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Backup Documents 02/12/2008 RBCC REGULAR MEETING BACK -UP DOCUMENTS FEBRUARY 12,2008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA February 12, 2008 9:00 AM Tom Henning, BCC Chairman Commissioner, District 3 Donna Fiala, BCC Vice - Chairman Commissioner, District 1; CRAB Chairman Jim Coletta, BCC Commissioner, District 5; CRAB Vice- Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 February 12, 2008 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252 -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 2. AGENDA AND MINUTES A. Approval of today'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 — 510 B. January 15, 2008 - BCC /Regular Meeting Approved as Presented — 510 C. January 16, 2008 - BCC /Regular- Continuation of January 15, 2008 Meeting Approved as Presented — 5/0 D. January 16, 2008 - BCC /LDC Cycle 2 Amendment Meeting Approved as Presented — 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards: 5 -Year Recipients: Page 2 February 12, 2008 1) Tony Branco - Lely Golf Estates Beautification Advisory Committee Presented 2) Michael Delate - Land Acquisition Advisory Committee Presented 3) Marco Espinar - Land Acquisition Advisory Committee Presented 4) Wayne Jenkins - Land Acquisition Advisory Committee Presented 5) Willis Kriz - Land Acquisition Advisory Committee Presented 6) William Poteet - Land Acquisition Advisory Committee Presented 7) Bradley Schiffer - Collier County Planning Commission Presented 8) Gerald Sugarman - Collier County Citizens Corps Presented B. 30 Year Attendees 1) Jodi Walters, Solid Waste Presented 4. PROCLAMATIONS A. Proclamation for Engineers Week In Collier County, February 17th through February 23, 2008 to be accepted by Dan Waters, PE, Vice President of the Calusa Chapter of FES and Marlene Messam, PE, Secretary of the Calusa Chapter of FES. Adopted — 510 5. PRESENTATIONS Page 3 February 12, 2008 A. Presentation to recognize Fred Edwards as the Florida Emergency Preparedness Association, 2008 Volunteer of the Year for his service to the Department of Emergency Management and to recognize Dan Summers, Director of the Bureau of Emergency Services as the 2008 Florida Emergency Preparedness Association Emergency Management Professional of the Year. Recognized B. Contractor's Presentation on CR 951 Water Main, Project 70151 and 70152. Akerman Construction Company, Inc. will make a presentation to the Board on the status of the CR 951 Water Main project. Presented 6. PUBLIC PETITIONS A. Public petition by Essie Serrata, Collier County Housing Authority, to discuss proposed rehabilitation of Farm Worker Village. To be brought back at future BCC meeting with detailed outline of retrofitting property updates B. Public petition request by Marisol Macias to discuss rates for rotation wrecker companies. Provide proof to the BCC regarding increased costs involved and County Manager to bring back to a future meeting C. Public petition request by Charles Coster to discuss extension of temporary use permits for Woolbright Vanderbilt (shopping center). Motion to extend temporary use permit — Approved 5/0 Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted 7. BOARD OF ZONING APPEALS Continued to February 26, 2008 BCC Meeting A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: VA- 2006 -AR- 10092 Mohammed M. Rahman, represented by Stephen J. Fleming, P.E., requesting a before - the -fact variance from Section 5.05.05.B. of the LDC to reduce the lot width along the north and south property line from the required 150 feet to 135 feet, and to reduce the side yard setback along the Page 4 February 12, 2008 west property line from the required 40 feet to 25 feet to permit an automobile service station. The subject property is located at 2393 Lake Trafford Road, Section 32, Township 46 South, Range 29 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2006 -AR -9127, Myrtle Woods, L.L.C., represented by Dwight Nadeau of RWA, Inc., requesting a rezone from C -4 and PUD to CPUD for a project known as the Myrtle Woods CPUD. The existing PUD sunsetted in 2003 and provided for a maximum of 45 residential units and commercial development on a 5.66 + /- acres of land. This rezone request will revitalize the Myrtle Woods PUD on the 5.66 + /- acre project and add a 1.38 + /- acre parcel currently zoned C -4 to create a unified commercial development on the now 7.0 +/- acre site. The subject property is located at the southeast corner of the intersection of Tamiami Trail East and Myrtle Lane in Section 29, Township 50 South, Range 26 East, Collier County, Florida. (Staff's request.) Ordinance 2008 -09: Motion to approve the recommendations from the CCPC and EAC with the exception of certain businesses prohibited uses and businesses with obscene or offensive names — Adopted 510 w /stipulation as stated by the County Manager 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Haldeman Creek Maintenance Dredging Advisory Committee. Resolution 2008 -41: Appointing Sharon King— Adopted 510 B. Request for reconsideration to approve a $99,000 budget amendment for Fiscal Year 2008 to make up a shortfall of funds as a result of the policy decision not to implement a proposed fee collection structure for Emergency Management Services. (Requested by Commissioner Henning) Motion to Reconsider - Approved 4/1 (Commissioner Coyle opposed) C. Report to the Board of County Commissioners on the County Attorney recruitment process by Andrea Sims, Water- Oldani Executive Recruitment. Discussed Page 5 February 12, 2008 D. Reconsideration by the Board of County Commissioners of the County Attorney Recruitment Process. (Commissioner Henning) Motion to Deny — Approved 510 10. COUNTY MANAGER'S REPORT A. Recommendation to review and approve the projects proposed for Collier County's Fiscal Year 2009 Federal Legislative Agenda which will be presented to the Congressional Delegation in Washington, D.C. for federal funding consideration. (Debbie Wight, Assistant to the County Manager) Motion to approve list w /addendum — Approved 4/1 (Commissioner Halas opposed) B. This item to be heard at 11:00 a.m. This item continued from the January 15, 2008 BCC Meeting. Recommendation to Endorse Code Enforcement Board and Special Magistrate Rules and Regulations. (Michelle Arnold, Code Enforcement Director, ODES) Motion to approve with yearly review - Approved 510 C. Recommendation to the Board of County Commissioners to direct staff to add to the 2006 Cycle of Growth Management Plan Amendments proposed amendments affecting model home conditional uses in the County Road 951 corridor, an amendment to the Future Land Use Map Designation for the Collier County -owned Margood Property in Goodland, and other housekeeping amendments which will serve to correct omissions, errors, and otherwise harmonize all portions of the Growth Management Plan. (Joe Schmitt, Administrator, Community Development) Approved - 510 D. Recommendation to approve extensions to SAP for Project Management including additional end -user licenses from SAP Public Services, Inc. and implementation services from Labyrinth Solution, Inc. d/b /a LSI Consulting for $1,600,000. (Len Price, Administrator, Administrative Services) Approved - 510 Moved from Item #16E1 E. Report and Ratify Staff - Approved Change Orders and Changes to Work Orders to Board - Approved Contracts Approved — 510 Page 6 February 12, 2008 11. PUBLIC COMMENTS ON GENERAL TOPICS None 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 — EDC Documents regarding requiring the Chairman's signature B. Coletta — Liveable housing in Immokalee for farm workers C. Coletta — Current fire season presentation regarding 30 foot clearing from homes and code compliance during drought to be discussed at the Fire Review Workshop D. Henning — Timeline for Pebblebrooke PUD — County Attorney to provide recommendations at the next BCC Meeting; County Attorney requested a two month extension in working forward a settlement w /property owners and businesses E. Henning — EDC wanted Chairman to sign letters (Consensus) F. Henning — Public Petitions before the Board; would like to make a case by case decision if it is a code case or in litigation G. Halas — Item #10A: his opposition was regarding concerns with sidewalks only H. Coyle — Offensive names by businesses and signs will be brought back for further discussion 1. Henning - Motion to Adjourn — Approved 5/0 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 — 510 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Page 7 February 12, 2008 1) Recommendation to the Board of County Commissioners to direct staff to provide a refund of a portion of a petition fee received for a 2006 Cycle of Growth Management Plan Amendments which amendment was found to be not necessary. Refund of $16,000 to be paid to Faith Bible Church 2) This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Suncoast Schools Federal Credit Union The developer must receive a Certificate of Adequate Public Facilities prior to final approval letter 3) This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Ave Maria Unit 1, Camp Keais Pointe Phase 1, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security W /stipulations 4) This item continued from the January 15, 2008 and the January 29, 2008 BCC Meeting. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Majors Phase One, (Lely Resort PUD), roadway and drainage improvements will be privately maintained. Resolution 2008 -35 W /release of the maintenance security 5) This item continued from the January 15, 2008 and the January 29, 2008 BCC Meeting. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Majors Phase Two, (Lely Resort PUD), roadway and drainage improvements will be privately maintained. Resolution 2008 -36 W /release of the maintenance security 6) This item was continued from the January 15, 2008 and the January 29, 2008 BCC Meeting. Recommendation to grant final approval of the roadway (private) and drainage improvements for the Page 8 February 12, 2008 final plat of Majors Phase Three, (Lely Resort PUD), roadway and drainage improvements will be privately maintained. Resolution 2008 -37 W /release of the maintenance security 7) Recommendation to amend the FY 2008 Collier County Community Development and Environmental Services Division budget by reducing operating and capital funding by $500,000, and reducing budgeted revenue by a like amount. Due to the reduction of construction permitting activity 8) This is a recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Parcel 100, the roadway and drainage improvements will be privately maintained. Resolution 2008 -38 W /release of the maintenance security B. TRANSPORTATION SERVICES 1) Recommendation to approve the signed contract between McDonald Transit and one additional subcontractor, First Choice Transport, Inc. to provide paratransit service. Resolution 2008 -39 2) Recommendation to approve the use of $88,000 in paratransit funds from FY08 for Collier Area Transit/Paratransit's Operations Center sewer connection and the necessary budget amendments. To replace the existing sewer system connection of the Ibis Club with a separate, permanent connection 3) Recommendation to award a construction contract to Better Roads, Inc. for Immokalee Road (C.R. 846) Shoulder Improvements, from North of Platt Road to East of Corkscrew Lane /Sanctuary Road. F.M. No. 417350 -1, Bid No. 08 -5029. Project No. 60016, in the amount of $215,633.51 To improve the safety of this portion of Immokalee Road 4) Recommendation to recognize and accept revenue for Collier Area Transit bus shelters in the amount of $42,600 and to approve all necessary budget amendments. Received checks from MDG Capitol Corp. (Arrowhead Reserve) Page 9 February 12, 2008 for $10,000, Treviso Bay on US 41 East for $27,600, and from Ram Development Company for $5,000 - For construction of bus shelters C. PUBLIC UTILITIES 1) Recommendation to accept two South Florida Water Management District Alternative Water Supply Grants in the total amount of $1,700,900 for partial funding of the construction of the Reclaimed Water Transmission Main - Immokalee Road Phase 1, Project 74311 and the South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion FY08, Project 70892 Resolution 2008 -40 2) To provide a recommendation to the Collier County Board of County Commissioners on how the potable water surcharge can be applied in a fair and equitable manner to developments such as the Crystal Lake RV Resort and other RV resorts and similar trailer parks that are classified as Commercial under the Land Development Code, Zoning Districts and Uses. As detailed in the Executive Summary D. PUBLIC SERVICES 1) Recommendation to authorize the Chairman to sign an agreement between Collier County Board of County Commissioners and the Physician Led Access Network (PLAN) in the amount of $50,000 to provide medical referral services for low- income residents in Collier County. For additional staff and expanding their office space 2) 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 166, Trail Ridge, East Naples. Impact Fee Deferral in the amount of $19,372.46 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Page 10 February 12, 2008 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 7, Block 9, Naples Manor Addition, East Naples. Impact Fee Deferral in the amount of $26,204.83 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 6, Block 9, Naples Manor Addition, East Naples. Impact Fee Deferral in the amount of $26,204.83 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 5, Block 9, Naples Manor Addition, East Naples. Impact Fee Deferral in the amount of $26,204.83 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 22, Block 6, Naples Manor Addition, East Naples. Impact Fee Deferral in the amount of $26,204.83 7) 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 6, Block 10, Naples Manor Addition, East Naples. Impact Fee Deferral in the amount of $26,204.83 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 (Developer) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 61, Trail Ridge, East Naples. Impact Fee Deferral in the amount of $19,372.46 Page 11 February 12, 2008 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 62, Trail Ridge, East Naples. Impact Fee Deferral in the amount of $19,372.46 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 63, Trail Ridge, East Naples. Impact Fee Deferral in the amount of $19,372.46 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 64, Trail Ridge, East Naples. Impact Fee Deferral in the amount of $19,372.46 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 60, Trail Ridge, East Naples. Impact Fee Deferral in the amount of $19,372.46 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 57, Trail Ridge, East Naples. Impact Fee Deferral in the amount of $19,372.46 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 Page 12 February 12, 2008 unit located at Lot 58, Trail Ridge, East Naples. Impact Fee Deferral in the amount of $19,372.46 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 59, Trail Ridge, East Naples. Impact Fee Deferral in the amount of $19,372.46 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 180, Trail Ridge, East Naples. Impact Fee Deferral in the amount of $19,372.46 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 40, Liberty Landing, Immokalee. Impact Fee Deferral in the amount of $12,442.46 18) 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, Liberty Landing, Immokalee. Impact Fee Deferral in the amount of $12,442.46 19) 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 109, Liberty Landing, Immokalee. Impact Fee Deferral in the amount of $12,442.46 20) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Page 13 February 12, 2008 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 108, Liberty Landing, Immokalee. Impact Fee Deferral in the amount of $12,442.46 21) Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY08, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY08. 22) Recommendation to award Bid #08 -5037 to provide meals for the Senior Nutrition Program for an estimated annual amount of $200,000. This program is funded by the Older Americans Act grant awarded to the Housing and Human Services Department. Award bid to GA Food Service, Inc. for delivery of meals to senior dining sites and home -bound seniors 23) Recommendation to approve a proposed lease modification between the Board of County Commissioners and the Children's Museum of Naples, Inc. For additional educational and recreational opportunities at North Collier Regional Park 24) Recommend approval of Budget Amendment for $150,000 for next phase of numerical modeling of alternatives at Wiggins Pass. This phase will utilize system modeling to design and analyze various options for performance and effectiveness 25) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, an Amendment to Agreement between Collier County and Collier County Housing Development Corporation (SHIP Homebuyer Education and Counseling) to facilitate an overall analysis and evaluation of the education program. 26) Recommend Approval to award Contract #08 -5028 in the amount of $179,060.40 to Quality Enterprises USA, Inc. for the Golden Gate Community Park Boat Ramp Project #800317. Providing the general public with direct access to the existing Golden Gate canal channels Page 14 February 12, 2008 27) Recommendation to approve a budget amendment transferring $62,500 from Project #806051 Delasol Neighborhood Park to Project #800341 Oakes Neighborhood Park Funds needed for park amenities 28) Recommendation to pay an outstanding FY 2007 invoice of $12,971 using FY 2008 Lethal Yellowing Disease allotment funds for suppression and removal services rendered while implementing the Collier County Lethal Yellowing Disease Ordinance 2004 -11. 29) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, an Amendment to Agreement between Collier County and The Empowerment Alliance of SW Florida (SHIP Homebuyer Education and Counseling) to facilitate an overall analysis and evaluation of the education program.. The amendment changes the information to be submitted, not the amount of the grant 30) Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign an Agreement with the State of Florida's, Department of Children and Families accepting a Challenge Grant in the amount of $140,000. To provide homeless assistance through Saint Matthew's House, the Shelter for Abused Women and Children and The Collier County Hunger and Homeless Coalition 31) Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign a Subrecipient Agreement providing a Challenge Grant in the amount of $16,000, to the Saint Matthews House to fund transportation cost associated with Collier County's homeless population. For the purchase of bus passes and the expenses related to the operation and maintenance of an existing van 32) Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign a Subrecipient Agreement providing a Challenge Grant in the amount of $59,000, to the Shelter for Abused Women and Children to fund one full -time Shelter Advocate /Counselor, and 45% of a second Shelter Page 15 February 12, 2008 Advocate /Counselor. Assisting victims in accessing mainstream benefits, food stamps, medication, job placement opportunities, life skills, budgeting, nutrition, self care and legal assistance 33) Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign a Subrecipient Agreement providing a Challenge Grant, in the amount of $65,000, to The Collier County Hunger and Homeless Coalition to provide funding to maintain, improve, and expand the HUD mandated HMIS System. To provide equipment, software, personnel, rent and operational costs E. ADMINISTRATIVE SERVICES Moved to Item #10E 1) Report and Ratify Staff - Approved Change Orders and Changes to Work Orders to Board - Approved Contracts. 2) Recommend approval of the award of RFP #07 -4141, Multifunctional Printer /Copier Products, and corresponding agreement between Collier County and J. M. Todd, Inc. in the estimated amount of $95,000 annually. For an initial two years with two additional one year renewal periods 3) Recommendation to approve conveyance of an Easement to Florida Power & Light Company for providing utility services to the expansion of the Golden Gate Library at 2432 Lucerne Road, at a cost not to exceed $27.00, Project 54261 -1. F. COUNTY MANAGER 1) Recommendation to approve an Assistance to Firefighters Grant Agreement from the Federal Emergency Management Agency for the installation of powered computer mounting systems, including docking stations to provide Mobile Data Terminal capability in Emergency Medical Services ambulances and command vehicles; to approve a Budget Amendment to recognize and appropriate grants funds in the amount of $48,960; and to approve the use of previously Page 16 February 12, 2008 received Florida Emergency Medical Services County Grant Funds in the amount of $12,240 as matching funds. The use of County Grant funds as the cash match has been approved by the State of Florida Department of Health, Bureau of Emergency Medical Services. As detailed in the Executive Summary 2) Recommend that the Board of County Commissioners authorize the Chairman to sign and send on behalf of the BCC the Destination Management Accreditation Program 2007 Annual Report Form for the Naples, Marco Island, Everglades Convention & Visitors Bureau The report is to indicate any changes in operations, leadership or tourism industry challenges that would make the CVB non- compliant to any of the accreditation criteria 3) Recommendation to approve the submittal of a Public Telecommunications Facilities Program grant application in the amount of $117,420 with a cash match of $58,710. To enhance our Early Alert Warning System which is critical to the Immokalee Community G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended a Rookery Bay Luncheon Meeting and film presentation, entitled, "The Climate of Change ", on Thursday, January 31, 2008, at the Rookery Bay Environmental Learning Center in Naples, Florida. $7.00 to be paid from Commissioner Halas' travel budget. 2) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Friends of Barefoot Beach Preserve Luncheon and Annual Membership Meeting on Friday, February 1, 2008, at Imperial Golf Club in Naples, Florida. $20.00 to be paid from Commissioner Halas' travel budget. Located at Imperial Golf Course Blvd. Page 17 February 12, 2008 3) Commissioner Halas requests board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended a Community Torah Inauguration and Celebration on Sunday, January 20, 2008, at the Ritz Carlton in Naples, Florida. $10.00 to be paid from Commissioner Halas' travel budget. Located at 280 Vanderbilt Beach Road 4) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Hearts in the Garden event on February 14, 2008, at Naples Botanical Garden; $30.00 to be paid from Commissioner Fiala's travel budget. Located at 4820 Bayshore Drive 5) Commissioner Fiala requests board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Stars in the Arts 2008 Awards Lunch on Wednesday, February 27, 2008, at Naples Grande Resort; $85.00 to be paid from Commissioner Fiala's travel budget. 6) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the League of Women Voter's January Lunch Meeting on Monday, January 21, 2008, at the Collier Athletic Club; $20.00 to be paid from Commissioner Fiala's travel budget. 7) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Attending the EDC Benefactor Foundations and VIP Premier Breakfast, February 7, 2008. $20 to be paid from Commissioner Coletta's travel budget. Held at the Naples Hilton, 5111 Tamiami Trail North, Naples, FL 34103 8) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Attending the EDC Membership Meeting featuring Space Florida and DayJet, February 28, 2008. $30 to be paid from Commissioner Coletta's travel budget. 9) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Paid registration fee on -site and attended the Everglades Coalition Conference Dinner on January 10, Page 18 February 12, 2008 2008. $50 to be paid from Commissioner Coletta's travel budget. Held at South Seas Island Resort 10) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Attending the Collier Harvest Appreciation Reception, February 13, 2008. $10 to be paid from Commissioner Coletta's travel budget. Located at the Northern Trust Building at 4001 Tamiami Trail North 11) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Attending the Marjory Stoneman Douglas Luncheon on February 27, 2008. $20 to be paid from Commissioner Coletta's travel budget. Held at the Seafood Depot in Everglades City I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain board approval for disbursements for the period of January 12, 2008 to January 18, 2008 and for submission into the official records of the board. 2) To obtain board approval for disbursements for the period of January 19, 2008 to January 25, 2008 and for submission into the official records of the board. 3) To obtain board approval for disbursements for the period of January 26, 2008 to February 1, 2008 and for submission into the official records of the board. K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment for Parcel No. 187RDUE in the lawsuit styled CC v. Joseph Noel, et al, Case No. 07- 3200 -CA (Oil Well Road Project # 60044). (Fiscal Impact Page 19 February 12, 2008 $6,424.50) For payment of full compensation, expert fees and costs 2) Recommendation to approve seven settlements for road right -of -way parcels acquired through condemnation for the Oil Well Road Project (Oil Well Road Project # 60044). (Fiscal Impact $41,920.25) For parcels: 174RDUE, 182RDUE, 196RDUE, 192RDUE, 189RDUE, 197RDUE and 205RDUE 3) Recommendation to approve settlement after mediation in the lawsuit entitled Charles McCleaf vs. Collier County filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 06-2350 - CA, for $25,000.00. For an accident that happened on January 2, 2003 4) Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $150,000 for Outside Counsel fees and $40,000 for Other Contractual Services (used for experts and consultants). For assistance with the Collier County vs. Brock cases and the investigations into the Richland (Pebblebrooke) and Olde Cypress PUDs 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. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 20 February 12, 2008 W AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 12, 2008 Continue Item 7A to the February 26, 2008 BCC meeting: Petition: VA- 2006 -AR -10092 Mohammed M. Rahman, represented by Stephen J. Fleming, P.E., requesting a before - the -fact variance from Section 5.05.05.8. of the LDC to reduce the lot width along the north and south property line from the required 150 feet to 135 feet, and to reduce the side yard setback along the west property line from the required 40 feet to 25 feet to permit an automobile service station. The subject property is located at 2393 Lake Trafford Road, Section 32, Township 46 South, Range 29 East, Collier County, Florida. (Petitioner's request.) Item 8A should read: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2006 -AR -9127, Myrtle Woods, L.L.C., represented by Dwight Nadeau of RWA, Inc., requesting a rezone from C-4. and PUD to CPUD for a project known as the Myrtle Woods CPUD. The existing PUD sunsetted in 2003 and provided for a maximum of 45 residential units and commercial development on a 5.66 + /- acres of land. This rezone request will revitalize the Myrtle Woods PUD on the 5.66 + /- acre project and add a 1.38+/ - acre parcel currently zoned C -4 to create a unified commercial development on the now 7.0 +/- acre site. The subject property is located at the southeast corner of the intersection of Tamiami Trail East and Myrtle Lane in Section 29, Township 50 South, Range 26 East, Collier County, Florida. (Staff's request.) Time Certain Items: Item 10B to be heard at 11:00 a.m. Recommendation to endorse Code Enforcement Board and Special Magistrate Rules and Regulations. 4q PROCLAMATION WHEREAS, engineers help to design, construct, and maintain the infrastructure and facilities that contribute to the quality of life of all the residents of Collier County, and, WHEREAS, maintaining the quality of life in Collier County during periods of substantial growth depends on engineers developing innovative, creative, and high - quality solutions to technical problems; and, WHEREAS, engineers, above all else in the practice of their profession, hold paramount the safety, health, and welfare of the public; and, WHEREAS, through the celebration of Engineers Week each year, the Florida Engineering Society and its Calusa Chapter are dedicated to sustaining and growing a dynamic engineering profession by ensuring a diverse and weft- educated future engineering workforce and raising public understanding and appreciation of engineering contributions to society; and, WHEREAS, the Board of County Commissioners wishes to recognize and honor those individuals who live and work in Collier County and who practice the profession of engineering in an honorable, responsible, ethical, and competent manner; and to recognize and honor those students who have chosen to be educated to follow a career path in the field of engineering. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of February 17 through February 23, 2008, be designated as ENGINEERS WEEK IN COLLIER COUNTY DONE AND ORDERED T14I5 12' day of February, 2008. ATTEST. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, 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.5erv./P1annin Date: Petition No. (It none, give brief descriptio Petitioner: (Name & Address): RWA, Inc., Dwight Nadeau, 6610 Willow Drive, Suite 200, Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Clyde C. Quimby, 3775 Airport Rd., N, Naples, FL; Caskey Corporation, John W. Caskey, Jr., 3775 Airport Pulling Road, N., Naples, FL 34105 Hearing before BCC BZA Other µ t r Hv' Requested Hearing date =. I1 hx.. � a; ' Based on advertisement appe Newspapers) to be used: (Complete only if important)! XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description &common location & Size: yrtle Woods, L.L.C, represented by Dwight Nadeau, of RWA, Inc., requesting a rezone from - a project known as the Myrtle Woods CPUD. The existing PUD sunsrued in 2003 and provided for a maximum of 45 residential units and commercial development on a 5.66+/- acres of land. This rezone request will revitalize the Myrtle Woods PUD on the 5.66+/ - acre project and add a 1.38 +/- acre parcel currently zoned C -4 to create a unified commercial development on the now 7.0 +/- acre site. The subject property is located at the southeast corner of the intersection of Tomiami Trail East and Myrtle Lane. in Section 29, Township 50 South, Range 26 East, Collier County, Florida, Companion petition(s), if any & proposed hearing date: Does Petrtiptl „ ' dude advertising cost? Yes No If Yes, what account should be charged for advertising costs: Reviewed by: Approved by: Department Head to I County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. * ttiii44* R4tttiiRRtitti* R1Rthlf fiR* Rf *1MRf *rt4t *fi }t *iiiii **ii}R *Rtt R43tii *f tits *tt***RtiiRf*t*t*tith* FOR CLERK E ONLY: �i Date Receive$; Date of Public heari Date Advertise; . ORDINANCE NO. 08 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 200441, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT AND A GENERAL COMMERCIAL (C -4) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 7.04 + /- ACRE PARCEL LOCATED ON TAMIAMI TRAIL EAST (US 41), SOUTH OF MYRTLE LANE, IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 81 -23, THE FORMER MYRTLE WOODS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 5, 1981, the Board of County Commissioners adopted Ordinance Number 81 -23 establishing the Myrtle Woods PUD; and WHEREAS, Myrtle Woods, LLC, represented by Dwight Nadeau of RWA, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 29, Township 50 South, Range 26, Collier County, Florida, is changed from a Planned Unit Development (PUD) Zoning District and a General Commercial (C -4) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for a 7.04 + /- acre parcel to be known as the Myrtle Woods CPUD, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. Page I of 2 SECTION TWO: Ordinance Number 81 -23, known as the Myrtle Woods PUD, adopted on May 5, 1981, by the Board of County Commissioners is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA LN Deputy Clerk Approved as to form and legal sufficiency: ������arjorie M. Student- Stirling Assistant County Attorney M CHAIRMAN Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: List of Developer Commitments Page 2 of 2 A EXHIBIT A PERMITTED USES Table 1 PROJECT LAND USE TRACTS • TYPE GSF ACREAGE± TRACT "CO" COMMERCIAL 61,000 4.53 TRACT "U" UTILITY 0 1.53 TRACT "P" PRESERVE 0 0.98 Note: GSF is gross square feet. I PERMITTED USES: Within the CO, Commercial Tract, no building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Commercial banks — with drive - through facilities (Groups 6021- 6029). 2) Real estate agents and managers (Group 6531). 3) Hardware store only (Group 5251). 4) Variety stores — 5,000 square foot maximum floor area (Group 5331). 5) Miscellaneous general merchandise stores, except catalog showrooms — 5,000 square foot maximum floor area (Group 5339). 6) Grocery stores, except frozen food and freezer plants — 10,000 square foot maximum floor area (Group 5411). 7) Fish, meat, and seafood markets only (Group 5421). 8) Fruit and vegetable markets (Group 5431). 9) Retail bakeries (Group 5461). 10) Health food store only — 2,500 square foot maximum floor area (Group 5499). 11) Apparel and accessory stores — 2,500 square foot maximum floor area (Groups 5611 - 5661). A -1 12) Record and prerecorded tape stores (Group 5735). 13)Eating places, except caterers and industrial and institutional food service establishments, dinner theaters, drive -in restaurants and restaurants with drive - through facilities (Group 5812). Outdoor entertainment, outdoor televisions, speakers, and amplified sound are prohibited. 14)Agents for laundries and drycleaners only (Group 7212). 15) Dry cleaning (Group 7215). 16)Diaper service, and garment alteration and repair shops only (Group 7219). 17)Beauty shops, except beauty schools and cosmetology schools (Group 7231). 18)Barber shops, except barber colleges (Group 7241). 19)Depilatory salon, electrolysis, massage parlor, shopping service for individuals, and tanning salons only (Group 7299). 20)Housekeeping and maid service only (Group 7349). 21)Video tape rental (Group 7841). 22)Physical fitness facilities (Group 7991). 23)Offices and/or clinics of physicians, and offices and/or clinics of dentists (Groups 8011 - 8021). 24)Offices and clinics of chiropractors (Group 8041). 25)Motor vehicle dealers -only new (Group 5511). 26)Miscellaneous retail (Groups 5912, 5941 -5949, and 5992 -5999, with the retail sales of fireworks prohibited). Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA ") by the process outlined in the LDC. All retail establishments shall be located only on the ground floors of commercial buildings. A -2 B. Accessory Uses: • 1 Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities. 2) One caretaker's residence. 3) Uses and structures that are accessory and incidental to the uses permitted as of right. II REGULATIONS FOR DEVELOPMENT: Regulations for development of this project shall be in accordance with the contents of this ordinance and other sections and parts of the Land Development Code and Growth Management Plan in effect at the time of site development plan, subdivision plat, or any other type of approval to which those regulations apply. A -3 EXHIBIT B DEVELOPMENT STANDARDS GENERAL: 8A Development of the Myrtle Woods CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Commercial condominium, and/or property owners' association boundaries shall not be utilized for determining development standards. Table I below sets forth the development standards for land uses within the CPUD Commercial Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP) or subdivision plat. TABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT * Architectural appurtenances shall not exceed 75 feet in "actual' height. ** Per principal structure, on the finished first floor. Note: NTE represents "not to exceed ". Im • PRINCIPAL USES ACCESSORY USES = MINIMUM LOT AREA Sq. 10,000 Ft. N/A MINIMUM LOT WIDTH 75 Ft. N/A MINIMUM YARDS Front 25 Ft. 15 Ft. Rear 50% of the building height, but not less than 15 Ft. 10 Ft. Side 50 % of the building height, but not less than 15 Ft. 10 Ft. MIN. DISTANCE BETWEEN 15 F[ 50% of the building height, STRUCTURES . but not less than 15 Ft. MAXIMUM HEIGHT (ZONED) Retail Buildings 3 stories, NTE 50 Ft.* N/A Office Buildings 3 stories NTE 50170 N/A MINIMUM FLOOR AREA 700 Sq. Ft. ** N/A * Architectural appurtenances shall not exceed 75 feet in "actual' height. ** Per principal structure, on the finished first floor. Note: NTE represents "not to exceed ". Im • • EXHIBIT C MASTER PLAN wo � 1 g y / Q r i till $$$ EXHIBIT "C" e g n rant wwcs uc MYRTLE WOODSCPUD I _ I- armx 'Mftw I� • EXHIBIT D LEGAL DESCRIPTION LOTS 23, 24, 25, 26, 27 AND 28, MYRTLE COVE ACRES, BLOCK A, UNIT 1, AS RECORDED IN PLAT BOOK 3, PAGE 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA EXHIBIT E LIST Of DEVIATIONS None EXHIBIT F LIST OF DEVELOPER COMMENTS TRANSPORTATION $A A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manua! on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Access Points shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plans, final plat submissions, FDOT permits and/or by an approved Developer Contribution Agreement (DCA). All such access shall be consistent with the FDOT Access Management Policy, as it may be amended from time to time. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. D. If, in the sole opinion of Collier County and FDOT, a traffic signal, or other traffic control device, sign, or pavement marking improvement within a public Right of Way or Easement is determined to be necessary, the cost of such improvement shall be the responsibility of the developer, his successors or assigns. The improvements shall be paid for or installed, at the County's and FDOT's direction. This could be prior to the appropriate corresponding Certificate of Occupancy. E. Site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. To the extent possible, all the required improvements shall be in place and available to the Public prior to commencement of on -site construction. F. All proposed median opening locations shall be in accordance with the FDOT Access Management Policy, as it may be amended. FDOT and Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the Public. Any such modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any Development Order (DO) shall vest a right of access in excess of a right - in/right -out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action against the County by the Developer, its successor in title, or assignee. F -1 H. All internal roads, driveways, alleys, pathways, sidewalks, interconnections to adjacent developments shall be operated and maintained by an entity created by the Developer in accordance with the applicable administrative codes and/or statutes of the State of Florida; and Collier County shall have no responsibility for maintenance of any such facilities. If any required turn lane improvement requires the use of existing County Rights -of -Way or easement(s), then, if required by County staff, compensating Right -of -Way shall be provided at no cost to Collier County as a consequence of such improvement(s). J. All off -site access improvements must be completed prior to commencement of on -site construction. K. The developer shall provide a public access easement from Myrtle Lane to the signalized intersection of US -41 and Broward Street as approximately shown on Exhibit C, CPUD Master Plan. The public access easement shall not be considered road right -of -way and shall not be used for determining setbacks, or buffering requirements. The exact location and design of the public access easement shall be approved by the Transportation Division at the time of site development plan application review. WATER MANAGEMENT A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the approved plans is granted by Project Review Services. B. The developer shall grant or dedicate a 50 foot wide drainage and utility easement to Collier County as approximately shown on Exhibit C, CPUD Master Plan. This easement dedication shall occur within the earlier of 60 -days of written request by the County, or at submittal of the SDP. The easement shall be granted or dedicated at no cost to the County, with the developer providing all appropriate sketches and legal descriptions. At the County's request, the developer shall install drainage and utility facilities in the drainage and utility easement as part of the site construction, with the location of these facilities determined through the SDP review process. The County shall reimburse the developer within 180 -days of the completion of the installation of the utility and drainage facilities. The County shall not be responsible for the restoration costs of private facilities within the easement should maintenance of the public utility and drainage facilities be required in the future. F -2 UTILITIES I i A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 04 -31, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. D. The developer shall grant a 60 foot by 70 foot well site easement and an associated utilities and access easement to connect the well site easement to a public right -of -way. The County shall compensate the developer for the well easement dedication through impact fee credits based on the fair market value of the land so dedicated. The utilities and access easement shall be 20 feet wide unless the well site is contiguous to a public right -of -way, in which case, it shall be 15 feet wide. The CUE access easement is for access, installation, operation, and maintenance of transmission mains, power, telemetry lines and appurtenances. This conveyance shall occur at the time the SDP, Plat (or similar process) of the area within the development phase that contains the easement is approved by County staff. At the time of SDP and /or Plat submittal, the developer shall provide the well site easement that meets the standard setback requirements for water wells. ENVIRONMENTAL A. If prehistoric or historic artifacts, such as pottery of ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial of American settlement are encountered at any time within the project site area, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity off such discoveries. The permittee, or other designee, should contact the Florida Department of State, Division of Historical Resources, Review and Compliance section at (850) 245 -6333 or (800)847- 7278, as well as the appropriate permitting agency office. Project activities should not resume without verbal and/or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during the permitted activities, all work shall stop immediately and the proper authorities notified in accordance with section 872.05, Florida Statutes. A Florida Fish and Wildlife Conservation Commission (FWC) relocation permit shall be obtained for the relocation of the one gopher tortoise found on site prior to commencement of any construction activities. A copy of the permit shall be forwarded to Environmental Services Staff. F -3 F 1 C. The developer shall provide a report to Environmental Services Staff on the results of the relocation of the gopher tortoise within thirty days of the relocation. The report shall include the number of burrows excavated, the number of tortoises relocated, and the final relocation site. PLANNING A. The depth of the commercial buildings and parking areas associated with the development shall not exceed 397 feet as measured from the property line fronting on US -41, in order to meet the infill criteria of the GMP. B. The developer shall install a fence /wall associated with the southern property boundary and the southwest property boundary. No fence /wall shall be installed within the Preserve Tract. The final location of the fence /wall shall be determined during the SDP process. F -4 a b S a v pry +i S. t M yr e � s a "•.q j � e: 1 i 9y D q, aB4 t y � r r � "��� 1 ®• � rte+ � hN, tip: � •. _' c ' �tt e kJY P t I • January 17, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ- 2006 -AR -9127: Myrtle Woods CPUD Dear Legals: Please advertise the above referenced notice on Sunday, January 27, 2008, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. /Account # 113 - 138312 - 649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 12, 2008, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT AND A GENERAL COMMERCIAL (C -4) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 7.04 +/- ACRE PARCEL LOCATED ON TAMIAMI TRAIL EAST (US 41), SOUTH OF MYRTLE LANE, IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 81 -23, THE FORMER MYRTLE WOODS PUD; AND BY PROVIDING AN EFFECTIVE DATE. {�4iOnP DZ- 2006 -AR -9127, Myrtle Woods, L.L.C., represented by Dwight adeau, of RWA, Inc., requesting a rezone from C -4, and PUD to CPUD for a project known as the Myrtle Woods CPUD. The existing PUD sunsetted in 2003 and provided for a maximum of 45 residential units and commercial development on a 5.66 +/- acres of land. This rezone request will revitalize the Myrtle Woods PUD on the 5.66 +/- acre project and add a 1.38 +/- acre parcel currently zoned C -4 to create a unified commercial development on the now 7.0 +/- acre site. The subject property is located at the southeast corner of the intersection of Tamimai Trail East and Myrtle Lane in Section 29, Township 50 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. 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. e j • 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 TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) -eaunty of Collier ._ CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY GOURT�OUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044., January 17, 2008 NAPLES, F LORI DA'34101 -3044 Dwight Nadeau RWA, Inc. 6610 Willow Drive, Suite 200 Naples, FL 34109 Re: Notice of Public Hearing to consider Petition PUDZ- 2006 -AR -9127: Myrtle Woods CPUD Dear Petitioner: • 1 • Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 12, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 27, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ".tc. p .� . Ann Jennejohn, Q Deputy Clerk Enclosure Phone - (239)732 -2646 Fax - (239)775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk (nclerk.collier.fl.us ' -County of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY (OURT�OUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044`, January 17, 2008 NAPLES, FLORIDA 14101 -3044 Clyde C. Quinby 3775 Airport Pulling Road North Naples, FL 34105 Re: Notice of Public Hearing to Consider Petition PUDZ- 2006 -AR -9127: Myrtle Woods CPUD Dear Petitioner: • • Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 12, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 27, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK J'i "1",� 0(.Ac, Q.G . Ann Jennejo hrP, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk (a),clerk.collier.fl.us - Bounty of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURT OUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOA{ 413044, January 17, 2008 NAPLES, FLORIDA'T'4101 -3044 John W. Caskey, Jr. Caskey Corporation 3775 Airport Pulling Road North Naples, FL 34105 Re: Notice of Public Hearing to Consider Petition PUDZ - 2006 -AR -9127: Myrtle Woods CPUD Dear Petitioner: • 1 • Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 12, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 27, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK &V -k 0 • C . Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 732-2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk(a—�,clerk.collier.fl.us Ann P. Jennejohn To: legals @naplesnews.com Subject: PUDZ- 2006 -AR -9127 Myrtle Woods CPUD Attachments: PUDZ- 2006- AR- 9127.doc; PUDZ- 2006- AR- 9127.doc Please advertise the attached on Sunday, January 27, 2008. 0 PUDZ- 2006 -AR -912 Thank you, 7.doc (24 KB) Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 ( ann.jennejohn @collierclerk.com) O PUDZ- 2006 -AR -912 7.doc (25 KB) • M . I Ann P. Jennejohn From: postmaster @collierclerk.com Sent: Thursday, January 17, 2008 2:41 PM To: Ann P.Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT197846.txt; PUDZ- 2006 -AR -9127 Myrtle Woods CPUD 3 LI ATT197846.bct PUDZ- 2006 -AR -912 (229 B) 7 Myrtle Woods... 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 PUDZ- 2006 -AR -9127 Myrtle Woods CPUD Ann P. Jennejohn From: Riley, Becky [BRiley @Naplesnews.com] Sent: Thursday, January 17, 2008 2:52 PM To: Ann P. Jennejohn Subject: RE: PUDZ- 2006 -AR -9127 Myrtle Woods CPUD ok From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Posted At: Thursday, January 17, 2008 2:41 PM Posted To: Legals - NDN Conversation: PUDZ- 2006- AR-9127 Myrtle Woods CPUD Subject: PUDZ- 2006 -AR -9127 Myrtle Woods CPUD Please advertise the attached on Sunday, January 27, 2008. Thank you, «PUDZ- 2006- AR- 9127.doc>> «PUDZ- 2006- AR- 9127.doc>> Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann. jennejohn@collierclerk.com) 1/1 7/2008 Page 1 of 1 68 Th.Th, NAPLES DAILY NEWS Published Dail} Naples. FL 31102 Affidavit of Publication State of Florida County of Collier Before the undersigned thcy serve as the authoruN. personallN- appeared B, Lamb. who on oath saps that lheN scrnc as the Assistant Corporate Secretan of the Naples Daib. a daik newspaper published at Naples. in Collier Count ,,, Florida: distributed in Collier and Lee counties of Florida, that the attached cop? of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 lime in the issue On January 27 "'. 2008 91If ant hunter says that the said Naples Fiat ly News is a newspaper Published at Naples. in collier county. Florida and that the said newspaper has heretofore been continuously published in said Collier Counte, Florida, distributed in Collier and Lee counties of Florida. each day and has been entered as second class mail matter at the post office in Naples io .paid Collier County, Florida, for a period of t vicar next preceding the first publication of the attached copy of ad vcrt i sent ent, and aHlant tun her says Ihat he has neither paid nor promised any person. firm or corporation any discount, rebate, commission or relund for the purpose o securing this advertisement for publication in the said newspaper. ( Signa li i� Sworn to and subscribed before me This 27 "' W, Of lanuzry 2008 9, h IRA Ci (Signs ire of liglary p�ublic) JUDYJANES Commission DD 675029 FEI 59 -25783 'F-; .1 Expires May 16, 2071 FEI 59-2578] 041 t[ ��� 0 Noweleelea MAI NOTICE OF INTENT TO. In Any aersonwhhop tlecldes to.ap atkR GltrlslM of me Board WIII dead a ceeeddttifgs eltalnlnptheretpv,� theyprnD pydln�l ;madeavv M=rkb Of wnrehithe e m t Ana evviideellnce upon CO 0 F CDU 7Y COMM OOMM 1 5 Ahn DyyW N.< (S6,W Clark January 27 No.166D310 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP n TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 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 exce tion of the Chairman's si nature draw a line throw h routin lines #I thro h 44 I Route to Addressee(s) (List in routin order u , comp etc the checklist, and Office forward [o Sue Fdson Initials (line #5). Date 1. a ro riate. Original document has been signed/initialed for legal sufficiency. (AII documents to be (Initial) Applicable) 2. 2/12/08 Agenda Item Number SA 3. by the Office of the County Attorney. This includes signature pages from ordinances, 4. Ordinance & exhibits Number of Original 2 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 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 BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Melissa Zone Phone Number 252 -2958 Contact a ro riate. Original document has been signed/initialed for legal sufficiency. (AII documents to be (Initial) Applicable) Agenda Date Item was 2/12/08 Agenda Item Number SA Approved b X the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Ordinance & exhibits Number of Original 2 Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRUCTinNC .B Cw f wit item 1` Forms/ County Forms / BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. a ro riate. Original document has been signed/initialed for legal sufficiency. (AII documents to be (Initial) Applicable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney 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 of BCC approval of the /y 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 si nature 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. 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 BCC on -/ -U (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorney's �� - Office has reviewed the changes, if applicable. 1` Forms/ County Forms / BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ORDINANCE NO. 08-09 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT AND A GENERAL COMMERCIAL (C -4) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 7.04 + /- ACRE PARCEL LOCATED ON TAMIAMI TRAIL EAST (US 41), SOUTH OF MYRTLE LANE, IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 81 -23, THE FORMER MYRTLE WOODS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 5, 1981, the Board of County Commissioners adopted Ordinance Number 81 -23 establishing the Myrtle Woods PUD; and WHEREAS, Myrtle Woods, LLC, represented by Dwight Nadeau of RWA, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 29, Township 50 South, Range 26, Collier County, Florida, is changed from a Planned Unit Development (PUD) Zoning District and a General Commercial (C -4) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for a 7.04 + /- acre parcel to be known as the Myrtle Woods CPUD, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. Page I of 2 SECTION TWO: Ordinance Number 81 -23, known as the Myrtle Woods PUD, adopted on May 5, 1981, by the Board of County Commissioners is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this 1,X01 day of s ul 2008. ATT) ST,_ DWIGHT 1 :ROCK, CLERK Atta:t � is � e ' I , uty Cie stpnatwo 0116 Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA rk TOM HENNING, ds Marjorie Student - Stirling Assistant County Attorney Exhibit A: List of Permitted Uses Exhibit B: Development Standar Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: List of Deviations Exhibit F: List of Developer Commitments Page 2 of 2 I EXHIBIT A PERMITTED USES Table I PROJECT LAND USE TRACTS TYPE GSF ACREAGE+ TRACT "CO" COMMERCIAL 61,000 4.53 TRACT "U" UTILITY 0 1.53 TRACT "P" PRESERVE 0 0.98 Note: GSF is gross square feet. PERMITTED USES: f Hv r Within the CO, Commercial Tract, no building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Commercial banks — including those commercial banks with drive - through facilities (Groups 6021 - 6029). 2) Real estate agents and managers (Group 6531). 3) Hardware store only (Group 5251). 4) Variety stores — 5,000 square foot maximum floor area (Group 5331). 5) Miscellaneous general merchandise stores, except catalog showrooms — 5,000 square foot maximum floor area (Group 5399). 6) Grocery stores, except frozen food and freezer plants — 10,000 square foot maximum floor area (Group 5411). 7) Fish, meat, and seafood markets only (Group 5421). 8) Fruit and vegetable markets (Group 5431). 9) Retail bakeries (Group 5461). 10) Health food store only — 2,500 square foot maximum floor area (Group 5499). 11) Apparel and accessory stores — 2,500 square foot maximum floor area (Groups 5611 - 5661). A -1 12) Record and prerecorded tape stores (Group 5735). 8Ah 13) Eating places, except caterers and industrial and institutional food service establishments, dinner theaters, drive -in restaurants and restaurants with drive - through facilities (Group 5812). Outdoor entertainment, outdoor televisions, speakers, and amplified sound are prohibited. 14) Agents for laundries and drycleaners only (Group 7212). 15) Dry cleaning (Group 7215). 16) Diaper service, and garment alteration and repair shops only (Group 7219). 17) Beauty shops, except beauty schools and cosmetology schools (Group 7231). 18) Barber shops, except barber colleges (Group 7241). 19) Depilatory salon, electrolysis, massage parlor, shopping service for individuals, and tanning salons only (Group 7299). 20) Housekeeping and maid service only (Group 7349). 21) Video tape rental (Group 7841). 22) Physical fitness facilities (Group 7991). 23) Offices and /or clinics of physicians, and offices and /or clinics of dentists (Groups 8011 - 8021). 24) Offices and clinics of chiropractors (Group 8041). 25) Motor vehicle dealers -only new (Group 5511). 26) Miscellaneous retail (Groups 5912, 5941 -5949, and 5992 -5999, with the retail sales of fireworks prohibited). Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA ") by the process outlined in the LDC. All retail establishments shall be located only on the ground floors of commercial buildings. A -2 B. Accessory Uses: o Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities. 2) One caretaker's residence. 3) Uses and structures that are accessory and incidental to the uses permitted as of right. II PROHIBITED USES: The applicant has agreed on the record that the following uses shall be prohibited in this CPUD Zoning District: 1) Soup kitchens 2) Pawn shops 3) Tattoo parlors 4) Adult X -rated video stores 5) Bail bonds offices 6) Homeless shelters 7) Any business establishment displaying any obscene or offensive name. III REGULATIONS FOR DEVELOPMENT: Regulations for development of this project shall be in accordance with the contents of this ordinance and other sections and parts of the Land Development Code and Growth Management Plan in effect at the time of site development plan, subdivision plat, or any other type of approval to which those regulations apply. FEW EXHIBIT B DEVELOPMENTSTANDARDS GENERAL: 8A� Development of the Myrtle Woods CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County Land Development Code (LDC) and Growth Management Plan (GNP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Commercial condominium, and /or property owners' association boundaries shall not be utilized for determining development standards. Table I below sets forth the development standards for land uses within the CPUD Commercial Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP) or subdivision plat. S I TABLE I $A DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT * Architectural appurtenances shall not exceed 75 feet in "actual" height. ** Per principal structure, on the finished first floor. Note: NTE represents "not to exceed ". PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM LOT WIDTH 75 Ft. N/A MINIMUM YARDS Front 25 Ft. 15 Ft. Rear 50% of the building height, but not less than 15 Ft. 10 Ft. Side 50 % of the building height, but not less than 15 Ft. 10 Ft. MIN. DISTANCE BETWEEN 50% of the building height, STRUCTURES 15 Ft . but not less than 15 Ft. MAXIMUM HEIGHT (ZONED) Retail Buildings 3 stories, NTE 50 Ft.* N/A Office Buildings 3 stories NTE 50 Ft.* N/A MINIMUM FLOOR AREA 700 Sq. Ft. ** N/A * Architectural appurtenances shall not exceed 75 feet in "actual" height. ** Per principal structure, on the finished first floor. Note: NTE represents "not to exceed ". 8AW, EXHIBIT C MASTER PLAN I I i d I ' I t Iiij amnv.. r r r' / a \ ` r r r i e3 r P / r N91 Ir @ all k fl u 9 �€ I� e N a EXHIBIT "C" a u MYR7LEL_ MYRTLE WOODS CPUD` v Auto, MWALASMPLAN • 1 • EXHIBIT D LEGAL DESCRIPTION LOTS 23, 24, 25, 26, 27 AND 28, MYRTLE COVE ACRES, BLOCK A, UNIT 1, AS RECORDED IN PLAT BOOK 3, PAGE 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA 1OO EXHIBIT E LIST OF DEVIATIONS None EXHIBIT F LIST OF DEVELOPER COMMENTS TRANSPORTATION 8A J A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). C. Access points shown on the CPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plans, final plat submissions, FDOT permits and/or by an approved Developer Contribution Agreement (DCA). All such access shall be consistent with the FDOT Access Management Policy, as it may be amended from time to time. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. D. If, in the sole opinion of Collier County and FDOT, a traffic signal, or other traffic control device, sign, or pavement marking improvement within any public right -of- way or easement is determined to be necessary, the cost of such improvement shall be the responsibility of the developer, its successors or assigns. The improvements shall be paid for or installed, at the County's and FDOT's direction. This could be prior to the issuance of the appropriate, corresponding CO. E. Site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. To the extent possible, all the required improvements shall be in place and available to the public prior to commencement of on -site construction. F. All proposed median opening locations shall be in accordance with the FDOT Access Management Policy, as it may be amended. FDOT and Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order (DO) shall vest a right of access in excess of a right - in/right -out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action against the County by the developer, its successor in title, or assignee. F -1 8A41 H. All internal roads, driveways, alleys, pathways, sidewalks, interconnections to adjacent developments shall be operated and maintained by an entity created by the developer in accordance with the applicable administrative codes and /or statutes of the State of Florida; and Collier County shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County rights -of -way or easement(s), then, if required by County staff, compensating right -of -way shall be provided at no cost to Collier County as a consequence of such improvement(s). J. All off -site access improvements must be completed prior to commencement of on -site construction. K. The developer shall provide a public access easement from Myrtle Lane to the signalized intersection of US -41 and Broward Street as approximately shown on Exhibit C, CPUD Master Plan. The public access easement shall not be considered road right -of -way and shall not be used for determining setbacks, or buffering requirements. The exact location and design of the public access easement shall be approved by the Transportation Division at the time of SDP application review. WATER MANAGEMENT A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the approved plans is granted by Engineering Review Services. B. The developer shall grant or dedicate a 50 foot wide drainage and utility easement to Collier County as approximately shown on Exhibit C, CPUD Master Plan. This easement dedication shall occur within the earlier of 60 -days of written request by the County, or at submittal of the SDP. The easement shall be granted or dedicated at no cost to the County, with the developer providing all appropriate sketches and legal descriptions. At the County's request, the developer shall install drainage and utility facilities in the drainage and utility easement as part of the site construction, with the location of these facilities determined through the SDP review process. The County shall reimburse the developer within 180 -days of the completion of the installation of the utility and drainage facilities. The County shall not be responsible for the restoration costs of private facilities within the easement should maintenance of the public utility and drainage facilities be required in the future. F -2 8A , UTILITIES A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with applicable Collier County ordinances, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. D. The developer shall grant a 60 foot by 70 foot well site easement and an associated utilities and access easement to connect the well site easement to a public right -of -way. The County shall compensate the developer for the well easement dedication through impact fee credits based on the fair market value of the land so dedicated. The utilities and access easement shall be 20 feet wide unless the well site is contiguous to a public right -of -way, in which case, it shall be 15 feet wide. The County utility, access easement is for access, installation, operation, and maintenance of transmission mains, power, telemetry lines and appurtenances. This conveyance shall occur at the time the SDP, plat (or similar process) of the area within the development phase that contains the easement is approved by County staff. At the time of SDP and /or plat submittal, the developer shall provide the well site easement that meets the standard setback requirements for water wells. ENVIRONMENTAL A. If prehistoric or historic artifacts, such as pottery of ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial of American settlement are encountered at any time within the project site area, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity off such discoveries. The permittee, or other designee, should contact the Florida Department of State, Division of Historical Resources, Review and Compliance section at (850) 245 -6333 or (800)847- 7278, as well as the appropriate permitting agency office. Project activities should not resume without verbal and /or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during the permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Florida law. B. A Florida Fish and Wildlife Conservation Commission (FWC) relocation permit shall be obtained for the relocation of the one gopher tortoise found on site prior to commencement of any construction activities. A copy of the permit shall be forwarded to Environmental Services Staff. F -3 8A C. The developer shall provide a report to Environmental Services Staff on the results of the relocation of the gopher tortoise within thirty days of the relocation. The report shall include the number of burrows excavated, the number of tortoises relocated, and the final relocation site. PLANNING A. The depth of the commercial buildings and parking areas associated with the development shall not exceed 397 feet as measured from the property line fronting on US -41, in order to meet the infill criteria of the GMP. B. The developer shall install a fence /wall associated with the southern property boundary and the southwest property boundary. No fence /wall shall be installed within the Preserve Tract. The final location of the fence /wall shall be determined during the SDP review process. F -4 T����INC. APRIL, 200, CLIENT: MYRTLE WOODS, LLC tKl v m �G Nrs PROJECT: MYRTLE WOODS CPUD i %. v T� JL s " I: TITHE: INFILL COMMERCIAL EXHIBIT I SIX W: 9610 NAll(2 Pala@iv 5 Ya :( Naples FIa1dB 36109 cnEC "m er: (239) s9r -ons FAX: (139) 59] -05x8 D.H.N. 1502 Carson Street Fort Myers Floma33901 s[c Tyy; acc PROJECT OS- 0035.OI.O1 SHEET 1 2 FILE �iC (239)2]95220 FAX:(23J)Z19 "5019 D 59S %E NUMBER: NUMBER: OF NUMBER:500350OX02 Too `� T�u�c �� CLIENT: MYRTLE WO011S, LL( �u'NM ` ( v CONSULTING � V ii i 04 Rn&wda i�r;II PROJECT: MYRTLE WOODS CPUD sE.w TTEE: INFILL COMMERCIAL EXHIBIT ll °6 O WBbwPwk i k Su" 9A ftW, '° F " 341 PM BV-WM FAX M M45M WITH AERIAL PHOTO E°— � : DAN. sec: t . � 0 SB = PROJECT NUMBER: 05-0O' .OLO1 SHEEP n r� NUMBER: 2 OF ` FILE cnn�cnOvO9 NUMBER: 5003 IV A J 1WCO Sxwt!FrtWd^pMft3 (230)2 MM FAk(]37j M441B 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 copy of: ORDINANCE NO. 2008 -09 Which was adopted by the Board of County Commissioners on the 12th day of February 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of February 2008. DWIGHT E. BROCK, ` ':' • � Clerk of Coul'ts and Clerk Ex- officio -to•idard of County Com4tis8loners By:Martha Ver" a; Deputy CYerk • ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 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 ­a onn nf tre Chairman's si nature draw a line through routine lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order) Office Initials Date 1. Collier County Attorney's Office (Initial) Applic able) 2. February 12, 2008 Agenda Item Number 9A 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution y� , �I Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners U 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 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 BCC office only after the BCC has acted to approve the it— l Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applic able) Agenda Date Item was February 12, 2008 Agenda Item Number 9A Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution y� , �I Number of Original 1 Attached U Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST I Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the 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 N/A 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 of BCC 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 1 signature and initials are required. l 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. I� Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The EL County Attorney's Office has reviewed the changes, if applicable. I Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 M RESOLUTION NO. 2008 -41 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT SHARON KING TO THE HALDEMAN CREEK DREDGING MAINTENANCE ADVISORY COMMITTEE WHEREAS, Collier County Ordinance No. 2006 -60, establishing the Haldeman Creek MSTU and creating the Haldeman Creek Dredging Maintenance Advisory Committee, provides that the Committee is to 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 Haldeman Creek Dredging Maintenance Advisory Committee has provided the Board of County Commissioners with its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Sharon King, representing the Captains Cove area, meets the prerequisites for appointment and is hereby appointed to the Haldeman Creek Dredging Maintenance Advisory Committee to fulfill the remainder of the vacant term, said term to expire on March 13, 2009. This Resolution adopted after motion, second and majority vote. DATED: February 12, 2008 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .0 _ By: / DoJty C&rk TOM HENNING, thairman ft Was on1chair. s Approved as to form and CP:08- BCC -00407 Item# —fir Agenda lr - Date �/� Date Re" & ` +0% February 5, 2008 — 11:30 a.m.Conference Call Scott Teach, Robert Zachery and Sue Filson c Proposed questions for Andrea Sims, Waters- Oldani Executive Recruitment 1. In your January Memo to Sue Filson, you state that 27 attorneys applied as of Jan. 14 and that 18 questionnaires were sent. What process and criteria were used to eliminate the 9 attorneys from consideration? Answer: Criteria was used from commission input for the Brochure Municipal experience County Government experience Strong management skills both public and private sector FL Bar or strong management skills Caseload in Florida The combination of resumes and questionnaires that was submitted to the Board was comprised of all candidates that met the above criteria (also as reflected in the job postings) and timely submitted their materials. 2. Are the 6 resumes only in the book from the applicants that did not return the questionnaire? If not, where did they come from? Answer: Questionnaires not returned 3. There are a total of 19 resumes /questionnaires and resumes only in the book. Were there 19 questionnaires sent out and is the 18 a typo? Explain if needed. Answer: I think that is a typo but I will look at my notes and get back with you 4. There are 31 names on the Master List, where did the additional 4 names come from? Answer: Late applicants — after I did the review 5. What was the cut -off date for receiving resumes? Answer: January 17, 2008 d°-R a- - i a -o' Date: January 22, 2008 To: Board of Commissioners, Collier County Cc: Sue Filson, Executive Manager to the Board of County Commissioners From: Andrea Sims Waters- Oldani Executive Recruitment Subject: Status and Recommendation of the County Attorney Search This is to provide you an update on this very important search. We began recruiting for the position following our finalization of the advertising and brochure. Ads were placed in the following publications following your approval: • National Association of Counties (NACo) • Florida Association of Counties • Florida Bar Association • National Bar Association • Wall Street Journal • Innovation Groups • International Hispanic Network In addition, a direct marketing campaign was undertaken, with brochures mailed (hard copy and electronic) to 700+ attorneys, focusing on county and municipal attorneys in Florida and nationally. Direct calls were made to Florida County and City Attorney offices as well as to select offices across the country. In addition, select persons from Florida Trend Magazine's Florida Legal Elite were contacted. As a result, 27 attorneys applied for the position as of January 14, 2008. The resumes were reviewed and 18 were sent questionnaires to complete to gather more information on their background. Those that returned their questionnaires by January 22 "a are included in the books that were sent. In addition, 7 additional people applied for the position after the 17th, but after review of their resumes, they were not sent questionnaires. All questionnaires that have been returned along with the resumes are included, as well as all resumes for the position are included in the books sent for your review. We recommend that the following be moved forward as semifinalist candidates (alphabetized): aq�-4 91�' a -ta- oe 1. Elaine Asad 2. Maria Chairo 3. Gary Glassman 4. Michael Hunt 5. Jeffrey Klatzkow 6. Julia Lee 7. Raymond Rea 8. William Spillias 9. John Turner 10. David Weigel These candidates will be asked to prepare more written materials, be scheduled for an in- person interview with me, as well as complete our management assessment test in the coming weeks. I will then prepare a memo summarizing their pros and cons, and recommend up to five candidates as finalists for you to interview. At the time you interview the finalists, I will have the following prepared for you: • Final Profiles based on the entire interview process; • Their Accomplishments, Critical Problem Analysis, and Organization Chart; • References and Background Checks (Civil, Criminal, DMV, Lexus /Nexis, confirmation of degrees, completion of the bar, etc.); • Suggested Interview Questions. Please advise of any questions, comments or concerns. 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 he hand delivered to the Board Office. The completed routing slip and original documents are to he 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 exception of the Chairman's signature, draw a line through routine, lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date Contact appropriate. (Initial) Applicable) 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number n 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original = ) 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 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 BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Robert Bosch Phone Number 252 -5843 Contact appropriate. (Initial) Applicable) Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number n Appro vedb the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original = ) Attached �`' 'a Documents Attached INSTRUCTIONS & CHECKLIST I Forms/ County Forms/ BC( Forms/ Oir,anaI DOQImen15 RokilaW Slip wwS Original 9 .03 04. Revised 1 2f6 05_ Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC 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. 'C 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filsoa in the BCC office within 24 hours of BCC approval. Al i Some documents are time sensitive and require forwarding to Tallahassee within u certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on_!,. %. / ". r -_` (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I Forms/ County Forms/ BC( Forms/ Oir,anaI DOQImen15 RokilaW Slip wwS Original 9 .03 04. Revised 1 2f6 05_ Revised 2.24.05 , MEMORANDUM Date: August 11, 2008 To: Robert Bosch Right -of -Way Coordinator Transportation Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Partial Release of Conservation Easement Project #60073, Davis Blvd. Per your request you will find enclosed two originals of the document referenced above (Agenda Item #10A), adopted by the Board of County Commissioners on February 13, 2007. Please forward a copy back to the Minutes and Records Departments once all signatures are recieved. If you should have any questions, please call me at 252 -8411. Thank you. Enclosures ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED TO: £'T REQUEST FOR LEGAL SERVICES DATE: August 6, 2008 �l TO: Offic ey Att .: Ellen T. Chadw , Assistant County Attorney FROM: Robert Bosch, Right -of -Way Coordinator, TECMj/' =�Z �l RE: Partial Release of Conservation Easements — Davis Blvd. Project No. 60073 0 BACKGROUND OF REQUEST: Conservation Easements affecting Parcels 101FEE and 105FEE on the above project need to be partially released. Attached in duplicate are Partial Release of Conservation Easement documents for each parcel. These documents have already been reviewed by you. South Florida Water Management District requires these documents to be executed by the Board of County Commissioners first, and then submitted for consideration by SFWMD together with the RAI relating to the permits required for the project. This item HAS been previously submitted under R # 08- ECM -00872 (CIRCLE ONE) ACTION REQUESTED: 1) Please approve in duplicate the two attached Partial Release of Conservation Easement documents, and insert an appropriate date on the Chairman's signature line; 2) Please also sign off alongside numbered paragraph 1 of the bottom section of each Routing Slip. Thank you. 10A er County TRANSPORTATION DIVISION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT INTEROFFICE MEMORANDUM TO: Board Minutes and Records DATE: August 6, 2008 FROM: Robert Bosch, ROW Coordinator — TECM (Tel. 252 -5843) SUBJECT: Partial Release of Conservation Easements: Davis Blvd. Project No. 60073 Attached in duplicate are Partial Release of Conservation Easement documents, one set for Parcel 101FEE and the other for Parcel 105FEE in the above project. South Florida Water Management District requests the BCC execute these documents first. The executed documents will then be submitted to SFWMD for consideration along with the application for permits required for this project. Please arrange for execution in duplicate of these documents and return the original executed documents in duplicate for my attention to the Transportation ROW Department at 2885 S. Horseshoe Dr., Naples, FL 34104. Once SFWMD has executed the documents, the fully executed original documents will be returned to you. Thank you. 1QA Permit: Tract: C -1 Market Center PARTIAL RELEASE OF CONSERVATION EASEMENT This Partial Release of Conservation Easement ( "Partial Release ") is made this day of , 2008 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, RANDALL BENDERSON AND DAVID H. BALDAUF, as Trustees under Trust Agreement dated December 29, 1995, known as the Ronald Benderson 1995 Trust, as tenants in common with an undivided 85% interest, and WR -I Associates, Ltd., a Florida limited partnership, as tenants in common with an undivided 15% interest, granted in favor of the District, that certain Deed of Conservation Easement dated April 19, 2003 and recorded in Official Record Book 3270 at Page 1801 et seq., as amended by Affidavit dated July 16, 2003 recorded in Official Record Book 3348 at Page 796 et seq., all of the Public Records of Collier 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, terminate 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 of Conservation Easement to be executed in its name and its official seal affixed hereto by , Chairperson, and attested by its District Clerk, this day of , 2008. SOUTH FLORIDA WATER MANAGEMENT DISTRICT Chairperson (Corporate Seal) ATTEST: District Clerk STATE OF FLORIDA COUNTY OF W The foregoing instrument was acknowledged before me this day of , 2008 by , 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 me. AS TO OWNER: DA :' . O F 7�li: ,ATTEST: DWIGHT E. BROOK, CLERK 4: tx, t44, o'4 Dewtytclerk Approved as to form and legaa �sufficiency: Ellen T. Chadwell Assistant County Attorney Notary Public Print My Commission Expires: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 6y: Tom Henning, Chairman 10/1 ..YM..LNMnUl - ..I.ian,_ t t 4,3211>1 INS A RSe® IxNwr �Ra t ^a6C '. �s�i }. a 2❑ iE ;11 CO1m1YATM G6B@R I IF wRIrYMT Sl9EeH(ra NMLEt OMM COLNIC. 6LORDA .. FA. Is ! 1T i❑ LEGAL DESCRIPTION (BY SURVEYOR) ALL THAT CERTAIN Ka. HARM M TRACT OF LAIq YNAIE. LY AND SONG 1N SwcYvN S TpW4SAAP SO SO111L RMCE 21 (AST. C R CNNTY ROROA SAO IAN) 110 KW. A'CAPON M GIMA CAI( .1 1, AS RECOM(0 W P4r BOOK 1, FACE ., .TC A PwtTW OF CAPM CAM WT 1, AS RCCMp[) W RAT ICON 1, PACE 14, C0.VER COINTY IGVUC RECOID5, SCIAC NAME PA!nMAKY KSCRm(O AS FOLLOWS TO MT. CNYENCIxO FOR R[1EIIDIa AT ME HOIn(A51 CCRNUL OF SAIO SECTION 5. YOMM1 50 SCUM, !Ma 26 EAST: IN,,a KAR1K SCRIM 0050'52' TCSL ALaG M[ EAST LVIE U "N( NORMEASI I;. OF SAO Sa" J, A USIAKE CF 15102 MIT TO A ANSIt. YNENCE. B(ARXG NORM SIl I'21' WEST. 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THENCE KARNC WIN K'29S4' WEST, A MSTMCE K 4,CO FEET TO A PONI, SAID "I KINC ME KOF/RAO a A MN_tAMG[NT CURw CONEAw SW M(ASRALV, ANO HAw1C A R CNgO LENGTH OF 101.34 MET KAANC SWM )lV0' R �l M CNa S FOSTC. 0I I AlORG ME MC C! SAq NRK MP a A NCN- rANGMCY: SQIM 26voW CAST. Al .00 MET TO A PONT: KING MI KOMWK, OF A NON_T CNC.w ]W1KASl(PLY, M NO A RAONI OF' 3.1400 MI. A C.OIO M a 723 far I(mRAC 10) S M MW(SRAL TANG Tf .13 FEET I IN uc O! S. CvWw M ON ANCL A PONT -T MCY; _.. _ —__- _.____. _. ___ __. (NCC, 6[AMNO VI E' 0[57 I ]TANK OF J 6.10 r TO 1 PONT. G 96' S RE TO A PONT. M S M .5 A M . 3 FCC TO I PONT ; K (N M M 61'315 S ( !] 6 FEET TO A IONT: [ K M 4 'J T, A OCT .4 6 [ !O I PONY. `vim, PAOVS OF 1(0.00FEET. 1 OMp M OF I fC C MpM 22'' R' K1T. Ma, Np "my A OSTMa Or 20 FEET A SAM CMA TIROY(PI ENRN MCLE OF 0"30, TO A 0 ' .NR1AI C. IMMO NORM MIT SIT US . A CF 1 ET TO A PONT. 'r KANNO MEN 89'.1 "r EAST. A M FEET TO A PONT. N 0 WIN p0'16'IT WEST. A VSTA IMF TO A PONT; M TH 01-41'.7" CAST. 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KAWp SAID "I OF WAY NK. 61EARNG SLAM 0'1151' WEST, A OSTANCC of 111.44 MIT TO A PONE NtNa AEAMVG SO1M 11'4151' CAST, I V-SIANa CF 16615 FCIT TO PE '"I EY KONIPAC' W�r� A �.ir� �Ia �4Y M IF(IASES CONIAIN 617,556! SWING FMl Cl 10 605 ACRES W.W'IP. WW �AW.'WI W.'RWI. $XCr TO 4A EAxYwn. KSTRKNNS MD COSNTICWS AS W ME CNAN a FILEAARI. F Y rY WA .—Z=`W 1) Nm .6. t t 4,3211>1 INS A RSe® IxNwr �Ra t ^a6C '. �s�i }. a 2❑ iE ;11 CO1m1YATM G6B@R I IF wRIrYMT Sl9EeH(ra NMLEt OMM COLNIC. 6LORDA .. FA. Is ! 1T i❑ 1vrygNSNR!C�ytAn,fTtMOr1.M�YJe�F11M6 a�W�JWm p TYa 0 s A R[[W1MI IMMtltrrgNtN Cw Arwxp. ngN aRr.tp NIX n Upg t MKS. ]I MIII N NIIAA Q 11[ K1{(O YN OI1lYN Y!T MAK NP M11R1 W Qrrr .OWIStlI MNU][]. OATOK OAT[ KL AT aooKT, #A Of f GRAPHIC SCALE :m� ( IN FELT ) L ineh • 200 (l. COLLIER OOULEYARO(CA No. 971 IVAI]11 WRIT* II.YT 1I VAr] O I zip Or IT NO TE AT FAN ,'OF ITNAVLA T I �1 (I° I io 1= a V It e , y,O c 4,1 1 � ., woOei� sphOlN � It Pea y w FluiolliN = IN h wwv � wsi I n O PDX wic a on y W • glTa ►•r rl r. ..wnl.I. > i 0 ` y r � a I M11eNA1kY1 M6wlR] {Psi j mm K"m 4XII.00. tlWlC �v�"W y Up IO• i p•IIAN' .° a :wTI nN r Mll'iri Y_IIrWY •Ire °TaU r��� AN�lUY r !. M1 . GRAPHIC SCALE :m� ( IN FELT ) L ineh • 200 (l. COLLIER OOULEYARO(CA No. 971 IVAI]11 WRIT* II.YT 1I VAr] O I zip Or IT NO TE AT FAN ,'OF ITNAVLA T I �1 (I° I io 1= a V It e , y,O c 4,1 1 � ., woOei� sphOlN � It Pea y w FluiolliN = IN h wwv � wsi I n O PDX wic a on y W • glTa ►•r rl r. ..wnl.I. > i 0 ` y r � a I M11eNA1kY1 M6wlR] {Psi j mm K"m 4XII.00. tlWlC W 1 � at 7 EXHIBIT Page .� d 411 :►, r..rll fillun itE�`� F I I° <r r ��o ilt o o �c r +n a so ;moo ' a 1•z ■e, ' =u four& -pf& spit% Page 1 DAVIS •O ULEVAHD (8N N¢ 44) wTw wr�—Wmarii ii -_- .VVL•tVI•.V 61461 o I V,T, Ir a Y� i r • OY 00 �1 • V Ib Ib �A M i aswaw�M�� waif �aouwafwrt�aw TIIfe$ 9 R EXHIBIT P Pap_.L Of 2 FEE SIMPLE PARCEL 105FEE INTEREST That portion of Tract C -1, Market Center, a subdivision in Section 3, Township 50 South, Range 26 East, as per plat thereof recorded in Plat Book 41, Page 60, Public Records of Collier County, Florida. Being described as follows: Commence at the northeast corner of said Section 3, said point lying on the survey base line of State Road 84 (Davis Blvd.); thence along said survey base line and the north line of said Section 3, North 89 143123" West a distance of 1,119.07 feet; thence leaving said survey base line and said north line South 00 028'45" West a distance of 50.00 feet to the south existing right of way line of said State Road 84 (per Section 03506 -2601) for a POINT OF BEGINNING; thence along the east line of said Market Center, South 00 028'45" West a distance of 50.00 feet; thence leaving said east line North 89 143'23" West a distance of 609.45 feet to the easterly line of Lot 3, Market Center (per said plat); thence along said easterly line North 30 041'22" West a distance of 58.31 feet to said south existing right of way line; thence leaving said easterly line run along said south existing right of way line South 89 043123" East a distance of 639.63 feet to the POINT OF BEGINNING. Containing 31,227 square feet. Iff FEE SIMPLE INTEREST DAVIS BOULEVARD TRACT C -1 MARKET CENTER 104 EXHIBIT R Page O 2 Title: PARCEL 105FEE l Date: 01 -11 -2008 I Scale: 1 inch= 100 feet I File: Davis 105FEE.des I Tract 1: 0.717 Acres: 31227 Sq Feet: Closure = n56.0500w 0.00 Feet: Precision >1/999999: Perimeter =1357 Feet 001= s00.2845w 50.00 002-- n89.4323w 609.45 003= 00.4122w 58.31 004= s89.4323e 639.63 1QA Tract: C -1 Market Center PARTIAL RELEASE OF CONSERVATION EASEMENT This Partial Release 2f008 Conservation hSOUTH 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, RANDALL BENDERSON AND DAVID H. BALDAUF, as Trustees under Trust Agreement dated December 29, 1995, known as the Ronald Benderson 1995 Trust, as tenants in common with an undivided 85% interest, and WR -1 Associates, Ltd., a Florida limited partnership, as tenants in common with an undivided 15% interest, granted in favor of the District, that certain Deed of Conservation Easement dated April 19, 2003 and recorded in Official Record Book 3270 at Page 1801 et seq., as amended by Affidavit dated July 16, 2003 recorded in Official Record Book 3348 at Page 796 et seq., all of the Public Records of Collier 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, terminate 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 of Conservation Easement to be executed in its name and its official seal affixed D' t t Clerk this hereto by , Chairperson, and attested by its is r c day of , 2008. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI1 6 A 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 #1 through #4 as appropriate for additional signatures, dates, and/or information needed. tribe document is already complete with the exce tion of the Chairman's si nature, draw a line throu h routin lines # 1 throu h #4 I t h h Route to Addressee(s) eom e e t e c eckhst, and Office forward to Sue Filson Initials true #5). Date List in routinii order 01401 .0 d (aL tav �% (Initial) K 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number Approved b the BCC rCS nW1,� 'a/l 13 69 2. by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 3. (t dt� Documents Attached I 4. contracts, agreements, etc. that have been fully executed by all parties except the BCC 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 BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact 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 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number N/A (Not Contact 01401 .0 d (aL tav �% (Initial) K Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number Approved b the BCC t Z �, 4 Type of Document Attached by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original (t dt� Documents Attached I INSTRECTIONC x, C twit -Wl rc-r C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the 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 Office and all other parties exce t the BCC Chairman and the Clerk to the Board u 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si gnal ure 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. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes N/A is not made during the meeting have been incorporat d i the attached document. The an option for Count Attorney's Office has reviewed the changes, if applicable. line 6. C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1 • RESOLUTION NO. 08- 35 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN MAJORS — PHASE ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 40, PAGES 71 THROUGH 74; RELEASE OF THE MAINTENANCE SECURITY; THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS SHALL BE BY THE MAJORS HOMEOWNERS' ASSOCIATION, AND LELY COMMUNITY DEVELOPMENT DISTRICT RESPECTIVELY WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 11, 2003 approved the plat of Majors — Phase One for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering and Environmental Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Majors — Phase One , pursuant to the plat thereof recorded in Plat Book 40, pages 71 through 74, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Majors Homeowners' Association and Lely Community Development District This Resolution adopted after motion, second and majority vote favoring same, this Jail' day of 61brt4mA 2008. DATE:^'{!i "fig ATTEST: DWIGHT E. BROCK, CLERK AttMt ., to e Iii s Iigoatwe and Approved as to form and legal suff to cy: w Jef. . right AssA4&nt Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM ING, CHAIRMA tern # dz� Agenda Date Date a_13_pg Recd b ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents 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 exception of the Chairman's signature draw a line throu h routin lines #I th h #4 Route to Addressee(s) List in routing order) rou , cont lete the checklist, and Office forward to Sue Filson Initials line #5). Date 1. appropriate. Original document has been signed/initialed for legal sufficiency. (All documents to be Initial) I; 1; 2. signed by the Chairman, with the exception of most letters, must be reviewed and signed Agenda Item Number 3. Z lZid, $ I 4. fX' Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached I 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 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 he delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number N/A (Not Contact appropriate. Original document has been signed/initialed for legal sufficiency. (All documents to be Initial) I; 1; Agenda Date Item was was signed by the Chairman, with the exception of most letters, must be reviewed and signed Agenda Item Number Approved b the Z lZid, $ I Type of Document fX' Number of Original Attached -11014 Documents Attached I 1NQTR1Td -TUINC R. !`ulprrer rem C Forms/ County Forms/ 13CC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not I. appropriate. Original document has been signed/initialed for legal sufficiency. (All documents to be Initial) Applicable) 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 2ossibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the (late of BCC approval of the document or the final negotiated contract date whichever is a22licable. 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. 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 a (enter date) and all changes N/A is not made during the meeting have been incorpora ed to the attached document. The an option for County Attorney's Office has reviewed the changes, if applicable. line 6. C Forms/ County Forms/ 13CC Forms / Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 16A5 RESOLUTION NO. 08- 36 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN MAJORS — PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 41, PAGES 82 THROUGH 86; RELEASE OF THE MAINTENANCE SECURITY; THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS SHALL BE BY THE MAJORS HOMEOWNERS' ASSOCIATION, AND LELY COMMUNITY DEVELOPMENT DISTRICT RESPECTIVELY WHEREAS, the Board of County Commissioners of Collier County, Florida, on January 27, 2004 approved the plat of Majors — Phase Two for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering and Environmental Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Majors — Phase Two, pursuant to the plat thereof recorded in Plat Book 41, pages 82 through 86, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Majors Homeowners' Association and Lely Community Development District This Resolution adopted after motion, second and majority vote favoring same, this I;&1 day of R"Ad4 , 2008. DATE: c9 —1—� ATTEST: DWIGHT E. BROOK, CLERK •C, AEt"t 43 to "IeFk ii9Mt�n a1 « Approved as to form and legal sufficiency: Jef E Wright Ass ant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOWMIMNU,-CHAIR1117 item # —L Agendaa �1-a Date �Q Date �—►3 W Recd ORIGINAL DOCUMENTS CHECKLIST & ROUTING sr" A y TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO y 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 som,eu a dmw a c„a rt,.,.,,,,t, .,....:.,,, r_-, «, .v — _ __ .. . _ Route to Addressee(s) ._ ..... ...._..„......,,. „mt,,,,,,,,,ow uw amcreusr, an Office torwaro to sue Filson Initials ((line #5). Date List in muting order , (Initial) Applicable) 1. signed by the Chairman, with the exception of most letters, must be reviewed and signed Agenda Item Number MAI �SG�nlltli ra ' a Jd a8 2. � j ..rte �E l.0 l Number of Original 3. f V J Documents Attached t 4. Chairman and Clerk to the Board and possibly State Officials.) 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office l 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 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 Contact Initial the Yes column or mark "N /A” in the Not Applicable column, whichever is Phone Number N/A (Not I. , (Initial) Applicable) Agenda Date Item was signed by the Chairman, with the exception of most letters, must be reviewed and signed Agenda Item Number Approved b the BCC 2 t p$ f i+' A (y Type of Document Attached � j ..rte �E l.0 l Number of Original f V J Documents Attached t INSTRUCTIONR R, culwi wi ic-r C Forms/ County Forms/ 13CC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2,24 05 Initial the Yes column or mark "N /A” in the Not Applicable column, whichever is Yes N/A (Not I. a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attomey's Office and all other parties except the BCC Chairman and the Clerk to the Board l 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature 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. Some documents are time sensitive and require forwarding to Tallahassee within a certain VZ time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on (enter date) and all changes N/A is not made during the meeting have been incorporated in the attached document. The an option for County- oun Attorne 's Office has reviewed the changes, if applicable. line 6. C Forms/ County Forms/ 13CC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2,24 05 16A6 RESOLUTION NO. 08- 37 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN MAJORS — PHASE THREE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 41, PAGES 87 THROUGH 88; RELEASE OF THE MAINTENANCE SECURITY; THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS SHALL BE BY THE MAJORS HOMEOWNERS' ASSOCIATION, AND LELY COMMUNITY DEVELOPMENT DISTRICT RESPECTIVELY WHEREAS, the Board of County Commissioners of Collier County, Florida, on January 27, 2004 approved the plat of Majors — Phase Three for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering and Environmental Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Majors — Phase Three, pursuant to the plat thereof recorded in Plat Book 41, pages 87 through 88, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Majors Homeowners' Association and Lely Community Development District This Resolution adopted after motion, second and majority vote favoring same, this 3 +n day of 12008. DATE: ATTEST: DWIGHT E. BROCK, CLERK '. OJ—L t l Al pinL9A. A -C-- p to pr q".' ° "" s t only Approved as to form and legal sufficiency: Je E. r ht Ass t Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: _ TOM H$NNIN , CHAIRMA Item # lam' Agenda a-1 a 1.(/ Date �D Date a13�0 Recd ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL R A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO �a(( 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 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 throng routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. CAES Kkdm nts Initial) a�3 0 2. Original document has been signed /initialed for legal sufficiency. (All documents to be 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed Approved b the BCC Z 4. 0% 16-.4- d 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original 6. Minutes and Records Clerk of Court's Office Documents Attached 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 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 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number N/A (Not Contact JOIItij Initial) Applicable) Agenda Date Item was Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Item Number signed by the Chairman, with the exception of most letters, must be reviewed and signed Approved b the BCC Z (1 ZL 0% 16-.4- d Type of Document resolutions, etc. signed by the County Attorney's Office and signature pages from Number of Original Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applicable) L Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC 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. rt „ 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 Qj 121 Olt (enter date) and all changes N/A is not made during the meeting have been inci , rated in the attached document. The an option for County Attorney's Office has reviewed the changes, if applicable. I line 6. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 08- 38 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN MEDITERRA PARCEL 100, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 34, PAGES 1 THROUGH 2; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE MEDITERRA COMMUNITY ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 22, 2000 approved the plat of Mediterra Parcel 100 for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering and Environmental Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Mediterra Parcel 100, pursuant to the plat thereof recorded in Plat Book 34, pages 1 through 2, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Mediterra Community Association. This Resolution adopted after motion, second and majority vote favoring same, this I d ►h day of Fihr 2008. DATE: 0—IL-t-260% ATTEST: DWIGHT E. BROCK, CLERK thMt�;, o�i Approved as to form and legal sum Jeff nght Assi nt Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA C Item # Llea Agenda -tad Date Date Recd a ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 " + TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents sl'rould he hand delivered to the Board Office- The completed routing slip and otiginaI 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 sienatm'e. draw a lint- thrn l, el 11 ,... .. ...............,1 Route to Addressee(s) (List in routing order) ..,,, cc, is., alr,- Office Warr ur ouc n ison Initials time u_il. Date 1. Original document has been signed /initialed for legal sufficiency (All documents to be signed by the (Initial) SRT A licable) 2. 2/12/08 Agenda Item Number 16B (1) 3. County Attorney, This includes signature pages from ordinances, resolutions, etc. signed by the 4. Scott R. Teach, Managing Assistant County Attorney County Attorney Number of Original 2/12/08 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office 7. Scott R. Teach, Managing Assistant County Attorney County Attorney N/A 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 of the addmssees above, including Sue Filson, need to contact staff for additional orr missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC off ice only after the BCC has acted to approve the them.) Name of Primary Staff Sue Faulkner Phone Number (239) 252 -5889 Contact Original document has been signed /initialed for legal sufficiency (All documents to be signed by the (Initial) SRT A licable) Agenda Date Item was 2/12/08 Agenda Item Number 16B (1) Approved by the BCC County Attorney, This includes signature pages from ordinances, resolutions, etc. signed by the Type of Document Resolution and Agreement �J Number of Original (3) Three Attached UO' Documents Attached INSTRUCTIONS R, if-IMU 'ICT rrr 1: Forms / County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9 0 04, Revised 1.26.05, Revised 2.24.05 ,,matter number) /,,document number„ Initial the Yes column or mark `N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not L Original document has been signed /initialed for legal sufficiency (All documents to be signed by the (Initial) SRT A licable) Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and N/A all other 2arties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or SRT the final ne otiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and SRT initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be N/A 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 it certain time fiame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on February 12, 2008 and all changes made during SRT the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 7. Please record and return [h ree ezecutcd unction document s to Scott R. Teach, Managing ACA I SRT 1: Forms / County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9 0 04, Revised 1.26.05, Revised 2.24.05 ,,matter number) /,,document number„ 16B1 MEMORANDUM Date: February 14, 2008 To: Scott Teach Assistant County Attorney From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Resolution 2008 -39 Attached please find two original copies of Resolution 2008 -39, referenced above (Agenda Item 16131), which was adopted by the Board of County Commissioners on Tuesday, February 12, 2008. The remaining original Resolution will be held in the Minutes & Records Department to be kept as part of the Board's permanent record. I have also sent a copy to Ms. Faulkner in ATM. If you should have any questions, please contact me 252 -8406. Thank you. Attachments (2) 1661 MEMORANDUM Date: February 14, 2008 To: Sue Faulkner, Principal Planner Alternative Transportation From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Resolution 2008 -39 Attached is a copy of the above referenced document, adopted by the Board of County Commissioners on Tuesday, February 14, 2008, as Item #16D23. The Minutes & Records Deaprtment has retained an original document for the Board's Official Records. I have sent the remaining two original Resolutions to Scott Teach in the County Attorney's Office If you should have any questions, please contact me at 252 -8406. Thank you. Attachment RESOLUTION 2008 - 39 A RESOLUTION BY THE BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE PARATRANSIT OPERATOR SELECTED BY McDONALD TRANSIT MANAGEMENT, INC., OPERATING AS COLLIER TRANSIT MANAGEMENT, INC., d/b /a COLLIER AREA TRANSIT ("CAT") PURSUANT TO ITS AGREEMENT WITH COLLIER COUNTY. WHEREAS, McDonald Transit Management, Inc., operating as Collier Transit Management, Inc., d/b /a Collier Area Transit ( "CAT ") has heretofore entered into an Agreement with Collier County, Florida to provide paratransit operators to perform paratransit services within Collier County, Florida; and WHEREAS, CAT has previously selected a list of six (6) such paratransit operators, namely: TLC Medical Transport, Inc., Caring for Kids, Miguel Bueno (Liberty Transportation), Fierce Transportation, New Pelican Transportation Services, Inc., and Gustavo CarranzA d/b /a SNL Non Emergency, LLC; and WHEREAS, CAT has now selected an additional paratransit operator, First Choice Transport, Inc., to provide paratransit service; and WHEREAS, County staff has reviewed the paratransit operator, First Choice Transport, Inc., selected by CAT and has established that the individual or entity is properly registered with the Florida Division of Corporations and maintains the appropriate level of liability insurance as required under the Agreement, and that County staff recommends that the Board approve First Choice Transport, Inc.; and WHEREAS, said Agreement requires that the Board approve any such paratransit operators in writing prior to their doing business under the Agreement; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Collier County Board of Commissioners hereby approves First Choice Transport, Inc. selected by CAT to perform paratransit services in Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this 12th day of _February 2008. Page 1 of 2 ATTEST: DWIGHT E. BROCK, Clerk of Courts B 0 IlyClerk C $140we all, Approved as to form and legal Suff 'ency 2i��� L Sc . Teach,Managing Assistant County Attorney 1681 BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY FLORIDA By: TOM HENNING, Chairman Page 2 of 2 Item # I (AL Agenda Date Date Z,13 -e2 Recd 1661 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY CONTRACT BETWEEN COLLIER TRANSIT MANAGEMENT, INC. 2901 COUNTY BARN ROAD NAPLES, FL 34112 AND FIRST CHOICE TRANSPORT, INC., 4300 PINE RIDGE ROAD NAPLES FL 34119 Provision of Paratransit Services This Contract, made and entered into this 25`h day of January, 2008, by and between the COLLIER TRANSIT MANAGEMENT, INC, a corporation in the State of Florida, doing business as Collier Area Transit (CAT), after this called "CAT," and First Choice Transport, Inc., after this called "Contractor". WHEREAS, CAT desires to retain the services of competent and qualified Contractors to provide Supplemental Paratransit Services, and WHEREAS, CAT has propounded Request for Proposal and has received responses from various potential Contractors; WHEREAS, the Contractor is competent and qualified to furnish services to CAT and has provided a responsive and responsible proposal, associated with said solicitation, and desires to provide professional services according to the terms and conditions stated herein. Now, therefore, in consideration of the mutual covenants, agreements and considerations contained herein, CAT and Contractor agree as hereinafter set forth: SECTION 1: For this Provision of Paratransit Services Contract, after this called "Contract," the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the fixture, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 1 OF 32 16E1 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY 1.1 Contract: The Contract is this document, including all Exhibits and any written amendments, all of which are incorporated to the Contract by reference. 1.2 Contractor: The Contractor is that person or entity, including employees, servants, partners, principals, agents and assignees of the person or entity that has obtained from CAT contract to provide the services set forth herein. Contractor Project Manager: The Contractor's Project Manager has the responsibility for administering this contract for the Contractor and has been identified as 1.3 CAT: The word CAT refers to the Collier Transit Management, Inc, doing business as CAT. 1.4 CAT Contract Administrator: The General Manager of Collier Area Transit shall serve as the Contract Administrator. The primary responsibilities of the Contract Administrator are to coordinate and communicate with the Contractor and to oversee the management, execution and completion of the Scope of Work and the other terms and conditions of this Contract as set forth herein. In the administration of this Contract, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator. 1.5 CAT Proiect Manager: CAT's Project Manager shall mean the General Manager of Collier Area Transit, or his / her designee. The primary responsibilities of the County's Project Manager are to coordinate and communicate with the Contractor and to manage and supervise the execution and completion of the Scope of Work in accordance with the other terms and conditions of this Contract. 1.6 Day: The word "day" means each calendar day or accumulation of calendar days. 1.8 Paratransit: Transportation of the transportation disadvantaged. 1.9 Person or Persons: Person or Persons shall mean an individual, firm, partnership, corporation, association, executor, administrator, trustee or other legal entity, whether singular or plural, masculine or feminine, as the context may require. 1.10 Price Agreement: The resulting payment vehicle that will be issued to the awarded Contractor(s). The dollar value of this Contract shall not exceed the stated dollar value for which the Price Agreement is issued without a written change order issued by CAT. 1.11 Respondent: The business organization providing the services requested by CAT, who submitted a successful response to the RFP. This term may be used synonymously with the term Contractor. 2 OF 32 1601 # COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY 1.12 Request for Proposal: The RFP is the document issued by CAT requesting proposals for the provision of Paratransit Service. 1.13 Collier Area Transit's Paratransit Program: A paratransit to shared ride, door to door transportation provided to qualified individuals based on 24 hours advanced reservation. SECTION 2: CONTRACTOR AS AN INDEPENDENT CONTRACTOR A. The Contractor shall provide the services required herein strictly under a contractual relationship with CAT and is not, nor shall be, construed to be an agent or employee of CAT. As an independent Contractor, the Contractor shall pay any and all applicable taxes required by law. The Contractor shall comply with all pertinent Federal, State, and local statutes including, but not limited to, the Fair Labor Standards Act, The Americans with Disabilities Act, the Federal Civil Rights Act, and any and all relevant employment laws. The Contractor shall be responsible for all income tax, social security and Medicare taxes, Federal unemployment taxes, and any other withholdings from its employees' or subcontractors' wages or salaries. Benefits, if any, shall be the responsibility of the Contractor including, but not limited to, health and life insurance, retirement, liability /risk coverage, and workers' and unemployment compensation. B. The Contractor shall hire, compensate, supervise, and terminate members of its work force; shall direct and control the manner in which work is performed including conditions under which individuals will be assigned duties, how individuals will report, and the hours individuals will perform. C. CAT shall file and provide the Contractor a copy of Internal Revenue Service (IRS) Form 1099 -MISC after the close of the calendar year. D. CAT will not provide any space, or facility, the Contractor to perform any of the duties required by the Contract. Nor will CAT pay for any business, travel, office, or training expense or any other contract performance expense not specifically set forth in the scope of work. E. The Contractor shall not be exclusively bound to CAT and may provide service to other private and public entities as long as the service is not in direct conflict and does not provide a conflict of interest with the service to be performed for CAT's Paratransit Program. F. By signing this Contract, the Contractor certifies that he /she is not an employee of CAT. If the Contractor accepts any employment with CAT, this Contract shall automatically terminate on the date the Contractor becomes a CAT employee. 3 OF 32 1661 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY SECTION 3: TERM Subject to the termination and nonappropriation provisions contained in this Contract, the term of this Contract shall be for the period beginning October 1, 2007 and ending September 30, 2008. Subject to CAT approval, two one -year renewals are permissible under the same terms and conditions with mutual written agreement between CAT and the Contractor. SECTION 4: SCOPE OF SERVICES PROVIDED BY THE CONTRACTOR 4.1 Overview The Contractor shall provide services under this Contract in accordance with Request for Proposal specifically set forth in this Article 4 and in accordance with the solicitation documents including the Request for Proposal Exhibits I, and the Contractor's response, except to the extent such response conflicts with the terms of the RFP and /or the terms of this Contract. In the event of such a conflict, the provisions of this Contract shall be controlling. Request for Proposal and the response are attached hereto as Exhibit "I" respectively, which are incorporated herein by reference, except as noted in this Section 4. 4.2 SCOPE OF SERVICES AS DETAILED IN EXHIBIT I OF THE REQUEST FOR PROPOSAL 4.3 SCOPE OF SERVICES AS DETAILED IN EXHIBIT I OF THE REQUEST FOR PROPOSAL Collier Area Transit reserves the right to deduct liquated damages solely at our discretion for any violations of performance standards. Collier Area Transit does not guarantee any subcontractor will be leased Collier County vehicles. This procurement will be made on a fixed fee basis to the Contractor, as detailed below. Stretcher Trips: Firm must provide trips using their vehicles, personnel, stretcher, and supervision. Trip Rate is paid at: $27.56 plus $1.59 /mile 4 OF 32 1661 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY Vehicle does not need to be restricted to use by Collier Area Transit trips, nor does vehicle need special signage. Proof of insurance must be included in each vehicle. Group Trips Firm must provide trips using their vehicles, personnel and supervision. Trip Rate is paid at: $13.25 ambulatory; $26.50 wheelchair Vehicle does not need to be restricted to use by Collier Area Transit trips, nor does vehicle need special signage. Proof of insurance must be included in each vehicle. High Volume Daily Trips - County Vehicles Firm must provide trips using their personnel and supervision. Trip Rate is paid at: $16.17 ambulatory, individual $26.50 wheelchair, individual $13.25 ambulatory, group $26.50 wheelchair, group County vehicle is provided (including fuel and maintenance). There is no maximum, but twenty (20 trips per day vehicle must be served on average or vehicles will be re- assigned. Re- assignment issues will be reviewed weekly. The County vehicles are restricted to Collier Area Transit trip assignments. Proof of insurance must be included in each vehicle. Other Rates Escort rates 5.00 Out of Area Trips $10.60 plus $1.59 /mile The number of trips and type of service identified in the scope of work were supplied as a starting point on which to base the proposal. This information did not represent actual quantities or guarantee of service levels to be contracted. This procurement will be made on a fixed fee basis to the number of qualified respondents deemed appropriate to be cost effective, efficient and in the best interest of CAT acting as the designated Community Transportation Coordinator (CTC). 5 OF 32 1661 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY The number of trips and type of service identified in the scope of work are being supplied as a starting point on which to base the proposal. This information should not be construed as representing actual quantities or guarantee of service levels to be contracted. When reference is made to transportation- disadvantaged trips, it will be inclusive of all paratransit services regardless of funding source or whether it is a sponsored or non - sponsored trip. 4.3 SERVICE AREA Paratransit services are provided within all areas of Collier County, which includes the greater Naples area, Golden Gate Estates, Golden Gate City, Immokalee, and other rural areas. CATS Project Manager shall determine the service area to be covered by the Contractor and shall communicate said area prior to execution of this Contract. Changes in the coverage areas shall not require an amendment to this Contract. Out -of -area trips are currently provided only to those customers who are approved by Medicaid for this service. Common out -of -area destinations include Miami and Tampa. For the purposes of this Contract, allocation of trips outside the service area will be negotiated with the successful contractors and, as the coverage area, may change without requiring amendment to this Contract. 4.4 CAT'S FIXED ROUTE SERVICE A. CAT operates the public transportation service in Collier County. B. CAT's goal is to offer fixed route service as the first option to transport disadvantaged customers. This will insure the more costly paratransit service is available for those persons who truly need door -to -door service. 4.5 PARATRANSIT SERVICE LEVELS A. Based on ridership figures, it is projected the average number of trip per day is 450. CAT will contract to a number of private operators. However, CAT may directly provide more or less service depending on circumstances and nothing contained in this Contract shall be construed as a guarantee of any minimum number of trips to the Contractor. B. CAT has determined a partial- brokered system with multiple operators will best serve the needs of Collier County's transportation disadvantaged population. A minimum of three Contractors will be selected from this solicitation. CAT 6 OF 32 • i COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY reserves the right to add contract operators if it is determined the transportation needs are not being met in a timely manner with the existing contracted operator network. In addition, CAT reserves the right to contract with taxi service providers to accommodate trips which cannot be advance scheduled on the shared ride system, such as same day trips, return trip call backs, holidays and after hours trips with the exception of wheelchair and stretcher requests. C. Manifests will include passenger's registration number, the passenger's name, the location of each passenger's pick -up and drop -off point, whether the passenger travels using a wheelchair, whether the passenger travels with a companion or personal care attendant, and any special circumstances or requirements pertaining to the passenger such as stretcher van service. The manifest will include the type of service requested. D. CAT is currently promulgating rules to govern the general operation of wheelchair and stretcher van service. The information is published as Collier Area Transit's Transportation Disadvantaged User Guide. 4.6 OPERATING SCHEDULE The Contractor shall have the ability to provide service 24 hours a day and on holidays, when necessary. CAT is closed on Christmas, New Years Day, and Thanksgiving. CAT reserves the right to modify this requirement. The Contractor agrees to work with CAT and the County's Emergency Management Division during times of a local declaration of emergency to assist with the transportation of special needs residents. 4.7 CHANGES IN SERVICE CAT reserves the right, at any time by written order, to make changes within the general scope of the Contract regarding the services to be performed, so long as the changes do not have substantial effect on the contract operators cost of providing the service. Such changes may include, but are not limited to, record keeping/reporting requirements, federal and state legislative action, and additional driver training and operational policy changes. If the required change would have a substantial effect on the cost of operations, an equitable adjustment in the rates of compensation may be negotiated. In addition, Contractor agrees to work with CAT and the County's Emergency Management Division during times of a local declaration of emergency to assist with the transportation of special needs residents. 4.8 TRIP RESERVATIONS AND SCHEDULING 7 OF 32 1661 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY A. CAT will accept trip requests up to 2:00 p.m. the day before travel. Therefore, some manifests may not be transmitted to the Contractor the evening before service is required. B. Manifests will include passenger's registration number, the passenger's name, the location of each passenger's pick -up and drop -off point, whether the passenger travels using a wheelchair, whether the passenger travels with a companion or personal care attendant, and any special circumstances or requirements pertaining to the passenger, such as stretcher van service. The manifest shall also include the type of service requested. C. Some trips may be added on during the same service day, if schedules permit. Trips added on will be transmitted either by phone or by radio to the Contractor's dispatcher. Trips cancelled prior to service will be handled in the same manner as add -ons. In the event of a no -show, the Contractor's dispatcher shall notify CAT dispatcher immediately. A log shall be maintained to document add -ons, cancellations, and no -shows each day. D. Allocations of trips will be based on Contractor's equipment, capacity and geographic location for most effective scheduling. 4.9 WILL -CALL RETURNS Some return trips cannot be accurately pre- scheduled. A portion of these will -call returns will be transmitted by phone or radio to the Contractor's dispatcher to insert in their previously transmitted manifests, or taxi service may be used at the discretion of CAT dispatcher. 4.10 MONITORING AND SUPERVISION The Contractor shall be responsible for monitoring and supervising street service and informing CAT dispatcher of service delays and assistance needed to ensure that the schedule is maintained. The Contractor shall be responsible for dispatching or arranging for back -up vehicles, road service calls, towing and other driver supervisory services as needed. The Contractor shall be responsible to coordinate dispatching, or arranging for backup vehicles, road service calls towing, and other driver supervisory services as needed through CAT's Project Manager. Documentation of these occurrences shall be maintained on a dispatcher's log and submitted monthly with the performance log. 4.11 PERFORMANCE LOG 8 OF 32 1691,, COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY The Contractors shall maintain a log with information on safety concerns, passenger complaints, passenger behavior problems and any other activity reasonably required as an operations record. The Contractor shall fax the log to CAT's General Manager and / or Project Manager, weekly on routine matters that have been resolved or no later than 24 hours if intervention by CAT staff is required. 4.12 REFUSAL OF SERVICE The Contractors shall have the ability to refuse service to a passenger referred by CAT only if it is believed the passenger cannot be transported safely or the passenger is disruptive, abusive or intoxicated. All service denials shall be reported to CAT dispatcher immediately. 4.13 FARES A. The Contractor shall collect a fare from each customer only when it is indicated on the manifest. This fare shall be retained by the Contractor and deducted from the amount owed by CAT. The passenger fare shall be paid according to CAT's fare structure as determined by Collier County. B. When a customer shows a valid CAT token, he /she is not required to pay a cash fare. If tokens are used as fare payment, they shall be turned in with invoices. The Contractor is responsible for reporting the method of fare payment and failure to pay a fare. A list of customers who fail to pay a fare or co- payment shall be provided with invoices. The Contractor shall refuse no customer service, except as expressly set forth in Section 4.12 above. C. The daily trip manifest shall note if a fare is not to be collected. Drivers shall not accept tips or indicate to customers that a tip is expected. 4.14 SUBCONTRACTING A. Subcontracts and joint ventures are allowable, provided the Contractor assumes the following responsibilities: • Serves as the sole contact responsible party with the County. • Assumes full responsibility for the performance of all its subcontractors. • Provides the sole point of contact for all activities through a single individual designated as Project Manager. • Submits copies of all subcontracts and other agreements proposed to document such arrangement. 9 OF 32 1661 , COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY B. The Contractor shall provide an affidavit certifying that all subcontractors meet the requirements of the Contract. Failure of a subcontractor to comply with all requirements will be grounds for termination of the entire Contract. C. After the award of this Contract, the Contractors shall not add subcontracts with other transportation providers to deliver the service outlined in this Contract without the express written approval of CAT. 4.15 FACILITIES A. Operating Base Contractors shall provide a base of operation with adequate facilities for secure parking, administration, and unless the Contractor chooses to subcontract these functions, vehicle maintenance and service. Contractors are required to provide an operating base within the proposed CAT area and provide countywide toll -free telephone access to the base. B. Communications The Contractors shall be required to operate a two -way communication system with a countywide range while performing service under this Contract. An adequate number of base stations and mobile units capable of maintaining clear and constant communication between its office, field supervisors, drivers and CAT operating base shall be maintained. The Contractor shall make one radio available to CAT for monitoring of operations. C. Security Contractors shall take all reasonable and necessary precautions to provide security for any equipment provided by CAT, as well as for records of operations. D. Telephone /fax /modem 1. Contractors shall equip their administration and supervisory office with a fax machine on a dedicated telephone line and sufficient voice telephone lines to ensure that the supervisors and administrative staff can be reached during service hours. 2. Contractors shall be required to provide, at their own expense, a computer with modem and dedicated phone line in order to perform live dispatching 10 OF 32 1661 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY through CAT automated scheduling system and software to download manifests. 4.16 VEHICLES A. Sufficient Number Contractors shall maintain a sufficient number of vehicles to meet the service levels negotiated as part of the Contract with CAT and shall include spare vehicles to allow for routine servicing, maintenance, repairs, vehicle breakdowns, and similar occurrences as may reasonably be anticipated. Vehicles used in the provision of service under this Contract shall be no more than five years old. New and/or refurbished vehicles used in the transport of wheelchairs and other mobility devices shall meet the requirements of 49 CFR Part 38 of the Americans with Disabilities Act (ADA). The manufacturer or supplier of the vehicle shall supply evidence of compliance, in the form of a State of Florida sticker affixed to the vehicle. B. Necessary Capacity and Equipment Vehicles shall be accessible and shall be capable of transporting seated passengers and passengers in wheelchairs. Vehicles shall meet ADA requirements, two -way communications and signage, as may be required. An inventory of vehicles was provided in the Contractor's response, including seating capacity and wheelchair capability. If stretcher service is part of this Contract, stretcher vans shall be adequately equipped for safe, secure transport of stretcher patients. Portable stools shall not be acceptable. C. System Safety Program Plan (SSPP) 1. Vehicles operated under this Contract shall meet requirements of Florida Statute 341.061 and Administrative Rule 14 -90. 2. Any vehicle that fails to pass a mandated safety inspection, or upon inspection by CAT is determined not to meet all applicable regulations, shall be removed from service immediately until the Contractor makes necessary repairs or modifications. D. Cleanliness I . Contractors shall maintain the appearance and cleanliness of all vehicles it uses in service so as to provide a positive public image and appearance. 11 OF 32 16B1 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY No vehicle shall be operated with accident damage readily apparent to passengers. For cleanliness, reasonable exceptions will be made for usage during inclement weather. 2. Vehicle exteriors shall be washed at least once a week, and before being operated on any day if necessary to maintain a clean exterior appearance. 3. Vehicle interiors shall be swept and emptied of trash at least once daily, and shall be fully cleaned throughout, at least once monthly. Vehicles shall be cleaned as needed before operation on any day to maintain the vehicles free of noticeable dirt, spills or odors, to prevent noticeable build- up of grime and grease on interior window surfaces, and to keep the devices, which keep wheelchairs secure, free of any deposits that would interfere with their use. Damaged or torn seats or other upholstery shall be replaced promptly. 4. Body fluids, which could pose a health hazard to passengers, shall be cleaned up immediately before picking up any additional passengers. Clean- up kits shall be available on each vehicle in service. 5. A log shall be maintained to ensure all vehicles are cleaned according to the prescribed schedule. 4.17 DRIVERS A. Driver Selection The Contractors shall establish a formal selection process that shall include: 1. Verification that the applicant has an appropriate, valid Florida State driver's license, as well as a Commercial driver's license, if required. 2. Verification the applicant has a clean driving record with no points in the past three years. 3. Verification that the applicant is physically capable of safely driving the program vehicles; a pre - employment physical and drug screen is required. The Contractor shall be responsible for pre - employment physicals and drug screens. 12 OF 32 1601 .. COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY 4. A criminal background check. No driver shall be employed for service under this Contract that has been convicted of a crime. The Contractor shall be responsible for background checks. 5. Verification of proper identification for I -9 purposes. B. Unsatisfactory Driver Performance CAT reserves the right to enjoin the Contractors from assigning particular drivers to service provided under this Contract. If, as a result of a complaint, inspection or other means, information is received about improper, illegal or unsafe conduct of a Contractor's employee, the Contractors will be informed in writing once such a decision is made, including the findings on which the decision was based. C. Uniforms Drivers shall wear an easily recognizable uniform, subject to CAT approval, with a prominently displayed badge bearing the driver's picture identification. Drivers shall identify themselves verbally to passengers with sight impairments. D. Driver Training I. The Contractors shall provide an approved training and retraining program, to teach and maintain driver proficiency and the necessary skills to provide safe, courteous, efficient service to CAT customers. The driver - training program shall include but not be limited to the following: a. Defensive driving, using a program approved by the National Safety Council; b. Use of all special equipment associated with the job, such as wheelchair lifts, fire extinguishers and two -way communications devices; C. Operating procedures, including passenger assistance policies, fare collection, vehicle pre- operation checks, use of forms, record keeping and dispatch procedures; d. Familiarization with the service area; passenger assistance techniques, including training in dealing with the disabled and sensitivity training; 13 OF 32 16B1 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY e. Relevant policies and procedures contained in any applicable Operator's Manual; f. Annual reviews of individual driver's responsibilities and performance; g. Semi -annual observations of the driver's on- the -job performance. Supervisors should ride with the drivers to observe their driving techniques. New drivers shall be road - tested with each different kind of vehicle to be sure they can handle them before customers are carried. h. Maintaining records for all drivers to verify that the training has been received 2. Drivers shall be retrained in Defensive Driving and Passenger Sensitivity every three years. Individual training records shall be available for inspection by CAT on request. CAT reserves the right to require the Contractor to provide retraining approved by CAT to any driver at any time that CAT determines that a driver requires retraining. E. System Safety Program Plan (SSPP) 1. The Contractor shall establish a safety program, including a system for monitoring driver performance that identifies problem drivers and recognizes good drivers. The program shall include methods for promoting safe driving practices, such as safety incentives and awards, meetings and posters. 2. The Contractor shall have a written SSPP and meet the requirements of Florida Statue 341.061 and Administrative rule 14 -90 prior to beginning work under this Contract. Contractors will be subject to biannual compliance inspections by CAT Safety Director or his designee. F. Drug /Alcohol Testing All drivers, as well as other safety sensitive positions, shall be subject to Drug /Alcohol Testing for pre - employment, random, post accident and probable cause, as required under Federal Transit Administration (FTA) Regulations. Contractor's employees shall be included in the Florida Department of Transportation Statewide pool for random selection. FTA regulation for random testing of safety sensitive positions requires that 50% of those employees be 14 OF 32 • i COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY tested for drugs only and 10% tested for drugs and alcohol in a one year period. The Contractor shall pay the costs associated with such random testing. The fee includes all management services. If a Contractor subcontracts routine maintenance of vehicles, the maintenance subcontractor is subject to FTA Regulations. G. English Fluency All drivers shall be sufficiently skilled in English to carry on necessary conversations with passengers and the dispatcher and to read a vehicle schedule and fill out required reports. The Contractor is encouraged to hire drivers who can communicate in Spanish with customers, some of whom have limited or no English - speaking abilities. H. No Smoking Drivers shall not smoke, drink or eat at any time, in a vehicle transporting CAT customers. I. Driver Records The Contractor shall maintain a file on each driver that includes the following requirements: 1. An employment application. 2. A completed I -9 form verifying work eligibility. 3. Photocopy of a valid state of Florida drivers license, appropriate for the size of vehicle to be operated. 4. Copies of annual motor vehicle records. 5. Verification the driver is physically capable of safely operating a motor vehicle. Verification shall be a DOT physical exam done by a state of Florida licensed physician and evidence that a drug screen was done by a certified laboratory as part of the physical. DOT physical and drug screens are required every two years. 6. Verification that a criminal background check has been done. No driver that has been convicted of a felony, shall be allowed to perform duties under the Contract. 15 OF 32 • i COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY 7. All required training shall be documented and signed by both the driver and instructor. Documentation shall include date and type of training. 8. Driver record files shall include records of complaints, commendations, and accident reports. 4.18 PASSENGER ASSISTANCE POLICY A. Door -to -door Service Transportation provided under this Contract is door -to -door service. Drivers shall provide assistance as necessary, from the door where the trip originates to the door of the destination. Drivers shall assist each and every passenger out of the vehicle, to the door of their destination, and make sure that the passenger is safely inside or, if the passenger needs extra assistance, that the passenger is placed with a responsible person. Since many passengers have hidden disabilities, drivers shall escort all passengers even if they do not appear to need assistance. If a passenger does not wish assistance, the driver shall visually confirm that the passenger makes it safely inside the building at their destination. Drivers shall exercise tact at all times to ensure passengers' safety and allow them dignity and pride. Drivers shall provide assistance to passengers who use wheelchairs up or down one step, but no more than one step without assistance from an escort or assistant provided by the passenger. Drivers shall carry reasonable amounts of groceries or other parcels for passengers. B. Unsure Destination In the event that any confusion occurs about the correct destination to which a passenger is to be taken (e.g. if the passenger says the location is wrong, the building is vacant or the address cannot be located), the driver shall confer with passenger and obtain instructions from the dispatcher. No passenger shall be de- boarded at any address other than the one originally given to the operator without prior approval of CAT dispatcher. C. Waiting for and Notifying Passengers 1. Drivers shall wait up to five minutes after parking the vehicle in clear view of the customer's residence or other pick up location, or where that is not possible, taking other reasonable steps to notify the customer that the vehicle is waiting. 16 OF 32 16B1 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY If the customer cannot be located, it will be considered a no -show and indicated on the manifest. The Contractor's dispatcher shall notify CAT dispatcher immediately of the no -show so the return trip may be cancelled. No -shows will not be billed to the County. CAT staff will make every effort to remove persons who chronically no -show from the system. 4.19 PROJECT MANAGER A. Responsibilities 1. The Contractor shall designate a Project Manager located at the Contractor's operating facility. The Project Manager shall regularly advise CAT of times when he or she will not be on -site. The Project Manager shall be the Contractor's principal point of contact with CAT and shall be responsible for overall operations management. The Project Manager's time may be shared with other Contractor's programs but shall be allocated in proportion to the level of service provided under each program. 2. The Project Manager shall meet monthly with CAT staff regarding all aspects of the Contractor's responsibilities under this Contract. The Project Manager shall be available when requested by CAT for attendance at meetings with the public, advisory committees, or the Transportation Disadvantaged Local Coordinating Board. B. Availability and Emergency Phone Numbers At all times when the Contractors are engaged in CAT operations, the Project Manager or designee shall be available in person or by telephone. The Contractor may use a pager to comply with this requirement. The Project Manager or designee shall be empowered and qualified to take any reasonably required action in the event of an emergency. The Contractor shall provide emergency phone numbers for all key administrative personnel. 4.20 PERFORMANCE STANDARDS Strict adherence to service performance standards set forth in this Contract by the Contractor. Failure to meet service standards may result in termination of the Contract. Any violation of the specifications contained herein may result in non - payment of trip or trips. 4.21 SATISFACTORY VEHICLE AND DRIVER 17 OF 32 16B1 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY A vehicle or driver not meeting the requirements of this Contract as specified, shall not carry passengers for CAT. 4.22 ON -TIME PERFORMANCE Contractors SHALL maintain a minimum of 90% on -time performance. Manifests generated by CAT will show the appointment time and estimated pick -up time. Performance shall be measured using the customer appointment time. Drivers shall wait five minutes upon arrival for the customer to board. A. Scheduled trips: Contractors are allowed zero minutes late for the time a passenger requests to arrive at a destination. Passengers may be picked up, at most, one hour before their scheduled arrival time at a destination, with the exception of out -of -area trips. B Will -call return trips: The Contractor shall have a vehicle ready to pick up the passenger at the passenger's location within thirty (30) minutes after the time the passenger is ready to return. C. On -board ride time: The customer's ride time shall not exceed one hour for local trips and two hours for cross CAT service. 4.23 MISSED PICK -UPS The Contractor's personnel shall act in a responsible and competent fashion to assist CAT to ensure scheduled pick -ups are not missed. For purposes of this standard, a late pick- up, which is more than one hour late or results in a customer missing an appointment that has to be re- scheduled, shall be considered to have been missed and shall not be reimbursed. 4.24 SERVICE AVAILABILITY The service availability requirements of this Contract are met when: A. A vehicle and driver meeting the requirements of this Contract are available to meet all vehicle schedules requested by CAT, except in the case of vehicle breakdown, accident, or similar service interruption beyond the Contractor's control. B. In cases where service is interrupted because of vehicle breakdown, accident or similar service interruption, the Contractor shall send a relief vehicle and /or driver to resume service within 30 minutes. 18 OF 32 1661 "`.' COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY C. The Contractor shall experience no more than one (1) service interruption per 7,500 miles. 4.25 ACCIDENTS A. The Contractor shall report all accidents, from the scene, to CAT dispatch. The Contractor is responsible for responding to, investigating, and submitting to CAT a detailed written report within twenty -four (24) hours, any accident that involves vehicles and/or drivers providing service under this Contract. Contractors shall have no more than 1.3 preventable accidents per 100,000 miles of service. B. Failure to report an accident /incident involving a CAT Customer shall constitute grounds for termination of this Contract. 4.26 PASSENGER COMPLAINTS A. CAT will receive and process all customer complaints. Contractors are expected to investigate and resolve all Contractor - related service complaints in a timely and satisfactory manner. Complaint reports shall be faxed by CAT to the Contractor. A satisfactory response shall be returned within forty -eight (48) hours. B. A Contractor shall have no more than 1.7 complaints per 1,000 customer boardings. C. Vehicles shall post signs showing all local telephone numbers for complaints and commendations. It shall also show the Toll -Free number for the T.D. Ombudsman. 4.27 PASSENGER PER HOUR/MILE A. As a shared ride Public Transportation System, the goal is to transport customers as cost - effectively as possible by multi - loading vehicles. In order to monitor the efficiency of the system, a benchmark of 1.5 passengers per hour has been established. B. CAT will work with Contractors through scheduling and assigning trips, which can be grouped whenever possible based on geographic location and vehicle capacity. 4.28 REPORTING 19 OF 32 1661 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY The Contractor shall provide reports upon request that include: A Information as may be required by Federal Transit Administration (Section 15 reporting), Florida Commission for the Transportation Disadvantaged Statistical Reports, Florida Department of Transportation - System Safety Program Plan reporting and information requested by the Metropolitan Planning Organization (MPO) Local Coordinating Board Performance Reviews. B A summary of significant incidents and issues based on the Performance Log specified in Section 4.10, Scope of Service. The summary shall include at a minimum a listing of late or missed vehicle schedules, missed pick -ups, service interruptions, and accidents. Accident reports are due within twenty -four (24) hours of the accident and customer service reports are due within twenty -four (24) hours of the request from CAT. 4.29 VEHICLE STATUS REPORT The Contractor shall fax to CAT office each morning, prior to the service day, a list of all vehicles in the Contractors fleet used for service under this Contract. The list shall indicate which vehicles are: available for service and assigned to each run; undergoing preventive maintenance; undergoing repair; or not available for service for other reasons. For each vehicle that is not available for service, the report shall indicate the expected time when the vehicle will be available for service. 4.30 COOPERATION The Contractor shall cooperate with CAT in monitoring service through activities such as passenger surveys and recording passenger boarding, fare payment, Contract compliance, annual SSPP compliance and Quality Assurance & Management Reviews. SECTION 5: PAYMENTS A. Payment. As consideration for the Contractor's satisfactorily performing the Scope of Services set forth in Section 4.1.A hereof and complying with other terms of this Contract, CAT shall pay the Contractor according as set forth in Section 4.LA for the trips identified. B. Invoices. Contractor shall submit invoice(s) for services to CAT upon the completion and acceptance of the trips identified in Section 4 above. Each invoice shall show detailed explanation of service accomplished and the service must have been identified within Request for Proposal. Any work/service provided outside that, which was requested in said RFP, will not be eligible for payment by the County. 20 OF 32 1601 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY C. Manifests. As full consideration for satisfactory performance under the Contract, The Contractor shall be paid according to the rates established in the Contract. CAT will reimburse on a monthly basis following an adjusting transition period for start up. The Contractor must submit completed driver manifests which include pick up and drop off times as well as odometer readings for each trip. Completed daily manifests and invoices shall be submitted no later than two days following the date of service. The invoices shall provide a detailed accounting of the service provided during the billing period, less fares and / or co- payments collected. D. Interest. Pursuant to Chapter 218, Florida Statutes, CAT will pay interest not to exceed one percent (1 %) per month on all undisputed invoices not paid within thirty (30) days after receipt and acceptance of the service, AND a properly completed invoice, whichever is later. E. Withholding Payment. By signing this Contract the Contractor expressly agrees that CAT may withhold from any payment, monies owed by the Contractor to CAT for any legal obligation between the Contractor and the County, including, but not limited to intangible taxes, personal property taxes, fees, and commissions. F. Nonappropriation. All funds for payment by CAT under this Contract are subject to the availability of an annual appropriation for this purpose by the County. In the event of nonappropriation of funds by CAT for the services provided under the Contract, CAT will terminate the Contract, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then - current year for the services covered by this Contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Contract, cancellation shall be accepted by the Contractor with thirty (30) days prior written notice, but failure to give such notice shall be of no effect and CAT shall not be obligated under this Contract beyond the date of termination. SECTION 6: CONTRACTOR'S PERSONNEL A. Supervision. The Contractor shall direct and supervise competent and qualified personnel and shall devote time and attention to the direction of the operation to insure performance of obligations and duties as set forth herein. CAT's Project Manager shall have the right to request removal or replacement of any Contractor's personnel if said personnel are unqualified, rude, and belligerent or offer a nuisance or threat. B. Applicable Laws. The Contractor shall be responsible for ensuring that its employees, agents, and subcontractors comply with all applicable laws and regulations and meet all federal, state and local requirements related to their employment and position. 21 OF 32 • �. COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY C. Right of Rejection. CAT shall, throughout the life of the Contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the Contractor. If CAT reasonably rejects staff or subcontractors, the Contractor must provide replacement staff or subcontractors satisfactory to CAT in a timely manner and at no additional cost to the County. The day -to -day supervision and control of the Contractor's employees and subcontractors are the responsibility solely of the Contractor. D. Immigration Reform and Control Act of 1986. The Contractor certifies that it does not and will not during the performance of the Contract employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986, as amended. E. Employment Discrimination. During the performance of the Contract, the Contractor agrees to the following: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap, or national origin except when such condition is a bona fide occupational qualification reasonably necessary for the normal operations of the Contractor. The Contractor agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, shall state that such Contractor is an Equal Opportunity Employer. 3. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 4. The Contractor shall include the provisions of the foregoing paragraphs 1, 2, and 3 above in every subcontract or purchase order so that the provisions will be binding upon each Contractor or vendor. F. Fair Labor Standards Act. The Contractor and any subcontractor shall pay all employees working on this Contract not less than the minimum wage specified in the Fair Labor Standards Act as amended. SECTION 7: CONTRACTOR VEHICLES AND EQUIPMENT 22 OF 32 1681 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY A. Vehicles and Equipment. Contractor shall maintain vehicles and equipment in a safe, clean and sanitary condition. Vehicles and equipment shall be maintained in a manner so that they will not leak oil or other fluids. Vehicles and equipment shall also be maintained to avoid producing pollutants. Vehicles and equipment that cannot be maintained in this manner shall not be used to provide the services covered as part of this Contract. B. Annual Inspections. CAT will conduct annual inspections on all vehicles utilized by the Contractor under this Contract. Any vehicle or equipment may be inspected at such times as may be determined advisable by the County's Project Manager and/or Risk Manager to determine the operating condition of the vehicle or equipment and compliance with the terms of this Contract. SECTION 8: DELIVERABLES A. Deliverables. The Contractor shall deliver to CAT's Project Manager any deliverable required under the scope of this Contract in a format approved by the County's Project Manager. B. Standards: Deliverables prepared by the Contractor in response to the requirements of this Contract shall, unless otherwise provided for in the Contract, be thoroughly researched for accuracy of content. They shall be grammatically correct and not contain errors, be numerically accurate, be submitted in the format approved in advance by the County's Project Manager, and be submitted for advance review and comment by the County's Project Manager. The cost of correcting errors, correcting report data, or making other revisions required to bring the deliverable into compliance with the Contract requirements shall be borne solely by the Contractor. SECTION 9: COMPLIANCE WITH LAWS AND REGULATIONS The Contractor shall keep fully informed of all federal and state laws, all local laws, ordinances, rules, regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which in any manner affect the services provided under this Contract, or which in any way affect the conduct of such services. Contractor covenants and agrees to comply with all current and future County, state or Federal laws, rules and regulations relating to the operation of wheelchair and stretcher van services, including without limitation Section 46- 92(d), Code of Ordinances, CAT (Applications for an alternative transport service COPCN), Rule Chapter 14- 90, Florida Administrative Code (Transportation of the Disadvantaged), Part 1 of Chapter 427 Florida Statutes (Special Transportation and Communications Services), and the Federal Transit Administration Drug Testing requirements. The Contractor shall provide all requested information for State and Federal Reporting requirements within thirty (30) days, and thereafter as required by CAT or the applicable agency. Additionally, the Contractor shall obtain and 23 OF 32 • i COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY maintain at its own expense all licenses and permits to conduct business pursuant to this Contract from the Federal Government, State of Florida, Collier County, or municipalities when legally required and maintain same in full force and effect during the term of this Contract. The Contractor shall protect and indemnify CAT and all its officers, agents, servants, or employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, regulation, order, or decree caused or committed by the Contractor, its representatives, subcontractors, sub - consultants, professional associates, agents, servants, or employees. SECTION 10: INSURANCE A. Worker's Compensation Contractor shall maintain a policy of insurance covering Worker's Compensation risks in such amounts and with such coverage as required by the laws of the state where the services are to be performed. Prior to the start of service under this Contract, the Contractor shall provide CAT a certificate of insurance specifying coverage as required in this section, underwritten by a carrier acceptable to CAT and have a most recent published rating by A.M. Best Company of "A" or better) indicating that the County, the Funding Entity and any subcontractors are included as additional insured on said policy. Said policy shall contain a provision that CAT hall be given thirty (30) days written notice before the cancellation of the policy, that such insurance is primary and no insurance of the County, the Funding Entity, or subcontractor will be called upon to contribute to any loss. B. Vehicle /Automobile Physical Damage coverage CAT shall have no responsibility for any personal injuries or property damage that may arise directly or indirectly from any activity involved in the fulfillment of this Contract. The Contractor shall agree to indemnify, save, and hold harmless from any and all claims, demands, actions and suits at law and equity for any death, personal injury or property damage which may arise directly or indirectly from any activity involved in the fulfillment of this Contract. In that connection, the Contractor shall furnish CAT with a certificate of Insurance showing a minimum liability insurance coverage in the amount of $1,000,000 per occurrence or comply with the tort liability provisions of Chapter 768.28, FACE (whichever is higher) or be qualified as a self - insurer under the State of Florida. The certificate of insurance shall show CAT as an additional insured, and no cancellation or material change in any part of the insurance required should be in effect except upon sixty (60) days advance written notice from the insurer. The Contractor shall supply CAT with a copy of the certificate prior to the time this Contract is executed and on each renewal date. 24 OF 32 • r COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY Vehicle /Automobile Physical Damage coverage, including Collision coverage and Comprehensive coverage, each equal to depreciated value of all vehicles, including the buses, and non - revenue vehicles operated by Contractor. The Contractor shall be responsible for all damages falling below the deductible. No blanket or per location limit should apply to this coverage under $1,000,000. The County will be included as a Loss Payee in this coverage. C. General Liability Insurance Contractor shall obtain Comprehensive General Liability insurance in the amount of $1,000,000. Said coverage shall be "broad form" and shall specifically cover contractual liabilities including the hold harmless provisions of this Contract. Prior to the start of service under this Contract, the Contractor shall provide CAT a certificate of insurance, specifying coverage as required in this paragraph, underwritten by a carrier acceptable to CAT (and having a most recent published rating by A.M. Best Company of "A" or better) indicating that the County, the Funding Entity and any subcontractor or agent of the Contractor engaged in any work under this Contract are included as additional insured on said policy. Said policy shall contain a provision that CAT shall be given thirty (30) days written notice of cancellation. D. Subcontractors. The Contractor shall either cover any subcontractors on its policy or require the subcontractor to conform to these requirements and file appropriate forms with the County. E. Certificates of Insurance: A Certificate of Insurance Form will be furnished by the Contractor to CAT upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Purchasing Office. This certificate shall be dated and show: The name of the insured Contractor, the specified job by name and job number, the name of insurer, the number of the policy, its effective date, its termination date. 2. Statement that the Insurer will mail notice to CAT at least thirty (30) days prior to any material changes in provisions or cancellation of the policy. 3. Collier Transit Management, Inc., shall be named as additional named insured on all Liability Insurance. SECTION 11: INDEMNIFICATION OF COUNTY 25 OF 32 w s COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY _ The Contractor shall indemnify, hold harmless and defend CAT, its officers, agents, and employees from or on account of any and all claims, actions, lawsuits, losses, expenses, injuries, damages, expenses, injuries, damages, judgment or liabilities of any kind whatsoever resulting from arising out of or in connection with the Contractor's performance or nonperformance or services pursuant to this contract, whether said services are performed by the Contractor, its agents, appointees, or employees. Indemnification shall obligate the Contractor to defend at its own expense or provide for such defense, at CAT's option any and all claims and / or suits brought against CAT which may result from Contractor's performance or non performance of services, pursuant to the contract as stated herein. This article shall survive the termination of the contract. SECTION 12: RECORDS The Contractor shall maintain such financial records and other records as may be prescribed by CAT or by applicable federal and state laws, rules, and regulations. The Contractor shall retain these records for a period of three (3) years after final payment, or until they are audited by the County, whichever event occurs first. These records shall be made available during the term of the Contract and the subsequent three -year period for examination, transcription, and audit by the County, its designees, or other authorized bodies during regular business hours. SECTION 13: TERMINATION WITHOUT CAUSE Either Party may terminate this Contract without cause upon ninety (90) days written notice to the other party. Upon such termination without cause, Contractor shall be entitled to payment, in accordance with the payment provisions, for services rendered up to the termination date and CAT shall have no other obligations to Contractor. Contractor shall be obligated to continue performance of Contract services, in accordance with this Contract, until the termination date and shall have no further obligation to perform services after the termination date. SECTION 14: TERMINATION OF CONTRACT 14.1 TERMINATION FOR DEFAULT The County's Contract Administrator shall notify, in writing, the Contractor of deficiencies or default in the performance of its duties under the Contract. Three separate documented instances of deficiency or failure to perform in accordance with the specifications contained herein shall constitute cause for termination for default, unless specifically specified to the contrary elsewhere within this Contract. It shall be at the County's discretion whether to exercise the right to terminate the Contractor. 14.2 TERMINATION FOR COUNTY'S CONVENIENCE 26 OF 32 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY The performance of work under this Contract may be terminated with an advance written notice of ninety (90) days, in accordance with this clause in whole, or in part, whenever CAT representative shall determine that such termination is in the best interest of the County. Any such termination shall be effected by the delivery to the Contractor such written Notice of Termination specifying the extent to which performance of work under this Contract is terminated, and the date upon which such termination becomes effective. Upon such termination for convenience, the Contractor shall be entitled to payment, in accordance with the payment provisions, for services rendered up to the termination date and CAT shall have no other obligations to the Contractor. The Contractor shall be obligated to continue performance of the contract services, in accordance with this Contract, until the termination date and shall have no further obligation to perform services after the termination date. SECTION 15: CHANGE IN SCOPE OF SERVICE 15.1 OPTIONS OF THE COUNTY CAT may order changes in the service consisting of non - material additions, deletions, or other revisions within the general scope of the Contract. No claims may be made by the Contractor that the scope of the project or of the Contractor's services has been changed, requiring changes to the amount of compensation to the Contractor or other adjustments to the Contract, unless such changes or adjustments have been made by written amendment to the Contract signed by CAT Project Manager, Contractor and approved by Council, if required. 15.2 OPTIONS OF THE CONTRACTOR If the Contractor believes that any particular work is not within the scope of the Contract, is a material change, or will otherwise require more compensation to the Contractor, the Contractor shall promptly notify the County's Project Manager in writing of this belief. If the County's Project Manager believes that the particular work is non - material and within the scope of this Contract as written, the Contractor will be ordered to and shall continue with the work as changed and at the cost stated for the work within the scope. However, the Contractor may assert a right to an adjustment under the dispute resolution procedures set forth herein and shall be sent in accordance with the notice requirements of Article 25. SECTION 16: MODIFICATIONS DUE TO PUBLIC WELFARE OR CHANGE IN LAW CAT shall have the power to make changes in this Contract as the result of changes in law and/or Ordinances of Collier County. CAT may impose new rules and regulations on the Contractor under this Contract relative to the scope and methods of providing services as shall from time -to- 27 OF 32 1681 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY time are necessary and desirable for the public welfare. CAT shall give the Contractor notice of any proposed change and an opportunity to be heard concerning those matters. The scope and method of providing services as referenced herein shall also be liberally construed to include, but is not limited to the manner, procedures, operations and obligations, financial or otherwise, of the Contractor. In the event any future change in Federal, State or CAT law or the Ordinances of Collier CAT materially alters the obligations of the Contractor, or the benefits to the County, then this Contract shall be amended consistent therewith. Should these amendments materially alter the obligations of the Contractor, and then the Contractor or CAT shall be entitled to an adjustment in the rates and charges established under this Contract. Nothing contained in this Contract shall require any party to perform any act or function contrary to law. CAT and Contractor agree to enter into good faith negotiations regarding modifications to this Contract which may be required in order to implement changes in the interest of the public welfare or due to change in law. When such modifications are made to this Contract, CAT and the Contractor shall negotiate in good faith, a reasonable and appropriate adjustment for any changes in services or other obligations required of the Contractor directly and demonstrably due to any modification in the Contract under this Section. SECTION 17: ASSIGNMENT AND SUBLETTING The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of any of its rights, title, or interests therein, without the prior written consent of the County's Director of Purchasing. In addition, in the event the Contractor is a corporation, other than a publicly held corporation, it shall not sell or transfer any shares in said corporation without the prior written consent of the County. SECTION 18: RIGHT TO REQUIRE PERFORMANCE A. Failure to Enforce. The failure of CAT at any time to require performance by the Contractor of any provision hereof shall in no way affect the right of CAT thereafter to enforce same. Nor shall waiver by CAT of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. B. Failure To Deliver. In the event of failure of the Contractor to deliver services in accordance with the Contract terms and conditions, the County, after due written notice, may procure the services from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that CAT may have. SECTION 19: WAIVER 28 OF 32 16 F If COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY Failure to enforce the breach of any portion of this Contract by either party shall not constitute a waiver of such right in respect to same or any other breach. SECTION 20: GOVERNING LAW AND VENUE All questions concerning the validity, operation, interpretation, construction and enforcement of any terms, covenants or conditions of this Contract shall in all respects be governed by and determined in accordance with the laws of the State of Florida without giving effect to the choice of law principles thereof and unless otherwise preempted by federal law. All legal proceedings brought in connection with this Contract shall only be brought in a state or federal court located in the State of Florida. Venue in state court shall be in Collier County, Florida. Venue in federal court shall be in the United States District Court, Middle District of Florida, Orlando division. Each party hereby agrees to submit to the personal jurisdiction of these courts for any lawsuits filed there against such party arising under or in connection with this Contract. In the event that a legal proceeding is brought for the enforcement of any term of the contract, or any right arising there from, the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non -jury trial for the adjudication of such suit. SECTION 21: COUNTERPART This Contract may only be executed in two (2) counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. SECTION 22: SEVERABILITY If any provision of this Contract shall be declared illegal, void or unenforceable by a court of competent jurisdiction, or in an arbitration proceeding, the other provisions shall not be affected but shall remain in full force and effect. SECTION 23: FORCE MAJEURE The parties will exercise every reasonable effort to meet their respective obligations hereunder, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any Government law or regulation, acts of God, acts or omissions of the other party, Government acts or omissions, fires, strikes, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred. SECTION 24: WAIVER OF CLAIMS Once this Contract expires, or final payment has been requested and made, the awarded 29 OF 32 16B1 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN Contractor shall have no more than 30 calendar days to present or file any claims against CAT concerning this Contract. After that period, CAT will consider the Contractor to have waived any right to claims against CAT concerning this Contract. SECTION 25: NOTICES Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to -wit: FOR COLLIER TRANSIT MANAGEMENT, INC. Collier Transit Management, Inc. D /B /A Collier Area Transit CAT 2901 County Barn Road Naples, FL 34112 SECTION 26: ENTIRE CONTRACT This Contract and the incorporated Schedules /Attachments constitute the entire agreement between the parties. There are no understandings or contracts related hereto other than those that are expressed herein, and all prior negotiations, agreements, and understandings, whether oral or written, are superseded by this Contract. No modification of this Contract shall be binding unless set forth in writing and signed by both parties hereto. 30 OF 32 COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY IN WITNESS WHEREOF, the parties have made and executed this Contract, the day and year first above written. FOR COLLIER TRANSIT MANAGEMENT, INC. Collier Transit Management, Inc. DB /A Collier Area Transit CAT 2901 County Barn Road Naples, FL 34112 Elizabeth Suchsland General Manager Signature / Date Signature / Date 31 OF 32 • i COLLIER TRANSIT MANAGEMENT INC CONTRACT FOR THE PROVISION OF PARATRANSIT SERVICES UNDER THE TRANSPORTATION DISADVANTAGED PROGRAM IN COLLIER COUNTY 32 OF 32 16 133 MEMORANDUM Date: February 27, 2008 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #08 -5029: "Immokalee Road Shoulder Improvements — Pratt Road to Sanctuary Road" Contractor: Better Roads, Inc. Attached please find one (1) original contract document, as referenced above, (Agenda Item #16B3) approved by the Board of County Commissioners on Tuesday, February 12, 2008. The second original contract has been retained in the Minutes and Records Department and will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252 -8411. Thank you. Attachments (1) ITEM NO.: FILE NO.: ROUTED TO: 09.10) C 'ag55 DATE RECEIVED: 1683 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: February 25, 2008 Ry `_ To: Robert Zachary C) N �� Assistant County Attorney ir7 From: Brenda Brilhart ?= Purchasing Agent Flo 239 - 252 -8446 Gn Re: Contract # 08 -5029 Immokalee Road Shoulder Improvements — Pratt Road To Sanctuary Road Contractor: Better Roads Inc. BACKGROUND OF REQUEST: C This contract was approved by the BCC on February2008; Agenda Item 16. B.3 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. Z' 16P3 MEMORANDUM TO: Jeff Walker Risk Management Department FROM: Brenda Brilhart Purchasing Department DATE: February 25, 2008 RE: Review of Insurance for Contract No. 08 -5029 Immokalee Road Shoulder Improvements — Pratt Road to Sanctuary Road Contractor, Better Roads Inc. This Contract was approved by the BCC on February 12, 2008; Agenda Item 16.8.3 Please review the Bonds and Insurance Certificate in this Agreement for the above - referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8446. rW0447-e_V `r L ,-�u/ 1683 Immokalee Road Shoulder Improvements - Pratt Road to Sanctuary Road COLLIER COUNTY BID NO. 08 -5029 COLLIER COUNTY, FLORIDA Design Professional: Collier County Transportation Engineering and Construction Management (TECM) Department COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 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 TECM and identified as follows: Immokalee Road Shoulder Improvements - Pratt Road to Sanctuary Road as shown on Plan Sheets 1 through 10. EXHIBIT N: Contractor's List of Key Personnel 165`3 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Immokalee Road Shoulder Improvements - Pratt Road to Sanctuary Road COUNTY BID NO. 08 -5029 Separate sealed bids for the construction of Immokalee Road Shoulder Improvements Pratt Road to Sanctuary Road, 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 10th day of January 2008, 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 18th day of December 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, Immokalee Road Shoulder Improvements Pratt Road to Sanctuary Road, Bid No. 08 -5029 and Bid Date of January 10, 2008. 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 only be obtained at the Collier County Purchasing E- Procurement site: www.colliergov.net/bid. Bidding Documents obtained from sources other than Collier County Purchasing may not be accurate or current. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw -Hill Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 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 GC -PN -1 • 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 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 ninety (90) 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 November 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell, C.P.M. Purchasing and General Services Director GC -PN -2 1683 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 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. Bids received at the WomM 1683 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 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. Right to Reject 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 -I B -2 1683 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 relfal -191 1683 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. G C -I B -4 1683 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. G C -I B -5 P&B 3 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 -I B -6 16 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." G C -I B -7 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS -------- - -- - COLLIER COUNTY, FLORIDA Immokalee Road Shoulder Improvements Pratt Road to Sanctuary Road BID NO. 08 -5029 Full Name of Bidder Better bads Inc. Main Business Address 1910 Seward Ave., Naples, FL 34109 Place of Business 1910 Seward Ave., Naples, FL 34109 Telephone No. 239 - 597 -2181 State Contractor's License # Cu- 0056737 No. 239 -597 -1597 1683 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. 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 1683 BID SCHEDULE Immokalee Road Shoulder Improvements _— PrattRoad -to San tuary Roael- — Bid No. 08 -5029 Bid Schedule is available under separate rile. GC -P -2 L; H qy O w w as a 0 m C t0 O O O z m rn a P C m o E � a m E E `m v L U) t0 Y E E Y C L❑ T Z C O a` iA fin* O d U 0 0 o O o o Ln M m m o o Ln Ln h O O1 m 47 V Q) Y1 h O (0 M N I� l0 D7 (O C1 of N In (D O t7 N O � N f9 fA Ui to N W N V3 e3 E9 �. F, Uj E9 E9 E9 dj f9 H z 7 O Q O O N O l O O O O LO O O N O O O O V I r- O r (0 Ln N N N O J O W fA M E9 O N � EA f/j fA (O O W U 2 a h z ~ Z D O Cp O Cp O O O 01 (D M V W I- ( O 11 00 r N LO O O O w O N W LL) CY H z z 0 J (1 J W 0 W W -i (O J >- 0 >- U w 0 w Q Q w z Q W } Q 0 O M U) = U Q W _ O F_ 0 Q M Y U LLJ U z O a L) U) o 0 F Q O o w Z Q 2E J Z d Q z Q� � w 0 < Q Z 0 U) W (n � W > w w � 0 Q (A 0 Z m 0 Ur w J 0 Q CO Z O U W W Y m W F v `r' m Q W } Q M. 0 O a Q Y C) F = 0 Z? O 0 0 F U) Q = m 0 o O J Z m w 0 (n CZ7 (n > F W w w p 2' g w Q n Q U) IL 0 g � w 1: D O w m cr 0 w 0 z rn M O N o � r W F I CV r; N m N V O O m O Lo r Ln v O M (O M N M u7 r r r iA fin* O d U 16L MATERIAL MANUFACTURERS The-Bidder is required to state- below , - material- manufacturers -i4- proposes- ta-utiliz"n - 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. 1. 2. 3. 4. 5. Asphalt MATERIAL Dated January 10, zoos MANUFACTURER Better Roads Inc. Better Roads Inc. Bidder BY: �fm�1l Drew Clark, Vice President GC -P -3 i LIST OF SUBCONTRACTORS _ __--The--undersigned -states- that- the - following -is-a -full- and complete4st- 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. Category of Work Subcontractor and Address Striping 2. 3. El 1.1 Dated January 10, 2008 Trutwin Industries, Inc. 8031 Mainline Parkway Ft. Myers, FL 33912 Better Roads Inc. Bidder BY: ll�.L4.�r�d tL Drew Clark, Vice President GC -P -4 1693 STATEMENT OF EXPERIENCE OF BIDDER The—ffidder is required -to statebelowc- whaLworl -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 completely and as rapidly as required under the terms of the Agreement. 1. 2. 3. 9 5. B Project and Location Golden Gate Parkway 6- Laning Livingston Rd. Phase I Radio Rd. to GG Parkway Livingston Road Phase II GG Parkway to Pine Ridge Rd. Livingston Rd. Phase III Pine Ridge Rd. to Immokalee Rd. Airport Rd. 6 Laning GG Parkway to Radio Rd. Airport Rd. 6 Laning Cougar Dr. to GG Parkway Dated January 10, 2008 Reference Collier County P.W.E.D. 239- 774 -8494 Same as above Same as above Same as above Same as above Same as above Better Roads Inc. Bidder BY: zoaeau- 6� Drew Clark, Vice President GC -P -5 • TRENCH SAFETY ACT _Bidder acknowledges- that-included_in- ihe_uarious_ items- of-the- bidand- in- the�Totai -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 Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) LF SY 2. 3. 4. 5. TOTAL $ Failure to complete the above may result in the Bid being declared non - responsive. Dated January 10, 2008 M GC -P -6 Better Roads Inc. Bidder Drew Clark, Vice President WN 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- nsurance Certificates -as7equired- 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 sixty (60) 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. Respectfully Submitted: State of Florida County of Collier Drew Clark, Vice President oath deposes and says that the Bidder on the above Bid is that all statements herein made are made on behalf of deponent is authorized to make them. Drew Clark, Vice President of Better Roads Inc being first duly sworn on organized as indicated and such Bidder and that this 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 -7 1683 (a) Corporation The—Bidder -ism corporation- organized- -and- existing - under -the- laws --o the Stag of - Florida which operates under the legal name of Better Roads Inc. and the full names of its officers are as follows: President Joe L. Turner v.P. / Secretary Joseph M. Restino Treasurer panjei xei,y v.P. / Manager Drew Clark The vice Presidimat is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken June 1, 2000 , 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 DATED January 10, 2008 GC -P -8 Florida Corporation legal entity ��Gtk Witness' Witness STATE OF Florida COUNTY OF Collier 1683 BY: Better Roads Inc'k.. Name of Bidder (Tt' ed)LP e - - SEAT.. Signature Drew clerk, Yjgg�yesid Vice President Title The foregoing instrument was acknowledged before me this ay A'o �r'200,7"goy 1Z L.iw � as : > of ,�' �I, =x 7-- L 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: IP - -,V Qk Notary Public State of Florida Donne DiMare My Commission DID711581 NAME: ?o „�o Expires 10/05/20111 (AFFIX OFFICIAL SEAL) GC -P -9 (Legibly Printed) Notary Public, State of f Zoie%v41 Commission No.: bl) 711 :tr-&'/ _ 16B3 CERTIFICATION OF THE SPECLAL MEETING OF THE DIRECTORS :MELD ON THE 15-' DAY OF JUNE, 2000 I hereby certify that the Directors of BETTER ROADS PiC, a Florida Corporation (the "Corporation "), pursuant to the Articles of Incorporation and the by -laws of said Corporation, approved of the following Resolution: Be it resolved that, Joe L. Turner, President, Joseph M. Restino, Vice President, John A. Clark, Vice President; be authorized to sign construction Proposals and contracts by action of its Board of Directors taken June 1, 2000 on behalf of BETTER ROADS INC. .... -. ®�T�'': `. SEAL BETTER'ROADS INC., a Florida Corporation C Joseph D. Booness, III Chief Executive Officer retary i 0 KNOW ALL MEN BY THESE PRESENTS, that we Better Roads Inc. (herein after called the Principal) and (herein called the Surety), a corporation chartered and existing under the laws of the State of rm with its principal offices in the city of Schaumburg IL and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners of Collier County FL (hereinafter called the Owner), in the full and just sum of Five Percent of Amount Bid dollars ($ 57 amt bd ) 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 Immokalee Road Shoulder Improvements Pratt Road to Sanctuary Road Bid No. 08 -5029 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 $5% of bid amt 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. GC -P -10 W-i IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 10 day of January, zoos ,20 m Drew Roads Inc. Countersigned Florida Resident Agent Local Resident Producing Agent for Fidelity and Deposit Company of Maryland GC -P -11 16B3 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 M. P. HAMMOND, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s 6� nate, constitute and appoint Richard P. RUSSO, JR., Tanya L. RUSSO, Hiram P. HAI e N and Eileen C. HEARD, all of Tampa, Florida, EACH its true and lawful -in- ks, ° me, seal and deliver, for, and on its behalf as surety, and as its act and de a and and the execution of such bonds or undertakings in pursuance of the s r e a i r ompatry, as fully and amply, to all intents and purposes, as if the ecut by the regularly elected officers of the Company at its office in Baltimo th ° power of attorney revokes that issued on behalf of Richard P. RUSSQ JR., Tanya N, II, Peter F. PRIOLO, Peter A. THOMSON, Eileen C. HEARD, dated June 2, 2006. The said Assistant does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, 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 11th day of July, A.D. 2007. ATTEST: '�o ocvosr. O P State of Maryland 1 City of Baltimore f ss. FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: \hR\U_�'J M. P. Hammond Vice President On this llth day of July, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, 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. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA -F 031 -3055 1683 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 any one of the Assistant Secretaries, to appoint R °sideni Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or tc authorize any person or persons to execute on behalf of the Company any bonds, undertaMng, 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 of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby 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 Attomey -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 10th 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 Comp- this b day of Assistant Secretary r°' 16B3 THIS SHEET MUST BE SIGNED BY VENDOR _ BOARR-OECOUN.MCOMMISSIONERS - - -. - -- -- 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: I. The Bid has been signed. 2.� The Bid prices offered have been reviewed. 3.i The price extensions and totals have been checked. 4. The payment terms have been indicated. 5.d c Any required drawings, descriptive literature, etc. have been included. 6.011 Any delivery information required is included. IT.. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. .8. All 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 opening 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 Better Roads Inc Bidder Name �i1G�cr'C�� Signature & Title Drew Clark, Vice President _ DATE: January 10, 2008 GC -P -12 1683 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Better Roads Inc. ( "Contractor ") of 1910 Seward Ave., Naples, Fl. 34109, a Florida corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Immokalee Road Shoulder Improvements Pratt Road to Sanctuary Road, Bid No. 08 -5029 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by Collier County's Transportation Engineering and Construction Management (TECM) Department, 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: two hundred fifteen thousand, six hundred thirty three dollars, and fifty one cents. ($215,633.51) GC -CA- 13 16E3 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.gov /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 Damages. 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 sixty (60) 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 such event, the total amount of Owner's damages, will be difficult, if not impossible, to GC -CA- 14 16B, 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 ninety four dollars ($994.00) 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. G. Final Acceptance by Owner. GC -CA- 15 16B.3 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: Performance and Payment Bond Forms Exhibit B: Insurance Requirements 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 TECM and identified as follows: Immokalee Road Shoulder Improvements Pratt Road to Sanctuary Road as shown on Plan Sheets 1 through 10. Exhibit N: Contractor's List of Key Personnel 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: Nyankadau Korti, Project Manager /TECM 2885 South Horseshoe Drive Naples, Florida 34104 GC -CA- 16 1683 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: Mr. Drew Clark, Vice President Better Roads Inc. 1910 Seward Ave. Naples Florida 34109 239 - 597 -2181 Fax: 239-597-1597 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." 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. GC -CA- 17 Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one 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. 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- 18 1683 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: WITNESSE Better Roads, Inc OS' "o �.............. 44C %� ' !L By: FIRST WITNESS Donna D114are Type /Print Na Type /Print Name S COND WITNESS Amanda Plumbley Type /Print Name Date: 02k 1'I o?) OWNER: ATTEST: ,.;';; ; ;._, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN FLORID BY: titx �r Tom Henning, Chairman Appfoved As To; .Form and Legal Sufficiency: Print Name: Assistant Co ty Attofney GC -CA- 19 item # —LU!3 Agenda o2 O Q Date (� Date 0O ReAW FRONT PAGE OF PUBLIC PAYMENT BOND THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05, FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2), Florida Statutes BOND NO. 8915419 CONTRACTOR: Better Roads Inc. 1910 Seward Ave Naples, FL 34109 239 -597 -2181 SURETY: Fidelity and Deposit Company of Maryland 1400 American Ln, Tower 1 Schaumburg IL 60196 847- 605 -6000 AGENT: Lykes Insurance, Inc. Construction Services Division 400 North Tampa Street, Suite 2200 Tampa FL 33602 (813) 223 -3911 OBLIGEE: The Board of County Commissioners of Collier County FL 3301 Tamiami Trail Naples FL 34112 239 - 252 -8999 CONTRACT BOND AMOUNT: $215,633.51 PROJECT: Immokalee Road Shoulder Improvements, Contract 08 -5029, Immokalee Road, Naples, Collier County FL Pratt Road to Sanctuary Road 1683 EXHIBIT A PUBLIC PAYMENT BOND Immokalee Road Shoulder Improvements Pratt Road to Sanctuary Road Bond No. 8915419 Contract No. 08 -5029 KNOW ALL MEN BY THESE PRESENTS: That Better Roads Inc. 1910 Seward Ave, Naples FL 34109 as Principal, and Fidelity and Deposit company of Maryland , as Surety, located at 1400 American Ln, Tower 1 Schaumburg IL 60196 (Business Address) are held and firmly bound toThe Board of County Commissioners of Collier as Obligee in the sum of Two Hundred Fifteen Thousand Six Hundred Thirty- thre9ounty FL ($ 215.633.51 ) for the payment whereof we bind ourselves, our heirs, executorsgnd 51/100 personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 2008 x2987, with Obligee for Immokalee Road Shoulder Improvements jM Pratt Road to Sanctuary %ccordance 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 day of February, 200839W the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. GC- CA -A -1 Bond No. 8915419 Immokalee Rd Shoulder Improvement Signed, sealed and delivered STATE OF Florida COUNTY OF Collier PRINCIPAL BY: NAME: ITS: er Roads Inc. 16$3 SEAL The foregoing instrument was acknowledged before me this 19thday of February 2008 , by Drew Clark , as Vice President of Better Roads Inc a Florida corporation, on behalf of the corporation. He /she is Personally known to me OR has produced as identification and did id not take an oat — My Commission Expires: 2 -5 -11 ignature of Notary) ���� °�y Nntafy Public State of Flprida 4 0„ a o nna NAME: Donna DiMare �dv comm,eaion oo� „se' (Legibly Printed) �'F0lf'd' Expire,, i uN5i2011 (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: DD711581 ATTEST: SURETY: N/A Witnesses to Surety GC- CA -A -2 Fidelity and Deposit Company of (Printed Name) Maryland 1400 American In, tower 1 Schaumburg IL 60196 (Business Address N/A (Authorized Signature) (Printed Name) 1683 Bond N0. 8915419 okalee Rd Shoulder Improvements OR As Attorney in Fact and Florida Resident (Attach Power of Attorney) Agent Eileen C. Heard Witnesses (Printed Name) Lykes Insurance, Inc. 400 N Tampa St X12200 Tampa FL 33602 (Business Address) (813) 223 -3911 (Telephone Number) STATE OF Ft orida COUNTY OF Hillsborough The foregoing instrument was acknowledged before me this 15th day of February. 2008 , ?cW-K, by Fileen C- Heard , as Attorney -in -fact & FL Res.AgentOf Fidelity and Deposit Company of Maryland Surety, on behalf of Surety. He /She is personal) wn to me OR has produced known s identif tion and who did (did not) take an oath. , f�111 My Commission Expires: (AFFIX OFFICIAL SEAL) tsignatere) rtiion 11" orida solely Public, Spec 01512011 Name: M Com�u. DD 738410 (Legibly Printed) comm. GC- CA -A -3 Notary Public, State of: Commission No.: 1683 EXHIBIT A PUBLIC PERFORMANCE BOND Immokalee Road Shoulder Improvements Pratt Road to Sanctuary Road Bond N0. 8915419 Contract No. 08 -5029 KNOW ALL MEN BY THESE PRESENTS: That Better Roads Inc. of Naples FL as Principal, and Fidelity and Deposit Company- of Maryland as Surety, located at 1400 American Ln. Tower 1, Schaumburg IL 60196 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, as Obligee in the sum of Two Hundred Thirteen Thousand Six Hundred Thirty -three and 51 /100 Dollars ($215,633.51 ) 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 2008 , Y2LG i, with Obligee for Immokalee Road Shoulder Improvements._ Pratt Road to Sanctuary Road 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: 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. GC- CA -A -4 Bond No. 8915419 Immokalee Rd Shoulder Improvements 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 day of February, 2008 VWgk, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. d'1t0,^11111" Signed, sealed and delivered STATE OF Florida COUNTY OF Collier 16 ,63 PRINCIPAL .'. -C -0 � Better Roads Inc. M NAME: Drew Clark "r MM ITS: Vice President The foregoing instrument was acknowledged before me this 19th day of February , 200 -98by Drew Clark as Vice President of Better Roads Inc. a Florida corporation, on behalf of the corporation. He /she is personally known to me OR has produced ✓ as identification and di (did not ) take an oa My Commission Expires: 2 -5 -11 (Si ature) `0% Notary Pupli f State of Florida Donna DtMare My Commission DD711581 Name: Donna DiMare ?o, M1dP Expires 10/0512011 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: DD711581 GC- CA -A -5 Bond No. 8915419 Immokalee Road Shoulder Improvements ATTEST: N/A Witnesses as to Surety SURETY: I � P 3 Fidelity and Deposit Company of Maryland (Printed Name) 1400 American T.n Tower 1 Schaumburg IL 60196 (Business Address) N/A (Authorized Signature) (Printed Name) OR —� — C-J As Attorney in Fact and Florida Resident Agent (Attach Power of Attorney) Eileen C. Heard (Printed Name) Lykes Insurance, Inc. 400 N Tampa St #2200 Tampa FL 33602 (Business Address) 813 223 -3911 (Telephone Number) STATE OF Florida COUNTY OF Hillsborough The foregoing instrument was acknowledged before me this 15th day of February, 2008 ,2607, by Eileen C. Hea ,aS Attorney- in- f_._ arr & FL Resident of Fidelity and Deposit Compan Surety, on Agent behalf of Surety. He /She is rsonally kn w to me OR has produced known as identificatio d who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) Name: '.a.II (Legibly Printed) Notary Public, State of: Commission No.: FE1 R A. THOMSON Notary Public State of Florida my Comm. , 011 omm. No. DD 738410 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 M. P. HAMMOND, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate, constitute and appoint Richard P. RUSSO, JR., Tanya L. RUSSO, Hiram P. HAMP e N and Eileen C. HEARD, all of Tampa, Florida, EACH its true and lawful - n- ute, seal and deliver, for, and on its behalf as surety, and as its act and de a and s, and the execution of such bonds or undertakings in pursuance of &e1lupg;' e ompany, as fully and amply, to all intents and purposes, as if the by the regularly elected officers of the Company at its office in Baltimo th ' power of attorney revokes that issued on behalf of Richard P. June 2, I, Peter F. PRIOLO, Peter A. THOMSON, Eileen C. HEARD, dated June 2, 2006. ° The said Assistant Sry does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, 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 I lth day of July, A.D. 2007. ATTEST: PPPA 4S !PD DEFDS, �ro'v n w •° °s tIN � 4Wmn State of Maryland 1 ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary M. P. Hammond Vice President On this 11th day of July, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, 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. �, nr i POA -F 031 -3055 Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 16P7 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 any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attomeys -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 of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby 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 Attomey -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 10th 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 ay of _ _ , C)06 1� Assistant Secretary lb,83 MARSH CERTIFICATE OF INSURANCE ATL-001361860 -01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 3031 N. Rocky Point Drive, Suite 700 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Tampa, FL 33607 1 AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY 101266-- -07 -08 A CONTINENTAL CASUALTY COMPANY INSURED COMPANY BETTER ROADS, INC. B PENNSYLVANIA MANUFACTURERS ASSOC. INS. CO. 1910 SEWARD AVENUE -- -- - - - - - -- NAPLES,FL 34109 COMPANY C COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 1 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDrDOES AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MMIDOIYY) DATE(MMIDDIYY) LTR A I GENERAL LIABILITY GL 2057352432 .05/15/07 06/01/08 GENERAL AGGREGATE $ 2,000,000 COMMERCIAL GENERAL LIABILITY II PRODUCTS _ OOM PICO AGO $ 2,000,0 00 T X MADE (OCCUR ICI INJURY ,_$ 1 750000 � I�CLAIMS OWNER'S 8 CONTRACTOR'S PROT X A2500� EACH OCCURRENCE _ EACH OCCURRENCE FIRE DAMAGE (Any one trot_ i$ $ 750,000 566,000 ' MEDEXP(An one person) 1 $ 5,000 AUTOMOBILE LIABILITY BUA2057353421 A 05/15/07 06/01/08 COMBINED SINGLE LIMIT $ 1,750,000 F X- ANY AUTO ALL OWNED AUTOS BODILY INJURY $ JI - (Per person) SCHEDULED AUTOS — -- - -- - - -- X HIRED AUTOS Ia INJURY $ X acc tlenp (Per accident) (Per NON -OWNED AUTOS �X SIR: $250,000 PROPERTY DAMAGE I$ GARAGE LIABILITY AUTOONLY- EAACCIDENT $ - -I ANY AUTO OTHER THAN AUTO ONLY J EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY L 2084709476 .05/15/07 06/01/08 I EACH OCCURRENCE $ 5,000 000 J UMBRELLA FORM ! AGGREGATE IS 5,000 000 _ OTHER THAN UMBRELLA FORM I RETAINED LIMIT $ 10,000 B WORKERS COMPENSATION AND 200775- 03-49 -24 -1 105/15/07 05/15/08 X TORY L MITS, ER -- EMPLOYERS' LIABILITY II I EL EACH ACCIDENT I $ 1,000,000 I THE PROPRIETOR( T INCL EL DISEASE POLICY LIMIT 1_$ 1,000,000 PARTNERSIEXECUTIVE —� EL DISEASE EMPLOYEE$ 1,000,000 OFFICERS ARE'. EXCLI -EACH A OTHER AUTO PHYSICAL BUA2057350941 05/15/07 06/01/08 COMP DEDUCTIBLE DAMAGE 1I, COLLISION DEDUCTIBLE 5,000 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: Contract #08 -5029 Immokalee Road Shoulder Improvements -Pratt Road to Sanctuary Road. Collier County BOCC is included as Additional Insured where required by written contract and allowed by law. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ;n DAYS WRITTEN NOTICE TO THE Collier County BOCC CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH DODGE SHALL IMPOSE NO OBLIGATION OR 3301 E. Tamlarri Trail Naples, FL 34112 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. OR THE ISSUER OF THIS CERTIFICATE. AUTHORIZED REPRESENTATIVE III USA Inc. �~ BY: Enna Connick- MM1(3/02) VALID AS OF:02/19/08 1683 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 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 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 1683 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 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 1683 b. Employers' Liability X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. ❑ Applicable ® Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. ❑ Applicable ® Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? ® 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: X General Aggregate $5,000,000 Products /Completed Operations Aggregate $5,000,000 Personal and Advertising Injury $5,000,000 Each Occurrence $5,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (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. GC- CA -B -3 16 B_3 ❑ 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. ❑ 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 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. (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 2TiErr7•Q -M! 16B3 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 ❑ 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: X 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 -5 Co er County COLLIER COUNTY GOVERNMENT CONTRACT INSURANCE REQUIREMENTS GC- CA -B -6 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 Protection and Indemnit $1,000,000 including Crew $2,000,000 Includin Crew USL &H Statutory Limits X Commercial General $2,000,000 per occurrence X $5,000,000 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. X Business Automobile $1,000,000 per occurrence X $2,000,000 per occurrence Insurance bodily injury and property bodily injury and property damage damage Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage X Builders Risk Insurance OWNER Will Purchase-Replacement Cost- All Risks of Loss Professional Liability $1,000,000 per occurrence , 00 per occurrence ,0Insurance $1,000,000 aggregate 0000 re ate INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/Vendor /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 Contractor/ Vendor /Consultant or anyone employed or utilized by the Contractor/Vendor /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 acceptable. Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. 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 -6 16P 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 1 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 "VA ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2007, by , as of 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: — (AFFIX OFFICIAL SEAL) NAME: GC- CA -C -1 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. _ Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: 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 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: $ 1683 Project Name) 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 A N Q U U C7 wo J 0 Q W p f z Z x U O Q 2 N - N W - C U W 02 j � e O z Z _ W w p C � W x m N ow z Z C m O N N O C N_ N .. W W N @O a 1 O U t U N W W � N J m c ~ o 0 O N f N O E O� F- 5 `o U � ww a w K o D N< Em E �t d W " ° ~ a .7 m Lu a o� U- a z a a W 20 w i n O U Q U twi N W m 2c 0 d a - O m = 3 �w o N00 L w rc F' c U y o O c N I W O r x N a 0 Q N N d � O C a' m z 0 E O N o m c r U W o N y U N U y O F- IC Q y> N � c c o m m V ct _s W 0 Z W t u W a A N Q U U C7 W I U W Q (0 `o ❑ 'E O d N N Y A a d 0 Y cn a d c c 0 U_ L X W I6B3 M Q U U 0 W d — N c R c R m V 9 O CD M ❑;ga C N — L H >1 N 7 d U — c IL v V O > d In a. d N T .O 7 j > V d d IL d CD A 0 E c Z d CL Q y e 0 (D O d Y {4 ❑ I6B3 M Q U U TO: Project Name: Bid No. : Change Order No.: Change Order Description 1683 EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: 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 (For use by Owner: Fund Cost Center: Number: ) GC- CA -E -5 Date Date: Date: Date: Date: Date: Date: Object Code Project Project Manager Recommended by: Design Professional Accepted by: Contractor Approved by: Department Director Approved by: Division Administrator Approved by: Purchasing Department Authorized by Director (For use by Owner: Fund Cost Center: Number: ) GC- CA -E -5 Date Date: Date: Date: Date: Date: Date: Object Code Project OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION n Professional's Project No. 1683 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 1683 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: 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 In Design Professional Type Name and Title W1191M CONTRACTOR accepts this Certificate of Substantial Completion on , 2007 0 CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on 2007 0 OWNER Type Name and Title GC- CA -F -2 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: _ Contractor: The following items have been secured by the for the Project known as 1683 2007 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: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: 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) By Design Professional: By Owner: GC- CA -G -1 (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 1683 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 16B3 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 k �. 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 5:00 p.m., Monday through Friday. Any lane closures must be consistent with the County's ordinance. 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 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 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 D. 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. [ei aNe:M 1683 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. reZ.ar+7•e:m • 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 ■ 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 -7 773 8. DAILY REPORTS, AS- BUILTS 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; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's 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 16B, 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. 83 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 1683 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 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. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 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 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 GC- CA -H -12 1 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. 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 sea. 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 GC- CA -H -13 16B3 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 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) GC- CA -H -14 16B3 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 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 therefore or re- letting 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 CeZ.ae_e:d67 f 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 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 therefore. 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 GC- CA -H -16 16B3 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 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 GC- CA -H -17 1683 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 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 GC- CA -H -18 16B.3 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. 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 GC- CA -H -19 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. 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 GC- CA -H -20 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 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 5.13, 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 any one 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 0 16 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. 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 16B3 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 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 (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 is 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: GC- CA -H -24 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 [erae7111WR 1683 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 13 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 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1 .6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs GC- CA -H -27 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 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 PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements '11 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, Contractor 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. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. GC- CA -H -28 16B3 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 EXHIBIT I 1693 10� SUPPLEMENTAL TERMS AND CONDITIONS The following terms and conditions supersede any terms and conditions under the General Conditions of this contract and /or policy and guidelines of Collier County Government for the purpose of this engagement only. 2. Audit Reports (49 CFR Subtitle A Part 90, 48 CFR 31 Federal Acquisitions Regulations) In the event that a 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 United States Office of Management and Budget (OMB) Circular A -133, If the recipient expends less than $500,000 in federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A -133 is not required. If a recipient expends less than $500,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A -133, the cost of the audit must be paid from non - federal funds. Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A -133 shall be submitted to the awarding FDOT office, by the recipient within 30 days of receiving it. The aforementioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. 3. Bonding and Prequalification (3 -5 7 -13, 8 -7.1 and 2 -5.1 Florida Department of Transportation Guidelines) Prequalification of Bidders Except as noted below, pre - qualify with the Department to be eligible to bid. The Department publishes regulations covering prequalification of bidders under separate cover. The Department does not require the Contractor to be pre - qualified if bidding contracts of $250,000 or less or if constructing buildings. For contracts exceeding $250,000 amount, file an application for qualification on forms furnished by the Department, giving detailed information with respect to financial resources, equipment, past record, personnel, and experience. For qualified applicants, the Department will issue a certificate fixing the types of work and the aggregate amount of work that the Department allows the pre - qualified bidder to have under contract at any one time. However for projects that exceed $250,000 and on the National Highway System or State Highway System, the contractor must be FDOT pre - qualified. Revised 2/21/07 1-1 Mi A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit the following: (a) A bid on a contract to provide any goods or services to a public entity. (b) A bid on a contract with a public entity for the construction or repair,of a public building or public work. (c) Bids on leases of real property to a public entity. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0 17 F.S, for Category Two. All restrictions apply for a period of 36 months from the date of placement on the convicted vendor list. All pre - qualified Contractors bidding on any Contract must include with their bid proposal a copy of their Certification of Current Capacity (Form 375 - 020 -22 and Status of Contract On Hand (Form 375 - 030 -21). Guaranty to Accompany Proposals The Department will not consider any proposal unless it is accompanied by a proposal guaranty of the character and amount indicated in the Advertisement, and unless it is made payable to the Florida Department of Transportation. Submit proposals with the understanding that the successful bidder shall furnish a Contract Bond pursuant to the requirements of 3 -5. Contract Bond Required General Requirements of the Bond: Upon award, furnish to the Department, and maintain in effect throughout the life of the Contract, an acceptable surety bond in a sum at least equal to the amount of the Contract. Execute such bond on the form furnished by the Department. Obtain a surety that has a resident agent in the State of Florida, meets all of the requirements of the laws of Florida and the regulations of the Department, and has the Department's approval. Ensure that the surety's resident agent's name, address, and telephone number is clearly stated on the face of the Contract Bond. On contracts of $150,000 or less, the Department may waive the requirement for all or a portion of a surety bond if it determines that the project is of a non- critical nature and nonperformance will not endanger the public health, safety, or property. The Department may require alternate means of security it if waives the requirement for a surety bond. Continued Acceptability of Surety: Provide a surety bond that remains acceptable to the Department throughout the life of the Contract. In the event that the surety executing the bond, although acceptable to the Department at the time of execution of the Contract, subsequently becomes insolvent or bankrupt, or becomes unreliable or otherwise unsatisfactory then the Department any require Revised 2/21/07 1.2 1683 that the Contractor immediately replace the surety bond with a similar bond drawn on a surety company that is reliable and acceptable to the Department. In such an event, the Department will bear all costs of the premium for the new bond, after deducting any amounts that are returned to the Contractor from his payment of premium on the original bond. Default by Contractor. In case of default on the part of the Contractor, the Department will charge against the bond all expenses for services incidental to ascertaining and collecting losses under the bond, including accounting, engineering, and legal services, together with any and all costs incurred in connection with renegotiation of the Contract. Surety to Furnish Legal Defense: The surety company shall indemnify and provide dense for the Department when called upon to do so for all claims or suits against the Department arising out of the Contract. It is expressly understood that the monetary limitation on the extent of the indemnification shall be the approved Contract amount, which amount shall be original contract amount as may be increased by subsequent Supplemental Agreements. Liability for Wrongful or Criminal Act by Contractor: The principal and surety executing the bond shall be liable to the State in any civil action that might be instituted by the Department or any officer of the State authorized in such cases, for double any amount in money or property the State might lose, or be overcharged or otherwise be defrauded of by any wrongful or criminal act of the Contractor, his agent or his employees. Execution of Contract and Bond Within 20 days after Contract award, execute the necessary agreements to enter into a contract with the Department and return the agreement along with a satisfactory surety bond and documentation evidencing all insurance required by 7 -13 to the Department's Contract Office that awarded the Contract. For each calendar day that the successful bidder is late in delivering to the Department's Contract Office all required documents in properly executed form, the Department will deduct one day from the Allowable Contract Time as specified in 8 -7.1. The Department will not be bound by any proposal until it executes the associated Contract. The Department will execute the Contract and bond in the manner stipulated in 2 -5.1. The Department will execute the Contract within 15 days after receipt of the necessary agreements and bond from the Contractor. Failure by Contractor to Execute Contract and Furnish Bond In the event that the bidder fails to execute the awarded Contract, and to file an acceptable bond, as prescribed in 3 -5 and 3 -6, within 20 days of Contract award, the Department may annul the award, causing the bidder to forfeit the proposal guaranty to the Department; not as a penalty but in liquidations of damages, sustained. The Department may then award the Contract to the next lowest responsible bidder, re- advertise, or accomplish the work using day labor. Revised 2/21/07 I -3 r 4. Buy America and Foreign Contractor and Supplier Restriction (Florida Department of Transportation Guidelines) Source of Supply Steel (Federal -Aid Contracts Only): For Federal -aid Contracts, only use steel and iron produced in the Untied States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product beginning with the initial melding and mixing and continuing through the bending and coasting stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the Untied States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, pres- stressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2500, which ever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporated into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in die Untied States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $(actual value). Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. 5. Change Orders See Exhibit H, General Terms and Conditions, Section 10. Changes in the Work, Article, 10.2 Change Order, Collier County Contract — See 6. Claims See Exhibit H, General Terms and Conditions, Section 11. Claims and Disputes, Collier County Contract — See attached contract page GC -CA- H; -11 highlighted Revised 2/21/07 I -4 7. Contractor Purchased Equipment for State or Local Ownership Provision excluded from this contract. 8. Debarment and Suspension (Collier County Purchasinq Policy) The Board shall grant authority to County staff to suspend and /or debar vendors, contractors, consultants and other interested and affected persons from active participation in obtaining County contracts. The purpose of any such action shall be to protect the County's interests and the integrity of the County's contracting process. The suspension and debarment processes shall be considered to be separate from and in addition to the award evaluation and vendor performance evaluation processes authorized elsewhere in this policy. Definition of Terms: For the purposes of this section, the following terms have been defined as follows: Affiliate refers to associated business entities or individuals that control or could control the contractor or are controlled by the contractor or could be controlled by the contractor. Civil Judgment refers to a judgment or finding of a civil offense by any court of competent jurisdiction. Contractor means any individual or legal entity that: a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a County contract for construction of for procurement of commodities and services, including professional services; or b. Conducts business, or reasonably may be expected to conduct business, with the County as an agent, surety, representative or subcontractor of another contractor. For the purposes of this section, the terms "vendor" and "consultant" shall have the same meaning as "contractor" and the term "sub consultant" shall have the same meaning as the term "subcontractor ". Conviction means a judgment or conviction of a criminal offense, felony or misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of no to contendere. Revised 2/21/07 I -5 1683 Debarment means action taken by the County to exclude a contractor from County contracting and County- approved subcontracting for a reasonable, specified period as provided herein. Preponderance of the Evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not Subcontractor: Any individual or legal entity that offers or agrees to provide commodities or services to a party deemed to be a contractor under this section. Suspension refers to action taken by the Purchasing /General Services Director (hereinafter referred to as "the PGS Director') to temporarily disqualify a contractor from County contracting or County- approved subcontracting. Suspension: The Purchasing /General Services Director shall have the authority to suspend a contractor, subcontractor or person from consideration for award of contracts if there appears to be a reasonable basis for debarment as set forth under Section XXXIX. If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. The suspension period shall not exceed three months without the approval of the County Manager. A decision to suspend by the Purchasing /General Services Director shall be considered final and conclusive with no right of appeal. Debarment: Causes for Debarment: The prospective causes for debarment include one or more of the following: a. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. b. Conviction under state or federal law of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a contractor. c. Conviction under state or federal antitrust laws arising out of the submission of bids, proposals or other competitive offers. d. Violation(s) of county contract(s) provisions, which is (are) deemed to be serious and to warrant debarment, including the failure, without good cause, to perform in accordance with the terms, conditions, specifications, scope, schedule or any other provisions of the contract(s). e. Refusal to provide bonds, insurance or other required coverages and certifications thereof within a reasonable time period. Revised 2/21/07 1 -6 f. Refusal to accept a purchase order, agreement or contract, or perform accordingly provided such order was issued timely and in conformance with the solicitation and offer received. g. Presence of principals or corporate officers in the business of concern, who were principals within another business at the time when the other business was suspended or debarred within the last three years under the provisions of this section. h. Violation of the ethical standards set forth under applicable state or county laws. i. Debarment of the contractor by another public agency. j. Any other cause deemed to be so serious and compelling as to materially affect the qualifications or integrity of the contractor. Debarment Procedure: a. The county department requesting the debarment action shall submit to the PGS Director a written complaint setting forth the reason(s) for seeking debarment and shall identify a recommended debarment period. b. The PGS Director shall review the complaint, verify whether it is compliant with the provision of this policy, direct any appropriate changes and forward the complaint to the contractor. C. The contractor shall review the complaint and shall provide a written response (with supporting documentation) to each allegation. The response shall be provided to the PGS Director within 10 (ten) business days of receipt of the allegations submittal. In the event that the contractor fails to respond to the complaint within the prescribed time period, the complaint, as forwarded to the contractor, shall become an effective debarment decision without further appeal. d. In the event that the contractor files a timely and complete response to the complaint and the debarment action is based upon a conviction, judgment or other event(s) where there is no significant dispute over material facts, the PGS Director shall determine the period of debarment on the basis of the undisputed material information set forth or referenced in the complaint, the contractor's reply and the parameters set forth in this section. In the event that the Contractor objects to the PGS Director's decision, the Contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating department and the contractor. Should the County Manager overturn the PGS Director's decision; the County Manager shall formally cite the reasons for doing so. Revised 2/21/07 1 -7 I. e. In the event that the contractor files a timely and complete reply to the complaint and where the facts are in dispute, the Purchasing Department will convene a debarment committee (hereinafter referred to as "the committee') consisting of at least three individuals who will review the complaint and the contractor's reply. The County Manager or his designee shall formally appoint the committee, which will generally consist of county employees, none of whom shall be a member of the department initiating the complaint. At the discretion of the County Manager, a member from private industry with a particular area of relevant expertise may be appointed to the committee, provided that this member is not a direct or indirect competitor of the firm in question. The Office of the County Attorney shall appoint a representative to attend the hearing. The representative shall not be considered a voting member of the committee, but shall be available to provide legal counsel to the committee as necessary. All members appointed to serve on the debarment committee shall disclose, to the PGS Director, or his designee, any actual or prospective conflicts of interest at the time of appointment or at the time in which the member becomes aware of the actual or prospective conflict. f. The PGS Director, or his designee, shall chair the committee and serve as the Purchasing Department's representative to the committee. The Purchasing representative shall preside over and facilitate the deliberations of the committee as a non - voting member and serve as the County's liaison to the Contractor in the debarment process. All voting committee members are prohibited from having any communication regarding the debarment issue outside the committee deliberations with any of the parties involved in the specific debarment or their representatives until after the committee decision has been issued or, in the event of an appeal of that decision by the Contractor, until the conclusion of the appeal process. All committee deliberations are subject to Section 286.011 F.S. g. Where the material facts are in dispute, the committee shall evaluate the evidence, judge the credibility of witnesses and base its decision upon the preponderance of the evidence. Should the contractor fail to appear at the debarment hearing, the contractor shall be presumed to be unqualified and or non - responsive and shall be subject to debarment. The committee decision shall be by a majority vote of those voting members in attendance. The committee shall be the sole trier of fact. In the event that the committee decides to impose debarment, the debarment decision will formally include, but not be strictly limited to the following information: 1) The specific reasons for the debarment; 2) The scope of the debarment; and 3) The period of debarment, including the effective and expiration dates. Revised 2/21/07 I -8 1683 The committee's decision shall be issued in writing within 20 business days of the conclusion of the hearing unless the committee extends this period for good cause. h. The PGS Director shall forward the committee's decision to the contractor and affiliates involved. Should the contractor object to the committee's decision, the contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating department, the contractor and the committee. Should the County Manager overturn the committee's decision; the County Manager shall formally cite the reasons for doing so. Debarment Period: a. At its sole discretion, the committee shall determine the period of debarment. The debarment period shall be commensurate with the severity of the cause(s) and in no event shall be the debarment period exceed five years without the approval of the Board. b. At its sole discretion, the committee (having the same or different composition) may reduce the debarment period upon a written request from the contractor to do so, based on one or more of the following reasons: 1. Newly discovered material evidence; 2. A reversal of the conviction, civil judgment or other action upon which the debarment was based; 3. Bona fide change in ownership or management; 4. Elimination of other causes for which the debarment was imposed; or 5. Other reasons that the committee might deem appropriate. The contractor's request shall be submitted to the PGS Director in writing and shall be based on one or more of the aforementioned reasons. c. The decision of the committee regarding a reduction of the debarment period is final and not subject to appeal. The Effects of Debarment: Revised 2/21/07 I -9 a. Debarred contractors are excluded from receiving County 16B3 contracts. Departments shall not solicit offers from, award contracts to, or consent to subcontractors with debarred contractors, unless the County Manager or his designee determines that emergency or single source conditions exist and grants written approval for such actions. Debarred contractors are excluded from conducting business with the County as agents, representatives, subcontractors or partners of other contractors. b. The Purchasing Department shall notify all Board departments of the final debarment decision and the effects of that decision with regard to conducting business with the debarred entity(ies) during the debarment period. Continuation of Current Contracts: a. Departments may not renew or otherwise extend the duration of current contracts with debarred contractors in place at the time of the debarment unless the PGS Director or his designee determines that it is in the best interests of the County to allow the _. contractor to continue or finish the work within an additional, limited period of time. b. Debarment shall constitute grounds for terminating an open agreement with a contractor. However, the contract manager may permit completion of an open contract(s) provided that the debarred contractor has performed in a satisfactory manner to date under the open contract(s) unless otherwise directed by the PGS Director. Restrictions on Subcontracting: a. When a debarred contractor is proposed as a subcontractor for any subcontract subject to County approval, the department shall not consent to subcontracts with such contractors unless the County Manager or his designee determines that emergency or single source conditions exist, thus justifying such consent and approves such decision. b. The County shall not be responsible for any increases in contract costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 6.a provided that the subcontractor was debarred prior to the submission of the applicable bid or proposal offer Revised 3121/07 I -10 ;P-2 The Scope of Debarment: Debarment applies to all officers, principals, directors, partners, qualifiers, divisions or other organizational elements of the debarred contractor, unless the debarment decision is limited by its terms to specific divisions, organizational elements or commodity /services. The committee's decision includes any existing affiliates of the contractor if they are specifically named and are given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the pre- existing terms of the committee's decision. EXHIBIT "P" DECLARATION OF DEBARMENT The bidder, in accordance with Section XXIX of the prevailing Collier County Purchasing Policy, (known as "Debarment and Suspension ") shall sign the appropriate declaration under this exhibit. In doing so, the undersigned hereby declares that: Name of Business 1. They are a prospective contractor, vendor, affiliate, or otherwise interested or affected party as defined under Section XXIX of the Collier County Purchasing Policy. 2. They are not nor have not been debarred or suspended by any public entity within the last five (5) years of the date of this submission. 3. Signature of this declaration constitutes a material representation of fact upon which reliance was placed when this submission was entered and evaluated. Further, should it subsequently be determined that the signatory knowingly or unknowingly rendered an erroneous declaration; the County shall reserve the right to reject the bid offer associated with this declaration and /or suspend /debar the bidder /signatory. 4. They shall provide immediate written notice to the person to whom this proposal is submitted if at any time they learn that its declaration was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. Should the proposed agreement be entered into, they shall not knowingly enter into any subcontract or supplier agreement with a person or entity who is debarred, suspended, declared ineligible, or voluntarily excluded Revised 2/21/07 I -] 1 16 IL31 from participation in this agreement, unless otherwise authorized by the Collier County Purchasing /General Services Director. The bidder shall sign the appropriate declaration below and comply with any accompanying requirements set forth therein: (A) I hereby declare that my firm nor its principals is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any public agency. Name(s) and Title(s) of Authorized Representative(s) Name of Business Authorized Signature(s) Date (B) 1 am unable to declare that my firm is in compliance with one or more statements contained within this declaration and I shall attach an explanation for determination by the Collier County Purchasing Director. Name(s) and Title(s) of Authorized Representative(s) Name of Business Authorized Signature(s) Date 9. Disadvantaged Business Enterprises (Florida Department of Transportation Guidelines) Disadvantaged Business Enterprise Program: General: Prior to award of the Contract, have an approved DBE Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three (3) years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan and commitment to carry out the Plan must be incorporated into and become a part of the awarded Contract. Failure to keep these commitments will be deemed noncompliance with these Specifications and a breach of the Contract. Take all Revised 2/21/07 1 -12 168.3 necessary and reasonable steps to ensure that FDOT Certified Disadvantaged Business Enterprises, as defined in 40 CFR Part 26 and DOT Rule Chapter 14- 78, have the opportunity to participate in, compete for and perform subcontracts. Do not discriminate on the basis of age, race, color, religion, national origin, sex or disability in the award and performance of DOT assisted Contracts. Plan Requirements: Include the following in the DBE Affirmative Action Program Plan: (a) A policy statement, expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible. The policy making body must issue a policy statement signed by the chairperson, which expresses its commitment to utilize DBEs, outlines the various levels of responsibly, and states the objectives of the program. Circulate the policy statement throughout the Contractor's organization (b) The designation of a Liaison Officer within the Contractor's organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day -to -day basis for carrying out technical assistance activities for DBEs and for - disseminating information on available business opportunities sot that DBEs are provided an equitable opportunity to participate in Contract let by the Department. Use techniques to facilitate DBE participation in contracting activities which include, but are not limited to: 1. Soliciting price quotations and arranging a time for the review of plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations. 2. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance. 3. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. 4. Encouraging eligible DBEs to apply for certification with the Department. 5. Contacting Minority Contractor Associations and city and country agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department. Revised 2/21/07 I -13 DBE Records and Reports: Submit the Anticipated DBE Participation Statement at or before the Pre - Construction Conference. Report monthly, through the Equal Opportunity Reporting System on the Department's Website, actual payments, retainage, minority status, and work type of all subcontractors and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: (a) the procedures adopted to comply with these Specifications; (b) the number of subordinated Contracts on Department projects awarded to DBEs; (c) the dollar value of the Contracts awarded to DBEs; (d) the percentage of the dollar value of all subordinated Contracts to DBEs as a percentage of the total Contract amount; (e) a description of the general categories of Contracts awarded to DBEs. (f) The specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. All such records are required to be maintained for a period of five (5) years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration. 10. Equal Employment Opportunity (Florida Department of Transportation Guidelines and US Department of Labor Employment Standards) Equal Employment Opportunity Requirements: Equal Employment Opportunity Policy: Accept as the operating policy, the following statement which is designed to further the provision of equal opportunity to all persons without regard to their age, race, color, religion, national origin, sex, or disability and to promote the full realization of equal employment opportunity through a positive continuing program: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their age, race, religion, color national origin, sex or disability. Such action must include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre- apprenticeship, and /or on- the -job training." Equal Employment Opportunity Officer: Designate and make known to the Department's contracting officers and equal employment opportunity officer (hereinafter referred to as the EEO Officer) who must be capable of effectively administering and promoting an active Contractor program employment Revised 2/21/07 1-14 1683 opportunity and who must be assigned adequate authority and responsibility to do so. Dissemination of Policy: All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities. Recruitment: When advertising for employees, include in all advertisements for employees the notation "An Equal Opportunity Employer" Personnel Actions: Establish and administer wages, working conditions, employee benefits, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination without regard to age, race, color, religion, national origin, sex, or disability. Follow the following procedures: 1. Conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. 2. Periodically evaluate the spread of wages paid with each classification to determine any evidence of discriminatory wage practices. 3. Periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence if found, promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action must include all affected persons. 4. Investigate all complaints of alleged discrimination made in connect with obligations under this Contract, attempt to resolve such complaints, and take appropriate corrective action. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action must include such other persons. Upon completion of each investigation inform every complainant of all of the avenues of appeal. Subcontracting: Use the best efforts to ensure subcontractor compliance with their equal employment opportunity policy. Records and Reports: Keep such records as are necessary to determine compliance with the equal employment opportunity obligations. The records kept will be designed to indicate the following: 1. The number of minority and non - minority group members employed in each work classification on the project. Revised 2/21/07 I -15 LM 2. The progress and efforts being made in cooperation with unions to increase minority group employment opportunities (applicable only to Contractors who rely in whole or in part on unions as a source of their work force). 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority group employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. 4. The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority group representation among their employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. All such records must be retained for a period of three years following completion of the contract work and be available at reasonable times and places for inspection by authorized representatives to the Department and the Feral Highway Administration. Upon request, submit to the Department a report of the number of minority and non - minority group employees currently engaged in each work classification required by the Contract work. Executive Order 11246, As Amended Executive Order 11246 -Equal Employment Opportunity SOURCE: The provisions of executive Order 11246 of September 24, 1965, appear at 30 FR 12319, 12935, 3 CFR, 1964 -1965 Comp., p. 339, unless otherwise noted. Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows: Part I- Nondiscrimination in Government Employment [Part I superseded by EO 11478 of August 8, 1969, 34 FR 12985, 3 CFR, 1966- 1970 Comp., p. 8031 Part II- Nondiscrimination in Employment by Government Contractors and Subcontractors Subpart A- Duties of the Secretary of Labor SEC. 201. The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and III of this Order. The Secretary shall adopt such Revised 2/21/07 1 -16 7k results and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts II and III of this Order. [Sec. 201 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Subpart B- Contractor's Agreements Sec. 202. Except in contract exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions: 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 the 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 pay or 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 by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration 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 by the agency contracting officer, advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, 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 No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. Revised 2/21/07 1 -17 1683 6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures. 7) The contractor will include 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 No. 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 may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interest of the Untied States. [Sec. 202 amended by EO 11375 of October 3, 1967, 32 FR 14303, 3 CFR, 1966- 1970 Comp., p. 684, EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec. 203. (a) Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be file within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. (b) Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive Order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. (c) Whenever the contract or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or any agency referring workers to providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agencies practices and policies affecting compliance as the Secretary of Labor may prescribe. Provided, that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall T refuse to furnish such information to the contractor, the contractor shall so certify Revised 2/21/07 I -18 to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. (d) The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information. To the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion. sex or national origin, and that the signer either affirmatively cooperate in the implementation of the policy and provisions of the Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of October 13, 1967, 32 FR 14303, 3 CFR, 10966 -1970 Comp., p. 684; EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec. 204 (a) The Secretary of Labor may, when the Secretary deems that special circumstances in the national interest so require, exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase order. (b) The Secretary of Labor may, by rule or regulation, exempt certain classes of contracts, subcontractors, or purchase orders (1) whenever work is to be or has been performed outside the Untied Sates and no recruitment of workers within the limits of the United States is invoiced; (2)_ for standard commercial supplies or raw materials; (3) involving less than specified amounts of money or specified numbers of workers; or (4) to be the extent that they involve subcontracts below a specified tier. (c) Section 202 of this Order shall not apply to a Government contractor or subcontractor that is a religion corporation, association, educational institution, or society, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Such contractor and subcontractors are not exempted or excused from complying with the other requirements contained in this Order. (d) The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a contractor that are in all respects separate and distinct Revised 2 /21/07 I -19 • a, from activities of the contractor related to the performance of the contract: provided, that such an exemption will not interfere with or impede the effectuation of the purposed of this Order: and provide further, that in the absence of such an exemption all facilities shall be covered by the provisions of this Order. [Sec. 204 amended by EO 13279 of December 9, 2002 67 FR 77141, e CFR, 2002 Comp., p. 77141- 77144] Part C- Powers and Duties of the Secretary of Labor and the Contracting Agencies Sec. 205 The Secretary of Labor shall be responsible for securing compliance by all Government contractors and subcontractors with this Order and any implementing rules or regulations. All contracting agencies shall comply with the terms of this Order and any implementing rules, regulations, or orders of the Secretary of Labor. Contracting agencies shall cooperate with the Secretary of Labor and shall furnish such information and assistance as the Secretary may require. [Sec 205- amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 206 (a) The Secretary of Labor may investigate the employment practices of any Government contractor or subcontractor to determine whether or not the contractual provisions specified I Section 202 of this Order have been violated. Such investigation shall be conducted in accordance with the procedures established by the Secretary of Labor. (b) The Secretary of Labor may receive and investigate complaints by employees or prospective employees of a Government contractor or subcontractor which allege discrimination contrary to the contractual provisions specified in Section 202 of this Order. [Sec 206 amended by EO 12086 of October 5mm 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 207 The Secretary of Labor shall use his /her best efforts, directly and through interested Federal, State, and local agencies, contractors, and all other available instrumentalities to cause any labor union engaged in work under Government contracts or any agency referring workers or providing or supervising apprenticeship or training for or in the course of such work to cooperate in the implementation of the purposes of this Order. The Secretary of Labor shall, in appropriate cases, notify the Equal Employment Opportunity Commission, the Department of Justice, or other appropriate Federal agencies whenever it has reason to believe that the practices of any such labor organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other provision of Federal law. Revised 2/21/07 I -20 w [Sec 207 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 208 (a) The Secretary of Labor, or any agency, officer, or employee in the executive branch of the Government designated by rule, regulation. Or order of the Secretary, may hold such hearings, public or private, as the Secretary may deem advisable for compliance, enforcement, or educational purposes. (b) The Secretary of Labor may hold, or cause to be held, hearing in accordance with subsection of this Section prior to imposing, ordering, or recommending the imposition of penalties and sanctions under this Order. No order for debarment of any contractor from further Government contacts under Section 209(6) shall be made without affording the contractor an opportunity for a hearing. Subpart D- Sanctions and Penalties Sec 209 In accordance with such rules, regulations, or orders as the Secretary of Labor may issue or adopt, the Secretary may: (1) Publish, or cause to be published, the names of contractors or unions which it has concluded have complied or have failed to comply with the provisions of this Order or of the rules, regulations, and orders of the Secretary of Labor. (2) Recommend to the Department of Justice that, in cases in which there is substantial or material violation or the threat of substantial or material violation of the contractual provisions set forth in Section 202 of this Order, appropriate proceedings be brought to enforce those provisions, including the enjoying, within the limitations of applicable law, of organizations, individuals, or groups who prevent directly or indirectly, or seek to present directly or indirectly, compliance with the provisions of this Order. (3) Recommend to the Equal Employment Opportunity Commission or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act o 1964. (4) Recommend to the Department of Justice that criminal proceedings be brought for the furnishing of false information to any contracting agency or to the Secretary of Labor as the case may be. (5) After consulting with the contracting agency, direct the contracting agency to cancel, terminate, suspend, or cause to be cancelled, terminated or suspended, any contract, or any portion or portions thereof, for failure of the contractor or subcontractor to comply with equal employment Revised 2/21/07 1 -21 s opportunity provisions of the contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditions upon a program for future compliance approved by the Secretary of labor. (6) Provide that any contracting agency shall refrain from entering into further contracts, or extensions or other modifications of existing contracts, with any non - complying contractor, until such contractor has satisfied the Secretary of Labor that such contractor has established and will carry out personnel and employment policies in compliance with the provisions of this Order. (b) Pursuant to rules and regulations prescribed by the Secretary of Labor, the Secretary shall make reasonable efforts, within a reasonable time limitation, to secure compliance with the contract provisions of this Order by methods of conference, conciliation, mediation, and persuasion before proceedings shall be instituted under subsection (a)(2) of this Section, or before a contract shall be cancelled or terminated in whole or in part under subsection (a)(5) of this Section. [Sec 209 amended by EO 12086 of October 5, 1978, 43FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 210 Whenever the Secretary of Labor makes a determination under Section 209, the Secretary shall promptly notify the appropriate agency. The agency shall take the action directed by the Secretary and shall report the results of the action it has taken to the Secretary of Labor within such time as the Secretary shall specify. If the contracting agency fails to take the action directed within thirty (30) days, the Secretary may take the action directly. [Sec 210 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 211 If the Secretary shall so direct, contracting agencies shall not enter into contracts with any bidder or prospective contractor unless the bidder of prospective contractor has satisfactorily complied with the provisions of this Order or submits a program for compliance acceptable to the Secretary of Labor. [Sec 211 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 212 When a contract has been cancelled or terminated under Section 209(a)(5) or a contractor has been debarred from further Government contracts under Section 209(a)(6) of this Order, because of noncompliance with the contract provisions specified in Section 202 of this Order the Secretary of Labor shall promptly notify the Comptroller General of the Untied States. Revised 2/21/07 I -22 [Sec 212 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Subpart E- Certificates of Merit Sec 213 The Secretary of labor may provide for issuance of a United States Government Certificate of Merit to employers or labor unions, or other agencies Which are or may hereafter be engaged in work under Government contracts, if the Secretary is satisfied that the personnel and employment practices of the employer, or that the personnel, training, apprenticeship, membership, grievance and representation, upgrading, and other practices and polices of the labor union or other agency conform to the purposes and provisions of this Order. Sec 214 Any Certificate of Merit may at any time be suspended or revoked by the Secretary of Labor If the holder thereof, in the judgment of the Secretary, has failed to comply with the provisions of this Order. Sec 215 The Secretary of Labor may provide for the exemption of any employer, labor union, or other agency from any reporting requirements imposed under or pursuant to this Order if such employer, labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. Part III — Nondiscrimination Provisions in Federally Assisted Construction Contracts Sec 301 Each executive department and agency, which administers a program involving Federal financial assistance shall require as a condition for the approval of any grant, contract, loan, insurance, or guarantee thereunder, which may involve a construction contract, that the applicant for Federal assistance undertake and agree to incorporate, or cause to be incorporated, into all construction contracts paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee the provisions prescribed for Government contracts by Section 202 of this Order or such modification thereof, preserving in substance the contractor's obligations thereunder, as may be approved by the Secretary of Labor, together with such additional provisions as the Secretary deems appropriate to establish and protect the interest of the United States in the enforcement of those obligations. Each such applicant shall also undertake and agree (1) to assist and cooperate actively with the Secretary of Labor in obtaining the compliance of contractors and subcontractors with those contract provisions and with the rules, regulations and relevant orders of the Secretary, (2) to obtain and to furnish to the Secretary of Labor such information as the Secretary may require for the supervision of such compliance, (3) to carry out sanctions and Revised 2/21/07 I -23 1683 penalties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of labor pursuant to Part II, Subpart D, of this Order, and (4) to refrain from entering into any contract subject to this Order, or extension or other modification of such a contract with a contractor debarred from Government contracts under Part II, Subpart D, of this Order. [Sec 301 amended by OE 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] Sec 302 (a) "Construction contract" as used in this Order means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property. (b) The provisions of Part II of this Order shall apply to such construction contracts, and for purposes of such application the administering department or agency shall be considered the contracting agency referred to therein. (c) The term "applicant" as used in this Order means an applicant for Federal assistance or, as determined by agency regulation, other program participant, with respect to whom an application for any grant, contract, loan, insurance, or guarantee is not finally acted upon prior to the effective date of this Part, and it includes such an applicant after he /she becomes a recipient of such Federal assistance. Sec 303 (a) The Secretary of Labor shall be responsible for obtaining the compliance of such applicants with their undertakings under this Order. Each administering department and agency id directed to cooperate with the Secretary of Labor and to furnish the Secretary such information and assistance as the Secretary may require in the performance of the Secretary's functions under this Order. (b) In the event an applicant fails and refuses to comply with the applicant's undertakings pursuant to this Order, the Secretary of Labor may, after consulting with the administering department or agency, take any or all of the following actions: (1) direct any administering department or agency to cancel, terminate, or suspend in whole or in part the agreement, contract or other arrangement with such applicant with respect to which the failure or refusal occurred; (2) direct any administering department or agency to refrain form extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received by the Secretary of Labor from such applicant; and (3) refer the case to the Department of Justice or the Equal Employment Opportunity Commission for appropriate law enforcement or other proceedings. (c) In no case shall action be taken with respect to an appliance pursuant to clause (1) or (2) of subsection (b) without notice and opportunity for hearing. Revised 2/21/07 1-24 1683 [Sec 303 amended by EO 12086 of October 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] Sec 304 Any executive department or agency which imposes by rule, regulation or order requirements of nondiscrimination in employment, other than requirements imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement such responsibilities with respect to compliance standards, reports, and procedures as would tend to bring the administration of such requirements into conformity with the administration of requirements imposed under this Order: Provided, that actions to effect compliance by recipients of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in conformity with the procedures and limitation prescribed in Section 602 thereof and the regulations of the administering department of agency issued thereunder. I W.UkVAkTj L. -- IFTii_79W Sec 401 The Secretary of Labor may delegate to any officer, agency, or employee in the Executive branch of the Government, any function or duty of the Secretary under Parts II and III of this Order. [Sec 401 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] Sec 402 The Secretary of Labor shall provide administrative support for the execution of the program known as the "Plans for Progress." Sec 403 Executive Orders Nos. 10590 (January 19, 1955), 10722 (August 5, 1957), 10925 (March 6, 1961), 11114 (June 22, 1963 and, 11162 (July 28, 1964), are hereby superseded and the President's Committee On Equal Employment Opportunity established by Executive Order No. 10925 is hereby abolished. All records and property in the custody of the Committee shall be transferred to the Office of Personnel Management and the Secretary of Labor, as appropriate. (b) Nothing in this Order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any Executive Order superseded by this Orders. All rules, regulations, orders, instructions, designations, and other directives issued by the President's Committee o Equal Employment Opportunity and those issued by the heads of various departments or agencies under or pursuant to any of the Executive orders superseded by this Order, shall, to the extent that they are not inconsistent with this Order, remaining in full force and effect such directives to provisions of the superseded orders shall be deemed to be references to the comparable provisions of this Order. - [Sec 403 amended by EO 12107 of December 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p 264] Revised 2/21/07 1 -25 x Sec 404 The General Services Administration shall take appropriate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of Labor. Sec 405 This Order shall be come effective thirty (30) days after the date of this Order. 11. Equipment Rental Rates (8 -1 Florida Department of Transportation Guidelines) The limitations set forth in 8 -1, concerning the amount of work that may be sublet, do not apply to work performed by equipment rental agreement. However, for any work proposed to be performed by equipment rental agreement, notify the Engineer in writing of such intention before using the rented equipment, and indicate whether the equipment will be rented on an operated or non - operated basis. Include with the written notice a listing and description of the equipment and a description of the particular work to be performed with such equipment. As an exception to the above requirements, the Department will not require written notice for equipment to be rented (without operators) from an equipment dealer or from a firm whose principal business is the renting or leasing of equipment. The operators of all rented equipment, whether rented on an operated or a non - operated basis are operators are subject to all wage rate requirements applicable to the project. When renting equipment without operators, the Contractor shall carry the operators on his own payroll. For equipment that is rented on a non - operated basis, and when required by the Contract or requested by the Engineer, furnish payrolls from the lessor with the names of the operators shown thereon. When a lessor provides rentals of equipment on an operated basis that exceed $10,000, such lessor is subject to any Equal Employment Opportunity requirements that are applicable to the project. 12. Foreign Contractor and Supplier Restriction (Florida Department of Transportation Guidelines and US Department of Labor Employment Standards) For Federal -aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFF 635.410, as amended. Ensure that all manufacturing process for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melding and mixing and continuing through the bending an coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, Revised 2/21/07 1 -26 1683 prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $(actual value). Furnish each certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. 13. Incentive /Disincentive Clauses (Collier County Policy) The County desires to expedite construction on this Contract to minimize the inconvenience to the traveling public and to reduce the time of construction. In order to achieve this, an incentive- disincentive provision is established for the Contract. The total "incentive payment" or disincentive deduction shall not exceed $ The County will pay the Contractor an "incentive payment" in the amount of $ , for each calendar day the actual completion date precedes the Original Contract Time and subject to the conditions precedent set forth below. The term "Original Contract Time" as used in this Article will mean the number of calendar days established for completion of the work in the Contract on the date the Contract was executed. The term "calendar day" as used in this Article will mean every day shown on the calendar. Calendar days will be consecutively counted from commencement of Contract Time regardless of weather, weekends, holidays, suspensions of Contractor's operations, delays or other events as described herein. For purposes of the calculation and the determination of entitlement to the "incentive payment" stated above, the Original Contract Time will not be adjusted for any reason, cause or circumstance whatsoever, regardless of fault, save and except in the instance of a catastrophic event (i.e., hurricane or a declared state of emergency). The parties anticipate that delays may be caused by or arise from any number of events during the course of the Contract, including, but. not limited to, work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, Revised 2/21/07 I -27 time extensions, extra work, right of way issues, permitting issues, actions of suppliers, subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of Contractor's operations, or other such events, forces or factors sometimes experienced in highway construction work. Such delays or events and their potential impacts on performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract, and shall not extend the Original Contract Time for purposes of calculation of the "incentive payment" set forth above. Further, any and all costs or impacts whatsoever incurred by the Contractor in accelerating the Contractor's work to overcome or absorb such delays or events in an effort to complete the Contract prior to expiration of the Original Contract Time, regardless of whether the Contractor successfully does so or not, shall be the sole responsibility of the Contractor in every instance. In the event of a catastrophic event (i.e., hurricane or a declared state of emergency) directly and substantially affecting the Contractor's operations on the Contract, the Contractor and the County shall agree as to the number of calendar days to extend the Original Contract Time so that such extended Original Contract Time will be used in calculation of the "incentive payment ". In the event the Contractor and County are unable to agree to the number of Calendar Days to extend the Original Contract Time, the County will unilaterally determine the number of calendar days to extend the Original Contract Time reasonably necessary and due solely to such catastrophic event and the Contractor shall have no right whatsoever to contest such determination, save and except that the Contractor establishes that the number of calendar days determined by the County were arbitrary or without any reasonable basis However, notwithstanding anything above to the contrary, upon the Contractor's written request being made directly to the Project Manager, with copies provided to both the Resident Construction Engineer and the District Construction Engineer, the County reserves unto the Project Manager, in his sole and absolute discretion, according to the parameters set forth below, the authority to make a determination to either fully enforce the above provisions with no modification, modify the "Original Contract Time" by moving it, or both modify the "Original Contract Time" by moving it and also modify the "incentive amount" by reducing it. No modification of this "Incentive- Disincentive" provision will be considered by the Project Manager for any impacts, whatsoever, beyond the reasonable control of the Contractor, for which the effect results in a time extension of less than 15% of the time remaining in the period from the first day of occurrence of such impact to the expiration of the "Original Contract Time ". Furthermore, as to any such impact, for which the effect results in a time extension of 15% or more of the time remaining in the period from the first day of occurrence of such impact to the expiration of the "Original Contract Time," no modification of this "Incentive - - Disincentive" provision will be considered by the Project Manager unless the Contractor clearly establishes that it has continuously from the beginning of the Revised 2/21/07 I -28 J project aggressively, efficiently and effectively pursued the achievement of the "incentive payment". This would include the utilization of any and all reasonably available means and methods to overcome all impacts and accelerate the work so as to still achieve the "incentive payment', and that, but for this impact, the Contractor would have otherwise earned the "incentive payment' provided in the original Contract. Also, to the extent the request is not submitted in writing to the Project Manager within not less than twenty (20) calendar days prior to the expiration of the "Original Contract Time," the Contractor must also continue to aggressively, efficiently, and effectively pursue the completion of the "Incentive - Disincentive" work. This would include the utilization of any and all reasonably available means and methods to overcome all impacts and accelerate the work, until a determination is made by the Project Manager or twenty (20) calendar days has expired since such written request was received by the Project Manager. There shall be no right of any kind on behalf of the Contractor to challenge or otherwise seek review or appeal in any forum, of any determination made by the Project Manager under this provision. The Contractor shall have no rights under the Contract to make any claim arising out of this incentive payment provision except as is expressly set forth in this Article. As conditions precedent to the Contractor's entitlement to any "incentive payment' the Contractor must: (1) Deliver in -hand to the County any and all claims, in full accordance with Exhibit "H" — General Terms and Conditions, Section 11 — Claims and Disputes. (2) Actually complete the Contract and obtain final acceptance by the County prior to expiration of the Original Contract Time. (3) No later than 60 days after final acceptance by the County, the Contractor must either (a) elect to be paid the "incentive payment' pursuant to (4) below, or (b) notify the County in writing that the Contractor is electing to be paid the "incentive payment" and is reserving one or more outstanding claims for final and fully binding determination in accordance with Exhibit "H" — General Terms and Conditions, Section 11 — Claims and Disputes. (3) The Contractor shall notify the County in writing, within 60 days after final acceptance of the Contract by the County, that the Contractor elects to be paid the "incentive payment' which the Contractor is eligible to be paid based on the actual final acceptance date, and such written notice shall constitute a full and complete waiver, release and acknowledgment of satisfaction by the Contractor of any and all claims, causes of action, issues, demands, disputes, matters or controversies, of any nature or kind whatsoever, known or unknown, against the County, its employees, officers, agents, representatives, consultants, and their respective employees, officers and representatives, the Contractor has or may have, including, but not limited to, work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right of way Revised 2121/07 I -29 16B� issues, permitting issues, actions of suppliers or subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of the Contractor's operations, extended or unabsorbed home office or job site overhead, lump sum maintenance of traffic adjustments, lost profits, prime mark -up on subcontractor work, acceleration costs, any and all direct and indirect costs, any other adverse impacts, events, conditions, circumstances or potential damages, on or pertaining to, or as to or arising out of the Contract. This waiver, release and acknowledgment of satisfaction shall be all- inclusive and absolute, save and except any routine County final estimating quantity adjustments. Should the Contractor fail to actually complete the Contract and obtain final acceptance by the County prior to expiration of the Original Contract Time, or should the Contractor, having timely completed the Contract and obtained final acceptance by the County prior to expiration of the Original Contract Time but having failed to timely request the "incentive payment" for any reason, and including but not limited to the Contractor choosing not to either reserve one or more outstanding claims in accordance with Exhibit "H" — General Terms and Conditions, Section 11 — Claims and Disputes for final and fully binding determination as set forth in (3)(b) above, or to fully waive, release and acknowledge satisfaction as set forth in (4) above, the Contractor shall have no right to any payment whatsoever under this Article. Notwithstanding the Contractor's election or non - election of the "incentive payment" under this provision, the disincentive provision applies to all circumstances where the work in the Contract is not finally accepted by the Allowable Contract Time. Completion and acceptance of the Contract for purposes of this Article shall be in accordance with Exhibit "H" — General Terms and Conditions, Section 20 — Completion. Should the Contractor fail to complete the Contract on or before expiration of the Allowable Contract Time, as adjusted in accordance with Exhibit "H" — General Terms and Conditions, Section 9 — Contract Time and Time Extensions, the County shall deduct $ for each calendar day completion exceeds the Allowable Contract Time, from the monies otherwise due the Contractor. The term "Allowable Contract Time" as used in this Article shall mean the Original Contract Time plus adjustments pursuant Exhibit "H" — General Terms and Conditions, Section 9 — Contract Time and Time Extensions. This deduction shall be the disincentive for the Contractor's failing to timely complete the Contract. Liquidated damages remain in effect and is applicable in accordance with Section 5 of the Construction Agreement. In the event the Contractor elects to exercise this "incentive payment" provision, should this provision conflict with any other provision of the Contract, the Contract shall be interpreted in accordance with this provision. Revised 2/21/07 1 -30 1683 14. Indian Preference On Federal -aid Projects Provision excluded from this contract. I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Payment of Predetermined Minimum Wage V. Statements and Payrolls Vl. Record of Materials Supplies and Labor VII. Subletting or Assigning the Contract VIII. Safety: Accident Prevention IX. False Statements Concerning Highway Projects X. Implementation of Clean Air Act and Federal Water Pollution Control Act XI. Certification Regarding Debarment Suspension Ineligibility, and Voluntary Exclusion XII. Certification Regarding Use of Contract Funds for Lobbying Attachments A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) 1. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; • Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. GC- CA -1 -1 _ II. NONDISCRIMINATION uJ 13 (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60 -4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his /her activities under the contract. a. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and /or on- the -job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. a. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. b. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. c. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. d. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group GC- CA -1 -2 l�uz employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. a. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) b. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. a. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. b. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. c. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. a. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on- the -job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. b. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. c. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. a. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. b. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor CCI0IINdSC? 1683 union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. c. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability, making full efforts to obtain qualified and /or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall notify all potential subcontractors and suppliers of his /her EEO obligations under this contract. a. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. b. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. The records kept by the contractor shall document the following: 1. The number of minority and non - minority group members and women employed in each work classification on the project, 2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. a. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA -1391. If on- the -job training is being required by special provision, the contractor will be required to collect and report training data. II. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where GC- CA -1 -4 � � 1 segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 0. General: All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination ") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA -1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. a. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. b. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 1. Classification: The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. GC- CA -1 -5 1683 a. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; 2. the additional classification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. with respect to helpers, when such a classification prevails in the area in which the work is performed. b. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. c. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary d. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 2. Payment of Fringe Benefits: Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. a. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he /she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 3. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his /her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which 1014CO _eQC7 16;3 its program is registered, the ratios and wage rates (expressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. a. Trainees: 1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOI_, Employment and Training Administration. 2. The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his /her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. 4. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 4. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal - aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. GC- CA -1 -7 W 16 P 3 5. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally - assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 6. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he /she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one - and - one -half times his /her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 7. Violation: Liability for Unpaid Wages, Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his /her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 8. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS GC- CA -1 -8 • i (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 0. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 1. Payrolls and Payroll Records: Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. a. The payroll records shall contain the name, social security number, and address of each such employee, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. b. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029 - 005 - 0014 -1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. c. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his /her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete, 2. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. d. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. e. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. GC- CA -1 -9 VI. VII. 0. a. 1. 2. 3. VIII. 0. 1hR-4 The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. RECORD OF MATERIALS, SUPPLIES, AND LABOR On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: Become familiar with the list of specific materials and supplies contained in Form FHWA -47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. Maintain a record of the total cost Of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA -47, and in the units shown on Form FHWA -47. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA -47 together with the data required in paragraph 1 b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. SUBLETTING OR ASSIGNING THE CONTRACT The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. SAFETY: ACCIDENT PREVENTION In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of GC- CA -1 -10 employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 1. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his /her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 2. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT GC- CA -1 -11 (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 0. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91 -604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92 -500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 1. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 2. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 3. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 0. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. a. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. b. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. c. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. d. 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 department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective primary 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 entering into this transaction. GC- CA -1 -12 f. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that 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 portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" ( Nonprocurement List) which is compiled by the General Services Administration. h. 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 participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph f 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 may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Primary Covered Transactions 10. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3 -year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 11. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. GC- CA -1 -13 R„ a R..ry a. 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. b. 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 by reason of changed circumstances. c. The terms "covered transaction," " debarred," " suspended," " ineligible," "primary covered transaction," " participant," " person," "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. d. 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. e. 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 Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. f. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that 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. g. 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 participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. h. Except for transactions authorized under paragraph e 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: 9. 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 ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 10. 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. xll. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) GC- CA -1 -14 16B3 0. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 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 Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. a. 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 Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 1. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. 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. 2. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 3. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: To the extent that qualified persons regularly residing in the area are not available. a. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. b. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 4. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 5. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 6. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1c above. 7. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. GC- CA -1 -15 16B ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Provision excluded from this contract.) 16. Liquidated Damages See Construction Agreement, Section 5B. Contract Time and Liquidated Damages, Collier County Contract —See ettactted cor(tGicpags G i;A, tt"iCOUghGG -+�A�3 17. Local Hiring Preference Provision excluded from this contract. 18. Lobbying Certification (Florida Department of Transportation Policy) "The undersigned hereby certifies, to the best of his or her knowledge and belief, that: (a) 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 either directly or in- directly an officer or employees of any state or federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewals, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (b) 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, and officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -L "Disclosure Form to Report Lobbying ", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by section 1352, title 31, US Code. Any person(s) 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 failure." 19. Award and Execution of Contract (Method of construction (or method of bidding). See Section 12, Part B. Instruction to Bidders, 12.2. — See attached contract page GC -113 -5 highlighted. GC- CA -1 -16 20. Non - collusion Provision (Florida Department of Transportation Guidelines) The undersigned hereby certifies, to the best of his or her knowledge and belief, that on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm association, or corporation has not, either directly of indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Failure to submit the executed statement as part of the bidding documents will make the bid non- responsive and not eligible for ward consideration. 21. Owner Force Account/Cost Effective Justification Provision excluded from this contract 22. Patented /Proprietary Materials Provision excluded from this contract 23. Prevailing Minimum Wage For this contract, payment of predetermined minimum wages applies. The U.S. Department of Labor Wage Rates applicable to this Contract are listed in Wage Rate Decision Number(s) FL, as modified up through ten days prior to the opening of bids. Date: February 9, 2007 General Decision Number: FL20070039 02/09/2007 Superseded General Decision Number: FL20030039 State: Florida Construction Types: Highway Counties: Brevard, Collier, Hernando, Hillsborough, Lee, Manatee, Martin, Orange, Osceola, Pasco, Pinellas, Polk, Sarasota, Seminole and St Lucie Counties in Florida. EXCLUDING CAPE CANAVERAL AIR FORCE STATION, PATRICK AIR FORCE BASE, KENNEDY SPLACE FLIGHT CENTER AND MELABAR RADAR SITE HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects, & railroad construction; bascule, suspension & spandrel arch bridges; bridges designed for commercial navigation; bridges involving marine construction; & other major bridges. Modification Number Publication Date 0 02/09/2007 SUFL1993 -012 08/01/1993 Rates Fringes GC- CA -1 -17 • e � e Bricklayer (Manhole) .......... $ 9.02 Carpenter ..................... $ 9.71 Concrete Finisher.......... $ 8.91 Electrician ..................... $ 13.42 Fence Erector ................ $ 7.75 Form Setter .................... $ 7.76 Guardrail erector............ $ 7.95 Ironworkers: Reinforcing ................. $ 12.37 Structural .................. $ 6.60 Kettleman ...................... $ 7.34 Laborers: Asphalt Raker ............... $ 7.23 Pipelayer ................... $ 8.01 Unskilled ................... $ 6.60 Painters: Blaster ..................... $ 10.72 Power equipment operators: Asphalt Distributor......... $ 7.39 Asphalt Paving Machine...... $ 8.23 Asphalt Plant Operator..... .$ 6.83 Asphalt Screed .............. $ 7.68 Backhoe ..................... $ 9.00 Boom-Auger... ............... $ 9.40 Bulldozer ................... $ 8.42 Concrete Curb Machine....... $ 8.50 Concrete Groover /Grinder.... $ 9.00 Concrete Joint Saw.......... $ 9.97 Concrete Mixer Operator..... $ 6.63 Concrete Paving Finish Machine ..................... $ 8.50 Concrete Pump Op............ $ 13.00 Crane, Derrick, or Dragline .................... $ 11.53 Earthmover .................. $ 7.78 GC- CA -1 -18 16B3 Fork Lift ................... $ 7.63 Front End Loader............ $ 8.00 Gradall ..................... $ 8.76 Grade Checker ............... $ 6.60 Guardrail Post Driver....... $ 10.78 Mechanic .................... $ 9.52 Milling Machine ............. $ 8.76 Milling Machine Grade Checker ..................... $ 7.03 Motor Grader ................ $ 9.54 Mulching Machine............ $ 6.70 Oiler, Greaseman............ $ 7.21 Pavement Striping Machine ..................... $ 11.04 Paving Striping Machine Nozzleman ................... $ 7.50 Piledriver Leadsman......... $ 9.75 Piledriver Operator......... $ 10.82 Power Subgrade Mixer........ $ 7.63 Rollers: Finish .................... $ 7.24 Rough .................... $ 6.70 Self- Prop., Rubber Tire ...................... $ 7.01 Scraper ..................... $ 7.33 Sign Erector ................ $ 13.27 Small tool .................. $ 7.33 Tractors: 80 HP or less ............. $ 6.60 Light ..................... $ 6.76 Over 80 HP ................ $ 10.62 Trenching Machine........... $ 8.00 Widening Spreader Machine ..................... $ 7.52 Traffic Controller TRAFFIC CONTROL SPECIALIST .................. $ 7.15 TRAFFIC SIGNALIZATION : Installer ................. $ 9.70 Mechanic .................. $ 13.25 Truck drivers: Lowboy ...................... $ 8.02 Multi -Rear Axle ............. $ 9.79 Single Rear Axle............ $ 6.70 GC- CA -1 -19 • w WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U-S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 GC- CA -1 -20 1683 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. 24. Progress Payments See Exhibit H, Article 4. Progress Payments, Collier County Contract — See 25. Prohibition Against Convict Produced Materials (Florida Department of Transportation Guidelines) Source of Supply- Convict Labor (Federal -Aid Contracts Only): Do not use materials that were produced after July 1, 1991, by convict labor for Federal -aid highway construction projects unless the prison facility has been producing convict -made materials for Federal -aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991, b convicts on Federal -aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal -aid highway construction projects to: (1) materials produced by convicts o parole, supervised release, or probation from a prison or, (2) materials produced in a qualified prison facility. The amount of such materials produced for Federal -aid highway construction during any 12 -month period shall not exceed the amount produced in such facility for use in such construction during the 12 -month period ending July 1, 1987. GC- CA -1 -21 26. Public Agencies in Competition with the Private Sector The County does not allow other Public Agencies to compete with or bid on construction projects against the private sector. 27. Publicly Owned Equipment The County does not allow Contractors the use of publicly owned equipment. 28. Records Retention Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for proper audit of costs. If any litigation, claim or audit is started before the expiration of the five (50 year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Costs Incurred for the Project. The Agency shall charge to the project account all — eligible costs of the project. Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 29. Salvage Credits Provision excluded from this contract. 30. Standardized Changes Conditions Contract Clauses — Differing site conditions. (i) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. (ii) Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in GC- CA -1 -22 1683 writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. (iv) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. Suspensions of work ordered by the engineer. (i) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and /or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (ii) Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and /or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. (iv) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. Significant changes in the character of work. (i) The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. (ii) If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. (iii) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. GC- CA -1 -23 16B3 (iv) The term "significant change" shall be construed to apply only to the following circumstances: (A) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or (B) When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 31. Standard Specifications and Plans See Exhibit M, Plans and Specifications, Collier County Contract 32. State Preference Provision are excluded from this contract. 33. State /Local Owned /Furnished /Designated Materials Provisions are excluded from this contract. 34. Subcontracting See Exhibit H, General Terms and Conditions, Section 33. Subcontracts, Collier County Contract — See aftaehetl "contracfpages GC cA -F{ 26' .: fhrbiagh GG CA H= 27 35. Termination of Contract See Exhibit H, General Terms and Conditions, Section 18. Termination for Default and Section 19. Termination for Convenience and Suspension, Collier County Contract — Seea tach�d,contract pages A -H _CG -C 15 ` • through GC -CE 16' 36. Time Extensions See Exhibit H, General Terms and Conditions, Section 9. Contract Time and Extensions, Collier County Contract— See<attached contract pagte CA H -9; fhrough GC GA =H -10 GC- CA -1 -24 . 6 D EXHIBIT J TECHNICAL SPECIFICATIONS EXHIBIT J -1 TECHNICAL SPECIFICATIONS — ROADWAY THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) "STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION" 2007 EDITION, AS AMENDED TO DATE, AND THE FOLLOWING SPECIAL PROVISIONS AMENDING THE STANDARD SPECIFICATIONS, ARE HEREBY ADOPTED AND MADE A PART OF THE CONTRACT DOCUMENTS. IN CASES OF DISCREPANCY, THE GOVERNING ORDER OF THE DOCUMENTS SHALL BE AS FOLLOWS: 1. Advertisement for bids, instructions to bidders, proposal, contract form, payment and performance bond. 2. Construction Plans 3. Technical Specifications 4. FDOT 2006 Design Standards 5. FDOT Standard Specifications for Roadway and Bridge Construction GENERAL NOTE: Many sections within Division I of the FDOT Standard Specifications for Road and Bridge Construction, 2007 Edition, have been deleted by this Exhibit J -1, and in some cases replaced by provisions within Exhibit H. For the Contractor's convenience, the Owner has attempted to identify the provisions(s) in Exhibit H replacing the deleted sections. However, the Contractor is responsible for reviewing all contract documents and the Owner's failure to cross reference a deleted section with its replacement section or sections in Exhibit H shall not relieve the Contractor from complying with the requirements included in Exhibit H. If a section within the FDOT Standard Specifications for Road and Bridge Construction, 2007 Edition, is deleted by this Exhibit J -1 and there is no corresponding replacement provision within Exhibit H, that section is deleted and not applicable to this project. Any references in Division II to sections within Division I which have been deleted and replaced by provisions in Exhibit H shall be treated as references to the applicable sections within Exhibit H. erae_edi 1683 LIST OF REVISIONS TO THE FDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, 2007 EDITION DIVISIONI ............................................................................. ..............................3 GENERAL REQUIREMENTS AND COVENANTS ........................ ............................... 3 SECTION 1 - DEFINITIONS AND TERMS .................................. ............................... 3 SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS ............................. 4 SECTION 3 -AWARD AND EXECUTION OF CONTRACTS ...... ............................... 4 SECTION4 - SCOPE OF WORK ................................................ ............................... 4 SECTION 5 - CONTROL OF THE WORK ................................... ............................... 4 SECTION 7 -LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC... 5 SECTION 8 - PROSECUTION AND PROGRESS ....................... ............................... 7 SECTION 9 - MEASUREMENT AND PAYMENT ...................... ............................... 10 DIVISIONII ............................................................................ .............................11 CONSTRUCTIONDETAILS .......................................................... ............................... 11 SECTION 100 - CONSTRUCTION EQUIPMENT - GENERAL REQUIREMENTS... 11 SECTION 110 -CLEARING AND GRUBBING .......................... ..............................Al SECTION 120 - EXCAVATION AND EMBANKMENT ................. .............................12 SECTION 125 - EXCAVATIONS FOR STRUCTURES AND PIPE ........................... 12 SECTION 280 - ASPHALT BASE COURSES .......................... ............................... 13 SECTION 331 - TYPE S ASPHALT CONCRETE ..................... ............................... 13 SECTION 430 - PIPE CULVERTS AND STORM SEWERS ...... ............................... 13 SECTION 575 - SODDING ....................................................... ............................... 13 SECTION 700 - HIGHWAY SIGNING ....................................... ............................... 14 SECTION 710 - PAINTED PAVEMENT MARKINGS ................. ............................... 15 w.ay_aqm SPECIAL PROVISIONS DIVISION I GENERAL REQUIREMENTS AND COVENANTS SECTION 1 — DEFINITIONS AND TERMS ARTICLE 1 -3 Advertisement - Delete the definition of this term in its entirety and substitute the following in lieu thereof. "Advertisement. An official Notice to Contractors stating the time and place for submission of sealed proposals on designated projects or proposed work. This notice contains a description of the proposed work, instructions to the bidder regarding proposal forms, proposal guaranty, plans, specifications, and the reservation of the right of the County to reject any or all bids." ARTICLE 1 -3 Change Order - Change the first line and part of the second line of this definition to read as follows: "Change Order. A written order issued by the Engineer to the Contractor covering minor changes in the plans..." ARTICLE 1 -3 Department - delete the definition of this term in its entirety and substitute the following: "Collier County Board of County Commissioners ". ARTICLE 1- 3Engineer - Delete the first four (4) words of the first sentence and substitute the following in lieu thereof: "The Transportation Administrator, Collier County, Florida, or his designee... "....... ARTICLE 1 -3 Holidays - Delete the definition of this term in its entirety and substitute the following in lieu thereof..- "Holidays. Days designated by the Board of County Commissioners, Collier County, Florida" ARTICLE 1 -3 Laboratory - Delete the definition of this term in its entirety and substitute the following in lieu thereof. "Laboratory - The official testing laboratories of Collier County or other such laboratories as may be designated by the Engineer." GC- CA -K -3 ARTICLE 1 -3 Secretary- Delete the definition of this term in its entirety and substitute the following in lieu thereof., "1 -3 Chairman. The Chairman, Board of County Commissioners, Collier County, Florida, acting directly or through either the County Manager or the Transportation Administrator." ARTICLE 1 -3 State - Delete the title and provision of this article in its entirety and substitute the following in lieu thereof. "1 -3 County. The Board of County Commissioners, Collier County, Florida, as Owner." SECTION 2 — PROPOSAL REQUIREMENTS AND CONDITIONS ARTICLE 2 -1 THRU 2 -12 Delete Section 2 in its entirety and refer to "Instructions to Bidders ", Parts `B" & "C of the Agreement. SECTION 3 —AWARD AND EXECUTION OF CONTRACT ARTICLE 3 -1 THRU 3 -9 Delete Section 3 in its entirety and refer to "Instructions to Bidders ", Parts `B" & "C" of the Agreement. SECTION 4 — SCOPE OF WORK ARTICLE 4 -1 THRU 4 -6 Delete Section 4 in its entirety and refer to the `Agreement, Part "D" of the Agreement. SECTION 5 — CONTROL OF THE WORK ARTICLE 5 -1 Delete in its entirety. See Exhibit H. ARTICLE 5 -2 Delete in its entirety. See Section 1.3 in Exhibit H. ARTICLE 5 -3 Delete in its entirety. See Section 1.1 and Section 23 in Exhibit H. ARTICLE 54 Delete in its entirety. See Section 1.2 in Exhibit H. ARTICLE 5 -5 Delete the provision of this article in its entirety and substitute the following in lieu thereof. "The Engineer shall order changes and execute supplemental agreements as he may decide as provided for under the Sections of these specifications. The provisions of this article or elsewhere in this Contract regarding administration by the Owner or action taken pursuant thereto are not intended to and shall not relieve the Contractor of his responsibility for the management of the work either as regards sufficiency or the time of performance." Subarticle 5 -7.6 Delete the provisions of this article in their entirety and substitute the following in lieu thereof- GC-CA-K-4 1683 "The cost of performing construction surveying and layout work as described herein shall be included in the various work items to which it is incidental. No additional payment shall be made for it. Additional construction surveying and layout work necessitated as a result of authorized increases in contract pay quantities shall be included in the affected contract unit prices. No separate payments shall be authorized by the Engineer ". ARTICLE 5 -8 Delete in its entirety. See Section 24 in Exhibit H. ARTICLE 5 -9 Delete in its entirety. See Section 22 & 23 in Exhibit H. ARTICLE 5 -10 Delete in its entirety. See Section 20 in Exhibit H. ARTICLE 5 -11 Delete in its entirety. See Section 20 in Exhibit H. ARTICLE 5 -12 Delete in its entirety. See Section 11 in Exhibit H. ARTICLE 5 -13 Delete in its entirety. See Section 11 in Exhibit H. SECTION 7 — LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC Subarticle 7 -1.1 The following paragraph is to be added at the end of this sub- article: "The Contractor's attention is directed to the fact that the noise generated by his construction equipment and /or operations must comply with all applicable Federal, State and local environmental regulations. In the event noise sensitive sites are identified during construction, the County may direct that effective and /or additional abatement measures be utilized. The Contractor shall specifically comply with Collier County Ordinance 77 -4 as amended. No additional or separate payment shall be authorized to comply with the required abatement measures contained in this ordinance." Add the following subarticle to Article 7 -2: Subarticle 7 -2.2.1 7-2.2.1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) PERMIT CONDITIONS: Storm Water Pollution Prevention Plan (PPP): The Owner shall be responsible for developing the PPP in accordance with the terms and conditions of the U.S. Environmental Protection Agency's NPDES General Permits for Storm Water discharges associated with Construction Activities. The Contractor, and his subcontractors, shall be responsible for implementing the best management practices and measures identified in the PPP. The Contractor, and any sub - °' contractor must acknowledge that he understands the terms and conditions of the EPA NPDES General Permit. The Contractor and his subcontractors shall make such CC- CA -K -5 certification in the attached form entitled "Contractor's Certification Pollution Prevention Plan (J- 1 -6)." Such certification shall be made part of this contract document. ARTICLE 7 -5 Delete the provisions of this article in their entirety and substitute the following in lieu thereof.' 117 -5 Restoration of Surfaces Opened by Permit. The Owner reserves the right to allow parties other than the Contractor or its subcontractors, upon presentation of a duly authorized and satisfactory Collier County Rights -of -Way Permit, to make openings in the existing highway within the limits of construction. In all such instances, the Contractor will afford parties bearing such permits reasonable opportunity for the proper execution of the work under Permit including the right to store materials and equipment. All parties authorized to perform work within the right -of -way shall make, in an acceptable manner, all necessary repairs due to such openings and such work ordered by the Engineer shall be subject to the conditions specified in Collier County Ordinance No. 82 -91." CONTRACTOR'S CERTIFICATION POLLUTION PREVENTION PLAN Facility Identification Facility Name: Immokalee Road (C. R. 846) Shoulder Improvements Project No. 60016 Owner: Collier County Board of County Commissioners Facility Location: Naples, Florida City: Naples County: Collier State: Florida Latitude 26 120'00" Longitude: 81 137'11" Section: 26 Township: 47S Range: 27E Certification Statement I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharge associated with industrial activity from the construction site identified as part of this certification. (The certification must be signed by a responsible corporate officer which means a: 1) president, secretary, treasurer, or vice - president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision - making functions for the corporation or 2) for a partnership or sole proprietorship, by a general partner or the proprietor.) GC- CA -K -6 i For: (Type name of company) By: (Principal's Signature) Name: (Print or Type) Title: (Print or Type) Telephone No: (Date) Subarticle 7 -7.2 Expand this subarticle as follows: "The Contractor's attention is directed to the fact that it will be his responsibility to determine the means of transport of the oversize and /or overweight structural members from the site of casting of fabrication to the project site." ARTICLE 7 -9 Add the following to this article: "The Contractor must obtain written authorization from the Engineer prior to undertaking any work associated with the use of explosives. All such operations shall be performed in compliance with Collier County Ordinance No. 73 -11 and No. 82 -94, as may be amended. Rock excavation shall be attempted without blasting." Subarticle 7 -11.1 The following is added to this subarticle "Damage to Collier County Water -Sewer District pipelines and structures shall be repaired in accordance to the Collier County Utilities Standards and Procedures Ordinance No. 97 -17 and all amendments thereto. All other property damaged shall be restored to a condition similar or equal to that existing before such damage or injury was done by the Contractor, and at his own expense, or he shall make good such damage or injury in an acceptable manner." Subarticle 7 -12.1 Delete this subarticle in its entirety. See Section 13 in Exhibit H. ARTICLE 7 -13 Delete this article in its entirety. See Section 13 in Exhibit H, and Exhibit B "Insurance Requirements ". ARTICLE 7 -14 Delete this article in its entirety. See Section 25 in Exhibit H. ARTICLE 7 -16 Delete this article in its entirety. GC- CA -K -7 ARTICLE 7 -17 Delete the provisions of this article in their entirety and substitute the following in lieu thereof. "Supplemental Agreements (inclusive of Change Orders) shall be authorized in accordance with purchasing policies adopted by the Owner." SECTION 8 — PROSECUTION AND PROGRESS Subarticle 8 -3.1 Delete this subarticle in its entirety Subarticle 8 -3.2 Delete the provisions of this subarticle in their entirety. See Section 3 in Exhibit H. Subarticle 8 -3.3 In the last line delete the phrase "30 days" and substitute the phrase "90 days" in lieu thereof. Subarticle 8 -3.5 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof.' "After the award of contract and prior to the issuance of the 'Notice to Proceed with Contract Work', a conference will be held to discuss the date for the 'Notice to Proceed' and the effective date to be contained therein, to establish procedures for handling shop drawings and other submissions and for processing applications for payment, and to establish a working understanding between the parties as to Contractor's project management responsibilities. Present at the conference will be the Contractor and his Subcontractors, Utility companies and the Engineer. The time and place of this conference will be set by the Engineer. The Contractor shall be represented at the conference by a person authorized to speak on behalf of the Contractor, together with all of the Contractor's supervisory personnel who will be on the project continually; and shall submit all required plans, sketches, data and other material at that time as specified in the special provisions and standard specifications. The Contractor shall submit the following minimum information to the Engineer for his review and approval on or prior to the date established for the pre - construction conference: a. Name /qualifications of the Contractor's proposed full -time superintendent. b. Name qualifications of the Contractor's representative for implementing and maintaining the Maintenance of Traffic plan during construction. C. Listing /qualifications of the Contractor's proposed subcontractors. d. Project Schedule. e. Maintenance of Traffic plan. f. Quality Control by the Contractor per section 330 -2 of the standard specifications. g. Type /location of Contractor's proposed field office if part of the Contract. h. Name /qualifications of Contractor's registered land surveyor and /or non - registered Land surveyor. i. Name /qualifications or Contractor's safety officer. GC- CA -K -8 161 Subarticle 8.3.6 Add the following new subarticle to article 8 -3. "8 -3.6 Progress Meetings: The Contractor shall attend regular progress meetings with and between the Owner field representatives and those of the Contractor, subcontractors, utility companies, and other parties having an interest in the Contract. The progress meetings shall be hosted by the Owner and held at locations to be mutually agreed upon by the Owner and the Contractor at two (2) week intervals, unless otherwise required by specific construction conditions. The purpose of such meetings shall include, but not be limited to, discussing all general aspects of the project and specifically addressing problem areas, schedules, progress payments, and other construction related items and issues. The Contractor is further obligated to assign a person to each progress meeting for the express purpose of taking and formally documenting the minutes of the meetings. The Contractor shall submit formal minutes of each progress meeting in typed format to the Engineer for his review and approval no later than seven (7) calendar days after the date on which each meeting was held. The Contractor and the Engineer shall sign the minutes documents prior to distribution to all attendees." Subarticle 8 -4.1.1 Add the following new subarticle to article 8 -4.1. "8 -4.1.1 Holiday and weekend work: If work is authorized by the Engineer on holidays and weekends, the Contractor shall notify the Engineer seventy two (72) hours in advance of the time and date on which the Contractor or any of his subcontractors propose to perform work during such time periods to afford the Engineer ample time to effectively schedule his inspection personnel in accordance with the Contractor's timetable." Subarticle 8 -4.2 Add the following to this subarticle: "Specific requirements pertaining to the sequence of operations for constructing the project and maintaining traffic shall be included in the Contractor's project schedule." Subarticle 8 -4.4 Delete the first paragraph in its entirety and substitute the following in lieu thereof. "The Contractor shall schedule his work, dispose of his materials, and operate his equipment in a manner so as to not interfere with or delay the operations of other contractors engaged in work within or adjacent to the limits of construction under this Contract. Also, the Contractor shall, in accordance with the intent and spirit of the plans and specifications, coordinate and join his work to that of other contractors in the proper sequence as may be directed by the Engineer. "Other Contractors" as stated above shall mean the County, utility companies, or other general Contractors authorized by, or having separate agreements, with Collier County or the State of Florida Department of Transportation." Subarticle 8 -6.3 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof- "8-6.3 Permission to Suspend Contractor's Operations: The Contractor is not authorized to suspend or cease construction activities, operations, or maintenance of constructed improvements, nor remove equipment or materials necessary for the GC- CA -K -9 1683 uninterrupted continuance of the work, unless such suspensions or cessations of work are approved by the Engineer in writing. When the Prime Contractor's operations encounter or expose any abnormal condition which may indicate the presence of a hazardous waste, toxic waste, or contaminants, such operations shall cease immediately in the vicinity of the abnormal condition and the Engineer shall be notified. The presence of tanks or barrels; discolored earth, metal, wood, ground water, etc., visible fumes, abnormal odors; excessively hot earth; smoke; or other conditions which appear abnormal may be indicators of hazardous or toxic wastes or contaminants and shall be treated with extraordinary caution. Every effort shall be made by the Contractor to minimize the spread of any contamination into uncontaminated areas. The Contractor will immediately provide for the health and safety of all workers at the job site, as well as making any provisions necessary for the health and safety of the public that may be exposed to any potentially hazardous conditions. Such provisions shall be according to any applicable laws, rules or regulation covering the hazardous conditions and will be in a manner commensurate with the gravity of the conditions. The Contractor will provide access to the area of the potential contamination. Preliminary investigation by the County will determine what course of action will be necessary for the security of the site and what steps are necessary under applicable laws, rules, and regulations for additional assessment and /or remediation work to resolve the contamination issue. The County will, as soon as possible, delineate the area(s) of contamination, any staging or holding area that may be required in conjunction with his work, and, in cooperation with the Contractor and Engineer, develop a work plan that will provide a schedule of the County's operations with projected completion dates for the final resolution of the contamination issue. Upon delineation of the contaminated areas and any staging holding areas associated therewith, the County shall maintain jurisdiction over all activities therein. The Contractor will also be responsible for providing continuous access to these areas for the County and for representatives of any regulatory or enforcement agency having jurisdiction. The aforementioned schedule shall be used by both Contractor and County as a basis for planning the completion of both work efforts. Contract time extensions may be granted by the Engineer to the Contractor according to the provisions of 8- 7.3.2. It will be the responsibility of the Contractor to cooperate with the County to expedite the integration of the County's operations into the construction project. The Contractor will not be expected to engage in routine construction activities such as excavating, grading, or any type of soil manipulation, or in any construction processes that may be required to accommodate a construction feature if the handling of contaminated soil, surface water or ground water is involved in the process. All such routine construction activities will be by the County. Adjustments to quantities or to contract unit prices will be made according to any additions or reductions of work on the part of the Contractor in accordance with Article 9 -3 and Exhibit "H" of the Agreement. Under no circumstances will the Contractor resume operations in the affected area until so directed by the Engineer." Subarticle 8 -10.1 Delete this subarticle in its entirety GC- CA -K -10 SECTION 9 — MEASUREMENT AND PAYMENT Subarticle 9.5.1 Delete the third paragraph of this subarticle and substitute the following: The Owner will determine the amount retained in accordance with the following schedule: Percentage of Contract Amount Completed Amount Retained 0% to 50% 10% of value of Contract Amount work completed 50% to 100% 0% of value of work exceeding 50% of Contract Amount Subarticle 9 -5.4 Delete the first paragraph of this subarticle and substitute the following: "When the Engineer has given the Contractor a written Notice of Final Acceptance, and the Contractor has furnished to the County all submittals required by the Contract such as invoices, materials certifications, etc. (excluding Contractor's letter of acceptance of final amount due) and the Engineer has determined that the measurement and computation of pay quantities is correct, the retainage may be reduced to $1,000.00 plus any amount the County elects to deduct for unsatisfied claims for labor or material or for defective work as provided in 9 -5.3." Subarticle 9 -5.5.1 Add the following condition to the second paragraph: "(7) The Engineer will not authorize partial payments for materials stockpiled until such time as the Contractor furnishes the County evidence of legal title for the materials under consideration, free of liens or encumbrances of any kind. In addition to the receipt of certified invoices to document the value of materials received, the Engineer may request a properly executed Affidavit or Release of Lien attesting to the purchase of such materials." Subarticle 9 -5.6 Delete the first paragraph in its entirety and substitute the following: "The prime Contractor shall certify that all subcontractors having an interest in the Contract were paid for satisfactory performance of their Contracts and that the retainage is returned to subcontractors within 30 days after satisfactory completion of all the subcontractor's work and materials furnished." Subarticle 9 -6.1 Add a second paragraph that states the following: "Not later than one month after the date of completion of the project, the Contractor shall furnish to the Engineer a certification of construction materials procured for the project by the prime and all subcontractors. This certification shall consist of a summary showing the quantity, unit of measure and kind of material, name of supplier and inclusive dates of purchase and shall include an affidavit, all to be completed on forms which are to be furnished by the Engineer or copies made therefrom." GC- CA -K -11 16;3 ARTICLE 9 -8 Delete the provisions of the second paragraph in their entirety. Delete the provision of Paragraphs (t), (g) and (h) in their entirety. ARTICLE 9 -9 Delete the provisions of this article in their entirety and substitute the following in lieu thereof- "9-9 Payments (1) As used in this article the terms "dispute" or "pending claim" refer to a dispute or pending claim between the Prime Contractor and the Owner." (2) The Engineer will petition the Board of County Commissioners to authorize Release of Final Payment within ninety (90) days of receipt by the Engineer of all documents which are required by the Contract from the Contractor with the exception of the Affidavit and Release of all Claims, and the receipt of a consent letter from the Contractor's Surety for release of payment of the retained percentage and final estimate to the Contractor. Should the Contractor, due to his own actions, fail to return the Affidavit and Release of all Claims and the Surety's consent to the Engineer, within sixty (60) days of the above established date, then Final Payment will be made by the Board of County Commissioners within thirty (30) days of receipt by the Engineer of said documents. Final Payment shall not be made as to any amount which is in dispute or the subject of a pending claim; and provided further, that Final Payment shall be so made as to that subject of a pending claim; and provided further, that Final Payment shall be so made as to that portion of a Contract or those amounts which are not in dispute or the subject of a pending claim. Such partial payments, however, shall not constitute any bar, admission or, estoppel, or have any effect as to those payments in dispute or the subject of a pending claim. The Contractor will receive the Final Payment within ninety (90) days of receipt of all documents required by the Contract or within thirty (30) days after receipt of the Affidavit and Release of all Claims and the Surety's consent to the Engineer, if authorization for Release of final Payment is given by the Board of County Commissioners pursuant to Section 8 -11. ARTICLE 9 -11 Add the following article to Section 9. "9 -11 Final Affidavit and Release of all Claims by Contractor. Upon completion of the work and before the Final Payment is made, the Contractor shall execute an Affidavit and Release of All Claims in favor of the Owner in the manner and on the form as contained in the contract documents." ARTICLE 9 -12 Add the following article to Section 9 "Before Final Payment will be approved, the Contractor shall furnish to the Owner a guarantee in the form as found in the contract documents ". GC- CA -K -12 DIVISION II CONSTRUCTION DETAILS 1683 SECTION 100 — CONSTRUCTION EQUIPMENT— GENERAL REQUIREMENTS Subarticle 100 -2.1 This subarticle is expanded as follows: The Contractor is hereby responsible to provide, operate, and maintain all equipment (motor vehicles, mechanized equipment, and marine operations) in strict conformance with Part 1926: Safety and Health Regulations for Construction of the 29 Code of Federal Regulations (29 CFR) as published by the U.S. Department of Labor, Occupational Safety and Health Administration. SECTION 110 - CLEARING AND GRUBBING Subarticle 110 -2.4 Delete the provisions of this article and substitute the following in lieu thereof: "The Contractor shall remove and dispose of all boulders encountered within the limits of construction and which shall not be incorporated into the embankment, as specified under Section 120." SECTION 120 — EXCAVATION AND EMBANKMENT, Subarticle 120 -4.2 Add the following new paragraph to this subarticle: "Existing suitable bituminous hot mix and surface treatment pavement materials which are not suitable for Reclaimed Asphalt Pavement may be incorporated into the twelve (12) inch thick subgrade as a stabilizing additive, subject to the provisions of Sections 160 and 914 of the Standard Specifications and approval of the Engineer. Existing pavement materials may also be used in the embankment subject to the provisions of Section 120 of the Standard Specifications." Subarticle 120 -6.2 Add the following new paragraph to this subarticle: "Appropriate embankment materials shall be obtained from off -site areas furnished by the Contractor. As such, it shall be the Contractor's responsibility to secure the necessary laboratory test, rights, permits etc. to ensure compliance with these specifications and local (County) and State laws, rules, ordinances, policies and the like pertaining to borrow pits." Subarticle 120 -8.2.5 Add the following new subarticle. "120- 82.5. Placing Inside Standard Minimum Slope: All embankment material obtained from off -site borrow areas to be used for normal embankment construction e7O3"7 101191 1683 inside the standard minimum slope (approximately 2 to 1) shall have a limerock bearing ration (LBR) strength of at least thirty -five (35)." SECTION 125 — EXCAVATION FOR STRUCTURES AND PIPE ARTICLE 125 -1 Add the following after the second to last sentence: "This section also includes the satisfactory removal of rock strata or rock boulders as may be encountered within the necessary excavation limits for bridge foundations, box culverts, pipe culverts, storm sewers, side drains, cross drains, and other similar structures indicated in the plans or listed in the first sentence herein, including the replacement of select fill (compacted) in areas of over - excavation." ARTICLE 125 -13 Add the following statement: 'The cost of excavating all types of materials (unclassified) including the blasting and removal of rock shall be included in the Contract pay items for structures as contained in the proposal for this project. Subarticle 125 -14.4 Delete the provisions of this subarticle in their entirety and substitute the following in lieu thereof: "The work of strengthening foundations (as provided in 125 -4.2) shall not be paid for separately, but rather the costs of undertaking such work shall be included in the various Contract items requiring excavation." Subarticle 125 -14.8 Delete this subarticle in its entirety and substitute the following in lieu thereof: "125 -14.8 Pay Items: No separate payment will be made for excavating and backfilling for structures under this Section. All costs incidental thereto, including pipe bedding materials, shall be included in the contract price bid for the structure or items requiring excavation. SECTION 280: ASPHALT BASE COURSES SECTION 280 The entire section from the 2,000 Specifications is herein incorporated. SECTION 331: TYPE S ASPHALT CONCRETE SECTION 331 The entire section from the 2,000 Specifications is herein incorporated. SECTION 430: PIPE CULVERTS AND STORM SEWERS Subarticle 430 -4.4 Add the following: GC- CA -K -14 1683 "During the grading operations it may be necessary for heavy construction equipment to travel over an installed pipe. Unless adequate protection is provided, the pipe may be subjected to load concentrations in excess of the design loads. Before heavy construction equipment is permitted to cross over a pipe, a temporary earth fill should be constructed to an elevation at least three feet over the top of the pipe. The fill should be of sufficient width to prevent possible lateral displacement of the pipe." Subarticle 430 -7.1 Applies for all pipes including side drains. Subarticle 430 -12.1 Add the following new paragraph to this subarticle: "Upon completion of the work, and prior to full payment, all new pipe construction and existing pipes and structures that are to remain in use will be inspected by the Engineer to ensure that they are free of all debris and thoroughly cleaned. The cost of such cleaning shall be considered incidental to the various contract items for storm sewer pipes and structures listed in the proposal" SECTION 575 — SODDING ARTICLE 575 -1 Delete the definition of this Article in its entirety and substitute the following in lieu thereof. "575 -1 Description. The work specified in the contract calls for establishing a stand of grass, within the areas specified, by the furnishing and placing of grass sod, and rolling, fertilizing, watering, and maintaining the sodded area such as to assure a healthy stand of grass free of noxious plant material. Any plant officially listed as being noxious or undesirable by any Federal Agency, any agency of the State of Florida or Collier County Government jurisdiction in which the project is being constructed shall not be used. The Contractor shall furnish to the Engineer, prior to incorporation onto the project, a certification from the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, stating that the sodding materials are free of noxious weeds. Any such noxious plant or plant part found to be delivered in the sod will be removed by the Contractor at his or her expense. ARTICLE 575 -2 Delete the definition of this Article in its entirety and substitute the following in lieu thereof. Article 575 -2 Materials. All turf supplied shall be "Nursery Grown" or "Field Grown" for the purposes of sodding and shall be a "Premium Grade Sod" as specified below. The sod shall be cut, delivered and /or laid in accordance with the following specifications or the most current and accepted Horticultural Industry's Standards and Practices whichever is more restrictive. All sod shall be delivered to the site and be accompanied with a delivery ticket listing quantity, origin, date and time the sod was cut and loaded. Sod shall be delivered at the specified site within a twenty -four (24) hour period after field cutting and shall be laid within a forty -eight (48) hour period after field cutting. Sod being transported for a time period greater than on (1) hour shall be covered during transport. The Contractor acknowledges that acceptance of any sod at any time of a Grade other than the Premium Grade specified in this Contract shall not establish a lessor standard or relieve the Contractor from providing the Premium Grade sod as specified for the duration of the Contract period. GC- CA -K -15 1683 Premium Sod is defined as meeting the following specifications Soil Suitability: The sod must be grown in soil compatible to that in which it will be installed. Sand grown sod is turf grown on 90% natural sand. Muck grown sod is turf grown on soil containing 50% or greater amounts of organic materials by volume. Healthy and Weed Free: Each sod pad shall be insect and disease free, vigorous and have healthy green color in appearance. The sod shall be freshly mowed prior to cutting, and shall be in a healthy condition when laid. The top growth (grass blades or foliage), shall have no more than ten percent (10 %) chlorosis within the top growth and contain no thatch or dead vegetation layer within each pad. Sod shall be 100% free of noxious weeds and 99% free of undesirable broad leaf weeds and grasses, but in no case shall the weeds exceed two percent (2 %) of the total sod pad. Pad Size: The individual sod pads shall be cut to industry standard widths and lengths with a deviation no greater than +/- five percent (5 %). Broken or uneven ended pads will not be accepted. Pad Thickness: The thickness of the cut sod shall be to the industry's standard, but in no case shall the thickness of the soil be less than one inch (1 ") in depth for St. Augustine and Bahia grasses. Strength of Pad: Standard size pads shall be mature, well rooted and contain a soil layer thick enough to provide a strength that will support the pad's weight and maintain it's size and shape when the pad is suspended vertically by hand on the upper ten percent (10 %) of the pad section without tearing apart. Moisture Content: The sod soil shall contain enough moisture so that the soil is not excessively dry or wet. In no case will the sod be accepted if the soil layer becomes hardened, loose so as not to hold it's shape, and /or hydrophobic in nature. The materials used in this work shall conform with the requirements of Division III. Specific references are as follows: (1) Sod ....................... ............................... Section 981 -2 (2) Fertilizer ................. ............................... Section 982 (3) Water ..................... ............................... Section 983 The use of dolomitic limestone will be required only when so shown in the plans or specifications. The type of fertilizer to be used and the rate of application shall be as shown in the plans or specifications. When no specific type is called for, Type I Fertilizer shall be used. SECTION 700 — HIGHWAY SIGNING ARTICLE 700 -11 The following new article is added. "700 -11 Existing Signs. The Contractor is advised that all existing ground mounted and overhead signs within the project limits shall remain the ownership of the County. All such signs shall be utilized by the Contractor for maintenance of traffic purposes throughout the period of the Contract, and shall be removed and relocated to new locations within the project limits as GC- CA -K -16 1683 deemed necessary and directed by the Engineer. The cost of work specified in this article shall be included in the Contract. At the completion of the contract or at such times as may be specified by the Engineer during execution of the contract, when individual signs are determined by the Engineer as no longer serving a useful function, the Contractor shall remove, clean, protect from damage, and stockpile such signs at selected locations within the project limits. The Engineer will deduct sufficient monies from the partial monthly estimates to cover the costs of signs which are indiscriminately damaged or destroyed by the Contractor's operations." SECTION 710 — PAINTED PAVEMENT MARKINGS ARTICLE 710 -5.4 The following new article is added. "710 -5.4. Placing of permanent pavement markings on all final asphaltic concrete surfaces shall not be accomplished prior to 30 calendar days after placement of the final surfaces. Temporary pavement striping will be required during the 30 day period if the road is open to traffic. The cost of the temporary striping shall be included in the cost of Maintenance of Traffic, pay item 102 -1." GC- CA -K -17 16B3 EXHIBIT K PERMITS GC- CA -K -18 i 16E3 Page 1 of 1 ordonezJ From: Sutitarnnontr, Pakorn ]psutitar @sfwmd.gov] Sent: Thursday, November 15, 2007 3:31 PM To: ordonezJ Subject: RE: Coordination meeting Attachments: Chapter 40E-4 pdf Dear Mr Ordonez: Please find the attached file for Chapter 40E-4 Environmental Resource Permits. The exemption from permitting is in Chapter 40E-4 051, beginning from page 4 -8 to 4 -15 One of the exemptions is for%inor roadway safety projects! item (11) nn oa e a -15_ including road widening and shoulder paving projects which do not result in the creation of additional traffic lanes Please do not hesitate to contact me with any questions, Pakorn Sutitarnnontr Big Cypress Basin Phone: (239) 263 7615 ext 7621 Fax: (239) 263 8166 From: ordonez_ ( mailto :JulioOrdonez @colliergov.net] Sent: Thursday, November 15, 2007 2:08 PM To: Sutitarnnontr, Pakorn Cc: Bathon_d Subject: Coordination meeting Hi, Pakorn: We'd like to thank you for you review and comments of some of our small projects in Collier County at our coordination meeting on November 6 At the end of the meeting you mentioned that you would be e- mailing information to us regarding the process for exempt projects. Have you had the chance to look for that information? We'd like to mail our letters for each project as soon as possible. Thanks! Julio F. Ord6hez, P E. Principal Project Manager Collier County Transportation Engineering & Construction Management Department (239) 774 -8192 11/15/2007 16P3 1 Environmental Resource Permits Chanter 40-0 Effective Sept. 9, 2007 - regulatory signs, and buoys associated with such aids, provided that the devices are marked in accordance with Section 32740, F S (8) Construction of Freshwater Fish Attractors. Construction of freshwater fish attractors by Florida Game and Fresh Water Fish Commission, U.S Forest Service, and county and municipal governments, provided that the material to be used shall be clean concrete, rock, brush, logs, or trees, and shall be free of soils, preservatives, oil, grease, debris, litter, putrescible substances, "white goods," asphalt materials, tires, or other pollutants, and shall be firmly anchored to the bottom of the waterbody. The size of an individual fish attractor shall not exceed one quarter of an acre in area The material shall be placed so that the top of the fish attractor is at least three (3) feet below the surface of the water at ordinary low water and shall be outside any posted navigational channels, No fish attractor material shall be placed on or in areas vegetated by native aquatic vegetation. The site shall be marked with a buoy or buoys to ensure that no material is deposited outside of the site (9) Installation of Piling Support Structures Associated With Water Testing or Monitoring Equipment by the Department or the District. Installation of piling support structures associated with water testing or monitoring equipment by the Department and Water Management Districts, provided that flow or navigation are not impeded. (10) Agriculture, silviculture, floriculture, and horticulture as specified in Section 373.406(2) and (3), F , provided that: (a) Alteration of the topography of any tract of land for purposes consistent with the practice of agriculture, silviculture, floriculture and horticulture, provided such alteration may not be for the sole or predominant purpose of impounding or obstructing surface waters. (b) Construction, operation, or maintenance of any agricultural closed system. This exemption does not eliminate the necessity to meet generally accepted engineering practices for construction, operation, and maintenance of dams, dikes, or levees. (11)'Minor Roadway, ;Safgty Projects'. The construction of the following minor roadway safety projects provided that the capacity of existin swales ditches, or other stor s is =not uce ;the prolec s are not located wit in wetlands or other surface waters; and the projects include best management practices during construction to prevent secondary impacts in adjacent wetlands or other surface waters due to erosion and sedimentation: (a) Sidewalks. (b) Turnlanes less than 0.25 miles in length and other intersection improvements, (c) Road widening and shoulder paving projects which do not result in the creation of additional traffic lanes. (12) Recreational Paths. Recreational paths that are not located within wetlands or other surface waters; include best management practices during construction to prevent secondary impacts in adjacent wetlands or other surface waters due to erosion and sedimentation; that have a width of eight feet or less for unidirectional paths and twelve feet or less for bidirectional paths; and which do not allow motorized vehicles powered by internal combustion engines except for maintenance and emergency vehicles. Specific Authority 373 044, 373 113, 373.171 FS Law Implemented 373 406, 373.413, 373.416, 403.813(2) FS History—New 9 -3 -81, Amended 1- 31 -82, 3 -9 -83, Formerly 16K- 4.02, Amended 4- 20 -94, 10 -3 -95, 5- 28 -00, 9 -2 -01, 4- 14 -03, 9 -9 -07 4 -ts 16P EXHIBIT L STANDARD DETAILS GC -CA -I: 1 W-i EXHIBIT M PLANS AND SPECIFICATIONS GC- CA -M -1 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC- CA -N -1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL 6 C ` wl 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 excention of the Chairman's simiature. draw a line thrnnnh rnntiuo Ilnrc at 'h--ch ad ­.....h.n, lho ,.r,....rr.......a r.._......a ._ c.._ c:1___ - __ _ ..1. Route to Addressee(s) (List in routing order) Office Initials Date 1. (Initial) Applicable) 2. 2/12/08 Agenda Item Number 16C (1) 3. Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 4. Scott R. Teach, Managing Assistant County Attorney County Attorney Number of Original 2/12/08 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office 7. Scott R. Teach, Managing Assistant County Attorney County Attorney 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 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 Nathan Beals, Project Manager, PUED Phone Number (239) 252 -2583 Contact (Initial) Applicable) Agenda Date Item was 2/12/08 Agenda Item Number 16C (1) Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document Resolution and Grant Agreement Number of Original (4) Four Attached County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully Documents Attached INSTRUCTIONS At CHECKLIST 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1 26.65, Revised 2.24.05 amatter_numben, /,,document number Initial the Yes column or mark °N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not (Initial) Applicable) 1. Original document has been signed/initiated for legal sufficiency. (All documents to be signed by the SRT Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and N/A 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 of BCC approval of the document or SRT 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 SRT initials are required. 5. In most cases (some contracts are an exception). the original document and this routing slip should be N/A provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents we 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 February 12, 2008 and all changes made during SRT the meeting have been incorporated in the attached document. The County Attorney's Office viw has reeed the changes, if applicable. 7. P lease record and return one executed original document to Scott R. Teach, Managing ACA I SRT 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1 26.65, Revised 2.24.05 amatter_numben, /,,document number Agenda Item #16C1 2 -12 -08 Ann P. Jennejohn From: BealsNathan [NathanBeals @colIiergov.net] Sent: Thursday, February 14, 2008 4:00 PM To: Ann P. Jennejohn Cc: TeachScott Subject: RE: Agenda Item #16C1 2 -12 -08 Hi Ann, Page 1 of 2 1601 It works for me for you to send the certified copies to Betty Thayer. I would actually like for you to send the Original Grant Agreements to her as well. She will then send one Original for each grant agreement back to us for the official record. Thank you, Nathan From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Thursday, February 14, 2008 12:33 PM To: BealsNathan Cc: TeachScott Subject: Agenda Item #16C1 2 -12 -08 Hi Nathan, We just received your (4) original Resolutions and (4) Grant (2 original copies of each) Agreements in our office for attestation. Because I assume you will need to submit these Grant Agreements for signature, I will be returning all of these to your office. We will need a signed original back of both agreements to be kept as part of the Board's official record. In the Resolution it directs the Clerk's office to send a Certified Copy of the Resolution to the 5FWMD; so I will do that also and send (2) certified copies to the attention of Betty Thayer in West Palm Beach so that she can distribute one to Mr. Mallinger and one to Max Guerra, the two project managers for the grants. I just need to know if that works for you, as far as sending the certified copies to Ms. Thayer @ The 5FWMD, or if you would like 2/14/2008 Agenda Item #16C1 2 -12 -08 Page 2 of 1601 them sent to a different contact. Please let me know at your earliest convenience. Thank you, Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann.Jenne john@collierclerk.com) 2/14/2008 County of Collier CLERK OF THE CIRCU T COURT Dwight E. Brock Clerk of Courts February 14, 2008 COLLIER COUNTY COURTHOUSE 3301 TAMIAMI T(LAIL EAST P.O. BOX 413044:, NAPLES, FLORIDA T4101-3044 SFWMD Betty Thayer 3301 Gun Club Road West Palm Beach, FL 33406 Re: Collier County Grant Agreements 4600001144 and 4600001270 Dear Betty, 16 C1 Clerk of Courts Accountant Auditor Custodian of County Funds Enclosed are two original sets of grant agreements and their accompanying Resolution(s). After processing, please return an original set of grant documents to the Collier County Public Utilities Department to the attention of Nathan Beals; Project Manager, PUED. Mr. Beals has assured me that he will return a set of original grants to our office to be kept in Collier County's public records. Thank you for your help with this process. Sincerely, Ann Jennejohn Collier County BMR 239 - 252 -8406 Phone - (239)732 -2646 Website- www.clerk.collier.fl.us Fax - (239)775 -2755 Email- collierclerk (a,clerk.collier.fl.us 16 C1 A 0.1t RESOLUTION NO. 2008 - 40 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING, AND AUTHORIZING ITS CHAIRMAN TO EXECUTE, TWO SOUTH FLORIDA WATER MANAGEMENT DISTRICT ALTERNATIVE WATER SUPPLY GRANT AGREEMENTS UP TO A TOTAL AMOUNT OF $1,700,900 (OR 40% OF PROJECT COST, WHICHEVER IS LESS) FOR PARTIAL FUNDING OF THE CONSTRUCTION OF THE RECLAIMED WATER TRANSMISSION MAIN — IMMOKALEE ROAD — PHASE 1, PROJECT 74311 AND THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT 20 -MDG WELLFIELD EXPANSION FY08, PROJECT 70892. WHEREAS, at the February 12, 2008, meeting of the Board of County Commissioners the Board approved two South Florida Water Management District (the "District ") Alternative Water Supply Grants up to a total amount of $1,700,900 (or 40% of project cost, whichever is less) for partial funding of the construction of the Reclaimed Water Transmission Main - Immokalee Road — Phase 1, Project 74311, the construction of the South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion FY08, and authorized the Board of County Commissioners, through its Chairman, to enter into two agreements accepting the grants with the District; and WHEREAS, the District requires the Board provide a resolution memorializing and confirming the Board's aforementioned affirmative vote to approve the agreements and its authorization for the Chairman to execute the agreements; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; On February 12, 2008, the Board of County Commissioners approved by majority vote the aforementioned Agreements and authorized its chairman, Tom Henning, to execute same. A certified copy of this Resolution will be forwarded by the Collier County Clerk to the District. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 12`x' day of February, 2008. ATTEST: DWIGHT E. BROCK, Clerk By. e___ Most as to t a 1 �ia clerk Signature onl• Appr edTs Ftorm and legal sufficiency: Scott R. Teach, Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLI] in 16 01 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 0 2007 — 2008 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: Collier County Public Utilities ". -,,w M t <BJ: 4th —_ ♦ C W"t # lRht Recipient's Project Manager: ti. Dayne Atkinson !%h'; apt s£s h3 Address: 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Telephone No: (239) 530 -5337 "k Fax No: (239) 530 -5378 (eJy v{ y� } i'xG !✓¢{ Ali {^MHC,B YYI tY' i SFWMD Project Manager: Greg Mallinger Telephone No.: (561) 682 -6727 E -mail Address: gmallin @sfwmd.gov Fax No. (561) 682 -5242 Contract Specialist: Betty Thayer Telephone No.: (561) 682 -6011 Fax No.: (561) 682 -5117 Address: 3301 Gun Club Road West Palm Beach, FL 33406 Insurance: Not Applicable Federal Employer Identification Number: 59- 6000558 Project Title: FY2008 AWS — Project # LWC -45 Description: Reclaimed Transmission Main Along Immokalee Road — Phase I Agreement No. 4600001144, Page I of 11 16 C1 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District ", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1— PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A ", hereinafter referred to as the "Project ", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Reporting Form Exhibit D Federal /State Funding Resources ARTICLE 2 — TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall be the dates noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 — COMPENSATION / CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60 %) of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.1961(3)(e), Florida Statutes. The District will make funding payments only to reimburse for work completed between October 1, 2007 and August 29, 2008. 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A ". By providing funding hereunder, the District does not make any warranty, Agreement No. 4600001144, Page 2 of I I 16 C1 guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A ". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the Project. District funds shall only be used for the construction activities described in Exhibit "A ". 3.4 The Recipient agrees to reimburse the District funds provided through this Agreement for facilities (i.e. test/production wells, etc.) that do not become an operational component of the overall alternative water supply facility within the timeframe established in the proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall remain in full force and effect for ten (10) years from the date of contract execution. 3.5 Notwithstanding any provisions of this Agreement to contrary, the District reserves the right, without financial or other penalty or obligation, to (1) cancel this contract and /or (2) reduce the amount of funding to be provided by the District pursuant to this Agreement in the event that the District does not receive all or any part of the $18,000,000 state appropriation for alternative water supply from the State of Florida as provided in the State's 2008 fiscal year budget (SB 2800 /Ch. 2007 -72, Laws of Florida). The Recipient shall indemnify and hold the District, its officers, directors board members, agents assigns and employees, from liability, claims, damages, losses or costs should the District cancel this Agreement or reduce the funding amounts in this contract pursuant to this paragraph, subject to the limitations set forth in Section 768.28 Florida Statute. ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable(s) as described in the "Payment and Deliverable Schedule ", attached hereto as Exhibit `B ". On or before August 29, 2008, the Recipient shall provide a completed Project Summary Final Report, attached hereto as Exhibit "C ". Concurrent with delivery of the final deliverable(s), the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and shall be sent to the following address: South Florida Water Management District ATTN: Accounts Payable PO Box 24682 West Palm Beach, FL 33416 -4682 The Recipient shall not submit an invoice to any other address at the District. In order to expedite the invoice review and approval process, the Recipient also shall submit an electronic copy of each invoice to the Project Manager. The Recipient invoices shall contain the backup documentation necessary (e.g., contractor invoices) for the Project Agreement No. 4600001144, Page 3 of 1 I l6 CI Manager to be able to ascertain clearly that each final deliverable in the invoice has been substantially complete. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. 3. If the final location of the well(s) varies from the original location specified in the Consumptive Use or other permit or permit applications, the Recipient shall provide the Project Manager with written proof that the appropriate permitting agency contact is aware of and agrees with the changes. The data shall be archived in the District's permanent database and available to the public. Please contact Emily Richardson (561) 682 -6824, Emily.Richardson(a�sfwmd.aov, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project update /status reports by December 1, 2007, February 1, 2008; April 1, 2008; and June 1, 2008. Reports shall provide detail on the progress of the Project and outline any potential issues affecting Project completion or overall schedule. Status reports may be submitted in any form agreed to by District project manager and the Recipient, and may include entails, memos, and letters. 4.5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall provide an annual status update to the District detailing the progress of the Project. ARTICLE 5 — CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. Agreement No. 4600001144, Page 4 of 11 16 C1 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 — TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E -7, Part 11 of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non - performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E -7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the Agreement No. 4600001144, Page 5 of I 1 16C1 I mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Recipient's project proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. ARTICLE 7 — RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute. All such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The District shall provide the necessary information to the Recipient as set forth in Exhibit "D." B. The Recipient shall maintain all financial /non - financial records through: (1) Identification of the state or federal awarding agency, as applicable Agreement No. 4600001144, Page 6 of 1 I 16 C1 (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year C. Examination of Records: The District or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and /or federal awarding agency shall have the right to examine the Recipient's financial and non- financial records to the extent necessary to monitor the Recipient's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. ARTICLE 8 — STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. The Recipient agrees to comply with the terms and conditions of all permits. Agreement No. 4600001144, Page 7 of I 1 16 C1 4 : U 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this Project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2008 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 29, 2008. 8.9 Recipient of funds for a reuse project shall provide a status report by August 29, 2008 addressing the following issues: (1) accounting of reclaimed water usage and method used (meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the Project, the Recipient shall continuously operate the Project as described in the Project proposal and consistent with the applicable water use permit(s). In the event the Project is not operated in accordance with these requirements, the District may cease funding for this Project and any future Projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2008. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project and shall provide the District with a copy of such public education program on or before August 29, 2008. ARTICLE 9 — INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall, subject to the limits permitted in Florida Statue 768.28, defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any Agreement No. 4600001 144, Page 8 of 1 I 16 C1 legal action. Pursuant to section 768.28. Florida Statutes, nothing herein shall require Grantee to be liable for intentional or reckless acts or for actions committed in bad faith or malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, nothing contained here shall constitute a waiver by the Recipient of its sovereign immunity or the provisions of F.S. 768.28. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 —RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11— GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1 -11 Agreement No. 4600001144, Page 9 of I I 16C1 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity /public awareness media shall be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award shall require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained in sections 373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No. 2005 -291 (SB 444, Laws of Florida). Agreement No. 4600001144, Page 10 of 11 16 C2 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD Date: SFWMD Procurement Approved: Frank Hayden, Procurement Director By:�Q Dater SFWMD Office of Counsel Approved: Date: ATTEST. BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCfK, OWk Entity's Legal Name: OF COLLIER COUNTY, FLORIDA By: rt i i 1 Attest of 11411 By Authorized Official: f 14Mt1M'! aI l e Printed Name: TOM Title: CHAIRMAN d a t M legal suffWeoq L - nagina Assiscan' County Attornq Agreement No. 4600001144, Page 11 of 11 160 Exhibit "A" Statement of Work Reclaimed Transmission Main — Immokalee Road — Phase I Collier County A. IntroductionBackground Collier County has identified the need to construct the new North East Water Reclamation Facility (NEWRF) to serve the County's North East service area. The facility is expected to be online in 2011 with a rated capacity of 4.0 MGD. The ultimate capacity of the NEWRF is expected to be 20 MGD by 2026. The Reclaimed Transmission Main project will involve the construction of a 24 -inch HDPE transmission main to connect the NEW" to the County's existing reclaimed water distribution network. Phase 1 is being conducted in conjunction with a County Department of Transportation project along a two mile section of Immokalee Road. The reclaimed water main will be installed while construction on the roadway is occurring, as to minimize construction costs and future disturbances in the area. Future phases of the project will include the construction of additional sections of transmission main, with completion of the project anticipated in 2011 to coincide with the start-up of the NEW". B. Objectives The objective off the Reclaimed Transmission Main project is to construct a reclaimed water pipeline to connect the future North East Water Reclamation Facility to Collier County's existing reclaimed water distribution network. C. Scope of Work Collier County will install a two mile section of 24 -inch HDPE reclaimed water transmission main along Immokalee Road in the vicinity of the Heritage Bay development. D. Work Breakdown Structure The work breakdown structure associated with this project is described below. Note that if the project is completed prior to the due date of a Status Report (Tasks 1 -4), then the Status Report shall be replaced by the Final Report and subsequent Status Reports shall not be required. Task 1 — Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Delivery Date: December 1, 2007 Task 2 - Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Delivery Date: February I, 2008 Task 3 - Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Delivery Date: April 1, 2008 Page I of 2, Exhibit "A" to Agreement No. 4600001144 16 C1 Task 4 - Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Delivery Date: June 1, 2008 Task 5 — Recipient shall install 0.5 miles of 24 -inch HDPE reclaimed water main along Immokalee Road. Delivery Date: August 29, 2008 Task 6 — Recipient shall install 0.5 miles of 24 -inch HDPE reclaimed water main along Immokalee Road. Delivery Date: August 29, 2008 Task 7 — Recipient shall install 0.5 miles of 24 -inch HDPE reclaimed water main along Immokalee Road. Delivery Date: August 29, 2008 Task 8 — Recipient shall install 0.5 miles of 24 -inch HDPE reclaimed water main along Immokalee Road. Delivery Date: August 29, 2008 Task 9 — Final Report: Recipient shall submit to the project manager a Final Project Report summarizing all work performed during the course of the project. Delivery Date: August 29, 2008 Page 2 of 2, Exhibit "A" to Agreement No. 4600001144 16 C1 EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES • The schedule set forth below is based on a one (1) year agreement from October 1, 2007 to September 30, 2008. • Total payment by the District to Collier County Utilities shall not exceed the amount of $500,900. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. The Recipient hereby agrees to provide the District all deliverables, data, and information described in the Statement of Work. • Invoices for completed deliverables shall be submitted to the District for payment by August 29, 2008. However, the Recipient is encouraged to arrange for deliverable inspection and invoice as soon as a deliverable has been completed. • Reporting requirements are also part of this exhibit. The Recipient shall provide regular project update /status reports by December 1, 2007; February 1, 2008; April 1, 2008; and June 1, 2008. Reports will provide detail on the progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by the District Project Manager and the Recipient, and could include emails, memos, and letters. • If the total consideration for this Agreement is subject to multi -year funding allocations, funding for each applicable fiscal year of this Agreement will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. 1 Status Report NIA December 1, 2007 RNIA 2 Status Report N/A February 1, 2008 N/A 3 Status Report N/A April 1, 2008 N/A 4 Status Report N/A June 1, 2008 N/A Install 0.5 miles of 24 -inch HDPE August 29, 2008 5 reclaimed water main along N/A $125,225 Immokalee Road Install 0.5 miles of 24 -inch HDPE August 29, 2008 6 reclaimed water main along N/A $125,225 Immokalee Road Install 0.5 miles of 24 -inch HDPE August 29, 2008 7 reclaimed water main along N/A $125,225 Immokalee Road Install 0.5 miles of 24 -inch HDPE August 29, 2008 8 reclaimed water main along N/A $125,225 Immokalee Road 9 Final Project Report N/A August 29, 2008 N/A TOTAL DISTRICT PAYMENT $500,800 Total Construction Cost This Phase $1,350,000 Page 1 of 2, Exhibit "B" to Agreement No. 4600001144 16 C1 The deadline for the final invoice submittal is August 29, 2008. However, this invoice could be submitted before August 29, 2008 '• Final payment is based on the total estimated construction cost this phase. An actual cost less than the estimated cost may result In a reduced final payment. If the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data collected in the course of drilling and testing, in the SFWMD specified format. An electronic copy of the SFWMD specified format is available via email. Contact the appropriate SFWMD Project Manager to request one. Page 2 of 2, Exhibit `B" to Agreement No. 4600001 144 EXHIBIT "C" 16 C1 REPORTING FORM Project Summary Final Report — FY 2008 Project Name SFWMD Contract Number Describe Project constructed: Project Manager Project Owner 0)st for this Type of Alternative Water Quantity of Water Made Available (MGD) Upon Com letion of This Phase Construction Duration Supply Proposed Actual Start Finish $ a� K .� j�t §'9ry4r�q.'� �i`.^��ILRj{� District funding this phase . >... ,, 1.11i d i $ $ Local funds 0)st for this Tbhawrdam to the current FY work) Proposed this Actual this Total Construction Cost — This Phase $ $ a� K .� j�t §'9ry4r�q.'� �i`.^��ILRj{� District funding this phase . >... ,, 1.11i d i $ $ Local funds $ $ Other funding source From: $ $ TOTAL Attach map and photo(s) of project on CD, if available. The District will make funding payments only to reimburse for work completed between October 1, 2007 and August 29, 2008. To the best of my knowledge, the above information is correct Chief Financial Officer Project Manager Page l of 1, Exhibit "C to Agreement No. 4600001144. 0 F- [0 X w O z O J J O LL w 2 LL O H z O U z w 2 w w w V Q CO 2 F- 0 H F- z Q CL F- H H z w w F- O F- 0 w Q Q 0 z D LL 1601 O C � C LL NU Q � m m •V C Um� C U- 7 c u .� w cn m O 0 O O ::3 N y6 ) U tp f0 fl U O CD O Q my �U a) co F LL � } rn0L m O O U O. O U D c c N CO I EocD T� N N O- V O C U--0O O,d co y L to r U N LO 04 rn -0 •a N N ~ 7 Y amp >t oum Lu Q I U E mQ m T N LL N C �U yQ C v 7 Y (D 0 3 w L4 N to w N N.0 o N o Z d¢ = N U 0 O (U 4) L E L O 0 LL 0U N c 0 oc n aV u C Q E Q rw c .c. b C O 00 � a w C O o Q � N W [- L w Q c w V N C O U 0 a v E a � a" ti ro d � v a u � s R p °� c Q a`� Q c z .o o F- aui a c d o a w Q U N L H U 3 « ¢ w 9 y A � a o u 7 z N R; d N YV z w v 0 1601 O C � C LL NU Q � m m •V C Um� C U- 7 c u .� w cn m O 0 O O ::3 N y6 ) U tp f0 fl U O CD O Q my �U a) co F LL � } rn0L m O O U O. O U D c c N CO I EocD T� N N O- V O C U--0O O,d co y L to r U N LO 04 rn -0 •a N N ~ 7 Y amp >t oum Lu Q I U E mQ m T N LL N C �U yQ C v 7 Y (D 0 3 w L4 N to w N N.0 o N o Z d¢ = N U 0 O (U 4) L E L O 0 LL 0U N c 0 oc « 0 01 u au Q E rw .c. bA C O 00 � a 7 L O d Q c N W L w C � � w u u 0 0 a � a" ti ro o � v a u � u R p °� c u V v .o o F- aui o a w Q U N v. Q 3 .0 0 0 o e E z L d N YV 4 « v 0 Q � uz c L c a c T U d d ao u T U v N � Q '9 � N w d 'O •o w 3 Q ado= 0 a z u, 1601 O C � C LL NU Q � m m •V C Um� C U- 7 c u .� w cn m O 0 O O ::3 N y6 ) U tp f0 fl U O CD O Q my �U a) co F LL � } rn0L m O O U O. O U D c c N CO I EocD T� N N O- V O C U--0O O,d co y L to r U N LO 04 rn -0 •a N N ~ 7 Y amp >t oum Lu Q I U E mQ m T N LL N C �U yQ C v 7 Y (D 0 3 w L4 N to w N N.0 o N o Z d¢ = N U 0 O (U 4) L E L O 0 LL 0U N 0 oc aV d rw T bA C O 00 N u u u 0 a � � ti ro o � v v u � C p °� ° u V c .o Li c aui a w Q N "y 3 c 0 U o e z d 4 « v 0 w c a d y T U °' d ao Q « i0 '9 � N w d d ado= a z 1601 O C � C LL NU Q � m m •V C Um� C U- 7 c u .� w cn m O 0 O O ::3 N y6 ) U tp f0 fl U O CD O Q my �U a) co F LL � } rn0L m O O U O. O U D c c N CO I EocD T� N N O- V O C U--0O O,d co y L to r U N LO 04 rn -0 •a N N ~ 7 Y amp >t oum Lu Q I U E mQ m T N LL N C �U yQ C v 7 Y (D 0 3 w L4 N to w N N.0 o N o Z d¢ = N U 0 O (U 4) L E L O 0 LL 0U N `1601 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 4D 2007 - 2008 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: Collier County Public Utilities Recipient's Project Manager: Ron Dillard Address: 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Telephone No: (239) 530 -5338 Fax No: (239) 530 -5378 SFWMD Project Manager: Max Guerra Telephone No.: (239) 263 -7615 E -mail Address: mguerra @sfwmd.gov Fax No. (561) 682 -5242 Contract Specialist: Betty Thayer Telephone No.: (561) 682 -6011 Fax No.: (561) 682 -5117 Address: 3301 Gun Club Road West Palm Beach, FL 33406 Insurance: Not Applicable Federal Employer Identification Number: Project Title: FY2008 AWS — Big Cypress Basin South County Regional Water Treatment Plant 20 -MGD Wellfield Expansion FY08 Agreement No. 4600001270, Page I of I I 1601 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District ", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1— PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A ", hereinafter referred to as the "Project ", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Reporting Form Exhibit D Federal /State Funding Resources ARTICLE 2 — TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall be the dates noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 — COMPENSATION / CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60 %) of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.1961(3)(e), Florida Statutes. The District will make funding payments only to reimburse for work completed between October 1, 2007 and August 29, 2008. 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A ". By providing funding hereunder, the District does not make any warranty, Agreement No. 4600001270, Page 2 of 11 16 G1 guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A ". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the Project. District funds shall only be used for the construction activities described in Exhibit "A ". 3.4 The Recipient agrees to reimburse the District funds provided through this Agreement for facilities (i.e. test/production wells, etc.) that do not become an operational component of the overall alternative water supply facility within the timeframe established in the proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall remain in full force and effect for ten (10) years from the date of contract execution. 3.5 Notwithstanding any provisions of this Agreement to contrary, the District reserves the right, without financial or other penalty or obligation, to (1) cancel this contract and /or (2) reduce the amount of funding to be provided by the District pursuant to this Agreement in the event that the District does not receive all or any part of the $18,000,000 state appropriation for alternative water supply from the State of Florida as provided in the State's 2008 fiscal year budget (SB 2800 /Ch. 2007 -72, Laws of Florida). The Recipient shall indemnify and hold the District, its officers, directors board members, agents assigns and employees, from liability, claims, damages, losses or costs should the District cancel this Agreement or reduce the funding amounts in this contract pursuant to this paragraph, subject to the limitations set forth in Section 768.28 Florida Statue. ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable(s) as described in the "Payment and Deliverable Schedule ", attached hereto as Exhibit `B ". On or before August 29, 2008, the Recipient shall provide a completed Project Summary Final Report, attached hereto as Exhibit "C ". Concurrent with delivery of the final deliverable(s), the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and shall be sent to the following address: South Florida Water Management District ATTN: Accounts Payable PO Box 24682 West Palm Beach, FL 33416-4682 The Recipient shall not submit an invoice to any other address at the District. In order to expedite the invoice review and approval process, the Recipient also shall submit an electronic copy of each invoice to the Project Manager. The Recipient invoices shall Agreement No. 4600001270, Page 3 of 1 l 16 C1 contain the backup documentation necessary (e.g., contractor invoices) for the Project Manager to be able to ascertain clearly that each final deliverable in the invoice has been substantially complete. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. 3. If the final location of the well(s) varies from the original location specified in the Consumptive Use or other permit or permit applications, the Recipient shall provide the Project Manager with written proof that the appropriate permitting agency contact is aware of and agrees with the changes. The data shall be archived in the District's permanent database and available to the public. Please contact Emily Richardson (561) 682 - 6824, Emily.Richardson n sfwmd.gov, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project update /status reports by December 1, 2007, February 1, 2008; April 1, 2008; and June 1, 2008. Reports shall provide detail on the progress of the Project and outline any potential issues affecting Project completion or overall schedule. Status reports may be submitted in any form agreed to by District project manager and the Recipient, and may include emails, memos, and letters. 4.5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall provide an annual status update to the District detailing the progress of the Project. ARTICLE 5 — CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. Agreement No. 4600001270, Page 4 of 11 16 C1 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 — TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E -7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non - performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E -7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and /or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the Agreement No. 4600001270, Page 5 of 11 1601 mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Recipient's project proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. ARTICLE 7 — RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute. All such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The District shall provide the necessary information to the Recipient as set forth in Exhibit "D." B. The Recipient shall maintain all financial /non- financial records through: (1) Identification of the state or federal awarding agency, as applicable Agreement No. 4600001270, Page 6 of 11 16 C1 (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit /accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year C. Examination of Records: The District or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the Recipient's financial and non- financial records to the extent necessary to monitor the Recipient's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. ARTICLE 8 — STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. The Recipient agrees to comply with the terms and conditions of all permits. Agreement No. 4600001270, Page 7 of 1 I 16 C1 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this Project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2008 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 29, 2008. 8.9 Recipient of funds for a reuse project shall provide a status report by August 29, 2008 addressing the following issues: (1) accounting of reclaimed water usage and method used (meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the Project, the Recipient shall continuously operate the Project as described in the Project proposal and consistent with the applicable water use permit(s). In the event the Project is not operated in accordance with these requirements, the District may cease funding for this Project and any future Projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2008. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project and shall provide the District with a copy of such public education program on or before August 29, 2008. ARTICLE 9 — INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall, subject to the limits permitted in Florida Statue 768.28, defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any Agreement No. 4600001270, Page 8 of I 1 16 C1 legal action. Pursuant to section 768.28. Florida Statutes, nothing herein shall require Grantee to be liable for intentional or reckless acts or for actions committed in bad faith or malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, nothing contained here shall constitute a waiver by the Recipient of its sovereign immunity or the provisions of F.S. 768.28. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 — RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11— GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles I A I Agreement No. 4600001270, Page 9 of I 1 1601 (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity /public awareness media shall be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award shall require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained in sections 373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No. 2005 -291 (SB 444, Laws of Florida). Agreement No. 4600001270, Page 10 of 11 1661 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD Date: SFWMD Procurement Approved: Frank Hayden, Procurement Director By: ' �.. ri. Date: .. SFWMD Office of Counsel Approved: Un ATTEST DWIGHT E. BROCK, 0"', � A Ott Was to Chairs" y ti�iiM"f 0111 � BOARD OF COUNTY COMMISSIONERS Entity's Legal Name: OF COLLIER COUNTY, FLORIDA By Authorized Official: 4- Printed Name: TOM HENNING Title: CHAIRMAN t form & legal sufficiency Manaaincr Date: Asstsiaiit CUVi:Ljl't,`ormy Agreement No. 4600001270, Page I I of I I 16 C1 EXHIBIT "A" STATEMENT OF WORK SOUTH COUNTY REGIONAL WATER TREATMENT PLANT 20 -MGD WELLFIELD EXPANSION FY08 A. INTRODUCTION Existing needs for additional water supply, fueled by an extremely high rate of growth, have prompted Collier County to move forward with a comprehensive plan to improve and expand its alternative water supply wellfield system. As part of the comprehensive plan additional wells are to be provided to meet demand needs. The construction of the 8 MGD SCRWTP reverse osmosis (RO) facility was completed in 2004. To meet the projected increase in potable water demand, the South County Regional Water Treatment Plant (SCRWTP) RO treatment capacity will be expanded by an additional 12 MGD (to 20 MGD). The purpose of the SCRWTP Wellfield Expansion project is to provide a reliable raw water supply for the reverse osmosis expansion of the SCRWTP. Collier County's total estimated construction cost for their multiyear project is $40,000,000. The South Florida Water Management District recognized the importance of Collier County's comprehensive plan and funded the project with $987,698 in FY06 and with $900,000 in FY07. In FY08 Collier County has budgeted $6,800,000 for the completion of the project. The Big Cypress Basin (BCB) Board Budget has $1,200,000 earmarked for Collier County's project in FY08. B. OBJECTIVES Collier County will design the wellfield expansion project to provide an additional yield of 12 MGD of finished water, for a total of 20 MGD. Twenty-three wells sites have been identified south of the SCRWTP site for the 12 MGD expansion. The twenty-three news wells will draw water from the Hawthorn Zone I Aquifer, an alternative water source. C. SCOPE OF WORK Twenty-three wells sites have been identified south of the SCRWTP site for the 12 MGD expansion. The twenty-three news wells will draw water from the Hawthorn Zone 1 Aquifer, an alternative water source. The FY2008 Alternate Water Supply (AWS) funding is for the construction of the following facilities adjacent to the SCRWTP: • Well Equipment for 23 Wells in the Hawthorn Zone 1 Aquifer Page 1 of 2, Exhibit "A" to Agreement No. 46000001270 16 C1 D. WORK BREAKDOWN STRUCTURE The work breakdown structure associated with this project is described below. Note that if the project is completed prior to the due date of the Status Reports (Tasks 1 — 3), then the Status Report shall be replaced by the Final Report and subsequent Status Reports shall not be required. Task 1 — Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Delivery Date: February 1, 2008 Task 2 — Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Delivery Date: April 1, 2008 Task 3 — Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Delivery Date: June 1, 2008 Task 4: Pumps - 23 variable speed well pumps with a flow range of 0 to 1,000 gpm with a TDH range of 199 to 399 feet and 46 sump pumps with a capacity of 60 gpm at 14' TDH. Delivery Date: August 29, 2008 Task 5: Packaged Engine Generator System will include: 1 - 125 KW @ 480 volts, 3 -phase 2 - 275 KW @ 480 volts, 3 -phase 6 - 350 KW @ 480 volts, 3 -phase Delivery Date: August 29, 2008 Task 6: Adjustable Frequency Drives: Each of the 23 well pumps will have an AFD for a NEMA standard, 3- phase, 460 volts, 3,600 RPM induction motor Delivery Date: August 29, 2008 Task 7: Instrumentation: Includes all instrumentation needed to operate and control the 23 wells. Delivery Date: August 29, 2008 Task 8: Final Report: Recipient shall submit to the project manager a Final Report summarizing all work performed during the course of the project. Delivery Date: August 29, 2008 Page 2 of 2, Exhibit "A" to Agreement No. 46000001270 1601 EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES • The schedule set forth below is based on a one (1) year agreement from October 1, 2007 to September 30, 2008. • Total payment by the District to Collier County, Inc shall not exceed the amount of $1,200,000. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. The Recipient hereby agrees to provide the District all deliverables, data, and information described in the Statement of Work. • Invoices for completed deliverables shall be submitted to the District for payment by August 29, 2008. However, the Recipient is encouraged to arrange for deliverable inspection and invoice as soon as a deliverable has been completed. • Reporting requirements are also part of this exhibit. The Recipient shall provide regular project update /status reports by February 1, 2008; April 1, 2008; and June 1, 2008. Reports will provide detail on the progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by the District Project Manager and the Recipient, and could include entails, memos, and letters. • If the total consideration for this Agreement is subject to multi -year funding allocations, funding for each applicable fiscal year of this Agreement will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. Tasks Deliverables Invoice Date* Report Due District Not- to-Exceed Date Payment ** 1 Status Report N/A February 1, N/A 2008 2 Status Report N/A April 1, 2008 N/A 3 Status Report N/A June 1, 2008 N/A 4 Pumps: 8/29/2008 N/A $ 350,000 23 variable speed well pumps with a flow range of 0 to 1,000 gpm with a TDH range of 199 to 399 feet and 46 sump pumps with a capacity of 60 gpm at 14' TDH 5 Packaged Engine Generator 8/29/2008 N/A $ 400,000 System: 1 - 125 KW @ 480 volts, 3 -phase 2 - 275 KW @ 480 volts, 3 -phase 6 - 350 KW @ 480 volts, 3 -phase Page I of 2, Exhibit `B" to Agreement No. 46000001270 16C1 6 Adjustable Frequency Drives: 8/29/2008 N/A $ 300,000 Each of the 23 well pumps will have an AFD for a NEMA standard, 3- phase, 460 volts, 3,600 RPM induction motor 7 Instrumentation: 8/29/2008 N/A $ 150,000 Includes all instrumentation needed to operate and control the 23 wells 8 Final Project Report 8/29/2008 TOTAL DISTRICT PAYMENT $1,200,000 Total Estimated Construction Cost This Phase $6,791,181 *All dates are referenced from the date of execution of this agreement and are estimated. * *The District shall only be obligated to pay for documented actual expenditures within the not -to- exceed amounts specified above. In the event actual expenditures by the County are less than the not -to- exceed for a particular task, the County shall have the right to apply the unexpended balance towards a subsequent task. The County shall provide written notice of its decision to exercise this right. In no event shall the District's total obligation exceed $1,200,000 as specified above for this cooperative agreement. The County is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. Page 2 of 2, Exhibit "B" to Agreement No. 46000001270 EXHIBIT "C" REPORTING FORM Project Summary Final Report — FY 2008 Project Name SFWMD Contract Number Describe Project constructed: Project Manager Project Owner 16C1 Cost .for this Phase Type of Quantity of Water Made Available MGD Upon Com letion of This Phase Construction Duration Alternative Water Supply Proposed Actual Start Finish ¢, $ gt tP 9 $ Local funds $ i Cost .for this Phase refers to the urren FY work , Proposed this Actual this Total Construction Cost — This Phase $ $ y � District funding this phase ¢, $ gt tP 9 $ Local funds $ $ Other funding source From: $ $ TOTAL Attach map and photo(s) of project on CD, if available. The District will make funding payments only to reimburse for work completed between October 1, 2007 and August 29, 2008. To the best of my knowledge, the above information is correct Financial Officer Project Manager Page I of 1, Exhibit "C" to Agreement No. 4600001145. RR0 go 07 -0 />0 f / ±k §( /\ / \27 \ }\) 0 CL 30a „ _o }Ea$ ] ��� c G\ {)p,$ CD a,9a a- CD _22_ IQ w® §ewe f))� §] \) FGE� 0 w ay E{}4 ƒ$,/ \$E'0 G -$] CL =r \[�] CD ET 0w3 aEo; \E[/ 7 cch =a$ cy w CD CD cL / CD CL 5.0 \ \ / 0 -n / }\ / ( I6 CI !2,» §a Eƒ |q(\ $|§f } z ( \ ( Q § \ � \ ( E ) § |]; � � ®) j ®o§ G§! /> ; \ \ \ & r k 2 } � « ( \ § � \ \ 2 \ � \ + ( / \i § /\ ( 7� � \� \ § { \ k ( 7 m \f \ � > / \( n» I6 CI !2,» §a Eƒ ;q($ $ §E� } z \ ( Q § \ � f E «r § |]; � ®) ®o§ G§! /> ; \ \ \ k 2 \ ( \ § , f 2 \ \ ( / ( n� � \ k ( 7 � > / \( I6 CI § ? / m \ 0 \ \ ) \ Cl) > j 0 U) > 0 m K k 0 0 ƒ § 0 � m 0 0 k § ƒ ) 0 !2,» §a Eƒ $ |E� ( z \ ( Q § % «r § |]; � ®) ; \ ( 2 \ \ § , f / n� § ? / m \ 0 \ \ ) \ Cl) > j 0 U) > 0 m K k 0 0 ƒ § 0 � m 0 0 k § ƒ ) 0 16DI MEMORANDUM Date: February 22, 2008 To: Terri Daniels, Grants Supervisor Human Services Department From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Agreement between Collier County and The Physician's Led Access Network Attached, please find two (2) original agreements as referenced above (Agenda Item #16D1), approved by the Board of County Commissioners on Tuesday, February 12, 2008. The Minutes and Records Department has retained an original which will be kept as part of the Board's permanent records. If you should have any questions, please call 252 -8406. Thank you. Attachments (3) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI16 D 1 t -q 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 -1.1_ 4..,..,, r,",.,hnn —h ­tino 6nec xl thrnnvh 44- complete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order) Office Initials Date 1. Terri Daniels Housing and Human Services Dept. (Initial) 02/22/08 2. February 12, 2008 Agenda Item Number 16D 1 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Sue Filson, Executive Manager Board of County Commissioners Number of Original 3 5. Minutes and Records Clerk of Court's Office Documents Attached 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 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 ... \ Name of Primary Staff Terri Daniels Phone Number 252 -2689 Contact appropriate. (Initial) Applicable) Agenda Date Item was February 12, 2008 Agenda Item Number 16D 1 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Agreement Number of Original 3 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board —" 3. The Chairman's signature line date has been entered as the date of BCC 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 l 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 13 office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain qC N time frame or the BCC's actions are nullified. Be aware Rf your deadlines! 6. The document was approved by the BCC on . ' (enter date) and all changes made during the meeting have been incorporated i the attached document. The �l County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1601 AGREEMENT THIS AGREEMENT, made and entered into on this '! day of February 2008, by and between the Physicians Led Access Network of Collier County (PLAN), authorized to do business in the State of Florida whose business address is 222 Industrial Blvd, Naples, Florida 34104, hereinafter called the "Contractor' (or "Consultant ") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter call the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on January 1, 2008, and terminating on December 31, 2008. 2. SCOPE OF WORK: The Contractor shall assist income eligible residents of Collier County with access to medical services provided by physicians in PLAN's network. The network physicians will accept uninsured income eligible persons and provide professional services which may include, but are not limited to, an appointment with a physician, lab work, diagnostic testing, surgical hospitalization, medical testing , these will be services /visits required by a physician. Intakes will be completed and verified by the Patient Coordinator who will obtain all necessary household documentation and determine eligibility for this program. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement an estimated total amount of fifty- thousand dollars, ($50,000) based on the reimbursement of allowable expenses incurred. Quarterly payments will be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida Statutes, otherwise known as the "Florida Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payments for work not performed or for unsatisfactory performance of Contractual requirements. The County shall pay the Contractor for the performance of this Agreement. The Contractor shall submit detailed quarterly progress reports to the Housing and Human Services Department by the 10th of the month following the reporting quarter. Please see the reporting schedule below: Quarter Service Dates Report Due 1st Quarter January 1 March 31 Aril 15th 2nd Quarter Aril 1 - June 30 July 15th 3rd Quarter Jul 1 - September 30 October 1511h 411h Quarter October 1 - December 31 January 151h 1601 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following address: Physician Led Access Network (PLAN) 222 Industrial Road Naples, Florida 34104 Lauren Leifer, Executive Director Phone: 239 - 776 -3016 All notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Housing and Human Services Department 3301 Tamiami Trail East Bldg. H /211 Naples, Florida 34112 Attn: Marcy Krumbine, Director Phone: 239- 252 -2273 Fax: 239- 732 -2638 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 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. SUBCONTRACTS. Any work or services subcontracts by the Contractor shall be specifically by written contract or agreements, 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 Contractor of any subcontract hereunder, such subcontracts must be submitted by the Contractor to Housing and Human Services for its review and approval. None of the work or services covered by the Agreement, including but not limited to consultant work or services, shall be subcontracted by the Contractor or reimbursed by the County without prior written approval of the Housing and Human Services Director or her designee. 7. AMENDMENTS. The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD 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 16D1 Purchasing Policy And Administrative Procedures in effect at the time such modifications are authorized. 8. PERMITS: LICENCES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within 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. 10. 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- 53, 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. 16D1 11. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non - performance. 12. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. a. Equal Employment Opportunity Plan requirements: In accordance with Federal regulations, and Assurance No.6 in the Standard Assurances, your organization must comply with the following EEOP requirements: 13. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent 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 shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. 0 1601 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 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 Contractor or Consultant or anyone employed or utilized by the Contractor 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. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Human Services Department. 14. 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. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 5 1601 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk By: A� ARtw ei.`je( s sig au" ai • Approved as to form and legal sufficie Robert N. Zack ary Assistant County Attorney COLLIER COUNTY HOUSING AND HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS COLLIER COU)jrY, FLO A By: TOM HENNING, CHAIRMAN Date: February 12, 2008 PHYSICAN I, ACCESS I�L�TWORK OF COLLIER O Y _ � � Date: January 29, 2008 0 DIRECTOR Item # Agenda Date Date Rec'd l A k_ _ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL I� D TO ACCOMPANY ALL ORIGINAL DOCUMENTS, SENT TO r 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 acrd 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 excention of the Chairman's signature draw a line thronnh o,00 o lin— fi I un ,.,......i,.e aI- _u__,.c... Route to Addressee(s) (List in routing order Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) Z,//?-/O � 2. Chairman Tom Henning BCC Agenda Item Number 16D _ Z 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. by the Office of the County Attorney. This includes signature pages from ordinances, a t Fee Deferral Agreement 5. Sue Filson, Executive Manager Board of County Commissioners Attached 6. Minutes and Records Clerk of Court's Office Documents Attached 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 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 Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 02/12/2008 Agenda Item Number 16D _ Z Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, a t Fee Deferral Agreement Number of Original I Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRUCTIONS At CHECIC1,ICT C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's n/a 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 of BCC approval of the document or the final negotiated contract date whichever is applicable. 7� 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. 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 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 Return to Frank Ramsey HMS 3301 E Tamiami Trail Naples, FL 34112 File# 08- 109 -IF 4128899 OR: 4330 PG: 0707 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/14/2008 at 01:37PK DWIGHT B. BROCK, CLERK RBC FIE 27.00 COPIES 3.00 Retn: CLERK TO THE BOARD a� 6 ^ INTEROPPICB 4TH FLOOR 1 +j+' 2 BIT 8406 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 i;: day of January, 2008, 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 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 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 of 2 OR: 4330 PG: declare that the deferred impact fees are then in default and immediately due and payable 0708 16D2 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK Clerk COLLIER COUNTY, $LORIDA By: >c 'A'0 1A OZ By: 18 Si to 4M1 Deputy Clerk —FO VA 'alp DEVELOPER: Habitat for Humanity of Collier County, Inc. Witnesses: By Print Name ` ie � Y'rj SSamuel urso, M.D. Title: resident Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this t 5 day of January, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is nersonall� known to me or has produced as identification. [NOTARIAL SEAL] , � EA -O � .Uli<. a1 tOMMI iuNk UDS'>UBA '�7�j iP{R�S��ud79.d6I0 s�a ai a i Approvep al to forry and legal su is Qcy:1 Jeffrey Aiatzko Chief Ass tant Co ty Attorney (Signature of Notary Public)l (Print Name of Notary Pub14c) Recommend approval: cy Krumbine, birector of Housing & Human Services Page 2 of 2 * ** OR: 4330 PG: 0709 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 166, 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 1. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved _/_/_ 1602 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 S TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG 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 Zinn thrnnoh rniui­ ii— ai ga I- ..r.,._...:,.. ._ .. ., _. Route to Addressee(s) (List in routing order Office —wau w J.. rubv, Initials time HD?, Date 1.Frank Ramsey Housing and Human Service (Initial) Applicabl e) 2. Chairman Tom Henning BCC Agenda Item Number 16D 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Imp p t F e fert a 5. Sue Filson, Executive Manager Board of County Commissioners 1 Attached 6. Minutes and Records Clerk of Court's Office D- 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 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 Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact atimooriate. (Initial) Applicabl e) Agenda Date Item was 02/12/2008 Agenda Item Number 16D Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Imp p t F e fert a A ree t Number of Original 1 Attached 1 contracts, agreements, etc. that have been fully executed by all parties except the BCC D- Documents Attached Chairman and Clerk to the Board and possibly State Officials.) INSTRUCTIONS & CHECKLIST C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not atimooriate. (Initial) Applicabl e) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the 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 n/a 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 of BCC approval of the y� rOffice document or the final negotiated contract date whichever is applicable. %K... 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. 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 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples, Fl, 34112 File# 08- 110 -IF 4128900 OR: 4330 PG: 0710 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/14/2008 at 01:37PM DWIGHT B. BROCE, CLERK RBC FEE 27.00 COPIES 3.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 8406 This space for recording 16D3 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 /5 day of January, 2008, 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 Twenty Six Thousand Two Hundred Four and 83/100 Dollars ($26,204.83 ).. 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 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 of 2 OR: 4330 PG: 0711 declare that the deferred impact fees are then in default and immediately due and payabJ AD 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terns of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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 Lin �O1.i1�19 L n.0 Att"t a t4 CM!rfWlfdty Clerk iivwdwe 0018 Witnesses: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DEVELOPER: Habitat for Humanity of Collier Coin Inc. Bj/ %'%% Samuel urso, M.D. Title: President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of January, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me or has produced as identification. t " NORMA LORA -TREJO ' Ml I JMMIS 10N' . LD 90338 I'IRI_ _wmea 17.20!!t z ����F;�. ii. MwLyl ^sanac ?exw.lb. � "'fM!NWT =vii VIIIJ-, M1N4h legal Jeffrey Aatzk Chief As stant C tnty Attorney (Signature of Notary Public) �� Jirnu �fut l yc (Print Name of Notary Public) Recommend approval: arcy Krumbine, liirktor of Housing & Human Services Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION * ** OR 4330 PG; 0712 * ** 1603 Lot 7, Block 9, Naples Manor Addition, according to the Plat thereof as recorded in Plat Book 3, pages 67 and 68, Public Records of Collier County, Florida. STREET ADDRESS 5326 Carlton Street, Naples, Florida 34113 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. Sewer System Fee K. Water System Fee TOTAL IMPACT FEES JAK Approved _/_/_ Amount Owed $100.59 $113.53 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 $3,515.00 $3,415.00 $26,204.83 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 D THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA RE T Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents 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 exception of the Chairman's signature, draw a line throu h routing lines #I through #4 com fete the checklist and forward [ S Fl li #5 Route to Addressee(s) (List in routing order Office o ue r son Initials ( ne Date 1.Frank Ramsey Housing and Human Service (Initial) 01/00 2. Chairman Tom Henning BCC Agenda Item Number 16D_ U 3. Approved by the BCC 4. I Type of Document Im efe act Fee rral 5. Sue Filson, Executive Manager Board of County Commissioners I Attached 6. Minutes and Records Clerk of Court's Office Documents Attached 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 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 Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 02/12/2008 Agenda Item Number 16D_ U Approved by the BCC I Type of Document Im efe act Fee rral a me Number of Original I Attached contracts, agreements, etc, that have been fully executed by all parties except the BCC Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n/a 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 of BCC 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. 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 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to Frank Ramsey HHS 3301 E Tsmiami Trail Naples, FL 34112 File# 08- 111 -IF 4128901 OR: 4330 PG: 0713 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/14/2008 at 01:37PH DWIGHT E. BROCK, CLERK RBC FEB 21.00 COPIES 3.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 164 EKT 8406 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 _L?__ day of January, 2008, 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 Twenty Six Thousand Two Hundred Four and 83/100 Dollars ($26,204.83 ).. 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 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 of 2 OR: 4330 PG: 0714 declare that the deferred impact fees are then in default and immediately due and payall. 6X 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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: Att#st aT to' &1 gputy Clerk : /QMt" *aim Witnesses: Print Name,l JPe,T -J (D(, t • 1L PrintName /l �,,.���. ��.�- -7- BOARD OF COUNTY COMMISSIONERS COLLIER.COUNTY. FLORIDA DEVELOPER: Habitat for Humanity of Collier County Inc. By% Samuel J. Ilurso, M.D. Title: President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this l day of January, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally c nwn to me or has produced as identification. [NOTARIAL SEAN. x � ti i d,MIS Il n i 41p)?F. y v legal Jeffrey l atzko Chief As tant Collity Attorney (Signature of Notary Public) (Print Name of Notary Public) Recojpmend approval: p cy Krumbin , birector of Housing & Human Services Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION * ** OR; 4330 PG; 0715 * ** 16D4 Lot 6, Block 9, Naples Manor Addition, according to the Plat thereof as recorded in Plat Book 3, pages 67 and 68, Public Records of Collier County, Florida. STREET ADDRESS 5322 Carlton Street, Naples, Florida 34113 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. Sewer System Fee K. Water System Fee TOTAL IMPACT FEES JAK Approved _/_/_ Amount Owed $100.59 $113.53 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 $3,515.00 $3,415.00 $26,204.83 ORIGINAL DOCUMENTS CHECKLIST & ROUTING J� TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T1I 6 L THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to 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 somamre, draw a line throueh routine lines 91 thrnunh xa rmmn]P,, fhP rhP 1,u . .-A f.....,...A c.... t ;, --- Route to Addressee(s) (List in routing order Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) r/ d 2. Chairman Tom Henning BCC Agenda Item Number 16D 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Im t Fee rral eemen Number of Original 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 BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact 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 Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 02/12/2008 Agenda Item Number 16D A roved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Im t Fee rral eemen Number of Original I Attached Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's —1`0' rea Office and all other parties except the BCC Chairman and the Clerk to the Board X_ 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is a22licable. 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. *�Z/J Some documents are time sensitive and require forwarding to Tallahassee within a certain l� time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4128902 OR: 4330 PG: 0716 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02114(2008 at 01 :37PH DWIGHT E. BROCK, CLERK BBC FBI 27.00 COPIES 3.00 Frank Ramsey Retn: HHS CLERK TO THE BOARD 3301 E Tamiami Trail INTEROFFICE 4TH FLOOR Naples, FL 34112 1 6 D 5 I %? 840E File# 08- 112 -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 I-L day of January, 2008, 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 Twenty Six Thousand Two Hundred Four and 83/100 Dollars ($26,204.83).. 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 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 of 2 OR: 4330 PG: 0717 1605 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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: _ �u t LIJ� Ak , L -w n-e-. Attest as CMj Wputy Clerk st9natw* 001� Witnesses: Print Nam Print Name k), L- BOARD OF COUNTY COMMISSIONERS COLLIER UN S Y, LORIDA By: V " 7,1141M DEVELOPER Habitat for Humanity of Collier Co}mty, Inc,-, 311 Durso, M.D. President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrumentAgreement was acknowledged before me this to day of January, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personnQwn tome or has produced as identification. [NOTARIAL SEAL] Ap+ved as legal Buff" Chief Attorney N uc (Signature of Notary Public) 1 I (Print Name of Notary Public) Recommend approval: rumbine, Oifector of & Human Services Page 2 of 2 1? EXHIBIT "A" LEGAL DESCRIPTION * ** OR; 4330 PG. 0718 * ** 16D5 Lot 5, Block 9, Naples Manor Addition, according to the Plat thereof as recorded in Plat Book 3, pages 67 and 68, Public Records of Collier County, Florida. STREET ADDRESS 5318 Carlton Street, Naples, Florida 34113 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. Sewer System Fee K. Water System Fee TOTAL IMPACT FEES JAK Approved / / Amount Owed $100.59 $113.53 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 $3,515.00 $3,415.00 $26,204.83 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 ]land delivered to the Board Office. The completed r nal documents are to be forwarded to the Board Office only after the Board luts taken action on the item.) 1-6pff 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 throug routing lines #1 through #4 com lete the checklist and forward to Sue Fit li #5 Route to Addressee(s) (List in routing order) L Office so Initials ne . Date I.Frank Ramsey Housing and Human Service 73e- -zllz-lo v 2. Chairman Tom Henning BCC Ag�nda —1tem Number 16D 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. by the Office of the County Attorney. This includes signature pages from ordinances, —7W L, 5. Sue Filson, Executive Manager Board of County Commissioners Attached IrWe 6. Minutes and Records Clerk of Court's Office Documents Attached 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 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 tile item.) Name of Primary Staff Frank Ramsey, Housing Manager PhoneNumber --T5-2-2336 N/A (Not Contact approoriate. (Initial) Agenda Date Item was 02/12/2008 Ag�nda —1tem Number 16D Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, —7W L, Number of Oriji—nal —I Attached IrWe W Vent () Lo_t, (,0 Documents Attached INSTRUCTIONS & CHECKLIST 1: Fornal County Fonrls/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not 1:1 approoriate. (Initial) Original document has been signed/initialed for legal sufficiency. (All documents to be _Ap2j�able) 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, —7W L, resolutions, etc. signed by the County Attorney's Office and signature pages from 71 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 initiated by the County Attorney's — n/a 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 of BCC 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. W, 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 BCC's actions are nullified, Be aware of your deadlines! 6. The document was approved by the BCC on 02/12/2008 and all changes made d the meeting have been incorporated in the attached document. The County Atto Office has reviewed the changes, if applicable. 1: Fornal County Fonrls/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to Frank Ramsey uns 3301 E Tamiami Trail Naples, Fl, 34112 File# 08- 113 -IF 4128903 OR; 4330 PG; 0719 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/14/2008 at 01t37PH DWIGHT E. BROCK, CLERK REC FEE 27.00 COPIES 3.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR H %T 8406 This space for recording 16D6 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 / S day of January, 2008, 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 Twenty Six Thousand Two Hundred Four and 83/100 Dollars ($26,204.83 ).. 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 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 of 2 OR: 4330 PG: 0720 16D6 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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: 4 t &S,16 i*y Clerk Witnesses: 0=88M i Name (o---' o .. _ -7 , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:.�Safl,� •��0� `1�D►� �Q,►����(i 001t� �hairman DEVELOPER: Habitat for Humanity of Collier County, Inc. By��'��. Samue .Durso, M.D. Title: President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this /6 day of January, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known— to—me or has produced as identification. [NOTARI w�iv�n •.�vwv J AL SEAL] NiMA�,UitA= l'REJO� �. , U r L 0319 `10 ✓vw�w ��wvwwvv� RUN 14 County Attorney (Signature of Notary Public) °VA4U� � "l "C-1 - & (Print Name of Notary Public)' Recommend approva . c..� - arcy Krumbine, irector of Housing & Human Services Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION * ** OR: 4330 PG: 0721 * ** Lot 22, Block 6, Naples Manor Addition, according to the Plat thereof as recorded in Plat Book 3, pages 67 and 68, Public Records of Collier County, Florida. STREET ADDRESS 5309 Confederate Drive, Naples, Florida 34113 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $113.53 C. Library Impact Fee $460.23 D. Community Parks Impact Fee $935.00 E. Regional Parks Impact Fee $2,068.00 F. Educational Facilities System Impact Fee $8,228.00 G. Road Impact Fee $6,359.00 H. Government Buildings Impact Fee $725.00 I. Law Enforcement Impact Fee $285.48 J. Sewer System Fee $3,515.00 K. Water System Fee $3,415.00 TOTAL IMPACT FEES $26,204.83 JAK Approved _/_/_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL4 6 0 7 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 execution of the Chairman's signature. draw a line through routin. fines 41 thrmiph #a rmmnleta the A—Utet —A f .. it .,, e„> ca..,... (I;-- uct Route to Addressee(s) (List in routing order Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) z hzjov 2. Chairman Tom Henning BCC Agenda Item Number 16D 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. I act Fee eferr 1 A reem nt 5. Sue Filson, Executive Manager Board of County Commissioners Attached 6. Minutes and Records Clerk of Court's Office Documents Attached 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 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 Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 02/12/2008 Agenda Item Number 16D Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document I act Fee eferr 1 A reem nt Number of Original 1 Attached (� Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ Comfy Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1,26 05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initiated by the County Attorney's n/a 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 of BCC 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 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 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ Comfy Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1,26 05, Revised 2.24.05 Return to Frank Ramsey MIS 3301 E Tamiami Trail Naples, FL 34112 File# 08- 114 -IF 4128904 OR; 4330 PG; 0722 RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, PL 02/14/2008 at 01 :31PN DWIGHT B. BROCK, CLERK NBC FEB 21.00 COPIES 3.00 Retn: CLERK TO THE BOARD 16 D INTEROFFICE 4TH FLOOR 7 BKT 8406 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 i b day of January, 2008, 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 tees are duly deferred. As set forth in Exhibit `B," the amount of the deferred impact fees is Twenty Six Thousand Two Hundred Four and 83/100 Dollars ($26,204.83).. 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 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 of 2 OR: 4330 PG: 0723 16D7 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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:1}IOCC, Clerk By: y:I Cw Q•C. „gin! 05eputy -Clerk Att"t of to �'f 919U*W* 08i,,,,, 444* BOARD OF COUNTY COMMISSIONERS COLLIER C LINTY, F ORIDA By: ' 1 O TOM HENNING, Chairman DEVELOPER: Habitat for Humanity of Collier Count', Inc. Witnesses:i Print N" e ='AE i Samuel r urso, M.D. c Title: President Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrumentAgreement was acknowledged before me this 1Y day of January, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me or has produced as identification. [NOTARIAL SEAL] ARM "nR ^, 1RCJO Aild ey (Signature of Notary Public - (Print Name of Notary Public) Recom, end approva Ma*y Krumbind, Director of Housing & Human Services Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION * ** OR; 4330 PG; 0724 * ** S E Lot 6, Block 10, Naples Manor Addition, according to the Plat thereof as recorded in Plat Book 3, pages 67 and 68, Public Records of Collier County, Florida. STREET ADDRESS 5321 Carlton Street, Naples, Florida 34113 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. Sewer System Fee K. Water System Fee TOTAL IMPACT FEES .IAK Approved " Amount Owed $100.59 $113.53 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 $3,515.00 $3,415.00 $26,204.83 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI� 6 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO v 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 04 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 routine lines #1 through 44. mmnlete the rheo4lict and F e rl n, Q­ v;l— n:.,o e<i Route to Addressee(s) List in routing order Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) /,_ /D� Z- G� 2. Chairman Tom Henning BCC Agenda Item Number 16D p 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed O 4. Imp a Ief al Agreement Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners U 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 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 BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 02/12/2008 Agenda Item Number 16D p Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed O Type of Document Imp a Ief al Agreement Number of Original 1 Attached U Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03,04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, �® resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n/a 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 of BCC approval of the y® 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. 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 02112/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03,04, Revised 1.26.05, Revised 2.24.05 Return to Frank Ramsey 11Hs 3301 E Tamiami Trail Naples, FL 34112 File# 08- 115 -IF 4128905 OR: 4330 PG: 0725 RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL 02/14/2008 at 01:37PN DWIGHT B. BROCK, CLERK REC FEE 27.00 COPIES 3,00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EKT 8406 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 ?r� day of January, 2008, 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 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 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 6 assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page I of 2 OR: 4330 PG: 0126 .1. 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. DEVELOPER will sell the unit to persons whose legal status will he verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall he 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 K10Itl►Yt►'1 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK;,Clerk By: _ AttIst as to &jrvA, {leputy Clerk sig"tws oslI Witnesses: BOARD OF COUNTY COMMISSIONERS COLLIER C TY, F ORIDA By: TOM HENNING, Chairman DEVELOPER: Habitat for Humanity of Collier Coun , Inc. By- Samuel : urso, M.D. Title: President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrumentAgreement was acknowledged before me this day of January, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc.-WIJQ4 personally (mown to me or has produced as identification. [NOTARIAL SEAL] ,RY eye. Lisa B. Lefkow o: Commission # DD2s ;<:,,; P Expires March 4, 2003 301dW Troy Fain Insu�anu.lnc 000. "6 -.J9 legal Chief Attorney (Print Name of Notary Public) Re mend ap oval: arcy Krumbine Director of Housing & Human Services Page 2 of 2 * ** OR: 4330 PG: 0727 * ** .1 EXHIBIT "A" LEGAL DESCRIPTION Lot 61, 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. STREET ADDRESS 13521 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.08 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F. Educational Facilities System Impact Fee $2,862.00 G. Road Impact Fee $6,059.00 H. Government Buildings Impact Fee $410.00 I. Law Enforcement Impact Fee $171.61 J. Water Impact Fee $3,415.00 K. Sewer Impact Fee $3,515.00 TOTAL IMPACT FEES $19,372.46 JAK Approved _/_/_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLID L n TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 U 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 a,rd original documents are to be lorwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines H I through 44 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 Nl through 44, complete the checklist, and forward to Sue Filson (line 45). Route to Addressee(s) (List in routing order) Office Initials Date 1.Frank Ramsey Housing and Human Service �7� // /Q� liJ y 2. Chairman Tom Henning BCC Agenda Item Number 16D -9 I 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact F e err me al nt Number of Original 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 BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact 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 Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 02/12/2008 Agenda Item Number 16D -9 I Approved b the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact F e err me al nt Number of Original I Attached Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST L Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2 .24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n/a 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 of BCC approval of the If 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 si- nature 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. 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 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. L Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2 .24 05 Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 File# 08- 116 -IF 4128906 OR: 4330 PG: 0128 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/14/2008 at 01:37PN DWIGHT B. BROCK, CLERK RBC FEE 27.00 COPIES 3.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B1T 8406 This space for recording 16D9 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS �2r� This Agreement is entered into this( day of January, 2008, 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 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 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 of 2 OR: 4330 PG: 0129 16D9 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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.`BkOCK, Clerk By: 6A VA- Clerk Att�tt It{ to q 1r s stoMtU0e 061'1 BOARD OF COUNTY COMMISSIONERS COLLILCTY, F ORIDA '/� By' W'"' TO , Chairman DEVELOPER: Habitat for Humanity of Collier County, Inc. Witnesses: By: %i' Z Prin,�yame Samuel J. so, M.D. �1 Title: President Print STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrumentAgreement was acknowledged before me this 13_ day of January, 2008, by Samuel J. Durso, M.D. as President for Ha 'tat for Humanity of Collier County, Inc. who is personally known to me or has produced as identification. [NOTARIAL SEAL] aY p,r Lisa B. Lefkow ;'1'1'1_'1 `ai`: _' ¢- Commission # DD2008 46 y;•. Expires March 4, 1 ;ar 'B ix-1 troy Fein =ImmerRa, Inc. flW- 995 -Nt4 legal Chief e#sistant County Attorney i.. LS I Q L-0 + Huw (Print Name of Notary Public) Re mmend ap roval: arty Krumbme, Director of Housing & Human Services Page 2 of 2 * ** OR: 4330 PG: 0130 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 62, 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. STREET ADDRESS 13525 Koinonia Drive, Naples, Florida 34114 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 TOTALIMPACTFEES JAK Approved _ /_ /_ 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 SL1P6 p 10 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board 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 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) (List in routing order) Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) Applic able 2. Chairman Tom Henning BCC Agenda Item Number 16D — iO 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee rr I A ee t Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 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 BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applic able Agenda Date Item was 02/12/2008 Agenda Item Number 16D — iO Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee rr I A ee t Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 126.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able 1. Original document has been signed/initiated for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n/a 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 of BCC 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. y� 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 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 126.05, Revised 2.24.05 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DLING UNITS This Agreement is entered into this ay of January, 2008, 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 Seventy Two and 46/100 Dollars ($19.372.46). 5. The deferred impact fees shall he 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 nun 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 he 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 of 2 4128907 OR: 4330 PG: 0731 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/14/2008 at 01:37PN DWIGHT B, BROCE, CLERK xr,.r °a REC FEE 21.00 Fr °°h COPIES 3.00 Has 3391ETmumi Trsi " °""°'r''3°'Z REED: CLERK TO THE BOARD 16 p 10 File#08- 117 -IF INTEROFFICE 4TH FLOOR 31T 8406 Thu°peefor,.wdieg LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DLING UNITS This Agreement is entered into this ay of January, 2008, 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 Seventy Two and 46/100 Dollars ($19.372.46). 5. The deferred impact fees shall he 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 nun 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 he 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 of 2 OR; 4330 PG; 0732 declare that the deferred impact fees are then in default and immediately due and payable. The 16010 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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: 6,4-MA- i ggpa • Attest a t0 f Ntys lerk tlpiatwo oel N Witnesses: BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORI A By: 117,108- TOPE ING, C imran DEVELOPER: Habitat for Humanity of Collier County, ]qe. Samuel J. , M.D. Title: Preirdent COUNTY OF COLLIER The foregoing instrumen[Agreement was acknowledged before me this 0 IL day of January, 2008, by Samuel J. Durso, M.D. as President for itat for Humanity of Collier County, Inc. who is personally known to me or has produced as identification. [NOTARIAL SEAL] (Signature of otary Public a Lisa B. Lefkow S� Commission # DD293449 k (Print Name of Notary Public) Expires March 4, 200E •'r��,F," 6oNW troy Fain- Insuranre.'.nc Reco end approval: — __.. Marcy Krumbine, i ctor of Housing & Human Services Page 2 of 2 * ** OR: 4330 PG: 0733 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 63, 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. STREET ADDRESS 13529 Koinonia Drive, Naples, Florida 34114 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 IMPACT FEES JAK Approved _/_I__ 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 16010 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR S GNA116 D l 1 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 routine lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) Applic able) 2. Chairman Tom Henning BCC Agenda Item Number 16D —1 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact w lVeferWeement Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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/prepued 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 BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applic able) Agenda Date Item was 02/12/2008 Agenda Item Number 16D —1 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact w lVeferWeement Number of Original 1 Attached I W Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, �y resolutions, etc. signed by the County Attorney's Office and signature pages from v 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 + n/a 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 of BCC 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. 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 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 4128908 OR: 4330 PG: 0734 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/14/2008 at 01:37PK DWIGHT B. BROCK, CLERK Raern a RBC FEE 21,00 Frne4Rmeer COPIES 3.00 Has 3101 E Tminmi Trni Retn: Nnplm FL 11113 CLERK TO THE BOARD Ffle# 08-1 18-IF INTEROFFICE 47H FLOOR 16011 SET 8406 TOie rpea for raadieg LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DW%LING UNITS This Agreement is entered into this (yday of January, 2008, 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 tern 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 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 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 tun 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 he 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 (100/9) 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 of OR; 4330 PG; 0735 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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: BOARD OF OUNTY MISSIONERS DWIGHT E. BROCK, Clerk COLLIER, OUNTY, RI DA By: -By: ty Cler TOM HENNING, Chairman MW ", to CM 1 re" � sipetwt .001 ■ Witnesses: DEVELOPER: Habitat for Humanity of Collier Coun ;Inc. I By: Samuel J. P6so, M.D. Title: Ppd6sident COUNTY OF COLLIER The foregoing instrumentAgreement was 2008, by Samuel J. Durso, M.D. as President for personally known to me or has produced �,- [NOTARIAL SEAL] wY Lisa B. LefkoV' L d Commission # DD293446 (Frio[ N Expires March 4, 2006 '.f,�]r„ annaW rray rein =mcurenre,inc. 800-: b 01* legal County Attorney [edged before me this a I day, of January, for Humanity of Collier County, Inc. who is of Notary Public) JKecend approval rnrobme, Dire or of Housing & Human Services Page 2 of 2 16D11 * ** OR: 4330 PG: 0736 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 64, 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. STREET ADDRESS 13533 Koinonia Drive, Naples, Florida 34114 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 L Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAK Approved _I_/__ 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 16011 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16D THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU KE 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 41 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ceerinn of the Chaivnan's sieronmve . draw a line through routine lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 11rank Ramsey Housing and Human Service (Initial) Applic able) 2. Chairman Tom Henning BCC Agenda Item Number 16D,j Z 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact F e D fern Bement Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 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 BCC office only after the BCC has acted to approve the item. Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applic able) Agenda Date Item was 02/12/2008 Agenda Item Number 16D,j Z Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact F e D fern Bement Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the 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 Z/ n/a 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 of BCC 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. 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 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to Fmok Ramsey lugs 3301 E Tamismi Trail Naples, FL 34112 File# 08- 120 -IF 4128909 OR; 4330 PG; 0737 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/14/2008 at 01:37PH DWIGHT E. BROCK, CLERK REC FEB 27.00 COPIES 3.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 8406 This apace for recording 16D12 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS 4- This Agreement is entered into this5 day of January, 2008, 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 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 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 of 2 OR: 4330 PG: 0738 16012 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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: &11A - Deputy Clerk 4""t as to CIk Irw�, stwoum ON Is Witnesses: BOARD OF COUNTY COMMISSIONERS COLLIER OUNTY, LORIDA By: Z117/or TOM HENNING, Chairman DEVELOPER: Habitat for Humanity of Collier County, Inc. By:, Samuel J. Durso, M.D. Title: President COUNTY OF COLLIER The foregoing instrumentAgreement was acknowledged before me this a -3 day of January, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me or has produced /% as identification. [NOTARIAL SEAL] 4PP <.PUBG Lisa B. I_e ow P Commission # DU2.5 Z Expires March a. '2CY"8 •����. Bontletl Trv, P�h -marwrn mn 'pF'U+.. �i9 Chief Usistapt County Attorney (Print Name of Notary Public) Recommend appr Val: �D y Krumbin , 6irector of Housing & Human Services Page 2 of 2 * ** OR; 4330 PG. 0739 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 60, 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. STREET ADDRESS 13517 Koinonia Drive, Naples, Florida 34114 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 IMPACT FEES JAK Approved _/_/_ 16012 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 SL f� n 13 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 V U 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) (List in muting order Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) Applic able) 2. Chairman Tom Henning BCC Agenda Item Number 16D _ 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impa t Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office IZ�71u �SK�]`�17��71Il1►`t21119 "1030 (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 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 Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applic able) Agenda Date Item was 02/12/2008 Agenda Item Number 16D _ Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impa t Number of Original 1 Attached WItleemenint Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the 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 n/a 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 of BCC 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 si ature 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. r7/�, 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 BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 4128910 OR: 4330 PG: 0740 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, PL 02/14/2008 at 01:37PN DWIGHT E. BROCI, CLERK RBC FEE 27.00 Return to Rein: COPIES 3.00 1 Frank 6 n 13 eh Ramsey CLERK TO THE BOARD 1 U HHS INTEROFFICE 4TH FLOOR 3301 E Tamiami Trail Naples, p1.34112 HIT 8406 File# 08- 121 -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 � day of January, 2008, 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 Seventy Two and 46/100 Dollars ($19,372.46). 5. The deferred impact fees shall he 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 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 of 2 OR: 4330 PG: 0141 16D13 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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: 1JI1 A11141LLA10-C - Deputy Clerk AltNt as Cha rtian s ifgneu" on1 • BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA F1iI6 _ , DEVELOPER: Habitat for Humanity of Collier County, Inc Witnesses: By /��. Pn*t Name G Samuel J. M.D. (% Title: President Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrumentAgreement was acknowledged before me this Dk.7� day of January, 2008, by Samuel J. Durso, M.D. as President for itat for Humanity of Collier County, Inc. who is personally known to me or has produced as identification. n [NOTARIAL SEAL] v'P Lisa B. Letkow �pP.... Ug •i Commission # DD293446 pires March 4, NOB wa EX o iam.muiance. uc 9oo3s5 -iot5 form and Chief 4sist*t County Attorney (Print Name of Notary Public) M y Krumbin , Director of Housing & Human Services Page 2 of 2 * ** OR; 4330 PG. 0742 * ** 16D13 EXtUBIT "A" LEGAL DESCRIPTION Lot 57, 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. STREET ADDRESS 13505 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.08 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F. Educational Facilities System Impact Fee $2,862.00 G. Road Impact Fee $6,059.00 H. Government Buildings Impact Fee $410.00 1. Law Enforcement Impact Fee $171.61 J. Water Impact Fee $3,415.00 K. Sewer Impact Fee $3,515.00 TOTAL IMPACT FEES $19,372.46 ]AK Approved _/_/_ ORIGINAL ACC OMPANY ALL ORIGINAL DOCUMENTS SENT TO LIP1 D THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print 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 alter 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 95). Route to Addressee(s) (List in routing order Office Initials Date 1.Frank Ramsey Housing and Human Service ( ^ a/O (� 2. Chairman Tom Henning BCC Agenda Item Number 16D -1 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed I 4. ee Impact eferr ement Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 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 BCC office only after the BCC has acted to approve the item. Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applic able) Agenda Date Item was 02/12/2008 Agenda Item Number 16D -1 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed I Type of Document ee Impact eferr ement Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached _ I INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2,24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 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 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.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n/a 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 of BCC 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. 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 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2,24.05 Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 File# 08- 122 -IF 4128911 OR: 4330 PG: 0743 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/14/2008 at 01:37PR DWIGHT B, BROCK, CLERK BBC FEE 27.00 COPIES 3.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BET 8406 This space for recording 16014 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS (A- This Agreement is entered into this day of January, 2008, 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 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 Agreementis 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 of 2 OR: 4330 PG: 0744 16D14 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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: p.le ' ,Deputy Clerk AUMt tf to Ow I r a" i $19111Iwe OR) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DEVELOPER: Habitat for Humanity of Collier Coun , in,.? Witnesses: _- By:',� l PrjName Samuel J. Durso, M.D. Title: President Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrumentAgreement was acknowledged before me this n13 day of January, 2008, by Samuel J. Durso, M.D. as President for bitat for Humanity of Collier County, Inc. who is personally known to me or has produced as identification. [NOTARIAL SEAL] ignatur of Notary ublic) Lisa B. Lefkow ' ' _ Commission # IJD293a48 a : ` Expires March a, 2008 (Print Name of Notary Public) • a :; •?APP BontllN troy feiro lwmanmJnc rt00 �j% .P1Y Appro d o form and Re mend appro al: legal s r Jeffrey 1 tz y Krumbin , director of Chief A is t County Attorney Housing & Human Services Page 2 of 2 * ** OR: 4330 PG: 0745 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 58, 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. STREET ADDRESS 13509 Koinonia Drive, Naples, Florida 34114 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 IMPACT FEES JAK Approved _/ /_ 16D14 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 SIlPL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO %J D 1 5 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 04, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order) Office Initials Date 11rank Ramsey Housing and Human Service (Initial) /4/0 2. Chairman Tom Henning BCC Agenda Item Number 16D —1 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee efe al A regiment Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 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 BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 02/12/2008 Agenda Item Number 16D —1 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee efe al A regiment Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All 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, y/ 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.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's n n/a Office and all other parties except the BCC Chairman and the Clerk to the Board r� 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is 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. Some documents are time sensitive and require forwarding to Tallahassee within a certain lf� time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to Frank Ramsey MIS 3301 E Tamismi Trail Naples, FL 34112 File# 08- 123 -IF 4128912 OR: 4330 PG: 0746 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/14/2008 at 01:37PR DWIGHT B. BROCK, CLERK RBC FEB 27.00 COPIES 3.00 Retn; CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 8406 This spare for recording 16015 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS (A,e This Agreement is entered into this day of January, 2008, 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 1113," 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 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 of 2 OR: 4330 PG: 0747 16D15 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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: Ww AuiaW Q. Deputy Clerk AU 811 Irmo SJOINtli" 00 IV Witnesses: BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA By: t TOM YIENNM, Chairman DEVELOPER: Habitat for Humanity of Collier County, JRc. Samuel J. DJJrs�o, M.D. Title: Pre 'dent COUNTY OF COLLIER The foregoing instrumentAgreement was acknowledged before me this �3 day, of January, 2008, by Samuel J. Durso, M.D. as President for itat for Humanity of Collier County, Inc.,Ivho is personally known to me or has produced as identification. I ----- [NOTARIAL SEAL] etkow # DD293446 rch 4, 2008 'uronce, Inc. B06D3S]019 and Chief 4sis#tnt County Attorney of Notary Public) Rec mend app val: arcy Krumbi e, Director of Housing & Human Services Page 2 of 2 * ** OR. 4330 PG; 0748 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 59, 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. STREET ADDRESS 13513 Koinonia Drive, Naples, Florida 34114 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 TOTALIMPACTFEES JAK Approved _ /_ /_ 16D15 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 S PV 16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA U 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 41 through 94 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 aline throu h routing lines #1 throw #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) -1-//L /n 2. Chairman Tom Henning BCC Agenda Item Number 16D— 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impac Fee efe a Bement Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 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 BCC office only after the BCC has acted to approve the item. Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applic able) Agenda Date Item was 02/12/2008 Agenda Item Number 16D— Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impac Fee efe a Bement Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2,24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, 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 n/a 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 of BCC 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. 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 02 /12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2,24 05 Return to Frank Ramsey HMS 3301 E Tamiami Trail Naples, FL 34112 File# 08- 124 -IF 4128913 OR: 4330 PG: 0149 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, PL 02/14/2008 at 01:37PH DWIGHT B. BROCK, CLERK RBC FEE 21.00 COPIES 3.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BET 8406 This space for recording 16016 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100016 OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS rl- This Agreement is entered into this Z5 day of January, 2008, 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 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 of 2 OR: 4330 PG: 0750 16D16 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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: C _ Deputy Clerk dN1ran I signature 0,01%, Witnesses: BOARD OF COUNTY COMMISSIONERS COLLIER C LINTY, F ORIDA By: .. TOM ENNI I , Chairman DEVELOPER: Habitat for Humanity of Collier County, Inc, C Title: I J. COUNTY OF COLLIER The foregoing instrumentAgreement was acknowledged before me this 3 day of January, 2008, by Samuel J. Durso, M.D. as President for bitat for Humanity of Collier County, Inc. ha o is personally known to me or has produced as identification. [NOTARIAL SEAL] E Lisa B. Lefk Commission # 0293446 Expires March 4, 2008 naW Troy Fain- insuran in, 2W33S70`oR form and County Attorney Name of Notary Recommend appro l: C arc Krumbine, birector of Housing & Human Services Page 2 of 2 * ** OR: 4330 PG: 0751 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 180, 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. STREET ADDRESS 13508 Koinonia Drive, Naples, Florida 34114 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 IMPACT FEES JAK Approved _/_/_ 16D16 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 S ` TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 L 7 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) (List in routing order Office Initials Date 11rank Ramsey Housing and Human Service] (Initial) /MW 2. Chairman Tom Henning BCC Agenda Item Number 16D.- 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fet e erral ement Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office I' : LLs�a'L�Z�7`►YIGCI7 iu /:11M[�7►1 (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 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 Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applic able Agenda Date Item was 02/12/2008 Agenda Item Number 16D.- Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fet e erral ement Number of Original 1 Attached Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST L Forms/ County Fortes/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, / resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the 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 n/a 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 of BCC approval of the 7j 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. / R 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 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. L Forms/ County Fortes/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to Frank Ramsey NHS 3301 E Tamiami Trail Naples, FL 34112 File# 08- 125 -IF 4128914 OR: 4330 PG: 0752 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/14/2008 at 01:37PR DWIGHT B. BROCK, CLERK BBC FEE 27.00 COPIES 3.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BBT 8406 This space for recording 16017 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 day of January, 2008, 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 Twelve Thousand Four Hundred Forty Two and 46/100 Dollars ($12,442.46). 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 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 of 2 OR: 4330 PG: 0753 16D17 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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 -6y: Attest as to &I rJejuty Clerk BOARD OF COUNTY COMMISSIONERS COLLIER UNT), YLORIDA G By: — D TOM HENNING, Chairman if DEVELOPER: Habitat for Humanity of Collier County, Inc. Witnesses: /L %G %' i _ By: r1gt�Name / Gf o Gtt� Samuel J. so, M.D. r/ Title: Pr ident Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrumentAgreement was acknowledged before me this .a-:�)_ day of January, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me or has produced as identification. [NOTARIAL SEAL] ar Lisa B. Lefkow ` eY Commission: DD293446 =a•'` Expires March 4, 2008 • �, ,8.dWTmyfain- Insurence.inc 9Jd,a5 -d18 and County Attorney (Print Name of Notary Public) Rec mmend ap roval: Q ey Krumbi e, Director of Housing & Human Services Page 2 of 2 * ** OR; 4330 PG; 0754 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 40, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 3684 Justice Circle, Immokalee, FL 34142 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 TOTAL IMPACT FEES JAK Approved _/_/_ 16D17 Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $12,442.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI6 a 1 Q TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V 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 aline throu h routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line 45). Route to Addressee(s) (List in routing order Office Initials Date ).Frank Ramsey Housing and Human Service Initial) TA` O !� 2. Chairman Tom Henning BCC Agenda Item Number 16D 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fee A4rent Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 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 BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. Initial) Applic able) Agenda Date Item was 02/12/2008 Agenda Item Number 16D Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fee A4rent Number of Original 1 Attached Wrl Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WAS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the 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 n/a Office and all other par-ties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated 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. 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 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WAS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to Fronk Ramsey HHS 3301 E Tamiami Trail Naple& FL 34112 File# 08- 126 -IF 4128915 OR: 4330 PG: 0755 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/14/2008 at 01:37PK DWIGHT E. BROCK, CLERK REC FEE 27.00 COPIES 3,00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR SET 8406 This space for recording 16D18 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS L rd- This Agreement is entered into this Z5 day of January, 2008, 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 Twelve Thousand Four Hundred Forty Two and 46/100 Dollars ($12.442.46). 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 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 of 2 OR: 4330 PG: 0756 16018 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall he 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: L -c - , Deputy Clerk Attest as to Cha Ire" • s1pat" aal ■ Witnesses: BOARD OF COUNTY COMMISSIONERS COLLIER C LINTY, F ORIDA By: 1 TOM HENNING, Chairman DEVELOPER: Habitat for Humanity of Collier Coun Inc By: �� Samue . Durso, M.D. Title: President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrnmentAgreement was acknowledged before me this day of January, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known tie or has produced as identification. [NOTARIAL SEAL] a 'P' Lisa B. Lefkow Commission # 00293446 ¢= Expires March 4, 2008 � B-,wed troy Fw, lnanranc Inc a = ' -`�W form and legal Jeffrey w Chief is t County Attorney 1_ as( 6 Wk�-d (Print Name of Notary Public) 7Reco end appr al: Al A Maky Krumbine, Director of Housing & Human Services Page 2 of 2 * ** OR: 4330 PG: 0757 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 39, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 3680 Justice Circle, Immokalee, FL 34142 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 TOTAL IMPACT FEES JAK Approved _/_/_ �A Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $12,442.46 ORIGINAL DOCUMENTS CHECKLIST& ROUTING SL jj `7 ^ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO T` 6 U 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 ,.fl6P I'6si.mon'e ..b— draw a linr thrm,oh rruAino linec 91 thrnuoh 04 cmmol,w the checklist and forward to Rue Filson (line #5) . Route to Addressee(s) (List in routing order Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) Z11210 2. Chairman Tom Henning BCC Agenda Item Number 16D_ I� 3. Approved by the BCC I , 4. by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Impact e�j D f a ent 5. Sue Filson, Executive Manager Board of County Commissioners Attached U 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 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 BCC office only after the BCC has acted to approve the it— ) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 02/12/2008 Agenda Item Number 16D_ I� Approved by the BCC I , by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Impact e�j D f a ent Number of Original 1 Attached U Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 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 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 I , by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attomey'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.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's y® n/a 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 of BCC 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. 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 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 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 OR; 4330 PG; 0759 16019 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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 Deputy Clerk AttW a ,to a 1 ram t I1908tw't 0010 Witnesses: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: .�../ T fNG, Chairmman r DEVELOPER: Habitat for Humanity of Collier County, Samuel J. rso, M.D. Title: Pr sident COUNTY OF COLLIER The foregoing instrumentAgreement was acknowledged before me this a 3 day of January, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known je)me or has produced as identification. [NOTARIAL SEAL] •g�P ^'� °�e,. Lisa B. Lefk w ��� Commission # OD293446 �'�'a Ex ire , 2008 .�•a.�, p s March a 9onEetl Tray FamInsurenre. Inc 800335 -1019 .w form and Jeffrey Kl�iO&w Chief A is t County Attorney {Signature Of Notary (Print Name of Notary Public) Recommend approv I: y Krumbine,ldirector of Housing & Human Services Page 2 of 2 * ** OR: 4330 PG: 0760 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 109, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 3659 Justice Circle, Immokalee, FL 34142 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 TOTAL IMPACT FEES IAK Approved _/_/_ 16D19 Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $12,442.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING Si�I6020 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT 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 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 throu h routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) Applicable) 2. Chairman Tom Henning BCC Agenda Item Number 16D —Z-Z) 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fe f rraI A nt Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 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 BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 02/12/2008 Agenda Item Number 16D —Z-Z) Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fe f rraI A nt Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All 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 sohtracts, 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 y/ n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 1� 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is 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. 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 02/12/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to Frank Ramsey HMS 3301 E Tamiami Trail Naples, FL 34112 File# 08- 128 -IF 4128911 OR: 4330 PG: 0161 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/14/2008 at 01:37PK DWIGHT B. BROCK, CLERK RBC FEE 27,00 COPIES 3.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BET 8406 This space for recording 16DZ0 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS rd' This Agreement is entered into this Z3 day of January, 2008, 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 Twelve Thousand Four Hundred Forty Two and 46/100 Dollars ($12,442.46). 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 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 of 2 OR; 4330 PG; 0762 16D20 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. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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: Luk L /5D -( . A «t &_ tp 1 4puty Clerk Iignstw o 001 Witnesses: Print BOARD OF COUNTY COMMISSIONERS COLLIER C LINTY, FLORIDA By: To-TAI(IENNNib, Chairman DEVELOPER: Habitat for Humanity of Collier County, Inc. , Title: M.D. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrumentAgreement was acknowledged before me this d 3 day of January, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me or has produced as identification. [NOTARIAL SEAL] 1paY Lisa B. Lefkow Commission # DD29344C Expires March 4, N08 ,'��?�.` PooUW Troy Fain - Insurance. .rr. 300..1Yi]Ot5 and Chief Alsistfint County Attorney (S(gnaturebt Notaryr Wic) %a Lamp (Print Name of Notary Public) Reco mend appro al: Mdrcy Krumbine, birector of Housing & Human Services Page 2 of 2 * ** OR: 4330 PG: 0763 * ** EXHIBIT "A" LEGAL DESCRIPTION Lot 108, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 3655 Justice Circle, Immokalee, FL 34142 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 TOTAL IMPACT FEES JAK Approved _/_/_ 16D20 Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $12,442.46 16023 MEMORANDUM Date: February 14, 2008 To: Tona Nelson Sr. Administration Assistant Parks & Rec. Department From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Lease Modification Agreement between Collier County and the Children's Museum of Naples Enclosed please find an original agreement, as referenced above (Agenda Item #16D23), which was approved by the Board of County Commissioners on Tuesday, February 12, 2008. After forwarding to the appropriate parties for signature please return the fully executed original document to the Minutes and Records Department where it will be kept as part of the Board's permanent record. If you have any questions, please call me at 252 -8406. Thank you. Enclosures (1) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 D 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 —ne on of the Chairman's 6.g too,, drnw a line through routine lines #1 through #4. complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date I. d em- +L[ (Initial) 25240,31 2. 2008 Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number 3. tion /0-2 a / & 4. Par s by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 1 6. Minutes and Records Clerk of Court's Office `/ TN 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/prepued 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 BCC office only after the BCC has acted to approve the item. Name of Primary Staff /1�C� �&y� I S&X— Phone Number / Contact em- +L[ (Initial) 25240,31 Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number Approved b the BCC /0-2 a / & Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached )% rttoy a Documents Attached 1 INSTRUCTIONS & CHECKLIST 1: Form&/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All 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 `/ TN 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 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 of BCC 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. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be awar of our deadlines! 6. The document -was approved by the BCC on L {enter date) and all changes - made during the meeting have been incorporated in the attached document. The County Attorney is Office has reviewed the changes, if applicable. 1: Form&/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16023 LEASE MODIFICATION AGREEMENT THIS LEASE MODIFICATION AGREEMENT ( "Lease Modification ") is made as of February , 2008 ( "Effective Date "), by and between COLLIER COUNTY, a political subdivision of the State of Florida ( "Lessor "), whose address is 3301 East Tamiami Trail, Naples, Florida 34112, and the CHILDREN'S MUSEUM OF NAPLES, INC. ( "Lessee "), whose mailing address is P.O. Box 2423, Naples, Florida 34106, to modify that certain Lease Agreement dated December 16, 2003 ( "Lease ") between Lessor and Lessee, for the premises described therein ( "Demised Premises "). NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the Lessor and Lessee, Lessor and Lessee agree to modify the Lease as follows: 1. Article 2, Paragraph (C) is deleted in its entirety and replaced with the following: Lessee agrees to complete the proposed Facility on or before December 31, 2010. Lessee shall be responsible for providing Lessor with a copy of the Certificate of Occupancy issued by Collier County for the Facility. 2. Article 2, Paragraph (D) is deleted in its entirety and replaced with the following: If a Certificate of Occupancy for the Facility has not been issued on or before December 31, 2010, then Lessor shall have the option, upon sixty (60) days' written notice to Lessee, to terminate the Lease at any time after December 31, 2010, but before a Certificate of Occupancy for the Facility is issued. If Lessor exercises its right to terminate under this paragraph, then Lessor can take possession of the improvements on the Demised Premises without compensating Lessee in any way. Upon issuance of a Certificate of Occupancy, Lessor shall have no further right to terminate the Lease for nonperformance of the required construction. 3. Lessor acknowledges payment in full of the amount due under Article 4(A). 4. Lessor acknowledges receipt and approval of the construction plans and related improvements for the Facility as required by Article 5, Paragraph (2). 5. Article 5, Paragraph 3, is deleted in its entirety. The terms of this Lease Modification Agreement form a part of the Lease and shall control and take precedence over any and all terms, provisions and conditions of the Lease which might vary, contradict or otherwise be inconsistent with the terms and conditions hereof. All of the other Lease Modification Agreement Page 1 of 2 16023 terms, provisions and conditions of the Lease, except as expressly amended and modified by this Lease Modification, shall remain unchanged and are hereby ratified and confirmed and shall remain in full force and effect. This Lease Modification may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures by facsimile transmission of this Lease Modification shall be acceptable and binding upon both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals effective as of the Effective Date. AS TO LESSEE: WITNESSES: FIRST WITNESS (signature) ( print/type name) SECOND WITNESS (signature) (print/type name) CHILDREN'S MUSEUM OF NAPLES, INC. AS TO LESSOR: BOARD OF COUNTY COMMISSIONERS ATTEST-:" COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: on A� at to *1r2 aputy Clerk Tom Henning, Chairman sigmatwe 00114 Approved as to form and legal sufficiency: 'Thomas C. Pak &r' Assistant County Attorney F. \wpdomVte\1,ImlCWWr s mwV Modifiwion A�.dm Lease Modirication Agreement Page 2 of 2 16D25 MEMORANDUM Date: February 20, 2008 To: Rosa Munoz, Grants Mgmt. Coordinator Housing & Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Subrecipient Amendment to Homebuyer Ed Agreement: SHIP FY 2007 -2008 — Collier County Housing Development Corporation (CCHDC) Attached please find an original copy of the amendment agreement as referenced above, Agenda Item #16D25, approved by the Board of County Commissioners on Tuesday, February 12, 2008. The Minutes & Records Department has retained the second original which will be kept as part of the Board's permanent record. If you have any questions, please feel free to contact me at 252 -8406. Thank you. Attachments (1) 16D25 GO'= Memorandum r To: Patricia Morgan, Supervisor Clerk of Courts - Minutes and Records From: Rosa Munoz, Grants Management Coordinator Date: February 13, 2008 Subject: Subrecipient Amendment to Homebuyer Ed Agreement Re: SHIP FY 2007.2008 - Collier County Housing Development Corporation (CCHDC) Attached please find the original subrecipient amendment to agreement between Collier County and the Collier County Housing Development Corporation (CCHDC) for $35,000 in State Housing Initiative Partnership (SHIP) funds for a Homebuyer Education and Counseling Program. An original agreement was Filed at the Clerk of Courts, Minutes and Records Dept. This new strategy was included in the LHAP (Local Housing Assistance Plan) for State Fiscal Years 2008.2010 as approved by the BCC on April, 24th, 2007 - Resolution 2007.96 - Agenda Item 16D7. This amendment to agreement was approved by the BCC on February 12, 2008 - Item 16D25. The account string for this grant is 191 - 138785. 884700. 442071. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator - Administrative Services Division Joanne Markiewicz, Operations Manager- Purchasing File Department of Housing and Human Services Public Services Division 16 D25 AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION SHIP HOMEBUYER EDUCATION AND COUNSELING CSFA 452.901 THIS AMENDMENT TO AGREEMENT is entered into this s/2 day of �G6/`ttA.Q1r , 2008, 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 Florida non - profit corporation, hereinafter referred to as "SPONSOR." WHEREAS, the COUNTY and the SPONSOR previously agreed to certain terms under a prior Agreement dated October 9, 2007, a copy of which is attached hereto (hereinafter the "Agreement "); and WHEREAS, the COUNTY and SPONSOR desire to amend certain provisions of the October 9, 2007 Agreement, in order to facilitate the funding and reimbursement process for this State Housing Initiatives Partnership (SHIP) program. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the COUNTY and SPONSOR agree as follows: SECTION ONE: Paragraph III of the October 9, 2007 Agreement is hereby amended to read as follows: III. TIME OF PERFORMANCE The effective date of this Agreement shall be July 1, 2007 the date of exee ition of thisAgreem , and the services of the SPONSOR shall be undertaken and completed in light of the purposes of this Agreement. SECTION TWO: Paragraph VII C. of the October 9, 2007 Agreement is hereby amended to read as follows: 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 Page 1 of 2 16D25 part of this Agreement and shall be subject to approval of the COUNTY on either r " b, appreved P i4y'c authorized representa4ives. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. SECTION THREE: The prior attached Exhibit "A" to the October 9, 2007 Agreement is hereby. replaced with the attached, Revised Exhibit "A." SECTION FOUR: The prior attached Exhibit `B" to the October 9, 2007 Agreement is hereby replaced with the attached, Revised Exhibit `B." SECTION FIVE: All other terms and conditions of the October 9, 2007 Agreement remain unchanged. WITNESS our Hands and Seals on this I 1 day of FehruR 2008. COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION (SPONSOR SEAL) By �u�a KATHY P TTERSON ATTEST: DWIGHT E. BROCK, CLERK By: Attest ai Cylerk S1"atwe am Approved as to form and Attorney EXECUTIVE DIRECTOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J"� TOM RENNING, CHAIR Page 2 of 2 Item # I l D25 Agenda a_l� Date Date Recd 16D25 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION SHIP HOMEBUYER EDUCATION AND COUNSELING CSFA #52.901 This Agreement entered into this IT 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 Avenue, 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 agreed CCHDC /SHIP Page t of 15 2007 Agreement for Homebuyer Education & Counseling 16D25 by the Parties as follows: I. DEFINITIONS (1) "COUNTY" means Collier County, and where applicable, its authorized representative(s). (2) "SHIP" means the State Housing Initiatives Partnership Program of Collier County. (3) "HHS" means the Housing and Human Services Department of Collier County. (4) "SPONSOR" means Collier County Housing Development Corporation. (5) "HHS Approval" means the written approval of Housing & Human Services or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and very low income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". [I. 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 shalt 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 00/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 (1) 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 specified activities. CCHDC /SHIP Page 2 of 15 2007 Agreement for Homebuyer Education & Counseling VII. 16D25 GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED 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 guidelines and regulations. Prior to execution by the SPONSOR of any subcontract hereunder, 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 Program 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 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, approved by the COUNTY and signed by each Party's authorized representatives. 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 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 thereof, 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. CCHDC /SHIP Page 3 of 15 2007 Agreement for Homebuyer Education & Counseling 16 025 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 time as the exact amount of damages due to the COUNTY from the SPONSOR is determined. 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 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. 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 reserves 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 Agreement, it will be acting as an independent agent and that its employees 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 Page 4 of 15 2007 Agreement for Homebuyer Education & Counseling 1 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 agrees 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 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 Agreement shall be surrendered to HHS if requested. In any event the SPONSOR shall keep all documents and records for three (3) years after expiration of this Agreement. 3. SPONSOR shall submit monthly reports while work is underway and if applicable annual beneficiary reports by July 30` , to HHS using 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 -110, 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 Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL HHS, COUNTY, AND SHIP REQUIREMENTS 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. 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. 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 CCHDC /SHIP Page 5 of 15 2007 Agreement for Homebuyer Education & Counseling 16D25 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 -110 (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 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 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 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 return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS 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 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 agrees 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 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 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 necessary 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 enable HHS to evaluate said progress and to allow for completion of reports required 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 CCHDC /SHIP Page 6 of l5 2007 Agreement for Homebuyer Education & Counseling 16 025 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, the 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 preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). E. DRUG -FREE WORKPLACE REQUIREMENTS 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: No SHIP /STATE 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 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 /STATE contract, grant, loan, or cooperative 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, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. CCHDC /SHIP Page 7 of 15 2007 Agreement for Homebuyer Education & Counseling 16 D 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. SEVERABILITX OF PROVISIONS If any provision of this Agreement 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) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. CCHDC /SHIP Page 8 of 15 2007 Agreement for Homebuyer Education & Counseling 16 025 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 Y� 200 (SPONSOR SEAL) COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION BY: KA HY PATTERSON, EXECUTIVE DIRECTOR CCHDC /SHIP Page 9 of 15 2007 Agreement for Homebuyer Education & Counseling 16025 EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION SHIP HOMEBUYER EDUCATION AND COUNSELING THE SPONSOR AGREES TO: A. PROJECT SCOPE: The nonprofit is requesting SHIP funding for a Homebuyer Education and Counseling and Foreclosure Prevention Counseling Program. This program will be for residents of Collier County and will consist of homebuyer education and one -to -one counseling for potential 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 Naples, East Naples, Copeland and.perhaps Everglades City. c. Reach 225 attendees per year. d. 50% of attendees to receive SHIP financing. The SPONSOR will be responsible for providing supporting documentation for services when a request for payment is made to HHS. The SPONSOR further agrees that HHS, in consultation with any parties HHS deems necessary, shall be the final arbiter on the SPONSOR's compliance with the above. B. BUDGET: Line Item: Salaries Office Rent Supplies Printing/Manuals Utilities Copy services, postage, travel Class Space (in -kind) Food & Refreshments (in -kind) Volunteers (in -kind) Equipment TOTAL SHIP FUNDS $35,000.00 CCHDCISHIP Page 10 of 15 2007 Agreement for Homebuyer Education & Counseling SHIP Funds 16 025 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 Buyers Ed — 8 times October, 2007- June 2008 Offer Closing and Maintenance — 8 times October, 2007 — June 2008 Approach lenders offering Foreclosure Prevention — 6 lenders October, 2007 — June, 2008 Report to Collier County Loan Consortium — 3 times October, 2007 — June, 2008 Offer Foreclosure Prevention counseling for clients October, 2007 — June, 2008 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 BCCfor approval. E. REPORTS: The SPONSOR shall submit detailed monthly progress reports to HHS outlining the status of specific activities under 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 invoices, etc. for reimbursement. 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. 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. $1500 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 Page l 1 of 15 2007 Agreement for Homebuyer Education & Counseling EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT SPONSOR Name: Collier County Housing Development Corporation SPONSOR Address: 4779 Enterprise Avenue, Naples, FL 34104 Project Name: Homebuver Education and Counseling Project No: SHIP Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 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 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. 16 $ 35,000 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 for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Dept Director Date (approval authority under $14,999) (approval required $15,000 and above) CCHDC /SHIP Page 12 of 15 2007 Agreement for Homebuyer Education & Counseling 16B25 EXHIBIT "C" SHIP MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Human Services staff by the 10'h of the following month. Status Report for Month of Submittal Date: Project Name Homebuver Education and Counseling Project Number SHIP Activity Number SPONSOR: Collier County Housing Development Corporation Contact Person Kathy Patterson, Executive Director Telephone: ,(239) 434 -2397 Fax: (239) 430 -2387 E -mail: kpattersonAcollierchdc.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 Page l3 of 15 2007 Agreement for Homebuyer Education & Counseling 16025 6. New participants enrolled this month (if applicable): Name of Participant, Address & Phone Number Name of class Date of class Race (see definitions Ethnicity (see definitions Total Numberof Extremely Very on following on following Households or Persons Low Income Low Income page) page) Assisted (0 -30%) (31 -50%) 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the 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. However, if one person received TWO services 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 of beneficiaries in the blank space and in box "1. " INCOME Of the households or persons assisted, are extremely 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 Faily Income (MFI). Enter this number in box "3. 11 m 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 project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Numberof Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -80%) Household Assisted (0 -30%) (31 -50%) CCHDC /SHIP Page 14 of 15 2007 Agreement for Homebuyer Education & Counseling 16025 Sponsors must indicate total beneficiaries for Race AND Ethnicity 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 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: 1. 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 Ethnlclty Benenciaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native 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 TOTAL: 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 A Human Services, 3301 East Tamiami Trail, Bldg. H, Room 211, Naples, FL 34112. EASF /SHIP Page 15 of 15 2007 Agreement for Homebuyer Education & Counseling REVISED EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION SHIP HOMEBUYER EDUCATION AND COUNSELING THE SPONSOR AGREES TO: A. PROJECT SCOPE: The nonprofit is requesting SHIP funding for a Homebuyer Education and Counseling and Foreclosure Prevention Counseling Program. This program will be for residents of Collier County and will consist of homebuyer education and one -to -one counseling for potential 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 Class evaluation/sufvey fer each ^lass ^^rtieip ^` summary must be submitted to HHS with a monthly monitoring report. b. Conduct eight (8) elasses workshops per year, consisting of 2 nights (Intro to Home Ownership and Closing and Maintenance) for a total of 16 classes werlES11e13s or 8 workshops in various locations in Collier County including Golden Gate, North Naples, East Naples, Copeland and perhaps Everglades City. c. Reach 225 attendees per year. d. 50% of attendees to receive SHIP financing. The SPONSOR will be responsible for providing supporting documentation for services when a request for payment is made to HHS. The SPONSOR further agrees that HHS, in consultation with any parties HHS deems necessary, shall be the final arbiter on the SPONSOR's compliance with the above. B. BUDGET: Line Item: Salaries Office Rent Supplies Printing/Manuals Utilities Copy services, postage, travel Class Space (in -kind) Food & Refreshments (in -kind) Volunteers (in -kind) Equipment TOTAL SHIP FUNDS $35,000.00 CCHDC /SHIP Page 10 of 15 2007 Agreement for Homebuyer Education & Counseling SHIP Funds 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 Buyers Ed — 8 times October, 2007- June 2008 Offer Closing and Maintenance — 8 times October, 2007 — June 2008 Approach lenders offering Foreclosure Prevention — 6 lenders October, 2007 — June, 2008 Report to Collier County Loan Consortium — 3 times October, 2007 — June, 2008 Offer Foreclosure Prevention counseling for clients October, 2007 — June, 2008 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 BCCfor approval E. REPORTS: The SPONSOR shall submit detailed monthly progress reports to HHS outlining the status of specific activities under 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 invoices, etc. for reimbursement. 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 sheet Final class payment will be tied to reaching participation numbers. $1500 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 Page 11 of 15 2007 Agreement for Homebuyer Education & Counseling EXHIBIT 4W9 COLLIER COUNTY HOUSING AND GRANTS REQUEST FOR PAYMENT SECTION is REQUEST FOR PAYMENT SPONSOR Name: _ Collier County Housing Development Corporation SPONSOR Address: 4779 Enterprise Avenue, Naples, FL 34104 Project Name: Homebuyer Education and Counseling Project No: SHIP Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 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 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. $ 35,000 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 for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) CCHDC /SHIP Page 12 of 15 2007 Agreement for Homebuyer Education & Counseling EXHIBIT "C" SHIP MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Human Services staff by the le of the fallowing 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 Katy Patterson, 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 Page 13 of 15 2007 Agreement for Homebuyer Education & Counseling 16025 6. New participants enrolled this month (if applicable): Name of Participant, Address & Phone Number Name of class Date of class Race (see definitions Ethnicity (see definitions Total Number of Extretnely Very on following on following Households or Persons Low Income Low Income page) page) Assisted (0 -30 %) (31-50%) 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the 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. However, if one person received TWO services 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 of beneficiaries in the blank space and in box "1. " INCOME Of the households or persons assisted, are extremely low - income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, Family Income (MFI). Enter this number in box Of these households or persons assisted, Income (MFI). Enter this number in box "4. " are very low - income (31 -50 %) of the current Median ((3.11 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 project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX I BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extretnely Very Low Income Female Head of Households or Persons Low Income Low Income (51-80%) Household Assisted (0 -30 %) (31-50%) CCHDC /SHIP Page 14 of 15 2007 Agreement for Homebuyer Education & Counseling Sponsors must indicate total beneficiaries for Race AND Ethnicity 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: 1. 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 Ethnicity Beneficiaries #;'Tatstl :# $ispiiu11c White Black or African American Asian American Indian or Alaskan Native Native 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 ' TOTAL: 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 Page 15 of 15 2007 Agreement for Homebuyer Education & Counseling 16 026 MEMORANDUM Date: March 6, 2008 To: Scott Johnson Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #08 -5028 "Golden Gate Community Park Boat Ramp" Contractor: Quality Enterprises USA, Inc. Attached are one (1) original contracts of the above referenced document (Agenda Item 416D26), approved by the Board of County Commissioners on Tuesday, February 12, 2008. We have retained an original in the Minutes and Records Department. If you should have any questions, please contact me at 252 -8411. Thank you. Attachments 16D26 ITEM NO.: DATE RECEIVED: FILE NO.: �!J p�� d ©A J!7 i�381y; ROUTED TO: / DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: February 28, 2008 To: Robert Zachary Assistant County A r e From: Scott D. Johnson Purchasing Agent Re: Contract 408 -5028 "Golden Gate Community Park Boat Ramp" Contractor: Quality Enterprises USA, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on February 12, 2008 Agenda Item: 16.D.26 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. �/ DATE: TO: FROM: RE: 16D26 Memorandum February 28, 2008 Ray Carter, Manager Risk Management Department Scott D. Johnson, Purchasing Agent Purchasing Department Review of Insurance for: #08 -5028 "Golden Gate Community Park Boat Ramp" Contractor: Quality Enterprises USA, Inc. This Contract was approved by the BCC on February 12, 2008 Agenda 16.D.26 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: Clint Perryman, Coastal Zone Management Sir, 16D26 Golden Gate Community Park Boat Ramp COLLIER COUNTY BID NO. 08 -5028 COLLIER COUNTY, FLORIDA Design Professional: Q. Grady Minor COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 16026 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 identified as follows: Golden Gate Community Park Boat Ramp as shown on Plan Sheets 1 through 133. EXHIBIT N: Contractor's List of Key Personnel 16026 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Golden Gate Community Park Boat Ramp COUNTY BID NO. 08 -5028 Separate sealed bids for the construction of the Golden Gate Community Park Boat Ramp, 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 16th day of January, 2008, 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 12th day of December, 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, Golden Gate Community Park Boat Ramp Bid No. 08- 5028 and Bid Date of January 9, 2008 ". 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 offices of the Purchasing Department website at www.colliergov.net/bid Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw -Hill Construction Dodge 2530 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 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 GC -PN -1 26 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 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 twenty (120) 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 26th day of November, 2007 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell, C.P.M. Purchasing and General Services Director GC -PN -2 l 6 D26 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 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. Bids received at the GC -I B -1 1 6 D26 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 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. Right to Reject 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 -I B -2 16D26 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 GC -I B -3 16 026 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 -I B -4 16D26 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. GC -I B -5 16D26 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 G C -I B -6 16D26 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." Cci6LI. —M ORIGINAL CONSTRUCTION BID 16026 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Golden Gate Community Park Boat Ramp BID NO. 08 -5028 Full Name of Bidder Quality Enterprises USA, Inc. Main Business Address 3894 Mannix Drive, Suite 216, Naples, FL 34114 -5406 Place of Bu Telephone No, 239- 435 -7200 Fax No. 239- 435 -7202 State Contractors License # CBCA57231, CUC057398 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. 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 16 026 BID SCHEDULE Golden Gate Community Park Boat Ramp Bid No. 08 -5028 Please see attached Bid Schedule GC -P -2 GOLDEN GATE COMMUNITY PARK BOAT LANDING BID NO. 08 -5028 16 026- Quality Enterprises USA, Inc. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 MOBILIZATION /DEMOBILIZATION 1 LS $16,800.00 $ 16,800.00 2 CLEARING AND GRUBBING 1 LS $ 3,120.00 $ 3,120.00 3 STORMWATER POLLUTION PLAN 1 LS $10,080.00 $ 10,080.00 4 PARKING LOT RECONFIGURATION 1 LS $33,990.00 $ 33,990.00 5 LIGHT POLE RELOCATION 2 EA $ 1,200.00 $ 2,400.00 6 BOAT LAUNCH CONSTRUCTION 1 LS $89,400.00 $ 89,400.00 7 RIP RAP 130 SY $ 48.00 $ 6,240.00 8 LANDSCAPING 1 LS $15,230.40 $ 15,230.40 9 DEMOLITION EXISTING BULDINGS 1 LS $ 1,800.00 $ 1,800.00 TOTAL $179,060.40 G: \J0B \C- D\C0IIier Co. Contracts \CCU 44 \8ID SHEETS 10- 30- 0710130/2007 16D, 6 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 1. Precast Concrete I!J MANUFACTURER Oldcastle Precast 3. 4. 5. Dated 1/16/08 Quality Enterprises USA,Inc. BBY : _ Richard R. Slicko, Vice President GC -P -3 16D26 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. Category of Work 1. 2. Landscaping & Irrigation 3. 9 +I Dated 1/16/08 Subcontractor and Address Bentlev Electric s, Florida U , el. .. s. Florida Quality Enterprises USA, Inc. _ �er BY: ti chard R. Slicko, Vice President GC -P -4 .. S �' ; 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. 1. 2. 3. S 5. R1 Project and Location South County Effluent Storage Eagle Lakes Park - Paving & Benches Naples, Florida Lowdermilk Park Parking Lot and Storm Drainage Improvements Naples, Florida Reference Karen Guliani, Principal Proj ect Manager Collier County Public Utilities Eng. Dept. 239- 417 -6083 Terry Fedelem, Project Manager City of Naples 239 - 213 -5002 South Collier Boulevard Renovation _Mike Daniel, Construction Manager Marco Island, Florida City of Marco Island 239- 825 -9554 North Collier Boulevard Improvements _Mike Daniel, Construction Manager Marco Island, Florida City of Marco Island 239- 825 -9554 Dated 1/16/08 Quality Enterprises USA, Inc. Bidder BY: Richard R. Slicko, Vice President GC -P -5 16D26 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 Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) L( F SY) 1. Slope LF 110 $ 3.00 $ 330.00 2. 3. 4. 5. TOTAL $ 330.00 Failure to complete the above may result in the Bid being declared non - responsive. Dated 1/16/08 M GC -P -6 Quality Enterprises USA, Inc. ,Biller R' hard R. SlLcko, Vice President I 6 026 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 ninety (90) 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 one hundred twenty (120) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State Of Florida County of Collier Richard R. Slicko , 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. Richard R. Slicko 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 -7 16 026 1 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Virginia which operates under the legal name of Quality Enterprises USA, Inc. and the full names of its officers are as follows: President Howard .T_ Mnrrpll Secretary Stacey L. Murrell Treasurer The is au orize o sign construction bids (strike o ullfiTs-knstsen t e4c&4 -R et-ap p l i c a b l e) . (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 DATED 1/16/08 GC -P -8 legal entity SS Louis J. Gaudio Witness u an J. S u tz STATE OF Fl nri rla COUNTY OF Collier 16D26 BY: Quality Enterprises USA, Inc. Name of Bidder (Typed) ignature Richard R. Slicko Vice President Title 3894 Mannix Drive, Suite 216 Naples, FL 34114 -5406 Incorporated in the State of Virginia The foregoing instrument was acknowledged before me this 16th day of January 200S,'y Richard R. Slicko as Vice President Of Quality Enterprises USA, Inc, a Virginia corporation, On behalf of the corporation. He /she is personally known to me or has produced N/A as identification and did (did not) take an oath. My gw�' mFebruary es: 2/11/10 OHEN k DD 501526 ary 11, 2010 NAME bic Unde, nwi (AFFIX OFFICIAL SEAL) GC -P -9 (Signature of Notary) Marcie L. Co hen (Legibly Printed) Notary Public, State of Florida Commission No.: DD 501526 16D26 KNOW ALL MEN BY THESE PRESENTS, that we Quality Enterprises USA, Inc. (herein after called the Principal) and Travelers Casualty and Surety Company of America (herein called the Surety), a corporation chartered and existing under the laws of the State of Connecticut with its principal offices in the city of Hartford and authorized to do business in the State of Florida are held and firmly bound unto the Board of County Commissioners, Collier County, Florida (hereinafter called the Owner), in the full and just sum of - Five - Percent -of- Amount- Bid--- - - - - -- dollars ($ 5Z -of- Bid - -- ) 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_ Golden Gate Community Park Boat Ramp Bid No. 08 -5028 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 $ 5% —of —Bid -- 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, GC -P -10 gg ,.....; >.� IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 16th day of January, zoos X, M USA, Inc. J. Merrell, President rs Casualty and Suret, Countersigned Doug Local Resident Producing Age of America GC -P -11 of America Cab � v and Sux Principal (Seal) Surety (Seal) 1 PONVER OF ATTORNEY TRAVELERS J Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company RED BORDER 16 D L 6 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney -In Fact No. 213480 Certificate No. 0 0 1 9 6 8 4 7 3 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Mark C. Bundy, Nancy R. Chunta, William E. Crawley, Tammy A. Ward, and Terri Strawhand of the City of Virginia Beach State of Virginia , their true and lawful Attorney(s) -in -Pact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory 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 perr�rtd:in any "��ions oar proceedings allowed by law. a �T i iy A l u 4�° d'„ 7th IN WITNESS WHEREOF, the Companies have caused is mstrumehty ba I eland dref8 co po ate seals to be hereto affixed, this day of December 2006 Farmington Casualty CQmpavy �'� a SL Paul Guardian Insurance Company Fidelity and Guaranty grusuragrel4mpanys'p St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Under rs, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company ensu��l ®rm ,,,.1u� "' 'I' S ° "^. r axo wL NCOAFCR4[ED� g ' 92 %mI :i:° _._ fIRLFPD,� PU 7951 O Pcoxx. 3 c„ ° p � s 0 ` d +s. aMS %-f •6�s ....^?a� '+ n�•+ � .+?s` �'Ih At/d� State of Connecticut City of Hartford ss. By: i Georg Thompson, e! Jice President On this the 7th day of December 2006 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal.' \ t \ W wA t•+ • My Commission expires the 30th day of June, 2011. O A(1BU0 * Marie C. Tureault, Notary Public , �IEt:�s 58440 -5 -07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Pact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety, oSnpan of mericTa'and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a We and correct copy of the Power o£Attomeyf'executed by(saW Companies, which is in full force and effect and has not been revoked. �.) y p 16th y January OS IN TESTIMONY WHEREOF, I have hereunto set m hand and affixed [he sews of said Co� 'anies [his day of =9 , 20 r* .e Kori M. Johans Assistant Secretary F pI.SVq�` �� O J`F \Pfb4 PO•yFP04 SLq JP {'^SUggM1 g�ttY 4H4 9P�` 49'TY.V(� S (\ NCO'tPCP.4rFD /i _ 4FC j •co0.POF4TF:,i^4i Ix:a9�� 1982 0 79%% 792] i x _�_ :n c•HAfliF06D, < a1RIFOrQ '� 7896 {u. t'''$EAL.'f g's caNN. a 91D 4O< \ \\ W Nee ' �•......... sr d`.•.. .'a* E °'iq� dr„ . + + �� "�/ w� rr�....... �. nP AIN mom'" To verify the authenticity of this Power of Attorney, call 1 -800- 421 -3880 or contact us at www.travelersbonci.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. 16D2 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: aBid Number; <-:>Project Name; c-�>Opening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified opening 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 Quality Enterprises USA, Inc. Bidd r Nine ciAgnature le Richard R. Slicko Vice President DATE: 1/16/08 GC -P -12 16D26 1 /_ ^ , CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Quality Enterprises USA, Inc. ( "Contractor ") of 3894 Mannix Drive, Suite 216, Naples, FL 34114 -5406, a Virginia corporation, authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Golden Gate Community Park Boat Ramp, Bid No. 08 -5028 ('Project'), as said Work is set forth in the Plans and Specifications prepared by Q. Grady Minor, 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 hundred seventy nine thousand sixty dollars and forty cents ($179,060.40). GC -CA -1 16D26 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.gov /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 Damages. 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 ninety (90) 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 one hundred twenty (120) 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 D26 _f 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 hundred twenty five dollars and eighty -eight cents ($225.88) 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. 16D26 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: Performance and Payment Bond Forms Exhibit B: Insurance Requirements 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 identified as follows: Golden Gate Community Ramp as shown on Plan Sheets 1 through 133. Exhibit N: Contractor's List of Key Personnel GC -CA -4 16D26 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: Clint Perryman, Project Manager Coastal Zone Management 3300 Santa Barbara Blvd. Naples, FL 34116 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: Paul J. Moriarty, Vice President Quality Enterprises USA, Inc. 3894 Mannix Drive, Suite 216 Naples, FL 34114 -5406 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." 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. 1916YOMW 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 any one 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. 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. 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. 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. GC -CA -6 1 6026 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 16 026 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES: By: FIRST W SS Susan J. Schultz Type /Print Name OND VVFNESS Louis J. Gaudio Type /Print Name Date: �— _ V OWNER: CONTRACTOR: Tua ity Enterprises USA,, Inc. a-- Paul J. Moriarty. Vice President Type /Print Name and Title ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ORIDA Dwlg • `BI`' le' \ r C, Its �-' BY: Ytf to 'may o d Tom Henning, Chairman Approved As To Fprm anhILegal Suffiplency: Print Name: / Assistant C unty Atto ey GC -CA -8 II� Item # Agenda 011D, Date 24 Date Z�t I„v Re w- �� puty Clerk GC -CA -8 16D26 EXHIBIT A PUBLIC PAYMENT BOND Golden Gate Community Park Boat Ramp Bond No. 105065874 Contract No, 08 -5028 KNOW ALL MEN BY THESE PRESENTS: That, Quality Enterprises USA, Inc. as Principal, and Travelers Casualty and Surety Company of America , a5 Surety, located at one Tower Square, Hartford, CT 06183 (Business Address) are held and firmly bound to Board of County Commissioners of Collier as Obligee in the sum of One Hundred Seventy Nine Thousand Sixty Ibl]arsCounty, FL and 40/100 ($ 179,060.40— ) 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 13th day of February, 2008 with Obligee for Golden Gate Community Park Boat Ramp in Collier county, 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 13th day of February, 2oo8 k", the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. GO- CA -A -1 Signed, sealed and delivered in the presence of: ditnesses a bt Principal Susan J. gs6ultz STATE OF. Florida COUNTY OF Collier BY: NAME_ ITS: l 6 D26 PRINCIPAL The foregoing instrument was acknowledged before me this 13th day of February 20 08, by Howard J. Murrell , as President of Quality Enterprises USA, Inc. , a Virginia corporation, on behalf of the corporation. He /she is personally known to me OR has produced N/A as identification and did (did not) take an oath. My Commission Expires: 2/11/10 MARCIE L. COHEN MY COMMISSION #DO 501526 EXPIRES: Februaiy 11, 2010 V013 „oV E Bonded TM1m NOrary P000c umenrrimra (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety (Signature of Notary) NAME: Marcie L. Cohen (Legibly Printed) Notary Public, State of Florida Commission No.: DD 501526 GC CA -A -2 SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed N STATE OF Virginia COUNTY OF Virginia Beach 16026 Travelers Casualty and Surety OR Company of America AS AttOr tley In f (Attach Power of homey) Tammy A. Ward (Printed Name) One Tower Square Hartford, CT 06183 (Business Address) 757- 491 -1100 (Telephone Number) The foregoing instrument was acknowledged before me this 13th day of February, 2008 =M by Tammy A. Ward as Attorney -in -Fact pf Travelers Casualty and Surety Company of America Surety, on behalf of Surety. He /She is personally known to me OR has produced NIA __ as identification and who xft (did not) take an oath My Commission Expires: September 30, 2010 (AFFIX OFFICIAL SEAL) jl � � 6u t 01i (Signature) Terri K. Strawhand (Legibly Printed) Notary Public, State of: VA Commission No.: 247448 Terri K. Strawhand commonwealth of Virginia Notary Public F Commission No. 247448 My Commission Expires 9/30/2010 GC-CA-A-3 EXHIBIT A 16 D 2 6 PUBLIC PERFORMANCE BOND Golden Gate Community Park goat Ramp Bond No. 105065874 Contract No. 08 -5028 KNOW ALI_ MEN BY THESE PRESENTS: That Quality Enterprises USA, Inc. -V, as Principal, and Travelers Casualty and Surety Company'of America I as Surety, located at One Tower Square, Hartford, CT 06183 _ (Business Address) are held and firmly bound to Board of County Commissioners of Collier County, FL , as Obligee in the sum of One Hundred. Seventy Nine Thousand Sixty Dollars and 40/100 ($ 179,060.40 -- _) 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 13th February, 2008 with Obligee Golden Gate Community Park Boat Ramp, Collier County, FL in accordance with drawings and specifications, which contract is jncc reference and made a pars hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal and day of for Performs the Contract at the times and in the manner prescribed in the Contract; 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. GC- CA -A -4 I6D26 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 he 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 WITNE=SS WHEREOF, the above parties have executed this instrument this 13th day of February, 2008 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 preseno ses J. Principal .tz STATE OF Florida COUNTY OF cap uer PRINCIPAL Qualityjyterprj/es SA, Inc. ouY: NAME: Howard J. Murrell ITS Pres The foregoing instrument was acknowledged before me this 13th day of Februarys 200$ by Howard J. Murrell as President of Quality Enterprises USA, Inc. a Virginia corporation, on behalf of the Corporation, Ido /she is personally known to me OR has produced N/A as identification and did (did not) take an oath. My Commission E °xpires: 2/11/10 - d----- ---p -• (Signature) �: ^. °oy�,.' MARCIE' COHEN MY COMMISSION W DD 501526 ` EXPIR -3 Rebrua 11,2010 Name: Marcie L. Cohen L fk 0o1dad TAru Pbiary PuF Unda rlmo ,'' •,' _ (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: DD 501526 C(,- CA -A -5 ATTEST: Witnesses as to Surety STATE OF Virginia COUNTY OF Virginia Beach 16 D ,2 6 3URAE�TY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Travelers Casaulty and Surety Company America As Attorney in of (Attach Power o Attorney) A. Ward (Printed Name) One Tower Square Hartford, cT 06183 (Business Address) _757 -491 -1100 (Telephone Number) The foregoing instrument was acknowledged before me this 13th day of February, 2008_�p�� by Tammy A. Ward , as Attorney -in -Fact Travelers agntry� a14 -S -y- a orate Surety, on of r we - of Amery ca Y behalf of Surety. He /She is personally known to me OR has produced N/A as identification and who take an oath. 'Dt&L No My Commission Expires: aocckaAc-I September 30, 2010 (Signature) Name: Terri K. Strawhand (AFFIX OFFICIAL SEAL) Terri K. Ci:,ua'Sflnd Commonwealth of Virginia Notary Public GC- 0A -A•6 Q Commission No. 247448 My Commission Expires 9/30/2010 (Legibly Printed) Notary Public, State of: VA Commission NO.: 247448 WITHOUT THE RED BORDER ,/1� POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company SL Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 213480 Certificate No. O O 2 O 8 5 1 H H KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that SL Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the `Companies "), and that the Companies do hereby make, constitute and appoint Mark C. Bundy, Nancy R. Chunta, William B. Crawley, Tammy A. Ward, and Terri Strawhand of the City of Virginia Beach , State of Virginia , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in due 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. 7th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of December 2006 _ Farmington Casualty Company _ Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company SL Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company cn a cyP1Y Stwery ..t • " ^fa" {AN �es� ,.,,. -`uy ,.., a„av nxo µfwxpe �ttAMo �Y � A sn 9 .\"/� ///c •':`io��4a�4 CONN. o 92 SE A N 4 nFN eA9tN 6 1982 0 r State of Connecticut City of Hartford ss. By. Georg Th.... P,oa, enior ice President 7th December 2006 On this the day of _ , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Puul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the for instrument for the purposes therein contained by signing on behalf of the corpolalion.s by hinnself as a duly authorized officer. p,TET In Witness Whereof, [ hereunto se[ my hand and official seal. T� M)' Commission expires the 30th day of June, 2011. P jDUeU� i �E�s 58440 -5 -07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY Nlaric C. Teocault. Nomry Public This Power of Attorney is granted under and by the authority of fire following resolutions adopted by the Boards of Directors of Farmington Casualty Compare, 1711,lity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc_, Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,' St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any trine may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys- in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety. Cmnpany of America, and United States Fidelity and Guaranty Company 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 in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this Kori M. Johann Assistant Secretary 13th day of February —2008 cesu�s` iY S0u+6ry J'� „�•¢4 �nMaysrv\ ••pins q. varva we 00-%- r �/. rev 79 � B g -4o, ;Jg�� :tut iv .n. °a HFaiFO6e, 141aV6h, �S - „ . ___ 157 y1927 nu G4 at coNN. a ... To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.travelersbond.eom. Please refer to the Attorney -In -Pact number, the above -named individuals and the details of the bond to which the power is attached. ACORQN CERTIFICATE OF LIABILITY INSURANCE ' " " C UDATE (MM /DDIYYYY) 2/18/2008 PRODUCER Phone: 757- 456 -05 77 Sax: 757 -456 -5296 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Rutherfoord ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 222 Central Park Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 1340 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. V i. rg)nIa Beach VA 23462 INSURERS AFFORDING COVERAGE NAIC# INSURED NSURERAO1d Republic General InSIIraricO _. Quality Enterprises USA Inc - - - -_ - - -- INSURERS .American Int'1 Sped alty Line k Quality Environment to 216 INSURERC:Everest National Insurance Co 3894 N.annix Drive, Suite 216 - - - -- - - - -- - -- - - -- Naples FL 34114 -5406 INSURERD: - COVERAGES '!HE PO -ICIES OP INSURANCE IS'IED BE -OW HAVE BEEN ISSUED '_'0 'THE INSURED NAMED ABOVE EON 'IHE POLICY PERIOD INDICATED. NO' " "WT'- HS'IANDING ANY REOUIRE'ME'N'I, PERM OR CONDi'ILON OP ANY CONI'RAC'L OR O'LHPR DJCLNI WI "H RESPECT "0 WHICH 'LHIS CERTII'ICAI'E MAY BE ISSUED OR MAY PER' -AIN, THE INSURANCE AFP'ORI)ED BY 1HE PJ_ICIES DESCRIBED HEREIN IS 3LB,IE'C'I' CO ALL HE 7E'RMS, E'XCLLSIONS AND COND1_I0NS 0,' SLCH r0-ItIE'S. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDLCED PY PAID C_AIMS. INSR HDD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYP50FINSURANC5 POLICY NUMBER DATE M YY DA DYY LIMITS A GENERAL LIABILITY A26G44000702 .7/1/2007 7/1/2008 EACH OCCURRENCE $1, 000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES $100, 000 (Ea occurenre) CLAIMSMADE �X OCCUR MEDE%P (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 1, QQQ, oop GENERAL AGGREGATE $ 2, QQQ, QQQ GEN'L AGGREGATE LIM IT APPLI ES PER ''�. PRODUCTS- COMP/OPAGG $ 2,000, 000 POLICY X jEO X LOG _. -- A AUTOMOBILE LIABILITY IA2,CA440007Q2 (FL) 7/1/2007 7/1/2008 COMBINEp SINGLE LIMIT I A X ANY AUTO 'A2CA44010702 (VA) 7/1/2007 ''.7/l/2008 (Eaacudonq $ 1, 000, 000 I ALLOWNEDAUTOS BODILY INJURY SCHEDULEDAUTOS (Par person) $ 'IX HIRED AUTOS BODILY INJURY X I NON OWNED AUTOS I, ac (PercidenU $ -. X ',Comp Ded. $1, 000 PROPERTY DAMAGE X Coll Ded. $1 QQQ CcracudenQ $ GARAGE LIABILITY AUTOONLV- EAACCIDENT $ ANYAUTO OTHERTHAN EAACC $ 11711 AUTO ONLY AGO $ G EXCESSNMBRELLA LIABILITY 17166000003071 /2007 7/1/2008 EACH OCCURRENCE I' $ 10, QQQ, QQQ X ODOUR CLAIMS MADE !I AGGREGATE $ 10, Q0Q, QQQ $ DEDUCTIBLE RETENTION $ $ A WORKERS COMPENSATION AND IA2CW44000702 7/1/2007 7/1/2008 X'TO p RYLIMITS OER EMPLOYERS' LIABILITY ' - -- -- ANY PROPRIETOR /PARTNER /E %ECUTIVE I E L EACH ACCIDENT . - - -- - - $ 5QQ, QQQ 'I OFFICER /MEMBER EXCLUDED' F . DISEASE - EA EMPLOYEE $500,000 If yes describe under SPECIAL PROVISIONS below E_L_ DISEASE - POLICY LIMIT $500,000 'OTHER 13 IICRI�1351083 7/1/2007 71/2008 / :I )00, c70 L c_ai F m _ter Li DC'_cr� LoLL_LOr. 1, 000,/00 atKL F4a Le DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS �- r -, . ") I' ("I •r I ,,, , .Ia PoJ -lmq .n'.. _ia �,Ii, _. - I" "I !L I, L, '­n -l�,. I hi ?s'1 ra�_L.0 iip, I of LT _. 0lvl,'L - . -;L_I� .: If 1, L,�_Liiel Le r. �.L L_L>P• La Collier County Board of County Commissi 3301 East 'ramiami frail Naples F'I. 14112 0441011 IGT:II HOLLD ANY Oc HE ABOVE DESCRIBED POLICIES BE CANCEL-EC E ^ORE 'JIE IFXPTRATi ON CATS 'THERE,)-, THE iSSUiNG INSURER 'I1 E C­ DR , 'f0 MAC_ 30 DAYS WR_,I'EN Nlli"L JO 1Ph 'ER -I "CA-E 1 LDBR NAMF.II IT THE _E2_ BUT YAe_UYE "l0 DO CO HA__ IMPOSE' Mi OBLIGA110N OR - IAB1_II'Y Or' ANY KIND LPON 'HE 'NiLRER, TI- ACEN'I:, JH_ REPR IN —IVES. AUTHORIZED REPRESENTATIVE F,jL -1�- � L Yi.Gr.ti aCTda7 :LIKeIN•SU:L•\iUT. f LRT> 16 025 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. 16D26 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 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 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 16 D6 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 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 X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. ❑ Applicable ® Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. [-]Applicable ® Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? ® 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 $ 300,000 Products /Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 General Aggregate $ 500,000 Products /Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 GC- CA -B -3 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 X General Aggregate $2,000,000 Products /Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage $ 50,000 General Aggregate $ 5,000,000 Products /Completed Operations Aggregate $ 5,000,000 Personal and Advertising Injury $ 5,000,000 Each Occurrence $ 5,000,000 Fire Damage $ 50,000 16D26 (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. []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. ❑ 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 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. reTiII "M! 16D26 (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. (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? ® 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 GC- CA -B -5 (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 16D26 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 1 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: DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2007, 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: (AFFIX OFFICIAL SEAL) NAME: GC- CA -C -1 (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: EXHIBIT D 16D26 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: 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 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: $ 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 16D26 N Q U U C7 E r = = U a3 y@ — N (f d L �F m & m c a iE E w � � o o C U W o v a r W � c N � v @ W 2 N @ m Q W @ I @ C d W J @ — @ � U W � O LL O p U N @ O iN0 c� E O,yr t O C O W J Q ° c o E i � ¢ o wQ E° v `p a `c � z m 0 @ L u W a r W W Z W i W 1 p LL o° Q m O 0 O aw vN J 3 Y wo m m c 'm 'IN 00 IL .0 a r l 1 = N U a a VJ N @ @ p O s @ p C d o .l v 0 3 E c ! r c o t 0 _ v U N u m W Q u o O n N I � C C O p N D i m i m Z I m m t = m I r �I L W a` Z C 3 16D26 N Q U U C7 W i 0 U We Q f0 E O LL a O V d N N adi R a d 0 in a d J C O U_ D :o L X W 16D26 M Q U U 0 W d— C N A C A m a a o d 'v o a C N F > a M! 7 d U G r > y C CL - a o d •c > d m 'd a d N > .O N d 7 > > V d d CL _dmoo O £ > > C Z d 7 y e 0 Y V d d Y R 16D26 M Q U U 16D26 EXHIBIT E CHANGE ORDER TO: Project Name: _ Bid No. : Change Order No.: Change Order Description Original Agreement Amount ............................ Sum of previous Change Orders Amount ........ This Change Order Amount ............................ Revised Agreement Amount ............................ 16D26 FROM: Collier County Government Construction Agreement Dated: Date: ............................... $ .............................. $ ............................... $ ...................... I........ $ 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: Project Manager Recommended by: Design Professional Accepted by: Approved by: Approved by: Approved by: Contractor Department Director Division Administrator Purchasing Department GC- CA -E -5 Date: Date: Date: Date: Date: Date: Authorized by Date: Director (For use by Owner: Fund Cost Center: Number: ) GC- CA -E -6 Object Code: l 6 D26 Project OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date 16D26 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION Design Professional's Project No. 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 6 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, 25 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 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Contractor: 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: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: 36D26 2007 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: GC- CA -G -1 (Company Name) (Signature) (Typed Name & Title) By Design Professional: By Owner: GC- CA -G -2 (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 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 16 D26 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 3. SCHEDULE. 1 " D26 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 5:00 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. 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 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 D. 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. GC- CA -H -4 16D26 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 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 l 6 DZ6 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. 7A 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 16D26 8. DAILY REPORTS, AS- BUILTS 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; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's 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 GC- CA -H -8 16D26 I 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 16D26 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 16.w.: 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. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 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, GC- CA -H -11 16Lr 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 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 GC- CA -H -12 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. 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 GC- CA -H -13 16 026 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 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) GC- CA -H -14 I= 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 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- letting 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 GC- CA -H -15 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 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 GC- CA -H -16 16D26 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 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 GC- CA -H -17 l 6 D26 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 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 GC- CA -H -18 l 6 D26 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. 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. GC- CA -H -19 2,%(-) 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. 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 GC- CA -H -20 l 6 D26 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 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 5.13, 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 any one 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 GC- CA -H -21 16,926 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. 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 GC- CA -H -22 16D26 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 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 GC- CA -H -23 16D26 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 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 is 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 GC- CA -H -24 16D26 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 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. GC- CA -H -25 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. 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. rer aN_e:MI 16L 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 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 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs GC- CA -H -27 16D26 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built' Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 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. GC- CA -H -28 16 026 35. SECURITY If required, Contractor 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. Contractor 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. CeZ.ae_e:M4l 16D26 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS GC- CA -1 -1 16D26 EXHIBIT J TECHNICAL SPECIFICATIONS GC- CA -J -1 16D2b EXHIBIT K PERMITS GC- CA -K -1 EXHIBIT L STANDARD DETAILS GC- CA -L -1 EXHIBIT M PLANS AND SPECIFICATIONS GC- CA -M -1 16 D 26 GC- CA -N -1 16 iJ 2 6 0 " 6F �i F8 V i F � aw pw O < O QC a: E'�Pe R U5` 0.'o° _ w -' I an�e vaveave vmvs r .; ' 4f $ p V ° r� I f^1 I�� 1 Ca I TI I ° �gG j_ I T� EW w�+� °• °mx >� g ;IIsb 36 �hn>;" o WU '� np n i ��� ♦ T" -=� 1 � �a= m Z I ig m y ��� G y R 4 a3 O• nOii W IVNVO 31V0 N30100 um s °^ 0 i — — — _ -------------- ° s 5 € a r F a \) \ ) � !\ j U \ ( ( \ » �§ §§; )§ \�2 8 ! w , � ƒ l Applicant: Collier County BOCC File Number: SAJ- 2007- 4227(NW -LBD) Date: I August 2007 Attached is: _ See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of perm_ fission) B PERMIT DENIAL _ _ C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E M A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: Ifyou received a Standard Permit, you may sign the permit document and return it to the district engineerforfinal authorization. Ifyou received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT.- Ifyou received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. Ifyou received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section Il of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT.- You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) Project Manager as noted in letter Michael F. Bell 1404-562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Signature of appellant or agent. number: APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 31 July 2007 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAJ- RD -SW -F, SAJ- 20074227(NW -LBD) C. PROJECT LOCATION AND BACKGROUND INFORMATION: 3300 Santa Barbara Blvd. State: Florida County/parish/borough: Collier City: Naples Center coordinates of site (lat/long in degree decimal format): Lat. 26.16850° N, Long. - 81.717800 . Universal Transverse Mercator: 17 Name of nearest waterbody: Golden Gate Main Canal 16D26 Name of nearest Traditional Navigable Water (TN W) Into which the aquatic resource flows: Gordon River /Golden Gate Main Canal Name of watershed or Hydrologic Unit Code (HUC): Golden Gate Main Canal watershed Check if map /diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form . D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: 31 July 2007 0 Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There "navigable waters of the U.S-- within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] El Waters subject to the ebb and flow of the tide. EJ Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There W, "waters ofthe U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply):' El TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs .. Non-RPWs that flow directly or indirectly into TNWs [? Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs [2 Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs M Impounchnents of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non - wetland waters: 31,700 linear feet: 104 width (ft) and/or acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: Elevation of established OHWM (if known): 2. Non - regulated waters /wetlands (check if applicable): Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: 'Boxes checked below shall be supported by completing the appropriate sections in Section III below. ' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. SECTION III: C WA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs 16D26 The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent': B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non- navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round (perennial) flow, skip to Section IH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IILDA. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offske. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non -TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Drainage area: Jay tS, Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through h L MI tributaries before entering TNW. Project waters are to I , S river miles from TNW Project waters are I - river miles from RPW. Project waters are aerial (straight) miles from TNW. Project waters ace m aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWs: Tributary stream order, if known: Note that the Instmetional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that annlv). 2 6 Y / Tributary is: E] Natural LJ 2 u ❑ Artificial (man- made). Explain: ❑ Manipulated (man - altered). Explain: Tributary properties with respect to top of bank (estimate): Tributary has (check all that apply): Average width: feet Average depth: feet Average side slopes: 00 - ❑ OH WM6 (check all indicators that apply): Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ ❑ Cobbles ❑ Gravel ❑ Muck ❑ changes in the character of soil ❑ Bedrock ❑ Vegetation. Type/ %cover: destruction of terrestrial vegetation ❑ Other.. Explain: ❑ Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: ❑ vegetation matted down, bent, or absent Presence of run/ciffle/pool.!c:omplexes. Explain: sediment sorting Tributary geometry J'iek!LjIS,Yf ❑ Tributary gradient (approximate average slope): % ❑ sediment deposition (c) Flow: multiple observed or predicted flow events Tributary provides for. X75 ❑ Estimate average number of flow events in review area/year:tik T s ❑ other (list): Describe flow regime: Other information on duration and volume: , Surface flow is: glgk.f`. Characteristics: Subsurface flow Ptck TyisY. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OH WM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OHWM.' Explain: , If factors other than the OHWM were used to determ El High Tide Line indicated by: Q ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings/characteristics ❑ tidal gauges ❑ other (list): ne lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by: ❑ survey to available datum; ❑ physical markings; ❑ vegetation lines/changcs in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man -made discontinuity in the OHWM does not necessarily severjurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. lbid. (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ❑ Aquatic /wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wedand size: acres Wetland type. Explain: Wetland quality. Explain: project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non -TNW: Flow is: gj . Explain: Surface flow is: Ctek)f ii Characteristics: Subsurface flow P . Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non -TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection- Explain: ❑ Ecological connection. Explain: ❑ Separated by berm barrier. Explain: (d) Proximity (Relationship) to TNW project wetlands are river miles from TNW. Project waters are ttaerial (straight) miles from TNW Flow is from:cle�is1. Estimate approximate location of wetland as within the ,Y* %t floodplain. 16D26 (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ❑ Aquatic /wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: ("e;,(t O Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size in acres Directly abuts? (Y/N 6026 Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and /or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific: threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: _ D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS /WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Golden Gate Main Canal is known to have year -round water. It is the main drainage canal for Golden Gate Estates, and some homes fronting it have docks. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): 6D6 ® Tributary waters: linear feet width (ft). El Other non - wetland waters: acres. Identify type(s) of waters- 3. Non -RPWss that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): [[ Tributary waters: linear feet width (ft). -=' Other non - wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. El Wetlands directly abutting an RPW where tributaries typically flow year- round. Provide data and rationale indicating that tributary is perennial in Section II1-D2, above. Provide rationale indicating that wetland is directly abutting an RPW: E3 Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section IICB and rationale in Section III_D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. El Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW arejurisidictional- Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs. Eg Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.' As a general rule, the impoundment of ajurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or [ Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 My which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: c Other factors. Explain: 'See Footnote # 3. ' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook- Prior to asserting or declining CWAjurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding 0VA Act Jurisdiction Following Rapanos. Identify water body and summarize rationale supporting determination: 1 6 D2 6 Provide estimates forjurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non - wetland waters: acres. Identify type(s) of waters: Wetlands: acres. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): Q If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWA solely on the review area would have been regulated based s on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: „ Other: (explain, if not covered above): Provide acreage estimates for non - jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): F Non- wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes /ponds: acres. Other non - wetland waters: acres. List type of aquatic resource: d Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus” standard, where such a finding is required forjurisdiction (check all that apply): El Non- wetland waters (i.e., rivers, streams): linear feet, width (ft). Q Lakes /ponds: acres. El Other non- wetland waters: acres. List type of aquatic resource: El Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources. below): MMaps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Q. Grady Minor & Associates, 2007. y: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets /delineation report. Data sheets prepared by the Corps: ° Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Belle Meade NW, 1972. ' USDA Natural Resources Conservation Service Soil Survey. Citation: r;; National wetlands inventory map(s). Cite name: S1 State/Local wetland inventory map(s): FEMA/FIRM maps: X 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ® Aerial (Name & Date): Collier County Property Appraiser 2007. or ❑ Other (Name & Date): Previous determination(s). File no. and date of response letter: Applicable/supporting case law: Applicable/supporting scientific literature: v Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: NOTICE OF INTENT 16 D 2 6 TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES (RULE 62- 621.300(4)9 F.A.C.) This Notice of Intent (NOI) form is to be completed and submitted to the Department before use of the Generic Permit for Stormwater Discharge From Large and Small Construction Activities provided in Rule 62- 621.300(4), F.A.C. The type of project or activity that qualifies for use of the generic permit, the conditions of the permit, and additional requirements to request coverage are specified in the generic permit document [DEP Document 62 -621.300(4)(a)]. The appropriate generic permit fee, as specified in Rule 62- 4.050(4)(d), F.A.C., shall be submitted with this NOI in order to obtain permit coverage. Permit coverage will not be granted without submittal of the appropriate generic permit fee. You should familiarize yourself with the generic permit document and the attached instructions before completing this NOI form. Please print or type information in the appropriate areas below. L IDENTIFICATION NUMBER: Project ID IL APPLICANT INFORMATION: A. Operator Name: Collier County Board of County Commissioners B. Address: 3300 Santa Barbara Boulevard C. City: Naples D_ State: FL E. Zip Cade: 34116 F. Operator Status: G. Responsible Authority: Mr. Clinton Perryman H. Phone No.: (239) 304 - 4245 III. PROJECT /SITE LOCATION INFORMATION: A. Project Name: Golden Gate Community Park Boat Landing and Picnic Pavilion B. Project Address/Location: 3300 Santa Barbara Boulevard C. City: Naples I D. State: FL E. Zip Code: 34116 F. County: Collier G. Latitude: 26 ° 10' 7 " Longitude: 810 42' 47„ H. Is the site located on Indian lands? ❑ Yes ® No I. Water Management District: SFWMD J. Project Contact: Clarence Tears K Phone No.: (239) 263 - 7615 Page 1 of 5 DEP Fu m 62-621.300(4)(6) Effective May 1, 2003 IV. PROJECUSITE ACTIVITY INFORMATION: V. DISCHARGE INFORMATION A MS4 Operator Name (if applicable): NA B. Receiving Water Name: Golden Gate Main Canal VL CERTIFICATION': I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Mr. Clinton Perryman — Project Manager Signature: ' Signatory requirements are contained in Rule 62!20.305, F.A.C. Page 2 of 5 DEP Fa 62L21.300(4)(b) Effective May 1, 2003 7 la 6r--;7 Date Signed: Large Construction (Project will disturb five or more acres of land.) M❑ ® Small Construction (Project will disturb one or more acres but less than five acres of land.) , m B. Approximate total area of land disturbance from commencement through completion of construction: Acres �. ® Address in Part II above ❑ Address in Part III above ❑ Other address (specify Qr below D. SWPPP Address: NA E. City: NA NA gym' G. Zip Code: NA Start Date: November 2007 Completion Date: January 2008 V. DISCHARGE INFORMATION A MS4 Operator Name (if applicable): NA B. Receiving Water Name: Golden Gate Main Canal VL CERTIFICATION': I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Mr. Clinton Perryman — Project Manager Signature: ' Signatory requirements are contained in Rule 62!20.305, F.A.C. Page 2 of 5 DEP Fa 62L21.300(4)(b) Effective May 1, 2003 7 la 6r--;7 Date Signed: 16D26 INSTRUCTIONS — DEP FORM 62- 621.300(4)(6) NOTICE OF INTENT (NOI) TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES Who Must File an NOI: Federal law at 40 CFR Part 122 prohibits the point source discharge of pollutants, including the discharge of stormwater associated with large construction activities as defined at 40 CFR 122.26(6)(14)(x) or small construction activities as defined at 40 CFR 122.26(b)(15), to waters of the United States without a National Pollutant Discharge Elimination System ( NPDES) permit. Under the State of Florida's authority to administer the NPDES stormwater program at 403.0885, F.S., operators that have stormwater discharge associated with large or small construction activities to surface waters of the State, including through a Municipal Separate Storm Sewer System (MS4), must obtain coverage either under a generic permit issued pursuant to Chapter 62-6621, F.A.C., or an individual permit issued pursuant to Chapter 62- 620, F.A.C. where to File NOI: NOIs for coverage under this generic permit must be sent to the following address: NPDES Stormwater Notices Center, MS #2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 Permit Fee: Permit fees for large and small construction activities to be covered under the generic permit are specified in Rule 62- 4.050(4)(d), F.A.C. The appropriate generic permit fee (either for large or small construction activities) must be submitted along with the completed NOI in order to obtain coverage under the generic permit. Generic permit coverage will not be granted without payment of the appropriate permit fee. The permit fee shall be paid by either check or money order made payable to: "Florida Department of Environmental Protection" Part I — Identification Number Enter the project's DEP identification number (generic permit coverage number) if known. If an ID number has not yet been assigned to this project (i.e., if this is a new project), leave this item blank Part H — Applicant Information Item A: Provide the legal name of the person, firm, contractor, public organization, or other legal entity that owns or operates the construction activity described in this NOI. The operator is the legal entity that has authority to control those activities at the project necessary to ensure compliance with the terms and conditions of the generic permit. Items B. — E.: Provide the complete mailing address of the operator, including city, state, and zip code. Item F.: Enter the appropriate one letter code from the list below to indicate the legal status of the operator: F = Federal; S = State; P = Private; M = Public (other than federal or state); O = Other Page 3 of 5 DEP Fan 62621.300(4xb) Effective May I, 2003 Page 4 of 5 DEP Form 62621300(4x6) Effective May 1, 2003 A r „� i 6 B26 Items G. — H.: Provide the name and telephone number (including area code) of the person authorized to submit this NOT on behalf of the operator (e.g , Jane Smith, President of Smith Construction Company on behalf of the operator, Smith Construction Company; John Doe, Public Works Director on behalf of the operator, City of Townsville; etc.). This should be the same person as indicated in the certification in Part V1. Part III— Project/Site Location Information Items A. — E.: Enter the official or legal dame and complete street address, including city, state, and zip code of the project Do not provide a P.O. Box number as the street address. If it lacks a street address, describe the project site location (e.g., intersection of State Road 1 and Smith Street). Item F.: Enter the county in which the project is located. Item G.: Enter the latitude and longitude, in degrees - minutes - seconds format, of the approximate center of the project. Item IL: Indicate whether the project is located on Indian lands. Item I.: Enter the appropriate five or six letter code from the list below to indicate the Water Management District the project is located within: NWFWMD = Northwest Florida Water Management District SRWMD = Suwannee River Water Management District SFWMD = South Florida Water Management District SWFWMD = Southwest Florida Water Management District SJRWMD = St. John's River Water Management District Items J. — K.: Give the name, title, and telephone number (including area code) of the project contact person. The project contact is the person who is thoroughly familiar with the project, with the facts reported in this NOI, and who can be contacted by the Department if necessary. Part IV — Project/Site Activity Information: Item A. Check the appropriate box to indicate whether the project involves large construction activity or small construction activity. Check one boa only. "Large Construction Activity- means construction activity that results in the disturbance of five (5) or more acres of total land area. Large construction activity also includes the disturbance of less than five acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb five acres or more. "Small Construction Activity" means construction activity that results in the disturbance of equal to or greater than one (1) acre and less than five (5) acres of total land area. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one acre and less than five acres. Item B.: Provide the approximate total area of land disturbance in acres that the project will involve from commencement of construction through completion. Items C. - G..: Indicate the location where the Stormwater Pollution Prevention Plan (SWPPP) can be viewed. Provide the address where the SWPPP can be viewed if other than as provided in Parts It or III of the NOI. Note that to be eligible for coverage under the generic permit, the SWPPP must have been prepared prior to Filing this NOT. Item I3.: Enter the estimated construction start and completion dates in the MM/DD/YY format. Page 5 of 5 DEP Form 62- 621.300(4xb) Effective May 1, 2003 Page 6 of 5 DEP Fa 62-621.300(4x6) Effective May 1, 2003 16 D26 Part V — Discharge Information Item A.: If stormwater from the project discharges to a municipal separate storm sewer system (MS4), enter the name of the operator of the MS4 (e.g,, City of Tallahassee MS4, Orange County MS4, FDOT MS4, etc.). If stormwater from the project does not discharge to an MS4 but rather discharges to surface waters of the State, leave this item blank or indicate "N /A" and skip to Item B of this part. Please note that if the project discharges stormwater to an MS4, you must provide the MS4 operator with a copy of the completed NOL Item B.: If the project discharges stormwater to surface waters of the State, and not to an MS4, enter the name of the receiving water body to which the stormwater is discharged. Please provide the first named water body to which the stormwater from the project is discharged (e.g., Cypress Creek, Tampa Bay, unnamed ditch to St. Johns River, Tate's Hell Swamp, etc.). Part VI — Certification Type or print the name and official title of the person signing the certification. Please note that this should be the same person as indicated in Item H.G. as the Responsible Authority. Sign and date the certification. Section 403.161, F.S., provides severe penalties for submitting false information on this application (NOI) or any reports or records required by a permit. There are both civil and criminal penalties, in addition to the revocation of permit coverage for submitting false information. Rule 62- 620.305, F.A.C., requires that the NOI and any reports required by the permit to be signed as follows: A. For a corporation, by a responsible corporate officer as described in Rule 62- 620.305, F.A.C.; B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or, C. For a municipality, state, federal or other public facility, by a principal executive officer or elected official. Page 7 of 5 DEP Fmm 62621.300(4xb) Effective May 1, 2003 16D26 Golden Gate Community Park Boat Launch CONSTRUCTION POLLUTION PREVENTION PLAN Project Name and Location: Golden Gate Community Park Boat Launch 3300 Santa Barbara Boulevard Bonita Springs, FL 34116 Owner Name and Address: Collier County Board of County Commissioners C/O Collier County Coastal Zone Management Department 3300 Santa Barbara Boulevard Bonita Springs, FL 34116 Description: (Purpose and Types of Soil Disturbine Activities) This project will consist of the removal of existing pavement and vegetation; followed by the construction of additional boat/trailer parking, a boat landing facility, and picnic pavilion with landscape betterment provided in full for all disturbed areas. Soil disturbing activities will include: installation silt fence about the site perimeters, removal of pads and pavement and final grading and seeding. Site Area: The project limits are approximately 1 acre or less. The site was previously developed as a community park with baseball, tennis, aquatic, and fitness facilities Sequence of Major Activities The order of activities will be as follows: 1. Install stabilized construction entrance. 1 Install silt fence. 3. Remove existing pavement 4. Complete final grading. 5. Seed & mulch all disturbed areas. 6. Remove silt fence Name of Receiving Waters: The entire site will continue to drain into the Golden Gate Main Canal of the Big Cypress Basin of the SFWMD originally permitted under Permit No. 11 -02725 — P. Golden Gate Main Canal is not tidally influenced with elevations controlled by SFWMD BCB staff. G :AJOBAC- DACOLL[ERVCCU44VCollier Counry \S W P3CCU44 R FCO VERED Controls 1 6 D26 Erosion and Sediment Controls Stabilization Practices Temporary Stabilization - Top soil piles and disturbed portions of the site where construction activity temporarily ceases for at least 21 days will be stabilized with temporary seed and mulch no later than 14 days from the last construction activity in that area. The temporary seed shall be Rye (grain) applied at the rate of 120 pounds per acre. After seeding, each area shall be mulched with 4,000 pounds per acre of straw. Permanent Stabilization - Disturbed portions of the site where construction activities permanently cease shall be stabilized with permanent seed no later than 14 days after the last construction activity. The permanent seed mix shall consist of 80 lbs /acre. After seeding, each are shall be mulched with 4,000 pounds per acre of straw. The straw mulch is to be taken into place by a disk with blades set nearly straight. STORMWATER MANAGEMENT Stormwater drainage will be provided by sheet flow to existing water management areas. When construction is complete the entire sire will drain to the existing Golden Gate Main Canal stormwater system. OTHER CONTROLS Waste Disposal: Waste Materials All waste materials will be collected and stored in a securely lidded metal dumpster rented from the local Waste Management Company, which is a licensed solid waste management company. The dumpster will meet all local Center City and State solid waste management regulations. All trash and construction debris from the site will be deposited in the dumpster. The dumpster will be emptied as necessary. No construction waste materials will be buried on site. All personnel will be instructed regarding the correct procedure for waste disposal. Notices stating these practices will be posted in the office trailer and the individual who manages the day -to -day site operations will be responsible for seeing that these procedures are followed. Hazardous Waste All hazardous waste materials will be disposed of in the manner specified by local or State regulation or by the manufacturer. Site personnel will be instructed in these practices and the individual who manages day -to -day site operations will be responsible for seeing that these G- UOnAC- DACOLLIERVCCU44VCollier County\S W P3CCU44RECOVER I-D practices are followed. Sanitary Waste All sanitary waste will be collected from the portable units a minimum of once per week by a licensed sanitary waste management contractor, as required by local regulation. Off site Vehicle Tracking: A stabilized construction entrance will be provided to help reduce vehicle tracking of sediments. Dump trucks hauling material from the construction site will be covered with a tarpaulin. TIMING OF CONTROLS/MEASURES As indicated in the Sequence of Major Activities, the silt fence and sediment will be constructed prior to clearing or grading of any other portions of the site. Areas where construction activity temporarily ceases for more than 21 days will be stabilized with a temporary seed and mulch within 14 days of the last disturbance. Once construction activity ceases permanently in an area, that area will be stabilized with permanent seed and mulch as soon as possible as required by the Florida Stormwater Erosion and sedimentation control manual. CERTIFICATION OF COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS The stormwater pollution prevention plan reflects SFWMD requirements for storm water management and erosion and sediment control. MAINTENANCE/INSPECTION PROCEDURES Erosion and Sediment Control Inspection and Maintenance Practices These are the inspection and maintenance practices that will be used to maintain erosion and sediment controls. All control measures will be inspected at least once each week and following any storm event of 0.50 inch or greater. All measures will be maintained in good working order; if a repair is necessary, it will be initiated within 24 hours of report, but in no case later than 7 days. Built up sediment will be removed from silt fence when it has reached one -third the height of the fence. Silt fence will be inspected for depth of sediment, tears, to see if the fabric is securely attached to the fence posts, and to see that the fence posts are firmly in the ground. G VOBAC- MCOLLIMCCU44VColter County \SWP3CCU44RF.00VERFD 16D26 Temporary and permanent seeding and planting will be inspected for bare spots, washouts, and healthy growth. A maintenance inspection report will be made after each inspection. A copy of the report form to be completed by the inspector is attached. The site superintendent will be responsible for inspections, maintenance and repair activities, and filling out the inspection and maintenance report. INVENTORY FOR POLLUTION PREVENTION PLAN The materials or substances listed below are expected to be present on site during construction: Concrete Detergents Paints (enamel & latex) Metal Studs Concrete Tar Fertilizers - Petroleum Based Products Cleaning Solvents Wood Masonry Block Roofing Shingles SPILL PREVENTION Material Management Practices The following are the material management practices that will be used to reduce the risk of spills or other accidental exposure of materials and substances to storm water runoff. Good Housekeeping: The following good housekeeping practices will be followed on site during the construction project. An effort will be made to store only enough product required to do the job. All materials stored on site will be stored in a neat, orderly manner in their appropriate containers and, if possible, under a roof or other enclosure. Products will be kept in their original containers with the original manufacturer's label. Substances will not be mixed with on another unless recommended by the manufacturer. Whenever possible, all of a product will be used up before disposing of the container. Manufacturer's recommendations for proper use and disposal will be followed. G:UOB \C -D \COLLIER \CCU44 \Collier County \S W P3CCU44 RECOVERED X62 The site superintendent will inspect daily to ensure proper use and disposal of materials onsite. Hazardous Products: These practices are used to reduce the risks associated with hazardous materials. Products will be kept in original containers unless they are not resealable. Original labels and material safety data will be retained; they contain important product information. If surplus product must be disposed of, manufacturer's or local and state recommended methods for proper disposal will be followed. Product Specific Practices The following product specific practices will be followed onsite: Petroleum Products: All onsite vehicles will be monitored for leaks and receive regular preventive maintenance to reduce the chance of leakage. Petroleum products will be stored in tightly sealed containers which are clearly labeled. Any asphalt substances used onsite will be applied according to the manufacturer's recommendations. Fertilizers: Fertilizers used will be applied only in the minimum amounts recommended by the manufacturer. Once applied, fertilizer will be worked into the soil to limit exposure to storm water. Storage will be in a covered shed. The contents of any partially used bags of fertilizer will be transferred to a sealed plastic bin to avoid spills. Paints: All containers will be tightly sealed and stored when not required for use. Excess paint will not be discharged to the storm sewer system but will be properly disposed of according to manufacturer's instructions or state and local regulations. Concrete Trucks: Concrete trucks will not be allowed to wash out or discharge surplus concrete or drum wash water on the site. G.VOBAC- DACOLLIERVCCU44VCollier Count) \SWMCCU44RECOVERED SPILL CONTROL PRACTICES In addition to the good housekeeping and material management practices discussed in the previous sections of this plan, the following practices will be followed for spill prevention and cleanup: Manufacturer's recommended methods for spill cleanup will be clearly posted and site personnel will be made aware of the procedures and the location of the information and cleanup supplies. Materials and equipment necessary for spill cleanup will be kept in the material storage are onsite. Equipment and materials will include but not be limited to brooms, dust pans, mops, rags, gloves, goggles, kitty litter, sand, sawdust, and plastic and metal trash containers specifically for this purpose. All spills will be cleaned up immediately after discovery. The spill are will be kept will ventilated and personnel will wear appropriate protective clothing to prevent injury from contact with a hazardous substance. Spills of toxic or hazardous material will be reported to the appropriate State or local governmental agency, regardless of the size. The spill prevention plan will be adjusted to include measures to prevent this type of spill from reoccurring and how to clean up the spill if there is another one. A description of the spill, what caused it, and the cleanup measures will also be included. The site superintendent will be responsible for the day -to -day site operations and will be the spill prevention and cleanup coordinator. G_ AJOBAC- DACOLLIERVCCI144VCollier County\S W [ 3XCU44RECO V FRED POLLUTION PREVENTION PLAN CERTIFICATION I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who will manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Signed: David W. Schmitt, P.E. Vice President Q. Grady Minor & Associates, P.A. Date: G- VOBAC- DACOLLIERVCCU44VCollier County\SWPICCU44REC0VE.RED 16D26 GOLDEN GATE COMMUNITY PARK BOAT LAUNCH CONTRACTOR'S CERTIFICATION I certify under penalty of law that I understand the terms and conditions of the general National Pollution Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification. For: Name: City, Responsible for: General Contractor For: Name: City, S Phone: Responsible for: Temporary and Permanent Stabilization For: City, S Phone: Responsible for: Stabilized Construction Entrance, Earth Dikes, Sediment Basin G:UOBAC- DACOLLIERVCCU44VCollier County \S W P3CC IJ44RECOVERED r }� 2 6 GOLDEN GATE COMMUNITY PARK BOAT LAUNCH STORM WATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM TO BE COMPLETED EVERY 7 DAYS AND WITHIN 24 HOURS OF A RAINFALL EVENT OF 1.0 INCHES OR MORE INSPECTOR: DA' INSPECTOR'S QUALIFICATIONS: DAYS SINCE LAST RAINFALL: AMOUNT OF LAST RAINFALL INCHES STABILIZATION MEASURES AREA DATE SINCE LAST DISTURBANCE DATE OF NEXT DISTURBANCE STABILIZED? YESINO STABILIZED WITH CONDITION STABILIZATION REQUIRED: 110971[am= 'RIM NUT 191 KI G.VOB \C -D \COLLIER \CCU44 \Collier Count3\SWP3CCU44REC0VERED OR BEFORE: 26D GOLDEN GATE COMMUNITY PARK BOAT LAUNCH STORM WATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM SEDIMENT BASIN: CONDITION OF BASIN SIDE SLOPES ANY EVIDENCE OF OVERTOPPING OF THE EMBANKMENT? CONDITION OF OUTFALL FROM SEDIMENT BASIN MAINTENANCE REQUIRED FOR SEDIMENT BASIN: TO BE PERFORMED BY: ON OR BEFORE: G:VORAC- DACOLLIERVCCU44VCollier County \S W MCCU44RECOV ERED GOLDEN GATE COMMUNITY PARK BOAT LAUNCH STORMWATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM STABILIZED CONSTRUCTION ENTRANCE: DOES MUCH SEDIMENT GET TRACKED ON TO ROAD? IS THE GRAVEL CLEAN OR IS IT FILLED WITH SEDIMENT? DOES ALL TRAFFIC USE THE STABILIZED ENTRANCE TO LEAVE THE SITE? IS THE CULVERT BENEATH THE ENTRANCE WORKING? MAINTENANCE REQUIRED FOR STABILIZED CONSTRUCTION ENTRANCE: TO BE PERFORMED BY: ON OR BEFORE: G.UOBAC- DACOLLIERVCCU44VCollier County \S W MCCU44RLCO V FRED GOLDEN GATE COMMUNITY PARK BOAT LAUNCH I6026 STORMWATER POLLUTION PREVENTION PLAN INSPECTION AND MAINTENANCE REPORT FORM CHANGES REQUIRED TO THE POLLUTION PREVENTION PLAN: REASONS FOR CHANGES: I certify under penalty of law that this document and all attachments were proposed under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. SIGNATURE: DATE: G :AJOBAC- DACOLLIERVCCU44VCollier County\S W P3CCU44RBCOV ERI.D EXHIBIT L 16 10,26 PLANS AND SPECIFICATIONS PREPARED BY: Q. GRADY MINOR & ASSOCIATES, PA. AND IDENTIFIED AS FOLLOWS: GOLDEN GATE COMMUNITY PARK BOAT LANDING. AS SHOWS ON SHEETS 1 THROUGH 10. DWG NO. DESCRIPTION 1. COVER SHEET AND INDEX OF DRAWINGS 2. GENERAL NOTES 3. OVERALL AERIAL SITE PLAN AND EXISTING CONDITIONS 4. SITE GRADING, PAVING, AND DRAINAGE PLAN (BOAT LANDING) 5. NOT INCLUDED IN BID SET 6. APPROVED SDP EXHIBIT 7. MISCELLANEOUS DETAILS 8. MISCELLANEOUS DETAILS 9. CLEARING AND EROSION CONTROL PLANS 10. EXISTING AND PROPOSED LANDSCAPE / LIMITED IRRIGATION PLAN, NOTES, AND DETAILS G- VOB \C -D \Collier Co. Contracts \CCU 44 \GGCP Boat Landing plan bid tech specs 09 -24 -07 doe GOLDEN GATE COMMUNITY PARK BOAT LANDING BID NO ITEM DESCRIPTION QUANTITY UNIT 1 MOBILIZATION /DEMOBILIZATION 1 LS 2 CLEARING AND GRUBBING 1 LS 3 STORMWATER POLLUTION PLAN 1 LS 4 PARKING LOT RECONFIGURATION 1 LS 5 LIGHT POLE RELOCATION 2 EA 6 BOAT LAUNCH CONSTRUCTION 1 LS 7 RIP RAP 130 SY 8 LANDSCAPING 1 LS 9 DEMOLITION EXISTING BULDINGS 1 LS G:1JOB \C -D \Culler Co. Contracts \CCU 44 \BID SHEETS 10 -30- 0710/30/2007 16 026 UNIT PRICE AMOUNT TOTAL 16 D 26 EXHIBIT J TECHNICAL SPECIFICATIONS 1. All roadway boat ramp materials and work shall be supplied and completed in accordance with the FDOT "Standard Specifications for Road and Bridge Construction' dated 2007, as revised to date and attached specifications. 2. Clearing and grubbing shall be limited to work areas only. Contractor shall be responsible for restoring all areas disturbed by his work. All disturbed areas shall be sodded with Bahia. 3. Contractor shall be responsible for all construction layout. 4. Contractor shall field verify all existing culverts and structures in which connections are to be made. 5. Contractor shall be responsible for the cost of all backfill and concrete testing required. 6. Contractor shall coordinate with all utilities for location of existing facilities and shall coordinate for all utility adjustment, and relocation required. 7. Contractor shall be responsible for all Maintenance of Traffic for the project. Maintenance of Traffic shall be in accordance with the FDOT Standard Index and the Manual of Uniform Traffic Control Device (MUTCD, Part VI). 8. Contractor shall coordinate their work with all other County Contractors and workers. Collier County shall allow work to commence at 7:00 AM through 5:00 PM on Monday through Saturday. No work is permitted on Sundays. Note that this area is part of an existing park and may have heavy utilization during late afternoon and evening hours during the week and throughout the day on Saturday. During these times, contractor will need to minimize closure of existing parking areas, provide detours, and any other measures needed to maintain parking and traffic flow. G VOBAC- DACollier Co- ContractsVCCU 44VGGCP Boat Landing plan bid tech specs 09- 24- 07.doc =1 EXHIBIT J TECHNICAL SPECIFICATIONS (CONTINUED) MEASUREMENT AND PAYMENT PARTI GENERAL 1.01 WORK INCLUDED A. Work under this contract shall be measured and paid for as specified in this Division. Payment for any item of work shall be full compensation for the following: 1. Furnishing all labor, tools, equipment and material. 2. Incidental clearing, grubbing, hauling and suitable disposal of debris related to the work 3. Delivering and installation or placement of material. 4. Excavation, dewatering, stabilization, sheeting, harnessing or bracing and backfillitig. 5. Testing to meet requirements of these Specifications or applicable permit requirements. 6. Safety precautions, traffic management, damages arising from the nature of the work and action of the elements or any unforeseen difficulties encountered during the prosecution of the work until acceptance by Owner. 7. Costs and expenses for all taxes, commissions, transportation, patent fees and royalties. 8. Final grading and cleanup. 9. Any incidental work normally associated with the item of work. B. The quantities of payment under this Contract will be determined by actual measurement of the completed item, in place, ready for service and accepted by Owner, in accordance with the applicable method of measurement stated below. A representative of Contractor shall witness all field measurements. G:VOBVC- DACollier Co. ContractsVCCU 44VGGCP Boat Landing plan bid tech specs 09 -24-07 doe S a C. Payment for any quantities of work in excess of those shown on the Bid Form will not be made without prior written authorization of such additional work authorized by Owner through the Engineer. PART 2 PAYMENT OF ITEMS 2.01 MEASUREMENT AND PAYMENT A. Unless specified other wise in the Bid Form, work under this Contract shall be measured and paid for as follows: I. Mobilization/Demobilization: Measurement for mobilization and demobilization shall be by hump Sum for the project and shall not exceed 10% of the amount for the Base Bid. The work shall include, but not be limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to and form the project site and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities. The cost of bonds and insurance and any other pre - construction expenses necessary for the start of the work, excluding the cost of construction materials, shall be included. 2. Clearing and Grubbing: Measurement shall be by Lump Sum for clearing and grubbing in the areas indicated and required to perform all proposed construction. Work shall include the complete removal and legal disposal of all timber, brush, stumps, weeds, rubbish, and all other obstructions resting on or protruding through the surface of the existing ground to a depth of one foot below finished grade. 3. Stormwater Pollution Plan: Measurement shall be by Lump Sum for the project and shall be pro -rated during the construction based upon work completed. Work shall include all labor, materials and equipment necessary for implementation of the Stormwater Pollution Presentation Plan. This shalt include initial instillation of stormwater pollution barriers, maintenance of barrier and their removal upon completion of work. 4. Parking Lot Reconfiguration: Measurement shall be by Lump Sum of all parking lot modification. Work shall include all labor, materials and equipment necessary for removal of existing pavement and curb, construction of proposed parking areas and new curbing, striping, and other miscellaneous work identified on the plans. 5. Light Pole Relocation: Measurement shall be per each light pole relocated. Work shall include all labor, materials, and equipment necessary for light pole relocation, rewiring, splice boxes, and all other G:UOB \C- D \Collicr Co. Contracts \CCU 44 \GGCP Boat Landing plan bid tech specs 09- 24 -0Zdoc 16 D 26 miscellaneous work associated with the completion of light pole relocation. Light poles shall be relocated pursuant to the construction documents. 6. Boat Launch Construction: Measurement shall by Lump Sum for boat launch and bulkhead construction. Work shall include all labor, materials and equipment necessary for the boat launch and bulkhead. This shall include all pre -cast and cast -in -place concrete, and all other miscellaneous materials required for completion of the boat launch construction. Rip -Rap: Measurement shall be by Lump Sum of rip -rap installed. Rip -rap shall be a minimum of 18" thick and shall be FDOT 530 Ditch Lining. Work shall include all labor, materials and equipment necessary for rip -rap installation. 8. Landscaping: Measurement shall be by Lump Sum for all landscape and irrigation installation. Landscaping shall be in accordance with the landscape plan and include but not be limited to landscape relocation, new landscaping, sodding, and any other miscellaneous work required to complete the landscaping. Demolition of Existing Buildings: Measurement shall be by Lump Sum for the demolition of the two (2) existing buildings. Work shall include all labor, material and equipment necessary to remove the existing prefabricated building and one pole type building including hold downs, foundations, electrical and other miscellaneous restorations. G'VOBAC -0VCollier Co_ ContractsVCCU 4 VGGCp Boat I andine plan bid tech specs 09- 29- 07 .doe LISTING OF ADDITIONAL TECHNICAL SPECIFICATIONS SECTION 02050 02110 02222 02223 02400 02523 02575 02999 03100 03311 03200 G:UOBVC- DACollier Co. ContractsVCCU 44 \additional specs doc TITLE Demolition Site Clearing Excavation — Earth and Rock 13ackfilling Lawn Restoration Sidewalks, Driveways and Curbs Pavement Repair and Restoration Miscellaneous Work and Cleanup Concrete Formwork Concrete Concrete Reinforcement SECTION 02050 16026 DEMOLITION PART1 GENERAL 1.1 SUMMARY A. Section Includes: All work necessary for the removal and disposal of structures, foundations, piping, equipment and roadways, or any part thereof including masonry, steel, reinforced concrete, plain concrete, electrical facilities, and any other material or equipment shown or specified to be removed. B. Basic Procedures and Schedule: Carry out demolition so that adjacent structures, which are to remain, are not endangered. Schedule the work so as not to interfere with the day to day operation of the existing facilities. C. Additional Requirements: Provide dust control and make provisions for safety. PART2 PRODUCTS Not Used PART 3 EXECUTION 3.1 PROTECTION A. General Safety: Provide warning signs, protective barriers, and warning lights as necessary adjacent to the work as approved or required. Maintain these items during the demolition period. B. Existing Services: Undertake no demolition work until all mechanical and electrical services affected by the work have been properly disconnected. Cap, reroute or reconnect interconnecting piping or electrical services that are to remain in service either permanently or temporarily in a manner that will not interfere with the operation of the remaining facilities. C. Hazards: Perform testing and air purging where the presence of hazardous chemicals, gases, flammable materials or other dangerous substances is apparent or suspected, and eliminate the hazard before demolition is started. Section 02050 DEMOLITION Page I oft 1 L ' 3.2 DEMOLITION REQUIREMENTS A. Explosives: The use of explosives will not be permitted B. Protection: Carefully protect all mechanical and electrical equipment against dust and debris. C. Removal: Remove al debris from the structures during demolition and do not allow debris to accumulate in piles. D. Access: Provide safe access to and egress from all working areas at all times with adequate protection from falling material. E. Protection: Provide adequate scaffolding, shoring, bracing railings, toe boards and protective covering during demolition to protect personnel and equipment against injury or damage. Cover floor openings not used for material drops with material substantial enough to support any loads placed on it. Properly secure the covers to prevent accidental movement. F. Lighting: Provide adequate lighting at all times during demolition. G. Closed Areas: Close areas below demolition work to anyone while removal is in progress. H. Material Drops: Do not drop any material to any point lying outside the exterior walls of the structure unless the area is effectively protected. 3.3 DISPOSAL OF MATERIALS A. Final Removal: Remove all debris, rubbish, scrap pieces, equipment and materials resulting from the demolition unless otherwise indicated. Take title to all demolished materials and remove such items from the site. B. OWNER's Property: In addition to any items which may be shown, the following items remain the property of the OWNER. Remove carefully, without damage, all items listed or shown, and stockpile as directed. END OF SECTION Section 02050 DEMOLITION Page 2 of 2 SECTION 02110 SITE CLEARING PART1 GENERAL 1.1 SUMMARY 6 A. Section Includes: Requirements for clearing of all areas within the Contract limits and other areas shown. B. Related Work Specified in Other Sections Includes: 1. Section 02222 — Excavation -- Earth and Rock 2. Section 02223 — Backfilling 3. Section 02400 — Lawn Restoration 1.2 DEFINITIONS A. Clearing: Clearing is the removal from the ground surface and disposal, within the designated areas, of trees, brush, shrubs, down timber, decayed wood, other vegetation, rubbish and debris as well as the removal of fences. B. Grubbing: Grubbing is the removal and disposal of all stumps, buried logs, roots larger than 1 -1/2 inches, matted roots and organic materials. PART PRODUCTS QN111mgm- 4J PART 3 EXECUTION 3.1 TREE REMOVAL A. Tree Removal Within Property Limits: Removal trees and shrubs within the limits of construction unless otherwise indicated. I. Remove trees and shrubs to avoid damage to trees and shrubs designated to remain. 2. Grub and remove tree stumps and shrubs felled within the limits of construction to an authorized disposal site. Fill depressions created by such removal with material suitable for backfrll as specified in Section 02223. Section 02110 SITE CLEARING Page 1 of 4 16D26 B. Tree Removal Outside Property Limits: Do not cut or damage trees outside the limits of construction unless shown to be removed or unless written direction is received. 3.2 TREES AND SHRUBS TO BE SAVED A. Protection: Protect trees and shrubs within the limit of construction that are so delineated or are marked in the field to be saved from defacement, injury and destruction. 1. Work within the limits of the tree drip line with extreme care using either hand tools or equipment that will not cause damage to trees. a. Do not disturb or cut roots unnecessarily. Do not cut roots 1 -1/2 inches and larger unless approved. b. Immediately backfill around tree roots after completion of construction in the vicinity of trees. C. Do not operate any wheeled or tracked equipment within drip line. 2. Protect vegetation from damage caused by emissions from engine- powered equipment. 3. During working operations, protect the trunk, foliage and root system of all trees to be saved with boards or other guards placed as shown and as required to prevent damage, injury and defacement. a. Do not pile excavated materials within the drip line or adjacent to the trunk of trees. b. Do not allow runoff to accumulate around trunk of trees. C. Do not fasten or attach ropes, cables, or guy wires to trees without permission. When such permission is granted, protect the tree before making fastening or attachments by providing burlap wrapping and softwood cleats. d. The use of axes or climbing spurs for trimming will not be permitted. C. Provide climbing ropes during trimming. Section 02110 SITE CLEARING Page 2 of 4 16D 6 4. Remove shrubs to be saved, taking a sufficient earth ball with the roots to maintain the shrub. a. Temporarily replant if required, and replace at the completion of construction in a condition equaling that which existed prior to removal. b. Replace in -kind if the transplant fails. 5. Have any tree and shrub repair performed by a tree surgeon properly licensed by the State of Florida and within 24 hours after damage occurred. 3.3 CLEARING AND GRUBBING A. Clearing: Clear all items specified to the limits shown and removed cleared and grubbed materials from the site. 1. Do not start earthwork operations in areas where clearing and grubbing is not complete, except that stumps and large roots may be removed concurrent with excavation. 2. Comply with erosion sediment control and storm management measures as specified. B. Grubbing: Clear and grub areas to be excavated, areas receiving less than 3 feet of fill and areas upon which structures are to be constructed. Remove stumps and root mats in these areas to a depth of not less than 18 inches below the subgrade of sloped surfaces. 2. Fill all depressions made by the removal of stumps or roots with materials suitable for backfill as specified in Section 02223. C. Limited Clearing: Clear areas receiving more than 3 feet of fill by cutting trees and shrubs as close as practical to the existing ground. Grubbing will not be required. D. Dispose of all material and debris from the clearing and grubbing operation by hauling such material and debris away to an approved dump. The cost of disposal (including hauling) of cleared and grubbed material and debris shall be considered a subsidiary obligation of the Contractor; the cost of which shall be included in the prices bid for the various classes of work. Section 02110 SITE CLEARING Page 3 of 4 � w } g yr 3.4 TOPSOIL A. Stripping: Strip existing topsoil from areas that will be excavated or graded prior to commencement of excavating or grading and place in well - drained stockpiles in approved locations. END OF SECTION Section 02110 SITE CLEARING Page 4 of 4 SECTION 02222 EXCAVATION —EARTH AND ROCK PART] GENERAL 1.1 SUMMARY A. Section Includes: Requirements for performing open cut excavations to the widths and depths necessary for constructing structures, pipelines and conduits including excavation of any material necessary for any purpose pertinent to the construction of the Work. B. Related Work Specified in Other Sections Includes: 1. Section 02110 — Site Clearing 2. Section 02223 — Backfilling 1.2 DEFINITIONS A. Earth: "Earth" includes all materials which, in the opinion of the ENGINEER, do not require blasting, barring, wedging or special impact tools for their removal from their original beds, and removal of which can be completed using standard excavating equipment. Specifically excluded are all ledge and bedrock and boulders or pieces of masonry larger than one cubic yard in volume. B. Rock: "Rock" includes all materials which, in the opinion of the ENGINEER, require blasting, barring, wedging and /or special impact tools such as jack hammers, sledges, chisels, or similar devices specifically designed for use in cutting or breaking rock for removal from their original beds and which have compressive strengths in their natural undisturbed state in excess of 300 psi. Boulders or masonry larger than one cubic yard in volume are classed as rock excavation. C. All excavation shall be unclassified. No additional payment shall be made for excavation of rock. Contractor shall make examination of the existing site prior to bidding to determine existing conditions. PART2 PRODUCTS Not Used Section 02222 EXCAVATION — EARTH AND ROCK Page I of 9 PART 3 EXECUTION 16 D 26 3.1 GENERAL A. Clearing: Clear open cut excavation sites of obstructions preparatory to excavation. Clearing in accordance with Section 02110, includes removal and disposal of vegetation, trees, stumps, roots and bushes, except those specified to be protected during trench excavation. B. Banks: Shore or slope banks to the angle of repose to prevent slides or cave -ins as required by Work. C. Safety: Whenever an excavation site or trench is left unattended by the CONTRACTOR, or when an area is not within 100 feet of observation by the CONTRACTOR, the excavation site or trench shall be filled and /or, at the OWNER'S discretion, protected by other means to prevent accidental or unauthorized entry. Such protection shall include barricades and other protection devices requested by the ENGINEER or OWNER, including temporary fencing, snow fencing, or temporary "structure" tape. Such safety items shall not relieve the CONTRACTOR of any site safety requirements or liabilities established by Federal, State and local laws and agencies, including OSHA, but is intended as additional safety measures to protect the general public. D. Hazardous Materials: If encountered, take care of hazardous materials not specifically shown or noted in compliance with various laws and regulations. E. During excavation and any site work, storm water pollution prevention measures shall be taken to ensure that water quality criteria are not violated in the receiving water body and all state and local regulatory requirements are met. 3.2 STRUCTURE EXCAVATION A. Excavation Size: Provide excavations of sufficient size and only of sufficient size to permit the Work to be economically and properly constructed in the manner and of the size specified. B. Excavation Shape: Shape and dimension the bottom of the excavation in earth or rock to the shape and dimensions of the underside of the structure or drainage blanket wherever the nature of the excavated material permit. C. Compaction: Before placing foundation slabs, footings or backfill, proof roll the bottom of the excavations to detect soft spots. Section 02222 EXCAVATION — EARTH AND ROCK Page 2 of 9 For accessible areas, proof roll with a ten wheel tandem axle dL1 — W f %26 truck loaded to at least 15 tons or similarly loaded construction equipment. 2. For small areas, proof roll with a smooth -faced steel roller filled with water or sand, or compacted with a mechanical tamper. 3. Make one complete coverage, with overlap, of the area. 4. Over excavate soft zones and replace with compacted select fill. 3.3 TRENCH EXCAVATION A. Preparation: Properly brace and protect trees, shrubs, poles and other structures which are to be preserved. Unless shown or specified otherwise, preserve all trees and large shrubs. Hold damage to the root structure to a minimum. Small shrubs may be preserved or replaced with equivalent specimens. B. Adequate Space: Keep the width of trenches to a minimum; however provide adequate space for workers to place, joint and backfill the pipe properly. The minimum width of the trench shall be equal to the outside diameter of the pipe at the joint plus 8- inches for unsheeted trench or 12 inches for sheeted trench. The maximum width of trench, measured at the top of the pipe, shall not exceed the outside pipe diameter plus 2 feet, unless otherwise shown on the drawing details or approved by the ENGINEER. Trench walls shall be maintained vertical from the bottom of the trench to a line measured one foot above the top of the pipe. From one foot above the top of the pipe to the surface the trench walls shall conform with OSHA Regulations. 2. In sheeted trenches, measure the clear width of the trench at the level of the top of the pipe to the inside of the sheeting. 3. Should the maximum trench widths specified above be exceeded without written approval, provide concrete cradle or encasement for the pipe as directed. No separate payment will be made for such concrete cradle or encasement. Section 02222 EXCAVATION — EARTH AND ROCK Page 3 of 9 16 C 2 C. Depth: 1. Excavate trenches to a minimum depth of 8 inches below the bottom of the pipe or the bottom of encasement for electrical ducts, unless otherwise shown, specified or directed, so that bedding material can be placed in the bottom of the trench and shaped to provide a continuous, firm bearing for duct encasement, pipe barrels and bells. 2. Standard trench grade shall be defined as the bottom surface of the utility to be constructed or placed within the trench. Trench grade for utilities in rock or other non - cushioning material shall be defined as additional undercuts backfilled with #57 stone compacted in 6 -inch lifts, below the standard 8- inches minimum trench undercut. Excavation below trench grade that is not ordered in writing by the ENGIEER shall be backfilled to trench grade and compacted. D. Unstable or Unsuitable Materials: If unstable or unsuitable material is exposed at the level of the bottom of the trench excavation, excavate the material in accordance with the subsection headed "Authorized Additional Excavation ". Material shall be removed for the full width of the trench and to the depth required to reach suitable foundation material. 2. When in the judgment of the ENGIEER the unstable or unsuitable material extends to an excessive depth, the ENGINEER may advise, in writing, the need for stabilization of the trench bottom with additional select fill material, crushed stone, washed shell, gravel mat or the need to provide firm support for the pipe or electrical duct by other suitable methods. 3. Crushed stone, washed shell and gravel shall be as specified in Section 02223. 4. Payment for such trench stabilization will be made under the appropriate Contract Items for where no such items exist, as a change in the Work. E. Length of Excavation: Keep the open excavated trench preceding the pipe or electrical duct laying operation and the unfilled trench, with pipe or duct in place, to a minimum length which causes the least disturbance. Provide ladders for a means of exit from the trench as required by applicable safety and heath regulations. Section 02222 EXCAVATION — EARTH AND ROCK Page 4 of 9 F. Excavated Material: Excavated material to be used for backfill shaj1b6 X26 neatly deposited at the sides of the trenches where space is available. Where stockpiling of excavated material is required, the Contractor shall be responsible for obtaining the sites to be used and shall maintain his operations to provide for natural drainage and not present an unsightly appearance. G. Water: Allow no water to rise in the trench excavation until sufficient backfill has been placed to prevent pipe or duct flotation. 3.4 ROCK EXCAVATION A. Rock Excavation: Excavate rock within the boundary lines and grades as shown, specified or required. 1. Rock removed from the excavation becomes the property of the CONTRACTOR. Transport and dispose of excavated rock at an off site disposal location. Obtain the off site disposal location. 2. Remove all shattered rock and loose pieces. 3. No additional payment shall be made for rock excavation or its disposal. Excavated rock of proper size may be utilized for rip - rap. B. Structure Depths: For cast -in -place structures, excavate the rock only to the bottom of the structure, foundation slab, or drainage blanket. C. Trench Width: Maintain a minimum clear width of the trench at the level of the top of the pipe of the outside diameter of the pipe barrel plus 4 feet, unless otherwise approved. D. Trench Depth: For trench excavation in which pipelines or electrical ducts are to be placed, excavate the rock to a minimum depth of 8 inches below the bottom of the pipe or duct encasement. Provide a cushion of sand or suitable crushed rock. Refill the excavated space with pipe bedding material in accordance with Section 02223. Include placing, compacting and shaping pipe bedding material in the appropriate Contract Items. E. Manhole Depths: For manhole excavation, excavate the rock to a minimum depth of 8 inches below the bottom of the manhole base for pipelines 24 inches in diameter and larger and 6 inches below the bottom manhole base for pipelines less than 24 inches in diameter. Refill the excavated space with pipe bedding material in accordance with Section Section 02222 EXCAVATION — EARTH AND ROCK Page 5 of 9 02223. Include placing, compacting and shaping pipe bedding material for manhole bases in the appropriate Contract Items. F. Over - excavated Space: Refill the excavated space in rock below structures, pipelines, conduits and manholes, which exceeds the specified depths with 2,500 psi concrete, crushed stone, washed shell, or other material as directed. Include refilling of over - excavated space in rock as part of the rock excavation. G. Other Requirements: Follow, where applicable, the requirements of the subsections on "Trench Excavation" and "Structure Excavation ". H. Blasting: Perform authorized blasting by authorized and qualified workers as approved as to the number, length, placing and direction, and loading of holes. Do not use charges which will make the excavation unduly large or irregular, nor shatter the rock upon or against which masonry is to be built, nor injure masonry or existing structures at the site or in the vicinity. Cover each blast with a woven wire cable mat weighted with heavy timbers. Blasting will not be permitted within 25 feet of existing or of the completed pipeline or structure. Control blasts in tunnels so that the material surrounding the tunnel base proper is not loosened or displaced. 2. Discontinue blasting whenever it is determined that further blasting may injure or damage adjacent rock, masonry, utility lines or other structures. In such cases, excavate the remaining rock by barring, wedging or other approved methods. 3. Where sewers, gas, water, steam, or other utility ducts or lines, catch basin connections or other structures have been exposed during excavation, adequately protect such structures from damage before proceeding with the blasting. Promptly repair any structure damaged by blasting at no addition to the Contract Price. 4. Take due precautions to prevent accidental discharge of electric blasting caps from current induced by radar, radio transmitters, lightening, adjacent power lines, dust storms or other sources of extraneous electricity. 5. Keep a sufficient quantity of explosives on hand to avoid delay to the Work on the site when rock excavation is in progress. At no time keep a quantity in excess of that which will be required for use within the following 12 hours. Section 02222 EXCAVATION — EARTH AND ROCK Page 6 of 9 3.4 3.5 1 6 D 6. Store, handle and use such explosives in conformity with all laws, ordinances, and regulations of the County or governing body governing the storage and use of explosives at the construction site. 7. Provide a magazine keeper to keep accurate daily records and account for each piece of explosive, detonator and equipment from time of delivery at the magazine until used or removed from the site. Abandon no explosives or blasting agents. 8. Take sole responsibility for the methods of handling, use, and storage of explosives and any damage to persons or property resulting therefore. Approval of these methods or failure to order that blasting be discontinued does not relieve the CONTRACTOR of any of this responsibility. FINISHED EXCAVATION A. Finish: Provide a reasonably smooth finished surface for all excavations, which is uniformly compacted and free from irregular surface changes. B. Finish Methods: Provide a degree of finish which is ordinarily obtainable from blade -grade operations, except as otherwise specified in Section 02223. PROTECTION A. Traffic and Erosion: Protect newly graded areas from traffic and from erosion. B. Repair: Repair any settlement or washing away that may occur from any cause, prior to acceptance. Re- establish grades to the required elevations and slopes C. It shall be the CONTRACTOR's responsibility to acquaint himself with all existing conditions and to locate all structures and utilities along the proposed utility alignment in order to avoid conflicts. Where actual conflicts are unavoidable, work shall be coordinated with the facility owner and performed so as to cause as little interference as possible with the service rendered by the facility disturbed. Facilities or structures damaged in the prosecution of the work shall be repaired and /or replaced immediately, in conformance with current standard practices of the industry, or according to the direction of the owner of such facility, at the CONTRACTOR's expense. Section 02222 EXCAVATION — EARTH AND ROCK Page 7 of 9 161926 D. Other Requirements: Conduct all Work in accordance with the environmental protection requirements. 3.7 SEGREGATION STORAGE AND DISPOSAL OF MATERIAL A. Stockpiling Suitable Materials: Stockpile topsoil suitable for final grading and landscaping and excavated material suitable for backfilling or embankments separately on the site in approved locations. B. Stockpile Locations: Store excavated and other material a sufficient distance away from the edge of any excavation to prevent its falling or sliding back into the excavation and to prevent collapse of the wall of the excavation. Provide not less than 2 feet clear space between the top of any stockpile and other material and the edge of any excavation. C. Excess Materials: CONTRACTOR shall be responsible to transport and dispose of surplus excavated material and excavated material unsuitable for backfilling or embankments at an off site disposal location secured by the CONTRACTOR. 3.8 REMOVAL OF WATER A. Water Removal: At all times during the excavation period and until completion and acceptance of the WORK at final inspection, provide ample means and equipment with which to remove promptly and dispose of properly all water entering any excavation or other parts of the WORK. B. Dry Excavations: Keep the excavation dry. C. Water Contact: Allow no water to rise over or come in contact with masonry and concrete until the concrete and mortar have attained a set and, in any event, not sooner than 12 hours after placing the masonry or concrete. D. Discharge of Water: Dispose of water pumped or drained from the Work in a safe and suitable manner without damage to adjacent property or streets or to other work under construction. E. Protection: Provide adequate protection for water discharged onto streets. Protect the street surface at the point of discharge. F. Sanitary Sewers: Discharge no water into sanitary sewers. G. Storm Sewers: Discharge no water containing settleable solids into storm sewers. Section 02222 EXCAVATION — EARTH AND ROCK Page 8 of 9 16026 H. Repair: Promptly repair any and all damage caused by dewatering the Work. END OF SECTION Section 02222 EXCAVATION — EARTH AND ROCK Page 9 of 9 SECTION 02223 BACKFILLING PARTI GENERAL 1.1 SUMMARY 9 r, s, A. General Requirements: Backfill all excavation to the original surface of the ground or to such other grades as may be shown or required. For areas to be covered by topsoil, leave or stop backfill (12) inches below the finished grade or as shown. Obtain approval for the time elapsing before backfilling against masonry structures. Remove from all backfill, any compressible, putrescible, or destructible rubbish and refuse and all lumber and braces from the excavated space before backfilling is started. Leave sheeting and bracing in place or remove as the work progresses. B. Equipment Limitations: Do not permit construction equipment used to backfill to travel against and over cast -in -place concrete structures until the specified concrete strength has been obtained, as verified by concrete test cylinders. In special cases where conditions warrant, the above restriction may be modified providing the concrete has gained sufficient strength, as determined from test cylinders, to satisfy design requirements for the removal of forms and the application of load. C. Related Work Specified In Other Sections Includes: I. Section 02110 — Site Clearing 2. Section 02222 — Excavation — Earth and Rock 1.2 REFERENCES A. Codes and standards referred to in this Section are: 1. ASTM D 1557 - Standard Test methods for Moisture- Density Relations of Soil an Soil- Aggregate Mixtures Using 10 lb Rammer and 18 in Drop PART PRODUCTS 2.1 BACKFILL MATERIAL - GENERAL A. General: Backfill and sound materials, free from waste, organic matter, rubbish, boggy or other unsuitable materials. Section 02223 BACKFILLING Page I of 7 2.2 2.3 6626 B. General Materials Requirements: Conform materials used for baekfiliing to the requirements specified. Follow common fill requirements whenever drainage or select fill is not specified. Determine and obtain the approval of the appropriate test method where more than one compaction test method is specified. SELECT FILL A. Materials for Select Fill: Use clean gravel, crushed stone, washed shell, or other granular or similar material as approved which can be readily and thoroughly compacted to 96 percent of the maximum dry density obtainable by ASTM D 1557. I . Allowed Materials: Grade select fill between the following limits: U.S. Standard Percent Passing Sieve By Weieht 2 inch 100 1 -1/2 inch 90 -100 1 inch 75 -95 inch 45 -70 #4 25 -50 #10 15 -40 #200 5 -15 2. Unallowed Materials: Very fine sand, uniformly graded sands and gravels, sand and silt, soft earth, or other materials that have a tendency to flow under pressure when wet are unacceptable as select fill. COMMON FILL A. Materials for Common Fill: Material from on -site excavation may be used as common fill provided that it can be readily compacted to 90 percent of the maximum dry density obtainable by ASTM D 1557, and doe sot contain unsuitable material. Select fill may be used as common fill at no change in the Contract Price. B. Granular Materials On -Site well graded between the common fill: : Granular on -site material, which is fairly following limits may be used as granular Section 02223 BACKFILLING Page 2 of 7 16P26 DEPARTMENT OF THE ARMY PERMIT TRANSFER PERMIT NUMBER: SAJ- 2007- 4227(NW -LBD) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, FL 32232- 0019. (TRANSFEREE - SIGNATURE) (DATE) (NAME- PRINTED) (MAILING ADDRESS) (CITY, STATE, ZIP CODE) (SUBDIVISION) (LOT) (BLOCK) (STREET ADDRESS) BUTPUBI Wog Z)JUD UaPloq z W z W as F- >m 2: Z < (r < Z W c < a Q moo o RS > _)2 Z' 8�6� F 0 <r W Ir F M ct LL Z LLI Z < < 0 maj C) Z m z x N W m wz-=LL co cq 0 J 2 z cn cz a) cm U) C) < 0 .2 LL CD MR-Mmm OU) MIUMME a 0 ct o 3: 7(03) lj rTj O 0 NIEMEN C15 0 C'i 0 _j CO ONMEMEME c 0 al CO C) BUTPUBI Wog Z)JUD UaPloq I F- z W z W as F- >m 2: Z < (r < Z W c < a Q moo o > _)2 Z' 8�6� F 0 <r W Ir F M 0 LL Z LLI Z < < 0 maj C) Z m z x N W m wz-=LL 0 J 2 z U< on 0 U) C) < 0 .2 0 CD MR-Mmm MIUMME a 0 o I NIEMEN mma ONMEMEME 0 I z > I F- z W z W as F- >m 2: Z < (r < Z W c < a Q moo o > _)2 Z' 8�6� F 0 <r W Ir F M 0 LL Z LLI Z < < 0 maj C) Z m z x N W m wz-=LL 0 J 2 z U< on 0 U) C) < 0 .2 0 CD MR-Mmm MIUMME I NIEMEN mma ONMEMEME I F- z W z W as F- >m 2: Z < (r < Z W c < a Q moo o > _)2 Z' 8�6� F 0 <r W Ir F M 0 LL Z LLI Z < < 0 maj C) Z m z x N W m wz-=LL 0 J 2 z U< on 0 U) C) < 0 .2 0 CD N"O mIN P26 0 hF .2 P26 U.S. Standard Sieve 3 inch #10 #60 #200 C. Cohesive Materials On -Site: common fill. 16026 Percent Passing 13v Weii-dht 100 50 -100 20-90 0 -20 Cohesive site material may be used as The graduation requirements do not apply to cohesive common fill. 2. Use material having a liquid limit less than or equal to 40 and a plasticity index less than or equal to 20. D. Material Approval: All material used as common fill is subject to approval. If there is insufficient on -site material, import whatever additional off -site material is required which conforms to the specifications and at no additional cost. PART 3 EXECUTION 3.1 PIPE BEDDING AND INITIAL BACKFILL A. Hand Placement: Place select fill by hand for initial pipe backfill from top of bedding to 1 foot over top of pipes in uniform layers not greater than 6 inches in loose thickness. Tamp under pipe haunches and thoroughly compact in place the select fill with suitable mechanical or pneumatic tools to not less than 95 percent of the maximum dry density as determined by ASTM D 1557. B. Stone Placement: Do not place large stone fragments in the pipe bedding or backfill to 1 foot over the top of pipes, nor nearer than 2 feet at any point from any pipe, conduit or concrete wall. C. Unallowed Materials: Pipe bedding containing very fine sand, uniformly graded sands and gravels, sand and silt, soft earth, or other materials that have a tendency to flow under pressure when wet is unacceptable. 3.2 TRENCH BACKFILL A. General: Backfill material shall be clean earth fill composed of sand, clay and sand, sand and stone, crushed stone, or an approved combination thereof. Backfilling shall be accomplished under two specified Section 02223 BACKFILLING Page 3 of 7 requirements. First Lift, from trench grade to a point 12 inches above the tope of the utility, and, Second Lift, from the top of the First Lift to the ground surface. Where thrust blocks, encasements, or other below -grade concrete work have been installed, backfilling shall not proceed until the concrete has obtained sufficient strength to support the backfill load. B. First Lift: Fine material shall be carefully placed and tamped around the lower half of the utility. Backfilling shall be carefully continued in compacted and tested layers not exceeding 6 inches in thickness for the full trench width, until the fill is 12 inches above the top of the utility, using the best available material from the excavation, if approved. The material for these first layers of backfill shall be lowered to within 2 feet above the top of pipes before it is allowed to fall, unless the material is placed with approved devices that protect the pipes from impact. The "First Lift" shall be thoroughly compacted and tested before the "Second Lift" is placed. Unless otherwise specified, compaction shall equal 98% of maximum density, as determined by ASTM D 1557. The "First Lift" backfill shall exclude stones, or rock fragments larger than the following: (Greatest Dimension - Inches) Pipe Type Fragment Size (Inches) Steel 2 Concrete 2 Ductile Iron 2 Plastic 1 Fiberglass 1 C. Second Lift: The remainder of the trench, above the "First Lift ", shall be backfilled and tested in layers not exceeding 6 inches. The maximum dimension of a stone, rock, or pavement fragment shall be 6 inches. When trenches are cut in pavements or areas to be paved, compaction, as determined by ASTM D 1557, shall be equal to 98% of maximum density, with compaction in other areas not less than 95% of maximum density in unpaved portions of the Rights -of -Way or 90% of maximum density in other areas. D. Compaction Methods: The above specified compaction shall be accomplished using accepted standard methods (powered tampers, vibrators, etc.), with exception that the first two feet of backfilling over the pipe shall be compacted by hand - operated tamping devices. Flooding or puddling with water to consolidate backfill is not acceptable, except where sand is the only material utilized and encountered and the operation has been approved by the OWNER. Section 02223 BACKFILLING Page 4 of 7 E. Density Tests: Density tests for determination of the above specified compaction shall be made by an independent testing laboratory and certified by a Florida Registered, Professional ENGINEER at the expense of the Developer or CONTRACTOR. Test locations will be determined by the OWNER but in any case, shall be spaced not more than 100 feet apart where the trench cut is continuous_ If any test results are unsatisfactory, the CONTRACTOR shall re- excavate and re- compact the backftll at his expense until the desired compaction is obtained. Additional compaction tests shall be made to each site of an unsatisfactory test, as directed, to determine the extent of re- excavation and re- compaction if necessary- Copies of all density test results shall be furnished on a regular basis by the testing laboratory /engineer, to the Engineer and County. Failure to furnish these results will result in the project not being recommended for acceptance by Collier County. F. Dropping of Material on Work: Do trench backfrlling work in such a way as to prevent dropping material directly on top of any conduit or pipe through any great vertical distance. Do not allow backfilling material from a bucket to fall directly on a structure or pipe and, in all cases, lower the bucket so that the shock of falling earth will not cause damage. G. Distribution of Large Materials: Break lumps up and distribute any stones, pieces of crushed rock or lumps which cannot be readily broken up, throughout the mass so that all interstices are solidly filled with fine material. 3.3 STRUCTURE BACKFILL A. Use of Select Fill: Use select fill underneath all structures, and adjacent to structures where pipes, connections, electrical ducts and structural foundations are to be located within this fill. Use select fill beneath all pavements, walkways, and railroad tracks, and extend to the bottom of pavement base course or ballast. 1. Place backftll in uniform layers not greater than 8 inches in loose thickness and thoroughly compact in place with suitable approved mechanical or pneumatic equipment 2. Compact backfll to not less than 95 percent of the maximum dry density as determined by ASTM D 1557. B. Use of Common Fill: Use common granular fill adjacent to structures in all areas not specified above, unless otherwise shown or specified. Select fill may be used in place of common granular fill at no additional cost. Section 02223 BACKFILLING Page 5 of 7 Place backfill in uniform layers not greater than 8 inches in loose thickness and thoroughly compact in place with suitable equipment, as specified above. 2. Compact backfill to not less than 90 percent of the maximum dry density as determined by ASTM D 1557. 3.4 COMPACTION EQUIPMENT A. Equipment and Methods: Carry out all compaction with suitable approved equipment and methods. Compact clay and other cohesive material with sheep's -foot rollers or similar equipment where practicable. Use hand held pneumatic tampers elsewhere for compaction of cohesive fill material. 2. Compact low cohesive soils with pneumatic -tire rollers or large vibratory equipment where practicable. Use small vibratory equipment elsewhere for compaction of cohesionless fill material. 3. Do not use heavy compaction equipment over pipelines or other structures, unless the depth of fill is sufficient to adequately distribute the load. 3.5 FINISH GRADING A. Final Contours: Perform finish grading in accordance with the completed contour elevations and grades shown and blend into conformation with remaining natural ground surfaces. 1. Leave all finished grading surfaces smooth and firm to drain. 2. Bring finish grades to elevations within plus or minus 0.10 foot of elevations or contours shown. B. Surface Drainage: Perform grading outside of building or structure lines in a manner to prevent accumulation of water within the area. Where necessary or where shown, extend finish grading to ensure that water will be carried to drainage ditches and the site area left smooth and free from depressions holding water. Section 02223 BACKFILUNG Page 6 of 7 16D 1-26 3.6 RESPONSIBILITY FOR AFTERSETTLEMENT A. Aftersettlement Responsibility: Take responsibility for correcting any depression which may develop in backtilled areas from settlement within one year after the work is fully completed. Provide as needed, backfill material, pavement base replacement, permanent pavement, sidewalk, curb and driveway repair or replacement, and lawn replacement, and perform the necessary reconditioning and restoration work to bring such depressed areas to proper grade as approved. 3.7 INSPECTION AND TESTING OF BACKFILLING A. Sampling and Testing: Provide sampling, testing and laboratory methods in accordance with the appropriate ASTM Standard Specification. Subject all backfill to these tests. B. Compaction density tests shall be made at all such backfill areas with spacing not to exceed 100 feet apart and on each 6 -inch compacted layer. C. Correction of Work: correct any areas of unsatisfactory compaction by removal and replacement, or by scarifying, aerating or sprinkling as needed and recompaction in place prior to placement of a new lift. END OF SECTION Section 02223 BACKFILLING Page 7 of 7 SECTION 02400 16026 LAWN RESTORATION PART1 GENERAL 1.1 DESCRIPTION OF REQUIREMENTS A. The work in this section consists of furnishing all labor, material and equipment to replace and maintain all areas disturbed during construction by establishing a stand of grass, within the areas called for by the furnishing and placing grass sod, or seeding, or seeding and mulching. 1.2 REFERENCE DOCUMENTS A. The materials used in this work shall conform to the requirements of Florida Department of Transportation Standard Specifications for Road and Bridge Construction as follows: 1. Sod — Section 981 -2 2. Fertilizer — Section 982 3. Water — Section 983 PART PRODUCTS 2.1 SODDING A. Types: Sod may be of either St. Augustine or Argentine Bahia grass or as that disturbed, as established prior to construction. It shall be well matted with roots. When replacing sod in areas that are already sodded, the sod shall be the same type as the existing sod. B. Sod shall be provided as required in accordance with Florida Department of Transportation Specifications 575 and 981. The CONTRACTOR shall furnish sod equal to and similar in type as that disturbed. Placement and watering requirements shall be in accordance with FDOT Specifications Section 575. C. The sod shall be taken up in commercial -size rectangles, preferably 12- inch by 24 -inch or larger, except where 6 -inch strip sodding is called for. D. The sod shall be sufficiently thick to secure a dense stand of live grass. The sod shall be live, fresh and uninjured at the time of planting. It shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. It shall be reasonably free of weeds and Section 02400 LAWN RESTORATION Page l of 5 «1 other grasses. It shall be planted as soon as possible after being dug and shall be shaded and kept moist from the time it is dug until it is planted. E. Sod should be handled in a manner to prevent breaking or other damage. Sod shall not be handled by pitch forks or by dumping from trucks or other vehicles. Care shall be taken at all times to retain the native soil on the roots of each sod roll during stripping and handling. Sod that has been damaged by handling during delivery, storage or installation will be rej ected. 2.2 FERTILIZER A. Chemical fertilizer shall be supplied in suitable bags with the net weight certification of the shipment. Fertilizer shall be 12 -8 -8 and comply with Section 982 of the FDOT Standard Specification for Road and Bridge Construction. B. The numerical designations for fertilizer indicate the minimum percentages (respectively) of (1) total nitrogen, (2) available phosphoric acid and (3) water soluble potash, contained in the fertilizer. C. The chemical designation of the fertilizer shall be 12 -8 -8, with at least 50 percent of the nitrogen from a nonwater - soluble organic source. The nitrogen source may be a unreafonnaldehyde source provided it is not derived from a waste product of the plastic industry. 2.3 EQUIPMENT A. The device for spreading fertilizer shall be capable of uniformly distributing the material at the specified rate. 2.4 NETTING A. Netting is fabricated of material similar to Geoscope Landscape Fabric or approved equal. 2.5 GRASSING A. The CONTRACTOR shall grass all unpaved areas disturbed during construction which do not require sod. All grassing shall be completed in conformance with FDOT Specifications Sections 570 and 981. The grassed areas shall be mulched and fertilized in accordance with FDOT specifications. B. Grass seed shall be Argentine Bahia, 60 # /acre March 1 to November 1, 50 # /acre with 20 #/acre of rye grass seed November 1 to March 1. Section 02400 LAWN RESTORATION Page 2 of 5 f f Argentine Bahia seed shall be a scarified seed having a minimum active germination of 40% and total of 85%. C. Mulch material shall be free of weeds and shall be oat straw or rye, Pangola, peanut, Coastal Bermuda, or Bahia grass hay. 2.6 TOPSOIL A. Topsoil stockpiled during excavation may be used. If additional topsoil is required to replace topsoil removed during construction, it shall be obtained off site at no additional cost to the OWNER. Topsoil shall be fertile, natural surface soil, capable of producing all trees, plants, and grassing specified herein. 2.7 MULCH A. Mulch shall be fresh cypress mulch. Rate of application specified herein shall correspond to depth not less than ] -inch or more than 3- inches according to texture and moisture content of mulch material. 2.8 WATER A. It is the CONTRACTOR's responsibility to supply all water to the site, as required during seeding and sodding operations and through the maintenance period until the work is accepted. The CONTRACTOR shall make whatever arrangements may be necessary to ensure an adequate supply of water to meet the needs for his work. He shall also furnish all necessary hose, equipment, attachments, and accessories for the adequate irrigation of lawns and planted areas as may be required. Water shall be suitable for irrigation and free from ingredients harmful to plant life. PART 3 EXECUTION 3.1 SOD BED PREPARATION A. Areas to be sodded and /or seeded shall be cleared of all rough grass, weeds and debris, and brought to an even grade. B. The soil shall then be thoroughly tilled to a minimum 8 -inch depth. C. The areas shall then be brought to proper grade, free of sticks, stones or other foreign matter over 1 -inch in diameter or dimension. The surface shall conform to finish grade, less the thickness of sod, free of water - retaining depressions, the soil friable and of uniformly firm texture. Section 02400 LAWN RESTORATION Page 3 of 5 16D 3.2 INSPECTION A. Verify that soil preparation and related preceding work has been completed_ B. Do not start work until conditions are satisfactory. 3.3 SOD HANDLING AND INSTALLATION A. During delivery, prior to planting, and during the plating of sod areas, the sod panels shall at all times be protected from excessive drying and unnecessary exposure of the roots to the sun. All sod shall be stacked during construction and planting so as not to be damaged by sweating or excessive heat and moisture. B. After completion of soil conditioning as specified above, sod panels shall be laid tightly together so as to make a solid sodded lawn area. On mounds and other slopes, the long dimension of the sod shall be laid perpendicular to the slope. Immediately following sod laying the lawn areas shall be rolled with a lawn roller customarily used for such purposes, and then thoroughly watered. C. Sod shall be placed at all areas where sod existed prior to construction, on slopes of 3 horizontal on 1 vertical (3:1) or greater, in areas where erosion of soils will occur, and as directed by the ENGINEER. On areas where the sod may slide, due to height and slope, the ENGINEER may direct that the sod be pegged, with pegs driven through the sod blocks into firm earth, at suitable intervals. 3.4 SOD MAINTENANCE A. The sod shall produce a dense, well established growth. The CONTRACTOR shall be responsible for the repair and re- sodding of all eroded or bare spots until project acceptance. Repair to sodding shall be accomplished as in the original work. B. Sufficient watering shall be done by the CONTRACTOR to maintain adequate moisture for optimum development of the seeded and sodded areas. Sodded areas shall receive no less than 1.5 inches of water per week for at least 2 weeks. Thereafter, the CONTRACTOR shall apply water for a minimum of 60 days as needed until the sod takes root and starts to grow or until final acceptance, whichever is latest. Section 02400 LAWN RESTORATION Page 4 of 5 3.5 CLEANING A. Remove debris and excess materials from the project site. END OF SECTION 1602- Section 02400 LAWN RESTORATION Page 5 of 5 SECTION 02523 SIDEWALKS, DRIVEWAYS AND CURBS PARTI GENERAL 1.1 SUMMARY 1.2 1.3 1.4 16D26n A. Section Includes: Sidewalks, sidewalk ramps, driveways, curbs and drive approaches complete with concrete materials, concrete curing compounds, joint materials, field quality control and appurtenances. REFERENCES A. Reference Standards: Conform the work for this Section to the applicable portions of the following standard Specifications: 1. ASTM American Society of Testing and Materials 2. AASHTO American Association of State Highway and Transportation Officials 3. FDOT Florida Department of Transportation — Standard Specifications for Road and Bridge Construction 4. FAC Florida Accessibility Code 5. ADAAG American with Disabilities Act Accessibility Guidelines 6. UFAS Uniform Federal Accessibility Standards SUBMITTALS A. Test Reports 1. Thickness and Compressive Strength: Provide the ENGINEER with two (2) certified copies of the test results. Perform the tests by a laboratory approved by the ENGINEER. JOB CONDITIONS A. Protection: Protection Against Rain: Comply with the requirements for protecting new work against damage from Rain, as specified under Article 3.3.6 of this Section. Section 02523 SIDEWALKS, DRIVEWAYS AND CURBS Page 1 of 7 1 6 Des PART2 PRODUCTS 2.1 MATERIALS A. Concrete: Use 4000 psi concrete except as modified herein. B. Ready -Mixed Concrete: Use ready -mixed concrete which conforms to ASTM C94, Alternate 2. C. Water: Use water for mixing and curing concrete reasonably clean and free from oil, salt, acid, alkali, chlorides, sugar, vegetable, or other substances injurious to the finished product. Water from sources approved by the local Health department as potable may be used without test. Test water requiring testing in accordance with the current Method of Test for Quality of Water to Used in Concrete, AASHTO T -26. D. Concrete Curing Compounds: Use white membrane curing compound for curing concrete which conforms to AASHTO M148, Type 1 clear, or Type 2 while per FDOT Section 925. E. Premolded Joint Filler: Use fiber joint filler which conforms to ASTM D1751. Use filler of the thickness, as specified herein, or as directed by the ENGINEER. F. Steel Hook Bolts: Use hook bolts which conform to ASTM A706, or for Grade 60 of ASTM A615, or A617. Use 5/8 -inch diameter hook bolts self tapping. G. Joint Sealant: Use hot - poured type joint sealant which conforms to ASTM D1190. PART 3 EXECUTION 3.1 CONTRACTOR'S VERIFICATION A. Excavation and Forming: Prior to the installation of any concrete, examine the excavation and forms for the proper grades, lines, and levels required to receive the new work. Ascertain that all excavation and compacted subgrades are adequate to receive the concrete to be installed. 1. Correct all defects and deficiencies before proceeding with the work. B. Existing improvements: Investigate and verify location of existing improvements to which the new work is to be connected. Section 02523 SIDEWALKS, DRIVEWAYS AND CURBS Page 2 of 7 16'U2, 6 1. Making necessary adjustment in line and grade to align the new work with the existing improvements must be approved by the ENGINEER prior to any change. 3.2 PREPARATION A. Forms: Use wood or metal forms, straight and free from warp, clean, and sufficient strength to resist springing during the process of depositing concrete against them. 1. Use full depth of the concrete forms. 3.3 INSTALLATION A. Sidewalks, Sidewalk Ramps, Driveways and Driveway Approaches: Construct all sidewalks and sidewalk ramps six (6) inches thick. B. Placement of Forms: Use forms, straight and free from warp, of nominal depth for sidewalk sections less than 25 feet in length. 1. Stake forms to line and grade in a manner that will prevent deflection and settlement 2. When unit slab areas are to be poured, place slab division forms such that the slab division joints will be straight and continuous. 3. Set forms for sidewalk ramps to provide a grade toward the centerline of the right -of -way in accordance with current standards. Use a uniform grade, except as may be necessary to eliminate short grade changes. 4. Oil forms before placing concrete. Leave forms in place at least 12 hours after the concrete is placed. Place forms ahead of the pouring operations to maintain uninterrupted placement of concrete. 5. The use of slip form pavers can be allowed when approved by the ENGINEER in lieu of the construction system described above. C. JOINTS: Construct traverse and longitudinal expansion and plane -of- weakness joints at the locations specified herein, or as indicated on the Plans or as directed by the ENGINEER. Place the transverse expansion joints for the full width and depth of the new work. Use transverse expansion joints placed against Section 02523 SIDEWALKS, DRIVEWAYS AND CURBS Page 3 of 7 16D2 an existing pavement a minimum of six (6) inches deep but no less than the thickness of the concrete being placed. 2. Conform longitudinal expansion joints to the requirements as transverse expansion joints. 3. Construct joints true to line with their faces perpendicular to the surface of the sidewalk. Install the top slightly below the finished surface of the sidewalk. Construct transverse joints at right angles to the centerline of the sidewalk and construct longitudinal joints parallel to the centerline or as directed by the ENGINEER. 4. Place transverse expansion joints, % -inch thick, through the sidewalk at uniform intervals of not more than 50 feet and elsewhere as shown on the Plans, or as directed by the ENGINEER. 5. Place expansion joints, '/2 -inch thick, between the sidewalk and back of abutting parallel curb, buildings or other rigid structures, concrete driveways and driveway approaches. When directed by the ENGINEER, place the expansion joint between sidewalks and buildings 1 -foot from the property line and parallel to it. 6. Form plane -of- weakness joints every five (5) feet. Form joints by use of slab division forms extending to the full depth of the concrete or by cutting joints in the concrete, after floating, to a depth equal to '/4 the thickness on the sidewalk. Construct cut joints not less than 1/8 -inch or more than Y4 -inch in width and finish smooth and at right angles to the centerline on the sidewalk. D. Placing and Finishing Concrete: Place all concrete on a prepared unfrozen, smooth, level, rolled and properly compacted base. Place concrete on a moist surface with no visible water present. 1. Deposit the concrete, in a single layer to the depth specified. Spade or vibrate and compact the concrete to fill in all voids along the forms and joints. Strike off the concrete with a strike board until all voids are removed and the surface has the required grade and cross section as indicated on the Plans, or as directed by the ENGINEER. 2. Float the surface of the concrete just enough to produce a smooth surface free from irregularities. Round all edges and joints with an edger having a V4-inch radius. Section 02523 SIDEWALKS, DRIVEWAYS AND CURBS Page 4 of 7 16 026 3. Broom the surface of sidewalks, driveways and approaches to slightly roughen the surface. 4. Texture the surface of the sidewalk ramps with a coarse broom transversely to the ramp slope, and coarser roughen than the remainder of the sidewalk. Contract the ramp slope in color (using a brick -red dye or approved equal) from the remainder of the sidewalk. Comply with minimum color contract and slope requirements from FAC, UFAS, ADAAG, Local Government Standards, or as directed by the ENGINEER. E. Barricades: Place suitable barricades and lights around all newly poured sidewalks, sidewalk ramps, driveways, driveway approaches and curb and gutter sections in order to protect the new work from damage from pedestrians, vehicles and others until the concrete has hardened. 1. Leave barricades in place for a minimum of two (2) days, except for driveway approaches and curb and gutter sections. Leave barricades in place for a minimum of three (3) days. 2. Remove and replace any concrete that suffers surface or structural damage at no additional cost. F. Protection: Against Rain: Protect new concrete from the effects of rain before the concrete has sufficiently hardened. Have available on the job site at all times enough burlap or 6 -mil thick polyurethane film to cover and protect one day's work. Stop work and cover completed work when rain appears eminent. As soon as the rain ceases. uncover the concrete and burlap drag the surface where necessary. Apply curing compound to any areas where the compound has been disturbed or washed away. G. Cleanup: After the concrete has gained sufficient strength, but no sooner than within 12 hours, remove the fixed forms and backfill the spaces on both sides with sound earth of topsoil quality. Compact, level and leave backfill in a neat condition. H. Gutters and Curbs: Construct gutters and curbs in accordance with Section 520 MOT Standard Specifications for Road and Bridge Construction, latest edition, including supplements. Section 02523 SIDEWALKS, DRIVEWAYS AND CURBS Page 5 of 7 3.4 FIELD QUALITY CONTROL A. Concrete Delivery Ticket: Use a ticket system for recording the transportation of concrete from the hatching plant to point of delivery. Issue this ticket to the truck operator at the point of loading and give to the ENGINEER upon delivery. B. Concrete Delivery Rejection: Remove concrete not permitted for inclusion in the work by the ENGINEER from the site. Rejection of concrete will be determined through Field Quality control and elapsed time from mixer charging to delivery. C. Concrete Testing at Placement: Perform tests of each batch of concrete delivered, each 50 cubic yards, or whenever consistency appears to vary. The sampling and testing of slump, air content and strength will be performed at no cost to the COUNTY. 1. Sampling: Secure composite samples in accordance with the method of Sampling Fresh Concrete, ASTM C172. 2. Slump Test: Test in accordance with ASTM C143. Use the least slump possible consistent with workability for proper lacing of the various classifications of concrete. a. Place structural concrete for walls and slabs, by means of vibratory equipment, with a slump of four (4) inches. b. A tolerance of up to 1 -inch above the indicated maximum will be allowed for individual batches provided the average for all batches or the most recent ten (10) batches tested, whichever is fewer, does not exceed the maximum limit. 3. Air Content: Determine air content of normal weight concrete in accordance with Method of Test for Air content of Freshly Mixed concrete by the Pressure method, ASTM C23 1, or by the volumetric method, ASTM C 173, for each strength test. 4. Compressive Strength: Make two (2) strength tests of three (3) samples each for each 50 cubic yards, or fraction thereof, of each mix design of concrete placed in any one (1) day. a. Handling Samples: Mold and cure three (3) specimens from each sample in accordance with Method of Making and Curing Concrete Test Specimens in the Field, ASTM Section 02523 SIDEWALKS, DRIVEWAYS AND CURBS Page 6 of 7 16 D 26 C31. Record any deviations from the requirements of this Standard in the test report. b. Testing: Test specimens in accordance with Method of "Test for Compressive Strength of Cylindrical Concrete Specimens, ASTM C39. Test one (1) specimen at seven (7) days for information and test two (2) at 28 days for acceptance. Use the average of the strengths of the two (2) specimens tested at 28 days. Discard results if one (1) specimen in a test manifests evidence of improper sampling, molding or testing, and use the strength of the remaining cylinder. Should both specimens in test shown any of the above defects, discard the entire test. END OF SECTION Section 02523 SIDEWALKS, DRIVEWAYS AND CURBS Page 7 of 7 SECTION 02575 16026 PAVEMENT REPAIR AND RESTORATION PART1 GENERAL 1.1 SCOPE OF WORK A. Furnish all labor, materials, equipment, and incidentals required and remove and replace pavements as shown on the drawings and /or specified herein. 1.2 GENERAL A. All damage, as a result of work under this project, done to existing pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, utility and including all obstructions not specifically named herein, shall be repaired in a manner satisfactory to the ENGINEER. Bid prices shall include the furnishing of all labor, materials, equipment, and incidentals necessary for the cutting, repair, and restoration of the damaged areas unless pay items for specific types of repair are included in the Bid Form. B. Keep the surface of the backfilled area of excavation in a safe condition and level with the remaining pavement until the pavement is restored in the manner specified herein. All surface irregularities that are dangerous or obstructive to traffic are to be removed. The repair shall conform to applicable OWNER or State requirements for pavement repair and as described herein. C. All materials and workmanship shall be first class and nothing herein shall be construed as to relieve the CONTRACTOR from this responsibility. The OWNER reserves the right to require soil bearing or loading tests or materials tests, should the adequacy of the foundation or the quality of materials used be questionable. Costs of these tests shall be borne by the OWNER, if found acceptable; the costs of all failed tests shall be borne by the CONTRACTOR. D. All street and road repair shall be made in accordance with the details indicated on the drawings and in accordance with the applicable requirements of these Specifications and meeting the permit requirements and approval of the governing Department of Transportation agencies. E. Pavement or roadway surfaces cut or damaged shall be replaced by the CONTRACTOR in equal or better condition than the original, including stabilization, base course, surface course, curb and gutter or other Section 02575 PAVEMENT REPAIR AND RESTORATION Pagel of4 appurtenances. The CONTRACTOR shall obtain the necessary permits 1 6 V26 prior to any roadway work. 1.3 QUALITY ASSURANCE A. Applicable provisions of the latest version of the Florida Department of Transportation "Standard Specifications for Road and Bridge Construction ", and Supplemental Specifications hereunder govern the work under this Section. The Florida Department of Transportation will hereafter be referred to as FDOT. PART2 PRODUCTS 2.1 MATERIALS A. All materials utilized in flexible base pavement and base course shall be as specified in the latest version of the Florida Department of Transportation "Standard Specifications for Road and Bridge Construction ". PART 3 EXECUTION 3.1 CUTTING PAVEMENT A. Cut and remove pavement as necessary for installing the new curbing, new pavement areas, etc. B. Before removing pavement, the pavement shall be marked for cuts. Asphalt pavement shall be cut along the markings with a jackhammer, rotary saw, or other suitable tool, leaving a uniform and straight edge with minimum disturbance to the remaining adjacent surface. C. No pavement shall be machine pulled until completely broken and separated along the marked cuts. 3.2 GENERAL RESTORATION A. The restoration of existing street paving, driveways, etc., shall be restored, replaced or rebuilt using the same type of construction as was in the original. Be responsible for restoring all such work, including sub -grade and base courses where present. Obtain and pay for such local or other governmental permits as may be necessary for the opening of streets. Meet any requirement other than those herein set forth which may affect the type, quality and manner of carrying on the restoration of surfaces by reason of jurisdiction of such governmental bodies. Section 02575 PAVEMENT REPAIR AND RESTORATION Page 2 of 16026 B. In all cases, maintain, without additional compensation, all permanent replacement of street paving, done by him under this Contract until accepted by the OWNER, including the removal and replacement of such work wherever surface depressions or underlying cavities result from settlement of trench backfill. C. Complete all the final resurfacing or re- paving of streets or roads, over the excavations and relay paving surfaces of roadbed that have failed or been damaged prior to acceptance by the OWNER. Backfilling of trenches and the preparation of sub- grades shall conform to the requirements of Section 02223. D. All re- paving or resurfacing shall be done in accordance with Florida Department of Transportation Specifications, to which the following requirement of trench backfill will be added: Where pipeline construction crossed paved areas such as streets, the top 24 inches of trench below the road base or concrete slabs shall be backfilled with compacted A -4 or better matter that will provide a bearing value of not les than 75 when tested by the Florida Department of Transportation Soil Bearing Test Methods. 3.3 PRIME AND TACK COATS A. The work shall consist of the application of bituminous prime and tack coats on the previously prepared base course in accordance with Section 300 of the FDOT Specifications. 3.4 WEARING COURSE A. The work shall consist of the construction of plant -mixed hot bituminous pavement to the thickness indicated in the drawings conforming to Type III asphaltic concrete in accordance with Section 333 of the FDOT Specifications. The requirements for plant and equipment are specified in Section 320 and the general construction requirements for asphaltic concrete pavement are contained in Section 330 of the FDOT specifications. 3.5 TESTING A. All field testing shall be performed by an independent laboratory employed by the OWNER. All materials shall be tested and certified by the producer. Tests repeated because sub -grade or base does not meet specified compaction shall be at the CONTRACTOR's expense. Section 02575 PAVEMENT REPAIR AND RESTORATION Page 3 of 4 3.6 3.7 MISCELLANEOUS RESTORATION I D:2 A. Sidewalks curt or damaged by construction shall be restored in full sections or blocks to a minimum thickness of four inches. Concrete curb or curb gutter shall be restored to the existing height and cross section in full sections or lengths between joints. Concrete shall be as specified on the drawings. Grassed yards, shoulders and parkways shall be restored to match the existing sections with grass seed or sod of a type matching the existing grass. CLEANUP A. After all repair and restoration or paving has been completed, all excess asphalt, dirt, and other debris shall be removed from the roadways. All existing storm sewers and inlets shall be checked and cleaned of any construction debris. END OF SECTION Section 02575 PAVEMENT REPAIR AND RESTORATION Page 4 of 4 SECTION 02999 S 12- MISCELLANEOUS WORK AND CLEANUP PART1 GENERAL 1.1 SCOPE OF WORK A. This Section includes operations which cannot be specified in detail as separate items but can be sufficiently described as to the kind and extent of work involved. Furnish all labor, materials, equipment and incidentals to complete the work under this Section. B. The work of this Section includes, but is not limited to, the following: 1. Restoring of sidewalks, driveways, curbing and gutters. 2. Crossing utilities. 3. Relocation of existing water lines, low pressure, gas lines, telephone lines, electric lines, cable TV lines and storm drains as necessary, all as shown on the drawings. 4. Restoring easements and rights -of -way. 5. Cleaning up. 6. Incidental work. 1.2 WORK SPECIFIED UNDER OTHER SECTIONS A. All work shall be completed in a workmanlike manner by competent workmen in full compliance with all applicable sections of these Specifications. PART2 PRODUCTS 2.1 MATERIALS A. Materials required for this Section shall be of at least the same type and quality as materials that are to be restored. Where possible, reuse existing materials that are removed and then replaced, with the exception of paving. PART 3 EXECUTION 3.1 RESTORING OF CURBING, FENCES AND GUARD RAILS A. Existing curbing shall be protected. If necessary, curbing shall be removed from joint to joint and replaced after backfilling. Curbing which Section 02999 MISCELLANEOUS WORK AND CLEANUP Pagel of 3 16 B 26 is damaged during construction shall be replaced with curing of equal quality and dimension. 3.2 CROSSING UTILITIES A. This item shall include any extra work required in crossing culverts, water courses, drains, water mains and other utilities, including all sheeting and bracing, extra excavation and backfill, or any other work required for the crossing, whether or not shown on the drawings. 3.3 RELOCATIONS OF EXISTING GAS LINES, TELEPHONE LINES, ELECTRIC LINES AND CABLE TV LINES A. Notify the property authority of the utility involved when relocation of these lines is required. Coordinate all work by the utility so that the progress of construction will not be hampered. 3.4 PROTECTION AND RESTORATION OF PROPERTY A. Protection and Restoration of Propert y: During the course of construction, take special care and provide adequate protection in order to minimize damage to vegetation, surfaced areas, and structures within the construction right -of -way, easement or site, and take full responsibility for the replacement or repair thereof. Immediately repair any damage to private property created by encroachment thereon. Should the removal or trimming of valuable trees, shrubs, or grass be required to facilitate the installation within the designated construction area, this work shall be done in cooperation with the county and /or local communities which the work takes place. Said valuable vegetation, removed or damaged, shall be replanted, if possible, or replaced by items of equal quality, and maintained until growth is re- established. Top soil damaged in the course of work shall be replaced in kind with suitable material, graded to match existing grade. Following construction completion, the work area along the route of the installation shall be finish grade to elevations compatible with the adjacent surface, with grassing or hand raking required within developed areas. B. Existing lawn surfaces damaged by construction shall be re- graded and re- sodded or re- seeded. These areas shall be maintained until all work under this Contract has been completed and accepted. 3.5 CLEANING UP A. Remove all construction material, excess excavation, buildings, equipment and other debris remaining on the job as a result of construction operations an shall render the site of the work in a neat and orderly condition. Section 02999 MISCELLANEOUS WORK AND CLEANUP Page 2 of 3 B. Work site clean -up shall follow construction operations without delay. 3.6 INCIDENTAL WORK A. Do all incidental work not otherwise specified, but obviously necessary for the proper completion of the Contract as specified and as shown on the drawings. END OF SECTION Section 02999 MISCELLANEOUS WORK AND CLEANUP Page 3 of 3 SECTION 03100 CONCRETE FORMWORK PART] GENERAL 1.1 SUMMARY 16D26 A. Section Includes: Provide concrete formwork for architectural concrete and structural concrete as specified to form concrete to profiles shown. 1. Architectural concrete is defined as concrete for the following exposed reinforced concrete surfaces: a. Interior walls b. Exterior walls to 6 inches below finish grade C. Interior tank walls to 6 inches below normal operating water level d. Beams e. Columns f Undersides of floor slabs, roof slabs and stairs B. Related Work Specified in Other Sections Includes: 1. Section 03200 — Concrete Reinforcement 2. Section 03250 — Concrete Accessories 3. Section 03310 — Cast -In -Place Concrete 1.2 REFERENCES A. Codes and standards referred to in this Section are: 1. ACI 318 — Building Code Requirements for Reinforced Concrete 2. ACI SP -4 — Formwork for Concrete 3. ACI 303R — Guide to Cast -in -Place Architectural Concrete 4. FDOT — Standard Specification for Road and Bridge Construction 1.3 SUBMITTALS A. Provide all submittals, including the following, as specified. CONTRACTORS Shop Drawings: Proposed form layout drawings and tie pattern layout drawings for Concrete. Review of these drawings does not relieve the CONTRACTOR of responsibility for adequately designing and constructing forms. Section 03100 CONCRETE FORMWORK Page 1 of 7 16D26 2. Samples: Pieces of each type of sheeting, chamfer strips, form ties, form liners and rustication strips. 1.4 QUALITY ASSURANCE A. Formwork Compliance: Use formwork complying with ACI SP -4, ACI 347 and ACI 303R. B. Mock -Up Erection: Erect, on the site where directed, a full size mock -up of a cast -in -place wall or panel a minimum of 10 feet by 10 feet by 12 inches thick as shown. Conform mock -up to requirements of ACI 303R. 1. Reinforce the panel as shown. Use form ties the same as those approved and with the form tie pattern similar to that approved. Use one face of the panel for smooth architectural concrete including "reveal" rustication with form joints, and the opposite face for form liner concrete. 2. Plug the tie holes as specified to determine the correct mortar mixture to match the panel color. If required, remove and replace tie hole plugging mortar until an acceptable color match is obtained. After the sample panels have been approved, intentionally damage and patch portions of the finish surface of the panels for the purpose of determining the correct mixture for patching mortar and patching technique to match the original panel color and surface. 3. Leave the approved mock -up on the job during construction as the standard of workmanship for the project. Remove mock -up from the premises after completion of the work. PART2 PRODUCTS 2.1 MANUFACTURER A. Acceptable manufacturers are listed below. Other manufacturers of equivalent products may be submitted. 1. Release Agent Magic Kote VOC by Symons Corporation 2. Form coating A. C. Horn Corporation, Brooklyn, NY Section 03100 CONCRETE FORMWORK Page 2 of 7 2.2 FA [a +6 v L <i 16 D2 3. Form liners Dura -Tex by Symons Corporation, Des Plains, IL 4. Rustications Symons Corporation, Des Plaines, IL MATERIALS Structural Concrete: Provide structural concrete form materials as follows: 1. Obtain approval for form material before construction of the forms. 2. Use a barrier type form release agent. 3. Use form ties, hangers, and clamps of such type that, after removal of the forms, no metal will be closer than one inch from concrete surface. Wire ties will not be permitted. 4. Provide ties with swaged washers or other suitable devices to prevent seepage of moisture along the ties. Leave the ties in place. 5. Use lugs, cones, washers, or other devices which do not leave holes or depressions greater than 7/8 -inch in diameter. Architectural Concrete: Provide architectural concrete form materials as follows: 1. Construct forms using 1/4-inch thick, High Density Overlay (HDO) Plyform, Class 1 or 2, meeting the requirements of the American Plywood Association. Use surfacing materials having a minimum weight of 60 -60. 2. Use form coating, and use thinner as recommended by manufacturer of the form coating, to coat cut or raw edges. 3. Use she -bolts with water seals for form ties. 4. Use form liners having one inch deep relief, elastomeric Dura -Tex in a fractured rib pattern to match existing. Famish form liners in full height with no horizontal joints, except where shown. Use wood for forms to be used with form liners. 5. Use elastomeric vertical "V- groove" rustications in the concrete bands and the horizontal rustication joints shown in the form liner concrete of the profile shown. Section 03100 CONCRETE FORMWORK Page 3 of 7 1662 6. Use a barrier type VOC compliant form release agent. PART 3 EXECUTION 3.1 DESIGN A. Design Responsibility: Be responsible for the design, engineering and construction of the architectural concrete formwork and the structural concrete formwork. Conform the work to the recommendations of ACI SP -4 and ACI 303R. B. Setting Time and Slag Use: The presence of fly ash or ground granulated blast furnace slag in the concrete mix for architectural concrete and structural concrete will delay the setting time. Take this into consideration in the design and removal of the forms. C. Responsibility During Placement: Assume and take sole responsibility for adequate design of all form elements for support of the wet concrete mixtures specified and delivered. D. Consistency: Design forms to produce concrete members identical in shape, lines and dimensions to members shown. 3.2 CONSTRUCTION DETAILS FOR FORMWORK A. Structural Concrete Details: Follow the following details for all structural concrete: 1. Provide forms which are substantial, properly braced and tied together to maintain position and shape and to resist all pressures to which they may be subjected. Make forms sufficiently tight to prevent leakage of concrete. 2. Determine the size and spacing of studs and wales by the nature of the work and the height to which concrete is placed. Make forms adequate to produce true, smooth surfaces with not ore than 1/8- inch variation in either direction from a geometrical plane. Provide horizontal joints which are level, and vertical joints which are plumb. 3. Supply forms for repeated use in sufficient number to ensure the required rate of progress. 4. Thoroughly clean all forms before reuse and inspect forms immediately before concrete is placed. Remove deformed, broken, or defective forms from the work. Section 03100 CONCRETE FORMWORK Page 4 of 7 16D26 5. Provide temporary openings informs at convenient locations to facilitate cleaning and inspection. 6. Coat the entire inside surfaces of forms with a suitable form release agent just prior to placing concrete. Form release agent is not permitted on the reinforcing steel. 7. Assume and take responsibility for the adequacy of al forms and remedying any defects resulting from their use. B. Architectural Concrete Details: Follow the following details for all Architectural Concrete: Conform all construction details for formwork to "Construction Details for Formwork," subsections Al, A2, A3, A4, A6 and A7 and the requirements of this section. 2. Thoroughly clean and lightly recoat HDO plywood panels before each additional use. Do not use forms more than three times. 3. Install form liners and rustication strips in strict accordance with the manufacturer's written instructions and recommendations. Clog the ends of the form liner pattern and tape all form joints and edges using 1/8-inch thick by 3/4 -inch wide foam tape centered on the joints, then caulk in accordance with the manufacturer's recommendations each tie forms are set. Have a representative of the manufacturer present at the site to supervise the installation of the form liner for the entire project. 4. Install forms for smooth concrete in such a manner that there will be no horizontal form joints, and align the forms so that vertical joints occur only at "V- Groove" rustications. Space form ties in a uniform pattern vertically and horizontally. Position form ties in smooth concrete bands and in panels between "revel" rustications, if any. 5. Erect beam and girder soffits with a camber of % -inch in 20 feet and sufficiently braced, shored, and wedged to prevent deflection. Clamp column sides in accordance with this specification with metal column clamps, spaced according to the manufacturer's directions. 6. Provide external angles of walls, beams, pilasters, columns, window openings and girders with' /4 -inch bevel strips. Section 03100 CONCRETE FORMWORK Page 5 of 7 3.3 7. Give surfaces of concrete panel forms one thinned coat of form film. 8. Apply the release agent in strict accordance with the manufacturer's instructions. REMOVAL A. Structural Concrete Form Removal: Do not remove forms for structural concrete until the concrete has hardened sufficiently to support its own load safely, plus any superimposed load that might be placed thereon. Leave the forms in place for the minimum length of time indicated below or until the concrete has reached the minimum strength indicated as determined by testing, whichever time is reached first. The times indicated represent necessarily consecutive, during concrete is above 50 degrees F. reshores are installed. cumulative days or hours, not which the air surrounding the These times may be decreased if 3. Withdraw the removable portion of form ties from the concrete immediately after the forms are removed. Clean and fill holes left by such ties with grout as specified in Cast -in -Place Concrete, Subsection Structural Concrete Surfaces. Section 03100 CONCRETE FORMWORK Page 6 of 7 16026 Minimum Minimum Strength Time (psi) a. Columns 12 hrs. 1300 b. Columns 12 hrs. 1300 c. Side forms for girders and beams 12 hrs. 1300 d. Walls 12 hrs. 1300 e. Bottom forms of slabs Under 10 feet clear span 4 days 2300 10 to 20 feet clear span 7 days 2700 Over 20 feet clear span 10 days 2900 f Bottom forms of beams and girders Under 10 feet clear span 10 to 20 feet clear span 7 days 2700 Over 20 feet clear span 14 days 3000 21 days 3500 2. Increase form removal times as required if concrete temperature following placement is permitted to drop below 50 degrees F or if fly ash or ground granulated blast furnace slag is used in the concrete mix. 3. Withdraw the removable portion of form ties from the concrete immediately after the forms are removed. Clean and fill holes left by such ties with grout as specified in Cast -in -Place Concrete, Subsection Structural Concrete Surfaces. Section 03100 CONCRETE FORMWORK Page 6 of 7 16026 4. Plug tie holes flush with the surface using Portland cement mortar. Prewet tie holes with clean water and apply a neat cement slurry bond coat. Densely tamp mortar of a dry -tamp consistency into the tie holes exercising care so as not to smear mortar onto the finished concrete surface. Include sufficient white cement in the mortar mix to cause the plugged holes to blend in with the adjacent surfaces. Make sample patches with different mixes to assure that this requirement is met. B. Architectural Concrete Form Removal: Remove forms for architectural concrete in accordance with the above subsection 3.3 A, except that do not remove forms for vertical surfaces sooner than 12 hours nor longer than 36 hours after placement of concrete. 3.4 RESHORING A. Reshoring Method: Develop a system for reshoring and early removal of forms, in the event early stripping of forms becomes necessary. Include details and schedules in this system for each element which is to be reshored. B. Construction Load Support: Do not support construction loads upon any unshored portion of the structure exceeding the structural design loads. 3.5 TOLERANCES A. Tolerance Limits: Design, construct and maintain concrete form and place the concrete to provide completed concrete work within the tolerance limits set forth in ACI SP -4. 3.6 SURVEY OF FORMWORK A. Field Survey: Employ an engineer or surveyor to check by instrument survey the lines and levels of the completed formwork before concrete is placed and make whatever corrections or adjustments to the formwork are necessary to correct deviations from the specified tolerances. B. Placement Surveying Requirements: Check formwork during the placement of the concrete to verify that the forms, braces, tie rods, clamps anchor bolts, conduits, piping, and the like, have not been knocked out of the established line, level or cross section by concrete placement or equipment. END OF SECTION Section 03100 CONCRETE FORMWORK Page 7 of 7 16D26 SECTION 03200 16 CONCRETE REINFORCEMENT PART1 GENERAL 1.1 SUMMARY 1.2 A. Section Includes: Requirements for providing concrete reinforcement as shown and specified herein. Reinforcement includes all steel bars, wire and welded wire fabric as shown and specified. B. Related Work Specified in Other Sections Includes: N 1. Section 03100 — Concrete Formwork 2. Section 03310 -- Cast -In -Place Concrete REFERENCES Codes and standards referred to in this Section are: 1. ACI SP66 2. ACI 318 3. ASTM A 185 4. ASTM A 615/A615M 5. ASTM A 706/A706M 6. ASTM A 775/A775M 7. AWS DIA 8. FDOT 1.3 SUBMITTALS - ACT Detailing Manual - Latest edition "Building Code Requirements for Reinforced Concrete" - Steel Welded Wire Fabric, Plan, for Concrete Reinforcement - Deformed and Plans Billet -Steel Bars for Concrete - Low Alloy Steel Deformed Bars for Concrete Reinforcement - Epoxy Coated Reinforcing Steel Bars - Structural Welding code — Reinforcing Steel - Florida Department of Transportation Standard Specification for Road and Bridge Constriction A. Provide all submittals, including the following, as specified. 1. Product Data and Information: Submit manufacturers literature with product data, and material description of fusion bonded epoxy coating for reinforcement and reinforcement accessories, including Section 03200 CONCRETE REINFORCEMENT Page 1 of 7 16D2( manufacturer's recommendations for field touch -up of mars and cut ends when epoxy coated reinforcement is specified to be used. 2. CONTRACTORS' Shop Drawings: Submit checked Working Drawings, including bar lists, schedules, bending details, placing details and placing plans and elevations for fabrication and placing reinforcing steel conforming to "ACI Detailing Manual — 88 ". a. Do no bill wall and slab reinforcing in sections. Show complete elevations of all walls and complete plans of all slabs, except that, when more than one wall or slab are identical, only one such elevation or plan is required. These plans and elevations need not be true views of the walls or slabs shown. Bill every reinforcing bar in a slab on a plan. Bill every reinforcing bar in a wall on an elevation. Take sections to clarify the arrangement of the steel reinforcement. Identify all bars, but do not bill on such sections. b. For all reinforcing bars, unless the location of a bar is clear, give the location of such bar or bars by a dimension to some structural feature which will be readily distinguishable at the time bars are placed. C. Make the reinforcing steel placing drawings complete for placing reinforcement including the location of support bars and chairs, without reference to the design drawings. d. Submit Detailer certification that every reinforcing steel lacing drawing and bar list is completely checked and corrected before submittal for approval. e. If, after reinforcing steel placing drawings and bar lists have been submitted for approval, a review reveals that the drawings and lists obviously have not been checked and corrected they will be returned for checking and correcting by the Detailer. 3. Samples: Submit the following samples when epoxy coated reinforcement is specified to be used. a. 12 -inch long epoxy- coated steel reinforcing bar, of any size typical to this Project. b. One of each type of epoxy- coated reinforcement accessory used on this Project. Section 03200 CONCRETE REINFORCEMENT Page 2 of 7 l6D C. 12 -inch long, nylon coated tie wire. 4. Certificates: Test certificates of the chemical and physical properties covering each shipment of reinforcing steel bars. 1.4 DELIVERY, STORAGE AND HANDLING A. Deliver, store and handle all products and materials as specified as follows: Delivery Requirement: Have reinforcing steel delivered to the work in strongly tied bundles. Identify each group of both bent and straight bars with a metal tag giving the identifying number corresponding to the reinforcing still placing drawings and bar lists. 2. Storage: Properly store all bars in an orderly manner, with all bars completely off the ground. Keep bars clean after delivery to the site of the work. PART2 PRODUCTS 2.1 MANUFACTURERS A. Acceptable manufacturers are listed below. Other manufacturers of equivalent products may be submitted. Mechanical connections a. Dowel Bar Splicer /Dowel -In System and coupler Splice System of the Richmond Screw Anchor System b. Cadweld Rebar Splice by Erico Product Inc. C. Bar Grip splice by Barsplice Products Inc. 2.2 MATERIALS A. Steel Bars: Use new billet steel bars, deformed bars, meeting the requirements of ASTM A 615/A625M Grade 60 for reinforcing steel bars. Roll all reinforcing steel bars with special deformations or identifying marks indicating the ASTM Specification and Grade Section 03200 CONCRETE REINFORCEMENT Page 3 of 7 16 D, 2. Use bars free from defects, kinks and from bends that cannot be readily and fully straightened in the field. 3. Supply reinforcing bars in lengths which will allow convenient placement in the work and provide the required lap of joints as shown. Provide dowels of proper length, size and shape for tying walls, beams, floors, and the like together. B. Epoxy Coating: Conform fusion bonded epoxy coated reinforcing steel bars to ASTM A 775/A775M when used. Leave portions of the reinforcing steels bars uncoated where mechanical connections are shown. C. Welded Wire Fabric: Use welded wire fabric of the electrically welded type, with wires arranged in rectangular patterns, of the sizes shown or specified and meeting the requirements of ASTM A 185. D. Supports and Accessories: Provide bar supports and other accessories and, if necessary, additional supports to hold bars in proper position while concrete is being placed. 1. Use side form spacers against vertical or sloping forms to maintain prescribed side cover and cross position of bars. 2. Use individual hi- chairs with welded cross ties or circular hoops to support top bars in slabs thicker than 8 inches. 3. Bolsters, chairs and other accessories: a. Use hot - dipped galvanized or provide plastic coated legs when in contact with forms for surfaces of concrete other than architectural surfaces. b. Use stainless steel when in contact with forms for architecturally exposed surfaces. C. Use epoxy coated bolsters, chairs and accessories including wire ties for epoxy coated reinforcing bars. d. Use chairs of an approved type and space them properly to support and hold reinforcing bars in position in all beams and slabs including slabs place directly on the subgrade or work mat. Do not use continuous hi- chairs for supporting of top bars in slabs over 8 inches in thickness. Section 03200 CONCRETE REINFORCEMENT Page 4 of 7 E. Mechanical Connections: Provide mechanical connections that develop at least 125 percent of the specified yield strength of the bar in tension. F. Stirrups and Ties: Provide stirrups and ties as shown and specified and meeting the requirements of ASTM A 185. 2.3 FABRICATION A. Drawing Review Prior to Fabrication: Do not fabricate any material before final review and approval of shop drawings. B. Bending and Cutting: Cut bars to required length and bend accurately before placing. Bend bars in the shop unless written approval for field bending is obtained. If field bending is permitted, do it only when the air temperature, where the bending operation is preformed, is above 30 degrees F. Do not field bend bars which have been partially embedded in concrete. C. Splices: Use lapped splices for tension and compression splices unless otherwise noted. D. Cleaning: Clean and bend reinforcement in accordance with ACI 315 and ACI 318. PART 3 EXECUTION 3.1 INSTALLATION A. Placement: Place all bars in accordance with CRSI "Recommended Practice for Placing Reinforcing Bars ". B. Tolerances: Place bars used for top reinforcement in slabs to a vertical tolerance of plus or minus '/a -inch. Place all other reinforcement to the tolerances given to ACI 318. C. Cleaning: Have reinforcing steel delivered without rust other than that accumulated during transportation to the work. At all times, fully protect reinforcing steel from moisture, grease, dirt, mortar and concrete. Before being placed in position, thoroughly clean reinforcing steel of all loose mil scale and rust and of any dirt, oil, grease coatings, or other material that might reduce the bond. If there is a delay in depositing concrete, inspect and satisfactorily clean the steel immediately before the concrete is placed. D. Bar Positioning: Place bars in the exact positions shown with the required spacing and cross wire bars securely in position at intersections to prevent Section 03200 CONCRETE REINFORCEMENT Page 5 of 7 1bD26 displacement during the placing of the concrete. Fasten the bars with annealed wire of not less than 17 gauge or other approved devices. E. Bar Extension Beyond Formwork: On any section of the work where horizontal bars extend beyond the length of the forms, perforate the form or head against which the work ends or at the proper places to allow the bars to project through a distance at least equal to the lap specified. F. Unacceptable Materials: Do not place reinforcing steel with damaged, unsuitably bounded epoxy- coating or rusting. If approved, mars, exposed threads of mechanical connections and cut ends may be field coated with approved epoxy coating material. G. Review of Placement: Have reinforcing placement reviewed by the ENGINEER before concrete is placed. H. Welding — Not Approved: Do not use reinforcing bar assemblies made by welding of any kind, or accessories of any kind which require field welding to reinforcing bars. 1. Welding — Approved: Where welding of reinforcing steel is shown, AWS DI A "Structural Welding Code — Reinforcing Steel" applies. J. Tensions and compression Lap Splices: Conform tension and compression lap splices to ACI 318 with all supplements. Avoid splices at appoints of maximum tensile stress wherever possible. Provide temperature bars with the clear spacing shown. Stagger all bar splices in hoop tension bars in circular tanks with not more than 50 percent of the bars spliced in any one direction. Have welded splices made by certified welders in accordance with AWS DI A. K. Welded Wire Fabric: Place welded wire fabric in the positions shown, specified or required to fit the work. Furnish and place suitable spacing chairs or supports, as specified for bars, to maintain the fabric in the correct location. Where a flat surface of fabric is required, provide flat sheets, when available. Otherwise reverse roll the fabric or otherwise straighten to make a perfectly flat surface before placing. Obtain approval for the length of laps not indicated. L. Concrete Cover: Place reinforcing steel and welded wire fabric and hold in position so that the concrete cover, as measured from the surface of the bar or wire to the surface of the concrete, is as shown or specified. END OF SECTION Section 03200 CONCRETE REINFORCEMENT Page 6 of 7 1b4 Section 03200 CONCRETE REINFORCEMENT Page 7 of 16D26 SECTION 03311 CONCRETE PART1 GENERAL 1.1 DESCRIPTION OF REQUIREMENTS A. The extent of concrete work is shown on the drawings 1.2 CODES AND STANDARDS A. ACI 347 "Recommended Practice for Concrete Formwork'% ACI 304 "Recommended Practice for Measuring, Mixing, Transporting, and Placing Concrete "; comply with applicable provisions. B. FDOT Standard Specification for Road and Bridge Construction C. Reference to standard specifications herein shall be construed as to be in reference to the latest revision or edition. 1.3 STORAGE A. Immediately upon receipt at the site, cement that is to be site mixed shall be stored in a dry, weather tight building, properly ventilated and with provisions for prevention of moisture absorption. B. Reinforcing shall be protected from the weather. PART2 PRODUCTS 2.1 CONCRETE MATERIALS A. Cement: Cement shall conform to standard specification for "Portland Cement ", ASTM C150, Type I for slightly aggressive environments and Type I with fly ash or slag, Type II, Type IP, Type IP (MS) or Type II for Moderately Aggressive Environment (i.e., saltwater /brackish conditions). See FDOT Standard 346. B. Aggregate: Concrete aggregate shall conform to the current specifications for "Concrete Aggregate ", ASTM Designation C33. C. Water: Water used in mixing concrete shall be fresh, clean, and free from injurious amounts of oil, acid, alkali or organic matter. Section 03311 CONCRETE Page I of 'i D. Ready -Mix Concrete: Ready -mixed concrete may be used at the option of the CONTRACTOR provided that such concrete meets the requirements of these specifications and of ASTM Designation C94 for "Ready -Mixed Concrete ". E. High - Early- Strength Concrete: Concrete made with high - early- strength Portland cement shall be used only when specifically authorized by the ENGINEER. The 7 -day compressive strength of concrete made with high- early- strength cement shall be at least equal to the minimum 28 -day compressive strength specified. All provisions of these specifications shall be applicable to high- early- strength concrete except the cement shall conform to ASTM Designation C150, Type III. 2.2 A. B. C. D. 2.3 E. RELATED MATERIALS Reinforcing: Deformed Reinforcing Bars, ASTM A615; Grade 60 unless otherwise indicated. Welded Wire Fabric: ASTM A185. Liquid Membrane - Forming curing Compound: ASTM C309, Type I. Form Materials: Provide form materials with sufficient stability to withstand pressure of placed concrete without bow or deflection. 2. Exposed Concrete Surfaces: conditions. Suitable material to suit project Waterstops: To be used in joints shall be 410 gage steel sheet, 4" wide, welded continuous through the joint, unless detailed otherwise. F. Chemical Floor Hardener: Colorless aqueous solution containing a blend of magnesium fluosilicate and zinc fluosilicate combined with a wetting agent, containing not less than 2 lbs. of fluosilictes per gallon. 1. Apply to exposed concrete slabs not indicated or scheduled to receive subsequent finishes. QUALITY A. Strength: The minimum 28 -day compressive strength of reinforced concrete shall be 4,000 psi, unless shown otherwise on the drawings. Section 03311 CONCRETE Page 2 of 6 16026 Each cubic yard of 4,000 psi concrete shall contain no less than 517 lbs. of cement. The total water content per bag of cement shall not exceed 6.0 gallons. B. Strength: The minimum 28 -day compressive strength of non - reinforced concrete shall be 2,500 psi, unless shown otherwise on the drawings. Each cubic yard of 2,500 psi concrete shall contain no less than 440 lbs. of cement. The total water content per bag shall not exceed 7.5 gallons. C. Mix Proportions: All concrete materials shall be proportioned so as to produce a workable mixture with a slump between 2" and 4 ". D. Tests: 1. The CONTRACTOR shall provide, for test purposes, one set of three cylinders taken from each day's pour for each 50 cubic yards placed, whichever is least or as directed by the ENGINEER. The CONTRACTOR at his expense shall supply test samples and an independent testing laboratory at the CONTRACTOR's expense will make tests. Sampling and testing of concrete shall be made in accordance with ASTM C -143 and ASTM C -31. The standard age of test shall be at 7 days and 28 days; and, when approved by the ENGINEER, a 45 day test may be used. If the test strength of the cylinders fails below the minimum allowable compressive strength, the ENGINEER shall have the right to order the CONTRACTOR to remove and renew that day's pour of concrete or the CONTRACTOR shall accept such deductions in the final payment as the OWNER may deem reasonable. 2. Sampling and testing of concrete materials shall be made in accordance with ASTM Designations. The CONTRACTOR at this expense shall supply test samples, and an independent testing laboratory at the CONTRACTOR's expense shall make tests. The source from which concrete aggregates are to be obtained shall be selected by the CONTRACTOR well in advance of the time when they will be required in the work; and suitable samples, as they are to be used in the concrete, shall be furnished in advance of the tie when the placing of the concrete is expected to begin. PART 3 EXECUTION 3.1 FORMING AND PLACING CONCRETE Section 03311 CONCRETE Page 3 of 6 16 D 2 A. Formwork: Construct so that concrete members and structures are of correct size, shape, alignment, elevation and position, complying with ACI 347. Clean and adjust forms prior to concrete placement. Apply form release agents for wet forms, as required. Retighten forms during and after concrete placement if required to eliminate mortar leaks. 3.2 REINFORCEMENT A. Position, support and secure reinforcement against displacement. Locate and support with metal chairs, runners, bolsters, spacers and hangers, as required. Set wire ties so ends are directed into concrete, not toward exposed concrete surfaces. B. Install welded wire fabric in lengths as long as possible, lapping at least one mesh. C. Installation of Embedded Items: Set and build into the work anchorage devices and other embedded items required for other work that is attached to, or supported by cast -in -place concrete. Use setting diagrams, templates and instructions provided by others for locating and setting. 3.3 CONCRETE PLACEMENT A. Comply with ACI 304, placing concrete in a continuous operation within planned joints or sections. Do not begin placement until work of other trades affecting concrete is completed. B. Consolidate placed concrete using mechanical vibrating equipment with hand rodding and tamping, so that concrete is worked around reinforcement and other embedded items and into all parts of the forms. C. Protect concrete from physical damage or reduced strength due to weather extremes during mixing, placement and curing. Concrete shall not be placed when the surrounding air temperature is below 40 °F, and dropping. 1. In cold weather comply with ACI 306. 2. In hot weather comply with ACI 305. 3.4 CONCRETE FINISHES A. Nonslip Broom Finish: Apply nonslip broom finish to exterior concrete and sidewalks. Section 03311 CONCRETE Page 4 of 6 I. Immediately after trowel finishing, slightly roughen concrete surface by booming with fiber brittle broom perpendicular to main traffic route. Coordinate required final finish with the ENGINEER before application. 3.5 BONDING AND GROUTING A. Before depositing new concrete on or against concrete that has set, existing surfaces shall be thoroughly roughened and cleaned of glaze, foreign matter, and loose particles. An epoxy coating shall be applied for bonding the new concrete to the old. 3.6 CURING A. Concrete shall be kept continuously (not periodically) wet for a period of at least five consecutive days by covering with water or with an approved water saturated covering. Water for curing shall be clean and free from any elements, which might cause staining, or discoloration of the concrete surface. B. Sidewalks and floor slabs may be cured by spraying with a Membrane - Forming curing compound, applied as per manufacturer's recommendations. This material shall not be used on any interior slabs to which an applied finish is to be bonded. 3.7 PATCHING A. Any concrete which is not formed as shown on the drawings, or is out of alignment or level or shows a defective surface, shall be considered as not conforming with the intent of these specifications and shall be removed form the job by the CONTRACTOR at this expense, unless the ENGINEER grants permission to patch the defective area. This shall be done in accordance with the procedures above. Honeycomb consisting of Y2" diameter holes or greater shall be considered a defective surface. Permission to patch any such area shall not be considered a waiver of the ENGINEER's right to require complete removal of the defective work if the patching does not, in his opinion, satisfactorily restore the quality of the concrete and appearance of the surface. B. As the forms are removed, fns, rough edges, and offsets shall be ground smooth. Holes to Yz ", slight honeycomb, and minor defects shall be wet and filled with a 1:2 mix of cement mortar, matching color of surrounding concrete, and then troweled to a uniform plane. As soon as they have been troweled, the patched areas shall be sprayed with a curing compound, which will not destroy future bonding properties. Three days after application of curing compound, the entire surface shall be finished by Section 03311 CONCRETE Page 5 of 6 16 D 26 wetting and applying a 1:2 mix of cement mortar with a cement brick. Using the brick, mortar shall be rubbed into pits or indentations and excess mortar rubbed off to provide a uniformly textured surface. When the surface has dried, all loose sand and dust shall be removed and the surface then hosed down with water. 3.8 TOLERANCES A. Tolerances for concrete work shall be in accordance with ACI 347. END OF SECTION Section 03311 CONCRETE Page 6 of 6 • EXHIBIT K PERMITS The following Permits for the Project have already been obtained by Collier County or are the contractor's responsibility to obtain, as noted below. Copies of all obtained Permits shall be made available to the Contractor. It shall be the Contractors responsibility to read and understand all Permit and Permit Conditions. 1. South Florida Water Management District (SFWMD) Noticed General Permit Right -Of -Way Permit - County Obtained 2. NPDES /FDEP Generic Stormwater Pollution Prevention Permit - County Obtained 3. Collier County Site Development Plan Insubstantial Change - County Obtained G:VOB \C -D \Collier Co - Contracts \CCU 44 \GGCP Boat Landing plan bid tech specs 09- 24- 07.doc tea A{ $ SFWMD NOTICE GENERAL PERMIT NO. 13112 �a Rev: 9/99 (NON- ASSIGNABLE) 1 V D 2 DATE ISSUED: July 31, 2007 AUTHORIZING: VEGETATION CLEARING AND CONSTRUCTION OF A BOAT RAMP /LANDING WITH SIDEWALKS WITHIN THE SOUTH RIGHT OF WAY OF THE GOLDEN GATE MAIN CANAL LOCATED APPROXIMATELY 2000' EAST OF THE CENTERLINE OF THE SANTA BARBARA BOULEVARD BRIDGE AT THE COUNTY'S "GOLDEN GATE COMMUNITY PARK ". LOCATED IN: COLLIER COUNTY, SECTION 33 TOWNSHIP 49S RANGE 26E ISSUED TO COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3300 SANTA BARBARA BOULEVARD NAPLES, FL 34116 Attention: CLINTON PERRYMAN This permit is issued pursuant to Application No. 07- 0706 -4 dated July 6, 7 and permittee's agreement to hold and save the South Florida Water Management District and its successors harmless from any and all damages, claims or liabilities which may arise by reason of the construction, maintenance or use of the work or structure involved in the Permit. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. The permittee, by acceptance of this permit, hereby agrees that he /she shall promptly comply with all orders of the District and shall alter, repair or remove his /her use solely at his/her expense in a timely fashion. Permittee shall comply with all laws and rules administered by the District. This permit does not convey to permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation, or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit is issued by the District as a revocable license to use or occupy District works or lands. It does not create any right or entitlement, either legal or equitable, to the continued use of the District works or lands. Since this permit conveys no right to the continued use of the District works or lands, the District is under no obligation to transfer this permit to any subsequent party. By acceptance of this permit, the permittee expressly acknowledges that the permittee bears all risk of loss as a result of revocation of this permit. WORK PROPOSED MUST BE COMPLETED ON OR BEFORE July 31, 2008. Otherwise, this permit is void and all rights thereunder are automatically canceled unless permittee applies for, in writing, a request for extension to the construction period and such request is received by the District on or before the expiration date and such request is granted, in writing, by the District. SPECIAL CONDITIONS (SPECIFIC PROJECT CONDITIONS) AND LIMITING CONDITIONS ON ATTACHED SHEETS ARE A PART OF THIS DOCUMENT. FILED ON! i C BY: t(� Ruth P. Clements, Director BY } art { t Land Acquisition and Land Management D TY CLERK South Florida Water Management District Return Receipt Requested /Certified No. 7003 3110 0004 9932 6943 C: Philip Jimenez Copy to: O. Grady Minor, & Assoc., P.A. BIG CYPRESS BASIN / NAPLES SERVICE CENTER David W. Schmitt, P.E. (239) 597 -1505, Extension 7614 3800 Via Del Rey Bonita Springs, FL 34134 RECEIVED AUG 0 3 2007 Q. Grady Minor & Associates, P.A. 16 026 40E -6.381 LIMITING CONDITIONS The District's authorization to utilize lands and other works constitutes a revocable license (including both notice general permits and standard permits). In consideration for receipt of that license, permitter, shall agree to be bound by the following standard limiting conditions, which shall be included within all permits issued pursuant to this chapter: (1) All structures on District works or lands constructed by permillee shall remain the property of permittee, who shall be solely responsible for ensuring that such structures and other uses remain in good and safe condition. Permittees are advised that other federal, state and local safety standards may govern the occupancy and use of the District's lands and works. The District assumes no duty with regard to ensuring that such uses are so maintained and assumes no liability with regard to injuries caused to others by any such failure. (2) Permittee solely acknowledges and accepts the duty and all associated responsibilities to incorporate safety features, which meet applicable engineering practice and accepted industry standards, into the design, construction, operation and continued maintenance of the permitted facilities /authorized use. This duty shall include, but not be limited to, permittee's consideration of the District's regulation and potential fluctuation, without notice, of water levels in canals and works, as well as the permittee's consideration of upgrades and modifications to the permitted facilities /authorized use which may be necessary to meet any future changes to applicable engineering practice and accepted industry standards. Permittee acknowledges that the District's review and issuance of this permit, including, but not limited to, any field inspections performed by the District, does not in any way consider or ensure that the permitted facilities /authorized use is planned, designed, engineered, constructed, or will be operated, maintained or modified so as to meet applicable engineering practice and accepted industry standards, or otherwise provide any safety protections. Permittee further acknowledges that any inquiries, discussions, or representations, whether verbal or written, by or with any District staff or representative during the permit review and issuance process, including, but not limited to, any field inspections, shall not in any way be relied upon by permittee as the District's assumption of any duty to incorporate safety features, as set forth above, and shall also not be relied upon by permittee in order to meet permittee's duty to incorporate safety features, as set forth above. (3) Permittee agrees to abide by all of the terms and conditions of this permit, including any representations made on the permit application and related documents. This permit shall be subject to the requirements of Chapter 373, F.S., and Chapter 40E -6, F.A.C., including all subsequent rule and criteria revisions. Permittee agrees to pay all removal and restoration costs, investigative costs, court costs and reasonable attorney's fees, including appeals, resulting from any action taken by the District to obtain compliance with the conditions of the permit or removal of the permitted use. If District legal action is taken by staff counsel, "reasonable attorney's fees' is understood to mean the fair market value of the services provided, based upon what a private attorney would charge. (4) This permit does not create any vested rights, and except for governmental entities and utilities, is revocable at will upon reasonable prior written notice. Permittee bears all risk of loss as to monies expended in furtherance of the permitted use. Upon revocation, the permittee shall promptly modify, relocate or remove the permitted use and properly restore the right of way to the District's satisfaction. In the event of failure to so comply within the specified time, the District may remove the permitted use and permittee shall be responsible for all removal and restoration costs. (5) This permit does not convey any property rights nor any rights or privileges other than those specified herein and this permit shall not, in any way, be construed as an abandonment or any other such impairment or disposition of the District's property rights. The District approves the permitted use only to the extent of its interest in the works of the District. Permittee shall obtain all other necessary federal, state, local, special district and private authorizations prior to the start of any construction or alteration authorized by the permit. Permittee shall comply with any more stringent conditions or provisions which may be set forth in other required permits or other authorizations. The District, however, assumes no duty to ensure that any such authorizations have been obtained or to protect the legal rights of the underlying fee owner, in those instances where the District owns less than fee - (6) Unless specifically prohibited or limited by statute, Permittee agrees to indemnify, defend and save the District (which used herein includes the District and its past, present and future employees, agents, representatives, officers and Governing Board members and any of their successors and assigns) from and against any and all lawsuits, actions, claims, demands, losses, expenses, costs, attorneys fees (including but not limited to the fair market value of the District's inhouse attorneys' fees based upon private attorneys' fees /rates), judgments and liabilities which arise from or may be related to the ownership, construction„ maintenance or operation of the permitted use or the possession, utilization, maintenance, occupancy or ingress and egress of the District's right of way which arise directly or indirectly and /or are caused in whole or in part by the acts, omissions or negligence of the District or of third parties. Permittee agrees to provide legal counsel acceptable to the District if requested for the defense of any such claims. (7) The District does not waive sovereign immunity in any respect. (8) The permittee shall not engage in any activity regarding the permitted use which interferes with the construction, alteration, maintenance or operation of the works of the District, including: (a) discharge of debris or aquatic weeds into the works of the District; (b) causing erosion or shoaling within the works of the District; (c) planting trees or shrubs or erecting structures which limit or prohibit access by District equipment and vehicles, except as may be authorized by the permit. Permittee shall be responsible for any costs incurred by the District resulting from any such interference, as set forth in (a), (b), and (c), above; (d) leaving construction or other debris on the District's right of way or waterway; (e) damaging District berms and levees; (a) the removal of District owned spoil material; (b) removal of or damage to District locks, gates, and fencing; 16026 0 40E -6.381 LIMITING CONDITIONS (c) opening of District rights of way to unauthorized vehicular access; or (d) running or allowing livestock on the District's right of way. (9) The District is not responsible for any personal injury or property damage which may directly or indirectly result from the use of water from the District's canal or any activities which may include use or contact with water from the District's canal, since the District periodically sprays its canals for aquatic weed control purposes and uses substances which may be harmful to human health or plant life. (10) Permittee shall allow the District to inspect the permitted use at any reasonable time. (11) Permittee shall allow, without charge or any interference, the District, its employees, agents, and contractors, to utilize the permitted facilities before, during and after construction for the purpose of conducting the District's, routine and emergency, canal operation, maintenance, and construction activities. To the extent there is any conflicting use, the District's use shall have priority over the permittee's use. (12) This permit is a non - exclusive revocable license. Permittee shall not interfere with any other existing or future permitted uses or facilities authorized by the District. (13) The District has the right to change, regulate, limit, schedule, or suspend discharges into, or withdrawals from, works of the District in accordance with criteria established by the Big Cypress Basin, the District, or the U. S. Army Corps of Engineers for the works of the District. (14) If the use involves the construction of facilities for a non exempt water withdrawal or surface water discharge, the applicant must apply for and obtain a water use or surface water management permit before or concurrently with any activities which may be conducted pursuant to the right of way occupancy permit. (15) The District shall notify the local ad valorem taxing authority of the lands affected by the permitted use, where the permittee owns the underlying fee and derives a substantial benefit from the permitted use. The taxing authority may reinstate such lands on the tax roll. Failure to pay all taxes in a timely manner shall result in permit revocation. Such permit revocation shall not alleviate the responsibility of the permittee to pay all taxes due and payable. (16) Permittee shall provide prior written notice to their successors in title of the permit and its terms and conditions. (17) Permittee shall record a Notice of Permit through filing the appropriate notice agreed to by the District in the public records of the county or counties where the project is located and by providing the District with proof of filing or through an equivalent procedure. All costs associated with this requirement shall be the responsibility of the permittee. Governmental entities and utilities are not subject to this provision. (18) This permit is contingent upon compliance with the recording of the Notice of Permit. Failure to provide proof of the recording of the Notice of Permit will result in the permit becoming invalid on its own terms, the removal of any existing facilities within the right of way, restoration of the right of way to the District's satisfaction, at the permittee's expense, and the possible assessment of civil penalties. (19) Permittee shall be responsible for the repair or replacement of any existing facilities located within the District's right of way which are damaged as a result of the installation or maintenance of the authorized facility. (20) All obligations under the terms of this permit authorization and any subsequent modifications hereto shall be joint and several as to all owners. (21) It is the responsibility of the permittee to make prospective bidders aware of the terms and conditions of this permit. It shall be the responsibility of the permittee's contractors to understand the terms and conditions of this permit and govern themselves accordingly. (22) It is the responsibility of the permittee to bring to the attention of the District any conflict in the permit authorization or permit conditions in order that they may be resolved prior to the start of construction. In resolving such conflicts the District's determination will be final. Specific Authority 373.044, 373.113 F.S. Law Implemented Chapters 373.085(1), 373.086, 373.103, 373.109, 373.129, 373.1395, 373.603, 373.609, 373.613 F.S. History—New 9 -3 -81, Amended 5- 30 -82, 12- 29 -86, 12- 24 -91, 9 -15 -99 Formerly 16K- 5.01(2), 16K- 5.02(2), 16K- 5.03(2), 16K- 5.04(4), 16K -5.05, 40E- 6.381. 1626 t21y It. is the responsibility of the permittee to make prospective bidders aware of a terms am conditions o" this permit. It shall be the responsibility of the permittee's contractors to understand the terms an( conditions of this permit and govern themselves accordingly. (22) It is the responsibility of the permittee to bring to the attention of the District any conflict in thi permit authorization or permit conditions in order that they may be resolved prior to the start of construction. h resolving such conflicts the District's determination will be final. Specific Authority 373.044, 373.113 F.S. Law Implemented Chapters 373.085(1), 373.086, 373.103, 373.109 373.129, 373.1395, 373.603, 373.609, 373.613 F.S. History—New 9 -3 -81, Amended 5- 30 -82, 12- 29 -86, 12- 24 -91, 9 15 -99 Formerly 16K- 5.01(2), 16K- 5.02(2), 16K- 5.03(2), 16K- 5.04(4), 16K -5.05, 40E- 6.381. Page 3 of 4 (SP -1) In compliance with provisions of Chapter 373, Florida Statutes and Chapter 40E -6, Floridz Administrative Code, application is hereby made for a Right of Way Occupancy Standard Permit it accordance with support drawings, data and incidental information filed with this application and madE a part of this application. 1 hereby certify that all information contained in or made a part hereof is true and correct to the best of my knowledge, that any permit issued shall require that the permitted use be constructed and operated in accordance with such information. 1 further certify that I have read the Standard Limiting Conditions appearing on this application and understand that said conditions will be incorporated within any permit issued pursuant to the application, unless expressly waived by the Governing Board. I further acknowledge that the SFWMD may incorporate additional special conditions as may be necessary in the best interest of the District. In signing this application, I acknowledge that failure to comply with all conditions of this permit may result in permit revocation, financial assurance or bond forfeiture, and remedial action against me by the SFWMD. I assume full responsibility for the actions of all my employees, agents and persons, whether under direct contractual obligation to me or indirectly, with respect to compliance with the conditions and limitations contained within this application or within a permit issued as a result of this application. Mr.- Clinton Perryman MY—David-Schmitt Applicant's N�rtte� (print or type) Applic 's Ag�nys Name (print or type) Applicant's�Signature V Applicant'sApent's Signature type) Owner's /G. off- G- /6, d�- Date Date Please be sure the following accompany the submittal of your application: Application Processing Fee (if applicable) ORIGINAL SUbMII IHL Property /Boundary Survey /Metes and Bounds Description Drawings Describing the proposed use or facilities Copy of Building Permit (if applicable) jUL 6 2007 Copy of SFWMD Water Use, Surface Water Management Permits, etc. (if applica le Other Information Pertinent to the application BCB SERVICE CENTER a0 N LJJM vNJJ n3WJ BX .a ]' 3wvN TU LWL '3NfY �LVO 26 sued uogO "uop uogIned amoId pub wpue"I lrofi .J,•�M... �...�Ww.a..�, HIT'd xnunwwo,) Ding uaplog S ? � p �1 � C� jYYY 4—j LU cr1 ^ � F"� 1 CO N Con Cz -d N •O c •�� cz a LL W 1 � +3 p v� U 2f U -F 0 o T ►—, ,.i p t— U cz C 0 1-, U E TQ 26 sued uogO "uop uogIned amoId pub wpue"I lrofi .J,•�M... �...�Ww.a..�, HIT'd xnunwwo,) Ding uaplog H � o Z LU m N W ¢o 0 J Z Z z fLQ�C� m LU Q V OQWam _2 z cc: LLLJZaz <� uj _J O d U Z m z X JNW�QMoQ >- O��gozx�u z U) V U Q W_ O U J Q V LC - O 0I ti Srd MOCtl'Wtl S,SC :q Zoo& JJ Z' 6^' C" na» sfDJ\ 6i+ y \bHDJ\S9 /Jd1I0 \buUJU\9N3tOMal9 S ? 4 jYYY 4—j cr1 \ W p L 2f E X W r, E /� J co EE ii m H � o Z LU m N W ¢o 0 J Z Z z fLQ�C� m LU Q V OQWam _2 z cc: LLLJZaz <� uj _J O d U Z m z X JNW�QMoQ >- O��gozx�u z U) V U Q W_ O U J Q V LC - O 0I ti Srd MOCtl'Wtl S,SC :q Zoo& JJ Z' 6^' C" na» sfDJ\ 6i+ y \bHDJ\S9 /Jd1I0 \buUJU\9N3tOMal9 j 7,' I 2 §_, : LgJ� IAI; ya aC Wr 'M x :QPP : i. Ul 0. al O r le ° I I I i£ I \ Im i .I ° IYNlJ 3LM NM109 ffi +� 1 /y V D / d0ap_8 � z U U 41 U q��ks U q 3 1 a 'xel o& Rip 6 ��• gbl „3 i 2t�a4i' - - -- __ _ _ - -' -' I'§0 a� J 3 a a a qg 4 Y e „7 (8 °ul4 C o 16 D26 .=q � 0 1 < !ryI• � � U q U 2 W 1 1 � I Q I I 1 I ' 1 I - I V• x xej 1 1 1 S2ey 'Ee I , I i ail. R� , ! 1 1 O% I ' � ➢y o i � i i ,a /�� B � � 5Ea ^. � 3`�. •r ¢55¢ 1 I 1 • g 1 1 i 1 1 L i , , 1 I 1 Ell i i i i 1 1 � �kg \ # �!{( A ` u k [ �!¢ #$ $) t \ /JR! ) § < \f // j i \ % �&� ; If( ( § - -- ° 16 D 2 6 } ) § ( \ » § | % \) )(| fi. § §, )§ _ � ) 16 ?" STAFF REPORT DISTRIBUTION LIST GOLDEN GATE COMMUNITY PARK PICNIC PAVILION AND BOAT LANDING Application No: 070706 -18 Permit No: 11- 02725 -P INTERNAL DISTRIBUTION X Pierre Fortunat - 2261 X William Foley, P.E. - 2261 X Edward Cronyn - 2261 X C. Tears - 6862 X ERC Engineering - 6861 X ERC Environmental - 6861 X Fort Myers Backup File - 6861 X Permit File EXTERNAL DISTRIBUTION X Permittee - Collier County Board Of County Commissioners X Agent - O Grady Minor And Associates P A GOVERNMENT AGENCIES X Collier County -Agricultural Agent X Collier County Engineer Engineering Review Services X Div of Recreation and Park - District 4 - FDEP X FDEP X Florida Fish & Wildlife Conservation Commission - Imperiled Species Mgmt Section OTHER INTERESTED PARTIES X Audubon of Florida - Charles Lee X S.W.F.R.P.C. RECEIVED AUG 0 2 2007 O. Grady Minor b Associates, P.A. STAFF REPORT DISTRIBUTION LIST 16026 ADDRESSES Q Grady Minor And Associates P A 3800 Via Del Rey Bonita Springs FL 34134 -7569 Collier County -Agricultural Agent 14700 Immokalee Road Naples FL 34120 -1468 Div of Recreation and Park - District 4 - FDEP 1843 South Tamiami Trail Osprey FL 34229 Florida Fish & Wildlife Conservation Commission - Imperiled Species Mgmt Section 620 South Meridian Street Tallahassee FL 32399 -6000 Audubon of Florida - Charles Lee 1101 Audubon Way Maitland FL 32751 Collier County Board Of County Commissioners Attn Coastal Zone Management Department 3301 E Tamiami Tr Naples FL 34112 Collier County Engineer Engineering Review Services 3301 Tamiami Trail Naples FL 34112 FDEP 2295 Victoria Avenue Fort Myers FL 33901 S.W.F.R.P.C. 1926 Victoria Avenue Fort Myers FL 33917 Application No: 070706-18 Page 2 of 2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE NOTICED GENERAL PERMIT NO. 11- 02725 -P DATE ISSUED:August 1, 2007 Form #0941 08/95 PERMITTEE: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTN COASTAL ZONE MANAGEMENT DEPARTMENT 3301 E TAMIAMI TR NAPLES, FL 34112 02WIV PROJECT DESCRIPTION: Construction and operation of a surface water management system to serve a 1.0 acre project known as Golden Gate Community Park Picnic Pavilion and Boat Landing. The Collier County Coastal Management Department and Parks and Recreation Department propose to constuct a 24 foot boat landing into the Golden Gate Canal to service small craft, and a picnic pavilion adjacent to an existing building. PROJECT LOCATION: COLLIER COUNTY, SEC 33 TWP 49S RGE 26E PERMIT DURATION: Five years from the date issued to complete construction of the surface water management system as authorized herein. See attached Rule 40E- 4.321, Florida Administrative Code. This is to notify you of the District's agency action concerning Notice of Intent for Permit Application No. 070706 -18, dated July 6, 2007. This action is taken pursuant to Rule 40E -1.603 and Chapter 40E -40 and 40E -400, Florida Administrative Code (F.A.C.). Based on the information provided, District rules have been adhered to and an Environmental Resource General Permit is in effect for this project subject to: 1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing. 2. the attached 13 General Conditions (See Pages : 2 - 3 of 3) and 3. the attached 2 Exhibits) Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed it you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights," we will assume that you concur with the District's action. CERTIFICATE OF SERVICFf I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Permittee (and the persons listed in the attached distribution list) no later than 5:00 p.m. on this 1st day of August, 2007, in accordance with Section 120.60(3), F . a Statutes. BY: Edward Cronyn Sr Supv Environmental Analyst Collier County Service Center Certified mail number 7005 1160 0001 6703 3110 Page 1 of 3 NOTICE OF RIGHTS 16D26 As required by Sections 120 569(1) and 120 60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing and /or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Right to Request Administrative Hearing A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569, 120.57, and 120.60(3), Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision in accordance with Rule 28- 106.111, Fla. Admin. Code. Any person who receives written notice of a District decision and fails to file a written request for hearing within 21 days waives the right to request a hearing on that decision as provided by Subsection 28- 106.111(4), Fla, Admin. Code. The Petition must be filed at the Office of the District Clerk of the SFWMD, 3301 Gun Club Road, P.O. Box 24680, West Palm Beach, Florida, 33416, and must comply with the requirements of Rule 28- 106.104, Fla. Admin. Code. Filings with the District Clerk may be made by mail, hand - delivery or facsimile. Filings by e-mail will not be accepted. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Pursuant to Rule 28- 106,104, Fla. Admin. Code, any document received by the office of the District Clerk after 5:00 p.m. shall be filed as of 8:00 a . on the next regular business day. © Filings made by mail must include the original and one copy and must be addressed to the Office of the District Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. ® Filings by hand - delivery must also include the original and one copy of the petition. Delivery of a petition to the District's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the District's security officer to contact the Clerk's office. An employee of the District's Clerk's office will file the petition and return the extra copy reflecting the date and time of filing. ® Filings by facsimile must be transmitted to the District Clerk's Office at (561) 682 -6010. Pursuant to Subsections 28- 106.104(7), (8) and (9), Fla. Admin, Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the District Clerk receives the complete document. Rev. 9112/06 1 16026 The following provisions may be applicable to SFWMD actions in combination with the applicable Uniform Rules of Procedure (Subsections 40F -0 109(1)(a) and 40E- 1.511(1)(a), Fla. Admin. Code): (1)(a) "Receipt of written notice of agency decision" as set forth in Rule 28- 106111, Fla. Admin. Code, means receipt of either written notice through mail or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. (b) If notice is published pursuant to Chapter 40E -1, F.A.C., publication shall constitute constructive notice to all persons. Until notice is published, the point of entry to request a formal or informal administrative proceeding shall remain open unless actual notice is received. (2) If the District's Governing Board takes action which substantially differs from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28- 106.111, Fla Admin. Code, unless otherwise provided by law. The District Governing Board's action is considered to substantially differ from the notice of intended agency decision when the potential impact on water resources has changed. (3) Notwithstanding the timeline in Rule 28- 106.111, Fla_ Admin. Code, intended agency decisions or agency decisions regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands pursuant to Section 373.427, Fla. Stat., shall provide a 14 day point of entry to file petitions for administrative hearing. Hearings Involving Disputed issues of Material Fact The procedure for hearings involving disputed issues of material fact is set forth in Subsection 120.57(1), Fla. Stat., and Rules 28- 106.201 -.217, Fla. Admin. Code. Petitions involving disputed issues of material fact shall be filed in accordance with Rule 28- 106.104, Fla. Admin. Code, and must comply with the requirements set forth in Rule 28- 106.201, Fla, Admin. Code. Hearings Not Involving Disputed Issues of Material Fact The procedure for hearings not involving disputed issues of material fact is set forth in Subsection 120.57(2), Fla. Stat, and Rules 28- 106.301 -.307, Fla. Admin. Code. Petitions not involving disputed issues of material fact shall be filed in accordance with Rule 28- 106.104, Fla. Admin. Code, and must comply with the requirements set forth in Rule 28- 106.301, Fla. Admin. Code. Mediation As an alternative remedy under Sections 120.569 and 120.57, Fla. Stat., any person whose substantial interests are or may be affected by the SFWMD's action may choose to pursue mediation. The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28- 106.111 and 28- 106.401 -.405, Fla. Admin. Code. Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement. DISTRICT COURT OF APPEAL Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Rev 9/12/06 2 GENERAL CONDITIONS Application No.: 070706 -18 Page 2 of 3 16 D 6 1. The terms, conditions, requirements, limitations, and restrictions set forth in this section are general permit conditions, and shall be applicable to, and are binding upon the permittee for all No Notice and Noticed General Permits in this Chapter. These conditions are enforceable under Part IV of Chapter 373, F.S.. 2. The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit. A violation of the permit is a suspension or revocation of the permittee's right to conduct such activity under the general permit. The District may begin legal proceedings seeking penalties or other remedies as provided by law for any violation of these conditions. 3. This general permit does not eliminate the necessity to obtain any required federal, State, local and special District authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit. This general permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the general permit and this Chapter. 4. This general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life, or property. It does not allow the permittee to cause pollution in contravention of Florida statutes and District rules. s. The permittee is hereby advised that Section 253.77, F.S., states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permitee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state owned lands. 6. The general permit may be modified, suspended or revoked in accordance with Chapter 120, and Section 373.429, F.S. 7. This permit shall not be transferred to a third party except pursuant to Section 40E- 4.351, F.A.C. The permittee transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. 8. Upon reasonable notice to the permittee, District staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to insure conformity with the plans and specifications approved by the permit. 9. The permittee shall maintain any permitted system in accordance with the plans submitted to the District. 10. A permittee's right to conduct a specific noticed activity under this noticed general permit is authorized for a duration of 5 years. 1t. Construction, alteration, operation, maintenance, removal and abandonment approved by this general permit shall be conducted in a manner which does not cause violations of State water quality standards, including any antidegradation provisions of Section 62- 4.242(1)(a) and (b), 62- 4.242(2) and (3), and 62- 302.300, F.A.C., and any special standards for outstanding Florida waters and outstanding national resource waters. The permittee shall implement best management practices for erosion, turbidity, and other pollution control to prevent violation of the State water quality standards. Temporary erosion control measures such as sodding, and seeding shall be implemented and shall be maintained on all erodible ground areas prior to and during construction. Permanent erosion control measures such as sodding and GENERAL CONDITIONS Application No.: 070706 -18 Page 3 of 3 16n26 planting of wetland species shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into wetlands and other surface waters exists due to the permitted activity. Turbidity barriers shall remain in place and shall be maintained in a functional condition at all locations until construction is completed and soils are stabilized and vegetation has been established. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 12. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the general permit. 13. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. PYHIRIT I_ n mB • D4i EpN1M 6lp 1. N 12 7 8 9 10 II Ni 4 4 E O 0 _ PINE RIDGE ROAD S' 6 4� 13 18 17 16 15 ey$ J 6 e s 24 19 20 21 22 ` GOLDEN GM EN GATE PARKWAY < 29 28 GATE h, 25 30 -- 27 PROBECru, 36 31 32 33 SI RA 10 RDAD 34 6 a ° 1 IDYRC ROLE COUNTRY GLS EMBASSY 5 ROODS OGP 5 COWS 4 - 3 mIWJ1RY GIJB CwRnRY CWD a *BDROK, LMRS DAVIS BLVD ° 0 o i PALLBIC rA1G6 < _ R KIM OE v Y 12 LARE 7 8 9 10 it OLA'ES t WHITTAKER ROAD QUEENS PARK - RIVIERA c p ISSUE ROYAL ROfO 14 13 18 MALES 171 M.&M 9 16 15 FLORIDA 0 SHADOW °�' SPORTS PARK PARK Of < COUNTRY GIRT U TMQYASSOM OR RATTLESNAKE HAMMOCK RD 4T f1Y LELY LSTA16 COIN IJ WRIY GJJB 24 19 20 21 22 23 CoIRR DJG. EDISION OWNPA /D - P .R DESIGNED BY. Q. GRADY IMOR AND ASSOCIATES P.A GOLDEN GATE COMMUNITY PARK ORARM HY S A.B. AG. COLLIER COUNTY 1 CIVQ. ENCINEF.RS . LAND S[I &VEYORS . PLANNERS APPROVED: D.W.S. 3301 TIX11IIX01 Trop WOO VIA DEL REY N.O.S. Flod0 34116 11 10 s I T! ¶ JOB cope: CCU44 PtlL : (YBB) 949 -1144 PAX : 9t9 -D'S!5 SCALE: N.T.S. DATE: JUNE. 2007 Ay CCU!ft KRER i a 1 . cmC°1°I`mcAi% OP A..vm IS NmIsl PYHIRIT I_ n I� \1 J� • V"�� f^1� V cll J--1 r� ct TO ml 3— rc 1. e 3x Naz.o ^^CCj F� C� O U U) cu LLI N c� N 6) _O O cz U- C � O 7 Uco O� U U) � c o a� U Ci O J C O U U olumd puV Sulpur.-I loop mmuuoJ o1r9 u pjol.) pS � II 'PAia 1 m s F Z R H e� C ti O � U 4 O P' a 1 m 0 � 0 o Z o W 1011111111111110 W <� N o y Z Q N 1, za W ¢m d � �QwaOm ° 2i 2 Z N O� O qW J~ m w J U Z— Z X . n Za�- O J 0 �Cl) z UCl) o° o Q O U o U IN NUon NN ILI I is- N m J C ti O � U 4 O P' a 1 m 0 � 0 o Z o W W <� N o y Z Q N W za W ¢m d � �QwaOm ° 2i 2 Z N O� O qW J~ m w J U Z— Z X . n Za�- O J 0 �Cl) z UCl) o° o Q O U o U C ti O � U 4 O P' a 1 � m . s.. 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( t � t (!( eE, _ -) � � � � X LU : =}» ! \) ) AI\ \ 2 ƒ j )�( (!( eE, _ -) � � � � X LU � ; } � � �!\ � �• /�y ) . d \ � \ , �.. d2 | \� : \ } h 1 6 q 2 6.� � EQ§ df � \S# \ W w � , & ! �| \ R§ « % %$ « § \% /) \ §. \ (! � \�\ [ \ || (' �.. d2 | \� : \ } h 1 6 q 2 6.� � EQ§ df � \S# \ W w � , & ! �| \ R§ « % %$ « § \% /) \ §. \ (! � \�\ [ \ || DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS FORT MYERS REGULATORY OFFICE 1520 ROYAL PALM SQUARE BLVD., SUITE 310 FORT MYERS, FLORIDA 33919 REPLY TO ATTENTION OF AUG 0 1 2007 Regulatory Division South Permits Branch/West Permits Section SAJ- 2007- 4227(N W -L B D) Collier County Board of County Commissioners 3300 Santa Barbara Blvd. Naples, Florida 34116 Gentlemen: 16026 RECEIVED AUG 0 2 2007 Q. Grady Minor Associates, P.A Your application for a Department of the Army permit received on 13 July 2007 has been assigned number SAJ- 2007- 4227(NW -LBD). A review of the information and drawings provided shows the proposed work is to construct a 24 -foot by 84 -foot boat ramp with 110 linear feet of seawall within Golden Gate Main Canal. The project is located in Golden Gate Community Park at 3300 Santa Barbara Boulevard, in Section 33, Township 49 South, Range 26 East, Naples, Collier County, Florida. Please access the U.S. Army Corps of Engineers' Jacksonville District's Regulatory web address at http: / /www.saj.usace.army.mil /regulatory/permitting /nwp /nwp.htm to access web links to view the Final Nationwide Permits, Federal Register Vol. 72, dated March 12, 2007, the Corrections to the Final Nationwide Permits, Federal Register 72, May 8, 2007, and the List of Regional Conditions. These files contain the description of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWP 36. Additionally, enclosed is a list of the six General Conditions, which apply to all Department of the Army authorizations. You must comDly with all of the special and general conditions and any project specific condition of this authorization or you may be subject to enforcement action. In the event you have not completed construction of your project within the specified time limit, a separate application or re- verification may be required. The following special conditions are included with this verification: Within 60 days of completion of the work authorized, the attached "Self- Certification Statement of Compliance" must be completed and submitted to the U.S. Army Corps of Engineers. Mail the completed form to the Regulatory Division, Enforcement Section, Post Office Box 4970, Jacksonville, Florida 32232 -0019. 2. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register. SAJ- 2007 -422 7(N W -L B D ) Golden Gate Ramp Page 2 16 026 Prior to the start of work, the Permittee or other party on the Permittee's behalf, shall conduct a search in the National Register Information System (NRIS). Information can be found at; http: / /www.cr.nps.gov /nr /research /nris.htm. Information on properties eligible for inclusion in the National Register can be identified by contacting the Florida Master File Office by email at fmsfile @dos.state.fl.us or by telephone at 850 - 245 -6440. If unexpected cultural resources are encountered at any time within the project area that was not the subject of a previous cultural resource assessment survey, work should cease in the immediate vicinity of such discoveries. The permittee, or other party, should notify the SHPO immediately, as well as the appropriate Army Corps of Engineers office. After such notifications, project activities should not resume without verbal and /or written authorization from the SHPO. If unmarked human remains are encountered, all work shall stop immediately, and the proper authorities notified in accordance with Section 872.05, Florida Statutes, unless on Federal lands. After such notifications, project activities on non - Federal lands shall not resume without verbal and /or written authorization from the Florida State Archaeologist for finds under his or her jurisdiction. 3. Removal of any weir(s) or water control structure(s), thereby connecting this portion of Golden Gate Main Canal to tidal waters, is not authorized by this permit and will require separate DA authorization including evaluation for potential impacts to endangered and threatened species. This letter of authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which maybe required. In Florida, projects qualifying for this NWP must be authorized under Part IV of Chapter 373 by the Department of Environmental Protection, a water management district under §. 373.069, F.S., or a local government with delegated authority under §. 373.441, F.S., and receive Water Quality Certification (WQC) and Coastal Zone Consistency Concurrence (CZCC) (or a waiver), as well as any authorizations required by the State for the use cf sovereignty submerged lands. You should check State - permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district. This letter does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood -prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP, please contact 16026 SAJ- 2007- 4227(N W -LB D) Golden Gate Ramp Page 3 Lauren Diaz by telephone at 239 - 334 -1975 extension 31 or by email at Lauren .B.Diaz @saj02.usace.army.mil. This letter contains an approved jurisdictional determination. Enclosed you will find the approved jurisdictional determination form and a Notification of Appeal Process fact sheet and Request for Appeal (RFA) form. If you object to this determination, you may request an administrative appeal under Corps' regulations at 33 CFR Part 331. If you request to appeal this determination, you must submit a completed RFA form to the South Atlantic Division Office at the following address: Mr. Michael F. Bell South Atlantic Division U.S. Army Corps of Engineers CESAD- CM -CO -R, Room 10M15 60 Forsyth St., SW. Atlanta, Georgia 30303 -8801. Mr. Bell can be reached by telephone number at 404 - 562 -5137, or by facsimile at 404 -562- 5138. In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the Division office within 60 days of the date of the RFA. Should you decide to submit an RFA form, it must be received at the above address by 30 September 2007. Thank you for your cooperation with our permit program. The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to take a few minutes to visit the following link and complete our automated Customer Service Survey: http: / /www.saj.usace.army.mii/ permit /forms /customer_service.htm. Your input is appreciated — favorable or otherwise. Sincerely, ORIGINAL SIGNED Lauren Diaz Project Manager Enclosures Copies Furnished: Q. Grady Minor & Associates, Inc. CESAJ -RD -PE GENERAL CONDITIONS 33 CFR PART 320 -330 PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986 The time limit for completing the work authorized ends on date identified in the letter. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. � � I SELF - CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: NW -36 Application Number: SAJ- 2007- 4227(NW -LBD) Permittee's Name & Address (please print or type): Telephone Number: Location of the Work: Date Work Started: Date Work Completed: Description of the Work (e.g., bank stabilization, residential or commercial filling, docks, dredging, etc.): Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drawing(s) depicting the deviations): I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee Date 16 D2c MEMORANDUM Date: February 20, 2008 To: Rosa Munoz, Grants Mgmt. Coordinator Housing & Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Subrecipient Amendment to Homebuyer Ed Agreement: SHIP FY 2007 -2008 — Empowerment Alliance Corporation of SW Florida Attached please find an original copy of the amendment agreement as referenced above, Agenda Item #16D29, approved by the Board of County Commissioners on Tuesday, February 12, 2008. The Minutes & Records Department has retained the second original which will be kept as part of the Board's permanent record. If you have any questions, please feel free to contact me at 252 -8406. Thank you. Attachments (1) 16D29 -r �1- � I 1 ��( ` To: Patricia Morgan, Supervisor Clerk of Courts - Minutes and Records From: Rosa Munoz, Grants Management Coordinator Date: February 13, 2008 Subject: Subrecipient Amendment to Homebuyer Ed Agreement Re: SHIP FY 2007 -2008 - Empowerment Alliance Corporation of SW Florida (EASF) Attached please find the original subrecipient amendment to agreement between Collier County and the Empowerment Alliance of SW Florida (EASF) for $22,200 in State Housing Initiative Partnership (SHIP) funds for a Homebuyer Education and Counseling Program. An original agreement was Filed at the Clerk of Courts, Minutes and Records Dept. This new strategy was included in the LHAP (Local Housing Assistance Plan) for State Fiscal Years 2008.2010 as approved by the BCC on April, 24th, 2007 - Resolution 2007 -96 - Agenda Item 16D7. This amendment to agreement was approved by the BCC on February 12, 2008 - Item 161329. The account string for this grant is 191 - 138785. 884700- 442071. Thank you. Cc: Kelly Jones, Senior Accountant - Clerk's Finance Marlene Foord, Grant Coordinator- Administrative Services Division Joanne Markiewicz, Operations Manager - Purchasing File Department of Housing and Human Services Public Services Division 16 D 29 AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND THE EMPOWERMENT ALLIANCE OF SW FLORIDA COMMUNITY DEVELOPMENT CORPORATION (EASF) SHIP HOMEBUYER EDUCATION AND COUNSELING CSFA 452.901 THIS AMENDMENT TO AGREEMENT is entered into this /� day of Tee r 2008, 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 COMMUNITY DEVELOPMENT CORPORATION (EASE), a private Florida non -profit corporation, hereinafter referred to as "SPONSOR." WHEREAS, the COUNTY and the SPONSOR previously agreed to certain terms under a prior Agreement dated October 9, 2007, a copy of which is attached hereto (hereinafter the "Agreement'); and WHEREAS, the COUNTY and SPONSOR desire to amend certain provisions of the October 9, 2007 Agreement, in order to facilitate the funding and reimbursement process for this State Housing Initiatives Partnership (SHIP) program. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the COUNTY and SPONSOR agree as follows: SECTION ONE: Paragraph III of the October 9, 2007 Agreement is hereby amended to read as follows: III. TIME OF PERFORMANCE The effective date of this Agreement shall be July 1, 2007 the date of exe,.,.t:,. of this n ,.ree a�, and the services of the SPONSOR shall be undertaken and completed in light of the purposes of this Agreement. SECTION TWO: Paragraph VII C. of the October 9, 2007 Agreement is hereby amended to read as follows: 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 Page 1 of 2 16D2�) 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 provide 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 representatives:, and any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. SECTION THREE: The prior attached Exhibit "A" to the October 9, 2007 Agreement is hereby replaced with the attached, Revised Exhibit "A." SECTION FOUR: The prior attached Exhibit `B" to the October 9, 2007 Agreement is hereby replaced with the attached, Revised Exhibit `B." SECTION FIVE: All other terms and conditions of the October 9, 2007 Agreement remain unchanged. WITNESS our Hands and Seals on this Z day of f2 bru a,r 2008. THE EMPOWERMENT ALLIANCE OF SW FLORIDA COMMUNITY DEVELOPMENT CORPORATION E (SPONSOR SEAL) By: EDWARD ESKY CHA-1k1QAN ATTEST: DWIGHT E. BROCK, CLERK By: aAAkk k, .c- - atts, is LO l e a Berk i1 tw* 001 1M Approved as to form and 0 County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA By: TOM HENNING, CHAIRM e Page 2 of 2 Item # ' Agenda a�a -08 Gate Date Red a _ n� Recd v 16B29 AGREEMENT BETWEEN COLLIER COUNTY AND THE EMPOWERMENT ALLIANCE OF SW FLORIDA COMMUNITY DEVELOPMENT CORPORATION (EASF) SHIP HOMEBUYER EDUCATION AND COUNSELING CSFA #52.901 r?t 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 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. EASF /SHIP Page 1 of 15 2007 Agreement for Homebuyer Education & Counseling 16D29 NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. (1) "COUNTY" means Collier County, and where applicable, its authorized representative(s). (2) "SHIP" means the State Housing Initiatives Partnership Program of Collier County. (3) "HHS" means the Housing and Human Services Department of Collier County. (4) "SPONSOR" means The Empowerment Alliance of SW Florida (EASF). (5) "HHS Approval" means the written approval of Housing & Human Services or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and very low income persons" means the definition set by HUD. (8) "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 the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed TWENTY TWO THOUSAND TWO HUNDRED AND 00/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 (1) of this Agreement. Vt. 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 Page 2 of 15 2007 Agreement for Homebuyer Education & Counseling 16 ®29 specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED 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 guidelines and regulations. Prior to execution by the SPONSOR of any subcontract hereunder, 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 Program 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 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, approved by the COUNTY and signed by each Party's authorized representatives. 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 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 thereof, 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 Page 3 of 15 2007 Agreement for Homebuyer Education & Counseling 16 D 29 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 time 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 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 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 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 reserves 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 Agreement, it will be acting as an independent agent and that its employees 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. VIII. ADMINISTRATIVE REQUIREMENTS EASF /SHIP Page 4 of 15 2007 Agreement for Homebuyer Education & Counseling 16029 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 agrees 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 1. 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 Agreement shall be surrendered to HHS if requested. In any event the SPONSOR shall keep all documents and records for three (3) years after expiration of this Agreement. 3. SPONSOR shall submit monthly regorts while work is underway and if applicable annual beneficiary reports by July 30 , to HHS using 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 -110, 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 Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL HHS. COUNTY AND SHIP REQUIREMENTS 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. 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 Page 5 of 15 2007 Agreement for Homebuyer Education & Counseling 16 D 29 management letter, made in accordance with the general program requirements of OMB Circulars A -110 (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 bome by the SPONSOR. In the event the SPONSOR is exempt from having an audit conducted under A -133 (Audits of State, Local Govemments, 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 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 return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS 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 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 agrees 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 evaluation conclusions based on the terns of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SPONSOR agrees to famish upon request to HHS, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary 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 enable HHS to evaluate said progress and to allow for completion of reports required 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 Page 6 of 15 2007 Agreement for Homebuyer Education & Counseling 16D2 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, the 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 preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). E. DRUG -FREE WORKPLACE REQUIREMENTS 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 bclief, that: 1. No SHIP /STATE 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 SHIP /STATE contract, the making of any SHIP /STATE grant, the making of any SHIP /STATE loan, the entering into of any cooperative agreerent, and the extension, continuation, renewal, amendment, or modification of any SHIP /STATE contract, grant, loan, or cooperative 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, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. EASF /SHIP Page 7 of 15 2007 Agreement for Homebuyer Education & Counseling 16029 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 Agreement 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) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. EASF /SHIP Page 8 of 15 2007 Agreement for Homebuyer Education & Counseling WAME X11. 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 Aday of f/1 200—&! THE EMPOWERN!ENT ALLIANCE OF SW FLORIDA CONMUMW t �/ 0 %•�' I By o •/ ' ' • • � " ii •� ATTEST: DWIGYM,,,t AkOCj�,CTT-RK EASF /SHIP Page 9 of 15 2007 Agreement for Homebuyer Education & Counseling i••'i• • •• • I 1 • iv 16029 EXHIBIT "A" SCOPE OF SERVICES EMPOWERMENT ALLIANCE OF SW FLORIDA (EASF) SHIP HOMEBUYER EDUCATION AND COUNSELIN G 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 income households in Eastern Collier County. This program will be for residents of Collier County and will consist of homebuyer education and on- to -one counseling for potential new homebuyers in Collier County. The SPONSOR agrees to complete the following: a. Approved evaluation/survey for each class participant must be 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 Easter Collier County including hnmokalcc, and 3 classes at the Collier County Extension office in Naples e. Reach 120 attendees per year d. SHIP funding will provide for a Homebuyer Counselor/Homebuyer Instructor and supplies. The SPONSOR will be 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 services, postage Food & Refreshments TOTAL SHIP FUNDS $22,200.00 EASF /SHIP Page 10 of 15 2007 Agreement for Homebuyer Education & Counseling 16 B29 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 be: Milestone Deadline Offer Intro class 7 times per year 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 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 BCCfor approval E. REPORTS: The SPONSOR shall submit detailed monthly progress reports to HHS outlining the status of specific activities under 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 invoices, etc. for reimbursement. 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 sheet and evaluation for each participant. Final payment to be tied to reaching the total number of participants. $1500 per class for 10 classes = $15,000 Payment will be rendered on a monthly basis for counseling. Documentation 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 include copies, printing, books, or snacks — up to $1100 EASF /SHIP Page l 1 of 15 2007 Agreement for Homebuyer Education & Counseling EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT SPONSOR Name: The Empowerment Alliance of SW Florida (EASF) SPONSOR Address: 750 South Fifth StreeL Lmmokalee. FL 34142 Project Name: Homebuyer Education and Counseling Project No: SHIP Payment Request # Dollar Amount Requested: $ SECTION 11: STATUS OF FUNDS 1. Grant Amount Awarded 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 S. Amount of Today's Request 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. 16D29 $ 22,200 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 for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Dept Director Date (approval authority under $14,999) (approval required $15,000 and above) EASF /SHIP Page 12 of 15 2007 Agreement for Homebuyer Education & Counseling 16029 EXHIBIT "C" SHIP MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing & Human Services staff by the 10 of the following month. Status Report for Month of Submittal Date: Project Name Homebuyer Education and Counseling Project Number SHIP Activity Number SPONSOR: Empowerment Alliance of SW Florida (EASF) Contact Person Dottie Cook, Executive Director Telephone: 039) 658 -3315 Fax: (239) 657 -3084 E -mail: easf(&earthlink,net I. 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 Page 13 of 15 2007 Agreement for Homebuyer Education & Counseling 16D29 6. New participants enrolled this month (if applicable): Name of Participant, Address & Phone Number Name of class Date of class Mace (see definitions Ethnicity (see definitions Toml Number of Fxtrcmely Very on following on following Households or Persons Low biome Low Inume page) page) Assisted -80% ) (0-30%) (31 -50%) T7 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the 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. However, if one person received TWO services 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 of beneficiaries in the blank space and in box "l. " INCOME Of the households or persons assisted, are extremely 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, are low- income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE. The total of boxes 2, 3 and 4 should equal the number in box L FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX BOX BOX BOX BOX5 Toml Number of Fxtrcmely Very Low Im:ome Funale Head of Households or Persons Low biome Low Inume (51 Household Assisted -80% ) (0-30%) (31 -50%) EASF /SHIP Page 14 of 15 2007 Agreement for Homebuyer Education & Counseling 16D29 Sponsors must indicate total beneficiaries for Race AND Ethnicity 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 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: 1. 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 Ethnicity Beneficiaries White Race # Total # Hfspanle Black or African American Asian American Indian or Alaskan Native Native 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 TOTAL: 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 Page 15 of 15 2007 Agreement for Homebuyer Education & Counseling I. Q E. REVISED EXHIBIT "A" SCOPE OF SERVICES EMPOWERMENT ALLIANCE OF SW FLORIDA (EASF) SHIP HOMEBUYER EDUCATION AND COUNSELING THE SPONSOR AGREES TO: PROJECT SCOPE: 16 D29 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 income households in Eastern Collier County. This program will be for residents of Collier County and will consist of homebuyer education and on- to -one counseling for potential new homebuyers in Collier County. The SPONSOR agrees to complete the following: a. Approved Class evaluation/survey €ee eaeh elass partieip summary must be 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 Easter Collier County including Immokalee, 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 be responsible for providing supporting documentation for services when a request for payment is made to HHS. The SPONSOR further agrees that HHS, in consultation with any parties HHS deems necessary, shall be the final arbiter on the SPONSOR's compliance with the above. BUDGET: Line Item: SHIP Funds Salaries Supplies Printing /Manuals Copy services, postage Food & Refreshments TOTAL SHIP FUNDS $22,200.00 EASF /SHIP Page 10 of 15 2007 Agreement for Homebuyer Education & Counseling 16 B 29 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 class 7 times per year 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 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 BCC for approval. E. REPORTS: The SPONSOR shall submit detailed monthly progress reports to HHS outlining the status of specific activities under 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 invoices, etc. for reimbursement. 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 sheet and-eviert . Final payment to be tied to reaching the total number of participants. $1500 per class for 10 classes = $15,000 Payment will be rendered on a monthly basis for counseling. Documentation 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 $3,100 .. EASF /SHIP Page 1 I of 15 2007 Agreement for Homebuyer Education & Counseling EXHIBIT `B" COLLIER COUNTY HOUSING AND GRANTS REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT SPONSOR Name: The Empowerment Alliance of SW Florida (EASF) SPONSOR Address: 750 South Fifth Street Immokalee, FL 34142 Project Name: Homebuyer Education and Counseling Project No: SH07 -03 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 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 Balance (Initial Grant Amount Awarded Less Sum of all Requests) 16 D 29 $ 22,200 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 for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor_ Dept Director Date (approval authority under $14,999) (approval required $15,000 and above) EASF /SHIP Page 12 of 15 2007 Agreement for Homebuyer Education & Counseling 16D30 2007 -2008 THE STATE OFFICE ON HOMELESSNESS CHALLENGE GRANT AGREEMENT Collier County Board of County Commissioners and State of Florida Department of Children and Families WHEREAS the State Office on Homelessness of the Department of Children and Families (hereinafter Department) with the concurrence of the Council on Homelessness has been tasked by section 420.622 Florida Statutes, to accept and administer monies appropriated to it for the purpose of awarding challenge grants to lead agencies for homeless assistance continuums of care, and WHEREAS the Department has received a grant application from Collier County Board of County Commissioners in Collier County, (hereinafter Grantee), and WHEREAS it appears to the department that there is a need to provide the services described in that application, NOW, THEREFORE, The Department hereby awards the sum of $140,000.00 Dollars to Grantee under the following terms and conditions: 1. The application filed with the Department by the Grantee dated July 02, 2007 and attached to this agreement as Attachment I is hereby incorporated within this agreement as if fully set out at length here. The solicitation document upon which that application is based is also hereby incorporated within this agreement as Attachment II. 2. Grantee hereby agrees to perform the tasks and to provide the services described in that application as described in Attachment I with the following exceptions and/or special conditions: A. Grantee agrees that Challenge Grant funds can not be used to purchase /lease /rent any motor vehicle without legislative approval. Challenge Grant funds designated for sub - grantee St. Matthews House will be used to purchase transportation for the homeless through public transportation systems and expenses related to the operation and maintenance of the sub - grantee's existing passenger van. B. Grantee agrees to provide a copy of sub - grantee St. Matthew House van's Title prior to or upon request for the first release of funds. The Title will identify the passenger van used that will be subject to this grant's funds. C. Grantee agrees to provide an executed copy of each sub - grantee grant(s) prior to or upon request for the first release of funds. GRANT #HFZ23 2007 -2008 16D30 THE STATE OFFICE ON HOMELESSNESS D. Grantee agrees to provide a signed copy of the informal dispute resolution it will use as identified in paragraph 12. of this agreement prior to or upon request for the first release of funds. E. Grantee agrees to provide the required monthly status reports no later than the 20'h day of each month following the month of services provided. Failure to do so, will require the Grantee to provide a separate report stapled to the status report outlining why the report was late and what actions will be taken to prevent any future late reports. 3. Grantee agrees that it will award sub -grants as described in its application and that it will do all those things which it asserted that it will do in that application including supervising and coordinating expenditures made by sub - grantees. The sub -grant agreements executed by the grantee with the other entities carrying out activities funded under this grant agreement, shall provide that such sub - grantees shall be required to participate in the local homeless management information system for the continuum of care in conformance with state and federal law. Grantee further agrees that it will use due diligence in supervising its sub - grantees to assure that funds are expended for the purposes intended and that a full accounting for these grant funds is made. 4. Where there is a conflict between the grant application incorporated herein by reference and this Challenge Grant Agreement, this Challenge Grant Agreement shall prevail. 5. In accordance with sections 11.062 and 216.347, F.S., no funds provided by this grant may be expended for the purpose of lobbying the Legislature, the judicial branch, or a state agency. 6. This Challenge Grant Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the applicable State of Florida laws. Each party shall perform its obligations herein in accordance with the terms and conditions of this grant agreement. It is hereby agreed by the parties that in the event that litigation by either party to this grant agreement becomes necessary that venue shall be proper in Leon County, Florida. 7. Grantee agrees to maintain complete, accurate and adequate records, including financial records, relating to funds received pursuant to this Challenge Grant Agreement and of all expenditures made by Grantee and its sub - grantees with grant funds. The Grantee will require audit and record keeping requirements in all sub - grants and assignments. All records shall be in sufficient detail to permit a proper pre audit and a post audit of all expenditures. 8. Grantee agrees to provide a financial and compliance audit to the Department as specified in this Challenge Grant Agreement and in the Financial and Compliance Attachment (Attachment 111) and to ensure that all related party transactions are disclosed to the auditor. 9. Grantee agrees to retain all financial records, supporting documents, statistical records and any other documents, whether kept by electronic storage media or otherwise, pertinent to this Challenge Grant Agreement for a period of not less than six (6) years after the starting date of this Challenge Grant Agreement, or if audit findings have not been resolved at the end of the six (6) year period, the records shall be retained until resolution of the audit findings. State auditors 2 GRANT #HFZ23 16D30 2007 -2008 THE STATE OFFICE ON HOMELESSNESS and any persons duly authorized by the Department shall have full access to, and shall have the right to examine any of the said materials at any time during regular business hours. 10. Grantee agrees to furnish the Department with monthly status reports on the form included in Attachment II. 11. Grantee agrees to be liable for all claims, suits, judgments, or damages, including court costs and attorney's fees, arising out of the negligent or intentional acts or omissions of the grantee, and its agents, sub - grantees and employees, during performance pursuant to this Challenge Grant Agreement. Further, the Grantee agrees to indemnify the Department against all claims, suits, judgments, or damages, including court costs and attorney's fees, arising out of the negligent or intentional acts or omissions of the Grantee, and its agents, sub - grantees, and employees, during performance pursuant to this Challenge Grant Agreement. (NOTE: This paragraph is not applicable between state agencies or subdivisions, as defined in subsection 768.28(2), F.S.) 12. Grantee agrees to establish an informal dispute resolution process with which to resolve any disputes between the Grantee and any sub - grantees or recipients. Disputes between the Grantee and any sub - grantees will be resolved in accordance with those procedures. 13. As required by section 286.25, F.S., if the Grantee is a non - governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this grant agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (insert Grantee's name) and the State of Florida, Department of Children and Families." If the sponsorship reference is in written material, the words "State of Florida, Department of Children and Families" shall appear in the same size letters or type as the name of the organization. 14. Grantee shall not use or disclose any information concerning a recipient of services under this Challenge Grant Agreement for any purpose prohibited by state law or regulations (except with the written consent of a person legally authorized to give that consent or when authorized by law). 15. The Grantee shall permit Department personnel or representatives to monitor the services that are the subject of this Challenge Grant Agreement. 16. Grantee agrees to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Challenge Grant Agreement. 17. The release of funds shall be subject to the availability of funds and release of funds by the Department, and in accordance with the Request For Release Of Funds Schedule which is incorporated into this agreement as Attachment IV. The Grantee shall prepare and submit a request for release of funds on the Grantee's stationary in accordance with the grant application and the Request for Release of Funds Schedule, Attachment IV. The Department will provide the funds within forty (40) days of the receipt of the request for release of funds. The State of GRANT #HFZ23 2007 -2008 it z THE STATE OFFICE ON HOME SS LESSNE O Florida's performance and obligation to pay under this Challenge Grant Agreement is contingent upon an annual appropriation by the Legislature. 18. Any notice that is required under this Challenge Grant Agreement shall be in writing and sent by hand delivery, U.S. Postal Service Certified mail, return receipt requested, or any expedited delivery service that provides verification of delivery. Said notice shall be sent to the representative of the Grantee responsible for administration at the designated address contained in this Challenge Grant Agreement. 19. This Challenge Grant Agreement shall be effective on February 01, 2008, or on the date on which the Challenge Grant Agreement has been signed by both parties, whichever is later. It shall end at midnight, local time in Tallahassee, Florida, on June 30, 2008 or upon completion of the grant funded activities, whichever is earlier. 20. In the event funds for payment pursuant to this Challenge Grant Agreement become unavailable, the Department may terminate this Challenge Grant Agreement upon no less than twenty -four (24) hours notice in writing to the Grantee. Said notice shall be delivered by hand delivery, U.S. Postal Service, or any expedited delivery service that provides verification of delivery. The Department shall be the final authority as to the availability and adequacy of state funds. In the event of termination of this Challenge Grant Agreement, the Grantee will be compensated for any work satisfactorily completed. 21. Grantee agrees to return to the Department any overpayments or funds disallowed pursuant to the terms and conditions of this Challenge Grant Agreement that were disbursed to the Grantee by the Department. In the event that the Grantee or its independent auditor discovers that an overpayment has been made, the Grantee shall repay said overpayment immediately without prior notification from the Department. In the event that the Department first discovers an overpayment has been made, the grant manager, on behalf of the Department, will notify the Grantee by letter of such findings. Should repayment not be made forthwith, the Grantee will be charged at the lawful rate of interest on the outstanding balance after Department notification or Grantee discovery. 22. Construction, Renovation, or Purchase of Real Property Using State Funds: In accordance with Section 402.73(3) Florida Statutes (2005), if this grant includes funds for the purchase of or improvement to real property the provision of grant funds are contingent upon the grantee granting to the state a security interest in the property at least to the amount of the state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. As a condition of receipt of state funding for this purpose, the grantee agrees that, if it disposes of the property before the department's interest is vacated, the grantee will refund the proportionate share of the state's initial investment, as adjusted by depreciation. 23. Any modification of provisions of this Challenge Grant Agreement shall be approved at the Department's district level. Approval of any modification of provisions of this grant shall occur only after receipt by the Department of a signed certification of consistency of the proposed change with the continuum of care plan. Written approval of any such modifications shall be attached to the original of this Challenge Grant Agreement and a copy shall be sent to the Office on Homelessness. 4 GRANT #HFZ23 2007 -2008 24. Official Name of Payee and Representatives: 16 D�oTHE STATE OFFICE ON HOMELESSN A. The official Grantee name, as shown on page one (1) of this Challenge Grant Agreement and as listed in MyFlorida Market Place, and mailing address as listed in MyFlorida Market Place, to whom the Department shall issue payment is: Collier County Board of County Commissioners 2800 North Horseshoe Drive Naples, FL 34104 B. The name, address, telephone number, and email address of the grant manager for the Grantee under this Challenge Grant Agreement is: Marcy Krumbine, Director of Housing and Human Services 3050 North Horseshoe Drive, Suite 110 Naples, FL 34104 Phone: 239 - 252 -8442 E -Mail: MarcyKrumbine @colliergov.net C. The name, address, telephone number, and email address of the grant manager for the Department under this Challenge Grant Agreement is: Robert Farr 2295 Victoria Avenue Fort Myers, FL 33901 Phone: 239- 338 -1295 E -Mail: Robert Farr @DCF.State.Fl.us 25. This Challenge Grant Agreement and its attachments and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this Challenge Grant Agreement shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. If any term or provision of this Challenge Grant Agreement is legally determined unlawful or unenforceable, the remainder of the Challenge Grant Agreement shall remain in full force and effect and such term or provision shall be stricken. IN WITNESS THEREOF the parties hereto have executed this 220 page Challenge Grant Agreement, by their undersigned officials as duly authorized. ATTEST:.,', DWIGHT .E.;.BRaX, CLERK •t01' to I "lot. � Appr t legal sufficiency Jeffrey . Klat ow Chief sistan ounty Attorney GRANTEE: Collier Count/ Board olCounty Commissioners Signed By: i Name: rO(Y� IACY)nI()) Title: ��1w(mc+n 64(d A �(1 4 �VJV1rniSSr�nerj Date: Fek . 121 2 oU 19 GRANT #HFZ23 2007 -2008 Grantee Federal EID #: 596000558 Grantee Fiscal Year Ending Date: 09/08 16 B30 THE STATE OFFICE ON! STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMIL / /%� Signed By: // Name: Harriet A. Coleman Title: Circuit Admini ator Date- 6 GRANT #HFZ23 16 B30 COPY ATTACHMENT I NAPLES /COLLIER COUNTY CONTINUUM OF CARE STATE CHALLENGE GRANT APPLICATION CSFA 60.014 FISCAL YEAR 2008 SUBMITTAL DUE DATE JULY 2, 2007 o6c67 COLLIER COUNTY CHALLENGE GRANT APPLICATION FY 2008 TABLE OF CONTENTS Content 1. Cover Letter 2. Budget F & G (3 funding levels) 3. Certification of Consistency (back -up documentation) 4. Narrative S. Exhibit C Quality of Services (back -up documentation) S. Exhibit D Leverage — (back -up documentation) 7. Homeless Need — Exhibit E (back -up documentation) 8. Ability to Complete 9. Performance Measures 00.008 Page 1 2-5 6 -14 15 -16 17 -20 21 -30 31 32 -59 60 61 -64 65 66 16D30 I 16 D30 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 June 29, 2007 Tom Pierce, Director Office on Homelessness Department of Children & Families 1317 Winewood Blvd Tallahassee, FL 32399 -0700 Dear Mr. Pierce: Enclosed please find one original and three copies of Collier County's Homeless Continuum of Care Challenge Grant CSFA 60.014. Collier County is submitting a request for a $140,000 Challenge Grant to implement three (3) homeless initiatives in our community. The three (3) agencies requesting funds are: ♦ Collier County Hunger & Homeless Coalition -- $65,000 to support INCCC which is our local HMIS system. ♦ Shelter for Abused Women & Children -- $59,000 for case management staff to support homeless victims of domestic violence ♦ St. Matthew's House -- $16,000 to leverage private funds to purchase a passenger van Collier County's Gaps Analysis and annual homeless count demonstrate a need for additional case management, housing and support services that are requested in this grant application. The point of contact for Collier County's homeless assistance request is Susan Golden, Federal /State Grants Administration Manager in our Housing and Human Services Department. Ms. Golden can be reached at (239) 213 -2901 or at Susan olden a collier ov net. This application will be presented to the Board of County Commissioners on July 24, 2007 to ratify my actions in accordance with CMA Policies. We look forward to hearing from the Office on Homelessness regarding the funding of Collier County's Challenge Grant. If you should have any questions please do not hesitate to contact Susan Golden or Marcy Krumbine, Housing & Human Services Director for additional information. Thank you. Sincerely, lames V. Mudd County Manager 00009 A- Grant Activity /Use 1 Maintain, support and expand local HMIS systemllNCCC 2 Supportive services & Case Managers (FT & PT) for DV homeless 3. Passenger van to provide transportation for homeless TOTAL GRANT EXHIBIT F BUDGETFORM Agency $ Requested Provider Name $65,000 Collier County $59,000 $16,000 $10M Hunger & Homeless Coalition /INCCC Shelter for Abused Women & Children St. Matthew's House 0001.0 Existing New Service ervice YES YES/ expan agencies YES NO YES NO 16 B30 Number Served Approx450 Approx 46 Approx700 1,196 is To Be Grant Activity /Use 1. HMISIINCCC 2. Shelter slat services /case mgrs 3. St. Matt's passenger van 4. 5. 16D30 EXHIBIT G EXPENDITURE SCHEDULE TOTAL GRANT $140,000 $14,750 $37,750 $28,209 $59,291 NOTE: The funding for the Challenge Grant is state general revenue. It is estimated that no more than 25 percent of the grant budget authority will be released in each quarter of the fiscal year. It may be less than 25 percent. Accordingly, the lead agency shall manage the expenditures to assure that funding available for grant activities is spread across the fiscal year. ALL GRANT FUNDS SHALL BE OBLIGATED, AND SERVICES PROVIDED BY JUNE 30, 2008. FURTHER, ALL CHALLENGE GRANT FUNDS SHALL BE DRAWN PRIOR TO JUNE 30, 2008 AS WITH EXHIBIT F, you may submit three Exhibit G forms to correspond to the three possible grant award levels. 0010 1 `3 Estimate Draw By Quarter Ending Budc jeted 9130107 12131107 3131108 6130108 $65,000 $0 7 000 1$ 3,459 $44,541 $59,000 $14,750 $14,750 $14.750 $14 750 $16,000 $0 $16,000 $ $— TOTAL GRANT $140,000 $14,750 $37,750 $28,209 $59,291 NOTE: The funding for the Challenge Grant is state general revenue. It is estimated that no more than 25 percent of the grant budget authority will be released in each quarter of the fiscal year. It may be less than 25 percent. Accordingly, the lead agency shall manage the expenditures to assure that funding available for grant activities is spread across the fiscal year. ALL GRANT FUNDS SHALL BE OBLIGATED, AND SERVICES PROVIDED BY JUNE 30, 2008. FURTHER, ALL CHALLENGE GRANT FUNDS SHALL BE DRAWN PRIOR TO JUNE 30, 2008 AS WITH EXHIBIT F, you may submit three Exhibit G forms to correspond to the three possible grant award levels. 0010 1 `3 16 B30 Proposed Budget at $100,000 Award Level EXHIBIT F BUDGETFORM Grant Activity /Use $ Requested $40,000 Agency Provider Name Existing Service New ervice Number Served Approx 410 1.Maintain, support and expand Collier County YES YES/ local HMIS system /INCCC $8,000 Hunger & Homeless expan agencies $0 $10,000 $— $— Coalition /INCCC 2. Support Services & Case $50,000 Shelter for Abused YES NO Approx.46 Managers (FT& PT) DV homeless Women & Children 3. Passenger van to provide $10,000 St. Matthew's House YES NO Approx 700 transportation for homeless TOTAL GRANT $1Q0 1 156 etal Perso s To Be Grant Activity /Use 1. HMIS /INCCC 2. Shelter spt services& case mgrs 3. St. Matt's van 4. 5. Served EXHIBIT G EXPENDITURE SCHEDULE TOTAL GRANT $100,000 $88,000 $21000 $24,M $44,000 NOTE: The funding for the Challenge Grant is state general revenue. It is estimated that no more than 25 percent of the grant budget authority will be released in each quarter of the fiscal year. It may be less than 25 percent. Accordingly, the lead agency shall manage the expenditures to assure that funding available for grant activities is spread across the fiscal year. ALL GRANT FUNDS SHALL BE OBLIGATED, AND SERVICES PROVIDED BY JUNE 30, 2008. FURTHER, ALL CHALLENGE GRANT FUNDS SHALL BE DRAWN PRIOR TO JUNE 30, 2008 0010 19 Estimate Draw By Quarter Ending Bud eted 9/30107 12131107 3131108 6130108 $40,000 $0 $0 $10.000 $30,000 $50,000 $8,000 $14,000 $14,000 1$ 4,000 $10,000 $0 $10,000 $— $— TOTAL GRANT $100,000 $88,000 $21000 $24,M $44,000 NOTE: The funding for the Challenge Grant is state general revenue. It is estimated that no more than 25 percent of the grant budget authority will be released in each quarter of the fiscal year. It may be less than 25 percent. Accordingly, the lead agency shall manage the expenditures to assure that funding available for grant activities is spread across the fiscal year. ALL GRANT FUNDS SHALL BE OBLIGATED, AND SERVICES PROVIDED BY JUNE 30, 2008. FURTHER, ALL CHALLENGE GRANT FUNDS SHALL BE DRAWN PRIOR TO JUNE 30, 2008 0010 19 16 B30 Proposed Budget at $60,000 Award Level EXHIBIT F BUDGET FORM Grant Activity /Use S Requested $30,000 Agency Provider Name Existing Service New ervice Number Served Approx 410 1.Maintain, support and expand Collier County YES YES/ local HMIS system /INCCC $2_3 Hunger & Homeless expan agencies $10,000 $10,000 $ Coalition /INCCC $ $ $— 2.SupporGve services & Case $30,000 Shelter for Abused YES NO Approx.34 Manager (FT) for DV homeless Women & Children TOTAL GRANT $60,000 444 otal Perso s To Be Served Grant Activity /Use 1. HMIS /INCCC 2. Shelter Case Manager/ services 3. 4. 5. EXHIBIT G EXPENDITURE SCHEDULE TOTAL GRANT $60,000 $0 $10,000 $17,000 $33,000 NOTE: The funding for the Challenge Grant is state general revenue. It is estimated that no more than 25 percent of the grant budget authority will be released in each quarter of the fiscal year. It may be less than 25 percent. Accordingly, the lead agency shall manage the expenditures to assure that funding available for grant activities is spread across the fiscal year. ALL GRANT FUNDS SHALL BE OBLIGATED, AND SERVICES PROVIDED BY JUNE 30, 2008. FURTHER, ALL CHALLENGE GRANT FUNDS SHALL BE DRAWN PRIOR TO JUNE 30, 2008 Estimate Draw By Quarter Ending Budgeted 9130107 12131107 3131108 6130108 $30,000 $ $ $7,000 $2_3 $30,000 $— $10,000 $10,000 $10,000 $ $ $ $ $— TOTAL GRANT $60,000 $0 $10,000 $17,000 $33,000 NOTE: The funding for the Challenge Grant is state general revenue. It is estimated that no more than 25 percent of the grant budget authority will be released in each quarter of the fiscal year. It may be less than 25 percent. Accordingly, the lead agency shall manage the expenditures to assure that funding available for grant activities is spread across the fiscal year. ALL GRANT FUNDS SHALL BE OBLIGATED, AND SERVICES PROVIDED BY JUNE 30, 2008. FURTHER, ALL CHALLENGE GRANT FUNDS SHALL BE DRAWN PRIOR TO JUNE 30, 2008 16 D30 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 CERTIFICATION OF CONSISTENCY WITH CONTINUUM OF CARE PLAN This is to certify that the following activities are consistent with the Collier County's 2007 Continuum of Care Plan. Collier County Hunger and Homeless Coalition INCCC /HMIS request for funding to maintain and expand the HUD mandated information system has been an invaluable case management tool for the ten (10) agencies currently participating in the program. This project is identified in CoC Part III N 10 -Year Plan as objective #5 on page 20; Chart M HMIS Charts page 17 -18, Funding Priorities Q page 28, and Chart U Achievements Chart and are attached for your review. Shelter for Abused Women and Children request financial assistance in hiring 1.5 case managers to work with homeless victims of domestic violence in their Naples and Immokalee offices. Women and children participating in the emergency shelter program would receive case management assessments and supportive services to assist them in securing additional mainstream resources. This project is identified in CoC Part III N 10 -Year Plan as objective #7 and 4 on pages 21 -22; in addition Shelter services are identified in Chart Q Funding Priorities and Chart X and are attached for your review. St. Matthew's House homeless shelter is requesting a small grant to leverage private dollars received for the purchase of a passenger van to provide transportation for the homeless men, women and children who reside at St. Matthew's House. This project involves transportation to needed community services and is identified in CoC Part III N 10 -Year Plan as objective #4 and 96 on pages 22 which are attached for your review. 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O py Q cE '.Cl .� a o b N N U w o F4 O N> F7 a tU-i U 0 b U U 0.0 b. ° o b .� `a v ca o 0 0� 0.1 w O a> .: N O U s N tiyo q °�� ' O y "' '4a �C y off w ° a3 M y Y •y A °yam CA'd Y •O a� C H o 0 y C cu oq o �, O iC a y U w Q O N b❑ m y k U> U R. y cn U a c6 y U u O b0 O m b 'a O w y by o spay ,s o Gn � U U O y� ❑y .U, O N y� y O N E b0 w w 16 D30N1i O a\ O O �q C O w W U w 0 8 O 0 0 N b 0 w 9 O U 0 CC18 �� 16 D30 CoC 2007 Funding Priorities Q: CoC Project Priorities Chart Column (1): New this year, check the box in this column if the first project listed is a proposed Samaritan bonus project. Column (5): The requested project amount must not exceed the amount entered in the project summary budget in Exhibit 2. If the project summary budget exceeds the amount shown on this priorities list, the rp oiect budget will be reduced to the amount shown on the CoC Project Priorities Chart. Column (7): Place the component type under the appropriate program for each project in column 7. Acceptable entries include PH, TH, SH -PH, SH -TH, SRO, SSO, HMIS, TRA, SRA, PRA, or PRAR. Do not simply enter an "X" in the box provided. Column (9): For the Shelter Plus Care Renewals priority number, please continue project numbering from the top portion of the chart —please do not restart S +C project priority numbering from 1. HUD - defined CoC Name:* CoC #. (1) (2) (3) (4) (5) (6) (7) Program and Coin Type SF -424 Al Requested 5 SHP SC SRO Applicant Name Project Sponsor Project c Project Name Name P: Amount H Tt" z ® ** SAWCC, Inc. Shelter for Abused Women & Transitional Housing Renewal 1 $339,000 3 TH Children Collier Co Hunger & Collier Co Hunger & Homeless HMIS renewal 2 $104,645 1 HMIS Homeless Coalition Coalition 3 4 5 6 (8) Subtotal: Requested Amount for CoC $443,645 Competitive Projects: 9 Shelter Plus Care Renewals: S +C Component Type 7 1 g 1 9 1 (10) Subtotal: Requested Amount for $0 S +C Renewal Projects: (11) Total CoC Requested Amount $443,645 line 8 +line 10 *HUD - defined CoC names & numbers are avauabte at: ntmp JJWww nua Hoviuiuws KEM.IN CoC -Q * *Check this box if this is a #1 priority Samaritan bonus project. Collier County, Florida 2007 Continuum of Care Exhibit I Form HUD- 40090 -1 OCC19 k ' 2s 16 D30 Part IV: CoC Performance U: CoC Achievements Chart For the five HUD national objectives in the 2006 CoC application, enter the 12 -month measurable achievements that you provided in Exhibit 1, Chart N of the 2006 CoC application. Under "Accomplishments," enter the numeric achievement that your CoC attained within the past 12 months that is directly related to the measurable achievement proposed in 2006. Below, if your CoC did not meet one or more of your proposed achievements, please describe the reasons for this. 2006 objectives tT End Chronic 12 -month Measurable mplishments Homelessness anchievement Proposed in 2006 L(EEnter Move Families anIndividuals to Chart N of your 2006 CoC applicatiumeric achievement Permanent Housi in ast 12 months 1. S ecure additional beds through new 1. 9 out of 16 existing PH beds construction at First Assembly Ministries; are currently occupied by the Pursue collaborative applications to provide S +C Chronic Homeless as of beds and/or housing (CCHA) January 2007. 1. Create new PH beds 2. Application made to increase for chronically 2. Track data through APR reports and HMIS housing during 2006 -2007 homeless persons. data extraction cycle. No funding awarded/No new PH beds added in 2006. 3. HMIS ex anded 1. Increase PH beds from current 38 to 100 during 1. 100% or 21 homeless persons phase of 10 year plan or 163% increase stayed in PH over 6 months. 2. Increase percentage of 2. Secure beds through new construction, homeless persons staying rehabilitation or expansion and/or increase 2. No new beds created. in PH in next 12 months number of TBRA vouchers (serving 20 families 3. TBRA program expanded by 5 %. per year /current funding $350,000). with HOME and local funds 3. Track percentages through APR reports and HMIS data extraction t. Track percentages though APR reports and 1. 71 % or 27 homeless persons 3. Increase percentage of HMIS data extraction moved from TH to PH in past homeless persons moving 2 Increase number of TBRA vouchers (serving 20 year from TH to PH to 10% families per year /current funding $350,000). 2. TBRA program serves 28 per year households 4. Increase percentage of 1. Identify baseline of employed in FY 2006 and l 95% or 38 homeless persons homeless persons monitor increases on an annual basis. sheltered became employed in becoming employed by 2. Track percentages though APR reports and past year 1 L %. H 41S data extraction 1. Continue entering data by HMIS participating 1. All six (6) agencies are entering agencies (6 Total): Child Care of SW Fl.; data. 5. Ensure that the CoC Collier County Human Services Department; 2. A new vendor was secured in has a functional HMIS David Lawrence Center, Immokalee Friendship April 2006,2 months in advance system. House; St. Matthew's House; Catholic of goal of 6/2006 Charities) 3. Physician Lead Access Network 2. Secure new vendor /Client Track. Net by (PLAN) signed an agreement on Collier County, Florida 2007 Continuum of Care Exhibit 1 0 c:¢z0 Form HUD - 40090 -1 32 6/2006 Expand from current 6 HMIS participants to 1 tive users in the next 10 years 16D30 Feb. 2007; Immokalee Non -Profit Housing and Youth Haven have also signed a USER Agreement in May 2007 becoming active partners in HMIS. As of May 2007 have 9 active users organizations with 8 agencies established as baseline goal for Briefly explain the reasons for not meeting one or more of your proposed measurable achievements. All objectives met or on track except for the creation of new Permanent Housing beds. Funding was not available to add new beds. Nine beds at Wolfe Apartment are occupied by chronic homeless. Efforts will continue to create new PH and TH beds. OPTIONAL: If desired, you may use this space to describe your CoC's most significant accomplishments over the past 12 months. Our community's HMIS system overcame many obstacles primarily attributed to an ineffective vendor and software product which caused negative participation levels, difficulty marketing the system to potential new users, and significant delays with entering data and extracting useful statistics from the system. However, the HMIS administrator assisted our community in overcoming many of these obstacles which has led to a productive, effective and marketable project. Some of the major accomplishments are listed below: On 6/26/06: New vendor, ClientTrack.net through Data Systems International, was secured to improve network capabilities, systems improvements and solicitation and securing additional agencies to become active participants in the HMIS system. New vendor and system was obtained due to setbacks, inefficiencies, incapability's with original vendor. On 7/3/06: The Coalition members went live on new DSI ClientTrack.net HMIS software September 18 -19, 2006 National HMIS Conference Birgit Pauli- Haack, Project Management & System Administrator was asked to co- present a conference session entitled: "Changing HMIS Software — What Do I Need to Know? When is the Right Time? What are the Cost Implications ?" September 18 -19, 2006 National HMIS Conference Local HMIS system known as INCCC (Information Network for the Community of Collier County) was one of three recipients of the 2006 HMIS Breakthrough Year Award. INCCC (HMIS) was recognized by HUD for having overcome significant implementation barriers after ongoing challenges with deployment at the local level. March 2007: Physician Led Access Network (PLAN) became an active member of the HMIS program in Collier County, bringing the total of active participants to seven (7). May 2007: Immokalee Non -Profit Housing and Youth Haven became an active partners in HMIS, bringing the total participating organizations to nine (9). Collier County, Florida 2007 Continuum of Care Exhibit t 00CZ1 Form HUD - 40090 -1 CN 33 16D30 X: Mainstream Programs and Employment Project Performance Chart HUD will be assessing the percentage of clients in all your renewal projects who gained access to mainstream services, especially those who gained employment. This includes all S +C renewals and all SHP renewals, excluding HMIS projects. Complete the following charts based on responses to APR Question 11 for each of the renewal projects included on your CoC Priority Chart. For further instructions for filling out this section, see the Instructions section at the beginning of the application. No applicable renewal projects for the Mainstream Programs and Employment Chart are included in the CoC Priorities Chart. All renewal projects on the Cou Priorities Chart that are not exempted from reporting in the APR are included in calculating the responses below. (1) (2) (3) (4) Number of Adults Income Source Number of Exiting i ercent with Who Left (Use same Adults with Each come at Exit number in each cell) Source of Income 3 =C ol 1 x 100) Exam le: 105 a. SSI 40 35 38.1% 33.3% Example: 105 b. SSDI 0 g a. SSI 0 g b. SSDI 0 0 g c. Social Securit 0 0 g d. General Public Assistance 0 0 g e. TANF 1 12.5% g f. SCRIP 0 0 g g. Veterans Benefits 0 0 g h. Em to ment Income 7 87.5% g i. Unem to ment Benefits 0 0 g .. Veterans Health Care 0 0 g k. Medicaid 2 25% g 1. Food Stam s 3 37.5110 8 m. Other ( lease s ecif WIC 3 37.5% g n. No Financial Resources 1 1 12.5% :s4e f�v �w WMq-1v." ` Cl\-Lt,- Collier County, Florida 2007 Continuum of Care Exhibit 1 0 CC ��'0) (3 Form HUD - 40090 -1 36 16 030 (4) NARRATIVE Collier County is submitting a request for a $140,000 Challenge Grant to implement three (3) activities in our community. The three agencies requesting funds are: Activity/Priority #1 Collier County Hunger & Homeless Coalition: Funding Level: Requesting $65,000 to be fully funded at $140,000 level; or $40,000 at $100,000 level; or $30,000 funding at $60,000 Award Level The Coalition is requesting funding to maintain, improve and expand the HUD mandated HMIS system. The Collier County HMIS is known as the Information Network for the Community of Collier County (INCCC). The HMIS /INCCC system has been in place since 2003. Funding for this required resource has come from a number of sources including Community Development Block Grant (CDBG) and Continuum of Care /SHP funds. There are currently 10 participating organizations at various stages of using and implementing the HMIS software for case management. The local HMIS /INCCC Steering Committee has faced a number of challenges in the past few years including a nonperforming vendor and the search and selection of a replacement software provider. As a result of those experiences, the Information Network for the Community of Collier County (INCCC) received recognition from HUD by receiving the 2006 Breakthrough Year Award at the 2006 National HMIS Conference. Funding is needed to continue to maintain and expand this homeless initiative. Full funding of this request would allow for more agencies to participate in HMIS /INCCC. Funding will be used to provide equipment, software, personnel, rent and operational costs. In addition, a portion of the State Challenge grant funding ($24,916) will provide the required match for the 2007 CoC /SHP Dedicated HMIS Renewal application submitted to HUD in June 2007. Funding of HMIS by HUD and the Challenge grant will improve the sharing of data, improve coordination of case management services, streamline resources and improve the o overall Continuum of Care system within Collier County. Activity/Priority #2. Shelter for Abused Women and Children: Funding Level: Requesting $59,000 to be fully funded at $140,000; $50,000 at $100,000 level; or reduced to $30,000 at $60,000 Award Level The grant request of $59,000 will be used to pay for one full -time Shelter Advocate /Counselor and 45% of the cost of a second Shelter Advocate /Counselor who would serve homeless women and children victims of domestic violence. These two positions would assist hundreds of women and children who utilize the services of the Shelter for Abused Women and Children annually. Each Advocate /Counselor will assess residents' short term and long term needs and assist them in accessing mainstream benefits (i.e food stamps, medications, etc.), job placement, life skills to include budgeting, nutrition and self care, court and legal assistance, along with any other basic necessities. aOC23 15 16D30 Activity/Priority #3. St. Matthew's House: Funding Level: Requesting $16,000 (To be fully funded at $150,000; to be funded for $10,000 at $100,000 level; no funding at $60,000 Award Level) A grant request of $16,000 will be used to leverage private donations for the purchase of a passenger van to transport the clients of the St. Matthew's House emergency shelter facility. A local church, Trinity by the Cove recently awarded St. Matthew's House with $14,000 to allow for lease payments on a van. The church was unable to fully fund the request to purchase a passenger van. By securing an additional $16,000 in Challenge grant funds the organization can purchase a van which will provide transportation assistance to the homeless for a longer period of time than a vehicle lease arrangement/payment. Collier County's Gaps Analysis and annual homeless count demonstrate a need for the above mentioned projects being requested in this grant application. 16 aer'2,J 16 D30 EXHIBIT C QUALITY OF SERVICE: CERTIFICATION 1. Chronic Homeless Goals/ Strategies: Past Performance Using information from your 2007 Exhibit 1 Continuum of Care Plan, HUD 40090 -1 CoC -V form, Chronic Homeless Progress Chart complete the following calculation. New PH beds for Chronic Homeless (2/1/06 to 1/31/07) 9 Beds Number of Permanent Beds for Chronic Homeless 2006 0 Beds Divide the Number of New Beds (_2_) by the Total Permanent Beds in 2006 (--L-) ) to calculate the percentage change in Beds (--2-2/0- Documentation Recuired. Attach to this forth, HUD 40090 -1, CoC -V. 2. Continuum of Care Coordination Using information on form HUD 40090- 1,CoC -P, CoC Coordination chart, indicate the number of questions checked "Yes" on the coordination of homeless planning efforts. Checked "Yes" on 4 of the eight questions. (questions 1.a. to 3.a) Documentation Recuired. Attach HUD form 40090 -1, CoC -P 3. Continuum of Care Project Review and Selection Using information from HUD form 40090 -1, CoC -F, Project Review and Selection Chart, section 3, Voting /Decision System, indicate the number of methods or processes used by your continuum. Checked—A--number of the six methods/processes, listed in (a) to (f) Documentation Required • HUD form 40090 -1, CoC -F, 4. Past Performance: Employment Income Using information reported in your 2007 Exhibit 1 Plan, form HUD 40090 -1, CoC -X, Mainstream Programs and Employment Project Performance Chart, enter the percentage of clients in all your renewal projects who gained access to "employment income" at exit from the renewal projects. This data is reported as "h. employment income" under Income Source, with the percentage calculation reported in column 4, "% with income at exit ". 87_5% of Adults with Employment Income at Exit Check here if your continuum reported having no applicable renewal projects on the form. oecz5 11 16 D30 Documentation Required Form HUD 40090 -1, CoC -X, Mainstream Programs and Employment Project Performance Chart. 5. Project Performance: Food Stamp Benefits Using information reported in your 2007 Exhibit 1 Plan, forth HUD 40090 -1, CoC -X, Mainstream Programs and Employment Project Performance Chart, enter the percentage of clients in all your renewal projects who gained access to "Food Stamps" at exit from the renewal projects. This data is reported as "L. Food Stamps" under Income Source, with the percentage calculation reported in column 4, "% with income at exit". 37_5% of Adults with Food Stamps at Exit. _ Check here if your continuum reported having no applicable renewal projects on the form. Documentation Required: Same as for 3 above. One copy only required. HUD 40090 -1, CoC -X, Mainstream Programs and Employment Project Performance Chart. 6. Project Performance -SSI From your 2007 Exhibit 1 plan, report the percentage of clients in all your renewal projects who had SSI income upon exit from the project. On HUD form 40090 -1, CoC -X, report the percentage data as reported in "a. SSI" under Income Source, with the percentage calculation reported in column 4, "% with income at exit" 0% of adults with SSI income at exit _Check here if your continuum reported having no applicable renewal projects on this forth. Documentation Required HUD form 40090 -1, CoC -X, Mainstream Programs and Employment Project Performance Chart. One copy only required for this forth from 3 above. 7. Project Performance- SSDI Using the HUD forth 40090 -1, CoC -X, from your 2007 Exhibit 1 plan, report the percentage of clients in all your renewal projects who had SSDI income upon exit from the project. Report the percentage data as required in 'b. SSDI" under Income Source, with the percentage calculation reported in column 4, "% with income at exit.' 0 % of adults with SSDI income at exit. Check here if your continuum reported having no applicable renewal projects on this form. Documentation Required HUD forth 40090 -1, CoC -X, Mainstream Programs. (Same as required for items 3, 4, and 5 above. One copy only required) 8. Project Performance: Permanency of Housing From your 2007 Exhibit 1 Plan, report the percentage of the clients served with permanent housing who remained in this permanent housing for seven months or longer. Using data reported on HUD 40090 -1, CoC -W, Housing Performance Chart, enter the percentage number reported in section 1, Permanent Housing, item "e" [Percentage of all participants in permanent housing project(s) staying seven months or longer]. 0V C,26 IT �Lb D30 % of Participants who stayed 7 months or longer. XX Check here if your continuum reported having no applicable permanent housing renewal projects. Documentation Required Form HUD 40090.1, CoC-W, Housing Performance Chart 9. Project Performance: Transition to Permanent Housing Based on your 2007 Exhibit 1 Plan, report the percentage of all Transitional Housing clients who moved to a permanent lousing living arrangement. Using the data reported on form HUD 40090 -1, CoC -W, Housing Performance Chart, enter the percentage number reported in section 2, Transitional Housing, item "c" jPercentage of participants in transitional housing projects who moved to permanent housing] 75 °/6 of participants in transitional housing who moved to permanent housing. — Check here if your continuum reported having no applicable transitional housing renewal projects. Documentation Required: Same as for 5 above, only one copy is required. • HUD 40090-1, CoC-W, Housing Performance Chart 10. Homeless Management information Systems (HMIS) Coverage. Using information contained in your 2007 Exhibit 1 Plan's Housing inventory Charts (HUD 40090 -1, CoC -I), fill in the following table, and calculate the percentage of all year round unitslbeds in emergency shelter, transitional housing and permanent supportive housing that are covered by HMIS, as defined in the instructions to the HUD form. Housing Category HMIS Covered # Year Round Year– Round Units/Beds Beds TOTAL Year Round Individual Family Total Column.4 Column 1 Col. 2 Col. 3 1 +2 A. Emergency Shelter 136 30 166 224 B. Transitional Housing 26 12 38 80 C. Perm. Supportive Housin L 15 4 19 38 177 46 223 342 D.TOTALS Divide column 3, Total HMIS Covered Year Round Beds, by column 4, Total Year Round Beds, to calculate the percentage of all year round beds for all housing categories that are covered by HMIS. Line D. Column 3 223 divide by Line D. Column 4 342 equals 65.2 of Year Round Beds Covered by HMIS (ALL HOUSING CATEGORIES), Documentation Required • HUD 40090 -1, CoC-I, Permanent Supportive Housing • HUD 40090 -1, CoC -I, Emergency Shelter • HUD 40090 -1, CoC -I, Transitional Housing 0C.C2'r 27 16D30 11. Homeless Population Shelter Coverage Using information reported in your 2007 Exhibit 1 Plan's Homeless Population and Sub - population Chart, complete the calculation below for the percentage of homeless persons that are sheltered in emergency and transitional housing facilities. From HUD form 40090 -1, CoC -K, enter the data below and complete the percentage calculation. 484 Total Homeless Persons in all Households (With dependent children and without dependent children). 365 Total Homeless Persons Sheltered in Emergency and Transitional housing for both households with and without dependent children. Divide the Total Homeless Persons Sheltered 365 by the Total Homeless Persons 484 to determine the 75% percentage of the Total Homeless Persons that are sheltered. Documentation Required • HUD form 40090 -1, CoC -K. 12. Expanded Continuum of Care Catchment Area If your 2007 Exhibit 1 Plan has expanded its catchment area by one or more counties that were not covered by a continuum of care catchment area designated by the Office on Homelessness in 2006, please identify the county(s) added. NOT APPLICABLE 13. Past Performance: Unexecuted HUD Grants. Using the information reported on form HUD 40090 -1, CoC -Z in your 2007 Exhibit 1 Plan, report below the number of HUD McKinney -Vento Act awards announced prior to 2006 that are not yet under contract (i.e. signed grant agreement or executed ACC). 0 Total Number of McKinney -Vento Act awards Not Yet Under Contract. Documentation Required HUD 40090 -1, CoC -Z. Lead Agency Certification I hereby attest that all information reported above is true and accurate, based upon the evidence and documentation attached hereto, and made a part of this certification. Name of Continuum of Care Naples/Collier County CoC Name of Lead Agency Collier County Housing & Human Services Name of Certifying Official James V. d Count Mana er Signature of Certifying Official Date Signed June 29, 2007 Failure to provide an original signed certification for quality of service shall be cause for the application to ranked last on the quality of service preference criteria. 0 CGI3 16D30 DV- oC Chronic Homeless (CH) Progress Chart The data in this chart should come from point -in -time counts also used for Chart K: Populations and Subpopulations Chart and Chart 1: Housing Inventory Chart. For further instructions in filling out this chart, please see the Instructions section. 1. Enter the total number of chronically homeless persons in your CoC and the total number of ermanent housing beds designated for the chronically homeless in your CoC for each ear. Year Number of CH Persons Number of PH beds for the CH 2005 44 0 2006 73 0 2007 52 9 Briefly describe the reason(s) for any increases in the total number of chronically homeless persons between 2006 and 2007: Based on the January 2007 point in time count, there was a decrease of 28.7% 2. Indicate the number of new PH beds in place and made available for occupancy for the chronically homeless between February 1, 2006 and January 31, 2007: 9 3. Identify the amount of funds from each funding source for the development and operations costs of the new CH beds created between February 1, 2006 and January 31, 2007. Public /Government Cost Type HUD McKinney- Vento Other Federal State Local Private Development $ $ $ $ $ Operations $ $ $ $ $ TOTAL $ $ $ $ $ P Collier County, Florida 2007 Continuum of Care Exhibit t Form HUD - 40090 -1 34 0 CQ29 6 D 3 0 P: 5r-oC Coordination Chart oC should regularly assess the local homeless system and identify shortcomings and unmet needs. One of the keys to improving a CoC is to use long -term strategic planning to establish specific goals and then implement short- term/medium -term action steps. Because of the complexity of the existing homeless system and the need to coordinate multiple funding sources, there are often multiple long- term strategic planning groups. It is imperative for CoCs to coordinate, as appropriate, with each of these existing strategic planning groups to meet the local CoC shortcomings and unmet needs. Answer each question in the checkbox provided, using an X to indicate Yes or No for each. 1. Consolidated Plan Coordination Yes No a. Do Con Plan planners, authors and other Con Plan stakeholders participate in CoC eneral Tannin meetin s? M ❑ b. Do CoC members participate in Con Plan planning meetings, focus groups, or public forums? c. Were CoC strategic plan goals addressing homelessness and chronic homelessness used in the development of the Con Plan? ® 0 ❑ 2. Jurisdictional 10 -year Plan Coordination a. Is there one or more formal jurisdictional 10 -year Plan(s) being developed and /or being implemented within your CoC geography that are separate from the CoC 10 -year plan? If No, you may skip to Question 3 a.) b. Do 10 -year Plan conveners, authors and other stakeholders participate in CoC general planning meetings? ❑ ❑ M ❑ c. Have 10 -year Plan participants taken steps to align their planning process with the local CoC plan? ❑ ❑ d. Were CoC strate c plan goals used in the development of the 10-year Plan (s)? El I El e. Provide the number of jurisdictions within your CoC geography that have formally implemented a 10 -year plan(s). 3. Public Housing Agency Coordination a. Do CoC members meet with CoC area PHAs to improve coordination with and access to mainstream housing resources? ❑ ( y Collier County, Florida 2007 Continuum of Care Exhibit I Form HUD - 40090 -1 27 0 c-0,0:0 16 030 V oC Project Review and Selection Chart CoC solicitation of projects and project selection should be conducted in a fair and impartial manner. Please mark all appropriate boxes to indicate all of the methods and processes the CoC used in the past year to assess project(s) performance, effectiveness, and quality, particularly with respect to the Project Priorities Chart (CoC -Q). This applies to new and renewal projects. Check all that apply: ion d. Outreach to Faith -Based Grou s to CoC Membershi pOb'ective Eers e. Announcements at CoC Meetin s Public In uiries f. Announcements at Other Meetings in Measures and Performance Assessment atin &Review Committee Exists j. Assess Spending fast or slow) . b. Review CoC Monitoring Findings L�J k. Assess Cost Effectiveness Findings 1. Assess Provider Organization c. Review HUB Monitoring Experience m. Assess Provider Organization d. Review Independent Audit Capacity e. Review HUD APR for Performance n. Evaluate Project Presentation Results £ Review Unexecuted Grants o. Review CoC Membership Involvement g. Site Visit(s) . Review Match q. Review All Leveraging Letters (to It. Survey Clients ensure that they meet HUD requiremen ts i. Evaluate Project Readiness 3. Voting/Decision System ❑ a. Unbiased Panel / Review Committee One Vote per Organization b. Consumer Re resentative Has a Vote Fe. Consensus (gener Can Vote El £ Voting Members Abstain if Conflict of c. All CoC Members Present Interest G: CoC Written Complaints Chart Were there any written complaints received by the CoC regarding any CoC matter N Yes in the last 12 months? Q No If Yes, briefly describe the complaints and how they were resolved. A tenant of Wolfe Apartments permanent supportive housing program filed a complaint with the County and Miami HUD regarding non - renewal of lease without written cause /justification. The Collier County Housing & Grants section initiated a review of the complaint and provided information to Miami HUD. hi addition, the tenant filed a housing discrimination compliant with HUD which was investigated. have been no other (P ' Collier County, Florida 2007 Continuum of Care Exhibit L Form HUD- 40090 -1 0 0,0 :i 1 Mainstream Programs and Employment Project Performance Chart 16 D 30 HUD will be assessing the percentage of clients in all your renewal projects who gained access to mainstream services, especially those who gained employment. This includes all S +C renewals and all SHP renewals, excluding HMIS projects. Complete the following charts based on responses to APR Question 11 for each of the renewal projects included on your CoC Priority Chart. For further instructions for filling out this section, see the Instructions section at the beginning of the application. No applicable renewal projects for the Mainstream Programs and Employment Chart are included in the r,.r Pr :n'tL Chart. All renewal projects on the CoC Priorities Chart that are not exempted from reporting in the APR are included in calculating the responses below. (1) Number of Adults Who Left (Use same number in each cell (2) Income Source (3) Number of Exiting Adults with Each Source of Income (4) Percent with Income at Exit Col 3 =Col 1 x 100) Example: 105 Example: 105 a. SSI b. SSDI 40 35 38.1% 33.3% 8 a. SSI 0 0 8 b. SSDI 0 0 g c. Social Security 0 0 8 d. General Public Assistance 0 0 8 e. TANF 1 12.5% 8 f. SCHIP 0 0 g g. Veterans Benefits 0 0 g h. Employment Income 7 87.5% 8 i. Unemployment Benefits 0 0 8 '. Veterans Health Care 0 0 8 k. Medicaid 2 25% 8 1. Food Stamps 3 37.5% 8 m. Other (please s eci WIC 3 37.5% ---8-1 n. No Financial Resources 1 12.5% Collier County, Florida 2007 Continuum of Care Exhibit 1 GC?Gay O-Z4- Form HUD- 40090 -1 36 16 D30 W:oC Housing Performance Chart following chart will assess your CoC's progress in reducing homelessness by helping clients move to and stabilize in permanent housing, access mainstream services and gain employment. Both housing and supportive services projects in your CoC will be examined. Provide information from the most recently submitted APR for the appropriate RENEWAL project(s) on your CoC Project Priorities Chart. Note: If you are not submitting any renewals in this year's competition for the applicable areas presented below, check the appropriate "No applicable renewals" box in the chart. 1. Participants in Permanent Housing (PH) HUD will be assessing the percentage of all participants who remain in S +C or SHP permanent housing (PH) for more than six months. SHP projects include both SHP -PH and SHP -Safe Haven PH renewals. Complete the following chart using data based on the most recently submitted APR for Question 12(a) and 12(b) for PH projects included on your CoC Priority Chart: No applicable PH renewals are on the CoC Project Priorities Chart APR PH renewal projects with APRs submitted are included in calculating the responses Data ❑All below a. Number of participants who exited PH ro'ect (s) —APR Question 12(a) b. Number of participants who did not leave the ro'ect(s APR Question 12(b) c. Number who exited after —staying 7 months or longer in PH —APR Question 12(a) d. Number who did not leave after staying 7 months or longer in PH —APR question 12(b) e. Percentage of all participants in PH projects staying 7 months or longer % (c. + d. divided b a. + b., multi lied by 100 = e.) i}M11 "ir!'� J••` b.. lil' li rYi �a. ' .hn .: C -� ... iFn't`%h _ 2. Participants in Transitional Housing (TH) HUD will be assessing the percentage of all TH clients who moved to a permanent housing situation. TH projects include SHP -TH and SHP -Safe Haven/TH not identified as permanent housing. Complete the following chart using data based on the most recently submitted APR uestion 14 for TH renewal 2no 'ects included on y2ur CoC Priorities Chart. ❑ No applicable TH renewals are on the CoC Project Priorities Chart APR All TH renewal projects with APRs submitted are included in calculating the responses Data below a. Number of participants who exited TH project(s):��including unknown destination 8 b. Number of participants who moved to PH 6 c. Percent of participants in TH projects who moved to PH 75% b. divided by a., multiplied by 100 = c. (i ) Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD- 40090 -1 35 OCC33 16 D30 -1 CD 0 f:.0 I'l T O W V m 0 .5 0 t` 0 N b 0 w G C O V 0 U O O t 1 ' CIA N N O tl b y i CD 3Y W M [� In y N N y N b N w� k as W W b W W o �b j h a 0 9 z t z 1 1 ° pa N N O V3 Q ai N E„ o 0. N p O ' H O O F � � O N o, o O W � a0 � My O 'o Y�j O ra r(Bi, F o 90. U () U Cy�S A yN v� N 0 7 .r O O `j y �qy d w . own u u M p c7 N� Gq W j Q u� n i � > V1 c O CL u b b b ❑p a U v y 0 ,y U ctl w° 3 N V N tl e3 tl 'b N 'tl T� Yi Vl C/I 27 r.Yi u o C tl U" o g o 0 2 eq ;T, v •> > b o q a ° Cl cd u d Lei' u b abi .� q u y u tl Q .� c~ cd ao+ 0- a `� d y >w QU W ao+w r'7 a� i, a� w u •d ,� ^� a3i aui m atli y, ,En., q cFZ n.F 0 f:.0 I'l T O W V m 0 .5 0 t` 0 N b 0 w G C O V 0 U 16D301 o+ O 7 w w w 0 0 U 0 0 N b a 0 w ❑T 0 U ..III iii �y 72� M c3 a� W ai N M Mks. ,- C11 CA M p'.4 u, Q g s b xEx, ° za z¢ 3 to ;D W. U aa o C o w ,; Z w J w o oar O 7z O W CD C7, N CD N C A cn O O d N w Nq O o >4 -`O %3 tb O a O ti o N � •m C v > F �o t� oo a: .. m z N A U 5 b a Ueq n m M eq bi d tC x y R N M N en Iz 4 -� U w R. u C o p N w cu po U' a'�i „ v aQi C 'b C 7 C4 U c1 '�0 b b b ep. (Ty p 0 u C d� N b A CL �3 bq ❑ O, m U s4, ,� y >� C O00 F• /" 112 a H r4 tom'. V C .� .� it F cn u o+ O 7 w w w 0 0 U 0 0 N b a 0 w ❑T 0 U 16D30 I N UCCJ6 0 O O w r O w O U C��-g x, 0 N •cA}'gS V' T w+ M y b rn N a z pa 3 U E w m tea, o P. o AQ j� W .a o o ao 0o a c W q7:3> f� . ° x xQ wbcn b� O 4 ° U rJ2 e a Y 0 � � CA w0 N CA w p O O N U N; en M .4+ en q. to on N ' H O x a . tied a ti M a.�c x° xi aw ° o U o oa d.LU. S� a o a ay a p cn N W 0 b- ° o R. b o L ' N std a ,>," V �ga� u ^ark" N 'o P run u Q a�>�u b to b. U d Q zdp Mdz ;D c yP, n z H L. "i UCCJ6 0 O O w r O w O U C��-g 16 D30 CoC Homeless Population and Subpopulations ecoC Point -in -Time Homeless Population and Subpopulations Chart Indicate date of last point -in -time count: (01/26/2007) Part 1: Homeless I Sheltered Unsheltere Population d Total F—Emereencv I Transitional 1. Number of Households with De endent Children: 9 21 2 32 la. Total Number of Persons in these Households (adults and children) 34 62 5 101 2. Number of Households without Dependent Children ** 132 41 109 282 2a. Total Number of Persons in these Households 166 103 114 383 Total Persons (Add Lines la and 2a): 200 1 165 119 484 Part 2: Homeless Unsheltere Subpopulations Sheltered d Total below) a. Chronically Homeless 0 50 50 b. Severely Mentally Ill 6 6 12 c. Chronic Substance Abuse 29 12 41 d. Veterans 0 28 28 e. Persons with HIV /AIDS 0 1 1 f. Victims of Domestic Violence 0 * 0 g. Unaccompanied Youth (Under 18) 0 * 0 *Optional for unsheltered homeless subpopulations ** Includes single individuals, unaccompanied youth, and other adults (such as a married couple without children) ** *For "sheltered" chronically homeless subpopulations, list persons in emergency shelter only. Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD- 40090 -1 14 0 -0CdI 16 D30 Y: Enrollment and Participation in Mainstream Programs Chart It is fundamental that your CoC systematically helps homeless persons identify, apply for and follow - up to receive benefits under SSI, SSDI, TANF, Medicaid, Food Stamps, SCHIP, WIA, and Veterans Health Care as well as any other State or Local program that may be applicable. Which policies are currently in place in your CoC to help clients secure these mainstream benefits for which they are eligible? those activities implemented by a majority of your CoC's homeless assistance providers all that a 1 Applicant Name majority of h omeless assistance providers have case managers systematically assist clients in RCheck F-I om letin a o ams. Michiana Homes, Inc. he CoC systematically analyzes its projects' APRs to assess and improve access to $514,000 NOT APPLICABLE ainstream programs. CoC has an active planning committee that meets at least three times a year to improve ®The CoC -wide participation in mainstream programs. A majority of homeless assistance providers use a single application form for four or more of the above mainstream programs. The CoC systematically provides outreach and intake staff specific, ongoing training on how to identify eligibility and program changes for mainstream programs. The CoC or any of its projects has specialized staff whose primary responsibility is to identify, enroll, and follow-up with homeless persons on participation in mainstream programs. A majority of homeless assistance providers supply transportation assistance to clients to attend mainstream benefit appointments, employment training, or jobs. A majority of homeless assistance providers have staff systematically follow -up to ensure that mainstream benefits are received. The CoC coordinates with the State Interagency Council(s) on Homelessness to reduce or remove barriers to accessing mainstream services. 7AFT.py....kprli (rronfe Awardadi Primer to the 2006 CDC Competition Chart L.I• VllliAbV LL4OY Va Yaaso � vide a list of all HUD McKinney -Vento Act awards made prior to the 2005 competition that are not yet under contract (i:e., signed grant agreement or executed ACC). Project Number Applicant Name Project Name Grant Amount Example: MI23B901002 Michiana Homes, Inc. TH for Homeless $514,000 NOT APPLICABLE Total: D30 Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD - 40090 -1 37 EXHIBIT D 16 D30 LEVERAGED FUNDING A. McKinney -Vento Homeless Assistance Act Grants List each grant award claimed separately under the McKinney -Vento Program. B. Private Cash for Services to Homeless Persons Participating Continuum Aaenc 1. SAWCC Inc 2. St. Matthew's House 3. CCHHC member agencies 4. TOTAL PRIVATE CASH TOTAL LEVERAGE CLAIMED A. McKinney Act Grants B. Private Cash Lead Agency Certification: Cash Received Source Documentation $3193329 ( Attach letter from agency chief executive $1 500.000 officer on agency letterhead certifying the cash $ 330.547 received and the homeless services $ supported by that cash.) $5,023,876 $719 015 $5,023,876 I hereby attest that the above sources of grant and private cash claimed as leverage for this Challenge Grant application, is true and accurate, and that the lead agency has documented the receipt of the grant award(s) and private money leveraged by their continuum of care. Name of Lead Agency: Collier County Housing & Human Services Name of Certifying Official: James V. Mudd Title/Position: County Manages Signature of Certifying Official: Date Signed: June 29, 2007 or.c� .; 3' Grant Grant Award Date of Grantor Program Amount #/Reference Executed Award Letter (attach copy) 1. Homeless Veterans Reintegration $ 2. Health Care for the Homeless $ 3. PATH $ 4. Education for Homeless Children $ 5. Emergency Shelter Grant 9$ 6,494 B06UC120016 July 12 2006 6. Shelter Plus Care 7. Supportive Housing Program $ $622,521 ELI 4B50-6001,2&3 July 25 2006 8. Section 8 Moderate Rehab., SRO $ 9. Emergency Food & Shelter $ TOTAL GRANTS 71$ 9,015 B. Private Cash for Services to Homeless Persons Participating Continuum Aaenc 1. SAWCC Inc 2. St. Matthew's House 3. CCHHC member agencies 4. TOTAL PRIVATE CASH TOTAL LEVERAGE CLAIMED A. McKinney Act Grants B. Private Cash Lead Agency Certification: Cash Received Source Documentation $3193329 ( Attach letter from agency chief executive $1 500.000 officer on agency letterhead certifying the cash $ 330.547 received and the homeless services $ supported by that cash.) $5,023,876 $719 015 $5,023,876 I hereby attest that the above sources of grant and private cash claimed as leverage for this Challenge Grant application, is true and accurate, and that the lead agency has documented the receipt of the grant award(s) and private money leveraged by their continuum of care. Name of Lead Agency: Collier County Housing & Human Services Name of Certifying Official: James V. Mudd Title/Position: County Manages Signature of Certifying Official: Date Signed: June 29, 2007 or.c� .; 3' *�," 1 6D30 SHELTER FOR ASED WOMEN & CHILDREN "Breaking the cycle of abuse, building hope.. -" 1 May 2007 TO THOSE CONCERNED: SAWCC, Inc., has raised $3,193,329 in private cash from July 1, 2006, through March 31, 2007, for the purpose of serving homeless victims of domestic violence. Our services include emergency shelter, transitional living, outreach, case management, basic necessities, and other vital services. Sincere y, Marci Sanders Acting Executive Director (E) P.O. Box 10102, Naples, FL 34101239-775-3862, Fax 239 - 775 -3061 1 24 -Hour Crisis Line 239 - 775 -1101 1 Immokalee Office 239 - 657 -5700 1 TTY 239- 775 -4265 nnHons Thrift Sharon. 966 Second Avenue North, Naples, FL 34102 239 - 434 -7115 1 v ulaplesshelter.org I info @mplesshelter.org The Shelter for Abused Women & Children is grateful for funding from United Way of Collier County, Department oL Children & ramilres luomesuc vjoienae trust runol anu peivaic n fl. r..4(1 srt_ rnattbe us�� 12orasE 2001 Airport Road, South ■ Naples, Florida 34112 -4814 Phone: (239) 774-0500 ■ Fax: (239) 774 -7146 June 15, 2007 To Whom It May Concern: St. Matthew's House, Inc. a 120 bed emergency shelter for homeless men, women, and children has raised $1,500,000.00 from private funds from July 1, 2006 through today's date. These funds have been utilized to provide emergency shelter, transitional housing, and permanent housing for the disabled, and a soup kitchen to serve our homeless clients. Trinity -by- the -Cove Episcopal Church has granted $14,000.00 for the purchase of a van for transportation of homeless residents. Thank you for your assistance, if there are any questions please feel free to contact me. Sincere ours, Vann R. Ellison Executive Director Touching Hearts, Changing Lives ■ Serving the Homeless and Hungry www.stmatthewshouse.org 0 1lC1 TRINITY - E P I S C O ;53 Galleon Drive May 19, 2007 by - the - COVE P AL C H U R C H Naples, Florida 34102 Vann R. Ellison, Executive Director St. Matthew's House 2001 Airport Road South Naples, FL 34112 Dear. Mr. Ellison: (239) 262 -6581 16 D30 Fax (239) 262 -3987 Va-h Trinity -by -the -Cove has approved the recommendation of its Community Grant Com- mission to award you a grant in the amount of $14,000. This grant is in support of your need for a van. While not enough to purchase a new van, it can enable a multi -year lease of one. By accepting this grant, you agree to: • Use the funds only for the purpose stated • Send an expenditure report to Ms. Gale Scott, Chairperson, Grant Commission, Trinity -by- the -Cove, 553 Galleon Drive, Naples, FL 34102 This expenditure report is due no later than October 1, 2007, and should include copies of all related bills paid by you, a description of how the fonds were spent and how many people were served by the grant. In the event you have not spent your grant by that date, you agree to file a partial report and final contact Ms. Scott to establish a mutually convenient date for a report. If we have not received your expenditure report by October 1, 2007, or you have not received approval from the Commission for an extension, you will not be eligible for consideration for funding in the 2008 funding cycle. Please return a signed copy of this letter to Gale Scott, postmarked no later than June 15. S{ 47111e„,s Au -e- �C- Organization's legal name for check preparation purposes 1sL Gale Scott, rant o ttee Chairperson Date: s" 6 www.trinitybythecove.com • info ©trinitybythecove.com 0VC.12 (0 FIRST F i,' BAPTIST CHURCH NAPLES Dc Hayes Wicker, Senior Pastor June 12, 2007 To Whom It May Concern: 16 B30 �l`��IIQII�S Our benevolence fund helps a number of homeless clients each year. Of the $50,000 plus funds we distribute each year, $7,000 to $8,000 goes to people that fit the strictest definition of homeless. But since many of the people we help are about to be evicted or are single moms living at the poverty level the impact we have on the homeless population we feel is greater. This information is based on this year which for us is from July 1, 2006 to June 30, 2007. The numbers may change a little between now and June 30th. We support the Collier County Hunger and Homeless Coalition efforts to make a difference in people's lives. Let me know if I can be of further help. His servant and yours, V�&y D. Hill niremctor of Single Parent Family Ministry Director of Benevolence Ministry I MW 3000 Orange Blossom Drive Naples, FL 34109 -8919 PHONE: 239.597.6057 Fnx: 239.597.1678 WEB: w .. fbcn.org Of.®43 Saint William Church 75o Seagate Drive • Naples, FL 34103 June 6, 2007 Executive Director Hunger and Homeless Coalition of Collier County 279 Airport - Pulling Road South Naples, FL 34104 To Whom It May Concern: 16 D30 According to our records, in the fiscal year of July 1, 2oo6 to June 30, 2oo7, we have contributed $2,547.00 to the Hunger and Homeless Coalition of Collier County to be spent on activities for the hungry and /or homeless persons served by the Coalition. If there is anything further you need in regards to this, please contact me at the address above or by telephone at 239- 261 -4883• Sincerely, Michael J. Mahr Pastoral Administrator cc: file 0 %C,ifi (i ) lmmohalee Friendship House SHELTER FOR THE HOMELESS June 13, 2007 To Whom It May Concern, 16 D 30. The Immokalee Friendship House, an emergency and temporary homeless shelter, has raised $320,000 private funds from July 1, 2006 to now that are for activities for our homeless clients. Thank you for yo assistance, Mlica is Executive Director off G 602W, MAIN STREET • IMMOKALEE, FL 34142 -3927 • (239) 657 -4090 • FAX(239) 657 -5587 A 11K11TP:n \AIAV Af,FIJrV 4 16030 June 8, 2007 Debra Mahr Collier County Hunger and Homeless Coalition 279 Airport Pulling South Naples, FL 34104 Dear Ms. Mahr: Please accept this letter as our support of Collier County Hunger and Homeless Coalition's application for a State Challenge Grant to fund the local Homeless Management Information Systems program, Our agency provides a Tenant Based Rental Assistance program that serves the homeless population. To date from July 2006 we have spent approximately 520 hours in providing services to our homeless clients. I hope this information is beneficial to you in the application you are submitting., We look forward to working with you on providing housing services to those individuals in need of safe, decent and affordable housing. Sincerely, OE esm ralda Serrata, PHM Executive Director cc: Director of Housing 0(1 6646 Collier County Housing Authority ♦ 1800 Farm Worker Way ♦ immokalee, F odda 34142 (239) 657 -3649 • FAX (239) 657 -7232 U.S. Department of Housing and Urban Development Community Planning and Development Division *II�Is Atlanta Region, Miami Field Office Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131 -3042 Honorable Frank Halas, Chairman Collier County Board of Commissioners 3301 E Tamiami Trail Naples, FL 34112 Dear Chairman Halas: SUBJECT: Collier County Consolidated Plan FY 2006 -2009 2006 -2007 Action Plan Approval 16r-�D 30 RECEIVED JUL 2 4 2006 Board of County Commissioners 07- 27- 06A09 :1z2 RCVD We are pleased to approve your five -year Consolidated Plan FY 2006 -2009 and your one -year Action Plan for Fiscal Year 2006 funding. The grant assistance that is being approved with the Action Plan is as follows: Community Development Block Grant (CDBG) Program $ 2,388,595. Emergency Shelter Grants (ESG) Program $ 96,494. HOME Investment Partnerships (HOME) Program $ 717,893. American Dream Downpayment Initiative FY 05 (ADDI) Program $ 14,371. The total allocation for your community is $ 3,217,353. Your FY 2005 program year began on July 1, 2006. We would like to take this opportunity to commend the County on the successful completion of the one -year Action Plan. We believe that the goals and objectives developed through this process provide the foundation for the formulation of new partnerships at all levels of government and with the private sector including for -profit and non -profit organizations. These partnerships are invaluable as you and your partners address the problems of affordable housing, homelessness, and economic opportunities for all citizens, particularly for very low - income and low- income persons. Enclosed are three originals of each of the required Grant Agreements and Funding Approvals. This constitutes the contract between our Department and the County. You should note any special conditions listed in the Funding Approvals. Please return two executed originals for each Grant, and retain one for your records. HUD's mission is to increase homeownership, support community development and increase access to affordable housing free from discriminadon. www.hud.eov www.esuanol.hud.eov - 0 Q 4 r 16 D30 In addition to the Grant Agreement, we have also enclosed a copy of "Consolidated Plan Advice and Guidance" applicable to the various Programs. Again, we congratulate you and your staff on the preparation of the one -year Action Plan. We look forward to working with you during the coming year to accomplish the goals the County has set forth and to further refine and improve the Consolidated Plan development process. In the meantime, if you have any questions or desire assistance concerning this letter or Wryer ;temc relnteri to the community development programs, please contact Lisa Bustamante, 16D30 In addition to the Grant Agreement, we have also enclosed a copy of "Consolidated Plan Advice and Guidance" applicable to the various Programs. Again, we congratulate you and your staff on the preparation of the one -year Action Plan. We look forward to working with you during the coming year to accomplish the goals the County has set forth and to further refine and improve the Consolidated Plan development process. In the meantime, if you have any questions or desire assistance concerning this letter or other items related to the community development programs, please contact Lisa Bustamante, CPD Representative, at (305) 536 -4431, ext. 2262. Sincerel. Maria R. Ortiz -Hill Director, Community Planning and Development Enclosures cc: Mr. H. Denton Baker, Director of Housing & Urban Imp. 0�0 OAG Q 8 " "' °• U.S. Department of Housing and Urban Development s m 04. Adanta Region, Miami Field Office Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131 -3042 May 31, 2006 Susan Golden . Collier County Financial Administration and Housing, Dept 2800 N. Horseshoe Drive, Suite 400 Naples, FL 34101 Dear Ms. Golden: SUBJECT: Transmittal of Grant Agreement Supportive Housing Program (SHP) Project Number: FL?4 . Wa , Project Identifier Number: FL14121 16D30 Congratulations on the final selection of DedicatedProiect for renewal grant funding under the Supportive Housing Program. All conditions attached to your award for this project have been met. This one ( 1) year award will continue to support your program previously funded by HUD in 2004, further contributing to our national effort to end homelessness. Upon execution of the Renewal Grant Agreement by you and HUD, HUD will obligate the total funds for this project in the amount of $104.645, allocated as follows: 1. Grant for operating $-0- 2. Grant for supportive services $-0- 3. Grant for leasing $-0- 4. Grant for HMIS $99.662 5. Grant for administration $4.983 Enclosed are three copies of the Renewal Grant Agreement that constitutes the agreement between you and HUD. Please sign all three and return two-2 of them to this office within two weeks of receipt of this letter. HUD's mission is to Increase homeownership, support rommunhy deWopmem and increase access to a,Q'ordabte housingfreefrom discrbnhnatiom www.hud.gov es anor.hud.gov 0Tlsp 49 16D30 The following were provided to you and processed at the time of your most recent grant award: Grantee Financial Instructions, Direct Deposit sign -Up Form (SF- 1199A), LOCCS Voice Response Security Access Authorization Form (HUD - 27054), and SNAP's Request Voucher for Grant Payment (HUD- 27053 -A). If you need additional forms for any reason, please contact us. No funds can be disbursed to you until the Renewal Grant Agreement is fully executed. If you have any questions, please contact Ronald M. Muscarella Senior CPD Representative at (305) 536 -4431 extension 2320. We look forward to working with you toward the successful continuation of your Supportive Housing Program project Sincerely, rtiz, Director Community Planning and Development Division [a 0 PGA 16D30 RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and Collier County Board of County Commissioners, the Recipient, whose Tax ID number is 59- 6000558 for Project Number FL14B50 -6003 Project Identifier Number FL14121 to be located at 2001 Airport Pulling Road South, Naples FL 34112. The assistance, which is the subject of this Grant Agreement, is authorized by the McKinney -Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act"). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment A, and the Notice of Funding Availability (NOFA) published March 21, 2005 at 70 FR 13576 and 14273. The term "Application" means the original and renewal application submissions on the basis of which HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions, approved a Grant. The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified below for the approved project described in the Application. Although this agreement will become effective only upon the execution hereof by both parties, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement for a period of one (1) year. Eligible costs, as defined by the Act and Attachment A, incurred between the end of Recipient's final operating year under the original Grant Agreement and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. HUD's total fund obligation for this project is $104.645, allocated as follows: 1. Grant for Operating $ -0- 2. Grant for Supportive Services $-0- 3. Grant for Leasing $-- 4. HMIS $99.662 5. Grant for Administration $4.983 The Recipient must provide a 25 percent cash match for supportive services pursuant to HUD's FY 2005 Appropriations Act. HUD's mission h to increase homeownership, Support comet roily development and increase access to affordable houshtgJhvfrom discrunina ion. www.bud.gov mpanoLhud.gov Airl:r7� 16 D3® The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. For any project funded by this grant that is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low - Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty-year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipients duty to provide the supportive housing for the minimum term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or nfar,r? 16D30 (b) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (e) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute recipient of HUD's choosing; or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, speck performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of activity to another, or make any other significant change, without the prior written approval of HUD. 1"S 0 PCa3 SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development Maria R. Ortiz -Hill Typed name of signatory Director Community Planning & Development Division Title RECIPIENT Collier County Board of County Commissioners Name of Organization 01 By: Authorized Signature and Date Typed name of signatory Susan Golden (239 - 213 -2939 Fax 239 -403 -2331 Official Contact Person and Telephone #. and Fax No Approve hleYFmncy Iefirey A. s"t_t County Attorney 0VW5It 16 D30 � rCi r�ne,�i`a• a 'y ATTEST: y- D�IIGHT CK, °C. RK Attest "aa.iia9r+ 151 signature on] U.S. Department of Housing and Urban Development * Atlanta Region, Miami Field Office �M OEVf ° Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131 -3042 May 31, 2006 Susan Golden Collier County Fiancial Administration and Housing Dept. 2800 N. Horseshoe Drive, Suite 400 Naples, FL 34101 Dear Ms. Golden: SUBJECT: Transmittal of Grant Agreements Supportive Housing Program Project Number: I"E1400404t, Project Identifier Number: FL14152 16 D30 Congratulations on the final selection of SItV Tr*-WNionatFjWp-, lnder the Supportive Housing Program. All conditions attached to your award for this project have been met. Concern: you must remove payment of insurance from administrative line item, it is not an eligible costs. HUD's total fund obligation for this project is $226.266, allocated as follows: 1. Grant amount for Acquisition $-0- 2. Grant amount for Rehabilitation $ -0- 3. Grant amount for New Construction $159.500 4. Grant amount for Leasing $ -0- 5. Grant amount for Supportive Services $13,824 6. Grant amount for Operating Costs $42.168 7. Grant amount for HMIS $A- 8. Grant amount for Administration $102774 Enclosed are three HUD executed copies of the Grant Agreement that constitutes the agreement between you and HUD. Please sign all three and return two (2) of them to this office . HUD's mdcsion is to increase homeownership, support communhy development and increase access to affordable housing jreejrom discruninadon. www.bud.gov espsuoLhud.gov�% 16D3p Also enclosed are Grantee Financial Instructions in which you will find information on completing the Direct Deposit Form, the Voice Response Access Authorization form, and the Special Needs Assistance Programs Voucher for Grant Payment, all of which are necessary to receive payments from HUD. Enclosed is a copy of HUD 7015.15 and instructions for its completion. As previously mentioned in our notification letter to you, HUD 7015.15 (Request for Release of Funds and Certification) must be completed for each project site and returned to the HUD Field Office. HUD may not release grant funds if the recipient or any other party commits grant funds before the Field Office approves the Request for Release of Funds and Certification. If the recipient is a State or unit of general local government, then the recipient must complete all three parts of HUD 7015.15. If the recipient is a public housing agency (PHA) or a private nonprofit organization, the recipient must complete only part 3 of HUD - 7015.15 and then only after the recipients responsible entity has conducted the environmental review, published the notices and completed parts 1 and 2 of HUD 7015.15. HUD cannot release funds if the recipient or any other party commits grant funds for activities not listed in 24 CFR 58.34 or 58.35(b) before the Field Office approves form HUD 7015.15. You are advised that your grant cannot begin and no funds can be disbursed to you for this project until the Grant Agreement is fully executed. Thank you for your commitment to assisting homeless persons. We look forward to 3 with you to eliminate homelessness. If you have any questions, please contact Sincer, ^ C ana R. Ortiz, Director' Community Planning and Development Division M�' p� 05 16D30 2005 Supportive Housing Grant Agreement - New This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and (Collier Count Board of County Commissioners), the Recipient, whose Tax ID number is 59- 2752895 for Project NumberFL14B50 -6001 Project Identifier Number FL14152. as described on pages 1 through 19 of the Application, and as identified below: Project Name: SAWCC Transitional Housing Project Sponsor: Shelter for Abused Women & Children, Inc. Project Location Naples Florida The assistance which is the subject of this Grant Agreement is authorized by the McKinney -Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act "). The term "grant' or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule coded at 24 CFR 583, which is attached hereto and made a part hereof as Attachment A, and the Notice of Funding Availability (NOFA), published March 21, 2005 at 70 FR 13576 and 14273. The term "Application" means the application submission on the basis of which HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions, on the basis of which HUD approved a grant. The Application is incorporated herein as part of this Agreement, however, in the event of a conflict between any part of the Application and any part of the Grant Agreement, the latter shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified below for the approved project described in the application. Although this agreement will become effective only upon the execution hereof by both parties, the term of this agreement shall run for a period of three 3 ears HUD's total fund obligation for this project is $_226j266. The Recipient must provide a 25 percent cash match for supportive services pursuant to HUD's FY 2005 Appropriations Act. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. 0 0:66! 16 D30 The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented. If the Recipient is a State or other governmental entity required to assume environmental responsibility, it agrees that no costs to be paid or reimbursed with grant funds will be incurred before the completion of such responsibilities and HUD approval of any required Request for Release of Funds. If, in the application, the Recipient indicated that activities in any project will be carried out in an Empowerment Zone, an Enterprise Community, or an Enhanced Enterprise Community, as designated by HUD or the Department of Agriculture, the Recipient agrees to give priority placement in that project to eligible persons whose last known address was within the designated EVEC area or who are homeless persons living on the streets or in shelters within the designated areas. HUD notifications to the Recipient shall be to the address of the Recipieni as stated in the Application, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No change may be made to the project nor any right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval of HUD. For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low - Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty-year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. For any project receiving funds for acquisition, construction or rehabilitation, the following applies: N Off 53 r8 16D30 The Recipient is required to execute and file for record a deed restriction, covenant running with the land or similar arrangement that will assure to HUD's satisfaction, compliance with the twenty -year term of commitment and a lien against the property, in a form to be approved by HUD, to secure HUD's interest in the repayment of the grant. If the Recipient and /or subrecipient wishes to sell or otherwise dispose of the assisted real property, they must request and receive written approval from the Department to dispose of the real property, advertise that disposition conditions apply to the assisted property, and abide by any other terms or conditions prescribed by HUD in the approval letter. For projects involving acquisition, compliance with the recording requirement must be documented before release of any funds other than acquisition funds. For projects involving new construction or rehabilitation activities, compliance must be documented prior to the first release of federal funds. Evidence will be an original, executed document, in a form satisfactory to HUD, accompanied by a recording receipt. Upon completion of recordation, Recipient will provide HUD with an original, executed, recorded document. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance with the requirements of the Attachment A provisions, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following. actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or (b) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or 1�\ 6DO59 16D30 (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute Recipient of HUD's choosing; or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, speck performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. Recipients of assistance for acquisition, rehabilitation, or new construction shall file a certification of continued use for supportive housing for each year of the 20 -year period from the date of initial occupancy. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. The effective date of this Grant Agreement shall be the date of execution by HUD, except with prior written approval by HUD. SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary oj4:fby ping and Urban Development 0 and Date Maria R. Ortiz -Hill Typed name of signatory o000 SO�- Community Planning and Development Director Title RECIPIENT Collier County Board of County Commissioners Name of Organization XI CA bra Typed name and Date Susan Golden (239) 213 -2901 Fax (239) 213 -2331 Official Contact Person and Telephone No. and Fax No. Appmveda FX=.t.=w ci=cy JeffreyA. KI =ty Attomey l 4i 1 16D30 sJdotif, ATTEST: DWIGHT E 6 CLEF Di3i QrsE s ionaturi�•n`��� 16 030 U.S. Department of Housing and Urban Development Atlanta Region, Miami Field Office ..oE "Emr Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131 -3042 June14, 2006 Susan Golden Collier County Financial Administration and Housing, Dept 2800 N. Horseshoe Drive, Suite 400 Naples, FL 34101 Dear Ms. Golden: SUBJECT: Transmittal of Grant Agreement Supportive Housing Program (SHP) Project Number: FL1F`4t (AM Project Identifier Number: FL14066 Congratulations on the final selection of 9tWM6tthwW,%WoWqJor renewal grant funding under the Supportive Housing Program. All conditions attached to your award for this project have been met. This Two (2) year award will continue to support your program previously funded by HUD in 2004, further contributing to our national effort to end homelessness. Upon execution of the Renewal Grant Agreement by you and HUD, HUD will obligate the total funds for this project in the amount of $291.610, allocated as follows: 1. Grant for operating $2152325 2. Grant for supportive services $62.400 3. Grant for leasing $:q- 4. Grant for HMIS $ -0- 5. Grant for administration $13.885 Enclosed are three copies of the Renewal Grant Agreement that constitutes the agreement between you and HUD. Please sign all three and return two -2 of them to this office within two weeks of receipt of this letter. HUD's m&sion is to increase homeownership, support community dewtopnent and increase access to ajjordahk housingfreefrom discrimination. www.hud.gov esWoLhud.gov n n n I- I S¢ 16D30 The following were provided to you and processed at the time of your most recent grant award: Grantee Financial Instructions, Direct Deposit sign -Up Form (SF- 1199A), LOCCS Voice Response Security Access Authorization Form (HUD - 27054), and SNAP's Request Voucher for Grant Payment (HUD- 27053 -A). If you need additional forms for any reason, please contact us. No funds can be disbursed to you until the Renewal Grant Agreement is fully executed. If you have any questions, please contact Ronald M. Muscarella Senior CPD Representative at (305) 536 -4431 extension 2320. We look forward to working with you toward the successful continuation of your Supportive Housing Program project Sincerely,, Maria R. Director Community Planning and Development Division SS 2 16D30 RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and Collier County Board of County Commissioners, the Recipient, whose Tax ID number is 59- 6000558 for Project Number FL14B50 -6002 Project Identifier Number FL14066 to be located at 2001Airuort Road South Naples, FL 34112. The assistance, which is the subject of this Grant Agreement, is authorized by the McKinney -Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act"). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment A, and the Notice of Funding Availability (NOFA) published March 21, 2005 at 70 FR 13576 and 14273. The term "Application" means the original and renewal application submissions on the basis of which a Grant was approved by HUD„ including the certifications and assurances and any information or documentation required to meet any grant award conditions. The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified below for the approved project described in the Application. Although this agreement will become effective only upon the execution hereof by both parties, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement for a period of two (2) years. Eligible costs, as defined by the Act and Attachment A, incurred between the end of Recipients final operating year under the original Grant Agreement and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. HUD's total fund obligation for this project is $291.610, allocated as follows: 1. Grant for Operating $215.325 2. Grant for Supportive Services $62.400 3. Grant for Leasing $-0- 4. HMIS $-2- 5. Grant for Administration $132885 The Recipient must provide a 25 percent cash match for supportive services pursuant to HUD's FY 2005 Appropriations Act. HUD's mission is to increase homeowxerskiQ, support c mmmiilp development mid hwmwe access to affordable housing jreef wm discrbnimwian. wwwAmiLgov esp Abod.gov a�Q s q 16 D 30 The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. For any project funded by this grant that is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low - Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue �as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty-year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipients duty to provide the supportive housing for the minimum term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or 15� 0ot65 16 D30 (b) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (e) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute recipient of HUD's choosing; or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of activity to another, or make any other significant change, without the prior written approval of HUD. Ell 9PC66 SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development 0 Date Maria R. Ortiz-Hilt Typed name of signatory Director Community Planning & Development Division Title RECIPIENT Collier County Board of County Commissioners Name of organization IN 6)-�,Oofo Authorized Signature and Choi rma n Title 16D30 Susan Golden (239) 213 -2901 Fax (239) 403 -2331 ATTEST- Official Contact Person and Telephone No. and Fax No DWI CLERK Approved a it sufficiency Jeffrey A. tzk siswt County Attorney 04067 �ifist ts,Sa'�f�a`lra� �: 16D30 EXHIBIT E CERTIFICATION OF ESTIMATED NEED PER CATCHMENT AREA POPULATION 1. Enter the total homeless population from your last three years' of Continuum of Care Plans in the table below. This shall be the Total Homeless Population for individuals and persons in families with children, and shall include both sheltered and unsheltered. Year HUD Form (Attach forms) 2005 HUD 40076, CoC -I 2006 HUD 40090 -1, CoC -K 2007 HUD 40090 -1, CoC -K Total Homeless Population (Persons) 553 513 484 2. Add theTotal Homeless for ALL three years 1,sso 3. Divide the 3 Year Total Homeless by 3 to calculate an "Average Total Homeless Population, 2005 - 2007'. Divide Total Number in line 2 above 1,550 By 3 years to calculate - 3 Average Total Homeless Population, 2005 -2007 s17 10. Divide the Average Total Homeless Population, 2005 -2007, by the population of the continuum's catchment area as reflected in Exhibit H, to calculate the ratio of your homeless population per 1000 persons in your area. 517 Average Total Homeless Population, 2005 -2007 Lead Agency Certification: 251,000 = .0021 2000 Population of Your Ratio of Homeless per 1000 Catchment Area, Exhibit H persons in catchment area I hereby attest and certify that the above data is true and accurate; that the above data on estimated needs is based upon a homeless population chart which uses data that (1) represents the housing need for homeless persons in the catchment area on any given night; (2) is true and accurate for the continuum's catchment area; and (3) is derived in accordance with the federal grant instructions. Name of Lead Agency: Collier County Housing & Human Services Name of lead Agency Certifying Official: 4gffleq. Mudd, County Manager Signature of Certifying Official: Date Signed: June 29, 2007 FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION IN THE APPLICATION SHALL BE CAUSE FOR THE APPLICATION TO BE RANKED LAST ON THE NEED PREFERENCE CRITERIA. Attach your 2005, 2006, and 2007 HUD Homeless Population Tables and the narrativelchart describing the methods used to estimate this need. Failure to include this table and narrative /chart shall be cause to score your continuums need ratio as zero homeless persons per 1000 population. 04065 Ci r 16 D30 (7) HOMELESS NEED The Collier County Hunger & Homeless Coalition and the CoC continue to provide an annual homeless count in conjunction with State and Federal efforts. The Coalition and CoC have conducted an annual count for more than five (5) consecutive years. The Naples /Collier CoC does not estimate or extrapolate homeless count data. All information provided is as a result of an annual point in time survey. The required Exhibit E was completed using the formula and format provided. In addition, the specific pages from the 2005, 2006 and 2007 CoC Exhibit 1 reflect the exact information obtained during each of the point in time surveys. 'ou b 9 16 D30 Exhibit 1: Continuum of Care Participation in Energy Star Chart Facilities are also encouraged to promote energy efficiency, and are specifically encouraged to purchase and use Energy Star labeled products. Please check all that apply: Are you aware of the Energy Star Initiative? XXC]Yes ❑ No Have you notified CoC members of this initiative? XXMYes ❑ No Percentage of CoC projects on Priority Chart to use Energy Star appliances: 33% Form HUD 40076 CoC —H page 1 Exhibit 1: Continuum of Care Homeless Population and Subpopulations Chart Part 1: Homeless Population Sheltered Unsheltered Total Emergency Transitional Example: 75 A 125 A 105 N) 305 1. Homeless Individuals 103 (N) 38 (N) 308 (N) 449 2. Homeless Families with Children 31 (N) 25 (N) 0 56 2a. Persons in Homeless Families with Children 45 (N) 59 (N) 0 104 Total (lines 1 + 2a only) 148 97 308 553 Part 2: Homeless Subpopulations Sheltered Unsheltered Total 1. Chronically Homeless 44 ) 65(S) 109 2. Severely Mentally Ill 22 ) 3. Chronic Substance Abuse 29 N) 4. Veterans 41 (N) 5. Persons with HIV /AIDS 2 (N 6. Victims of Domestic Violence 35 (N) 7. Youth Under 18 years of age ) 62 ) C'oc k �'OC6 Collier County 2005 Continuum of Care Exhibit I AI'.fl -n - Optional for Unsheltered Form HUD 40076 CoC -I page 1 16 D 30 Naples/Collier County Continuum of Care C Homeless Population and Subpopulations K oC Point -in -Time Homeless Population and Subpopulations Chart omplete the following chart based on the most recent point -in -time count conducted. Part 1 and Part 2 must be completed using statistically reliable, unduplicated counts or estimates of homeless persons in sheltered and unsheltered locations at a one -day point in time. I Indicate date of last point -in -time count: 01/28/2006 (mm/dd/yyyy) Part 1: Homeless Population Sheltered Unsheltered Total Emergency ransitiona Number of Families with Children 19 19 N/A 38 Family Households): 1. Number of Persons in Families with 52 35 29 116 Children: 2. Number of Single Individuals and Persons in Households without 157 33 207 397 Children: (Add Lines Numbered 1 &'2) Total 209 68 236 513 Persons Part 2: Homeless Subpopulations Sheltered Unsheltered Total a. Chronically Homeless' (For sheltered, list persons in emergency 15 58 73 shelter only) b. Severely Mentally 111 8 11 19 c. Chronic Substance Abuse 15 24 39 d. Veterans 1 15 38 53 e. Persons with HIV /AIDS 0 0 0 F. Victims of Domestic Violence 37 N/A 37 g. Unaccompanied Youth (Under 18) N/A N/A If applicable, complete the following section to the extent that the information is available. Be sure to indicate the source of the information by checking the appropriate box: Data Source: ❑ Point -in -time count OR ® Estimate Part 3: Hurricane Katrina Evacuees Sheltered Unsheltered Total Total number of Katrina evacuees 40 0 40 Of this total, enter the number of evacuees N/A N/A N/A homeless prior to Katrina *Optional for Unsheltered WRA 1 CoC form HUD - 40090 -1 13 16 D 30 C Homeless Population and Subpopulations 3KoC Point -in -Time Homeless Population and Subpopulations Chart Indicate date of last point -in -time count: (01/26/2007) Part 1: Homeless Sheltered Unsheltere Population d Total Emergency Transitional 1. Number of Households with Dependent Children: 9 21 2 32 1 a. Total Number of Persons in these Households (adults and children) 34 62 5 101 2. Number of Households without Dependent Children ** 132 41 109 282 2a. Total Number of Persons in these Households 166 103 114 383 Total Persons (Add Lines la and 2a): 200 165 119 484 Part 2: Homeless Unsheltere Subpopulations Sheltered d Total below) a. Chronically Homeless 0 50 50 b. Severely Mentally Ill 6 6 12 c. Chronic Substance Abuse 29 12 41 d. Veterans 0 28 28 e. Persons with HIV /AIDS 0 1 1 f. Victims of Domestic Violence 0 * 0 g. Unaccompanied Youth (Under 18) 0 * 0 *Optional for unsheltered homeless subpopulations ** Includes single individuals, unaccompanied youth, and other adults (such as a married couple without children) ** *For "sheltered" chronically homeless subpopulations, list persons in emergency shelter only. W Collier County, Florida 2007 Continuum of Care Exhibit t Form HUD - 40090 -1 l4 0ovr. �z 16 B30 (8) ABILITY TO COMPLETE ACTIVITIES: #1 Collier County Hunger and Homeless Coalition -- HMIS /INCCC has successfully completed a number of Community Development Block Grant (CDBG) agreements and Continuum of Care /SHP contracts. Over the past four years the Coalition and INCCC Steering Committee have gone through numerous growing pains and have progressed from an initial core group of six agencies to ten participating organizations with more waiting in the wings. They have successfully overcome numerous obstacles with the initial software provider and have been honored by HUD as a 2006 HMIS Breakthrough Year Award recipient. 42 Shelter for Abused Women and Children (SAWCC) is highly capable of completing the defined activities before the end of June 2008. The Shelter has 40 emergency shelter beds and 20 beds designated for transitional living. This project could be implemented immediately, as case management is a permanent service at SAWCC. SAWCC estimates serving approximately eleven (11) homeless women will receive case management and support services per quarter of the grant period. It is estimated that approximately 46 homeless women will receive assistance over the course of the grant period. Victims of domestic violence with children will have their children assigned to a case manager skilled and trained to work specifically with child victims. Furthermore, Shelter staff has a history of demonstrating their ability to handle and oversee complex projects and to be fiscally responsible for distributing grant funding. The shelter has completed an expansion of its support groups and children's programs. The Shelter has increased its support programs from only a few counseling groups per week to now providing 21 support groups. The English and Spanish speaking groups also include women of color, gay and lesbian relationships, and creative counseling which are offered in Naples and Immokalee for women and children. The Shelter has recently created a new Elder Abuse Response program and a Women of Means DV program. Shelter staff also facilitates its "Hands are for Helping, Not for Hitting" program to almost every public elementary school in Collier County. The Shelter has also been the recipient of the prestigious Harvey B. Kapnick Award for the Community Foundation of Collier County which recognizes high quality programs targeting underserved populations and sound financial practices, among other distinct characteristics that improve the quality of life for those residing in Collier County. #3. St. Matthews House is also very capable of completing their activity by June 2008. They have received a written commitment from a local church, Trinity by the Cove, for S 14,000 to assist with the purchase of a passenger van. (Documentation is included) Upon ordering the passenger van, it is anticipated that delivery will occur within eight weeks. This will then provide the staff of St. Matthew's House at least six (6) to nine (9) months to improve, expand and document their ability to transport homeless residents to a wide range of appointments. In all likelihood, the requested Challenge grant funds would be expended by December 2007. The transportation needs of hundreds of homeless can be addressed by late 2007 or early 2008. 060 ,'3 RM 16 D30 Performance Measures Performance Measures #1: The Coalition's HMIS program will successfully complete their request during the grant period by continuing to provide ongoing training and technical assistance to the ten (10) agencies who are currently member organizations. Challenge funds will be used to support and improve ongoing HMIS activity and expand the coordination and case management with the addition of new agencies. Performance measurements will include utilizing data collected to prepare reports on the number of services provided by participating agencies; monthly data quality measures will be performed to determine User Group training needs; and two new agencies will be identified for participation in HMIS /INCCC. Performance Measures #2: The Shelter will measure the successful completion of the proposed activity by the number of homeless women and children who are served by the case managers. Over the period of the grant, it is estimated that 46 homeless women will served by the Advocate /Counselor case management positions. In addition, the Advocate /Counselor positions can also provide performance measurement based on the number of women who apply and receive mainstream resources during the grant term. Shelter staff will work closely with the program participants initially to help assess their needs and then to ensure their ongoing access to Shelter and community services to help them achieve independence and self sufficiency. Every program participant is assessed for eligibility and need for all programs offered by mainstream benefit providers. The shelter will also measure outcomes by participant satisfaction surveys, as well as pre and post tests administered by the Shelter Advocate /Counselors. Once residents leave the Shelter, women and children will be encouraged to continue receiving counseling and attending weekly support groups. Shelter staff is also able to assess their progress at that time. Performance Measures: St. Matthew's House performance measure will be based on the number of homeless client rides provided and the types of services received including medial appointments, job interviews, job placement, support meetings and emergency transportation needs. St. Matthew's House anticipates that 700 individuals will be assisted with transportation services during the grant period. St. Matthew's House serves 120 individuals and families with shelter at their main campus and an additional 54 beds at their transitional and permanent supportive housing site. Acquiring a new vehicle will ensure that residents have the ability to get outside services and support they need to regain health and recover from homelessness. 0 ca,,l �� 16 B30 AGREEMENT BETWEEN COLLIER COUNTY, AND THE COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. Catalog of Federal Domestic Assistance # 14.235 HUD Grant # FL14B40- 6003(RENEWAL of EXPANSION) THIS AGREEMENT, is entered into this oo f4 day of c I a o Aa r y 20e by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and Collier County Hunger and Homeless Coalition, hie. a private not - for -profit corporation existing under the laws of the State of Florida, having its principal office at 279 Airport Road South, Naples, FL 34104, and its Federal Tax Identification number as 04- 3610154, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has made application to the United States Department of Housing and Urban Development (HUD) for the Continuum of Care Supportive Housing Program effective, May 24, 2005, and entered into an agreement with the SUBRECIPIENT to act on it's behalf in the oversight and administration of the HUD Grant for the execution and implementation of a Dedicated Homeless Management Information System (HMIS), pursuant to the McKinney -Vento Homeless Assistance Act section 423(b) and (c), § 42USC 11383(b) and (c). These requirements apply to projects receiving SHP funds for acquisition, rehabilitation, and/or new construction. (hereinafter "the ACT "); and WHEREAS, Pursuant to the aforesaid application CCHHC is undertaking certain activities to primarily benefit persons residing in Collier County who are homeless or at- risk -of homelessness; and WHEREAS, Collier County believes it to be in the public interest to provide certain activities to Collier County residents through the SUBRECIPIENT according to this agreement, the SUBRECIPIENT's intent as stated in the proposal and attached exhibits and all other terms and conditions as specified; and WHEREAS, Collier County, in accordance with the HUD Grant terms, and CCHHC desire to provide the activities specified in the HUD Grant application with the following exceptions: WHEREAS, HGS further agrees that it will use due diligence in supervising the SUBRECIPIENT to assure that funds are expended for the purposes intended and that a full accounting for these grants is made; and CoC HNUS 2006 -2007 Renewal of Expansion Page 1 of 15 G6a�S :A L WHEREAS, HGS desires to engage the SUBRECIPIENT to implement such undertakings of the Homeless Management Information System Program as stated in the approved Supportive Housing Program (SHP) application as valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: ARTICLE ONE: DEFINITIONS AND PURPOSE A. DEFINITIONS (1) "COUNTY" means Collier County, and where applicable, its authorized representative(s). (2) "HGS" means the Housing and Grants Section of the Operations Support and Housing Department, and where applicable, its authorized representative(s). (3) "HGS" Approval" means the written approval of the HGS Section or its designee. (4) "CCHHC" means the Collier County Hunger & Homeless Coalition, Inc. and where applicable its authorized representative(s). (5) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (6) "SUBRECIPIENT" means Collier County Hunger and Homeless Coalition, Inc. (7) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". (8) "SHP" means Supportive Housing Program. B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Scope of Services set forth in ARTICLE TWO of this Agreement. One hundred percent (100 %) of the beneficiaries of a project funded under this Agreement must be persons who are homeless or at- risk-of homelessness. ARTICLE TWO: SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HGS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit `B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. ARTICLE THREE: TIME OF PERFORMANCE CoC HMIS 2006 -2007 Renewal of Expansion Page 2 of 15 G (}13'7 R 1 b D 30 The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. F1,141330 -6003. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to April 30, 2008. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS A. The SUBRECIPIENT shall be paid by HGS for allowable costs as specified in the grant contract with HUD, in an amount not to exceed $104,645.00 (ONE HUNDRED FOUR THOUSAND SIX HUNDRED FORTY FIVE DOLLARS 1 for the services described in Exhibit "A." of which, $99,662.00 (NINETY NINE THOUSAND SIX HUNDRED SIXTY TWO DOLLARS) will go to the Collier County Hunger and Homeless Coalition with $2,492.00 (TWO THOUSAND FOUR HUNDRED NINETY TWO DOLLARS) of the original amount to be retained for CCHHC grant administration. The amount of $2,491.00 (TWO THOUSAND FOUR HUNDRED NINETY ONE DOLLARS) to be retained by Collier County for grant administration, for a total of $104,645.00. In the event the project costs exceed the stated amount, the SUBRECIPIENT shall be responsible for the excess. B. All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. ARTICLE FIVE: PAYMENTS/NOTICES A. Invoices that have been approved by the SUBRECIPIENT reimbursed to subrecipient by FIGS. Payments will be limited to items in Exhibit "A ". Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify FIGS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by FIGS or designee within forty -five (45) days of said official notification. B. The SUBRECIPIENT shall submit payment requests to FIGS using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof. These requests will only be approved if: 1. The contractor's /vendors request for payment has been reviewed and approved by the SUBRECIPIENT as stated on the Certificate of Payment and the attached original invoice. In no event shall the FIGS provide advance funding to the SUBRECIPIENT or any other subcontractors /vendors hereunder. 2. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the SUBRECIPIENT must adequately justify their absence, in writing, and furnish copies. CoC HMIS 2006 -2007 Renewal of Expansion Page 3 of 15 0 C.a 11 7 16 030 Upon receipt of the above enumerated documentation, and approval by the CCHHC Chair or designee, payment shall be made by HGS. All notices required to be given under this Agreement shall be sufficient when delivered to HGS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. C. All disbursements by the SUBRECIPIENT must be fully documented to HGS so as to be available, on request, for inspection or audit in accordance with the provisions of ARTICLE Nine herein below. D. The SUBRECIPIENT shall render a final and complete statement to HGS of all costs and charges for services not previously invoiced. HGS shall not be responsible for payment of any charges, claims, or demands of the SUBRECIPIENT received after April 30, 2008. ARTICLE SIX: COMPLIANCE WITH FEDERAL RULES REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 583.410 of the Housing and Urban Development regulations concerning the Supportive Housing Program and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. The SUBRECIPIENT shall permit HUD or HGS personnel or representatives to monitor the services, which are the subject of this grant. During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof The SUBRECIPIENT further agrees to abide by all other applicable laws, Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 2. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. Age Discrimination Act of 1973 4. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 5. 29 CFR Part 3 - The Copeland Anti- Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 6. Florida Statutes, Chapter 112 - which deals with conflict of interest. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. CoC RMIS 2006 -2007 Renewal of Expansion Page 4 of 15 0 [0'T8 16D30 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 9. OMB Circular A -133 - concerning annual audits. 10. OMB Circular A -122 - which identifies cost principles. 11. S24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. ARTICLE SEVEN: PROJECT PUBLICITY Any news release or other type of publicity pertaining to the project as stated herein must recognize the COUNTY as the recipient funded by HUD as the entity that provided funds for the project. ARTICLE EIGBT: MANAGEMENT ASSISTANCE The HGS Coordinator will be available to the SUBRECIPIENT to provide guidance on HUD requirements. ARTICLE NINE: MAINTENANCE OF RECORDS The SUBRECIPIENT shall maintain the following records. A. The SUBRECIPIENT shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by HGS to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUBRECIPIENT shall maintain all necessary financial records as required by HUD Regulations and shall maintain the following financial records: 1. An invoice and a copy of a warranty for all items purchased and paid for under standard SUBRECIPIENT procedures. 2. The current, prevailing Agreement, all project contracts and corresponding billings and copies of warranties. 3. HGS will require audit and record keeping requirements. All records shall be in sufficient detail to permit proper pre audit and post audit of all expenditures. B. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with state purchasing requirements and with other state requirements for grant implementation. HMIS 2006 -2007 Renewal of Expansion Page 5of15 (I1?#1 ?9 16 030 C. The SUBRECIPIENT shall maintain project records and financial information so that HUD could conduct an audit of HMIS activities and funds. All audits covering the use of HMIS funds shall be provided to the HGS Coordinator. Reimbursement will be contingent upon the timely receipt of complete and accurate reports required by this Agreement and on the resolution of monitoring or audit findings identified pursuant to this Agreement. D. All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection or copying at any time during normal business hours and as often as the HGS Coordinator or HUD, may deem necessary. HGS shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement made by any local, state or federal agency. The SUBRECIPIENT shall retain all of its records and supporting documentation applicable to the Agreement for a period of not less than three (3) years after the starting date of this HUD Agreement or, if audit findings have not been resolved at the end of the three (3) year period, the records shall be retained until resolution of the audit findings. Federal auditors and any person duly authorized by HUD or HGS shall have the right to examine any of the said materials at any time during regular business hours. ARTICLE TEN: MONTHLY REPORTS EVALUATIONS AUDITS AND INSPECTIONS The SUBRECIPIENT agrees to provide HGS with monthly status reports no later than the 10th of every month as shown in Exhibit C beginning the month of contract execution and final report summarizing progress, timetables, and financial information for monitoring and evaluating all aspects of project activities. CCHHC will be required to submit its Annual Performance Report (APR) to HGS by July 1st of each year thru the end of the grant. Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. HGS shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by HGS, the County, or HUD at any time. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HGS, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HGS, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT 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 SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A -110 (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 Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The CoC HMIS 2006 -2007 Renewal of Expansion Page 6of15 00DA0 16 B30 SUBRECIPIENT shall provide such audit to HGS. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be home by the SUBRECIPIENT. In the event the SUBRECIPIENT 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 SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. ARTICLE ELEVEN: CONTRACT LIABILITY HGS shall not be responsible to any person, firm, or corporation (except the SUBRECIPIENT) for assignment of any aspects including providing goods or services to the SUBRECIPIENT in connection with the services it has agreed to perform hereunder, or for debts or claims accruing to such parties against the SUBRECIPIENT; and there is no contractual relationship, either express or implied, between HGS and any other person, firm, or corporation supplying any work, labor, services, goods or materials to the SUBRECIPIENT as a result of its services to HGS hereunder. ARTICLE TWELVE: CONTRACTS All contracts made by the SUBRECIPIENT to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services subcontracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement. ARTICLE THIRTEEN: CONFLICT OF INTEREST No employee, agent, consultant, officer or elected official or appointed official of the SUBRECIPIENT who exercises or have exercised any function or responsibility with respect to HMIS activities assisted under or who are in the position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a HMIS assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to an HMIS assisted activity or with respect to the proceed of the HMIS assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. ARTICLE FOURTEEN: AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD 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 Collier County. Except as CoC HMIS 2006 -2007 Renewal of Expansion Page 7of15 0 CA,�I 16 030 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 representatives. ARTICLE FIFTEEN: INDEMNIFICATION The SUBRECIPIENT and his Contractor shall pay on behalf of or indemnify and hold harmless the COUNTY, its officers, employees, agents, and volunteers from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of any act, neglect, omission or default of the SUBRECIPIENT or Contractor arising out of or in any way connected with the SUBRECIPIENT'S or Contractor's (or officers, employees, agents, volunteers and subcontractors, if any) performance or failure to perform under the terms of this Contract. For Construction activities the following applies: In conformance with Section 725.06 Florida Statutes, the specific consideration given for the promises the Contractor sets forth in this Article is one dollar ($1.00) in hand paid by the CCHHC to the Contractor, receipt thereof is here by acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the CCHHC under the requirements of Section 725.06 Florida Statutes. This section of the contract will extend beyond the term of the contract. SUBRECIPIENT, at its sole expense, shall keep the improvements to the real property, which is the subject matter of this Agreement, including any expansion or renovation, insured against loss or damage by fire and extended coverage hazards. Insurance shall be provided in an amount equal to one hundred percent (100 %) of the full replacement value of the improvements with a loss payable clause in favor of CCHHC, HUD and SUBRECIPIENT, as their interests may appear. Should a sum of money become payable by virtue of any loss under such insurance, then the funds shall be applied to the repair or reconstruction of the existing improvements which have been damaged, unless the parties hereto mutually agree to another or different application of insurance proceeds realized. 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. 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 SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. ARTICLE SIXTEEN: INSURANCE CoC HMIS 2006 -2007 Renewal of Expansion Page 8of15 G ORA I- 1 • ' ,J The SUBRECIPIENT shall procure and maintain adequate insurance coverage, as determined by its insurance agent through a site visit and by providing a copy of HMIS grant application and the scope of the project in Exhibit A. The insurance agent is to assess the risks and provide a report to the SUBRECIPIENT and HGS as to the need for additional insurance to cover risks associated with the project and to state whether or not they are adequately insured within ten (10) days of signing of this agreement. The SUBRECIPIENT at its expense, must purchase additional coverage if it is so determined upon presentation of the report through the completion of the project. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners, a Political Subdivision of the State of Florida its Officers Employees and Agents, c/o Department of Operational Support and Housing ". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non- renewal of coverage shall be included on the certificate(s). ARTICLE SEVENTEEN: WAIVER The SUBRECIPIENT will not waive any of the duties and obligations under the contract without the express written consent of HGS. ARTICLE EIGHTEEN: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. HGS will provide a resale certificate to be completed by the SUBRECIPIENT whereby SUBRECIPIENT represents and warrants that it has filed for and received an exemption from Florida Department of State for sales taxes. The SUBRECIPIENT further agrees to indemnify and hold harmless the COUNTY and/or HGS from any and all CoC HMIS 2006 -2007 Renewal of Expansion Page 9 of 15 0003 16 D 30 taxes, penalties, interest and professional fees associated with the collection of any sales tax under the HMIS grant. ARTICLE NINETEEN: NON - ASSIGNABILITY The SUBRECIPIENT may not assign this Agreement without the prior written consent of HGS and HUD. ARTICLE TWENTY: HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. 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 g;*hday of _ j N o ✓y 20 D7 lm ( SUBRECIPIENT SEAL) COLLIER COUNTY HUNGER & HOMELESS COALITION COLLIER COUNTY HUNGER & HOMELESS COALITION form and COLLIER COUNTY, I-Im County Attorney K. SCHMITT, ADMINISTRAI I NITY DEVELOPMENT & NMENTAL SERVICES CoC HMIS 2006 -2007 Renewal of Expansion Page 10 of 15 fir. It 0 d 16D30 EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY HUNGER AND HOMELESS COALITION (RENEWAL OF EXPANSION HMIS) I. [! 0.3 C. THE SUBRECIPIENT AGREES TO: PROJECT SCOPE: The purpose of this project is to support future participation and inclusion into the HMIS system to improve the sharing of data to effectively reduce and eliminate homelessness, streamline resources, and to improve the overall continuum of care within Collier County. The purpose of the CCHHC is to implement and fulfill HUD'S requirement of having a functional HMIS system by October ,2004. This system will allow Collier County agencies who service the public, easier access with each other on a day to day basis, and in turn provide more efficient service to the residents of Collier County. The SUBRECIPIENT further agrees that HGS, in consultation with any parties HGS deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. On or before for request for reimbursement, the SUBRECIPIENT will provide HGS with a detailed line item budget and budget narrative indicating how the grant funds will be expended; and On or before first request for reimbursement, the SUBRECIPIENT will provide HGS with a timeline indicating all information pertaining to the system administrator and the purchasing of system soft and hardware. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub - consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub - consultants shall be at cost. Such sub - consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. BUDGET: Line Item: Purchase of equipment, including software, hardware, programming, training, technical assistance, salary for the HMIS system administrator, HMIS Space and Operational costs, personnel, and services. Grant Administration TOTAL Project Budget w/Match CoC HMIS 2006 -2007 Renewal of Expansion Page 11 of 15 HMIS Funds Other: $99,662.00 $24,916.00 (MATCH) $ 2,492.00 $102,154.00 $127,070.00 00695 16 D30 *Match documentation must be submitted prior to submittal of first request for reimbursement.* Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as SUBRECIPIENT, will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT share of administrative costs and shall submit such plan to HGS, on behalf of the COUNTY, as the Grantee, for HGS approval, in a form specified by HGS. D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. FORMER PROJECTS: Failure to adequately maintain any former HUD funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future HUD Grant funds. F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Purchase of equipment, including software, hardware, Programming, training, technical assistance, salary For the HMIS system administrator, HMIS space And Operational costs, personnel, and services. 50% of Funding Expended October 31, 2007 100% of Funding Expended April 30, 2008 G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the HGS coordinator outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with HMIS funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. See Exhibit C for progress reports. The progress reports shall be used as an additional basis for HGS approval of invoices, etc. for reimbursement. CCHHC will be required to submit its Annual Performance Report (APR) to HGS by July I" of each year thru the end of the grant. *APR report will be due to HGS by July 1, 2008.* CoC HMIS 2006 -2007 Renewal of Expansion Page 12 of 15 UG�8fi EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS SECTION REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier County Hunger and Homeless Coalition Subrecipient Address: 279 Airport Road South Niles. FL 34104 Project Name: Expansion of Renewal HMIS 2006 -2007 Project No: Payment Request # Activity #. Dollar Amount Requested: SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 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 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. $ $102,154.00 16 D30 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 Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. By signing this request I'm assuring that all of the work has been completed to this organizations satisfaction. Signature Title Authorizing Grant Coordinator Director (Signature not required if under $15,000.00) CoC HN US 2006 -2007 Renewal of Expansion Page 13 of 15 G00$7 Date 16 030 .a EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing and Grants Section staff by the 10m of the following month. Status Report for Month of Submittal Date: Project Name : Expansion of Renewal HMIS 2006 -2007 Project Number: Activity Number: Subrecipient: Collier County Hunger and Homeless Coalition Contact Person: Telephone: E -mail: Fax: 1. Activity Status /Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. 6. Progress on Completion of the Grant Activity (s): CoC HMIS 2006 -2007 Renewal of Expansion Page 14 of 15 Goes$ 16D30 :-1 7. Progress on Completion of the Grant Activity (s): For each funded activity, provide a concise written narrative that compares work accomplished to date versus planned timeframes for completion of the activity as outlined in your application. Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being taken to assure completion of the activity or use by April 30, 2008. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY April 30, 2008, report on the activity, the cause, and corrective actions (amendment to reduce grant award, return of funds, identification of other uses that could be completed by April 30, 2008 etc.). CoC HMIS 2006 -2007 Renewal of Expansion Page 15 of 15 ' &0 V 9 AGREEMENT BETWEEN COLLIER COUNTY /. IMI COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. HOMELESS MANAGEMENT INFORMATION SYSTEM Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B- 06 -UC -12 -0016 16 B30 THIS AGREEMENT, is entered into this _ day of 1 2046 by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and the Collier County Hunger and Homeless Coalition, Inc., a private not - for -profit corporation existing under the laws of the State of Florida, having its principal address as 279 Airport Road South, Naples, FL 34104, and its Federal Tax Identification number as 04- 3610154, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2006 -2007 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2006 -2007 for the CDBG Program by Resolution on April 25, 2006, including the use of this standard form Agreement; and Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 1 of 20 GGfi�90 x 16 flap WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2006 -2007 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: (1) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "HGS" means the Housing and Grants Section of the Operations Support and Housing Department of Collier County. (4) "SUBRECIPIENT" means Collier County Hunger and Homeless Coalition, Inc. (5) "HGS Approval" means the written approval of the Housing and Grants Section or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HGS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. B- 06 -UC -12 -0016. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 15, 2007. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 2 of 20 0CIMI 16 030 IV. CONSIDERATION AND LIMITATION OF COSTS The SUB- RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $50,000.00 (FIFTY THOUSAND DOLLARS) for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNT', which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HGS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HGS Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HGS. No payments will be made until approved by the HGS Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify HGS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the HGS or designee within forty -five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, CDBQ Collier County Hunger and Homeless Coalition RMIS 2006/2007 Page 3 of 20 0 Dto2 16 B30 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. S. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 It. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 L7. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. CDBU Collier County Hunger and Homeless oa ttton Page W49i 16030 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti - Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB Circular A -122 - which identifies cost principles. 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 30. 24 CFR Part 85- OMB Circular A402 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT 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 SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HGS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth Page 5 of 20 &C0g4 16 D 30 in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract " Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HGS Department or his designee. D. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD 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 representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indernnify 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 SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT 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 SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HGS in all publications and publicity. hi addition, the SUBRECIPIENT will make a good faith effort to recognize HGS's support for all activities made possible with funds made available under this Agreement. G. 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 SUBRECIPIENT with funds under this Agreement shall be returned to HGS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 6 of 20 610 "15 16 D30 breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set -off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. 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. 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 SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary - basis. 3. ADDITIONAL INSURED CDBG Collier County Hunger and Homeless Coalition HMIN zu _ Page 7 of 20 - I / I N 16 030 The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier ers Employees and Agents c/o Housing and Grants Section ". The SUBRE agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, 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 reserves 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. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees 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 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. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT 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 agrees 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 L The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HGS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HGS if requested. In any event the SUBRECIPIENT CDBU Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 8 of 20 16 D30 shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to FIGS using Exhibit "C ". The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis - Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 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 -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL FAH, COUNTY, AND HUD REQUIREMENTS HGS shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by HGS, the COUNTY, or HUD at any time. F. PRIOR WRITTEN APPROVALS - SUMMARY The following activities require the prior written approval of the HGS or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $5,000 or more; (c) All out -of -town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and CDBG Collier County Hunger and Homeless Coalition HMIS 2006/2(X Page 9�fQ 8 16 030 (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as FIGS, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HGS, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT 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 SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A -110 (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 Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to HGS. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be bome by the SUBRECIPIENT. In the event the SUBRECIPIENT 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 SUBRECIPIENT as defined in A -133. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. H. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HGS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to HGS, and said plan shall require the prior written approval of the HGS Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A -110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub - contractors after the expiration of this Agreement shall be returned to the COUNTY no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. CDBG Collier County Hunger and Homeless Coalition Page 10 of 20 rf MARl 16 030 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the COUNTY in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to HGS upon HGS's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that HGS will carry out periodic monitoring and evaluation CDBG Collier County Hunger and Homeless Coalition HMIS 2UO6/2007 Page I 1 of 20 16 B30 activities as determined necessary by HGS or the COUNTY and that the 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 SUBRECIPIENT agrees to furnish upon request to HGS, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by HGS or the COUNTY. The SUBRECIPIENT shall, upon the request of HGS, submit information and status reports required by HGS, the COUNTY or HUD on forms approved by HGS to enable HGS to evaluate said progress and to allow for completion of reports required of HGS by HUD. The SUBRECIPIENT shall allow HGS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HGS or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT 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 SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HGS 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 moderate- income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in Furtherance hereof, the SUBRECIPIENT 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 preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, 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 t) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: I. 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, renal, CDBG Collier County Hunger and Homeless Coalition Page 12 of 20 6,-i C i 16030 amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. CUBU Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 13 of 20 %j4'lte 2 16 B30 C. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD - assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead - based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement 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 I. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non - expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty -five Thousand Dollars (525,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, . consisting of twenty (20) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 14 of 20 GN 3 such counterparts will constitute one and the same instrument. 16030 XV. 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. SF Lee—, WITNESS our Hands and Seals on this =day of 52Dfcm 20 0 6 (SUBRECIPIENT SEAL) App love rm and le Jow Attorney COLLIER COUNTY HUNGER & HOMELESS COALITION BY: FRED IC RDS, EXECUTIVE DIRECTOR COLLIER COUNTY HUNGER AND 9W HOMELESS COALITION COLLIER COUNTY, FLORIDA EPH K. SCHMITT, ADMINISTRATOR, ✓IMUNITY DEVELOPMENT /IRONMENTAL SERVICES UDBU Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 15 of 20 7�. iv :! T.-4 d i 16 D30 EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY HUNGER AND HOMELESS COALITION INC. HOMELESS MANAGEMENT INFORMATION SYSTEM THE SUB RECIPIENT AGREES TO: A. PROJECT SCOPE: The Homeless Management Information System (HMIS) will benefit the homeless and at -risk of homelessness population in Collier County; and provide participating agencies improved data collection methods. The scope of this project will include being able to provide a computer network, which will provide statistical data, to agencies and funding sources. One of the goals is to improve the coordination and achieve non duplication of identical services to the homeless and working poor in our community. This is a fulfillment of a HUD mandated requirement to implement and maintain an HMIS system by 2004. This will allow Collier County to continue to be eligible to receive HUD Continuum of Care funding. A minimum of two (2) new agencies must be added to the network for expansion. B. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub - consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub - consultants shall be at cost. Such sub - consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. The SUBRECIPIENT further agrees that HGS, in consultation with any parties HGS deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. BUDGET: Line Item: CDBG Funds Other Purchase of software, hardware, $50,000 $251,885.50 training, technical assistance, office space, operational costs, and fees for the HMIS system administrator Total $301,885.50 *Match documentation must be submitted prior to the first request for reimbursement* *It will be the responsibility of the Coalition to create and maintain an inventory of all hardware/software purchased for any participating agencies of the Coalition. These items must be tagged, and a master list must be maintained by the Coalition. HGS reserves the right to monitor these agencies at anytime* CDBG Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 16 of 20 01- I7 E. 16 D30 *Any items purchased will be obtained with a minimum of three bids, the lowest responsible bid will be accepted, and all bidding procedures will be documented.* Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to FIGS, on behalf of the COUNTY, as the Grantee, for HGS approval, in a form specified by FIGS. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: 50% of CDBG 2006 -2007 funds expended by 100% of CDBG 2006 -2007 funds expended January, 2007 June 15, 2007 F. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Housing and Grants Section outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be on Exhibit C. The progress reports shall be used as an additional basis for FIGS approval of invoices, etc. for reimbursement. CDBG Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 17 of 20 ri F41 f, fi 16030 EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS SECTION REQUEST FOR PAYMENT SECTION 1• REQUEST FOR PAYMENT Subrecipient Name: Collier County Hunger and Homeless Coalition Subrecipient Address: 279 Airport Road South Naples FL 34104 _ Project Name: HMIS2006 -2007 Project No: Activity # Payment Request # Dollar Amount Requested: $ SECTION 11: STATUS OF FUNDS 1. Grant Amount Awarded $ 50,000.00 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 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 the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. By signing this request I'm assuring that all of the work has been completed to this organizations satisfaction. Signature Title Authorizing Grant Coordinator Supervisor Director (Signature not required if under $15,000.00) Date CDBG Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 18 of 20 6PIll i 1 16030 EXHIBIT "C" COLLIER COUNTY HUNGER AND HOMELESS COALITION MONTHLY PROGRESS REPORT Complete form for past month and submit to HGS staff by the 10'4 of the following month. Status Report for Month of Submittal Date: Project Name Homeless Management Information System CDBG 2006 -2007 Project Number CD 06 -09 Activity Number 237 Subrecipient: Collier County Hunger and Homeless Coalition Contact Person Telephone: E -mail: Fax: 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. Progress on Completion of the Grant Activity (s): CDBG Collier County Hunger and Homeless Coalition HMLS 2006/2007 Page 19 of 20 16 D 30 For each funded activity, provide a concise written narrative that compares work accomplished to date versus planned timeframes for completion of the activity as outlined in your application. Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being taken to assure completion of the activity or use by June 15, 2007. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY June 15, 2007, report on the activity, the cause, and corrective actions (amendment to reduce grant award, return of funds, identification of other uses that could be completed, etc.). CDBG Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 20 of 20 orfA 16830 AGREEMENT BETWEEN COLLIER COUNTY AND SHELTER FOR ABUSED WOMEN AND CHILDREN Catalog of Federal Domestic Assistance # 14.231 HUD Grant # S- 06 -UC -12 -0024 THIS AGREEMENT, is entered into this QQ ~` day of _ 20d6 by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and the "SHELTER FOR ABUSED WOMEN & CHILDREN," a private not - for -profit corporation existing under the laws of the State of Florida, having its principal office at P.O. BOX 10102 NAPLES, FLORIDA 34101, and its Federal Tax Identification number as 59- 2752895, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Emergency Shelter Grant Program in certain areas of Collier County, pursuant to the United States Department of Housing and Urban Development (herinafter called "HUD ") as provided by the Stewart B. McKinney Act (as amended P.L. 100- 77 herinafter called "ACT "); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit homeless individuals in Naples with the use of Emergency Shelter Grant (ESG) funds; to improve the quality of life in Collier County by providing assistance for emergency - transitional shelter clients at -risk of becoming homeless; as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2006 -2007 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2006 -2007 for the ESG Program by Resolution Number 2006 -157 on April 25, 2006, including the use of this standard form Agreement; and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2006 -2007 for the ESG Program SHELTER FOR ABUSED WOMEN & CHILDREN Page 1 of 27 Gc'lA 16 D30 and the use of the ESG funds for the activities identified in the Plan; and WHEREAS, COUNTY and "SHELTER FOR ABUSED WOMEN & CHILDREN" desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage "SHELTER FOR ABUSED WOMEN & CHILDREN" to implement such undertakings of the Emergency Shelter Grant Program (ESG) as valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) "County" means Collier County, and where applicable, it's authorized representative(s). (2) "ESG" means the Emergency Shelter Grant Program of Collier County. (3) "HOUSING AND GRANTS SECTION" means the Housing and Grants Section of Collier County. (4) " SUBRECIPIENT" means "SHELTER FOR ABUSED WOMEN & CHILDREN with the legal name of SAWCC, INC." (5) "HOUSING AND GRANTS SECTION Approval" means the written approval of the OPERATION SUPPORT AND HOUSING DEPARTMENT or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HOUSING AND GRANTS SECTION, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. S- 04 -UC -12 -0024. The SHELTER FOR ABUSED WOMEN & CHILDREN Page 2 of 27 16D3p effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to December 31, 2007. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. W. CONSIDERATION AND LIMITATION OF COSTS The SUB - RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $96,494 NINETY SIX THOUSAND FOUR HUNDRED NINETY FOUR DOLLARS for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to the Housing and Grants Section at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Emergency Shelter Grant (ESG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in the Housing and Grants Section's Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by Housing and Grants Section No payments will be made until approved by the Housing and Grants Section or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify the Housing and Grants Section in writing within thirty (30) SHELTER FOR ABUSED WOMEN & CHILDREN Page 3 of 27 16 D30 days of receiving notification from the funding source and submit a cost allocation plan for approval by the Housing and Grants Section or designee within forty -five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Emergency Shelter Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act SHELTER FOR ABUSED WOMEN & CHILDREN Page 4 of 27 0 t03 13 16D fV 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti- Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB Circular A -122 - which identifies cost principles. 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. SHELTER FOR ABUSED WOMEN & CHILDREN Page 5 of 27 16030 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations: - 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT 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 SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to Housing and Grants Section 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." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract" Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the Housing and Grants Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD 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 Collier 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 representatives. E. INDEMNIFICATION The SUBRECIPIENT 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 SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or SHELTER FOR ABUSED WOMEN & CHILDREN Page 6 of 27 6 IfL_5 16030 applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT 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 SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by the Housing and Grants Section in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize the Housing and Grants Section support for all activities made possible with funds made available under this Agreement. G. 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 SUBRECIPIENT with funds under this Agreement shall be returned to the Housing and Grants Section or the County. In the event of termination, the SUBRECIPIENT 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 SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set -off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT 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 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 Agreement upon ten (10) working days written notice to the other party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE SHELTER FOR ABUSED WOMEN & CHILDREN Page 7 of 27 16 B30 The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners a Political Subdivision of the State of Florida, its Officers EMloyees and Agents c/o Operational Support and Housing Section". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Housing and Grants Section reserves the SHELTER FOR ABUSED WOMEN & CHILDREN Page 8 of 27 Of! Z 1 . 7 16D30 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 reserves 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. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees 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 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. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT 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 agrees 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 1. The SUBRECIPIENT shall maintain all records required by the ESG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or the Housing and Grants Section. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to the Housing and Grants Department if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to the Housing and Grants Section using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall SHELTER FOR ABUSED WOMEN & CHILDREN Page 9 of 27 6u1! <'. 8 16 D 30 maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 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 -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL HOUSING AND GRANTS SECTION, COUNTY, AND HUD REQUIREMENTS The Housing and Grants Section shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by the Housing and Grants Section, the County, or HUD at any time. F. PRIOR WRITTEN APPROVALS - SUMMARY The following activities require the prior written approval of the Housing and Grants Section or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All change orders; and (d) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (e) All rates of pay and pay increases paid out of ESG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the Housing and Grants Section, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to Housing and Grants Section, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. SHELTER FOR ABUSED WOMEN & CHILDREN Page 10 of 27 'Q' ' 16 D30 The SUBRECIPIENT 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 SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principles for Non -Profit Organizations), A -133 (Audits of State, Local Govemments, 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 Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to the Housing and Grants Section. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT 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 SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to the Housing and Grants Section. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to the Housing and Grants Section, and said plan shall require the prior written approval of the Housing and Grants Section or designee. Accounting and disbursement of such income shall comply with OMB Circular A -110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for ESG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub - contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the SHELTER FOR ABUSED WOMEN & CHILDREN Page 11 of 27 I. 16 B30 COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the ESG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to the Housing and Grants Section upon the Housing and Grants Section's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that the Housing and Grants Section will carry out periodic monitoring and evaluation activities as determined necessary by the Housing and Grant Section or the County and that the 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 SHELTER FOR ABUSED WOMEN & CHILDREN Page 12 of 27 16D30 output measures. The SUBRECIPIENT agrees to famish upon request to the Housing and Grants Section, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by Housing and Grants Section or the County. The SUBRECIPIENT shall, upon the request of the Housing and Grants Section, submit information and status reports required by the Housing and Grants Section, the County or HUD on forms approved by the Housing and Grants Section to enable the Housing and Grants Section to evaluate said progress and to allow for completion of reports required of the Housing and Grants Section by HUD. The SUBRECIPIENT shall allow the Housing and Grants Section or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by the Housing and Grants Section or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT 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 SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to the Housing and Grants Section 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 moderate - income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT 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 preceding the date hereof. This notice is required by F.S. 287.133 (3) (a). G. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, 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. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 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 SHELTER FOR ABUSED WOMEN & CHILDREN Page 13 of 27 16 D30 entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the ESG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with ESG funds must adhere to the ESG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. SHELTER FOR ABUSED WOMEN & CHILDREN Page 14 of 27 61,123 16 B30 C. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD - assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement 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. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any ESG funds on hand at the time of expiration, any accounts receivable attributable to the use of ESG funds, and any non - expendable personal property that was purchased with ESG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with ESG funds will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on ESG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -six (26) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an SHELTER FOR ABUSED WOMEN & CHILDREN Page 15 of 27 1',r'�v-'A l 6 D 30 original, and such counterparts will constitute one and the same instrument. XV. 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 n?.2_ day of 20 nr^ (SUBRECIPIENI' SEAL) Optional SHELTER FOR ABUSED WOMEN & CHILDREN i BY: KAW CATLNO, CHIEF EXECUTIVE OFFICER SHED R FOR ABUSED WOMEN & CHILDREN M SHELTER FOR ABUSED WOMEN & CHILDREN Page 16 of 27 COLLIER COUNTY, K. DEVELOPMENT & ITAL SERVICES 16 B30 EXHIBIT "A" SCOPE OF SERVICES SHELTER FOR ABUSED WOMENT & CHILDREN THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub - consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub - consultants shall be at cost. Such sub - consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. Funds will be used for security and maintenance. B. PROJECT SCOPE: NARRATIVE OF WORK PLAN The purpose of the activities pursuant to this Agreement is to provide assistance for Essential Services, operational costs, and administration cost to benefit the emergency shelter clients at -risk of becoming homeless. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings /specifications to the Housing and Grants Department and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain the Housing and Grants Section approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain the Housing and Grants Section's approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from the Housing and Grants Section for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. NOTE 5: The SUBRECIPIENT shall submit documentation showing the match funds that will be provided along with ESG funds. The SUBRECIPIENT further agrees that the Housing and Grants Section in consultation with any parties the Housing and Grants Section deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. SHELTER FOR ABUSED WOMEN & CHILDREN Page 17 of 27 r C. Q BUDGET: Line Item: One Full -Time Security Guard, 100% Salary and benefits. One Part-Time Security Guard, 100% Salary and Benefits. One Full -Time Maintenance, Coordinator, 50% Salary and Benefits Utilities, insurance, maintenance TOTAL GRANT AMOUNT Total Budget ESG Funds $96,494.00 $40,800.00 $33,600.00 $17,400.00 $ 4,694.00 $96,494.00 + $192,988.00 16 D30 Other $96,494.00 $96,494.00 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Housing and Grants Section, on behalf of the County, as the Grantee, for the Housing and Grants Section's approval, in a form specified by the Housing and Grants Section. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. F. DAVIS -BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis -Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis - Bacon Act in its construction bid solicitation and sub - contract(s). G. BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A -110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. H. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis -Bacon Act. I. FORMER PROJECTS: Failure to adequately maintain any former ESG funded project may result in SHELTER FOR ABUSED WOMEN & CHILDREN Page 18 of 27 Gir ?T "/ 16 030 the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future ESG funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be December 31, 2007. Fifty percent (50 %) of the funding must b e expended by July 31, 2007 One hundred percent (100 %) of the funding must b e expended by December 31, 2007 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 Grants Sections. K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Housing and Grants Section outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with ESG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form "Exhibit C" which is due by the 10"' of the following month. The progress reports shall be used as an additional basis for the Housing and Grants Section's approval of invoices, etc. for reimbursement. *Please note that the provisions of the Davis Bacon Act (40 U.S.C. 276a- 276a -5) do not apply to the ESG program. SHELTER FOR ABUSED WOMEN & CHILDREN Page 19 of 27 0 i,? 2d 16030 AGREEMENT BETWEEN COLLIER COUNTY AND SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CONSTRUCTION & SERVICES Catalog of Federal Domestic Assistance # 14.235 HUD Grant # FL14B50 -6001 THIS AGREEMENT, is entered into this 141- day of &A l 20 0_� by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the Shelter for Abused Women & Children, Inc., a private not - for -profit corporation existing under the laws of the State of Florida, having its principal office at P.O. Box 10102 Naples, FL 34101, and its Federal Tax Identification number as 59- 2752895, hereinafter referred to as " SUBRECIPIENT." WHEREAS, Collier County has made application to the United States Department of Housing and Urban Development (HUD) for the Continuum of Care Supportive Housing Program effective, May 24, 2004, and entered into an agreement with the SUBRECIPIENT to act on it's behalf in the oversight and administration of the HUD Grant for the execution and implementation of Housing and Grants Section and Supportive Services for SAWCC, Inc., pursuant to the McKinney -Vento Homeless Assistance Act section 423(b) and (c), § 42USC 11383(b) and (c). These requirements apply to projects receiving SHP funds for acquisition, rehabilitation, and/or new construction and other eligible SHP activities. (hereinafter "the ACT "); and WHEREAS, Pursuant to the aforesaid application the SUBRECIPIENT is undertaking certain activities to primarily benefit persons residing in Collier County who are homeless or at- risk -of homelessness; and WHEREAS, Collier County believes it to be in the public interest to provide certain activities to Collier County residents through the SUBRECIPIENT according to this agreement, the SUBRECIPIENT's intent as stated in the proposal and attached exhibits and all other terms and conditions as specified; and WHEREAS, Collier County, in accordance with the HUD Grant terms, and SAWCC, Inc. desire to provide the activities specified in the May 2005 HUD Grant application; and WHEREAS, Collier County fii Cher agrees that it will use due diligence in supervising the SUBRECIPIENT Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 1 of 30 0 !1-129 16 030 to assure that funds are expended for the purposes intended and that a full accounting for these grants is made; and WHEREAS, Collier County desires to engage the SUBRECIPIENT to implement such undertakings as New Construction, Operations and Supportive Services for the residents of SAWCC, Inc. as stated in the approved Supportive Housing Program (SHP) application as valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: ARTICLE ONE: DEFINITIONS AND PURPOSE A. DEFINITIONS (1) "COUNTY" means Collier County, and where applicable, its authorized representative(s). (2) "HGS" means the Housing and Grants Section of Collier County Operations Support and Housing Department (OSH), and where applicable, it's authorized representative(s). (3) "HGS" Approval" means the written approval of the Housing and Grants Section or its designee (4) "Shelter for Abused Women & Children, Inc." and "SAWCC, Inc." means the Shelter for Abused Women & Children, Inc. and where applicable its authorized representative(s). (5) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (6) "SUBRECIPIENT" means Shelter for Abused Women & Children, Inc. (7) "Project" means the work contemplated to be performed as set forth in Exhibit "A". (8) "SHP" means Supportive Housing Program. B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Scope of Services set forth in ARTICLE TWO of this Agreement. One hundred percent (100 %) of the beneficiaries of a project funded under this Agreement must be persons who are homeless or at- risk -of homelessness. ARTICLE TWO: SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HGS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 2 of 30 Gam! 30 16D30 ARTICLE THREE: TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this renewal project by HUD under Grant No. FL14B50 -6001. The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be undertaken by the SUBRECIPIENT during their operating year and completed prior to August 31, 2009. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS A. CoC FL14650 -6001 CoC Allocation CoC Allocation $226,266.00 SAWCC Construction Year One(1) $ 159,500.00 Operations TOTAL Year One (1) $ 240.00 Year Two (2) $ 19,811.00 Year Three (3) $ 22,117.00 Supportive Services TOTAL Year One(1) $ 4,608.00 Year Two (2) $ 4,608.00 Year Three (3) $ 4,608.00 Administration Services TOTAL YearOne(1) $ 1,795.67 Year Two (2) $ 1,795.67 Year Three (3) $ 1.795.67 SAWCC Total $ 220,879.01 HOUSING ANG GRANTS SECTION Year One (1) $ 1,795.67 YearTwo(2) $ 1,795.66 Year Three(3) $ 1.795.66 HOUSING AND GRANTS TOTAL $ 5,386.99 PROJECT TOTAL $ 226,266.00 B. Construction and contracting activities specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. ARTICLE FIVE: PAYMENTS/NOTICES Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 3 of 30 �S��� 16 030 A. Invoices that have been approved by the SUBRECIPIENT shall be paid directly by HGS or, HGS shall reimburse the SUBRECIPIENT. In both cases, payment will be limited to items in Exhibit "A ". B. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify HGS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HGS or designee within forty - five (45) days of said official notification. C. All notices required to be given under this Agreement Shall Be sufficient when delivered to the Housing and Grants Section at its office, presently located at 3050 N Horseshoe Drive, Suite 110, Naples, Florida 34101 and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. D. The SUBRECIPIENT shall submit payment requests to HGS using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof. These requests will only be approved if: 1. The contractor's /vendors request for payment has been reviewed and approved by the SUBRECIPIENT as stated on the Certificate of Payment and the attached original invoice. In no event shall the HGS provide advance funding to the SUBRECIPIENT or any other subcontractors /vendors hereunder. 2. For purposes of this section, originals or copies of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the SUBRECIPIENT must adequately justify their absence, in writing, and furnish copies. 3. Upon receipt of the above enumerated documentation, and approval by the Executive Director or Director of Finance and Business, payment shall be made by HGS. All notices required to be given under this Agreement shall be sufficient when delivered to HGS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. E. All disbursements by the SUBRECIPIENT must be fully documented to HGS so as to be available, on request, for inspection or audit in accordance with the provisions of ARTICLE Nine herein below. F. The SUBRECIPIENT shall render a final and complete statement to HGS of all costs and charges for services not previously invoiced. HGS shall not be responsible for payment of any charges, claims, or demands of the SUBRECIPIENT received after August 31, 2009 ARTICLE SIX: COMPLIANCE WITH FEDERAL RULES REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 583.410 of the Housing and Urban Development regulations concerning the Supportive Housing Program and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. The SUBRECIPIENT shall permit HUD or HGS personnel or representatives to monitor the services, which are the subject of this grant. Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 4 of 30 During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in the Housing and Grants Sections Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by the Housing and Grants Section. No payments will be made until approved by the Housing and Grants Section staff or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify Housing and Grants Section staff in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the Housing and Grants Section or designee within forty -five (45) days of said official notification. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT 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 SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to Housing and Grants Section 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." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the Housing and Grants Section or his designee. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD 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 Collier 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 representatives. 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 5 of 30 �i . +�3' 16D30 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes the Davis - Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 6 of 30 G/Crl3J 16D30 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti- Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27. OMB Circular A -122 - which identifies cost principles. 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. ARTICLE SEVEN: PROJECT PUBLICITY Any news release or other type of publicity pertaining to the project as stated herein must recognize the COUNTY, as the recipient funded by HUD, as the entity that provided funds for the project. GRANTEE RECOGNITION Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 7 of 30 Gs; �L 16030 All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by Housing and Grants Section in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize Housing and Grants Section's support for all activities made possible with funds made available under this Agreement. ARTICLE EIGHT: MANAGEMENT ASSISTANCE The HGS Coordinator will be available to the SUBRECIPIENT to provide guidance on HUD requirements. ARTICLE NINE: MAINTENANCE OF RECORDS The SUBRECIPIENT shall maintain the following records. A. The SUBRECIPIENT shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by HGS to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUBRECIPIENT shall maintain all necessary financial records as required by HUD Regulations and shall maintain the following financial records: 1. An invoice and a copy of a warranty for all items purchased and paid for under standard SUBRECIPIENT procedures. 2. The current, prevailing Agreement, all project contracts and corresponding billings and copies of warranties. 3. HGS will require audit and record keeping requirements. All records shall be in sufficient detail to permit proper pre audit and post audit of all expenditures. B. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with state purchasing requirements and with other state requirements for grant implementation. C. The SUBRECIPIENT shall maintain project records and financial information so that HUD could conduct an audit of SAWCC, Inc. Supportive Housing Program (SHP) activities and funds. All audits covering the use of Supportive Housing Program funds shall be provided to the HGS Coordinator. Reimbursement will be contingent upon the timely receipt of complete and accurate reports required by this Agreement and on the resolution of monitoring or audit findings identified pursuant to this Agreement. D. All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection or copying at any time during normal business hours and as often as the HGS Coordinator or HUD, may deem necessary. HGS shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement made by any local, state or federal agency. The SUBRECIPIENT Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 8 of 30 G c7! 36 16 030 shall retain all of its records and supporting documentation applicable to the Agreement for a period of not less than three (3) years after the starting date of this HUD Agreement or, if audit findings have not been resolved at the end of the three (3) year period, the records shall be retained until resolution of the audit findings. Federal auditors and any person duly authorized by HUD or HGS shall have the right to examine any of the said materials at any time during regular business hours. ARTICLE TEN: MONTHLY REPORTS, EVALUATIONS, AUDITS AND INSPECTIONS The SUBRECIPIENT agrees to provide HGS with monthly status reports no later than the 10`h of every month as shown in Exhibit C beginning with the SHP operating year and final report summarizing progress, timetables, and financial information for monitoring and evaluating all aspects of project activities. SAWCC will be required to submit its Annual Performance Report (APR) to HGS by November 1st of each year. Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. HGS will notify SAWCC, hie. of any additional conditions that may be imposed by HGS, the County or HUD. HGS shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by HGS, the County, or HUD at any time. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HGS, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HGS, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT 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 SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A -110 (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 Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to the County. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT 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 SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 9 of 30 �`i; 1,i 16 Dap GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. ARTICLE ELEVEN: CONTRACT LIABILITY HGS shall not be responsible to any person, firm, or corporation (except the SUBRECIPIENT) for assignment of any aspects including providing goods or services to the SUBRECIPIENT in connection with the services it has agreed to perform hereunder, or for debts or claims accruing to such parties against the SUBRECIPIENT; and there is no contractual relationship, either express or implied, between HGS and any other person, firm, or corporation supplying any work, labor, services, goods or materials to the SUBRECIPIENT as a result of its services to HGS hereunder. ARTICLE TWELVE: CONTRACTS All contracts made by the SUBRECIPIENT to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services subcontracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement. ARTICLE THIRTEEN: CONFLICT OF INTEREST No employee, agent, consultant, officer or elected official or appointed official of the SUBRECIPIENT who exercises or have exercised any function or responsibility with respect to Supportive Housing Program (SHP) activities assisted under or who are in the position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a SHP assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to an SHP assisted activity or with respect to the proceed of the SHP assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. ARTICLE FOURTEEN: AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD 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 Collier 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 representatives. ARTICLE FIFTEEN: INDEMNIFICATION The SUBRECIPIENT and his Contractor shall pay on behalf of or indemnify and hold harmless the COUNTY, its officers, employees, agents, and volunteers from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of any act, neglect, omission or default of the SUBRECIPIENT or Contractor arising out of or in any way connected with the Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 10 of 30 r� f'•,Q 16D30 SUBRECIPIENT'S or Contractor's (or officers, employees, agents, volunteers and subcontractors, if any) performance or failure to perform under the terms of this Contract. For Construction activities the following applies: In conformance with Section 725.06 Florida Statutes, the specific consideration given for the promises the Contractor sets forth in this Article is one dollar ($1.00) in hand paid by the SAWCC, Inc. to the Contractor, receipt thereof is here by acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the SAWCC, Inc. under the requirements of Section 725.06 Florida Statutes. This section of the contract will extend beyond the term of the contract. SUBRECIPIENT, at its sole expense, shall keep the improvements to the real property, which is the subject matter of this Agreement, including any expansion or renovation, insured against loss or damage by fire and extended coverage hazards. Insurance shall be provided in an amount equal to one hundred percent (100 %) of the full replacement value of the improvements with a loss payable clause in favor of the County, HUD and SUBRECIPIENT, as their interests may appear. Should a sum of money become payable by virtue of any loss under such insurance, then the funds shall be applied to the repair or reconstruction of the existing improvements which have been damaged, unless the parties hereto mutually agree to another or different application of insurance proceeds realized. 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. 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 SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. ARTICLE SIXTEEN: INSURANCE The SUBRECIPIENT shall procure and maintain adequate insurance coverage, as determined by its insurance agent, through a site visit and by providing a copy of SHP grant application and the scope of the project in Exhibit A. The insurance agent is to assess the risks and provide a report to the SUBRECIPIENT and HGS as to the need for additional insurance to cover risks associated with the project and to state whether or not they are adequately insured within ten (10) days of signing of this agreement. The SUBRECIPIENT, at its expense, must purchase additional coverage if it is so determined upon presentation of the report through the completion of the project. The BUSINESS agrees this coverage shall be provided on a primary basis. Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 11 of 30 r, 9 16D30 COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per a6cident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners a Political Subdivision of the State of Florida, its Officers Employees and Agents, c/o the Housing and Grants Section ". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Housing and Grants Section, 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 reserves 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. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 12 of 30 Gu -140 16 D30 independent agent and that its employees 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. ARTICLE SEVENTEEN: WAIVER The SUBRECIPIENT will not waive any of the duties and obligations under the contract without the express written consent of HGS. ARTICLE EIGHTEEN: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. HGS will provide a resale certificate to be completed by the SUBRECIPIENT whereby SUBRECIPIENT represents and warrants that it has filed for and received an exemption from Florida Department of State for sales taxes. The SUBRECIPIENT further agrees to indemnify and hold harmless the COUNTY and/or HGS from any and all taxes, penalties, interest and professional fees associated with the collection of any sales tax under the SHP grant. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A —102 (Grants and Cooperative Agreements with State and Local Governments) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. DOCUMENTATION AND RECORD- KEEPING 1. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or the Housing and Grants Section. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to the Housing and Grants Section if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to the Housing and Grants Section using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 13 of 30 nr,iA! 16D30 compliance with federal purchasing requirements and with other federal requirements for grant implementation. 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- 102, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. REPORTS AUDITS AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. ADDITIONAL HOUSING AND GRANTS SECTION COUNTY AND HUD REQUIREMENTS Housing and Grants Section shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by the Housing and Grants Section, the County, or HUD at any time. PRIOR WRITTEN APPROVALS - SUMMARY The following activities require the prior written approval of the Housing and Grants Section or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out -of -town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the Housing and Grants Section, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to the Housing and Grants Section, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT 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. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided Shelter for Abused women & Children/2006 SHP 3 -Year Grant Page 14 of 30 offal 16030 hereunder must be reported to the Housing and Grants Section. Such income would include, but not be limited to, income from- service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to the Housing and Grants Section, and said plan shall require the prior written approval of the Housing and Grants Section or designee. Accounting and disbursement of such income shall comply with OMB Circular A -102 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub - contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES The SUBRECIPIENT'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; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 15 of 30 16D30 and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to the Housing and Grants Section upon Housing and Grants request. EVALUATION AND MONITORING The SUBRECIPIENT agrees that the Housing and Grants Section will carry out periodic monitoring and evaluation activities as determined necessary by Housing and Grants Section or the County and that the 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 SUBRECIPIENT agrees to famish upon request to the Housing and Grants Section, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by Housing and Grants Section or the County. The SUBRECIPIENT shall, upon the request of the Housing and Grants Section, submit information and status reports required by Housing and Grants Section the County or HUD on forms approved by Housing and Grants Section to enable Housing and Grants Section to evaluate said progress and to allow for completion of reports required of Housing and Grants Section by HUD. The SUBRECIPIENT shall allow Housing and Grants Section staff or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by the Housing and Grants Section or HUD. CONFLICT OF INTEREST The SUBRECIPIENT 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 SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to the Housing and Grants Section 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 moderate- income residents of the project target area. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT 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 preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). DRUG -FREE WORKPLACE REOUIItEMENTS The SIBRECIPIENT, as a condition of being awarded, must certify that they will provide drug -free Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 16 of 30 16D3 iul s workplaces in accordance with the Drug -Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD 'es at 24 CFR Part 24, subpart F. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report 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. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 17 of 30 16 D 3p 1 FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD- assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead - based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. SEVERABILITY OF PROVISIONS If any provision of this Agreement 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. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non- expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 18 of 30 0 V' 1 V 16030 COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -four (30) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. ARTICLE NINETEEN: NON - ASSIGNABILITY The SUBRECIPIENT may not assign this Agreement without the prior written consent of HGS and HUD. ARTICLE TWENTY: HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. 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 2t- day of &�� 12006. ( SUBRECIPIENT SEAL) I3'� SHELTER FOR ABUSED WOMEN & CHILDREN, WC TINO CHIEF COLLIER COUNTY, K. SCtrMITT, ADMIN IS' II rNITY DEVELOPMENT & NMENTAL SERVICES Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 19 of 30 00,t4T SAWCC, 16 030 EXIIIBIT "A" SCOPE OF SERVICES SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CONSTRUCTION & SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: The purpose of this project is to support the expansion of SAWCC, INC by providing funding to construct a single family structure unit to be utilized as offsite transitional housing for up to a two year period for homeless victims of domestic violence. Adding this unit will increase the bed space at SAWCC 5 -10 percent. The structure which is located at 2635 Weeks Ave, Naples FL 34101 will have three bedrooms and one and a half bathrooms. The unit will also have a kitchen, living room and will be equipped with security system. The total size of the unit will be approximately 1,000 to 1,200 square feet. In addition to the unit being built for Transitional Housing the CoC SHP grant provides for operational and supportive service activities including, in part, cost associated with a Case Manager; a Counselor /Support Staff member; case management, individualized counseling services (drug, alcohol, domestic violence and others as appropriate), transportation, child care vouchers, parenting skills and self -help classes including budgeting, job training and other supportive services. In addition, administrative cost including implementation, accounting and reporting are also included in the scope. CoC SHP eligible costs are outlined in Part 583 — Supportive Housing Program. B. PROFESSIONAL SERVICES: Where applicable, the consultant procurement process shall also incorporate any sub - consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub - consultants shall be at cost. Such sub - consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. The SUBRECIPIENT further agrees that HGS, in consultation with any parties HGS deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. THREE YEAR BUDGET: SHP Other Line Item: Funds Resources Supportive Services ($4,608.00 per year) $13,824 $ 3,456 (Applicant Cash Match) (Case Management, life skills training, Legal advocacy, employment services) Operations ($240.00 Year (1) $19,811.00 Year (2) and $22,117 Year (3) $42,168 $14,056 (Applicant Cash Match) Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 20 of 30 00448 16 D30 (Maintenance, repair, utilities, equipment, Supplies, insurance, food, transportation) New Construction (Year (1)) $159,500 $159,500 (Applicant Cash Match) (Construction to cover the following: General Contractors fees, Site Work, Concrete, Masonry, Metals, Carpentry, Moisture control, Windows, doors, glass Finishes, specialties, equipment, mechanical, Electrical. All the aforementioned items Were listed in the Technical Submission approved by HUD as eligible. Grant Administration ($1795.67 per $5,387 Year 2006 -2009) Total SHP grant $220,879.00 Total Match Funds $177,012.00 (Proof of Match to be submitted Prior to 1'i request for payment) Total Budget $397,891.00 *Budget must adhere to the schedule provided on page 3 of this agreement Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as SUBRECIPIENT, will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT share of administrative costs and shall submit such plan to HGS, on behalf of the COUNTY, as the Grantee, for COUNTY approval, in a form specified by HGS. SAWCC, Inc. shall provide HGS with a copy of the current annual budget as it relates to Operations and Support Services prior to entering into this agreement. Participant Selection: 1. The anticipated annual household income of the participant shall be verified and not exceed the income limits as mandated by the U.S. Department of Housing and Urban Development (HUD). 2. The SUBRECIPIENT shall submit its forms /documents for income eligibility determination to the Housing and Grants Section and obtain a letter of approval prior to administrating the project. 3 The SUBRECIPIENT shall submit its federally funded bid and contracting process information. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings /specifications to the Housing and Grants Section and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 21 of 30 00'49 16 030 one contract. The SUBRECIPIENT shall obtain Housing and Grants Section approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain the Housing and Grants Section approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from the Housing and Grants Section for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that the Housing and Grants Section, in consultation with any parties Housing and Grants Section deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. Names of staff and contact information of staff responsible for grant and reporting must be submitted. E. FORMER PROJECTS: Failure to adequately maintain any former HUD funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future HUD Grant funds. F. WORK SCHEDULE: The time frame for completion of the outlined activities and payment processing shall be: HUD SHP Grant funds to be expended 74% of Funding Expended June 30, 2007 87% of Funding Expended June 30, 2008 100% of Funding Expended August 31, 2009 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 Grants Section. G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the HGS coordinator outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with HUD funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. See Exhibit C for progress reports. The progress reports shall be used as an additional basis for HGS approval of invoices, etc. for reimbursement. SAWCC will be required to submit its Annual Performance Report (APR) to HGS by November 1st of each year. Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 22 of 30 �f uU 16 030 H. ENVIRONMENTAL CONDITIONS AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD- assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead - based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list E. DAVIS -BACON ACT The SUBRECIPIENT shall request the County to obtain a Davis -Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis -Bacon Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 23 of 30 0,0 51 16 030 wage decision and disclose the requirements of the Davis -Bacon Act in its construction bid solicitation and sub - contract(s). D. ASBESTOS REQUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. E. BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A -102 (Uniform Administrative Requirement for Federal Grants to State and Local Governments) and 24 CFR Part 85 in regard to any bid guarantees, performance bonds, and payment bonds. F. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis -Bacon Act. G. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 24 of 30 finth2 EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS SECTION SHP OPERATING AND SUPPORTIVE SERVICES REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT Subrecipient Name: Shelter for Abused Women & Children Subrecipient Address: P.O. Box 10102 Naples FL 24101 Project Name: SAWCC Construction and Services Project No: Activity # 16030 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1, Grant Amount Awarded $ 220,879.00 2. Sum of Past Claims Paid on this Account S 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 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 the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. By signing this request I'm assuring that all of the work has been completed to this organizations satisfaction. Signature Title Authorizing Grant Coordinator Supervisor Director (Signature not required if under $15,000.00) Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 25 of 30 00 "' Date 16030 EXHIBIT "C" SHELTER FOR ABUSED WOMEN Sc CHILDREN MONTHLY PROGRESS REPORT Complete form for past month and submit to HGS staff by the IO'h of the following month. Status Report for Month of Submittal Date: Project Name SHELTER FOR ABUSED WOMEN & CHILDREN 3 -Year Grant Project Number Subrecipient: Contact Person Telephone: E -mail: Activity Number Fax: 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. Progress on Completion of the Grant Activity (s): Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 26 of 30 0904 16 030 For each funded activity, provide a concise written narrative that compares work accomplished to date versus planned timeframes for completion of the activity as outlined in your application. Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being taken to assure completion of the activity or use by August 31, 2009. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY August 31, 2009, report on the activity, the cause, and corrective actions (amendment to reduce grant award, return of funds, identification of other uses that could be completed, etc.). SAWCC will be required to submit its Annual Performance Report (APR) to HGS by November 1st of each year. Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 27 of 30 00155 16030 EXHIBIT "D" Prepared by and Return to: Collier County Housing & Grants Department 3050 N. Horseshoe Drive, #110 Naples, Florida 34104 DECLARATION OF RESTRICTIONS Shelter for Abused Women & Children, Inc. a private, limited partnership, having its principle office at P.O. Box 10102, Naples, FL 34101, hereinafter referred to as "Declarant," for the property described below, in consideration of CDBG funding in the amount of One Hundred Fifty Nine Thousand Five Hundred Dollars ($159.500.00) to be received from Collier County does hereby grant to the County the following restrictions against the subject property described as: Lot 5, Block 1, W.H. Surency, according to the plat thereof recorded in Plat Book 1, Page 28A, of the Public Records of Collier County, Florida; Parcel Identification Number: 76210120005 Lots 6 and the East 28 feet of Lot 7, Block 1, W.H. Surency, according to the plat thereof recorded in Plat Book 1, Page 28A, of the Public Records of Collier County, Florida Parcel Identification Number: 76210160007 M The West 28 feet of Lot 7 and all of Lot 8, Block 1, of W.H. SURRENCY SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Page(s) 28A, Public Records of Collier County, Florida. Parcel Identification Number: 76210200006 1. 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, acting through and by its Board of County Commissioners, 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 $159,500.00 (in CoC funds) as provided through a grant Agreement with the County dated , 2006, 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 Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 28 of 30 0,01 b G to time). 16030 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 the Declarant provides affected 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 for the general conduct of government; or ii) The requirements of paragraph 3(b) of this 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 under Paragraph 3(a)(1) of this section or discontinue use of the facility/property, it may retain or dispose of the facility for such use if the 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 -CoC 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 CoC 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. In the event of any proposed sale, conveyance or transfer of the subject property, the Declarant must obtain approval of the County, through its Housing & Grants Section. Any approved sale or conveyance of the subject property by the Declarant will be contingent upon the receipt of the payment by the County in accordance with the provisions of Paragraph 3(b) above, or the receipt of a commitment, executed by a subsequent owner acceptable to the County, acknowledging its acquiescence to this Declaration. 4. The Declarant agrees to notify the County in writing through the Housing & Grants Section 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 of the 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 period described above. Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 29 of 30 O p -tV 16 B30 Executed this day of NA) 20 SHELTER FOR ABUSED WOMEN & IisCi-lli/� SAWCC, INC. STATE OF FLORIDA yO COUNTY OF p� _a.e, The forgoing Agreement was acknowledged before me this Q day of 20 0% by2� e as C7EO of •NNNNN...MN(.�.�.�� pQ i �C ) =CIA 1 SANDER$ ov COTmr�/� t6 pWWWd M48=r,Wp ..... . ........... .....u�.EoiL.. yµYM.lii who is personally known to me or has produced as identification and who did (did not) take an oath. Shelter for Abused Women & Children/2006 SHP 3 -Year Grant Page 30 of 30 OU15� 16 D30 AGREEMENT BETWEEN COLLIER COUNTY AND SHELTER FOR ABUSED WOMEN AND CHILDREN Catalog of Federal Domestic Assistance # 14.231 HUD Grant # S- 05 -UC -12 -0024 THIS AGREEMENT, is entered into this /&,4__ day of 20!21, by and between Collier County, a political subdivision of the State of Flo da, hereinaqer referred to as "COUNTY" and the "SHELTER FOR ABUSED WOMEN & CHILDREN," a private not - for -profit corporation existing under the laws of the State of Florida, having its principal office at P.O. BOX 10102 NAPLES, FLORIDA 34101, and its Federal Tax Identification number as 59- 2752895, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Emergency Shelter Grant Program in certain areas of Collier County, pursuant to the United States Department of Housing and Urban Development ( herinafter called "HUD ") as provided by the Stewart B. McKinney Act (as amended P.L. 100- 77 herinafter called "ACT "); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit homeless individuals in Naples with the use of Emergency Shelter Grant (ESG) funds; to improve the quality of life in Collier County by providing assistance for emergency - transitional shelter clients at -risk of becoming homeless; as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2005 -2006 Consolidated One -Year Action Plan was developed following the Collier County Consolidated Plan — Citizen Participation Plan, adopted on January 9, 2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2005 -2006 for the ESG Program by Resolution Number 2005 -157 on April 12, 2005, including the use of this standard form Agreement; and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2005 -2006 for the ESG Program SHELTER FOR ABUSED WOMEN & CHILDREN Page 1 of 27 `�Cl� 16 D30 and the use of the ESG funds for the activities identified in the Plan; and WHEREAS, COUNTY and "SHELTER FOR ABUSED WOMEN & CHILDREN" desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage "SHELTER FOR ABUSED WOMEN & CHILDREN" to implement such undertakings of the Emergency Shelter Grant Program (ESG) as valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (1) "County" means Collier County, and where applicable, it's authorized representative(s). (2) `ESG" means the Emergency Shelter Grant Program of Collier County. (3) "HOUSING AND GRANTS SECTION" means the Housing and Grants Section of Collier County. (4) "SUBRECIPIENT" means "SHELTER FOR ABUSED WOMEN & CHILDREN with the legal name of SAWCC, INC." (5) "HOUSING AND GRANTS SECTION Approval" means the written approval of the OPERATIONS SUPPORT AND HOUSING DEPARTMENT or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as. determined by HOUSING AND GRANTS SECTION, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit `B" along with Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. S- 05 -UC -12 -0024. The SHELTER FOR ABUSED WOMEN & CHILDREN Page 2 of 27 00;160 lUC 16 D30 effective date shall be the latest date of execution of this Agreement, and the services of the S1.IBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 15, 2006. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part XII, and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB - RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $96,119.00 NINETY SIX THOUSAND ONE HUNDRED NINETEEN DOLLARS or the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to the Housing and Grants Section at its office, presently located at 3050 North Horseshoe Drive; Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Emergency Shelter Grant (ESG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPfENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. . IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in the Housing and Grants SectioWs Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by Housing and Grants Section. No payments will be made until approved by the Housing and Grants Section or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify the Housing and Grants Section in writing within thirty (30) SHELTER FOR ABUSED WOMEN & CHILDREN Page 3 of 27 04,L61 16D30 days of receiving notification from the funding source and submit a cost allocation plan for approval by the Housing and Grants Section or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Emergency Shelter Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10.. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act SHELTER FOR ABUSED WOMEN & CHILDREN Page 4 of 27 0 16"1 A a 16 D 30 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973• 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 IT 29 CFR Parts 3, 5 and Sa - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act. HUD Form 4010, which describes the Davis -Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A -3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. - Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti- Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23• HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100430 - the Fair Housing Amendments-Act of 1988. 25. 24 CFR 510, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A -102. This subpart includes 24 CFR 570.502. 26. OMB Circular A -133 - concerning annual audits. 27• OMB Circular A -122 - which identifies cost principles. 28. Section 109, Public Law 100 -202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair. trade practices. SHELTER FOR ABUSED WOMEN & CHILDREN Page 5 of 27 16030 29. 24 CFR Part 84 - OMB Circular A -110 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non -Profit Organizations. 30. 24 CFR Part 85- OMB Circular A -102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. C. SUBCONTRACTS \ Any work or services subcontracted by the SUBRECIPIENT 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 SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to Housing and Grants Section 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." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered . by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the Housing and Grants Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD 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 Collier 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 representatives. E. INDEMNIFICATION The SUBRECIPIENT 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 SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or SHELTER FOR ABUSED WOMEN & CHILDREN Page 6 of 27 bol6A. 16 D30 applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT 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 SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by the Housing and Grants Section in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize the Housing and Grants.Section support for all activities-made possible with funds made available under this Agreement. -G. 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 SUBRECIPIENT with funds under this Agreement shall be returned to the Housing and Grants Section or the County. In the event of termination, the SUBRECIPIENT 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 SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set -off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT 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 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 Agreement upon ten (10) working days written notice to the other .party. Upon termination, the County shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE SHELTER FOR ABUSED WOMEN & CHILDREN Page 7 of 27 16 D30 The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. L COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners a Political Subdivision of the State of Florida its Officers. Employees and Agents c/o Operations Support and Housing Section". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Housing and Grants Section reserves the SHELTER FOR ABUSED WOMEN & CHILDREN Page 8 of 27 O 1 �u 16 030 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 thin Agreement. The County reserves 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. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees 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 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. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT 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 agrees 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 1. The SUBRECIPIENT shall maintain all records required by the ESG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or the Housing and Grants Section. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to the Housing and Grants Department if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to the Housing and Grants Section using Exhibit "C ". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis - Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SUBRECIPIENT shall SHELTER FOR ABUSED WOMEN & CHILDREN Page 9 of 27 167 16 B30 maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 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 -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS, AUDITS, AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. E. ADDITIONAL HOUSING AND GRANTS SECTION COUNTY AND HUD REQUIREMENTS The Housing and Grants Section shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by the Housing and Grants Section, the County, or HUD at any time. F. PRIOR WRITTEN APPROVALS- SUMMARY The following activities require the prior written approval of the Housing and Grants Section or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All change orders; and (d) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (e) All rates of pay and pay increases paid out of ESG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the Housing and Grants Section, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to Housing and Grants Section, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. SHELTER FOR ABUSED WOMEN & CHILDREN Page 10 of 27 ) 0 t 16 D30 The SUBRECIPIENT 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 SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A -110 (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 Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to the Housing and Grants Section. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be home by the SUBRECIPIENT. In the event the SUBRECIPIENT 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 SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM - GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to the Housing and Grants Section. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to the Housing and Grants Section, and said plan shall require the prior written approval of the Housing and Grants Section or designee. Accounting and disbursement of such income shall comply with OMB Circular A -110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for ESG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub - contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the SHELTER FOR ABUSED WOMEN & CHILDREN Page 11 of 27 1, ,9,'IV9 16 D30 COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the ESG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through, this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to the Housing and Grants Section upon the Housing and Grants Section's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that the Housing and Grants Section will carry out periodic monitoring and evaluation activities as determined necessary by the Housing and Grant Section or the County and that the 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 SHELTER FOR ABUSED WOMEN & CIJILDRFg1 Page 12 of 27 U 11 17 Q 0 i output measures. The SUBRECIPIENT agrees to famish upon request to the Housing and Grants Section, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by Housing and Grants Section or, the County. The SUBRECIPIENT shall, upon the request of the Housing and Grants Section, submit information and status reports required by the Housing and Grants Section, the County or HUD on forms approved by the Housing and Grants Section to enable the Housing and Grants Section to evaluate said progress and to allow for completion of reports required of the Housing and Grants Section by HUD. The SUBRECIPIENT shall allow the Housing and Grants Section or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by the Housing and Grants Section or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT 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 SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to the Housing and Grants Section 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 moderate - income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT 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 preceding the date hereof. This notice is required by F.S. 287.133 (3) (a). G. DRUG -FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, 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. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 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 SHELTER FOR ABUSED WOMEN & CHILDREN Page 13 of 27 n 0,0.171 16 030 entering into of any cooperative agreement, and the extension, continuation, renewa: amendment, or modification of any Federal contract, grant, loan, or cooperativ agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid t, any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employe of a Member of Congress in connection with this Federal contract, grant, loan, o cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in th award documents for all subawards at all tiers (including subcontracts, subgrants, ani contracts under grants, loans, and cooperative Agreements) and that al SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Unifom Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFF 24.101, shall be subject to the provisions of the ESG Regulations including, but not limited to the provisions on use and disposition of property. Any real property within thf SUBRECIPIENT control, which is acquired or improved in whole or part with ESG fund; must adhere to the ESG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. SHELTER FOR ABUSED WOMEN & CHILDREN Page 14 of 27 1 �1,oci1J,� 1146 030 C. LEAD -BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD- assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation, Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800; Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement 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. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any ESG funds on hand at the time of expiration, any accounts receivable attributable to the use of ESG funds, and any non - expendable personal property that was purchased with ESG funds. Any real property under SU13RECIPIENT control that was acquired or improved in whole or in part with ESG funds will be covered by the regulations 24 CFR Part 570.503(B)(8). X M. CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2006) specifies the limitations on ESG funds, and is herein incorporated by reference. XTV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -six (26) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an SHELTER FOR ABUSED WOMEN & CHILDREN Page 15 of 27 ail i1I11.7Q 16030 original, and such counterparts will constitute one and the same instrument. XV.. 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 1AL—day of �g ups 20 07 (SUBRECIPIENT SEAL) Optional BY: M SHELTER FOR ABUSED WOMEN & CHILDREN Page 16 of 27 1 (. SHELTER FOR ABUSED WOMEN & CHILDREN FOR ABUSED WOMEN & CHILDREN COLLIER COUNTY, K. SCHMITT, ADMINISTRATOI LAITY DEVELOPMENT & NMENTAL SERVICES 16 D 30 EXHIBIT "A' SCOPE OF SERVICES SHELTER FOR ABUSED WOMENT & CHILDREN THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub - consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub - consultants shall be at cost. Such sub - consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. Funds will be used for security and maintenance. B. PROJECT SCOPE: NARRATIVE OF WORK PLAN The purpose of the activities pursuant to this Agreement is to provide assistance for Essential Services, operational costs, and administration cost to benefit the emergency shelter clients at -risk of becoming homeless. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to the Housing and Grants Department and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain the Housing and Grants Section approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain the Housing and Grants Section's approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from the Housing and Grants Section for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. NOTE 5: The SUBRECIPIENT shall submit documentation showing the match funds that will be provided along with ESG funds. The SUBRECIPIENT further agrees that the Housing and Grants Section in consultation with any parties the Housing and Grants Section deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. SHELTER FOR ABUSED WOMEN & CHILDREN Page 17 of 27 00475 C. 1" BUDGET: Line Item: Cleaning Service of Shelter, 100% Maint & Sec Coordinator & benefits, 50% Sonitol Security monitoring & maint, 100% Fire System monitoring & maint, 100% Fyr Fighter Kitchen Hood Ins &maint Utilities,electric, H2O,sewer,garbage, phone, 50% Insurance, 50% Shelter maintenance, electrician, plumber, carpet, Furniture cleaning, floor polishing, duct & vent Cleaning, window cleaning etc, 100% TOTAL GRANT AMOUNT Total Budget 16 D30 ESG Funds $96,119.00 $10,080.00 $10,100.00 $ 5,500.00 $ 1,375.00 $ 450.00 $17,500.00 $11,000.00 $40,114.00 $96,119.00 + $192,238.00 Other $96,119.00 $96,119.00 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Housing and Grants Section, on behalf of the County, as the Grantee, for the Housing and Grants Section's approval, in a form specified by the Housing and Grants Section. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. ASBESTOS REOUIREMENTS: compliance, with all applicable funded through this Agreement. The SUBRECIPIENT shall comply, and ensure its subcontractors' requirements for construction work in connection with the Project F. DAVIS -BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis -Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis -Bacon wage decision and disclose the requirements of the Davis - Bacon Act in its construction bid solicitation and sub - contract(s). G. BONDING REOUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A -110 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. H. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have SHELTER FOR ABUSED WOMEN & CHILDREN Page 18 of 27 0 al oil 16030 complied with the requirements of the Davis -Bacon Act. I. FORMER PROJECTS: Failure to adequately maintain any former ESG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of fixture ESG funds. J. WORK SCHEDULE: The time frame for completion of the outlined activities shall be December 31, 2007. Fifty percent (50 %) of the funding must b e expended by March 31, 2007 One hundred percent (100 %) of the funding must b e expended by June 15, 2007 Please note that ifany ofthese activities exceed the timeline by two months a revised work schedule must be submitted to the Housing and Grants Sections. K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Housing and Grants Section outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with ESG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form "Exhibit C" which is due by the 10`x' of the following month. The progress reports shall be used as an additional basis for the Housing and Grants Section's approval of invoices, etc. for reimbursement. *Please note that the provisions of the Davis Bacon Act (40 U.S.C. 276a- 276a -5) do not apply to the ESG program. SHELTER FOR ABUSED WOMEN & CHILDREN Page 19 of 27 0j0bi` 7 G — 1130 ATLANTA, GA 30301 Date: MAY 14 IM SHELTER FOR ABUSED WOMEN OF COLLIER COUNTY INC PO BOX 10102 NAPLES, FL 33941 Dear Applicant: Employer Identification Number- 59-2752895 Contact Person: LORETTA HAMILTON Contact Telephone Number: (404) 331 -0170 Addendum Applies: No Based on the information you recently submitted, He have classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Internal Revenue Code because you are described in sections 509(a)(1) and 170(b)(1)(A)(vi). Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in 501(2)(3) is still in effect. 16 D30 This classification is based on the assumption that your Operations Hill continue as you have stated. If your sources of support, or your purposes, character, or method of operation change, please let us knots so He can consider the effect Of the change on your exempt status and foundation status. This supersedes our letter dated January 131 1992. Grantors and contributors say rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(1) status, a grantor or contributor may not rely on this determination if he or she Has in part responsible for, or Has aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she icquired knowledge that'the Internal Revenue Service had given notice that you +ould no longer be classified as a section 509(a)(1) organization. If we have indicated in the heading of this letter that an addendum ipplies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private 'oundation status, you should keep it in your permanent records. C Letter 107.3(00 /CG) 00 /],t3 ATTACHMENT II 16030 DEPARTMENT OF CHILDREN & FAMILIES OFFICE ON HOMELESSNESS HOMELESS CONTINUUM OF CARE CHALLENGE GRANTS CSFA 60.014 FY 2008 APPLICATION INSTRUCTIONS Final May 16, 2007 Office on Homelessness 1317 Winewood Boulevard Tallahassee, FL 32399.0700 8501922.4691 FAX: 8501487 -1361 Page # 179 1. Overview 16030 The Challenge Grants shall be used to assist the local homeless continuum of care lead agency and local providers implement their written plan for addressing the needs of their homeless populations. These funds may be used for an array of programs, facilities, and services that are identified in the local continuum of care plan. This may include, but not limited to, the following types of activities or projects (see section 420.624, FS, for a complete description of the Continuum): Homelessness Prevention Outreach Emergency Shelter Supportive Services Transitional Housing Permanent Housing The continuum of care concept and the Challenge Grant program are more fully described in Part VI, Chapter 420, FS. Lead agencies are directed to review sections 420.621 to 420.626, FS, to find definitions of key terms, including "homeless" and "continuum of care." This Challenge Grant program is authorized in section 420.622(4). This state grant requires no matching funds. As the source of the state funding is from general revenue, there will be strict limits on the time available to obligate and expend these dollars. All grants must be obligated by an executed grant agreement and all grant funded activity or project services should be completed or provided by June 30, 2008. All recipients of Challenge Grants shall be required to submit monthly reports on progress and performance until all grant funded activities are completed. Further, grantees will be expected to capture and report information on the housing status of all persons at the time they access or first receive services funded by the Challenge Grant. 2. Eligible Applicants The only entities that may submit an application for the Challenge Grant shall be the lead agencies of the continuum of care, as designated pursuant to section 420.624(6), F.S., by the Office on Homelessness for specified catchment areas within the state. The designation of the lead agencies by the Office on Homelessness has been done in consultation with the U.S. Department of Housing and Urban Development (HUD), the local homeless coalitions within the state, and those agencies that were identified as the lead agency in the most recent application for HUD homeless grants. The list of designated lead agencies by catchment areas is attached in EXHIBIT A. Applications shall only be accepted from these lead agencies. Any other applications received from entities not on the list of designated lead agencies shall be returned, without review, to the entity that submitted it. 3. Maximum Grant The limit on the grant award to a lead agency shall be $150,000 for FY 2008. This maximum grant shall be provided only to the top four ranked applications. The next twelve ranked applications would be eligible for a maximum grant award of $100,000. The remaining grant awards will have a maximum of $60,000 until all funding is obligated. Applications may be submitted for any amount up to but not exceeding $150,000. The lead agency shall clearly identify a budget for those uses or activities to be funded and shall list the projects or activities to be funded if the award is made at the $100,000 level, as well as at the $60,000 maximum grant level. 180 16 030 4. Number of Applications Accepted Each designated lead agency shall submit no more than one (1) application in the fiscal year solicitation. If more than one application is submitted, all applications received from that lead agency shall be rejected and returned to the lead agency without review. 5. Deadline to Submit Applications All applications must be received by the Department in the Office on Homelessness, 1317 Winewood Boulevard, PDHO, Building 3, Room 325, Tallahassee, Florida 32399 -0700, by 5:00 pm, EDT, on July 2, 2007. This deadline shall be formally noticed in the solicitation of applications as published in the Florida Administrative Weekly. Applications received after this deadline shall be rejected and returned to the lead agency applicant without review. There shall be NO EXCEPTIONS or WAIVERS. Applications must be received in the Office by the deadline. Applicants should make sure that if the application is mailed or sent by courier service that they allow adequate time for the application to be delivered to the Department. All applications received shall be date and time stamped upon receipt in the Office on Homelessness and a log maintained to reflect the receipt of each application. No faxed or electronic delivery shall be permitted for submission of applications. 6. Copies to be Submitted The lead agency applicant shall submit an original signed application plus three (3) photocopied applications to the Department. Failure to submit an original signed copy, or the required number of copies (3), shall result in the rejection of the application. The original signed application shall be clearly labeled on the cover sheet "ORIGINAL" to identify the original signed application. 7. Eligible Uses The lead agency may use the grant funds to fund any activity or project that is clearly and specifically identified in its written continuum of care plan. To be an eligible activity or use the lead agency shall execute a written certification that the use is specifically contained in the plan and shall provide evidence of that inclusion in the plan with the certification. This evidence may be documented in a variety of places within your plan, including the description of your continuum of care system, the action steps for attaining goals, the community's strategies to carry out its vision, the components of the continuum, or the project priorities list as described in the Exhibit 1 of the 2007 Continuum of Care application issued by the U.S. Department of Housing and Urban Development. The plan should be sufficiently detailed so as to clearly denote the use, the agency performing the service, and that state funds will be sought to support the use. The application may contain one or more activities to be funded so long as each and every one of the activities proposed for funding is specifically identified in the written continuum of care plan. All of the grant funds shall go to activities proposed for funding that directly benefit homeless persons or persons at risk of homelessness. Activities that do not directly benefit homeless persons may include, but are not limited to, public education, training, planning, and capacity building. Homeless management information systems may be claimed to be a direct benefit use only to the extent that the system is used as a case management tool to coordinate services among two or more local agencies serving the homeless person. The lead agency's written plan for its continuum of care shall be filed with the Office on Homelessness at the time of its designation as the lead agency. Any amendment to that plan on file with the Office, which has been formally adopted by the continuum of care's governing body in a duly noticed meeting, and adopted subsequent to the designation of 181 16 030 the lead agency, must be attached to the application along with a certification of the amendment date by the lead agency. The application must clearly enumerate the activities or projects to be funded, the purpose of each, the amount allocated for each, and the entity to carry out that use or activity. The lead agency shall be fiscally responsible for all grant funds and their eligible use. Performance monitoring of the grant activities is a responsibility of the lead agency. Upon completion of the grant funded activities, the lead agency shall provide its written assessment of the grant's effectiveness in furthering the continuum of care plan. 8. Ineligible Use Grant administration costs of the lead agency are not specifically authorized in section 420.622(4), FS, and are ineligible. No grant funding shall be used by the lead agency for staff salary, benefits, or operating expenses directly related to the management and oversight of this grant. Staffing and administrative costs directly related to the implementation of eligible use activities shall be eligible and shall be included within the total budget allotted to that eligible use. For example, if the lead agency carries out an eligible outreach activity, its staff and operating costs associated with that outreach activity, are eligible. 9. Notice of Solicitation of Applications The Department shall publish the "Notice of Solicitation of Applications for Challenge Grants," in the Florida Administrative Weekly at least 30 days prior to the deadline for applications. EXHIBIT B contains the Notice of Solicitation of Applications. At the time this notice is submitted to the Florida Administrative Weekly for publication, a written copy shall be mailed to each designated lead agency by the Office on Homelessness. The use of electronic media to provide this notice to the lead agencies shall also be allowed, including the use of FAX or email, as appropriate and available, to the lead agency, but only physical delivery as described in paragraphs 6 and 7 shall control delivery on an application. No faxed or electronic delivery shall be permitted for submission of applications. 10. Review Process The Department of Children & Families shall appoint a three person review team consisting of persons who are knowledgeable in the program area, and may include others such as employees of other state agencies or entities that are engaged in planning for or providing homelessness services. Reviewers shall be free of conflict of interest with either potential applicants or providers of eligible activities or project uses of the Challenge Grant. This review team shall evaluate all eligible applications, rank them using the three statutory preference criteria cited in section 420.622(4), FS. Action by the Department shall be final. Upon approval by the Department, all applicants shall be notified in writing of the rankings and grant awards. Failure to receive a grant award is not a protestable event. STATUTORY PREFERENCE CRITERIA A. Demonstrated ability of the continuum of care to provide quality services to homeless persons. The lead agency shall document the performance of its continuum of care to provide quality service to the homeless in its catchment area. This documentation should specifically address the following indicators of quality service as reported in its continuum of care plan for 2007. In addition to the documentation, the lead agency shall execute the certification contained in Exhibit C, attesting to the data reported in its 2007 continuum of care plan. Failure to execute the certification on quality of services shall cause the application to be ranked last on these 182 16030 preference criteria. The lead agency shall attach source documentation to verify the data used in the Exhibit C form. The applicant's total score for these rating criteria will be the sum of points awarded for all of the quality of service indicators. The applicant and COC achieving the highest number of points for most quality of service indicators achieved shall be ranked number one. The applicant having the second highest number of points will be ranked number 2, and so on until all applicants are ranked. The review team shall award points only to the extent that the documentation affirms the quality of service standard was attained. Documentation shall include the relevant charts from the Continuum of Care Exhibit 1 plus additional data as requested below. Quality of Service Factors Chronic 1. Homeless Goals/ Strategy: Past Performance 8 Points Based on your 2007 Exhibit 1 Continuum Plan, report the net change in Permanent Beds for the chronically homeless between February 1, 2006 and January 31, 2007. Using the Beds Chart on HUD 40090 -1 CoC -V, divide the new permanent housing beds by the Permanent Beds as of 2006 to calculate the percentage change in beds. % Change in Permanent Beds in 2006 Points Greater than 100% 8 76 -100% 6 51 -75% 5 26 -50% 4 1 -25% 2 No Change 0 Negative -2 2. Continuum of Care Planning Coordination Based on your 2007 Exhibit 1, Continuum of Care Plan, report on the number of questions check "yes" on the CoC Coordination Chart for linking local homeless planning efforts. [HUD form 40090 -1, CoC -P]. # of Questions Checked "Yes" Points 7or8 3 4, 5 or 6 2 1,2or3 1 0 0 3. Continuum of Care Project Review and Selection Based on your 2007 Exhibit 1 Continuum of Care Plan, report on the number of methods and processes used by the continuum in the voting /decision system to select projects. Using the chart on HUD form 40090 -1, CoC -F, report the number of methods and processes checked as applicable. 183 3 Points 3 Points # of Methods /Processes Checked Points 16030 5or6 3 3or4 2 1 or 2 1 0 0 4. Project Performance— Employment Income 8 Points The percentage of clients in all of your continuum's renewal projects who exited or left the projects who had employment income as a source of income will be evaluated. Using your 2007 Exhibit 1 Continuum Plan's CoC Mainstream Programs and Employment Project Performance, HUD 40090 -1, CoC -X chart, report the percentage of the adults who left with employment income at the time of exit from the applicable renewal projects. % With Employment Income Upon Exit Points 80% or Higher 8 70 -79% 7 60 -69% 6 50 -59% 5 40 -49% 4 30 -39% 3 29% or lower 2 No Applicable Renewal Projects 3 5. Project Performance — Food Stamp Benefits 8 Points Similar to the employment income factor above, report on the percentage of the clients in all of your continuum's renewal projects who left the projects with Food Stamps. Using the COC Mainstream Programs and Employment Project Performance, HUD 40090 -1, CoC -X chart, report the percentage of adults who left with Food Stamps at the time of exit from the applicable renewal projects. % With Food Stamps upon Exit Points Greater than 60% 8 46 -60% 7 31 -45% 16 -30% 1 -15% 0% No Applicable Renewal Projects 6. Project Performance- SSI 4 Points Like the employment income factor above, report on the percentage of clients in all of your continuum's renewal projects who exited the projects who had SSI income. Using your 2007 Exhibit 1 Continuum of Care Plan Mainstream Programs and Employment Project Performance, HUD Form 40090 -1, CoC -X chart, report the percentage of the adults who left with SSI income at the time of exit from the renewal projects. % with SSI Upon Exit Points 184 20.0% or higher 4 16 D30 10.0% to 19.9% 3 5.0% to 9.9% 2 0.1 %to4.9% 1 0% 0 No Renewal Projects 1 Project Performance- SSDI 4 Points As in the employment income factor, report on the percentage of clients in all your continuum's renewal projects who exited the projects with SSDI income. Based on the HUD form 40090 -1, CoC -X chart, report the percentage of the adults who left with SSDI income. % with SSDI Upon Exit Points 20.0% or higher 4 10.0% to 19.9% 3 5.0% to 9.9% 2 0.1 %to4.9% 1 0% 0 No Renewal Projects 1 8. Project Performance— Permanency of Housing 8 Points Based upon your 2007 Exhibit 1 Continuum plan, Housing Performance Chart, assess the percentage of the clients served with permanent housing who remained in this permanent housing for seven months or longer. Report the percentage of participants in the applicable permanent housing projects who stayed seven months or longer. % Stay Housed 7 Months or Longer Points 90 to 100% 8 80 to 89% 7 70 to 79% 6 60 to 69% 5 50 to 59% 4 0 to 49% 2 No Applicable Permanent Housing Projects 3 9. Project Performance — Transition to Permanent Housing 8 Points This factor assesses the percentage of all Transitional Housing clients who moved to a permanent housing living arrangement. Using the 2007 Exhibit 1 Continuum plan's, Housing Performance Chart, report the percentage of all participants who left transitional housing who moved to permanent housing. % Moved to Permanent Housing Points Greater than 80% 8 65 to 80% 6 50 to 64% 4 35 to 49% 2 185 No Applicable Transitional Housing Projects 3 16 D30 Less than 35% 1 10. Homeless Management Information Systems Coverage 10 Points The continuum's effort to implement a Homeless Management Information System in all shelter, transitional and permanent housing beds will be evaluated. Using the data reported in the Continuum of Care Housing Inventory Charts, report the percentage of all year round beds /units that are covered by the continuum's HMIS. % of ALL Beds /Units Covered by HMIS Points 91-100% 10 81-90% 9 71-80% 8 61-70% 51 —60% 41-50% 31-40% 21 —30% 11-20% 1 -10% 0% 11. Homeless Population Shelter Coverage 10 Points This factor will assess the extent to which the continuum is sheltering its homeless population. Based on the Continuum of Care Homeless Population and Sub - populations chart in the 2007 Exhibit 1, calculate the percentage of the total homeless persons that are sheltered in emergency or transitional facilities. % of Homeless Persons Sheltered Points Greater than 80% 10 60 to 80% 8 40 to 59% 6 20 to 39% 4 less than 20% 2 12. Expanded Continuum Catchment Area 4 Points To continue toward a goal of statewide coverage in local continuum of care plans, a bonus factor is available to any continuum which expands its 2007 catchment area by one or more county that was not included in a continuum in 2005, as designated by the Office on Homelessness. Continuum Catchment Area Expanded Points One or More County added 4 13. Past Performance: Unexecuted Grants < -10> Points 186 16 B30 Failure of the continuum to move projects awarded grants by the U.S. Department of Housing and Urban Development in the Continuum of Care NOFA to successful grant agreements is assessed as a negative performance factor. The ability to implement the grant agreements and carry out the federally funded homeless housing projects is critical to the continuum's long term success. Number of HUD Awards Made Prior to 2006 Points that are NOT under Contract Deducted 1 Award Unexecuted - 2 Points 2 Awards Unexecuted - 4 Points 3 Awards Unexecuted - 6 Points 4 Awards Unexecuted - 8 Points 5 or more Awards Unexecuted -10 Points MAXIMUM POINTS POSSIBLE IS 78 POINTS B. Ability to leverage McKinney Act and private money for the provision of services to homeless persons. The lead agency shall list on the form in Exhibit D all funding received by organizations participating in the continuum of care from grants authorized under the McKinney -Vento Homeless Assistance Act (42 U.S.S., ss 11371, et. seq.), and from private sources (non - governmental) for homeless services within its catchment area. The list shall be limited to those grants received or private cash received within the period from July 1, 2006 to June 30, 2007. For grants, received shall be defined as the total amount of the grant award as reflected on the fully executed grant award letter from the grantor agency as dated within the above stated period. Once the grant award has been claimed as leverage in a Challenge Grant application, it may no longer be claimed on any future Challenge Grant application. Do not include any grant awards claimed in your 2002, 2003, 2004, 2005, 2006 or 2007 Challenge Grant applications. For private funds, the amount received shall be the actual amount of cash received during the period (July 1, 2006 to June 30, 2007) for direct services targeted to homeless persons. In -kind services or donations of goods or services shall not be eligible to be claimed as leverage. The amount of cash received for service to the homeless shall be evidenced by a letter on agency letterhead, signed by the chief executive officer, stating the amount of cash received for homeless service, and the services supported by that cash. The lead agency shall provide this evidence in the application, and keep it on file in the continuum records. Like the grant funding, once the private cash is claimed in a Challenge Grant application, it may no longer be claimed on any future Challenge Grant application. Lead agencies are directed to the following programs authorized under the McKinney -Vento Homeless Assistance Act, for claims of grant funding leveraged. These are the only grant sources that shall be recognized for leverage. Federal Eligible Program Name CFDA # Agency Grantees 1. Homeless Veterans Reintegration Program 17.805 Labor State and local public agencies, private industry councils, non - profit agencies in 75 largest metropolitan areas and rural areas of need. 2. Health Care for the Homeless 93.151 HHS Non - profit private organizations, state and local government agencies. 187 16 030 3. Projects for Assistance in Transition from 93.150 HHS States, District of Columbia, territories, Homelessness (PATH) with subgrants to political subdivisions of states and non - profit entities. 4. Education for Homeless Children & Youth 84.196 Educ. State departments of education, with local educational agencies as subgrantees. 5. Emergency Shelter Grant 14.231 HUD States, cities, urban counties and territories, with subgrants to non - profit entities. 6. Shelter Plus Care 14.238 HUD States, units of local government, or public housing agency. 7. Supportive Housing Program 14.235 HUD States, local governments, other govern- mental entities, private non - profits, public non - profit community mental health association. 8. Section 8 Moderate Rehab, Single Room 14.249 HUD Public housing agency or private non - Occupancy (SRO) profit organization. 9. Emergency Food and Shelter 83.523 FEMA Red Cross, Catholic Charities, United Jewish Communities, National Council of Churches, Salvation Army, United Way, independent non - profits which provide food and /or shelter services. The lead agency shall fully document in the application the amounts claimed as leverage and maintain that evidence in its files to support the certification of leverage claimed on Exhibit D. Failure of the lead agency to execute the certification of leverage shall cause the application to be ranked last on the leverage preference criteria. The amount of leveraged grant, as certified by the lead agency, shall be divided by the population of the continuum's catchment area, to calculate a leverage ratio of McKinney -Vento grant. Likewise, the amount of private cash received for direct homeless services, as certified by the lead agency shall be divided by the population of the continuum's catchment area, to calculate a leverage ratio of private dollars per 1000 population The ranking of the applications shall be based on the two leverage ratios calculated. The application with the highest ratio of McKinney -Vento grants per thousand persons shall be ranked number 1 on this factor. The next highest ratio of McKinney grants will be ranked 2 and so on until all applications are ranked. Similarly, all applications will be ranked on the private cash ratio, with highest ratio ranked number 1. The second highest ratio of private cash is ranked number 2 and so on. A final ranking shall be established by combining the two rankings of the leveraging ratios. Example, an application is ranked 4th on McKinney grant leverage and 15th on private cash leverage. The total ranking score for that application would be 19. The application with the lowest combined ranking score will be ranked first on this preference criteria. 188 16 D3 C. Catchment area with the greatest need for the provision of housing and services to the homeless, relative to the population of the catchment area. The lead agency shall add the data contained in the continuum of care homeless population and sub- populations chart for both persons in households with dependent children and persons in households without dependent children. This total number of homeless persons shall be aggregated as a count of the estimated number of persons homeless, and shall include both those sheltered and unsheltered in the catchment area. The latest homeless population charts instruction and tables from the U.S. Department of Housing and Urban Development shall guide your response. The data contained in the continuum's homeless population table as submitted in the 2005, 2006 and 2007 federal grant competition shall be used, without change, in determining need under this scoring criteria. In documenting the need for homeless services, the lead agency shall use the Continuum of Care Homeless Population and Sub - population chart as filed with the Office on Homelessness, as part of the designation of lead agencies for the last three years. The lead agency shall certify that this data: represents the number of homeless persons in the catchment area on any given night; is true and accurate for the catchment area; and is derived in accordance with the federal grant instructions The lead agency shall complete and execute the certification on the need form, Exhibit E. In the event an applicant fails to execute the certification, the application shall be ranked last on the need statutory criteria. The HUD Exhibit 1 homeless population table along with the narrative describing the methods used to estimate this need shall be submitted with the Exhibit E. The total number of homeless persons for the three years shall be calculated, and then divided by three (3) to determine the average number of homeless persons per year for the past three years. This average number of homeless persons per year, both sheltered and unsheltered, shall be divided by the total population of the catchment area, based on the 2000 Census data by county(s) within the catchment area. EXHIBIT H provides the total population by continuum in 2000. The resultant calculation shall establish a ratio of homeless population per 1000 population for the catchment area as documented using the form found in Exhibit E The review team shall compare all eligible applicants to determine the catchment area with the highest ratio of homeless persons per 1000 population. This application shall be ranked number one. All other applicants shall be ranked in descending order with the second highest need ratio ranked second and so on until all applicants are ranked. In the event two or more applicants have the same need ratio, they shall be ranked equally in the rank order, with their rank score being the average score of the two or more rank places. Example: Two applicants have the same need ratio of 1.0 homeless persons per 1000 population. Ten applicants have higher ratios. The two applicants would be ranked at 11.5, averaging the number 11 and 12 rank order places. FINAL RANKING The review team shall establish a final ranking by totaling the rankings in the three preference criteria outlined above. For example, if the application is ranked number 7 in quality of service, number 3 in leverage, and number 6 in need, its total ranking score is 16. The application with the lowest combined ranking score of the three reviewers shall be the top ranked application. 189 16030 In the event of a tie in the total ranking score, the review team shall rank the applicant that was ranked higher on the catchment area need preference criteria above the other application for the purpose of determining the final order for awards. 11. Grant Amounts The total grant funding available for award is $2,116,025. The amount of grant award shall be the total amount of eligible uses requested, up to $150,000. The top ranked application shall be funded first, with each subsequent ranked application awarded until the grant amount is exhausted. The top four ranked applications shall be eligible for a grant up to $150,000. The next twelve ranked applications shall be awarded a maximum grant of $100,000. All remaining grant awards shall be limited to no more than $60,000, subject to the availability of budget authority. The Department reserves the right to make grant awards in amounts less than the requested amount in the event that: (1) uses proposed are deemed ineligible by the Department, or (2) that the grant funding remaining available is less than the amount of the grant request. Lead agencies receiving grant awards shall agree to participate in the Office on Homelessness' process to develop standardized data collection methods and the creation of a homeless management information system. Further, grantees shall be required to submit monthly reports of performance, until grant funded activities are completed. The lead agency and all providers of grant assisted service shall collect and report information of the housing status of persons at the time they access or first receive assistance from the grant- funded activities. 12. Application Formats All applications shall be on paper of the size 8' /z x 11, be provided in the order described below, and the application shall be bound with a table of contents clearly showing the order of the material, and with pages clearly numbered. Where referenced documents area to be included in the application, they shall be inserted in the application immediately following the section of the application in which they are referenced. 13. Application Contents Each application shall consist of the following information and shall be bound in the following order (1) Cover Letter The lead agency shall provide a letter, on agency letterhead, describing the total amount of the requested grant, an enumeration of the uses of the grant, and the point of contact at the lead agency to serve a grant manager. A point of contact shall be identified who can be notified in the event of a grant completeness issue. A phone and fax number shall be provided for the contact person for completeness issues. A duly authorized official of the lead agency shall sign this letter. (2) Budget The budget shall follow the forms contained in EXHIBIT F & G and must clearly delineate the following for each proposed activity or project: (a) The activity or project use. (b) Amount of grant for each use /activity. (c) Name of the provider entity to carry out the activity or use. (d) Whether this is an existing service or a new service to fill an unmet need. (e) Number of Homeless Persons Served. (f) Estimated Expenditure of Grant Funds by Quarter. Separate budget forms should be submitted for the three possible grant award levels. 190 (3) Certification of Consistency with Continuum of Care Plan. 16 B 3 0 The lead agency shall provide a letter on agency letterhead that shall be signed by the same duly authorized official that signs the cover letter certifying that each use is specifically identified within the continuum of care plan. This letter shall list each use proposed for funding along with the specific citation of where in the plan this activity or use is described in the plan. This reference should cite the section, page, project list, or other clearly identifiable reference to the plan. Copies of applicable portions of the written plan shall be attached to the letter highlighting the specific use citations, which clearly denote the use, the agency to perform the service, and that state funds will be sought to support the use. Failure to properly document the consistency of any activity proposed for funding shall make that activity ineligible for the grant. (4) Narrative: The lead agency shall provide a narrative that describes all of the activities to be funded, the homeless populations to be served, and the outcomes expected to be achieved for each activity proposed to be funded. This narrative should clearly delineate which uses would be funded at the $150,000 grant level, as well as those to be funded at the $100,000 level, or the $60,000 level. (5) Quality of Services Narrative The lead agency shall document the actions taken by the continuum of care in providing quality services, as described in item 10.A starting on page 4 above. Be sure to document the quality of service issue with your CoC plan information, so as to enable the reviewer to determine whether the quality indicator has been achieved. The certification by the lead agency of indicators of quality of services, per the form in Exhibit C, shall immediately follow this section. Documentation of the scored criteria shall follow the Exhibit C certification. The documentation shall be clearly identified to refer to the scoring criteria. Failure to properly document the issue shall result in no points being assigned to that quality of service issue. (6) Leverage of McKinney Act and Private Funds. The lead agency shall list the funding received in the period from July 1, 2006 to June 30, 2007, by grant award or private (under. The list shall clearly show each individual grant or receipt of private cash, which clearly references the item on the list. The lead agency shall provide a signed certification of the total of funding leveraged. This listing shall follow the form on EXHIBIT D. Documentation of grant awards and private cash sources shall follow the Exhibit D certification, and shall be clearly labeled to refer to the specific leverage item claimed. (7) Homeless Need The lead agency shall complete the form on EXHIBIT E, using the data from its Homeless Population and Subpopulation Chart in its continuum of care plans from 2005, 2006 and 2007 and the census population data from EXHIBIT H. The result should be the ratio of the average number of homeless persons per year per 1000 population, rounded to the nearest hundredth of a person. The lead agency shall provide a signed certification on the data used from the homeless population chart on Exhibit E. Copies of the Homeless Population and Sub - population Charts for the last three years, along with the narrative or chart describing the methods used to estimate the need, shall follow Exhibit E. (8) Ability to Complete Activities The lead agency shall document the ability of the continuum of care agency(s) to complete the funded activities by the end of June 2008. This should include timelines of critical tasks to be accomplished for each use; monthly or quarterly spending plans; proposed draw down schedules; and reporting schedule for outcomes achieved. This narrative should address the status of the selection of the local providers of activities; the status of needed 191 16 B30 subcontracts between the lead agency and the provider entities; the identification of homeless clients to be served; and preparations underway to allow for the timely obligation and expenditure of these funds. Future grant awards may be subject to the timely completion of all grant funded activities. 14. Performance Measures Pursuant to state law, the Office on Homelessness shall establish performance measures to evaluate the effective performance of the lead agencies that receive grant funds. The Office shall base its evaluation criteria on the program objectives, goals and priorities as set forth by the lead agencies in their proposals for funding. Each lead agency receiving a grant under this solicitation shall provide to the Office on Homelessness on or before June 30, 2008, a thorough evaluation of the effectiveness of the grant in achieving its intended purpose. At a minimum, this written evaluation shall address the following: a. Implementation of the Continuum of Care Plan. The lead agency shall evaluate the effectiveness of the grant to further the continuum of care plan, including the extent to which the grant accomplished plan objectives or actions steps, or resolved unmet needs specified in the plan. b. Planned versus Actual Services Provided. The evaluation shall compare the proposed number of homeless persons to be served by grant funded activity as enumerated on Exhibit F, Budget Form, to the actual number of persons served. The lead agency shall provide explanation for any activity that failed to achieve the target service level. c. State and Federal Performance Obiectives. The lead agency shall report on their continuum of care performance on the following four outcomes. The data shall include the continuum of care plan performance at the time of the grant application submission, as well as the continuum's level of performance as of June 30, 2008 on these four criteria. (i) HMIS Implementation. Report the total number of homeless beds, and the total number of those beds for which data is being entered into HMIS on clients served by those beds for the continuum . (HUD Exhibit 1 data) (ii) Stability in Permanent Housing. Report the number of homeless persons served in HUD permanent housing projects who stayed 7 months or longer, as reflected in HUD form 40090 -1(W), in the 2008 Exhibit 1 plan. (iii) Move to Permanent Housing. Report the number of persons living in HUD transitional housing who moved to permanent housing, as reported on HUD form 40090 -1(w), in the 2008 Exhibit 1 plan. (iv) Employment Income. Report the total number of adults who left HUD homeless housing, and of those, the number who had employment income upon exit, as reflected on HUD form 40090 -1(x), in the 2008 Exhibit 1 plan. 15. Completeness. The Office on Homelessness shall evaluate all applications received by the deadline date and time for completeness. The completeness review shall be limited to the following items: • Is there a signed original, plus three copies of the application? • Is there a signed, original certification of consistency with the continuum of care plan? 192 • Are Exhibit F and G, budget forms contained in the application? 16030 If any of these items are not contained or found in the completeness review, the Office on Homelessness shall notify the applicant by FAX of the missing item. The Office will also make a call to the lead agency to affirm that a fax was sent. The applicant shall have 72 hours to FAX the missing material or item to the Office (from the date and time of the notice of missing item(s)). Failure to provide original signed certification on the following items shall result in the application ranking being ranked last for the respective preference criteria by the review team. • Certification of Quality Service Standards, Exhibit C. • Certification of Leverage Funds, Exhibit D. • Certification of Unmet Need per Catchment Area Population, Exhibit E. No additional material shall be provided following the deadline for receipt of the application for any of the ranking criteria. Failure to provide a complete application shall result in rejection and return of the application without ranking. This determination will be made following the receipt of materials, or lack thereof, after the 72 -hour response period. 16. Liens. In the event that the Challenge Grant proceeds are used to acquire or improve real property, such use shall be contingent upon the lead agency and/or its subgrantees granting to the state a security interest in the property at least equal to the amount of the state funds provided, for at least five (5) years from the date of purchase or completion of the property improvements. The securing of the lien position and recording of the lien document shall be the responsibility of the lead agency. The lien must be in the Department's favor. See Exhibit I for a sample lien document. 17. Contact: Mr. Tom Pierce, Executive Director, or Ms. Bonnie Hazleton, Senior Management Analyst II Office on Homelessness 850/922 -4691 850/487 -1361 [FAX] 193 EXHIBITS 16030 CHALLENGE GRANTS EXHIBIT INFORMATION A Designated Lead Agencies by Catchment Area B Notice of Solicitation of Applications for Challenge Grants C Quality of Service Certification by Lead Agency D Leveraged Funding Form and Certification E Certification of Estimated Need Per Catchment Area Population F Budget Form G Expenditure Schedule H Population Per Continuum of Care I Sample Lien Document J Section 420.624, Florida Statutes K Monthly Status Report 194 CONTINUUM OF CARE LEAD AGENCY Ms. Beth O'Grady Alachua County Coalition for the Homeless & Hungry 703 NE I" Street Gainesville, FL 32601 P — 352/378 -0460 F — 352/373 -4097 Achomeless(a)vahoo.com Mr. Rick Dye Homeless & Hunger Coalition of NW Florida 515 E. 6th Panama City, FL 32444 P — 850/215 -9066 F — 850/215 -9066 Ccoleman( problemsolvedconsulting.com Ms. Rosa Reich Brevard County Housing and Human Services 2725 Judge Fran Jamieson Way Building B Viera, FL 32940 P — 321/633 -2076 F — 321/633 -2170 Rosa. reich (a)brevardcounty. us Mr. Steve Werthman Broward County Homeless Initiative Partnership Governmental Center 115 S. Andrews Av. Ste. 516 Ft. Lauderdale, FL 33301 P — 954/357 -6101 F — 954/357 -5521 serthman@broward.org Ms. Connie Thrasher, Executive Director Charlotte County Homeless Coalition PO Box 380157 Murdock, FL 33938 -0157 P — 941/627-4313 F — 941/627-9648 Conn ie. thrasher (a)cchomelesscoalition.org EXHIBIT A 16030 CATCHMENT AREAS BY COUNTY Alachua, Putnam, Bradford and Levy 195 2000 Population 348,916 Bay, Calhoun, Gulf, Holmes, Jackson and Washington 2000 Population 260,858 Brevard 2000 Population 476,230 Broward 2000 Population 1,623,018 Charlotte 2000 Population 141,627 CONTINUUM OF CARE LEAD AGENCY Barbara Wheller Mid - Florida Homeless Coalition P.O. Box 1527 Eustis, FL 32727 -1527 P — 352/860 -2308 F — 352/726 -3280 Mfhc(u)tampabay. rr.com Rita Dopp United Way of Suwannee Valley 325 NE Hernando Ave., Suite 102 Lake City, FL 32055 -4015 P — 386/752 -5604 F — 386/752 -0105 Unitedwav(c)bellsouth. net Ms. Susan Golden Collier County, Housing and Human Svs. CDES /Housing and Grants 3301 E. Tamiami Trail Naples, FL 34112 P — 239/213 -2901 F — 239/403 -2331 SusangoldenPcolliergov. net Mr. Richard Reinhardt Highlands County Coalition for the Homeless 155 US Highway 27 South, Suite 1 Sebring, FL 33870 P- 863/402 -6925 or 863/257 -0945 F- 863/452 -6882 Richard. reinhardt(o)fhrch.org Ms. Diane Gilbert, Executive Director Emergency Services & Homeless Coalition of Jacksonville 214 N. Hogan Street, 8`h Floor Jacksonville, FL 32202 P — 904/255 -8264 F — 904/255 -8244 Dgilbert(cDcoi.net 196 Mj CATCHMENT AREAS BY COUNTY Citrus, Hernando, Lake and Sumter 2000 Population 512,760 Columbia, Hamilton, Lafayette and Suwannee 2000 Population 111,706 Collier 2000 Population 251,377 Desoto, Glades, Hardee, Hendry, Highlands and Okeechobee 2000 Population 229,209 Duval and Clay 2000 Population 919,693 CONTINUUM OF CARE LEAD AGENCY Mr. Tim Ehly EscaRosa Coalition on the Homeless PO Box 17222 Pensacola, FL 32522 -7222 P — 850/439 -3009 F — 850/436 -4656 Timehlv(d.)earthl ink. net Mr. Rayme L. Nuckles Homeless Coalition of Hillsborough County, Inc. PO Box 360181 Tampa, FL 33673 -0181 Admin Office 1102 N. FL. Ave., Suite 203 P — 813/223 -6115 F — 813/223 -6178 Rayme(a)homelessofhc.org Ms. Louise Hubbard, Executive Director Treasure Coast Homeless Services Council, Inc. 2525 St. Lucie Avenue Vero Beach, FL 32960 P — 772/567 -7790 F — 772/567 -5991 irhsclh(a)aol.com Mr. Richard Faris Lee County Department of Human Services 2440 Thompson Street Fort Myers, FL 33901 P — 239/533 -7930 F — 239/533 -7960 Farisrl(a) leeg ov. com Ms. Kay Freeman, Executive Director Big Bend Homeless Coalition 2729 W. Pensacola Street Tallahassee, FL 32304 -0907 P — 850/205 -6005 F — 850/577 -0586 Kfreeman(cDbigbendhc.orp Mr. Richard Martin Suncoast Partnership to End Homelessness 14452 "d Street Sarasota, Florida 34236 P — 941/955-8987 F — 941/365A368 Richard. Martin (cD.suncoastpartnership.org 197 16D30 CATCHMENT AREAS BY COUNTY Escambia and Santa Rosa 2000 Population 412,153 Hillsborough 2000 Population 998,948 Indian River, Martin and St. Lucie 2000 Population 432,373 Lee 2000 Population 440,888 Leon, Franklin, Gadsden, Liberty, Madison, Taylor, Jefferson & Wakulla 2000 Population 376,371 Manatee and Sarasota 2000 Population 589,959 CONTINUUM OF CARE LEAD AGENCY Mr. David Fullarton Marion County Homeless Council, Inc 1401 NE 2nd Street Ocala, FL 34470 P — 352/454 -7760 F — 352/732 -9608 Execdirna.mchomelesscou ncil. org Mldcfullarton(cDmsn.com Mr. David Raymond, Executive Director Miami -Dade County Homeless Trust 111 NW 1st St, Suite 27 Floor Miami, FL 33128 P — 305/375 -1490 F — 305/375 -2722 drav(aDmiamidade.gov Ms. Wendy Coles, Executive Director Southernmost Homeless Assistance League PO Box 2990 Key West, FL 33045 P — 305/294 -9105 F — 305/294 -9110 Flshal(d,)com cast. net Ms. Lenore Wilson Okaloosa Walton Homeless Continuum of Care 941 Central Avenue, #941 -L Fort Walton Beach, Florida 32547 P — 850/362 -8149 Raven Len(cDaol.com Ms. Catherine Jackson, Executive Director Homeless Services Network of Central Florida 1510 E. Colonial Drive, Suite 201 -W Orlando, FL 32803 P — 407/893 -0133 F — 407/893 -5299 Clackson (a)homelessnetworkcfl.org Georgiana Devine Division of Human Services of Palm Beach County 810 Datura Street, Suite 350 West Palm Beach, FL 33401 P - 561/ 355 -4778 F — 561/355-4801 Gdevine(aDobcgov. com 198 CATCHMENT AREAS BY 10 30 Marion 2000 Population 258,916 Miami -Dade 2000 Population 2,253,362 Monroe 2000 Population 79,589 Okaloosa and Walton 2000 Population 211,099 Orange, Osceola and Seminole 2000 Population 1,434,033 Palm Beach 2000 Population 1,131,184 CONTINUUM OF CARE LEAD AGENCY Mr. Eugene Williams Pasco County Community Development Division 5640 Main Street, Suite 200 New Port Richey, FL 34652 P — 727/834 -3445 F — 727/834 -3450 Ewilliams(a)pascocountvfl. net Ms. Sarah K. Snyder, Executive Director Pinellas County Coalition for the Homeless 518062 nd Ave North Pinellas Park , FI 33781 P: 727/528 -5763 C: 727/528 -5764 sarah(a-)pinellashomeless.ora Mr. Mark Spiker, Executive Director Homeless Coalition of Polk County 830 North Kentucky Avenue Lakeland, FL 33801 P — 863/687 -8386 F — 863/802 -1436 hpolk(otampabay. rr. com Ms. Elaine Dilbeck Emergency Services and Homeless Coalition of St. Johns County, Inc. PO Box 3422 St Augustine, FL 32085 -3422 P — 904/824 -6623 F - 904/824 -6361 Homelesscoalition(a)comcast.net Ms. Lindsay Roberts, CAE Executive Director Volusia / Flagler County Coalition for the Homeless Street Address: 324 North Street; Daytona Beach 32114 Mailing Address: PO Box 6498 Daytona Beach, FL 32122 -6498 P — 386/795 -1278 or 386/252 -9400 F — 386/258 -1854 Lindsay(a)VFCCH.org Revised May 16, 2007 199 16 D 30 CATCHMENT AREAS BY COUNTY Pasco 2000 Population 344,765 Pinellas 2000 Population 921,482 Polk 2000 Population 483,924 St. Johns 2000 Population 123,135 Volusia and Flagler 2000 Population 493,175 16 D30 EXHIBIT B SOLICITATIONS OF APPLICATIONS FOR CHALLENGE GRANTS TO LEAD AGENCIES FOR HOMELESS ASSISTANCE Pursuant to Section 420.622 Florida Statutes, the Department of Children and Families through the State Office on Homelessness, hereby solicits applications for Challenge Grants to lead agencies for homeless assistance continuums of care designated by the State Office on Homelessness. A lead agency may be a local homeless coalition, municipal or county government, or other public agency, or a private not for profit corporation. Such grants may be up to $150,000 per lead agency. To qualify for the grant, a lead agency must develop and implement a local homeless assistance continuum of care plan for its designated catchment area. Preference will be given to those lead agencies that have demonstrated the ability of their continuum of care to provide quality services to homeless persons and the ability to leverage federal homeless assistance under the Stewart B. McKinney Act and private funding for the provision of services to homeless persons. Preference will also be given to lead agencies in catchment areas with the greatest need for the provision of housing and services to the homeless, relative to the population of the catchment area. Lead agencies wishing to apply for such Challenge grants may request an application package from: Office on Homelessness 1317 Winewood Boulevard Tallahassee, FL 32399 -0700 850/922 -4691 The deadline forsubmission of applications to the Office on Homelessness shall be 5:00 p.m., EDT, on July 2, 2007. 200 EXHIBIT C 16030 QUALITY OF SERVICE: CERTIFICATION 1. Chronic Homeless Goals/ Strategies: Past Performance Using information from your 2007 Exhibit 1 Continuum of Care Plan, HUD 40090 -1 CoC -V form, Chronic Homeless Progress Chart complete the following calculation. New PH beds for Chronic Homeless (2/1/06 to 1/31/07) Number of Permanent Beds for Chronic Homeless 2006 Beds Beds Divide the Number of New Beds ( ) by the Total Permanent Beds in 2006 () to calculate the percentage change in Beds (—%). Documentation Required. • Attach to this form, HUD 40090 -1, CoC -V. 2. Continuum of Care Coordination Using information on form HUD 40090- 1,CoC -P, CoC Coordination chart, indicate the number of questions checked "Yes" on the coordination of homeless planning efforts. Checked "Yes" on of the eight questions. (questions 1.a. to 3.a) Documentation Required. Attach HUD form 40090 -1, CoC -P 3. Continuum of Care Project Review and Selection Using information from HUD form 40090 -1, CoC -F, Project Review and Selection Chart, section 3, Voting /Decision System, indicate the number of methods or processes used by your continuum. Checkednumber of the six methods /processes, listed in (a) to (f) Documentation Required HUD form 40090 -1, CoC -F, 4. Past Performance: Employment Income Using information reported in your 2007 Exhibit 1 Plan, form HUD 40090 -1, CoC -X, Mainstream Programs and Employment Project Performance Chart, enter the percentage of clients in all your renewal projects who gained access to "employment income" at exit from the renewal projects. This data is reported as "h. employment income" under Income Source, with the percentage calculation reported in column 4, "% with income at exit'. % of Adults with Employment Income at Exit Check here if your continuum reported having no applicable renewal projects on the form. Documentation Required • Form HUD 40090 -1, CoC -X, Mainstream Programs and Employment Project Performance Chart. 201 5. Project Performance: Food Stamp Benefits 16030 Using information reported in your 2007 Exhibit 1 Plan, form HUD 40090 -1, CoC -X, Mainstream Programs and Employment Project Performance Chart, enter the percentage of clients in all your renewal projects who gained access to "Food Stamps" at exit from the renewal projects. This data is reported as "t.. Food Stamps" under Income Source, with the percentage calculation reported in column 4, "% with income at exit ". % of Adults with Food Stamps at Exit. Check here if your continuum reported having no applicable renewal projects on the form. Documentation Required: Same as for 4 above. One copy only required. HUD 40090 -1, CoC -X, Mainstream Programs and Employment Project Performance Chart. 6. Project Performance -SSI From your 2007 Exhibit 1 plan, report the percentage of clients in all your renewal projects who had SSI income upon exit from the project. On HUD form 40090 -1, CoC -X, report the percentage data as reported in "a. SSI" under Income Source, with the percentage calculation reported in column 4, "% with income at exit" _% of adults with SSI income at exit _Check here if your continuum reported having no applicable renewal projects on this form. Documentation Required HUD form 40090 -1, CoC -X, Mainstream Programs and Employment Project Performance Chart. One copy only required for this form from 4 above. 7. Project Performance- SSDI Using the HUD form 40090 -1, CoC -X, from your 2007 Exhibit 1 plan, report the percentage of clients in all your renewal projects who had SSDI income upon exit from the project. Report the percentage data as required in 'b. SSDI" under Income Source, with the percentage calculation reported in column 4, "% with income at exit." _ % of adults with SSDI income at exit. _ Check here if your continuum reported having no applicable renewal projects on this form. Documentation Required HUD form 40090 -1, CoC -X, Mainstream Programs. (Same as required for items 4, 5, and 6 above. One copy only required) 8. Project Performance: Permanency of Housing From your 2007 Exhibit 1 Plan, report the percentage of the clients served with permanent housing who remained in this permanent housing for seven months or longer. Using data reported on HUD 40090 -1, CoC -W, Housing Performance Chart, enter the percentage number reported in section 1, Permanent Housing, item "e" [Percentage of all participants in permanent housing project(s) staying seven months or longer]. % of Participants who stayed 7 months or longer. Check here if your continuum reported having no applicable permanent housing renewal projects. Documentation Required • Form HUD 40090 -1, CoC -W, Housing Performance Chart 202 16D30 9. Project Performance: Transition to Permanent Housing Based on your 2007 Exhibit 1 Plan, report the percentage of all Transitional Housing clients who moved to a permanent housing living arrangement. Using the data reported on form HUD 40090 -1, CoC -W, Housing Performance Chart, enter the percentage number reported in section 2, Transitional Housing, item "c" [Percentage of participants in transitional housing projects who moved to permanent housing] % of participants in transitional housing who moved to permanent housing. Check here if your continuum reported having no applicable transitional housing renewal projects. Documentation Required: Same as for 8 above, only one copy is required. HUD 40090 -1, CoC -W, Housing Performance Chart 10. Homeless Management Information Systems (HMIS) Coverage. Using information contained in your 2007 Exhibit 1 Plan's Housing Inventory Charts (HUD 40090 -1, CoC -I), fill in the following table, and calculate the percentage of all year round units /beds in emergency shelter, transitional housing and permanent supportive housing that are covered by HMIS, as defined in the instructions to the HUD form. Housing Category HMIS Covered # Year Round Beds Year —Round Units /Beds TOTAL Year Round Individual Column 1 Family Col. 2 Total Col. 3 1 +2 Column.4 A. Emergency Shelter B. Transitional Housing C. Perm. Supportive Housing D.TOTALS Divide column 3, Total HMIS Covered Year Round Beds, by column 4, Total Year Round Beds, to calculate the percentage of all year round beds for all housing categories that are covered by HMIS. Line D. Column 3 divide by Line D. Column 4 equals % of Year Round Beds Covered by HMIS (ALL HOUSING CATEGORIES). Documentation Required • HUD 40090 -1, CoC -I, Permanent Supportive Housing • HUD 40090 -1, CoC -I, Emergency Shelter • HUD 40090 -1, CoC -I, Transitional Housing 203 11. Homeless Population Shelter Coverage 16 D30 Using information reported in your 2007 Exhibit 1 Plan's Homeless Population and Sub - population Chart, complete the calculation below for the percentage of homeless persons that are sheltered in emergency and transitional housing facilities. From HUD form 40090 -1, CoC -K, enter the data below and complete the percentage calculation. Total Homeless Persons in all Households (With dependent children and without dependent children). Total Homeless Persons Sheltered in Emergency and Transitional housing for both households with and without dependent children. Divide the Total Homeless Persons Sheltered by the Total Homeless Persons to determine the % percentage of the Total Homeless Persons that are sheltered. Documentation Required HUD form 40090 -1, CoC -K. 12. Expanded Continuum of Care Catchment Area If your 2007 Exhibit 1 Plan has expanded its catchment area by one or more counties that were not covered by a continuum of care catchment area designated by the Office on Homelessness in 2006, please identify the county(s) added. 13. Past Performance: Unexecuted HUD Grants. Using the information reported on form HUD 40090 -1, CoC -Z in your 2007 Exhibit 1 Plan, report below the number of HUD McKinney -Vento Act awards announced prior to 2006 that are not yet under contract (i.e. signed grant agreement or executed ACC). Total Number of McKinney -Vento Act awards Not Yet Under Contract. Documentation Required • HUD 40090 -1, CoC -Z. Lead Agency Certification I hereby attest that all information reported above is true and accurate, based upon the evidence and documentation attached hereto, and made a part of this certification. Name of Continuum of Care Name of Lead Agency Name of Certifying Official Signature of Certifying Official Date Signed Failure to provide an original signed certification for quality of service shall be cause for the application to ranked last on the quality of service preference criteria. 204 16030 Failure to attach the "Documentation Required" for any of the items above shall be cause for that item to receive Zero Points. Please check to ensure that all required documentation is attached immediately following this certification in your application. 205 16 030 EXHIBIT D LEVERAGED FUNDING A. McKinney -Vento Homeless Assistance Act Grants List each grant award claimed separately under the McKinney -Vento Program. B. Private Cash for Services to Homeless Persons Participating Continuum Agency Cash Received Source Documentation 1. $ ( Attach letter from agency chief executive 2. $ officer on agency letterhead certifying the cash 3. $ received and the homeless services 4. $ supported by that cash.) TOTAL PRIVATE CASH TOTAL LEVERAGE CLAIMED A. McKinney Act Grants $ B. Private Cash $ Lead Agency Certification: I hereby attest that the above sources of grant and private cash claimed as leverage for this Challenge Grant application, is true and accurate, and that the lead agency has documented the receipt of the grant award(s) and private money leveraged by their continuum of care. Name of Lead Agency: Name of Certifying Official: Title /Position: Signature of Certifying Official: Date Signed: 11. Grant Grant Award Date of Grantor Program Amount #/Reference Executed Award Letter (attach copy) 1. Homeless Veterans Reintegration $ 2. Health Care for the Homeless $ 3. PATH $ 4. Education for Homeless Children $ 5. Emergency Shelter Grant $ 6. Shelter Plus Care $ 7. Supportive Housing Program $ 8. Section 8 Moderate Rehab., SRO $ 9. Emergency Food & Shelter $ TOTAL GRANTS $ B. Private Cash for Services to Homeless Persons Participating Continuum Agency Cash Received Source Documentation 1. $ ( Attach letter from agency chief executive 2. $ officer on agency letterhead certifying the cash 3. $ received and the homeless services 4. $ supported by that cash.) TOTAL PRIVATE CASH TOTAL LEVERAGE CLAIMED A. McKinney Act Grants $ B. Private Cash $ Lead Agency Certification: I hereby attest that the above sources of grant and private cash claimed as leverage for this Challenge Grant application, is true and accurate, and that the lead agency has documented the receipt of the grant award(s) and private money leveraged by their continuum of care. Name of Lead Agency: Name of Certifying Official: Title /Position: Signature of Certifying Official: Date Signed: 11. Leverage Ratio Calculations: 16030 /1000 population Total McKinney Act Grant _ Population of Catchment Area = Ratio Leverage Claimed from Exhibit H Divide the total McKinney Act Grant leverage claimed by the total population of the catchment area (rounded to the nearest 1000 population), to calculate the McKinney Act grant leverage ratio expressed in dollars and cents per every 1000 population of the catchment area. 2. Total Private Cash = Population of Catchment Area Leverage Claimed from Exhibit H = $ /1000 population = Ratio Divide the total Private Cash leverage claimed by the population of the catchment area (rounded to the nearest 1000 persons) to calculate the Private Cash leverage ratio expressed in dollar and cents per every 1000 persons in the catchment area. NOTES: 1. To be eligible to be claimed as leveraged funding the grant award must have been executed, or the private money received, between the dates of July 1, 2006 and June 30, 2007. 2. If more than one grant award was received for a specific McKinney Act grant, use more than one line, reflecting each grant award separately, specifying the McKinney Act Program for each line used. FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION ON LEVERAGE IN THE GRANT APPLICATION SHALL BE CAUSE FOR THE APPLICATION TO BE RANKED LAST BY THE REVIEW TEAM ON THE LEVERAGE STATUTORY PREFERENCE CRITERIA. Attach copies of the grant award evidence, as well as evidence of all cash claimed as leverage. Failure to document the leverage claimed shall be caused for that leverage to be deducted from the total leverage in calculating the leverage ratio. 207 EXHIBIT E 16030 CERTIFICATION OF ESTIMATED NEED PER CATCHMENT AREA POPULATION 1. Enter the total homeless population from your last three years' of Continuum of Care Plans in the table below. This shall be the Total Homeless Population for individuals and persons in families with children, and shall include both sheltered and unsheltered. Year HUD Form (Attach forms) 2005 HUD 40076, CoC -I 2006 HUD 40090 -1, CoC -K 2007 HUD 40090 -1, CoC -K 2. Add theTotal Homeless for ALL three years Total Homeless Population (Persons) 3. Divide the 3 Year Total Homeless by 3 to calculate an "Average Total Homeless Population, 2005 - 2007 ". Divide Total Number in line 2 above By 3 years to calculate _ 3 Average Total Homeless Population, 2005 -2007 10. Divide the Average Total Homeless Population, 2005 -2007, by the population of the continuum's catchment area as reflected in Exhibit H, to calculate the ratio of your homeless population per 1000 persons in your area. Average Total Homeless Population, 2005 -2007 Lead Agency Certification: 2000 Population of Your Ratio of Homeless per 1000 Catchment Area, Exhibit H persons in catchment area I hereby attest and certify that the above data is true and accurate; that the above data on estimated needs is based upon a homeless population chart which uses data that (1) represents the housing need for homeless persons in the catchment area on any given night; (2) is true and accurate for the continuum's catchment area; and (3) is derived in accordance with the federal grant instructions. Name of Lead Agency: Name of Lead Agency Certifying Official: Signature of Certifying Official: Date Signed: FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION IN THE APPLICATION SHALL BE CAUSE FOR THE APPLICATION TO BE RANKED LAST ON THE NEED PREFERENCE CRITERIA. Attach your 2005, 2006, and 2007 HUD Homeless Population Tables and the narrativelchart describing the methods used to estimate this need. Failure to include this table and narrativelchart shall be cause to score your continuums need ratio as zero homeless persons per 1000 population. 208 EXHIBIT F 16 D30 BUDGET FORM Number of Persons Agency Existing New Homeless To Be Grant Activity /Use $ Requested Provider Name Service Service Served 1 2 3 4 5 TOTAL GRANT $ Total Persons To Be Served INSTRUCTIONS Please list your grant activity or use in order of priority. The maximum grant shall be $150,000 in 2007. Only the top four (4) applications shall receive this level of award. All other grants will be awarded at either $100,000, or $60,000 depending on the ranking of the application. Your order of use on this form shall be used to set the approved budget, if your award is at a lower grant level. Alternatively, you may submit three Exhibit F forms; one for each grant award level. 1. Grant Activity / Use Please use the same title or description used in the narrative. Be sure to identify and list each activity to be funded, if more than one is proposed for funding. 2. $ Requested List the amount of Challenge Grant requested for each activity or use separately and the total amount of the Challenge Grant requested. 3. Provider Name Identify the specific entity, person, or agency to carry out each activity or use of the Challenge Grant Funding. If the lead agency will perform the activity directly, cite the name of the lead agency. If another entity will carry out the activity under contract with the lead agency, provide the legal name of that entity. 4. Existing or New Service Specify whether the activity or use to be funded will support an existing service or use, or whether the funded activity is a new service to fulfill an unmet need. 5. Number of Homeless Persons Served For each activity, identify the estimated number of homeless persons to be served. 209 1. 2. 3. 4. 5. Grant Activity /Use TOTAL GRANT EXHIBIT G 16 B30 EXPENDITURE SCHEDULE Estimate Draw By Quarter Ending Bud eted 9130107 12131107 3131108 6130108 $— $ $ $_ NOTE: The funding for the Challenge Grant is state general revenue. It is estimated that no more than 25 percent of the grant budget authority will be released in each quarter of the fiscal year. It may be less than 25 percent. Accordingly, the lead agency shall manage the expenditures to assure that funding available for grant activities is spread across the fiscal year. ALL GRANT FUNDS SHALL BE OBLIGATED, AND SERVICES PROVIDED BY JUNE 30, 2008. FURTHER, ALL CHALLENGE GRANT FUNDS SHALL BE DRAWN PRIOR TO JUNE 30, 2008 AS WITH EXHIBIT F, you may submit three Exhibit G forms to correspond to the three possible grant award levels. 210 EXHIBIT H Population Per Continuum of Care 16D30 The following data shall be used in this application for calculating the leverage ratio and the homeless need ratio. The data reflects the population of the respective continuum of care areas, rounded to the nearest one thousand persons. Continuum of Care Population (in thousands) North Central Florida 349 (see Exhibit A) Northwest Florida 261 Brevard 476 Broward 1,623 Charlotte 142 Mid - Florida 513 Suwannee Valley 112 Collier 251 Heartland Rural 229 Jacksonville 920 Esca Rosa 412 Hillsborough 999 Treasure Coast 432 Lee 441 Big Bend 376 Sarasota/Manatee 590 Marion 259 Miami -Dade 2,253 Southernmost 80 Okaloosa/Walton 211 Central Florida 1,434 Palm Beach 1,131 Pasco 345 Pinellas 921 Polk 484 St. Johns 123 Volusia/Flagler 493 211 16030 EXHIBIT I NOTICE OF STATUTORY LIEN Notice is hereby given that pursuant to Section 402.73(3) F.S., the State of Florida, Department of Children and Families, hereby asserts and gives notice of a statutory lien in the amount of $. against the following described property: [INSERT LEGAL DESCRIPTION AND STREET ADDRESS HERE] The department has a financial interest in the described property equal to a pro rata portion of the state's original investment in the then - fair - market value for renovations, or its proportionate share of the cost of the construction as compared to the then fair market value of the property upon the completion of the renovations or construction, which interest is in the amount of $ dollars as set out above. The department's interest is to be proportionately reduced and subsequently vacated over a five year period of depreciation unless this lien is satisfied before that time. As a condition of receipt of state funding for this construction or renovation the owner agrees that if it disposes of the property before the department's Lien interest is vacated, the provider will refund the proportionate share of the state's initial investment, as adjusted by depreciation. Estoppel letters or other information concerning this lien may be obtained by contacting: [insert Title of person to be contacted] at: Department of Children and Family Services Address For the Department: Date: Prepared by: [District Legal Counsel] 212 EXHIBIT J Section 420.624, Florida Statutes The 2006 Florida Statutes Title XXX Chapter 420 View Entire Chapter SOCIAL WELFARE HOUSING 420.624 Local homeless assistance continuum of care.-- 16030 (1) A local homeless assistance continuum of care is a framework for a comprehensive and seamless array of emergency, transitional, and permanent housing, and services to address the various needs of homeless persons and persons at risk for homelessness. The nature and configuration of housing and services may be unique to each community or region, depending on local needs, assets, and preferences. (2) The purpose of a local homeless assistance continuum of care is to help communities or regions envision, plan, and implement comprehensive and long -term solutions to the problem of homelessness in a community or region. (3) Communities or regions seeking to implement a local homeless assistance continuum of care are encouraged to develop and annually update a written plan that includes a vision for the continuum of care, an assessment of the supply of and demand for housing and services for the homeless population, and specific strategies and processes for providing the components of the continuum of care. The State Office on Homelessness shall supply a standardized format for written plans. (4) Each local homeless assistance continuum of care plan must designate a lead agency that will serve as the point of contact and accountability to the State Office on Homelessness. The lead agency may be a local homeless coalition, municipal or county government, or other public agency or private, not - for - profit corporation. (5) Continuum of care catchment areas must be designated and revised as necessary by the State Office on Homelessness, with the input of local homeless coalitions and public or private organizations that have previously certified to the United States Department of Housing and Urban Development and that currently serve as lead agencies for a local homeless assistance continuum of care. Designated catchment areas must not be overlapping. The designations must be consistent with those made by the United States Department of Housing and Urban Development in conjunction with the awarding of federal Stewart B. McKinney Act homeless assistance funding. (6) The State Office on Homelessness shall recognize only one homeless assistance continuum of care plan and its designated lead agency for each designated catchment area. The recognition must be made with the input of local homeless coalitions and public or private organizations that have previously certified to the United States Department of Housing and Urban Development that they currently serve as lead agencies for a local homeless assistance continuum of care. The designations must be consistent with those made by the United States Department of Housing and Development in conjunction with the awarding of federal Stewart B. McKinney Act homeless assistance funding. (7) The components of a continuum of care should include: (a) Outreach, intake, and assessment procedures in order to identify the service and housing needs of an individual or family and to link them with appropriate housing, services, resources, and opportunities; (b) Emergency shelter, in order to provide a safe, decent alternative to living in the streets; (c) Transitional housing; (d) Supportive services, designed to assist with the development of the skills necessary to secure and retain permanent housing; 213 (e) Permanent supportive housing; 16 D 3 (f) Permanent housing; (g) Linkages and referral mechanisms among all components to facilitate the movement of individuals and families toward permanent housing and self- sufficiency; (h) Services and resources to prevent housed persons from becoming or returning to homelessness; (i) An ongoing planning mechanism to address the needs of all subgroups of the homeless population, including but not limited to: 1. Single adult males; 2. Single adult females; 3. Families with children; 4. Families with no children; 5. Unaccompanied children and youth; 6. Elderly persons; 7. Persons with drug or alcohol addictions; 8. Persons with mental illness; 9. Persons with dual or multiple physical or mental disorders; 10. Victims of domestic violence; and 11. Persons living with HIV /AIDS. (8) Continuum of care plans must promote participation by all interested individuals and organizations and may not exclude individuals and organizations on the basis of race, color, national origin, sex, handicap, familial status, or religion. Faith -based organizations must be encouraged to participate. To the extent possible, these components should be coordinated and integrated with other mainstream health, social services, and employment programs for which homeless populations may be eligible, including Medicaid, State Children's Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps, and services funded through the Mental Health and Substance Abuse Block Grant, the Workforce Investment Act, and the welfare -to -work grant program. History.--s. 12, ch. 2001 -98; s. 72, ch. 2002 -1. 214 2008 CHALLENGE GRANT MONTHLY REPORT LEAD AGENCY: EXHIBIT K 16 D 30 Monthly Status Report Grant # REPORT PERIOD — Check one: Monthly: [month] Final: If this is your final report, the Lead Agency shall attach an evaluation of the grant's effectiveness in achieving the intended purposes. Provide a copy of this report to both your DCF Contract Manager and to the Office on Homelessness. 1. Financial Provide a line item review of the grant funds received and disbursed to sub - grantees for each activity or use contained in your Challenge Grant application. Total Grant Award to Lead Agency: Total Grant Received by Lead Agency: (grant draws from the Department by the Lead Agency) Total Grant disbursed to Sub - grantees by Lead Agency: List each grant activity/use Original Amount Grant amount Grant Balance From Exhibit F of the Challenge Awarded Received by the Due to the Grant application Sub - grantee YTD Sub - grantee Sub - grantee 2. Progress on Completion of the Grant Activity(s) a. For each funded activity, complete the below table showing a comparison of work accomplished to date versus planned timeframes for completion of the activity as outlined in your application. from Exhibit F I Timeframe for b. Provide detailed explanations for any delays in carrying out a grant to assure completion of the activity or use by June 30, 2008. Actual date of completion reasons for any delays, and steps being taken c. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY JUNE 30, 2008, list the activity explain the reason the activity will not be completed, and describe corrective actions being taken (e.g. amendment to reduce grant award, return of funds, identification of other uses that could be completed by June 30, 2008 etc.). 215 16 D 30 3. Performance Measures The Lead Agency shall provide a thorough evaluation of the effectiveness of the Challenge Grant in achieving the stated purpose set forth by the Lead Agency in its application for funding. The Lead Agency shall document progress toward achieving the performance measures outlined in their application. In addition, the Lead Agency shall document and report on the number of individuals served by each funded activity. Provide aggregate totals only. Activity Type of Service Provided Number of Individuals Served for the Month Number of Individuals Served during Grant Period to date Describe Population Served (e.g. Adults, Families, Children, Youth, Veterans, general population, eta Trans. Housing Own Home Street Street upon Discharge from Jail/Hospital treatment Home of Friend or Relative Motel Not able to Determine Other Activity Number of Individuals Served Year to date Housing Status of Individuals Served* Emerg. Shelter Trans. Housing Own Home Street Street upon Discharge from Jail/Hospital treatment Home of Friend or Relative Motel Not able to Determine Other *NOTE: Housing status of the person served at the time they accessed or first received services funded under the 2008 Challenge Grant. CERTIFICATION OF ACCURACY The above information is true and accurate, based upon documentation available for inspection at the offices of the Lead Agency, as of the date executed below. LEAD AGENCY CONTACT: Print Name Signature DATE: 216 16030 ATTACHMENT III The administration of resources awarded by the Department of Children & Families to the provider may be subject to audits as described in this attachment. In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised, the department may monitor or conduct oversight reviews to evaluate compliance with contract, management and programmatic requirements. Such monitoring or other oversight 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, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures deemed appropriate by the department. In the event the department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the department regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the department's inspector general, the state's Chief Financial Officer or the Auditor General. AUDITS PART I: FEDERAL REQUIREMENTS 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. In the event the recipient expends $500,000 or more in Federal awards during 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. In determining the Federal awards expended during its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Children & Families. The determination of amounts of Federal awards expended should be in accordance with 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. In connection with the above audit requirements, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. The schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the department shall be fully disclosed in the audit report package with reference to the specific contract number. PART II: STATE REQUIREMENTS This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event the recipient expends $500,000 or more in state financial assistance during its fiscal year, the recipient must have a State single or project - specific audit conducted 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. In determining the state financial assistance expended during its fiscal year, the recipient shall consider all 217 Grant # HFZ23 16D30 sources of state financial assistance, including state financial assistance received from the Department of Children & Families, 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 the preceding paragraph, the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 or 10.650, Rules of the Auditor General. The schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the department shall be fully disclosed in the audit report package with reference to the specific contract number. PART III: REPORT SUBMISSION Any reports, management letters, or other information required to be submitted to the department pursuant to this agreement shall be submitted within 180 days after the end of the provider's fiscal year or within 30 days of the recipient's receipt of the audit report, whichever occurs first, directl to each of the following unless otherwise required by Florida Statutes: A. Contract manager for this contract (2 copies) Robert Farr /Contract Management Unit 2295 Victoria Avenue Fort Myers, FI 33901 B. Department of Children & Families Office of the Inspector General, Provider Audit Unit Building 5, Room 237 1317 Winewood Boulevard Tallahassee, FL 32399 -0700 C. Copies of the reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by Part I of this agreement shall be submitted, when required by Section .320(d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to 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 Auditing Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10i° Street Jeffersonville, IN 47132 and other Federal agencies and pass - through entities in accordance with Sections .320(e) and (f), OMB Circular A -133, as revised. D. Copies of reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 218 Grant # HFZ23 1bD30 Providers, when submitting audit report packages to the department for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit or for - profit organizations), Rules of the Auditor General, should include, when available, correspondence from the auditor indicating the date the audit report package was delivered to them. When such correspondence is not available, the date that the audit report package was delivered by the auditor to the provider must be indicated in correspondence submitted to the department in accordance with Chapter 10.558(3) or Chapter 10.657(2), Rules of the Auditor General. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued and shall allow the department 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 or its designee, Chief Financial Officer or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the department. 219 Grant # HFZ23 16 B30 Attachment IV 2008 CHALLENGE GRANT REQUEST FOR RELEASE OF FUNDS SCHEDULE In accordance with the terms and conditions of the Challenge Grant Agreement the Grantee has been awarded the amount of $140,000.00 and the Department shall release these funds in accordance with the following schedule, subject to the availability of funds: DATE AMOUNT February 28 2008 $50.000.00 April 01 2008 $50,000.00 June 01 2008 W.000.00 For each payment request the Grantee shall prepare and submit a request for release of funds on the Grantee's stationary. 220 Grant # HFZ23 16D31 MEMORANDUM Date: February 19, 2008 To: Shawn Tan Grants Coordinator From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Subrecipient Agreement Attached, please find an original agreement referenced above (Agenda Item #16D31) approved by the Board of County Commissioners on Tuesday, February 12, 2008. The Minutes and Records Department has kept the other original subrecipient agreement for the Board's permanent record. If you should have any questions, please contact me 252 -8406. Thank you. Attachments (1) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SI ,. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT 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 Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines N 1 through 44 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 throueh routine lines 01 through N4. complete the checklist_ and forward in Sue Filson nine list Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicatil e) 2. February 12, 2008 Agenda Item Number 161331 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Subrecipient Agreement Number of Original 2 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 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 BCC office only after the BCC has acted to approve the item. Name of Primary Staff Shawn Tan, Grants Coordinator Phone Number 252 -2376 Contact appropriate. (Initial) Applicatil e) Agenda Date Item was February 12, 2008 Agenda Item Number 161331 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Subrecipient Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip W W S Original 9.03.04, Rev iced 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicatil e) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, r/ 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.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board S 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable, i 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. Some documents are time sensitive and require forwarding to Tallahassee within a certain S time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 2 /12 /2008(enter date) and all changes made during the meeting have been incorporated in the attached document. The S County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip W W S Original 9.03.04, Rev iced 1.26.05, Revised 2.24.05 16 031 1 SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY AND SAINT MATTHEW'S HOUSE, INC State of Florida Homeless Assistance Challenge Grant THIS AGREEMENT, is entered into this / 2 day of teDrtA ary 2008 by and between Collier County and the Saint Matthew's House, Inc, a private not - for -profit corporation existing under the laws of the State of Florida, hereinafter referred to as "Subrecipient" WHEREAS, Collier County has entered into a Challenge Grant Agreement with the State of Florida Department of Children and Families hereinafter referred to as the "Challenge Agreement," in which Collier County was awarded the sum of $140,000 to provide the services described in an application filed with the Department by the County dated July 2, 2007; and WHEREAS, Collier County believes it to be in the public interest to provide certain activities required by the Challenge Grant Agreement to Collier County residents through the Subrecipient according to this Agreement, the Subrecipient's intent as stated in the proposal and attached exhibits and all other terms and conditions as specified; and WHEREAS, Collier County, in accordance with the State Challenge Grant terms, and Subrecipient desire to provide the activities specified in the SCG application along with the following: • The Subrecipient will provide Collier County Housing and Human Services ( "CCHHS ") a detailed line item budget and budget narrative indicating how the grant funds will be expended before incurring any Challenge Grant expenditures. • The Subrecipient will provide CCHHS a copy of the van's title before incurring related operation and maintenance expense(s) to the Challenge Grant. This Grant provides that a motor vehicle may not be purchased without prior legislative approval. • The Subrecipient will provide CCHHS a satisfactory method to account for the bus tokens before incurring such expense to the Challenge Grant; and Saint Matthew's House Page I of 16 16D31 WHEREAS, Collier County further agrees that it will use due diligence in supervising the Subrecipient to assure that funds are expended for the purposes intended and that a full accounting for these grants is made. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto understand and agree as follows: ARTICLE ONE: DEFINITION AND PURPOSE a (1) "CCHHS" means Collier County Housing and Human Services and where applicable, its authorized representative(s). (2) "CCHHS Approval" means the written approval of the CCHHS Division Director or designee. (3) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (4) "DCF" means the State of Florida Department of Children and Families as the agent for the State Office on Homelessness. (5) "SCG" means the State Challenge Grant. (6) "SUBRECIPIENT" means Saint Matthew's House, Inc. (7) "Project" means the work contemplated to be performed as set forth in Exhibit 'A B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the Subrecipient will implement the Scope of Services set forth in Article Two of this Agreement. One hundred percent (100 %) of the beneficiaries of a project funded under this Agreement must be persons who are homeless or at -risk of homelessness. ARTICLE TWO: SCOPE OF SERVICES The Subrecipient, in a manner satisfactory to County, shall carry out or cause to be carried out all services described or referred to in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit `B," which are attached hereto and made a part hereof. Such services shall be performed, except as otherwise specifically stated herein, by persons or instrumentalities solely under the dominion and control of the Subrecipient. Saint Matthew's House Page 2 of 16 16D31 ARTICLE THREE: TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by the State under the SCG. The effective date shall be the latest date of execution of this Agreement, and the services of the Subrecipient shall be undertaken and completed in light of the purposes of this Agreement. All such services shall be performed by the Subrecipient in accordance with the applicable DCF requirements and with all requirements of this Agreement, and payment will be contingent thereupon. In any event, all services required hereunder shall be completed by the Subrecipient prior to June 30, 2008. No exceptions or extensions shall be granted. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS Subrecipient shall be reimbursed by the County for allowable costs, determined by County, in an amount not to exceed $16,000.00 (SIXTEEN THOUSAND DOLLARS) for the services described in Exhibit "A." In the event the project costs exceed the stated amount, Subrecipient shall be responsible for the excess. The County reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The County also reserves the right to hold payment until adequate documentation has been provided and reviewed, but such payments shall not be arbitrarily nor unreasonably withheld if adequate documentation as defined by DCF regulations is provided. Subrecipient may submit a final invoice upon completion with a letter requesting closeout of the project. Final payment shall be made after the County has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with DCF regulations, including submission of a completion report and documentation of eligible occupancy, property standards and applicable restrictions. Said determination shall be made within reasonable time, but no later than forty -five (45) days after Subrecipient has submitted its final invoice. The County shall have the right to review and audit all records of the Subrecipient pertaining to any payment by the County. Said records shall be maintained for a period of six years after completion. All improvements specified in Exhibit "A" shall be performed by Subrecipient employees, or shall be put out to competitive bidding under a procedure acceptable to the County and state requirements. Subrecipient shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by Subrecipient and monitored by the County, which shall have access to all records and documents related to the project. Saint Matthew's House Page 3 of 16 16D31 ARTICLE FIVE: PAYMENTS A. Invoices that have been approved by the Subrecipient shall be paid directly by CCHHS, or CCHHS shall reimburse the Subrecipient. In both cases, payment will be limited to items in Exhibit A. B. Subrecipient shall submit payment requests to CCHHS using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof. These requests will only be approved if: 1. The contractor's /vendor's requests for payment has been reviewed and approved by the Subrecipient as stated on the Request for Payment and the attached original invoice. In no event shall CCHHS provide advance funding to the Subrecipient or any other subcontractors /vendors hereunder. 2. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the Subrecipient must adequately justify their absence, in writing, and furnish copies. 3. Upon receipt of the above enumerated documentation, and approval by Subrecipient, payment shall be made by the CCHHS. C. All disbursements by the Subrecipient must be fully documented to CCHHS so as to be available, on request, for inspection or audit in accordance with the provisions of Article Nine herein below. D. The County shall pay the Subrecipient for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CCHHS pursuant to the submittal of monthly progress reports as identified in Exhibit "C ". E. Payment shall be made to the Subrecipient when requested as work progresses but not more frequently than once per month. F. Adherence to the work schedule, when appropriate, will be required unless modified in writing by the parties. G. Payment will be made upon receipt of a proper invoice and upon approval by the CCHHS, or its designee, and in compliance with Section 218.70, F.S. , otherwise known as the "Florida Prompt Payment Act ". H. Subrecipient shall render a final and complete statement to CCHHS of all costs and charges for services not previously invoiced. The CCHHS shall not be responsible for payments of any charges, claims or demands of the Subrecipient received after June 30, 2008. Saint Matthew's House Page 4 of 16 16 D 31." ARTICLE SIX: COMPLIANCE WITH LOCAL AND STATE RULES, REGULATIONS AND LAWS During the performance of this Agreement, the Subrecipient agrees to comply with any applicable laws, rules, regulations and orders that may be applicable to SCG activities. No funds provided by this grant may be expended for the purpose of lobbying the Legislature, the judicial branch or a state agency. Subrecipient shall permit DCF or CCHHS personnel or representatives to monitor the services, which are the subject of this State Challenge Grant. Th Subrecipient is required to participate in the local homeless management information system for the continuum of care in conformance with state and federal law. ARTICLE SEVEN: PROJECT PUBLICITY Any news release or other type of publicity pertaining to the project as stated herein must recognize the County as the recipient funded by the State of Florida Office on Homelessness through the Department of Children and Families as the entity that provided funds for the project. ARTICLE EIGHT: MANAGEMENT ASSISTANCE CCHHS Coordinator will be available to the Subrecipient to provide guidance on SCG requirements. ARTICLE NINE: MAINTENANCE OF RECORDS Subrecipient shall maintain the following records. A. Subrecipient shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by the CCHHS to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUBRECIPIENT shall maintain all necessary financial records as required by DCF Regulations and shall maintain the following financial records: I . An invoice and a copy of a warranty for all items purchased and paid for under standard Subrecipient procedures. 2. The current, prevailing Agreement, all project contracts and corresponding billings and copies of warranties. 3. The CCHHS will require audit and record keeping requirements. All records shall be in sufficient detail to permit proper pre audit and post audit of all expenditures. Saint Matthew's House Page 5 of 16 16031 B. Subrecipient shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with state purchasing requirements and with other state requirements for grant implementation. C. Subrecipient shall maintain project records and financial information so that the State could conduct an audit of SCG activities and funds. All audits covering the use of SCG funds shall be provided to the CCHHS Coordinator. Reimbursement will be contingent upon the timely receipt of complete and accurate reports required by this Agreement and on the resolution of monitoring or audit findings identified pursuant to this Agreement. D. All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection or copying at any time during normal business hours and as often as the CCHHS Coordinator or DCF, may deem necessary. CCHHS shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement made by any local, state or federal agency. Subrecipient shall retain all of its records and supporting documentation applicable to the Agreement for a period of not less than six (6) years after the starting date of this SCG Agreement or, if audit findings have not been resolved at the end of the six (6) year period, the records shall be retained until resolution of the audit findings. State auditors and any person duly authorized by DCF or CCHHS shall have the right to examine any of the said materials at any time during regular business hours. E. Subrecipient shall allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Subrecipient in conjunction with this Challenge Grant. ARTICLE TEN: MONTHLY REPORTS AND EVALUATION Subrecipient agrees to provide the CCHHS with monthly status reports no later than the 10`h of every month as shown in Exhibit C beginning the month of contract execution and final report summarizing progress, timetables, and financial information for monitoring and evaluating all aspects of project activities. Saint Matthew's House Page 6 of 16 16 D31 ARTICLE ELEVEN: INDEPENDENT AGENT AND EMPLOYEES; CONTRACT LIABILITY Subrecipient agrees 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 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. The County shall not be responsible to any person, firm, or corporation (except the Subrecipient) for assignment of any aspects including providing goods or services to the Subrecipient in connection with the services it has agreed to perform hereunder, or for debts or claims accruing to such parties against the Subrecipient; and there is no contractual relationship, either express or implied, between CCHHS and any other person, firm, or corporation supplying any work, labor, services, goods or materials to the Subrecipient as a result of its services to CCHHS hereunder. ARTICLE TWELVE: CONTRACTS All contracts made by the Subrecipient to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services contracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement. ARTICLE THIRTEEN: CONFLICT OF INTEREST No employee, agent, consultant, officer or elected official or appointed official of the Subrecipient who exercises or have exercised any function or responsibility with respect to SCG activities assisted under or who are in the position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a SCG assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to an SCG assisted activity or with respect to the proceed of the SCG assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. ARTICLE FOURTEEN: INDEMNIFICATION Subrecipient 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 Subrecipient. Subrecipient's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. Subrecipient will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the State arising out of the conduct of activities and administration of Subrecipient. Saint Matthew's House Page 7 of 16 16031 ARTICLE FIFTEEN: INSURANCE Subrecipient agrees this coverage shall be provided on a primary basis. Unless expressly waived in writing by the County, Subrecipient shall provide the following: COMMERCIAL GENERAL LIABILITY Subrecipient shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per section 768.28, Fla. Stat., and $2,000,000 per accident for federal and outside Florida litigation per section 768.28, Fla. Stat. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The Subrecipient agrees this coverage shall be provided on a primary basis. BUSINESS AUTOMOBILE LIABILITY Subrecipient shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per section 768.28, Fla. Stat. and $2,000,000 per accident for federal and outside Florida litigation per section 768.28, Fla. Stat. for all owned, non -owned and hired automobiles. The Subrecipient shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1,000.00 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. Subrecipient shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. Subrecipient agrees this coverage shall be provided on a primary basis. ADDITIONAL INSURED Subrecipient shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Employees, and Agents, c/o Housing and Human Services Department ". The Subrecipient shall agree the Additional Insured endorsements provide coverage on a primary basis. CERTIFICATE OF INSURANCE Subrecipient shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). 5. RIGHT TO REVIEW AND ADJUST Subrecipient agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with CCHHS Department, 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 reserves 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. Saint Matthew's House Page 8 of 16 16 031 ARTICLE SIXTEEN: WAIVER Subrecipient will not waive any of the duties and obligations under the contract without the express written consent of Collier County. ARTICLE SEVENTEEN: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. The CCHHS will provide a resale certificate to be completed by the Subrecipient whereby Subrecipient represents and warrants that it has filed for and received an exemption from Florida Department of State for sales taxes. Subrecipient further agrees to indemnify and hold harmless Collier County from any and all taxes, penalties, interest and professional fees associated with the collection of any sales tax under the SCG. ARTICLE EIGHTEEN: AMENDMENT; NON - ASSIGNABILITY; MERGER AND SEVERABILITY The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or DCF 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 representatives. Subrecipient may not assign this Agreement without the prior written consent of Collier County and DCF. 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. If any provision of this Agreement 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. ARTICLE NINETEEN: TERMINATION 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 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. Saint Matthew's House Page 9 of 16 16D31 2. TERMINATION FOR CONVENIENCE The County may terminate for its convenience this contract at any time by giving at least thirty (30) days notice in writing to the Subrecipient. If the contract is terminated by the Subrecipient as provided herein, the County will reimburse for any actual and approved expenses incurred, including those costs involved in terminating the contracts and shutting down the work as of the date of notice, and the Subrecipient will be paid as a fee an amount which bears the same ratio to the total compensation as the services actually performed bear to the total service of the Subrecipient covered by this contract, less payments of compensation previously made. In the event of a dispute under this Agreement, the parties shall first use the County's then- current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. TERMINATION DUE TO CESSATION In the event the grant to the County is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that DCF specifies. 4. GRANT CLOSEOUT PROCEDURES Subrecipient'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; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the County), and determining the custodianship of records. ARTICLE TWENTY: HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. ARTICLE TWENTY ONE: NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Housing and Human Services at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to Subrecipient when delivered to its office at the address listed on this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Saint Matthew's House Page 10 of 16 WITNESS our Hands and Seals on this 16D31 L day of ttir 2008. BY: L Rev. Vann R Ellison, Executive Director Saint Matthew's House, Inc DATE: BY: Attorney for SUBRECIPIENT (Signature Optional) ( SUBRECIPIENT SEAL) BY: 41��- Tom Henning, Chairman Board of County Commissioners DATE: a ATTEST: (11A JA- L -� (0 L as t0 cm fjP mfi t `1p"ttwe Dal ■ Appr ved as to form and Leg suf n I rAgendaq-a-tbi Jeffr e . Klatzk I Chief sistant C my Attorney Saint Matthew's House Page 11 of 15 16031 EXHIBIT "A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub - consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub - consultants shall be at cost. Such sub - consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: The purpose of this project is to provide funding for expenses associated with homeless transportation services, such as the purchase of bus passes, and expenses related to the operation and maintenance of an existing van. Saint Matthew's House may not purchase a vehicle with this Challenge grant. C. BUDGET: Line Item: SCG Funds Bus Tokens /Van Operating Expense $16,000 Total $16,000 D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. FORMER PROJECTS: Failure to adequately maintain any former State of Florida funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future State of Florida Challenge Grant funds. F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: February 1, 2008 to June 30, 2008. K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the CCHHS coordinator outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with State Challenge Grant 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 CCHHS approval of invoices, etc. for reimbursement. Saint Matthew's House Page 12 of 16 16 B1 L. COMPENSATION. The County shall pay the SUBRECIPIENTfor the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports as identified in Article Ten. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identified in Exhibit A, Article F, will be required, unless modified in writing by the parties. Payment will Payment will be made upon receipt of a proper invoice and upon approval by the or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act ". Saint Matthew's House Page 13 of 16 EXHIBIT "B" Saint Matthew's House HOMELESS ASSISTANCE REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Addre Project Project No: Payment Request# Dollar Amount Requested: SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 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 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 0 0 0 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 Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director Saint Matthew's House Page 14 of 16 EXHIBIT "C" 16D31 Saint Matthew's House STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT MONTHLY PROGRESS REPORT Complete form for past month and submit to CCHHS staff by the I #h of the following month. Status Report for Month of Submittal Date: Project Name Project Number Subrecipient: Contact Person Telephone: E -mail: Performance Measures Fax: Activity Number 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. Saint Matthew's House Page 15 of 16 Progress on Completion of the Grant Activity(s) r. I. For each funded activity, provide a concise written narrative that compares work accomplished to date versus planned timeframes for completion of the activity as outlined in your application. Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being taken to assure completion of the activity or use by June 30, 2008. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY JUNE 30, report on the activity, the cause, and corrective actions (amendment to reduce grant award, return of funds, identification of other uses that could be completed by June 30, etc.). Saint Matthew's House Page 16 of 16 16D32 MEMORANDUM Date: February 19, 2008 To: Shawn Tan, Grant Coordinator Housing and Human Services From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Subrecipient Agreement: Shelter for Abused Women and Children Attached, please find an original agreement referenced above (Agenda Item #16D32) approved by the Board of County Commissioners on Tuesday, February 12, 2008. The Minutes and Records Department has kept the other original subrecipient agreement for the Board's permanent record. If you should have any questions, please contact me 252 -8406. Thank you. Attachments (1) ORIGINAL AC O ORIGINAL MPANY ALL ORIGIN DOCUMENTS T NTTS SE TO O 116032 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 ,....,:,.n ,.f ti.. rh.ir....ds eiona,nrr draw a line thrnuoh mining lines #I through 44. complete the checklist and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applic able) 2. February 12, 2008 Agenda Item Number 16D32 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Subrecipient Agreement Number of Original 2 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached J 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 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 BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Shawn Tan, Grants Coordinator Phone Number 252 -2376 Contact appropriate. (Initial) Applic able) Agenda Date Item was February 12, 2008 Agenda Item Number 16D32 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Subrecipient Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached J INSTRUCTIONS & CHECKLIST 1: Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County 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 possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC 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. 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 2 /12/2008(enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY i 6 D 3 2 AND SHELTER FOR ABUSRWOMEN AND CHILDREN State of Florida Homeless Assistance Challenge Grant THIS AGREEMENT, is entered into this 112, day of ft�ruaYy 2008, by and between Collier County and the Shelter for Abuse Women and Children, a private not- for- profit corporation existing under the laws of the State of Florida, hereinafter referred to as "Subrecipient" WHEREAS, Collier County has entered into a Challenge Grant Agreement with the State of Florida Department of Children and Families hereinafter referred to as the "Challenge Agreement," in which Collier County was awarded the sum of $140,000 to provide the services described in an application filed with the Department by the County dated July 2, 2007; and WHEREAS, Collier County believes it to be in the public interest to provide certain activities required by the Challenge Grant Agreement to Collier County residents through the Subrecipient according to this Agreement, the Subrecipient's intent as stated in the proposal and attached exhibits and all other terms and conditions as specified; and WHEREAS, Collier County, in accordance with the State Challenge Grant terms, and Subrecipient desire to provide the activities specified in the SCG application along with the following: • The Subrecipient will provide Collier County Housing and Human Services ( "CCHHS ") a detailed line item budget and budget narrative indicating how the grant funds will be expended before incurring any Challenge Grant expenditures. WHEREAS, Collier County further agrees that it will use due diligence in supervising the Subrecipient to assure that funds are expended for the purposes intended and that a full accounting for these grants is made. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto understand and agree as follows: Shelter for Abuse Women and Children Page 1 of 15 16032 ARTICLE ONE: DEFINITION AND PURPOSE A. DEFINITIONS (1) "CCHHS" means Collier County Housing and Human Services and where applicable, its authorized representative(s). (2) "CCHHS Approval" means the written approval of the CCHHS Division Director or designee. (3) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (4) "DCF" means the State of Florida Department of Children and Families as the agent for the State Office on Homelessness. (5) "SCG" means the State Challenge Grant. (6) "SUBRECIPIENT" means Shelter for Abuse Women and Children. (7) "Project" means the work contemplated to be performed as set forth in Exhibit "A." B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the Subrecipient will implement the Scope of Services set forth in Article Two of this Agreement. One hundred percent (100 %) of the beneficiaries of a project funded under this Agreement must be persons who are homeless or at -risk of homelessness. ARTICLE TWO: SCOPE OF SERVICES The Subrecipient, in a manner satisfactory to County, shall carry out or cause to be carried out all services described or referred to in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B," which are attached hereto and made a part hereof. Such services shall be performed, except as otherwise specifically stated herein, by persons or instrumentalities solely under the dominion and control of the Subrecipient. ARTICLE THREE: TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by the State under the SCG. The effective date shall be the latest date of execution of this Agreement, and the services of the Subrecipient shall be undertaken and completed in light of the purposes of this Agreement. All such services shall be performed by the Subrecipient in accordance with the applicable DCF requirements and with all requirements of this Agreement, and payment will be contingent thereupon. In any event, all services required hereunder shall be completed by the Subrecipient prior to June 30, 2008. No exceptions or extensions shall be granted. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. Shelter for Abuse Women and Children Page 2 of 15 ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS 16032 Subrecipient shall be reimbursed by the County for allowable costs, determined by County, in an amount not to exceed $59,000.00 (FIFTY NINE THOUSAND DOLLARS) for the services described in Exhibit "A." In the event the project costs exceed the stated amount, Subrecipient shall be responsible for the excess. The County reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The County also reserves the right to hold payment until adequate documentation has been provided and reviewed, but such payments shall not be arbitrarily nor unreasonably withheld if adequate documentation as defined by DCF regulations is provided. Subrecipient may submit a final invoice upon completion with a letter requesting closeout of the project. Final payment shall be made after the County has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with DCF regulations, including submission of a completion report and documentation of eligible occupancy, property standards and applicable restrictions. Said determination shall be made within reasonable time, but no later than forty -five (45) days after Subrecipient has submitted its final invoice. The County shall have the right to review and audit all records of the Subrecipient pertaining to any payment by the County. Said records shall be maintained for a period of six years after completion. All improvements specified in Exhibit "A" shall be performed by Subrecipient employees, or shall be put out to competitive bidding under a procedure acceptable to the County and state requirements. Subrecipient shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by Subrecipient and monitored by the County, which shall have access to all records and documents related to the project. ARTICLE FIVE: PAYMENTS A. Invoices that have been approved by the Subrecipient shall be paid directly by CCHHS, or CCHHS shall reimburse the Subrecipient. In both cases, payment will be limited to items in Exhibit A. B. Subrecipient shall submit payment requests to CCHHS using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof. These requests will only be approved if: 1. The contractor's /vendor's requests for payment has been reviewed and approved by the Subrecipient as stated on the Request for Payment and the attached original invoice. In no event shall CCHHS provide advance funding to the Subrecipient or any other subcontractors /vendors hereunder. 2. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the Subrecipient must adequately justify their absence, in writing, and furnish copies. Shelter for Abuse Women and Children Page 3 of 15 IbJjle 3. Upon receipt of the above enumerated documentation, and approval by Subrecipient, payment shall be made by the CCHHS. C. All disbursements by the Subrecipient must be fully documented to CCHHS so as to be available, on request, for inspection or audit in accordance with the provisions of Article Nine herein below. D. The County shall pay the Subrecipient for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CCHHS pursuant to the submittal of monthly progress reports as identified in Exhibit "C ". E. Payment shall be made to the Subrecipient when requested as work progresses but not more frequently than once per month. F. Adherence to the work schedule, when appropriate, will be required unless modified in writing by the parties. G. Payment will be made upon receipt of a proper invoice and upon approval by the CCHHS, or its designee, and in compliance with Section 218.70, F.S. , otherwise known as the "Florida Prompt Payment Act". H. Subrecipient shall render a final and complete statement to CCHHS of all costs and charges for services not previously invoiced. The CCHHS shall not be responsible for payments of any charges, claims or demands of the Subrecipient received after June 30, 2008. ARTICLE SIX: COMPLIANCE WITH LOCAL AND STATE RULES, REGULATIONS AND LAWS During the performance of this Agreement, the Subrecipient agrees to comply with any applicable laws, rules, regulations and orders that may be applicable to SCG activities. No funds provided by this grant may be expended for the purpose of lobbying the Legislature, the judicial branch or a state agency. Subrecipient shall permit DCF or CCHHS personnel or representatives to monitor the services, which are the subject of this State Challenge Grant. Th Subrecipient is required to participate in the local homeless management information system for the continuum of care in conformance with state and federal law. ARTICLE SEVEN: PROJECT PUBLICITY Any news release or other type of publicity pertaining to the project as stated herein must recognize the County as the recipient funded by the State of Florida Office on Homelessness through the Department of Children and Families as the entity that provided funds for the project. ARTICLE EIGHT: MANAGEMENT ASSISTANCE CCHHS Coordinator will be available to the Subrecipient to provide guidance on SCG requirements. Shelter for Abuse Women and Children Page 4 of 15 1 I h " e ARTICLE NINE: MAINTENANCE OF RECORDS 16 D 3 2 Subrecipient shall maintain the following records. A. Subrecipient shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by the CCHHS to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUBRECIPIENT shall maintain all necessary financial records as required by DCF Regulations and shall maintain the following financial records: 1. An invoice and a copy of a warranty for all items purchased and paid for under standard Subrecipient procedures. 2. The current, prevailing Agreement, all project contracts and corresponding billings and copies of warranties. 3. The CCHHS will require audit and record keeping requirements. All records shall be in sufficient detail to permit proper pre audit and post audit of all expenditures. B. Subrecipient shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with state purchasing requirements and with other state requirements for grant implementation. C. Subrecipient shall maintain project records and financial information so that the State could conduct an audit of SCG activities and funds. All audits covering the use of SCG funds shall be provided to the CCHHS Coordinator. Reimbursement will be contingent upon the timely receipt of complete and accurate reports required by this Agreement and on the resolution of monitoring or audit findings identified pursuant to this Agreement. D. All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection or copying at any time during normal business hours and as often as the CCHHS Coordinator or DCF, may deem necessary. CCHHS shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement made by any local, state or federal agency. Subrecipient shall retain all of its records and supporting documentation applicable to the Agreement for a period of not less than six (6) years after the starting date of this SCG Agreement or, if audit findings have not been resolved at the end of the six (6) year period, the records shall be retained until resolution of the audit findings. State auditors and any person duly authorized by DCF or CCHHS shall have the right to examine any of the said materials at any time during regular business hours. Shelter for Abuse Women and Children Page 5 of 15 16D32 E. Subrecipient shall allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Subrecipient in conjunction with this Challenge Grant. ARTICLE TEN: MONTHLY REPORTS AND EVALUATION Subrecipient agrees to provide the CCHHS with monthly status reports no later than the 10`" of every month as shown in Exhibit C beginning the month of contract execution and final report summarizing progress, timetables, and financial information for monitoring and evaluating all aspects of project activities. ARTICLE ELEVEN: INDEPENDENT AGENT AND EMPLOYEES; CONTRACT LIABILITY Subrecipient agrees 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 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. The County shall not be responsible to any person, firm, or corporation (except the Subrecipient) for assignment of any aspects including providing goods or services to the Subrecipient in connection with the services it has agreed to perform hereunder, or for debts or claims accruing to such parties against the Subrecipient; and there is no contractual relationship, either express or implied, between CCHHS and any other person, firm, or corporation supplying any work, labor, services, goods or materials to the Subrecipient as a result of its services to CCHHS hereunder. ARTICLE TWELVE: CONTRACTS All contracts made by the Subrecipient to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services contracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement. ARTICLE THIRTEEN: CONFLICT OF INTEREST No employee, agent, consultant, officer or elected official or appointed official of the Subrecipient who exercises or have exercised any function or responsibility with respect to SCG activities assisted under or who are in the position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a SCG assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to an SCG assisted activity or with respect to the proceed of the SCG assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. Shelter for Abuse Women and Children Page 6 of 15 16D32 ARTICLE FOURTEEN: INDEMNIFICATION Subrecipient 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 Subrecipient. Subrecipient's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. Subrecipient will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the State arising out of the conduct of activities and administration of Subrecipient. ARTICLE FIFTEEN: INSURANCE Subrecipient agrees this coverage shall be provided on a primary basis. Unless expressly waived in writing by the County, Subrecipient shall provide the following: COMMERCIAL GENERAL LIABILITY Subrecipient shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per section 768.28, Fla. Stat., and $2,000,000 per accident for federal and outside Florida litigation per section 768.28, Fla. Stat. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The Subrecipient agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY Subrecipient shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per section 768.28, Fla. Stat. and $2,000,000 per accident for federal and outside Florida litigation per section 768.28, Fla. Stat. for all owned, non -owned and hired automobiles. The Subrecipient shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1,000.00 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. Subrecipient shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. Subrecipient agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED Subrecipient shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County shall agree the Additional Insured endorsements provide coverage on a primary basis. CERTIFICATE OF INSURANCE Subrecipient shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). Shelter for Abuse Women and Children Page 7 of 15 16032 RIGHT TO REVIEW AND ADJUST Subrecipient agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with CCHHS Department, 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 reserves 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. ARTICLE SIXTEEN: WAIVER Subrecipient will not waive any of the duties and obligations under the contract without the express written consent of Collier County. ARTICLE SEVENTEEN: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. The CCHHS will provide a resale certificate to be completed by the Subrecipient whereby Subrecipient represents and warrants that it has filed for and received an exemption from Florida Department of State for sales taxes. Subrecipient further agrees to indemnify and hold harmless Collier County from any and all taxes, penalties, interest and professional fees associated with the collection of any sales tax under the SCG. ARTICLE EIGHTEEN: AMENDMENT; NON - ASSIGNABILITY; MERGER AND SEVERABILITY The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or DCF 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 representatives. Subrecipient may not assign this Agreement without the prior written consent of Collier County and DCF. 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. If any provision of this Agreement 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. ARTICLE NINETEEN: TERMINATION 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. Shelter for Abuse Women and Children Page 8 of 15 6 032 2. TERMINATION FOR CONVENIENCE The County may terminate for its convenience this contract at any time by giving at least thirty (30) days notice in writing to the Subrecipient. If the contract is terminated by the Subrecipient as provided herein, the County will reimburse for any actual and approved expenses incurred, including those costs involved in terminating the contracts and shutting down the work as of the date of notice, and the Subrecipient will be paid as a fee an amount which bears the same ratio to the total compensation as the services actually performed bear to the total service of the Subrecipient covered by this contract, less payments of compensation previously made. In the event of a dispute under this Agreement, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 3. TERMINATION DUE TO CESSATION In the event the grant to the County is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that DCF specifies. 4. GRANT CLOSEOUT PROCEDURES Subrecipient'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; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the County), and determining the custodianship of records. ARTICLE TWENTY: HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. ARTICLE TWENTY ONE: NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Housing and Human Services at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to Subrecipient when delivered to its office at the address listed on this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Shelter for Abuse Women and Children Page 9 of 15 WITNESS our Hands and Seals on this ( SUBRECIPIENT SEAL) Approvee as tj form and Legal s Jeffrey Kl ow Chief A ist County Attorney �- day of rCb0A J6 BY: 032 Linda Oberhaus, Executive Director Shelter for Abuse Women and Children DATE: 2-o ? - t) IC Attorney for SUBRECIPIENT (Signature Optional) BY: Ton4fdihrnig, Mairman Board of County Commission s DATE: ATTEST: W : � L(t�19 ((,t &C t 4S t0 Chatmn I siw4tw* 001, item O3 Agenda Z 8 [.!ate !� Rate � O Recd - Shelter for Abuse Women and Children Page 10 of 14 16 032 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub - consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub - consultants shall be at cost. Such sub - consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: The purpose of this project is to provide funding for one full -time Shelter Advocate /Counselor, and 45% of a second Shelter Advocate /Counselor. The counselors will serve homeless women and children victims of domestic violence by assessing residents' short and long term needs, assist them in accessing mainstream benefits, food stamps, medications, job placement, life skills, budgeting, nutrition , self care, legal assistance, and other basic necessities C. BUDGET: Line Item: SCG Funds Personnel Salary /Expenses $59,000 Total $59,000 D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. FORMER PROJECTS: Failure to adequately maintain any former State of Florida funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future State of Florida Challenge Grant funds. F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: February 1, 2008 to June 30, 2008 K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the CCHHS coordinator outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with State Challenge Grant 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 CCHHS approval of invoices, etc. for reimbursement. Shelter for Abuse Women and Children Page 11 of 15 16D32 L. COMPENSATION. The County shall pay the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports as identified in Article Ten. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identified in Exhibit A, Article F, will be required, unless modified in writing by the parties. Payment will Payment will be made upon receipt of a proper invoice and upon approval by the or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act ". Shelter for Abuse Women and Children Page 12 of 15 EXHIBIT "B" 16 032 Subrecipient Name STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Project No: Payment Request# Dollar Amount Requested: SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 0 3. Total Grant Amount Awarded Less Sum $ Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests $ 0 5. Amount of Today's Request $ 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 0 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 Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Dept Director Date Shelter for Abuse Women and Children Page 13 of 15 16 D32 EXHIBIT "C" Subrecipient Name STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT MONTHLY PROGRESS REPORT Complete form for past month and submit to HHS staff by the I ffh of the following month. Status Report for Month of Project Name Project Number Subrecipient: Contact Person Telephone: E -mail: Performance Measures Fax: Submittal Date: Activity Number 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. Shelter for Abuse Women and Children Page 14 of 15 Progress on Completion of the Grant Activity(s) 16032 For each funded activity, provide a concise written narrative that compares work accomplished to date versus planned timeframes for completion of the activity as outlined in your application. Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being taken to assure completion of the activity or use by June 30, 2008. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY JUNE 30, report on the activity, the cause, and corrective actions (amendment to reduce grant award, return of funds, identification of other uses that could be completed by June 30, etc.). Shelter for Abuse Women and Children Page 15 of 15 16D33 MEMORANDUM Date: February 19, 2008 To: Shawn Tan, Grant Coordinator Housing and Human Services From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Subrecipient Agreement: Collier County Hunger and Homeless Coalition Attached, please find an original agreement referenced above (Agenda Item #16D33) approved by the Board of County Commissioners on Tuesday, February 12, 2008. The Minutes and Records Department has kept the other original subrecipient agreement for the Board's permanent record. If you should have any questions, please contact me 252 -8406. Thank you. Attachments (1) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 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 he 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 throu routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. February 12, 2008 Agenda Item Number 16D33 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Grant Agreement Number of Original 2 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 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 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 BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Shawn Tan, Grants Coordinator Phone Number 252 -2376 Contact appropriate. (Initial) Applicable) Agenda Date Item was February 12, 2008 Agenda Item Number 16D33 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Grant Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC 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. Some documents are time sensitive and require forwarding to Tallahassee within a certain S r time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 2/12/2008 (enter date) and all changes made during the meeting have been incorporated in the attached document. The 5 EW County Attorney's Office has reviewed the changes, if applicable. C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY 16033 AND COLLIER COUNTY HUNGER AND HOMELESS COALITION State of Florida Homeless Assistance Challenge Grant THIS AGREEMENT, is entered into this /? day of ! C6fuaft t 2008, by and between Collier County and the Collier County Hunger and Homeless Coalition, a private not - for -profit corporation existing under the laws of the State of Florida, hereinafter referred to as "Subrecipient" WHEREAS, Collier County has entered into a Challenge Grant Agreement with the State of Florida Department of Children and Families hereinafter referred to as the "Challenge Agreement," in which Collier County was awarded the sum of $140,000 to provide the services described in an application filed with the Department by the County dated July 2, 2007; and WHEREAS, Collier County believes it to be in the public interest to provide certain activities required by the Challenge Grant Agreement to Collier County residents through the Subrecipient according to this Agreement, the Subrecipient's intent as stated in the proposal and attached exhibits and all other terms and conditions as specified; and WHEREAS, Collier County, in accordance with the State Challenge Grant terms, and Subrecipient desire to provide the activities specified in the SCG application along with the following: • The Subrecipient will provide Collier County Housing and Human Services ( "CCHHS ") a detailed line item budget and budget narrative indicating how the grant funds will be expended before incurring any Challenge Grant expenditures. WHEREAS, Collier County further agrees that it will use due diligence in supervising the Subrecipient to assure that funds are expended for the purposes intended and that a full accounting for these grants is made. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto understand and agree as follows: Collier County Hunger and Homeless Coalition Page 1 of 15 ARTICLE ONE: DEFINITION AND PURPOSE A. DEFINITIONS 16D33 (1) "CCHHS" means Collier County Housing and Human Services and where applicable, its authorized representative(s). (2) "CCHHS Approval" means the written approval of the CCHHS Division Director or designee. (3) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (4) "DCF" means the State of Florida Department of Children and Families as the agent for the State Office on Homelessness. (5) "SCG" means the State Challenge Grant. (6) "SUBRECIPIENT" means Collier County Hunger and Homeless Coalition. (7) "Project" means the work contemplated to be performed as set forth in Exhibit "A 1:1.1IfIN7OM The purpose of this Agreement is to state the covenants and conditions under which the Subrecipient will implement the Scope of Services set forth in Article Two of this Agreement. One hundred percent (100 %) of the beneficiaries of a project funded under this Agreement must be persons who are homeless or at -risk of homelessness. ARTICLE TWO: SCOPE OF SERVICES The Subrecipient, in a manner satisfactory to County, shall carry out or cause to be carried out all services described or referred to in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit `B," which are attached hereto and made a part hereof. Such services shall be performed, except as otherwise specifically stated herein, by persons or instrumentalities solely under the dominion and control of the Subrecipient. ARTICLE THREE: TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by the State under the SCG. The effective date shall be the latest date of execution of this Agreement, and the services of the Subrecipient shall be undertaken and completed in light of the purposes of this Agreement. All such services shall be performed by the Subrecipient in accordance with the applicable DCF requirements and with all requirements of this Agreement, and payment will be contingent thereupon. In any event, all services required hereunder shall be completed by the Subrecipient prior to June 30, 2008. No exceptions or extensions shall be granted. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. Collier County Hunger and Homeless Coalition Page 2 of 15 ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS 1 6 D 3 3 Subrecipient shall be reimbursed by the County for allowable costs, determined by County, in an amount not to exceed $65,000.00 (SIXTY FIVE THOUSAND DOLLARS) for the services described in Exhibit "A." In the event the project costs exceed the stated amount, Subrecipient shall be responsible for the excess. The County reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The County also reserves the right to hold payment until adequate documentation has been provided and reviewed, but such payments shall not be arbitrarily nor unreasonably withheld if adequate documentation as defined by DCF regulations is provided. Subrecipient may submit a final invoice upon completion with a letter requesting closeout of the project. Final payment shall be made after the County has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with DCF regulations, including submission of a completion report and documentation of eligible occupancy, property standards and applicable restrictions. Said determination shall be made within reasonable time, but no later than forty -five (45) days after Subrecipient has submitted its final invoice. The County shall have the right to review and audit all records of the Subrecipient pertaining to any payment by the County. Said records shall be maintained for a period of six years after completion. All improvements specified in Exhibit "A" shall be performed by Subrecipient employees, or shall be put out to competitive bidding under a procedure acceptable to the County and state requirements. Subrecipient shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by Subrecipient and monitored by the County, which shall have access to all records and documents related to the project. ARTICLE FIVE: PAYMENTS A. Invoices that have been approved by the Subrecipient shall be paid directly by CCHHS, or CCHHS shall reimburse the Subrecipient. In both cases, payment will be limited to items in Exhibit A. B. Subrecipient shall submit payment requests to CCHHS using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof. These requests will only be approved if: 1. The contractor's /vendor's requests for payment has been reviewed and approved by the Subrecipient as stated on the Request for Payment and the attached original invoice. In no event shall CCHHS provide advance funding to the Subrecipient or any other subcontractors /vendors hereunder. 2. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the Subrecipient must adequately justify their absence, in writing, and furnish copies. 3. Upon receipt of the above enumerated documentation, and approval by Subrecipient, payment shall be made by the CCHHS. Collier County Hunger and Homeless Coalition Page 3 of 15 16B33 C. All disbursements by the Subrecipient must be fully documented to CCHHS so as to be available, on request, for inspection or audit in accordance with the provisions of Article Nine herein below. D. The County shall pay the Subrecipient for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CCHHS pursuant to the submittal of monthly progress reports as identified in Exhibit "C ". E. Payment shall be made to the Subrecipient when requested as work progresses but not more frequently than once per month. F. Adherence to the work schedule, when appropriate, will be required unless modified in writing by the parties. G. Payment will be made upon receipt of a proper invoice and upon approval by the CCHHS, or its designee, and in compliance with Section 218.70, F.S. , otherwise known as the "Florida Prompt Payment Act ". H. Subrecipient shall render a final and complete statement to CCHHS of all costs and charges for services not previously invoiced. The CCHHS shall not be responsible for payments of any charges, claims or demands of the Subrecipient received after June 30, 2008. ARTICLE SIX: COMPLIANCE WITH LOCAL AND STATE RULES, REGULATIONS AND LAWS During the performance of this Agreement, the Subrecipient agrees to comply with any applicable laws, rules, regulations and orders that may be applicable to SCG activities. No funds provided by this grant may be expended for the purpose of lobbying the Legislature, the judicial branch or a state agency. Subrecipient shall permit DCF or CCHHS personnel or representatives to monitor the services, which are the subject of this State Challenge Grant. Th Subrecipient is required to participate in the local homeless management information system for the continuum of care in conformance with state and federal law. ARTICLE SEVEN: PROJECT PUBLICITY Any news release or other type of publicity pertaining to the project as stated herein must recognize the County as the recipient funded by the State of Florida Office on Homelessness through the Department of Children and Families as the entity that provided funds for the project. ARTICLE EIGHT: MANAGEMENT ASSISTANCE CCHHS Coordinator will be available to the Subrecipient to provide guidance on SCG requirements. Collier County Hunger and Homeless Coalition Page 4 of 15 ARTICLE NINE: MAINTENANCE OF RECORDS 16 D 3 3 Subrecipient shall maintain the following records. A. Subrecipient shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by the CCHHS to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUBRECIPIENT shall maintain all necessary financial records as required by DCF Regulations and shall maintain the following financial records: 1. An invoice and a copy of a warranty for all items purchased and paid for under standard Subrecipient procedures. 2. The current, prevailing Agreement, all project contracts and corresponding billings and copies of warranties. 3. The CCHHS will require audit and record keeping requirements. All records shall be in sufficient detail to permit proper pre audit and post audit of all expenditures. B. Subrecipient shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with state purchasing requirements and with other state requirements for grant implementation. C. Subrecipient shall maintain project records and financial information so that the State could conduct an audit of SCG activities and funds. All audits covering the use of SCG funds shall be provided to the CCHHS Coordinator. Reimbursement will be contingent upon the timely receipt of complete and accurate reports required by this Agreement and on the resolution of monitoring or audit findings identified pursuant to this Agreement. D. All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection or copying at any time during normal business hours and as often as the CCHHS Coordinator or DCF, may deem necessary. CCHHS shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement made by any local, state or federal agency. Subrecipient shall retain all of its records and supporting documentation applicable to the Agreement for a period of not less than six (6) years after the starting date of this SCG Agreement or, if audit findings have not been resolved at the end of the six (6) year period, the records shall be retained until resolution of the audit findings. State auditors and any person duly authorized by DCF or CCHHS shall have the right to examine any of the said materials at any time during regular business hours. Collier County Hunger and Homeless Coalition Page 5 of 15 16D33 E. Subrecipient shall allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Subrecipient in conjunction with this Challenge Grant. ARTICLE TEN: MONTHLY REPORTS AND EVALUATION Subrecipient agrees to provide the CCHHS with monthly status reports no later than the 10`h of every month as shown in Exhibit C beginning the month of contract execution and final report summarizing progress, timetables, and financial information for monitoring and evaluating all aspects of project activities. ARTICLE ELEVEN: INDEPENDENT AGENT AND EMPLOYEES; CONTRACT LIABILITY Subrecipient agrees 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 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. The County shall not be responsible to any person, firm, or corporation (except the Subrecipient) for assignment of any aspects including providing goods or services to the Subrecipient in connection with the services it has agreed to perform hereunder, or for debts or claims accruing to such parties against the Subrecipient; and there is no contractual relationship, either express or implied, between CCHHS and any other person, firm, or corporation supplying any work, labor, services, goods or materials to the Subrecipient as a result of its services to CCHHS hereunder. ARTICLE TWELVE: CONTRACTS All contracts made by the Subrecipient to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services contracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement. ARTICLE THIRTEEN: CONFLICT OF INTEREST No employee, agent, consultant, officer or elected official or appointed official of the Subrecipient who exercises or have exercised any function or responsibility with respect to SCG activities assisted under or who are in the position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a SCG assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to an SCG assisted activity or with respect to the proceed of the SCG assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. Collier County Hunger and Homeless Coalition Page 6 of 15 ARTICLE FOURTEEN: INDEMNIFICATION 16 D 3 3 Subrecipient 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 Subrecipient. Subrecipient's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. Subrecipient will hold the County harmless and will indemnify the County for funds, which the County is obligated to refund the State arising out of the conduct of activities and administration of Subrecipient. ARTICLE FIFTEEN: INSURANCE Subrecipient agrees this coverage shall be provided on a primary basis. Unless expressly waived in writing by the County, Subrecipient shall provide the following: COMMERCIAL GENERAL LIABILITY Subrecipient shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per section 768.28, Fla. Stat., and $2,000,000 per accident for federal and outside Florida litigation per section 768.28, Fla. Stat. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The Subrecipient agrees this coverage shall be provided on a primary basis. BUSINESS AUTOMOBILE LIABILITY Subrecipient shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident /occurrence per section 768.28, Fla. Stat. and $2,000,000 per accident for federal and outside Florida litigation per section 768.28, Fla. Stat. for all owned, non -owned and hired automobiles. The Subrecipient shall agree to maintain physical damage coverage for a period not less than 10 years with deductibles not exceeding $1,000.00 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. Subrecipient shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. Subrecipient agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED Subrecipient shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Employees, and Agents, c/o Housing and Human Services Department ". The Subrecipient agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE Subrecipient shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). Collier County Hunger and Homeless Coalition Page 7 of 15 5. RIGHT TO REVIEW AND ADJUST 16 D 3 3 Subrecipient agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with CCHHS Department, 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 reserves 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. ARTICLE SIXTEEN: WAIVER Subrecipient will not waive any of the duties and obligations under the contract without the express written consent of Collier County. ARTICLE SEVENTEEN: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. The CCHHS will provide a resale certificate to be completed by the Subrecipient whereby Subrecipient represents and warrants that it has filed for and received an exemption from Florida Department of State for sales taxes. Subrecipient further agrees to indemnify and hold harmless Collier County from any and all taxes, penalties, interest and professional fees associated with the collection of any sales tax under the SCG. ARTICLE EIGHTEEN: AMENDMENT; NON - ASSIGNABILITY; MERGER AND SEVERABILITY The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or DCF 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 representatives. Subrecipient may not assign this Agreement without the prior written consent of Collier County and DCF. 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. If any provision of this Agreement 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. ARTICLE NINETEEN: TERMINATION 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. Collier County Hunger and Homeless Coalition Page 8 of 15 16B33 TERMINATION FOR CONVENIENCE The County may terminate for its convenience this contract at any time by giving at least thirty (30) days notice in writing to the Subrecipient. If the contract is terminated by the Subrecipient as provided herein, the County will reimburse for any actual and approved expenses incurred, including those costs involved in terminating the contracts and shutting down the work as of the date of notice, and the Subrecipient will be paid as a fee an amount which bears the same ratio to the total compensation as the services actually performed bear to the total service of the Subrecipient covered by this contract, less payments of compensation previously made. In the event of a dispute under this Agreement, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 3. TERMINATION DUE TO CESSATION In the event the grant to the County is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that DCF specifies. 4. GRANT CLOSEOUT PROCEDURES Subrecipient'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; making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the County), and determining the custodianship of records. ARTICLE TWENTY: HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. ARTICLE TWENTY ONE: NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Housing and Human Services at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to Subrecipient when delivered to its office at the address listed on this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Collier County Hunger and Homeless Coalition Page 9 of 15 WITNESS our Hands and Seals on this (SUBRECIPIENT SEAL) as to FA M Attorney L day of �ti�u 0081 6 D 3 ° r BY: OVW4 � Angela dison, Chairman Collier County Hunger & Homeless Coalition DATE: M Attorney for SUBRECIPIENT (Signature Optional) ✓� BY: ,J/ 4�- Tom Henning, Chairman Ir Board of County Commissioners ' 0- ATTEST: „`�1I.r as to cm i rota s Item # IILJL R) Agenda )1� Uaie nate Recd 3-1q—D9 Collier County Hunger and Homeless Coalition Page 10 of 14 16 D33 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub - consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub - consultants shall be at cost. Such sub - consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: The purpose of this project is to provide funding to maintain, improve, and expand the HUD mandated HMIS System. Funding will be used to provide equipment, software, personnel, rent, and operational costs. The purpose of the HMIS System is to benefit the homeless and at risk of homelessness population in Collier County by providing improved data collection and reports to HUD. C. BUDGET: Line Item: SCG Funds Equipment/ Software/ Personnel/ $65,000 Rend Operational Cost Total $65,000 D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. FORMER PROJECTS: Failure to adequately maintain any former State of Florida funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future State of Florida Challenge Grant funds. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: February 1, 2008 to June 30, 2008 K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the CCHHS coordinator outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with State Challenge Grant 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 CCHHS approval of invoices, etc. for reimbursement. Collier County Hunger and Homeless Coalition Page 11 of 15 16D33 L. COMPENSATION. The County shall pay the SUBRECIPIENTfor the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports as identified in Article Ten. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identified in Exhibit A, Article F, will be required, unless modified in writing by the parties. Payment will Payment will be made upon receipt of a proper invoice and upon approval by the or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act ". Collier County Hunger and Homeless Coalition Page 12 of 15 EXHIBIT "B" 16 D33 Subrecipient Name STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Project No: Payment Request# Dollar Amount Requested: SECTION II: STATUS OF FUNDS Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 0 3. Total Grant Amount Awarded Less Sum $ Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests $ 0 5. Amount of Today's Request $ 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 p 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 Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Dept Director Date Collier County Hunger and Homeless Coalition Page 13 of 15 EXHIBIT "C" 16 B33 Subrecipient Name STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT MONTHLY PROGRESS REPORT Complete form for past month and submit to HHS staff by the le of the following month. Status Report for Month of Project Name Project Number Subrecipient: Contact Person Telephone: E -mail: Performance Measures Fax: Submittal Date: Activity Number 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. Collier County Hunger and Homeless Coalition Page 14 of 15 Progress on Completion of the Grant Activity(s) 16 033 For each funded activity, provide a concise written narrative that compares work accomplished to date versus planned timeframes for completion of the activity as outlined in your application. Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being taken to assure completion of the activity or use by June 30, 2008. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY JUNE 30, report on the activity, the cause, and corrective actions (amendment to reduce grant award, return of funds, identification of other uses that could be completed by June 30, etc.). Collier County Hunger and Homeless Coalition Page 15 of 15 16E2 MEMORANDUM DATE: February 21, 2008 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Ann Jennejohn, Sr. Deputy Clerk Minutes and Records Department RE: Contract #07 -4141: "Multifunctional Printer /Copier Products" Contractor: J.M. Todd, Inc. Enclosed please find one original contract as referenced above (Agenda Item #16E2) approved by the Board of County Commissioners on Tuesday, February 12, 2008. The Minutes & Records Department has also retained an original copy which will be kept as part of the Board's permanent record. If you should have any questions, you may contact me at 252 -8406. Thank you, Enclosures (3) 16E2 I ITEM NO.: DATE RECEIVED: FILE NO.: � ROUTED TOO O DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: February 14, 2008 10161ECEI Y ED To: Office of the County Attorney F ES i 9 7088 Attention: Robert Zachary Transportation From: Lyn M. Wood, C.P.M., Contract Specialist Services Division Purchasing Department, Extension 2667 4�� Re: Contract: 07 -4141 "Multifunctional Printer /Copier Products" Contractor: J.M. Todd, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on February 12, 2008, Agenda Item 16.E.2 ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, please forward to BCC for signature after approval. If there are any questions concerning the document,=;please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Jhony Desinor, IT / z fC F— /�^�""^'�' 7 )a L4/� !ice e` Gc.� // Z" 2d . 16E2 MEMORANDUM TO: Jeff Walker Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department DATE: February 14, 2008 RE: Review Insurance for Contract: 07 -4141 "Multifunctional Printer /Copier Products" Contractor: J.M. Todd, Inc. This Contract was approved by the BCC on February 12, 2008, Agenda Item 16.E.2 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. W a.4v ;7 RECEIVED r DATE RECEIVED Transportation FER 2 0 2008 Services Division dod /LMW RISK MANAGENENT C: Jhony Desinor, IT le�� 16E2 RECEIVED AGREEM ENT 07-4141 for 'Transportation Services Division Multifunctional Printer /Copier Products THIS AGREEMENT, made and entered into on this J a+h day of ,fl6ruer" 2008, by and between J. M. Todd, Inc., authorized to do business in the State of Florida, whose business address is 12670 McGregor Boulevard, Fort Myers, Florida 33919, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on January 29, 2008, and terminating on January 28, 2010. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide multifunctional printer /copier products in accordance with the terms and conditions of RFP #07 -4141 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager, or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. Contractor will consult with County departments on printer /copier requirements and provide a recommendation as to which piece of equipment will best meet its needs in the most economical manner. Contractor will supply the equipment to the Department for a thirty (30) day trial period, on a cost per copy basis. If the Department determines that the equipment does not meet its needs, the Contractor and Department will agree on a different piece of equipment and shall have another thirty (30) day trial period. Upon agreement of the Contractor and Department on the equipment to be supplied, the method of compensation (whether by purchase, monthly lease price or lease by cost per copy), the Contractor will provide a letter to the Department evidencing the Page I of 16E2 agreement. In no event shall either the monthly or cost per copy lease be for a period of more than three (3) years. Leases for individual multifunction printers/ copiers may be changed out at any time for an upgraded model. Leases for individual multifunction printers/ copiers may be cancelled for cause in documented cases of nonperformance by the Contractor where the Contractor has failed to remedy specific documented performance issues within a thirty (30) day period. Multifunction printers/ copiers acquired on a cost per copy basis may be changed to a lease at any time during the life of this contract. Leases shall terminate upon completion of each specified lease agreement period. County reserves the right to extend lease agreements on a cost per copy basis under the same terms and conditions to facilitate the removal of old equipment and replacement with new equipment as appropriate. Upon the termination of this Agreement, Contractor shall cooperate with the County and any new contractor in facilitating the removal of old equipment to ensure an efficient transition of equipment. In the event that a using Department decides to keep a leased piece of equipment upon expiration of this Agreement, or has or requires a maintenance agreement on a piece of equipment acquired from Contractor, this Agreement shall extend until such time as all outstanding Leases issued prior to the expiration of the Agreement period have been completed. Equipment acquired by lease, on a cost per copy basis, or purchase, including maintenance agreements, shall be evidenced by a letter from Contractor to the ordering Department confirming the method of acquisition, the time period covered by lease, and the cost per month, cost per copy, or purchase price. No additional documents will be signed by Collier County personnel in order to initiate the acquisition of multifunction printers/ copiers. The Contract shall provide maintenance agreement options for all equipment under this Agreement. The using department shall have the right to modify the maintenance agreement at any time in the duration of the contract. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit prices in Exhibit A, attached hereto and incorporated herein by reference. Any county agency may purchase or lease products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper Page 2 of 16E2 invoice and upon approval by the ordering department, and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act ". 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: J. M. Todd, Inc. 12670 McGregor Boulevard Fort Myers, Florida 33919 Attention: James M. Todd, President Telephone: 239- 454 -4445 Facsimile: 239- 454 -4448 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239- 252 -8371 Facsimile: 239- 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 3 of 7 16E2 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General 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. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Page 4 of 7 16E2 There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Information Technology Department. 13. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #07 -4141 Specifi- cations /Scope of Services and Exhibit A. 15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 16. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or Page 5 of 7 16E2 quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 17. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 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. 18. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. 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. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contactor. Such additions shall be evidenced by a zero dollar change letter. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST:,,; Dwight E. Brock, Clerk of Courts By: L . Dated: „(SEA�tHt a$ to Chahar f �lgsat�n orr� a Page 6 of 7 BOARD OF COUNTY COMMISSIONERS COLLIER OUNT , FLORIDA By: Tom Henning, Chairman Item # I)7- Agenda 0 7 a,-09 Date � Recd J . TODD, INC. / Contractor By "First Witness Signature Lisa Shepherd T pe /print witness nameT 1 Second Witness Lora Thatcher ?Type / print witness nameT Approved as to form and legal sufficienc : pA Assistant Coun Attorney Print Name Page 7 of 7 James M Todd President Typed signature and title 16E2 Feb. 14, 2008 5:39PM J M Todd, Inc. _Fe0.14• LUU6_ 4; WMrm Olin nlll a n U Associates AcoRO_ CERTIFICATE OF LIABILITY INSURANCE PRO�R THIS CERTOTICATE IS MUE0 AS A ONLY AND CONFERS NO RIGHTS L Olin Hill s Associates Inc. HOLDEFILTHIS CERTIFICATE DOES 2804 Del Prado Blvd. #107 ALTER THE COVERAGE AFFOROET Cape Coral FL 33904 Phone: 239- 945 -1900 INSURERS AFFORDING COVERAGE IxsUREO - INBURERA. Saieco Insllranq INBVRERM Auto Owners Inst Noo 8 911 16 C o n neln , TEU OOYY YJ NAIL • 92D�TO�ddedGrlcceo 81vd RC. 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CL O G O N U ti C7 b W �ZO app. H F app, v 0 U Q M M O M M M M M M M M M M M M M M M M QI W 00 N o0 GO 00 00 00 00 00 00 00 00 OO 00 00 00 00 00 a, Ll � h COI � N M 16E2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING + 3 TO ACCOMPANY ALL. ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE doameats am to baAttach to i bate BoudO�ee�� docmeoa should be hand delivered m me Board office. •Ihecomplefd mudag slip and original only �du: Board has b%kemaaioarm the it=) ROUTING SLIP Complete tnadog Lac #1 th:angh #4 as apprapdate for ad6doaal agoan— dads, ad/arinto®adeo reeded.If the doaenceiis already aanpiear witb du, don rfthe Cheitmas's ' draw a line them roatia lmv #1 theta 44, let the checklist and forward m SwFosen fang #S). ` Route to Addressees) Office Initials Date Lffistfir mn'warder) 2. 3. 4. 5. Sue Filson, Executive Manager I Board of County Commissioners Minutes and Records I Clerk of Court's Office - PRIMARY CONTACT INFORMATION Me primary coma is the holder of the original dotanamt pending BCC approval. Normally the primary coma is the person wbo aaed/prepued me executive mmmary. Primary contact laformation is needed is the event can of the addressees above, including Sue FLwa seed m cm= staff for addidaoW a missing mfamarion. All original documents reeding the BCC Chairrmaa's signature are to be delivered to the BCC office only after the BCC has aced to approve the imm.) Name of Primary Staff Phone Number Contact jug 7ifn Zimfrlt_fry Agenda Date Item was Agenda Item Number Approved by the BCC l G/� 1 1 , F v, �q a ype or utacumeac /�� Number of Original Attached Ea,J r y� Wf it Documents Attached TN.QTRTT!'TTIINQ Z f'TT f'trT Tar b Forms! Caunry Farms/ BCC Farms/ Original Docurnenu Roomsg Slip W WS Original 9.03.04, Revised 1.26.05. Revised 224.03 Initial the Yes column or mark "N /A" in the Not Applicable column. whichever is Yes N/A (Not (Initial) liable) I. document has bees signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters; most be reviewed and signed IOriginal by the Office of the County Attorney. This includes signature pages from ordinances, reseln ions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, e= that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwduea.st *e- through and revisions have been initialed by the County Anorney,'s Office and all other parties except the BCC Chairman and the Clark to the Board NA N A 3. The Chairipan's signature line daze has been entered as the date of BCC approval of the document cr the final ne tiamd contract dare whichever is hirable. 4. U 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's UpatUre and initials am required. I 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. y Some documents are time sensitive and regnaelarwarding to Tallahassee within a terrain time frame or the BCC's actions are nullified Be aware of your deadlinca! 6. The docnmeat was approved by the BCC on (enter date) and all changes made dating the meeting have been incorporated 92 the attacbed document The ��� -- 0L I Comm AfYorn s Office has reviewed the changes, if applicable b Forms! Caunry Farms/ BCC Farms/ Original Docurnenu Roomsg Slip W WS Original 9.03.04, Revised 1.26.05. Revised 224.03 16E 3 EASEMENT Work Order No. 2902461 Prepared By: Name: Anne Harris Sec. 21, Twp. 49S, Rge. 26E Co. Name: FPL Co. Parcel No.: 36110040005 Address: 4105 S.W. 15" Ave. (Maintained by Property Appraiser) Naples, Fl. 34116 Form 3722 -A (Stocked) Rev.7 /94 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 5 feet in width, described as follows: An FP &L Company easement more particularly described on Exhibit "A" attached hereto and made a part hereof. Said legal description and sketch prepared by George W. Hackney of Agnoli, Barber & Brundage, Inc. Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned i a+k day of 2008. has signed and sealed this instrument on this Board of County Commiss oners Collier County lorida By. — Tom"R'enhfrig, Cha rman 3301 Tamiami Trail East Naples, _Florida 34112 Attest: Dwight E. Brock, Clerk C tltt.a pMlit as s 3 Ojj�p I.East NapleS,451orjda 34112 Approved as to form and legal sufficiency: 7 Item # Agenda 1� Jen r A. Belpedi , Assistant County Attorney Date Date Recd F: \GG Library \FPL Easement 16E 3 LEGAL DESCRIPTION ALL THAT PART OF LUCERNE ROAD, GOLDEN GATE UNIT 4, AS SHOWN ON THE PLAT THEREOF AND AS RECORDED IN PLAT BOOK 5, PAGE 109, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A SOUTHWESTERLY CORNER OF BLOCK 115 OF THE AFOREMENTIONED PLAT, SAID CORNER ALSO LYING ON THE SOUTHEASTERLY LINE OF LUCERNE ROAD AS SHOWN ON THE AFOREMENTIONED PLAT AND ALSO LYING ON THE NORTHEASTERLY LINE OF CORONADO PARKWAY AS SHOWN ON THE AFOREMENTIONED PLAT AND ALSO LYING ON THE ARC OF A CURVE CONCAVE SOUTHWESTERLY AND WHOSE RADIUS BEARS SOUTH 27'04'55" WEST A DISTANCE OF 898.17 FEET; THENCE NORTHWESTERLY ALONG THE EXTENSION OF SAID NORTHEASTERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2' 50' 27" AN ARC DISTANCE OF 44.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 25.00 FEET,, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50153'01" AN ARC DISTANCE OF 22.20 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1059.74 FEET SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE NORTHWESTERLY ALONG THE ARC OF SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 37'16'52" AND ARC DISTANCE OF 16.27 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1064.74 FEET THENCE NORTHEASTERLY ALONG THE ARC OF SAID COMPOUND CURVE SAID COMPOUND CURVE ALSO BEING 46.00 FEET NORTHERLY FROM AND CONCENTRIC WITH THE NORTHERLY LINE OF SAID TRACT 115 THROUGH A CENTRAL ANGLE OF 325451" AN ARC DISTANCE OF 611.65 FEET,, THENCE SOUTH 34'4048" EAST A DISTANCE OF 5.00 FEET TO AN INTERSECTION WITH THE ARC OF A NON— TANGENT CURVE CONCAVE SOUTHEASTERLY AND WHOSE RADIUS BEARS SOUTH 34'40'48" EAST A DISTANCE OF 1059.74 FEET,, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID NON — TANGENT CURVE THROUGH A CENTRAL ANGLE OF 33'43'58" AN ARC DISTANCE OF 623.92 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.07 ACRES OF LAND MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT RENEWED. AGNOLI, BARBER AND BRUNDAGE, INC. PR�OFEE�/ NAL G�INFf�, S, PL ERS & SURVEYORS AND MAPPERS GEORGE W HACKNEY P.S.M. 5606 mEN : Mt ON0 :0 ■M��X ARBER & MM 'N" i'N"O RUNDAGE,om Professional engineers, planners, & lend surveyors caws ca w swu sN. 7440 r.tw.wt TMw. seem; anp.e, n N'w (NtIN7 -aut LN s aata: sea4 141, 1684 auy 94 het YOm, n aN48 (Nt)aaY -8111 getla w e8 lnmeelNUSn ae� w ask sas t® ask au: (94I5Ba -8840 _0 HIBIT ':L of CLIENT: FPL n Ilt: JKt IGH ANU ULSCRIPTION OF A 5' FPL EASEMENT LYING IN LUCERNE ROAD OF GOLDEN GATE UNIT 4 (P.B. 5, PGS. 107 -116) COLLIER COUNTY, FLORIDA SCALE: N.T.S. DATE: _DEC. 21. 2007 DRAWN BY: JAN PROJ. NO.: 05 -0165 CHECKED BY: GWH SHEET NO.: 2 OF 2 ACAD NO: 9934 - FP1,-SD FILE NO: 9934 16E 3 \ LUCERNE ROAD HCgIT Q \ (VACATED PORTION) I1 i P.O.E / N BLOCK 116 5.00' FPL EASEMENT / SCALE: 1" = 100' LUCERNE ROAD (PORTION VACATED) Q)`' LINE TABLE LINE LENG BEARIN / L1 5.00 S 34'40'48° E CURVE TABLE CURVE DEL lA RADIUS RC CHOR CHORD BEARING \ Cl 2'50 "27" 898.17 44.53 44.53 S 6420'19° E C2 50'53 "01" 25.00 22.20 21.48 N 40'19'02" W C3 37'16'52" 25.00 16.27 15.98 N 03'45'55" E C4 3254'51" 1064.74 611.65 603.28 N 38'51'46" E C5 334358" 1059.74 623.92 614.95 N 3827'12° E NORTHERLY BOUNDARY G3 N GOLDEN GATE UNIT 4 SOUTHWESTERLY (P.B. 5, PIGS. 107 -116) P.O.C. CORNER BLOCK 115 BLOCK 115 CO R 0 NORTHEASTERLY R.O.W. LINE \ \ \ ^ ,6 ,V O A \ GENERAL NOTES. \ / 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. CURVE DIMENSIONS ARE AS FOLLOWS: A = DELTA ANGLE, R = RADIUS, A = ARC DISTANC , CH = CHORD DISTANCE AND CHB = CHORD BEARING 3. P.O.C. = POINT OF COMMENCEMENT 4. P.O.B. = POINT OF BEGINNING. / 5. R.O.W. = RIGHT —OF —WAY. 6. BEARINGS ARE BASED ON THE PLAT OF GOLDEN GATE UNIT 4, AS RECORDED IN PLAT BOOK 5, PAGES 107 -116, COLLIER COUNTY, FLORIDA. * *NOT A SURVEY ** THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: CLIENT: FPL SKETCH AND DESCRIPTION OF A 5' FPL EASEMENT LYING IN LUCERNE ROAD OF GOLDEN GATE UNIT 4 (P.B. 5, PGS. 107 -116) COLLIER COUNTY, FLORIDA SCALE-' 1 = 100 DATE: DEC 21 2007 DRAWN BY: JAN PROJ. NO.: 05 -0165 CHECKED BY: GWH SHEET NO.: 1 OF 2 ACAD NO: 9934 — FPL —SD FILE NO: 9934 ** REFERENCE ABB PROJECT #8308 ** i y,Py i7i000ARBER & ouu monomm RUNDAGE,ma Pro[eeeionel engineers, planners, & lend surveyors cow' c W' smeo No. v"N r� n a. Nwm; N*plr n NIN ("T)NT -sul 6u11* lel, INe N.ey 6 I, rert ll o , n NMI ("I)M -51H CvUllu4 a u.�aoa No.. N Not oee ® Ne, he (NIIbN -sSN 16F3 MEMORANDUM Date: February 14, 2008 To: Joseph W. Frazier Emergency Managemenet Coordinator From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: A Public Facilities Program Grant Application for an Early Alert Mobile Tower for use in Emergencies Enclosed please find one (1) original grant application as referenced above, (Agenda Item #16F3) approved by the Board of County Commissioners on Tuesday, February 12, 2008. If you should have any questions please call me at 252 -8406. Thank you. Enclosures(l) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F 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 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applica ble) 2. , Agenda Item Number / I..o 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. "� _ Number of Original -- 5. Sue Filson, Executive Manager Board of County Commissioners 1 / d Y, T 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 crewed/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 BCC office only after the BCC has acted to approve the item. Name of Primary Staff TT Phone Number tl Contact appropriate. (Initial) Applica ble) Agenda Date Item was , Agenda Item Number / I..o Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document "� _ Number of Original Attached _ L -tv <� `t 1 1 1' ' t ' ` C I l `' � Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Fortes/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from 1 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 Office and all other parties except the BCC Chairman and the Clerk to the Board -' d 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is 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. 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 ) _7 "' (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Fortes/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16F3 Narrative The project will expand communications and broadcasting capabilities to over 30,000 citizens in the unincorporated community of Immokalee Florida. It will allow better conveyance of critical information to protect lives and property in the event of a hurricane, tornado, wildfire, and flooding disasters. 1. Applicant Qualifications: Collier County Board of County Commissioners via the Collier County Emergency Management Department. The staff of the Department of Emergency Management is well- versed in the application of and maintenance of the requested equipment. The director of the department, Mr. Dan Summers is a veteran of Emergency Management having spent over 23 years serving Wilmington North Carolina and Collier County in the director capacity. His many accomplishments include testifying before the United States Congress on two occasions in regards to Disaster Mitigation and Response on behalf of the Director of FEMA and the Office of Congressional Affairs. He is also the recipient of the 2008 Emergency Manager of the Year, a distinction awarded by his peers from the Florida Emergency Preparedness Association. As well- versed as Mr. Summers is as an Emergency Manager, he is also considered a resident expert in many forms of communication to include mass communication. He is the Systems Administrator for the 800 MHz Public Safety Trunking Communications System and he also instituted a Cable Television Audio Interrupt program and procedures back -up community alert and notification system for our community. Mr. Summers has also established a much needed affiliation with many of our local radio and television stations that could provide addition guidance and expertise to support our endeavor. The department also includes Mr. Fred Edwards who has over 30 years of experience in the communications field and we have access to a very large Information Technology department that can further serve our efforts in support of this critical program. We have the skills and capabilities to operate and maintain the requested equipment at a professional level of quality. 2. Financial Qualifications: The total cost of the requested equipment is $117,420 with our cash match equaling $58,710. Other responsibilities that we would be accountable for includes, storage of the units, maintenance of the equipment, and transport of the towers. A financial breakdown is listed in the table below: MOBILE SPEAKER TOWER'S BUDGET Budget Category Grantor Share Applicant Share Total Cost Equipment $52,571 $52,571 $105,142 Installation /Technical Services $6,139 $6,139 $12,278 Total $58,710 $58,710 $117,420 Cash Match Requirement $58,710 16F3 3. Project Objectives: The primary function of our project involves the purchase of and geographic placement of two Early Alert Warning Mobile Speaker Towers and a Base Station transceiver device to overcome a major language and literacy obstacle in the northern part of our county. The mission of the Collier County Emergency Management Department is to protect communities by coordinating and integrating all activities necessary to build, sustain, and improve the capability to mitigate against, prepare for, respond to, and recover from threatened or actual natural disasters, acts of terrorism, or other man -made disasters. Collier County, with an approximate population of 350,000 is considered a very vibrant, and disaster - experienced community; however, there is one part of Collier County that presents some unique challenges during times of disaster. The community of Immokalee is an unincorporated part of our county and their population of 30,106 is made up of mostly migrant farm workers. When the harvest season begins, the population increases to approximately 40,000. In addition, their infrastructure, (mobile homes, businesses,) and other facilities do not follow the present day codes, there is an extreme language barrier along with a major literacy problem, and there is also a decided lack of trust from the Immokalee citizens in regards to any assistance and or support from any local government department. Although, we work through many non -profit organizations throughout the County to try to ensure that the citizens and visitors understand the critical information we are providing for their safety and well- being, we are still not getting through as needed. We produce pamphlets and brochures in their native languages; rely on a Hispanic Radio Station to spread the word, conduct safety seminars in the community, and with the great hope that our Government television station reaches the masses, we still fear that there is a decided lack of understanding in their personal safety strategies during emergency situations. The overall mistrust, several different languages, continuing large influx of migrant workers, and over 90% illiteracy rate continues to create a vulnerability that will eventually cause the loss of life. Our proposal would allow us to pre - position the Early Alert Warning Speaker Towers and transmit up to date critical life saving information in several different languages to ensure that the Immokalee citizens and visitors are well protected and informed during and immediately after times of disaster. 4. Urgency: Collier County is a coastal community in southwest Florida with the Gulf of Mexico to the west and the Florida Everglades to the east. Given our location, severe weather is always a major concern and our community is exposed to tropical storms and hurricanes from June through November. During tropical storms and hurricanes, residents and vacationers in the flood prone areas often need to be evacuated to shelters for safety and we have sheltered over 28,000 people to ensure their safety from man -made and natural disasters. Wildfires present another major threat to the safety and well -being of our citizens and since 1998, more than 15,000 wildfires have devastated over one million acres and destroyed more than 750 structures in Florida. The Collier County Department of Emergency Management has activated the Emergency Operations Center eight (8) times since the 2004 Hurricane 16F3 Season, beginning with Hurricane Charley in 2004 and ending with Hurricane Wilma in 2005. The unincorporated community of Immokalee remains our greatest vulnerability due mainly to our inability to communicate with the large, predominantly Creole and Hispanic population. Southwest Florida has proven to be extremely disaster prone in recent years with nine different hurricanes, several wildfires, and a handful of tornadoes impacting the area. All future indications predict that it will get worse rather than better and with these threats continuing to hover over us, our County will strive to take any measure available to protect our communities. 5. Technical Qualifications: Our department has tried unsuccessfully for years to communicate critical information to the Immokalee community during times of serenity as well as during crisis events. We have also utilized personal seminars, radio and television capabilities, and written documentation in their native languages; however, we can finally reach this diverse and extremely transient population through this worthwhile and extremely vital program. The capabilities of our proposed Early Alert Warning System will not only provide the necessary response to meet the community needs in Immokalee but will better serve all of Collier County. The proposed speaker tower system is designed for wide -area mass notification, covering large areas with crisp, intelligible voice (recorded in any language), tone and siren warnings. The tower is a portable field notification unit for tactical operation, and disaster management. The mobile system requires minimal operator set -up and can be rapidly deployed before, during and after a disaster. The towers can be moved with any military or civilian vehicle and can be airlifted. It can operate autonomously and it delivers up to 128 pre- recorded messages stored in its own memory and tones generated by its digital tone generator, including the standard FEMA public warning tones. A local operator can also deliver live voice messages translated in the required diverse languages so all of our citizens can receive and fully comprehend and understand potential life saving information. The other component of this communication system is the Integrated Base Station (IBS) which is a sophisticated Command and Control (C2) system that is designed to alert, warn and inform people of what to do before, during and after an emergency or disaster. The IBS can operate as a stand -alone system or be integrated with other C2 or computer -aided dispatch (CAD) systems for improved situational awareness. The system can also be integrated with other systems, including fire panels, access control, intrusion detection, weather sensors, telephone and text alerting as well as Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) detection systems. The IBS issues commands and provides data messages to various VHF transceivers. It continuously monitors the status of all transceivers and their associated audible and visual notifications devices. The IBS transmits emergency announcements as prerecorded or live (microphone) messages to any individual or group of audible devices. It can also send commands to activate visual notification appliances. The IBS can be field - programmed by a system administrator to execute pre- scripted, automated responses to include playing of pre- recorded audible messages, activation of text messages and strobes as well as sending messages to other connected systems. We have looked long and hard through various researches, benchmarking systems and personal demonstrations and have concluded 16F3 that our proposed system is reasonably priced and meets all the distance and interoperable criteria and standards needed for its designed purpose. None of the requested equipment has been purchased prior to Public Telecommunications Facilities Program closing date. 6. Special Considerations (Involvement of Women and Minorities): In regards to minorities, our primary focus is to ensure the entire citizenry of Immokalee which is made up of an extremely large minority group is well informed and protected in times of crisis. i GRAN- f-S.GOV- Grant Applic &Fp3kage Opportunity Title: Public Telecommunications Facilities Program Department of Commerce Offering Agency: 11.550 -- _ -_ - -- - -- CFDA Number: Public Telecommunications Facilities Planning and Constr CFDA Description: 008 -001 Opportunity Number: Competition ID: PTFP Opportunity Open Date: 01108/2008 Opportunity Close Date: 0212212008 Agency Contact: Larry Dyer Program Officer E -mail: ldyer@ntia.doc.gov This opportunity Is only open to organizations, applicants who are submitting grant applications on behalf of a company, state, local or tribal government, academia, or other type of organization. ' Application Filing Name: Collier County Early Alert Mobile Towers Mandatory Documents Move Form to Mandatory Completed Documents for Submission Application for Federal Assistance (SF -424) Submission List Disclosure of Lobbying Activities (SF -LLL) _> CD511 Form Budget Information for Non - Construction Programs (SF -424A) Move Form to Documents List open F Documents Move Form to Submission List E�__il Move Form to Documents List F--::::-] E_____�] Optional Completed Documents for Submission l�n^sE�ruc ons ' Enter a name for the application in the Application Filing Name field. - This application can be completed in its entirety offiine; however, you will need to login to the Grants.gov website during the submission process. - You can save your application at any time by clicking the "Save" button at the top of your screen. - The "Submit" button will not be functional until the application is complete and saved. Open and complete all of the documents listed in the "Mandatory Documents" box. Complete the SF-424 form first. -It is recommended that the SF -424 form be the first form completed for the application package. Data entered on the SF -424 will populate data fields in other mandatory and optional forms and the user cannot enter data in these fields. -The forms listed in the "Mandatory Documents" box and "Optional Documents" may be predefined forms, such as SF -424, forms where a document needs to be attached, such as the Project Narrative or a combination of both. "Mandatory Documents" are required for this application. "Optional Documents" can be used to provide additional support for this application or may be required for specific types of grant activity. Reference the application package instructions for more information regarding "Optional Documents'. -To open an item, simply click on it to select the item and then click on the "Open" button. When you have completed a form or document, click the form /document name to select it, and then click the => button. This will move the form/document to the "Completed Documents" box. To remove a form /document from the "Completed Documents" box, click the form /document name to select it, and then click the <= button. This will return the form/document to the "Mandatory Documents" or "Optional Documents" box. -When you open a required form, the fields which must be completed are highlighted in yellow. Optional fields and completed fields are displayed in white. If you enter invalid or incomplete information in a field, you will receive an error message. Click the "Submit" button to submit your application to Gnnta.gov. - Once you have properly completed all required documents and saved the application, the "Submit" button will become active. - You will be taken to a confirmation page where you will be asked to verify that this is the funding opportunity and Agency to which you want to submit an application. i GRANTG9 C.OV" Grant Application Package Application Submission Verification and Signature 16 F 3 Opportunity Title: Public Telecommunications Facilities Program Offering Agency: Department of Commerce CFDA Number: 11.550 CFDA Description: Public Telecommunications Facilities Planning and Construction Opportunity Number: 008 -001 Competition ID: PTFP Opportunity Open Date: 01/08/2008 Opportunity Close Date: 0212212008 Application Filing Name : Collier County Early Alert Mobile Towers Please review the summary provided to ensure that the information listed is correct and that you are submitting an application to the opportunity for which you want to apply. If you want to submit the application package for the listed funding opportunity, click on the "Sign and Submit Application" button below to complete the process. You will then see a screen prompting you to enter your user ID and password. If you do not want to submit the application at this time, click the "Exit Application" button. You will than be returned to the previous page where you can make changes to the required forms and documents or exit the process. If this is not the application for the funding opportunity for which you wish to apply, you must exit this application package and then download and complete the correct application package. Sign and Submit Appiicatlon Exit Application . 16 F 3 E ? pi atibnu Date: 01//31 /2009 Application for Federal Assistance SF -424 Version 02 ' 1. Type of Submission: Preapplication J❑ Application ❑ Changed /Corrected Application ' 2. Type of Application: • If Revision, select appropriate lefter(s): C New I Continuation ' Other (Specify) ❑ Revision �- ' 3. Dale Received: 4. Applicant Identifier: Complelad by Grants gov upon submission 5a. Federal Entity Identifier: ' 5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: • a. Legal Name: IC011i" County Board of Commissioners • b. Employer/Taxpayer Identification Number (EIN/TIN): `c. Organizational DUNS: 076997790 - -� 59- 6000558- -____I d. Address: • Streetl: 3301 E Tamiami Trail Streetl: Building -_ - -- -— _ •City: Naples County: Collier • State: C FL: Florida Province: • Country: USA: UNITED STATES • Zip / Postal Code: e. Organizational Unit: Department Name: Division Name: Emergency Management Bureau of Emergency Services f. Name and contact information of person to be contacted on matters Involving this application: Prefix: Mr. ' First Name: Joseph Middle Name: • Last Name: Frazier Suffix: Title: Homeland Security Coordinator Organizational Affiliation: • Telephone Number: 239 252 -8425 Fax Number: 239 775 -5008 ` Email: losephfrazier@colliergov.net OMB Number: 4040 -0004 1 L C Z Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 9. Type of Applicant 1: Select Applicant Type: B: County Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: • Other (specify): ' 10. Name of Federal Agency: Department of Commerce 11. Catalog of Federal Domestic Assistance Number: 1.550 CFDA Title: Public Telecommunications Facilities Planning and Construction • 12. Funding Opportunity Number: 008 -001 Title: Public Telecommunications Facilities Program 13. Competition Identification Number: PTFP___— Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Col lier County, Florida ' 15. Descriptive Title of Applicant's Project: Collier County Early Alert Warning Mobile Towers Attach supporting documents as specified in agency instructions. Add Attachments Delete Attachments View AttaChrtrenls- 16 F 3 E ati nu Dater 01//31 12009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: ' a. Applicant K--::] • b. Program /Project 25 Attach an additional list of Program /Project Congressional Districts if needed. Add Attachment 17, Proposed Project: .a. Start Date: 10/10/2008 ' b. End Date: 04/O1I2009 18. Estimated Funding (6): `a. Federal �— 58,710.00 • b. Applicant 58,710.00 • c. State 0.00 • d. Local _0_OOJ 'e. Other ___0.00 • f. Program Income • g. TOTAL 117,420.00 • 19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on . J❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. ' 20. Is the Applicant Delinquent On Any Federal Debt? (if "Yes ", provide explanation.) E] Yes ❑d No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms if I accept an award. 1 am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ✓❑ "I AGREE `• The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mr. "First Name: iTom Middle Name: Last Name: Henning Suffix: F- • Title: Chairman • Telephone Number: 239 252 -8097 Fax Number: L- • Email: tomhenning(r�colliergov.net • Signature of Authorized Representative: Completed by crams.aov upon submission. •Date Signed: Completed by Grants upon submission. Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A -102 1 / ` e� I OMB Number: 4040 -0004 /+V, �`Ii ';+�99zpiration Date: 01/3112009 Application for Federal Assistance SF -424 Version 02 • Applicant Federal Debt Delinquency Explanation The following field should contain an explanation if the Applicant organization is delinquent on any Federal Debt. Maximum number of characters that can be entered is 4,000. Try and avoid extra spaces and carriage returns to maximize the availability of space. i DISCLOSURE OF LOBBYING ACTIVITIM r ,` Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1362 0348 -0046 Ravletr public Burden Disclosure 86temerd 1.' Type of Federal Action: 2. " Status of Federal Action: 3.' Report Type: ❑ a. contract ❑ a. bidlofferlappllcatlon D e. Initial filing 0 b. grant J❑ b. initial award ❑ b. material change ❑ c. cooperative agreement a poaLawand ❑El tl. loan ❑ e. loan guarantee ❑ f. loan insurance 4. Name and Address of Reporting Entity: Prime E] SubAwardae 'Name Collier County Board of County Commissioners ' Street 1 Street 2 3301 E Tamlaml Trail 'City State Zip Naples- FL'. Florida— 34112. Congressional District if known 14 6. " Federal DepartmenVAgency: 7. " Federal Program Name /Description: IDepartment of Commerce Public Telecommunications Facilities Planning and Construction — CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: a 10. a. Name and Address of Lobbying Registrant: b. Individual Performing Services (including address if different from No 10a) Prefix ' First Name Middle Name Prefix ' First Name Middle Name 'Last Name Suffix 'Last Name Suffix C' ' Street 1 Street 2 - Street 1 Street 2 1130 Conneticut Avenue I Suite 300 'City State Zip State Zip waehingtoIt DC Disiritl of 20036 r'City —� 11. ' Signature: Cornf i¢had rn sLJhIt or. to Grads. qov Information requested through this farm is authorized by title 31 U.S.C. section Name: Prefix ' First Name Middle Name Mc Tom 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into This disclosure is required pursuant to 31 U.5. C. 1352. ' Last Name Suffix This information will be reported to the Congress semi- annually and will be Henning C� available for public inspection. Any person who fails to file the required Title: Chairmen disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. — Telephone No.: 239 252 -8097 Date: rr.at -, , __. , Federal Use Only: Authorlud for Local Reproduction Standard Form - LLL (Rev. 7 -97) FORM CD -611 U.S. DEPARTMENT OF COMMERCE (REV 1 -05) CERTIFICATION REGARDING LOBBYING Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 28, 'New Restrictions on Lobbying.' The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Commerce determines to award the covered transaction, grant, or cooperative agreement. LOBBYING Statement for Loan Guarantees and Loan Insurance As required by Section 1352, Title 31 of the U.S. Code, and implemented The undersigned states, to the best of his or her knowledge and belief, at 15 CFR Part 28, for persons entering into a grant, cooperative that agreement or contract over $100,000 or a loan or loan guarantee over $150,000 as defined at 15 CFR Part 28, Sections 28.105 and 28.110, the applicant certifies that to the best of his or her knowledge and belief, that In any 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 (1) No Federal appropriated funds have been paid or will be paid, by or on Member of Congress in connection with this commitment providing for the behalf of the undersigned, to any person for influencing or attempting to United States to insure or guarantee a loan, the undersigned shall influence an officer or employee of any agency, a Member of Congress in complete and submit Standard Form- LLL,'Disclosure Form to Report connection with the awarding of any Federal contract, the making of any Lobbying' in accordance with its instructions. Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, Submission of this statement is a prerequisite for making or entering into amendment, or modification of any Federal contract, grant, loan, or this transaction imposed by section 1352, title 31, U.S. Code. Any person cooperative agreement. who fails to file the required statement shall be subject to a civil penalty of (2) If any funds other than Federal appropriated funds have been paid or will not less than $10,000 and not more than $100,000 for each such failure be paid to any person for influencing or attempting to influence an officer or occurring on or before October 23, 1996, and of not less than $11,000 and employee of any agency, a Member of Congress, an officer or employee of not more than $110,000 for each such failure occurring after October 23, Congress, or an employee of a member of Congress in connection with 1998 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL,'Disclosure Form to Report Lobbying.' in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT Collier County Board of Commissioners • AWARD NUMBER ` PROJECT NAME Collier County Early Alert Mobile Towers Prefix: ' First Name: Middle Name: • Last Name: Suffix: Henning Title: Chairman • SIGNATURE: • DATE: Completed Upon-Sublmssion to PraInts.gov 7, - .... , Completed. Upon Submission to Grants.gov trx%,r —dEi cat L- BUDGET INFORMATION -Non- Construction Progr o e Approval No. 4040 -00% xpiration Data 04I30I2W8 SECTION A - BUDGET SUMMARY Grant Program Function or Activity lal Catalog of Federal Domestic Assistance Number IN Estimated Unobligated Funds New or Revised Budget Federal (c) Non - Federal Idl Federal le t Non - Federal (f) Total (g) t. PTFP 1155 E DE E D E 581000 E A20D0 4. 5. Totals sL____� Is —1 E L= Is C= E SECTION B - BUDGET CATEGORIES 6. Object Class Categories UHANT VKUUHYVA, FUNU HUN vR7ZTIVn Total (1) PTFP ( 2) � (3)�� (4) I��_�II (8) a. Personnel E $ s E E b. Fringe Benefits a Travel r��f I�J �� d. Equipment _ _ 52,5]1.00 52.571 W e. Supplies I. Contractual .13BOU 8,139.W g. Construction h. Other l 1. Total Direct Charges (sum of 6a -6h) E ). Indirect Charges $1 k. TOTALS (sum of 61 and 6j) E E E::= s s 7. Program Income E s 1 s� 1 s f� Authorized for Local Reproduction Standard Form 42" (Rev. 7- 97) P... ib.d by OMB(Cuculur A -102) IrMW SECTION C - NON - FEDERAL RESOURCES (a) Grant Program (b) Applicant (c) State (d) Other Sources (e) TOTALS 8 PTFP $ -- 58,]10.00 $ E- s S 10. 12. TOTAL (sum of lines 8 -11) is E_= s L_ S E= s F== SECTION D - FORECASTED CASH NEEDS 13. Federal Toblfor lat Year tat puubr 2nd Quarter 3m 0uerbr 4th Quarter $ $ se,now $ L_ = E C_---= s 14. Non - Federal $ ] se.no.00 7 _ = F- 16. TOTAL (sum of lines 13 and 14) $ E7= s E:= s s E= s SECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT (a) Grant Program FUTURE FUNDING PERIODS IYeaml (b) First (c )Second (d) Third a Fourth 18, PTFP s S fL� 20. TOTAL (sum of lines 16 - 19) Is E== s Is Is SECTION F - OTHER BUDGET INFORMATION 21. Direct Charges: 22. Indirect Charges: 23. Remarks: 4 Authorized for Local Reproduction Standard Form 42" (Rev. 1.97) Page 2 16 Q Approval No. 4040 -0007 Expiration Date 0413012008 ASSURANCES - NON - CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601 at seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Prevlous Edition Usable Standard Form 4248 (Rev. 7.97) Authorized for Local Reproduction Prescribed by OMB Circular A -102 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327- 333), regarding labor standards for federally- assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (ED) 11514; (b) notification of violating facilities pursuant to EC, 11738; (c) protection of wetlands pursuant to ED 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 at seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401 at seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 16 F3 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), ED 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 at seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. § §2131 at seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801 at seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non - Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. • SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Completed on submission to Grants.gov * TITLE Chairman • APPLICANT ORGANIZATION * DATE SUBMITTED Completed on submission to Grants.gov Collier County Board of Commissioners Standard Forrn 4246 (Rev. 7 -97) Back 16F3 Speaker Tower Grant Application 2008 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: COLLIER COUNTY BOARD OF CO ANTY C MISSIONERS By. Date: 2/12/08 FEID# 59- 60000558 ATTEST: Dwight E. Brock, Clerk Approved as to Form and Legal Sufficiency By' - dC , l' p �I �2z,, Deputy Wrk j Colleen Greene, ,assistant County Attorney Att"t as to Chi t 6108twe an 14 OMB N160F003 Expiration Date: 01131/2009 Application for Federal Assistance SF-424 Version 02 " 1. Type of Submission: ❑ Preapplication [7f Application ❑ Changed /Corrected Application ' 2. Type of Application: ' If Revision, select appropriate letter(s): E� New ❑ Continuation ' Other (Specify) ❑ Revision ' 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: ' 5b. Federal Award Identifier: C State Use Only: 6. Date Received by State: 7. State Application Identifier: S. APPLICANT INFORMATION: • a. Legal Name: I Collier County Board of County Commissioners • b. Employer/Taxpayer Identification Number (EIN /TIN): ' c. Organizational DUNS: 07.899 -7790 59- 6000558 d. Address: ' Streetl: 3301 E Tamiami Trail - Street2: rBuilding F "City: Naples County: Collier ` State: FL Province: ` Country: USA: United States ' Zip / Postal Code: 34112 - e. Organizational Unit: Department Name: Division Name: Bureau of Emergency Services Emergency Management f. Name and contact information of person to be contacted on molders involving this application: Prefix: Mr. ' First Name: I Joseph Middle Name: ' Last Name: Frazier Suffix: Title: I Homeland Security Coordinator Organizational Affiliation: • Telephone Number: (239) 252 -8425 Fax Number: (239) 775 -5008 • Email: josephfrazier@colliergov.net OMB KL6 4F -03 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 9. Type of Applicant 1: Select Applicant Type: 13 Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: Other (specify): ' 10. Name of Federal Agency: NTIA! OTIA / PTFP 11. Catalog of Federal Domestic Assistance Number: 11.550 Public Telecommunications Facilities Program ? ' 12. Funding Opportunity Number: TBA ' Title: Public Telecommunications Facilities Program 13. Competition Identification Number: Title 14. Areas Affected by Project (Cities, Counties, States, etc): Collier County, Florida ' 15. Descriptive Title of Applicant's Project: Construction Project Attach supporting documents as specified in agency instructions. 16Uf r.1G40 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: a. Applicant 1q ' b. Program /Project 25 Attach an additional list of Program /Project Congressional Districts if needed. 17. Proposed Project: a. Start Date: 10/01/2008 • b. End Date: 04/0112009 18. Estimated Funding (f): • a. Federal 58,710 • b. Applicant 158,710 • c. State • d. Local • e. Other • I. Program Income • g. TOTAL 1117,420 • 19. Is Application Subject to Review By State Under Executive Order 12372 Proes}s1 _ a. This application was made available to the State under the Execiffive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State . for review. H, c. Program is not covered by E.O. 12372. 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes ", provide explanation.) ❑ Yes w No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements herin are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms if I accept on award. I am aware that thy false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties, (U.S. Code, Title 218,Seclion 1001) [rj " I AGREE .:4. The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mr. *First Name: Tom Middle Name: ' Last Name: Henning Suffix: Title: I Chairman Telephone Number: 1 (239) 252 -8097 Fax Number: () - • Email: tomhennmgjolliergov . nat • Signature of Authorized Representative: 4 Dale Signed: `. Authorized for Local Reproduction v V Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A -102 CLI ?K ttsuhn a) e }6F3 )\ \} CL 0 /) 0 , An \ ) } § LL j\` §LU )§ LU f \\ ( �«I c a k � ° - \ tL 0 k *� L © w _ } \%_ \)E 7 f §§ \ �0 - { ( & ® CD k / \ / / _ k $ - ) \ - ° 2 r _ _ § § 2 - ] ) \ �\ ° ° LL w / ) ) \ / / ) ■ \ ) { )\ \} CL 0 APPLICATION DS Public Telecommunications Facilities Program PAGE PTFP -2 NTIA/Department of Commerce/Washington DC 20230 PROJECT INFORMATION 22. Applicant Name Collier County Board of County Commissioners 23a. Enter "Y" if 23b. Old 24. Main Station Reactivation _ 1N File S Call Letters 0 Radio MHz TV Channel 25. _Yes [_No Have you previously received a PTFP grant? If Yes, enter a grant number here 26. Enter letter(s) to classify project 16F3 OMB Approval 0660 -0003 (P) tanning or (R)adio or (T)V (B)roadcast or (N)onbroadcast 27. Enter the Priority of Category (C) onslruction C or (RT) for both .__lam or (SN) for both under which you request the 5A application be reviewed. 28. For NEW BROADCAST station, repeater, or translator applications, enter the number 29. Engineering Contact of persons that the project will benefit. Population currently without a signal that Hrs./Wk will receive its first signal from the Hrs./Wk proposed facility 0 Population currently receiving a signal from 0 another public station that will also receive 0 a signal from the proposed facility 3-0,000- Title n :._r� Cpordinatgr PbQna (239) 252-8425 Email net 10. Summary of the application (Summarize the purposes of the application in a few sentences.): To provide vital communications to Collier County "s unincorporated areas, specifically Immokalee. During hurricane eason and other disaster events, Immokalee is our greatest vulnerability due to the incredible language barriers and Iliteracy factors. The population consists of Hispanic and Creole with an illiteracy rate of 90 %. To ensure their safety nd well- being, our mobile speaker towers are our best endeavor to communicate emergency doctrine to the ommunity. 31. Enter Y if New FCC Authorizations and /or New Sites are required for the project _ (If yes, complete the following table). CC➢Yra 32. Yes V No Have you applied to, intend to apply to, or received funds from another Federal program or CPB for this project or a related project? If Yes, please provide information regarding the other funds as an attachment to this page. If applicant is NOT Date of expected qualification 33. Is the station CPB qualified? (Enter Y or N) ❑ currently CPB qualified, (CPB qualification is NOT a requirement to receive a PTFP grant.) enter "Y" if qualification is expected. 34. List all public radio, TV stations or ITFS facilities which provide a similar type signal to the proposed service area (1 MV for FM, Grade B for TV). 35. Station Operations Full -Time Staf Pan -Time Staf Volunteer• Operating Budges NEXT YEAR IF PROJECT THM VFAR nluncn Number Hrs./Wk Number Hrs./Wk 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Authorized for Local Reproduction This form expires 12/31/2009 Previous Editions NOT usable ) 16F3 Top ¥Page When kbm bmbPT9 } \ \ 0 ai } \ I _ :- } \ 0 ; � ! S �— - — - — § 2 - - M 7a-) k E 2 \ § 0 _ ! 2 e } / LIJ g ) ) r R. \ \/ / ° \ \ 00 _ 00 \\ k { / \ IL \ . ~ kMO S f 6 d — - r § 3 7 M \ ) k | - \ . E � 2 : k 2 1 3 �& 22 e E LU { - 2 L ) _ CL-- - ------ - § j 0) ; E ■ e ] ] _ / )\ \ M } \ \ 0 ai } \ I TACWAVES Mobile Speaker Array The TACWAVES Portable High Power Speaker Arrays deliver highly - intelligible voice and tone messages to wide -area outdoor locations. • Broadcasts high - intelligibility live • Mobile, easy to move and relocate and recorded voice, tone and siren announcements to people over • Rapid field setup, deployable with - large geographic areas in minutes • Remote operation from the • Omnidirectional speaker coverage WAVES base station, third party • Weather resistant - special control stations or locally from the aluminum alloy horn construction MSA unit via built -in microphone provides long service life without and control panel material fatigue • Allows recording, storage and playback of local messages • Emergency operation during power outages • Allows multilingual commands • Integrated lightning protection • Transmits voice messages with intelligibility with up to 1,500 feet - over four football fields • Interface to WAVES via VHF Intrusive annuuncemenf, In the event of an emergency ire not an option, rhey :iro a ni ( r-, nit). Th it why our port.ible Hi?h -n, over Speaker Art rye (NISA -d 1081 are designed for wide -area mass notification, covering large areas with crisp, mtefllgible :)ice. r ,lw and siren - -,k i ning, Tile H1b> in o porLrMe field n,)nhcation unit for tactical operapon, forward unit deployment,, dl,a,ter mnnag,oment nod temporary eeeIlk r II mobile system requires minimal operator set -up and can be rapidly deployed before, durin„ and after a dis:umr. The ,'11SA can he maned witl'i and mihrary ,rr , ,Than et hide and airlifted. It can operate autonomously )r is in imegral component of the WAVES Whelk's, Audio Visual Emergency Systeml MNS or1- "CW;AA'FS ITactic.rl WAVFSI p,,ri alert ing zy,i, m_ In stand -atone mode. It delivers up to 128 pre - recorded messages stored in Its own memory and Ones generated by its digital tone generator, in, uding the standard f FEMA public •.va rn ing tone,. With .+n optional noise - canceling micro- phone, i ocal operator can deliver live voice tne,sagee. When con nectrd to ;i WAVES ,Mass Noriti(,thorl System, the VISA deliv- ers.,nnnm:ements rviglnatIFIg from the WAVES 13.ne St''[I 'l, via VI 11 ndt,,. I to PISA I, a I,rr cipable of .,creating voice in,I t In, apes stored wllhin the MSA unit 1zm . The %ISA i, a folly supervised si's- Irm performing ,ilent,elf tests of Its own subsystems a, well rs its (olk netted loud - ,pc'akrr,, at regular intervals. Re,Ults ,ire reported to the local colt rill device II_C01 panel as well a, to the base ,ration, which nigger, .darts moperator, .cod admininrrr, fors in cane of failure and pr„vides rhrin with delailecl diagnostic, Informorion_ 16F3 Wide -Area Mass Notification Emergency Notification Tent City Operations /FOBs Outdoor Warning Giant Voice /Big Voice • Community Alerting /Public Warning • Natural Disaster Alerting /Relief • All- Hazards Warning /Tsunami Warning • Industrial Disaster /Alerting /Relief • Temporary Events • Voice /Tone /Siren • Alerts, warns and informs people of what to do in an emergency Broadcasts safety sirens, live and recorded voice messages and visual alerts via secure networks Utilizes zones and sub -zones Assembles multiple systems for regional control and alerting (941)487 -2300 • Fax: (941)487 -2389 • 7565 Commerce Crt, Sarasota, FL 34243 - www.madah.com 14110MCB141 TACWAVES Mobile Speaker Array 16 F 3 Model - MSA -4108 Performance Sound Dispersion: Omnidirectional Number of Horns: 8 horns, varies by model Number of Drivers: 8 drivers, varies by model Amplifiers: 2 amplifier units, 80OW each Message Memory: Up to 60 minutes Microphone: Built -in Tones /Messages: Meets UFC Standards for Wide -Area MNS; capable of storing a minimum of 7 Standard FEMA tones; can be configured with custom tones and can store up to 128 messages. Electrical AC: Batteries: Solar Power: Generator (Gasoline or Diesel) Power Consumption (Battery Draw) - Ildle /Active (1 KHz tone): Environmental Amplifier Thermal Protection: Operating Temperature: Physical Trailer Length: Operational Height, fully erected: Stowed Height: Trailer Width: Trailer Gross Weight: Tongue Weight: Tire Size: Electronics Cabinet Dimensions: Maximum Tow Speed: I 00V - 240V, 50/60 cycles auto sensing 48 VDC system, 4 units @12 VDC Two 123 waft solar panels Optional: 3.5 KW Gasoline/4.5 KW Diesel 10W/1368W 95 °C -25 °C to +60 °C or- 13F`to +140°F 3.7 meters /12 feet 9.7 meters/ 32 feet 2.6m Lx 2.1m Wx2.1 mH/ 8.5 It L x 6.8 R W x 7 it 2.1 meters / 7 feet 1,270 kg /2,800 lbs. 45 kg /100 lbs. ST205/75/D14; Spare tire included with trailer base 91 cm H x 60 cm W x 25 cm D/ 36 in H x 24 in W x 10 in 45 mph 1 , it i -`(' [ I', : - Siren Electronics shall be: The Siren Head shall be: • One I I I outdoor IP541 cabinet mounted on trailer • 8 high -effir enp .iluminum horns • In0- 2.10VAC power,upply: S0 /60, y' e' uto sensing • 8 high -pov<u in, •n ml It <. inn, m,rn • Pi uird l ightni ng pmrt•ctn,n The trailer shall be • UFC Wide -Area MNS compliant Can be configured with virtually • f red- lowahle iq) ro 45 mph . equipped with spare lit, . in unlimired numbenrl Iocul n ne> and men�.u„c+ • T'wo 121 I24 ',v. ill >nL,r p;1 nr`Is • Local Control Panel forala rm art ivoh o❑ • Frequency Respumr 135Hz - 'Uklizl, A r,db • 13Pti,mal penrcdnn ai, s,l or g.nrlin.I IF it,, Tcstedl - 200 Hz - 12 Khz • Operational Height - 9.7 meters /;2 teet, • AVirelesn rrammlti.i,rn In rho 2 4 tt, 1 4835 Cliz hand Stowed li, ght- _ I iii, ters,7 (cer • RF Compliance with FCC Part 15.247, 15 209 • RF Cumphance with Furopean ,landerd I_'F5 loo- n. "300 -299 • Local control p:mel f ,r alarm ictivalion. PA, 1, rt and conh;urn- Pion setup, RS -232 Serial Interface. Radio Interface- %VAVFS TRX iw, rhnc , amplifier modules. • Intcrtace to WAVES vin VHF radio Printed in USA. Document MSA31060801. Q 2008 MadahCom, Inc. All rights reserved. Specifications sublect to change without notice. ITEM NO.: FILE NO.: ROUTED TO: o DATE: TO: FROM: RE: 16 F 3 ".1' DATE RECEIVED: G- OD /:2- REQUEST FOR LEGAL SERVICES GRANT ITEM - TIME SENNSITIVE February 15, 2008 Colleen Green, Assistant County Attorney Robert Zachary, Assistant County Attorney Marlene Foord, Grant Coordinator, 239 - 252 -4768 Joseph W. Frazier, EMD, Homeland Security Coordinator, 239- 252 -8425 Review of Grant Application — Public Telecommunications Facilities Program (CDFA Catalog Number: 11.550) � 0�o� BACKGROUND OF REQUEST: The attached grant includes documents that require the signature of the Chairman of the BCC. BCC approval to proceed to apply for this grant was given on 12 February, 2008 and submittal for the grant is scheduled no later than 22 February 2008. This item HAS / HAS NOT been previously submitted under RLS # 08 -EMG -00116 7MCLE ONE) ATTACHMENTS: 1. Grant Application ACTION REQUESTED: Please provide legal review of the attached Public Telecommunications Facilities Program Grant Application. The Chairman's signature is required on where marked on pages 4, 13, 14, and 15 of the application form. DOCUMENTS THAT REQUIRE BCC CHAIRMAN'S SIGNATURE: (explain any specific instructions or requirements). 1. Sign pages 4, 13, 14, 15 of application form COMMENTS: This item is scheduled for submittal on 22 February. ORIGINAL DOCUMENTS CHECKLIST & ROUTING 46 F 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 he hand delivered to the Board OOice The completed routing slip and original documents are to he hxaarded to the Board Office onl} after the Board has taken action on the tem.) 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 Chairman's signature, draw a line through routine lines #1 through #4_ emmnlere the checklist and &..,,,nr.t m s:— cao,.., In— u41 Route to Addressee(s) List in muting order Office Initials Date LColleen Greene County Attorney (Initial ) lJ Agenda Date Item was 2. Agenda Item Number 16173 Approved by the BCC 3. Type of Document 4. Number of Original I Attached 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 BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact 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 Joe Frazier Phone Number 774 -8425 Contact appropriate. (Initial ) Applicable) Agenda Date Item was 2/12/08 Agenda Item Number 16173 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Grant Application Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial ) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board w 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. w 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. kJ 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 V time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 2112/08 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 OlAer: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 ' 1. Type of Submission: Preapplication [v7 Application Changed /Corrected Application ` 2. Type of Application: ' If Revision, select appropriate lefter(s): [� New E] Continuation ' Other (Specify) L] Revision F ' 3. Dale Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: * 5b. Federal Award Identifier: State Use Only: 6. Date Received by State: E=17. State Application Identifier: 8. APPLICANT INFORMATION: • a. Legal Name: Collier County Board of County Commissioners `b. Employer/Taxpayer Identification Number(EIN/TIN): `c. Organizational DUNS: 07- 699 -7790 59- 6000558 d. Address: `Streett: 3301 E Tamiami Trail Streel2: Building F • City: Naples County: Collier • State: FL Province: ' Country: USA: United States ` Zip / Postal Code: 34112 -3969 e. Organizational Unit: Department Name: Division Name: Bureau of Emergency Services Emergency Management f. Name and contact information of person to be contacted on matters Involving this application: Prefix: Mr. ' First Name: Middle Name: Joseph `Last Name: Frazier Suffix: Title: Homeland Security Coordinator Organizational Affiliation: ' Telephone Number: 1 (239) 252 -8425 1 Fax Number: (239) 775 -5008 ' Email: I josephfrazier@colliergov.net 16F3 OMB Number: 4040 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 9. Type of Applicant 1: Select Applicant Type: 8 Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: Other (specify): ' 10. Name of Federal Agency: NTIA / OTIA / PTFP 11. Catalog of Federal Domestic Assistance Number: 11.550 Public Telecommunications Facilities Program • 12. Funding Opportunity Number: TBA ' Title: Public Telecommunications Facilities Program 13. Competition Identification Number: Title 14. Areas Affected by Project (Cities, Counties, States, etc): Collier County, Florida ' 15. Descriptive Title of Applicant's Project: Construction Project Attach supporting documents as specified in agency instructions. 16 F 3 OMB Number: 4040 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: ' a. Applicant 14 • b. Program /Project 25 Attach an additional list of Program /Project Congressional Districts if needed. 17. Proposed Project: "a. Start Date: 10/01/2008 "b. End Date: 04/01/2009 18. Estimated Funding ($): • a. Federal 158,710 • b. Applicant 58,710 • c. State "d. Local • e. Other I. Program Income g. TOTAL 1117,420 19. Is Application Subject to Review By State Under Executive Order 12372 Process? E] a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. ' 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes ", provide explanation.) ❑ Yes [y� No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications*- and (2) that the statements herin are true, complete and accurate to the best of my knowledge. I also provide the required assurances"" and agree to comply with any resulting terms if I accept an award. I am aware that thy false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) �'• I AGREE The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mr. *First Name: Tom Middle Name: ` Last Name: Henning Suffix: • Title: Chairman • Telephone Number: (239) 252 -8097 Fax Number: () - • Email: tomhenning @colliergov.net • Signature of Authorized Representative: " Date Signed: Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A -102 n v% _( \iv UL Allah as to l � sig"atUn oil if APPLICA °ADS Public Telecommunications Facilities Program FOR PAGE PTFP -2 NTIA/Department of Commerce/Washington DC 20230 PROJECT INFORMATION 22. Applicant Name Collier County Board of County Commissioners 23a. Enter "Y" if 23b. Old 24. Main Station Reactivation N File # Call Letters Q_ Radio MHz TV Channel 25. _Yes /No Have you previously received a PTFP grant? If Yes, enter a grant number here 26. Enter letter(s) to classify project 16F-3 OMB Approval 0660 -0003 (P) tanning or ( R)adio or (T)V (B)roadcast or (N)onbroadwst 27. Enter the Priority of Category (C) onstruction C or (RT) for both R_ or (BN) for both N_ under which you request the $A application be reviewed. 28. For NEW BROADCAST station, repeater, or translator applications, enter the number 29. Engineering Contact of persons that the project will benefit. Namo Ill4P,�LFS��AP' Population currently without a signal that Hrs./Wk will receive its first signal from the Hrs./Wk proposed facility 0 Population currently receiving a signal from 0 another public station that will also receive j a signal from the proposed facility 30,000 Titlg Homeland Security ••• Email• :rl �•• •• 10. Summary of the application (Summarize the purposes of the application in a few sentences.): To provide vital communications to Collier County "s unincorporated areas, specifically Immokalee. During hurricane eason and other disaster events, Immokalee is our greatest vulnerability due to the incredible language barriers and Iliteracy factors. The population consists of Hispanic and Creole with an illiteracy rate of 90 %. To ensure their safety nd well- being, our mobile speaker towers are our best endeavor to communicate emergency doctrine to the ommunity. 31. Enter Y if New FCC Authorizations and /or New Sites are required for the project (If yes, complete the following table). 32. _Yes V No Have you applied to, intend to apply to, or received funds from another Federal program or CPB for this project or a related project? If Yes, please provide information regarding the other funds as an attachment to this page. If applicant is NOT Date of expected qualification 33. Is the station CPB qualified? (Enter Y or N) ✓ currently CPB qualified, ❑ (CPB qualification is NOT a requirement to receive a PTFP grant.) enter "Y" if qualification is expected. 34. List all public radio, TV stations or ITFS facilities which provide a similar 35. Station type signal to the proposed service area (1 MV for FM, Grade B for TV). Operations Full -Time Staff Part -Time Staff Volunteers Operating Budget NEXT YEAR IF PROJECT THIS YEAR FDNDFD Number Hrs./Wk Number Hrs./Wk 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Authorized for Local Reproduction This form expires 12/31/2009 Previous Editions NOT usable 16F3 �o �a � U QU Q cL o0 €n 0 LL � U n N'C C N �a G O 7 O r a w m O J w v d N `o N N 0 °w N N a 0 N 0 0 N A N 01 m m LL C o o z N Z a lC F li UJ O � W O � H O = _ f N U� v W 0 > > LL : O a m W m Z Q 6 Z m _ 0 0 LUC O H N O O h w v v E E N W LL N � N l0 � in W on I ¢ E� E �� m � Z m m 0) m EE U E O m Y r w o y c U O j E U c c m � �+ o m y C .�. h N C N O) > E a N a U 2 N J Q O C O0 .? N N y C O Q U d LL I� W U7 U U O 0 C O N LL c0 O N m O 0 N M Q c0 0 CL �o �a � U QU Q cL o0 €n 0 LL � U n N'C C N �a G O 7 O r a w m O J w v d N `o N N 0 °w N N a \ ) \� Top ¥Page When kbm #9 @PT + ) \ \ \ \ CIS M ) ]f y \ ` 0 - - -- - - 4 a \ « E 2 \ 0 a 0 2 a _ f > \ � \ \ ) ° z - ) ! 2 - ) 0S � \ ! LU / \§ $ i / �\ \ Cl } \ \ C- 0 ° \ § Ll ~ _ ( & 0 0 { $ k ( k ) 0 ) 3 \ - - - - ) § ) ! - - § § : ` \ ) ■ ] °, L) ; - ) % L - Ul ) \ / \ > \§ z LU \ } O . §L - UJ - - - \ ) % 93 E ) ; t ) ) £J ) ] ) \ \ \ \ CIS M 16F3 Narrative The project will expand communications and broadcasting capabilities to over 30,000 citizens in the unincorporated community of Immokalee Florida. It will allow better conveyance of critical information to protect lives and property in the event of a hurricane, tornado, wildfire, or flooding disaster. 1. Applicant Qualifications: Collier County Board of County Commissioners via the Collier County Emergency Management Department. The staff of the Department of Emergency Management is well- versed in the application of and maintenance of the requested equipment. The Director of the department, Mr. Dan Summers, is a veteran of Emergency Management having spent over 23 years serving Wilmington, North Carolina and Collier County in the Director capacity. His many accomplishments include testifying before the United States Congress on two occasions in regards to Disaster Mitigation and Response on behalf of the Director of FEMA and the Office of Congressional Affairs. He is also the recipient of the 2008 Emergency Manager of the Year; a distinction awarded by his peers from the Florida Emergency Preparedness Association. As well- versed as Mr. Summers is as an Emergency Manager, he is also considered a resident expert in many forms of communication to include mass communication. He is the Systems Administrator for the 800 MHz Public Safety Trunking Communications System and he also instituted a Cable Television Audio Interrupt program and procedures back -up community alert and notification system for our community. Mr. Summers has also established a much needed affiliation with many of our local radio and television stations that could provide additional guidance and expertise to support our endeavor. The department also includes Mr. Fred Edwards who has over 30 years of experience in the communications field and we have access to a very large Information Technology department that can further serve our efforts in support of this critical program. We have the skills and capabilities to operate and maintain the requested equipment at a professional level of quality. 2. Financial Qualifications: The total cost of the requested equipment is $117,420 with our cash match equaling $58,710. Other responsibilities that we would be accountable for includes, storage of the units, maintenance of the equipment, and transport of the towers. A financial breakdown is listed in the table below: MOBILE SPEAKER TOWER'S BUDGET Budget Category Grantor Share Applicant Share Total Cost Equipment $52,571 $52,571 $105,142 Installation /Technical Services $6,139 $6,139 $12,278 Total $58,710 $58,710 $117,420 Cash Match Requirement $58,710 16F3 3. Project Objectives: The primary function of our project involves the purchase of and geographic placement of two Early Alert Warning Mobile Speaker Towers and a Base Station transceiver device to overcome a major language and literacy obstacle in the northern part of our county. The mission of the Collier County Emergency Management Department is to protect communities by coordinating and integrating all activities necessary to build, sustain, and improve the capability to mitigate against, prepare for, respond to, and recover from threatened or actual natural disasters, acts of terrorism, or other man -made disasters. Collier County, with an approximate population of 350,000, is considered a very vibrant and disaster - experienced community. However, there is one part of Collier County that presents some unique challenges during times of disaster. The community of Immokalee is an unincorporated part of our county and their population of 30,106 is made up of mostly migrant farm workers. When the harvest season begins, the population increases to approximately 40,000. In addition, their infrastructure (mobile homes, businesses) and other facilities do not follow the present day codes. There is an extreme language barrier along with a major literacy problem, and there is also a decided lack of trust from the Immokalee citizens in regards to any assistance and /or support from any local government department. Although, we work through many non - profit organizations throughout the County to try to ensure that the citizens and visitors understand the critical information we are providing for their safety and well- being, we are still not getting through as needed. We produce pamphlets and brochures in their native languages; rely on a Hispanic Radio Station to spread the word, conduct safety seminars in the community, and with the great hope that our Government television station reaches the masses, we still fear that there is a decided lack of understanding in their personal safety strategies during emergency situations. The overall mistrust, several different languages, continuing large influx of migrant workers, and over 90% illiteracy rate continues to create a vulnerability that will eventually cause the loss of life. Our proposal would allow us to pre - position the Early Alert Warning Speaker Towers and transmit up to date critical life saving information in several different languages to ensure that the Immokalee citizens and visitors are well protected and informed during and immediately after times of disaster. 4. Urgency: Collier County is a coastal community in southwest Florida with the Gulf of Mexico to the west and the Florida Everglades to the east. Given our location, severe weather is always a major concern and our community is exposed to tropical storms and hurricanes from June through November. During tropical storms and hurricanes, residents and vacationers in the flood prone areas often need to be evacuated to shelters for safety. We have sheltered over 28,000 people to ensure their safety from man -made and natural disasters. Wildfires present another major threat to the safety and well -being of our citizens and since 1998, more than 15,000 wildfires have devastated over one million acres and destroyed more than 750 structures in Florida. The Collier County Department of Emergency Management has activated the Emergency Operations Center eight (8) times since the 2004 Hurricane Season, 2 16F3 beginning with Hurricane Charley in 2004 and ending with Hurricane Wilma in 2005. The unincorporated community of Immokalee remains our greatest vulnerability due mainly to our inability to communicate with the large, predominantly Creole and Hispanic population. Southwest Florida has proven to be extremely disaster prone in recent years with nine different hurricanes, several wildfires, and a handful of tornadoes impacting the area. All future indications predict that it will get worse rather than better and with these threats continuing to hover over us, our County will strive to take any measure available to protect our communities. 5. Technical Qualifications: Our department has tried unsuccessfully for years to communicate critical information to the Immokalee community during times of serenity as well as during crisis events. We have also utilized personal seminars, radio and television capabilities, and written documentation in their native languages. However, we can finally reach this diverse and extremely transient population through this worthwhile and extremely vital program. The capabilities of our proposed Early Alert Warning System will not only provide the necessary response to meet the community needs in Immokalee but will better serve all of Collier County. The proposed speaker tower system is designed for wide -area mass notification, covering large areas with crisp, intelligible voice (recorded in any language), tone and siren warnings. The tower is a portable field notification unit for tactical operation, and disaster management. The mobile system requires minimal operator set -up and can be rapidly deployed before, during and after a disaster. The towers can be moved with any military or civilian vehicle and can be airlifted. It can operate autonomously and it delivers up to 128 pre- recorded messages stored in its own memory and tones generated by its digital tone generator, including the standard FEMA public warning tones. A local operator can also deliver live voice messages translated in the required diverse languages so all of our citizens can receive and fully comprehend and understand potential life saving information. The other component of this communication system is the Integrated Base Station (IBS) which is a sophisticated Command and Control (C2) system that is designed to alert, warn and inform people of what to do before, during and after an emergency or disaster. The IBS can operate as a stand -alone system or be integrated with other C2 or computer -aided dispatch (CAD) systems for improved situational awareness. The system can also be integrated with other systems, including fire panels, access control, intrusion detection, weather sensors, telephone and text alerting as well as Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) detection systems. The IBS issues commands and provides data messages to various VHF transceivers. It continuously monitors the status of all transceivers and their associated audible and visual notifications devices. The IBS transmits emergency announcements as prerecorded or live (microphone) messages to any individual or group of audible devices. It can also send commands to activate visual notification appliances. The IBS can be field- programmed by a system administrator to execute pre- scripted, automated responses to include playing of pre- recorded audible messages, activation of text messages and strobes as well as sending messages to other connected systems. We have looked long and hard through various researches, benchmarking systems and personal demonstrations and have concluded 3 16F3 that our proposed system is reasonably priced and meets all the distance and interoperable criteria and standards needed for its designed purpose. None of the requested equipment has been purchased prior to Public Telecommunications Facilities Program closing date. 6. Special Considerations (Involvement of Women and Minorities): In regards to minorities, our primary focus is to ensure the entire citizenry of Immokalee, which is made up of an extremely large minority group, is well informed and protected in times of crisis. 11 163 Print Form Public Telecommunications Facilities Program WIN Approval No 0660-0a03 PTFP - 5 INVENTORY (EXHIBIT A) Construction Grant Applicants Only This Form: Use this form to tell PTFP about other related equipment for this facility that is (1) owned, (2) on order as of the date of the application, or (3) authorized by a prior PTFP award but not yet ordered. Related equipment refers to equipment similar to that requested in this application (e.g., provide inventory of all existing VTRs, if VTRs are requested), or is closely associated with the requested equipment (e.g., an inventory of all microwave that would feed a signal to a requested repeater station). DO NOT PROVIDE A FULL STATION INVENTORY. This facility. Provide inventory information only of the facility (usually a station) that is the subject of this application, not the inventory of all the stations you operate. However, if the station that is the subject of this application is co- located with another station you operate, then you should provide the requested inventory information for both stations. The application should explain the relationship between the two stations regarding the sharing of equipment, studios, staffs, etc. If you are applying for a digital radio or television project and requesting digital equipment to replace an existing analog capability, such as audio consoles or routing switchers, you should include the existing analog equipment on this form. If you are applying for new broadcast facilities, you should indicate whether you have any equipment that will be associated or devoted to the proposed facility. If you are applying for new distance learning facilities, you should include an inventory of any other similar facilities your institution operates, such as distance learning classrooms, etc. T/ If you do not have applicable equipment, check box ........................ ............................... N/A I Authorized for local repmductlon This Conn expires 12/31/2009 Previous editions NOT usable Number multiple copies of this page, e.g. 5-1, 5 -2, etc.) PTFP - 5- I Reset Form PAGE OF PAGES APPLICANT LOCATION DATE ITEM MANUFACTURER MODEL QUANTITY YEAR ACQUIRED Authorized for local repmductlon This Conn expires 12/31/2009 Previous editions NOT usable Number multiple copies of this page, e.g. 5-1, 5 -2, etc.) PTFP - 5- I Reset Form 16F3 OMB Approval No. 4040 -0007 Expiration Date 04/30/2008 ASSURANCES - NON - CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0040), Washington, DC 20503, PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1 Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, () the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edltlon Usable SUndard Fonn 424B (Rev. 7 -97) Authorized for Local Reproduction Prescribed by OMB circular A -102 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327- 333), regarding labor standards for federally- assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 at seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401 at seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205) r 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et sec.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. § §2131 at seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance . 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801 at seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1995 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. • SIGNATUR:EVUTHORIZEeA RTIFYING OFFICIAL ' TITLE Chairman ' APPLICANT ORGANIZATION ' DATE SUBMITTED a I ( I U Collier County Board of County Commissioners r -.. standard Form 4748 (Rev. 7 -97) Back Attatt n W CMiroW • Print Form tlg4atwl 6410 CD -611 1 -05) CERTIFICATION REGARDING LOBBYING 16F3 U.S. DEPARTMENT OF COMMERCE Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 28, "New Restrictions on Lobbying." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Commerce determines to award the covered transaction, grant, or cooperative agreement. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 15 CFR Part 28, for persons entering into a grant, cooperative agreement or contract over $100,000 or a loan or loan guarantee over $150,000 as defined at 15 CFR Part 28, Sections 28.105 and 28.110, the applicant certifies that to the best of his or her knowledge and belief, that: (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 in conncection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying." in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: In any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement 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 state- ment shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification. NAME OF Collier County Board of County Commissioners Collier County Early Alert Warning Mobile Towers PRINTED NAME ANDTITL OFAUTHO IZED REPRESENTATIVE Tom Henning, Chairm SIGNATURE DATE 02/12/2008 s ) r 9"JIGHT E. BROCK, CLERK 16 F- DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348 -0046 (See reverse for Dublic burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: rb a. contract C]a. bid /offer /application � a. initial filing b. grant b, initial award J b. material change c. cooperative agreement c. post -award For Material Change Only: J. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name Q Prime ❑ Subawardee and Address of Prime: Tier if known: �1 0 /1 at l.ouWlty l,i.W�wV�S5rc,1e r5 ' I err Y J'3ol Tp,rtntavut Tratl koJ t Nei ,'ie5' FL 39ua -3q� Congressional District, if known: 14.25 Congressional District, ifknown: 6. Federal Department/Agency: 7. Federal Program Name /Description: Department of Commerce Public Telecommunications Facilities Planning and Construction CFDA Number, if applicable: 11.550 8. Federal Action Number, if known: 9. Award Amount, if known: 10, a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) Wood, Amanda ( last name, first name, Ml): 1130 Connecticut Avenue, Suite 300 Wood, Amanda Washington, DC 20036 11. Information requested through this farm is authohoed by title 31 U S.C. section Signature: 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made Print Name: Tom Henning or entered into. This disclosure Is required pursuant to 31 U.S.C. 1352. This Information will be available for public inspection. My person who fails to file the Title: Chairman, Collier County Board of County Commissioners required disclosure shall the subject to a civil penalty of not Jess than $10.000 and 239 252 -8097 02/12/2008 Telephone No.: Date: not more than $100.000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Fom LLL (Rev. 7 -97) tt4Su t tiynat�'t oil» 1611 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORESPOPNDENCE February 12, 2008 I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Affordable Housing Commission: Minutes of November 8, 2007; December 13, 2007. Sub - Committee: Minutes of November 14, 2007; November 28, 2007. 2) Collier County Planning Commission — Form 1: Agenda of January 17, 2008. 3) Contractors Licensing Board: Minutes of December 19, 2007. 4) Development Services Advisory Committee: Minutes of December 5, 2007. 5) East of 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee: Minutes of December 19, 2006; January 22, 2007; June 11, 2007; August 13, 2007; October 8, 2007. 6) Golden Gate Community Center Advisory Committee: Minutes of December 3, 2007. 7) Ochopee Fire Control District Advisory Committee: Minutes of November 19, 2007; December 10, 2007. 8) Parks and Recreation Advisory Board: Minutes of December 19. 2007. 9) Pelican Bay Services Division Board: Agenda of November 7, 2007; December 5, 2007. Minutes of November 7, 2007; December 5, 2007 B. Other 1) Fire Services Steering Committee: Minutes of November 29, 2007. Novelr620171 A MINUTES OF THE MEETING OF THE COLLIER COUNTY AFFORDABLE HOUSING COMMIMSSION Naples, Florida, November 8, 2007 LET IT BE REMEMBERED, that the Collier County Affordable Housing Commission in and for the County of Collier, having conducted business herein, met on this date at 1:30 P.M. in REGULAR SESSION in Conference Room #610 in the Collier County Community Development and Environmental Services Center, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Ken Kelly Vice - Chair: Steve Hruby John Barlow Cormac Giblin Brian Goguen James Pusateri James Warnken Sally Masters - Alternate ALSO PRESENT: David C. Weigel, Collier County Attorney Marcy Krumbine, Director of Housing & Human Services Ana Diaz /�_ '_ . I si r ,4 fl e'- --'� E Tammie Nemecek, Economic Development Council Amy Patterson, Impact Fee Manager, CDES Novemberrl,20071 1 1. Call to Order The meeting was called to order by Chairman Ken Kelly at 1:35 PM. 2. Introduction of Commission Members and Staff A quorum was established. 3. Approval of Minutes Mr. Pusateri moved to approve the Minutes of the Subcommittee Meeting of October 31, 2007. Second by Mrs. Masters. Carried 7 -0. Chairman Kelly abstained. 4. Approval of Agenda Chairman Kelly suggested the following changes to the Agenda: • Under Item 5, "Information Items Only ": switch order of (a) and (b) • Under Item 6, "Action Items Only ": add (b) — Open Commission Seat — discussion and possible approval of applicants Mr. Hruby moved to approve the Agenda as amended. Second by Mr. Goguen. Carried unanimously, 8 -0. 5. Information Items B. Explanation of Sunshine Law — County Attorney David C. Weigel Attorney Weigel handed out copies of the manual published by the County Attorney's Office concerning the Sunshine Law, in addition to other topics. • Open Government Law, or "Sunshine Law," is contained in Florida Statutes 286.011 as well as in the Florida Constitution. • Purpose is to afford the public access to the governmental decision - making process • Requirements: (a) meetings of public boards or commissions must be open to the public; (b) reasonable advance notice must be given for each meeting; (c) minutes of the meetings should be taken. • Requirements apply to elected as well as appointed Boards and Commissions • It is not required that the minutes be approved, but is a highly recommended practice • Minutes must be transcribed into written form; a tape recording is not sufficient • Scope: Applies to two or more members of a Board or Committee who meet to discuss item(s) that may reasonably become a matter of business before that Board or Committee in the future • The County Attorney's Office cautions all members to not discuss the business of their Committee or Board outside of the formal meeting environment • Staff cannot be used as a liaison between Committee members • A one -way communication may be used to advise members of concerns or to provide information — but no response is to be made • A Subcommittee cannot conduct Committee business — it may perform a task assigned by the Committee and may make recommendations to the Committee • Penalties: for a non - criminal infraction, the member may be a tined up to 5500.00 or removed from an elected office A. Subcommittee Update — Steve Hruby Steve Hruby stated the Subcommittee met on October 3 l, 2007. The purpose of the Novetuber126 I I A meeting was to review the draft of the [nclusionary Zoning legislation that is being considered. The Subcommittee has been meeting twice a month. Topics discussed included: • Proposed waivers and the conditions to obtain a waiver • Concerns were expressed regarding potential loopholes in the waivers due to the general nature of the language - the Subcommittee will further examine whether this language could be construed as detrimental and if it could contribute to abuse • Performance assurance — how to ensure that a developer will live up to his obligations once a development has been designated for Inclusionary Zoning • The Statute currently requires a developer to place a bond in lieu of performance — concern was expressed that a development community would have to pay the bond premiums over the course of up to ten years until a development was completed • Non - compliance was discussed and what would happen if there was non - compliance • Penalties were discussed as a possible option • The most drastic remedy suggested was to close down a development and stop all future sales until substantial compliance was obtained • The "opt -out" fee was also discussed as well as suggested amounts and caps • Calculations would have to be quantifiable and possibly based on the impact fees Brian Goguen expressed his opposition to the assessment of any penalty. He stated efforts should be made to encourage developers to try to provide affordable units in good faith and not to scare them off. He stated if a developer found there was no market for the units already built, then the developer should be able to pay the buy -out and move forward. He stated he could support basing the opt -out fee on the impact fees or a percentage of the median home price. Steve Hruby stated there would be further discussions at future Subcommittee meetings, and recommendations would be brought back to the full Committee. C. Presentation of Workforce Housing Stimulus Program — Tammie Nemeeek, Economic Development Council Ms. Nemeck distributed printed copies of the presentation • Discussions were held at Subcommittee meetings to incorporate the Workforce Housing Stimulus Program within the work of the Affordable Housing Commission in order to more efficiently coordinate initiatives • Program components consist of (a) Fast Track Permitting & Innovation Program; (b) Transportation Enhancement Program; (c) Density Bonus Program; (d) Housing Fee Payment Assistance Program, and (e) Infrastructure Investment Program • Purpose is to establish "best practices" and serves a model for other organizations • EDC recently applied for and received a Grant through the Urban Land Institute • The approach was to develop a process to analyze what it is needed to build affordable housing in Collier County (1,000 units per year) • Program must be economically feasible and address needs of Collier County workers There was a discussion concerning density and whether there should be a fee charged for additional density. The fee could be charged on the market -rate units to be built. Novein1 6041 Ms. Nemeeek requested a Motion from the Commission to approve the work that has been completed to date and the initiatives supported by the Board of County Commissioners. Chairman Kelly stated the purpose of the Motion was to formally adopt the proposals from the EDC and ULI and compare them with other proposals. Brian Goguen stated the concepts presented were interrelated. He felt it was part of the entire program, as is Inclusionary Zoning, and should be formally adopted in order to consider it as part of the Commission's work program and examine it comprehensively. Chairman Kelly stated the Motion could be added to the Agenda as (c) under Item 6, "Action Items," and allow the public to comment. Mr. Hruby moved to add the Motion to "Action Items" as (e). Second by Mr. Goguen. Carried unanimously, 8 -0. Chairman Kelly advised audience members that if they wished to comment on any of the Actions Items, they were required to complete a "Speaker Slip' in order to be recognized and heard. D. Update on Open Positions — Marcy Krumbine • Applications were presented to the Commission at the last meeting and a vote was taken to recommend an applicant. The recommendation was presented to the Board of County Commissioner but there was an error and the request for appointment was rescinded. • The two vacant seats are specific to residential locations. One is allocated to the City of Naples and the City has been notified of the availability.. • Advertisement was placed for the available Immokalee seat. E. Announcement regarding Workshop — Marcy Krumbine • The Board of County Commissioners is concerned about the saturation of affordable housing in specific areas in Collier County and requested a workshop to be held on March 4, 2008 • Key items: (1) to quantify the need for affordable housing in Collier County, and (2) to quantify the current inventory of affordable housing • Data is being obtained from the Property Appraiser's Office and GIS mapping is being completed • The Agenda is not yet available 3mxes Barlow suggested that trying to find an actual number of houses to be built is difficult. He stated the goal to build 1,000 houses in a year was almost impossible. He suggested letting the market and sales drive the numbers. A question was asked if the Commission also considered the situation of an individual who may own a small plot of land and wishes to build a single affordable home on that property. Marcy Krumbine stated the same policies applied. The Impact Fee Deferral Program was available to the individual as well as down payment assistance. N November t7 I 1 6. Action Items A. Impact Fee Deferrals — reducing the number of developer deferrals and refund applications Chairman Kelly stated the issue was whether or not to recommend to the Board that it eliminate the ability of a developer to apply for and receive an Impact Fee deferral refund. Amy Patterson, Impact Fee Manager, was asked to give a brief overview of the refund situation. She stated there are three ways to obtain Impact Fee deferrals: • A qualified applicant receives an Impact Fee deferral prior to the issuance of a building permit; the deferral is given in lieu of payment of the impact fees; no reimbursement is required; • The Ordinance allows a developer to hold 50 Deferral agreements in his name; it is issued prior to obtaining the building permit— no cash is transferred so there is nothing to reimburse; • A developer may, due to timing constraints or lack of qualified applicants, pay the Impact Fees in advance — when a qualified applicant is found, the applicant executes a Deferral Agreement and the developer can apply for reimbursement of the fees paid Speaker Sam Durso stated there is a critical need for housing. Habitat for Humanity has enough land to build 1,700 homes. He stated Impact Fees are a significant problem for Habitat for Humanity. It has been owed $ 1.3 million in Impact Fees for over a year. He stated the for -profit builders are only building "affordable" units because they are required to do so. Habitat for Humanity needs 200 permits in order to build 125 homes per year. They would like to request a deferral for at least 100 units. He questioned whether or not this designed specifically to hinder Habitat for Humanity. He stated the County Manager used to be able to sign the deferrals. Having the applications presented to the BCC for approval is time consuming and complicates the entire process. There was discussion of how the County tracks the deferrals and accounts for the potential refunds to be paid. A suggestion was made that it should be a first come /first paid basis. If Habitat can complete building a house prior to any other builder, then Habitat should be entitled to the refund. If a builder pre -pays for additional deferrals, there is no guarantee that money will be available to refund the fees. Mr. Durso suggested the discussion should be centered on finding other sources of income to support the building of affordable housing. Mr. Hruby moved to maintain the current status of allowing 50 units per developer and permit reimbursement on a first come/ftrst serve basis with while looking for a fund to support a greater number of deferments. Second by Mr. Coguen. Carried unanimously, 8 -0. There was a discussion concerning "layering" of programs and what it meant. Presently, a developer could obtain impact fee deferrals, a density bonus, is fast- tracked, and obtain Novern down payment assistance for the applicant. There was agreement that all o these components were necessary in order to achieve the goal of affordable housing and were accepted practice through the country. Mr. Goguen moved to recommend to the Board that layering is the best practice and essential part of the solution to provide more affordable housing. Second by Mr. Giblin. Carried unanimously, 8 -0. Marcy Krumbine asked how the recommendations were to be presented to the Board. She stated there was only one meeting scheduled in December. It was suggested the Commission prepare a white paper recapping all of its decisions and utilize visual aids to help explain the decisions to the BCC. January was suggested as the target date. B. Open Commission Seat Chairman Kelly stated Fred Thomas was the only applicant who lives in Immokalee. The other applicants did not qualify for appointment. It was noted Mr. Thomas already sits on two other committees. It was also noted that the BCC could waive this restriction if requested by the Commission. Mr. Goguen moved to recommend the appointment of Mr. Thomas to the Commission. Second by Mr. Hruby. Carried unanimously, 8 -0. C. Proposal to Adopt the Workforce Housing Stimulus Program Chairman Kelly stated formal adoption was necessary for the concepts and ideas in the Workforce Housing Stimulus Program to work in conjunction with the efforts of the Subcommittee. Mr. Goguen moved to formally bring the EDC'.s Program into the Commission's work program to consider these ideas as the Commission structures the best way to approach Ordinances that comprehensively address the Workforce Housing needs of Collier County. Second by Mr. Warnken. Carried unanimously, 8 -0. 7. Next Meeting — December 13, 2007. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:00 PM. Collier County Affordable Housing Commission Ken Kelly, Chairman These Minutes were approved by the Board /Committee Chair on as presented , or as amended 1611 A Memorandum To: Board of County Commissioners Sue Filson, Executive Manager From: Ana Diaz, Operations Coordinator Housing and Human Services Date: 01/11108 Subject: Affordable Housing Commission Minutes Attached you will find the minutes of the Affordable Housing Commission meeting of J.� RZrti ! �-'T'o? Please sign below acknowledging a copy of said minutes and return this form for our records. Signed Title Print Name Date Department of Housing And Human Services Fiala Halas Henn Coyle Colet W1 , December 13, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY AFFORDABLE HOUSING COMMIMSSION Naples, Florida, December 13, 2007 LET IT BE REMEMBERED, that the Collier County Affordable Housing Commission in and for the County of Collier, having conducted business herein, met on this date at 1:30 P.M. in REGULAR SESSION in Conference Room 4610 in the Collier County Community Development and Environmental Services Center, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Ken Kelly Vice - Chair: Steve Hruby John Barlow Cormac Giblin Brian Goguen James Pusateri Fred Thomas (Excused) James Warnken Sally Masters - Alternate ALSO PRESENT: Marcy Krumbine, Director of Housing & Human Services Ana Diaz, Housing & Human Services Margo Castorena, Grants Operation Manager Barbara Garrett, Housing & Human Services Misc. Comes: Date: ;tem #: --_. to December 13, 2007 1. Call to Order 16 11 A The meeting was called to order by Chairman Ken Kelly at 1:30 PM. 2. Introduction of Commission Members and Staff A quorum was established. 3. Approval of Commission Minutes - November 8, 2007 The following corrections were noted: (a) Barbara Garrett did not attend the November 8`h meeting; (b) Page 4, Mr. Barlow's first name is John, not James. Mr. Pusateri moved to approve the Minutes of the Meeting of November 8, 2007 as amended. Second by Mr. Hruby. Carried unanimously, 8 -0. 4. Approval of Agenda Mr. Hruby moved to approve the Agenda. Second by Mr. Pusateri. Carried unanimously, 8 -0. Chairman Kelly advised audience members if they wished to comment on any of the Action Items, they were required to complete a "Speaker Slip" in order to be recognized and heard. 5. Information Items A. Subcommittee Update — Steve Hruby Mr. Hruby stated the topics of the Subcommittee meeting were Developer Incentives and Compliance. Developer Incentives: A draft of the resolution regarding Developer Incentives was reviewed. It was the consensus of the Subcommittee that it was fairly confusing. A developer may apply for an Impact Fee Waiver, but it is not mandatory. Compliance: Discussion concerned to when requirements were triggered and what developers were required to submit. • The next Subcommittee meeting will be held at the Housing and Human Services Offices at 3050 N. Horseshoe Drive at 9:30 AM on Wednesday, December 19`h • Chairman Kelly encouraged all Commission members to attend this meeting. B. Open Position — Marcy Krumbine Ms. Krumbine stated there is one open seat which was assigned to the City of Naples and the City is responsible for recommending an individual to the BCC for approval and appointment. Margo Castorena was introduced as the new Grants Operation Manager. C. AHC Recommendations Chairman Kelly noted the Commission was scheduled to make a presentation to the Board of County Commissioners in January, 2008. (Choice of 01/15 or 01/29) Ms. Krumbine stated the presentation concerned the four items for decision regarding Impact Fee deferrals. She stated the recommendations have been written and would be presented to the members for their review during the course of the meeting. (y�7 D. Changes in Statutes — Marcy Krumbine December 13, 2 1 1 A Ms. Krumbine stated direction was given to not create any additional after- the -fact refunds and an application form has been devised that a developer is required to complete before paying an Impact Fee. She referred to previous problems with a certain developer who paid permit fees without having an qualified applicant at that time, and then waited to request a refund when an approved owner was found for the house, which could be up to two year's later. The deferral was then created in the owner- occupant's name without going through the actual process. All deferrals are now to be approved by the BCC. Speaker Bill Klohn, MDG Capital, pointed out previous attempts to pre -sell units had not been successful. The process would not work for multi - family units. Brian Goguen stated if a developer pre -paid for deferrals, he is taking a risk that money may not be available to refund when a qualified owner - occupant is found for a unit. Ms. Krumbine stated she has requested assistance from the County's Legal staff. She stated during the last Legislative session, changes were made to the Statute which created the Affordable Housing Commission on the State level: • Number of members was increased from 9 to 11, additional members will be added, • It specified the content of the formal report to be made, • Statute was specific about the members of the Board — eleven different categories were taken into consideration — did the members represent these categories, • The changes in the Ordinance will be presented to the BCC. She stated these issues will be brought before the Commission after a legal opinion has been obtained. C. AHC Recommendations Ms. Krumbine distributed a document entitled, "Summary of Recommendations for Changes to the Impact Fee Deferral Program" to the Commission Members. She stated the BCC has approved the Commission's Recommendation One. The members suggested referencing Recommendation One in the language of Recommendation Two. In Recommendation Four, the word "fund" was stricken and the phrase "source of revenue" was substituted. Mr. Hruby moved to accept the Recommendations as amended Second by Mr. Pusateri. Carried unanimously, 8 -0. 6. Action Items A. Bembridge RFP John Barlow and Jim Wrath volunteered to serve on the Review Committee. Mr. Giblin moved to approve. Second by Mr. Hruby. Carried unanimously, 8 -0. B. Proposed LDC Amendment to Affordable Housing Density Bonus Agreement — Cormac Giblin stated the proposed change was proposed by a private concern to allow both "Gap" and "Workforce" housing units to be provided as affordable rental housing. Decembe1'6'1 A The density bonus program in the LDC currently does not allow employers to provide housing options for their employees because the housing is required to be owner - occupied. Discussion ensued. Members stated the tables were very confusing and complicated and the percentages were inconsistent. The issue of monitoring was raised along with verification of incomes of the tenants and who would assure there was compliance with the standards. Mr. Hruby suggested that if an employer is allowed to build /own units to be rented to its employees, it should also be responsible for monitoring of compliance. He stated there should be some flexibility built in so that, in the case of a raise, a family would not be forced to move out without first being able to secure another place to live. Mr. Giblin stated the County would hold the employer liable for compliance monitoring and the client had already agreed to adhere to all County requirements. Catherine Fabacher, Principal Planner, LDC, stated the next LDC cycle will start in the spring and run from April through October 2008. Mr. Pusateri moved to endorse the private petition. Second by Ms. Masters. Motion carried 6 -1. Mr. Barlow was opposed. Cormac Giblin abstained from voting due to conflict of interest. 7. Next Meeting — January 10, 2008. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:15 PM. Collier County Affordable Housing Commission Ken Kelly, Chairman These Minutes were approved by the Board /Committee Chair on p .0,00 b , as presented yC , or as amended Fiala Y AFFORDABLE HOUSING COMMISSION SUB COMMITTEE MEETING Halal —J �8A0 N Horseshoe Drive — CDES Building — Room 610 Hel 1 Thursday November 14, 2007 @ 9:30 am John Barlow X Ken Kelly X James Pusateri X Cormac Giblin X Steve Hruby X Brian Goguen X Jim Warnken X Sally Masters X Staff: Housing & Grants Marcy Krumbine X Barbara Garrett X Ana Diaz X County Commissioner: Jim Coletta Staff: CDES: County Attorney's Office Additional Individuals Present: Stuart Warshauer 1. Call to Order /Roll Call by Steven Hruby C X • Quorum was present. r • Introductions around the room. New members and new staff 2. Introductions of Commission members and staff 3. Approval of the minutes • Motion to approve the September minutes by James Pusateri, seconded by Cormac Giblin. Motion carried. 4. Approval of the agenda 5. Review of Inclusionary Zoning Policy and Discussion (continues from prior meeting) • The AHC sub committee has requested a cumulative version of the draft Inclusionary Zoning ordinance with the strike outs and additions be completed for the next meeting. Misc. Cones: • 11.01.05- Paragraph E was revised by Cormac Giblin summarized and (� ' reviewed in detail. Date: • 11.01.05 -E2 Lien —This item was revised read a Fee In -Lieu RAR&445- instead of 1.5. to 1611 A • 11.01.05 -E4 Monitoring -the Annual Monitoring Report by the Owner /Developer will be forwarded to the Housing and Human Services Department, not as part of the PUD Monitoring Report, 11.01.05 -E5 Default was revised to read a rate of 1.25 on the day of default. • 11.01.05 -F was revised to read: "10% median sale value with cap from previous calendar year that is reset every January' • 11.01.05 -G was revised to read Affordable Workforce Housing OR Multi Family Rental Units. 11.01.05 -1 was revised to read that the construction of the required Inclusionary Units shall commence on or before the date the contributing development receives Certificates of Occupancy for more than 25% not 35% of its total dwelling units. The Certificates of Occupancy for Market Rate units was revised to 90% removing the 75 %.cap. • 11.02.01 -A was revised to replace" may" with "shall' regarding the entitlement to a 10% increase in allowable density. 6. Discussion on Legislative Study— Montgomery County Affordable Housing Program • Tabled until the next meeting for further review by Board Members. 7. Response to Commissioner Fiala — MDG Capital Corporation (Bill Klohn) • Item #3 - AHC accepted MDG Fountain Lakes as a CWHIP application. However, it was specified that they would have to apply in the normal process with no preference for SHIP funds. • Item #4 was recommended by AHC per the original direction of the AHC general Board Meeting October 17, 2007. The meeting was adjourned at 11:25AM. Next Sub - Committee Meeting November 28, 2007 - 9:30AM - Room 609 CDES Approved and submitted: Stephen Hruby Vice - Chairman r _. AFFORDABLE HOUSING COMMISSION � SUB COMMITTEE MEETING nniml - rle 2800 N Horseshoe Drive — CDES Building — Room 610 ::,Oyle KKK////// _ _., ..__._. Wednesday, November 28, 2007 @ 9:30 am C,,Olett - - 16 ROLL CALL ABSENT PRESENT John Barlow X Ken Kelly X James Pusateri X Cormac Giblin X Steve Hruby X Brian Goguen X Jim Warnken X Staff: Housina & Grants Marcy Krumbine X Barbara Garrett X Ana Diaz X County Commissioner: Jim Coletta X Staff: CDES: County Attorney's Office X 1. Call to Order /Roll Call by Steven Hruby @ 9:40 am. • Quorum was present. • Introductions of guests 2. Introductions of Commission members and staff 3. Approval of Past Minutes I1 A • Motion to approve the September minutes by Steve Hruby, seconded by Ken Kelly. Motion carried. 4. Approval of the Agenda • Motion to approve the agenda by Ken Kelly. Seconded by Brian Goguen. Motion carried. 5. Review of Inclusionary Zoning Policy and Discussion (continued from prior meeting) • Discussion and review of the information provided by Marla RarplWCarrdsher comments and additions to the current Inclusionary Policy Revisions D, 1; Date: • Additional Changes and Revisions as follows: Item "spies to 1611 A • Page (2) Item G should say: "Current data reflects that the median home price in Collier County is greater than the median income a family of four (4) can afford to pay for a home ". • Page (5) 11.01.02 Affordable — Workforce Housing the income should be "up to 150V of the Median Income. • Page (11) 11.01.05.G on the second line; "the owner /developer may provide 1.5" should be (1) one instead of 1.5. • Page (12) 11.02.01.A — Should read: "Any Contributing providing Inclusionary Units pursuant to this Chapter shall be entitled to an Affordable Housing Density Bonus. To qualify for this bonus, the Applicant must apply for this bonus based upon the guidelines as outlined in LDC 2.06.00 ". • Page (12) 11.02.01.A.01 - Eliminated • Page (12) 11.02.01.A.02- Eliminated • Page (13) 11.02.01.A.03 — Eliminated • Page (13) 11.02.01.A.04 — Eliminated • Page (13) 11.02.01.A.05 — Eliminated • Page (14) 11.02.01.A.06 — Eliminated • Page (15) 11.02.01.A.07 — Eliminated • Page (15) 11.02.01.0 — Eliminated • Page (15) 11.03.01 — "The inclusionary Housing Plan must include' — Should say: " The inclusionary Housing Plan for each phase must include: • Page (16) 11.03.01.05 — Eliminated • Page (16) 11.03.01.6 — In the last sentence the phrase for each phase will be added. Will read: "The Inclusionary Housing Agreement for each phase must Include:" • Page (17) 11.03.01.6.07 —The words " Inclusionary" and "if any" were eliminate from the sentence. • Page (17) 11.03.02 — adding a # 4. Proof of Legal Status • Changes to be incorporated into the current document and provided to all sub- committee members with changes and additions. 6. Discussion on Legislative Study- Montgomery County Affordable Housing Program • Commission will review on their own the information contained in this document and report back to committee on any possible changes or additions to the current working document. 7. Follow up on Meeting Dates and Timeline • Next meeting December 19, 2007 9:30AM at the 3050 N Horseshoe Office Suite 110 — Conference Room The meeting was adjourned at 11:22 AM mitted: Next Sub - Committee Meeting TBD 1611 A 161 tale - w 1 A a Hales AGENDA — Henning Revises a Coyle COLLfRI IN G COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JANUARY 17, 2008, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC 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 CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE 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. Misc. Codes: 1. PLEDGE OF ALLEGIANCE n Date:_ 2. ROLL CALL BY SECRETARY Item #: 3. ADDENDA TO THE AGENDA ��- 0i2Y to 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES— NOVEMBER 28, 2007, LDC MEETING; DECEMBER 6, 2007 REGULAR MEETING 6. BCC REPORT - RECAPS —DECEMBER 4, 2007, SCHOOL CONCURRENCY AMENDMENT TRANSMITTAL HEARING 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS (NOTE: Items 9 -A & B, CONSENT AGENDA ITEMS to be heard prior to 8 -A) A. Petition: PUDA - 2006 -AR- 10176, Craig T. Bouchard, manager of Tennis Realty LLC, represented by Michael Fernandez of Planning Development Inc., is requesting an amendment to the Naples Bath and Tennis Club PUD to revise the site development plan approval process for the transient lodging facilities accessory use and adding development standards for transient lodging facilities, by amending the development plan cover page; by amending Section 11, Project Development, Subsection 2.3.B.; by amending Section IV, Tract B: Recreational Club Development, Subsection 4.3.13.3); by amending Section IX. Development Standards, adding Section 9.12, Transportation Improvements and any other stipulations or regulations that may result from the amendment process pertaining to transient lodging facility units within the 20f acre Tract B of the 153.7 acre project. The subject property is located on the west side of Airport - Pulling Road, between Pine Ridge Road and Golden Gate Parkway in Section 14, Township 49S, Range 25E, Collier County, Florida. (Coordinator: Kay Deselem) Fiala Hatas RECEIVED Henning _ -- Coyle ecember 19, 2007 1RN 1 20L1g Co�etta t° _ _ n fGOUntY CONSCRIPT OF THE MEETING OF THE b ! N a° 6LLIER COUNTY CONTRACTOR LICENSING BOARD Naples, Florida December 19, 2007 LET IT BE REMEMBERED, that the Collier County Contractor Licensing Board, in and for the County of Collier, having conducted business herein, met on this date at 10:30 a.m. in REGULAR SESSION in Community Development and Environmental Services, Room 609/610, 2800 Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Les Dickson Michael Boyd Syd Blum Eric Guite' Glenn Herriman Lee Horn Richard Joslin Ann Keller William Lewis (Absent) ALSO PRESENT: Robert Zachary, Assistant County Attorney Patrick Neale, Attorney for the CLB Board Michael Ossorio, Contractor Licensing Supervisor Tom Bartoe, Collier County Licensing & Comp4 ,Officer Date Page 1 aem #: V� DeclPer'l J 2004 CHAIRMAN DICKSON: I'd like to call to order the meeting of the Collier County contractor licensing board, December 19th, 2007. Anyone who would like to file an appeal on any decisions rendered here today will need a verbatim record of the proceedings, which is being taken. I'd like to start first with roll call to my right. Mr. Blum? MR. BLUM: Syd Blum. MR. HERRIMAN: Glenn Herriman. MS. KELLER: Ann Keller. CHAIRMAN DICKSON: Les Dickson. MR. JOSLIN: Richard Joslin. MR. GUITE': Eric Guite'. CHAIRMAN DICKSON: And Lee Horn is present. Good morning. Mr. Bartoe, any additions or deletions to the minutes? MR. BARTOE: Good morning. For the record, I'm Tom Bartoe, Collier County Licensing Compliance Officer. Staff has one addition to put under new business. Mr. James King requests to be licensed with a federal tax lien. Mr. Ossorio advised me that Mr. King does have copies that he can give everyone. And staff has no other additions or deletions. But under new business, one correction. The one name reads Julio A. Serranco. There's no C in that, from everything I've been able to read. It's Serrano, not Serranco. And staff has no other additions or deletions. CHAIRMAN DICKSON: Do I hear a motion to approve the agenda as amended? MR. BLUM: Move to accept. MR. JOSLIN: Joslin, second. CHAIRMAN DICKSON: All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. Page 2 MR. GUITE': Aye. MS. KELLER: Aye. CHAIRMAN DICKSON: Aye. MR. BLUM: Aye. MR. HERRIMAN: Aye. December 19, 2007 1611 A MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? Done. Minutes. The minutes from the last meeting. I need an approval of those. MR. BLUM: Move to approve the minutes as submitted. MR. HERRIMAN: Second, Herriman. CHAIRMAN DICKSON: All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. GUITE': Aye. MS. KELLER: Aye. CHAIRMAN DICKSON: Aye. MR. BLUM: Aye. MR. HERRIMAN: Aye. MR. HORN: Aye. Any opposed? (No response.) CHAIRMAN DICKSON: So done. Discussion. Lisa, you're -- we're starting off with you. Good morning. MS. KOEHLER: Good morning, how are you? CHAIRMAN DICKSON: Good. Lisa Koehler. MS. KOEHLER: Yes. And for the record, you need my name. Lisa Koehler, Public Information Coordinator. And you guys really don't have to be so nice to Mike. He's pretty tough. He can take it, even though he's not feeling so well. So you don't have to be so nice to him today. Page 3 December 19, 2007 MR. JOSLIN: Glad you told me that. 16 11 A MS. KOEHLER: You have in your packet the flier that we've created. And we've used this before. Looks like this. You have the black and white version. We intend to send out in utility bills for Collier County customers, City of Naples, City of Marco utility customers, totaling 67,000 folks, in the January, February and March billing cycles, depending on the cycle that we can jump into. For Collier County, they will be going out in the January cycle. It's a great time of year. We've got our maximum amount of residents visiting. It's a great opportunity for us to educate folks about selecting the correct contractor, using our staff to make sure that they make the best choices for themselves. So we wanted to get your approval on this as well, make sure, you know, you approve that. And if there's any changes you'd like to see, we have time to make those before they need to go out. So just looking for your approval this morning. CI IAIRMAN DICKSON: I have a question for you. MS. KOEHLER: Yes, sir. CHAIRMAN DICKSON: Can we make a change and still get it done? MS. KOEHLER: Absolutely. Absolutely. We have two weeks before these have to go out. CHAIRMAN DICKSON: Your very first item, contractor displays only a business tax receipt, that law was changed 16 months ago but our tax collector made a mistake and all of the occupational licenses for 2007 -2008 still say occupational license. MR. NEALE: I just got mine for -- and it said business tax receipt. CHAIRMAN DICKSON: Yeah, but I can show you mine and it says occupational license. MR. JOSLIN: Mine, too. Page 4 16J1 A December 19, 2007 CHAIRMAN DICKSON: Because the ones that were done for the contractor still say occupational license. And that was an error from the tax collector's office. MS. KOEHLER: So you want me to add occupational license as well as business tax receipt, since we've got two of them? CHAIRMAN DICKSON: Well, contractors -- none of the contractors are going to say business tax receipt for this year. It's going to say occupational license. MS. KOEHLER: Okay. CHAIRMAN DICKSON: So I need to address occupational license. They finally got it right, but too late. Okay? MS. KOEHLER: Okay, sure. MS. KELLER: Lisa, I had a comment on this, too. On the third exclamation point, it says a large down payment of deposit before work begins. And I think it would be really helpful if we can put the exact terms or the regulations that are required. Because then it's -- you know, it's not just telling them that you can't ask for a large amount. But we actually have -- we can specify exactly what they are required by law to do. And I think that's one question that people are always asking me -- MR. BLUM: Constantly. MS. KOEHLER: Is how much I should be -- MS. KELLER: How much do I need to put down. MR. BLUM: Can you suggest an appropriate amount? Ten percent, 20, no more than "X" amount of percentage? Is that possible? CHAIRMAN DICKSON: You want me to give you that state statute? MS. KELLER: That's in the statute. MS. KOEHLER: Mike, do you have that? CHAIRMAN DICKSON: I've got it. MR. OSSORIO: We have it here. Mr. Chairman, for the record, Mike Ossorio, Collier County Contractor Licensing. Page 5 December 19, 2007 This is a government document. I know if you wadi I'kJw says 10 percent or must start work within 30 days or otherwise specified. I don't know if you want county government to mandate to homeowners that contractors only give (sic) 10 percent. There's not many contractors only take 10 percent. Because of circumstances, building permits take more than 30 days or 60 days. It specifies it must be 10 percent or start work within 30 days or must specify in the contract. I don't know if we want to put ourselves out there and let the, you know, 67,000 people out there says, well, don't -- you know, if a contractor asks more than 10 percent then don't do it. I don't think we want to get into that. MR. BLUM: Can we say something in the order of it is recommended that initial deposits don't exceed more than, pick a number, 20, 25, 30, give enough latitude where the contractor and the homeowner should be comfortable? Because what I'm seeing is most of these contractors are looking for 50 percent, and we know that that's -- MR. OSSORIO: Some do. I mean, shutter companies, you have pool contractors do more than 10 percent. You have, you know, the aluminum contractors out there take more than 10 percent. And they specify in the contract. So -- MS. KOEHLER: And as long as they specify in the contract, then it's okay; is that correct? MR. BLUM: If the homeowner agrees to it. MS. KELLER: No, it's not. Because we had people that had contracts that were in violation of the state law -- MR. BLUM: Ann, you've got to speak into the mic. MS. KELLER: -- that we ended up having them coming before us, and that was one of the issues that we've had. So I don't know -- MS. KOEHLER: As Mike and I were going through that, that was one of the things we were talking about is what's going to be confusing to our residents as they read this and working with the contractors. So '._- . Decv*er� 1 19�, 2007 Lo A we can certainly put the law in there, but is it going to be clear for everybody? CHAIRMAN DICKSON: Well, we also can't legislate common sense. Like the one case we had $38,000 on a $50,000 contract. And which by the way he put it in my name instead of the company name. So there has to be common sense. I don't like the one next to it, below that. I request money during early phases of construction when I bring in material and do work, but I don't request deposits. So really, I just don't like that statement. MR. OSSORIO: Well, I think what they're saying, Mr. Chairman, is that early phase of construction, in other words, they're not due a draw. And I'll work on that. In other words, if you give them a deposit and then in midstream they require more money, even though it's not part of the contract. And that happens often. Some homeowners do give more money than they should. And I'll work on that with Lisa. MS. KELLER: What about saying something about how you have the right to pay the supplier directly? Is that possible, or is that -- do you guys not like -- MR. BLUM: You don't want to do that. CHAIRMAN DICKSON: You don't want to go there. MR. GUITE': There's a lot of suppliers that won't deal with a homeowner at all. MS. KELLER: Right. MR. BLUM: Can we put some kind of recommended language as far as the percentage of deposit? MS. KOEHLER: What the deposit should be? MR. BLUM: Yeah, pick a number that's kind of comfortable but less than half. MS. KOEHLER: Well, what do you guys feel we should be telling the public? MR. BLUM: I personally would recommend no more than 30 percent. That would be my personal feeling. I' December 19, 2007 MR. JOSLIN: I don't know. Someone that sits on the6lice� in board and deals with contractors all the time that take deposits, I don't think it's really our position to be able to dictate how much a contractor requires for a -- MR. BLUM: Well, it's not our position, it's theirs. MR. JOSLIN: -- contract. MR. BLUM: We're recommending to them the language. MR. JOSLIN: We're recommending language, but we're -- MS. KOEHLER: And quite honestly, that's why we went -- MR. JOSLIN: -- we're adopting. THE COURT REPORTER: Excuse me, could you speak one at a time, please. MS. KOEHLER: Quite honestly, that is why we went with the vague language of just saying beware of a large down payment. What's large to one person isn't going to be large to another person. But we didn't -- we were going through the same struggles as you guys are right now with should we do the 10 percent, 20 percent, should we just sort of stay out of their business and just say if they're asking for a large sum of money, it's a warning sign. Doesn't mean you shouldn't hire them, but it's just one of those warnings. So that was why we went with the vague language. But, you know, whatever you guys would like to do, we will certainly -- MR. JOSLIN: I'd be more prone to agree to a vague language than I would to try to dictate some kind of a percentage to any contractors out here that are doing work. I mean, you're going to find deposits all over the place. Now, I could understand taking three - quarters or almost all of your money up front. There's no doubt, the light should come on. But some contractors do require deposits to pay for materials because there's maybe a lot of overhead costs that are going to happen with that job. And then like Les said, along with the job as the job proceeds there are other costs which I do draws -- I'll be honest with you, I do draws as it December 19, 2007 11 progresses. And that's the only way it works. I've been oiling tl$s f* 30 years in Naples, and I don't have a problem. MR. BLUM: Okay. MR. JOSLIN: I mean, if you do the work correctly and you are licensed, there shouldn't be a problem. MR. NEALE: I would suggest to the board that that would be appropriate. The only way I would address the statutory language is to be fairly specific. Because the statute says you can take as large a deposit as you want, but if you do, then there's certain things you have to do within a certain period of time. MR. JOSLIN: Exactly. MR. NEALE: Get the permit, work commence and so forth, so -- MR. JOSLIN: Exactly. CHAIRMAN DICKSON: Rather than -- let me ask you this: What's your drop -dead date on this? MS. KOEHLER: We need to send those to the printer next -- I believe next Thursday. CHAIRMAN DICKSON: Thursday? Okay. How about if I and anyone else on the board who wants to meet with you, we do that between now and -- wow, that's close. MS. KOEHLER: Yeah, with the holiday. CHAIRMAN DICKSON: Because I don't have time to do this in this meeting today, because I have other issues with some of the other things as well. MS. KOEHLER: Okay. CHAIRMAN DICKSON: I'd like to sit down and talk with you. Does anyone else want to join me? MR. JOSLIN: Yes, I would. MS. KELLER: I think we should delay it and do it in the January meeting. CHAIRMAN DICKSON: Chairman and vice - chairman will meet with you, is that okay with the board? And we'll go through these December 19, 2007 before it goes out. And we'll meet with you, if not Thursda o §JriJay, will be Wednesday. MS. KOEHLER: Okay, that would be fine. CHAIRMAN DICKSON: That would be all right? MS. KOEHLER: Yeah. And are there any others that you want us to start working on or think about? CHAIRMAN DICKSON: Why don't we just work it out -- MS. KOEHLER: Okay. CHAIRMAN DICKSON: -- between the three of us? Is that okay, Mike? MR. OSSORIO: That's fine with me, sure. CHAIRMAN DICKSON: And you'd be involved in that as well? MR. OSSORIO: Excellent. CHAIRMAN DICKSON: I'm going to lose a quorum here in about two hours -- MS. KOEHLER: I understand. CHAIRMAN DICKSON: -- so I've got to move. MS. KOEHLER: Okay, very good. CHAIRMAN DICKSON: But I'll get an e -mail out to you today. MR. NEALE: What I would suggest, and Mr. Zachary just brought it up, and it's probably a good issue is that it probably -- if you're going to have a meeting outside of this meeting, it should -- CHAIRMAN DICKSON: Oh, Sunshine. MR. NEALE: -- only be one of you because of Sunshine issues. If the two of you are there, there may be a Sunshine Law concern, and we should be -- MR. JOSLIN: Could it be like a workshop where we're going to try to work the details out? MS. KOEHLER: Can we work on it with the chairman and then send an e -mail -- MR. NEALE: That would be fine. MS. KOEHLER: -- out and say this is the final draft? Page 10 December 19, 2007 CHAIRMAN DICKSON: Great. 161 1 A MR. OSSORIO: Fine with me. CHAIRMAN DICKSON: That means we'll meet tomorrow or Friday. MS. KOEHLER: Tomorrow would be better for me. CHAIRMAN DICKSON: Is that okay, Mr. Neale and Mr. Zachary? MR. NEALE: Yeah. MR. ZACHARY: I think that's right. CHAIRMAN DICKSON: Thank you, Lisa. And I'm sorry to cut you short. It's just it's a lot of stuff today. MS. KOEHLER: That's all right, you guys have a very busy agenda. CHAIRMAN DICKSON: Dane Horstead? MR. HORSTEAD: Yes. CHAIRMAN DICKSON: Dane, if you'll state your name and I'll have you sworn in, sir. MR. HORSTEAD: Dane Douglas Horstead. (Witness was duly sworn.) CHAIRMAN DICKSON: I have no idea why you're on the agenda, so you tell me. MR. HORSTEAD: Well, I had several issues I wanted to discuss. One of them being fees. I think there were some computer glitches five years ago with the county computers. I got a billing approximately the middle of last month for a job inspection for hurricane shutters that was performed in January of 2002. The statute of limitations has expired on that. CHAIRMAN DICKSON: Let me ask you something right off the bat. Did you close out your permit? Did you C.O. it? MR. HORSTEAD: Yes. CHAIRMAN DICKSON: Okay. MR. JOSLIN: Did you pay all the fines or fees that were due, if Page 11 December 19, 2007 there was -- 1611 A MR. HORSTEAD: That's been paid, but I paid it under protest. CHAIRMAN DICKSON: Okay. MR. JOSLIN: Are you required to pull a survey when it's all finished, the job is finished, showing that new installation? MR. HORSTEAD: A survey, I'm not sure I follow your -- MR. OSSORIO: Mr. Dickson, for the record, Michael Ossorio, Collier County Contractor Licensing. I'll speak on his behalf. We are in the process -- the building department, we are in the process of renewing our efforts on our computer glitches, as Mr. Horstead stated, and we are contacting several thousand contractors about their outstanding building permits. And it's our position that if you pull a building permit within Collier County, we need to make sure we get it closed out for the consumer, which is our customers. And we are in the process of doing that. When you close out a building department, there are fees owed. And to close out some permits you have to pay fees. This gentleman pulled a building permit several years ago and it's for shutter installation which doesn't require a survey. But unfortunately he did fail an inspection, and when you do a reinspection there are some fees with that. And we asked Mr. Horstead to go ahead and close out his building permit. He did. And then wanted to at least communicate to the board that he wasn't happy. So this is just an informative discussion to put on the record that he is particularly -- not particularly happy about paying these fees, and that was about it. MR. HORSTEAD: I did not fail the inspection. The inspector never showed up. CHAIRMAN DICKSON: We're talking one? MR. HORSTEAD: I phoned in for a second inspection, because the first one didn't show up. And consequently when I got the billing Page 12 December 19, 2007 five years later, or almost five years later, I was told I was billed Tor aA second inspection, which I knew nothing about. MR. JOSLIN: I think probably what you're referring to is you got the letter in the mail saying that you were going to have your license suspended if you didn't close out this permit and such goes on, right? MR. HORSTEAD: Yes, sir. I paid that. MR. JOSLIN: There are many contractors in town that have gotten that same letter. And I believe if you go down to the -- into the other office and see -- I can't remember the lady's name in there at the moment, but I had to do the same thing as a pool contractor. I had, I don't know, maybe five or six permits that were back to '89, '87, and they're trying to just clean these up. And I think it would be a very simple process, if you go in there and see them, they'll take care of it, and it's not a really big deal. MR. HORSTEAD: I'm not worried about the $150. That's not the issue. I have been talking with county commissioners, as well as some of the other folks here at the permitting department and such about the statutes that apply to hurricane shutters. The Florida statute specifically says that the shutters shall be approved without further evaluation. The statutes have a built -in glossary. Evaluation is not defined. However, Merriam Webster and the American Heritage dictionary define an evaluation as an inspection or examination. The statute specifically -- CHAIRMAN DICKSON: So what -- let me stop -- whoa, whoa, whoa, stop, stop. Because I don't need quotes from dictionaries, I'm sorry. What is your complaint? You want to protest the $150 and that's it? MR. HORSTEAD: Well, yeah, it's in support of the $150, but that really is not my complaint. The complaint is the -- CHAIRMAN DICKSON: Be specific on your complaint. MR. HORSTEAD: -- fact the statute is being ignored. Page 13 December 19, 2007 CHAIRMAN DICKSON: What's being ignored? 1611 A MR. HORSTEAD: The statute. It says the shutters shall be permitted, the license shall be issued without further examination. MR. JOSLIN: Okay, I'm a little concerned -- MR. HORSTEAD: This has already been to the county's attorney, Mr. Klatzkow, I believe his name is, in which he has replied that I am correct. And then he goes on to say, however, I believe -- and I cut him off at that point. His belief has absolutely nothing to do with the statute. CHAIRMAN DICKSON: Comment, Mr. Ossorio? MR. OSSORIO: Yeah, thank you. For the record, Mike Ossorio. I just wanted -- I don't think we should -- Mr. Horstead wanted to go ahead and voice his concern. He did so. I think we should move on. We do have a big agenda. I'll leave it at that. MR. JOSLIN: It's not that we're trying to cut you off, but I think you're in the wrong department, actually, for your complaint and for what you're trying to have done. Because this is a licensing board. We control licenses, we don't control permit fees and permitting and all that. MR. HORSTEAD: Well, I assumed that this was concern, being the original issue was the $150 fee, which was beyond the statute of limitations. MR. JOSLIN: Right. Again, though, but that $150 fee did not come from this board. We didn't fine you because of that. Collier County fined you because of that, or permitting did that. So I think that you're speaking to the wrong people. MR. HORSTEAD: Well -- CHAIRMAN DICKSON: Thank you, Mr. Horstead. MR. HORSTEAD: -- I came where I was told to come, so -- CHAIRMAN DICKSON: Okay, thank you. Four -year review of BOCC. MR. OSSORIO: Good morning, Mr. Chairman. This is a -- you and I discussed, the Board of County Commissioners every four years Page 14 December 19, 2007 wants to know what the licensing board is doing. 1611 A CHAIRMAN DICKSON: Yes, sir. MR. OSSORIO: Especially in'07. And Tom Bartoe and myself, we completed it. I did send you the rough draft and have a copy here. And I just want to go ahead and give this to you and then you can review it at your leisure and we can discuss it in January's meeting. This has to be turned in by January 31 st of '08. So we do have some time. And with that, I'll just go ahead and pass it out. CHAIRMAN DICKSON: Okay. And this is the one that we go to in March? MR. BARTOE: Yes. CHAIRMAN DICKSON: Okay. MR. BARTOE: You are the one supposed to be there, sir. CHAIRMAN DICKSON: Yeah. Yeah, I've done that before. MR. BARTOE: To answer any and all questions. CHAIRMAN DICKSON: New business. Stacie Rosen, are you present? MS. ROSEN: Yes. CHAIRMAN DICKSON: Stacie, if you would, come up to the podium. I'll have you sworn in. State your name, please. MS. ROSEN: Stacie Rosen. (Speaker was duly sworn.) CHAIRMAN DICKSON: Good morning to you. MS. ROSEN: Good morning. CHAIRMAN DICKSON: And this is Classic Floors, correct? MS. ROSEN: Yes. CHAIRMAN DICKSON: And what you're wanting to do is review your experience, affidavits. Let me ask you this: Usually when we see this, someone -- we usually call someone to verify an experience affidavit and they didn't know anything about it; is that correct? MS. ROSEN: No, actually, Mr. Ossorio didn't get to that point. When the conversation he and I had, he said what I was doing would Page 15 December 19, 2007 not qualify for experience. Shall I explain to you how -- 1611 A CHAIRMAN DICKSON: Yeah, go right ahead. MS. ROSEN: We have a flooring store. We supply material, wood, carpet, et cetera. We've have numerous gentlemen that are already licensed wanting to come and install for us. We were told that Classic Floors had to hold the license. We couldn't hire licensed guys to do the work. So for the past three plus years I've been helping guys that my husband knows through the business to learn the proper procedure, the proper waterproofing, et cetera, to get the license and to be able to give them work when customers come to us and want to buy flooring, carpeting or whatever, and give the jobs to them, should they want them. We don't want to hire in -house people that are not experienced to do the work. We sort of I guess want to farm it out, if you will. So that's why I'm here. CHAIRMAN DICKSON: In other words, the nasty dirty word, subcontracting. MS. ROSEN: Yeah, the two guys that are already licensed themselves. A lot of guys have been slow, they're not getting work, they don't have store fronts. We have a 3,000 plus foot showroom and warehouse and offices, so they're coming to us. And if we get jobs that customer want to have installation as well, we refer them to these different companies, because we can't do the work ourselves under one contract. CHAIRMAN DICKSON: Okay. And Michael, you want to chime in on this one? MR. OSSORIO: Sure. I just have one question. Mrs. Rosen, how long have you been in the floor business? MS. ROSEN: It's a little over three years. Like three years and two months. MR. OSSORIO: And in your business, do you have tile and Page 16 December 19, 2007 marble do you sell or just wood flooring? 1611 MS. ROSEN: Tile, marble, wood and carpet. MR. OSSORIO: Mr. Chairman, I make a -- we have no objection of Mrs. Rosen getting a license today. She's going to be getting two licenses: One would be tile and marble, the other would be floor covering. Her experience letters were somewhat ambiguous, and I assumed we should bring it to the board, but after hearing testimony today I think we should go ahead and approve the license. I have no objection. CHAIRMAN DICKSON: Do I have to act, Mr. Neale, or can I let it just go? County's pulling it back. MR. NEALE: Since it's already here -- you know, since it's already been recommended to the board, you can -- you should act. But can accept it. MS. KELLER: I just have one question. On your Experian credit report it says your current employer is Weigold Air Conditioning. MS. ROSEN: That was back in like'91 I worked for -- MS. KELLER: And Dixie Plumbing. MS. ROSEN: Yeah. MS. KELLER: You should update that. MS. ROSEN: I -- actually I have. Because there were a few things on there that shouldn't have been. CHAIRMAN DICKSON: So you worked for Butch? MS. ROSEN: I love Butch and Mary. CHAIRMAN DICKSON: Good man. MS. ROSEN: Wonderful people to work for. CHAIRMAN DICKSON: Good people. MS. ROSEN: Aboveboard and always honest. MR. JOSLIN: If that's the case, I'll make the motion that we approve the license for Stacie Rosen. CHAIRMAN DICKSON: I'll second it. Page 17 December 19, 2007 Discussion? 1611 A (No response.) CHAIRMAN DICKSON: All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. GUITE': Aye. MS. KELLER: Aye. CHAIRMAN DICKSON: Aye. MR. BLUM: Aye. MR. HERRIMAN: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: Congratulations. By the way, though, even though you're here, you can't go around the corner -- and this applies to all of you -- because all of your stuff is in here. If you go see Maggie, she can't help you today. MS. ROSEN: I'll wait to get the phone call. CHAIRMAN DICKSON: Okay. MS. ROSEN: Thank you. Have a nice Christmas. Do I need to stay for the whole meeting for everybody? CHAIRMAN DICKSON: No, you're done. You're done. MS. ROSEN: Thank you. CHAIRMAN DICKSON: Welcome. Do well. MS. ROSEN: Absolutely. CHAIRMAN DICKSON: Frederick Haas, are you here? MR. HAAS: Yes, I am. CHAIRMAN DICKSON: If you'd do the same thing. MR. HAAS: I'm Frederick Haas with Complete Lawn Care and Landscaping. And -- CHAIRMAN DICKSON: I need to have you sworn in. (Speaker was duly sworn.) December 19, 2007 CHAIRMAN DICKSON: Go ahead. 1611 A MR. HAAS: I had an issue that came up. I've been in business for almost nine years, and it was a situation where I got called in to the office and they came in and said I had one resident -- it's my first one in nine years -- that had a problem with his lawn. And they reviewed it and everything and said, well, there's no cause at this point, but we do have a situation with your license that we're noticing. And they said your license had been canceled. And I said, canceled? But I have my license, I have -- it's on the wall in my office and so on. And my wife took care of it and so on. And they said, no, what you have is an occupational license, you don't have a regular license. So it was very confusing. I'll back it up. Back in 2005 I was in an automobile accident on wonderful Immokalee Road there, sitting at a stoplight and got rear - ended. And make a long story short, I've had two back operations, I've had a shoulder operation and blood clots, got an operation for that. So I was in the hospital most of the time in and out for the different operations. My wife had taken care of the accounting and the licensing and so on. So as I explained to Mr. Mike Ossorio, I believe it is, and I explained to him I think what happened was that when the card or whatever comes in the mail for the licensing and that came through, my wife probably looked at the board and said oh, we have our license, because it does say occupational license and so on, and disregarded it. We've never disregarded any of them. It's always been paid and always taken care of. I told Mr. Ossorio about that and he says, well, it doesn't matter what the case is, maybe your wife should go ahead and pay the fine. I didn't appreciate that comment to begin with on that scenario. But that's why I'm here. It's a situation where I was in the hospital for most of the time and probably at that time. I've always paid the licensing, and I'm not about Page 19 December 19, 2007 to lose a license for a $72.00 fee. And I explained that tcl(kkld h says, well, there's nothing I can do. You'll just have to pay it or come to the hearing and stuff and let them hear your situation. And he says, don't wish on it, because we never usually vote in that favor of it, doesn't matter what the scenario is. And I do have proof and stuff. In fact, my case is still being handled by Morgan and Morgan. Like I said, it's a situation where -- and then I noticed -- The other thing was I noticed that the license was changed to business tax. I questioned Mr. Ossorio on that and asked why did they change it? He said, well, that's something that's been in the works for some time to change it. It was very confusing to a lot of us contractors and a lot of them out there. All these years when clients would ask me for copies of my license, I've been giving them the occupational license, because that's what it says on the top, it says occupational license. And that's what we've been going by, not just a little business card that shows anything, because it shows your employees and everything else. That was what I was under. And I apologize for that, but that's -- and I'm making that correction now so that my new customers know that. So that's basically where I am now. I'm just asking that this council here would go ahead and just waive that fee and this is a warning or whatever that I can go on. I run a good Christian business and I intend on having everything all up aboveboard. And I'm glad this was brought to my attention in this scenario, because I believe at the end of this year I would have actually have lost my license completely. And I was even showed in the office there that there's a stack about three inches thick of cards that either they can't get ahold of people or people have not responded. And I think, as I made the suggestion to Mr. Ossorio, is to maybe put a little ad in the paper, a little square box paper and notifying them Page 20 December 19, 2007 of the change in the license on the top of the license, and _1sJ JaJng A disclaimer telling them what the license actually is, it's separate from the other one. And he said, well, you should know that. But dumbfounded, my wife didn't know that. And this may solve a lot of other problems with other people having that same problem. CHAIRMAN DICKSON: I'm sorry you had your problems. I don't know of anyone else who's had that serious a problem. But when you got your license, did you have to take a business and law test? MR. HAAS: Yes. CHAIRMAN DICKSON: Okay. And that's all explained in there. MR. JOSLIN: On your license also, isn't there an expiration date on your license? MR. HAAS: Yes, there is. And that's what -- MR. JOSLIN: That's what you go by, right? MR. HAAS: It was paid every year except for this year. And that's why I said I believe what happened was -- and it's my wife's fault or my fault or so on because of it. But being in the hospital I didn't know that this was happening at that time. I thought it was all taken care of because on the -- CHAIRMAN DICKSON: How long's it been? MR. HAAS: It happened I guess sometime in 2006. And I went and when we got the occupational license we renewed it and so on. Never had any notice or anything else on it that there was the other -- or notice of saying that, you know, your license is going to be revoked or taken away or whatever since then. So I didn't know anything about it because I believed my wife had taken care of it at that time. CHAIRMAN DICKSON: See, the system really did work, because we caught you before your license was terminated. And you obviously read your mail. But we have a lot of people that don't even read mail. We have people that don't open mail. But the system did work, because it caught you before you had to go retest. And those mandates come down by state law. So there's not a Page 21 December 19, 2007 whole lot you can do about it. 16 11 A But in your case, when you think the system didn't work, it did work. You just had to pay a $72.00 extra fee to keep from having to take that test again. I would be grateful. MR. HAAS: I understand that. I'm just grateful basically that maybe I had the first complaint that it came up. Because I would not have gotten anything from this system here notified about it, other than I didn't have a license anymore. MS. KELLER: Other than the expiration on your license -- MR. JOSLIN: Exactly. MS. KELLER: -- which tells you -- which we all have expirations on our passports. I have a financial business and I know when my occupational license expires for that. I mean, it's just part of doing business. MR. BLUM: And that is your livelihood and it's something that no matter what. I mean, this is just a no- brainer, my friend. MR. JOSLIN: I respect your comments and your thoughts, but I don't think that you're going to persuade myself to delete the citation that you got. You'll have to pay the fine. MR. BLUM: Can I ask the board here, I see a citation that's $300. What's that all about? In that the gentleman's paperwork. Under options, I choose to pay 300. What is that all about? MR. BOYD: That's what he's contesting. MR. JOSLIN: That's what he's contesting. MR. BLUM: I though it was 72. CHAIRMAN DICKSON: What happened to 72 -- MR. JOSLIN: No, 72 is to redo the license, because you didn't pay the fee. MR. HAAS: The citation was given to me after the complaint was made after we went and got it all done. In the office when I sat there then he said, oh, I have to give you a fine for that now, instead of just notifying me to get the license set up right away to cover the situation Page 22 Dece b�r 19, 2007 1 A and all. They wrote me out the citation right then and there in the office and so on. MR. BLUM: So you're liable for the 72 plus the 300? MR. HAAS: I already had paid the 72. My license is all -- MR. BLUM: So 300 is pending? MR. HAAS: The 300 is what I was asking to be waived on because of the fact that I didn't know. MS. KELLER: I didn't get that either. MR. BLUM: Okay, got it. CHAIRMAN DICKSON: Do we have to give one in a situation like this, Michael? MR. OSSORIO: You can find him in violation and make the citation zero, as far as I'm concerned, Mr. Neale, or you can uphold the citation and make a zero amount. It's up to the board's discretion. I appreciate Mr. Haas's statements referencing, but our office is probably -- we try to be consistent in how we conduct our business. And he probably should appreciate that anyone that didn't renew their license or have their license canceled gets the citation. So we try to be consistent. And I have made statements in the past that when they ask my personal opinion referencing the board and how the board feels, I let them know that the board really hasn't waived any fees. But I encourage every applicant or every citation person that wants to go in front of the licensing board, and I encourage that. MR. NEALE: I would like to make one point, though. The statute provides that the board, if they find the citation valid and the person in violation, that the board may order the violator to pay a civil penalty of not less than the amount set forth on the citation and not more than $1,000. So the minimum amount, if you find the citation to be valid, that he can pay is $300. MR. BLUM: The citation is valid, there's no question. So I'm going to make a motion in the -- for brevity. I feel that we Page 23 December 19, 2007 have to deny the application's petition. 1611 A MS. KELLER: Second, Keller. MR. JOSLIN: I'll second the motion. I'm not sure the wording of the motion, though. Denying the citation? MR. NEALE: Denying the appeal. MR. BLUM: Well, I'm denying the appeal I guess is what you -- MR. JOSLIN: Denying the appeal, okay. I'll second that, yes. CHAIRMAN DICKSON: Discussion? (No response.) CHAIRMAN DICKSON: I'm going to vote against it, only because I think the 300 is excessive. MR. BLUM: Well, you don't have a choice, though. That's what the statute calls for. I would agree with you -- CHAIRMAN DICKSON: Well, I can vote against it. MR. NEALE: You can vote against it, but -- MR. BLUM: Yeah. CHAIRMAN DICKSON: I can vote, yeah. MR. BLUM: If we could lower the amount, I'd be in favor of doing that for -- CHAIRMAN DICKSON: We can't lower the amount, we have to do away with it, right? MR. JOSLIN: I just think that being that this is a televised meeting, if we start allowing people to appeal these citations when they're given, and they are valid citations, we're going to end up with more people coming in here when Mike Ossorio and his crew go out and give these citations. So -- MR. BLUM: We've -- MS. KELLER: They -- CHAIRMAN DICKSON: One at a time. MS. KELLER: -- check their expiration dates on the calendar. MR. BLUM: The citation is valid, there's no question. MR. JOSLIN: There's no question. Page 24 December 19, 2007 1611 A MR. BLUM: So unfortunately I think our hands are tied here. CHAIRMAN DICKSON: Okay, call for the vote. MR. BOYD: Did you not do the citation because of a customer complaint? MR. HAAS: The citation was given to me after the customer complaint and the complaint was brought, and then they said there was no justification on their end with the customer's complaint, and they have no bearings whatsoever. But when they checked the licensing on it, that's when it came up. Otherwise, like I said, it was also sort of a blessing in disguise there the fact that this came up, because I could be out of business real soon without it. And it was just very confusing, because I said, wait a minute, I have my license. And I went back to the house and then I noticed that. What was the reason why they changed it from occupational license to business tax on the top? CHAIRMAN DICKSON: Well, there was a lot of confusion everywhere. And it wasn't so much contractors, just to be honest with you, it was confusion with the general public. They thought that meant license. And people would show them that and that would satisfy their inquiry. So that was the main reason. MR. HAAS: This is what I was saying, that my wife when I was in the hospital -- CHAIRMAN DICKSON: I know. MR. HAAS: -- and so on took it as that. And that's what I'm saying, the situation I had that's -- CHAIRMAN DICKSON: But that's all repeating. We've said that before. MR. HAAS: I understand. MR. GUITF: When did your license expire? MR. HAAS: I believe in 2006. But I didn't -- in 2006 would have been the last license. Just this last license that goes into 2007. And I Page 25 December 19, 2007 was in the accident in 2005. And that's why most of 2001hd1pl, OA 2007 I've been pretty much in and out of these hospitals. And that's why when they looked at it, my wife looked at it and probably disregarded the thing, oh, no -- MR. BLUM: We've heard all this. MR. HAAS: -- the license is here because it says occupational license on the wall. CHAIRMAN DICKSON: Okay, I've got a motion -- MR. BLUM: This is -- CHAIRMAN DICKSON: -- I've got -- whoa, control. I've got a motion, I've got a second. I'm going to call for the vote. All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MS. KELLER: Aye. MR. BLUM: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? Aye. MR. HERRIMAN: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Three. Okay, sorry. The citation sticks. So you'll have to get that paid. Chalk it up to a business experience. I wish you well. MR. HAAS: Thank you anyway. CHAIRMAN DICKSON: Did you get the three that were opposed? THE COURT REPORTER: Yes. CHAIRMAN DICKSON: Okay. Kenneth Carter, are you present? MR. CARTER: Yes, I am. CHAIRMAN DICKSON: Yes, sir, if you would, come over, state Page 26 December 19, 2007 your name, I'll have you sworn in. 1611 A MR. CARTER: Hello, I'm Kenneth Carter with Carter Fence Company. (Speaker was duly sworn.) CHAIRMAN DICKSON: What are you doing? MR. CARTER: What am I doing? CHAIRMAN DICKSON: Yeah. MR. CARTER: Splitting the rental fence company off of the main fence company because of tax reasons. CHAIRMAN DICKSON: I know this man and I know his company. I've known him for a long time. MR. JOSLIN: Well, you're not alone. I've known him -- CHAIRMAN DICKSON: He's a pleasure -- MR. JOSLIN: -- close to 30 years. CHAIRMAN DICKSON: -- to do business with. MS. KELLER: Me, too. CHAIRMAN DICKSON: So you're well liked on this board already. MR. BLUM: Maybe you want to make a motion right now? MR. JOSLIN: I will. MR. BLUM: Make a motion. MR. JOSLIN: I'll make the motion we approve his application to start his rental company, as long as he doesn't make over a million the first year. CHAIRMAN DICKSON: Tell me what you're doing, Ken. Let's make this formal. You're splitting out a new company to do what? MR. CARTER: Well, to give out some shares to employees, as well as to -- for tax reasons, because the rental business is a little different than a fence business as far as how you tax and sales tax and that kind of stuff. So originally the company didn't start out to go anywhere. It got big, and now we start having to collect sales tax. So to comply, that's Page 27 1611 A December 19, 2007 why we're splitting it off into its own business. Primarily that is the reason. CHAIRMAN DICKSON: Michael, you have -- does county have any objections? MR. OSSORIO: No objections. And it actually looks pretty nice. It's a good application. MS. KELLER: I've never seen such a good presentation. And I like my fence, too. MR. CARTER: Well, the gal in the office went over and above. I know she's a little overzealous on the forms there. When I saw it she had a back break trying to get them out the door. MR. BLUM: That's fairly unique. MS. KELLER: She should start a job -- start a business doing this for contractors. CHAIRMAN DICKSON: Well, I'll tell you what, his work is in the same category. MR. CARTER: Thanks, Les. MR. JOSLIN: That's because he's not doing it, though. CHAIRMAN DICKSON: That's probably true. MR. JOSLIN: I still make the motion to approve it. MR. BLUM: Second. CHAIRMAN DICKSON: I second it. Discussion? (No response.) CHAIRMAN DICKSON: All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. GUITE': Aye. MS. KELLER: Aye. CHAIRMAN DICKSON: Aye. MR. BLUM: Aye. MR. HERRIMAN: Aye. Dec�j�e � 19 MR. HORN: Aye. �6 A CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: Have a nice Christmas. MR. CARTER: Merry Christmas, all. MR. OSSORIO: Mr. Chairman, I just want to bring your attention to Case No. 2007 -12 d /b /a Custom Floors Solution. The county is going to withdraw that case, so we won't be hearing that case today. We're going to delete it from the agenda. 2007 -12. CHAIRMAN DICKSON: You know, that's the first time it's been a two -page agenda, too. Matthew Cook, come on up. I'm just dying one of these times to go, come on down. State your name, please. MR. COOK: Matthew Cook. CHAIRMAN DICKSON: Have you sworn in. (Speaker was duly sworn.) CHAIRMAN DICKSON: Okay, tell us what you're doing. MR. COOK: I wish to qualify second entity. CHAIRMAN DICKSON: And why? MR. COOK: And why? Because the previous qualifier is retiring, and I already do subcontract work for them and they needed a qualifier, so I said if I was able to I'd qualify them. MR. JOSLIN: What type of subcontract work do you do for them? MR. COOK: Pool repairs. MR. JOSLIN: And you have your own license? MR. COOK: Yes. MR. JOSLIN: What kind of license is it. MR. COOK: It's a residential pool contracting. MR. JOSLIN: To build swimming pools or just -- MR. COOK: Yes, Class B. Page 29 MR. JOSLIN: Class B. MR. COOK: Yes. December 19, 2007 1611 A MR. JOSLIN: You do realize then you will not be able to work on commercial pools? THE COURT REPORTER: Mr. Joslin, could you repeat that question, please? MR. JOSLIN: You have a residential license, correct? MR. COOK: Yes. MR. JOSLIN: You do realize you're not going to be able to work on commercial swimming pools. MR. COOK: Yeah, to fix them, yes. MR. OSSORIO: Mr. Joslin, but he could clean the pools, am I correct? MR. JOSLIN: No. He needs to have a maintenance license. MR. COOK: I thought a Class B license covered all the maintenance licenses also. MR. JOSLIN: A Class B contractor's license you can -- yes, I'm sorry, I misunderstood. Yes, you can maintain a pool, right, or construct them, if you have the contractor's license. But not a commercial pool. MR. COOK: Yeah, I can't work on commercial equipment. CHAIRMAN DICKSON: Do you have the packet in front of you? Grab your packet. Grab your packet. Turn to the fourth page. That letter from Java Rush, LLC, do you see it? MR. COOK: The letter? CHAIRMAN DICKSON: Says to whom it may concern, dated October 11th. It's the fourth page in. Might be the fifth on yours, I don't know. MR. COOK: Yes. CHAIRMAN DICKSON: Java Rush, LLC Unlimited, Sun West Pool Techs. Used to be qualified through Douglas Short. But the next line, paragraph, due to the retirement of the above mentioned qualifier, is now going to be qualifier. December 19, 2007 1611 And then we go to -- where's this one, the very next one? I on't A have the same one you do. Do you realize that? MS. KELLER: You don't? CHAIRMAN DICKSON: Now, there's another one -- oh, here it is. Go on in, and you'll see another letter, Java Rush -- I wish these were numbered. It's going to be about number 10 or 11, somewhere in there. Also dated the same date, October the 11th, 2007. Do you find it? MR. COOK: Yes. CHAIRMAN DICKSON: Okay. The previous qualifier has been paid a fixed salary rate of $500 a month for qualifying our enterprise. Each payment has been made through bill payment the 1 st of every month. And they gave us documentation of it. Do you realize that's a violation of state law? That's called renting your license. MR. COOK: That's not me. CHAIRMAN DICKSON: Well, I just want to make sure. I'm glad the other guy retired. MR. COOK: That's why they asked me to -- CHAIRMAN DICKSON: And I want to know how you're going to get paid. MR. COOK: That's why I was going to qualify them, because they were going to I believe pay me to work under my license and then I could supervise the jobs that they did. CHAIRMAN DICKSON: Okay, are they going to pay you extra? MR. BLUM: He said I believe. Is that the terms of your deal, that you will actually be on -site, you will be supervising -- MR. COOK: Yes. MR. BLUM: -- you will be -- you'll be there in person? MR. COOK: Yes. I was on a job they did -- you know, I assist the other repair guy that they have with the repairs. CHAIRMAN DICKSON: Okay. But do you realize that that's in Page 31 December 19, 2007 violation of state law? 1611 q MR. COOK: Just to pay him and not have him there? CHAIRMAN DICKSON: For renting your license -- MR. COOK: Yes. CHAIRMAN DICKSON: -- selling your -- and it's grounds for you to lose your license on the spot. So don't ever do that. MR. COOK: No, I know -- CHAIRMAN DICKSON: I can't believe they put that in writing. It's kind of like the inspectors, investigators have kind of seen it, kind of gives them a heads up, they start looking for things like that, okay? MR. COOK: Yeah. CHAIRMAN DICKSON: And that was in a packet. MR. BARTOE: I have a question. CHAIRMAN DICKSON: Mr. Bartoe? MR. BARTOE: Maggie put a note on my packet, says, Tom, don't know what this company name is supposed to be. And current license is Colonial Pool Repair, LLC. I sort of wonder myself why does a new business need what appears to be three names? It says name of -- first page, name of business to be qualified, Java Rush, LLC, d/b /a Pool Service, Unlimited /Sun West Pool Techs. CHAIRMAN DICKSON: Can you answer that? MR. COOK: Sun West Pool Techs was bought by Pool Service Unlimited. That was Doug Short's company. Now that he's retiring, I believe they're retiring the name Sun West Pool Techs and they're going to go by Pool Service Unlimited solely. MR. JOSLIN: Something just doesn't make sense here. Doesn't sound right. I don't know why, it doesn't sound right. CHAIRMAN DICKSON: Mr. Neale? MR. NEALE: Yes. CHAIRMAN DICKSON: Can you kind of help us out, see Page 32 December 19, 2007 through the smoke? 1611 A MR. NEALE: I can understand what they're -- what I believe he's saying is that the one company had purchased the other and is going to be retiring the name of that company that it acquired. But it's going to trade on that goodwill for a period of time I guess and then eventually let the customers know. MR. JOSLIN: I just have a feeling -- I don't know why, but I have this feeling that because of this letter that Java Rush wrote, basically stating that they pay a fixed salary of $500 for qualifying his business, I have a feeling that this is going to be the same interim. MR. COOK: I can assure you that's -- MR. BLUM: Obviously Java Rush doesn't have any clue that that's not the thing to do. MR. JOSLIN: Obviously. MR. NEALE: Well, Java Rush I think is just the corporate name that they incorporated under. I mean, I have a number of clients that they've incorporated under, you know, Joe's Company, and then they d/b /a as whatever. So the d /b /a is really the important thing of what they're operating under. And Pool Service Unlimited I guess is the name that you bill under -- they bill under and so forth, right? CHAIRMAN DICKSON: Well, if you go to the Florida Department Division of Corporation sheet in here, you have fictitious names of Pool Service Unlimited and Sun West Pool Techs. And the owner of those fictitious names is Java Rush, LLC. MR. NEALE: Right. MR. JOSLIN: Java Rush is the corporate and the two -- MR. NEALE: Java Rush is the corporate and the corporation owns those d/b /a's, owns those fictitious names. MR. JOSLIN: In the letter, though, it states that Java Rush, the letterhead states that they were the ones paying the $500 fixed rate, whatever, for qualifying that business. Page 33 December 19, 2007 MR. NEALE: They may still do their banking under Jlavaa Rush. I A mean, that certainly could be -- you know. CHAIRMAN DICKSON: Okay, looks all right. Anybody else have -- you got anything else? MR. BLUM: No. CHAIRMAN DICKSON: I'll make a motion to approve. I feel like I'm on an island. MR. JOSLIN: By yourself. MR. BLUM: I second it only because I guess we kind of sort of have to. Because we don't know what this gentleman's going to do, and past performance really shouldn't cloud our judgment of this application. But there certainly are misgivings, yes. So I'll second your motion, Mr. Chairman. CHAIRMAN DICKSON: Well, and that's my whole thing -- MR. BLUM: Reluctantly. CHAIRMAN DICKSON: -- this gentleman here has no complaints, he's qualifying a second entity. County has no problem with it. If anything goes wrong, you're the one that loses your license. MR. COOK: That's why I work on the jobs, to make sure everything is done right, you know, and not to be in violation of renting my license out. That's why I sit on -- you know, I'm on the jobs making sure everything is done, you know, and checking on them periodically. CHAIRMAN DICKSON: And you know if you ever qualify a company and they start pulling shady activities, you can pull that qualification real quick by walking into this office, and it's done and that saves your license. MR. COOK: Yes, I'm aware of that. MR. BLUM: Are you going to be salaried? A salary person, you working by the hour, you get a percentage of profits, what? MR. COOK: Salary. MR. BLUM: Salary. Page 34 December 19, 2007 MR. COOK: Yes. 16 11 A MR. BLUM: It wouldn't have to be $500, would it? MR. COOK: That's -- we'd have to discuss that with Java Rush. MR. BLUM: I was being facetious. CHAIRMAN DICKSON: I don't think you could live on that anyway. I've got a motion and a second. Any more discussion? (No response.) CHAIRMAN DICKSON: Call for the vote. All those in favor? MR. BOYD: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. MR. BLUM: Aye. MR. LEWIS: Aye. MR. HERRIMAN: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? MR. JOSLIN: Aye. MS. KELLER: Aye. CHAIRMAN DICKSON: One, two. You're approved, but you've got to wait till tomorrow to get your paperwork done. We wish you well. CHAIRMAN DICKSON: Julio Serrano. Good morning, sir. If you'd state your name, I'll have you sworn in. MR. SERRANO: Julio Serrano. S- E- R- R- A -N -O. (Speaker was duly sworn.) CHAIRMAN DICKSON: Okay. So your license went inactive and you wanted to reinstate without taking the exams; is that correct? MR. YOVANOVICH: Yes, sir. CHAIRMAN DICKSON: Give us a background. You're -- what we're kind of looking for is your experience and why it went inactive. Okay? Page 35 December 19, 2007 MR. SERRANO: Can I ask the board a favor? Cant lae ly A wife present? CHAIRMAN DICKSON: Sure. MRS. SERRANO: Thank you. CHAIRMAN DICKSON: I'll have to have her sworn in as well. State your name, please, ma'am. MRS. SERRANO: Carmen Serrano. (Speaker was duly sworn.) CHAIRMAN DICKSON: Do you wish for her to speak for you? MR. SERRANO: Yes, please. CHAIRMAN DICKSON: Because of the language? That's fine. Pull the microphone down a little bit. And with you standing there, everything she says is going to be with your approval, unless you make some motion and object; is that okay? Mr. Neale, need I do more? MR. NEALE: No, that's fine. CHAIRMAN DICKSON: Okay, go ahead. MRS. SERRANO: Yes, back in 2003 we sold our business, which was Gulf Breeze Pool Service. At that time I had called the county to put the license in dormant to drop off the name Gulf Breeze Pools because we were no longer in service. Somehow it was a misunderstanding. I had thought that the DBPR was the actual license holder, not knowing that it's Collier County. So the license went null. And we're requesting right now, because we would like to start up a business again. My husband was working for Centex Homes and was laid off, and we would like to continue doing the pool service and to see if it could be activated. I realize that we didn't pay for those two or three years. If there's fees and penalties, we would be more than happy to pay. MR. JOSLIN: Have you taken any continuing education since? Page 36 December 19, 2007 MR. SERRANO: Yes, I have. 161 1 A MR. JOSLIN: Just for the record, I know this gentleman personally. In fact, I've done work on his pool years ago and some people that he recommended to me, so he is an upstanding person as far as his business goes. CHAIRMAN DICKSON: What is the continuing education requirement for pools? MR. JOSLIN: Fourteen hours per year. Every -- MR. SERRANO: Fourteen hours of -- sorry. It's 14 hours of continuing education. CHAIRMAN DICKSON: And you've done that every two years? MR. SERRANO: Yes, sir, I have. MR. BLUM: When did this go in inactive and when did you find out? MR. JOSLIN: I only have one other question and this is another question that is kind of off the wall, but you stated that you worked for Centex Homes doing their pool -- MR. SERRANO: Oh, sorry. I was the Centex Pool and Spa warranty manager. MR. JOSLIN: Pool and spa warranty manager. MR. SERRANO: Yes. MR. JOSLIN: So you in a sense were working through Centex Homes but you were still doing swimming pools? MR. SERRANO: What I was doing was making sure that the homeowners that requested, you know, warranty issues in the pools. Sc I took those requests, sent it to the designated subs to repair the problems. MR. JOSLIN: I got you, okay. So you weren't actually physically doing the work yourself, you were just handling the motions getting it done. MR. SERRANO: Yes, correct. MR. JOSLIN: Okay. Page 37 December 19, 2007 CHAIRMAN DICKSON: What was your question again. n Q sorry. MR. BLUM: When did your license actually go inactive? What was the date? MRS. SERRANO: 2005. MR. BLUM: '05. So you renewed it faithfully from -- MRS. SERRANO: From'93, since we started our business. MR. BLUM: To '05. MRS. SERRANO: Right. MR. BLUM: Somehow you forgot about it in '05? MRS. SERRANO: Again, I had called to have the license dormant, but somehow I misunderstood -- MR. BLUM: Oh, you made it dormant in'05. MRS. SERRANO: Yes, sir. MR. BLUM: Then you found out just recently that -- MRS. SERRANO: Just recently. MR. BLUM: -- it's been inactive for -- and you haven't paid it for two years then? MRS. SERRANO: Right. We had continued to pay the DBPR, as well. He continued with his education, so we thought everything was current. MR. BARTOE: Mr. Blum, to remain dormant you still have to pay the fee for the license every year. MR. BLUM: I just wanted to know it was two years, not one year. Yeah, thank you. MR. JOSLIN: It's a smaller amount I think, as far as dollars and cents goes, but you still have to pay it. CHAIRMAN DICKSON: Does the county have a comment? MR. OSSORIO: For the record, Mike Ossorio, Collier County Contracting Licensing. Due to the fact that he has continued his education, we have proof of that in your packet, we recommend that you waive his testing and he ME December 19, 2007 can apply for a license. His credit looks good. MR. BLUM: That's -- I was feeling that way anyway Michael. I would -- CHAIRMAN DICKSON: Is that a motion? MR. BLUM: -- make a motion then to approve. MR. JOSLIN: I'll second. CHAIRMAN DICKSON: Discussion? (No response.) CHAIRMAN DICKSON: All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. GUITE': Aye. MS. KELLER: Aye. CHAIRMAN DICKSON: Aye. MR. BLUM: Aye. MR. HERRIMAN: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: Merry Christmas. MRS. SERRANO: Thank you, same to you. MR. SERRANO: Thank you very much. CHAIRMAN DICKSON: Robert Steele? MR. STEELE: Here. 16 11 Xj , Thanks, CHAIRMAN DICKSON: Again, I'll have you state your name and have you sworn in. MR. STEELE: Robert Steele. (Speaker was duly sworn.) CHAIRMAN DICKSON: You're probably going boy, I hope mine goes that easy. Tell us. December 19, 2007 MR. STEELE: Okay. I was licensed I believe her�tcYr Ut A years in Collier County as an aluminum contractor. I believe it was from '98 to 2003. At that time, about a year previous I bought out a business partner that kind of run me into the ground. I took out a second mortgage, all that, trying to save the company. But had an identity theft. Just destroyed me and put the company out of business. I paid all the -- took care of all my customers, finished the jobs or returned deposits, paid all my workers, but ended up filing Chapter Seven on the company because of an identity theft. CHAIRMAN DICKSON: When was that? MR. STEELE: When was that? December, 2003 is when it was finalized. I basically, being totally broke personally and business -wise at that point I kept my Lee County license going but put -- I filed the papers to go inactive in Collier but apparently didn't have some paperwork right or something and it didn't go through. This year I decided -- I just bought a business opportunity called Scenic Screens where I bought the territory of Collier, so I tried to reactivate the license, and that's when I found out that I was not inactive like I thought and that the time frame had worn out and I would need to take the test again. I was hoping to avoid that. I have been state registered all this time and have been taking the continuing education every two years, and never had a complaint on my license in Collier County. Always done well, and I still think I'd be an asset. I just -- you know, if there's fines, I understand that. But I don't believe it serves anybody's purpose for me to take that beginning test again. MR. BLUM: When was the last time you were tested? MR. STEELE: Tested for -- MR. BLUM: The test that you don't want to take, when's the last time you took it? Page 40 DecemY�e�19, 2007 MR. STEELE: It was probably 1997 when I first got lic1enseld.l MS. KELLER: 11/97. CHAIRMAN DICKSON: County? MS. KELLER: 82 and 84 were his scores. MR. OSSORIO: You're asking county's recommendation? CHAIRMAN DICKSON: Yeah, just seeing if there's anything more. Any complaints, any problems? MR. OSSORIO: No, we haven't had any complaints. I don't -- he stated the fact that he did his continuing education, we just don't have that in the packet. I recommend the licensing board -- we should recommend that we waive his trades exam. But I think he should take the business procedure test since he did have problems financially. MR. BLUM: I feel the same way. MR. OSSORIO: But that's up to the board. CHAIRMAN DICKSON: Yeah, and you're a smart guy. That's an easy test. MR. STEELE: That was due to an identity theft. I mean, they -- CHAIRMAN DICKSON: I understand. MR. STEELE: -- my account was just cleaned out by somebody. CHAIRMAN DICKSON: But you have to understand also, a lot of things that we have to do on this board is because of other people that will follow you. You follow me? The problem we've got here, this is -- we're talking four years. MR. STEELE: I thought I was inactive. I thought I -- I mean, I did turn the inactive papers in, but -- CHAIRMAN DICKSON: Yeah, a lot of people mess that up because they don't realize they have to keep paying to stay inactive. If you just drop off the face of the earth, it's over with, it's done for. MR. OSSORIO: We sent him notice the end of'04. Obviously you can see in your packet, he did stop by the office for his letter January'05. January'04 he doesn't want to qualify the company Page 41 1611 A December 19, 2007 anymore. So we did send him a five -by -seven card at the end of that September, so -- MR. STEELE: That may have been true. It was a pretty hectic time. CHAIRMAN DICKSON: Well, the bankruptcy we can all appreciate. That could happen to any of us. Anyone that's been in business for any period of time knows how fragile it is. Especially in this economy. So I don't think that will hold you up, business and law, because we use Experian, but we also use Gainesville Testing, and they're doing testing every two weeks, if not every week. MR. OSSORIO: Every day. CHAIRMAN DICKSON: Every day? Oh, wow. And you're smart enough to whip that out real quick. MR. BLUM: I'll make a motion. CHAIRMAN DICKSON: Go for it. MR. BLUM: I'll make a motion that -- Mr. Steele, is it? MR. STEELE: Steele? MR. BLUM: -- Steele take the business law exam and we'll waive any other requirements to reinstate his license. MR. JOSLIN: I'll second that motion. CHAIRMAN DICKSON: Discussion? (No response.) CHAIRMAN DICKSON: All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. GUITE': Aye. MS. KELLER: Aye. CHAIRMAN DICKSON: Aye. MR. BLUM: Aye. MR. HERRIMAN: Aye. MR. HORN: Aye. Page 42 December 19, 2007 CHAIRMAN DICKSON: Opposed? 1611 A (No response.) CHAIRMAN DICKSON: See, we didn't make you take the trade test, so that will save you studying and books. MR. STEELE: That will give me the aluminum structural license by taking the business law then? CHAIRMAN DICKSON: Yeah, what you had before. MR. JOSLIN: What you had before. CHAIRMAN DICKSON: What you had before. MR. OSSORIO: He would have an aluminum with concrete. MR. BLUM: He did say he's been active in business and working, right? He's still in the trade continuously, yes? MR. STEELE: Yes. CHAIRMAN DICKSON: Wish you will. Get with -- you could stop while you're here and check with the girls in licensing. They can give you the schedule for Gainesville Testing. You can get that done before Christmas. All right, wish you well. Antonio leradi? If you would, state your name, now that I've got you on the microphone, and I'll have you sworn in. MR. IERADL• Yes, Antonio Claret Ieradi. C- L- A- R -E -T. (Speaker was duly sworn.) CHAIRMAN DICKSON: And you got a problem with your credit report. Tell us about it. MR. IERADL: Well, I had a problem. I had to refinance my house to put in the business. The business almost -- you know, went too slow and I couldn't make the payments. I am arranging with the banks, two banks for short sale of the houses. CHAIRMAN DICKSON: I'm having a little trouble, can you -- you might want to tilt that thing up a little bit. There, get a little closer to it. Page 43 1611 A December 19, 2007 So you're -- right now you've got your regular loan and -- MR. IERADL• And another loan. CHAIRMAN DICKSON: -- equity line? MR. IERADI: I was going to open an office there. But when the construction business, you know, stopped, I almost -- so now I'm qualifying Penetra Floor Covering. MR. BLUM: Maybe Michael can cast some -- MR. OSSORIO: Well, under the ordinance it specifies if the contractor licensing supervisor is unable to make a decision on his license, if he has question -- and obviously we have question -- about his credit, it gets forwarded to the licensing board. I have no objection for this gentleman receiving a license. However, I would caution, if it's the licensing board's request that we put him on a three -month probation, he'll bring his credit back in to indeed see if it has improved with his ability to pay his creditors. MR. BLUM: Do you think three months is enough time, Michael, to get a history? MR. OSSORIO: Three months should be sufficient. CHAIRMAN DICKSON: Where's the house? MR. IERADI: One in Cape Coral and one in Ocala. CHAIRMAN DICKSON: Two? MR. IERADI: Yes, two houses, yes. I refinanced one in Cape Coral to -- because I was opening an office in Ocala. So I purchased there. CHAIRMAN DICKSON: Well, that's the only one that's showing bad reports, isn't it? MR. IERADI: Yes, it is. CHAIRMAN DICKSON: You guys looking at the same thing I am? clean. MR. HERRIMAN: Yeah, just the mortgage. CHAIRMAN DICKSON: The two mortgages. Everything else is December 19, 2007 MR. BLUM: Those two mortgages are going to affl a�ilityA to -- CHAIRMAN DICKSON: Yeah, I know. MR. BLUM: I'd be inclined to follow Mr. Ossorio's recommendation for a 90 -day probation and we'll review his credit report and see if the status is improved. MR. JOSLIN: I think I would go one step further and just for the -- I don't know, I think I would do with six months and keep an eye on him. This is something could go in a different direction with floor covering. MR. BLUM: Well, we know how bad things are getting, and they're not getting any better, so -- MR. JOSLIN: Right. MR. BLUM: That's a good idea. Six months? MR. GUITE': I agree. MR. JOSLIN: I would think six months. CHAIRMAN DICKSON: Think you could make it? MR. IERADI: Well, it depends. It's a short sale. You know, the amount of houses in the market today, but -- CHAIRMAN DICKSON: Short sale is another word for -- MR. IERADI• -- I appreciate anything you give it to me. CHAIRMAN DICKSON: Short sale is another word for deed in lieu of foreclosure? MR. IERADI: Yes. MR. BLUM: Yeah. MR. IERADI: Yes, it is. CHAIRMAN DICKSON: for the deficit. Which you're going to be responsible MR. IERADI: Absolutely, absolutely. MR. BLUM: Not if the bank accepts that, you know. CHAIRMAN DICKSON: I've had them. MR. BLUM: I have, too. Page 45 16"! e1 2007 MR. JOSLIN: I doubt if they will. �� 1! CHAIRMAN DICKSON: Well, the bank isn't going to accept that. And it will stay on your credit report for as long as the bankruptcy will. MR. IERADI: That's correct, sir. MR. BLUM: The new law out there that looks like it's going to go is if the bank goes to the foreclosure sale and does the $100 thing and takes the property back, what a lot of them are doing, that will now absolve you of that obligation to make the difference in the market value and the foreclosure price. That's the latest thing out there and it looks pretty interesting to happen. CHAIRMAN DICKSON: I didn't know you were from Boston. I never knew that. Only Boston people go lar (phonetic). A new lar. MR. BLUM: Law. CHAIRMAN DICKSON: There you go. So what's -- have I got a motion? MR. JOSLIN: Yeah, I'll make the motion to approve. MR. BLUM: For six months? MR. JOSLIN: With the stipulation that we monitor his credit for a six -month period. MR. BLUM: You'll have to make reports to Mr. Ossorio. He's going to stay on top of this. It's going to be kind of another obligation for our overworked staff. MR. OSSORIO: We'll just have to red flag it and then he'll have to come forward. I recommend we do a three -month -- MR. JOSLIN: Maybe every three months, right. MS. KELLER: I think -- I mean, the credit in this instance is definitely the issue. But I think that in being a consumer that I would be very concerned that the money that I'm giving in down payments for work that you would be doing would go where it was supposed to go. So that's just my two cents. MR. IERADL• Well, all my bills are being paid for -- December 19, 2007 MS. KELLER: Keep them separate and don't -- 1611 A MR. IERADI: Yeah, that's the -- the only problem I'm having really is the mortgage. MS. KELLER: Yeah. So don't make it more complicated. MR. IERADI: No, absolutely not. CHAIRMAN DICKSON: Who pays for the credit reports? MR. IERADI: I do. CHAIRMAN DICKSON: You do, okay. Okay, I've got a motion. I don't have a second. MR. HERRIMAN: I'll second it, Herriman. CHAIRMAN DICKSON: And it's three months? MR. JOSLIN: Six months. MR. BLUM: No, three, and then an additional three as -- MR. JOSLIN: Right, a total number of six months, but to be monitored by staff every three months. Three -month and a six -month period. End of six months it's over. Two reports. We can't ask him to give a credit report every month is what I'm trying to say. So if he gives a report to staff -- MS. KELLER: You can get one free one a year from -- MR. JOSLIN: -- at three months from now and give them another one in six months and he's okay, then everything's fine. CHAIRMAN DICKSON: You okay with that, Michael? MR. OSSORIO: That's fine. CHAIRMAN DICKSON: Motion and second. Call for the vote. All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. GUITE': Aye. MS. KELLER: Aye. CHAIRMAN DICKSON: Aye. MR. BLUM: Aye. MR. HERRIMAN: Aye. Page 47 December 19, 2007 MR. HORN: Aye. 16 11 A CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: Give you a chance. Good luck. MR. IERADI: Thank you. Merry Christmas. CHAIRMAN DICKSON: Merry Christmas to you. That takes care of all new business -- whoops, no, no, one more. James King, are you here? MR. KING: Yes, sir. CHAIRMAN DICKSON: Okay, come on up, James. Do we have paperwork on James? MR. BARTOE: It's coming. CHAIRMAN DICKSON: Okay. (Speaker was duly sworn.) CHAIRMAN DICKSON: James, while we're getting this stuff, start talking to us. Tell us what's going on. MR. KING: As far as all my paperwork and everything, it's all in line except for my tax lien. And if you'd read that front cover page that the office has prepared for you, you'll probably understand. At least I hope you will. And also, I'd like to just say our business is one of the biggest tree companies in Fort Myers, and we do excellent work. And I really feel that coming to Collier County that we can be a good asset for Collier County. We've also did work for FP &L. I've worked for several other tree companies before I started this one, and we try to strive to be one of the best we can. CHAIRMAN DICKSON: You -just never worked down in Collier? MR. KING: Yes, we have. MR. JOSLIN: Ah, so there's a story behind that. CHAIRMAN DICKSON: There's a story behind the story. .,,. December 19, 2007 MR. KING: Oh, we've done -- actually work down heJ.6A Jo A several golf courses down here. It's just that I've never took the time to get the license down here, I guess, so I got wrote up and I said well, I guess it's time to get my license. CHAIRMAN DICKSON: Oh, you got caught. MR. KING: So I'm here. MR. OSSORIO: Yeah, Mr. Chairman, Lee County has an occupa -- well, a business tax for tree service. We require the business procedure test and we also require them to take the tree exam, which we just passed in'06. MR. KING: Yeah, I took the tree -- CHAIRMAN DICKSON: Yeah, don't criticize us for that either. MR. KING: Excuse me? CHAIRMAN DICKSON: Don't criticize us for that tree exam. MR. KING: No, sir. CHAIRMAN DICKSON: Because you should have seen what they wanted. I shouldn't have said that. MR. KING: That's okay. MR. JOSLIN: The first page of the application of your letter here, it says something about an IRS tax lien. MR. KING: Yes, sir. MR. JOSLIN: Would you care to go into some detail on that. MR. KING: Yes, in 2005 we did a lot of work for one special company and they didn't pay us. Even though I paid all my vendors and all my employees and everything else, they still did not pay us. And we're still in court over that. So we've lost quite a bit of money there. Then at the same time I think it was at the end of 2006 -- or 2005 we had an embezzlement inside the company. So our company has really -- in the past two years has really had a hard time. If we had have been paid and if my secretary, top secretary, had been paying my bills, the tax lien would have been paid. December 19, 20077 So now I've got an IRS representative, and we're goiitgih�o h A and we're trying to work it all out. Even though we've had like $300,000 worth of bills and stuff that we've had to really come up with. And it's -- you know, things are slow. So -- and she understands, too. And so we're paying it at the moment, but still it's on there. CHAIRMAN DICKSON: Okay. They're all showing -- I guess by now you have insurance for employee dishonesty now? MR. KING: My wife. She's in there now. CHAIRMAN DICKSON: That works as long as she stays your wife. And your tax lien is roughly about 50,000? MR. KING: Yes, sir. Now it is, yes. And like I said, I've been working with my tax lady and we're working it out. MR. BLUM: Has she suspended your interest? MR. KING: No. CHAIRMAN DICKSON: Oh, you need -- MR. KING: That keeps accumulating until we get it done. MR. BLUM: Yeah, that's the new thing. MR. JOSLIN: Maybe with some conversations -- MR. BLUM: Because I've been down this road -- MR. KING: I was hoping she would, but -- MR. BLUM: No, they will not. MR. KING: -- they won't. MR. BLUM: If they said they would, I'd have had something to say. CHAIRMAN DICKSON: Can't you sell one of these trucks? MR. KING: Can I sell one of my trucks? CHAIRMAN DICKSON: It will take care of the tax lien. MR. KING: Well, yes, but we're trying to not do that because they work every day. That's -- you know, that's -- CHAIRMAN DICKSON: But you've got idle trucks now. Page 50 December 19, 2007 MR. KING: Yes, sir, we do have a lot of equipment. 1611 A CHAIRMAN DICKSON: Everyone has idle trucks now. MR. KING: Oh, no, our trucks don't sit, no. Our trucks work every day. CHAIRMAN DICKSON: Count your blessings. MR. KING: Yes, sir. Thank you. MR. JOSLIN: How old is the business? MR. KING: Ten years old, this one is. CHAIRMAN DICKSON: It's exactly what the -- it was proposed to be. I mean, everything is in perfect order except the Federal tax lien. MR. KING: Yes. And if -- you know, like I said, if the one -- if you read the paper, it's hometown America. If they had paid us, it still would have been paid. Because they -- actually, in all reality we're about a million dollars owed. By the time I paid out to all my employees and all my vendors and they owed me almost 300,000, it averages out about a million dollars. And I just -- it's been rough on us. We've been really struggling and we're still doing good, thank God, and we want to come to Collier County. CHAIRMAN DICKSON: I move to approve the license with the tax lien. MR. BLUM: I'd kind of like to do something similar that we did with the last one, if you wouldn't mind. I'd like to see an ongoing report from the IRS that he's making payments and that things are going along. And in 90 days I'd like to see some kind of a submittal to Mr. Ossorio's office that things are moving ahead, you are progressing, it's less than 50,000 and so forth. I'd really like to see that. CHAIRMAN DICKSON: What do you say, Mike? MR. OSSORIO: That's fine with me. MR. KING: It's no -- you know, IRS is no easy fix, but we'll do our best to do that. MR. BLUM: I know all about the IRS -- CHAIRMAN DICKSON: Okay, I'll amend the motion to Page 51 December 19, 2007 1611 A approve, with the contingency that he supplies documentation on status,. whether it be a credit report or it could be documentation from the IRS, save you the credit report, twice at 90 days and then again at 180 days. MR. KING: That's fine. CHAIRMAN DICKSON: Okay? MR. JOSLIN: I'll second that motion. CHAIRMAN DICKSON: All those -- discussion? MS. KELLER: Is there -- I hate it when we get a packet the day of the meeting, because I read them. And I hate when I get information in front of me and I don't have time to look through everything. But is there anything in here on -- any communication you've had with IRS, is there any -- MR. KING: Yeah, I -- MS. KELLER: -- proof that you've actually tried? MR. KING: -- told Mr. Ossorio if need to, I could have my representative call him, which would be no problem. Yeah, she said she would do that. Actually, she told me that my tax had nothing to do with me getting a license down here, but apparently it does. But yeah, she said if you needed her to call her, she'd be more than happy to call him and keep him updated. I will, too. MS. KELLER: I'd actually rather see something that's been sent to the IRS and their response to you. MR. KING: Yeah, we can do that. MS. KELLER: Because it's been -- this lien has been on you since what year? MR. KING: 2005, I think, 2006. MS. KELLER: So has communication gone back and forth in the MR. KING: Yeah, actually we've tried a lot of things to do to solve that, but we just haven't come up to it yet. Like I was saying, with me having to pay all my vendors and everybody else, I just hadn't had Page 52 December 19, 2007 the money to pay it. And that's why -- 1611 A MS. KELLER: Okay, I just want to show -- I want to see evidence of your efforts in trying -- MR. KING: I can do that. MS. KELLER: -- to resolve the situation that's two years old. MR. KING: Do you want me to give that to you guys or Mr. Ossorio? MS. KELLER: Well, that's what I would want to see before I would vote to approve it. MR. KING: Yeah, that's fine. MS. KELLER: So I don't know about anybody else, but that's my opinion. MR. JOSLIN: Well, let's see how we monitor it then. Maybe have a letter from the IRS sent to staff to verify that there is an ongoing -- MR. BLUM: We can maybe amend the motion pending Mr. Ossorio's review of IRS documentation to support the gentleman's allegations that we would tentatively approve it with the 30 -- MR. KING: Can I have her call him? CHAIRMAN DICKSON: Hang on. I hate to throw all this on Mike's office. The only thing I'll add to the motion is documentation to the satisfaction of Contractor Licensing Board office that current negotiations and activity is pursuing with the IRS. MR. KING: Yes. CHAIRMAN DICKSON: Is that satisfactory, Mr. Ossorio? MR. OSSORIO: That's tine. MR. BLUM: Which means if you don't get it, it ends right then and there on the spot. MR. KING: Right. That's fine. CHAIRMAN DICKSON: Is my second still good? MR. JOSLIN: Yes, your second's still good. CHAIRMAN DICKSON: You'll need to do that before they're Page 53 December 19, 2007 going to do the license is basically what I said. 1611 A MR. KING: All right. So -- CHAIRMAN DICKSON: You've got it, but you've got to give the documentation along to Maggie. MR. KING: Okay, that's fine. So I give it to Maggie out front? CHAIRMAN DICKSON: Yeah. Motion and second. Any more discussion? (No response.) CHAIRMAN DICKSON: Call for the vote. All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. GUITE': Aye. MS. KELLER: Aye. CHAIRMAN DICKSON: Aye. MR. BLUM: Aye. MR. HERRIMAN: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: Done well. You got a chance. MR. KING: Thank you. So if I can get that done this week, I just give it to Maggie and -- CHAIRMAN DICKSON: After today. MR. KING: -- then the license still continues. CHAIRMAN DICKSON: Yeah. Get that documentation or something from the IRS that you've got proceedings going. MR. JOSLIN: I would definitely do it in writing, though, not a phone call. MS. KELLER: Yeah, don't have a lawyer call. MR. KING: Fax machine? MR. JOSLIN: Fax would be accepted, yeah. CHAIRMAN DICKSON: Even canceled check would be good. December 19, 2007 That's it for new business. What I'm going to do here isTakel 10- minute break. I'm going to lose one member of the board. Mr. Blum has to leave. I'm going to starve you guys if I can, because we can finish this thing if we come back at 12:00. And I'm going to lose another member at 1:30. Is that agreeable with everybody? Ten minute break, okay. MR. BLUM: Thank you, Mr. Chairman. I want to wish one and all a great holiday season. And I'll see you all -- CHAIRMAN DICKSON: Merry Christmas to you. MR. JOSLIN: We'll see you next year. (Recess.) (At which time, Ms. Keller and Mr. Blum are not present.) CHAIRMAN DICKSON: We're ready to go. I'd like to call back into order the meeting of the Collier County Contractor Licensing Board. December 19th, wow, six days until Christmas. Let the record reflect that Sydney Blum and Ann Keller both had to leave. Ann has a sick child and Sydney is sick. Well, Ann's sick, too. Wow, it's a sick room. But anyway, next on the agenda is public hearing, Case No. 2007 -13, Peter Kallie, d/b /a Kaltin Construction, Incorporated. Mr. Kallie, are you here? MR. KALLIE: Yes. CHAIRMAN DICKSON: Okay. Let me explain to you how this is going to work. And there's no need for you to come up right now. It's a quasi judicial hearing, which means it's kind of like courtroom procedures, but not. We also accept hearsay. But what will happen in the beginning, the county will make an opening statement and then I'll have you make an opening statement. And you'll be over here at this large podium over here. And then the county will present their material and any witnesses they would have. Once they are finished with those witnesses, then you can also cross - examine, ask them questions. Their case will rest. Then you can Page 55 December 19, 2007 present your case. And again, they can cross - examine any litnnes s 1 you may have. And then once that's done there will be a closing statement by both of you. And then we'll close public hearing. We'll kind of talk about it among ourselves up here and come up with a ruling. That's kind of how it goes. So if you have any questions while we're going along, don't hesitate to ask. Okay? And with that, first thing I need to do is if someone could make a motion to approve the composite and three sheets of paper. Is that all that were submitted separately from the composite? Or maybe they're not with yours, but they are with mine. MR. JOSLIN: Exhibit A, and looks like Exhibit 2. MR. KALLIE: 1 and 2. MR. JOSLIN: 1 and 2. I'll make a motion that we accept Exhibit A and Exhibit 1 and 2. CHAIRMAN DICKSON: Plus the cover letter for Exhibit 1? MR. JOSLIN: Plus the cover letter for Exhibit 1, yes. CHAIRMAN DICKSON: Okay. Do I hear a second? MR. BOYD: Second, Boyd. CHAIRMAN DICKSON: All those in favor? MR. JOSUN: Aye. MR. BOYD: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. MR. HERRIMAN: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: County, you're free to go. I need to have you sworn in also. If you would state your name. MR. JACKSON: Ian Jackson, licensing investigator for Collier County. (Speaker was duly sworn.) Page 56 December 19, 2007 CHAIRMAN DICKSON: Good morning, Andy (sic).1 6 MR. JACKSON: Good morning. CHAIRMAN DICKSON: Or afternoon now. Okay, the floor is yours, sir. MR. JACKSON: This case involves a contract for window replacement for a homeowner, Robert Smid, and a contractor Peter Kallie, who qualifies Kaltin Construction. The county will show evidence of abandonment of the job for work not taking place for a period of 90 days. And the second charge is departing from or disregarding any material respect (sic) or specifications of the construction job without the consent of the owner. Basically there's an issue with the windows. And as I said, no work has taken place for a period of 90 days. CHAIRMAN DICKSON: And Collier County requires a permit for window replacement? MR. JACKSON: Collier County does. This job is on Marco Island, which of course also requires a building permit for this work, yes. CHAIRMAN DICKSON: Okay. MR. JOSLIN: It says in here that the permit has still not been obtained; is that correct? MR. JACKSON: No permit has been applied for. CHAIRMAN DICKSON: Mr. Kallie, would you like to make an opening statement? If you want. I need for you to go over to this podium and state your name, I'll have you sworn in also. (Speaker was duly sworn.) CHAIRMAN DICKSON: Okay, come over to this podium and state your name again so I've got it on record on the recording with the microphone. MR. KALLIE: Peter Kallie. Page 57 December 19, 2007 CHAIRMAN DICKSON: Say it again? 16 11 A MR. KALLIE: Peter Kallie. The company is Kaltin Construction, Inc. We had two contracts with Mr. Smid. One is to do hurricane shutters. We pulled the permits for the hurricane shutters. I was under the impression the window permit was pulled at the same time, seeing that it was on Marco Island. We completed the hurricane shutters. They signed off everything is okay, paid. We ordered the windows for Mr. Smid specifically, as per his request. I have proof that I ordered them that way. One of the seven windows arrived wrong. I believe it was somewhere around eight to nine weeks just to get the windows delivered from the factory. Mr. Smid didn't want to go ahead with installing the other -- well, actually we had a time to set up to install the other windows. Mr. Smid came back and said no, wait till we resolve the one window that was wrong. I went backwards and forwards to Naples Lumber, the supplier. Basically it's a rather large window, 144 by 72, a half moon. The supplier originally said that they could build that window. So I said all right, go ahead and order it. And the proof is there that I did order it that way. Anyway, when the window finally arrived, it came in three pieces, not two pieces, which was not what we ordered. The factory turned around and just said we couldn't build it the way you wanted it. They didn't bother telling Naples Lumber or myself that they couldn't build it to our specs. They just sent three pieces. Well, Mr. Smid rejected that. I spent a lot of time with Naples Lumber, the window company, trying to resolve the problem. December 19, 2007 Exhibit 1 -- 1611 CHAIRMAN DICKSON: Don't get into those. This is just an opening statement. MR. KALLIE: All right. I spent a lot of time trying to resolve the problem. We finally -- well, Naples Lumber finally said all right, they'll take back the windows. But before they do, they want to be paid. And I thought that was rather weird. So naturally I didn't want to pay them. Mr. Smid wants his money back. So basically what I'm asking is what do I do, pay Naples Lumber or Mr. Smid? Naples Lumber, by the way, has sued me for the windows. They haven't picked up the windows. They're still sitting at Mr. Smid's house. MR. JOSLIN: Is there something in this packet that shows your order form to Naples Lumber that I'm missing or I don't see? MR. KALLIE: Yes. CHAIRMAN DICKSON: Well, we'll get into that later. This is opening statements, okay? Is that about it? MR. KALLIE: Yes, sir. CHAIRMAN DICKSON: For right now. CHAIRMAN DICKSON: All right, Andy (sic), go ahead and present your case. MR. JACKSON: I would first of all like to call Mr. Smid to testify on his behalf as a witness for the county. CHAIRMAN DICKSON: Okay. Mr. Kallie, if you would give up the podium for a minute. I'll get Mr. Smid up here. I need to have you, if you would, sir, right there. Right there. Yeah, at the same mic right here. Thank you. If you would, state your name. MR. SMID: The name is Robert Smid. I am the homeowner for this case. THE COURT REPORTER: Would you spell your last name, please. Page 59 December 19, 2007 MR. SMID: S- M -I -D. 1611 A (Speaker was duly sworn.) C14AIRMAN DICKSON: Thank you, sir. And welcome. Andy? MR, JACKSON: Mr. Smid, would you mind giving a summary of details on your take on this whole situation, please. MR. SMID: Surely. Signed a contract with Kaltin Construction on 9/7. And the windows that are the subject of this discussion that were first delivered on October 26th. And then I noticed that they were not all there. I called Kaltin Construction at that time. Additional windows came afterwards. And I informed Mr. Kallie again that some of them appeared not to be correct. At that time subsequently he came and said the windows were delivered, that I should pay another -- I paid 50 percent of the contract up front. Suggested that I should pay another 25 percent, because windows were delivered. I refused his request because the windows were not correct. He wanted me to go forward and put the windows in as received. I told him that that was not what I had contracted for. And things became rather stagnant at that point. Then on February 8th, Mr. Kallie came and told me that he was without funds, that he had no money left of the almost $10,000 that I gave him, could not pay for the windows. But he was selling a home at the end of February and that he would have money at that point to go forward. There was -- to fix the one window it was over $3,000 to have a different window contractor other than PGT make that window. On February 28th, I called and did not receive any response from Mr. Kallie. Between February 28th -- I mean between February 28th and October 16th of'07 I called over 25 times and never received a response. During that period Mr. Kallie never came to the job site. I went to Mr. Kallie's home on two occasions, left a note with my Page 60 December 19, 2007 name on the first occasion. There was no response. 1611 The second time he had moved to some -- somewhere else. I contacted the Better Business Bureau. I phoned him, told him that I was going to do that. Of course there was no answer, I just left it on a voice mail. Better Business Bureau -- well, I first came to Collier County here. Mr. Ian Jackson tried several times, and after about a month's time he called me and he said maybe I should get an attorney because he was not -- Mr. Kallie was not returning his phone calls either. At that point I went to the Better Business Bureau. They sent him my complaint about the windows, the abandonment of the job, and he did not respond to them. They phoned him several times and they did not respond to that. The individual that put up the shutters, the first part of the contract, a Mr. Ian Bonnet (phonetic), did a good job. I called him, asked him if he would intercede with his former partner or colleague, and he tried and Mr. Kallie did not respond to him. For 11 months he was never at the job. I feel that Naples Lumber probably would have been more amenable to working something out with the windows, had they been paid. They were never paid. And I think the bottom line is that Mr. Kallie took the money and left the job. That's my synopsis. I have documentation of the phone calls and the issues and the applications to the State of Florida, Collier County and Better Business Bureau, where I wrote up my -- CHAIRMAN DICKSON: Where did you find the Better Business Bureau? MR. SMID: Where did I find them? CHAIRMAN DICKSON: Yeah. They're not in Collier. MR. SMID: Oh, no, I did some research and ended up -- CHAIRMAN DICKSON: Where did you end up, Tampa? Because most people around here don't respond to Better Business Page 61 December 19, 2007 Bureau, because there's no presence for them in Southwest A A1.1 A MR. SMID: Well, I will -- I phoned them on -- first. CHAIRMAN DICKSON: Not that it really -- MR. SMID: I don't know where it's from. Here's the piece, if you care to -- CHAIRMAN DICKSON: Can I look at that? MR. SMID: I also had the Better Business Bureau send me two letters stating that they tried -- CHAIRMAN DICKSON: Wait, wait, wait. Start over. MR. SMID: Excuse me. The Better Business Bureau also sent me two letters stating that they were trying to contact Mr. Kallie and were unsuccessful. I have those also. CHAIRMAN DICKSON: Yeah, this is Tampa. MR. SMID: That's Tampa? CHAIRMAN DICKSON: Yeah. And I mean, they have no legal authority or anything else, just a nice little feel good thing for consumers. MR. SMID: Oh, I understand. CHAIRMAN DICKSON: But yeah, there's no presence in Southwest Florida. MR. SMID: But I would assume that a businessman would not want to be on their list of non - responding -- CHAIRMAN DICKSON: Point well taken. MR. OSSORIO: Mr. Smid, for the record, Michael Ossorio, Collier County Contractor Licensing Supervisor. I've got just a couple of questions. So you're telling the board today from February to October you did not hear one thing from Mr. Kallie? MR. SMID: That's correct. MR. OSSORIO: Would it be fair a statement that his phone numbers have been disconnected, the ones that you received from him? MR. SMID: Yes, they -- well, through -- the reason I stopped at Page 62 December 19, 2007 October is there was a -- I believe it was a cell phone that h uuse A business, and I was getting a recorded message on that. After that period of time, I did not have a phone number for Mr. Kallie that was valid. MR. OSSORIO: Mr. Smid, one last question. Did Mr. Kallie offer you to change the design of the windows? Is that what was his intention? MR. SMID: Well, yes, he wanted me to put in the -- suggested I put in the three -piece window. MR. OSSORIO: Did you order that? MR. SMID: No, I did not. MR. OSSORIO: Thank you. MR. ZACHARY: Mr. Chairman, Robert Zachary, County Attorney's Office. I have one question. Was there -- in the complaint it says that several windows were wrong windows. Was it just the one window? MR. SMID: Well -- MR. ZACHARY: It was a three -piece instead of a two - piece? MR. SMID: There were -- initially it was two windows and a door. However, Mr. Bonnet, who was -- that worked for Mr. Kallie, I guess his official term was a sales representative, but he did measurements and he's the one that supervised the shutters, said that he would put in -- all of the replacement windows on the second floor would be identical to the windows that I have. When I signed the contract with Mr. Kallie, I did not notice that one of the two -- one of the single piece windows was written as a two - piece, and that nothing was put about the glass width on the French door. So because I did not have that in writing, that I can't hold Mr. Kallie's heels to the fire for that. Although his partner, Mr. Bonnet, will testify, or at least told me he would, that that was the agreement we had. MR. ZACHARY: Thank you. CHAIRMAN DICKSON: I'm a little confused. You say you did Page 63 Decglei If, 21 hurricane shutters? MR. SMID: Yes. CHAIRMAN DICKSON: What are you doing, mixing hurricane shutters and impact glass? MR. SMID: Well, I have a two -story home, and I'm 68 years old and I don't want to crawl up on a ladder to try to put shutters up or Lexan up on a second floor. So on the first floor we used shutters and Lexan, and on the second floor we were putting the impact glass. CHAIRMAN DICKSON: Gotcha. Okay, that makes sense. I'm just trying to figure it out. MR. SMID: It wasn't double coverage. CHAIRMAN DICKSON: That's what I -- I hope you weren't covering up impact glass, yeah. Anybody else have any questions? (No response.) CHAIRMAN DICKSON: County have any other -- MR. OSSORIO: Just one question. Ian Jackson, as an investigator, would you say that Mr. Kallie was difficult to initiate and find? MR. JACKSON: Yes. MR. OSSORIO: Can you elaborate to the board how difficult it was. MR. JACKSON: It took several days to find Mr. Kallie. I left many messages. Several days to find him. I spent one whole day putting my business cards on every address I could find for him, which finally got him to call us where we initially met where he was first served the notice of hearing. CHAIRMAN DICKSON: Go through those dates again. When did you start looking for him? MR. JACKSON: October 19th. CHAIRMAN DICKSON: Okay. Of this year. MR. JACKSON: Of this year is when I received the case. Page 64 December 19, 2007 CHAIRMAN DICKSON: Okay. 16 11 A MR. SMID: Well, I -- MR. JOSLIN: I have one comment to that real quick, just since you're on the time line here. October 19th is when you started looking for Mr. Kallie? MR. JACKSON: Yes. That's when I received this particular complaint from Mr. Smid. MR. SMID: Well, just -- may I -- CHAIRMAN DICKSON: One at a time. Go ahead. MR. SMID: My original complaint to Mr. Jackson I sent on March 16th of '07. And he followed that through for a period of time. And after approximately a two -month period he called me and said that, as I testified before, that he was -- Mr. Kallie was non - responsive and that there wasn't much more that he thought he could do and suggested I seek an attorney. I then went to the Better Business Bureau, the State of Florida -- CHAIRMAN DICKSON: That's repetition. What is it, October or March? MR. JACKSON: I received this case, which brings us here today, in October. MR. JOSLIN: Of'06. MR. JACKSON: Of'07. I did deal briefly with Mr. Smid and Mr. Kallie regarding this earlier this year in February. And I'll admit, I mistakenly closed the case. It was then reopened. More time had gone by. And it was more clear that the abandonment had taken place. I received this in early October. I was mistaken on the date of 10/19. That's when I initially met with Mr. Kallie, after approximately 10 days of trying to locate him, leaving messages, going to addresses, leaving my business cards at these addresses. MR. JOSLIN: My question really wasn't about the 19th, it was because of the year, actually '06 or'07. That's what threw me for a loop. MR. JACKSON: The contract was signed between the two parties December 19, 2007 September of '06. MR. JOSLIN: Right. Gotcha. 161 1 A MR. OSSORIO: It appears that Mr. Smid came in or communicated with Ian Jackson sometime in February. Which you'll hear testimony that they were communicating in February. And I believe Ian Jackson assumed that since both parties were communicating, his assumption was that the contractor was going to mitigate this and return the deposit. Since then I guess things went downhill. And then Ian Jackson got reinvolved back in October of this year. CHAIRMAN DICKSON: Okay, so you thought you had a settlement last winter. MR. JACKSON: Correct. CHAIRMAN DICKSON: That fell apart. MR. JACKSON: Ten months ago. CHAIRMAN DICKSON: And that fell apart. MR. JACKSON: Correct. MR. BOYD: Was there in fact a permit pulled for the shutters? MR. JACKSON: Yes. MR. SMID: For the shutters, yes. MR. JACKSON: Yes. MR. SMID: On 12/22 of'06, these windows that were placed in my driveway, the City of Marco came and put a stop work order on it, because no permit was pulled for putting in the windows. CHAIRMAN DICKSON: Did you ever sign a contract? MR. SMID: Yes, sir. CHAIRMAN DICKSON: This one that's in the packet? Even though we don't have your -- MR. SMID: Yes, I believe so. CHAIRMAN DICKSON: You know, it's amazing -- I hate to say this, but it's amazing, of all the cases that come to us, usually they're because of a lack of a contract or a terrible contract. I'm really surprised December 19, 2007 you signed this. 16 I 1 A MR. SMID: This is not a very good contract. CHAIRMAN DICKSON: Yeah. That should have been the first flag. MR. SMID: Yes, sir. CHAIRMAN DICKSON: Of course that's water under the bridge. MR. SMID: I think part of my carelessness was the fact that the first part went so well with the shutters that I had confidence in -- they handled things in a very professional manner, Mr. Ian Bonnet, and I was not on my guard when I signed that. MR. JOSLIN: Just to clarify your thoughts on this, this case or this whole -- I guess this case stems from the non - ability to install one basic window in the dimensions that you thought you contracted for, or contracted for? MR. SMID: Yes. There -- as I said, there were two other items, but they were not in writing. MR. JOSLIN: Right. So of the rest of the windows that were there, were the rest of the windows that were delivered by apparently Naples Lumber, were they correct? MR. SMID: Yes. MR. JOSLIN: Were they installed? MR. SMID: No. MR. GUITE': Did he offer to install those, the ones that weren't correct, while the one that was getting -- MR. SMID: He wanted to install them all. Even the one that was not correct. The issue was that to fix the one that was not correct, it was over $3,000. And he wanted -- if I wanted it changed then he wanted me to pay for it. But he was not going to pay for it. Mr. Kallie would not pay for it. MR. JOSLIN: So you're talking about a $3,000 bill that would have been additional to the contract that you already agreed to pay for? Page 67 December 19, 2007 MR. SMID: Yes, sir. 16 11 A MR. JOSLIN: The bid that he gave you. MR. SMID: Yes, sir. MR. JOSLIN: So he wanted another $3,000 on top of that to pay for the window that you really wanted or thought you were going to get in the beginning. MR. SMID: Yes. MR. JOSLIN: I gotcha, okay. MR. SMID: It's -- CHAIRMAN DICKSON: And to this date the second floor windows have not been replaced with impact glass? MR. SMID: That is correct. CHAIRMAN DICKSON: Or hurricane shutters. MR. SMID: The price of it was $3,185. MR. JOSLIN: Would you just -- I guess this is the proposal that I guess Kaltin gave you as a bid to install these windows. Did he give you a list of -- on 9/7 of'06 an impact glass layout and how much -- and then the contract total cost amount. Which of these windows in here describes the one that you had any problem with? MR. SMID: Let me get to the contract. MR. JOSLIN: Shows six sets of items. I'm not sure how many pieces it is, but -- MR. SMID: Yes, it's a half circle above the living room slider. MR. JOSLIN: Okay, that is the one that is in question that is in QUI N MR. SMID: Yes. MR. JOSLIN: Okay. MR. SMID: Now, all I had was a piece of paper. I did not have drawings of what was being done. It was just the one sheet of paper that I signed. MR. JOSLIN: But in your conversation, this was clear that this 69 December 19, 2007 was to be a one -piece window. 1611 A MR. SMID: To be a two - piece. They sent it in a three - piece. MR. JOSLIN: I'm sorry, two -piece window. MR. SMID: Yes. MR. JOSLIN: And they sent a three - piece. MR. SMID: Yes. CHAIRMAN DICKSON: Okay, at this point, Mr. Kallie, you can ask Mr. Smid questions now or you can wait and call him when you present your case. MR. KALLIE: I'd like to ask some questions. CHAIRMAN DICKSON: Okay, come over to this podium over here. You've already been sworn in, so that still applies. MR. KALLIE: Six out of the seven windows were correct. To try and reach a solution, Naples Lumber offered Mr. Smid the window that was built incorrectly, if he went ahead and accepted it to take it off their bill free of charge, number one. He refused. He didn't want it. Number two, it wasn't me that wanted an extra $3,500. I went back to Naples Lumber and said you guys messed up, you need to fix it. They came back to me and said it's going to cost 5 -- MR. ZACHARY: Mr. Chairman, this is supposed to be the -- CHAIRMAN DICKSON: Yeah, I'm waiting for your questions. You're not presenting your case. Thank you. MR. KALLIE: My question is: Did we not offer you that window free of charge, the incorrect window, to install it? MR. SMID: Yes, you did at one point. However, with the architecture of the house, it would have looked very bad. And I did not want to -- it was not free of charge. I was not going to get money back. You were going to go for it and you weren't going to charge money for it. And you were going to fix -- told me you would fix the French door glass in it. And so I kind of balanced that out as one for the other, which I found unacceptable. Page 69 December 19, 2007 MR. KALLIE: Well, as my memory goes, you we ojn 0 A accept all. The offer was to accept that three -piece window instead of the two -piece and you would have a reduction in the price. That was offered by Naples Lumber, not by me. MR. SMID: I do not recall getting a reduction in price from either you or Naples Lumber. MR. KALLIE: Well, that was part of the offer. MR. JOSLIN: The reduction in price you're speaking of, would that have been the reduction off of your contract that you contracted with Mr. Smid on? MR. KALLIE: Correct. MR. JOSLIN: So there would be a $3,000 credit on -- against your contract -- MR. KALLIE: No, the -- MR. JOSLIN: -- that he wouldn't have to pay. MR. KALLIE: The original window was a lot less than the new one that Naples Lumber came up with. So he would have roughly $2,000 taken off his bill. MR. JOSLIN: Off of your contracted bill. MR. KALLIE: Right. MR. JOSLIN: Were you aware of that, Mr. Smid? MR. SMID: I was not aware of that. CHAIRMAN DICKSON: Any other questions? MR. KALLIE: No. CHAIRMAN DICKSON: Okay. County? MR. KALLIE: Oh, one last. CHAIRMAN DICKSON: Yes, go ahead. MR. KALLIE: Mr. Smid, you said you came to my house -- MR. SMID: Yes. MR. KALLIE: -- and left informa -- or messages for me? MR. SMID: On two occasions. And only on the first occasion did I leave a note there on the door. Page 70 December 19, 2007 MR. KALLIE: Can you tell me what address that was ?1 6 11 A MR. SMID: Yes, I can. I wrote it down. It's on -- the second -- it's Christopher Court in Naples. And I'll get you the -- I'm looking through my notes right now. CHAIRMAN DICKSON: Christopher Court may solve it. Do you live on Christopher Court? MR. KALLIE: No, sir. I moved out in March. MR. JOSLIN: Did you live on Christopher Court? MR. KALLIE: Yes, I did. MR. SMID: So the first time, as I mentioned before, I went there I left a card and a note for him to call me. Second time I went there and there was no answer, I spoke to a neighbor and the neighbor said that he had moved out about two months before. MR. KALLIE: All right. So you're telling me that you went there in April or May? MR. SMID: I'm looking in my notes to find out the first time. The second time was more recent. It was obviously after you moved out. MR. KALLIE: I just want to state that I moved out into a house in Lakewood on the 29th of March. CHAIRMAN DICKSON: Let me ask you a question while you're standing there. I mean, I usually don't have people come to my house, so that's why I maintain an address with the county. And according to the permit, your address is on Goodlette Road; is that correct? MR. KALLIE: That was the first address. My mailing address is on all my business letterhead. CHAIRMAN DICKSON: Is that a physical or a post office box? MR. KALLIE: It's a post office box. CHAIRMAN DICKSON: Yeah, I can't ever find those. MR. KALLIE: It's on Fifth Avenue. I receive all my mail there. CHAIRMAN DICKSON: So why -- the county said they were having trouble finding you also. Page 71 December 19, 2007 MR. KALLIE: I don't see why, because -- what can I0 Y 1 A There's the address, the mailbox. I still maintain that mailbox. It shouldn't have been real hard to get hold of me. CHAIRMAN DICKSON: Okay. County have any -- you want to redirect any questions? MR. OSSORIO: I just have one question of Mr. Smid. CHAIRMAN DICKSON: Mr. Smid? MR. OSSORIO: Mr. Smid, could you turn to E -4. Do you have your packet in front of you? E -4. Just a quick question. MR. SMID: Yes, sir. MR. OSSORIO: Who did you contract with? Was it with Kaltin Construction? MR. SMID: Mr. Kallie. MR. OSSORIO: Did you contract with Naples Lumber? MR. SMID: No, I did not. MR. OSSORIO: Okay. No questions. CHAIRMAN DICKSON: Okay, Mr. Smid, unless -- anyone on the board has any more questions of him right now? MR. HERRIMAN: I do. Are the windows still usable after sitting there all this time? MR. SMID: Well, I'm not a contractor, I can't say. However, you know, windows I think operate well when they're in the vertical position. These have been lying flat. It's been over a year -- CHAIRMAN DICKSON: Were they in your garage? MR. SMID: -- well, over a year. And there's water. I paid to have some of them moved off of the driveway after a period of time. But the paint on the windows looks compromised to some degree because water CHAIRMAN DICKSON: We'll let you answer that -- no, Mr. Kallie -- when you come up. We'll ask that of the contractor as well. MR. JOSLIN: Just one last question, I guess. I have this thought that after he did such a great job on the hurricane shutters and you were Page 72 December 19, 2007 perfectly happy with those -- 1 6 ! 1 A MR. SMID: Yes, sir. MR. JOSLIN: -- then there was a delivery for some glass impact windows that are delivered. And out of the lot of windows apparently one, two or whatever were incorrect. MR. SMID: Yes, sir. MR. JOSLIN: What prompted you or what led you to not let them install the ones that were good? MR. SMID: I was -- I felt there was a certain amount of resistance from Mr. Kallie with regard to fixing that change. And instead of coming and taking those windows and going off to Naples Lumber to have them fixed, he tried to get me to accept those windows and put them in. And at that, when he was doing that it brought up a caution flag. MR. JOSLIN: Did he make any kind of attempt to you to tell you that he was going to go to Naples Lumber and make the windows that possibly he contracted with Naples Lumber for? What I'm trying to get at, was this Naples Lumber's error in the manufacturing of the windows that were really ordered by Mr. Katlin (sic) in good faith, or was it just a total error? MR. SMID: Mr. Kallie ordered a window as a two -piece and it came as a three. So, you know, the issue I think is between Mr. Kallie and Naples Lumber as far as them not delivering what he had ordered. MR. JOSLIN: Okay, that's all. CHAIRMAN DICKSON: I have a couple questions. Has there been any liens placed on your property? MR. SMID: No, sir. CHAIRMAN DICKSON: Okay. So there's no liens that are going to be placed on your property. Because they didn't file a notice to the owner, to you or anything else. Let me be the devil's advocate here for a minute. You're a reasonable man, intelligent man. As a contractor, I have to sit here and Page 73 December 19, 2007 go, okay, under testimony you just admitted that the windowlA l I A probably not usable now. And under testimony you admitted that he ordered the right one and they sent the wrong one. So a rational deduction is your action of stopping him and not letting him continue caused the other five windows to go bad under -- when he was fully ready to go ahead and put those in. Do you agree with me, or how do you disagree with me? MR. SMID: Well, I would disagree in that the French door that was part of this order and part of the windows, what we could put into my garage, we did put into the garage. There are some of the windows that did not get into the garage, and those are the ones that maybe might come into question as far as the paint on the windows. I don't know, you know -- CHAIRMAN DICKSON: But that's not -- MR. SMID: I don't want to say that they're not usable. But I'm just saying they're not -- they don't look like a new window any longer. CHAIRMAN DICKSON: Okay. But you're not answering my question. MR. SMID: Well, I'll try. CHAIRMAN DICKSON: Were you being unreasonable? MR. SMID: I don't believe so. CHAIRMAN DICKSON: Did your action cause the mistake to grow? MR. SMID: I believe Mr. Kallie's action caused the mistake to grow. The fact that for 10 months and I called him 25 to 30 times, he never responded to me, never came to the job site. I think if he would have taken action and resolved the issue with Naples Lumber within -- or showed that between he and Naples Lumber, one of them was going to get the issue resolved, there would have been no problem with those windows -- CHAIRMAN DICKSON: Good answer. MR. SMID: -- they could have been installed. Page 74 December 119, 2007 CHAIRMAN DICKSON: Good answer. Thank you. tj � triad to ask the question, okay, get it out there on the table. MR. SMID: That's very fair. CHAIRMAN DICKSON: County have anything else? (No response.) CHAIRMAN DICKSON: Any other questions of the board? (No response.) MR. OSSORIO: I've just got one question. Mr. Smid, when you noticed the window wasn't correct, you immediately notified this contractor? MR. SMID: Yes, sir. MR. OSSORIO: And right off the bat your testimony today, you're saying that he wanted to negotiate putting that window in. MR. SMID: Yes, sir. MR. OSSORIO: And you've always stated right from the beginning you wanted the two -piece window, not the three -piece window. MR. SMID: Yes, sir. MR. OSSORIO: So you didn't get what you paid for, but you paid $10,000 and you don't have windows; am I correct? MR. SMID: Yes, sir. MR. OSSORIO: No other questions. MR. JOSLIN: As it stands he doesn't have any windows put in; is that correct? MR. SMID: That's correct. MR. JOSLIN: Okay. CHAIRMAN DICKSON: Okay. Thank you, Mr. Smid. If you would, have a seat. Mr. Kallie, if you would come up where Mr. Smid is. And now the floor is yours to present your case, sir. MR. KALLIE: My case is simple. When the windows arrived, six out of the seven were correct. I scheduled to have them installed. Page 75 Decembe1r 19, 20107 Naples Lumber, myself, Mr. Smid went backwards and forwards on this incorrect window for months trying to resolve it through the factory, the manufacturer. We had done a successful job for him on the shutters. Why he didn't go ahead and let us install the other six units whilst we resolved the other one, I don't know. I think he was totally unreasonable. I have not only the one bid from Naples Lumber to have that window corrected, but another company, I asked if they could build it. I did a lot of research to see if I could get it done his way. But my argument is, we had a contract when the windows were delivered, he was to pay the balance of the windows. Number one, one window was incorrect. He could have held back some of the money, let me go ahead and install the others while I resolved the problem of the incorrect window. I gave him options: One, reduced price on the window that he had there. This was the offer from Naples Lumber, not from me. He refused. MR. JOSLIN: Was this offer from Naples Lumber to him directly or given to you and you -- MR. KALLIE: Yes. MR. JOSLIN: -- gave it to him? MR. KALLIE: I was sitting in Naples Lumber's office when we were calling Mr. Smid. I had the lumber rep, the manager who is no longer with Naples Lumber, and myself and we were on speaker phone. MR. JOSLIN: Let me ask you one other question. When you submitted this bid to Naples Lumber for these windows originally on your contract for your proposal when you proposed this bid to him, did Naples Lumber tell you that they could build this window? MR. KALLIE: Yes, they did. I even had photographs that I took of Mr. Smid's house at the time of the proposal. I gave a copy of these to Naples Lumber. And I have from Naples Lumber the pricing based exactly how I ordered it. But when it arrived, it was incorrect. Page 76 December 19, 2007 MR. JOSLIN: What was Naples Lumber's thoughts 61 1 A MR. KALLIE: Naples Lumber said that they were -- well, the factory was wrong. They had ordered it the way that I had ordered it. MR. JOSLIN: It wasn't built that way. MR. KALLIE: No. CHAIRMAN DICKSON: So here's what I don't catch. I mean, everyone in this room knows Naples Lumber. Good company, been around forever and ever and ever. Big company. They can take a lot more hits than a $3,000 window. So what's this $3,000 change order for? MR. KALLIE: To try and resolve this problem, Naples Lumber went to a company called Windor. CHAIRMAN DICKSON: Well, I agree, you don't need to get real specific. I agree it's from Windor, and I agree they want $3,000 more. You're telling me that Naples Lumber sat there and agreed that their manufacturer of who they represent made a mistake, but we'll fix your problem if you give us another $3,000? That doesn't sound like Naples Lumber. MR. KALLIE: That's exactly what they said. They agreed to give it to Mr. Smid at my cost, or their cost. Tom was the manager. It wasn't my idea to charge Mr. Smid another $3,000. CHAIRMAN DICKSON: So they're going to give you a credit of 2,000 something for the mistake, $3,000 more. So in other words, a net of 5,000 you get the two -piece window. MR. KALLIE: The window from Windor would have cost $5,532; deduct the original cost of the incorrect window would have left three thousand -- CHAIRMAN DICKSON: I got you. Just what I said. Doesn't sound -- MR. JOSLIN: Something's wrong here. CHAIRMAN DICKSON: Now, let me ask you a question. You've been accused of real bad communication. And that's usually Page 77 December 19, 2007 where jobs go bad. What do you have to say about the acclAIJ047 aA the calls that were placed to you? Forget you moved. We might have been -- he might have been at your house after you moved. We can see that. But you're the general contractor. Why did you just let this thing drop like this? MR. KALLIE: I spent five months, a lot of phone calls, a lot of times trying to resolve this problem with Mr. Smid and with Naples Lumber when Naples Lumber turned around and said pay us in full, we'll go pick up the windows, credit you and then you can pay Mr. Smid. I smelled a rat. I wasn't prepared to do that. As far as telephone calls, a while back I did a preap. meeting for an affordable housing project that I want to get started on here in -- off Davis Boulevard. I was inundated with phone calls from subs, people wanting work, so I canceled that phone and got a new number. I wasn't trying to avoid these gentlemen or this gentleman. I couldn't take 20 phone calls a day. That's the only reason I changed my phone. I had the original phone for a long time. CHAIRMAN DICKSON: But you got $10,000 and you didn't have to pay -- did you have to pay any money down to order the windows? MR. KALLIE: No. CHAIRMAN DICKSON: Okay. So you were carrying that extra money. MR. KALLIE: Correct. MR. JOSLIN: Did you make any kind of attempt to get ahold of Mr. Smid to tell him that you no longer have the number that he's been trying to reach you on? Or did you try to make any contact with him after you moved and after this number changed? MR. KALLIE: Yes. Between myself and Ian Benet, we tried to keep Mr. Smid appraised of what was going on. And after five, six months when I realized I couldn't resolve anything, on the one hand I've December 19, 2007 got Mr. Smid that had paid me $10,000, on the other hanA4 kol A Naples Lumber that is suing me for 15,000 being the total cost. Who do I pay. CHAIRMAN DICKSON: Suing you for how much? MR. KALLIE: The total cost of the windows was 14,000 something. CHAIRMAN DICKSON: Not by the papers I have. Is that right? MR. KALLIE: Well, Mr. Smid only paid a deposit on the windows. The total cost of the windows was 14,300 and something odd dollars. CHAIRMAN DICKSON: Okay. Yeah, I wish that had been in the packet. I'd like to see that. Do you have that bill? That changes a whole lot of things to me. That's a pretty good price for those impact windows. Because impact windows you have to do structural changes, too. A little stucco work, a little paint. You were going to do $19,000 worth of -- 19,000 and put in $14,000 worth of windows? MR. KALLIE: Correct. MR. JOSLIN: And finish them and trim them out and paint them, stucco and touch -up all around those windows after they were all installed? MR. KALLIE: Correct. MR. JOSLIN: For four grand. CHAIRMAN DICKSON: While you're looking for that, I have one other question. It seems like this thing almost went away in February. I'm going to be real blunt, I want to know what -- this is quasi judicial. What did you all agree to in February that didn't ever come off? MR. KALLIE: Well, I built -- I've built two massive houses here in Naples on -- CHAIRMAN DICKSON: Go back to the mic, if you would. MR. KALLIE: I'm sorry. Page 79 I've built two massive houses here in Naples. I was finishing up the second one end of last -- 2006, and I said to Mr. Smid, as soon as that's solved, I'll settle with him and fight with Naples myself. The house appraised for 3.3 million, we sold it for 2.2 million. We had to sell it, basically. So I lost roughly $500,000. So I couldn't keep my word to Mr. Smid. CHAIRMAN DICKSON: Okay. Anything else you want to present? Did you find that bill? MR. KALLIE: Well, just what I'm being sued by Naples Lumber. CHAIRMAN DICKSON: Yeah, but that's going to have some expenses and other things in it. MR. JOSLIN: No doubt. Court costs, attorney fees, sure. MR. ZACHARY: Mr. Chairman, I have a question. CHAIRMAN DICKSON: Go ahead. MR. ZACHARY: Mr. Kallie, what's the current state of your state registered residential contractor license? MR. KALLIE: I haven't renewed. Simply I'm waiting to see whether we're going forward with affordable housing. If we do, it will be a new company and a new name and everything. So I should know this coming -- before the end of the year whether that's a realistic thing. MR. ZACHARY: So it's currently delinquent; is that correct? MR. KALLIE: Yes. MR. ZACHARY: Thank you. MR. HERRIMAN: I have two questions. Is the offer still on the table to deduct $2,000 from the bill and put in that two -piece window -- the three -piece window, rather? MR. I<'ALLIE: Yes. MR. HERRIMAN: And my second question is, would you be willing to order the three -piece -- the two -piece window and pay the extra 31000 and work that out with Naples Lumber so we can finish the job for him? MR. KALLIE: If Naples Lumber hadn't sued me for the full I ma .I December 19, 2007 amount, I wouldn't have a problem with that. But right 1A [ looAng at 10 plus 15, so 25,000. And I have a total contract of 19. MR. HERRIMAN: Well, if you completed the job somehow, then you'd have enough money to pay Naples Lumber and they'd drop the lawsuit, wouldn't they? MR. KALLIE: I'm not quite following your math. MR. HERRIMAN: Well, you haven't paid them anything, you have 10 grand in your pocket, there's another 10 grand that's due. Okay, now you've got enough money, if the job is finished, whether he takes the three -piece window or the two -piece window for the contract price, then you've got enough money to pay Naples Lumber, they're going to drop the lawsuit. MR. KALLIE: Well, right now what I've told Mr. Smid is that I'm just going to pay him his money back and fight the lawsuit with Naples Lumber and be done with it. It's been far too messy. I tried my best to get things resolved. I tried to schedule -- or tried to put the good windows in a timely manner while I resolved the other problem. That wasn't good enough. I tried to give discounts. I did everything I possibly could. MR. HERRIMAN: So you'd be willing to give him back his original deposit? MR. KALLIE: Correct. MR. HERRIMAN: How would you like that, Mr. Smid? MR. SMID: That would satisfy my requirements. MR. HERRIMAN: Problem solved. MR. GUITE': When could you do that? MR. KALLIE: I would need to -- my mother passed away last week, so I'm getting an inheritance. She lived in Australia. It's going to take about a month and a half before I get that money. So I would need two months at the most. CHAIRMAN DICKSON: Do you have anything else you want to present? Because I'm ready to close the public hearing, if you don't. December 19, 2007 MR. KALLIE: No, I don't. 1611 A CHAIRMAN DICKSON: Okay, county, you okay with closing the public hearing? MR. OSSORIO: We're fine, thank you. MR. SMID: May I ask a question, couple of questions? CHAIRMAN DICKSON: You have to go to the podium, sir. We haven't done anything yet, so don't ask us about that. MR. SMID: I didn't plan to. CHAIRMAN DICKSON: Okay. MR. SMID: Did you ever send me anything in writing that Naples Lumber was willing to accept this reduced offer? MR. KALLIE: No. It was -- MR. SMID: Give me a credit for the two -piece window to make it MR. KALLIE: It was done on a conference call between myself, Naples Lumber and you. One of many conference calls that we made to you. MR. SMID: I also spoke with Mr. Tom Nolan of Naples Lumber, and I feel that Naples Lumber was trying very hard to resolve this issue. One of the things that he told me, and I'm sure he would back me up on that, was that he felt that if they went off and bought this two -piece window and invested the money on it that he could not do that without having been paid. Because his quote was, he can't send good money after bad. The fact that he wasn't paid anything for the -- CHAIRMAN DICKSON: I think we've already heard that. That's redundant, yeah, okay. MR. SMID: Okay. CHAIRMAN DICKSON: Any other questions? Go ahead. MR. SMID: Just one other question. When did you change your phone? MR. KALLIE: I'm guessing six months. MR. SMID: Okay, fine. So the phone calls that I made up through December 19, 2007 1611 A the beginning of October or so, they were still getting your voice mail, your voice recording, on your old phone. So that might be -- MR. KALLIE: Well, what's your point? MR. SMID: Well, the phone -- I made the 25 or 30 phone calls. CHAIRMAN DICKSON: But it's immaterial. Let's don't -- MR. SMID: That's all. MR. JOSLIN: One last question I guess I have. Mr. Kallie, did you ever contact Naples Lumber and try to deal with them directly yourself to try to work out the payment situation towards if the six windows that were delivered and the one that was improper or wrong, some payment could be made to them for those six and then work out the differential between the window that was wrong, in the battle that you're trying to fight now for the whole amount? MR. KALLIE: That -- I was in constant contact with Naples Lumber. I was in their premises twice a week. MR. JOSLIN: What I don't understand is out of all the windows that were delivered, none of them were paid for. MR. KALLIE: What I'm trying to say is, it got to a point where Mr. Smid just said I want them taken away, I'm not dealing with you anymore, so it was pointless even taking that avenue. Naples Lumber wanted me to pay their bill in full so they would go and pick up the windows, and I just refused. I wondered -- MR. JOSLIN: You were basically -- MR. KALLIE: -- why they would do that. MR. JOSLIN: -- told that you couldn't come back on the job to finish any windows. MR. KALLIE: Right. MR. JOSLIN: Is this true, Mr. Smid? MR. SMID: No, sir. I have a notebook here that I recorded all my phone calls with Mr. Kallie. MR. JOSLIN: That was just a question. That wasn't something to get into an analysis of what happened. I'm just looking for an answer of Page 83 December 19, 2007 did he mention this to you or did a conversation like A be[ h1ppok MR. SMID: No, I never told him he could not come on the job. He chose not to come on the job. And I did want to have the window resolved because I felt I was in a very precarious position with the way things were. MR. JOSLIN: I understand. MR. KALLIE: I want to refresh Mr. Smid's memory. I had him scheduled for installation on -- and I don't know the exact date. I had a delay on the previous job, I called him and said we can't start on this date, it will have to be on this date. He said, well, I'm leaving, I'm going out of town, I don't want it done. CHAIRMAN DICKSON: Okay, Mr. Neale has got something. That's all. Thank you, Mr. Smid. Go ahead, Mr. Neale. MR. NEALE: Yeah, just that both parties do have the opportunity to give closing arguments before the public hearing is closed. CHAIRMAN DICKSON: Okay. Any other questions? MR. BOYD: Yes. When did you let your contractor's license lapse? Did you not renew it this last term? MR. KALLIE: No, I haven't. MR. BOYD: So since October you haven't been a licensed contractor. MR. KALLIE: Correct. CHAIRMAN DICKSON: Are you registered? MR. KALLIE: Yes. I did the continuing education. CHAIRMAN DICKSON: What's your license number? Don't know your license number? Is it an R or a C? MR. KALLIE: It's an R. CHAIRMAN DICKSON: Okay. Then you haven't been registered as next year. MR. KALLIE: No. December 19, 2007 CHAIRMAN DICKSON: Certified is on the odd years. 161 A MR. OSSORIO: No, it's the opposite. MR. NEALE: No, it's the other way. CHAIRMAN DICKSON: Huh? MR. OSSORIO: Registered is this year. He has not renewed his state registration. It's called inactive. MR. NEALE: His registration has lapsed. MR. OSSORIO: His state certified is even, so it would be -- CHAIRMAN DICKSON: That's right, certified is even. Okay, you answered the question. Anybody else? (No response.) CHAIRMAN DICKSON: I'm dying to close the public hearing, but I can't. I think we have -- only because I think we have a resolution of this case. Closing arguments, Andy? County recommendation? MR. JACKSON: I just wanted to reiterate the fact as far as the abandonment of the job, it's pretty clear that at a very minimum 90 days has gone by with no work. And as far as the material respect for the plans, the issue of the two and three -piece windows should be between Mr. Kallie and Naples Lumber. Mr. Smid is not in contract with Naples Lumber, he's in contract with Mr. Kallie. That's all for me. CHAIRMAN DICKSON: What would the county's recommendation -- I can get that from you later, not now. Mr. Kallie, closing argument? MR. KALLIE: My only closing argument is I had the job scheduled, I wasn't allowed to do it -- I just lost track there -- so I don't feel I abandoned the job. I ordered those windows correctly, I provided proof of that. Naples Lumber messed up. I ordered those windows in good faith. I agree, I contracted with Mr. Smid, not Mr. Smid and Naples Page 85 December 19, 2007A Lumber. But when you order the stuff correctly and it comes v' „ incorrectly, I have no control over that. I did my best to try and resolve a problem, but at each time Mr. Smid refused any offers we made, basically. That's all I've got. CHAIRMAN DICKSON: Thank you, sir. If you could go ahead and sit down. I need a motion to -- Mr. Neale? MR. SMID: May I have my turn as the final -- CHAIRMAN DICKSON: Mr. Neale, what did you have to say? MR. NEALE: Just was -- with the potential resolution, I thought it might be appropriate for county attorney and county staff to speak about it before you close public hearing and start deliberations. CHAIRMAN DICKSON: Okay. So you need a five- minute recess? MR. NEALE: If we would. CHAIRMAN DICKSON: What's your time schedule? MR. GUITE': I'm all right. CHAIRMAN DICKSON: We're going to take a five- minute break, let the county and -- talk with the attorneys here, see if we can resolve this. MR. JOSLIN: We haven't closed the hearing yet, so just sit tight a second. CHAIRMAN DICKSON: We're off the record. Five - minute break. (Recess.) CHAIRMAN DICKSON: Okay, are we ready? Everybody set? I'd like to call back to order the meeting of the Collier County Contractor Licensing Board, December 19th. Mr. Ossorio? MR. OSSORIO: Mr. Chairman, for the record, Mike Ossorio again, Collier County Contractor Licensing. Hopefully this is the last time I speak to you today. December 19, 2007 Our recommendation is, is that we withdraw one chargl (kJtltt A charge would be abandonment, 4.1.3, and we find Mr. Kallie guilty of 4.1.5. Clearly we heard testimony today departing from disregarding any material respects the plans. However, we wish to go ahead and put him on probation for three months until at which time he has offered to pay Mr. Smid back. No recommendation to the state. And he must renew his certificate with our office and renew his state registration by the end of January. And no fines and no penalties. CHAIRMAN DICKSON: One question. Status of the windows. MR. OSSORIO: Well, the windows are Mr. Kallie's. He can do fit what -- he can clearly pick that up. I'm sure Mr. Smid doesn't want the windows. MR. SMID: When I get my money back, they can have the windows and I will sign anything to that effect. MR. OSSORIO: We'll mitigate that when the time comes. Obviously the windows go back. CHAIRMAN DICKSON: Can I do this with a motion, Mr. Neale, instead of finding of fact? Because we're not going to vote on it, or are we? MR. NEALE: Well, what the board can do, probably the board could probably go forth and hold this vote by motion to hold this case in abeyance, subject to the satisfaction of the conditions set out. And if the case is -- if they are not satisfied in a period of time set out, then the case would come back here for further resolution. I think that could be ro = CHAIRMAN DICKSON: Did you get all the conditions as you were typing? THE COURT REPORTER: Yes, thank you. CHAIRMAN DICKSON: And who would like to ditto that in the form of a motion? Page 87 Decetf 6 f I 007 MR. JOSLIN: I'll ditto that in the form of a motion. I don't have to say it, though, do I? CHAIRMAN DICKSON: Exactly what he said was the motion. MR. JOSLIN: Is the motion. MR. GUITE': I've got one concern. What about Naples Lumber in all of this? If they don't take the windows back, then Mr. Kallie -- but he ordered the right windows. MR. JOSLIN: That's a civil suit that will have to go between him and Naples Lumber. CHAIRMAN DICKSON: It's kind of my feelings. That's why once Mr. Smid is paid back he said he would release the windows. That becomes the property of Mr. Kallie, who they have a suit with. Because they didn't file notice to owner or whatever and doesn't have lien rights, that's not my problem, that's their problem. MR. JOSLIN: And if Mr. Kallie does have the paperwork that proves that he did order the right windows and Naples Lumber didn't produce, well, that should be a pretty clear -cut case there. CHAIRMAN DICKSON: Okay, I have a motion, I need a second. MR. GUITE': I'll second it. CHAIRMAN DICKSON: Any discussion? MR. NEALE: I think what you want to get on the record is an agreement of Mr. Kallie and -- to these conditions so that he will know that he's part of the agreement. Because you -- CHAIRMAN DICKSON: Mr. Kallie, would you come up to the podium. MR. NEALE: -- want to make sure that he's going to do it or then you probably should go forward with the case. CHAIRMAN DICKSON: Now, do you understand -- let me repeat the motion, just so everyone's clear. You're going to pay back Mr. Smid the money you owe him within 90 days. MR. KALLIE: Correct. CHAIRMAN DICKSON: That's agreeable? 10 _... December 19, 2007 MR. KALLIE: Agreeable. 1611 A CHAIRMAN DICKSON: And you will reinstate your license within 90 days. MR. JOSLIN: Immediately. CHAIRMAN DICKSON: Immediately, is that -- MR. KALLIE: End of January. CHAIRMAN DICKSON: Is that it, Mr. Ossorio? And if you do -- MR. KALLIE: Mike, did you say end of January? MR. OSSORIO: Yeah. Unfortunately the state has a little maybe like a computer glitch and maybe he has to do some refreshing courses. So the end of January is fine to renew his state registration and his county license is fine. MR. JOSLTN: And was there something mentioned about probation? MR. OSSORIO: Well, I recommend we put him on probation until three months. However, we can suspend that and -- until we come back to the board in three months. MR. NEALE: At this point you really can't put him on probation unless you find him -- MR. JOSLIN: Guilty. MR. NEALE: -- in violation. Right now it's a settlement agreement subject to conditions. MR. JOSLIN: Right. I gotcha. CHAIRMAN DICKSON: So are you good with both of those? MR. KALLIE: I'm good with both of those. CHAIRMAN DICKSON: Do you understand what will happen if you don't do them? MR. KALLIE: I understand. CHAIRMAN DICKSON: It means this case comes back up, we do the findings of fact and the order of the board and then it becomes the county, correct? What's the difference? The county would be the one to initiate restitution, collect restitution? December 19, 2007 MR. NEALE: County could go after his for restitutiol. 6 1 1 A CHAIRMAN DICKSON: Yeah, the county would be coming after you. MR. KALLIE: That will be fine. MR. OSSORIO: Well, Mr. Chairman, what the first thing would happen is we would get a finding of fact that we would actually find him guilty of the charge of disregarding the materials of fact. And then we would petition the licensing board in Tallahassee, due to the fact that he's a state registered tier one contractor. And he could still -- Mr. Smid still has the ability to file for the recovery fund. This is why we don't want to wait too long. But we want to make sure Mr. Kallie pays this homeowner back. And with that said CHAIRMAN DICKSON: Mr. Smid, are you okay with this? MR. SMID: Yes, sir. MR. JOSLIN: Would you come to the podium, please, and make sure that this is in writing. MR. OSSORIO: The money would have to go through our office, though. Mr. Kallie would -- Ian Jackson would initiate within -- through his outlook have a scheduled meeting with Mr. Kallie. Mr. Kallie would give us the money. We would issue a release, and then we'll report back to the board of the closure of this particular case, and Mr. Smid would issue a release of the windows. And that's how it should go. CHAIRMAN DICKSON: Okay. MR. SMID: And I'm fine with that. CHAIRMAN DICKSON: All negotiations will be with the county. The thing that's nice about this, Mr. Smid, we usually don't see homeowners get their money back. We end up doing fines and penalties on a contractor. But the homeowner lost money. So if this works out, you're worlds ahead. Elm. 164119, &07 MR. SMID: Oh, yes, sir. And fines on a contractor are so -- don't do any good, as far as I'm concerned. CHAIRMAN DICKSON: Well, that depends. You ought to see some of our fines. MR. JOSLIN: I think a lot of this stems from both sides of the party, I think you both were placed in a bad situation at a bad time, Mr. Katlin (sic) for ordering windows; possibly he did it in good faith, he tried to get the right windows and was told that way, but didn't. And then from that point out everything just exploded. MR. OSSORIO: Mr. Chairman, I just want to do one -- I want to be pretty clear of Mr. Kallie, that charge, the first charge of abandonment, if we do have a finding of fact and he is charged with abandonment and he's found guilty of it, State Statute 489 will apply due to the fact he took more than 10 percent. So make no mistake about it, that if Mr. Kallie doesn't come back with this money, my next step will be with the Sheriffs Office for State Statute 489. This is why I did not want to press charges under abandonment, if he's going to come into agreement with Mr. Smid. CHAIRMAN DICKSON: Do you have any idea what he's talking about? MR. KALLIE: Not really, no. MR. OSSORIO: Well, maybe -- CHAIRMAN DICKSON: What happens is if you take more than a 10 percent deposit, you have to pull the permit within 60 days and start work within 90 days. And if you don't do both of those, you're automatically guilty of a third - degree felony, which is prosecuted by the state attorney general. MR. KALLIE: I was definitely under the impression that Ian pulled both permits for the hurricane shutters and for the windows. He did on the job before. CHAIRMAN DICKSON: But still, the 90 days elapsed. You have to do both of them. So yeah, and the State Attorney's Office will Page 91 4eUr 12007 prosecute those charges. So you don't want to go there, okay? Get this done. I'm glad we had two gentlemen that could resolve this. I've got a motion and a second. All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. MR. HERRIMAN: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: It's done. MR. KALLIE: Thank you all. CHAIRMAN DICKSON: Wish you well. Both of you have a nice Christmas. MR. SMID: You have one as well. MR. KALLIE: Merry Christmas. MR. OSSORIO: Mr. Chairman, one last housekeeping. Next month the board is going to meet here at 10:30. January. CHAIRMAN DICKSON: What's the date? MR. OSSORIO: January 16th. CHAIRMAN DICKSON: 16th, okay. MR. OSSORIO: And Mr. Chairman, we do have -- Sue Filson does have a request that the chairman is supposed to sign the minutes. So after we close, we have to make sure you sign the minutes so I can turn those over to Sue Filson. She says we have not been doing that. CHAIRMAN DICKSON: No, never. MR. OSSORIO: Well, that's what I tried to explain to her. Also, Mr. Lewis is tendering his resignation. He won't be on the board anymore. CHAIRMAN DICKSON: Mr. Blum is? .:. . 164rier 4, 2007 MR. OSSORIO: Bill Lewis. I did communicate with him yesterday. He is extremely busy in Georgia. He sends his regards and he will be writing us a certified letter resigning from his post as a commissioner. CHAIRMAN DICKSON: Well, he found work in where? MR. OSSORIO: Somewhere in Georgia. CHAIRMAN DICKSON: Good. I'm happy for him. So we wish him well. I appreciate his service on the board for many years as well. So if you'll relay those comments. Anybody else? Otherwise, motion to adjourn. MR. JOSLIN: So moved, Joslin. CHAIRMAN DICKSON: Second? MR. GUITE': Second. CHAIRMAN DICKSON: All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. GUITE': Aye. CHAIRMAN DICKSON: Aye. MR. HERRIMAN: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: I never dreamed this was possible. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:30 p.m. COLLIER COUNTY CONTRACTOR LI CKSON, Chairman DeceI41912ooA These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM .,..., Fiaia Hahas Memorandum To: Sue Filson, Executive Manager From: Judy Puig, Operations Analyst:' I Date: January 9, 2008 Subject: DSAC Minutes Sue, 16 T .� .lwl, + r mssioner9 Enclosed are the DSAC minutes from December 5, 2007 meeting. Marlene Stewart is no longer the staff liaison for this committee. I have replaced her and will be sending the minutes to you. Thanks! V SL res, 1 Date: ¢ "� Item #: Community Development and Environmental Services Office of the Administrator 164 Celer 5, A7 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, December 5, 2007 LET IT BE REMEMBERED, that the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:30 P.M. in REGULAR SESSION in Conference Room #610 in the Collier County Community Development and Environmental Services Center, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: William Varian Charles Abbott James Boughton Clay Brooker David Bryant Dalas Disney David Dunnavant Marco Espinar Blair Foley Reed Jarvi Thomas Masters Robert Mulhere Excused: George Hermanson Fred Reischl Absent: Brian Jones ALSO PRESENT: Joe Schmitt, CDES Administrator Marlene Stewart, Staff Liaison Catherine Fabacher, Principal Planner, LDC Phil Gramatges, Public Utilities Susan Istenes, Director, Zoning & Land Development Review Bob Dunn, Interim Director, Building Review & Permitting Dept. Robert Wiley, Principal Project Manager DecU, lol A I. Call to Order The meeting was called to order by Chairman William Varian at 3:32 PM. A quorum was established. II. Approval of Agenda Mr. Espinar moved to approve the Agenda. Second by Mr. Disney. Carried unanimously, 9 -0. III. Approval of Minutes Chairman Varian stated there was a correction to Page 8 of the October 10, 2007 Minutes. Mr. Brooker moved to approve the Minutes of October 10, 2007 as amended. Second by Mr. Espinar. Carried unanimously, 9 -0. Mr. Brooker moved to approve the Minutes of November 7, 2007 as submitted. Second By Mr. Espinar. Carried unanimously, 9 -0. IV. Staff Announcements /Updates B. Transportation Division Update No report. D. Fire Review Update No report. C. Public Utilities Update — Phil Gramatges Mr. Gramatges stated Public Utilities is developing a Master Plan to be submitted in 2008. Purchase orders have been issued. It is anticipated that the Master Plan will be presented to the Committee and the BCC during May, 2008. He asked for clarification from the Committee regarding the fees for Hydraulic Modeling required to determine capacity for new developments. He asked if the Committee preferred the fees to be presented at the SDP stage, and not at the time of the PUD. If acceptable, he stated it will be modified accordingly. He stated he would present revised language at the next meeting. Mr. Mulhere stated while he was not sure that the Committee supported charging the fee itself, he felt all agreed the more appropriate time to charge it was during the SDP The Certificate of Adequate Public Facilities is issued at the time of the SDP, not at the PUD. Mr. Gramatges proposed bringing this issue back at the next meeting. (3: 40PM - Reed Jarvi arrived) A. CDES Update — Joe Schmitt • The Fee Schedule was presented to the Board of County Commissioners but the BCC requested revisions and it will be presented again on December 1 1, 2007. • The Executive Summary (attached) delineated the increases in costs for the Board's review. DeL eer5I2007 A (3: 45PM— David Bryant arrived) With reference to the down -turn in workload, Mr. Schmitt stated there are 37 unfilled positions in his department. He has eliminated two Department Manager positions and has cut his budget by 33 percent. He stated that approximately 10 to 20 more positions may be eliminated. Other options include reducing the work week to 32— 36 hour. Levels of service will be impacted. He will advise the Committee when an option has been chosen for implementation. (3: 48PM— Tom Masters arrived) Mr. Foley suggested staggering hours during the work week. Chairman Varian asked about the status of vehicles for Inspectors. Mr. Schmitt stated all unassigned vehicles will be turned in. Mr. Foley asked if the fees paid were reimbursed to the developer if a project died. Mr. Schmitt responded that unless specifically requested in writing, fees are not reimbursed. If a request were to be made, fees would not be reimbursed for all inspections performed. He stated a plan was in development to extend the time frames and will be brought to the Board for approval. Mr. Schmitt stated the increase in Impact Fees takes effect as of January 1, 2008. Chairman Varian asked about the 61 -G -15 Reviews. Mr. Schmitt stated the Fire Review Task Force informed him that all Reviews will be returned to the Building Department as of January 1, 2008. He stated Ed Riley will review subcontractor submissions but not original designs. The process is in transition at this time, but a final permit will not be issued without approval by a Fire Code official. Mr. Disney asked how did it happen that an administrative review document (61 -G- 15) became a plan review document? Mr. Schmitt stated the process was supposed to eliminate problems. Chairman Varian asked about the DEP employees on staff. Mr. Schmitt stated he was paying $90,000 as part of the permitting process in the Estates. The DEP grant was eliminated as a cost cutting measure. Chairman Varian stated he received complaints concerning the $300 fee. Mr. Schmitt stated the BCC approved his request to assess a $300 fee to perform a survey for wetlands determination. Mr. Lorenz stated the DEP will train the County's personnel in order to perform this function. He stated that vegetation along the property line will be cut by a surveyor. He stated he will make sure that the industry is informed of this change. Mr. Espinar suggested modifying the fee schedule to consider lot size when charging a fee instead of charging a flat fee of $300.00. There was further discussion concerning 61 -G -15 and engineer reviews Dece"I' 20171 A Mr. Schmitt stated the Building Department is sorting through the process, and will ensure that nothing is asked for that is not required by Statute. He asked the Committee to clarify the fees previously approved to be charged for Affordable Housing permits: 1,000 square foot house — permit fee will be 23% less 1,500 square foot house — permit fee will be 13% less 2,000 square foot house — permit fee will be 7% less 2,500 square foot house — permit fee will be 3.85% less 3,000 square foot house — permit fee will be 1 % less He stated fees will increase for permit applications of 3,500 square feet and larger. V. Old Business A. Fee Changes — Susan lstenes, Zoning Director Ms. Istenes stated the Department would like to submit a lesser fee to contractors when they submit a sheet change -out. Previously, contractors had been permitted to make changes in certain situations without clear policy guidelines. The intent is to eliminate charging a full re- submittal fee for a minor change. The proposed sheet trade out fee is $35.00. Acceptable situations will be defined. Staff review is required to assure compliance. This proposal will be submitted to the Board at its next meeting. Mr. Bryant moved to approve the sheet change -out fee subject to formal policy or procedures being submitted for review at the next DSAC meeting. Second by Mr. Foley. Carried unanimously, 12 -0. B. Interim Watershed Management Regulations Standards — Robert Wiley Mr. Wiley stated the Amendment was back for review pursuant to Committee's request.. A copy of the revised Amendment Request was distributed. In response to a question from Chairman Varian, Mr. Wiley stated that if the footprint of an impervious area is not increased, nothing would be triggered and a retrofit would not be considered to be a redevelopment. Mr. Mulhere asked about the criteria used to determine when floodplain compensation should be used in one area as opposed to another. A draft map was distributed to the Committee to help define seasonal wetlands subject to flooding and drainage problem areas. Mr. Espinar requested more definitive information concerning wetlands. Discussion ensued concerning the requirement for a project to meet 150% water quality treatment standards and the detrimental effect of that requirement upon the redevelopment of older areas. If it is only an "interim" requirement and may be changed again, the Committee questioned why it was included. The Committee agreed that existing problems should be rectified as part of a redevelopment project, but wanted fairness for the business owners who were trying to revitalize their older properties. a Decef t, 2101 A Mr. Mulhere stated the phrase "to the greatest extent possible, a site shall be brought into compliance" has been used by the County in various sections of the Code. He suggested striking the second sentence of Paragraph "A" and substituting, "In such cases, the following interim regulations shall be met to the greatest degree possible or greatest extent possible." (The "following" would be Paragraphs "B" through "G. ") He added, "At a minimum, such redevelopment shall provide 100% of the water quality volumetric requirements of Section 5.2. ] (a). " Mr. Wiley agreed that the requirement of 100% of water quality should be based upon assessed value provided there was no change to the square footage of the project. He stressed the goal was to correct existing problems as part of any redevelopment. Mr. Mulhere suggested striking the second sentence in Paragraph "A" and revising the first sentence to clarify that, in redevelopment projects, interim standards are not triggered unless 50% of the total impervious on -site area is exceeded. A sentence could be substituted for the strike - through to read, "In such cases the following interim regulations shall be met to the greatest degree feasible. At a minimum, such regulations shall provide for an increase in the amount of water quality treatment. The determination of improvements needed to meet the greatest extentfeasible'shall be made by the County Engineer. The County Engineer's decision may be appealed to the Board of Zoning Appeals pursuant to the provisions set forth in Section -------- Mr. Jarvi asked for definition of Paragraph F. He asked if the basis could be a 25 -year storm event. It was decided to add the term, "based on a 25 -year, 3 -day design storm" to the end of the sentence. Mr. Wiley agreed to change renumber Paragraph "B" to Paragraph "A," and to change [former] Paragraph "A" to Subparagraph (2). Mr. Mulhere moved to substitute the language set forth above in place of the second sentence of [new/ Paragraph "A. " Second by Mr. Brooker. Mr. Espinar objected to the exhibit as provided. Mr. Disney objected to voting on language which he did not feel was clear enough. Mr. Mulhere amended his motion to strike through the second sentence of Paragraph "A" and to add language that allows, in the case of redevelopment, to meet the interim requirements to the greatest extent possible as determined by the County Engineer with an appeal process available should the applicant disagree. 'fhe Committee suggested that, in the first sentence of Paragraph "A," the phrase "50% of building footprint or" should be removed and that the words, "and redevelopment" should be removed from the first sentence of [old] Paragraph `B." Mr. Mulhere continued with his amended motion: In addition the method of determining redevelopment shall be the total impervious on the site and in such 16+12007 A cases where the additional impervious exceeds 50% of the existing total impervious. He further moved to strike through the words, "and redevelopment "from the first Sentence of Paragraph "B. " Hefurther moved, in Paragraph "F, "the basis of the design was the 25 year, 3 -day design storm, and that the accompanying map was not approved. Second by Mr. Brooker. Carried unanimously, 12 -0. B. Floor Management Plan 2008 — Presentation /Discussion/Vote — Robert Wiley Due to time constraints, the presentation was not made. Mr. Wiley stated the Flood Management Plan will be presented to the BCC at its next meeting, and will not be presented to the Committee. VI. New Business A. DSAC Applications — Review /Endorsement Chairman Varian stated the terms for six Committee members would expire at the conclusion of the meeting. Four members submitted applications for re- appointment. A second advertisement will be placed for the remaining two positions. Mr. Mulhere moved to accept the four applications and to recommend them to the BCC for re- appointment. Second by Mr. Bryant. Carried unanimously, 12 -0. VII. Member Comments The next DSAC Meeting was scheduled to be held on January 2, 2008. Committee members suggested changing the date to later in the month. Mr. Disney moved to schedule the next DSAC meeting for January 9,1008. Second by Mr. Mulhere. Carried unanimously, 12 -0. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:20PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE c ��1 William Varian, Chairman These Minutes `xipre approved by the Board /Committee on as presented _ , or as amended Fiala Halas Hennin (loyle Colett'e December 19 y2p06 1 A MINUTES OF THE MEETING OF THE COLLIER COUNTY EAST OF 951 INFRASTRUCTURE AND SERVICES HORIZON STUDY PUBLIC PARTICIPATION MASTER PLAN COMMITTEE *.:,t' t- k, Naples, Florida, December 19, 2006 LET IT BE REMEMBERED, that the East of 951 Infrastructure and 1:1pI I. I L ­kW .,v , ::"" Services Horizon Study Public Participation Master Plan Committee in and for the County of Collier, having conducted business herein, met on this date at 7:00 PM in REGULAR SESSION at the Collier County Agricultural Extension Office, 14700 Immokalee Road, Naples, Florida with the following members present: Chairman: Bill McDaniel Linda Hartman (Vice Chairman) Jeanne Alleman - Absent Michael Dedio Thomas Jones Kenneth Lynch Timothy Nance Stephen Price — Absent Russell Priddy — Absent Douglas Rankin Richard Rice Christian Spilker Clarence Tears Mark Teaters Kris Van Lengen Misc. Comes: l,- (4k f ALSO PRESENT: Mike Bosi, Community Planning & Redeptbo np �enLMauager-- temUld�G Decemlr 6 f 01 /1 Call to Order The meeting was called to order at 7:02 PM with the Pledge of Allegiance by Chairman Bill McDaniel. 2. Roll Call Roll call was taken and a quorum was established. 3. Approval of Agenda Ms. Hartman moved to approve the agenda. Second by Mr. Rice. Motion carried unanimously 12 -0. 4. Approval of Minutes • October 16, 2006 —Regular Meeting Minutes November 27, 2006 — Regular Meeting Minutes Mr. Van Lengen stated that in the second section of the minutes "Committee Members' discuss their expectations of the committee," his comment was recorded as: soliciting the public's opinion is the role of the committee, not guidance. He corrected this to: soliciting public opinion is the role of the committee, as well as guidance, not substituting its judgment for that of the public. Mr. Nance noted that the minutes incorrectly indicated that Clarence Thomas made a motion to develop a questionnaire. The motion was made by Clarence Tears. Mr. Rice stated that Mr. Van Lengen's comments started as second Clarence. At that time Clarence Tears had not made a motion that required a second; perhaps Mr. Van Lengen had indicated agreement with Mr. Tears. The words second Clarence should be deleted Ms. Hartman moved to approve the minutes for October 16, 2006 and the minutes for November 27, 2006 as amended. Second by Mr. Nance. Motion carried unanimously 12 -0. 5. Presentation of Inter -Active Growth Model by Van Buskirk, Ryffel and Associates, Inc. Mr. Bosi stated that Collier County has recently entered into a contract with a consulting firm to develop the Collier Inter -Active Growth Model. He introduced Dr. Paul Van Buskirk, President, and Carleton Ryffel, Vice President, of Van Buskirk, Ryffel and Associates, Inc. who gave a presentation to the Committee about the work that they will be doing for Collier County. The Collier Inter - Active Growth Model will be applied to the area east of 951 and some areas to the immediate west that are contiguous with 951 to forecast build- 2 December 1906 1 1 n out population and distribution. The Model will forecast when and where growth will take place, and will facilitate planning to manage growth and its impacts, including recommendations for land uses by type and distribution to address the needs of the population over time. The project will take about eighteen months to complete. Staff from the Comprehensive Planning Department and others within the County will provide the data needed for the Model, and will review outputs as they occur in monthly meetings. In addition, the East of 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee will be asked to review progress and provide comments and insights on a quarterly basis. The Model will produce a population forecast to build -out in five -year increments. The County's own preliminary build -out population estimate is 700,000. The Model will distribute the population through the study area and use the population allocation and distribution to work with various sub - models. Some examples of sub - models are the following: • Commercial - this determines demand for commercial (retail and office) space to meet the needs of the population. • Industrial development — a design model based on what the community wants. • Schools - this forecasts school enrollment and the need for elementary, middle and high school sites, and their distribution and timing. • Parks - this determines the amount of parks necessary to meet the demands of the population. • Fire service - this determines the sequencing of fire service facilities over time. • Utilities - master plans The Model has approximately 50 variables including population, housing, utility extensions, transportation network, and school enrollment. Changing one variable in the Model influences the other variables to create a "What -If' scenario. The work tasks are as follows: • Organization — meeting with staff and going through orientation. This meeting is part of the Organization task. • Inventory Analysis (2 months) — collecting data There will be a meeting with this Committee at the end of the inventory analysis phase (in March) to seek input and comments from Committee members. • Data Base (2 months) — loading up the computer model with the data After this is done the build -out scenario will be finished and there will be another meeting with this Committee. • Population Forecast (3 months) — population projections and the distribution of the population. There will be another meeting with the Decerrl& tool e Committee to enable Committee members to review and comment on results. • Development of the Sub - models. Information from the sub - models will be incorporated into the growth model. There will be meetings with the Committee for feedback in the middle of this phase and at the end of it. • Development of the Collier Interactive Growth Model (3 months). This phase will involve staff which will have to maintain and run the model over time. • Maintenance (the last month). A manual will be developed for staff. After the presentation, Committee member comments and responses from the consultants (in italics) included the following: There is concern that the consultants will deliver a final product without giving members of this Committee the opportunity for input which is important because of their experience with the community at large. As noted in the discussion of Work Tasks, the consultants will meet with the Committee regularly to review its progress and provide opportunity for input. Has the County asked to have police, fire and schools co- located? There will be opportunities to review output and make changes that are appropriate, including co- locating facilities. The community has some quirks that will need to be addressed such as lot sizes that vary significantly, and some areas that will require all public services, while others will not (like the Estates which will not require utilities). Every community has unique features. Different communities within the study area will be identified as clusters or growth centers which have their own unique requirements. There is concern about increased road construction costs and availability of road contractors when work on widening I -75 begins. Some Committee members did not share this concern, and there is currently no answer. 18 months seems to be an ambitious time schedule for the study. There is an 18 -month schedule, but a 24 -month window. If a phase scheduled for two months takes three months, the extra time will be taken to do it right. There is concern about what the Committee should do for the next 18 to 24 months until the study is finished, as study results are needed to make informed decisions to recommend to the County and staff. Mr. Bosi noted that the BCC asked the Committee to go out and get input and attitudes from individuals within the study area towards growth, the types of services that they are looking for, and the cost of growth. This information will be important input to the study. DecU 1l, 2406 Chairman McDaniel noted that, although the Committee was established with two -year tenure to September 2008, the Committee or some derivative of it won't ever go away. It will be needed to help the government leaders make decisions, especially if three quarters of the County's population is going to live east of 951. 6. Public Comments • Speaker 91: It will be very challenging to integrate the Estates, the town of Ave Maria and Big Cypress. Discussion of refined time -line Mr. Bosi — distributed and reviewed a Revised Time -line (Attached). The consulting firm that will help this Committee prepare survey questionnaires related to the public participation process, Frasier, Mohkle, will start on January 9, 2007. Chuck Mohkle is expected to attend this Committee's next meeting on January 22, 2007, and he will be asked to have the basis of what will be in a preliminary survey, as per a motion to develop this survey made by Mr. Tears in the November 27, 2006 meeting. In addition, the first public participation meeting will be in April, and the media should be used to invite as many people to these meetings as possible. Mr. Rankin added that today's presenters need to be integrated into the time -line. He expressed concern that there will only be one survey and that the survey data will not be available until the end, after the Committee is done. Mr. Bosi noted the time -line is tentative, and timing concerns can be discussed with Mr. Mohkle at the next meeting. Chairman McDaniel stated this is a plan that the Committee can go with and adjust as necessary over time. This can also be used as notification for the public as to what the Committee is doing. 8. Web site update Mr. Bosi stated that at www.colliergov.net, a highlighted link to the East 951 study is available under Comprehensive Planning. That link provides access to the agendas and minutes for the October and November Committee meetings, and the agenda for the next meeting. Information Technology is in the process of integrating a message board on the web site for anyone who wants to provide input relative to the study. Starting in a couple of months Committee meetings will be digitally recorded, and those audio files will be accessible on the web page so that anyone can listen to what was said at the meetings. Mr. Mohkle has indicated that surveys should not be done using the web site, as there is a high risk that the results would be contaminated. He is also reluctant to use the newspaper for a survey as a specific interest group can make copies of the survey and skew the results. He mentioned using voter registration records for the survey, and this needs to be discussed further with him; there is some concern that using voter registration records may not produce results that are racially and economically reflective of the community. December 19, 20061 A Mr. Lynch added that the Committee needs to be driven by public input, and it is important to get that as early as possible. 9. Neat Meeting Date/Location 1. January 22, 2007 — 7:00 PM — Collier County Agricultural Extension Office, 14700 Immokalee Road, Naples, Florida. Mr. Lynch moved to set 7:00 PM as the regular starting time for future Committee meetings. Second by Mr. Rice. Motion carried unanimously 12 -0. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 8 :46 PM. COLLIER COUNTY EAST OF 951 INFRASTRUCTURE AND SERVICES HORIZON STUDY PUBLIC PARTICIPATION MASTER PLAN COMMITTEE January 1,64 1 A MINUTES OF THE MEETING OF THE COLLIER COUNTY EAST OF 951 INFRASTRUCTURE AND SERVICES RIZON STUDY PUBLIC PARTICIPATION *6lalas - MASTER PLAN COMMITTEE Naples, Florida, a January 22, 2007 „ jptt LET IT BE REMEMBERED, that the East of 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee in and for the County of Collier, having conducted business herein, met on this date at 7:00 PM in REGULAR SESSION at the Collier County Agricultural Extension Office, 14700 Immokalee Road, Naples, Florida with the following members present: Chairman: Bill McDaniel Linda Hartman (Vice Chairman) Jeanne Alleman Michael Dedio - Absent Thomas Jones Kenneth Lynch — Absent Timothy Nance Stephen Price — Absent Russell Priddy Douglas Rankin Richard Rice Christian Spilker Clarence Tears Mark Teaters Kris Van Lengen — Absent ALSO PRESENT: Mike Bosi, Community Planning & Redevelopment Manager Misc. Correffs. Date: Item , cpies to JanuJA017 1 A 1. Call to Order The meeting was called to order at 7:02 PM with the Pledge of Allegiance by Chairman Bill McDaniel. 2. Roll Call Roll call was taken and a quorum was established. 3. Approval of Agenda Ms. Hartman moved to approve the agenda. Second by Mr. Rice. Motion carried unanimously 11 -0. 4. Approval of Minutes • December 19, 2006 — Regular Meeting Minutes Mr. Teaters moved to approve the minutes for December 19, 2007. Second by Mr. Rice. Motion carried unanimously 11 -0. 5. Introduction of Mr. Chuck Mohlke of Fraser, Mohlke & Associates by Chairman McDaniel Mohlke — "Cautious to prepare a preliminary questionnaire before directly inter- acting with the Committee. Needs an understanding of where the Committee wants to go before completing an initial survey." Mohlke — Handed out a questionnaire of the Golden Gate Restudy for the Committee to review. Mohlke — Provided details to the dynamics behind questionnaire. Respondents need motivation to respond. Can't always reach intended survey sample Rankin — ask the question, "Who are we catering to with polling ?" Mohlke — Believes effort needs to get outline of potential development from large property owners, Collier Enterprise, Barron Collier, Blockers, but need to be careful with info that's provided, due to proprietary information. Jones — Stated, "Rural Lands have to fiscally neutral to the county, but LOSS are not dictated by regulations and such Level of Service Standards (LOSS) needs to be identified." Committee agrees that they need to engage larger property owners in rural lands on their attitude towards LOSS. January2�0 Spilker — Asks the question, "Has translation services been considered into the process due to number of non- english speaking residents in study area? Hartman — Concerned of alienating people by assuming they do not speak English. Mohlke — Indicated can use a survey that has both languages. Priddy — No different than instructions provided in washing machines. Rankin — Streets in the estates will have to use both languages. Mohlke — May need community meetings where there has been little response to survey. Mohlke — Survey sample development a very important part of process. Teaters — Need Haitian and Creole translations. Hartman — Asks question, "What was the rate of return for Golden Gate Restudy ?" Mohlke — "20 %" The committee entered into a discussion on the type of survey that could be used, global verse local survey. Nance — Have to answer question on LOSS identified in preliminary report. McDaniel — Have to identify what are the LOSS desired and how and who is going to pay for it. Tears — Need to focus on infrastructure and services desired. Mohlke — Committee may want common questions that are in every questionnaire, with variations on other questions asked depending upon target sampling. Hartman — Asks question, "How well can we advertise, because lack of advertising hurt GG Restudy process? Also, "How long before we get a survey out? Rankin — Fully expects lack of participation, money would be better spent on mail questionnaire with theme what do you want and what do you want to pay for? Januaryl260 f 1 A Teaters — asks question, "Are we talking about one questionnaire for entire area ?" Mohlke — There will be common questions for each, but also unique questions towards meeting agenda or sample group. McDaniel —For February 12`h meeting request from Mohlke a draft questionnaire based upon the preliminary report, which will allow the group to move on to more specifics. Mohlke — Asks committee to go through Restudy questionnaire provided to group earlier and circle questions they found important. Rankin — Rural lands will develop demographic similar to the coastal area, how can we adjust responses to reflect people who wi11 be there in the future? Mohlke — There are populations that we can't get to due to age or not living there yet, need methods to try and extrapolate their preferences. McDaniel — statement to the committee, review Golden Gate restudy survey and indicate what you want to see in a questionnaire. To Mohlke, come back in February with questionnaire based on preliminary report and committee member's preferences. McDaniel — Wants list of homeowner associations in area Alleman — Meetings need to be informative and not dull. McDaniel — Committee must focus and ask large macro level questions Mohlke — Staff will act as information conduit between committee and consultant 6. Public Comment Peggy Whitbeck, "Many homeowners associations in area, may want to target specific groups for survey." Scott Stamets, Collier County Sheriffs Department — Wants the committee to keep in mind that the Sheriffs department wants to pool people as to their desired services, may present opportunity for both groups to work together. 7. Neat Meeting Date"cation 1. Febraury 12, 2007 — 7:00 PM — Collier County Agricultural Extension Office, 14700 Immokalee Road, Naples, Florida. 0 January 2J267 1 1 A There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 8:40 PM. COLLIER COUNTY EAST OF 951 INFRASTRUCTURE AND SERVICES HORIZON STUDY PUBLIC PARTICIPATION MASTER PLAN COMMITTEE Fiala Halas Henning Coyle 1611 A June 11, 2007 :plena z:.------ .----- --- .._. MINUTES OF THE MEETING OF THE COLLIER COUNTY EAST OF 951 INFRASTRUCTURE AND SERVICES HORIZON STUDY PUBLIC PARICIPATION MASTER PLAN COMMITTEE Naples, Florida, June 11, 2007 LET IT BE REMEMBERED, that the Collier County East 'of §51 Infrastructure and Services Horizon Study Public Participation Master Plan Committee in and for the County of Collier, having conducted business herein, met on this date at 7:00 PM in REGULAR SESSION at the Collier County Agricultural Extension Office, 14700 Immokalee Road, with the following members present: Chairman: Bill McDaniel Vice Chair: Linda Hartman Michael Dedio Kenneth Lynch Timothy Nance Douglas Rankin Richard Rice Christian Spilker Mark Teaters Kris Van Lengen Jeanne Alleman (excused) Clarence Tears (excused) Thomas Jones (absent) Stephen Price (absent) Russell Priddy (absent) ALSO PRESENT: Mike Bosi, Community Planning and Redevelopment Manager The meeting was called to order by Chairman Bill McDaniel at 7:06 p.m. L Pledge of Allemiance Misc. Cones: Pledge of Allegiance was recited. date: 1I. Roll Call Item =�9 >3 c.CDes to' / J 1 §,laol A A quorum was established. II1. Approval of Agenda Ms. Hartman moved to approve the agenda. Second by Mr. Rankin. Carried unanimously 10 -0. IV. Approval of Meetine Minutes Mr. Rankin moved to approve the Minutes of the meeting held on May 14, 2007. Second by Ms. Hartman. Carried unanimously 10 -0. V. Presentation by Collier County Sheriffs Office • Service area: 1,210,618 acres • Current population: 75,000 • Projected population (2049): 688,489 • Increase: approximately 14,607 new residents per year • 12 schools are planned to be built • 4 schools are scheduled to open in 2008 • Student population: 15,890 • 2006 Service calls (general public): 64,952 • 2006 Service calls (field initiated): 233,154 • Response time (general public): 6.54 minutes • Response time (field initiated): 1.52 minutes • Six districts in patrol division • All districts report to Sheriff who reviews staffing needs • Number one complaint: traffic congestion • A minimum of one new jail will be built General discussion after the presentation centered on the number of deputies available at this time (approximately 1.48 per 1,000 residents). It was anticipated that, in five years, there will be an additional 108 deputies available. The cost to place one officer in the field is approximately $140,000 between training and equipment. Population will determine the response time desired and what the residents are willing to pay for the service. Municipalities can contract for on -site deputies. If communities want more visible patrols, quicker response times, and smaller patrol areas, they will need to pay for more officers. Additional questions were asked concerning how population increases are calculated. The Ride -Along Program is still active and the Committee Members were encouraged to participate to obtain a better understanding of how the Sherrif 's Department functions in the field. The Sheriff's Department will make this presentation available on their website in the near future. W A June 11, 2007 VI. Discussion of Public Ouestionnaire Mr. Mohlke asked for suggestions from the Committee Members for topics to be included in the questionnaire. Committee members stated objections to questions that asked for "feelings" rather than facts; they felt the answers would be skewed and would not be reliable. Mr. Mohlke stated that he could rephrase questions using a paragraph format that would require the individual to exercise his/her reading comprehension. Committee members expressed concern that the paragraph might be "leading" to a desired response. It was suggested that a special meeting be scheduled for the members to focus solely on the questionnaire. A date in August was suggested. The Chair tabled discussion until the next meeting. VII. Discussion of future Public Participation Meetine The next meeting is scheduled for July 9, 2007. There will be presentations by Amanda Townsend of Parks and Recreations, and by the Sheriff's Department. It was suggested to schedule Ms. Townsend's presentation on the agenda prior to the Sheriffs Department presentation. VIII. Public Comments /Questions: There were a number of questions from the general public in attendance related to the Sherriff's presentation in regard to the number of calls received in the area east of CR951 and the number of calls received west of CR951. Additional questions focused upon number of officers per thousand in the Study area. The Sherrifrs department responded to each of these inquires with either answers or commitments that those answers would be provided during the July 91b Public Participation Meeting. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 9:04 p.m. COLLIER COUNTY EAST OF 951 INFRASTRUCTURE AND SERVICES HORIZON STUDY PUBLIC PARTICIPUIIl71 - MASTER PLAN COMMITTEE Bill McDaniel These Minutes approved by the Board/Committee on as presented or as amended. Fiala x4 Halas Henning �} ,oyle � ,WTT?S4MTHE MEETING OF THE COLLIER COUNTY EAST OF 951 INFRASTRUCTURE AND SERVICES HORIZON STUDY PUBLIC PARTICIPATION MASTER PLAN COMMITTEE b ? 1{` Naples, Florida, August 13, 2007 LET IT BE REMEMBERED, that the Collier County East of 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee in and for the County of Collier, having conducted business herein, met on this date at 7:00 PM in REGULAR SESSION at the Collier County Agricultural Extension Office, 14700 Immokalee Road, with the following members present: Chairman: Bill McDaniel Vice Chair: Linda Hartman Kenneth Lynch Timothy Nance Douglas Rankin Russell Priddy Stephen Price Kris Van Lengen Mark Teaters Thomas Jones Clarence Tears (excused) Richard Rice (excused) Michael Dedio (excused) Jeanne Alleman (absent) Christian Spilker (absent) ALSO PRESENT: Mike Bosi, Community Planning and Redevelopment Manager Misc. Cones: Date. tem I to J US11311007 The meeting was called to order by Chairman Bill McDaniel at 7:05 p.m. Pledge of Allegiance Pledge of Allegiance was recited. I. Roll Call A quorum was established. II. Approval of Agenda Ms. Hartman moved to approve the agenda. Second by Mr. Teaters. Carried unanimously, 9 -0. III. Approval of Meeting Minutes Corrections: (a) Mr. Priddy had notified the Committee of his absence by email and should have been noted as "excused." (b) The last page stated the next meeting as "July 9, 2007' instead of August 13, 2007. (c) The word "participation" had been misspelled. Mr. Nance moved to approve the Minutes of the meeting held on July 9, 2007 as amended. Second by Ms. Hartman. Carried unanimously 9 -0. IV. Presentation by Emergency Medical Services Jeff Page, chief of Emergency Medical Services, and Dave Stedman made a presentation to the Committee. A copy of the presentation had previously been distributed to the Committee. Mr. Stedman stated the conclusions had remained the same. The costs have been updated to reflect increases in capital costs. He stated the level of standard was tied directly to the population which equates to one vehicle for every 15,000 people. "Level 2" service had made the maximum use of co- location placement of vehicles to save money. The disadvantage is that both fire and EMS services arrive at the same location at the same time. If EMS and fire services are at different locations, one service will arrive sooner. Co- location does not allow for maximum coverage of an area. Response time goal is ten minutes or less for each call. "Level 3" optimally has stand -alone stations to provide the maximum coverage but is very expensive and not economically feasible. 164st1, 2007H There are two helicopters which are separately located. This allows for more uniform coverage over the entire County. The helicopters are only used for trauma alerts. Most of the helicopter usage is in concentrated in the eastern section of the County, i.e., "Alligator Alley." Fire departments currently outnumber EMS by 2 to I as far as personnel and vehicles. A study is being conducted by a consultant group to examine and evaluate the level of service standards to determine if the levels are appropriate or need to be changed. There are 19 licensed ALS ( "Assisted Life Support") engines currently located throughout the County which carry a paramedic or an EMT ( "Emergency Medical Technician") which increases the ALS capability. The location of the call primarily determines whether the fire service or the EMS arrives first. Staffing issues are problems that must be addressed by each Fire Chief. In this fiscal year, 42% of the budget was derived from ad valorem tax dollars and the balance was from revenue (user fees). If EMS co- locates in a fire station and pays to build part of the station, the funds come from impact fees. If EMS leases, the funds are derived from the operating budget. In response to a question from the Committee, Mr. Paige stated all future growth will come from impact fees, and funds for replacement of equipment will come from the operating fund. (Mr. Thomas Jones arrived at 7.20 PM.) When asked if EMS has an excess of impact fee funds, Mr. Paige stated there would be a deficit for this fiscal year. Mr. Price asked if having one unit for 15,000 residents takes into consideration the turn around time to get a vehicle back into service. He asked if the same level of service can be maintained in different areas of the County. Mr. Page stated if the units are not properly placed within a zone, the response times will be longer. He stated that the City of Naples may need one unit for each 20,000 of population with a twenty minute response time. Mr. Page stated the number of units is dictated by the population in a zone, and it is up to EMS to determine the placement of the units. He further stated they will wait for the report from the Consultant before any adjustments to location are made. Mr. Van Lengen asked if the EMS was identifying raw land that could be purchased 1 0 13,107 for future building sites. Mr. Page stated the available property has been identified but that tax reforms are affecting the EMS budget which has been reduced by $500,000. A question was asked concerning Ave Maria and how it affected EMS service. Mr. Page stated Ave Maria is providing space for a unit and building a permanent facility at no cost to either the Fire District or to EMS. A discussion of fiscal neutrality ensued. If every new development offered the same program, would the service provided be the same or less. Mr. Page stated that of the four growth units that were planned for 2007, one property in Heritage Bay did not have any land costs associated with it and saved approximately $900,000 for EMS. A 3 -acre parcel was purchased from Collier County Transportation for approximately $250,000. There is another facility being built together with a waster water plant in North Naples and there was no cost for the land. Chairman McDaniel asked what could be done to assist EMS in becoming more pro- active. Mr. Page stated the AUIR presented a worst -case scenario and while consolidation or co- location is the best option, the Fire Department must also agree. It was suggested the revisions should to be made to the Land Development Code to ensure that future PUDs incorporate lands for the Fire Department and EMS into their development plans. V. Ouestions from Public When asked who the best partner for EMS was, Mr. Page stated the City of Marco, the City of Naples and North Naples. When asked which area has the most calls, Mr. Page stated Golden Gate City, East Naples and North Naples. When asked why North Naples had so many calls, it was pointed out the area also has the highest concentration of nursing homes. Mr. Page pointed out that NCH has its own transport but that private providers are not licensed for any type of emergency. He stated these private carriers function more like a private bus service. When asked if there was any property being held for EMS by land trusts, Mr. Page 1 6' Lst 12007 stated there are possible joint locations with the Fire Department in the Big Corkscrew area. When questioned about Class "A" and Class "B" developments, Mike Bosi provided an explanation concerning the difference between the two classifications. VI. Discussion of Committee Vacancy Mike Bosi stated a list of candidates was complied and the BCC will make a decision by the September 28a' meeting. Chairman McDaniel stated he will make a 9resentation to update the BCC on the progress of the Committee on September 11 . He asked the Committee members for suggestions concerning his presentation. Ms. Hartman asked the Chairman if he would reiterate the purpose of this Committee "as we see if' to the BCC. Another concern stated was in regard to the calculations used to provide services for low- density areas. The Chairman was asked to remind the BCC that the cost of water and sewer service is prohibitive and the public has been vocal on this issue – they are opposed to any increases. VII. Discussion of Ouestionnaire Mr. Rankin suggested that the November meeting should concentrate completely on the results of the survey to make sure that it is ready to be issued to the public. Mr. Molke stated that the questionnaires would be ready. VIIL Next Meetine The next meeting is scheduled for September 10, 2007 at 7:00 PM. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 8:35PM. COLLIER COUNTY EAST OF 951 INFRASTRUCTURE AND SERVICES-HORIZON STUDY PUBLIC PARTICJPTRON Bill McDaniel These Minutes were approved by the Board/Committee Chair on as presented or as amended A- 1618 7 07 MINUTES OF THE MEETING OF THE COLLIER COUNTY EAST OF 951 INFRASTRUCTURE AND SERVICES HORIZON ( S, TTUDY PUBLIC PARTICIPATION MASTER PLAN Fiala COMMITTEE Halas F Henning — ;ogle Naples, Florida, October 8, 2007 ,�oletta - — LET IT BE REMEMBERED, that the Collier County East of 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee in and for the County of Collier, having conducted business herein, met on this date at 7:00 PM in REGULAR SESSION at the Collier County Agricultural Extension Office, 14700 Immokalee Road, with the following members present: Chairman: Bill McDaniel Vice Chair: Linda Hartman (excused) David Farmer Timothy Nance Kris Van Lengen Mark Teaters Douglas Rankin Michael Ramsey Richard Rice Thomas Jones (excused) Russell Priddy (excused) Kenneth Lynch (absent) Stephen Price (absent) Christian Spilker (absent) Clarence Tears (absent) ALSO PRESENT: Michael Bosi, Community Planning and Redevelopment Manager Misc. Comes: m Date: \ ('� � 1 `> Item tc J i6tler$ 2007 The meeting was called to order by Chairman Bill McDaniel at 7:15PM. The Pledge of Allegiance was recited. I. Roll Call Michael Bosi called the roll and a quorum was established. II. Approval of Agenda Mr. Ramsey moved to approve the Agenda. Second by Mr. Nance. Carried unanimously, 8 -0. 1I1. Approval of Meeting Minutes Correction: (a) Page 4, change the word "buts" to "but." Mr. Ramsey moved to approve the Minutes of the meeting held on September 10, 2007 as amended. Second by Mr. Nance. Carried unanimously, 8 -0. IV. Introduction by Chairman Chairman McDaniel introduced the two newest members of the Committee, i.e., David Farmer and Michael Ramsey who replaced former members Jeanne Alleman and Michael Dedio. Chairman McDaniel asked about the availability of having two alternate members appointed to the Committee. Michael Bosi stated the Board of County Commissioners had appointed the two new Committee members. He further stated the remaining applicants from the second application pool, which had been approved by the Board, would become the source for individuals who could fill future vacancies. Mr. Bosi stated he would discuss the issue of alternate membership with the BCC. Mr. Rankin asked if an official excused/absentee policy existed. Mr. Bosi stated there was an official attendance policy which he would bring to the November meeting. Chairman McDaniel explained how the meeting would be conducted and when questions from the public would be taken. He proceeded to give some background information about the Committee: • This is an ad -hoc committee appointed by the Collier County Commissioners • The purpose is to study the land area that exists around County Road 951 I60toblf 8, 200 .. • The area encompasses approximately 1.2+ million acres comprised of (majority) rural service land area identification; Rural Fringe Mixed -Use Districts and Golden Gate Estates along with Immokalee proper • A survey company estimated there would be in excess of one million people living in Collier County by the time build -out was completed and approximately 70% of that population would be residing in the areas east of County Road 951 • The purpose of the Committee is to share information with the residents currently living in the East of 951 area. • The meetings give the residents a forum and opportunity to inform the BCC of their wishes and concerns regarding the infrastructure being developed for this area Chairman McDaniel further stated Chuck Molke was hired to assist the Committee with the preparation of the questionnaire which is distributed at each meeting. The questionnaire asks specific questions regarding the levels of services required to be provided to support the growing population. The questionnaire results will be forwarded to the Board of County Commissioners. V. Presentation by Emergency Medical Services Jeff Page, Chief of Emergency Medical Services, and David Stedman made a presentation to the Committee. A copy of the presentation had previously been distributed to the Committee. • One unit is needed for every 15,000 residents • Of the three levels of service to be provided, Level One is considered to be `status quo' and is contrary to the Growth Management Plan • The Collier County Sheriffs Med- Flight helicopter is currently located at the Naples airport (a second helicopter could be located there to reduce costs) • Level Two (`medium') provides for co- location of equipment with other emergency stations via long -term leases; an additional helicopter is added to the Med - Flight program at an approximate cost of $4 Million and the facility required to house and maintain the helicopter will cost approximately $3 Million to build • Disadvantage to Level Two service is both fire and EMS respond to the same call and arrive together thus initially tying up equipment until one unit is returned to base • Level Three (`premium') service provides for each unit having its own station, with additional stations provided as needed; a third helicopter would be added to the Med - Flight program be to located at or near the Immokalee station • The benefit of this level of service is the maximize response effectiveness VI. Committee Questions When asked about current response time, Jeff Page stated it is approximately 8 minutes if the call originates in an urban setting (89% of the calls). If the call originates in the rural setting (73% of the calls), it is approximately 12 minutes. Iverf , 07 Mr. Page stated he is waiting for a report from the consultant to bring to the Planning Commission concerning the recommended levels of service and location of stations. Mr. Rankin questioned the eight- minute response time. Mr. Page responded the goal is to reduce the time to four minutes or less from the Time the call was received. Specifically, this refers to the time the wheels are in motion. Mr.. Rankin asked about the level of service currently covered by Impact Fees. Mr. Page stated Impact Fees do not cover either Level One or Level Two. There is a shortage, and they have borrowed as needed from the General Revenue Fund. Mr. Bosi stated the General Revenue Fund has currently loaned approximately $8 million. Chairman McDaniel asked how the existing stations were counted. He was informed that owned stations were the only station counted toward the Impact Fees. He stated that there needs to be an adjustment of the revenue sources in order to support the growth and development of the area. If only "owned" stations are counted, it may be one reason why there is such a deficit and funds are being borrowed from the General Revenue Fund. Mr. Rice inquired about plans for Immokalee and Ave Maria where the greatest growth is occurring. Mr. Page stated that, by the end of November, a station should be completed in Ave Maria which may be staffed as a hybrid. Mr. Nance asked why it was not more efficient to add more units to existing facilities as opposed to the cost of building new stations. Mr. Page responded when a growth unit is approved, it must be placed in the most effective location. Growth units are 1 to 15,000 even though Impact Fees only pay for 1 to 34,000. Mr. Nance suggested efforts should be made to coordinate between essential services and the Transportation Department in order to meet the goals, and to also involve the School District. VII. Presentation by Fire Districts A joint presentation was made by Fire Chief Rita Greenberg of the Big Corkscrew Fire District, and Fire Chief Donald R. Peterson and Public Information Officer Victor Hill of the Golden Gate Fire District. 106bf 8,007 A A copy of the presentation was distributed to the Committee. Bie Corkscrew Fire District Golden Gate 6 Stations 4 stations 30 employees 73 employees Coverage: 194 square miles 103 square miles Population: 12,000 residents 80,000 residents Fire District concerns: • Location of equipment is critical as population and call volumes increase. • Zoning changes, geography, road access and sufficient resources • National Fire Protection Association standards: - standards must be complied with regarding staffing - response time frames - apparatus needs and equipment • Designs of roads and construction of new home developments: - Median cuts that preclude turns speed bumps traffic calming devices - one -way entrances to communities • There are two city Fire Districts: Naples and Marco • There are three County Fire Districts: Emergency Medical Services, Isles of Capri, and Ochopee • There are five independent Fire Districts: Big Corkscrew, East Naples, Golden Gate, North Naples, and Immokalee • Insurance costs are reduced if a home or business is located within 1,000 feet of a fire hydrant or within five driving miles of a fire station • Funded by property taxes and Impact Fees VIII. Public Questions /Comments When asked what standard the County used regarding support times Chief Greenburg stated it varied depending on the area and type of call, but that the overall standard being adhered to was that of the National Fire Protection Association. Mr. Rankin stated the Committee should recommend to the BCC that it mandate the participation of the Fire Districts and the EMS in preliminary planning for new subdivisions and roads. He also suggested determining how to increase the number of fire hydrants in order to reduce insurance premiums. A suggestion was made to also consult County utilities. Mr. Ramsey asked why presentation had not been made by the East Naples, or North Naples, or Ochopee Fire Districts. He was informed that only the primary Fire Districts had been asked to speak. A member of the public asked if there could be a presentation which compared tanker trucks versus the hydrant system with reference to the coverage of areas and costs. 161, 107 A A North Naples resident stated she is willing to pay extra to have consistent County- wide services provided because it would ensure the property values were maintained. A member of the public asked if there was a comparison of the cost to provide services for County-wide Fire Districts versus EMS. Mr. Farmer asked about the cost to provide services to 1,000 residents in Immokalee vs. 1,000 residents in Naples. He also asked about the impact of square footage of homes and size (story) with reference to the density of population. Mr. Ramsey asked if Haz -Mat costs were included in the Fire Districts' budgets. Chief Greenburg stated those costs were built in. IX. Next Meeting The next meeting is scheduled for November 19, 2007 at 7:00 PM. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 9:32PM. COLLIER COUNTY EAST OF 951 INFRASTRUCTURE AND SERVICES HORIZON STIMY PUBLIC PARTI ATIO MASTE COMMITTEE Bill McDaniel These Minutes were approved by the Committee Chair on Z - 10-01 as presented or as amended X 01/11/2008 10:37 +ais iala ion ;oy 2394559556 GGCC 16 PIG101 December 3, 20077 µ ^;3 r— MINUTES OF THE MEETING OF THE COLLIER COUNTY` GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE Naples, Florida, December 3, 2007 LET IT BE REMEMBERED, that the Collier County Golden Gate Community Center Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 6:00 P.M, in REGULAR SESSION in Conference Room "C" of the Golden Gate Community Center, 4701 Golden Gate Parkway, Naples, Florida, with the following members present. CHAIRMAN: Bill Arthur VICE CHAIR: Jim King Ernie Bretzmann (excused) Vicki Clavelo Kaydee Tuff ALSO PRESENT: Ellen R. Barkin, Community Center Supervisor Shari Ferguson, Region II Manager, P.R. Sherry Pryor, Budget Analyst Misc. Comes; Date: ?em # ,/ 01/11/2008 10:37 2394559556 GGCC 1 &4E 102 December 3, 2007 I. Call to Order-. The meeting was called to order by Chairman Hill Arthur at 6:03 P.M. The roll was called and a quorum established. H. Approval of Agenda: Ellen Barkin requested to take up item VI Monthly Budget Report prior to item IV. Old Business. Vicki Ctrvela uroved to approve the Agenda w h the requested changed order of business. Second by Jim KGtg. Carried unanimously, 3-0. 111 Approval of Minutes: November 5, 2007 Page 2 — New Business — Jim Klug offered a clarification, for the record, that his intention was not to resign; but, to offer to withdraw his application should Kaydee Tuff not be eligible due to an application deadline issue. Also, a year -round resident had submitted an application. He subsequently did not witbdrawhis ricki CUWJo moved to approve the Minutes of Ike November S, 2007meetfng, with the noted clar #kation, Second by Jim Slag Carried unanimously, 3-0. Kaydee Tuffarrived at 6 :1opm Item V.C. Monthly BudgetReport was taken up at this time V1. Monthly Budget Report (handout) Sherry Pryor, Budget Analyst, was introduced by Shari Ferguson, Region Ir Manager for Parks and Recreation. She addressed the specific questions the committee members had regarding the cap of y trail decided on by voters at the creation of the MST'U, formed by referendum The consensus of opinion was that the State Legislature's proposed mandate of a 91 % rollback to 2006 Budget should not be able to override a voter referendum and the MSTU should not be subject to its 5% rollback Ms Pryor reviewed the bandout, illustrating the FY 2008 Budget, with the Committee, along with a spreadsheet explaining the details and the various categories that would be cut in each fund. She explained that the Legislature is mandating an overall cut to the Counties, leaving it to each County how they would distribute those cuts amongst the various County Divisions and Departments. The only option open is to petition the Commissioners to exempt this MSTu. However, the result would be that some other area of the County would have to give up some of their funds. She did note that the 601/o/40% budget split, as noted, is to their advantage. She also noted that some Counties are challenging the Legislature on this mandate issue, Discussion ensued on the figures shown, the effects on capital projects and future millage rates. U 01/11/2008 10:37 2394559556 GGCC 1 6 1GJ 03 A December 3, 2007 An Klug noted two opinion points for the record: 1. In reviewing the budget just shown, the negative effect on their operations was not extremely negative. Titus, denoting that these cuts could have been made internally before the State got involved. 2. As a proponentfor home rule, he questioned the State's interference with local control over local funds voted by local referendum. The Committee thanked Sherry Pryor for attending and for her thorough explanations. They requested that she come to the meeting again, after the State vote in January has been determined 1V. Old Business; 1. Kitchen flood Update Ellen Baridn reported that Total Comfort had picked up the permits on Thursday and the work will begin next week. The project is proposed to be completed by January. 2. Voting on Member Applications Two positions were to be voted upon, with three applications submitted. Connie Hennink was the new applicant. Jim Klug and Kaydee Tuff were applying for re- appointment. Discussion followed on the three applicants, followed by the vote for each open position by paper ballot. .Results: FYrst Position -Jtm Klug with 4 votes to] and Second Position - Kaydee Tuff with 3 votes to I were re- elected The Committee Members asked that Connie Hennink's name be kept as a possible future member when the results are sent to the BCC. Discussion followed regarding the benefits of having an additional member appointed as an alternate. .ibtt Klug moved to ask staff to recotnnrend to the BCC, that alt alternate be appointed or voted, in order to be apprised of Ike issues and be able to fill in for an absent member. It was suggested that all furure decisions, including the application process be discussed at one meeting and voted on at the next, giving time to consider and research the issues to be voted on. V. New Business: 1. Metro PCS Cell Tower Request at GGCC (handout) Ellen Barldn reported that Metro PCS has requested to lease a 20 x 25 foot area around a light pole on the Center's property to attach their equipment. She pointed out the area on the handout drawing and explained the particulars. No money amount has been discussed, but other leases in the area were for approximately $15,000420,000 a year. 01/11/2008 10:37 2394559556 GGCC 1 t•1 fE 704 December 3, 2007 Questions arose on who would get the funds, what portion would come to GGCC, could a reserve fund be estahlished and for what rnn'rxise could the monev he used. Questions arose on who would get the fiords, what portion would come to GGCC, could a reserve hard be established and for what purpose could the money be used. Jun Kltg moved that Golden Gate Comtnunity Center pursue negotiations wttk Meiro PC.S; including term and candltlanx Second by Bill Arthur. Carried unanimously, 4-0. 2. Fiber Optic Network Ellen Barkin discussed the proposal for fiber optic connections for internet and Phones. The trade -off would bo -IT would bear the expenses and the Center would give up their storage closet for the equipment, This would also be the hub for service to EMS and the Fire Station. 3. November / December Programs and Events Ellen Barlow reported: • November -- Three races at the BMX track with a total of 96 riders. • November 3`0 -- Late skate with 31 skaters • December 1 — Snow Fest -- very crowed but no exact figures available yet. All parking areas were full. • December 10 -14 — Walk of trees • December 15 — 6pm to 8pm Trolley Tours with one long route instead of two short • December 26 -28 and Dec. 31, Jan. 2-4 — Holiday Camp • December 7 and 14 — races at BMX track • December 13 — Bridge Tournament She also reported on events at the other parks Dec. 7 — Tree Lighting at Eagle Lakes and at Max Hasse parks Dec. 8 — 5 -- IOpm — Parade followed by Christmas Around the World celebration in Immokalee At Vineyards Park, a Calling Santa Program and at Ave Maria, a light display Discussion ensued on particulars of some of the above events. VII, Members Additions and Comments: Monthly Report was reviewed with explanations given by Ellen Barkin (attached). • Kaydee Tuff spoke about holiday decorations, both in and outside, at the Center. • Bill Arthur mentioned the grass and fence being tom up. This is part of the Library Project, according to Ellen Barkin. • Jun Mug commented on the Library Project's effect on traffic control. Ellen Barkin explained there will be actually four entrances, upon completion, allowing for easier access. Also, if an entrance needs to be blocked off, there would be ample access through the other three. U 01/11/2008 10:37 2394559556 VIII. Informational Items: Attendance Report (attached) GGCC Meeting Schedule The next meeting will be held on January 7, 2008 at 6:00 PM. 16 I 1 PA December 3, 2007 There being no further business for the good of the County, the Meeting was adjourned by order of the Chairman at 7;37 P.M. COLLIER COUNTY GOLDEN GATE COMMUNITY CENTER ADVISORY CO TTEE gill Arthur, Chairman These minutes were approved by the Board/Cocnlittee on Gi gj as presented, or as amended ✓ (—�ee P� 05 riala ___ Halal`- Henning _ Doyle l Ct :.oletta - -- THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD MEETING HELD ON NOVEMBER 19, 2007 In attendance were the following: Alan McLaughlin, Acting Fire Chief Mitchell Roberts, Chairman, Copeland John Pennell, Plantation Island, Advisory Board Member Joseph Dillon, Port of the Islands, Advisory Board Member 1611 APPROVAL OF MINUTES: Joseph Dillon recommended that the minutes be approved the motion was seconded and passed. APPROVAL OF ADVISORY BOARD TO REAPPOINT JOSEPH DILLON & JOHN PENNELL AND THE CHAIRMAN TO SIGN THE MEMO ATTESTING TO THIS: Mitchell Roberts recommended that Joseph Dillon continue his membership on the board the motion was seconded by John Pennell and passed. Then Mitchell Roberts recommended that John Pennell be reappointed to the Advisory Board and Joseph Dillon seconded the motion and it was passed. Mitchell Roberts signed a letter stating that the Ochopee Fire Control District Advisory Board approved the reappointment of John Pennell and Joseph Dillon to the board. The letter was submitted to Sue Filson who will ask for approval by the Board of County Commissioners for the reappointments. RECOMMENDATION LETTER TO DAN SUMMERS FROM THE ISLES OF CAPRI ADVISORY BOARD RECOMMENDING ALAN MCLAUGHLIN AS CHIEF FOR OFCD: The Board members took a moment to read the letter. Mitchell Roberts mentioned that he had been notified by Dan Summers about one of the Board Members participating on the selection board for the Fire Chief's Position. Page I Misc. Correa: Date: IZ--'A al =s to J 1611 A Chief McLaughlin said he was handed a letter the other day by the Firefighter's Local recommending him as well for the Chief's position a copy was sent to Jean Merritt at Human Resources and to the County Manager James Mudd. Mitchell Roberts asked if there were any comments in regards to the recommendations. Joseph Dillon asked if they arc going to send a similar letter and if this was something they could do. Mitchell Roberts made the comment that he was curious as to what they can do. They have had a good working arrangement with the Chief and Dan has asked them to sit on the interview board. Joseph Dillon commented that we have some value. Mitchell Roberts stated he could sit on the selection board if it is after 3pm with his alternate being Joseph Dillon. He is going to contact Mr. Summers and ascertain whether they are to be part of the interview process or if they can just do a letter from the Board recommending Chief McLaughlin for the position. OLD BUSINESS Mitchell Roberts asked Chief McLaughlin if he had obtained any numbers regarding traffic on 1 -75 and or possibility of funds to help pay for coverage. Chief McLaughlin stated that Dan Summers is working on that with Diane McGee there has been some forward movement from Bill Nelson's Office to obtain 25 cents each vehicle. State DOT statistics show 8 million cars a year travel the exchange both sides that is between 20,000 to 22,000 cars a day at 25cents that would be two million dollars. That would fund not only fire rescue personnel but the Sherriff s Department and EMS. That would remove the burden from the District and leave our people here to support that. The funding will cover more that just our Department. Mitchell Roberts brought up the letter from Dan Summers to Mayor Hamilton in reference to requesting a pumper truck from the Community Block Grant Money. He wanted to know if that was going to replace Bertha. Page 2 1611 A Chief McLaughlin said that pumper is going to support what is currently in place specifically for the Lee /Copeland area. Mitchell Roberts said in his community, Copeland, they are looking at possibly a federal grant to come in and assist Fakahatchec to put in fire breaks. He said with brush fires coming up there is a lot of fuel around the area. He asked Chief McLaughlin if we had enough resources to protect the Lee Cypress /Copeland area through this fire season. Chief McLaughlin said we have money in the budget to purchase a new brush truck. We have been in a holding pattern due to the Assistant County Manager they want to see what happens with this current January budget. He has been directed by Dan Summers to obtain information regarding a new vehicle en case we have to make an emergency purchase. He went on to say that we have two brush trucks that are at the end of their service life. Both vehicles have had break problems and have been towed. He has also been informed by Forestry that we are probably going to see the worst wild fire season. He went on to say that the heavy 6x6 is not used much anymore and that an urban interface type vehicle is more practical what Forestry calls a type 3 or 4. He is looking at a 5500 Dodge Chassis type with a 500 gallon tank with a small quick pump, quick reels and foam capabilities to be used for the purpose of protecting property. He has spoken to Big Cypress and the Panther Preserve Personnel informing them of some policy changes concerning Ochopee Personnel and fighting wild land fires. Our personnel will protect structures but will no longer respond to fighting wild land fires unless there are structures threatened due to the fires. He also mentioned that the attack truck is out of service at this time and that Fleet recommends that we leave it out of service. He is going to look into possible using it as a trade in for the new brush truck. He thinks it's possible to obtain $5000 to $10,000 and that the new truck would cost around $86,000 to $90,000. The chassis is about $45,000 to $50,000, then the skid package and light bars. The Department is going to keep on babying the old brush trucks until a new one can be purchased. Joseph Dillon asked the Chief to describe the brush truck. Chief McLaughlin said the brush truck will be a 5500 chassis with a flat bed on the back, compartments, a 500 gallon poly slide tank, skid unit on the back, pump, a foam system, hose reels, and ground sweeps on the front so that they can drive over medians. The new brush truck would also be air conditioned able to travel I -75 at approximately 80 mph and can be used as a rapid intervention vehicle moving from house to house where a 6x6 could not. He stated that our Department personnel will be for urban interface no longer will they be fighting wild land fires that will be left for DOF and the Federal Agencies. We will assist as structural agents only. Page 3 1611 A Mitchell Roberts stated that Big Cypress will cover the north Ochopee area where there are a lot of homes but there is going to be extra coverage needed for the Copeland area and a few houses in Jerome. All of that fuel there has a good chance of igniting, it's dry right now. Chief McLaughlin said most of the Departments around us have strike teams that can move rapidly. The personnel understand not to hesitate to call them to get them coming. Mitchell Roberts said it sounds like we will have the resources to keep things up to speed. NEW BUSINESS: Chief McLaughlin stated that the Station has been painted inside and out. That there is a new bay floor, the bay doors are fixed, commercial door openers have been installed and there is bug lighting now. Also a washing machine has been installed in the breeze way. The executive summary for the Della Reynolds donation has been approved for approximately $9000.00. The trucks have been re- lettered, striped and logoed. The union contract has been ratified and personnel received their raises. He is in the process of preparing the new Department Policy and Procedures. They are almost completed but will have to be reviewed after they are finished. When the whole process is completed he will get a copy to them. Tanker 60 was modified with a foam tank. The $58,000 budget amendment has been approved the money was moved from reserves to Other Machinery and Equipment. These funds are to be used for the purchase of two Thermal Imager Cameras, a specialized nozzle to go on the tanker, and hard covers for the engines to protect the hose that can also be used as platforms by personnel. Joseph Dillon asked that in the future if they are going to discuss trucks that he would like to physically have a visual tour of the vehicles so that the changes could be pointed out either prior or after the meeting. Chief McLaughlin agreed to that he went on further to describe the change in the tanker. That it was converted from a water tanker to a foam tanker which could now apply 3000 gallons of a foam finished product and that this would be useful in the event of a tanker roll over or an airplane crash. Equipment is still being mounted on the Engines. Operationally pending is the potential purchase of a brush truck. Joseph Dillon offered to help with the purchase of the vehicle stating as a GMC retiree he is entitled to a discount. Chief McLaughlin said that we could not purchase that way however the County gets GSA pricing and we purchase off of the Sheriff s Big List. He has found some companies and has specs on some vehicles we could have one built in 4 to 5 weeks. Page 4 1611 A Mitchell Roberts asked if in the Operations Report if the 1 -75 calls could be singled out and with the mile markers for the purpose of tracking those calls. Chief McLaughlin said that it could be done. He also asked to move the meeting to 6PM instead of 7PM and all were in agreement so the meetings from now on will be at 6PM. Mitchell Roberts said he would contact Dan Summers in reference to the interview process and that Joseph Dillon would be his alternate. He will let him know the time and dates. Joseph Dillon mentioned the sunshine law if it was a violation contacting members by e -mail. Mitchell Roberts said he would like some guidance in reference to the sunshine law as to what they can discuss. For instance regarding I -75 they could put together ideas before the meeting. Chief McLaughlin said you can contact me independently like if you had a question the board talking together that's another issue. You have to have three or more for a quorum. He will get that information to them. Joseph Dillon said three or four years ago Port of the Islands had volunteer firefighters he wanted to revitalize that but on another level. He suggested as auxiliary support on scenes in the way of food, water, and communications maybe even help out with their boats if the Department had a marine type call. Mitchell Roberts posed the question as to whether Department Policy would allow a civilian boat take a paramedic out on a call. Chief McLaughlin explained that due to liability issues, FEMA and Home Land Security that this type of assistance can no longer take place. Mitchell Roberts who is a member of the National Guard asked if possibly he could assist. Chief McLaughlin said only the governor can activate the National Guard or one of their members. Mitchell Roberts was going to check though in the event of a natural disaster in the area to see if he could be deployed here instead of a different local. Joseph Dillon asked how can you have a CERT Team but you can't volunteer Page 5 16.11 A Chief McLaughlin said they go through a specific training that's identified and recognized. Most are fingerprinted they have individual identification cards as part of the CERT learn for that area. The on going training certifies them to do that and some of the training is incident command. All CERT Team members are supposed to have at least 1 -700 and I -800 which they do on line through FEMA. He did go on to say though that the CERT Team could have logistical effort along with the emergency team. Mitchell Roberts asked if the Chief could find out about the CERT Team assisting the Fire Department with calls due to fires because of the on coming dry season. He suggested that the CERT Members could be used more often not just in the event of a hurricane. Chief McLaughlin commented that he is trying to get a CERT Team in the Lee Cypress area by working with Pastor Gilmore at the Copeland Baptist Church. He is in the process of getting the trainers and the people involved. He would like to put both the Port of the Islands and the Lee Cypress team together for training purposes. Mitchell Roberts asked if there was information that could be passed out into the community as to what the qualifications are to participate in CERT so that it could be passed on into the community. Chief McLaughlin said absolutely. Joseph Dillon said that they need to get the CERT Team going again. Chief McLaughlin agreed they need to get the CERT leaders activated then get the training back on board. Mitchell Roberts wanted to know if the Department was in that process. Chief McLaughlin said that he was trying to get it revitalized he further commented that CERT "Teams especially in rural areas are most effective. Joseph Dillon exhibited a map of Port of the Islands to indicate and area in red on the map as to where property has been donated for a Fire Station. Page 6 1611 A Chief McLaughlin said he had met with Holes Montes thinking they wanted to go over an area of development but instead they wanted to talk about donating this piece of property for a Fire Station. The first thing that is going to be done is to change the Fakaunion Rd to bring a more direct access to US 41 and the road will be paved. The road is part of the development. He also went on to say that the 1 I and 9 story buildings will be built at Port of the Islands. A motion was made to adjourn the meeting was seconded and passed. The meeting adjourned. Mitchell Roberts Chairman Ochopee Fire Control District Advisory Board Page 7 Isaias Henning 4� THE OCHOPEE FIRE CONTROL DISTRICT Coletta -- - ADVISORY BOARD MEETING HELD ON DECEMBER 10, 2007 In attendance were the following_ Alan McLaughlin, Acting Fire Chief Mitchell Roberts, Chairman, Copeland John Pennell, Plantation Island, Advisory Board Member Joseph Dillon, Port of the Islands, Advisory Board Member Macbeth Collins, Everglades City, Advisory Board Member The meeting began at 6:10PM. RECEIVED JAN 16' 2008 3oarA of i3OLMN Commissioners 1611 A APPROVAL OF DARCY KIDDER TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD: Chief McLaughlin gave the board a copy of the application for their review and a memo has been drafted for signature by the Chairman in the event they approve her appointment to the board. John Pennell made a motion to approve the appointment of Darcy Kidder to the Ochopee Fire Control District Advisory Board it was seconded by Macbeth Collins and the motion was passed. NEW BRUSH TRUCK: Chief McLaughlin stated that it would be a new Dodge 5500 which is a new heavy duty series. He showed them the information on the vehicle. He went on to say that BCC approval was not necessary because they have already approved the Sheriffs Bid List which is how this vehicle is being purchased. The $9,000 donation out of the Della Reynolds Estate will be used towards this purchase and $10,000 from Reserves will be put back into equipment to make up the difference. The $10,000 budget amendment is on the consent agenda and when it is approved by the BCC we will order the new truck. He went on to describe the vehicle and how it will be used. He also mentioned that we were getting a $5000 trade in value on the old green attack truck that had 239,000 miles on it. Fleet had recommended taking this vehicle off line due to its age and mileage. Page 1 Misc. Cones: Date: U Item t!: ' 's to j 16 (1 Chief McLaughlin said we are going to reduce our fleet and that we get charged per vehicle_ lie went on to say that we have a lot of vehicles right now and he would like to donate them to the Nicaragua Fire Forces. The two vehicles he wants to donate are the 1981 and the 1985 the have been sitting out of service for two to three years. Dan Summers has asked him to sit on this issue. But the vehicles are costing money and have not been started in years. He has donated a lot of equipment to the Nicaragua Fire Forces in the past he has worked with them for years. They have been looked at and they have no trade in value we can't get anything for them they are too old. He stated that if they donate them to the Nicaragua Fire Forces they will put the vehicles in service. Joseph Dillon asked how much it would cost the Department to get the vehicles down to Nicaragua. Chief McLaughlin explained that is doesn't cost the Department anything they will come and get the truck. There is an Association in Miami that have been working for the last 25 years to rebuild the fire service down there. He got involved with them by moving equipment for them. He went onto say the Department pays approximately $2000 for each vehicle plus incurred repairs. He is going to reduce the fleet by four vehicles. Two of the vehicles are on loan from Forestry one has already been picked up and the second will be picked up soon. Mitchell Roberts wanted to know what time frame they are looking at to putting the new truck in service. Chief McLaughlin said in about five weeks we should have the brush truck by the end of January. He also went on to say that Fakahatchee and Big Cypress National Preserve are doing control burns before everything gets real dry they are trying to get a jump on things. He spoke about the brush truck Big Bertha and that the union wrote a letter stating it was no longer a safe vehicle. The information was passed on to Dan Summers and the Director of Fleet Management. The Feet Director agreed with retiring the truck. Per Chief McLaughlin the truck has been on duty for 30 years and it has seen close to 2000 fires. He was thinking about getting the paper to do a little article on it. It is one of the few trucks that has been in service that long it has been on every major campaign in Collier County since 1977. He then went over some other subjects such as that the boat is running good and that he met with the Plantation Island Home Owners Association. A Fire Program is going to be designed for them. He is going to meet with their president in regards to this. He is talking about training some of the residents so that a Fire Brigade could be created. This way some things could be done before they arrive which would be a big help to the Department once they arrive. Joseph Dillon asked if they had hydrants. Page 2 1611 A Chief McLaughlin said they do have hydrants. Mitchell Roberts said he thought their hydrants had to be boosted Chief McLaughlin said the hydrants should have been done differently because right now they are hooked into the domestic water system making it not up to the State Water Code. Instead it should have been done as a separate fire main. Because of this problem a policy had to be set up that you can't pump over 100 PSI on Plantation Island otherwise it could cause plumbing problems in the residences. Joseph Dillon made the statement that there is nothing over two stories. Chief McLaughlin said yes, they are single story stilt homes wood frame construction with very minimum separation roughly 10 to 20 feet. OLD BUSINESS: Mitchell Roberts was glad to see the I -75 calls separated out so they could keep track of that activity. He sent an e -mail to Dan Summers in regards to the hiring process for the Chiefs Position and he also requested that he keep him informed as to any addition al information regarding I -75. Chief McLaughlin spoke to Macbeth Collins to bring him up to speed in reference to the Advisory Boards concerns regarding 1 -75. He brought up the fact that about 50% of the ad valorem taxes collected for this community are being used to protect a transient population on an Interstate Highway. He went on to say at what point do you eliminate responding or go to the State and ask them for their support for protecting their road this is what it has come down to. As the population increases at Port of the Islands we need to protect that area they are paying for it through their ad valorem taxes. Then the other problem is how long personnel are detained when they respond to 1 -75 it could be as much as 60 minutes round trip plus the fuel costs for traveling that distance so due to all of these issues the board has become concerned and the County is recognizing that concern. He said Diane McGee is the new representative working with Bill Nelson and that she is on board with the Department going after 25 cents on the dollar of the toll money. He said FHP just received 50 cents on the dollar of the toll money. Calculations have been done in regards to this. Approximately 22,200 people travel across the road a day which means 8 million travel the road in a year do 50 cents on the dollar would be a million dollars. So we're looking at splitting the funds between the Sheriff's Department, EMS, Fire Department and Med Flight. The County feels the 25 cents per dollar would fund all of that. The State has donated land and the building would be paid for in ten years. We would be able to continue protecting this area but it would be funded by the toll monies instead of ad valorem. Page 3 1611 A Joseph Dillon asked if this was going to be an additional fee. Chief McLaughlin said they are talking about raising the rates they have to maintain the road and there is talk about three laning it. Joseph Dillon asked if the costs to the Ochopee Fire Control District for the 1 -75 calls been calculated do we have a dollar working value for two men and a truck. Chief McLaughlin said there is a State rate but to calculate we would have to take a mid range of employee's salary then there is a State vehicle rate. He said it could come out to approximately $300 per call and some times they are out there more than once a day. Mitchell Roberts was to be caught up on billing the insurance companies as another means of income. Chief McLaughlin said this idea has gone by the wayside. His administrators have put this idea on the back burner for now. A recovery item recently came before the Board of County Commissioners and they shot it down so at this time they are not open to this kind of thing. So they are concentrating on the toll funds instead let the road fund itself. Mitchell Roberts said he has read in the paper the Florida is selling certain road ways to privateers so that they can maintain them. He feels the State should keep the roads because a privateer will raise the tolls real high. Chief McLaughlin said the road rangers were just sold off to a private firm so this is happening. Joseph Dillon wanted to know about the Port of the Islands twin towers is it any further along and has it been approved what was the time line. Chief McLaughlin said it would probably take a year and a half to construct. IIe has concerns about the buildings. He is allowing a nine story and eleven story building to go into the District where the Fire Station is 13.5 miles away and the next Fire Station is 15 miles away. He has concerns about allowing this is happen. He submitted this information to the County Attorney's Office as to what are options might be concerning this problem. Can he stop the occupancy, is there a hazard to the occupants there are a lot of questions. He does have the authority under State jurisdiction Statute 633 that he can disallow the occupation of a building until some body provides a facility with in five miles. He felt that might prompt some development. His concern is to get the facility there before they build them. However, he has alerted the County that the next developer that impacts Port of the Islands has to provide a facility. Page 4 1611 A Joseph Dillon asked would that include the nine and eleven story buildings Chief McLaughlin said unfortunately the buildings were already in before he went into the County. Joseph Dillon said be couldn't think of any other high density building going in. Chief McLaughlin said actually they were going to build another building. Joseph Dillon asked if builder of the nine and eleven story buildings were aware of his concerns. Chief McLaughlin has been trying to meet with the developer but no one has responded. He put in a stipulation to Holes Montes that there will be a pre- construction meeting with construction and the owners before they break ground. Ile does have the authority to do that by code and if they don't he can shut down the project until they do. Joseph Dillon said the new owners have not been very responsive, they have not responded to anyone at Port of the Islands. Chief McLaughlin stated the owners are looking at constructing a 28 million dollar building and the facility would possibly cost $200,000 to $500,000. They could use it as a tax right off plus it would breed good will with the current residents and aide their project at the same time. Mitchell Roberts said you don't know if they put in the permit just to have it there if they decide to do the project. But as far as we know there has been a piece of property donated. Chief McLaughlin said yes and a road will be constructed so that we don't have to go through all the bends. Joseph Dillon said that the road has already been grated. Chief McLaughlin concurred with that and that hopefully in the next two to three years they' II see something happen. NEW BUSINESS: Chief McLaughlin stated that the new thermal imagers had been received. He went on to explain how they worked and gave them a small demonstration. Page 5 1611 A Joseph Dillon asked about a defibulator program at Port of the Islands Chief McLaughlin said you could place them at the marina and the hotel. He went on to say that it would be easy to obtain training through the American Heart Auto Defibulator Classes. Joseph Dillon asked what a defibulator would cost. Chief McLaughlin said that they were not expensive they have come down in price. He further commented that you see them everywhere. Mitchell Roberts suggested that this might be an issue to bring up with the home owners association to purchase defibulators for the purpose of placing them in two or three areas around Port of the Islands. Joseph Dillon brought up the fact that the hotel didn't want the liability Chief McLaughlin said there are so many available now it possibly could become a liability not to have one. Chief McLaughlin brought up the fact that replacement hose had been ordered and that the training is ongoing. There was a little problem with the computer program but that it is now on track and next report it should reflect over 100 hours. He met with Everglades City in regards to painting their hydrants safety yellow instead of red as per NFPA. John Pennell brought up the fact that some of them were a little low and needed to be raised up. Chief McLaughlin concurred he said they need to be 18" from the steam cup to the ground. He is going to get the City to work on them gradually. The District is starting a new inspection program targeting the fuel facilities on the river front due to Everglades City adopting the County Fire Codes. It has come to his attention recently that several of the fuel facilities on the river do not meet any of the codes because many of them have existed for years. But now that the City has adopted the County fire codes the District is ultimately responsible just because of the code itself. In the City the violations would be turned over to them for enforcement in the County areas such as Chokoloskee the District would have to bring them into compliance. The District is going to start inspecting the facilities this way it is on record that they have been inspected. Page 6 1611 A Mitchell Roberts asked if the hydrants in Copeland were under a maintenance plan Chief McLaughlin said it was his understanding that the Lee Cypress /Copeland hydrants were on the Everglades City water system now making it their responsibility to maintain them. Mitchell Roberts does not believe this is so he is going to check, because as far as he knows it is still hooked to the old Copeland water system. Chief McLaughlin said unless they took over the whole plant. Mitchell Roberts said nothing like that has happened. There were some talks about the merger and now the lawyers have stepped into the middle of it. Ultimately what will happen in the next 12 to 18 months is that there will no longer be a Copeland water system it will be just Everglades City at least that's the hopes of what's left of the Copeland water board. Chief McLaughlin is meeting with the head of Everglades City water board. Mitchell Roberts said he would stop by the Copeland water board meeting tomorrow night to see what's going on. He believes it is still hooked up to the Copeland water system and that he did not want this to fall through the cracks because there is such limited fire ability in the Copeland /Lee Cypress area. Chief McLaughlin stated that the District has 1200 feet of 4" hose on each truck so they can stretch a long distance if needed to access water. Mitchell Roberts wanted to know if the new brush truck will have the capabilities to draft water out of a pond source if needed. Chief McLaughlin said yes it will have draft capabilities. It will be mostly an urban interface vehicle and that usually when it responds to a brush fire the tanker will run with it. He explained that the tanker has a floating pump and that the tanker would be refilled at the lake in Lee Cypress as a water source. Page 7 1611 A The Ivey House is holding a large event next week and on the 17`h and 18'h our District has been requested to assign a vehicle and personnel for fire protection. One of the events taking place is a camp out on the rail road grade for 700 people. EMS and the Sheriffs Office are also dedicating personnel for this event. The Ivey House made a donation of approximately $1200 to cover the cost of personnel and the engine providing protection from 4PM on 12 -17 -07 to 8AM on 12- 18 -07. The amount charge was reached by giving them the mid -range hourly rate of one of our Firefighters and the State rate for a Class 1 engine. The funds will be placed into our Protective Inspection Fees. Later on in the year there is a possibility that a budget amendment will he done to pull that money out of that fund to move it back into the overtime salaries if it is needed there that's what it would have been used for initially. Joseph Dillon wanted to know what type of festival it was. Chief McLaughlin was not sure just that they would have bike riding and boat tours. The festival is supposed to last five days and that the people attending were from Europe. A motion was made by Chairman Mitchell Roberts to adjourn the meeting it was seconded by John Pennell and the motion was passed and the meeting was adjourned. 1 /l - -mac -� - � 1_��,• -z=f; i Mitchell Roberts, Chairman Ochopee Fire Control District Advisory Board Page 8 ---- rlalas .._..._. denning._ _ ;oyle ;oletta 1611 A December 19, 2007 RECEIVED JAN i 7 2008 MINUTES OF THE MEETING OF THE PARKS AND µ00m c,, County commissioners RECREATION ADVISORY BOARD Naples, Florida, December 19, 2007 LET IT BE REMEMBERED, that the Parks and Recreation Advisory Board, in and for the County of Collier, having conducted business herein, met on this date at 2:00 P.M., at the North Collier Regional Park in the Administration Building in Naples, Florida, with the following members present: CHAIRMAN: John P. Ribes Vice Chairman: Edward "Ski" Olesky Frank Donohue(excused) Barbara Buehler Paul Nyce Kerry Geroy Bart Zino ALSO PRESENT: Barry Williams, Director, Parks & Recreation Murdo Smith, Parks and Recreation Tony Ruberto, Sr. Project Manager Sidney Kittila, Operations Coordinator Ilonka Washburn, Operations Manager Shari Ferguson, Regional Manager, Region II Misc. CORM: Date:_ �= 1 Item A: Sias to December 19, 2007 I. Call to Order 1 6 1 1 A The meeting was called to order at 2:03 P.M by Chairman Ribes II. Pledge of Allegiance and Invocation The Pledge of Allegiance was recited and the Invocation given. III. Approval of Agenda Mr. Olesky moved to approve the agenda with the stipulation item X be heard before 3:30 PM. Second by Ms. Geroy. Carried unanimously 6 -0. IV. Approval of November 28, 2007 Meeting Minutes Mr. Olesky moved to approve the minutes of the November 28, 2007 meeting. Second by Mr. Nyce. Carried unanimously 6-0. V. New Business 1. Director's Highlights Barry Williams reported the following: A. Several area Parks and Recreation Christmas events such as Sno -felt, Christmas Around the World, the Golden Gate Christmas Tree lighting were very successful. B. The North Collier Park and Vineyards Park are eligible to utilize reclaimed effluent water for irrigation of playing fields. Other parks may be eligible, he will provide the criteria for the usage (including use of water trucks and retention ponds if applicable) and which parks are eligible. C. The inter -local agreement between Parks and Recreation and the County Collier School District for the lake is currently under review for the proposed Manatee Regional Park. D. Amanda Townsend has accepted a position as Interim Director of Domestic Animal Services for Collier County. E. Shari Ferguson, Regional Manager, Region II appeared before the Board and submitted a document entitled "Agency Accreditation Profile, Collier County, Florida" for review. The document is to be utilized in preparing the CAPRA (Commission of Parks and Recreation Agencies) re- accreditation due in 2009. She will provide updates to the Board as the application process continues. 2. Winter Hours at Sun -N -Fun Lagoon - Kerry Runyon Barry Williams, in absence of Kerry Runyon submitted a document outlining the hours of the Sun -N -Fun Lagoon. It was noted that the heater in the pool in Immokalee is not functioning due to problems with the injection well. Mr. Williams noted the Board will be updated on the progress of the proposed solution. 3. Friends of Barefoot Beach Lecture Series — Barry Williams December 1,601 1 A He submitted a document outlining the "Friends of Barefoot Lecture Series" which runs December 8, 2007 through April 12, 2008. The document is available on the Parks and Recreation web site. VI. Old Business 1. TDC Update — Murdo Smith Murdo Smith reported that funds have been approved by Tourist Development Council and wanted to provide an update on the various projects. The funds will be put in separate accounts for each project and Parks and Recreation will draw off of the accounts for the expenditures. The following projects are included in the approvals: 1. Trash Receptacle Purchases 2. Playground at Tigertail Beach 3. Barefoot Beach restrooms 4. Barefoot and Tigertail Beach parking lot re- shelling 5. Entrance upgrade at Barefoot Beach Park Mr. Nyce asked if it was possible to open up dialogue with the TDC on generating revenue at Beach facilities. Murdo Smith noted they currently do generate revenue via concession stands and parking fees. 2. Update on Soccer Fields at East Naples — Tony Ruberto Tony Ruberto reported that the project is in the permitting stages. The project was previously permitted by South Florida Water Management District and the Army Corp of Engineers, however the permits expired and re- application is required. He is waiting for a proposal from Wilson - Miller regarding the cost of the re- application. Chairman Ribes suggested reviewing any permits currently active to ensure non - expiration of the permits. VII. Recreation Highlights — Sidney Mttila Parks and Recreation Staff She provided a slide show of the Staff Holiday Party. VIH. Capital Project Highlight — Tony Ruberto Veterans Memorial Lights Project Tony Ruberto provided a document entitled "Elementary School I, Multi Use Field Lighting Project, Naples, Florida" dated 6/1/07 prepared by Musco Sports Lighting, LLC. He noted that the project will initiate on Friday December 21, 2007 and be completed by January 5, 2008. The company provides a guarantee in reduced energy costs or will provide a refund. The project will also reduce neighborhood complaints from glare and light spillage onto adjacent properties. Barry Williams noted that the Company requested a list of the existing parks and lighting requirements and associated usage costs for their review and will submit recommendations of improvements to the Department. December 19, 2007 DL Informational Items 1611 A Attendance Report - Submitted Meeting Schedule - Submitted Recreational Highlights — Previously Reviewed Adopt -a -Park Assignments It was noted that the list of assignments should be reviewed. This would include checking the rotation of assignments schedule as well as ensuring all parks are covered. Also, the consideration of visiting some parks (such as neighborhood parks) every other month and public liaisons for each park. Mr. Williams will provide an update for discussion at the next meeting. X. Adopt -a -Park Paul Nyce reported on the following facilities: Barefoot Beach Park — He stated this report will be submitted at the next meeting. He noted the signage needs improving, as it was difficult to locate the Beach parking facility. Connors Park — He noted this park is in good condition. Vineyards Community Park —He noted the Park provides a wide variety of programs and is in good condition overall but recommended several improvements that should be considered over time (Shade structures, meeting space, wireless access, additional tennis courts, Bocce and Horseshoe pits, etc.). He will email a document outlining the suggestions to the Board. XI. Public Comments None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:35 PM. COLLIER COUNTY PARKS & RECREATION ADVISORY BOARD These Minutes approved by the Board /Committee on as presented X or as amended 0 . t(. . U8 Fiala Halas lenninqoyle 4Nov L72t�7 LIIMAYS BOARD MEETING er T 1 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, November 7, 2007 at 9:00 A.M. at Hammock Oak Center 8960 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. Coleman Connell, Chairman Mr. James Burke Mr. John Domenie, Vice Chairman Mr. John laizzo Ms. Annette Alvarez Mr. Michael Levy Ms. John Boland Dr. Ted Raia Mr. David Bramson Mr. Edward Staros Mrs. Mary Anne Womble (absent0 ALSO PRESENT: Five (5) members of the public, Mr. Tim Hall, Turrell, Hall & Associates; Mr. Jim Hoppensteadt, President, Pelican Bay Foundation; Mr. John Petty and Ms. Janice Lamed, District Offices, LLC; Ms. Heidi Ashton, Assistant Collier County Attorney; Mr. Kyle Lukasz, Field Operations Manager and Mrs. Barbara Smith, Recording Secretary AGENDA 1. Roll Call 2. Approval of Minutes of the September 5, 2007 Regular Meeting 3. Audience Participation 4. Chairman's Report Discussion on PBSD Board Meeting Times 5. Committee Reports Clam Bay Committee Clam Bay Monitoring and Improvement Schedule Board Approval of Clam Bay Management Permit Application Dr. Tomasko Study (PBS &J) Meeting with Commissioner Halas Widening of Pelican Bay Boulevard Pathways Budget Committee Board of County Commissioners Public Hearing Government Relations PBSD Board Member Appointment Process 6. Administrator's Report Acceptance of the Pelican Bay Services Division Website and Invoice Approval www.pelicanbayservices.com Pelican Bay Plan Reviews Capital Projects Irrigation and Landscape Improvements Phase VI Community Issues Sidewalk Repairs Hurricane Wilma Storm Damage Hurricane Charley Storm Damage 7. Committee Requests 8. Audience Comments 9. Adjourn Misc. Corres: ROLL CALL Date. Item 7047 / Pelican Bay Services Division Board Meeting November 7, 2007 1611 1 Chairman Coleman Connell called the meeting to order and asked that the record reflect all members present with the exception Mrs. Mary Anne Womble with an excused absence. APPROVAL OF MINUTES OF THE SEPTEMBER 5. 2007 REGULAR MEETING Mr. Burke moved seconded by Mr. Levy and approved on a vote of 10/0 to approve the Minutes of the September 5, 2007 Meeting as written. AUDIENCE PARTICIPATION There were no comments from the audience. CHAIRMAN'S REPORT DISCUSSION ON PBSD BOARD MEETING TIMES Mr. Connell outlined the options for starting times for our future PBSD Board Meetings. Mr. Burke stated, "Either 9:00 A.M. or noon is okay with me, but the thought that at the two hour mark somebody comes in and says you are out of here because some other group is coming in, is unacceptable ". 1 think that we are being whipsawed around and I would recommend that as Chairman you sit with the Chairman of the Foundation and work out conditions that are somewhat more manageable and acceptable. Mr. Connell replied, "I'm not sure what those are ". I think that we are being provided a reasonable option. I have been assured that the Pelican Bay Foundation and the Pelican Bay Services Division have first call on the facilities. They can preempt others. We cannot be preempted by the Bridge Club during these hours, but I don't see it being forced on us at all. I see it as having an option and I want to make sure that we have the meeting at the same time every month. Unless a majority of this Board finds that these options are totally unacceptable, then I don't know how much further we can go. Mr. Burke stated, "I am uncomfortable with this limitation on time ". Either time is fine with me, but to have a stop watch on us makes me uncomfortable. Granted, no one would like to see these meetings over within two hours more than me, but there may be occasion where they run over. If we do not have more flexibility on time, I would move for the meetings to start at noon and that would at least provide us with three hours. 7048 Pelican Bay Services Division Board Meeting November 7, 2007 Mr. Domenie asked, "Why don't we start at one and that will give us two hours and we could then extend the meeting until 4:00 P.M. "? Mr. Connell replied, "We could extend to 4:00 P.M. only if the room was not allocated for some other function ". V Dr. Raia stated, "The point that is being raised, is that if we take the 1:00 P.M. — 3:00 ' P.M. time, then on that one particular day of the month nobody else can come in unless they want to run the risk of our meeting running over. I believe that what Mr. Burke is saying is that we should have a little more seniority in using the room. If we want to go from 1:00 P.M. -3:00 P.M., with the option of not going past 4:00 P.M., that provides us with three hours meeting time. Mr. Hoppensteadt stated, "The whole issue here is our ability not to kill two times, lunch and dinner'. If you are out by 4:00 P.M. we can still turn the room fora dinner. If you want to go from 1:00 P.M. — 3:00 P.M. or 4:00 P.M., that is okay. Mr. laizzo stated, "I think by moving to noon, it gives us plenty of time should we need additional time and it provides the Foundation the time they need to turn this room around for another activity ". I think it is fair and was given a lot of thought and it is a good suggestion. Mr. Connell stated, "There is nothing to preclude us from starting at 1:00 P.M. Mr. Domenie moved, seconded by Mr. Burke and approved on a vote of 911 is for the Regular Meetings of the PBSD Board to be held from 1:00 P.M. — 4:00 P.M. on the first Wednesday of every month. Mr. Bramson cast the dissenting vote. FOUNDATION STRATEGIC PLANNING COMMITTEE Mr. Connell stated, "I have elected to withdraw as a member of the Foundation Strategic Planning Committee ". My report on the last meeting that I attended was that the Strategic Planning Committee is retaining an Urban Planning Consultant, Wood + Partners, and is in the process of gathering information from any number of people within Pelican Bay, some of whom I am told are on this Board. In any event, they are still in the basic information gathering process. I have been provided with a request from the Foundation to nominate a replacement for me because they believe that it is important that this Board have representation on that Committee and I agree. In that regard, I am going to nominate Mrs. Mary Anne Womble. Mrs. Womble is 101 Pelican Bay Services Division Board Meeting November 7, 2007 not here today, but it is my understanding that she has agreed to serve in that capacity. I would ask for a motion nominating her for the benefit of the Pelican Bay Foundation. do so ". Mr. Burke stated, "So moved ". Mr. Domenie stated, "I second that motion ". Mr. Burke stated, "Mr. Connell, what are your reasons for withdrawing "? Mr. Connell replied, "After hearing some of the comments, I felt that it was appropriate to Mr. Burke asked, "It is not the retention of the consulting firm "? Mr. Connell replied, "No, it has nothing to do with that ". I think they are on a good course and are making a conscious effort to at least put together a long term plan for Pelican Bay, by which the governance of this community can be guided or discarded, whichever they please. Mr. Petty stated, "A point of order is that you do not have to go by motion or second ". You can, if you wish to get a voice of the Board, but any member that you wish to select to serve on a Committee or as a liaison you may do so. The people who are assigned are not decision makers, they are in a data gathering mode, but that is the Chairman's prerogative. Mr. Connell stated "I simply add it in the interest of the democratic process that everyone has a voice in it and at least are agreeing with me ". Mr. Burke asked, "Will she be an observer"? Mr. Connell replied, "No, she will be a participant ". Mr. Domenie stated, "I have a comment about the Strategic Planning Committee ". I was surprised to read in the Pelican Bay Post that Coastal Engineering Consultants have been contracted by the Foundation to do work in and around Pelican Bay and Mr. Hoppensteadt you may help me. Are you familiar with the recommendations that this Company made last year to the Coastal Advisory Committee? Mr. Hoppensteadt stated, "The Coastal Engineering Consultants are a sub - contractor of Wood + Partners ". When we met with the PBSD Administrator and Chairman, it was made very clear to Wood + Partners and Coastal Engineering Consultants that we have very clear lines of delineation of what they can and what they cannot get involved with. Mr. Hall was there as well 7050 TiA Pelican Bay Services Division Board Meeting November 7, 2007 1611 A and we recognize the sensitivity to Coastal Engineering Consultants and have told them of the areas that they are not to get involved with. Mr. Domenie asked, "Are you aware of what their recommendations were as far as the pass and the ebb shoal "? Mr. Hoppensteadt replied, "I am aware that they made recommendations, but I don't recall exactly what those recommendations were ". Mr. McAlpin is here and may know more about it than I do. Mr. McAlpin stated, "I believe that you are getting your contractors mixed up ". Coastal Planning and Engineering is the company that the County used and is out of Boca Raton, Florida. Coastal Engineering Consultants is out of another part of Florida. Mr. Burke asked, "Are you familiar with this firm"? Mr. McAlpin replied, "Coastal Engineering Consultants is a very reputable firm and we are using them on a number of issues throughout the County as we speak ". Mr. Burke asked, "Do you know what they are doing in this project "? Mr. McAlpin replied, "Not at all ". Mr. Domenie stated, "That clears up that matter'. I was very concerned because the other company made some recommendations that we fought dramatically and successfully and I did not want that to come up again. Mr. Connell stated, "There is a motion on the floor agreeing to nominate Mrs. Mary Anne Womble as a member of Strategic Planning Committee ". Mr. Burke moved seconded by Mr. Domenie and approved by a vote of 911 to appoint Mrs. Womble as the Pelican Bay Services Division Board representative on the Foundation Strategic Planning Committee. Mr. Burke cast the dissenting vote. Mr. laizzo asked, "Mr. Burke, did you vote against the motion "? Mr. Burke replied, Yes, I thought she was going to be an observer as Mr. Connell was ". Mr. Connell replied, "I was never an observer'. There are two observers on the Committee, one is Mr. Joe Adams and the other is Mrs. Joanne Smith ". 7051 Pelican Bay Services Division Board Meeting November 7, 2007 1611 A Mr. Burke stated, "Going back a few meetings, I asked who the members of Committee were and nobody knew". I got an email the following day from Mr. Dave Trecker, and he knows, and he had Mr. Connell as an observer. That is what confused me. Mr. Connell stated, "That is the Incorporation Steering Committee ". Mr. Burke asked, "Do you mean they are different "? Mr. Connell replied, "Yes ". Mr. Burke stated, "Then if we are nominating Mrs. Womble to the Strategic Planning Committee then I wanted to vote yes". Mr. Connell stated, "The Foundation Steering Committee has maintained the services of LaRue Planning and Management Services, through Gulf Coast University, to assist Pelican Bay in information gathering and communicating it to the community ". That is where it stands as of the last meeting that I attended. In short, there has been no action taken, nor serious discussion following, other than this subject right here. Mr. Burke asked, "What are they "? Mr. Connell replied, "They are a planning and management service and associated with Florida Gulf Coast University in some form ". Mr. Burke asked, "Are they going to be gathering incorporation information "? Mr. Connell replied, "No, they are going to be counseling the Committee on what it should be doing as it moves forward in gathering information ". Mr. laizzo asked, "Who is paying for this "? Mr. Connell replied, "Half of it is being paid for by the Pelican Bay Property Owners and the other half is being paid for by the Foundation ". Mr. Burke stated, "We now have a fifth consultant". Mr. Connell replied, "There is only one consultant that I know of that is connected with incorporation ". All of the other names you hear are subcontractors with strategic planning. Mr. Hoppensteadt, correct me if I am wrong, but we have one primary contractor on Strategic 7052 Pelican Bay Services Division Board Meeting 1 6 ! 1 A November 7, 2007 Planning and they are utilizing subcontractors for specialties and that is where the names come in. Mr. Hoppensteadt replied, "To my knowledge, when the Pelican Bay Property Owners Association Board decided to look at this issue they contracted with three groups ". The Property Owners contracted with John Canada & Associates, Segerman, who was an attorney and Mr. Jim Carter. They formed a group to help the Pelican Bay Property Owners to look at incorporation. That initiative lead to a joint meeting of the Pelican Bay Services Division, the Foundation and the Pelican Bay Property Owners Association, at which meeting it was decided to form a Steering Committee. The Steering Committee has now reached a point where, after meeting with the League of Cities and a representative from Bonita Springs about their incorporation, followed a recommendation of those two entities to move forward with an organization that had more expertise in incorporation. The Steering Committee selected Florida Gulf Coast University's School of Institute of Government. FGCU's IOC uses a gentleman by the name of Jim LaRue, who is a professor and teacher at FGCU and they are in the process of putting together a repot to the Steering Committee that will detail and provide the basis of a town hall meeting for the community, to be able to answer questions and get issues involving incorporation on the table. That is the only firm that is working with the Steering Committee at this time. Mr. Petty stated, "For clarification, since we are talking about Foundation business at a Pelican Bay Services Division Meeting, let me clarify that the Division does not have these discussions'. These are reports from the Chairman in his interaction with the Foundation as a Director from this Board to try to avoid duplicating efforts and try to mesh as much as possible. These are Foundation contractors and not the Pelican Bay Services Division's. Mr. Burke stated, "I only said that there were five, that's all ". stated, "As a matter of information, we are investigating utilizing the meeting rooms on the second floor for Committee Meetings, not full Board Meetings ". The rooms on the second floor are more conducive to smaller meetings. The lower ceilings make communication much better than a large room such as this. However, everything that is said by the sub- committee members, as well as the audience, must be recorded. We are working on a parabolic 7053 Pelican Bay Services Division Board Meeting .1, 6 1 1 A November 7, 2007 microphone that will pick up the conversation in the room. The last thing we want to do is to make it more difficult for Mrs. Barbara Smith to transcribe what is being said at the meeting. I am just notifying you in advance of what is being contemplated. Mr. Burke asked, "Is there a Clam Bay meeting being scheduled for November 21, the day before Thanksgiving "? Mr. Domenie replied, "So far a Clam Bay Meeting has not been scheduled, but we need one ". Mr. Petty stated, "No meetings have been deleted from our current schedule at this time ". Mr. Domenie stated, "Then, the November 21" meeting will take place as scheduled ". In case we would have a Power Point Presentation from Turrell, Hall & Associates, can the upstairs room accommodate that? Mr. Connell replied, "Yes, it is a portable machine, but just as effective ". Mr. Domenie stated, "I believe we have Committees and not Sub - committees, as far as I know". Mr. Connell stated, "If you read the Ordinance it is a Sub - committee ". Mr. Domenie asked, "Sub to what "? Mr. laizzo replied, "Sub to the full Board ". BOARD VACANCY Mr. Connell stated, "Because of personal and business circumstances, Mr. Ed Staros has been unable to attend more than half of the meetings in the fiscal year just ended ". The Ordinance that authorizes this Committee and defines its' authority, specifically states that exceeding the allowable absences will be deemed a resignation. It is my understanding that Mr. Staros business schedule has conflicted with our meeting schedules. That matter has been corrected and he no longer has that conflict. In representing the Ritz Carlton, a five star hotel, I think that Mr. Staros brings a wealth of management experience to the Pelican Bay Services Division and that has been demonstrated in the past. Mr. Staros has indicated that, if at all possible, he wishes to continue as a Board member. I would also point out that Mr. David Driapsa filed to be considered for the vacancy from the commercial segment in 2006 and at that NOW Pelican Bay Services Division Board Meeting November 7, 2007 1611 A time Ms. Annette Alvarez was the successful candidate. I have no idea whether he still wishes to become a member of this Board, but I have pointed this out to you in the interest of fairness. Mr. Driapsa is a landscape architect; his business is outside of Pelican Bay as is his residence. By law, because he does business within Pelican Bay he is entitled to be considered. That being said, I will entertain a motion to recommend to the Board of County Commissioners that Mr. Staros be reinstated to maintain his term of office through March 31, 2010. That recommendation would be accompanied by a description of the circumstances which brought the matter to this point, as well as Mr. Staros' assurance that they have been remedied and he wishes to serve out his term. Mr. Burke stated, "Mr. Staros and I started on the Board together many years ago and one of the values of having him on this Board is that the Ritz Carlton is one of the Crown Jewels of the industry. I think it is important that we have that presence and that of the Waterside Shops on the Board. The rest of us are retired and we tend to put on blinders and having commercial people with responsibilities brings a perspective to this Board that is sorely needed. Mr. Bramson moved, seconded by Mr. Burke and approved unanimously that Mr. Status be reinstated as a member of the PBSD Board. Mr. Connell stated, "I will work with staff to make that recommendation to the Bard of County Commissioners ". COMMITTEE REPORTS CLAM BAY COMMITTEE DR. TOMASKO STUDY (PBS &J) Mr. Domenie stated, "Our next meeting will be on November 21, 2007 at 1:00 P.M. based on today's resolution ". Mrs. Barbara Smith stated, "No, the Clam Bay Meetings are set for the Third Wednesday of every month at 10:00 A.M. ". Mr. Domenie asked, "Will that meeting be in this room or upstairs "? Mrs. Barbara Smith replied, "Upstairs ". 7055 1611 A Pelican Bay Services Division Board Meeting November 7. 2007 Mr. Domenie stated, "I would like everybody to read the PBS &J Report thoroughly and be prepared to ask questions at our next meeting ". We have quite a few questions and they will be discussed at the November 21s meeting. FOUNDATION RESOLUTION — FLORIDA BEST MANAGEMENT PRACTICES FOR PROTECTION OF WATER RESOURCES Mr. Domenie stated, "At the last meeting of the Foundation Board there was a resolution passed that is directly related to the PBS &J Study". The Resolution is a greenscape resolution and is that the Pelican Bay Foundation initiates an aggressive education program to promote the Florida Best Management Practices for protection of Water Resources, with the intention of considering whether any stricter future action may be advisable. I think you have also read the article by the Mangrove Action Group in the Pelican Bay Post. They are also supporting the program. I was asked by Mr. Hoppensteadt if this would in any way interfere with any of our goals. I said that I can only speak for myself and not for the Board, so I would hope that if anyone has any objection of the Foundation getting involved in this program, please speak up now. Mr. Burke asked, "Is that the same program that is being used by the City of Naples "? Mr. Domenie replied, "I presume that will be the goal ". There was some discussion at the Foundation Meeting. The original motion was a little stronger, but it was felt that this resolution was more acceptable. The stronger one was that the Foundation, within one year's time, would pass an amendment to the by -laws for enforcement. Mr. Hoppensteadt stated, "To Mr. Burke's question, as specific as I can get, the document that will be used by the Foundation is the 2002 Florida Best Management Practices Manual ". We are working in conjunction with the University of Florida Extension at Rookery Bay and Dr. Bauer from the City of Naples. Mr. Burke stated, "The intent of all of this is to minimize nitrogen runoff'. Mr. Tim Hall replied, "Nitrogen and phosphorous ". Mr. Petty stated, "This is a lot like fire protection as an analogy ". The City of Naples has a wooden home and they are very interested in fire protection because they have a wooden home. In Pelican Bay we have concrete homes and everything in the home is concrete except the dinning room table, which is made out of wood. The reason I say that is that we do have a 7056 Pelican Bay Services Division Board Meeting November 7, 2007 1611 A storm water system, which is designed to treat and store runoff containing nutrients from the common household. It certainly does not hurt to have good practices in place by your landscapers in this environment where you have protection in place. That is probably the reason why the Foundation is in contact with the City of Naples and not the Pelican Bay Services Division staff who runs the water management system. The Pelican Bay Services Division has things pretty much controlled for nutrients, but it certainly can't hurt. Mr. Burke stated, "Supposedly we don't need phosphorous on our so- called grass ". Mr. Domenie stated, "Mr. Lukasz tells me that the fertilizers that we are using are down to 2% phosphorous for most applications ". That is a technical question that I cannot answer. Mr. Petty stated, "We look for turf management expertise in that regard especially since we have the world -class golf course ". Residential grass may not need it, but we can't make that statement for the golf course that has high use and where you may have to use phosphorous. Phosphorous has become a touchy issue based on the Everglades issue, which has come to the forefront of our awareness. Mr. Domenie asked, "Mr. Lukasz, do you want to comment on the repaving "? Mr. Lukasz stated, "I received an email from the County saying that they have a meeting set up with the contractor for next week to try to pin him down on the completion of the resurfacing". Mr. laizzo stated, "The walkways that are being repaired are the obvious breaks ". There are other locations that are in the process of doing the same thing and they are being by- passed. They are obvious cracks that are not raised that are not being noticed. Mr. Lukasz stated, "About one year ago I went through the sidewalks with a representative from the Transportation Department and we identified about forty areas that needed to be repaired. They are basically working off of that list. Once the list has been completed, I have notified them that I would like to do another evaluation. Mr. laizzo stated, "I would do a walk through and chalk the potential splits that are coming up". These areas should also be corrected while they are here. 7057 Pelican Bay Services Division Board Meeting November 7. 2007 1611 A Mr. Petty stated, "I might suggest that Mr. laizzo accompany Mr. Lukasz in taking a uniform look at his concerns ". Mr. Boland asked, "Mr. Lukasz is there an organic fertilizer and is it possible that we could institute that for the community"? Mr. Lukasz replied, "There is ". Mr. Petty stated, "Fertilizer by its' very nature is organic ". The production of where it comes from may have a cache to it. 1 can tell you that the people of West Palm Beach would love to send over as much horse manure as we can take. They have an issue with horse manure over there because of the concern over phosphorous, which is considered a toxin or pollutant in that community. The organic nature does not really affect what we are concerned with in water quality. The nutrients getting into our water body is our concern. Mr. Domenie stated, "In response to my article on the dodder vine, I received a call from the people at Barrington Club stating that they have a large infestation and I have given them some hints as to what they might do and also suggested that they contact Mr. Lukasz". In that connection, I drove through Oakmont and there are at least seven houses where there are trees on private property that now have the dodder vine or the start of dodder vine. We cannot do anything about that since it is on private property. Perhaps somebody might want to drive through that area and perhaps address a short note to the people telling them that they have the problem and that they should have their gardener look at it. In one or two places people have pulled it down, but it is still in the top of the tree. Perhaps it is something that we can get involved in. Mr. Domenie stated, "I am meeting with a gentleman from Bay Colony on Friday with regard to the PBSU Study ". Mr. Domenie stated, "Mr. McAlpin do you have anything that you want to address to the Board today "? Mr. McAlpin replied, "No, I am here to listen and see what comments there are regarding the Sea Grass Study and to respond appropriately". Mr. Connell stated, "Somewhat contiguous to this, Mr. Petty had a meeting relative to the Report". Mr. Petty, would you like to bring the Board up-to -date on that meeting? 7058 Pelican Bay Services Division Board Meeting November 7, 2007 1611 A Mr. Petty replied, "We had a preliminary meeting with Mr. McAlpin and discussed the County's involvement and increased involvement in coastal zone management". As you all may be aware, the County appointed Mr. McAlpin as the full time Director of Coastal Zone Management early this year. Mr. McAlpin has been involved with Pelican Bay for some time now and we have enjoyed his help and company in this regard. We talked about an expanded program, some of which has some very difficult questions to be resolved. Mr. McAlpin asked for Pelican Bay's participation in the process in a professional manner, because there are questions that must be addressed and we must get a balance for the entire County in trying to put into place what Pelican Bay has been protecting over these past nine years in the permit process. We discussed the Tomasko Report and some possible changes, modifications and expansions to our existing permit application and possibly some other people's input financially and scientifically. Basically, it is just a larger program expanding what Pelican Bay has started in Clam Bay and in particular to Outer Clam Bay and other locations throughout the County. We look forward to working with them and we have a meeting with staff again tomorrow to start the discussions on how this will be presented to the public and over what period of time. We expect these issues to come out and be decided in the next year. We have nothing to ask the Board to consider at this time. Of course, this will go to the Clam Bay Committee first for their discussion and evaluation and then their recommendation will come to the entire Board. BUDGET COMMITTEE UPDATE ON OCTOBER 23R0 BUDGET COMMITTEE MEETING Mr. Bramson stated, "The Budget Committee met for the first time this new year". Unfortunately we are in a situation where our key resource is ill and not sure when she will return. Mr. Petty stated, "Mrs. Jean Smith is out of the office and is gravely ill ". We would like you all to think of her in your prayers. She has a strong attitude and we are certainly hoping for a speedy recovery, but it appears it will be sometime before she gets through her medical process. Her back up to this is both Mrs. Barbara Smith and Mr. Kyle Lukasz. They are both trained on the system. Mr. Lukasz has always been a participant in the procurement process. Mrs. Barbara Smith has switched over very nicely after initially saying no way. She has bravely gone in, where no man has gone before and tackled the system and has done quite well. Along with that, both 7059 Pelican Bay Services Division Board Meeting November 7, 2007 1611 Ms. Lamed and I have been forced to actually work and we are looking into the system as well, We have talked with the County's Budget Director, Mike Smykowski who has been great. He walked us around and introduced us to the various people in Accounts Payable and Procurement at the various levels. The procurement process is formidable to say the least. I know the question came up in the Budget Committee Meeting about whether there is oversight and I believe it was said that once the check was cut it was safe. He is absolutely right. Once it goes through the fifteen levels of "hell" to get approved by the County, it has been certified by many people. We look forward to the process. We do not have financials for you today and would hope to have them for your next meeting. As promised at the Budget Committee Meeting, we have an experiment with a Red Light/Green Light application as was first introduced by Mr. Sutphin. This experiment is not on a project by project basis, but on a budget category by budget category basis so that you see that your revenue and expense projections are in line. Mr. Bramson stated "The other area that the Budget Committee put in place for this coming year is that we will look at Ad valorem versus Non -ad valorem ". If the Committee feels that there is some basis to go Ad valorem, we will check with legal counsel to find out if it is feasible and then bring the recommendation to the full Board. If the full Board feels that they want to move in that direction we will have to go through a town hall meeting to get a feel for the desires of the citizens of Pelican Bay on Ad valorem versus Non -ad valorem, or a modification with some combination thereof. In any event, after going back in history, there really is no good argument that has not been argued in the past and the evolution of the taxation started out on an allocation by acreage prior to building. I am not sure it was thought out all the way through as Pelican Bay became a fully developed community. Mr. Bramson continued, "Mr. laizzo has a very strong feeling on the budgeting process and wants to get much more involved in it". The Chair has some thoughts on trying to reduce some costs. There will be several members of the Budget Committee getting very heavily involved in the budgeting and meeting with Mr. Lukasz. Hopefully, the Red Light/Green Light approach will help, but the problem is that the financial statements we get are very hard to work from and are not Fund Accounting Statements. We will not be able to get the balance sheets 7060 Pelican Bay Services Division Board Meeting November 7. 2007 1611 A until the audit is done by the County auditors, which will be four or five months into the new year. The Committee does want to look at what we can do to get our-financial statements on a more current basis and the Red Light/Green Light approach is going to be a more detailed basis of looking at where things are deviating from the budget as we go along. It is not as simple as dividing everything by twelve. All of the money comes in over the first three or four months and there are expenses that are paid once or twice a year and that is it. When we budget for the year, we cannot say that in October we should have 111e. The other issue is the reserves that we have to have in order to run the Division until the taxes come in. There is a general belief that we should not be holding the taxpayer's money if we don't have to. As soon as we determine that we have excess funds and want to reduce these reserves, it will be done over a period of years, so that you don't have massive swings in the tax amounts. Mr. Petty stated, "The Budget Committee had asked staff to supply them with the Mission Statement from when the Committee was formed, to make sure that they stay on track ". I will bring that up in case the Board would like to modify that Mission Statement at this time. Mr. Connell stated, "Perhaps that can be brought up at a future meeting ". Does everyone on the Board have that Mission Statement? Mr. Petty stated, "We will be glad to get that Mission Statement to all Board members ". GOVERNMENT RELATIONS Mr. Burke stated, "I have a topic here on Clam Bay and it is not meant to step on the Chairman of the Clam Bay Committee, but I want to address it more from a Government Relations or political standpoint ". We are entering a phase of the stewardship of Clam Bay. The Clam Bay Management Plan is to serve as the basis for a renewal application of the Clam Bay Restoration Program that has been developed, reviewed and accepted by the Pelican Bay Services Division Board. Parallel to development of the Plan, the Clam Bay Sea Grass Assessment Study was conducted by Dr. Tomasko of PBSU. Dr. Tomasko's conclusions, in my opinion and the opinion of many others, were complimentary to the ten year ecological stewardship of Clam Bay by the Pelican Bay Services Division, as well as, the people of Pelican Bay. His conclusions also point out that we have opportunities to build on this ten year success 7061 Pelican Bay Services Division Board Meeting November 7, 2007 1611 q story, to make the next ten years even more productive than the previous ten. It may mean that other entities could be involved with the stewardship of Clam Bay. Entities such as the City of Naples, with regard to the nutrient load being dumped into Outer Clam Bay by city residents. The inter - relationship of the Clam Pass Inlet, its' dredging, Flushing and beach renourishment are going to be issues that we have to address. Certain Dr. Tomasko recommendations will be built into our Management Plan, which has not been done as of yet. The Clam Bay Management Plan, permit renewal and Clam Bay restoration and maintenance will be entering a new and perhaps more successful phase. Negotiations leading into this phase will be, in my opinion, political in nature. Mr. McAlpin's office, the County Manager's Office and also the Board of County Commissioners have all been involved. Fortunately, we are well placed in this Division to handle that. There will be multi - governmental agencies involved. I guarantee that is going to happen. The purpose of my comment is that I would ask each member of this Board to support the Chairman in developing the basic understanding of the Clam Bay Management Plan as well as the Tomasko Report, especially the conclusions and recommendations of the Tomasko Report. Clam Bay and its' magnificent mangrove forest is Pelican Bay's premier asset, which sets us apart from all other communities in Florida. As Mr. McAlpin said, the next year is going to be one of negotiation, development and I believe positive results. Mr. Connell asked, "When we talk about Clam Bay and enforcement, just how far afield does Clam Bay go "? Does it go beyond the authority of the Pelican Bay Services Division? Mr. Petty stated, "These are some of the questions that we have raised as staff and Committee members and is going to be one of the bigger topics at our meeting on November 21 s' ". For the first time that we can recollect, the Clam Bay watershed, estuary, or whatever you want to call it, has been expanded past the boundaries of Pelican Bay and we need to get a handle on it. I don't know that we can give you an answer today, but we expect to have one after our discussions on November 218. Mr. Burke stated, "If you look at the Tomasko Report and see the nutrient load coming in from Seagate, it is not our area of responsibility to step in there and say get that cleaned up or else ". If people in the City truly have a stake in this and are concerned, when push comes to 7062 Pelican Bay Services Division Board Meeting November 7, 2007 1611 A shove and they want to get involved, then they can take it from there. Even though it is our responsibility, we do not have the authority to make people do certain things. Mr. Burke stated, "I have one other item that I did not get on the agenda because it came up last night and concerns the Vanderbilt Library". I first started to get involved in this when 1 was at the last Pelican Bay Budget Meeting when the issue came up and 1 decided at that time to get involved ". It seems as if everyone else in the community is standing up on this, but statements were being made about the plans to close the Vanderbilt Beach Branch of the Collier County Public Library. That is a statement that is premature. At a meeting last night, I brought that topic up. You are aware that the County Commission is still waiting for the other shoe to drop on the tax roll backs and the things that are coming out of Tallahassee. There may be more budget cuts coming in January. Everybody is scrambling trying to figure out what is going to happen. All kinds of scenarios are being put together, but here are the options that are being looked at: 1. No change — status quo — the money will be there to keep the library operating. 2. No change in the operating hours. But a decrease in paid staff and increased dependence on volunteer staff. One of the encouraging things about that is that with all of the emails and letters that are being written, a database of concerned people is being built and perhaps they can be used as volunteers. 3. Reduction of library operating hours. 4. Reduction of library operating hours and increased use of volunteer staff. 5. Last resort — close the library Before you get to that, there are three cost reduction items that can be used. Mr. Burke continued, "That is the current status and I am going to stay close to that because I have a particular interest in the library". It is convenient. Mr. Connell stated, "If you don't want the public to get excited about something, you should never bring it up in the first place, because it becomes fact from day one ". I have a copy of a letter that was written by Commissioner Halas to Mr. Trecker, President of the Pelican Bay Property Owners Association and one piece of it says "please be advised that no serious 7063 Pelican Bay Services Division Board Meeting November 7, 2007 1611 0; consideration is being given to close the library, nor other definite plans of staff at this time to present it to the Board of County Commissioner for consideration ". There has been a barrage of emails to each of the County Commissioners. In any event, let's hope that some way will be found so that the library does not have to be closed. Mr. Burke stated, "You have to remember that there are a multitude of agencies that get financial support from the County Commission and they are all lined up in anticipation of these cuts. The David Lawrence Center is an example. It is important to keep your nose in on that. Mr. Petty stated, "Even though this is not Division business, the actions suggested may have impact on things that we are considering'. First, the library is being questioned, along with other services of the County because of the tax reform and various implementations of that we are seeing. The ad valorem reliance on the Property Appraisers roll has proven to be troubling. We are trying to figure out how to fix it. What you are seeing in the tax reduction by getting it on the ballot are stop gap measures. The Property Appraisers roll and use of market value is really what is hurling us, along with a few other things that have happened with Constitutional Amendments as well. At the Budget Committee level we have to keep these things in mind because currently the Ad valorem system is in jeopardy. Mr. Petty continued, "Secondly, we have to remember that Westinghouse who donated the land that the library sits on was typically very careful in delegating that title to the use and it is probable that title has a use restriction that if it isn't used for a library by the County, that it would revert back to WCI. I don't think the County would ever consider closing it because they may jeopardize title. If title is relinquished, we all know that there are close to 1,000 additional units held by Pelican Bay and should they get title to land back that was developable, they would be able to do something. I doubt that any of these scenarios come true and that is why I think we should keep that in mind when people say the County is going to close the library. That is doubtful. Mr. Burke stated, "The other factor being faced is that next year's tax bill will be based on the 2007 real estate activity". The assessments will be down and is another factor that is playing into this. 7064 Pelican Bay Services Division Board Meeting November 7, 2007 Tax ". 1611 A Mr. Burke stated, "For all practical purposes, we are operating on a Special Assessment ". Mr. Petty replied, "Yes, because this is a benefit assessment and not an Ad valorem Mr. Burke stated, "A lot of other agencies are looking at that same route if they have shortfall ". Mr. Burke stated, "My question is, if we were Ad valorem we would be on their radar screen wouldn't we "? Mr. Petty replied, "Absolutely ". Dr. Raia stated, "I would like to go on record of supporting Mr. Burke's position of keeping the library". Mr. Burke stated, "I think it would be fun working there on a volunteer basis ". Mr. Petty stated, "This was an issue that was brought up at the September Meeting, as a request from Dr. Raia, to look into the Pelican Bay Services Division involvement in the permitting process in Pelican Bay ". We had initial feedback from County staff, which we reported at that meeting and Ms. Ashton is here today to talk to some of the legal issues and concerns that may be involved. As you know there are responsibilities with planning and permitting and Pelican Bay's concern for what happens in Pelican Bay is very real and I think we need to be part of the process. 1 just don't know how far we can go and Ms. Ashton is here with the County's legal opinion. Ms. Ashton stated, "In your package there was a Memorandum to Mrs. Barbara Smith outlining some of the issues that you may possibly see if you became involved in the development review". Because of the timing, this Board cannot delay the process. Because of the timing of how the applications are processed through the Community Development Environmental Services Division, you may have to hold additional meetings so that you don't delay the process. You also should be aware that both the County staff person reviewing the application, as well as the applicant, would both be able to attend the meetings if they should desire. It is likely that meeting would become a quasi-judicial meeting where the applicant wants MITO j Pelican Bay Services Division Board Meeting November 7, 2007 16 -11 A to present testimony. It is then somewhat like an informal court hearing where everyone is under oath. If the applicant were to speak with you or you speak to any.of the applicants, you then have to disclose who you spoke with. I know Mr. Boland has been asking a lot of questions in the past on ex -parte communications and this is where it would come into play. You would have to make disclosures if you have emails or conversation with anybody. Ms. Aston continued, "I believe that there is also the possibility that there could be some lawsuits associated with the development review process ". I think you would most likely see a lawsuit if there was an unfavorable recommendation. I think it is unlikely that you would see a lawsuit if there is a favorable recommendation, unless there is some kind of delay in the process. It is possible that if there are lawsuits, you could see equal protection and due process claims. The protect being why are we being considered differently than the rest of the County. It is possible that there could be Bert Harris Claims, where the owners sue the County because they are not allowed, and I am making it real simple, to do what they want to do and they have lost their investment expectations. It is a very complicated law process, but I am trying to make it simple for you. It is possible that you, as individual members, could be sued if there was a land use litigation arising out of your review. It is possible that there could be some sovereign immunity that may or may not apply, but you need to be aware that possibility would exist. Again, I think that would occur when there is an unfavorable recommendation and I cannot tell you the likelihood if that would occur or not. That is a possibility that I do need to disclose. Ms. Ashton continued, "The County is very often sued in the land use area, especially with the Bert Harris Claims ". I believe that they do look to the Risk Management Department Director, as well as the County Attorney's Office, to make a recommendation to the Board of County Commissioners as to whether you need additional insurance coverage. I would anticipate that if there is additional insurance coverage required that the County would look to the Pelican Bay MSTBU to pay for that insurance. I don't know what that cost would be, but is something you may want to explore if you want to move forward. Dr. Raia stated, "There is a problem and I don't think your consultation addresses the problem ". Site review now is done behind closed doors and the public does not know anything fLrZL Pelican Bay Services Division Board Meeting 1611 November 7, 2007 until actual construction begins. That can be a very costly endeavor. This report is very similar to one that Attorney Patrick White had submitted some four years ago. I have to ask if Mr. Weigel had a role in writing this Memorandum. Ms. Ashton replied, "I am the one who wrote the Memorandum ". I need to correct a statement that you just made. All pending applications are on line and can be viewed by the public and the applications are also public record, which is also subject to disclosure if a request is made. It is not that these are not available if requested. Dr. Raia replied, "As a rule, people do not go looking for something, there should be a notification that something is taking place ". If you leave it up to the public they would have to get on line every day to find out what is going on and I think that is a little disingenuous. What we are trying to do is merely let the public know when something is happening. We are not approving or disapproving anything. It is just an opportunity to shed some of this sunlight on what is happening in the submission and approval process. We don't have that now. We do have it for drainage and that does not appear to be a problem. Why can't we just look at the plan and announce that such and such a thing is taking place. I want to call your attention to the fact that the Commission launched an investigation of its' own staff a few weeks ago. These things can happen. It is a matter of fact that many Directors of Planning have a revolving door. They are in that position one day and the next day they are working for a developer. The same things happen with Assistant County Attorneys. They are in that position one day and the next they are working for a developer. I think the public needs a little protection in what is happening. A lot of the decisions that are made are subjective decisions and I will go back to the Cap d'Antibes project. Staff made the determination that cluster just means bringing houses together. Cluster in Land Planning 101 has a specific definition. You create open space by bringing houses together and not to make buildings bigger. Yet, the County Attorney agreed with that position. This was basically wrong and proven in the courts. These things can happen by accident and not by intent, but at least if the public is aware of what is happening, I think it would solve much of the discontent that one hears with County government. I do feel that this Memorandum was written with the intent to see how we can stop this from occurring, rather than with the intent to 7067 Pelican Bay Services Division Board Meeting November 7, 2007 1611 q see how it can happen. It would take an Ordinance change to do this; we would not be violating any law. It would take an ordinance that permits a plan that is being generated in Pelican Bay to just be presented to this agency, not to approve it or disapprove it. We are appointed by the Commissioners and can be removed from office by the Commissioners. The staff gets the plan, they are the approval people and at least if there is something there that is of concern, we are made aware of it and I think that is the key. We then have the opportunity to do something about it and not two years later as happened at Cap d'Antibes and cost over $600,000 to settle. If we can learn these things in the beginning it could improve the relationship between County government and the people. This could be a model for others. Each PUD is different and I think it is important that the people who are governed by a particular PUD know that PUD well and have the opportunity to see that the stipulations are being observed. That is all we are asking. Ms. Ashton stated, "I take great exception to any comments attacking my honesty and integrity ". I have always held and conducted myself with highly ethical standards. I do want to address that my Memorandum specifically addresses situations where you are making recommendations to staff and that is what I was asked to comment on. Mr. Petty, on more than one occasion, has offered to research and provide the status and existence of STP applications and building permits. Mr. Burke stated, "This Board has not had a lot of discussion about this topic ". It was brought up by Dr. Raia once. I remember that my first impression was that we are not going to see a lot of site development plans coming through for Pelican Bay. What I took out of what Dr. Raia was shooting for, is not a quasi - judicial Board Review. It struck me that Dr. Raia was just looking for another set of eyes or two sets of eyes. It may not come to the Board for approval, but they may look at it and say to our limited knowledge it looks fine, but they may find something in there that they are uncomfortable with and take that back to the County staff. Dr. Raia, is that what you had in mind? Dr. Raia replied, "In essence, yes ". Also, people who abut this property would have an opportunity to come to a meeting like this and know that there is a plan submitted. It is V10 Pelican Bay Services Division Board Meeting November 7, 2007 1611 q awareness and it gives somebody a chance to say or do something about it before something is approved. Mr. Connell stated, "I see in this a level of skills and knowledge of the law and with all due respect to my associates on this Board, I don't think those skills are here ". What you are suggesting is to hire a professional, full time, to examine every permit that comes through and to select those that he believes are worthy of telling the public about and perhaps taking exception to. Dr. Raia stated, "I am not interested in permits, I am interested in site development plans ". Permits are a little vaster category than site development plans. The expertise is not that difficult, the PUD is only twenty -five pages. If you need expertise, you would call it in. All I am trying to accomplish is that we become aware when a plan is submitted. By "we" I do not mean only this Board, but the people of Pelican Bay. That is one of the driving forces for self - government and if we can address that we might be able to reduce some of the sting. My interest also is that if self- government for some reason is not successful, this is the only route we have to gain a little autonomy to be able to know what is going on in our community. Mr. Boland asked, "Don't we get to look at the site development plan for a Pelican Bay project as a function of the storm water runoff"? Mr. Petty replied, "Yes ". Mr. Domenie asked, "Is it too late then for objections ". Of course we are not going to act on anything but storm water, but anybody else can use that information. Can they stop that plan for other reasons? Mr. laizzo stated, "There should be enough information on that site development plan to indicate the setbacks or if they are violating setbacks ". Mr. Domenie stated, "We are not in that position, but the audience may be able to ". The Pelican Bay Services Division is limited to storm water approval. Somebody in the audience can certainly bring up questions, Mr. laizzo stated, "The fact is, we are part of the County and 1 hate to say that, but I would like to bring it back to the County and say we have an offset here and they are not meeting V01-It Pelican Bay Services Division Board Meeting November 7. 2007 1611 A the site requirements due to setback problems ". Throw it back into their laps for them to look at. Not that we could go anywhere with it, but we can bring it to their attention. Mr. Domenie stated, "We don't have the expertise on that ". Mr. laizzo stated, "You don't have to be an expert on setbacks ". Mr. Domenie stated, "The City of Naples has had their problems with setbacks also ". Mr. laizzo stated, "I have a quick answer for this problem ". Let's incorporate and then we will be able to handle that. Mr. Burke asked, "Was Waterside Shops an example of site development"? Mr. Petty replied, "Yes it was ". Mr. Burke stated, "I recall just the storm water portion of that material was inches thick ". Mfr. Petty stated, "The information is there ". If you use this as an indicator you not only look at those plans for water management purposes, but they give you everything you need to go to the County to request additional information so that you can study it. Mr. Burke stated, "If they were to rebuild The Marketplace that would be an example of something that would come before us ". What else in Pelican Bay could come before us? Dr. Raia replied, "A tear down ". The fact remains that there are 1,000 phantom units out there and we do not control the documents ". The documents are still under the control of WCI. WCI does not want to yield those 1,000 phantom units. Some of these less densely built areas in the southern part of Pelican Bay can be bought up and replaced with a high rise building. That is Group IV, which would accommodate a high rise building, so there is the potential. Dr. Raia continued, "The way the Land Development Code is written, there is a lot of vagueness in it and a lot of subjectivity". For instance, when Cap d'Antibes replaced the two buildings; that was considered an insignificant change and accepted. What has to be significant when you can take two small buildings and put a huge building in it's' place? Such a situation still exists for commercial changes and development. Any commercial additions or changes have to be reviewed by the Pelican Bay Property Owners Association. They don't approve it or disapprove it, but they have the opportunity to look at it and pass on it. When the final set of 7070 Pelican Bay Services Division Board Meeting November 7. 2007 1611 A plans came back and it was approved they were all different and the position of the County was that it was not a significant change. If that had been on the original plan it might have been accepted, but the thing is that there is so much latitude in subjectivity that we have to have an opportunity to see these things for ourselves. It impacts on us and not the people sitting in an office on Horseshoe Drive. Mr. Connell stated, "We have covered the subject very well and I think we need to do one of two things ". We either entertain a motion to proceed or not to proceed. When I say proceed that would be to petition the Board of County Commissioners to change our Charter to encompass an activity such as this, or Dr. Raia if you prefer, I would like to see a specific plan, the economics of it, the skill levels, but clearly define as to how you would see this work. It is all hypothetical at the moment. Dr. Raia replied, "I would like to give this back to Ms. Ashton, if she would accept it, and look at it from the vantage point of what can be done with just a review and no authority to approve ". We cannot do anything negative with the plan other than review it. If anything comes out of it because of public awareness, that's fine, that is what public government is about. If nothing comes out of it then it proceeds. All I am looking for is the opportunity for us to review a set of plans. Mr. Petty stated, "There is a bit of administrative process that I need to explain ". We write rules and regulations in government until somebody figures a way around the rules and regulations and then we change them. There is no silver bullet out there of public participation that prevents those changes from taking place. You will still have rules that get circumvented by smart people. You will not be able to think of everything in the beginning and no matter what amount of public oversight you put on it you are not going to be able to stop it. We will always have issues happen. With that mind, we also have due process and if you are a homeowner and wish to have an addition put onto your home, do you wish this to have to go through a public hearing process? Do you wish this to last through two or three months of public scrutiny? I am giving you an extreme and there may be a balance here. You must understand that there is the other side of the coin on the administrative process as well. It must be as expedient as possible 7071 Pelican Bay Services Division Board Meeting November 7. 2007 1611 A so that we, as residents, can get our business done with government. We don't want to stay there forever, nor do we want to be pulled into public discussion with our neighbors. If we are doing what is legal with our property, which it is zoned and permitted for, then we should be allowed to do so. That being said, I think there is a balance here where we can get notification to the public of processes that they may be interested in and I believe that our first report indicated we had made some significant approaches to that regard, but I don't know that we have hit the right answer yet. I believe that we can work on it. Dr. Raia stated, "As far as the timing goes, do you have any idea bow long it takes to get a site development plan "? Mr. Petty replied, "I do not". Dr. Raia stated, "It is months and can be almost a year, if not longer". We would not, in any way, lengthen that process. When that plan is submitted, we would get a copy of it; look at it and then comment. In the meantime, the detailed approval of that site development plan is taking place by County staff and they are looking at it for fire protection, etc. Mr. Petty stated, "Dr. Raia, what you are indicating is very easy to do, yes, as long as you can impose the rule ". Before you can impose the rule that means there would have to be an ordinance, which means that it would be part of the process. You can't say that it would not increase the time, because we will increase the time. If you have public oversight of the administrative process, with already existing rules and you tell staff that every move they make has to be overseen by the public, which in the case Cap d'Antibes is something that you would have wanted to do. Oversight over those administrative people over this process is something that I don't think that any government can do. You have to be able to do the rules to the best of your ability. People have rights and they go through due process and if you mess up and something bad happens, you try to fix it. Mr. Burke stated, "I am kind of with Dr. Raia on this as I understand the spirit". I am trying to keep it simple and this is a subject that is important to Dr. Raia and he has developed quite a bit of knowledge in the area. Let's say that Dr. Raia was an unofficial subcommittee, he had an associate and he saw these plans. There are a lot of people on Horseshoe Drive giving 7072 Pelican Bay Services Division Board Meeting November 7. 2007 1611 A advice and counsel on site development plans and projects. What if Dr. Raia and some other member looked at a plan and had questions about it? Mr. Petty stated, "Asking questions and looking for that data is part of the process that I think we were heading for in our first presentation ". I think we can do those types of indicators. Mr. Burke stated, "You can also send a letter". If something came out of one of these unofficial look throughs, such as the Vanderbilt library, then all the sudden you have a community rallying against it and perhaps we don't know what we are talking about and we have lawsuits. Ms. Ashton stated, "Dr. Raia did have a question that I would like to respond to ". I think it depends on how involved you want to get. If you want to designate one of your members to research this and report at each meeting, you can do that and I think you could do it as a Government Relations item and not do an Ordinance amendment. If you are going to bring other staff, which means they would have to take time to research it, then I would recommend that you do an Ordinance amendment and you could indicate that you are going to review site development plans and building permits for informational purposes only. That is how I would recommend that you do that. What you need to determine is, are you just going to review the applications, is Mr. Petty going to assist you in the review, or are you going to request a staff person to come and explain it to you. If it is for information purposes only, I wouldn't expect that it would become a quasi - judicial meeting. That is where the concern is. If all it is informational and you are just going to say thank you, that is fine, but if it is going to extend beyond that it may create quasi-judicial implications. Mr. Connell stated, "We are really talking about a "Watch Dog" group that would go independently to examine site plans ". Doing it independently and bringing it back independently to this Board or to the County ". Dr. Raia stated, "That is the direction that I was hoping we would be going ". Just an opportunity to see the plan and if there is something of concern, there is the opportunity to act 7073 Pelican Bay Services Division Board Meeting 1611 q November 7. 2007 before it is approved. If there is something of concern that could be addressed before the approval process, I think everybody would benefit from it. Mr. laizzo stated, "We don't want to see another Cap d'Antibes ". Mr. Boland stated, "Within the Foundation they have a Code Enforcement Department ". They have an expert in that department that says something needs to be done. I know our association had to repaint buildings because they were looking shabby. Maybe we could lean on that particular person for review assistance because they would have more knowledge. Mr. Connell stated, "You could be right, but 1 don't think that knowledge or expertise resides with that person ". That person is charged with enforcing the Foundation codes for color, etc. Mr. Staros stated, "I don't think that we as a Board should get involved with review ". Dr. Raia, if you want to do it as a "Watch Dog" that is great, but I don't think we have the expertise as a Board to do it. I don't think we want the liability of potentially making a decision that is emotional versus what the law requires. I, for one, would not want to be a member of this Board if we were to become a Development Review Board. Dr. Raia replied, "I don't want to go there either". Would you consider our being a "Watch Dog? Mr. Staros replied, "I have been involved with the Ritz Carlton since the day that we bought the land ". However, I was in Atlanta, Georgia during the first sixteen years. Nine years ago I returned to Collier County and in 1999 a lot of things had changed since 1983. The first year I virtually attended every County Commission Meeting there was and for those that I could not attend I watched them on television. I found out more about what was going on in Collier County that first year, than anybody else. That is always available to us. I can't do that now with my schedule, however, I still watch the television to find out what is going on and when something comes up I have found that the Commissioners are very open to the public speaking. I have made many presentations in front of the Commissioners on projects that have nothing to do with Pelican Bay or the Ritz Carlton, simply because I have an interest in Collier County. The process does exist. It is time consuming to sit through those meetings when they are talking 7074 Pelican Bay Services Division Board Meeting November 7. 2007 1611 A about something that means nothing to you. However, I suggest a little more focus on those meetings and a little more focus on the cablevision if you can't make the meetings. They always announce the next meeting date and what is going to be on the agenda and you can get involved if there is something that you want to get involved with. Mr. Connell asked, "Are we agreed that is the direction to go if Dr. Raia wishes to take ' it "? The direction would be to enlist a "Watch Dog Committee" totally independent of this Board. Mr. laizzo stated, "It is open to the Board for whoever wants to review it ". Mr. Petty stated, "Again, we are going to go through our process, which is that liaisons or positions which you choose to appoint as Chairman are within your scope to do and are to follow the direction of the Chair as far as those duties ". That information would be brought back for this body to consider, they do not have the power to decide on those issues themselves. If it is in a "Watch Dog mode" I think you need to define that because if it starts coming back to this Board for a decision, then the role of "Watch Dog" would be to make it available to the public. I would ask the Board to consider clarification of that reporting back. Does that person report back to the Board or to the public? Mr. Connell stated, "Dr. Raia I would like you to take the reins on this issue and select whomever you wish and come back to the Board with a plan to consider". Dr. Raia replied, "I accept that position". Ms. Ashton stated, "I need a clarification because you are having Dr. Raia move ahead and research whomever he wants ". If you select another member of this Board then you are creating a Committee. a plan ". Mr. Petty stated, "I believe the Chairman asked Dr. Raia to come back to this Board with Mr. Connell replied, "That is correct ". Dr. Raia asked, "Will I be able to contact Mr. Petty and Ms. Ashton about this issue "? Ms. Ashton replied, "Certainly ". 7075 Pelican Bay Services Division Board Meeting November 7. 2007 1611 A Mr. Lukasz stated, "The sidewalk overlays on the Oakmont Lake bank and Oakmont Park are complete ". The concrete repairs have been completed and the signage, identifying the different streets around the lake has been installed ". The only remaining item for the Phase IV improvements is identifying what portions of sod to replace along Vanderbilt Beach Road with the completion of the irrigation. Mr. Burke stated, 'The street signs are generating a lot of positive comments from the residents ". They love them. Mr. Lukasz stated, 'Two projects included in the Fiscal Year 2008 Budget are the bollard lighting on Myra Janco Daniels Boulevard and Vanderbilt Beach Road and the median improvements on Myra Janco Daniels Boulevard ". We are putting together the Purchase Orders with the engineering firms to complete the design and permitting, so that we can proceed with those two projects. By next meeting we should have a schedule in place for when that work will take place. Mr. laizzo asked, "Is that going to be budgeted for next year"? Mr. Lukas replied, "No, it is included in the Fiscal Year 2008 Budget". Mr. Burke asked, "At what point will we all be comfortable in calling that Daniels Boulevard "? COMMUNITY ISSUES SIDEWALK REPAIRS Mr. Lukasz stated, 'The sidewalk repairs were reported on earlier in the meeting ". County Transportation has been out there completing the original list and I will be getting with them to review the sidewalks again for any additional areas. HURRICANE WILMA STORM DAMAGE BURRICANE CHARLEY STORM DAMAGE Mr. Petty stated, "I think the hurricane information is a force of habit ". If 1 recall we have gotten the money in for Hurricane Wilma and Mr. Smykowski has indicated that the money from 7076 Pelican Bay Services Division Board Meeting November 7. 2007 1611 A Hurricane Charley was something that he was going to look into. In Ms. Jean's Smith's absence we have not been able to follow up, but we will do so for the next.meeting. May "? Mr. Domenie asked, "Mr. Hall, what is the status of the DVD "? Mr. Hall replied, "It is still in production ". Mr. Domenie asked, "What is the delay, we have been discussing this since April or Mr. Petty stated, "I believe that it is artistic differences ". Mr. Hall stated, "There have been issues with the films producers in getting the interviews coordinated ". AUDIENCE PARTICIPATION There were no comments from the audience. ADJOURN There being no further business the meeting adjourned at 10:50 A.M. z 11�-M i �� 7077 Biala _ rlalas -.- —�a ',oyle _REUCAN BAY SERVICES DIVISION BOARD MEETING {,oletta December 5, 2007 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, December 5, 2007 at 1:00 P.M. at Hammock Oak Center 8960 Hammock Oak Drive, Naples, Florida 34108 with the following members present: Mr. Coleman Connell, Chairman Mr. James Burke Mr. John Domenie, Vice Chairman Mr. John laizzo Ms. Annette Alvarez Mr. Michael Levy Ms. John Boland Dr. Ted Raia Mr. David Bramson Mr. Edward Staros Mrs. Mary Anne Womble ALSO PRESENT: Five (5) members of the public; Mr. Tim Hall, Turrell, Hall & Associates; Mr. Jim Hoppensteadt, President, Pelican Bay Foundation; Mr. John Petty and Ms. Janice Lamed, District Offices, LLC; Ms. Heidi Ashton - Cicko, Assistant Collier County Attorney; Mr. Kyle Lukasz, Field Operations Manager and Mrs. Barbara Smith, Recording Secretary AGENDA 1. Roll Call 2. Audience Participation 3. Chairman's Report Steering Committee — Incorporation Strategic Planning Committee Presentation at Men's Coffee Budget Preparation — Capital Portion 5. Committee Reports Clam Bay Committee Dodder Vine Best Management Practices by the PBSD Bay Colony Report PBS &J Report Additional Water Testing within Pelican Bay Turrell, Hall & Associates Water Quality Summary Budget Committee Update on Budget Meeting of November 27, 2007 Government Relations No Report 6. Administrator's Report Capital Projects Irrigation and Landscape Improvements Phase VI Community Issues Sidewalk Repairs Hurricane Charley Storm Damage 7. Committee Requests 8. Audience Comments 9. Adjourn CHAIRMAN CONNELL: I'll call the meeting to order. Welcome everyone. Misc. Cones: `� � '►'�1 Date:. Item 7078 -.caies to. rad 1611 ROLL CALL MR. CONNELL: The first item on the agenda is the roll call, Barbara. MS. SMITH: Let the record reflect all members present with the exception of Ms. Alvarez and I have not heard from her today, she may be running late.. AUDIENCE PARTICIPATION CHAIRMAN CONNELL: Thank you. This is the portion of our meeting at the beginning where we have audience participation. Just a reminder, if you have a question to ask or something to say, please come to the microphone; identify yourself and where you live. Unfortunately, we have to limit you to three minutes. Is there anyone who has anything they would like to say or ask? (No response.) CHAIRMAN CONNELL: I guess not at this juncture. CHAIRMAN'S REPORT STEERING COMMITTEE — INCORPOATION We move right on to the chairman's report. First item on the agenda as you can see is the Steering Committee on Incorporation. And to give you just a brief update, the planning and management services has been retained. This is through Gulf -- Florida Gulf Coast University, LaRue Planning and Management Services has been retained to assist the Committee with communicating information to the populace in general including the advances, the advantages and disadvantages as well, of incorporation. We have had one focus session with Mr. LaRue. And shortly we expect to meet again and discuss the results of his gathering of information. Certainly. MR. DOMENIE: "I'm always confused between the Steering Committee and the Strategic Planning Committee ". CHAIRMAN CONNELL: They're two entirety different committees. MR. DOMENIE: And which one is the one where the foundation is paying 50 percent and the property owners are paying 50 percent? CHAIRMAN CONNELL: That would be the incorporation committee. MR. DOMENIE: And is that under the steering committee? CHAIRMAN CONNELL: That's correct. 7079 status? 1611 A MR. DOMENIE: Okay. Thank you. CHAIRMAN CONNELL: Any other questions on that subject? MR. RAIA: Yes, Mr. Chairman. Is — is the steering committee still a study committee or what is it — the CHAIRMAN CONNELL: Just exactly as it started out It is a study committee gathering information, which eventually will result in the dissemination of that information in a series of Town Hall meetings and perhaps other smaller meetings. Any other question? (No response.) STRATEGIC PLANNING COMMITTEE CHAIRMAN CONNELL: I'm happy to tell you that the Foundation Strategic Planning Committee has welcomed Mrs. Mary Anne Womble. And I'm sure she will be a fine contributor to that particular organization. PRESENTATION AT MEN'S COFFEE Chairman Connell: At the Clam Bay meeting just last week there was a discussion about the possibility of having a presentation to the men's coffee, certainly the largest single gathering I think in Pelican Bay in or out of season. And it would in large part be to explain to that group exactly what water management is all about as it relates to the Pelican Bay Services Division. We haven't started to do anything on it yet. I spoke with Joel Adams just this past week. He's booked through the middle of August or, I beg your pardon, the middle of March. But unless there is some objection from the rest of the board, we would commence putting together what I hope is not only an informative but an interesting presentation by the services division on that subject. Anyone have any comments or questions? (No response.) BUDGET PREPARATION — CAPITAL PORTION CHAIRMAN CONNELL: The budget committee met last week, starting its first meetings on the fiscal '09 budget. And at this juncture they will be working primarily on the capital portion of that budget. And it occurs to me 1:n 1611 that this board, perhaps as a whole, should be giving them some direction on major undertakings they might be considering for Pelican Bay, as opposed to just the standard capital expense that we have each year. Something that comes to my mind is the pathways which we have on Pelican Bay Boulevard. Try as we will to keep them walkable and rideable for bicycles, they're something less than satisfactory. To me that would be a rather sizable undertaking. And if the board considers that or some other capital spend, I think now is the time to articulate it to the budget committee. Because we are working so far out in advance that if, let's say, we were to undertake something about the sidewalks now, we'd be out in '09 before we would even be able to do any planning, surveying, whatever. So I offer that for your consideration. And that is all that I have. itself? MR. BRAMSON: Question? CHAIRMAN CONNELL: Yes. MR. BRAMSON: If the sidewalks do, in fact, become a project, isn't that the responsibility of the county CHAIRMAN CONNELL: It is the responsibility of the county. I guess I'd defer to Mr. Petty as to where the funding would come from. But I expect that they would expect us to largely provide the funds for it with maybe some minor exceptions. MR. PETTY: Mr. Chairman, the county would probably expect the monies to come from Pelican Bay to advance it on the time frame. In other words, they may have it on a capital program five years in the future. And if we want to do it next year, we would probably have to do it with our funds and then look to the County to reimburse us whatever monies they had allocated. If there are improvements or changes to the bike path, a widening or overlay because of the tree issues or other issues, that's something that you'd have to take case by case, because certainly Pelican Bay may have some obligation to pay in some instances. In some instances it could be part of the county program. So we would look for reimbursement from the County for most of such a program at some point in time. MR. BRAMSON: What would be the funding gap, a couple of years? MR. PETTY: Based on history it could be as much as five years. From what I understand the last sidewalk repair program lasted up until just recently where we now have pieces of sidewalk that were fine that needed to be 7081 1611 repaired. So it can stretch out over a long period of time if it isn't taken as a priority capital program and done all at once. If it is done as a filler piece, so to speak, and I believe that's how the sidewalk program had been done, it was to fill in on other contracts. It stretched out over a very long period. MR. BRAMSON: Well, how would we undertake a full program? MR. PETTY: We would bring that information back to this body after consideration. We would contact'the county public works department and find out where it was scheduled on the capital projects calendar and we'd bring that back to you. MR. BRAMSON: That would be termed the gap between when we didn't work and we could. MR. PETTY: When we would pay for it and when we would get paid back is what that would be the terms. CHAIRMAN CONNELL: Well, are you saying, then, that the county would pay in full ultimately? MR. PETTY: Yes, sir. The sidewalk is definitely within the county right -of -way. The county has exercised that maintenance in the past. We would look at their capital program. And we would talk to the County, if it is this board's wish to take on that project. And as we already have from their Assistant Administrator, Leo Ochs, is that they'll be glad to work with us on upping projects and handling them in- house, and as long as they are somewhere within the county's budgeting system they will do what they can to work with us in that regard. So we already have that authority and direction from the county staff. We would just need to schedule it and verify cost number allocations. CHAIRMAN CONNELL: Does anyone have any thought on how we might proceed in this regard? (No response.) CHAIRMAN CONNELL: I hope this isn't going to die for lack of interest. MR. BURKE: I think its a good idea. You know, definitely a good project. MR. PETTY: If I may suggest, the procedure would be to ask the Budget Committee to consider the matter. If the Budget Committee finds merit to it, to bring back to this body for consideration. MR. BURKE: Mr. Chairman, it would make sense for Mr. Petty to find out what the county's schedule is. CHAIRMAN CONNELL: Sure. MR. IAZZO: I think Mr. Lukasz can add some information since we've already done some of the cracks. We've already repaired some of the cracks that have been a nuisance. 7082 16I1 They have made a pass. I understand that they're busy and once they leave the area we don't know when they're going to get back, but we are being taken care of. I don't know what the time is, but we are presently being taken care of. CHAIRMAN CONNELL: You're referring to maintenance, though. I'm talking about widening -- MR. IAZZO: Oh, you're talking about widening. CHAIRMAN CONNELL: Yes, and improving the walkways. MR. BRAMSON: That's a major gap. That's a board decision, not a Budget Committee decision. CHAIRMAN CONNELL: Well, that's why I put it in this part of the agenda. I think its worthy of consideration, but by the entire board. The Budget Committee would not suddenly say "Lets spend X and go ahead and put all new walkways in." MS. WOMBLE: Could we first find out from Mr. Petty, from his folks that he can talk with, whether or not this is something that's viable at this point in time and what the possible program is and what length of time? MR. PETTY: I can, yes. That's fine. I can tell you that it is viable. It is certainly something that we have discussed. It's very close to projects that we have used as examples in talking with the county. And the issues about timing and dollars are going to be difficult because we don't have scope yet. So I'll be glad to confirm with the county, but we do have some work to do up front on discussions and scope and how wide do you want it and what are we going to try and avoid. And I think those are what we're talking about here today. We can take that direction from this entity and start that preliminary discussion and bring it back to the board in January if that's agreeable? CHAIRMAN CONNELL: Yes. And my whole objective was to just get some thinking started on it so we could come back and talk about specifics. MR. BOLAND: Coleman. CHAIRMAN CONNELL: Yes. MR. BOLAND: I'm sorry. Are you talking maintenance or widening? CHAIRMAN CONNELL. Widening. Well, I'm talking about putting in all new pathways. MR. BOLAND: Well, you know, we had this discussion a couple months ago. First of all, one side is all trees, the other side some of the associations maintain and pay for them. You'd have to buy them out. So you'd have 7083 1611 A to find out how much money it would cost us to do it. Plus, you have to, I think, destroy a lot of trees. I think that would just get the people of Pelican Bay really upset. I just don't see it as a feasible project, my personal opinion. And I thought we kind of talked about this a couple months ago and said we weren't going to be involved in that. Maybe I'm missing something here, but that's my opinion. CHAIRMAN CONNELL: Yes, John. MR. IAZZO: That's correct. We did have a discussion on widening. I don't think that ever went through, Coleman. MR. RATA: No, it didn't go through. MR. DOMENIE: This was a result actually of the repaving of Pelican Bay Boulevard and the re- striping. That's how we got involved in the sidewalk issue and widening of the sidewalk issue as a possibility. But why are we talking about widening? To accommodate bikers, is that what we're talking about? I have no idea why we're talking about widening. MR. IAZZO: I have no idea. MR. DOMENIE: Incidentally, my wife has walked to the Beanery and said, that sidewalk still needs a lot of work along Pelican Bay Boulevard. CHAIRMAN CONNELL: Okay. There are some parts that do not need widening, but the walkways are not uniform in width. Now I'm not advocating that it be done, but I think we should be paying attention to it. This constantly repairing them, its reached the point that before the blacktop is even bleached out there's a huge crack or upheaval on it. And it seems to me that that is not in keeping with the way we see Pelican Bay. MR. IAZZO: And right now the county does take care of the roads and walk paths. CHAIRMAN CONNELL: I understand that. MR. IAZZO: If we should ever take that over, they're going to wash their hands of ever coming back to do any repairs. I would say let this thing die now and don't even go out and get an estimate. Its going to be spinning wheels. MR. PETTY: Mr. Chairman, if that were the case, staff would be recommending the same thing that our board member just did. But we spent the last nine months talking with the county on the fair share revenue issue and m 1611 A the needs of Pelican Bay. And this is one of the things that we have gotten for Pelican Bay, is the ability to take on these types of services just to up it in the schedule without relieving the county of their responsibilities when it comes to the dollars. So if it were the case that we would take it on and the county would just keep all the money, I would be recommending the same thing. But in this case, I think we can hold them to it very strongly and we've got a very strong commitment from the County on that issue. DR. RATA: Coleman, I'd like to add a comment. I think this is the County's responsibility. They've already admitted to it. So that's not the problem. I think there's a lot of hypothetical comment about how many trees are going to be taken down and how much property associations have. That may all be true, but this is information we should obtain before we go ahead and say "yes" or "no." I think that it has been decided that we don't want to have bicycle paths in the road. And if you don't want to have them on the sidewalk, you know, where are you going to put them? I mean, it's going to happen. I'm not saying we should make the sidewalk a bicycle path. But, obviously, if we made them a little bit wider than they are now, it would make it safer and encourage people to get off the road and stay on the sidewalk. The sidewalks really aren't used that much, so I would like to see that we do pursue looking into this and find out what the cost is. MR. BURKE: I would support that. MR. BRAMSON: I would support that as well. We need the paths, the options. And then we could decide intelligently. Right now, I don't understand where we have to buy sidewalk from any of the condos because its not their property. They may have maintained it but its not theirs. MR. BOLAND: Talk into the mike, can you? MR. BRAMSON: John, I don't understand why we have to buy any of these sidewalks back from the condominiums because its not their property. They may have maintained it, but it's public property. MR. BOLAND: I don't think so. I live in Crescent. I'll use my own association as an example. We pay a lot of money to maintain to the right of the sidewalk going north. It comes out of our budget, our money. Its got to be our property. If that was County property, okay, why are we paying for it, then? Why isn't Crescent paying for it? Believe me, our board looked into it. We were told this is our responsibility. I don't think its public property. MR. BURKE: The fact is, Mr. Chairman, we don't know and what you're suggesting is we find out. 7085 1611 A CHAIRMAN CONNELL: Exactly. I'm going to ask staff and I'll be glad to work with them to gather the initial information which would at least give us some clue or hint as to how we should proceed. We may find that it is not feasible at all, but I think we should take the first information gathering steps and I know the staffs really busy with the temporary loss of Jean Smith. So the January meeting would be fine, but hopefully we could have it done by February. DR. RATA: Coleman, I might add that its probably true that the county line ends at the outer edge of the walkways, but we don't know for sure exactly where that line is. However, many associations might be glad to grant a foot easement or so, and it may, you know, let's find these things out. CHAIRMAN CONNELL: Fine. Lets move on, then. Yes. MR. BRAMSON: Regarding budget preparation, this capital and anything else should be presented to the Budget Committee for consideration as the budgets going to start being prepared in another two or three months. So the sooner we gather any input on capital projects, the better off we all are. CHAIRMAN CONNELL: Anyone else? (No response) CHAIRMAN CONNELL: Fine. We'll move on, then, to the Clam Bay committee. John. CLAM BAY COMMITTEE BAY COLONY MR. DOMENIE: I'm sorry. It's going to be a long one today. Kyle, I'm — I'm going to change the order to Bay Colony first, dodder vine second and then the PBS &J report, if I may, Mr. Chairman. CHAIRMAN CONNELL: Certainly. MR. DOMENIE: Kyle is going to put up in just one second. You may have to — MR. LUKASZ: Can you switch the order for a minute while I get this up? MR. DOMENIE: No. Go ahead. I visited Bay Colony at the request of the Foundation to see what their water management was like. And so I went there and I took some pictures that I just wanted to show. Bay Colony has a group that manages most of their assets. And 80 percent of the grass and public property, shall we say, within Bay Colony, is all handled by that group. And they tell me that for the last five years they have not used any phosphorus on any of their grass, but probably on palms and some flower beds they have used fertilizer with phosphorus, but that came as a surprise to me IIm 1 b 1 1 and a very pleasant surprise. Well, if we can't see the pictures, let's not — keep trying, Mr. Lukasz, and if you get them. And basically what I saw, there's a little pond and there is absolutely no pollution as far as I can tell there. Then there is a small other bay that does connect with Upper Clam Bay. And there I took some pictures, but the whole surrounding area is surrounded by concrete wall and rip -rap. So I doubt if there is any possibility of fertilifers flowing in there at that time. So I was very, very happy with what I saw. The only problem which may occur in the future and, by the way, I've shown these slides to the Foundation also, is that there are some mangroves starting to pop up in that rip -rap. Some people in Viscaya five years from now are not going to be very happy if they lose their view. The other thing was that there was some increase in phosphorus in that area. When I say some, it was very, very little; less than any where else basically. And one of the reasons which I think, Mr. Hall, were you the one who told me or Gary McAlpin, he's not here, so perhaps it was him who told me that some of the mangroves that we lost in the eady'90s and who are lying there dead is that as they decay, they may be releasing some of the phosphorus which was taken up earlier. So that's something that we may want to look into. DODDER VINES MR. DOMENIE: Let me go on to the next subject, dodder vines. I made a presentation both to the Foundation as well as the Clam Bay Committee about dodder vines. I don't know if anybodys familiar with them, but they have become very invasive. We hear Mr. Lukasz destroyed some along US 41 about two months ago, but they are already starting to come back high up in the tree tops. I counted 13 private properties within Pelican Bay, that have dodder vine, d- "- d-e -r, dodder vine. And we, the Foundation, I mean the Services Division, counted 11 places where we now have dodder vine infestations. Most of those are along Greentree Drive and Oakmont Parkway and that little park where Greentree and Oakmont meet. So I think this is something that should be taken very, very seriously. If we don't stop that in its tracks, it is spreading very rapidly. Just now I drove past the Pavilion. If you look at 41 along the Pavilion, you'll see a couple of trees have it also. I think what Mr. Lukasz was looking for was pictures of the dodder vines that I had taken. 7087 1611 4 Pardon me? MR. BURKE: How do you get rid of it? MR. DOMENIE: You don't. You have to pull it down manually from the trees. And its very difficult to pull down because it embeds itself into the bark. As you pull it down, you may be dropping little seeds. These seeds can remain dormant for five years. The plant starts in the ground and then finds a host tree. It starts climbing up. And once it has established itself in the tree, it gets rid of the roots. So you cannot just cut the root off. You cannot spray it with anything because you'll kill the tree too. Mr. Lukasz, you haven't made any progress on the rest, have you? MR. BRAMSON: What's the solution for the dodder vine issue? MR. DOMENIE: Then: is really no solution, except a very careful observation at all times. And if you see something, to immediately get after it. If you pull it down, they recommend that you put a plastic sheet on the ground so that you don't drop seeds on the ground. And, as I said, there are 11 private properties that do have dodder vine. And I gave a list of that to the Foundation. Yet today, for instance, I saw another one. And I don't know if its at the villas or at The Club of Pelican Bay. You'll see some there too. MR. BRAMSON: Then apparently there is a way to cover the ground with plastic and tear this stuff off? MR. DOMENIE: Yes. MR. BRAMSON: So that has to be done, otherwise, you're going to lose the tree in some period of time? MR. DOMENIE: That is correct. That is correct. If you leave the dodder vine grow, eventually it will cover the tree and kill the tree. MR. BRAMSON: What is eventually? MR. DOMENIE: Pardon me? MR. IAZZO: How much time. MR. BRAMSON: How much time? MR. IAZZO: Twenty years? Five years? MS. WOMBLE: It depends on the tree. /m MR. HALL: It does. It really can depend on the actual conditions that you have and the amount of rain. MR. IAZZO: Mr. Hall, do you mind, please identify yourself? MR. HALL: Tim Hall of Turrell, Hall & Associates. The amount of rainfall we have will contribute to the growth rate of the plant. Usually what happens is during our stormy season and the winds, because of the additional canopy that it creates and the resistance to the wind, you end up with a lot more broken branches and broken trees because. It also in nature, fire helps. That's not really an issue here, but that is another way to potentially get rid of it on a small scale. Sometimes they'll use fire or actual hand -held burners and bum the vine down, but that also bums the tree. But unlike herbicides, it doesn't kill the whole tree, it kills that small portion of it. So there are ways to control it, but they are all very labor intensive. And the best is just a very active maintenance program. When you see it, get rid of it. MR. BURKE: Mr. Hall if its killed at the root, does that mean up in the tree? MR. HALL: No. What happens is it grows up into the tree. Its like and orchids. It doesn't have to have roots into the ground. It starts out that way, but as it gets up into the tree the bottom portion can be taken out, but they will still survive because of the nutrients it takes off of the tree. MR. BRAMSON: So is it then we have to do something. This is something that the Services Division must do something about, at least to the extent that its on Services Division trees. MR. PETTY: This is standard maintenance, and this is a plant that is not desired in our sculpted beds where we have our plants. In nature, back in the woods, I'm not so sure it is a problem back there. This is a natural plant. But in our areas we have specific plants that we are trying to keep in Pelican Bay. And the dodder vine is a weed to us. So I think Mr. Domenie is properly bringing this up for our attention and then trying to initiate possibly even some public information so that the problem will get smaller and smaller over time as we get it whittled down some. Right now we've quite a bit of it in Pelican Bay, more so than you think. When you start looking for it, you start finding it all over the place. So Mr. Lukasz is out there with the guys. And they've got the bucket truck and other pieces of equipment that they're using to do that maintenance. 1 think Mr. Domenie is going to be opening up the possibility of the Pelican NKOMO 1611 Bay Services Division doing some type of public information service to try and bring the rest of Pelican Bay to help out. MR. BRAMSON: So it's being done now. MR. PETTY: Yes, sir. MR. BRAMSON: In our own our trees? MR. PETTY: Yes, sir. MR. BRAMSON: Okay. And that's part of our budgeted maintenance? MR. PETTY: Yes, sir. MR. BRAMSON: Okay. DR. RATA: Are there particular types of trees that get infested with this or is it all trees? MR. DOMENIE: Apparently some trees host them better. Again, I defer to Mr. Hall. MR. HALL: Usually it's in the sandy or transitional areas. So you will most commonly find it in the oaks, wax myrtles and some of those transitional types of trees and shrubs. MR. DOMENIE: My concern, of course, was the mangroves, but Mr. Hall tells me that the chances of that are very, very remote. MR. IAZZO: Do you find his problem closer to 41, Mr. Hall? MR. HALL: Most of the areas where I have seen it in the system have been in the old drier areas. So, yes„ along 41. The property next to the shopping center where Albertson's is where its still pretty scrubby. MR. IAZZO: This is not unique to Pelican Bay. MR. HALL: No, absolutely. Its a natural plant, a native plant. It's not an exotic. Its a native. MR. HALL: Its just because we don't have some of the natural controls anymore. It becomes more manual labor. MR. DOMENIE: I asked the Foundation and I gave them the list of addresses that I saw and they are taking action. I think they're addressing the people. I also suggested they get a bucket and lend it out to those people whose property are infected and they're looking into that. MR. BRAMSON: Is it a contagious thing? Is there a danger that it would spread from the trees on the primate 7090 1%11 P property? MR. PETTY: The seeds move very well. Animals can transmit the seeds. Even with the plastic underneath, its going to spread. It's over across the street in Pine Ridge. Its a very common plant here in South Florida. We're just trying to make it so that it is not so common in Pelican Bay. And it would help our maintenance cost go down if the private property owners also have that same diligence that we are trying to do. MR. BRAMSON: Maybe we should be strongly encouraging the Foundation. MS. WOMBLE: John, am I correct in assuming that the farther away you get from the gulf, the more likely it is to find it because of salt? MR. DOMENIE: I do not know that. MS. WOMBLE: Mr. Hall is that correct? MR. DOMENIE: 1 have no idea. All I know, it started as far as I could see along 41. And it has moved west about 200 yards. MR. HALL: The seeds won't germinate in salt water, which is why it's not as big of a problem in the mangroves. Its harder for it to get established. Normally when you see it in the mangroves, it's because a bird or something has taken a piece of it, built a nest or incorporated it into a nest and then it kind of takes off from there. Its not a big issue in the mangroves like some of the other vines. We have the morning glories and all the rest that are a much bigger issue in terms of the mangroves. Its not really the separation, though, from the ocean. It could be right next to it if the conditions are right in terms of the soil and all or, like you said, right next to 41. It just depends on the site. MS. WOMBLE: Thank you. CHAIRMAN CONNELL: So the Services Division's role in this would be educational, am I not correct'? Information and education? MR. PETTY: That's what we had discussed. CHAIRMAN CONNELL: Oh, we have no problems to go in and remove it? MR. DOMENIE: On public property. 7091 161 CHAIRMAN CONNELL: We do, of course, there. I'm not talking about private property. There we're at the mercy of the owner as to whether he does something about it, but it needs to be formal. It needs to be ongoing. This would be a wonderful educational process that could probably be more popular than bicycle lanes. MR. BURKE: No, nothing could be more popular. MR. HALL: I think that one of the things we talked about is the Board and the Services Division does have periodic mailings. In the past we have done educational papers, little summary sheets on the cattails and all. You could do something similar to that for this and send it out in one of the mailings to all of the residents to help bring their attention to it. MR. BURKE: Mr. Domenie, you've identified associations that have this vine? MR. DOMENIE: Yes. MR. BURKE: And if they're told they have it, wouldn't they move immediately to remove it? MR. DOMENIE: I would hope so. MR. LEVY: The Foundation has code enforcement. MR. DOMENIE: It is with code enforcement. MR. LEVY: The code enforcement people have to be told. They'll be on them in a flash. MR. DOMENIE: Well, I told them three weeks ago and I gave them a list of all the properties and they said they were going to address it. I have not seen anyone that has removed it. But one of the problems is its high up in the trees and unless you take it all down, it doesn't help. So I think they're working on something like trying to get a bucket. And, incidentally, there was an article in the Pelican Bay Post. I wrote an article in the Pelican Bay Post about dodder vines two months ago. Mrs. Smith has been working on something also. PBSW REPORT MR. DOMENIE: The next item is the PBS &J report. And 1 don't know how many of you remember this copy of the Naples Daily News. It says, Outer Clam Bay, Pelican Bay, Naples, Collier seek to cut pollution. In that it says, The consultant's report used pollution loading model to estimate that levels of nitrogen and phosphorus components of fertilizers increased by 108 percent and 416 percent respectively from 1981 to 1998 in Outer Clam Bay. The water has also gotten less clear as measured by 525% percent in the level of total suspended 7092 1617 solids. Much of the pollution is coming from as far as south as downtown Naples the report shows. Well, I took very high exception to that because it is not true at all. And I sent the e-mail to Jeff Lytle asking him to write the letter. He said, no, and he passed it on to Eric Staats. And I have not heard anything from him since November 24th. I was very disturbed. So I then made the decision on Friday to write a letter directly to Commissioner Halas. And, if I may, I would like to read it into the record. And, unfortunately, the statistics that I have don't show up properly there. It says, "Dear Commissioner Halas, as the following has not been discussed at a meeting of the Pelican Bay Services Division, I'm required to state, quote, the following statement is made without the consent or approval of the board of the Pelican Bay Services Division and, thus, merely expresses my own personal opinion." "On page 1 -B of the Naples Daily News dated Saturday November 24th, there was a headline, Pelican Bay, Naples, Collier Seek to Cut Pollution." And I quote that passage that I just read. "I have the highest respect for Mr. Staats. And the last sentence in the paragraph is, indeed, correct. But the actual figures he presents are grossly erroneous." "My reading of the report indicates that nitrogen in Outer Clam Bay mangrove showed no increase rather than the 180 percent indicated above. Phosphorus showed a 5 percent increase rather than the 416 percent indicated in the article. And suspended solids also increased 5 percent and not 525 percent as shown. See pages 33, 34, 35 of the report." "I can readily understand the confusion in Mr. Staats reading of the report as even I do not fully understand when the author of the report is referring to Clam Bay, Clam Bay water shed, Outer Clam Bay, Outer Clam Bay mangroves, at cetera. Further, the time period is also confusing and definitely does not refer to 1981 -1998 time frame." "As the title of the charts refers to the gross historic and gross current statistics, it is my opinion or interpretation that the charts in question refer back to those approximate dates, 1940s to 2007. We do know how he defines Clam Bay mid as shown on page 11 as being the area from Seagate south to about Banyan Boulevard. And Clam Bay south as the area from approximately Banyan Boulevard to the vicinity of Fifth Avenue South. CHAIRMAN CONNELL: Excuse me, John. MR. DOMENIE: Yes. 7093 1611 A CHAIRMAN CONNELL: Could I make a suggestion that this be read into the minutes by a motion which will make it a part of the Minutes and will spare you having to read the entire letter? Would that be agreeable or do you have some cogent points that you want to make? MR. DOMENIE: Well, I have no problem. " 1 finish thanking the county commissioners for the work for the $40,000 investment. And the study merely confirms your confidence in that Pelican Bay is doing its best to reduce the contamination flowing into the gulf and at the same time protecting and preserving a major county asset. Yours truly." But — and I'll hand it over for the record, but most important is that you received a sheet that has the figures in it and you'll see how distorted the newspaper article was. Outer Clam Bay mangroves showed no increase in nitrogen, 5 percent in phosphorus and 5 percent in suspended solids. Seagate Drive, that was the originator of the problem, shows nitrogen with a 98 percent increase, phosphorus 421 percent and suspended solids 697 percent. And I think that is very important that we are all aware of that. MR. BURKE: What I would suggest to you is that you ought to send a letter to Eric Staats. Because knowing how those reporters work, they'd love to have the information handed to them. MR. DOMENIE: I'll do that. I'll send him a copy of this letter. Unfortunately, I don't know what happened, but Mr. Lukasz had prepared it for me to show. And, in fact, what I did also for the community is that I've asked the Pelican Bay Post to print it, but ifs being discussed at the moment at the Foundation level. I think ifs very important that people in the Pelican Bay realize what a good system we have and that we are not contributors to the pollution that we were being accused of. MR. BURKE: This would give Eric a basis for a very nice article in the paper. MR. DOMENIE: All right. I — I will send a copy of it. Thank you. MR. PETTY: Mr. Chairman, if I could. Before we send copies off to the newspaper, may I make a suggestion? The facts have been known that Pelican Bay is a non - polluter for 25 years. For the last eight years, sir, we have been working very hard on a hard project which is trying to save the mangrove forest where we have been very lucky and have been rewarded in our efforts. 7094 1611 :A We have the facts and the information on the water quality. 1 would suggest to you that we not have any member send information to the Naples Daily News. That we wait until we have our summary report from Turrell, Hall & Associates, which basically takes the last eight years of what we've done in Clam Bay and summarizes it. And at that time decide how we would wish to work with the media and with the public on the dissemination of that information. Possibly having someone from this Board, or the Chair, go and talk to the editorial board of the Naples Daily News and stating our case and giving them background. That's usually where you go, instead of writing it yourself when you're trying to get your licks in. And then we try and talk about the dissemination of the video that we've gotten, which summarizes this together for public use before we start going off on various tangents, particularly on a story where we know that the author tried to do a good job, but this can be very difficult to follow. These numbers are tough. We know that. Thank you. MR. DOMENIE: Now, I have another sort of warning to everybody. I like Mike Bauer. He's doing great things for the city. But the PBSW study has backfired onto Seagate and the city. The goal was to have Pelican Bay clean up its' mess, but it would appear that the mess lies in the city. So what is the solution according to the Naples Daily News quoting Mike Bauer. "I think it may result in the city — the city and county wanting to work together to resolve the issues with Clam Bay." Again, we don't define "Clam Bay." The article goes on to say, "That talks have included consideration of a taxing district to pay for Clam Bay." Again, its not defined "improvements." Are you hearing what is being said? They want to create a taxing district to pay for Clam Bay clean up. "There is no need for Pelican Bay to clean up. The cleanup is in the city. Neither the County nor Pelican Bay should be bamboozled into joining a taxing district to clean up Seagate and the city's problems. Be very aware of this. Seagate opened a can of worms for themselves and the city and they want us to pay for cleaning up the city's pollution." I just want to alert everybody that there is a possibility that somebody wants to impose a taxing district, which would include us and I think we should fight that at every turn possible. MR. PETTY: I hate to interrupt because these points are all valid. As I reported to you at the last meeting, we were in discussions with Mr. McAlpin and the City of Naples on the issue of water quality. That we had basically come to the same conclusion that the Tomasko Report showed. No problems associated with Pelican Bay's estuary 7095 1611 system, which we call Clam Bay and that's what most people know it by. This new name that refers to something south of Seagate is a new name. With that being said, we've told you that we would like to talk professionally, unemotionally with the county staff as these issues come up, not that they would be accepted, of course. We would like to talk to them professionally and without emotion. This is one of those issues. So before we rattle sabers, so to speak, over'the issues which are clear, Pelican Bay has a reputation and a position here. You might want to let staff work on this a little bit. MR. DOMENIE: Okay. No problem. I have a long list of things in relation to that. I won't go into them, then. BEST MANAGEMENT PRACTICES BY THE PBSD MR. DOMENIE: Regarding best management practices by the Pelican Bay Services Division, in first place we, the Foundation, as well as the Mangrove Action Group and Marsha Cravens have had two articles in the Pelican Bay Post which comes under part of this education process about best management practices for individuals. We are looking at the same thing. We had recommended and I think we are going to do. Every one of our employees is going to go through that Rookery Bay course in the near future at a cost perhaps of about $500. And I think we're doing right there. ADDITONAL WATER TESTING WITHIN PELICAN BAY MR. DOMENIE: We are going to do some additional water testing both in Bay Colony as well as within Pelican Bay to see if there area traces of any specific areas of pollutant within Pelican Bay. And Mr. Petty and Mr. Lukasz have agreed to that. The cost may have to come. Its a small amount, but if there is any cost it will have to come out of the East-of-the-Berm Project. BUDGET COMMITTEE UPDATE ON BEDGET EETING OF NOVMEBER 7.2007 MR. BRAMSON: At the last meeting the first item we did was review of the charter of the committee which only goes back about four years when the committee was first created. We looked back at the minutes that created it. We looked at the second committee meeting's minutes where they examined what they were supposed to be doing and found that we were doing what we were supposed to be doing. We then proceeded to discuss our participation in the budgeting process. I appointed or asked two members individually because you can't have a subcommittee of more than one to participate. So we have two subcommittees. 7096 1611 A John laiao is going to be working in the budget process to find areas where money can be saved. This is an area in which he has a great deal of interest. And so I asked him to please pursue.this as the budget process evolves. I asked Mike Levy to also be a committee of one in reviewing the process itself to see that it's being done in some reasonable, rational way. That we could be satisfied that there is a reasonable budget process going on when we present the budget to the full board. Lastly, there was an ongoing discussion of the different methodologies of taxation. And a discussion of the pros and cons of basing it on value or basing it on units and the assessments. And there are a not a lot of apparent negatives to going to a system which is totally based on value. At the same time, Mr. Petty informed us that there was a method of where we could go partially on value without losing the benefits of being able to have contributions from the Philharmonic and the St. Williams Church. There will be further discussions at the Budget Committee level. And hopefully by the spring we will present at least the recommendation or an open report to the full board. CHAIRMAN CONNELL: Any questions? Discussion? (No response.) CHAIRMAN CONNELL: Hearing none we will move on to government relations, Jim Burke. GOVERNMENT RELATIONS MR. BURKE: Mr. Chairman, I'm deferring my reports to January and February. CHAIRMAN CONNELL: Thank you very much. Administrator's report and capital projects. ADMINISTRATOR'S REPORT MR. PETTY: Mr. Chairman, if I could, I'd like to divert from that a little bit and talk to you a little bit about the monthly financials that we promised to show you. And its more probably more germane now right after the Budget Committee because we presented it to them first. The Budget Committee allowed us to leave the room alive, so we decided we would bring it to you and see if the full Board liked it. Monthly financials can be a pain. They can be difficult to follow. They can be archaic. Hopefully, ours are not. We tried to put this together as a one -page summary report. It is based in format on the budget. And, hopefully, that way we can keep a direct reference to the budget that you approved and can now be followed by monthly financials which show you the balance by category. 7097 1611 A We look at it based on the budget. You're looking at categories marked as a cash flow carryforward and unrestricted carryforward, a carryforward for projects. Got a lot of carryforward. Part of the reason why we define it as such is because you've heard these terms during discussions and it has become confusing. The County has a certain accounting practice which you've heard, which is if you approve a project in this year and you get the money for it this year and if you don't spend it, it still stays assigned to that project. And It gets carried forward to next year. That's why we still have east of berm in our budget. It was a carryforward project. We've tried to define this. The cash flow represents the three - and -a -half months that this board has directed us to carry and that is so we have enough cash to last until our money comes from the tax collector. And as you're going to see, money is already starting to come in during the month of December. We're bureaucrats. We're going to tell you worst -case scenario and plan for that. That's why we wanted three - and -a -half months instead two and a half. Carryforward, that's the unrestricted carryforward, basically the efficiencies of past years that you're bringing forward. Because we never give money back to the taxpayer, but we don't get to take it home either, we have to spend it on something appropriated by this group. So it gets carried forward. And in this case, $623,475 is the calculated carryforward to handle operations. So we're making sure we're not leaving money sitting in the car. We're going to use it for our budget. Carryforward for projects is just like the east of berm that we discussed. So we're showing it to you so that you can track it so that we can show you what's going on with it. Since it is a carryforward, by definition, it is available to us at the first day of our budget. And that's why the year -to -date numbers are showing 100 percent of the budget to value. To the right it tries to explain why that money is shown or what conditions of that cost or revenue source there is. We then go on to inter -fund transfers and then is Fund 111. That is the municipal service unit overlay of the county over all unincorporated Collier County. It is used for such community projects as entry features and landscape. In our case this is where we get the money for the Clam Bay system from the county. We also have inter -fund transfers and, again, we've labeled it so there would be no mistake, TDC funds. In the past what we've asked for is any funds from the County that were applicable to the work that we were doing that they would share with us. In the past they have sent $11,000 of TDC money. And this would refer to any work up to 1•: 16f1 $11,000 where we would dredge sand out of the pass and put it on the beach. So that's the only TDC funds that we are eligible for, just for beach re- nourishment. And they can help in that regard. It is probable that we're not going to use that this year. It is probable that we probably won't ever again since we're having the dredging being done by the County now. But it was there in this year's budget and that's why we show it. Inter -fund transfers are miscellaneous. We all know what miscellaneous is. And then interest income, which is our projected amount. And, again, to the right where it says income -to -date monthly, we try and give you some understanding of what we expect the interest income, the entry being end of each month with expectations of income lowering after the first month, then increasing with assessments in January, then somewhat stable thereafter. Again, as our cash flow goes up and down, we expect to earn less or more interest. Plan review fee income is also in your budget. We don't expect a lot. And we've already had one customer this year so we got a little bit of money. Ad valorem assessments, typically that's the streets and had been security in the past. Since we are funding that from surpluses, it will not be shown for a while and not this year. This year we also have non -ad valorem assessments. That's where 98 percent of our income comes from. And, again, we're showing you actual dollars. And the column on the left is the actual. The column on the right is budget. Green flag, red flag and the 85 percent that you see in red over here, that's the programming that went into this. So as we enter actual conditions in this column, I get a red flag or a green flag. And this one isays "no activities expected until mid late December." And we actually have developed a curve to fit that profile. And I'm going to walk you through it because that's also part of the handout. Its not equal monthly allocation. It's not high summer. Its not high winter. It is the tax receipts curve, we call it. MR. LEVY: Mr. Petty, you've already got a million dollars here? MR. PETTY: Well, yes. MR. LEVY: But you said no activity expected until late December, so you're ahead? MR. PETTY: Yes, sir. The County was very good about the disbursement. I think you can remember that I'll give you a worst case all the time. But, yes, this does show that December is a month where receipts come in. And as you can see from our curve that we developed, we did expect monies coming in, although certainly not in the first week. We feel real good about seeing them there already. 7099 1611 A We show the revenue starting to climb as a percentage until in April we expect to have almost all of it and certainly all of it by May. We don't expect to get anything in June, July, August or September. Taking that curve tells us whether or not we should have a red flag or a green flag at this particular point. The calculation is basically if the revenue received for this particular month is greater than 85 percent of what it should be according to that curve or better, then its a green flag. If it is 84.99 percent of what was projected at this time according to the curve, you're going to get a red flag. MR. BRAMSON: Break for that given one is zero. MR. PETTY: We're in October. You're absolutely right. MR. BRAMSON: How did you get a million dollars in in October? MR. PETTY: Boy. It was just there. It was just there. We don't handle the money, sir. It comes from the revenue collector as we discussed during the meeting. It showed up on our SAP accounting system, which means it was allocated to us through the County's system. We were surprised to see it there this early. We're happily surprised. MR. DOMENIE: Did we already collect the 30 percent? MR. PETTY: Twenty - some -odd percent, yes, sir. We're real happy with that. We'll show you how the green flag, red flag is closer related. MR. BRAMSON: Take No. 9 up above and change that number to 100. MR. PETTY: Its a plug. The green flag isn't going to work here unless I manually switch the flag. MR. BRAMSON: You showed up expenses. The red flag is best demonstrated in the expenses at this point? MR. PETTY: We'll go in here and you've got some red flags this month. We went ahead and plugged in our actual numbers. And we have water management operations, water management capital, beautification ops, beautification capital. You see the theme we're going on is streetlight ops, streetlight capital. Clam Bay is a separate line item issue. Other charges of fees, capital, that is to reflect water management beautification is streetlights capital expenses for revenue collector, property appraiser and the discount rate. We wanted that in a central location. And, again, this follows the budget. 7100 1611 We show the three - and-a- half -month cash flow that you have to be bringing together as we speak so that you can handle next year's October, November and December. And any reserves, project reserves have to be cost as well those things that you brought over from last year. And this one you see a number that's basically reflective of the east-of-berm commitment and the monies that we have therein plus a few other odds and ends. So we've already got a red flag. In this particular month beautification, this particular curve assumes that we're going to spend more money in the summer and less money in the winter. Right now we shouldn't be at this level and we have a red flag. So you got to ask a question of staff, why is there a red flag. And Mr. Lukasz has the answer to that for you today. And its very understandable, but this is the type of thing that we want to bring to you on a monthly meeting so that you can see what's going on. MR. LUKASZ: The expenditures in the beginning of the fiscal year on community beautification, this is the time of the year where we do a considerable amount of the pine straw. That probably netted one -third of it. Pine straw is put out three times a year. MR. BRAMSON: What? I'm sorry. MR. LUKASZ: Pine straw, the mulching of the beds. That's one reason, the annual planting. And, again, that's three times a year. And we get hit with one right at the beginning of the fiscal year. And one of the other things that contributes to this is the purchase of two of the three vehicles that were budgeted for this fiscal year. We've already actually received and paid for two of them. So a combination of those is really what throws that number off somewhat. MR. PETTY: And what we'd like to do is as we go through actual conditions, we either find that we adjust the curve because this is something that's going to hit us every year. So we would adjust the high summer month curve to reflect actual conditions. Or if it's a one -time event like the capital purchase that you just heard, we would ignore it and just bring that information to you along with the significance of a red flag. Basically that — that is the program. What you have before you is a test, if you will, for monthly financials to see if it meets the needs of this body. This is how we would approach that and how we would — we would report that. And the red flag, green flag is how we would let you know if there were any concerns. MR. LEVY: How about streetlights? That's a red flag. MR. PETTY: And Mr. Lukasz has an explanation to bring to you on that red flag. 7101 MR. LUKASZ: That was the replacement at the very beginning of October of some of the electrical panel services for the streetlighting system. It is expenditures that wouldn't carry out through the entire. With the replacement taking place in October, we get hit with that at the beginning of the fiscal year. MR. PETTY: In other words, this is an item that you would adjust the curve for since its a one -time event. MR. BRAMSON: The beauty of the system is it's not by month. Its based on curves that you see attached behind this. So that the red flag will show up based on how the curve says it should be for that period of time. Its a far more sophisticated type of system than just a straight -line thing. In other words, as a classical example, the funds coming in are from non -ad valorem assessments are clearly front - ended. And you'll see the tax loss of zero and it sharply climbs as you get all the money in the first few months. Others are summer weighted and winter weighted. And some are relatively straight line. MR. LEVY: I'd say its much less paper than what we used to get and contains much more information. MR. DOMENIE: I have a question. Since we get all our money in the first few months and we do have money in the carryovers, how come our interest is smaller in the first few months than in later months? MR. PETTY: We have only three months in our bank account in the first three months. And you start spending that until December. And then you start building up a bank account again as the assessments come in. So you start off here and as you spend money, you're getting less interest. And then you start getting money back in and you start climbing up again. And then the assessments stop and again you start going back down. So its a bit of a double - backed camel here that we should see in the end. And, again, this isn't meant to be that we're married to this at all. If actual conditions say that we should change these curves, we'll change the curves. The percentages here on when the red flag gets thrown, it can be at 85 percent on income and it can be 110 percent on cost or any percentage you think is appropriate. So later on in the year as you get more — as you get closer to years end, you may want this to tighten up quite a bit and we can do that. MR. BRAMSON: Also in response to your question, we have a million twenty-eight that we would never anticipate receiving in October. We wouldn't anticipate receiving dollar one of this probably until December normally. And all of a sudden this million twen"ight finds its way in. So that will help with us the interest. I assume it will change our interest curve somewhat and interest income as well. MR. PETTY: Well, part of the thing that I should explain to you is that even though he's saying the October 7102 1611 A financials, the numbers are not. We just got done building this. And we just went in the SAP system today, the accounting system for the county. And we're able to pull these numbers. So this actually reflects what is currently posted in the system, which is the first week of December financial. MR. BRAMSON: Okay. MR. PETTY: — putting together a Christmas list. MR. DOMENIE: And we are strictly on a cash flow basis. We don't accrue when we get a bill, let's say, for fertilizer in October. It shows up in October. We do not book it already in the previous month; correct? MR. BRAMSON: Yeah. It does show up as a commitment as you do it, yes. I wish we could say its a pure -cash -base system, but its not. Its a weird hybrid. MR. PETTY: Modified accrual is the closest. Right now we have two items that we need to talk to the County about. And basically these are projects that you approved last year. And either the project was carried forward or the purchase order was carried forward. We need to work out a better understanding so that I don't come to you and say its been parked. So that we know how to follow such projects that transcend the October 1 and September 30th time -line issue. CHAIRMAN CONNELL: I guess the first caption, cash flow, the line wouldn't be long enough to put the real caption on which is'Working capital permanently borrowed from the taxpayers." MR. PETTY: "Permanently borrowed" is probably correct. CHAIRMAN CONNELL: Fortunately, we do get the interest on it. MR. BRAMSON: It may be less than permanently borrowed if you reduce that. MR. PETTY: Mr. Chairman, if you will allow, there's one other slight deviation before we get into the capital projects. And that is that we are working on this presentation for the men's coffee or augmenting a presentation for that. And as you know, staff has been looking at the history of Pelican Bay somewhat in that regard. We have unearthed some manuals from John Ormsbe Simons and I'd like to pass it around. If you'll notice in this particular version the cover has a picture of Clam Pass on it. And I thought you -all should know that in that picture there are two boys frolicking on the sand bar in the middle of the pass. Those are Pelican Bay's first residents. Those are Barbara's sons who are in the pass. And the one that's taking the chances and is jumping so high is also the one, I believe, that just got 7103 1611 A nominated for a Bronze Star and has recently come home and why Mrs. Barbara wasn't with us for the last two weeks. She was busy cooking for her son who eats prodigious amounts of.food. (Applause.) MR. BURKE: They're running down the side of the Registry Grand Hotel there. MR. PETTY: Secondarily, we have communicated with Ms/ Jean Smith. She is in high spirits. She is taxing her medication like a good girl. She has a six to nine -week radiation therapy. She asked that we communicate her condition and her hopes that she would be back to talk to you -all sometime in January. And to thank all members that have communicated your wishes during this time. We will move on, then, to capital projects. And I will defer to Mr. Lukasz as always. CAPITAL PROJECTS IRRIGATION AND LANDSCAPE IMPROVEMENTS PHASE VI MR. LUKASZ: The first project is the irrigation. That project is completed except for the portion of sod on Vanderbilt Beach Road. We're kind of holding off on that because of the restrictions on the irrigation right now. Its relatively green, although there are a lot of weeds. When its kept cut, it looks alright. And based on the watering restrictions, we're just going to hold off a while on that. SIDEWALK LIGHTING MYRA JANCO DANIEL$ BOULEVARD AND VANDERBILT BEACH ROAD MR. LUKASZ: We're still in the process of opening the purchase orders for the two projects that are in this year's budget. Thats the sidewalk lighting along Vanderbilt Beach Road and also along Myra Janco Daniels Boulevard. THE COURT REPORTER: I'm sorry, sir. Along what boulevard? MR. LUKASZ: Along Myra Janco Daniels Boulevard and also the median improvements for the median as you come out of Bridgeway. I should have those purchase orders open and start to get the engineering work which would include design and permitting started here within the next ten days. SIDEWALK REPAIRS MR. LUKASZ: Sidewalk repairs, although they haven't been in here every day, the cunty has continued working on repairs of the sidewalks. They've been working primarily up on the northern end of the boulevard. 1 went around with Mr. laizzo the other day. And he also identified another ten or a dozen areas that 1 passed along to 7104 1611 transportation to put onto the list. HURRICANE CHARLEY STORM DAMAGE And that's all I have. There's nothing new on the Charley hurricane. There has been a posting for the Wilma funds budgets. MR. BRAMSON: We did get the Wilma funds; right? MR. LUKASZ: It shows "posted." I'm going to verify that. CHAIRMAN CONNELL: Mr. Lukasz, maybe you would share with us the latest that you have on the resurfacing of Pelican Bay Boulevard. MR. LUKASZ: I spoke to John Mist, the road maintenance superintendant. And he has a meeting set up for tomorrow with the contractor that did that work. And he's going to try to pin them down on dates that they expect them to be back in here to do that work. They've got Pelican Bay Boulevard as well as some of the other roads that they had previously resurfaced to come in and do that warranty work. So they're going to try to pin him down tomorrow and he's supposed to get back in touch with me after he has this meeting. CHAIRMAN CONNELL: Have they done any of the warranty work? MR. LUKASZ: They did some back at the beginning of the summer when they had said they were going to be in here. They did come in and do some of them, but they still have quite a bit to do elsewhere on the calendar as well as Pelican Bay Boulevard. ponds? MR. BRAMSON: I think it'll be done the last week in January or the first week in February. CHAIRMAN CONNELL: Thank you. DR. RAIA: Can I ask a question, Coleman? CHAIRMAN CONNELL: Yes. DR. RATA: We're on water restriction now; is that correct? MR. STAROS: Phase 2, 1 believe. DR. RATA: We are? Is there any method of or any reason why we can't use the water in our retention It just flows out into the mangroves and then on into the gulf. And if you're concerned about that carrying any 7105 1611 A pollutants you would give it another opportunity to filter that water before it ever did reach the mangroves. But it just seems that we have all this water. It's fresh water. And it's just flowing away, yet we're on some water restriction. MR. PETTY: That water has been looked at in Pelican Bay's past. There's a reason why we hold it, of course, and it's to hold back saltwater intrusion. We're trying to keep a certain head of water, a certain level. I can tell you I've seen the studies. They go way back, though. We're talking late'70s, early'80s where they did a balance. And found that close to a million gallons a day surplus hits the bay system. In other words, there was water in this official water table, but you're talking about taking on a little bit of a project. Its certainly doable. But the way you would do that is we would consider the project. You would have to hire a hydrologist engineer who would have to take certain tests. And then basically show to the state that there was a surplus that could be harvested without harm. Because that saltwater intrusion issue is real. We certainly want to avoid that. The good news is the Tamiami Trail ridge separates us from the other aquifers that — the Tamiami aquifers that were feeding the rest of the county. There's a ridge right on 41 like that. So all the water that lands basically in Pelican Bay discharges out towards that Gulf outflow. And then all the water that lands on the other side of 41 goes south following that ridge. It doesn't come over to us. So we don't have to calculate what everybody else does around us. All we have to do is calculate what happens inside the borders. correct? MR. BURKE: Mr. Petty, the water restrictions come from the South Florida Water Management District; MR. PETTY: Yes, sir. MR. BURKE: And its not as if we in Collier County have a shortage of the non - potable water. I mean, we have enough. But when South Florida Water Management said Phase 2, you have to follow it. I mean, there's no choice. MR. PETTY: There are exemptions. As a matter of fact, Pelican Bay is one of the few people in the state of Florida that's ever gotten an exemption. This community has spent close to $20 million for that exemption. And that, of course, is your irrigation fire line and your effluent reduced capability from day one. This community has invested over $20 million in that system. And when they first came out with restrictions in the '80s, the engineer and I went to West Palm Beach to a Mr. Adams who is, I think, still handling the issue of water shortages in Florida. And presented this to him and said, If we make the commitment to be so water conscious 7106 to do the right thing to the best of our ability to build an aftemative irrigation supply line to conserve water, to have a well field that is over six miles away in a brackish water location so as to. leave this area pristine to the best of our ability, to not harvest what is evidently a surplus official water for our use, would it not behoove you to show that you would give us an exemption during these times of shortage after such great effort or are you telling people that such efforts will never be rewarded? They allowed us an exemption which when everybody else is in Phase 2, we'rb in Phase 1. When they're in Phase 3, we're in Phase 2. Its a small exemption, but it was an exemption and they are aware, sir. MR. BURKE: The Club of Pelican Bay has put in a ASR, the aquifer storage reserve well. And eventually will be able to store a million gallons in there. And they've done that at their own expense. But they did get a $170,000 grant from South Florida Water, but they're taking steps to store water. Now, I guess their challenge now is being able to get the water to put down there. MS. WOMBLE: And, Mr. Burke thank you for that because you helped enormously to make that come about. MR. BURKE: That worked out well. MS. WOMBLE: Yes, it did. Thank you. DR. RAIA: Well, I don't know if I understand the answer to my question. Are these retention ponds, are they filtration ponds? Does the water get filtered down into the aquifer below or are they lined and they're just designed to retain water and hold water and let it run on through? MR. PETTY: They are not lined. They are open. The concept being that they would stay in the lake system or percolate into the ground before reaching Clam Bay with a retention period or detention period in this type of a system for three days. Part of that is to — to have siltation, have some of the sediment fallout. So there has to be common areas. Some of it has to do with the biology which is the bacteria absorbing and absorbing nutrients and a few other odds and ends. I mean, there's some oxidation and some other things that you're looking at. Mostly it is to hold the water there. Whatever can perk into the ground, we consider beneficial, but it isn't held until it does perk into the ground. That would be a retention area, so to speak. And I can only think of one lake that we have that is cut off like that and it's on the golf course. 7107 1611 A Almost every other lake that we have is a detention pond where we're just trying to hold it for a period of time and let it loose. But I think the answer to the question you had is, is there water available off -site in what we would call this official aquifer which is the ground water aquifer? And there may be. We have stayed away from it for 25 years under that — that condition of we're doing the best we can. And it looks a little close. I've seen numbers that have shown a surplus of a million gallons a day, but the issue — and the golf coarse has — had been along with this from the beginning of time. They know the waters there. And they're trying not to use it. And we've all tried not to use it. When we needed it for drinking water it was a lot cheaper to do that than reverse osmosis. We went six miles away, got brackish water. Everybody tried to keep their hands off of that. But in reality, yes, sir, there is a little bit of a surplus there. MR. BRAMSON: Should we, then, be starting the process of applying to use that surplus? MR. PETTY: Its a political and a policy decision. We have such a long record of going above and beyond on our standard. You have to kind of weigh the effectiveness of that political clout with going in and touching this — this resource. That even though there may be a surplus, it may not be fully understood by others. It may just look like we're just trying to get water for the golf course. And I think that's why we stayed away from it because of that perception problem. MR. BRAMSON: Well, forget about the golf course. It's the rest of Pelican Bay. If it goes to Level 3 and we have to go to Level 2, shouldn't we in advance of that be considering whether that extra million gallons, is it a day or a week or whatever?- MR. PETTY: Per day. MR. BRAMSON: Shouldn't we be proceeding somewhere? MR. PETTY: If there's a strong opinion by the Board. MR. BRAMSON: They re projecting much worse water shortage in the future. MR. PETTY: These are all good questions and good points. Let me tell you that your staff has already broached the idea when we had the opportunity to meet with the utility department on the issue of the lease on the utility side and how we were going to determine who was going to pay for what. 7108 1611 And we sat down with utility -side staff. And 1 asked them why weren't we getting that exemption that we had gotten in the mid '80s. Since I could remind him of this exemption, I asked him why don't we re- apply. And the County does not wish us to re- apply. As a matter of fact, the County is considering an ordinance where all entities would be fined or put on a Level 1 or a Level 2 all at the same time versus our current way which is where we take it community by community. And the reason they're doing this is because they're having difficulties administrating control. The ordinance by the County which says that they have to enforce this, they're having difficulty getting the police officers to keep this three -ring binder of who's on or who's off. So its easier to administer it if just everybody's on or everybody's off. That's currently how our local government is looking at it. I can't speak very friendly to it because it takes efforts such as Pelican Bay's and makes it worthless. And we have a considerable amount of money in this effort and a long history. And I hate to see that be thrown away because administratively its easier for a sheriffs deputy to give a ticket in the middle of the night. That being said, the idea of using the ground water table for irrigation makes perfect sense. If the water is there, turning it on and irrigating it in the middle of the night and letting the water perk back down, its a circular argument, folks. And the thought that you're losing 100 gallons a minute is nonsense. You make a well, it evaporates. Yeah. But I got 80 percent humidity. Remember. This is Florida. So how much? You lose about an inch a day in an open lake. Think how much you're losing while you're irrigating at let's say 5 p.m. So there's a reality check there. You could do it. You could meet the standards. And you might be able to get an exemption, but it would be a very hard fought battle I believe because of this issue of administrative simplicity. The rules are getting worse, not better, not — more unreasonable, not more reasonable. And we would be asking for a reasonable look. MR. STAROS: I'd like to make a comment on this subject. We are, the Ritz Carlton, just put in, I'd say, nine months ago an aqua recycling system, a very expensive system. What it really does, it takes your last rinse water of the laundry and uses it for your first water for the next load and so forth and it saves millions of gallons of water. We also two years ago changed all of our cooling towers to a much more efficient cooling tower that uses much less water and much less evaporation. We also put in the showerheads in every guest room that restricts 1.5 7109 1611 A gallons of water per minute. And were in the process of changing the toilets out the same way. And we cannot come anywhere near the designated amount of gallons that the county has somehow formulated. We're millions and millions of gallons over even with all this effort to the point that we're being penalized right now starting with that new ordinance that came out. I think it was May 15th of this year when the county commissioners put that in. We're being penalized at a rate of 15 percent at the moment. MR. PETTY: Conservation rate. MR. STAROS: And it's going to cost us a low of $100,000 a year to a high of about $120,000 a year. That's under the assumption that we stay on Level 2. If we go up to Level 3, that 15 percent becomes, I believe, 35 percent. Its either 30 or 35 percent. This is a very serious subject and its something that, you know, the MSTBU and so forth, since thats one of our mantras, if you will, is water management and so forth. Its something that we really need to spend a lot of time on. Because its getting to a point you can't afford to be in business because water's is getting so expensive. So I thought I'd just bring you up to date on that. We're being penalized of $100,000 a year right now even after this multi- million dollar investment to save water. MR. BRAMSON: It would be a help to you as well if we could use some of this lake water. MR. STAROS: Well, I'm using, you know, effluent water for my grounds because thats the way it was set up, you know, 22 years ago. By the way, we just had our 22nd anniversary on December 3rd. But, you know, you do everything physically possible to save water in a commercial building other than restricting the guests from taking showers. You know, which I realty think that's going a little bit too far particularly for a five -star hotel, but I don't know what else to do. I mean, I've done every single thing possible. And we presented it to the county and they looked at us like "tough luck." MR. PETTY: Mr. Chairman, if I could add my two cents in. Pelican Bay was designed and I know the numbers on the Ritz Carlton because I calculated them. It was designed to handle X number of gallons per day. And a conservation rate has been put in which he can't meet with those structures, well, that design criteria has been thrown out the window. And if it hits the Ritz Carlton, I can guarantee you its going to hit single family. 7110 1611 A So the idea behind the conservation rate is very familiar with Pelican Bay since we were the first one in the state to do it as part of our conservation of water. You can only charge your actual costs for delivery of water. Water cannot be sold in the state of Florida. Its free to all the people of Florida. All I can charge is my electrical cost for pushing it through the pipe, my cost of putting in the pipe, my chemical cost for treating it. A conservation rate cannot charge you for anything more than the actual cost of gelling the extra water. When they come up with conservation rates, they typically do a projection of where — how much would they have to pay to get additional water above your design criteria. And that's why I think that there might be an issue for this body to -- to just take a look at or discuss with the county over time where the design criteria of the Pelican Bay water and sewer system which is bought and paid for, that those numbers are still valid and if they were not why. Because the Ritz Carlton should not be going through a conservation rate. I know that by looking at the numbers and what was allocated to the Ritz Carlton when we built the system. And if the conservation rates are off on a little bit different curve than what they should be, we should be working with the county to get them back on track. Because its fairly simple to go back on what the design criteria was in Pelican Bay. It could just be a misapplication. CHAIRMAN CONNELL: We're done with community issues. MR. BRAMSON: I don't think we should let this drop. I think that we ought to probably take a vote on whether we should ask staff to proceed to start seeing if we can get some further exemption or get the use of lake water. I mean — I mean politically you might come up not doing it, but maybe — maybe its a question we have to be prepared for Level 3. MR. STAROS: What I was told when we presented this about three weeks ago that Level 3 is probably — if things don't change with the precipitation, which they're not in the dry season, somewhere between March 1 and March 31 is the guesstimated time Level 3 is going to kick in. CHAIRMAN CONNELL: No. I think it's worth pursuing. MR. PETTY: We'll be glad to take that direction, sir. CHAIRMAN CONNELL: Very good. Anyone else? (No response.) 7111 1611 CHAIRMAN CONNELL: Committee requests? You have nothing more, do you, Kyle? MR. LUKASZ: No. MR. DOMENIE: I just have one request from the Clam Bay Committee. I'm not going to be here from the 23rd through the 31st. So if you have any items to be included in the agenda for January, please communicate directly with Barbara. And I guess our next meeting is on the third; is that correct? MR. BURKE: Of January? MR. DOMENIE: Yes? MS. SMITH: No, sir. It was changed to the ninth. It was changed to the ninth several meetings ago. MR. BURKE: At one o'clock? MS. SMITH: Yes, sir. MR. DOMENIE: That's a Tuesday or is that a Wednesday? MR. BURKE: I have one other thing under community request. CHAIRMAN CONNELL: All right. MS. WOMBLE: Coleman, would that be at one o'clock? CHAIRMAN CONNELL: Yes, it will. MS. WOMBLE: Is the ninth a Wednesday? MS. SMITH: The ninth. MR. STAROS: The ninth is a Wednesday. MS. SMITH: Atone o'clock. CHAIRMAN CONNELL: Do you have something? MR. BURKE: I was reading this morning's paper. I was reminded that Pelican Bay has done a pretty good job over the years of giving the Naples Daily News a lot of juicy items to run about us, not always positive. But this morning I pick it up and there's an article on one of our buildings, the Grosvenor, and they have collected 35 bikes for youngsters. Now, each month I do volunteer work with the Salvation Army and St. Matthew's House. And I can tell you you're probably dealing with kids who may never own a bike. So the people at the Grosvenor have now collected 35 7112 1611 A and they may go even higher. And I've got to tell you that is a — that was one nice Pelican Bay article in there today. And it's Toys For Tots. And I'm going to talk to some of the Toys For Tots people so next year they would — it might benefit us to get a few more buildings to be in with the bicycles. That's all I have. CHAIRMAN CONNELL: Audience participation? MR. HALL: I just had a comment regarding the annual report. CHAIRMAN CONNELL: Mr. Hall, if you'd just give your name again for the Record MR. HALL: Tim Hall of Turrell & Associates — Turrell, Hall & Associates. We're going to be presenting an annual report at the January meeting. So I'm going to be getting copies out to everybody. In the past we have started putting them on CDs to minimize cost for the actual printing, but I've gotten feedback that some of the members still prefer the hard copies. So if you could get to Mrs. Barbara Smith whether or not you'd prefer a CD or a written copy so we don't overprint. Its just a way to save a few dollars so we don't print more than we actually need. CHAIRMAN CONNELL: Any other audience participation? (No response.) CHAIRMAN CONNELL: If not, I will entertain a motion to adjourn. MR. DOMENIE: So moved. MR. BURKE: Second. CHAIRMAN CONNELL: Merry Christmas to everyone. MR. BURKE: All in favor? (Unanimous response.) (Meeting adjourned at 2:40 p.m.) ffNf There being no further business for the good of the Pelican Bay Services Division, the meeting was adjourned by order of Chairman Coleman Connell at 2:40 p.m. 7113 l 1611 A PELICAN BAY SERVICES DIVISION CHAIRMAN 'COL8 N CONNELL TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY CAROLYN J. FORD. - FORMATTED BY BARBARA SMITH PELICAN BAY SERVICES DIVISION. 7114 Halm _ =: - -- Henning _ oyle � ;oletta Present: *President *Treasurer Fire Services Steering Committee of Collier County, FL, Inc. Meeting Minutes Held on November 29, 2007 at Immokalee Fire Control District 502 East Market Road, Immokalee, FL 34142 46dEI/EQg .IAN 1 7 2008 811arn o' :�,� convn19sionerg Chuck McMahon — Golden Gate Fire Commissioner Angela Davis — East Naples Fire Commissioner *Commissioner Paul M. Plamondo Big Corkscrew Island Fire District *Commissioner Joseph Matthews, Jr. Immokalee Fire Control District *Advisory Board Member Joe Lanckswel Isle of Capri Fire & Rescue District Commissioner Thomas Cannon Commissioner Ed 'Ski" Olesky Commissioner Albert Lee Commissioner Rob Stoneburner 'Fire Chief Michael L. Brown Assistant Chief Mike Gmson Assistant Chief Rob Potteiger Assistant Chief Robert Metzger Deputy Chief Nolan Sapp Fire Marshall William Sllvester PIO Victor Hill Fire Chief Mike Murphy Fire Code Official Ed Riley Assistant Fire Code Official Bob Salvaggic Joyceanna "JA" Rautio * Authorized Voting Member East Naples Fire District Immokalee Fire Control District Immokalee Fire Control District Golden Gate Fire District North Naples Fire District Big Corkscrew Island Fire District East Naples Fire District North Naples Fire District Golden Gate Fire District Golden Gate Fire District Golden Gate Fire District City of Marco Island Fire Department Fire Code Official's Office Fire Code Offic!al's Office FSSC Facilitator The meeting was called to order at 6:42 PM by the President while participants were still enjoying an excellent dinner. PLEDGE OF ALLEGIANCE, The meeting opened with the Pledge of Allegiance. DETERMINE QUORUM Six (6) out of eight (8) authorized voting members were in attendance. A quorum was present. The voting members are listed above with ar asterisk and in bold type. Representatives for Ochopee Fire Control District and Collier EMS were absent. III APPROVAL, ADDITIONS, AND/OR DELETIONS TO AGENDA On a motion by Commissioner Matthews and a second by Commissioner Davis, the agenda, as written, was approved unanimously Prepared by: "JA" Rautio, FSSC Facilitator, 01 -15 -2008; 01- 16 -08; Misc. Conte: I Date: ! !!am J IV APPROVAL OF MINUTES — October 25, 2007 Meeting Upon a motion by Commissioner Davis and a second by Commissioner Matthews, the meeting minutes for October 25, 2007 were approved unanimously. V REPORTS A. Treasurer's Report Treasurer Davis reported that the current balance in the checking account is $1,449.00 after paying Attorney Donaldson $398.61. She also announced that both the January annual dues billing and the designated, voluntary contribution for the Facilitator's position are tentatively scheduled to be sent out sometime in December. Treasurer Davis indicated that 3 Fire Districts, ENFD, NNFD, and BCIFD, allocated funds towards the Facilitator position while GGFD agreed to provide an "in- kind" contribution of office space in lieu of budgeting funds. Commissioner Matthew indicated that unfortunately it was a budget issue for IFCD this year. Chief Brown made the suggestion that perhaps future funds for the Facilitator could all come from the Fire Code Official's office if it was determined to be legal. This concept will be researched and discussed at a future meeting as an agenda item. 8. Fire Chiefs' Association In the absence of the FCA Chairman Fire Chief Rita Greenberg, Fire Chief Mike Murphy gave the report. First item: The Operations Committee Study Group was preparing a draft plan on consolidation with the directive to report to the FCA on December 20, 2007. Chief Jim McEvoy and Deputy Chief Orly Stolts were actively heading up the committee's efforts. but some organizations were not supplying needed information. Second item: The EMS subcommittee was reviewing classes and training throughout the county with the idea that there would only be one certification for paramedics countywide which the Medical Director, Dr. Robert Tober, was endorsing. Questions and concerns have been expressed in EMSAC why an engine company can not do the same as the transport unit when many other Florida jurisdictions allow such activity by properly trained and certified paramedics. The idea is to get one set of protocols and treatments countywide and not have the current different classes of paramedics. If there was one standard protocol then residents would be receiving the same treatment which is not necessarily the current situation. Chief Potteiger expressed his concerns about overtime for the third seat and the problems that it causes. Chief Brown gave the example of the twelve leads treatment and life saving drugs for heart patients that when NNFD and ENFD paramedic fire trucks often arrive first the treatment can't be provided to the patient on scene. At issue often is that EMS trucks are not on scene within the six minute window. Fire officials respect that EMS personnel trained and certified as firefighters can go in and fight fires so why are certified fire fighter paramedics shut out in medical emergencies? Everyone agrees upon the idea that quality care is the goal and that all paramedics can be put through the skills and training procedures to be able to respond in medical situations- A letter will be going to Dr. Toper and all the Chiefs from the FCA about the county -wide approach to Prepared by: "JA" Rautio, FSSC Facilitator, 01- 15.2008; 0 t -16 -0& paramedics. It eras pointed out that Dr. Toler answers directly to Emergency 1611 o Management Director Dan Summers Commissioner McMahon as FSSC president asked if the FCA could please start routinely coping the FSSC and elected officials with the various information, letters and memos from the EMS subcommittee about this issue of major concern to FSSC members. With reference to the consolidation of Fire Districts, Commissioner McMahon explained that his Fire Commission had given no authority to Fire Chief Peterson to speak about this issue. The GGFD Board of Fire Commissioners sets policy regarding such issues and has not yet given the Chief board approval to focus on consolidation or mergers. Additionally, was Commissioner Tom Cannon consulted on the direction of the operations report and what was being done to create a "plan'? Commissioner Cannon indicated that Chief Greenberg did talk with him since he was heading the Fire Study Group on merger discussions and he supports the Chiefs approach, but did not learn of it first before the subcommittee started its research. C. Communications Committee Nothing to report other than the Committee's next meeting is scheduled for December 11, 2007 at Station #73. D. Fire Code Official FCO Ed Riley distributed his monthly three (3) page summary report titled "Summary Plan Review Activity October - 07" with a seven (7) page memo regarding 61G 15 Reviews dated 11/20/2007 and a one (1) page sheet "Classes Offered By Fire Code Official's Office." The Summary Report indicated that 1,126 reviews were conducted in October. Three classes were taught in October for the fire alarm checklist, 61 G15 sprinkler engineering, and 61 G15 fire alarm engineering with reasonable attendance for all three educational opportunities. Additional handouts included Financial Statements for the periods ending September 30, 2007 and October 31, 2007 which are prepared by East Naples Fire District as the designated Administration District for FCOO. Additional copies of these financials are available from either ENFD or the Facilitator. Riley brought everyone's attention to the Memo on 61 G 15 Reviews. He reported that ENFD's governing board voted at its November regular monthly meeting to have the FCOO drop the review program. He indicated that there is no written agreement with the Collier County Building Official for FCOO to conduct these reviews and he is concerned that FCOO could be in some type of jeopardy for enforcing the Building Code. The original goal was to avoid having two entities reviewing the submissions and improve the chances that these documents wound be correct once submitted. Riley briefly reviewed the points in the memo and asked that the FSSC vote on a motion to agree with the official action taken by ENFD Fire Commission to terminate the review of 61 G documents effective January 1, 2006 and recommend that this announcement be made at the next Fire Review Task Force meeting scheduled for Friday, November 20, 2007. On a motion made by Commissioner Matthews and seconded by Commissioner Davis, the Committee voted to terminate and announce as suggested by a vote of 5 — 0 with Chief Brown abstaining for NNFD since he would have to take the matter to his Board Prepared by: "3A" Rautio, FSSC Facilitator, 01 -15- 200$: 01- 16 -08: 1611 B first. Commissioner Cannon as Chairman of the East Naples Fire District will attend the Task Force meeting to make the official announcement of this action. E. Fire Code Official's Office Building FCO Riley reported that negotiations are continuing with the Big Cypress Basin of the South Florida Water Management District about the legal issues of a condo association for the new building and whether or not the Basin/District will be able to purchase the space or take a twenty year lease. The down payment is anticipated at between one and two million if ownership can be resolved. F. Fire Marshals' Association GGFD Fire Marshal William Silvester reported that the key matter is how the school lock downs create security issues for emergency services and how the FMA is trying to help resolve the matters with the Collier County School District. G. DistrietiDepartment Updates 1, East Naples Fire Control & Rescue District- Assistant Chief Potteiger reported that Engine #23 has been received and the audit will begin next week. The Fire Chief is back on duty. Commissioner Tom Cannon proudly announced that there were NO outstanding loans on any trucks. 2.North Nsples Fire Control & Rescue District- Chief Mike Brown reported that "things were still the same" in his District. 1. Bia Corkscrew Island Fire Control District - Assistant Chief Ginson reported that the District is still in the process of getting approvals for Station #14 and went before the Collier County Planning Commission and was successful. 4, Golden Gate Fire Control & Rescue District - Commissioner McMahon reported that the new Engine #73 arrived Monday and would be ready to be on the road in about 30 days. The search continues for a new Fire Chief and the Fire Commissioner vacancy has been filed, Rob Stoneburner was appointed as the new Fire Commissioner He will be sworn in at the December 12, 2007 meeting, Commissioner McMahon introduced Rob Stoneburner who was attending his first FSSC meeting to listen and observe. 5. Isle of Cao►i Fire & Rescus District - Joe Langkawel, an Isle Capri Advisory Board member, reported that things were very busy. A nice, new fire boat has been placed into service. It was paid for all by donations and will be available 2417 and was already used to suppress a fire on a boat on Keewadin Island from offshore. 66Immokalee Fire Control District - Commissioner Joe Matthews, Jr. reported Ave Marie was creating temporary staffing issues that were not in the current budget. 7. EN&- No one was available to give an update. S. Ochooes Fire Control Dist= - No one was available to give an update. Prepared by: "JA" Rautio, FSSC Facilitator. 01 -15- 2008; 01- 16 -08; 1611 8 H. Public Education - PIO Victor Hill indicated that the next PIO Committee meeting would be held tomorrow, November 30, 2007 at the County Emergency Management offices. One main topic of discussion will be common issues facing all fire organizations during fire brush season. 1. Purchasing - None given. J. Other Reports - None given. K. General Comments - None made. VI OLD BUSINESS A. Status of Amended Articles of Incorporation Facilitator Rautio reported that she has been in contact with Attorney Laura Donaldson. Mrs. Donaldson reported via an email dated 11/27/07 that she had contacted the Secretary of State's office on November 26, 2008 for an update of the status of the amendment. She had a discussion with the staff member assigned to finalize our filing who had delayed her actions due to cwnfusior. Mrs. Donaldson felt her conversation clarified the issues. It was her understanding that our documents would be filed shortly, but that they were not yet in the online system as of her last check. It would take several working days for the certified copy to reach Mrs. Dcna�dson who will then forward it to Rautio. Eventually all members will receive a copy of the Certified Amendments and the most recently Revised Bylaws to file with their organization's public records custodian. B. Fire Study Group - Status of Fire Commission Letters of Support Since October most Fire Commissions have placed the Letter of Support item on their agendas for discussion. Big Corkscrew Island, North Naples, East Naples and Immokalee have all endorsed the concept and have authorized a letter to be signed and distributed. Each District was requested to provide a copy of its letter to both Commissioner Davis and Facilitator Rautic for our records Commissioner McMahon indicated that he was waiting until December to place this item on the agenda since GGFD needed to select a citizen to file the vacancy created when Commissioner Matt Hudson was elected to the Florida House of Representatives. Discussion was held about the intentions of the Board of County Commissioners and its staff to support and create straw ballot language regarding consolidation or Fire District mergers. Commissioner McMahon and Chief Brown both expressed concern as to who will draft the language for such an initiative. McMahon indicated that Commissioner Jim Colette was pushing to get something on the ballot in the near future. It was agreed that language should come from the Fire Services as a cooperative effort rather than being forced to accept something. Chief Brown will investigate to try to get more information on how a countywide straw ballot for a Countywide firelEMS special district might be arranged and what the ballot language might read. Prepared by: "JA" Rautio, FSSC Facilitator, 01 -15 -2008; 01- 16 -08; W B C. Fire Review Task Force Update Commissioner Davis indicated that the next meeting is to be held on Friday, November 30, 2007- FCO Riley indicated that a new fee schedule for Fire Plan Review and Inspections was being announced, that some not so nice inspections email$ had been received and there was an issue of timing with reference to fire permits being issued at time of building permit. Commissioner McMahon once again expressed his concern that the Task Force is not really looking at the permit process and that he felt the original direction was to focus on this aspect in particular, To help elaborate on this matter, Facilitator RauW read a quote from Section Four: Functions, Powers and Duties of the Task Force from Resolution No. 2007 -108 which established the Fire Review Task Force approved and signed on April 24, 2007: The functions, powers and duties of the Task Force shalt include but not be limited to: 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 P, cess; 8. Review building review and permdting requirements and procedures related to fire review; and C. Provide the Board of County Commissioners with recommendations for practical revisions to the Collier County Fire prevention and Protection Ordinance. (Ordinance No. 200532 fr"ted July 7, 20051 Some discussion was held about fire service represertatives formally asking in writing for items to be included on the monthly Task Force agendas. Other Old Business - None discussed. G, General Comments - None noted. VII NEW BUSINESS A. Discussion & Approval of a Notary Public for FSSC Treasurer and Commissioner Angie Davis just finished the process to become a Notary Public to assist the Committee whenever needed, The cost eras 5151.97 for which she needs approval to be reimbursed. On a proper motion by Chief Brown and a second by Commissioner Plamondon, it was agreed to reimburse Davis for the cost of obtaining the Notary designation The vote was 6 -0 and the motior passed unanimously. B. Public Service Announcements (PSAs) - Brush Fire Season Commissioner McMahon reminded everyone that this year's brush fire season was coming up soon and would probably be rather severe given the lack of rain. His idea is to have a couple of one minute PSAs created to rem!nd citZens about the dangers of tossing cigarette butts out the window and causing among other things median and brush fires He envisions announcements on behalf of the FSSC showing Prepared by: "JA" Rautio, FSSC Facilitator, 01- 15.2008; 0 1 -1 6-08; 1611 6 that the fire organizations are all coming together and uniting behind this critical public concern. Additionally, information can be put on our website. GGFO PIO Victor Hill Can either hire personnel to create these or secure come 'banned" versions for radio especially. The Public Education Committee can work with the County TV station to get the safety message out as well as increase awareness that the fire districts are working together. C. Other New Business and D. General Comments Chief Murphy reported that the Marco Island City Council passed the proposed fire assessment at its Monday meeting so they are ready to proceed ahead with the process for the Property Appraiser to have it ready for 2008 The assessment came in at $150 per square foot for single family residences and $214 for condos Four public hearings are to be held between January and March 2008 with the first being scheduled for January 17, 2008- Notifications are being sent to the 20,000 property owners on Marco Island. The assessment will help greatly in the budgetary process for the City. Given what the Legislature may do next year and with the tax reform vote on January 29, 2008, another revenue source for the fire department is critical. Chief Brown commented that he was appreciative of the excellent food provided courtesy of Commissioner Olesky and wanted to thank IFCD for its hospitality this evening. Chief Murphy clarified that Director Dan Summers will be getting a copy of the EMS letter mentioned earlier that is being written to Dr. Tober. VIII SCHEDULE NEXT MEETING DATE It was decided that with the Christmas holidays rather than having to cancel a December meeting, no meeting would be scheduled in December. The next meeting will be held at East Naples Fire Control 6 Rescue District at 6:00 PM on January 24, 2008. Food will oe served IX DISCUSSION OF NEXT MONTH'S NEW AGENDA ITEMS No new items were considered. X ADJOURN A motion was made and seconded to adjourn. It passed unanimously. Prepared by: "JA" Kautio, FSSC Facilitator, 01 -15 -2008; 01- I6 -08: 163 MEMORANDUM Date: February 18, 2008 To: William E. Mountford Assistant County Attorney From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Release in the Lawsuit entitled: Charles McCleaf vs. Collier County Case No. 06- 2350 -CA for $25,000 Attached, please find two (2) originals, as referenced above (Agenda Item #16K3), approved by the Board of County Commissioners on Tuesday, February 12, 2008. If you have any questions, please call me at 252 -8406. Thank you. Attachments ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 K 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 for 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 execration of the Chairman's simamre. draw a line throueh routine lines # I throueh #4 rmmnlere the rhrr Nict a„d fnr ... n_1 t,, c— rr, n.,.., n:.... *s� Route to Addressee(s) (List in routing order) Office Initials Date 1. (Initial) Applicable) Agenda Date Item was 2. Agenda Item Number 16 -K -3 Approved by the BCC 3. Type of Document 4. William E. Mountford, ACA County Attorney / IU 02/15/08 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office 7. William E. Mountford, ACA I County Attorney's Office 2. I 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 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 William E. Mountford, ACA Phone Number 252 -8400 Contact (Initial) Applicable) Agenda Date Item was February 12, 2008 Agenda Item Number 16 -K -3 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document Release Number of Original 3 Attached County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully Documents Attached INSTRUCTIONS & CHF.CKLlgT 1: Forms/ County Forms/ BCC Forms/ Original documents Routing Slip W WS Original 9- 03.04, Revised 126.05, Revised 2.24.05 amatter _ numben>/ «document numbero Initial the Yes column or mark `N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the WEM Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attomey's Office and N/A 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 of BCC approval of the document or WEM 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 WEM initiats are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be N/A provided to Sue Filson in the BCC office within 24 hours of BCC approval. Sonic 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 02/12/08 and all changes made during the meeting WEM have been incorporated in the attached document. The County Attorney's Office has reviewed the than if applicable. 7. ,e Please return two executed originals to William F. Mountford, ACA WEM 1: Forms/ County Forms/ BCC Forms/ Original documents Routing Slip W WS Original 9- 03.04, Revised 126.05, Revised 2.24.05 amatter _ numben>/ «document numbero RELEASE 163 FOR THE SOLE CONSIDERATION of Twenty -five Thousand and No /100 Dollars, ($25,000.00), the receipt and sufficiency whereof is hereby acknowledged, the undersigned hereby Releases and forever discharges COLLIER COUNTY, FLORIDA, DOUGLAS N. HIGGINS, INC., CONTINENTAL CASUALTY COMPANY, and CNA INSURANCE COMPANIES, their heirs, executors, administrators, agents and assigns, none of whom admit any liability to the undersigned but all expressly deny any liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, and particularly on account of all injuries known or unknown, both to person and property, which have resulted or may in the future develop from an accident which occurred on or about January 2, 2003 which is the subject matter of a lawsuit entitled McCleaf v. Collier County, Florida, Case No: 06- 2350 -CA. Further, the releasors state that while they hereby release any and all claims against the releasees and their heirs, executors, administrators, agents, employees, successors, and assigns for both past and future losses, including medical expenses, health care and related expenses, the necessity for future medical treatment and expenses incurred is speculative and unknown at this time and, therefore, as a result, releasors do not deem the settlement herein made to fully satisfy their damages in the event future medical expenses, health care and related expenses incur. As a result, the releasors reserve their right to pursue and recover all future medical expenses, health care and related expenses, from any person, firm, or organization who may be responsible for payment of such expenses, including any first party health or automobile insurance coverage, but such reservation does not include the parties released herein. Undersigned further declares that as further consideration for payment of said sum, undersigned hereby agrees to protect the said Releasees and hold harmless said Releasees against any claim for damages, compensation, debt lien or otherwise on the part of any party, growing out of or resulting from subrogation interests or liens. Undersigned further declares that as further consideration for payment of said sum, undersigned hereby agrees to satisfy any and all liens. This settlement is subject to the approval of the Collier County Board of Commissioners. Undersigned hereby declares that the terms of this settlement have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final compromise adjustment and settlement of any and all claims, disputed or otherwise, on account of the injuries and damages above mentioned and for the express purpose of precluding forever any further additional claims arising out of the aforesaid accident. Undersigned hereby accepts draft or drafts as final payment of the consideration set forth above. IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this Agreement and Release as set forth below. DATED: ATTEST: DWIGHT E. BROCK, Clerk, iAA iO.0 Attoat as to atriiiiam s 61pat" 00101 Date: BOARD OF COUNTY COMMISSIONERS OF C LLIER COUNTY, FLORIDA By: TOM HENNING, C rman CHARLES IVIMLE , Plaintiff Page 1 of 2 THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Charles McCleaf, before me, this day of JM1 2008. Signature of Notailoy Public Commissioned Nante of Notary Pub Ic (Please print, type or stamp) My Commission expires: CHASITY HILLERS r MY COMMISSION d DO $74470 ^ �a= EXPIRES: November 23,2008 Th. NM Pu m UrMe.rt .l Approved as to form and legal sufficiency: IUA illiam E. Mountford Assistant County Attorney Personally Known or Produced Identification Type of Iden i Ication Produced Page 2 of 2 Item # t (Ocz) Agenda pO Date 0 Date r Recd��