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Backup Documents 06/24/2008 RBOARD OF COUNTY COMMISSIONER'S REGULAR MEETING BACK -UP DOCUMENTS JUNE 2412008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA June 24, 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." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, Page 1 June 24, 2008 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 A. Pastor Randal Holdman, Parkway Community Church Not present - Invocation by County Manager Jim Mudd 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. May 27, 2008 - BCC/Regular Meeting Approved as Presented — 5/0 C. May 30, 2008 - Value Adjustment Board Approved as Presented — 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) David Becker, EMS Not present Page 2 June 24, 2008 2) Franklin Chain, Road and Bridge Presented 3) Harry Chancy, Building Review and Permitting Not present 4) Chartchai Isaroskul, Road and Bridge Not present 4. PROCLAMATIONS A. Proclamation to recognize the men and women who participated in the Brotherhood Ride to raise donations for those who lost family members in Charleston, SC. To be accepted by Fire Inspector Jeff Morse, North Naples Fire Control Rescue District, Fire Chief Mike Brown, North Naples Fire Control and Rescue Dist., Captain Jamie Cunningham, NFD, Pres. of North Naples Professional Firefighter's Union Firefighter Christopher Spencer, NNFD, V.P. of North Naples Professional Firefighter's Union, Sheriff Don Hunter, Collier County Sheriffs Office, Robert Metzger, Fire Chief of Golden Gate Fire District, Deputy Dan McDonald, C.C.S.O. (Brotherhood Rider) Fire Chief Rita Greenberg, representing Big Corkscrew Island F.D., and Fire Chief Robert Null, representing East Naples Fire Department, Jim Squittieri, Golden Gate Fire District. (Companion to Item 5A) Adopted — 5/0 B. Proclamation to recognize the residents and emergency responders of the 800 acre fire May 29th & 30th. To be accepted by Golden Gate Estates Community Emergency Response Team, Florida Alert Response Team, Collier County Domestic Animal Services Department, American Red Cross, Collier Area Transit Bus, Collier County District Schools, Collier County Sheriffs Office, Collier County Emergency Management Department, Collier County Emergency Medical Services, The Salvation Army, FL Division of Forestry, Collier County Purchasing Department, Collier County Department of Health Florida Division of Emergency Management, Florida Highway Patrol Florida Power & Light, Sprint, Walmart, JW Kraft, Immokalee FD, East Naples Fire Department, Big Corkscrew Fire Department, Golden Gate Fire Department, Ochopee FD, North Naples FD, Isles of Capri Fire Department, City of Naples Fire Department, Marco Island Fire Department, Bonita Springs Fire Department, San Carlos Park Fire Department, Iona Macgregor Fire Page 3 June 24, 2008 Department, Estero Fire Department, South Trail Fire Department, Foil Myers Beach Fire Department, Lehigh Acres Fire Department, and Lee County Port Authority Aircraft Rescue and Firefighting. Adopted — 510 C. Proclamation recognizing and congratulating Stan Chrzanowski for being honored by the Florida Engineer Society Calusa Chapter as Government Engineer of the Year. Adopted — 5/0 D. Proclamation recognizing Recreation and Parks Month. To be accepted by Barry Williams, Director of Parks and Recreation. Adopted — 510 5. PRESENTATIONS A. Presentation by Senator Burt L. Saunders regarding a tribute recognizing the "Brotherhood Riders ", a group that dedicated their 600 mile journey in honor of nine firefighters who perished while fighting a fire in Charleston, South Carolina. Presented B. Posthumous presentation of the Advisory Committee Outstanding Member Award to Kevin G. Kacer for his work on the Conservation Collier Land Acquisition Advisory Committee. Presented 6. PUBLIC PETITIONS A. Public petition request by Michael Sorrell to discuss "Do Not Respond" order. Code Enforcement to handle repeat complaints and "Flag" properties as needed Item 7 and 8 to he heard no sooner than 1:00 n.m. , unless otherwise noted 7. BOARD OF ZONING APPEALS S. ADVERTISED PUBLIC HEARINGS Page 4 June 24, 2008 A. This item to be heard at or about 1.00 P.m., following-Item 12B This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members PUDA- 2007 -AR -12322 Livingston Professional Center LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc. is requesting an amendment to the Hiwassee PUD to revise existing development standards, transportation requirements and property ownership information. The +/- 12.52 -acre subject property is located 1400 feet north of the intersection of Eatonwood Lane and Livingston Road, in Section 13, Township 49 South, Range 25 East, Collier County, Florida. Ordinance 2008 -34 Adopted w /stipulations including CCPC recommendations — 510 B. This item to be heard at 4:30 p.m. Adopt a resolution amending the Collier County Water -Sewer District Impact Fee Rates established by Ordinance No. 2007 -57. (This item to be heard following Item #IOG) Resolution 2008 -202 Adopted - 510 C. This item to be heard at 4:30 p.m. Adopt a resolution amending Schedules One and Four through Seven of Appendix A to Section Four of the Collier County Ordinance No. 2006 -27, titled The Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance; This amendment included proposed rates for water and wastewater services with effective dates of October 1, 2008 and October 1, 2009 for Schedule 1 of Appendix A of the Ordinance; and provides for an effective date of October 1, 2008 for Schedules Four through Seven of Appendix A of the ordinance. (This item to be heard following Items #IOG and #813) Resolution 2008 -203 Adopted - 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Immokalee Enterprise Zone Development Agency. Resolution 2008 -197: Appointing Kitchell T. Snow — Adopted 4/0 (Commissioner Coyle not present) B. Appointment of Citizen Members to the Value Adjustment Board. Resolution 2008 -198: Appointing Gail Meincke and James Moon (alternate) — Adopted 510 Page 5 June 24, 2008 C. Commissioner Henning item for discussion. Concerns regarding the Sunshine law; County Attorney is to meet with all county liaisons to review the Sunshine Law on August 18, 2008 - Consensus 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11:00 a.m. Essie Serratta, the Executive Director of the Collier County Housing Authority requests approval of deviations from the Collier County Land Development Code (LDC) through the Site Development Plan (SDP) approval process in order to rehabilitate dwelling units structures within the Farm Workers Village pursuant to a 9.2 million dollar Federal Grant on property located in Immokalee and for the BCC to review and determine if the requested deviations are warranted while ensuring that the community's interests are maintained and health, safety and welfare standards are upheld.(Susan M. Istenes, AICP, Director, Zoning and Land Development Review, CDES) Motion to support deviations with staffs recommendations Approved 510 B. This item to be heard at 2:30 a.m. Recommendation that the Board of County Commissioners determine whether Tourist Development Funds may be used to fund additional erosion control structures at Hideaway Beach by making a finding as to whether funding these erosion control structures is in the publics interest as required by the Tourist Development Tax Funding Policy. (Gary McAlpin, Coastal Zone Management Director) Approved w /stipulations — 3/2 (Commissioner Coyle and Commissioner Henning opposed) C. Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and /or those perpetual or temporary easement interests necessary for the construction of six - laning and associated improvements to both Collier Boulevard (from south of Davis Boulevard to Golden Gate Main Canal - Project No. 6000 1) and Davis Boulevard (from Radio Road to Collier Boulevard - Project No. 60073). Estimated fiscal impact: $1,776,200.00. (Nick Casalanguida, Transportation/Planning Director) Resolution 2008 -199 Adopted 5/0 D. This item to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners provide the County Manager, or his designee, with Page 6 June 24, 2008 guidance relating to the relocation of water and wastewater utility lines, and associated impacts to Orange Tree Utility customers, resulting from the widening of Oil Well Road. (James C. French, Operations Manager, CDES Office of Operations and Regulatory Management and Executive Director, Collier County Water and Wastewater Authority, CDES) Motion for County Attorney to discuss the issue w/Utilities; County Manager to bring this item back — Approved 510 E. Recommendation to conduct the Conservation Collier Annual Public Meeting to provide the Board of County Commissioners and public with an update on the Programs past activities, and to solicit proposals and applications for the current acquisition cycle. (Alex Sulecki, Senior Environmental Specialist) Motion to accept report — Approved 5/0 F. Recommendation that the Board of County Commissioners provide staff direction related to the County's ability to process conveyance bonus credit applications specified by the Rural Fringe Mixed Use Sub - District to the Florida Department of Environmental Protection (FDEP), while retaining the County's ability to address transportation improvements designated within the County's Long Range Transportation Plan (LRTP). (Mike Bosi, Planning Manager, Comprehensive Planning, CDES) Motion to accept staff's recommendations — Approved 510 G. This item to be heard at 4:30 p.m. Recommendation that the Board of County Commissioners adopt the 2008 Collier County Water and Wastewater Master Plan Updates, dated June 24, 2008, Projects 700703, 730663, 750071, and 750072. (This item to be heard before Item #813 and #8C) (Jim DeLony, Public Utilities Administrator) Approved 510 H. Recommendation to adopt a resolution authorizing the condemnation of those perpetual and temporary easement interests necessary for the construction of stormwater improvements know as Phase I B North of the Lely Area Stormwater Improvement Project (LASIP). (Capital Improvement Element No. 291, Project No. 51101). Estimated fiscal impact: $1,266,250.00. (Norman Feder, Administrator, Transportation Services) Resolution 2008 -200 Adopted 5/0 Page 7 June 24, 2008 I. Request that the Board of County Commissioners approve a Resolution to oppose the leasing of the Alligator Alley toll facility. (Norman Feder, Transportation Services Administrator) Resolution 2008 -201 Adopted w /changes 510 J. Recommendation to award Bid #08 -5065 for the Installation of "Immokalee Beautification Phase IV Street Lighting Renovation Project - JPA FM #407977 to Bentley Electric in the amount of $1,176,060.87. (Diane Flagg, Alt. Trans. Modes Director) Approved 5/0 K. Request for the Board of County Commissioners to authorize the acquisition of auditing services to determine if the Clerk of Courts has adhered to the Boards direction, concerning interest income, as defined in Resolution 2007- 257, adopted in September 2007. (Jim Mudd, County Manager) Approved 510 L. This item to be heard at 1:30 p.m. Review Clam Bay Restoration and Long Term Management Plan Permit Compliance issues and obtain direction from the Board of County Commissioners on how to proceed. (Gary McAlpin, Coastal Zone Management Director) Motion directing staff to bring item back w /recommendation for a Comprehensive Management Plan and implementation — Approved 510 M. Review the Port of the Isles boat launch facility purchase proposal and obtain direction from the Board of County Commissioners on how to proceed. (Gary McAlpin, Coastal Zone Management Director and Barry Williams, Parks and Recreation Director) Motion to approve the appraisal for $20,000 and to bring back w /report — Approved 4/0 (Commissioner Halas absent) Moved from Item #16A15 N. Recommendation that the Collier County Board of County Commissioners affirm staffs interpretation of the proper disposition of revenue generated from the sale of CDES Fund 113 surplus goods, and provide direction to staff that all revenue generated from the surplus sale of such capital goods originally purchased within Fund 113 be returned to Fund 113 capital reserves. Page 8 June 24, 2008 Motion to approve funds are not returned to Fund 113 Capital Reserves — Failed 2/3 (Commissioner Coyle, Commissioner Halas and Commissioner Coletta opposed) Motion to approve revenue is returned to Fund 113 Capital Reserves — Approved 510 Moved from Item #16F6 O. Approval of a resolution to supersede Resolution 06 -200, which directed the County Manager to establish a Floodplain Management Planning Committee, to add two additional positions for practicing civil engineers. Motion to deny the Resolution — Approved 311 (Commissioner Henning opposed and Commissioner Halas absent) Moved from Item #16E4 P. Recommend approval of award of Contract #07 -4160 to EMC Corporation for Information Technology Service Management software and related professional services. ($164,593.00) Motion to continue to the July 22, 2008 BCC Meeting — Approved 4/0 (Commissioner Halas absent) Moved from Item #16D21 Q. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, an Amended and Restated Affordable Housing Bonus Density Agreement (AHDBA) to increase the number of affordable units from thirty -two dwelling units to forty -four dwelling units for the Workforce product types for owner - occupied affordable housing located in the Cirrus Pointe PUD development Motion to support concept and proceed with changes to the ordinance — Approved 4/0 (Commissioner Halas absent) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. David Schimmel —David Lawrence Center representative urging support that the Baker Act issue be placed on the 2009 UFR List 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon. Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in Closed Attorney- Client Session on Page 9 June 24, 2008 TUESDAY, June 24, 2008, at a time certain of 12:00 noon in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney Jeffrey A. Klatzkow, and Assistant County Attorney Jacqueline Williams Hubbard will be in attendance. The Board in executive session will discuss: Settlement negotiations and strategy related to litigation expenditures in the pending litigation cases of Lucky, M.K., Inc. v. Collier County, et al., Case No. 07- 0958 -CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Closed Session B. This item to be heard at 1:00 a.m. For the Board of County Commissioners to provide direction to the County Attorney's Office as to settlement negotiations and strategy related to litigation expenditures in the pending litigation case of Lucky, M.K., Inc. v. Collier County, et al., Case No. 07- 0958 -CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Motion to accept settlement agreement — Approved 510 C. This item to be heard at 3:15 p.m. Request that the Board of County Commissioners provide direction to Staff and to the County Attorney, whether to commence a civil lawsuit, or in the alternative, a code enforcement proceeding, against Milano Recreation Association, Inc., for violating PUD Ordinance No. 03 -54 (The Royal Palm Academy PUD), relating to failure and refusal to allow residents of Imperial Golf Estates to construct a road (Marquis Boulevard) over portions of the Milano subdivision to access Livingston Road, contrary to commitments made during the PUD rezoning process. Motion to send to CEB for direction — Approved 510 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 10:00 a.m. Presentation of the comprehensive annual financial report for the fiscal year ended September 30, 2007. Presented by Tom Bradley with Ernst & Young Motion to accept report — Approved 510 Page 10 June 24, 2008 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd — Phone calls from Congressman Diaz - Balart regarding update to Collier County's legislative proposals B. Jim Mudd- Will be going to Tallahassee to discuss improved access at Delnor- Wiggins State Park C. Commissioner Coyle — EDC Program works to help diversify the economy; Workshop set for November 5, 2008 D. Commissioner Fiala — Concerns on East Naples Development slowdown E. Commissioner Henning — Rural Stewardship and Panther Corridor F. Commissioner Henning: DSAC letter dated June 12, 2008 regarding preceding with only necessary LDC Amendments — Consensus G. Motion to adjourn - Approved 3/0 (Commissioner Halas and (Commissioner Coletta absent) 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 w /changes — 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation that the Board of County Commissioners approve a Satisfaction of Lien, related to impact fees, due to the cancellation of the building permit for the proposed home. There is no obligation for payment since construction has been cancelled 2) Recommendation that the Board of County Commissioners approve a Satisfaction of Lien due to a change in qualified applicant and the subsequent recording of a new impact fee deferral agreement and lien in accordance with the Immokalee Residential Impact Fee Deferral Program and the County -wide Impact Fee Deferral Program, as set forth by Section 74 -201 (g) and 74 -401 of the Collier County Code of Page 11 June 24, 2008 Laws and Ordinances. As detailed in the Executive Summary 3) Recommendation to approve final acceptance of the water and sewer utility facilities for Fiddler's Creek, Phase 3 Unit 1. W /release of any Utilities Performance Security (UPS) 4) Recommendation to approve final acceptance of the water utility facility for Southwest Boulevard at Treviso Bay. W /release of any Utilities Performance Security (UPS) 5) To accept final and unconditional conveyance of the water utility facility for The Rookery Golf Course Maintenance and Golf School. W /release of any Utilities Performance Security (UPS) 6) Recommendation to grant final approval of the roadway and drainage improvements for the final plat of Tract 9 at Olde Cypress (Olde Cypress PUD), roadway and drainage improvements will be privately maintained. Resolution 2008 -182 7) This item continued from the April 22, 2008 BCC Meeting. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Reflection Lakes at Naples Phase I (Walnut Lakes PUD) with the roadway and drainage improvements being privately maintained. Resolution 2008 -183 8) This item continued from the April 22, 2008 BCC Meeting. Recommendation to grant final approval of the landscape and irrigation improvements for the final plat of Reflection Lakes at Naples Phase 1C (Walnut Lakes PUD) with the landscape and irrigation improvements being privately maintained. Resolution 2008 -184 9) 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. This is a recommendation to approve for recording the final plat of Mockingbird Crossing, approval of the standard form Construction and Maintenance Page 12 June 24, 2008 Agreement and approval of the amount of the performance security. W /stipulations 10) 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 18, Hampton Village Townhomes. Developer must receive a Certificate of Adequate Public Facilities prior to the issuance of final approval letter 11) 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 Cobblestone Cove, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 12) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Cedar Hammock Unit 2 with the roadway and drainage improvements being privately maintained. Resolution 2008 -185 13) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Cedar Hammock Unit 4 with the roadway and drainage improvements being privately maintained. Resolution 2008 -186 14) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Cedar Hammock Unit 6 with the roadway and drainage improvements being privately maintained. Resolution 2008 -187 Moved to Item #1 ON 15) Recommendation that the Collier County Board of County Commissioners affirm staffs interpretation of the proper disposition of Page 13 June 24, 2008 revenue generated from the sale of CDES Fund 113 surplus goods, and provide direction to staff that all revenue generated from the surplus sale of such capital goods originally purchased within Fund 113 be returned to Fund 113 capital reserves. 16) Request approval by the Board of County Commissioners for a Land Development Code (LDC), Special Amendment 2008 Cycle 2a, to address an urgent amendment to the Land Development Code in response to the Opinion and Order of the U.S. District Court (filed February 13, 2008) which declared sections of the Collier County Sign Code unconstitutional. (Companion item to #16A17) The County has agreed to resolve the unconstitutionality of the sign code before January 1, 2009 17) Request approval by the Board of County Commissioners for a Budget Amendment, to obtain professional services for the revision of the sign code section of the Land Development Code in response to the Opinion and Order of the U.S. District Court (filed February 13, 2008) which declared sections of the Collier County Sign Code unconstitutional and to obtain expert testimony and litigation support pertaining to the Plaintiffs damages claim. (Companion item to #16A16) Dr. Daniel R. Mandelker with the University of Washington in St. Louis has been recommended at a cost not to exceed $35,000 18) Request that the BCC consider the requests of the Public Vehicle Advisory Committee (PVAC) to (1) initiate review of taxi rates; and (2) amend the Public Vehicle for Hire (VFH) Ordinance (No. 2001- 75), by changing the time frame for expiration of Driver Identification (ID) cards to every two years rather than annually; changing the expiration date of Certificates to Operate (CTO) to November 30th annually; and adding a section to the VFH Ordinance relating to Specialty Vehicle for Hire services. B. TRANSPORTATION SERVICES 1) Recommendation to Award Collier County Bid #08 -5074 Single Engine Street Sweeper Truck to Environmental Products of Florida, Corp. ($371,980.00) Page 14 June 24, 2008 For the Road Maintenance Department to maintain the 490 miles of roadways, intersections and subdivisions county wide 2) Recommendation to approve Change Order #5 to add $357,971.20 for continuing Inspection Services for Aim Engineering & Surveying, Inc. under ITN 04 -3583 CEI Services for Collier County Road Projects for Project No. 63051 Vanderbilt Beach Road from Airport Road to Collier Boulevard. CEI services will be funded until February 2009, if the project is not complete at that time, the County intends to have the contractor pay for these extended services if the delays are a result of their actions 3) Recommendation for the Board of County Commissioners to approve a budget amendment to transfer funds from the Traffic Calming Project within the Transportation Supported Gas Tax Fund (313) Project No. 601631 to the PUD Monitoring /Traffic Counts Project in the amount of $100,000.00 for Project No. 691242. Funds to purchase 8 additional count stations and upgrading 9 existing count stations 4) Recommendation to approve Change Order #I to add $434,779.47 for continuing Inspection Services for Johnson Engineering, Inc. under ITN 05 -3583 CEI Services for Collier County Road Projects for Project No. 65061 Collier Boulevard Six (6) Laning Project from Golden Gate Blvd. to Immokalee Rd. As detailed in the Executive Summary 5) To address a neighborhood association generated request that the Collier County Board of County Commissioners (BCC) approve the establishment of a Neighborhood Traffic Management program (NTMP) traffic calming project, for Cardinal Street, from North Rd, to Flamingo Drive approximately 1,400 feet. The neighborhood association and /or residents have agreed to provide funding for all cost relevant to /associated with this project 6) To recognize the remaining dollars awarded to AM356 Section 5303 Transit Planning in the amount of $95,754 and closeout project #35083 in Fund 126 and move residual budget to Fund 128 project Page 15 June 24, 2008 #35084 in the amount of $34,347. Needed to carry out transit planning activities C. PUBLIC UTILITIES 1) Recommendation that the Board approve a budget amendment in the amount of $255,000.00 to fund the continuing litigation and professional support services related to the case known as Collier County and Collier County Water -Sewer District v. Metcalf & Eddy, Inc. and Travelers Casualty and Surety Company of America., Project #700751. For services in 2002 and 2003 for the well field expansion of the NCRWTP 2) Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certain Sewer Special Assessments for the 2008 tax year. Resolution 2008 - 188 /CWS 2008 -01 3) Recommendation to approve an amendment of Contract No. 05 -3831 FEMA Acceptable Monitoring Disaster Debris Management with R.W. Beck Inc, Post, Buckley, Schuh, Jernigan Inc. and Solid Resources, Inc to delete language under Section 19. Offer Extended to Other Governmental Entities, to comply with FEMA 325 Debris Management Guide (July 2007). To insure compliance with regulatory agencies for managing and carrying out the removal and reduction of disaster debris 4) Recommendation to award Contract #08 -5080 to BQ Concrete, LLC and Design Build Engineers & Contractors for the construction of hammerheads on dead -end streets in Collier County. ($215,358.66) To be used as a turnaround for the trash collection vehicles 5) Recommendation to reject the petition from Waste Management Inc. of Florida for reimbursement of unusual and unanticipated increase in cost for soil used for odor control measures at the Collier County Landfill. WMIF has not submitted the requested material to back up their request for reimbursement Page 16 June 24, 2008 D. PUBLIC SERVICES 1) Recommendation to approve a grant application for the United States Department of Housing and Human Development with Economic Development Initiative (EDI) funds in the amount of $147,000 for improvements to South Park in Immokalee. For design, permitting and construction of a new community center on county -owned property 2) Recommendation to approve a budget amendment in the amount of $20,913 to recognize revenue received from the collection of co- payments from the Collier County Social Services Program. Covering medical care and prescription costs for residents who are 100% or below the Federal Poverty Income Guideline 3) Recommend approval of Category "A" Tourist Development Fund 183 Grant Applications for Beach Park Facilities in the amount of $803,100. For master meters for beach parks, replace dune walkovers at Tigertail Beach, Sand for Sugden Regional Park Beach, Landscaping at South Marco Beach access, Signage at Barefoot Beach access and landscaping at Barefoot Beach Preserve 4) Recommend approval of Category "A" Tourist Development Fund 195 Grant Applications for the City of Naples, The City of Marco Island and Collier County in the amount of $3,623,160 for FY- 08/09. To cover regulatory and permit compliance, planned projects, beach maintenance and administration fees 5) Recommend approval of Category "D" Tourist Development Grant Application for the Naples Pier Annualized Repair and Maintenance with the City of Naples in the amount of $18,000.00 for FY- 08/09. 6) Recommendation to approve budget amendments in the amount of $115,586 to ensure continuous funding of the Alzheimers Disease Initiative grant. For the delivery of respite care and management services for the period of July 1, 2008 through June 30, 2009 Page 17 June 24, 2008 7) Recommendation to approve budget amendments in the amount of $706,644 to ensure continuous funding of the Community Care for the Elderly grant. For the period of July 1, 2008 through June 30, 2009 8) Recommendation to approve a budget amendment in the amount of $7,813 to ensure continuous funding of the Home Care for the Elderly grant. Providing in -home living arrangements in private homes for the period of July 1, 2008 through June 30, 2009 9) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Armandina Campos (Owner) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Lot 8, Liberty Landing, Immokalee. Deferring $12,442.52 in Impact Fees 10) 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. As detailed in the Executive Summary 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Loudney Cenozier and Marie C. Cenozier (Owners) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 34, Trail Ridge, East Naples. Deferring $19,372.46 in Impact Fees 12) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Laurette Archange (Owner) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Lot 199, Trail Ridge, East Naples. Deferring $19,372.52 in Impact Fees Page 18 June 24, 2008 13) Recommend approval of Work Order CPE -FT- 3902 -08 -02 under Contract 06 -3902 with Coastal Planning and Engineering in the amount of $295,185 and a Budget Amendment totaling $295,185 from 195 Reserves. (Cape Romano sand search) To find a sufficient volume of beach compatible sand to repair the beach in the event of a major emergency 14) Recommendation to approve budget amendments recognizing the Fiscal Year 2008 -09 U.S. Department of Housing and Urban Development (HUD) entitlement funding, and State Housing Initiatives Partnership Program (SHIP) allocations. Establishing program budgets for 4 HUD entitlement programs and the State SHIP program as detailed in the Executive Summary 15) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Peter Hartman Jr. (Owner) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Vista III at Heritage Bay, Unit 1504, North Naples. Deferring $19,411.65 in Impact Fees 16) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Supplemental Disaster Recovery Initiative (DRI) funding in the amount of $60,000.00 to St. Matthews House, Inc. for hurricane hardening of its shelter. For installation of window /door mitigation and a generator at the Airport Road South Shelter 17) Recommendation to approve the submission of the 2008 State of Florida Challenge Grant application to the Department of Community Affairs Office On Homelessness. The four projects submitted were: Shelter for Abused Women and Children Supportive Services and Case Manager, National Alliance on Mental Illness Client Self Sufficiency Program, Hunger and Homeless Coalition Homeless Management Information System and St. Matthew's House Transportation Page 19 June 24, 2008 Withdrawn 18) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Supplemental Disaster Recovery Initiative (DRI) funding in the amount of $500,000.00 to Greater Immokalee Southside Front Porch Community, Inc. To hurricane harden low- income rental units at the Immokalee Apartments 19) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Odelin Betancourt (Owner) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Vistas III at Heritage Bay, Unit 1405, North Naples. Deferring $19,411.94 in Impact Fees 20) Recommendation to award Contract(s) 408 -5068: Physical and Biological Monitoring for Collier County Coastal Zone Management Projects for Coastal Zone Management to Coastal Planning and Engineering, Inc.; Coastal Engineering Consultants, Inc.; and Humiston & Moore Engineers. Moved to Item #10Q 21) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, an Amended and Restated Affordable Housing Bonus Density Agreement (AHDBA) to increase the number of affordable units from thirty -two dwelling units to forty - four dwelling units for the Workforce product types for owner - occupied affordable housing located in the Cirrus Pointe PUD development. 22) This item has been continued to the July 22, 2008 BCC Meeting. Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Supplemental Disaster Recovery Initiative (DRI) funding in the amount of $300,000 to I HOPE for infill in order to support the construction of housing units. To replace two owner - occupied, single- family homes that were severely damaged by Hurricane Wilma Page 20 June 24, 2008 23) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient agreement providing Supplemental Disaster Recovery Initiative (DRI) funding in the amount of $57,000 to the Shelter for Abused Women and Children for the purchase and installations of hurricane proof windows, exterior doors and roofing materials for four homes. Repairs are related to Hurricane Wilma as detailed in the Executive Summary E. ADMINISTRATIVE SERVICES 1) Recommendation to approve Amendment No. 03 to the Agreement with Collier County District School Board for the Driver Education Grant Program. For summer driving school for private and public high school students 2) Recommendation to approve an amendment to the Collier County Driver Education Grant Program. To further define the intent of the program to fund direct driver education expenses 3) Recommendation to approve an Agreement for Sale and Purchase with Stiffler Specialties, Inc., for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $18,700. Property located within the Red Maple Swamp Preserve Moved to Item #IOP 4) Recommend approval of award of Contract #07 -4160 to EMC Corporation for Information Technology Service Management software and related professional services. ($164,593.00) 5) Recommendation to approve Addenda A to the contract with Coastal Training Technologies, Corporation in the amount of $21,500 for additional courses to Collier County's existing online safety training program. 6) Recommendation to approve a Statutory Deed for the conveyance of a GAC Land Trust Reserved List Parcel to the Conservation Collier Program that will provide revenue in the amount of $116,914.00 for Page 21 June 24, 2008 the GAC Land Trust Fund. Property located in Golden Gate Estates 7) That the Board of County Commissioners approves the First Amendment to Contract No. 08 -5012, Cellular Communications Services and Equipment, and authorizes the Purchasing/General Services Director to sign the Amendment. To lower the monthly service cost of the Blackberry data plan and reducing the cost of wireless air cards 8) Recommendation to approve a Final Management Plan for the Logan Woods Preserve under the Conservation Collier Land Acquisition Program. Consisting of 5.69 acres located along Logan Blvd. and Pine Ridge Road 9) Recommendation to approve a Lease Agreement with Larus Properties, LLC, in order for the Sherriff's Office to consolidate two existing leases at a first years rent of $42,837.36. The County will also be responsible for Common Area Maintenance charges 10) Recommendation to approve a budget amendment transferring funds from the FY08 Information Technology budget to the Emergency Services Complex construction budget to equip office space for the Information Technology Department. In the amount of $55,000 F. COUNTY MANAGER 1) Approve budget amendments. To refund impact fees paid in a previous year (BA #08 -322) and to continue legal services for the Metcalf & Eddy litigation (BA #08- 319) 2) Recommendation to approve a grant application for the United States Department of Justice, Office of Community Oriented Policing Services (COPS) Technology Program in the amount of $350,738. To pay for public safety technology equipment, including Page 22 June 24, 2008 computer systems, wireless transmitting devices, radio desk sets and internet /intranet switches for the EOC 3) Recommendation to adopt the Comprehensive Emergency Management Plan for Collier County and its Municipalities. Resolution 2008 -189 4) Recommendation to approve the negotiated annual contract with The Ferguson Group for federal lobbying services. Total cost of the contract is $107,000 annually 5) Recommendation that the Board of County Commissioners approve and forward a letter and resolution to the Department of Agriculture and Consumer Services in support of repairs to the Immokalee Farmers Market. Resolution 2008 -190 Moved to Item 9100 6) Approval of a resolution to supersede Resolution 06 -200, which directed the County Manager to establish a Floodplain Management Planning Committee, to add two additional positions for practicing civil engineers. 7) Recommendation that the Board of County Commissioners approve the award of contract for the Immokalee CRA Master Plan Update & Related Services in the amount of $386,175 and approve all necessary budget amendments. (Companion to Item # 16G 10). Awarded to RWA, Inc. G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency to approve the relocation of the Bayshore Gateway Triangle CRA office, approve new office lease with Palmyra Club Investors, LLC (landlord) and authorize the Chairman to sign the lease agreement. (4069 Bayshore Drive) (FY08 Fiscal Impact $3,696) Existing lease expires August 2008 Page 23 June 24, 2008 2) Recommendation that the Collier County Board of County Commissioners approve a budget amendment increase in the amount of $46,000 for general consulting services up to September 30, 2008 required to support on -going projects at the Immokalee Regional, Marco Island Executive and Everglades Airports. URS Corp. has agreed to provide additional general consulting services up to September 30, 2008 3) Recommendation that the Collier County Board of County Commissioners approve a budget amendment increase to the Airport Authority's Capital Fund in the amount of $192,000 for the construction of an aircraft apron expansion at the Immokalee Regional Airport. For 8,850 square yards of asphalt 4) Recommendation that the Collier County Board of County Commissioners approve a budget amendment in the amount of $15,000 for engineering services required for the completion of a United States Department of Agriculture Rural Business Enterprise Grant application for the Immokalee Regional Airport. URS Corp. will provide the engineering services 5) Recommendation that the Collier County Board of County Commissions approve and authorize its Chairman to execute a letter of commitment for funds in the amount of $1,000,000 to leverage a Rural Business Enterprise Grant (RBEG) from the United States Department of Agriculture (USDA) in the amount of $495,000 and a Resolution authorizing the Collier County Airport Authority to apply for the $495,000 United States Department of Agriculture (USDA) Rural Business Enterprise Grant (RBEG) and authorizing the Authoritys Executive Director to sign all related documents to consummate the RBEG for an eligible RBEG project at the Immokalee Regional. Resolution 2008 -191 6) Recommendation that the Bayshore Gateway Triangle Community Redevelopment Agency (CRA) direct staff to draft a resolution to designate the property located at 4315 Bayshore Drive and the three adjacent parcels owned by the CRA as a Brownfields Area, and to direct staff to ensure public hearings are conducted in accordance with Page 24 June 24, 2008 Florida Statutes in order to achieve Brownfields Area designation. (4315 Bayshore Drive and three adjacent parcels.) 7) Recommendation that the Board of County Commissioners approves an after - the -fact acceptance of the attached Federal Aviation Administration (FAA) grant offer for $201,875 for the design, permitting and bidding of a taxiway and aircraft apron south expansion at the Marco Island Executive Airport, and associated budget amendments. Purchase from WCI to enhance safety and comply with FAA airport design standards 8) Recommendation that the Collier County Board of County Commissioners approve the acquisition of 2.73 acres of land, known as Tract Q, adjacent to the Marco Island Executive Airport for $250,000, plus associated real estate transactions fees not to exceed $10,000, and associated budget amendments To develop an equal or greater amount of vehicle parking spaces and aircraft parking 9) Recommendation for the Community Redevelopment Agency (CRA) to approve the purchase of a commercial property located in the Bayshore Gateway Triangle Redevelopment Area; authorize the CRA Chairman to execute the real estate contract; approve payment from and authorize the Executive Director to make a payment from Fund (187) in the amount of $750,000 plus cost and expenses to complete the sale of subject property. Site address: 4315 Bayshore Drive ($750,000) As detailed in the Executive Summary 10) Recommendation that the Community Redevelopment Agency (CRA) approve the award of contract for the Immokalee CRA Master Plan Update & Related Services in the amount of $386,175 and recommend the Board of County Commissioners (BCC) approve all necessary budget amendments. (Companion Item #16F7) Awarded to RWA, Inc. H. BOARD OF COUNTY COMMISSIONERS Page 25 June 24, 2008 Withdrawn 1) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Attended the Southwest Florida Transportation Initiative Legislative Luncheon (SWFTI) on June 6, 2008. $35 to be paid from Commissioner Coletta's travel budget. Held at the Bonita Bay Club 2) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Participated as fellow speaker at the Urban Land Institute of Southwest Florida Fellow Tour on 6/11/08. $15 to be paid from Commissioner Coletta's travel budget. Held at the Grey Oaks Country Club, 2400 Grey Oaks Drive, Naples 3) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Attended the EDC Post Legislative Reception on May 21, 2008. $20 to be paid from Commissioner Coletta's travel budget. Held at the Hamilton Harbor Yacht Club, 7065 Fern Street, Naples 4) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Attended the Southeast Regional Director's Institute Conference on 5/19/08. $25 to be paid from Commissioner Coletta's travel budget. Held at the Naples Beach Hotel 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Marco Business After Five on June 18, 2008 at Marriott Vacation Club, Crystal Shores on Marco Island, FL. $5.00 to be paid from Commissioner Fiala's travel budget. 6) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Will participate as a guest speaker at the Kiwanis of Naples on September 16, 2008. $14 to be paid from Commissioner Coletta's travel budget. To be held at the Collier Athletic Club Page 26 June 24, 2008 7) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Participated in the National Day of Prayer Proclamation Reading and Luncheon on May 1, 2008. $10 to be paid from Commissioner Coletta's travel budget. Held at the City Hall of Everglades City 8) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Attended the EDC VIP Benefactor Foundations and Premier Member Breakfast at Naples Grande on May 1, 2008. $28 to be paid from Commissioner Coletta's travel budget. Located at 475 Seagate Drive, Naples 9) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Attended the Ave Maria University Commencement Ceremony and Luncheon 5/10/08. $20 to be paid from Commissioner Coletta's travel budget. 10) Commissioner Coletta requests Board approval for reimbursement serving a valid public purpose. Attended the Seminole Casino Immokalee Vegas Style Slots Pull Luncheon on 6/12/08. $20 to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of May 31, 2008 through June 06, 2008 and for submission into the official records of the Board. 2) Recommend that the Board of County Commissioners designate the Sheriff as the official Fiscal Year 2008 Applicant and Program Point - of- Contact for the United States Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant (JAG) Program, accept the grant when awarded, approve applicable budget amendments, and approve the Collier County Sheriffs Office (CCSO) to receive and expend the payment of 2008 JAG Grant Page 27 June 24, 2008 Funds. For law enforcement officer overtime wages including benefits 3) To present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 2008 -2009 and to obtain approval for the Chairman to sign the application. The application must be submitted annually by June 30 4) Request that the Board of County Commissioners accepts and approves capital asset disposition records for time period October 1, 2007 through March 31, 2008. As detailed in the Executive Summary 5) To obtain Board approval for disbursements for the period of June 07, 2008 through June 13, 2008 and for submission into the official records of the Board. K. COUNTY ATTORNEY Continued to the July 22, 2008 BCC Meeting 1) Recommendation to authorize an Offer of Judgment for Parcel 124 by Collier County to property owners, Jeannie and Donald Fields in the lawsuit styled CC v. Pacal J. Murray, et al., Case No. 07- 4784 -CA (Santa Barbara Extension Project No. 60091)(Fiscal Impact: If accepted, $168,803). For property damage related to the location of a future County retention pond 2) Request by the Collier County Educational Facilities Authority for approval of a Resolution authorizing the Authority to issue revenue bonds to be used to finance educational facilities for Ave Maria University. ($17,000,000) Resolution 2008 -192 3) Recommendation to approve settlement at mediation prior to trial in the lawsuit entitled Leticia Rocha as the Personal Representative of the Estate of Diana Lopez, Deceased, et. al, vs. Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07- 359 -CA, for $110,000.00. Page 28 June 24, 2008 4) Recommendation to approve a Stipulated Final Judgment in the amount of $57,850.00 for Parcel 128FEE in the lawsuit styled Collier County v. Carlos Alvarez, et al., Case No. 07- 2882 -CA (Oil Well Road Project No. 60044). (Fiscal Impact $13,950) For a 21 foot deep parcel needed for a right -of -way 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI - JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. A resolution approving with conditions petition CCSL- 2008 -02 /AR -12877 requesting a variance from the Coastal Construction Setback Line (CCSL) to allow widening of the existing boardwalk and add a roof structure over the boardwalk, all of which are located on the property known as Ritz Carlton Hotel with a street address of 282 Vanderbilt Beach Road and more particularly described as Parcel 2. 1, located in Section 32, Township 48 South, Range 25 East, Collier County Florida. Resolution 2008 -193 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation that the Board of County Commissioners approve Petition SNR- 2008 -AR- 12854, by Christian Spilker of Hamilton Harbor Marina, Inc, requesting a street name change from Fern Street to Hamilton Avenue, located within Section 23, Township 50 South, Range 25 East. Resolution 2008 -194 Page 29 June 24, 2008 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: PUDZ- 2006 -AR -9143 Standing Oaks, L.L.C., represented by Dwight Nadeau, of RWA, Inc. and Richard D. Yovanovich Esquire, of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., requesting a rezone from Rural Agricultural (A) to Residential Planned Unit Development (RPUD) to be known as Standing Oaks PUD. The 41.1 acre Rural Agricultural zoned site is proposed to permit 164 single and multifamily residential dwelling units at a density of 4 units per acre. The subject site is located at 6473 Standing Oaks Lane, 6400 Standing Oaks Lane, and 6565 14th Avenue N.W., in Section 31, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2008 -30 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: SV- 2008 -AR -12943 Woolbright Development, Inc., represented by Glen Weldon of Glen Weldon & Associates, LLC, of Anderson, South Carolina, requesting six variances. The first three variances are from the Land Development Code (LDC) Section 5.06.04 C.1. which requires a minimum separation of 1,000 lineal feet between signs to allow a sign separation of 70 feet, 705 feet and 775 feet. The fourth variance is from LDC Section 5.06.04 C.1. which permits a maximum of two pole signs per street frontage to permit a maximum of three signs along a street frontage. The fifth variance is from LDC Section 5.06.04 C.16.b.i. which allows a maximum sign area of 12 square feet for an off - premise directional sign to allow a 76 square foot off - premise sign. The sixth variance is from LDC Section 5.06.04 C.16.b.ii. which allows a maximum sign height of 8 feet for an off - premise directional sign to allow a maximum sign height of 9 -foot 4- inches. The subject property (Collection at Vanderbilt) is located at the northwest corner of the intersection of Airport Road (CR 31) and Vanderbilt Beach Road (CR 862), in Section 35, Township 48 South, Range 25 East, Collier County, Florida. Resolution 2008 -195 E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CUE- 2008 -AR- 13066: Dieudonne Brutus, of the Tabernacle of Bethlehem, represented by David Sneed, Kuhlman Engineering, Inc., is requesting a one -year extension of a Conditional Use approval for a church granted in Resolution No. 05 -134 in the Village Residential (VR) Zoning District, pursuant to Subsection 10.08.E.3 of the Land Development Code. The 0.69 acre subject property is Page 30 June 24, 2008 located at 305 3rd Street South (Immokalee), in Section 4, Township 47 South, Range 29 East, Collier County, Florida. Resolution 2008 -196 F. Recommendation that the Board of County Commissioners adopt an amendment to the Collier County Consolidated Impact Fee Ordinance to remove an obsolete reference to the Capital Improvement Element in the Use of Funds provisions in order to maintain the internal consistency of the ordinance, as recommended by the County Attorney and consistent with the prior direction of the Board of County Commissioners. Ordinance 2008 -31 G. Recommendation to adopt an amendment to Ordinance No. 97 -33 Collier County Cross Connection Control Ordinance. Ordinance 2008 -32 H. Recommendation to adopt an Ordinance amending Ordinance No. 2006 -60, which created the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit, to increase the boundaries of the unit to add 5 parcels and canal section adjacent. Ordinance 2008 -33 18. ADJOURN Motion to adjourn Approved - 3/0 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 31 June 24, 2008 AGENDA CHANGES ZA BOARD OF COUNTY COMMISSIONERS' MEETING June 24, 2008 Item 3A: David Becker, EMS; Harry Chancy, Building Review and Permitting; Chartchai Isaroskul, Road and Bridge, will not be present to accept their service awards. (Staffs request.) Item 413: Also accepting this proclamation will be the Collier County Water Department. (Staff's request.) Item 5A was omitted from the printed agenda index: Presentation by Senator Burt L. Saunders regarding a tribute recognizing the "Brotherhood Riders ", a group that dedicated their 600 mile journey in honor of nine firefighters who perished while fighting a fire in Charleston, South Carolina. (Staff's request.) Item 5B was omitted from the printed agenda index: Posthumous presentation of the Advisory Committee Outstanding Member Award to Kevin G. Kacer for his work on the Conservation Collier Land Acquisition Advisory Committee. (To be accepted by Mrs. Kevin Kacer.) Move 16A15 to 10N: Recommendation that the Collier County Board of County Commissioners affirm staffs interpretation of the proper disposition of revenue generated from the sale of CDES Fund 113 surplus goods, and provide direction to staff that all revenue generated from the surplus sale of such capital goods originally purchased within Fund 113 be returned to Fund 113 capital reserves. (Commissioner Henning's request.) Items 16D16. 16D18 and 16D23_ The following changes have been made to each Subrecipient Agreement: Section III, Time of Performance section should read: "The effective date of the Agreement between Collier County and the DCA shall be May 14, 2008, and the services ..." And, "In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to May 13,2010." In the "IN WITNESS THEREOF" section should read: "IN WITNESS THEREOF, the parties hereto have caused this 23 page agreement to be executed by their undersigned officials as duly authorized by the agreement between Collier County and the DCA effective the 14 "' day of May 2008." All corrections are on page 2 and page 16 of each agreement and have been made to the original documents. (Staffs request.) Withdraw Item 16D20: Recommendation to award Contract(s) #08 -5068: Physical and Biological Monitoring for Collier County Coastal Zone Management Projects for Coastal Zone Management to Coastal Planning and Engineering, Inc.; Coastal Engineering Consultants, Inc.; and Humiston & Moore Engineers. (Staff's request.) Move Item 16E4 to 1013: Recommend approval of award of Contract #07 -4160 to EMC Corporation for Information Technology Service Management software and related professional services. ($164,593.00) (Commissioner Coyle's request.) Move Item 16F6 to 100: Approval of a resolution to supersede Resolution 06 -200, which directed the County Manager to establish a Floodplain Management Planning Committee, to add two additional positions for practicing civil engineers. (Commissioner Fiala's request.) Item 16G1: The second paragraph under "Considerations" should read: "...more professional setting" (rather than "stetting "). (Commissioner Fiala's request.) Item 16G6: The second paragraph under Background of CRA Catalyst Project should read: "...storage tanks that stored leaded gasoline from 1969 to 1980" (rather than 1970). (Commissioner Fiala's request.) 2A Withdraw Item 16H5: Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Marco Business After five on June 18, 2008 at Marriott Vacation Club, Crystal Shores on Marco Island, FL. $5.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Item 16K1 continued to the July 22. 2008 meeting: Recommendation to authorize the Offer of Judgment for Parcel 124 by Collier County to property owners, Jeannie and Donald Fields in the lawsuit styled CC v. Pacal J. Murray, et al., Case No. 07- 4784 -CA (Santa Barbara Extension Project No. 60091) (Fiscal Impact: If accepted, $168,803). (Staff's request.) Item 17A: The street address for the Ritz Carlton Hotel should be 280 Vanderbilt Beach Road, rather than 282 Vanderbilt Beach Road. (Staff's request.) Time Certain Items: Item 8A to be heard at or about 1:00 p.m. following Item 126: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA- 2007 -AR -12322 Livingston Professional Center LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc. is requesting an amendment to the Hiwassee PUD to revise existing development standards, transportation requirements and property ownership information. The +/ -12.52 -acre subject property is located 1400 feet north of the intersection of Eatonwood Lane and Livingston Road, in Section 13, Township 49 South, Range 25 East, Collier County, Florida. Item 8B to be heard at 4:30 p.m. Adopt a resolution amending the Collier County Water -Sewer District Impact Fee Rates established by Ordinance No. 2007 -57. (To be heard following Item 10G.) Item 8C to be heard at 4:30 p.m. Adopt a resolution amending Schedules One and Four through Seven of Appendix A to Section Four of the Collier County Ordinance No. 2006 -27, titled The Collier County Water -Sewer District Uniform. Billing, Operating and Regulatory Standards Ordinance; This amendment included proposed rates for water and wastewater services with effective dates of October 1, 2008 and October 1, 2009 for Schedule 1 of appendix A of the Ordinance; and provides for an effective date of October 1, 2008 for Schedules Four through Seven of Appendix A of the ordinance. (This item to be heard following items 10G and 8B.) Item 10A to be heard at 11:00 a.m. Essie Serratta, the Executive Director of the Collier County Housing Authority requests approval of deviations from the Collier County Land Development Code (LDC) through the Site Development Plan (SDP) approval process in order to rehabilitate dwelling units structures within the Farm Workers Village pursuant to a 9.2 million dollar Federal Grant on property located in Immokalee and for the BCC to review and determine if the requested deviations are warranted while ensuring that the Community's interests are maintained and health, safety and welfare standards are upheld. Item 10B to be heard at 2:30 p.m. Recommendation that the Board of County Commissioners determine whether Tourist Development Funds may be used to fund additional erosion control structures at Hideaway Beach by making a finding as to whether funding these erosion control structures is in the public's interest as required by the Tourist Development funding Policy. Item 10D to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners provide the County Manager, or his designee, with guidance relating to the relocation of water and wastewater utility lines, and associated impacts to Orange Tree Utility customers, resulting from the widening of Oil Well Road. Item 10G to be heard at 4:30 p.m. Recommendation that the Board of County Commissioners adopt the 2008 Collier County Water and Wastewater Master Plan Updates, dated June 24, 2008, Projects 700703, 730663, 750071, 750072. (This item to be heard before Items 8B and 8C.) I D Item 10L to be heard at 1:30 p.m. Review Clam Bay Restoration and Long Term Management Plan Permit Compliance issues and obtain direction from the Board of County Commissioners on how to proceed. Item 12A to be heard at 12:00 noon: Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney - client session on Tuesday, June 24, 2008 at a time certain of 12:00 noon in the Commission conference room, 3'' Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney Jeffrey A. Klatzkow, and Assistant County Attorney Jacqueline Williams Hubbard will be in attendance. The Board in executive session will discuss: Settlement negotiations and strategy related to litigation expenditures in the pending litigation cases of Lucky, M.K., Inc. v. Collier County, et al., Case No. 07- 0958 -CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Item 12B to be heard at 1:00 p.m. For the Board of County Commissioners to provide direction to the County Attorney's Office as to settlement negotiations and strategy related to litigation expenditures in the pending litigation case of Lucky, M.K., Inc. v. Collier County, et al., Case No. 07- 0958-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Item 12C to be heard at 3:15 p.m. Request that the Board of County Commissioners provide direction to staff and to the County Attorney, whether to commence a civil lawsuit, or in the alternative, a code enforcement proceeding, against Milano Recreation Association, Inc., for violating PUD Ordinance No. 03 -54 (The Royal Palm Academy PUD), relating to failure and refusal to allow residents of Imperial Golf Estates to construct a road ( "Marquis Boulevard ") over portions of the Milano subdivision to access Livingston Road, contrary to commitments made during the PUD rezoning process. Item 13A to be heard at 10:00 a.m. Presentation of the comprehensive annual financial report for the fiscal year ended September 30, 2007. 4 All PROCLAMATION WHEREAS, 19 local firefighters and representatives from Collier County Sheriffs Office rode bicycles over 600 miles to honor 9 firefighters who lost their lives in Charleston, South Carolina, and WHEREAS, beginning last year, North Nap /es Firefighters initiated the idea of forming a Brotherhood Ride to honor families who lost loved one's in a tragic warehouse fire in Charleston; and WHEREAS, Inaugural Brotherhood Ride participants traversed 3 states on bikes, connected communities, and honored their fa/ /en brothers on each day of the 9 day journey. They also gathered more riders from other states, such as Texas and Ohio; and, WHEREAS, Brotherhood Ride raised over $30,000 to help firefighter's families in Charleston who lost their loved ones so sudden /y; and WHEREAS, their difficult journey re i s�e sacrifices each firefighter, police officer, and EMS n.., } `''„ F " } a ,he or she arrives for duty each day; and {' WHEREAS, the ult/mat ce of the # „',;,:7har1,s Nine,” was memorialized from the de forts of these Brotherhood Riders; and, WHEREAS, the s" Brotherhood rrigmphed over the heat, adversities, and t elem f this arRaus trek and WHEREAS, thei$od Hof County Commissioners would like to recognize the men and women who participated in this Brotherhood , Ride as good -will ambasscas of- Collier County to demonstrate sincerity and charity throughout�t/ie journey ; whi /e banding together to help others along the way. NOW THEREFORE, Ti bat prac/{mp� "by the Board of Faunty Commissioners of Co /lien County, Florid¢ = „th{t "Jne,2{?Q .b+;GgslJA►ad a3' DONE AND ORDERED THIS 241h Day of June, 2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTYIMORIDA HENNING, ATTEST: PROCLAMATION WHEREAS, what started as a sunny afternoon in 6olden bate Estates, Thursday, May 29, 2008, quickly turned terrifying for many local residents; and WHEREAS, the severe lack of rainfall provided a source of fuel for an 800 acre fire that grew significantly, and took the better part of two days to contain; and, WHEREAS, neighborhoods were evacuated and roads were dosed; and WHEREAS, the fire destroyed three homes and damaged several others; and, WHEREAS, Emergency Responders faced extremely hazardous conditions, placing their lives on the line to protect our well- being; and, WHEREAS, it was only through the gallant efforts of the Emergency Responders that no lives were lost and property damage was limited, and, WHEREAS, residents of 6a /den rate "tes 0*741Callier County are extremely grateful to the Emergency Red' qd 'who 'ramf around Southwest Florida to defend and protect hi v* er ty and WHEREAS, it is all this tribute to our resident rgeney i4spancers. $> ` a NOW THEREFORE proc /aimed 5y the, Bogrd -Y of "Caanty minis County, I lQ ida, on behal :o the citizens'of C01lier C unty; and Emeiyen`cy Responders are hereby recognized forhei lr and com/neCtc/?ble actions during a tiryre'of great need. ; , t_ DONE AND ORDEREDgx ,,24th Day,of Tune,:. 2008. TOM HENNIN6, s of Collier all residents dous courage PROCLAMATION 4c WHEREAS, it is hereby noted that Stan Chrzanowski has been selected as the 2008 Government Engineer of the Year by the Florida Engineer Society Calusa Chapter, and WHEREAS, it is duly noted that during his tenure with the Board of County Commissioners, and more specifically with the Engineering Services Department and later the Engineering and Environmental Services Department, that Stan is being recognized for honorable service to the development industry and to the citizens of Collier County; and WHEREAS, over the last year Stan has faithfully and honorably served to promote exemplary residential and commercial review standards and governmental oversight of the development and building industry, and in doing so promoted harmony between the industry and the citizens of Collier County, contributing immeasurably to the enhancement of community development, quality of life, and community character of the County, • and WHEREAS, it is reported that every day he works diligently and enthusiastically and always displays a positive can do" attitude throughout the work day and in doing so fosters a harmonious relationship between the county staff and the development industry; and WHEREAS, Stan professionally and proficiently enforces the dictates of the Board of County Commissioners, the Collier County Growth Maiagdwent Plan, and the Land Development Coats; and WHEREAS, given his la contributions to the economic, social, and cultural well -being of the citizens of /* County, it is fitting that we recognize Stan as the Government Engineer of Year as awarded by the Florida Engineer Society Calusa Chapter and that we pid*aGy thank Stan for his dedicated and faithful service to the Board of County Coampsiopers and the citizens of Collier County over this past year t NOW THEREFORE, be it pro*i0ad by the Board of County Commissioners of Collier County, Florida, that STAN CHRZANOWSKI be recognized and congratulat4d for his outrfom ig work in the Engineering field. DONE AND ORDERED THIS 24h Day of June, 2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM ATTEST: OWI6 E. BROCK, CLERK 40 PROCLAMA TION WHEREAS, public parks and recreation systems are dedicated to enhancing the quality of life for residents of Collier County through recreational programming, leisure activities, and conservation efforts; and WHEREAS, parks and recreation activities, and leisure experiences provide opportunities for young people to live, grow, and develop into contributing members of society, and WHEREAS, parks and recreation activities create lifelines and continuous life experiences for older members of the community; and, WHEREAS, parks and recreation activities, and leisure experiences generate opportunities for people to come together and experience a sense of community; and WHEREAS, employees and local supporters: oryagizze youth activities and provide educational progminvinr, f an to r, health, nutrition, safety, and first aid, and WHEREAS, empbyees and local supporters advocate for more open space and betftr trails and ensure parks and recreation facilities are safe and accessible places for all citizens to enjoy; and WHEREAS, all residents and visitors alike are invited to enjoy a// our community has to offer by taking part in their favorite sports, visithg the outdoors, and spendaV time with family and friends or just relaxing. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier CaMly, f/orda that the month of July be designated as Recreation and rks Month DONE AND ORDERED THIS 24th Day of June, 2008. ATTEST.• DWI6 E. BROCx, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER a0UN7-Y4FL0RIDA TOM HENNIN6, 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.) Yf### k# 4f# af#*# f## if# fR# if}## R *f1f}i*#ihYYf* } } * #1f * #ifff***f lff #fliffif •f }fflfffflff •I Originating Dept/ Div: Comm.Dev.Serv./Planning Person: John -David Moss, AICP Date: L� Petition No. (If none, give brief description):PUDA- 2007 -AR- 12322, Hiwasse PUD Petitioner: (Name & Address):Robert L. Duane, AICP, Hate Mantes, 950 Encore Way, Naples, FL 34110 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Livingston Professional Center, LLC, 481 Carica Rd., Naples, FL 34108 Hearing before CC BZA Other Requested Hearing date: June 24, 2008 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDA- 2007 -AR -12322 Livingston Professional Center LLC, represented by Robert L. Duane, AICP, of Hole Mantes, Inc. is requesting an amendment to the Hiwasse CPUD to revise existing development standards, transportation requirements and property ownership information. The +/- 12.52 -acre subject property is touted 1400 feet north of the intersection of Eatonwood Lane and Livingston Road, in Section 13, Township 49 South, Range 25 East, Collier County, Florida. Companion petition(s), it any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO # 4500085418 Reviewed by: _ Approved by: in . NS z /Oi _ arbnent Head Date County Manager Date List Attachments: 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. FOR CLERK'S OFFICE USE ONLY: Date Received: O O Q Date of Public hearing: 0f lmatc Advertised: ORDINANCE NO. 08- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -75, THE HIWASSE PLANNED UNIT DEVELOPMENT (PUD), BY PROVIDING FOR: SECTION 1, AMENDMENTS TO COVER PAGE; SECTION II, AMENDMENTS TO TABLE OF CONTENTS/EXHIBITS PAGE; SECTION III, AMENDMENT TO PROPERTY OWNERSHIP SECTION; SECTION IV, AMENDMENTS TO LANDSCAPING SECTION; SECTION V, AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS SECTION; SECTION VI, AMENDMENTS TO DEVELOPMENT STANDARDS SECTION; SECTION VII, AMENDMENTS TO TRANSPORTATION REQUIREMENTS SECTION; SECTION VIII, AMENDMENTS TO WATER MANAGEMENT REQUIREMENTS SECTION; SECTION IX, AMENDMENT ADDING A DEVIATIONS SECTION; SECTION X, AMENDMENT TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE FROM THE PUD DOCUMENT TO LEAVE ONLY THE GENERAL CITATION TO THE LAND DEVELOPMENT CODE; SECTION XI, AMENDMENTS TO EXHIBIT A, THE PUD MASTER PLAN; SECTION XII, AMENDMENT ADDING EXHIBIT D, ENTITLED "ARCHITECTURAL SCHEMATIC "; AND SECTION XIII, EFFECTIVE DATE. WHEREAS, on November 16, 2004, the Board of County Commissioners approved Ordinance Number 04 -75, which established the Hiwasse Planned Unit Development (PUD) Zoning District; and WHEREAS, Livingston Professional Center, LLC, represented by Robert L. Duane, AICP, of Hole Monies, Inc., petitioned the Board of County Commissioners to amend the Hiwasse Planned Unit Development (Ordinance Number 04 -75). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION I: AMENDMENTS TO COVER PAGE OF ORDINANCE NUMBER 04- 75, THE HIWASSE POD The Cover Page, previously attached to this Ordinance as Exhibit "A° to Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to read as follows Page 1 of 6 Words uut derjlpg are additions; words air" dweagh are deletions. Revised 5113108 ��7�' HIWASSE A Planned Unit Development PREPARED BY: ROBERT L. DUANE, A.I.C.P. RICHARD YOVANOVICH, ESQ. HOLE MONTES, INC. GOODMAN, COLEMAN & JOHNSON 950 ENCORE WAY 4001 TAMIAMI TRAIL N., STE. 300 NAPLES, FLORIDA 34110 NAPLES, FLORIDA 34103 Page 1 of 6 Words uut derjlpg are additions; words air" dweagh are deletions. Revised 5113108 ��7�' HM Project 2001076 NOVEMBER, 2002 REVISED MAY 2008 Date Reviewed by CCPC: Date Approved by BCC:. Ordinance No. Amendments & Repeats EXHIBIT "A" SECTION I: AMENDMENTS TO TABLE OF CONTENTS /EXHIBITS PAGE OF ORDINANCE NUMBER 04 -75, THE HIWASSE PUD The Table of Contents/Hxhibits Page of Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to read as follows: TABLE OF CONTENTS Page SECTION I Statement of Compliance ................................................ ..............................3 SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control .......................................... ..............................4 SECTION III Statement of Intent and Project Description ................... ..............................5 SECTION IV General Development Regulations .................................. ..............................6 SECTION V Permitted Uses and Dimensional Standards for Cormnereial Development................................................................ ............................... 13 SECTION VI Development Commitments ........................................... ............................. 15 EXHIBITS Exhibit A - PUD Master Plan Exhibit B - Legal Description Exhibit C - Landscape Detail and View Elevation Exhibit D - Architectural Schematic SECTION III: AMENDMENT TO PROPERTY OWNERSHIP SECTION OF ORDINANCE NUMBER 04 -75, THE HIWASSE PUD Section 2.1, entitled "Property Ownership" of Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to read as follows: 2.1 PROPERTY OWNERSHIP The property is owned by Riwasse - -Inr. Livingston Professional Center. LLC, Page 2 of 6 Words underlined are additions; words st�kthretjo are deletions. Revised 5/13/08 ?hY h t P i ' ,. SECTION IV: AMENDMENTS TO LANDSCAPING SECTION OF ORDINANCE NUMBER 04-75, THE HIWASSE PUD Section 4.14, entitled "Landscaping" of Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to read as follows: 4.14 LANDSCAPING All landscaping shall be in accordance with the requirements of Divisierr? -4 of the Collier County Land Development Code. However, an enhanced Type "B" buffer will be u EEL along the eastern edge of the FPL Easement Area subject to then EEL approval. A cross- section of the enhanced buffer area is provided on Exhibit C: Landscape View and Detail. At the time of SDP approval, a letter shall be provided from FLP EEL stating that the enhanced "B" Buffer area meets with their approval., An enhanced Type B landscaped buffer shall be provided along Livingston Road for the indoor self - storage building constructed in excess of 150 feet in length in a north -south direction as provided in Paragraph 4.17.C. These enhancements shall include trees placed on 20 -foot centers with a double staggered row of palm trees or similaz tree tyces approved by County Planning Staff. 12 and 16 feet in height to be Planted within the 25 -foot wide combined buffer and foundation planting area for the full length of the building. iSee also Section 4.17,) SECTION V: AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS SECTION OF ORDINANCE NUMBER 04 -75, THE HIWASSE PUD Section 4.17 entitled, "Architectural and Site Design Standards" of Ordinance Number 04 -75, the Mwasse PUD, is hereby amended to read as follows: 4.17 ARCHITECTURAL AND SITE DESIGN STANDARDS C. Building Design Requirements •rrrrrrr In addition to 211 Collier County Land Development Code Division 2.8 requirements, the following is required: 1. Overall building dimension for office and similar uses shall not exceed 150 feet in either direction. 2. Indoor self - storage building dimensions < feet in either direction. except that one will be allowed with a maximum north -sot feet If a self- storage building greater than a north -south direction is constructed, it sl storage building permitted for the f accompanied by the following: hall not exceed 150 ;elf- storage building tth dimension of 270 150 feet in leme him ;all be the only self - 'UD and will be 1 A combined (right -of -way and building foundation buffer) 25 foot wide buffer which includes a 15 foot wide Type B landscape buffer along Livingston Road and the building foundation plantings for the full length of the building. The buffer and building foundation landscaping may be divided to accommodate the project's drainage outfall pipe located between the building and Livingston Road Page 3 of 6 Words underlined are additions; words struak thre egb are deletions. Revised 5/13/08 ?177Y/jJ- 8A b] A projection one story in height on the southern facade of the building facing Eatonwood Lane such as but not limited to a covered entrance as depicted on Exhibit D that will not affect the maximum 270 foot allowable building length c) A minimum 50 foot front Yard setback from the south property line (abutting Eatonwood Lane). 2.3.The architectural style for the subdistrict shall be consistent throughout and shall be established by the initial building design and shall blend with surrounding developments. SECTION VI: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION OF ORDINANCE NUMBER 04 -75, THE RIWASSE PUD Section 5.5 entitled, "Development Standards" of Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to read as follows: 5.5 DEVELOPMENT S'T'ANDARDS I. Use of FPL Easement Area - Open space stone water menaeement. aad landscaping buffer, bike oathh sidewalk fire track access electric lines with appurtenances. and underuound utilities Imilseape b shall be the only allowed uses permitted in the FPL Easement Area. K. Depository histitutions are limited to the northern portion of the PUD only. ; euhe iisterseetion of LaGesw Read md Livingston Read. SECTION VII: AMENDMENTS TO TRANSPORTATION REQUIREMENTS SECTION OF ORDINANCE NUMBER 04 -75, THE HIWASSE PUD Section 6.2, - Transportation Requirements" of Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to read as follows: E. Shared access is permitted north of the subject property on County -owned property as depicted on the PUD Master Plan;. The access shall be designed to Collier County standards and shall be subiect to final approval by the Collier County Transportation Division The developer shall be responsible for construction and maintenance of the access road. drainage facilities. landscaping and other related improvements In the event that the Related Group PUD will not share in the cost of proposed improvements access shall not be shared subject to an aemss agreement with Isfopet , owner 40 the Bar& if Read at tut "oess peiffi depieted en-lb. 12141) Mgq(Ay Plan The access shall also include shared access with the LaCosla Apartments to the west F. The developer shall provide a turn lane at the project entrance onto Livingston Road, at eiNrer 12 permitted access location prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right -of -Way Manual and Ordinance 82.91. A non - exclusive five -foot wide roadway easement shall be provided for the length of the turn lane G. The developer, or its successors in interest. shall Page 4 of 6 Words underlined are additions; words stmok thesagh are deletions. Revised 5113/08 l7fjlyyrJQ- wn construct a FP & L service 6 foot wide bike path/sidewalk road upon request by alone the the County The existing location of the bike path/sidewalk shall be consistent with the alignments for the County's proposed bike path/sidewalk system. If FP & L does not give its permission to locate the sidewalk/bike successors path within its easement. in interest. shall construct the developer. the 6 foot or its wide sidewalk bike path along Livingston Road SECTION VIII: AMENDMENTS TO WATER MANAGEMENT REQUIRMENTS SECTION TO ORDINANCE NUMBER 04-75, THE HIWASSE PUD Section 6.5, Water Management Requirements, of Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to add a new paragraph to read as follows: D The developer shall accommodate the stormwater run -off from Eatonwood Lane should there be no drainaae easement presently in place to accommodate said runoff. SECTION IX: AMENDMENT ADDING A DEVIATION SECTION TO ORDINANCE NUMBER 04 -75, THE HIWASSE PUD Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to add a section entitled "Deviations" to read as follows: 7. DEVIATIONS A deviation from Subsection 6.06.02.A.I of the LDC to allow improvements to the existing FPL service road by constructing a 6 -foot wide bike path/sidewalk meeting County standards. or a 6 -foot wide sidewalk and bike Path along Livmaston Road. SECTION X: AMENDMENTS TO ORDINANCE NUMBER 04 -75, THE HIWASSE PUD, TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE THROUGHOUT THE PUD DOCUMENT All sections and subsections of Ordinance Number 04 -75, the Hiwasse PUD, are hereby amended to remove any and all references to specific numeric and lettered citations to specific sections and subsections of the Land Development Code to leave only general references to the Land Development Code throughout the PUD document. SECTION XI: AMENDMENTS TO EXHIBIT A, THE PUD MASTER PLAN The "PUD Master Plan," Exhibit "A" of Ordinance Number 04 -75, the Hiwasse PUD is hereby replaced with a new PUD Master Plan, attached hereto and incorporated by reference herein. SECTION ME AMENDMENT TO ADD A NEW EXHIBIT ENTITLED "ARCHITECTURAL, SCHEMATIC" TO THE EXHIBITS ATTACHED TO THE PUD DOCUMENT Page 5 of 6 Words underlined are additions; words straek threugH are deletions. Revised 5/13/08 W?V119" Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to add a new Exhibit D entitled "Architectural Schematic," attached hereto and incorporated by reference herein. SECTIONXIB: EFFECTIVE DATE 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: DWIGHT E. BROCK, CLERK By , Deputy Clerk Approved as to form and legal sufficiency: Ot' Marjorie M. Student- Stirling Assistant County Attorney BOARD OF COUNTY COMMIt COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN -- Page 6 of 6 Words underlined are additions; words struek4hreugh are deletions. revised 5/13108 7fty BA 1 y I I l as 2 1 1 ji i1P 1yy I TIFF ff 4 ' < 1 IA �1 it i a SOS W fill>Z�' i' 1 I Iii 'I <li kl it ill i a s o aK' « egg eli ,1 I III I. 11 y 1 tz.t t f 1 I 9e. l i i yyI � a co e —'�— I -------------------- � s a P I I id i I I $ A ; \ /AGO \ i . � ±$ : < ��$ i .Iig .$ 2 a# C $ to 3 /�0� . / ®�. LL 0 0) \ .� cr k . . 12322 Ann P. Jennejohn From: MossJohndavid [JohndavidMoss @colliergov.net] Page 1 of 1 • j Sent: Friday, February 01, 2008 2:30 PM To: Bedtelyon, Linda; Bellows, Ray; Brock, Mary; ClevelandSimon; Filson, Sue; Minutes and Records; Phillips, Sharon; Puig, Judy; RamirezHeather Subject: 12322 This has been continued from the 3/6 CCPC and 4/22 BCC to 4/17 and 5/27, respectively. Thanks, john- lDavid,TOSS, A1CP Principal Planner Zoning & Land Development Review Community Development & Environmental Services 2800 N. Horseshoe Drive, Naples, FL 34104 tel. 239.304.4237 fax 239.643.6968 2/1/2008 May 30, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 RE: Notice of Public Hearing to Consider Petition PUDA- 2007 -AR- 12322; Hiwasse PUD Dear Legals: Please advertise the above referenced petition on Sunday, June 8, 2008, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk Charge to: PO# 4500085418 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, JUNE 24, Boardroom, 3rd Floor, Administration Building, Coll Government Center, 3301 East Tamiami Trail, Naples, of County Commissioners will consider the enactment Ordinance. The meeting will commence at 9:00 A.M. proposed Ordinance is as follows: r 8A 2008, in the per County Florida, the Board of a County The title of the AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -75, THE HIWASSE PLANNED UNIT DEVELOPMENT (PUD), BY PROVIDING FOR: SECTION I, AMENDMENTS TO COVER PAGE; SECTION II, AMENDMENTS TO TABLE OF CONTENTS /EXHIBITS PAGE; SECTION III, AMENDMENT TO PROPERTY OWNERSHIP SECTION; SECTION IV, AMENDMENTS TO LANDSCAPING SECTION; SECTION V, AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS SECTION; SECTION VI, AMENDMENTS TO DEVELOPMENT STANDARDS SECTION; SECTION VII, AMENDMENTS TO TRANSPORTATION REQUIREMENTS SECTION; SECTION VIII, AMENDMENTS TO WATER MANAGEMENT REQUIREMENTS SECTION; SECTION IX, AMENDMENT ADDING A DEVIATIONS SECTION; SECTION X, AMENDMENT TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE FROM THE PUD DOCUMENT TO LEAVE ONLY THE GENERAL CITATION TO THE LAND DEVELOPMENT CODE; SECTION XI, AMENDMENTS TO EXHIBIT A, THE PUD MASTER PLAN; SECTION XII, AMENDMENT ADDING EXHIBIT D, ENTITLED "ARCHITECTURAL SCHEMATIC "; AND SECTION XIII, EFFECTIVE DATE. PETITION: PUDA- 2007 -AR- 12322, LIVINGSTON PROFESSIONAL CENTER LLC, REPRESENTED BY ROBERT L. DUANE, AICP, OF HOLE MONTES, INC. IS REQUESTING AN AMENDMENT TO THE HIWASSE CPUD TO REVISE EXISTING DEVELOPMENT STANDARDS, TRANSPORTATION REQUIREMENTS AND PROPERTY OWNERSHIP INFORMATION. THE +/- 12.52 -ACRE SUBJECT PROPERTY IS LOCATED 1400 FEET NORTH OF THE INTERSECTION OF EATONWOOD LANE AND LIVINGSTON ROAD, IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. A copy of the proposed Ordinance is on file with the Clerk to the Board and is 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 Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts May 30, 2008 bounty of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURT OUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044,; NAPLES, FLORIDA`T4101 -3044 Robert L. Duane, AICP Hole Montes 950 Encore Way Naples, FL 34110 RE: Notice of intent to consider an Ordinance: PUDA- 2007 -AR- 12322; Hiwasse PUD 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, June 24, 2008 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 01W Ae2AP.CL6- Ann Jennejohn, Deputy Clerk Enclosure Phone- (239)732 -2646 Fax- (239)775 -2755 Website- www.clerk.collier.fl.us Email- collie rclerknclerk.collier.fl us Dwight E. Brock Clerk of Courts May 30, 2008 -County of C011ier CLERK OF THE C1RCtgT COURT COLLIER COUNTY �OURT�OUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044, NAPLES, FLORIDA'T4101 -3044 Livingston Professional Center, LLC 481 Carica Road Naples, FL 34108 RE: Notice of intent to consider an Ordinance: PUDA- 2007 -AR- 12322; Hiwasse PUD 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, June 24, 2008 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk (aclerk.collier.fl.us Ann P. Jennejohn To: legals @naplesnews.com Subject: PUDA- 2007 -AR -12322 Hiwasse PUD Attachments: PUDA- 2007- AR- 12322.doc, PUDA- 2007- AR- 12322.dot Good Afternoon, Please advertise the attached on Sunday, June 8, 2008. Thank you, 0 PUDA- 2007 -AR -123 22.doc (24 KB)... Ann Jennejohn Senior Clerk to the Board Minutes & Records Department 252 -8406 ( ann.jennejohn @collierclerk.com) PUDA- 2007 -AR -123 22.dot (28 KB)... 1 Ann P. Jennejohn 8A From: postmaster @collierclerk. corn Sent: Friday, May 30, 2008 2:22 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT171622.txt, PUDA- 2007 -AR -12322 Hiwasse PUD LJ ATT171622.txt PUDA- 2007 -AR -123 (229 B) 22 Hlwasse PUD... 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 PUDA- 2007 -AR -12322 Hiwasse PUD Ann P. Jennejohn From: Perrell, Pam [PPerrell @Naplesnews.com] Sent: Friday, May 30, 2008 2:32 PM To: Ann P. Jennejohn Subject: RE: PUDA- 2007 -AR -12322 Hiwasse PUD OK From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Posted At: Friday, May 30, 2008 2:22 PM Posted To: Legals - NDN Conversation: PUDA - 2007 -AR -12322 Hiwasse PUD Subject: PUDA- 2007 -AR -12322 Hiwasse PUD Good Afternoon, Please advertise the attached on Sunday, June 8, 2008. Thank you, «PUDA- 2007- AR- 12322.doc>> «PUDA- 2007- AR- 12322.dot>> Ann Jennejohn Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann. jennejohn@collierclerk.com) 5/30/2008 Page 1 of 1 r8A NAPLES DAILY NEWS Published Dank Naplcs, FL 3 -111)2 Affidavit of Publication State of Florida County of Collier Before the undersigned they scrN e as the authoriti. personal]) appeared B. Lamb, Ns ho on oath sas s that lheN sen e as the Assistant Corporate Secretan of the Naples Dails a dads ncissimper published at Naples. in Collier Counts_ Florida: distributed in Collier dnd Lee counties of Florida, that the attached cops of the adscrtising. being a PUBLIC NOIICF in the matter of PUBLIC NOTICE isas published in said nest °spaper I lime in the issue On June 8". 2008 Aniiant fwther sa, Ili at the said Naples Dail% Aeuts is a ncscepaper Published al Nap]ea_ in a 111M count'. I Itaida and that the said noe..'papar has h rcl nlitra hecn C mtinuou.1, published in said Collier Connie. Florida_ distributed in CulFs and Lee cnunlies of l°londa. erdt dam and has hecn entered as sccond class mail malls at the post nli'ice rn Naples_ in aaid C.0IIICF Counts Florida. tat a period oh I scar neV pleccding IhC first pubacalton of the attached Cop) of udcert i,.ananc and IIliant Iitrther sacs shat he has neither paid nor prombad any p..nu. Imm or corporation erne discount. rebate. a.mimmion or rclund to the purpos'c of,sCauitIg this advstiscmettt for puhliealion in the slid it, ,pap,i ( Signalur/raBia:�� Sisorn to and subscribed before file This 8i° Dm Of June 2008 (Sigma 1)c of arc public) JLQY JAN'S Co;nrnission OD 67FQ Ezp:res h.4cy 1 B, 201' arc ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP �'w8 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 41 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the nenKnn nfthe Chairman's sienamre. draw a line through routine 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 1. J I� 's (Initial) Applicable) 2. i &/2 Z � Agenda Item Number �. 3. L L) 4. �'r At`P 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 % T a , j d Phone Number Z Contact J I� 's (Initial) Applicable) Agenda Date Item was i &/2 Z � Agenda Item Number �. Approved by the BCC L L) Type of Document �'r At`P Number of Original / Attached `' - -' 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) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances,% resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and 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 dd 3. The Chairman's signature line date has been entered as the date of BCC approval of the y 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 si ature 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 (N1T1 time frame or the BCC's actions are nullified. Be aware 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'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 ORDINANCE NO. 08- 34 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -75, THE HIWASSE PLANNED UNIT DEVELOPMENT (PUD), BY PROVIDING FOR: SECTION I, AMENDMENTS TO COVER PAGE; SECTION II, AMENDMENTS TO TABLE OF CONTENTS/EXHIBITS PAGE; SECTION III, AMENDMENT TO PROPERTY OWNERSHIP SECTION; SECTION IV, AMENDMENTS TO LANDSCAPING SECTION; SECTION V, AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS SECTION; SECTION VI, AMENDMENTS TO DEVELOPMENT STANDARDS SECTION; SECTION VII, AMENDMENTS TO TRANSPORTATION REQUIREMENTS SECTION; SECTION VIII, AMENDMENTS TO WATER MANAGEMENT REQUIREMENTS SECTION; SECTION IX, AMENDMENT ADDING A DEVIATIONS SECTION; SECTION X, AMENDMENT TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE FROM THE PUD DOCUMENT TO LEAVE ONLY THE GENERAL CITATION TO THE LAND DEVELOPMENT CODE; SECTION XI, AMENDMENTS TO EXHIBIT A, THE PUD MASTER PLAN; SECTION XII, AMENDMENT TO EXHIBIT C, CROSS SECTION STUDY ALSO REFERRED TO AS LANDSCAPE DETAIL AND VIEW ELEVATION; SECTION XIII, AMENDMENT ADDING EXHIBIT D, ENTITLED "ARCHITECTURAL SCHEMATIC'; AND SECTION XIV, EFFECTIVE DATE. WHEREAS, on November 16, 2004, the Board of County Commissioners approved Ordinance Number 04 -75, which established the Hiwasse Planned Unit Development (PUD) Zoning District; and WHEREAS, Livingston Professional Center, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc., petitioned the Board of County Commissioners to amend the Hiwasse Planned Unit Development (Ordinance Number 04 -75). Page I of 8 Words underlined are additions; words stFuek through are deletions. Revised 7/1/08 Y?"I'" In NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION L AMENDMENTS TO COVER PAGE OF ORDINANCE NUMBER 04 -75, THE HIWASSE PUD The Cover Page, previously attached to this Ordinance as Exhibit "A" to Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to read as follows: HIWASSE A Planned Unit Development PREPARED BY: ROBERT L. DUANE, A.I.C.P. RICHARD YOVANOVICH, ESQ. HOLE MONTES, INC. GOODMAN, COLEMAN & JOHNSON 950 ENCORE WAY 4001 TAMIAMI TRAIL N., STE. 300 NAPLES, FLORIDA 34110 NAPLES, FLORIDA 34103 HM Project 2001076 NOVEMBER, 2002 REVISED JUNE 2008 Date Reviewed by CCPC: Date Approved by BCC: (I)Ae iQPG$ Ordinance No. 2M<6-3 Amendments & Repeals 04-75 EXHIBIT "A" SECTION II: AMENDMENTS TO TABLE OF CONTENTS /EXHIBITS PAGE OF ORDINANCE NUMBER 04 -75, THE HIWASSE PUD The Table of Contents /Exhibits Page of Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to read as follows: Page 2 of 8 SECTION I SECTION II SECTION III SECTION IV SECTION V TABLE OF CONTENTS Page Statement of Compliance ............................................... ............................... 3 Property Ownership, Legal Description, Short Title and Statement of Unified Control ......................................... ............................... 4 Statement of Intent and Project Description .................. ............................... 5 General Development Regulations ................................ ............................... 6 Permitted Uses and Dimensional Standards for Commercial Development................................................................ ............................... 13 SECTION VI Development Commitments .............. ............................... EXHIBITS Exhibit A - PUD Master Plan Exhibit B - Legal Description Exhibit C - Landscape Detail & View Elevation / Cross Section Study Exhibit D - Architectural Schematic .. 15 SECTION III: AMENDMENT TO PROPERTY OWNERSHIP SECTION OF ORDINANCE NUMBER 04 -75, THE HIWASSE PUD Section 2. 1, entitled "Property Ownership" of Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to read as follows: 2.1 PROPERTY OWNERSHIP The property is owned by Livingston Professional Center, LLC. SECTION IV: AMENDMENTS TO LANDSCAPING SECTION OF ORDINANCE NUMBER 04 -75, THE HIWASSE PUD Page 3 of 8 Words underlined are additions; words stfttek thfough are deletions. Revised 7/1/08 ` Section 4.14, entitled "Landscaping" of Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to read as follows: 4.14 LANDSCAPING All landscaping shall be in accordance with the requirements of Division 2.4 of the Collier County Land Development Code. However, an enhanced Type "B" buffer will be provided along the eastern western edge of the FPL Easement Area subject to Sheir FPL approval. A cross - section of the enhanced buffer area is provided on Exhibit C: Landscape View and Detail. At the time of SDP approval, a letter shall be provided from FL42 FPL, stating that the enhanced "B" Buffer area meets with their approval.- An enhanced Type B landscaped buffer shall be provided along Livingston Road for the indoor self - storage building constructed in excess of 150 feet in length in a north -south direction as provided in Paragraph 4.17.C. These enhancements shall include trees placed on 20 -foot centers with a double staggered row of palm trees or similar tree types approved by County Planning Staff, 12 and 16 feet in height, to be planted within the 25 -foot wide combined buffer and foundation planting area for the full length of the building. (See also Section 4.17.) SECTION V: AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS SECTION OF ORDINANCE NUMBER 04 -75, THE HIWASSE PUD Section 4.17 entitled, "Architectural and Site Design Standards" of Ordinance Number 04- 75, the Hiwasse PUD, is hereby amended to read as follows: 4.17 ARCHITECTURAL AND SITE DESIGN STANDARDS C. Building Design Requirements In addition to the Collier County Land Development Code Division 2.9 requirements, the following is required: I. Overall building dimension for office and similar uses shall not exceed 150 feet in either direction. 2. Indoor self - storage building dimensions shall not exceed 150 feet in either direction, except that one self - storage building will be allowed with a maximum north -south dimension of 270 feet. If a self - storage building building greater than 150 feet in length in a north- Page 4 of S Words underlined are additions; words s#uek thf:oagh are deletions. Revised 7/1/08 'YirYx�y south direction is constructed it shall be the only self- storage building permitted for the PUD and will be accompanied by the following,: jal A combined (right -of -way and building foundation buffer) 25 foot wide buffer which includes a 15 foot wide Type B landscape buffer along Livingston Road and the building foundation plantings for the full length of the building. The buffer and building foundation landscaping may be divided to accommodate the project's drainage outfall pipe located between the building and Livingston Road. A projection one story in height on the southern facade of the building facing Eatonwood Lane such as but not limited to a covered entrance as depicted on Exhibit D that will not affect the maximum 270 foot allowable building length. cl A minimum 50 foot front yard setback from the south property line (abutting_Eatonwood Lane). 2-.3.The architectural style for the subdistrict shall be consistent throughout and shall be established by the initial building design and shall blend with surrounding developments. SECTION VI: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION OF ORDINANCE NUMBER 04 -75, THE HIWASSE PUD Section 5.5 entitled, "Development Standards" of Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to read as follows: 5.5 DEVELOPMENT STANDARDS Use of FPL Easement Area — Open space, storm water mana eg ment, aftd landscaping buffer, existing FPL access road,_ bike path, sidewalk, fire truck access a portion of the project access road electric lines with appurtenances and underground utilities Iandseape bu4ering shall be the only allowed uses permitted in the FPL Easement Area. K. Depository Institutions are limited to the northern portion of the PUD only. a+ interseetion of LaGesta Read and Livingsion Read. Page 5 of 8 Words underlined are additions; words str•e'h are deletions. Revised 7/1/08 'YW°- d SECTION VII: AMENDMENTS TO TRANSPORTATION REQUIREMENTS SECTION OF ORDINANCE NUMBER 04 -75, THE HIWASSE PUD Section 6.2, "Transportation Requirements" of Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to read as follows: E. Shared access is permitted north of the subject property on County - owned property as depicted on the PUD Master Plan„ The access shall be designed to Collier County standards and shall be subject to final approval by the Collier County Transportation Division. The developer shall be responsible for construction and maintenance of the access road, drainage facilities, landscapin and other related improvements. In the event that the Related Group PUD will not share in the cost of proposed improvements, access shall not be shared, nT rn Maqtff RI satith r ,, shafedap.F.Psis area. The access shall also include shared access with the LaCosta Apartments to the west. F. The developer shall provide a turn lane at the project entrance onto Livingston Road, at either the permitted access location, prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right -of- Way Manual and Ordinance 82 -91. A non- exclusive five -foot wide roadway easement shall be provided for the length of the turn lane. G. The developer, or its successors in interest, shall construct a 10 foot wide bike path/sidewalk along the existing FPL service road upon request by the County. The location of the bike path /sidewalk shall be consistent with the alignments for the County's proposed bike path /sidewalk system. If FPL does not give its permission to locate the sidewalk /bike path within its easement the developer, or its successors in interest, shall construct the 6 foot wide sidewalk/bike path along Livingston Road. SECTION VIII: AMENDMENTS TO WATER MANAGEMENT REQURRMENTS SECTION TO ORDINANCE NUMBER 04 -75, THE HIWASSE PUD Section 6.5, Water Management Requirements, of Ordinance Number 04 -75, the Hiwasse Page 6 of 8 Words underlined are additions; words sti-ti ', are deletions. Revised 7/1/08 '^TYW` • PUD, is hereby amended to add a new paragraph to read as follows: D The developer shall accommodate the stormwater run -off from Eatonwood Lane should there be no drainage easement presently in place to accommodate said runoff. SECTION IX: AMENDMENT ADDING A DEVIATION SECTION TO ORDINANCE NUMBER 04 -75, THE HIWASSE PUD Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to add a section entitled "Deviations" to read as follows: 7. DEVIATIONS A deviation from Subsection 6.06.02.A.I of the LDC to allow improvements to the existing FPL service road by constructing a 10 foot wide bike path /sidewalk meeting County standards or a 6 foot wide sidewalk and bike path along Livingston Road. SECTION X: AMENDMENTS TO ORDINANCE NUMBER 04 -75, THE HIWASSE PUD, TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE THROUGHOUT THE PUD DOCUMENT All sections and subsections of Ordinance Number 04 -75, the Hiwasse PUD, are hereby amended to remove any and all references to specific numeric and lettered citations to specific sections and subsections of the Land Development Code to leave only general references to the Land Development Code throughout the PUD document. SECTION XI: AMENDMENTS TO EXHIBIT A, THE PUD MASTER PLAN The "PUD Master Plan," Exhibit "A" of Ordinance Number 04 -75, the Hiwasse PUD is hereby replaced with a new PUD Master Plan, attached hereto and incorporated by reference herein. Page 7 of 8 Words underlined are additions; words struek threugh are deletions. Revised 7/1/08 Lynn . SECTION XII: AMENDMENT TO EXHIBIT C, CROSS - SECTION STUDY ALSO KNOWN AS LANDSCAPE DETAIL AND VIEW ELEVATION Exhibit "C," "Cross Section Study," also referred to as "Landscape Detail and View Elevation" of Ordinance Number 04 -75, the Hiwassee PUD, is hereby replaced with a new Exhibit "C" entitled "Landscape Detail & View Elevation / Cross Section Study ", attached hereto and incorporated by reference herein. SECTION XIII: AMENDMENT TO ADD A NEW EXHIBIT ENTITLED "ARCHITECTURAL SCHEMATIC" TO THE EXHIBITS ATTACHED TO THE PUD DOCUMENT Ordinance Number 04 -75, the Hiwasse PUD, is hereby amended to add a new Exhibit D entitled "Architectural Schematic," attached hereto and incorporated by reference herein. SECTION XIV: EFFECTIVE DATE 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 24`x' day of June , 2008. ATTEST:, DWIGH'E. BROCK, CLERK By: — AtUtt tt to` irmo puty Jerk tigfilk n Opl y Approved as to form and legal sufficiency: tri_ 1 jr—� Marjorie 6h. Student - Stirling Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIERNTY, F RIDA By. TOM HENNING, CHAIRMANO Page 8 of 8 Words underlined are additions; words stpdek thratigh are deletions. Revised 7/1/08 7rr"I� 1 ' I !- J, [ t 1 C� _ l I RI� ■ ;�U _ I ■S N 1 �, I I I ;�! I • �• O r ii {.._7ll�� t I I ■ all FE 11 1 1 1 II rf I i �i 11 Ir ' i I �' ; i I i fl t� RI•� 1 1 iii 9i E ff[i ' ' C ^_ _- - - --�.n, .eo•.e...l = -_ 1 A � �lp! all as 1,1 '------'y, -- --- 9 g s fill E oil I 1 1 E a 8A ;1- I_01V'llt Y 1 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00 °15'37 "E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.89 °23'53 "W. ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHWAST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.00015'37 "E., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.00 009'47 "E., PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 73.69 FEET TO THE MOST NORTHEASTERLY CORNER OF EATONWOOD LANE, A 130.33 FOOT RIGHT -OF -WAY, AS THE SAME IS SHOWN ON THE PLAT OF KENSIGNTON PARK PHASE THREE -B ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 5 AND 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.89 °50'13 "W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE -B, FOR A DISTANCE OF 390.00 FEET; THENCE RUN N.00 009'47 "W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE -B, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N. 00)15'37 "W, ALONG THE BOUNDARY OF SAID KENS[GNTON PARK PHASE THREE -B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID KENSIGNTON PARK PHASE THREE -B; THENCE CONTINUE N.00 015'37 "E., ALONG THE BOUNDARY OF KENSIGNTON PARK PHASE 3A ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 176.24 FEET TO A POINT ON THE SOUTII LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.89 023'53 "E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEASTER QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING; CONTAINING 12.515 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRUCTION OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH, RNAAGE 25 EAST, LEE COUNTY, FLORIDA AS BEING S.00 °15'39 "E. HOLE MONTES. INC. CERTIFICATION OF AUTHORIZATION LB #1772 WA-1001\2001076WIMEXHIBIT B LEGAL DESCRIPTION.doc P N� v) '^/ V O� LLU uj Z a Og2p E Fd sT —J s ea Z w W _l 0' w Ito LU 5 € °x C d w a $ Z w wa �.\ o Z k d — - - - - -- _--- NOIS6NIAI -1 '-- _-- —_ —_— ----- '- - - -- OV02f —� - -- — _ —_ —_— --- - - - - _ -- /Myam ..a_. °_ r �.•r LLI acne LO WO ° LL ?0 IL - W — U� - - - - -- - - -- QUA za W . M ,n � M W W�, m Z — U� �— =_=mow -- i %- - - - - -- — a = — - V - - -- - - -- r el Q z 0 m W w Zy ° �Z Y a Na- Zd //w�� o� I I I I I 1 1 Y Q W P N� v) '^/ V O� LLU uj Z a Og2p E Fd sT —J s ea Z w W _l 0' w Ito LU 5 € °x C d w a $ Z w wa �.\ o Z k d i 'i I 0 8A �D Mm 0. Z w U W �D Mm 0. Z w U W 4 V 4 'U 'j � FFiS W w W z J d � fC � V W � � S V U. J w () S 4 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008 -34 Which was adopted by the Board of County Commissioners on the 24th day of June, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of July, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of �r , County Commissio�' ' a•, 1 By: Martha Ver ra, Deputy Clerk,. • COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X❑ Normal legal Advertisement (Display Adv., location, etc.) ❑ Other. Originating Dept/ Div: Public Utilities Division Person: Thomas G. Wides Date: 6/6/08 Petition No. (If none, give brief description): Changes to Collier County Water -Sewer District Water and Sewer Impact Fees Petitioner: (Name & Address): James W. DeLony, Public Utilities Adminiitrator 3301 East Tamiami Trail, Naples, FL 34112 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Agenda Date June 24, 2008 Newspaper(s) to be used: (Complete only if important): X❑ Naples Daily News ❑ Other Proposed Tent (Include legal description & common location & Size: X❑ Legally Required A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE IMPACT FEE RATES ESTABLISHED BY ORDINANCE NO. 2007-57. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X❑ Yes ❑ No If Yes, what account should be charged for advertising costs: 210111 Revi wed by: Division Administrator r Designee ate List Attachments: Copy of Proposed Resolution with schedule 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 Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE Q Date Received: Qp 0 Date of Public heating: CZ Date Advertised: RESOLUTION NO. 2008- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE IMPACT FEE RATES ESTABLISHED BY ORDINANCE NO. 2007 -57. WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001 -13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Law and Ordinances (the Code), and incorporating the water and sewer impact fee rates established by the adoption of Ordinance No. 98 -69; and WHEREAS, on December 11, 2001, the Board of County Commissioners ('Board' adopted Resolution No. 2001 -488 thereby amending Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; increasing the Water and Sewer Impact Fee rates and directed staff to update the Impact Fee after one year; and WHEREAS, in accordance with that direction, the County has retained Public Resources Management Group, Inc. ( "the Consultant') to review the existing water and sewer impact fees and to recommend changes to those fees if appropriate; and WHEREAS, on February 12, 2002, the Board adopted Resolution No. 2002 -88 to correct Scrivener's errors, and to correct the water impact fee downward by $50 per Equivalent Residential Unit (ERC), and to amend Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; thereby increasing the Water and Sewer Impact Fee rates; and WHEREAS, on June 6, 2006, the Board adopted Ordinance No. 2006 -26 amending Ordinance No. 2001 -13 changing the impact fee rate; and WHEREAS, on June 26, 2007, the Board adopted Ordinance No. 2007 -57 amending Ordinance No. 2006 -26 changing the impact fee rate and to include Annual Mid -Cycle water and sewer impact fee rate indexing; and WHEREAS, the County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, the Consultant has estimated the cost to future utility system users of approximately five - hundred and three million ($503 million) in the next ten (10) years; and WHEREAS, the Consultant has recommended a water impact fee rate decrease from $3,616.49 per ERC to $3,575 per ERC, a decrease of $41.49 and a sewer impact fee rate decrease from $3,722.39 per ERC to $3,495 per ERC, a decrease of $277.39 for all customer classes based on their ERC's equivalents; and WHEREAS, the above recommended rate decrease for water and rate decrease for sewer establish these rates at the maximum levels allowed in accordance with equity tests established and existing pursuant to Florida law; and WHEREAS, staff has thoroughly reviewed the Consultant's findings and recommendations and staff concurs with the recommended decrease to water and the recommended decrease to sewer impact fee rate changes, and staff recommends that the Board adopt this Resolution to implement these recommended changes; and WHEREAS, the Board finds that it is in the health, safety and welfare to accept the recommendations of the Consultant and from staff. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby declares, after advertised public hearing, that the water and sewer impact fee rates set forth in the revised Schedule Two of Appendix A of Ordinance No. 2007 -57, as amended, the Collier County Consolidated Impact Fee Ordinance, the same being Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, attached hereto, and incorporated be reference herein as Exhibit "A" are fair and reasonable and are to be assessed to those who receive or will receive benefits from increased water facilities capacity, increased sewer public facilities capacity, or from both, which increased capacity is necessitated by increased population and related growth driven development. BE IT FURTHER RESOLVED that these revised water and sewer impact fees will take effect as of 8:00 A.M. on Wednesday, October 1, 2008. This Resolution is adopted after motion; second and majority vote favoring adoption this day 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA ,Deputy Clerk Approval as to form and legal Sufficiency: JeBelpedio Assistant County A n TOM HENNING, CHAIRMAN {\ ,! ~ ®� ! I )(,,] !�(i\ \ / { \� )� \ §\ !` |)\ })! |� \( ) ( ( \ )\ / ~ ®� ! I )(,,] !�(i\ \ / { \� )� \ §\ !` |)\ })! |� W#17 ELOMM June 10, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Changes to Collier County Water -Sewer District Water and Sewer Impact Fees Dear Legals: Please advertise the above referenced notice on Friday, June 13, 2008, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #10128301 NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, JUNE 24, 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 Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE IMPACT FEE RATES ESTABLISHED BY ORDINANCE NO. 2007 -57. 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. 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. 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk Teresa L. Polaski To: legals @naplesnews.com Subject: Changes to Water and Sewer Impact Fees Attachments: Changes to Water and Sewer Impact Fees.doc; Changes to Water and Sewer Impact Fees.doc Legals, Please advertise the following on Friday, June 13, 2008. Thanks �1 0-1 Changes to Water Changes to Water and Sewer Imp... and Sewer Imp... Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax (Teresa.Po laski @col lierclerk.com) 1 Teresa L. Polaski I 8B From: postmaster @collierclerk.com Sent: Tuesday, June 10, 2008 3:05 PM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT12157.txt; Changes to Water and Sewer Impact Fees LJ Ll ATT12157.bct (231 Changes to Water B) and Sewer Imp... 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. legalsonaplesnews.com Changes to Water and Sewer Impact Fees Teresa L. Polaski From: Ferrell, Pam [PPerrell @Naplesnews.com] Sent: Tuesday, June 10, 2008 4:04 PM To: Teresa L. Polaski Subject: RE: Changes to Water and Sewer Impact Fees OK From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.com] Posted At: Tuesday, June 10, 2008 3:05 PM Posted To: Legals - NDN Conversation: Changes to Water and Sewer Impact Fees Subject: Changes to Water and Sewer Impact Fees Legals, Please advertise the following on Friday, June 13, 2008. Thanks Page 1 of 1 8B <<Changes to Water and Sewer Impact Fees.doc>> <<Changes to Water and Sewer Impact Fees.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239- 252 -8411 239 - 252 -8408 fax (Terese.Po laski @col lierclerk.com) 6/10/2008 NAPLES DAILY NEWS Published Daily Naples. FL 34t112 Affidavit of Publication State of Florida County of Collier Before the undersigned thoc serve as the authority. personally appeared B Lamb_ who on will says that (Ile} senc as the Assistant Corporate Secretary of lice Naples Daily. a dath netcspaper published at Naples, to Collier County. Florida: distributed in Collier and Lee counties of Florida; that the attached copy of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE l%as published in said newspaper I lime in the issue On June 13 ". 2008 Aftiant flmher s;nx Ihal the said Saples Daily News is a newspaper Published at Saples. in collier county. Florida and that lhe said newspaper has heretofore been continuously published in said Collier Co nitN Florida, distributed in Collier and fee counties of Florida, each day and has been entered as second class mail natter at the post oflicz in Saples. in said Collier County_ Florida, for it period of I Near next preceding the first publication of the attached cope of adcerrisement and aftanl i.rilr r sa}'e that he has nchhcr paid nor pnnnimd auy person, brut of c.apum5on am diacounL rebate, .mmnnn,,on or , and for the purpose of ...curing fits ad, rfiscmrnt fur I bhcaGoo m fff�1w( said netcspaper. ( Signattl ohaffiant) Sworn to and subscribed before file This 13". Day Of June 2008 L . (Sign.lurc of of n publi ) JUDY J ANES Commission ion DF, 375' 3 EpuS.1ayb Olt FFI io- ?57832 ` ae f ire v �r a sn sus ��rs • r • M' ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Pilot on pink paper. Attach to oil ginal 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 41 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. Attorney (Initial) Applicable) 2. June 24, 2008 Agenda Item Number 8 B 3. Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 4. Jennifer A. Belpedio, Assistant County Attorney County Attorney Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office 7. Jennifer A. Belpedio, 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 Jennifer A. Belpedio, Assistant County Phone Number X5709 Contact Attorney (Initial) Applicable) Agenda Date Item was June 24, 2008 Agenda Item Number 8 B 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 Amending Collier County�ffetter_Sewr� Number of Original 1 Attached District Impact Fee Rates and Table b V JV__ Documents Attached INSTRUCTIONS & CHECKLIST Q(.�_t.. 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 JAB Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signatm a 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 JAB 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 JAB initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be JAB 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 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 June 24, 2008 and all changes made during the JAB meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 7. Please and a -mail Jennifer A. Belpedio, ACA a copy of Resolution on lieu of hardcopy at JAB JenniferB edio Collier ov.net Q(.�_t.. • e MEMORANDUM Date: July 1, 2008 To: Bala Sridhar Sr. Mgt. & Budget Analyst Public Utilities From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -202: Amending the Collier County Water -Sewer District Impact Fee Rates established by Ordinance No. 2007 -57 Enclosed please find one (1) copy of the document, as referenced above, (Agenda Item #813), adopted by the Board of County Commissioners on Tuesday, June 24, 2008. If you should have any questions, please contact me at 252 -8406. Thank you. Enclosure • e AAM RESOLUTION NO. 2008- 202 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE IMPACT FEE RATES ESTABLISHED BY ORDINANCE NO. 2007 -57. WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001 -13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Law and Ordinances (the Code), and incorporating the water and sewer impact fee rates established by the adoption of Ordinance No. 98 -69; and WHEREAS, on December 11, 2001, the Board of County Commissioners ( "Board ") adopted Resolution No. 2001 -488 thereby amending Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; increasing the Water and Sewer Impact Fee rates and directed staff to update the Impact Fee after one year; and WHEREAS, in accordance with that direction, the County has retained Public Resources Management Group, Inc. ( "the Consultant ") to review the existing water and sewer impact fees and to recommend changes to those fees if appropriate; and WHEREAS, on February 12, 2002, the Board adopted Resolution No. 2002 -88 to correct Scrivener's errors, and to correct the water impact fee downward by $50 per Equivalent Residential Unit (ERC), and to amend Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; thereby increasing the Water and Sewer Impact Fee rates; and WHEREAS, on June 6, 2006, the Board adopted Ordinance No. 2006 -26 amending Ordinance No. 2001 -13 changing the impact fee rate; and WHEREAS, on June 26, 2007, the Board adopted Ordinance No. 2007 -57 amending Ordinance No. 2006 -26 changing the impact fee rate and to include Annual Mid -Cycle water and sewer impact fee rate indexing; and WHEREAS, the County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, the Consultant has estimated the cost to future utility system users of approximately five- hundred and three million ($503 million) in the next ten (10) years; and WHEREAS, the Consultant has recommended a water impact fee rate decrease from $3,616.49 per ERC to $3,575 per ERC, a decrease of $41.49 and a sewer impact fee rate decrease from $3,722.39 per ERC to $3,495 per ERC, a decrease of $277.39 for all customer classes based on their ERC's equivalents; and • • s WHEREAS, the above recommended rate decrease for water and rate decrease for sewer establish these rates at the maximum levels allowed in accordance with equity tests established and existing pursuant to Florida law; and WHEREAS, staff has thoroughly reviewed the Consultant's findings and recommendations and staff concurs with the recommended decrease to water and the recommended decrease to sewer impact fee rate changes, and staff recommends that the Board adopt this Resolution to implement these recommended changes; and WHEREAS, the Board finds that it is in the health, safety and welfare to accept the recommendations of the Consultant and from staff. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby declares, after advertised public hearing, that the water and sewer impact fee rates set forth in the revised Schedule Two of Appendix A of Ordinance No. 2007 -57, as amended, the Collier County Consolidated Impact Fee Ordinance, the same being Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, attached hereto, and incorporated be reference herein as Exhibit "A" are fair and reasonable and are to be assessed to those who receive or will receive benefits from increased water facilities capacity, increased sewer public facilities capacity, or from both, which increased capacity is necessitated by increased population and related growth driven development. BE IT FURTHER RESOLVED that these revised water and sewer impact fees will take effect as of 8:00 A.M. on Wednesday, October 1, 2008. This Resolution is adopted after motion; second and majority vote favoring adoption this 41 % day : � — _ 2008. DWXGHT E. BROOK, CLERK I^° iippatWV oat Approval as to form and legal Sufficiency: Jennife0A. Belpedio Assistant County Attom BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TO NNIN , CHAIRM Item # (+_ Agenda Gate Date Recd }{ \ \) : IN �- � �( :.- Q \` • u \ � g \ \ : IN COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X❑ Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: Originating Dept/ Div: Public Utilities Division Person: Thomas G. Wides Date: 6/6/08 Petition No. (If none, give brief description): Changes to Collier County Water -Sewer District User Rates Petitioner. (Name & Address): James W. DeLony, Public Utilities Adminsitrator 3301 East Tamiami Trail, Naples, FL 34112 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Agenda Date June 24, 2008 Newspaper(s) to be used: (Complete only if important): X❑ Naples Daily News ❑ Other X❑ Legally Required Proposed Tent: (Include legal description & common location & Size: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULES ONE AND FOUR THROUGH SEVEN OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2006 -27, TITLED THE COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; THIS AMENDMENT INCLUDES PROPOSED RATES FOR WATER AND WASTEWATER SERVICES WITH EFFECTIVE DATES OF OCTOBER 1, 2008 AND OCTOBER 1, 2009 FOR SCHEDULE 1 OF APPENDIX A OF THE ORDINANCE; AND PROVIDES FOR AN EFFECTIVE DATE OF OCTOBER 1, 2008 FOR SCHEDULES FOUR THROUGH SEVEN OF APPENDIX A OF THE ORDINANCE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X❑ Yes ❑ No If Yes, what account should be charged for advertising costs: 210111 R wed by: .f V_ ivision Administrator 6r Designee Date List Attachments: Copy of Proposed Resolution with schedules 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 8C B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE Date of Public hearing: Date Received: g: Z� Date Advertised: 04LOA -010231235 8 k, RESOLUTION NO. 2008 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULES ONE AND FOUR THROUGH SEVEN OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2006 -27, TITLED THE COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; THIS AMENDMENT INCLUDES PROPOSED RATES FOR WATER AND WASTEWATER SERVICES WITH EFFECTIVE DATES OF OCTOBER 1, 2008 AND OCTOBER 1, 2009 FOR SCHEDULE 1 OF APPENDIX A OF THE ORDINANCE; AND PROVIDES FOR AN EFFECTIVE DATE OF OCTOBER 1, 2008 FOR SCHEDULES FOUR THROUGH SEVEN OF APPENDIX A OF THE ORDINANCE. WHEREAS, on December 11, 2001 the Board of County Commissioners adopted an Ordinance No. 2001 -73, entitled the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, and increased the water -sewer user rates and directed staff to update the user rates after one year; and WHEREAS, on June 6, 2006 the Board of County Commissioners adopted an Ordinance No. 2006 -27, entitled the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, and increased the water -sewer user rates and directed staff to update the user rates after one year; and WHEREAS, Collier County uses water and sewer user rates to recover system operation, maintenance, renewal enhancement, replacement and debt service costs from residential and non - residential property owner system users within the boundaries of the Collier County Water - Sewer District; and WHEREAS, Collier County has retained Public Resources Management Group, Inc. (the Consultant) to review the existing water and sewer user rates and to recommend appropriate changes to those rates; the Consultant has recommended rate increases to fund improvements to reliability of water and sewer systems, payment of debt service, and escalating cost of fuel, chemicals and electricity over the next five (5) years; and WHEREAS, the Consultant has recommended increasing the water and sewer user rates applicable to single family residential, multi- family residential, and commercial customers as specified in the attached amending Schedule One to Appendix A; and WHEREAS, the Consultant has recommended price indexing rate adjustment in the mid - cycle years when there is no rate study by applying one - hundred - percent (100 %) of the percentage change in the Miami -Fort Lauderdale Consumer Price Index (CPI) all urban consumers as reported by the Bureau of Labor Statistics as of April each year or 2.7% whichever is greater, to the monthly service availability charges and consumption / volumetric charges; and • MR WHEREAS, staff has thoroughly reviewed the Consultant's findings and recommendations and concurs with the recommended increase for water and sevrer user rates. WHEREAS, the Board finds that it is in the health, safety and welfare to accept the recommendations of the Consultant and from staff. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMSSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners, after advertised public hearing: 1. Accepts the Consultant's and staff s recommendation and proclaims that the water and sewer user rates as set forth in the amended Schedule One to Appendix A of Ordinance No. 2006 -27, as amended, titled the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, which amended Schedule is incorporated herein. These revised water and sewer user rate schedules will take effect at 12:01 A.M. on Wednesday, October 1, 2008 for Fiscal Year 2009, and at 12:01 A.M. on Friday, October 1, 2009 for Fiscal Year 2010; and revised rates for Schedules Four through Seven will be take effect at 12.01 A.M on Wednesday, October 1, 2008 for fiscal year 2009; and 2. Proclaims that the price indexing rate adjustment in the mid -cycle years when there is no rate study by applying one - hundred- percent (100 %) of the percentage change in the Miami -Fort Lauderdale Consumer Price Index (CPI) all urban consumers as reported by the Bureau of Labor Statistics as of April each year or 2.7% whichever is greater, to the monthly service availability charges and consumption / volumetric charges. This indexing rate adjustment will go into effect on October 1, of each mid -cycle year when there is no rate study. This Resolution is adopted after motion; second and majority vote favoring adoption this day 12008. ATTEST: DWIGHT E. BROCK, CLERK ,Deputy Clerk Approval as to form and legal Sufficiency: CAS 4 Jenm er A. Belpedi Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN 1k i M PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING, AND REGULATORY STANDARDS ORDINANCE APPENDIX A- FEES, RATES AND CHARGES SC EDULEI DISTRICT -WIDE WATER AND WASTEWATER RATES Page l oft guide Proposed 111 5 fE I tlls el Water 0. Martina October 1, 2001 October 1, 2005 October 1, 2009 Eatitlng 525.35 =6.23 Proposed[l] 2535 3623 55.67 Eifemlve 59.64 Effectve 73111 Effective 10)1$ 111.49 October 1, 2M 170.22 October 1 2008 1 =54 October 1, 2009 32702 1. WATER SERVICE AVAILABILITY CHARGES 523.93 54237 561.25 1,044.12 11080.66 1,118.49 (ReltlmtW, Multifamily, Commercial, and Irrigation Only) 1,72695 1,787.39 2,991.50 3,036.20 3 }04.9 4,433.89 Matter Star $16.0 044 $16.59 0.69 S17.17 L4'• 1603 1659 1217 1" 3138 3662 37.90 1 -1 /4- 44.79 4636 47.98 1 -lrz'• 67,45 0.81 1225 21. 105.841 109159 113.42 31• 195.72 20.9 209.66 4" 324.00 335.34 341.08 6.. 6W.70 661.26 690.62 1" 1,029.0 1,065.M 1,102.86 10" 1,80.33 1928.55 1,99605 12" 2516.69 2,604.11 2,695.94 VOLUME CHARGE PER 1,000 GALLONS (ResWentlal, Multifamilg Commercial and Irrlgmton Only) Block 1 $2.20 =.28 52.36 Block 2 360 3.42 3.54 Bleck3 4.40 4.55 4 .71 Blcck4 5.50 5.0 5.89 Blacks 6.59 6.82 706 Blackb 8.19 9.10 9.42 BLOCK RATE STRUCTURE (Radiational, Multifamily, Commercial and irrigation OnIY) Consumption Block- Up To Or Neff Meter She Block I Block 2 Block 3 @oark 4 Block i Block 6 S8" S,o00 14000 20.000 30,000 50100) Over 50,400 314" 5,000 to,000 zo.000 30,000 Km Over 50,000 1" 12,000 25,000 54000 15,000 120,000 Over 120,000 201000 40,000 80,000 120,00 204000 Over, 21w,W0 1 -lrz" 25,000 50,000 100,000 350,000 254000 Over 254000 2" 40,000 84000 luo," 3440011 400.000 Over 400,000 31, 410,000 160,000 320,000 480,000 804000 Over 804000 4^ 124000 250,000 500 ,000 800,UO0 1,20400o Over 1$04000 61• 254000 5001000 3,000,000 1300,000 2500,000 Over 2500,000 8., 450,000 900,00 I,a00,o00 2,100,000 4504000 Over 4500,000 10" 700,000 1 ,450,000 2904000 4500,000 1,0040110 Over 1,000,000 12" 110751000 2,150,000 4,300,000 6,454000 1],000,000 Over 11,000,000 111 ft paned rate to become effective with mrvice tendered on and after October ist of each Nml year frolkated 2. WASTEWATER SERVICE AVAILABILITY CHARGES (Ruddmdal, Multifamily, and Clmmercol) Meter She M. 3/4" 1" 1 -114" 1 -Irz" 2" 3" 4" 6" e^ 10" 13" VOLUME CHARGE PER CM GALLONS (Reltlentia4 Multifamily, and CpmmercmD All CmK 12) Summary of ganging and Pmooud Wastewemr Rate guide Proposed 111 Effective Effective Martina October 1, 2001 October 1, 2005 October 1, 2009 524.49 525.35 =6.23 24.49 2535 3623 55.67 51.62 59.64 71.38 73111 1646 10)1$ 111.49 11539 170.22 176.18 1 =54 315 96 32702 33846 523.93 54237 561.25 1,044.12 11080.66 1,118.49 1,658.55 1,72695 1,787.39 2,991.50 3,036.20 3 }04.9 4,433.89 4589.08 4,749.69 044 53.56 0.69 111 Proposed rate In became effective with service rendered on and after October let or each Orel Year indicate6 121 Monthly Individually metere4 residential usage charge are capital at ISM pllana. PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING, AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 1 - DISTRICT -WIDE WATER AND WASTEWATER RATES Page 2 of 2 3. Fire Systems (Dedicated and Compound): (a) Fire Meter (i) Fire Service meter size will refer to the largest diameter meter register installed for fire protection. (ii) Fire Service meter connections that have consumption in excess of 5,000 gallons in any one billing period are deemed to have provided domestic or other water usage and shall be billed according to regular water monthly availability and usage charges as described herein. (b) Volume charge (i) Per 1,000 gallons 4. Water Restriction Surcharge: Percent Reduction Goal Flow charge Rate Water Shortage Phase* In Overall Demand Adjustment Percentage Phase 2 - Severe 30% 15% Phase 3 - Extreme 45% 30% Phase 4 - Critical 60% 40% * Per the South Florida Water Management District (SFWMD) Water Shortage Plan Pursuant to Chapter 40E -21 of the Florida Administrative Code (FAC) The surcharge will be applicable to the volume charge for all single family, multi - family and non - residential accounts for all consumption greater than Block 2. The Block Structures are specified in Section One above. The surcharge is not assessed against the service availability charge. The water restriction surcharge will start on the first billing cycle of the month following the imposition of the restrictions. The surcharge will cease on the first billing cycle of the month following the revocation or lifting of the restrictions. t 8C PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 4 - METER TAPPING CHARGES AND BACKFLOW DEVICE CHARGES Page 1 of 1 Meter Installation Charges (Tanning Fees) 1. Meter Installation Charges to be paid to the District shall be as follows: Meter size meter tapping charges: Meter Tapping Charges With Service Line Installation Charf Effective October Meter Tapping Charges Without Service Line Installation Charge Meter Size Effective October 1, 2008 .75 inch $779.00 .75 inch $257.00 1 inch $827.00 1 inch $270.00 1.5 inch $940.00 1.5 inch $347.00 2 inch $1,213.00 2inch $410.00 Backllow Device Charges 2. Backflow Device Charges to be paid to the District shall be as follows: Meter Size .75 inch I inch 1.5 inch 2 inch Reduced Pressure Backflow Prevention Assembly Charge Effective October 1, 2008 $247.00 $270.00 $375.00 $433.00 ! gC PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 5 - EQUIPMENT, LABOR AND ADMINISTRATION CHARGES Page 1 of 1 DESCRIPTION EFFECTIVE OCT. 1, 2008 (1) Equipment (Per Hour Rates): Rehab & electrician's Truck $75.00 Crew Truck $50.00 Vactor Truck $200.00 Camera Truck $150.00 Boom Truck $100.00 20 Yard Dump Truck $70.00 10 Yard Dump Truck $40.00 Pumper Truck $200.00 Track Hoe (Big or Small) $50.00 Back Hoe $65.00 Olympian Generators $60.00 Dewatering System $40.00 4" Trash Pump $10.00 Mud Hog $15.00 Trailer $45.00 Signs, Barricades and /or Traffic Board $100.00 Road Saw and /or compactor $15.00 Miscellaneous Small Equipment $5.00 (2) Labor (Per Hour Rates): Tech 1 & 2 $30.00 Supervisors $40.00 (3) Administration (Per incident) 15% or $300; whichever is smaller (4) Parts and Sub - contractors Actual cost I 8C PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 6 - MISCELLANEOUS CHARGES Page 1 of 1 DESCRIPTION EFFECTIVE OCT. 1, 2008 average consumption, plus a $300.00 New Accounts - change of Ownership $28.00 Turn Off -Turn On at Owner's Request $50.00 Meter Re -Read (if different - charge is $0) $50.00 Meter Test: Ousite Test 9more than 3% error - charge is $0) $140.00 Offsite Bench Test (more than 3% error - charge is $0) $250.00 Meter Lock $55.00 Meter Unlock, 2nd and Subsequent Events $55.00 Unlock after hours $100.00 Meter Removal $180.00 Illegal connection Actual time and material cost, plus average consumption, plus a $300.00 fine Convenience Fee - Credit Card $5.00 Temporary Meter Deposit $1,000.00 Duplicate Bill Processing Fee $2.00 Non - Sufficient Funds (NSF) Processing Charge 15% of the amount or $100, whichever is smaller Late Payment Charge $60.00 Removal of Landscaping to Access Meter $80.00 Septage Processing Charge /1,000 gallons $35.00 Grease Trap Waste Charge /1,000 gallons $45.00 gC 41, 1 Schedule Seven (Appendix A) Collier County Water -Sewer District Water and Wastewater Impact Fee Study P onosed Allowance for Funds Prudently Invested (AFPI) Fee Schedule [I j AFPI fees for January 2008 through September 2008 were established during the previous rate study performed by PRMG in 2006. The revised AFPI fee schedule is proposed to become effective on October 1, 2008. ERC= Equivalent Residential Connection AFPI Fee Schedule Per ERC - Water System Payment Payment Calendar Year Calendar Year Month 2008 rij Month 2008 [11 2009 2010 2011 2012 2013 2014 January $234.76 $36116 $518.80 $674.44 $830.08 $933.84 $933.84 February 249.44 376.13 531.77 687.41 843.05 933.84 933.84 March 264.11 389.10 544.74 700.38 856.02 933.84 933.84 April 278.78 402.07 557.71 713.35 868.99 933.84 933.84 May 293.45 415.04 570.68 726.32 881.96 933.84 933.84 June 308.13 428.01 583.65 739.29 894.93 933.84 933.84 July 322.80 440.98 596.62 75216 907.90 933.84 933.84 August 337.47 453 95 609.59 765.23 920.87 933.84 933.84 September 352.14 466.92 622.56 778.20 933.84 933.84 933.84 October 324 25 479.89 635.53 791.17 933.84 933.84 933.84 November 33722 492.86 648.50 80414 933.84 933.84 933.84 December 350.19 505.83 661.47 817.11 933.84 933.84 933.84 [I j AFPI fees for January 2008 through September 2008 were established during the previous rate study performed by PRMG in 2006. The revised AFPI fee schedule is proposed to become effective on October 1, 2008. ERC= Equivalent Residential Connection AFPI Fee Schedule Per ERC - Wastewater System Payment Calendar Year Month 2008 rij 2009 2010 2011 2012 2013 2014 January $152.94 $295.12 $421.60 $548.08 $674.56 $758.88 $758.88 February 162.50 305.66 432.14 558.62 685.10 758.88 758.88 March 172.06 316.20 442.68 569.16 695.64 758.88 758.88 April 181.62 326.74 453.22 579.70 706.18 758.88 758.88 May 191.18 337.28 463.76 590.24 716.72 758.88 758.88 June 200 74 347.82 474.30 600.78 727.26 758.88 758.88 July 21030 35836 484.84 611.32 737.80 758.88 758.88 August 219.86 368.90 495.38 621.86 748.34 758.88 758.88 September 229.41 379.44 505.92 632.40 758.88 758.88 758.88 October 263.50 389.98 516.46 642.94 758.88 758.88 758.88 November 274.04 400.52 527.00 653.48 758.88 758.88 758.88 December 284.58 411 .06 537.54 664.02 758.88 758.88 758.88 [I j AFPI fees for January 2008 through September 2008 were established during the previous rate study performed by PRMG in 2006. The revised AFPI fee schedule is proposed to become effective on October 1, 2008. ERC= Equivalent Residential Connection 8 C June 10, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Changes to Collier County Water -Sewer District User Rates Dear Legals: Please advertise the above referenced notice on Friday, June 13, 2008, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #10128301 • NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, June 24, 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 Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULES ONE AND FOUR THROUGH SEVEN OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2006 -27, TITLED THE COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; THIS AMENDMENT INCLUDES PROPOSED RATES FOR WATER AND WASTEWATER SERVICES WITH EFFECTIVE DATES OF OCTOBER 1, 2008 AND OCTOBER 1, 2009 FOR SCHEDULE 1 OF APPENDIX A OF THE ORDINANCE; AND PROVIDES FOR AN EFFECTIVE DATE OF OCTOBER 1, 2008 FOR SCHEDULES FOUR THROUGH SEVEN OF APPENDIX A OF THE ORDINANCE. 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. 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. 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. V,8 C BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk ka 8C r Teresa L. Polaski To: legals @naplesnews.com Subject: Changes tp Water -Sewer District User Rates Attachments: Changes to Water and Sewer District User Rates.doc; Changes to Water and Sewer District User Rates.doc Legals, Please advertise the following on Friday June 13, 2008. Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax (Tereso.Po laski@col I ierclerk.com) 1 Changes to Water Changes to Water and Sewer Dis... and Sewer Dis... Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax (Tereso.Po laski@col I ierclerk.com) 1 8C Teresa L. Polaski From: postmaster @collierclerk.com Sent: Tuesday, June 10, 2008 3:06 PM To: Teresa L. Polaski Subject: Delivery Status Notification (Relay) Attachments: ATT12148.txt; Changes to Water -Sewer District User Rates ATT12148.txt (231 Changes to B) Vater -Sewer Distric., 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 Changes to Water -Sewer District User Rates Teresa L. Polaski From: Perrell, Pam [PPerrell @Naplesnews.com] Sent: Tuesday, June 10, 2008 4:02 PM To: Teresa L. Polaski Subject: RE: Changes to Water -Sewer District User Rates From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.com] Posted At: Tuesday, June 10, 2008 3:06 PM Posted To: Legals - NDN Conversation: Changes to Water -Sewer District User Rates Subject: Changes to Water -Sewer District User Rates Legals, Please advertise the following on Friday June 13, 2008. Thanks Page 1 of 1 <<Changes to Water and Sewer District User Rates.doc>> <<Changes to Water and Sewer District User Rates.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239 - 252 -8411 239- 252 -8408 fax (Teresa.Polaski @co I lierclerk.com) 6/10/2008 Rate study and impact fee study Teresa L. Polaski From: Patricia L. Morgan Sent: Monday, June 16, 2008 8:34 AM To: Brock, Mary; Bodine, Judi Cc: Minutes and Records Subject: FW: Rate study and impact fee study fyi.... It looks like the item is moving to the July 22nd BCC meeting. From: sridhar_b [ mailto :BalaSridhar @colliergov.net] Sent: Monday, June 16, 2008 8:31 AM To: wides_tom Cc: Belpedio, Jennifer; Delony, Jim; Patricia L. Morgan Subject: Rate study and impact fee study Page 1 of 1 1 8C I called records office to see what the procedure is to pull an agenda item from the June 24th meeting to a meeting in July. They told me that as long as the next meeting date is within 5 weeks of the original scheduled date, we do not have to rerun the ad. They said to make sure we change the agenda items on Novus to new date. I will make the changes to Novus today. Bala M. Sridhar Public Utilities- Operations Phone: 239-252-2539 Cell: 239 - 289 -2701 e -mail: balasridhar@colliergov.net 6/16/2008 Schedules for the rate study Page 1 of 1 8C Patricia L. Morgan From: sridhar_b [BalaSridhar @colliergov.net] Sent: Monday, June 16, 2008 3:47 PM To: Patricia L. Morgan Subject: RE: Schedules for the rate study Good question. It is scheduled fro June 24th as originally planned. Thanks. Bala From: Patricia L. Morgan [mailto:patricia.morgan @collierclerk.com] Sent: Monday, June 16, 2008 3:46 PM To: sridhar_b Subject: RE: Schedules for the rate study Is this item still scheduled for the June 24th meeting or has it been continued to the July meeting? Please advise. Thank you. Trish From: sridhar_b [mailto :BalaSridhar @colliergov.net] Sent: Monday, June 16, 2008 2:07 PM To: Patricia L. Morgan Subject: Schedules for the rate study Trish: There were changes made to the schedules of the rate study Resolution (newspaper ad that was run last week). This is going to the board on 6/24th. As we discussed earlier, I am attaching the revised version of the schedules. Please substitute these for the ones you currently have. Please note that there is no change to the title of the Reso /ad. Bala M. Sridhar Public Utilities- Operations Phone: 239 - 252 -2539 Cell: 239 - 289 -2701 e -mail: balaSridhar @colliergov.net <<7 Schedule 7 Appendix A - AFPI.xls>> <<3 Schedule 1 page 1 of 2 appendix A User Rate.xls>> «3a Schedule 1 page 2 of 2 appendix A User Rate.xls>> <<4 Schedule 4 appendix A User Rate.xls>> <<5 Schedule 5 appendix A User Rate.xls>> <<6 Schedule 6 appendix A User Rate.xls>> 6/16/2008 Schedules for the rate study Patricia L. Morgan From: sridhar_b [BalaSridhar @colliergov.net] Sent: Monday, June 16, 2008 2:07 PM To: Patricia L. Morgan Subject: Schedules for the rate study t C Page 1 of 1 Attachments: 7 Schedule 7 Appendix A - AFPl.xls; 3 Schedule 1 page 1 of 2 appendix A User Rate.xls, 3a Schedule 1 page 2 of 2 appendix A User Rate.xls; 4 Schedule 4 appendix A User Rate.xls; 5 Schedule 5 appendix A User Rate.xls; 6 Schedule 6 appendix A User Rate.xls Trish There were changes made to the schedules of the rate study Resolution (newspaper ad that was run last week). This is going to the board on 6/24th. As we discussed earlier, I am attaching the revised version of the schedules. Please substitute these for the ones you currently have. Please note that there is no change to the title of the Reso /ad. Bala M. Sridhar Public Utilities- Operations Phone: 239-252-2539 Cell: 239 -269 -2701 e -mail: balasridhar @colliergov.net <<7 Schedule 7 Appendix A - AFPI.xls>> <<3 Schedule 1 page 1 of 2 appendix A User Rate.xls>> «3a Schedule 1 page 2 of 2 appendix A User Rate.xls>> <<4 Schedule 4 appendix A User Rate.xls>> <<5 Schedule 5 appendix A User Rate.xls>> <<6 Schedule 6 appendix A User Rate.xls>> 6/16/2008 8C aaaaPgsasaa a ^ ^':::::: APP >aaaaaP � X3:50: &aaaaa 633B�C. °�� s Sp b6 • Ye SN E} b § aas�a:,e ca.,a o..,�aas3 y ^z Q ^ - �i 29 ee':a «mapmx� '9 aq�ama & %� <a a +E a.8£008888Sn$ s 5�8888$E3opp 3 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING, AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE I. DISTRICT -WIDE WATER AND WASTEWATER RATES Page 1 f2 Proposed III 8C Effective Summary of Ex'sline and Proposed Water Rates October 1, 2007 October 1, 2008 October 1, 2009 $24.49 Existing $26.23 24.49 Proposed III 26.23 55.67 57.62 Effective 71.38 Effeeive 76.46 Effective 111.49 115.39 October 1, 2007 176.18 October 1, 2008 31596 October 1, 2009 338.46 1. WATER SERVICE AVAILABILITY CHARGES 54227 561.25 1,044.12 1,080.66 1,118.49 1,668.55 ( Residential, Multifamily, Commercial, cad Irrigation Only) 1,787.39 2,991 50 3,096.20 3,20157 4,433.89 4,589.08 Mid" $Eq $3.44 $3.56 33.69 5/8" $16.03 816.59 $17.17 3/4" 16.03 16.59 17.17 C. 15.38 36.6E 37.90 1 -1/4" 44 .79 46.36 47.98 1 -1/2" 67 .45 69.81 72.25 2" 105.88 109.59 113.42 y 195.72 202.57 209.66 4" 324.00 335.34 347.08 6•• 644.70 661.26 690.62 g•• 1,029.53 1,065.56 1,102.86 IU" 1,863.33 11928.55 1,996.05 12" 2,516.69 2,60477 2,695.94 VOLUME CHARGE PER 1,000 GALLONS (Residential Multifamily, Commercial and Irrigation Only) Block 1 82.20 $2.28 $2.36 Block 2 3.30 3.42 3.54 Block 3 4.40 4.55 4.71 Block 4 5.50 5.69 5.89 Block 5 6.59 6.82 7.06 Block 6 e]9 9.10 9.42 BLOCK RATE STRUCTURE (Residential, Multifamily, Commercial and Irrigation Only) Consumption Block - Up To Or Next Meter Sim Block Black Block Black Blocks Block 511. 5,000 10,000 20,000 30,000 50,000 Over 50,000 3MI, 51000 10,000 20,000 30. 000 50,000 Over 50,000 11• 12,000 25,000 50,OW 75,000 120,000 Over 120,000 1 -1 /4" 20,000 40,000 80,000 1201000 200,000 Over 200,000 1 -112" 25Aam 50,000 100,000 150,000 250,000 Over 250,000 2" 40,000 80,000 160,000 240,000 400,000 Over 400,000 3" 80,000 160,000 320,000 480,000 800,000 Over 800,000 4•• 120,000 250,000 500,000 800,000 1,200,0011 Over 1,200,000 6•• 250,000 500,000 1,000,0110 1,500,00 21500,000 Over 2.500,000 g•• 450,000 900,000 1,800,000 2,700,000 4.500,000 Over 4 500,000 Ip•• 700,000 11450,000 2,900,000 4,300,000 7,000,000 Over 7,000,000 12" 1,075,000 21150,000 4.300,000 6,450,000 11,000,000 Over 11,000.000 I I I Proposed rates to become effective with service rendered on end spier October let attack fiscal year indicated. 2. WASTEWATER SERVICE AVAILABILITY CHARGES IRc,ake ti.d. Multifamily, And Commrmi.ft der $¢e 5/8" 3/4" 2" 2" 3" 4" 6" 8" 111° 12" VOLUME CHARGE PER 1,000 GALLONS (Residential, Multifamily, and Commercial) All Usage 12) Summary or Existins and Proposed Wastewater Rates Evisling Proposed III Effective Effective Effective October 1, 2007 October 1, 2008 October 1, 2009 $24.49 $25.35 $26.23 24.49 25.35 26.23 55.67 57.62 59.64 71.38 73.88 76.46 107.72 111.49 115.39 170.22 176.18 182.34 31596 327.02 338.46 52393 54227 561.25 1,044.12 1,080.66 1,118.49 1,668.55 1,726.95 1,787.39 2,991 50 3,096.20 3,20157 4,433.89 4,589.08 4,749.69 $3.44 $3.56 33.69 III Proposed rates to become effective with service rendered on and after October his of each fiscal year indicated. 121 Monthly individually metered residential usage charges are capped at 15,000 gallons. • PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING, AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 1 - DISTRICT -WIDE WATER AND WASTEWATER RATES Page 2 of 2 3. Fire Systems (Dedicated and Compound): (a) Fire Meter (i) Fire Service meter size will refer to the largest diameter meter register installed for fire protection. (ii) Fire Service meter connections that have consumption in excess of 5,000 gallons in any one billing period are deemed to have provided domestic or other water usage and shall be billed according to regular water monthly availability and usage charges as described herein. (b) Volume charge (i) Per 1,000 gallons 4. Water Restriction Surcharge: Percent Reduction Goal Flow charge Rate Water Shortage Phase* In Overall Demand Adjustment Percentage Phase 2 - Severe 30% 15% Phase 3 - Extreme 45% 30% Phase 4 - Critical 60% 40% * Per the South Florida Water Management District (SFWMD) Water Shortage Plan Pursuant to Chapter 40E -21 of the Florida Administrative Code (FAC) The surcharge will be applicable to the volume charge for all single family, multi - family and non - residential accounts for all consumption greater than Block 2. The Block Structures are specified in Section One above. The surcharge is not assessed against the service availability charge. The water restriction surcharge will start on the first billing cycle of the month following the imposition of the restrictions. The surcharge will cease on the first billing cycle of the month following the revocation or lifting of the restrictions. • PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 4 - METER TAPPING CHARGES AND BACKFLOW DEVICE CHARGES Page 1 of 1 Meter Installation Charees tTapoine Fees) 1. Meter Installation Charges to be paid to the District shall be as follows: Meter size meter tapping charges Backilow Device Charges 2. Backilow Device Charges to be paid to the District shall be as follows: Meter Tapping Charges With Existing Meter Tapping Charges Without Meter Size Existing Service Line Installation Charge .75 inch Existing Service Line Installation Charge Meter Size Effective October 1, 2007 Effective October 1, 2008 Meter Size Effective October 1, 2007 Effective October 1, 2008 .75 inch $676.00 $779.00 .75 inch $248.00 $257.00 1 inch $738.00 5827.00 1 inch $282.00 $270.00 1.5 inch $1,012.00 $940.00 1.5 inch $493.00 $347.00 2 inch $1,140.00 $1,213.00 2 inch $618.00 $410.00 Backilow Device Charges 2. Backilow Device Charges to be paid to the District shall be as follows: Reduced Pressure Backilow Existing Prevention Assembly Charge Meter Size Effective October 1, 2007 Effective October 1, 2008 .75 inch $214.00 $247.00 1 inch $237.00 $270.00 1.5 inch $345.00 $375.00 2 inch $412.00 $433.00 8C PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 5 - EQUIPMENT, LABOR AND ADMINISTRATION CHARGES Page I of 1 DESCRIPTION Effective October. 1, 2007 Effective October 1, 2008 (1) Equipment (Per Hour Rates): Rehab & electrician's Truck $75.00 $77.00 Crew Truck $50.00 $51.00 Vactor Truck $200.00 $207.00 Camera Truck $150.00 $155.00 Boom Truck $100.00 $103.00 20 Yard Dump Truck $70.00 $72.00 10 Yard Dump Truck $40.00 $41.00 Pumper Truck $200.00 $207.00 Track Hoe (Big or Small) $50.00 $51.00 Back Hoe $65.00 $67.00 Olympian Generators $60.00 $62.00 Dewatering System $40.00 $41.00 4" Trash Pump $10.00 $10.00 Mud Hog $15.00 $15.00 Trailer $45.00 $46.00 Signs, Barricades and/or Traffic Board $100.00 $103.00 Road Saw and /or compactor $15.00 $15.00 Miscellaneous Small Equipment $5.00 $5.00 (2) Labor (Per Hour Rates): Tech 1 & 2 $30.00 $31.00 Supervisors $40.00 $41.00 (3) Administration (Per incident) 15% or $300; whichever is 16% or $300; whichever is smaller smaller (4) Parts and Sub- contractors Actual cost Actual cost PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 6 - MISCELLANEOUS CHARGES Page 1 of 1 DESCRIPTION Effective October 1, 2007 Effective October 1, 2008 New Accounts - change of Ownership $25.00 $28.00 Turn Off -Turn On at Owner's Request $38.00 $50.00 Meter Re -Read (if different - charge is $0) $38.00 $50.00 Meter Test: Onsite'rest (more than 3% error - charge is $0) $80.00 $140.00 Offsite Bench 'rest (more than 3% error - charge is $0) $215.00 $250.00 Meter Lock $55.00 $55.00 Meter Unlock, 2nd and Subsequent Events $55.00 $55.00 Unlock after hours $100.00 $100.00 Meter Removal $180.00 $180.00 Illegal connection Actual time and material cost, plus Actual time and material cost, average consumption, plus a plus average consumption, plus a $300.00 fine $300.00 fine Convenience Fee - Credit Card $5.00 $5.00 Temporary Meter Deposit $1,000.00 $1,000.00 Duplicate Bill Processing Fee $2.00 $2.00 Non - Sufficient Funds (NSF) Processing Charge 15% of the amount or $100, 15% of the amount or $100, whichever is smaller whichever is smaller Late Payment Charge $55.00 $60.00 Removal of Landscaping to Access Meter $75.00 $80.00 Septage Processing Charge /1,000 gallons $31.00 $35.00 Grease Trap Waste Charge /1,000 gallons $42.00 $45.00 NAPLES DAILY NEWS Published Lails. Naples. FL 31102 Affidavit of Publication State of Florida County of Collier Before the undersigned thcc serve as the aulhoriq. personally appeared B. Lamb. wJic on oath saNs that thec scree as the Assistant Corporate Secretary of the Naples Dailc. a JAN newspaper published at Naples, in Collier Count), Florida, distributed in Collier and Lee counties of Florida, that the attached cope of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I nine in the issue On June 13 "i, 2008 \ft ienl turthc7 sa,s that the said n' up] cs Dail} News is a newspaper Puhlishrd at 'Naples. m collier counts. Florida and that the said neospaper has heretofore been continuously published in said Collier Counh'. Florida. distributed iu Collier and Lee wuntics of I onda, cads das and has been entered as second class mail matter at the post office in Naples, in said Collier Ccunty, Florida, for a period of 1 sear next preceding the first puhfication of attached copy of adscrnsemcnt, and alTant further sass drat he has neilhar paid nor proniscd any person, Jinn or corporation am discount, rebale, commission or rcfand Ibr the pumose of seen this ads erti>enrenl for publication in Ox said n"e�ws�'pa /per ( 'It gnatur�ofaffiant) Sworn to and subscribed before me This 13d`. Day Of June 2008 (Sign lure of oft tF _ public)w� "...... JUDY JANt`i Comml� of V Eaprc s t Idy , , FEI S9- 2 ?78391 p Bonnee m.,. rwr h^n,u.�nse.r •.. E 8C GO f COUNTY'. CO T UNTY.' T, fill fiFNNtN,O, CNr41A o 18NT `E. BROCK, CLERK 4duM, Dep- Na1712 M ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8 C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. the completed routing slip and original documents are to be tot warded 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 somature. draw a line through routine lines #1 through #4, conaaete the checklist, and forward to Sue Filson (line 05). Route to Addressee(s) (List in routing order) Office Initials Date 1. Attorney (Initial) Applicable) 2. June 24, 2008 Agenda Item Number 8 C 3. Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 4. Jennifer A. Belpedio, Assistant County Attorney County Attorney Number of Original I 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office 7. Jennifer A. Belpedio, 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 Jennifer A. Belpedio, Assistant County Phone Number X5709 Contact Attorney (Initial) Applicable) Agenda Date Item was June 24, 2008 Agenda Item Number 8 C Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document Water and Sewer District, Res lotio+�n and User Rate Number of Original I Attached Schedule . U V 9 Documents Attached """^a ( 4%4 e S INSTRUC'T'IONS & CHECKLIST r`i Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not (Initial) Applicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the JAB Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and 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 JAB 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 JAB initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be JAB 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 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 June 24, 2008 and all changes made during the JAB meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 7. _ Please mesird nd e-mail Jennifer A. Belpedio, ACA a copy of Resolution on lieu of hardcopy at JAB JenniferBe edi Collier ov.net r`i 8C MEMORANDUM Date: July 1, 2008 To: Bala Sridhar Sr. Mgt. & Budget Analyst Public Utilities From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -203: Amending Schedule 1 and Schedules 4 -7 of Appendix A to Section 4 of Collier County Ordinance No. 2006 -27; this amendment includes proposed rates for water and wastewater services with effective dates of October 1, 2008 and October 1, 2009 for Schedule 1 of Appendix A of the Ordinance and an effective date of October 1, 2008 for Schedules 4 -7 of Appendix A of Ordinance 2006-27 Enclosed please find one (1) copy of the document, as referenced above, (Agenda Item #8C), adopted by the Board of County Commissioners on Tuesday, June 24, 2008. If you should have any questions, please contact me at 252 -8406. Thank you. Enclosure • RESOLUTION NO. 2008 - 203 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULES ONE AND FOUR THROUGH SEVEN OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2006 -27, TITLED THE COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE; THIS AMENDMENT INCLUDES PROPOSED RATES FOR WATER AND WASTEWATER SERVICES WITH EFFECTIVE DATES OF OCTOBER 1, 2008 AND OCTOBER 1, 2009 FOR SCHEDULE 1 OF APPENDIX A OF THE ORDINANCE; AND PROVIDES FOR AN EFFECTIVE DATE OF OCTOBER 1, 2008 FOR SCHEDULES FOUR THROUGH SEVEN OF APPENDIX A OF THE ORDINANCE. WHEREAS, on December 11, 2001 the Board of County Commissioners adopted an Ordinance No. 2001 -73, entitled the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, and increased the water -sewer user rates and directed staff to update the user rates after one year; and WHEREAS, on June 6, 2006 the Board of County Commissioners adopted an Ordinance No. 2006 -27, entitled the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, and increased the water -sewer user rates and directed staff to update the user rates after one year; and WHEREAS, Collier County uses water and sewer user rates to recover system operation, maintenance, renewal enhancement, replacement and debt service costs from residential and non - residential property owner system users within the boundaries of the Collier County Water - Sewer District; and WHEREAS, Collier County has retained Public Resources Management Group, Inc. (the Consultant) to review the existing water and sewer user rates and to recommend appropriate changes to those rates; the Consultant has recommended rate increases to fund improvements to reliability of water and sewer systems, payment of debt service, and escalating cost of fuel, chemicals and electricity over the next five (5) years; and WHEREAS, the Consultant has recommended increasing the water and sewer user rates applicable to single family residential, multi - family residential, and commercial customers as specified in the attached amending Schedule One to Appendix A; and WHEREAS, the Consultant has recommended price indexing rate adjustment in the mid - cycle years when there is no rate study by applying one - hundred - percent (100 %) of the percentage change in the Miami -Fort Lauderdale Consumer Price Index (CPI) all urban consumers as reported by the Bureau of Labor Statistics as of April each year or 2.7% whichever is greater, to the monthly service availability charges and consumption / volumetric charges; and WHEREAS, staff has thoroughly reviewed the Consultant's findings and recommendations and concurs with the recommended increase for water and sewer user rates. WHEREAS, the Board finds that it is in the health, safety and welfare to accept the recommendations of the Consultant and from staff. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners, after advertised public hearing: 1. Accepts the Consultant's and staff's recommendation and proclaims that the water and sewer user rates as set forth in the amended Schedule One to Appendix A of Ordinance No. 2006 -27, as amended, titled the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, which amended Schedule is incorporated herein. These revised water and sewer user rate schedules will take effect at 12:01 A.M. on Wednesday, October 1, 2008 for Fiscal Year 2009, and at 12:01 A.M. on Friday, October 1, 2009 for Fiscal Year 2010; and revised rates for Schedules Four through Seven will be take effect at 12.01 A.M on Wednesday, October 1, 2008 for fiscal year 2009; and 2. Proclaims that the price indexing rate adjustment in the mid -cycle years when there is no rate study by applying one - hundred - percent (100 %) of the percentage change in the Miami -Fort Lauderdale Consumer Price Index (CPI) all urban consumers as reported by the Bureau of Labor Statistics as of April each year or 2.7% whichever is greater, to the monthly service availability charges and consumption / volumetric charges. This indexing rate adjustment will go into effect on October 1, of each mid -cycle year when there is no rate study. This Resolution is adopted after motion; second and majority vote favoring adoption this tday �,.�_D 2008. ATTEST: DWIGHT E.,PRpCK, CLERK p lerk Ap�� and legal Sufficiency: CX i rA.SZ _.a Jennifer A. Belpedi Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Qem It Oa�e ,D Rac'd • • PUBLIC UT 11 III ES DIVISION COLLIER COUNTY V, A'I'ER-5ENkER DIS'I'RIC I' IN I FORM 81 1.1. INC. OPERATING, AND REGULATORY S'IAN DARDS ORDINANCE APPENDIN A - FEES, R,1'rES AND ('HARGES SC'HEDCLE I - DISrRICI'-N913f: 1YA1'ER AND N:ASTENATER RATES Pas e I of 2 Pr.,owd III ElfecOve Effective Sommary of Exlstlne and Proposed 1Yater Rates October 1, 2008 October 1, 2009 $24 ,49 EsMer, $2623 249,9 Proposed III 2423 55.67 57.2 EReeNe 7138 Fffearve 76 ,46 Effective 1HAo 11539 October 1, 2007 176.18 October 1, Tone 315.96 October 1, 2009 33846 1. WATERSERVICE AVAILABILITY CHARGES fcD27 561.25 I'll 12 11080.66 LI 1849 1166855 (Residential, Multifamily. Commercial, and Irrigation Onk) 1,787.39 2,99150 3,096.20 3,20457 4,43189 458908 Meter Size $3.44 $3.56 $1.69 518" $1603 $1659 $I).1) 3 /4" 1603 16.50 1717 I., 3118 36.62 37SO 1 -1N" 4179 4636 4298 1 -12" OAS 6981 7225 2" 105.88 109.59 11392 3" 195,72 20251 209.66 4" 324.00 335,34 347.08 6" 6X]11 A726 690.62 8" 4029.6 4055.56 1,102.86 I P' 1,86333 11928 55 1,996.05 12" 2,51669 2,604]7 2,695.94 VOLT ME CHARGE PER 1,000 GALLONS (Residential, Multifamily, Commercial and Irrigation Or%) Black 1 $2,20 $228 $236 Block 2 330 3.42 3.54 Block 3 140 155 491 Block 4 5.50 5.69 5,89 BLnR 5 659 682 7,06 Block 6 P 79 9.10 99,2 it[ 0( RATE STRUCTURE (Residential, Mu111famil3', CommerciA and Irrigation OWN) Consumplmn Block - Up I. Or N-1 hinter Sic Much Block Fork -1 Hluck4 Blocks Blo_ck6 518" 5,UW 10.00. 20,001 309,00 50.000 over 540W 3/4" 5,010 10,000 20,011) 34010 AkOW Over 50.000 1" 12,000 25,000 50,0110 75,000 120,000 Over 120,000 1 -114' 24000 4bOW 80,000 120000 20,WO Over 200,100 1 -12" 25,O01) 54000 100,000 80.00 250000 Over 250,000 2" 401000 BROW 1601000 240,000 40,W0 Over 400,b)0 t" 8401X1 1,411000 320,000 481.1011 8KOW Over 800,000 4" IID,1O0 250,000 500,000 BW.WO 1,200,000 Over 1,200,000 6" 254000 SW,WO 1,000,000 1500000 2,500,000 Over 2,500,000 B" 450,100 9W,W0 1,800,000 2.700,000 4$00,1100 Over 4,500,010 10" 700.LO0 L,S4000 2,900.000 4,300,000 7,000,00" Over 7,000,000 12" 1,075,000 2,154000 4500,000 6,450,000 1LIIW,mlll Over I1.01H.OW I I I Proposed rates In become elleclive with service rendered on and after (kumer Ito of each Coca] year Indicated. 2.'A ASTEN ATER SERVICE AY: Al LAW LI TY CHARGES (Residential, M1dtIIamily, and Commercial) Meter Size 5/8" 14" 1 -114 I -t2 E'• 3.. 4" 6" 8" 1n" 12" VOLUME CHARGE PER I,WOGALLONS (Residential, Nfulufamlly, and Commercial) NI Usage 121 Sumnmry of Eckllne and Proposed N'aaten'ater Rates Existing Pr.,owd III ElfecOve Effective Effective October 1, 2007 October 1, 2008 October 1, 2009 $24 ,49 $2535 $2623 249,9 2535 2423 55.67 57.2 59,64 7138 73.88 76 ,46 107.72 1HAo 11539 170.22 176.18 18234 315.96 32702 33846 52393 fcD27 561.25 I'll 12 11080.66 LI 1849 1166855 472695 1,787.39 2,99150 3,096.20 3,20457 4,43189 458908 4,74969 $3.44 $3.56 $1.69 III Proposed rates to become effective with service centered nn and after October Isl of each Fiscal %ear indicated. 121 Alnmhl3 incloodualiv metered residential usage charges are capped at 15,000 gallnns. M• PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING, AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 1 - DISTRICT -WIDE WATER AND WASTEWATER RATES Pau 2 of 2 3. Fire Systems (Dedicated and Compound): (a) Fire Meter (i) Fire Service meter size will refer to the largest diameter meter register installed for fire protection. (ii) Fire Service meter connections that have consumption in excess of 5,000 gallons in any one billing period are deemed to have provided domestic or other water usage and shall be billed according to regular water monthly availability and usage charges as described herein. (b) Volume charge (i) Per 1,000 gallons 4. Water Restriction Surcharge: Percent Reduction Goal Flow charge Rate Water Shortage Phase* in Overall Demand Adjustment Percentage Phase 2 - Severe 30% 15 %. Phase 3 - Extreme 4517. 30% Phase 4 - Critical 60% 401% * Per the South Florida Water Management District (SFW MD) Water Shortage Plan Pursuant to Chapter 40E -21 of the Florida Administrative Code (FAC) The surcharge will be applicable to the volume charge for all single family, multi - family and non - residential accounts for all consumption greater than Block 2. The Block Structures are specified in Section One above. The surcharge is not assessed against the service availability charge. The water restriction surcharge will start on the first billing cycle of the month following the imposition of the restrictions. The surcharge will cease on the first billing cycle of the month following the revocation or lifting of the restrictions. i PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 4 - METER TAPPING CHARGES AND BACKFLOW DEVICE CHARGES Page 1 of 1 Meter Installation Charges (Tapping Fees) 1. Meter Installation Charges to be paid to the District shall be as follows: Meter size meter tapping charges Backllow Device Charges 2. Backllow Device Charges to be paid to the District shall be as follows: Meter Tapping Charges With Existing Meter Tapping Charges Without Meter Size Existing Service Line Installation Charge .75 inch Existing Service Line Installation Charge Meter Size Effective October 1, 2007 Effective October 1, 2008 Meter Size Effective October I, 2007 Effective October 1, 2008 .75 inch $676.00 $779.00 .75 inch $248.00 $257.00 1 inch $738.00 $827.00 1 inch $282.00 $270.00 1.5 inch $1,012.00 $940.00 1.5 inch $493.00 $347.00 2 inch $1,140.00 $1,213.00 2inch $618.00 $410.00 Backllow Device Charges 2. Backllow Device Charges to be paid to the District shall be as follows: Reduced Pressure BackBow Existing Prevention Assembly Charge Meter Size Effective October 1, 2007 Effective October 1, 2008 .75 inch $214.00 $247.00 1 inch $237.00 $270.00 1.5 inch $345.00 $375.00 2 inch $412.00 $433.00 �ME PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A- FEES, RATES AND CHARGES SCHEDULE 5 - EQUIPMENT, LABOR AND ADMINISTRATION CHARGES Page 1 of 1 DESCRIPTION Effective October. 1, 2007 Effective October 1, 2008 (1) Equipment (Per Hour Rates): Rehab & electrician's Truck $75.00 $77.00 Crew Truck $50.00 $51.00 Vactor Truck $200.00 $207.00 Camera Truck $150.00 $155.00 Boom Truck $100.00 $103.00 20 Yard Dump Truck $70.00 $72.00 10 Yard Dump Truck $40.00 $41.00 Pumper Truck $200.00 $207.00 Track Hoe (Big or Small) $50.00 $51.00 Back Hoe $65.00 $67.00 Olympian Generators $60.00 $62.00 Dewatering System $40.00 $41.00 4" Trash Pump $10.00 $10.00 Mud Hog $15.00 $15.00 Trailer $45.00 $46.00 Signs, Barricades and /or Traffic Board $100.00 $103.00 Road Saw and /or compactor $15.00 $15.00 Miscellaneous Small Equipment $5.00 $5.00 (2) Labor (Per Hour Rates): Tech 1 & 2 $30.00 $31.00 Supervisors $40.00 $41.00 (3) Administration (Per incident) 15% or $300; whichever is 15% or $300; whichever is smaller smaller (4) Parts and Subcontractors Actual cost Actual cost PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 6 - MISCELLANEOUS CHARGES Page 1 of 1 DESCRIPTION New Accounts - change of Ownership Turn Off -Turn On at Owner's Request Meter Re -Read (if different - charge is $0) Meter Test: Onsite Test (more than 3 % error - charge is $0) Offsite Bench Test (more than 3 % error - charge is $0) Meter Lock Meter Unlock, 2nd and Subsequent Events Unlock after hours Meter Removal Illegal connection Convenience Fez - Credit Card Temporary Meter Deposit Duplicate Bill Processing Fee Non- Sufficient Funds (NSF) Processing Charge Late Payment Charge Removal of Landscaping to Access Meter Septage Processing Charge /1,000 gallons Grease Trap Waste Charge /1,000 gallons Effective October 1, 2007 $25.00 $38.00 $38.00 $80.00 $215.00 $55.00 $55.00 $100.00 $180.00 Actual time and material cost, plus average consumption, plus a $300.00 line $5.00 $1,000.00 $2.00 15% of the amount or $100, whichever is smaller $55.00 $75.00 $31.00 $42.00 L1l7 Effective October 1, 2008 $28.00 $50.00 $50.00 $140.00 $250.00 $55.00 $55.00 $100.00 $180.00 Actual time and material cost, plus average consumption, plus a $300.00 fine $5.00 $1,000.00 $2.00 15% of the amount or $100, whichever is smaller $60.00 $80.00 $35.00 $45.00 �m• -J 44 111 "1 44 111 "1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach m original document Original documents should be hand delivered to the Board Otlice. The completed routing slip and original documents are to be forwarded to the Board Oflice only after the Board has taken action on the nem ) 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 # t throe #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) (List in routing order Office Initials Date 1. June 24, 2008 Agenda Item Number 9A 2. Original document has been signed /initialed for legal sufficiency. (All documents to be 3. Resolution /j' Number of Original I 4. - 1 Documents 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 A the addressees. above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signalum are to be delivered to the BCC otfce only after the BCC has acted to approve the item ) Name of Primary Staff Contact Kay Nell, CLA Collier County Attorney's Office Phone Number Extension 8400 Agenda Date Item was June 24, 2008 Agenda Item Number 9A Approved by the BCC Original document has been signed /initialed for legal sufficiency. (All documents to be Type of Document Resolution /j' Number of Original I Attached - 1 Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.114, 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 [-trial negotiated contract date whichever is appliuib le. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's i 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. 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 V County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.114, Revised 1.26.05_ Revised 2 24 05 RESOLUTION NO. 2008 -197 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT KITCHELL T. SNOW TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY WHEREAS, Collier County Ordinance No. 95 -22, as amended, established Immokalee Enterprise Zone Development Agency pursuant to Section 290.001, et seq., Florida Statutes, and provides that the Agency shall consist of not fewer than eight (8) or more than thirteen (13) members; and WHEREAS, there is currently a vacancy on this board for the Code Enforcement category; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Kitchell T. Snow, representing the Code Enforcement category, is hereby appointed to the Immokalee Enterprise Zone Development Agency to fulfill the remainder of the vacant term, said term to expire on April 4, 2011. This Resolution adopted after motion, second and majority vote. DATED: June 24, 2008 ATTEST: DWIGHT E. WC,K, Clerk r By: AttesC`' Clerk CP:08- BCC -00449 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairman ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP " 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. 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 # l 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 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date I. Collier County Attorney's Office (Initial) Applicable) 2. June 24, 2008 Agenda Item Number 9B 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution (� 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 1 Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier County Attorney's Office (Initial) Applicable) Agenda Date Item was June 24, 2008 Agenda Item Number 9B Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution (� Number of Original 1 Attached Documents Attached 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 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 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 rooting 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 `IIVh` 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 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 "9B a June 3, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: NOTICE TO PUBLIC FOR CITIZEN APPLICANTS TO THE 2008 COLLIER COUNTY VALUE ADJUSTMENT BOARD Dear Legals: Please advertise the above referenced notice on Friday, June 6, 2008, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk Clerk to the Value Adjustment Board P.O. # (forthcoming) 90 t;:, June 3, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: NOTICE TO PUBLIC FOR CITIZEN APPLICANTS TO THE 2008 COLLIER COUNTY VALUE ADJUSTMENT BOARD Dear Legals: Please advertise the above referenced notice on Friday, June 6, 2008, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk Clerk to the Value Adjustment Board P.O. #4500094685 90 , NOTICE TO THE PUBLIC FOR CITIZEN MEMBER APPOINTMENT TO VAB The Collier County Board of Commissioners and the Collier County School Board is currently seeking applications for one citizen member and one alternate citizen member to serve on the 2008 VALUE ADJUSTMENT BOARD. The Value Adjustment Board considers recommendations of the Special Magistrates on tax petitions regarding exemptions, classifications, assessed values, and untimely petitions for the current tax year. Value Adjustment Board meetings are held in accordance with the Rules of Procedure to be adopted by the Value Adjustment Board, administrative rules promulgated by the Florida Department of Revenue, and applicable Florida Statutes. The citizen members must own homestead property within Collier County and may not be a member of or employee of a taxing authority and may not represent other property owners in any administrative or judicial review of property taxes. The citizen members should also be available to attend important VAB meetings at the Government Center on July 21, 2008, October 10 -15, and at the VAB's final meeting in late December or January. Although experience in property appraisal is not a requirement, some knowledge of property valuation or the Collier County real estate market may be helpful. Residents interested in applying for the Value Adjustment Board position can obtain an application by calling 252 -8097. Please forward to the attention of Mrs. Sue Filson, Executive Manager, Board of County Commissioners, 3301 Tamiami Trail East, Naples, Florida 34112, FAX to 252 -6406, or email to suefilson @colliergov.net. The deadline for acceptance of resumes is JUNE 10, 2008. 08.0031/21 Ann P. Jennejohn 98 1 From: postmaster @collierclerk.com Sent: Tuesday, June 03, 2008 2:59 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT227042.txt, Citizen Member Appointment to VAB LI ATT227042.b(t Citizen Member (229 B) Appointment to ••• 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. Iegals@naplesnews.com Citizen Member Appointment to VAB Page 1 of 1 Ann P. Jennejohn 98 From: Perrell, Pam [PPerrell @Naplesnews.com] Sent: Wednesday, June 04, 2008 11:19 AM To: Ann P. Jennejohn Subject: RE: Citizen Member Appointment to VAB OK From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Posted At: Tuesday, June 03, 2008 2:58 PM Posted To: Legals - NDN Conversation: Citizen Member Appointment to VAB Subject: Citizen Member Appointment to VAB Please advertise the attached on Friday, June 6, 2008. <<ndn- notice for citizen applicants.doc>> <<Notice for Citizen Applicants - VAB08.DOC>> Thank you, Ann Jennejohn Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann.jenne john @col I ierclerk.com) 6/4/2008 Ann P. Jennejohn 9B From: Ann P. Jennejohn Sent: Thursday, June 05, 2008 2:19 PM To: legals @naplesnews.com Cc: 'Perrell, Pam' Subject: VAB Citizen Applicant Notice PO Number Attachments: ndn- notice for citizen applicants.doc I've attached a new memo with a PO # for billing purposes. We have already received our o.k. for the ad, which will to run tomorrow. I apologize for the delay, I0-i ndn- notice for citizen applica... Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 ( ann.jennejohnecollierclerk.com) • , NOfi ETO THE PUBLIC FOR CITIZEN R APPOINTMENT TO VAS The COMW County Bo d of Commissloners and the Coder Gong S Be" IS currently seeking catlonf or one citizen member and one War. cNlzen member to serve on the 7008 VALUE AJSTMENT BOARD. The Value Adjustment Board considers recommem canons of the Special Magistrat�es on tax peddons rWrdinp exemptions, casslflcatlons, assesWW eavyear. laude AC I SttRllyontt Board tmmettnooetetngs ere haM In E, e � the Value Ad b99'the rFbd�ac meet of Revenue, and applicabl0Florida Statutes. butResidents Interested In erspl Do f 7 Peenaomt�lbn call 8. esforwaftltneate Manager. 0" of �� F oNtlma 34112. FAX 3Lto o252,66406,1 or e1mail Fo suefllsorZolllergpv.rwt.. The deadline for accept. ante resumes IS JUNE 10, 2006. No. MANOR RESOLUTION NO. 2008 -198 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT ONE REGULAR MEMBER AND ONE ALTERNATE TO THE VALUE ADJUSTMENT BOARD WHEREAS, Section 4 of Chapter 2008 -197, Laws of Florida (also known as House Bill No. 909), signed into law by the Governor on June 17, 2008, provides that the local governing body of a county shall appoint one citizen member to the Value Adjustment Board; and WHEREAS, on May 27, 2008, the Board of County Commissioners directed staff to advertise for one regular citizen member and one alternate citizen member to serve on the Value Adjustment Board; and WHEREAS, the Board of County Commissioners provided public notice soliciting applications from interested parties; and WHEREAS, the Board of County Commissioners finds that the following citizens meet the statutory requirements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Gail J. Meincke is hereby appointed as a Citizen member to the Value Adjustment 0.. 2. James E. Moon is hereby appointed as an Alternate member to the Value Adjustment Board. This Resolution adopted after motion, second and majority vote. DATED: June 24, 2008 ATTEST: DWIGHT E. UROtKi _Clerk By:� Atttst as , L ,, Cslerk tlgnatwo on I I Approved as to foetif and legal sufficiency: y� effrey A. Klatzkow County Attorney CP:08- BCC -00450 BOARD OF COUNTY COMMISSIONERS COLLIER C NTY, F RIDA By: TOM HENNING, Chairman • A a ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only 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 sienature_ draw a line throueh routine lines # t 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) Applica ble) 2. June 24, 2008 Agenda Item Number 10 B 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Jennifer B. White County Attorney Number of Original I 5. Ian Mitchell, Supervisor - BCC Operations 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 13CC 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 Jennifer B. White Phone Number 239 - 252 -8400 Contact appropriate. (Initial) Applica ble) Agenda Date Item was June 24, 2008 Agenda Item Number 10 B Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Sovereignty Submerged Lands Easement Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST Per County Attorney the Sovereignty Submerged Lands Easement is consistent with the Board's direction for Item 10 B, June 24, 2008. Please contact Jennifer B. White when original document is ready for pick up. I: Forms/ County Forms / BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26 05, Revised 2.24 OS 04- COA- 01023/274 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 JBW 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 patties 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 JBW 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 JBW document or the final negotiated contract date whichever is up2licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JBW signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JBW- should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. more Some documents are time sensitive and require forwarding to Tallahassee within a certain than 24 time frame or the BCC's actions are nullified. Be aware of your deadlines! hours 6. The document was approved by the BCC on June 24, 2008 and all changes made JBW during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. Mff Per County Attorney the Sovereignty Submerged Lands Easement is consistent with the Board's direction for Item 10 B, June 24, 2008. Please contact Jennifer B. White when original document is ready for pick up. I: Forms/ County Forms / BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26 05, Revised 2.24 OS 04- COA- 01023/274 10B IM Kyj 111► U] NEW RN 05 Date: May 10, 2010 To: Jennifer Belpedio -White Assistant County Attorney From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Sovereignty Submerged Lands Easement Modification to Increase Square Footage and Reflect Change in Ownership Enclosed please find the original of the document referenced above (Agenda Item 910B) adopted by the Board of County Commissioners on Tuesday, June 24, 2008. Forward the fully executed original to the Minutes & Records Department to be kept as the Board's Official Records. If you should have any questions, please contact me at 252 -7240. Thank you. Martha Vergara Enclosures �Wll OFFICE OF THE COUNTY ATTORNEY MEMORANDUM TO: Trish Morgan, Manager, Minutes and Records FROM: Jennifer B. White, Assistant County Attorney �Pj1J DATE: May 10, 2010 RE: Sovereignty Submerged Lands Easement Modification to Increase Square Footage and Reflect Change in Ownership Approved by BCC on June 24, 2008 - Agenda Item 10 -B Attached is the original Sovereignty Submerged Lands Easement Modification executed by the BCC Chairman and notarized as required by the document. Since additional signatures are necessary, our Office will require the return of the original document after attesting. Please contact my assistant Dinny Neet (Virainianeet @colliergov.net) when this is ready for pick up. She can be reached at 252 -8066 if there are any questions. Thank you for your assistance. May 4, 2010 City of Marco Island, Florida Attn: James C. Riviere, Ph.D City Hall 50 Bald Eagle Drive Marco Island, Florida 34145 Florida Department of Environmental Protection Magory Stoneman Douglas Building 3900 Cotmnonwealth Boulevard Tallahassee, Flonda 32399 -3000 RE: BOT File No.: 110339105 Lessee: City of Marco Island, Florida and Collier County, Florida Dear Dr. Riviere: 10 Chai he Grist Goetnor I Jeff Konkamp U Governor Sluhael W. Sole Secretary Enclosed is an Easement Instrument, which requires acceptance by your notarized signature as Interim City Manager of the City of Marco Island, Florida (two witnesses required). Pursuant to Chapter Florida Statutes, the names of the person executing the instrument, the two witnesses, an 695, d the notary public must be legibly printed or typewritten directly below that person's signature. I Please complete and return the enclosed Billing Information Form that provides us with updated billing information, sales tax information, and other data required pursuant to Section 212.031, Florida Statutes, Please execute and return the enclosed instrument and any additional information requested within 30 days after receipt of this letter. Upon receipt and acceptance, we will transmit the lease instrument for final departmental execution. A fully executed instrument will be provided to you for rec county records where the facility is located. ording in the Your cooperation and assistance are appreciated. If you have any questions regarding this contact me at the letterhead address above (Mail Station No. 125), at (850) 245 2720 or, by email Celeda.Wallace@dep state fl us. Sincerely, Celeda Wallace Government Operations Consultant I Department of Environmental Protection Bureau of Public Land Administration Division of State Lands — _ JOB I BILLING INFORMATION FORM PAYMENTS FOR LEASE NO._ /x/05 Billing Contact Person: Gary McAlpin Facility Address: Coastal Zone Management= W. Harmon Turner Bldg. Mailing Address: 3301 East Tamiami Trail, Ste. 103 City: Naples State: FL Zip Code: 3 4112 Telephone Number: (2839 ) 252 -2966 fax Number: LG5S�1 252 -2950 Area Code E -Mail Address: GaryMcAlpin@colliergov.net SALES TAXrFUTlrrrremlON FMDTTnA Six percent (6 %) sales tax is due on each loose fee payment unless the Lessee can claim an owne I/We are exempt from sales tax for the reason checked below. rship exemption. [ X I GovertunentAgency: 85- 80126218300 -2 (Exemption Number) i [ l Exempt Organization: (Exemption Number) [ ) Lease and collect sales tax on p I available dock spaces. (Sales Tax Number) [ I Lease and collect sales tax on some available dock spaces but fully assume the responsibility to relit six Percent sales tax on that portion of space on which no sales tax is charged. (Sales Tax Number) ( I None of the above can be claimed. A copy of the Florida Annual Resale Certificate For Saks Tax or the Certificate of Exemption st mu accompany this form to claim this exemption pursuant to Section 212.07l11l14i v e I If Lessee is a Business/Corporation, Federal Employer Identification Number: e certify that the above information is correct and agree to NOTIFY THE BUREAU OF PUBLIC LAND ADMINISTRATION'S ACCOUNTING SECTION AT (830) 245 -2720 within 30 days of the date of any change in the above designated billing agent, phone number, fax number or Lessee's tax status. Signed: � ��n, �l 5 II0 see/Authorized Entit -+ Date -ii 14 -r t,��n'•' �•.,� `,': 1 t _ 'a� ? i`f- .� s. �,_l ingfomt is - n e • -.�i l�.' J �.. try: �,., {�J 1.,f 1 K.W.'4 � i �.. .. 18 �1.9i)D(I ), Efteenve IO•IS -98 [Technical Change 5.21 -03. Rev. 7- ?6 -07, 5 7 -09j � � i I 101V Im This Insbument Prepared By Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Sutton No. 125 Tallahusn, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA I SOVEREIGNTY SUBMERGED LANDS EASEMENT MODIFICATION TO INCREASE SQUARE FOOTAGE AND REFLECT CHANGE IN OWNERSHIP NO. 99548 BOT FILE NO. 110337 105 PA NO. 0222764.006•EM i THIS EASEMENT is hereby Wanted by the Board of Tmstees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETHr That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to City OrMaNg 1 =land Floras and II' [' m hereinafter rcfemd to u the Grantee, a nonexclusive easement on, under and across the sovereignty lands, if any, contained in the following legal descripfion: A parcel of sovereignty submerged Ind in Sections 05. 0& and 07, Township 52 South, Range 26 E03 in Gulf e_ f Mai co, 0909 County, as is more particularly described and shown on Attachment A, dated January 7 211 TO HAVE THE USE OF the heminabove described premises fam February 17 2010, the effective dal ofthu modified ease em, through Janu N 7 20 < the expiration date of this modified easement. The terms and conditions on and for which this cuemem is granted are as follows: I. USE OF PROPERTY: The above described parcel of land Mail be Dud solely for I6 T•aroim and a terminal fern• and Grantee shall not engage in any activity except u described in the State of Florida Department of Environmental Protection, Consolidated Joint Count Permit No. 02227_ 64-001 -Jr. dated January 7, 7005 and Consolidated Joint Coastal Permit Modification No. 02227_ 64- 006 -EM, dated February I7 2010 incorporated herein and made a pan of this easement by reference. All of the foregoing subJect to the remaining conditions of this easement. 2. EAe M NT ONemco r In the event the Grantor amends its ruin related to fees and the amended ruin provide the Grantee will be charged a fee or an'. ncreased fee for this activity, the Grantee agree to pry All charges required by such upended rules within 90 days of the date the amended ruin become effective or by a date provided ll an charges required from the Department, whichever is later. All fen charged under this provision shall be prospective in nature; i.e. they shall begin to accrue on the date that the emended ruin become effective 3. WARRANTY OFTITLE/Onsoeurrpp gar a ,r OF to the lands dear bed herein nor guarmten tie suitabtllty of any ofthe lands for n 'Grantor neither warrants title y particular me. 4. RIGHTS GRANTED: The rights hereby granted shall be subject to ray and all prior rights of the United States and my and all prior grants by the Grantor in and to the submerged lands situated within the limits of this euemens Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. V 6 QBANTOR'S RIGHT TO CRANT CnMPA "flat u nomexciustve, and th Grantor, or ih duly authorzed agent, shall resin the tight [o entervthe ro ROP RTY This easement is management activities not mcoman in with the use herein provided for and shall regain the right to Wanttcompatiible uses of the property to third parties during the term of this euemens. 7. RIGHT TO DiSPECT: Grantor, or its duly Authorized agent, shall have the right at any time to inspect she works and operations of me Grantee in any matter pertaining to this eaumenr (421 101m 8. INDEMN [FlCartnum.rvcarrn..,•.,.., _. y -.The Grantee shall Investigate an claims ofev mature u its expense. Each parry u responsible for all pemr4a uyury and property every omissions of that party and the oRc P PertY datmage attributable to the negligent acts or ers. em y part and agents Provide Nothing herein shall be committed Sa as an mended fr or a waiver of soveregY then Is ry providing li any tarty hereto, u provided in Section 768.28, Florida Starks, as amended from name to time, or soy other law providuig limiutons on claims. 9. VENt : Grantee "'vex venue As to my litigation ansmg from matters relating to this and any such easeme litigation between Grantor and On nt nkc shall be initiated and maintained only in Leon County, Florida. 10. ASSIGNMENT OF AcPx.Pr m: This easomenl shall not be assigned or mimi vtw transferred without prior written <muent of the 'G .-tor iu duly mtbmm:cd agent, Any Assignment or other transfer without pnot written consent of the Grantor stall be null and void and without legal effect. 1 t, TERMINATION; The Grantee, by acceptance of this easement, binds itself Its successor and Assigns, to abide by he provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successon and asmgm. In the event the Grantee fads or refoses to Comply with the provisions and condition herein act forth or m the caveat the Grantee nolst" any at the provisions and conditions herein, this easement may be terminated by the Grantor upon 30 days written notice to Gnntee. If umuated, all of the abovedescribeci psrcel of land shall revert to the Grantor. All costs, including attorneys, fed, incurred by the Grant" to enforce the provisions of this easement shall be paid su the Gramm if no All notices required to to given to Grant« by dus casement or applicable law or administrative nice shall be sufficient if seat by U.S. Mail no the following address: I City ofMarca Island Calker County, Florida 50 M Bald Eagle Drive 3301 E. Tarniami Trail Marco Island, Florida 34145 Naples, Florida 34112 The Grantee ogre" to notify this Grantor by certified mail of any changes o rid As s address et least a (tO) "aye before the change is effective. 11. TArrEC AND AcgFCCa� sub'st property F"N�' The Grantee Null Assume all responsibility for liabilities slur accrue to the J P OrnY or to the tnowo r may I thereon, Including any sad all drainage or special aneumants or taxes of every land A tin period which ca now t may r hereafter lawfully ass "fed and levied against the subject property during the eRectve period of this casement which result from the grant of tuns casement or the activities of Grantee hereunder. 13. REMOVAL OF CTRV m C/pnb INISTRATIV FINES: If the Grantee does not remove lard structures and equipment occupying and "ec ed upon the Promote after expiration or cancellation of this easement, such structures and equipment win be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structures and equipment after too (10) days written notice by certified mat] addressed ro the Grantee at the address specified in Item I I mat such address on record as provided to the Gnntor by the Grants. However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal ofall strucnns and the right to Impose administrative fines. a HO -5: No failure, or successive failures, on the pan of the Grantor to enforce any 14. ENFORCEMENT OF PRO provision nor any waiver car successive wai ver on its part of any provision her "n, shall operate as a discharge thereof or tender the same inoperative or impair the right of the Grantor to enforce subsequent breach or breaches. the same upon any renewal thereof or in the event of 15. RECORDATION OF PA M1 N no Grantee, at its own expense, shall record this fully executed Easement in its entuety, in the public records of the county mithrn wh ,h the easement site is located within fourteen (14) days after receipt, and shall provide to Pre Grantor "thin ten (10) days following the recordation a copy of the recorded easement inns cntucty, which contains the O.R Book and pages at which the easement is recorded, Id. AMENDMFNTatMODIFi pT1ONC; This easement is the entire end only agreement between' she parties, Its proviaom are not severable. Any amendment or modification to this easement most be in writing and mum be accepted, acknowledged and executed by the Grantee and Grantor. 17. pg7ON: Prim to commencement of comvucuon and/or activities authonz<d heron, the Grantee shall obtain the U.S. Army Corps of Engineers (COE) pemtt d n is required by the COE. Any Omen evens to the construction ardor activities mthonzed herein that may be required by the COE shall regairc comidennon by and the prior wnnrn approval of the Grantor prom to tk commencement of construction andfor any utivines on sovereign, submerged lards, Page —L of-2Q Pas" Easement No. 4Oj49 18. AODITIONAr g77tU(, -n1gFS OR AC7IV1TLaiEMFRCFUr• TR CTtlrtAl uFO to Structures Gull be erected and/or activities undertaken, including but rot hrmted to, No additional repatn a renovations made m authorized stmo res, on, in a over sovereignty, 8 «locat wheal Pn Or written or molar consent of the Grantor, with the eaceptwn of emergetcy repairs. Unless sp afi<llyy authoriize lands wnnng by the Grantor. such activities or Structures shall be considered unauthonzed and a Vlalaiwn of Chapter 253, Flonda Statutes, and shall subject the Grantee to administrative fines undo Chapter 18-14. Flonda Administrative Code. If emergency repaint are required to be undertaken in the ]Macau of public health, safety, or welfare, the Grantee shall notify the Graruot of such it, u gwekly as is practicable; provided, however, Was such emergency acnvmea shall not exceed the activities authorized by this easement. 19. UPI wND RIPARIAN PROPERTY III ,FAR Frey; pwmg � � of this easement, Grantee must have satisfactory eviEence of eufficunt upland interest as defined m subsection 18- 21.003(60), Flonda Adrrumson tive Code, to the extent required by Paragraph 18- 21.004(3)(b), Florida Adnunistranve Code, in order to conduct the activity described in this eammeat. If at any taro during the term of this Matters, Grantee fails to comply with this requirement, use of sovereignty, submerged lands described in that easement shall mutiedutely cease and this easement shall terrmnate and tide to this easement shall ravers to and vest in the Grantor ravnedutely and automatically. 20. ACCRE O_ N INTEREST: In Puther consideration of Oat issuance of this amment by the Gra ntor, Grant" eon«nu to the construction and maintenance of the structures nnhomd her and expressly waives any right, title or interest in and to any accretions or addition, to Grantee's shoreline resulting i .�expr...__._. iv Easement No. 40.48 WITNESSES: OnguW Signatrue PnnVfype Name of W [rota Original Stgmnue PnnVl'ype Name of Witness STATE OF FLORIDA COUNTY OF LEON 10841 BOARD OF TRUSTEES OF THE INTERNAL "ROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) BY: Jeffery M. Gentry, Operations and Marugenient Consult,, Muuger, Brcevu of Pubhc Land Admmrsir,tidn, Division Divuian of Sute Lands, State of Flonds De nnnwnt of En— tur,nul protection, u agent for and on behalf of the Ilmd of Trustees of the Intrmal improvement Truitt Fund of the Sure ofFlonda The foregoing imtrument wu acimowledgcd before no, thus _ APPROVED AS TO FORM AND LEGALITY: DEP Attorney WITNESSES: Onginal Srgtuture Typed/Pnnted Name of Wtmeu Onguul Stgmtioe TYP°&Prmud Name of W nness STATE OF COUNTY OF "GRANTOR" He is Persoully (mown tome. i Notary Pubhc, Sute of Flood, Printed, Typed, Stamped Name My Commission Expues: CommusroNSenal No. 20_, by BY: Ongrnal Signanne of Executing Authority Igmea C Rvi re PhD ' Typcd/Pnnred Name of Executing Authonry '. Interim Qry Mana¢er Title of ExecuMg Authonry ••GRANTEE•, The foregong ms,rmeot was acknowledged before me this 1 °'ties ' Ph n u Iajg Ctn lr:,,,.. , for and on behalf of the City o Myarm Isl PI n He a 20--' by to nre or who hu produced — �d P. rally known as identification. MY Conuniuim Expuea: Commusion/Serial Page -L of-& Pages Easement No. 40548 Notuy Public, Sute of Printed, Typed or Surnped Name m Af' COLLIER COUNTY, FLORIDA DWIGHT E. BROOK, Clerk - BY ITS BOARD OF COUNTY COMMISSIONERS BY: tRtO By W. COYLE, CHAIRMAN #tgiat+r't on+� °ORANrEE^ STATE OF COUNTY OF The foregoing tmhument Wu uknuwledged before me thu 110 day (� —1 "1 �` FmdW Y as p,forandonbehalfoft&Bovd of o�ry Yof _ J "— 20J-P_ by He u personally lmw w moor who tua produced f C ibe County. tdentificahon. 1 n MY CO.mnuaiop Ezpves: `(� l Notary um of l� ,APubW' I e71�� M Comnussfop/Senal No Printed, Typed or Smnmul Name � ............................................. LAN MITCHELL COMM# DD0810028 ElpIm 7/29/2012 APPrOved as to form �a+ SuNfCleflCy ........ ..........�°................... c le. �A� Asslsta:�t ^ountY Attorney POP ,I- of1Q pages Ea m No. N0 g cr I f AHxhw" A PuR� a-a Pug, f:„emenl N'. 40.148 1 11 •u u • r � � 1 4 1 • _ K �[ u • i • • tf 108W 0 LEGAL DESCRIPTION A PARCEL OF SUBMERGED LAND LYING IN 810 MARCO PASS, LOCATED IN SECTION 5, TOWNSHIP 50 SOUTH, RANC£ 25 EAST, COLLIER COUNTY FLORIDA, BEINC MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT FLORIDA DEPARTMENT OF NATURAL RESOURCES REFERENCE MONUMENT '64- 78 -A24' FOR A POINT OF REFERENCE; THENCE NORTH 14'10'42" EAST 6941.06 FEET l0 A CONCRETE MONUMENT MARKED 'H -9', THENCE NORTH 56'29'37 EAST J258.99 FEET TO A CONCRETE MONUMENT MARKED 'H -15' THENCE NORTH 89'45'04" FIST 1J9.17 FEET TO THE MEAN HIGH WATER LINE OF BIG MARCO PASS AS LOCATED IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MEAN HIGH WATER SURVEY FILE NUMBER J292 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN OESCRIBED; THENCE THE FOLLOWING COURSES ALONG 5410 MEAN HIGH WATER LINE AS LOCATED IN SAID SURVEY FILE NUMBER 3292; NORTH 71'03'34" WEST 55.93 FEET,' THENCE NORTH 50'41'2J' WEST JO.76 FEET; THENCE NORTH 25'JI'31' WEST 52.41 FEET; THENCE NORTH 17'35'26' WEST 75.46 FEET; THENCE NORTH 43'42'00" WEST 25.22 FEET; THENCE NORTH 66' 12'J7" WEST 45.37 FEET; THENCE NORTH 88'Q'11" WEST 51.56 FEET; THENCE LEAVING SAID MEAN HIGH WATER LINE, NORTH 28'OJ'48' WEST 11745 FEET; THENCE EAST 206.09 FEET; THENCE SOUTH 18'23'12" EAST 339.49 FEET; THENCE WEST 79.66 FEET TO THE POINT OF BEGINNING CONTAINING 1.060 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. BEARINGS ARE GRID BEARINGS BASED UPON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1981, 1999 ADJUSTMENT. Af "omen A Pop 1of„ kPop" F~x l No. 46 M 6 J�pY��tltl OI N 11A it !ip I.11 ,11 III ji a9 AuuhmnnA Pa 91 Ao(J& Page Fav nt Ha. 40 o e� < • s - ♦ r� ♦ • V • i ♦ ♦ ♦ cs n s Z Anntfi unt A Pw S of AL P.g" Faw nt No. 42M �1 �g 1 . 108 18Cie DFA4CBIPPIOM-' A PARCEL OF SUBMERGED LAND LnNG IN HE GULF OF MEXICO, LOCATED IN SECnON 6, TOWNSHIP 50 SOUFH. RANCE 25 EAST, COLLIER COUNTY FLORIDA BEING MORE PARTCUL RLY DESCRIBED AS FOLLOWS' COM41MWG AT FLORIDA DEPARTMENT OF NATURAL RESOURCES REFERENCE MONUMENT 64- 78 -A24' FOR A POINT OF REFERENCE, THENCE NORTH I49O'42' EAST 6941,06 FEET TO A CONCRETE MONUMENT MARKED 'H-9 HENCE NORTH 05'OJ'45 EAST 204 J6 FEET TO THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO AS LOCATED IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MEAN MGN WWIER Sfory FILE NUMBER 3292 AND THE POINT OF BEGINNING OF THE PARCEL NERfm DESCRIBED, HENCE HE FOLLOWING COURSES KONG SAID MEAN NIGH WATER LINE AS LOCATED IN SAID SURVEY FILE NUMBER 7192, SOUTH 2777'58' EAST 1601 FEET; THENCE NORTH 8710'26' FAST 14.38 FEET, THENCE NORTH 80'01'54' EAST JI 15 FEET, TNEACE NORTH 65'28'75 EAST J544 FEET, THENCE NORTH 4"J'29' EAST 46 J4 FEET, THENCE NORTH J742'16' EAST 113.83 FEET, THENCE NORTH 2J7047' EAST 8241 FEET THENCE NORTH SJ'5J'53' EAST 10967 FEET; THENCE NORTH J2'07'18' EAST 9562 FEET, THENCE NORTH 11'26'56' EAST 54.59 FEET; THENCE NORTH 70'21'37' EAST 5094 FEET. THENCE SOUTH 8759'10' FAST 5270 FE THENCE 1HFNCE NORTH 69'4879" FAST 4877 FEET, THENCE NORTH 46'11'36' EAST 8920 FEET, THENCE NORTH JT06'25' EAST 49,88 FEEL; THENCE NORTH 24'76'51' FAST 51 51 FEET, THENCE NORTH 40'06'56" FAST ICJ 19 FEET, THENCE SOUTH 80'15'14' EAST 7 70 TER THENCE NORTH 6706'10' UST 31.47 FEET, THENCE NORTH 66'48'07 FAST 1494 FEEL, HENCE NORTH 5J'J9'10' UST 11514 FEET, THENCE NORTH 39'U'18" EAST 161 60 FEET, HENCE NORTH 40'0079' EAST 12376 FEET. THENCE NORTH 42'J9'18" EAST 181 J4 FEE(. THENCE NORTH 44'00'47' UST 17474 FEET. HENCE NORTH 59'00'18' UST 135 J2 FEET, HENCE NORTH 64'09'47" UST 9J 78 FEET, THENCE NORTH 59'10'45' EAST 10188 FEET, THENCE NORTH 62'0741' UST 17989 FEET, HENCE NORTH 55'17'05' UST 7588 FEEY HENCE NORTH 4751'70' EAST I J 87 FEET. THENCE NORTH 4944'33' EAST 24 53 FEET, THENCE LEANNO SAO MEAN HIGH WAFER LINE, NORTH MEW HIGH WATER LINE PER OEPE MEAN SHIGH WATER SURVE7T FILE 9 /0788; THENCE THE SFOLLOWING COURSESTALONG 541DEMEW HIGH FEET LINO. NORTH 25'Jg'lj" FAST 100,56 FEET, HENCE NORTH 29'19'27' EAST 20000 FEET. !HENCE NORTH 35'2475` UST 12507 FEET i0 HE POINT OF BEGINNING CONTAINING 18.845 ACRES MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD BFi1987, WINGS 1999 ARE GRIADJUSD H BEARINGS fN7 BASED UPON THE FLORIDA STATE PLANE COORDINATE 575!Eµ EAST ZONE, NORTH AMERICAN DATUM OF AU"h4Wrn4 ,A Pa84- a-f-Lo Pug" EPwAww No. 4g 485 A g�v bid R � �ppv �8 P i V Altoohmtnt A PaRr—LL of_p Pug" Fuvmfnl No. JO '1! 6" i 9 .s i� 1 • • t♦ • Ct C • i y u • < se • 1 • m J A"whm nf.% PLgr -a of 2Q Poge E: Wnl No. *Aa NIS' + 'v u .r � u f _ 1� < U HEHi x m DFSCRIP7XN A PARCEL OF SUBMERGED LAND LYING 9J THE GULF OF MEXICO, LOCATED IN SECTIONS 6 8 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT FLORIDA DEPARTMENT OF NATURAL RESOURCES REFERENCE MONUMENT '64- 78 -A21' FOR A POINT OF REFERENCE, THENCE NORTH 20-OJ'JO- WEST J40248 FEET TO A CONCRETE MONUMENT, THENCE NORM 60'16'59 NEST 59 19 FEET TO THE MEAN HIGH SURt2Y FI WATER LINE OF THE GULF Of MEXICO AS LOCATED IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MEAN HIGH WATER L[ NUMBER J292 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN OESCRIBEO, THENCE THE FOLLOWING COURSES ALONG SAID MEAN HIGH WATER LINE AS LOCATED IN SAID SURVEY FILE NUMBER J292, NORTH IJ'48'J8' WEST 1193 FEET; THENCE NORTH 09'1256' WEST 38BJ FEET, THENCE NORTH 09'49'50' EAST 2258 FEET, THENCE NORTH 4714'50' EAST 7222 FEET, THENCE NORM 36'40'11' EAST 85,48 FEET, THENCE NORTH 1721'02' LAST 2149 FEET, THENCE NORTH 17'08'07' EAST 25.90 FEET; THENCE NORTH 19'04'41' EAST 27 17 FEET, THENCE NORTH 06'30'18' WEST 1269 FEET, THENCE NORTH 41'43'40" WEST 13 19 FEET, THENCE NORTH 81'5458' WEST 1046 FEET, THENCE NORTH 2700-45' WEST 7 10 FEET, THENCE NORTH IYJJ'20- EAST 2004 FEET, IHENCE NORTH 21'41'07' EAST 14 76 FEET, THENCE NORTH 02'495J' WEST 2109 FEET, THENCE NORTH 10'00'51' WEST J5 91 FEET, THENCE NORTH 41'1(44 WEST 40.JI FEET, THENCE NORTH 72.4858' WEST 35 JJ FEET, THENCE SOUTH 24'JI'44' WEST 27 10 FEET, THENCE NORTH 71'52'20' WEST 5 18 FEET, THENCE SOUTH 28'J6'J4' WEST 821 FEET, THENCE NORTH 61-03'59' WEST 708 FEET, THENCE NORM 10'31'11' EAST 49 42 FEET THENCE NORM 23'26'18' FAST 4543 FEET, THENCE SOUTH 89'SJ71' EAST 009 FEET, THENCE 6WiH 04'51'17' EAST 6 U FEET, THENCE NORTH 64'21'41' UST 42 12 FEET; THENCE NORTH 61'48'12' FAST 55 U FEEET, THE END or THE MEAN HIGH WATER LINE PER SAID MEAN HIGH WATER SURVEY FILE NUMBER 3292; THENCE NORTH 75'47'11' WEST 1,471 FEET TO THE BEGINNRG OF THE MEAN HIGH WAFER LINE AS SHOWN IN SAID MEAN HIGH WATER SURVEY FILE NUMBER 0786; THENCE THE FOLLOWING COURSES ALONG UO MEAN HIGH WATER LINE PER SURVEY FILE NUMBER 0788 NORTH 59'4615' EAST 10701 FEET,' THENCE NORTH 51'15'11' UST 19279 FEET, THENCE NORTH 65'J7'33' EAST 221 51 FEET, THENCE NORTH 51'12'25' UST 191 76 FEET, THENCE NORTH 47'01'06' EAST 18891 FEET THENCE NORTH 41'2604' EAST J68.60 FEE( THENCE NORTH 46'40'48' EAST 20185 FEET, THENCE NORTH 51'01'11' EAST 20433 FEET, THENCE NORTH 53'10'26' EAST 10771 FEET; THENCE NORTH 49'46'57' UST 202 69 FEET, THENCE NORM 45'1646' EAST 19787 FEET, THENCE NORTH 39'4J'40' UST 19149 FEET, THENCE NORTH J5'27'47' EAST 20087 FEET, THENCE NORTH J I'36'J9' EAST 20004 FEET, THENCE THENCE NORTH 19'72'54' UST 16366 FEET THENCE LEAVING 5410 MEAN HIGH WATER LINE, NORM 45'2J'17' WEST 254 09 FEET, THENCE SOUTH 49'79'71' WEST J02099 FEET, THENCE SOUTH 16'l4'2J' WEST 8J9 71 FEET, THENCE SOUTH 71'45'37' EAST J2723 FEET TO THE POINT OF BEGINNING CONTAINING J6 781 ACRES MORE OR LESS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. BEARINGS ARE CR10 BEARINGS BASFD UPON ME FLORIDA STATE PLANE COGROINITE SYSTEM, EAST ZONE, NORTH AMERXAN DATUM OF 1987, 1999 ADJUSTMENT. 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I| § d | |� | ! |� | §� , 2� &A w. \ /' § _ N � k I J % � � $ ; 2 , $b B i 2$� 2 ¥ i 2§ . � w' x ■ 4 k x�2 x , � i all ^ $ | 1 fi e b! j fill e g e$58� �CeA� %t er INN! g It: get will beC r A 'i Puee -10 M-a Peen F��Mlftt Na 4"m 100 � U � + � t ci U I �9 n 2� t wOln��[wl��iY7b�MIIW a]�_ 10B MEMORANDUM Date: May 13, 2010 To: Jennifer White, Assistant County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Sovereignty Submerged Lands Easement modification; granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to the City of Marco Island Attached, please find the original easement modification, referenced above, approved by the Board of County Commissioners June 24, 2008. (Item #IOB) After forwarding to Florida's Bureau of Public Land Administration for further processing and recording, if you could please return a fully executed copy to the Minutes and Records Department, so that we have a copy for the Board's Record it would be rg eatly appreciated. If you should have any questions, please contact me at 252 -8406. Thank you. Attachment ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only After the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with tar exception of the Ch simian's signature, draw a line thrnnnh rouflnc a .,. ".. e 1 •o.,..._i, w. ____�_._ _ - . _ - - - --- -- � - ., - - --- • - -� �•� ..��.,..,m mm mrwaru ro Duc rllson line N5 . Route to Addressees) Office Initials Date List in routin order I, 2. 3. 4. Jennifer B. White County Attorney 5. Ian Mitchell, Supervisor- BCC Operations Board of County Commissioners �ll8 6. Minutes and Records Clerk of Court's Office 10 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 fur 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.) frame of Primary Staff Contact Jennifer B. White Phone Number 239- 252 -8400 Agenda Date Item was June 24, 2008 Agenda Item Number 1011 A roved b the BCC Type of Document Sovereignty Submerged Lands Easement Number of Original AnAr,li I metal me Yes column or mark "N /A" in the Not Applicable column, whichever is Y Yes a ro riate. 1. Original document has been signed/initialed for legal suciency.• (All documents to be J JB Initia f Per County Attorney the Sovereignty Submerged Lands Easement is consistent with the Board's direction for Item 10 B, June 24, 2008. Please contact Jennifer B. White when original document is ready for pick up. J. Forms / County Porms/ BCC Forms/ Original Documents Routing Slip W WS Original 9,03.04, Revised 1,26 05, Revised 2.24.05 04 -COA- 010231274 TO: FROM: DATE: RE: 10B OFFICE OF THE COUNTY ATTORNEY MEMORANDUM Trish Morgan, Manager, Minutes and Records Jennifer B. White, Assistant County Attorney May 10, 2010 Sovereignty Submerged Lands Easement Modification to Increase Square Footage and Reflect Change In Ownership Approved by BCC on June 24, 2008 - Agenda Item 10•B Attached is the original Sovereignty Submerged Lands Easement Modification executed by the BCC Chairman and notarized as required by the document. Since additional signatures are necessary, our Office will require the return of the original document after attesting. Please contact my assistant Dinny Neet (Virginianeet @collieraov.net) when this is ready for pick up. She can be reached at 252 -8066 if there are any questions. Thank you for your assistance. pis, �a�t �MM.corl� ex e c �.•. It Flo � '• n -die n t' Q� hp (ti✓� 14, NeGCa x god � jl,ahK��k� Wye This Instrument Prepared By: Celeda Wallace Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS EASEMENT MODIFICATION TO INCREASE SQUARE FOOTAGE AND REFLECT CHANGE IN OWNERSHIP NO. 40548 HOT FILE NO. 110337105 PA NO. 0222764 - 006 -EM THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to City of Marco Island. Florida and Collier County Florida, hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereignty lands, if any, contained in the following legal description: A parcel of sovereignty submerged land in Sections 05, 06, and 07, Township 52 South, Range 26 East, in Gulf of Mexico, Collier County, as is more particularly described and shown on Attachment A, dated January 7, 2009. TO HAVE THE USE OF the hereinabove described premises from February 17, 2010, the effective date of this modified easement, through January 7, 2055, the expiration date of this modified easement. The terms and conditions on and for which this easement is granted are as follows: 1. USE OF PROPERTY: The above described parcel of land shall be used solely for 16 T- groins and a terminal ietty and Grantee shall not engage in any activity except as described in the State of Florida Department of Environmental Protection, Consolidated Joint Coastal Permit No. 0222764- 001 -JC, dated January 7, 2005 and Consolidated Joint Coastal Permit Modification No. 0222764- 006 -EM, dated February 17, 2010, incorporated herein and made a part of this easement by reference. All of the foregoing subject to the remaining conditions of this easement. 2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to accrue on the date that the amended rules become effective. 3. WARRANTY OF TITLE /GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title to the lands described herein nor guarantees the suitability of any of the lands for any particular use. 4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement. 5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS: Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 6. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of this easement. 7. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of the Grantee in any matter pertaining to this easement. [421 10B p' 8. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 9. VENUE: Grantee waives venue as to any litigation arising from matters relating to this easement and any such litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida. 10. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 11. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the Grantor upon 30 days written notice to Grantee. If terminated, all of the above - described parcel of land shall revert to the Grantor. All costs, including attorneys' fees, incurred by the Grantor to enforce the provisions of this easement shall be paid by the Grantee. All notices required to be given to Grantee by this easement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Marco Island Collier County, Florida 50 Bald Eagle Drive 3301 E. Tamiami Trail Marco Island, Florida 34145 Naples, Florida 34112 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effective. 12. TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder. 13. REMOVAL OF STRUCTURES /ADMINISTRATIVE FINES: If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in Item 11 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 14. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 15. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen (14) days after receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its entirety which contains the O.R. Book and pages at which the easement is recorded. 16. AMENDMENTS/ MODIFICATIONS: This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. 17. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Grantee shall obtain the U.S. Army Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged lands. Page 2 of 20 Pages Easement No. 40548 IOB , I 18. ADDITIONAL STRUCTURES OR ACTIVITIES /EMERGENCY STRUCTURAL REPAIRS: No additional structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignmem or major repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written consent of the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Grantee to administrative fines under Chapter 18 -14, Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement. 19. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee must have satisfactory evidence of sufficient upland interest as defined in subsection 18- 21.003(60), Florida Administrative Code, to the extent required by paragraph 18- 21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this easement. If at any time during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty, submerged lands described in this easement shall immediately cease and this easement shall terminate and title to this easement shall revert to and vest in the Grantor immediately and automatically. 20. ACCRETION INTEREST: In further consideration of the issuance of this easement by the Grantor, Grantee consents to the construction and maintenance of the structures authorized hereunder and expressly waives any right, title or interest in and to any accretions or additions to Grantee's shoreline resulting from any activity approved herein. Page 3 of 20 Pages Easement No. 40548 ME WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Jeffery M. Gentry, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division Division of State Lands, State of Florida Department of Original Signature Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Print/Type Name of Witness "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 20, by Jeffery M. Gentry. Operations and Management Consultant Manager Bureau of Public Land Administration Division of State Lands, State of Florida Department of Environmental Protection, as anent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. APPROVED AS TO FORM AND LEGALITY: DEP Attorney WITNESSES: � 1 Original Signature Signature o fJ —t " Typed/Printed Name of Witness 1j--,1 'hid C Origmall S ignature k LAC LotuUL V 7 14a i / e Typed/Printed Name of Witness STATE OF Ro r 16L COUNTY OF Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial City of Marco Island, Florida (SEAL) / BY: �-� fu-�� Original Signature of Executing Authority James C. Riviere Typed/Printed Name of Executing Authority Interim City Manager Title of Executing Authority "GRANTEE" The foregoing instrument was acknowledged before me this 1 I I-flk day of m ak4 , 20-LO, by James C. Riviere as Interim City Manager, for and on behalf of the City of Marco Island. Florida. fte is personally known to me or who has produced as identification. My Commission Expires: '4 � ""Y•:. °a BARBANA A LAWRENCE Notary Public, State of MMI ��IRES: JuN 2 , 2011 EXPIRES:Juy29,20tt Commission/Serial No. �44aF ' TAn a * "YSr** Printed, Typed or Stamped Name Page 4 of 20 Pages Easement No. 40548 ATTEST: DWIGHTE.J�ROCK, Cferk- ,- BY: Attesbtys to C 3n' ' 'gnature Only ;iPi�blf't Mme.. STATE OF Ft-o %e- r o rq COUNTY OF Ca t.t— l E (L. COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY C In FRED W. COYLE, "GRANTEE" M I X The foregoing instrument was acknowledged before me this 104- day of M AY , 20 l fl_, by Fred W. Coyle as Chairman, for and on behalf of the Board of County Commissioners of Collier County. Florida. He is personally known to me or who has produced , as identification. My Commission Expires: Commission/Serial . .............. ............................... AN MITCHELL Comm #DD0810028 Expires 7 '29/2012 i n. Florida Notary Assn., Inc w ............. ..............................w Page 5 of 20 Pages Easement No. 40548 & Notary Public, State of t_O Q I7 14N )Ni l TC 41 Printed, Typed or Stamped Name .1tlachment % Page 6 of 20 Pages Easentenl No. 111518 c z a a C� Od N O oR a�o�c z a� o OR x I of LEGAL DESCRIPTION 10B A PARCEL OF SUBMERGED LAND LYING IN BIG MARCO PASS, LOCATED IN SECTION 5, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT FLORIDA DEPARTMENT OF NATURAL RESOURCES REFERENCE MONUMENT "64- 78 -A24" FOR A POINT OF REFERENCE; THENCE NORTH 14'10'42" EAST 6941.06 FEET TO A CONCRETE MONUMENT MARKED "H -9 THENCE NORTH 56'29'37 EAST 3258.99 FEET TO A CONCRETE MONUMENT MARKED "H -15 "; THENCE NORTH 89'45'04" EAST 139.27 FEET TO THE MEAN HIGH WATER LINE OF BIG MARCO PASS AS LOCATED IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MEAN HIGH WATER SURVEY FILE NUMBER 3292 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE THE FOLLOWING COURSES ALONG SAID MEAN HIGH WATER LINE AS LOCATED IN SAID SURVEY FILE NUMBER 3292; NORTH 71'03'34 WEST 55.93 FEET; THENCE NORTH 50'41'23" WEST 30.76 FEET; THENCE NORTH 25'31'31" WEST 52.43 FEET; THENCE NORTH 17'35'26" WEST 75.46 FEET, THENCE NORTH 43'42'00" WEST 25.22 FEET; THENCE NORTH 66'12'37" WEST 45.37 FEET, THENCE NORTH 88'13'11 " WEST 51.56 FEET; THENCE LEAVING SAID MEAN HIGH WATER LINE, NORTH 28'03 "48 " WEST 117.45 FEET; THENCE EAST 206.09 FEET, THENCE SOUTH 28'23'12" EAST 339.49 FEET; THENCE WEST 79.66 FEET TO THE POINT OF BEGINNING. CONTAINING 1.060 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. BEARINGS ARE GRID BEARINGS BASED UPON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1999 ADJUSTMENT. Attachment A Page 7 of 211 Pages Easement IYo. 40548 3 Of N i ogng i O y! r &�g� 1 mv n ! Q 1 � Y Pp' o n o� n N A� em g 6 be b � �g m �o g N D n O A O � O � x m n n O � O k~ Attachment A Page 8 of 20 Pages basement No. 405:18 U Aa mn U r"� �m `b ° g� g2 m� n� aN �O z N N m n A � O U O FOI N N O 0 N NY'S 2 a cvv-1 n mzo u °N� b ��N4= m02 �waVo N b 2" u c a u z° �Iw -v A wFa �pp�c v �L°.m Lim 94 St a 0 T V V \JJJ p4 �tl x 10 m e m aJ a O z O O hhyy a '-3 04( O '� jA�S��ixyTNM1(lA (Oaj em�Y75�Qi�gmnQ N � pllZy�V �'VI�mVt"1_l0 IFFry i 1Y mio �'m uW"�1O q�xalm N AO ZmN >m��r2A °`am v�gTTgA ;��m��M �C mN�l �mn GlbmN_Nm��C ^'Z IiNi m Attachment A Page 8 of 20 Pages basement No. 405:18 U Aa mn U r"� �m `b ° g� g2 m� n� aN �O z N N m n A � O U O FOI N N O 0 N NY'S 2 a cvv-1 n mzo u °N� b ��N4= m02 �waVo N b 2" u c a u z° �Iw -v A wFa �pp�c v �L°.m Lim 94 St a 0 T V V \JJJ p4 �tl x 10 m e m aJ a O z O O hhyy a '-3 04( O n Attachment A Page 9 of 20 Pages Easement IYo. 40548 r/ MOO O OO v, Z OZ � �x ° a� o y O y LEGAL DESCRUWON ` A PARCEL OF SUBMERGED LAND LYING IN THE GULF OF MEXICO, LOCATED IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT FLORIDA DEPARTMENT OF NATURAL RESOURCES REFERENCE MONUMENT "64- 78 -A24" FOR A POINT OF REFERENCE; THENCE NORTH 14'10 "42" EAST 6941.06 FEET TO A CONCRETE MONUMENT MARKED "H -9" THENCE NORTH 05'03'45 EAST 204.35 FEET TO THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO AS LOCATED IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MEAN HIGH WATER SURVEY FILE NUMBER 3292 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE THE FOLLOWING COURSES ALONG SAID MEAN HIGH WATER LINE AS LOCATED IN SAID SURVEY FILE NUMBER 3292; SOUTH 23'33 "58" EAST 16.01 FEET, THENCE NORTH 87'10'26" EAST 14.38 FEET, THENCE NORTH 80'01'54'" EAST 31.15 FEET; THENCE NORTH 65'28 "35 EAST 35.44 FEET; THENCE NORTH 46'3329° EAST 46.34 FEET, THENCE NORTH 37'42'18° EAST 113.83 FEET THENCE NORTH 23'30'47" EAST 82.41 FEET, - THENCE NORTH 53'53'53" EAST 109.67 FEET; THENCE NORTH 32'07'18° EAST 95.62 FEET; THENCE NORTH 11'26'56" EAST 54.59 FEET; THENCE NORTH 70'2137" EAST 50.94 FEET THENCE SOUTH 87'59'10" EAST 52.70 FEET; THENCE NORTH 69'48'39° EAST 48.73 FEET; THENCE NORTH 46'11'36" EAST 89.20 FEET; THENCE NORTH 33'06'25" EAST 49.88 FEET THENCE NORTH 24'3651" EAST 51.51 FEET, THENCE NORTH 40'06'56" EAST 23.19 FEET, THENCE SOUTH 80'15'14" EAST 7.70 FEET; THENCE NORTH 67'06'10"" EAST 31.47 FEET; THENCE NORTH 66'48'03" EAST 44.94 FEET; THENCE NORTH 53'39'10" EAST 115.74 FEET; THENCE NORTH 39'13'48" EAST 161.60 FEET; THENCE NORTH 40'00'39" EAST 123.76 FEET; THENCE NORTH 42'39'18" EAST 181.34 FEET; THENCE NORTH 44'00'47" EAST 174.74 FEET, THENCE NORTH 59'00'18" EAST 135.32 FEET, THENCE NORTH 64'09'43" EAST 93.78 FEET THENCE NORTH 59'10'45" EAST 101.88 FEET; THENCE NORTH 62'07'41" EAST 139.89 FEET, THENCE NORTH 55'17'05" EAST 75.88 FEET; THENCE NORTH 42'52'30" EAST 117.87 FEET; THENCE NORTH 49'44'33" EAST 24.53 FEET; THENCE LEAVING SAID MEAN HIGH WATER LINE, NORTH 84'0337" WEST 530.62 FEET, THENCE SOUTH 46'48'50" WEST 2197.56 FEET; THENCE SOUTH 01'18'40° EAST 651.99 FEET TO THE MEAN HIGH WATER LINE PER DEP MEAN HIGH WATER SURVEY FILE 10788; THENCE THE FOLLOWING COURSES ALONG SAID MEAN HIGH WATER LINE: NORTH 25'39 "13" EAST 200.56 FEET; THENCE NORTH 29'19'27" EAST 200.00 FEET; THENCE NORTH 35'24'35" EAST 125.07 FEET TO THE POINT OF BEGINNING. CONTAINING 18.845 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. BEARINGS ARE GRID BEARINGS BASED UPON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1999 ADJUSTMENT. ktlachment A, Page 141 of 20 Pages Easement No. 40548 3 OF �eN "p�RA Rpm i oA �k" SPA. ..,m ^nn �nl.i� _ m ^ ^m22� n� z� Ro sg RA AAA k a 8,8. , m ^oo ;uVizno�zzo °c 'm^�z °. 3za��wo°, '4N�mmua 'z oR � �uoueuaum oo a v � M a Mrs MAP B GREY BY IXIRg Attachment A -' Page 11 of 20 Pages Fasement No. 4(548 � n �4 x e� Y C1 m� Nil o nab 6 O n b it �„ o a� o r 4t} —7 $ 4 Heim] S x Attachment A Page 12 of 20 Pages Easement No. 40548 a �� o� z 0 v � Awn 14 ti O 0 r LEGAL DESCRIMbi1 A PARCEL OF SUBMERGED LAND LYING IN THE GULF OF MEXICO, LOCATED IN SECTIONS 6 & 7, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT FLORIDA DEPARTMENT OF NATURAL RESOURCES REFERENCE MONUMENT °64- 78 -A24° FOR A POINT OF REFERENCE; THENCE NORTH 20'03'30" WEST 3402.48 FEET TO A CONCRETE MONUMENT; THENCE NORTH 60'18'59 WEST 69.19 FEET TO THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO AS LOCATED IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MEAN HIGH WATER SURVEY FILE NUMBER 3292 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE THE FOLLOWING COURSES ALONG SAID MEAN HIGH WATER LINE AS LOCATED IN SAID SURVEY FILE NUMBER 3292; NORTH 13'48'38" WEST 12.93 FEET; THENCE NORTH 08'12'56" WEST 38.83 FEET; THENCE NORTH 09'49'50" EAST 22.58 FEET; THENCE NORTH 42'14'50" EAST 72.22 FEET; THENCE NORTH 36'40'11" EAST 85.48 FEET; THENCE NORTH 1721'02" EAST 21.49 FEET, THENCE NORTH 27'06'07" EAST 25.90 FEET; THENCE NORTH 19'04'42" EAST 27.17 FEET; THENCE NORTH 06'30'18" WEST 22.69 FEET; THENCE NORTH 41'43'40" WEST 13.19 FEET, THENCE NORTH 81'54'58° WEST 10.46 FEET; THENCE NORTH 27'00'45' WEST 7.10 FEET, THENCE NORTH 13'33'20" EAST 20.04 FEET, THENCE NORTH 22'42'07" EAST 14.78 FEET, THENCE NORTH 02'4953" WEST 21.09 FEET; THENCE NORTH 10'00'51" WEST 35.91 FEET; THENCE NORTH 41'44'44" WEST 40.31 FEET; THENCE NORTH 72'48'58" WEST 35.33 FEET; THENCE SOUTH 24'31'44° WEST 27.10 FEET, THENCE NORTH 71'52'20" WEST 5.18 FEET; THENCE SOUTH 28'3634" WEST 8.21 FEET; THENCE NORTH 61'0359" WEST 7.08 FEET; THENCE NORTH 20'31',31" EAST 49.42 FEET; THENCE NORTH 23'25'28° EAST 43.43 FEET; THENCE SOUTH 69'33'31" EAST 13.09 FEET, THENCE SOUTH 04'51'27" EAST 6.13 FEET; THENCE NORTH 64'27'42" EAST 42.12 FEET; THENCE NORTH 61'48'12" EAST 55.13 FEET TO THE END OF THE MEAN HIGH WATER LINE PER SAID MEAN HIGH WATER SURVEY FILE NUMBER 3292; THENCE NORTH 75'47'12" WEST 14.72 FEET TO THE BEGINNING OF THE MEAN HIGH WATER LINE AS SHOWN IN SAID MEAN HIGH WATER SURVEY FILE NUMBER 0788; THENCE THE FOLLOWING COURSES ALONG SAID MEAN HIGH WATER LINE PER SURVEY FILE NUMBER 0788: NORTH 59'46'35" EAST 207.01 FEET; THENCE NORTH 51'15'11" EAST 192.79 FEET; THENCE NORTH 65'37'33° EAST 221.53 FEET, THENCE NORTH 51'12'25" EAST 193.76 FEET; THENCE NORTH 47'01'06" EAST 188.91 FEET, THENCE NORTH 41'26'04" EAST 388.60 FEET; THENCE NORTH 46'40'48" EAST 201.85 FEET; THENCE NORTH 51'01'22° EAST 204.33 FEET; THENCE NORTH 53'20'26" EAST 207.72 FEET; THENCE NORTH 49'46'57° EAST 202.69 FEET, THENCE NORTH 45'26'46" EAST 197.87 FEET, THENCE NORTH 39'43'40" EAST 19,149 FEET; THENCE NORTH J5'27'47" EAST 200.87 FEET; THENCE NORTH 31'36'39" EAST 200.04 FEET; THENCE THENCE NORTH 29'32'54" EAST 163.66 FEET; THENCE LEAVING SAID MEAN HIGH WATER LINE, NORTH 45'2337" WEST 254.09 FEET; THENCE SOUTH 49'3931" WEST 3020.99 FEET; THENCE SOUTH 16'14'23" WEST 839.71 FEET; THENCE SOUTH 73'4537" EAST 327.23 FEET TO THE POINT OF BEGINNING. CONTAINING 36.783 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. BEARINGS ARE GRID BEARINGS BASED UPON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1999 ADJUSTMENT. .%ttuchment A Puge 13 of 211 Pages Easement No. 40548 3 OF' m r n na m a m a m 0 z z 0 a L' n eSom2ly hwi22�n2 z zzn n c o oop0000� o ns _Ne_,m �..iixxxxxn�,zm m w Ny�A�iC !N 'w ATTACH !,ETA T y� vm yr H yT n wiz iw„mv �xn�a t z 2 vi ° rah my ro =ti vo mom "m si a (� m 2V: N °NmmmlT`Im��2�mA z N 02 �m �1° n�nnnnn'-Fy1 ° ° c �U�zvnmmmmmm Y�no za � =m T-� "0000000 „IaOC - tiemxnm -:m�F �xxxxxxz ma �Fm O w Tm2 mOm� V o yb �'� mtn N h�n AA^xim UlC'vOOa a °� C 2 zxmmn,mo`"i„'° E'4 or�c�j 'A`I o1m2A�.,m2 p �'FFF m a n wmn2Na 2 - .�yvmi ti m^�m n'-o_'"c z °mn.-'xmmme�zm �- mimvpOCC OA °a °a °A x°�m w��in�r --ix �mayrngmmi �`a' inFm� m xHHmG�F.�' -.^�na Amy U�x,m�va�v��a I” Zcnq FwN otiNb�'T ow�T °vm�x'n^^'2 mmnnz �� 2 malit c.°a� °ai�nn A Cj U W A m< zem2 °A °2 -C Flvbm�p�'u�m2aN ° m uPa m ° Finao m2m'.i Am' NmOaF �Arn my �oTmmT mw°'m emt2 VI w v N m m m m m m o N om�me2��2�YZ 2m2A m w-. mo mmA�"'i nnmmm m n Attachment A Page ld of 2 Fasement No. 4 An �a Sm a �m ma O Q ° 0 O N � 3 T T 0 m x O O Q�gg$ R3 x ai = r&? L S.a]iLZ`SSs��S;E 14 1 Ian II_ .r' Will ._ .v- - .V`SS rig 26x• r t i tM M YYYYYYYY YYY3M s_ao M b!6 YY Fq k� __ _„_ __ lii M l s 0 x=o ^' n Am m u Y / A q dr 4� itg tl g s r qt a- �O e� _ e v es x g_ m n A O a Z � �a O O Q 0 0 luHO h c` OJON •W' W(e Wr a z r OrTl a Attachment A Page 15 of 20 Pages Easement No. 10518 « « reEnsm rcn waam - 0110710 - om Nis Mm Pa r n at owa ,acs i, esv om ° �'.�m DAGOSTINO @. WOOD INC Ere FEO: m:ur rt v..oa.e: w u nokadw w e ¢awn w rreusrtES a ME ffi m wvx Nr Mim ,uw a 01723 �� a aou..0 w �n iWmN. m. ^M9 mwphv MME StM M ft tl A n- c,o tan.,we.�. ne rtr,m `mp "n' °o. � vs meoss �' xv, n:eoss 1 OF 6 m ^m o mm4o�Y mgni Um�nn boa r m m n m A a o0o r gg z na ^ A<i N x- °rya r't a o ur ixx�ix xm�Qo°n p m nN N _a y (? \� z n nm !!jjm nn z ana Zm. C npn 1/iA 'n O � I~x��[Z �' O °i2 A(�l -=i i nzi'y% is5z �'T�n^npzp .�pzp �F. mm g- F�mzzS,z g g� Z, iNnnm urn �Q�� R ?� TA 4 '~A,'.�.A INIY.'O�21ZA�5 �V`O� 000000 rT- Oa�2TC"'z E2i� � ginz Nn ^g: ANT m m� e aN'�i P�xx xza omn° <�O ^1 �� $o zt•NmN o. �� io cQC n �° o :N mg zn F.,�an N In $;o nY�o�� _m v�m2rT- id i AA iuN4 �n�o iiF `vi'a�im O ^m a of NOi p m.- i,i,�c mT O o m yx r., $ZN. 2 Tl�ino ti2A ag^ y '^ m o$annm a2 �n pz o z nmNn ":A o0o c� 2oA A zo m..,�ev TxtnA oS 8h- zYq Es'am� S; O o$ `" iigAC °z uOn y^mnoo z OA O S� iNgoa amo- '�� mm oz �m $=;am ix o°,onm� our o i i'c p zm mo xyTON -'-+ imA�"Om�� mz z � ig m�zNmN p0 . °nc�.p3 iq 2'1` 22�VS4 mNh °ONH� ;Z V 2 °Z �nm n m'� W xW nO�VI n0 r m mho W- 2W nO �V1 -.nn v ti SS' i �Uno �m aNiz'+^��jU ^ii ''pa r'l c°A,�$ � curia moYtim 'A^: 33o33iiz �"j° o�La nri 4� 3umm iamaF ^� D 9A i iN�^ ,N„tmz5 zYXnaakn�i Aici D £ n A'zo Qz Rey eF; ccc� fan r °iN � ��;,�zpV RU 3�c; c �� -e," -r' m 2 n OaNr, �p(Il F'N� ° °�� b � y A�I$bN2 T yR m �� CF xI iWN�� mvm m;q °^ noc n W� �uNmN n�mm mmn%'� o °� Ss S A 'T �- _, V�vzni? o° A '^co o n's Pen�uN gga � I� m= -A °A n n � V 7 A z4�a° �^ O A a Aa A maz�A�bCm ° O ANQ „11 o i 'mTJi �caiimv nN 2 g o q� 728 22 v z6 Z gF v R�1YNm O� asAC2� G ° � mI�LO q oNmN� OA L'�2^A AO�O � �1 �$gm� Am'�Onio 37z till m�"+iO + i�.' ztio ac£ m yi Q n Aa y n O c{i A A'..] nom A o Nb1Y T °i-SscA off.,, ,ax °�S,i„c mT mb�p P1 vJ T'A va��S I m� °m gn m� oim -••- t..FG —� N mA A `"n°^,�z ioa nooaA o`ao O o° A '�'mgm"z °oe npoe� o0o O 85 oa {Omn� mm"J am�7o`"t"Gi cin z ?timo°"+, ni��o >inN nm ''�C�jlj1 1+ m m oN iw m �-'m z° R om�a Nmm mid �� 1 M, M, mOYmz4 R�„mu� N_mRg °ii @n o °m�n -. � oo'az xynm� c � oo� @@n o q�.-• m �moz��gm� cm r"mG g �$Or'�n�m �mmoamgzo -�rno 4mGi u N -_�� AyAN o Sur \Am °- mmzm"o o a�xyci 2m �1 \An mZmb o"�ici -�2� � 31 ��° n mi �vm P�' TAO ;_�q��? p_�� Vim° tai mom °aP S ;imm�0� 0�2 • �!Jc zA�cmjOm�z Adz o z al n.`a nm n nRiiNOm m�i? �Fism c� ^o °n O nm m °iNOm o?N��Sm2 3 °m O a$ N .-m3�r movooa ±o l7, .4 °° A p- yN';mo z"d$oop$N aom A mo iN !^ nm -�' x ay�iigE�o m n �y i mW nNnb a5mim Nit a� R40�0 '� g -' �m ^m ZQ'N'cNi oo Or _sm ^�+o�o o::•�nAZ��^n °o _ !ST ,�m ON SOq A�'�� inN in Q� F 4viSn_ Ain '� EN w Pa'.gR Attachment A Page 16 of 20 Pages Easement No. 40548 rws u,w vnvn� er; �o+.l -n n v- _ I m. �OAGOJIInU ik WOgD, IIVC am ccsrw'ico io. A m O Y 2 2 Y / _ 2 �O 3 �nY ag��c z m A? I A 2 .Attachment A Page 17 of 20 Pages Easement No. 41),-;48 0 0 o� 2 con w 2 � y M ..`��\�`a`� /^moo•` // O oo N wex e e n >� z A n §� n a r 4 m 3'21 20F6 zNm�u --� or +n nn m °o' i mA noon (n" a i�'..!� moo oo> m _ o °YV mgoi a'^mno aka r u °n i Ao_x�.m.'$`� -Cm an��'•'gz p Mp 10 B '� �c�n� � ze> "-'NY, m 'y�y^� �� •�� '^ $'a"�'i��c'S muo 0 � � mz° ° " oa�: V�vmeti $ga =gym A m A +o u,,,nc, ovmmffi n� e n �� gzz_mT C'�' -�7 i°ro�i °nano p7z cn i °o � �"mo Ems Boo AgicR ��z tin :jc�." -1 :i Pions A� ni n g�iY n n Y or SsY n cziY zd ° Y-•�i a�n�zYo �'^go�sRg m n mU -2' y R°.3� Z PPCC x pc p p n Y of � \ \ ��♦ .�tn�' y � e � ��3� j`L.7J a��$ r�ioxl�FeWitl�i\ ✓.?p, __�?W'eh; -' x osmr+sm c ad � oA A \ n � m O \ C T Y 0 w � ° � n s �-utuchment A -11 IF ' yn �. Page 18 of 20 Pages a a Fasemeut No. 10548 M e axis xm rxawrn er: me s. ro. vs¢ DHGOSTINO & WOOD ING ctxnr�to ro: eu m a rx w a m na wrtxxs. wrxvcunvr mxsr rtwn 0 }i 23 n u.. �mvo. ® RofaMNSwvsYxq sxkPW9 an4 sortartaww 'w°: w�m.XOw six �wn�mwxt ns.im 3 OF 6 � rn � u 4 U 4 U �'�o�o o�m�'r tiryoUO�lm'�� .mn'rtnri��.n'N3'�f: mnmi�n{ � L blm �.b n 4S� i 4' iovm �Vz Nm,x"4o 0�9 Gm7 m8nm n nmi Y�i zgoi'a'^mgo ,T-o> m m�'^^ cz5 iamm"z m ''z^ax��i i � r- 4 � >; nus `"`� z_�SSy yxnli �?� ✓n 1mev��a cm A O a 2uo � A T. "J yi. N mom�w 0- m m �umi o NoS�c�A a n � zn'•o.T -LPicy aon O Ar4 ^400 �i�gnnC^I °� nuumY g°p�r^�n o�OmnAZ�g� ="o N.Bm im za�n�gn �m A $ =gu mz"J �z O� AN >T9��oR Y _ z "'• ta. a �� 6 f �a 8$ ��'��.►�:` '`,, \/ \ \rte £p� H \ \ \ /'TAY 'Tp pg,O•``��\```��y```� 8� A� 6941'\ a�� \ \by, per/ .Oi\f.. •``�` M\ n � z" nzT m ^� A 3 e � n _ c � C & Attachment .A n Page N9 of 20 Pages i s B ° Easement No. 40548 e sirs uw ruvw+so er: o�vio smo:� ti -. DAGOSTINO & WOOD INC aansicD TO: e pwm a rnvsrtls a rnx wrwwt +wxpnaxr psrsr rvmr p }7 y} �Nm. iN®gitl Str."11N 6 nsppkv a w[ Spit a nawns o�m ue 6M IM.1 AE NmISR MM '°n'.ro pvw: Ms msoes (c ns ssrms 4 OF 6 qa haa..ya.O.n;YV ysb Omo gNU °�Y�Ivs`s` ° a a 115+ M\ w r�. _Z A pN� o \AO a mm p�n i� �m 0 o - 2 i :'AZ Tm °m zo �m zo ZWNTtn crYm24 M1t04me oa��N A ob��Y m�mY: g n p O mN ^+ u mW °O -N Yy fl fl pN om"N >xG�n 2 a !mom- m�go' NamU' ��A m °ZOny ggg o',A�Bgag °� 2 ��1'o.252i �c1 mx"� -z'�` •A o.. °AZ CQI 1y rr�j�20rn r^G goa�o� °¢R ME �e aaa A�m N �NO n ;om 0 ms2 0 A [ml O 2 2m i „ m 2 o�� 2 ^' z z � m� e TN N mo � n i m o� P N ac A m L 4� z LlNNa N °gN of °m 88ti g'x= �zB ^nn ° m�°NAwT 2m_T T n^T�aoN n°° izBs� °mna ANy 20an� m� NmNso 2� °_nge 20 Or A` A�A n��mb ni�g �o vgi amOA mm T Q yi n�gom�% �AbOTT�O m� aRgg� z Wo8 ^o o m �zz MIN�^ ~ N r,•��17� a �_ vCT�m n n y \\ o� zo ° A A 4n 2 3 0 JjP aNa �o N A f��1m Tti cm G� o � i� oz a� m �G0 0 �m k i8 Am mm �o a� mo e n � . 9 ro - x Attachment A ° Page 20 of 20 Pages s- basement No. 40548 a Q Cj Cj O awl cn c [VlV O y� 2 &WOOD, INC. I-"'"cearinco ro: awRT ur rHUMIS a me wrzanu uExr rxusr nw lrjp 5 OF (2i, U N V N N 2 4 V t2w }; 2 t2i, V (2i. r2i MIN�^ ~ N r,•��17� a �_ vCT�m n n y \\ o� zo ° A A 4n 2 3 0 JjP aNa �o N A f��1m Tti cm G� o � i� oz a� m �G0 0 �m k i8 Am mm �o a� mo e n � . 9 ro - x Attachment A ° Page 20 of 20 Pages s- basement No. 40548 a Q Cj Cj O awl cn c [VlV O y� 2 &WOOD, INC. I-"'"cearinco ro: awRT ur rHUMIS a me wrzanu uExr rxusr nw lrjp 5 OF 109 '" Patricia L. Morgan From: HerreraSandra [sandraherrera @colliergov.net] Sent: Tuesday, May 25, 2010 2 06 PM To: Patricia L. Morgan Cc: whitejennifer, McAlpinGary Subject: Sovereignty Submerged Lands Easement -BCC Date: 6/24/08; Agenda No. 10B Attachments: recorded Sovereignty Submerged Lands Easement Modification .pdf Please replace the previously submitted easement (BCC meeting 6/24/08, Agenda No. 106) with the attached recorded easement. Thank you. Sandra Herrera, Certified Paralegal Office of the County Attorney 3301 Tamiami Trail East, 8th floor Naples, Florida 34112 -4902 Phone: (139) 252 -8400 Facsimile: (239) 252 -6300 Sandraherreraa ccollier m•.ne, INSTR 4433852 OR 4570 PG b RECORDED 5125/2010 12:15 PM PAGES 20 OMIGHT E. RROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT OOC9.70 $0.70 REC $171.50 CONS SO.00 This hsstrumml Prepared By. Celcds Wallace Recurring Revcrme Section Bureau of Public land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS EASEMENT MODIFICATION TO INCREASE SQUARE FOOTAGE AND REFLECT CIIANGE IN OWNERSHIP NO.4054g BOT FILE NO. 110337105 PA NO. 0222764-006 -EM THIS EASEMENT is hcrcby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby groat to City of Marco Island Florida and Collier County. Florida, hetebmfter referred to u the Grantee, a r onexehaive casement on, under end across the sovereignty lands, if any, contained in the following legal description: A parcel of sovereignty submerged land in Sections 05 Ob and 07 Township 52- Soul h, Range 2¢.EgB, in Gulf o[Me�, Collie County, as is more particularly described and shown on Attachment A, dated January 7.2 TO HAVE THE USE OF the herembove described premises from Februxry 17.2010, the effective date of this tnodifed easement through lamary 7 2055 the expiration date of this modified easement. The terns and conditiom on and for which this easement is granted are as follows: 1. USE OF PROPERTY: The above described parcel of land shall be used solely for 16 T- strains and a terminal Je and Grantee shall not engage in any activity except as described in the State of Florida Department of Enviromnentel Protection, Consolidated Joint Coastal Permit No. 0222764- 001 -1 C, dated humary 7.2005 and Consolidated Joint Coastal Pe ..m Modification No. 0222764 - 006 -EM. dated Pebmary 17 2010, incorporated herein and made a part of this casement by refttence. All ofthe foregoing subject to the remaining conditions of this euctrom. 2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended ales provide the Gramee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by such amended ales within 90 days of the date the amended miss become effective or by a date provided by an invoice from the Deprtmrenq whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to Rome on the date that the amended roles become effective. 3. WARRANTY OF TO'LFJGUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither woman, title to the lands described herein nor guatanrees the suitability of any of the lands for any particular use. 4. RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of Wis easement. S. DAMAGE TO EASEMENT PROPERTY AND TNTERFERENCE WITH PUBLIC AND PRIVATE RI HTS: Grantee shall not damage the cuement lands or unduly interfere with public or private rights therein. 6. GRANTOR'S RIGHT TO GRANT COMPA'ITBI F USES OF THE EASEMENT PROPERTY: This easement is man xchmive, stud the Grantor, or its duly authorized agent, shall retain the right to enter the Property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of this easement. 7. RIGHT TO INSPECT: Grantor, or its duly authorized agent shall have the right at any time to inspect the works and operations of the Grantee in any matter Featuring to this easement 1421 10B > OR 4570 V 7 g, INpEMNTHCAnONjfNVEST3GATIoN OF ALL CLAIMS: 7Le Gramm shall investigate all claims of every ru me, at Its expense. Each parry is responsible for all personal Injury and property damage attributable to the negligent aM or constitute ofthat party and the oBkers, employees and agents thereof. Nothing heroin shall be construed as an indemnity, or a waiva ofsovereign immunity enjoyed by my parry hereto, as provided in Section 768.23, Florida Statutes, as amended from time to tine, in any other law providing limitations on claim. 9. VHF .js` (�: Grantee waives venue as to any litigation arising from matter, relating to this easement and any such litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida. 10. ASSIGNMENT OF EASEMENT: Thu casement shall not be assigned or otherwise transferred without prior written cement of the Grantor or its duly authorized agent. Any assignment or other transfer without prior written cement of the Grantor shill be null and void and without legal effect. 11. TERMINATION: The Orontes, by acceptance of this easement, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and mid provisions and conditions shall be deemed covenants of the Grantee, its successor, and assigns. N the event the Grantee fails or refutes to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein. This easement nary be terminated by the Grantor upon 30 days written notice to Grantee. If terminated, all of the shove -described parcel of lard shall revert to the Grantor. All coca, including anomeys' fen, incurred by the Grantor to enforce the provisions of this casement shall be paid by she Grantee. All notice, required to be given to Grantee by this casement or applicable Inv or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City ofMarcu Island Collier County, Florida 50 Bald Eagle Drive 3301 E. Tamiaml Trail Marco Island, Florida 34145 Naples, Florida 34112 The Grantee agrees to notify the Grantor by certified nail of any changes to this address at (cast ten (10) days before the change Is effective. 12. TAXES AND A SES.SMENTS: Ile Grantee shall assume all responsibility for liabilities that acme m the subject property at to the improvements thereon, including any and all drainage or special assortments or taxes of every kind and description which we now or may be himafmr lawfully stressed ad levied against the subject property during the effective period of this easement which result from the gum of this easement or the activities of Grantee hereunder. 13. REMOVAL OF STRUCTImEStADMrNISTRATIVE FINES: If the Grantee don not remove said structures and equipment occupying and erected Bryon the premises after expiation or cancellation of this easement, each structures and equipment will be deemed forfeited to the Grantor, and the Grantor my authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in Item I I or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other remedin available to Grantor under applicable haws, roles and regulations including the right to compel removal of all structures and the right to impute administrative fines. 14. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any provision, nor my waiver or successive waivers on its part ofany Provision burio, shall operate in a discharge thereof or render the mine inoperative or impair the right of the Grantor to enforce the some upon any renewal thereof or in the event of subsequent breach or braacbes. 15, RECORDATION OF EASEMENT: The Grantee, at is own expense, shall record We fully executed easement in its enti ny in the public records of the county within which the easement site is located within fourteen (14) days after receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its entirely which contains the O.R. Book and pages at which the casement is recorded. 16. AMENDMENTS/ MODIFICATIONS: This easement Is the entire and only agreement bchvicen the panics, Its provisions are not severable. Any amendment or modification to this easement must be to writing and must be accepted, acknowledged and executed by the Grantee and Grantor, 17, ACOE AUTHOR17ATION: Prior to commencement of construction and/or activities authorized herein, the Grantee shall obtain the U.S. Army Comps of Engineers (COE) permit if it is required by the COE. Any modifications to the construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior written approval of the Grantor prior to the commencement of comtmction and/m any activities on sovereign, submerged lends. Page -2- of-f Pages Examines No 40548 toe i I OR 4570 M 8 Ill. AppITIoNAL sTTtjjCrURER OR ACMMIESIEMERGENCY STRUCTURAL REPAIRS: No additional structures; shall be erected and/or activities undertaken, including but not limited to, dredging, reloeation/Maligmnent or major repair or rerurvaGom made w authorized structures, on, in or over sovereignty, submerged lands without the prior written consmt ofthe Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a violation of Clupter 253, Florida Statutes, and shall subject the Grantee to administrative fines under Chapter I8 -14, Florida Administrative Code. If emergency repairs are requited to be undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, bowever, ant such emergency activities shall not exceed the activities authorized by this easement. 19. UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee most have satisfactory evidence of sufficient upland interest as defined in subsection I8- 21.003(60), Florida Adudxisoative Code, to the extent required by paragraph I8- 21.014(3)(b), Florida Administrative Code, in order to conduct the activity described in this easement. If at any time during the term of this easement, Grantee fails to comply with this requbement, use of sovereignty, submerged lands described in this easement shall hartred'ately cease and this easement shall tarndmte and title to this easement shall revert to and vest in the Grantor hmnediately and automatically. 20. ACCRETION INTEREST: In further consideration of the issuance of this easement by the Grantor, Grantee consents to the construction and maintemacc of the awcon es authorized hereunder and expressly waives any right, title or interest in and to my accretions or sdditions to Grantee's shoreline resulting ham any activity approved herein. Page -j— of—& Pages Easement No. 4054 $ 10B OR 4570 PG 9 STATE OF FLORIDA COUNTY OF LEON DEP HOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE'., OF FLORIDA ^[/ /y /,' -'7L C rb (SEAL: BY: �T 1 Lam..... /V y/N*"1 �x '•1i JetTery�h G try, Operations and Manageapt WmdiNnt Marega, Bureau of Public Land Adutirvftrshion,;Oivislon Division of State Lards, Sure of Floxidi DeQanm?m of Fnvimnmrnral Protection, as agrnt fur and od behalfoflhcHoard ofTrusreea of the Intemal Improvement Trust FmB'of & Sutc ofFlonda The foregoing instrument eves acknowledged before WITNESSES: Ocigiml Signature TypedrPrvmt<d Nsme of Witmss g/,r.d" Q 240 C. Oeigusol Signature .7. M0-(, G¢ Typed/Printed Name of Witness STATE OF F/n r f 4al COUN YOF 0-0&, "GRANTOR" r& day of 29 Printed. Typed or St Nwry vudm sulf a FkN+ MY Commission Ex aeenn eaa uycm ' ,uas a, ownan VEapref tolaanalt Ai ComrdssiaNSenal o.-__ C'tv ofMu,,Q_ land Florida (SEAU BY:� Original Sig tature of Executing Authosay JannesC Ry T)ped2rinud Name of Executing Authority Interim it Title of Executing Authority "GRANTEE" The foregoing instrument was acknowledged Won, one this I I If& day of rn9M 20L, by Ames C. Rivicrc as Interim ON Manz eer. for and on behalf of the Ciry of Marco Island Florida. e u p<nomRy (mown to me or who has produced ____ _ .asidentiGcation My Conmdssion Expires: 6Q &MRAAIAWAQJ[F Notary Public, State of r �: •••• �. IHIgWI5'" 11W1i36f6 D(PIli65:JW29,Af1 Conunission/Serial NO. ''9w pa°1Tni "'°wt'"a's Printed Typed ra Stamped Name Page 4 of -QPagn EasetaentNo.40548 IM ort 4570 PG 10 BY: tk i f'Dt STATEOF FIAbaDFF COUNTY OF Cdl.l..lE2 COLLIER COUNTY, FLORIDA / BY ITS BOARD OF CCOUNTY COMMISSIONS By. L '"'�' '1 ' I Only FRED W. COYLE, CHAIRMAN "GRANTEE' TLe foregoing immanent was acknowledged before me this � 22 day of MAY 70 1 [5 , by Ftejw.CoyleuCairma jor and onbehalfofthe&Stud ofCo,mw Ciallimisaigaw ofCollicr CounrvElopdg. He is personally known to me or be loss Produced u identification. Commission Expires: � /T /L r Notary Public, State of G-O r «N MI-rcue�t_ CommissiodSerial No. Printed, Typed or Stamped Name ........ nary 101 a 1/Ja MfTCXELL j 0oaanM 000a100�9 Eapm ]'EeQ012 i ....... ... ............................... Page —L of 20 Pages Easement No. 90$9$ 10B j Ott 4570 M 11 a P-m, 6 of d P.g.r Fvxeornt No. 4O 8 .0 i • • '• u • 1 1 L • 1®B OR 4570 PG 12 LEGAL DESCRIPTION MARCO RANGEC25 EAST,UCOLLER COUNTY FLORIDA, BIBEING MORE PARTICULARLY DESCRIBED ASTOFOLLOWS:50 SOUTH, LAND LYING IN COMMENCING AT FLORIDA DEPARTMENT OF NATURAL RESOURCES REFERENCE MONUMENT "64- 78 -A24" FOR A POINT OF REFERENCE; THENCE NORTH 14'10'42" EAST 6941.06 FEET TO A CONCRETE MONUMENT MARKED "H -9"; THENCE NORTH 5629'37 EAST 3258.99 FEET TO A CONCRETE MONUMENT MARKED "H -15 "; THENCE NORTH 89'45'04" EAST 139.27 FEET TO THE MEAN HIGH WATER LINE OF BIG MARCO PASS AS LOCATED IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MEAN HIGH WATER SURVEY FILE NUMBER 3292 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. THENCE THE FOLLOWING COURSES ALONG SAID MEAN HIGH WATER LINE AS LOCATED IN SAID SURVEY FILE NUMBER 3292; NORTH 71'03'74" WEST 55.93 FEET; THENCE NORTH 50'41'23' WEST 30.76 FEET; THENCE NORTH 25'31'31" WEST 52.43 FEET; THENCE NORTH 17'35'26" WEST 75.46 FEET; THENCE NORTH 43'42'00" WEST 25.22 FEET; THENCE NORTH 66'12'37" WEST 45.37 FEET; THENCE NORTH 88'13'11' WEST 51.56 FEET; THENCE LEAVING SAID MEAN HIGH WATER LINE, NORTH 2603'48" WEST 117.45 FEET; THENCE FAST 206.09 FEET; THENCE SOUTH 28'23'12" EAST 339.49 FEET; THENCE WEST 79.66 FEET TO THE POINT OF BEGINNING. CONTAINING 1.060 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD, BEARINGS ARE GRID BEARINGS 1983. U N BASED HE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN A11n[11Tfn1 A pm, -L.T 20 Ihgo FAVmenl I;- m A m M 4570 PG 13 0 oe z� �6= I Ii yRO K 4�2 S C7 all Eiji at f eh.1 2 Page of e 8 i ng0 1'aFa � Faremenl No. 11KJA a z ra� M 4570 PG 14 z Allothm nl A Pug, sorb PPa. F.;,.l No. JOW 'T1 a Cy CC rZ� �1.6 "ll 0 x 10B 10B M 4570 PG 15 LEGAL DOCRFRON A PARCEL OF SUBMERGED LAND LYWG IN ME GULF OF MEXICO, LOCATED M SECTION 6. TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA BEING MORE PAgHT;UURLY DESCRIBED AS FOLLOWS' COMMENCING AT FLORIDA OEPARIMENF OF NAFUML RESOURCES REFERLNCE MONUMENT "64- 78-A24' FOR A POINT OF REFERENCE. THENCE NORM 14'1072' EAST 5941.06 FEET TO A CONCRETE UDNUMENT MARKED 5H -9'; THENCE NORTH 05'03'45 EAST 204.35 FEET TO THE NSA, HIGH WATER LINE OF ME GULF OF MEXICO AS LOCATED IN FLORIGI DEPARTMENT OF ENNRONMENFAL PROFECTION MEAN HIGH WATER SURVEY ME NUMBER 3292 AND THE POINT OF BEGINNING OF ME PARCEL HEREIN MSCRIBEO; THENCE ME FOLLOWING COURSES ALONG SAID MEAN HIGH WATER LINE AS LOCATED IN SVO SOVIET FILE NUMBER J292; SOUTH 23'3356' FAST 16.01 FEET; THENCE NORTH BT1026' EAST 14.78 FEET THENCE NORTH 8001'54' EAST JL 15 FEET, THENCE NORTH 65'28$5 EAST J5,44 FEET; THENCE NORM 46'3J29' FAST 46.74 FEET; THENCE NORM 3T42'18' EAST 11163 FEET THENCE NORM 23'JO'47' FIST 82.41 FEET; THENCE NORTH SSSJ'SJ' EAST 109.67 FEET; MENCE NORM J2'07'18' EAST 95.62 FEET THENCE NORTH 11'26'56' EAST 54.59 FEET; THENCE NORTH 7021''7' 6A5T 50.94 FELT THENCE SOUTH 8759'10' FAST 52.70 FEET; MENGE NORM 69'48'79" EAST 48.73 FEET. THENCE NORM 46'11'76' EAST 89.20 FEET; THENCE NORTH JSO6'25' EAST 49.88 FEET; THENCE NORM 24'J6'51' EASY 51.51 FEET; THENCE NORM 400656' EAST 2J.19 FEET; THENCE SOUTH 8015'14' EAST 770 FEET; THENCE NORTH 6106'10' EAST 31.47 FEET; THENCE NORTH 6646bJ' EAST 4.94 FEET; THENCE NORM 5J-J9 TO- EAST 115.74 FEET; THENCE NORM 39'13-48' EAST 161.60 FEET; THENCE NORTH 4000'J9- EAST 12J.75 FEET THENCE NORTH 42018' EAST 181.74 FEET; THENCE NORTH 44'00'47" FAST 114.74 FEET; THENCE NORTH 59'OO'15' FAST IJS.JZ FEET THENCE NORM 640943' EAST 9578 FEET; MENCE NORTH 5710'45' EAST 10L88 FEET. THENCE NORTH 620771' EAST I39.89 FEET; THENCE NORTH 55'17'05' EAST 75. 68 FEET; THENCE NORM 425270' EAST 117.87 FEET. THENCE NORTH 49V4'D" UST 24.53 FEET; THENCE LEAVING SAID MEAN HIGH WATER LINE, NORM 84'OJ'37' WEST 5JO.62 FEET, THENCE SCUM 46'4650' WEST 2197.56 FLFT, THENCE SOUTH 019670' FAST 651.99 FEET TO THE MEAN HIGH WATER LINE PER DEP MEAN HIGH WATFR SURVEY TILE 10788: THENCE THE FOLLOWING COURSES ALONG SAID MEAN HIGH WATER LINE. NORM 25'J9'IJ' TASF ZVOS6 FEET; THENCE NORTH 2719'27' UST 200.00 YTC, THENCE NORM J5'74'35' EAST 125.07 FEET TO THE POINT OF BEGINNING. CONTAINING 18.845 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATONS OF RECORD. BEARINGS ARE GRID BEARINGS BASED UPON THE FLORIDA STATE PLANE COORDINATE SYSTEM, LAS[ ZONE, NORTH AMERICAN DATUM OF 1983, 1999 AWUSTMENT. Pape 10 of 20 Papr F.,,..t No. JIIS1p en OR 4570 vc 16 gg a n �pKS��Ai3 i3��i��op� �a �� • °4 \��\ �{ig2 33 gpg 6�` [� a m1c C c� EEO 9' gill € .Y 0 a z� ba a Bl Aftaohmrnt A 11.p 11 or-a Pop. E. .;;m No. IO4M .. yew n. � GtLS111O \NOOD,YK = 'CN wol) z ors OR 1570 m 17 Allaahmml A Page ILo(- lKP1uut. FAMm.1 N0.4 a 0 i e OR 4570 PG 18 • r r A PARCEL OF SUBMERGED LAND Lmo M ME GULF OF MEXICO, LOCATED IN SECTIONS 6 R 7, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT FLORIDA DEPARTMENT OF NATURAL RESOURCES REFERENCE MONUMENT '64- 78 -A24' FOR A POINT OF REFERENCE; THENCE NORTH 20.O370' WEST J402,46 FEET 10 A CONCRETE MONUMENT, HENCE NORTH 60'18'59 WEST 69,19 FEET TO THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO AS LOCATED IN FLORIDA OEPARTUENT OF ENNRONMEMAL PROTECTION MEIN HIGH WATER SURVEY FILE NUMBER 3292 AND ME POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ME FOLLOWING COURSES ALONG SVO MEAN HIGH WATER ONE AS LOCATED IN SAID SURVEY FILE NUMBER 3292; NORTH 1378'38' WEST 12.9J FEET; THENCE NORM 08'12'56' WEST J8.83 FEET; THENCE NORTH 09'4950' EAST 22.58 FEET; THENCE NORM 42'14'50' FAST 72.22 FEET; THENCE NORM J6'40'1 I' EAST 8548 FEET, THENCE NORM 1721'02" EAST 21,49 FEET; THENCE NORM 2706'07' FAST 25.90 FEEF, THENCE NORTH 19'01'42' FAST 27.17 FEET. THENCE NORM 06'JO'18" WEST 22.69 FEET, THENCE NORM 41'4370' WEST 1119 FEET; THENCE NORTH 81'54'59' WEST 1046 FEET; THENCE NORM 270075' WEST 7,10 FEET; THENCE NORTH IJ7J'20" FAST 20,04 FEET, THENCE NORM 22'42'07' FIST 14.78 FEET, THENCE NORTH 02'4957' WEST 21.09 FEET THENCE NORTH 10'0051' WEST 55.91 FEET; THENCE NORM 41'44'44' WEST 40.71 FEET, THENCE NORTH 72'4858" WEST 35.33 FEET; THENCE SOUTH 24'71'44' WEST 27.10 FEET; THENCE NORTH 71'52'20' WEST 5.18 FEET. THENCE SOUTH 28'36'74' WEST 8.21 FEET, THENCE NORTH 61'03'59' WEST 7.08 FEET; THENCE NORM 21'3171' EAST 49.42 FEET; THENCE NORM 23'2528' EAST 4.143 FEET; THENCE SOUTH 69'33'JI' EAST ISM FEET THENCE SCUM 04'51'27' UST 6.13 FEET; THENCE NORM 64'2742' EAST 42.12 FEET; THENCE NORM 61'48'12' FAST 55.13 FEET TO ME END OF THE Y6AN RICH WATER LINE PER SVD MEAN HIGH WATER SURVEY FILE NUMBER J292; THENCE NORTH 75'0'12' WEST 14.72 FEET TO THE BEGINNING OF THE MEAN HIGH WATER LINE AS SHOWN IN SAID MEAN NIGH WATER SURVEY FILE NUMBER 0788; THENCE THE FOLLOWING COURSE$ ALONG SAID MIAN HIGH WAFER LINE PER SURVEY FILE NUMBER 0788: NORM 5976'75' FAST 20701 FELT; THENCE NORTH 5115'11" UST 19279 FEET; THENCE NORTH 65'J7'3J' EAST 22153 FEET; THENCE NORM 51-12'25' EAST 193.76 FEET; THENCE NORM 4701'06' FAST 18891 FEET, THENCE NORM 41'28'04' EAST J68.60 FEET; THENCE NORTH 46'4076 FAST 20185 FEET. THENCE NORTH 51'01'22' EAST 204.77 FEET; THENCE NORTH SJ'20'26' EAST 207.72 FEED THENCE NORTH 49'46'57' EAST 202.69 FEET; THENCE NORM 45'26'46 EAST 197,87 FEET, THENCE NORTH J9'1J'40' FAST 197,49 (CET; THENCE NMM 7527'47' EAST 200.97 FEET THENCE NORTH JI'J6'39' UST 200.04 FEET; THENCE MFNCF NORM 29'3754' EAST I6J.66 FEET. THENCE LEAVING SAID MEAN HICH WATER LINE, NORM 45'2!77' WEST 254.09 FEET, HENCE SOUM 49'3971' WEST W2099 FEET; THENCE SOUTH I6' 14'27' WEST 839.71 FEET; THENCE SOUTH 7745'37' EAST 32723 FEET TO ME POINT OF BEGINNING. CON /AIMING 36.787 ACRES MORE OR LESS SUBJECT TO EASEMENTS. R£SIRICTONS AND RESERVATIONS OF RECORD. BEARINGS ARE GRID BEARINGS EASED UPON ME FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1987, 1999 ADJUSTMENT. ,%i hn,,MA I'aRr �i of 20 P-m fa.mt N. JOUR BE M 4570 x 19 m �pq R Y 4 � I a N .111 Amrnl x P*R, i4 or) fAwwm N.: Hi � lip s�" 4 Ae9p5Y� �^S WHO � S��YgS �` RR ,Pp AI lilt i o {�i till! 4 15 'T1 �o z a Rig a� �p o V n� 1� 6� 1 E� 1 10 B `'m " 10B I OR 4570 M 20 o 'T] m v a Altochmrnl .. of ZO P.K. '"C7 fsrmmt Na 411.54R N N IV, _'t[' .NOiwmvo -n , mwsixo4rvwu me -a„7� I Olt 4570 PG 21 Ilk I x1pl,11111 Ili &kC _16q'9��6 kEE tys �'dYYdF.7�R S� all 9 wing aA8gge gal- • — r a'g39p�� tY�� $ p - kiG� R¢aR S � S �: 4• R m ICI I VORA ��HAJ Ili � � � ��AKCg � S �6 it IgR n € a Pw 54'g Y R a3 a 5 U C, 3K gA rn IN at �� ON �a5gg will All Peg x IN Ag pgpy c RgL9,pp Epp i S {/tl EppE 4gg4 �F9RAgg� °R� a O5yk 9�y OUR R Attaehment A 1'uge 16 0( 20 1'n¢es K.a .ent Na. 12ILN _ nrosmro �w000, ac d:SN .gym .v 'onn Olt 4570 P 22 Q fill- tipp e [ 1 bs a r ,�ImrhmrntA �? L Ng,_7of_10P.p" Ib Faarmrnt No. Jnc4p w AAm� � = OILVSIOpfi WOW OK wevwv. nmm�.. �a,�,� OR 4570 PG 23 111801,91 j 9 R F 4 Q' a 1x91a16NIX11 ,111 Ili ail11444 =II'ka@ g6g6q 9 Iy a5lf5 iINN.111i All Iii € A5$th �pilpl Ali F5� �4 a- F e a $• ar a �pgv $� � 8R¢�Q99 R g3ag� a a ��$4i a IRAg$g g #Q �� $ flFflF gR � ■k pR €€Yad��kR� SS � � � Se�ggz G §F�s�YR�S �19�g13 q� 33��$N��I�iJIjj444 �4'� ° + PHg $� R al I 1 4gg apgR�jy�¢@ R �a §@ ^' j Q\ p god 4 . \\ gp � n R n - ..... . \Iluthmrni I'uRe 1u of 10 Pnpru u 5bvmrnl No. 4IWR .•w,W0p0•nniRC ,.,.^m ,...o.�v -o�ixJ ms J Or 6 m m M 4$70 PG 24 a k ¢- R � a k v- A Ali I js9�jj p1p�IARI Ili All I jp.p��A 1431 ;Aj3 l Ili HE a lufi €110111 All §E OR 11111 �,qpg[ Al;l . a k R Y� a I €�0 pR�yR Y€ g �a R 144 a@ I■k 1 �� ICI s NO! ��1_xj ,.3i gi II16['o '1dpepgps2�y■}■},((a �epsp pea? $ yL sk[i �ak r " "tlLi� G aFg�t66�B g k ae AAYkbflg� @@t6R� 8 1!E YS Otto4c e '•. 1� Y q `•r `� Gr1y{�`77 !> I � C�7 /`a r. ram •4v. .f <E 6 A 9YYfpppjjj[(P� r'rnu.y. `rC` �` \0� � �yp� ��`•, S @y ov� I I � FAtlurhmenl.\ &� a�l'uRr,,Y .r 20 flnm l:uaemrnl N o. 40K H 1 uvasmatrmw,ac '� �wirm �roor+n -OJnf N.li IMU�M��ASIV nm. *r` OR 1570 m 25 • ** _ !O Pape Hof 30 Pope+ Fi.rmrnt No. 41KJR ! �e c9 0 4 t� t 109 -cRi Board of County Commissioners June 24, 2008 Agenda Item 10B Recommendation that the Board of County Commissioners determine whether Tourist Development Funds may be used to fund additional erosion control structures at Hideaway Beach. Handout: Page 1 — Erosion Control Project (subject of agenda item) Page 2 — Erosion Related Interim Shore Protection Project l � y � ...+ n9 f � , QB - cry 41q °o ho 0 hSrPLCf��,hCS 14, QP� O 9S TL Q/C 9� PROPOSED PROJECT AREA 877' (TOTAL LENGTH) LINEAL FEET OF REVETMENT INCLUDING TWO 20' LONG RETURN WALLS (APPROXIMATELY) / POINT OF INTERSECTION ECL /MHW N 594445.37, E 412291 .84 , (FOR REFERENCE ONLY) $ CP -A �� CP -H gip, ELECTRIC (APPROX.).� WATER (APPROX) /(APPROX) ONE 0X_) W /CP -D 75' C P -T O� 0 SCALE: 1 120' A { NOTES: I. PHOTOGRAPH TAKEN ON MAY 15, 2008. 2. VEGETATION TO BE CLEARED WITHIN LIMITS OF REVETMENT. CP -G -'- ----- EXISiML ADEQUATE CLEARANCE FOR CONSTRUCTION PURPOSES. EDGE UI CP -H PAWMI NT 3 ELEVATIONS IN FEFT BASED ON A SURVEY BY DAGOSTINO 4 WOOD INC. CONDUCTED ON APRIL 23, 2008 REFERENCING THE NAVD'88 VERTICAL DATUM. w 4. UTRITY LOCATIONS ARE APPROXIMATE. 5. APPROXIMATE PROPERTY BOUNDARY LINES ARE BASED ON s!s COLLIER COUNTY PROPERTY APPRAISER'S WEBSITE APPROXIMATE 6. PROPERTY BOUNDARY TO BE FIELD LOCATED BY SURVEYOR PROPERTY t } BOUNDARY LINE 7. COORDINATES BASED ON HAD 83 FLORIDA EAST k I \\ jL F! 71 La 0 > ! PI- C) 0 LL C: a) El L U L m 7D 0 W 0 Q 0 n /'L �� / �« a. �� « \� � � « r ' : \ � � � \\ i � � a« � � � \\ �~ . \ � \ / -: cy� \� � \ \ � yam: .: : ? \� � �� \�} : � < /� / ��\ »�� 106 -c9.. 0 � � .� � 2 � 3 » 3 S � 3 U 2 � c S 2 � � 3 � 3 � S r) >1 � � 2 � N G) C) 7- Q U � .7 0 3 3 Ile O E / O e Q � � Q Q r- / �� / 'cf \ k I / ° ± 2 o ƒ 2 ¥ a = / 3/. 7 e o 2// OL / \ / / ƒ f / � ƒ \ 5 » o ± _./ 2 j / / � // e E g g j— g e s $ ) $ 0 / J 3 / / ./ /.In CL QL / / \ f / / LLI 100 -CR l00-0"R r i r �L _a .'R D� LOA I lei — vo I YI I ff I 11 108 — CV2, 108 -CI ! Li.! 10 B -c[` 1s- 1 0;- ,,tote; 29 20C: Katie t,Aaiin- C nstruction Project ivlan' aQof Hideaway Beach Association !Ilc 25C1 Snuth Sewach Drive "iiarco island FL X34145 RE: 2007 Logtger';iead Sea "f'urtle Nesting and H-?Ariai;ng n- asvra tear ms. Mlaline Loggerhead yea i 4ftle <asun 1 38 =,n ,ar)d 1 ik t I. ",an?l you and u1" i-11J".^'a vay Beach Assoclauori .for -Ine �;i!gent ;end conscientious cooperation it-i resident education, lighting cor plian „e and sea turtde Plutectior?, aideawa'y's beach was nesting and hatching habitat for approximately one third I'larco Island's 41 nests this year. With no lighting compliance issues or disorientations occurring the local success of sea tulde toatclrlings rnai'jng their way to the Gul "f o f due by ) oui effort£. Thank you again for your partiership to ensure this tnrer t ned species continues t ,nha} it and enha aC,; ORIGINAL DOCUMENTS CHECKLIST &ROUTING SLI Joe I' 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- d.n.., � I:nn rhmnuh rnneno Goes dl throoph 44. comnlete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date Contact appropriate. (Initial) Applicable.) Agenda Date Item was 2. — = 10C Approved by the BCC 3. Type of Document 4. Number of Original One Attached 02 —lq(q Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners contracts, agreements, etc. that have been fully executed by all parties except the BCC 6. Minutes and Records Clerk of Court's Office Chairman and Clerk to the Board and possibly State Officials.) 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 mI Name of Primary Staff Robert Bosch, ROW Coordinator, TECM Phone Number 252 -5843 Contact appropriate. (Initial) Applicable.) Agenda Date Item was June 24, 2008 Agenda Item Number 10C Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original One Attached 02 —lq(q Documents Attached INSTRUCTIONS & CHECKLIST I. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 136.05, 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.) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and 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 Nilson 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 6/24/08 (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 136.05, Revised 2.24.05 I0C t C.: o per County TRANSPORTATION DIVISION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT INTEROFFICE MEMORANDUM TO: Board Minutes and Records DATE: June 24, 2008 FROM: Robert Bosch, ROW Coordinator — TECM (Tel. 252 -5843) SUBJECT: Resolution 2008 -q_'t Collier Blvd. Proj. No. 60001/ Davis Blvd. Proj. No. 60073 Please execute the attached Condemnation Resolution (Resolution # 2008 -Lqgand return one standard copy and two certified copies for my attention to the Transportation ROW Department at 2885 S. Horseshoe Dr., Naples, FL 34104. Please do not record this document in the Public Records of Collier County. Project No: 60073 Fund / Cost Center: 334 - 163654 Copy Code: 651210 Thank you, Robert Bo�ch 10 G ) . MEMORANDUM Date: June 27, 2008 To: Robert Bosch Right -of -Way Coordinator Transportation Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -199 Authorizing Condemnation for Easement Interests Project #60073 and Project #60001 Per your request you will find enclosed one (1) copy and two (2) certified copies of the document referenced above (Agenda Item #10C), adopted by the Board of County Commissioners on June 24, 2008. The Minutes and Records Department has retained the original resolution for the official records of the Board. If you should have any questions, please call me at 252 -8406. Thank you. Enclosures (3) K ),0 10C RESOLUTION NO. 2008- 199 A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE AND /OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF SIX LANING AND ASSOCIATED IMPROVEMENTS TO COLLIER BOULEVARD FROM SOUTH OF DAVIS BOULEVARD TO GOLDEN GATE MAIN CANAL. (PROJECT NO. 60001). WHEREAS, the Board of County Commissioners (Board), on February 23, 1999, adopted Ordinance No. 99 -14 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Capital Improvement Element of the Growth Management Plan is amended annually to identify public facilities required during the next five years; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 89 -05, and amended most recently in Ordinance No. 07 -80; and WHEREAS, the widening of Collier Boulevard from south of Davis Boulevard to Golden Gate Main Canal (Project No. 60001) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the expansion of Collier Boulevard from south of Davis Boulevard to Golden Gate Main Canal (hereinafter referred to as "the Project ") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is an integral part of the County's long range planning effort, and is included in the Transportation Element of the 10 C Ai t, 4, 0 County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the Project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible locations for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board to acquire various real property interests described in Exhibit "A ". AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff and Office of the County Attorney are hereby authorized and directed to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the real property interests more particularly described in Exhibit "A," attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution, adopted on this —�'Wi - day of Tu't`s , 2008, after motion, second and majority vote. ATTEST: DWIGIdTE. 'ARC9 K, CLERK Approved as to form and leg sufficiency: Ellen T. Chadwell Assistant County Attorney BOARD OF C UNTY C MMISSIONERS OF COLLIE OUN FLORIDA By TOM HENNING, CHAIRMAN -Page 2- item # Agendt �D% Date �+4 -��Q Date I Recd w Z w U W U K w E 0 U U u7 m 200 z goo Y C) O k U w MU a�a zo I I I I III I I I I � I L I = I I 0 i I I I I I I I I I � L SECTION 34 SECTION 3 0 0) az J , M N Y n Parcel 109 FEE FEE SIMPLE INTEREST PARCEL 109/FEE I I G to v W 1 m � G_ W J O U U z Of u< GO w a m 3 m O W . mU a�daa zp PARCEL l09 FEE L1 POB I N0509'E 00 L —106.6 —T- SECTION 35 DAVIS BOULEVARD ioosi�— SECTION 2 POC W% 25 50 f0a 200 GRAPHIC SCALE LINE TAME LINE LENGTH Lt 20.00 L2 2249 L3 1500 SKETCH & DESCRIPTION OF PARCEL A PORTION OF SECTION 34, TOWNSHIP 49 S., RANGE 26 E., ('.0T.T.TFR rr)TTNTMv IT 1— , A portion of Section 34, Township 49 South, Runge 26 East, Collier County, Florida. Also being a portion of those lands described in official Records Book 699, page 1723 of the Public Records of Collier County, Florida, Being more particularly described as follows: Commencing at the southeast corner of Section 34, Township 49 South, Range 26 East, Collier County, Florida; thence North 89'44'01" West along the South line of sold Section 34 a distance of 100.67 feet; thence North , 00'15'59" East, a distance of 5C.0C feet to the southeast corner of those lands described in Official Records Book 699, page 1723 of the Public Records of Collier County, Florida, said point also being the intersection of the North right —of —way line of Davis Boulevard and the West right —of —way line of Collier Boulevard and the POINT OF BEGINNING; thence North 89'44'01" West along the North right —of —way line of sold Davis Boulevard and the southerly boundary line of described lands, . a distance of 20.00 feet; thence North 49'26'32" East, a distance of 22.49 feet to a point on the West right —of —way line of said Collier Boulevard and the easterly boundary line of said described lands; thence South 11'13106° East along said West right —of —way line and easterly boundary line, a distance of 15.00 feet to the POINT OF BEGINNING. Containing 147.07 square feet, more or less EXHIBIT A pa.,of NOTES: 1. This is not a survey. 2. Basis of bearing is the East line of Section 34, Township 49S., Range 26E„ Collier County, Florida, being N 00'29'29" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43, 7. R/W represents Right —of —Way, B. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records, 11. L.B.E. represents Landscape Buffer Easement, 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement, 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. C i DAVID J. HYAT , P,S. OR THE FIRM) FLA. LIC. NO. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL ° RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. WilsQnMiller �`��`� P�nvr. eV+.� . g[pyy . 9+,yq, . WAkMMHMrch . Rnpa��M CmMaM. wleoM4den tnc. a+ur: awns en xw o-r„t, e.nxo. nq., rou.wusmor. mn rssa.ae. �, acm+.w . wea. a�tea m ao PuQT tt GCS00 TMO DJH 1C -49 ' O11At M Rim I0 N8015 —SOU -001 1C -49 Nov 26, 2007 — 10:43:39 T""RNEIX: \SUR \collier blvd \CH""" \iC- 49 \iC_49— p122dag I I I ��I W N w U w vi U w 0 O m , O 00 Z g10o Y � � O ^ M W g a Z o a 5o SECTION 34 SECTION 3 J I 1 0 M 1 Z N O Yf` row Porcel lag TC£ I 01 I W N � O D M W J J U N co Z < w m u_ O m a m 3 1 N 0) N ¢m J Q Z o_ zo PARCEL 109TcE L I N00'f 5'59•'E Po6 I� 50.00• Nas4a'o1 "w SECTION 35 DAVIS BOULEVARD 120.67 SECTION 2 POC EMPORARY CONST UCTION EiSEMENT DURATION � YEARS, MOM 6% LINE LINE LENGTt a zs so 10o xo0 Ll 7.65 GRAPHIC SCALE L2 31,08 L3 5.74 L4 22.49 SKE'T'CH & DESCRIPTION OF PARCEL A PORTION OF SECTION 34, TOWNSHIP 49 S., RANGE 26 E., COLLIER COUNTY PLAPTnA BEAR GCS00 TMO DJH 1C -49 rmaK�l nut N6015 -SOU -001 EXHIBIT /1 Page? of PARCEL I67T-CE A portion of Section 34, Township 49 South, Range 26 East, Collier County, Florida. Also being a portion of those lands described in Official Records Book 699, page 1723 of the Public Records of Collier County, Florida. Being more particularly described as follows: Commencing at the southeast corner Section 34, Township 49 South, Range 26 East, Collier County, Florida; thence North 89'44'01" West along the South line of said Section 34, a distance of 120.67 feet; thence North 00'15'59" East, a distance of 50.00 feet to a point on the North right -of -way line of Davis Boulevard said point also lying on the South line of those lands described in Official Records Book 699, page 1723 of the Public Records of Collier County, Florida, also being the POINT OF BEGINNING; thence North 89'44'01" West along the North right -of -way line of said Davis Boulevard and the southerly boundary line of said described lands, a distance of 7.65 feet; thence North 49'26'32" East, a distance of 31.08 feet to a point on the West right- of -woy line of Collier Boulevard and the easterly boundary line of said described lands; thence South 11'13'06" East along said West right -of -way line and said easterly boundary line, a distance of 5.74 feet; thence South 49'26'32" West, a distance of 22.49 feet to the POINT OF BEGINNING. Containing 133.99 square feet, more or less. NOTES: 1. This is not a survey. 2. Basis of bearing is the East line of Section 34, Township 49S., Range 26E., Collier County, Florida, being N 00'29'29° W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way, B. P.O.B. represents Point of Beginning, 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records, 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement, 13. F.P.L.E. represents Florida Power & Light Easement, 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E, represents Public Utility Easement. DAVID J. AT , P.S. R THE FIRM) FLA. LTC. N0. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wils¢nMiller fNwn . by�,n. Emppy . 9y,yn�, . LL'4pwtMSty, . R✓ pxM1tls CaMVA waeormov., Inc. !lEEr OIUM7p MOIX NR 1C -49 Nov 28, 2007 - 10:44:51 TOSOOftNE %: \SUR \collier blvd \CH2MHIll \1C- 49 \1C- 49- P722,dwg Parcel 1 (0 FEE —fur— NI z TOLLGATE di IMMERCIAL ` �\ Q CENTER P SE TWO 1 w m n (P.B. 18, P S, 23 -24) 0s O N W p U N w 1 ¢¢ m¢ TRACT 5 J 3 m 3 TRACT 6 0 O bm 7.5' D.E.- - CO N- W PARCEL IIO FEE X7.5 D.E. J 569'4532 'E 165.36' - S69.56'17'W 155.16' — — — — POB SECTION 34 SECTION 35 SECTION 3 SECTION 2 DAVIS BOULEVARD LINE TABLE LINE LENGTH BEARING L1 14.25 1 N45'46'06 "W L2 8.98 1 SOO'03'48 "E 0 25 50 100 GEMISIT A FEE SIMPLE INTEREST P89@ 3 Of �l PARCEL 110 FEE NOTES: A portion of Tract 5, Tollgate Commercial 1. This is not a survey. Center Phase Two, as recorded in Plat 2. Basis of bearing is the East line Book 18, pages 23 -24 of the Public of Section 34, Township 49S., Range 26E., Collier Records of Collier County, Florida. Being County, Florida, being N 00'29'29" W, Florida more particularly described as follows: State Plane Coordinates NAD 83/90, East Zane. Beginning at the southeast corner of said Tract 5 said point also lying on the 3. Subject to easements, reservations and North right -of -way line of Davis Boulevard; restrictions of record. thence South 89'56'12" West along the 4. Easements shown hereon are per South line of said Tract 5 and said North plat, unless otherwise noted. right -of -way line, a distance of 155.16 feet to a point on the southwest line of 5. Dimensions are in feet and decimals said Tract 5 said point also lying on the th thereof. northeasterly right -of -way line of said 6. Certificate of authorization LB 43. Davis Boulevard; thence North 45'46'06" West 7. R/W represents Right -of -Way. along said southwest line and said 8. P.O.B. represents Point of Beginning. northeasterly right -of -way line, a distance 9• P.O.C. represents Point of Commencement. of 14.25 feet; thence South 89'43'32" 10. O.R. represents Official Records. East, a distance of 165.36 feet to 11. L.B.E. represents Landscape Buffer a point on the East line of said Tract 5; 12. U E. thence South 00'03'48" East along said represents Utility Easement. 13 F.P.L.E. represents East line, a distance of 8.98 feet to the Florida Power & Light Easement. POINT OF BEGINNING. 14. D.E. represents Drainage Easement, 15. S.E. represents Sidewalk Easement. Containing 1,514.38 square feet, more or 16. P.U.E. represents Public Utility Easement. less. C DAVID J. HYA P.S. OR THE FIRM) FLA, LIC. NO 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER �utmnwL &DESCRIPTION OF PARCEL This is NOT a Survey. SKETCH A PORTION OF INIISQnMiller° SECTION 35, TOWNSHIP 49 S., RANGE 26 E., "�^ ^•i•� nm • .r. �.„. COLLIER COUNTY, FLORIDA Whorm r, hc. aMwn m awan m ow fac neaaT sswr GCS00 TMO DJH 1C -49 N6015-SOU-001 I 1C 9 Ilk -49 Nov 28, 2007 – 10:43:53 TOSECRNEIX: \SUR \collier blvd \CH2MHill \1C- 49 \1C- 49– P123.dwg NI o fZ a w M � v_ I 0 o N N' M �; m N a= Q� m - W N � Z U SECTION 34 SECTION 3 Parcel I LOTcE TOLLGATE ( MMERCIAL CENTER P SE TWO (P.B. 18, P 23 -24) I TRACT 5 TRACT 6 7.50' Parcel ItQ IGC S 943'32"E 170.52' !2 Aa•a ll9 w ifi5.36'_ L7 - SECTION 35 SECTION 2 L -7.50' D.E. POs POC DAVIS BOULEVARD Poc EXHIBIT A Page -L 0_ LINE TABLE LINE LENGTH BEARING L1 8.98 NO '03'48 "W L2 7.20 N45'46'06 "W L3 5.00 S00'03'48 "E PARCEL I LO TCE' A portion of Tract 5, Tollgate Commercial Center Phase Two, as recorded in Plat Book 18, pages 23 -24 of the Public Records of Collier County, Florida. Being more particularly described as follows: Commencing at the southeast corner said Tract 5; thence North 00'03'48" West along the East line of said Tract 5, a distance of 8.98 feet to the POINT OF BEGINNING; thence North 89'43'32" West, a distance of 165.36 feet to a point on the southwest line of said Tract 5 said point also lying on the northeasterly right -of -way line of Davis Boulevard; thence North 45'46'06° West along said southwest line and said northeasterly right -of -way line, a distance of 7.20 feet; thence South 89'43'32" East, a distance of 170.52 feet to a point on the East line of said Tract 5; thence South 00'03'48" East along said East line, a distance of 5.00 feel to the POINT OF BEGINNING. Containing 839.71 square feet, more or less. �y,KTUH & DE: A PORTION SECTION 35, COLLIER COT TEMPORARY CONSTRUCTION EASEMENT DURATION 2 YEARS. OF PARCEL - OF TOWNSHIP 49 S., RANGE 26 E., GCS00 TMO I DJH I 1C -49 N8015-SOU-001 I to w� as Cp D ") O 0 m 0 25 50 100 2pp GRAPHIC SCALE NOTES: 1. This is not a survey. 2. Basis of bearing is the East line of Section 34, Township 49S., Range 26E., Collier County, Florida, being N 00'29'29" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements Shown hereon are per plot, unless otherwise noted, 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. H ATT,1. (FOR THE FIRM) FLA. LIC. 0. 583 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT e Survey. WilsonMiller ° nn.,.epwr.. cawys. gr,�..•i..a,;y,.wvmm ., ,n,,.m,wwRVa WAeorV.lRar; fic r..an w.ryA. a,ya Hmrm�. m.. _ rrrow.pp. ru is -rmroRr . uroa.....,r !lEF� DWNM III NO: C -4D wo�mvyn:�DUrc�colller b1vd \CH2MK11 \1C- 49 \1C- 49 —P723, dwg Ln 0 Z of w W N a M 3 m N m N O Z Z I a- N W O j [n � K W J 0 U Parcel 111 FEE TOLLGATE Q f MERCIAL CENTER PI SE TWO (P.B. 18, P S. 23 -24) i 7.5' D.E. �l f 7.5' D.E. i 189'43'32 "E 105. 1 POB 589'56'12 "W 105, SECTION 35 SECTION 34 - SECTION 2 SECTION 3 DAVIS BOULEVARD LINE TABLE LINE LENGTH BEARING L1 8.98 00'03'48 "W L2 8.36 SOO'16'28 "W' FEE SIMPLE INTEREST PARCEL 111 FEE A portion of Tract 6, Tollgate Commercial Center Phase Two, as recorded in Plat Book 18, pages 23 -24 of the Public Records of Collier County, Florida. Being more particularly described as follows: Beginning at the southwest corner of said Tract 6; thence North 00'03'48" West along the west line of said Tract 6, a distance of 8.98 feet; thence South J J 89'43'32" East, a distance of 105.21 TRACT 6 feet; thence South 00'16'28" West, a m distance of 8.36 feet to a point on the south line of said Tract 6 said point also lying on the North right —of —way line of said Davis Boulevard; thence South 89'56'12" West along said South line, a distance of 105.16 feet to the POINT OF BEGINNING. Containing 911.75 square feet, more or less. EXHIBIT 0 25 50 100 200 GRAPHIC SCALE NOTES: 1. This is not a survey. 2. Basis of bearing is the East line of Section 34, Township 49S., Range 26E., Collier County, Florida, being N 00'29'29" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. it. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement, 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. HY TT, (FOR THE FIRM) FLA. LIC. N 5 34 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER REV. IREVISED TO CHANGE PARCEL NAME 01/10/08 CH2MHILL This is NOT a SllTVey. SKETCH & DESCRIPTION OF PARCEL 111 FEE A PORTION OF WilsonMiller SECTION 35, TOWNSHIP 49 S., RANGE 26 E., COLLIER COUNTY FLORIDA VW 000e D m W" ft GCS00 TMO gDJH CADI rN� 6015 -a S0 U -001 111 FEEOF X 1C -49 Jan 10. 2008 - 13:5312 TOSBORNEIx \SUR \cooler blvd \CH2MHill \iC- 49 \1C- 49- P124.dwq w° t- o: a�c� J J J J TRACT 6 m 1ARCEL 111 FEE 21 N 0 25 50 100 200 GRAPHIC SCALE NOTES: 1. This is not a survey. 2. Basis of bearing is the East line of Section 34, Township 49S., Range 26E., Collier County, Florida, being N 00'29'29" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. it. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement, 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. HY TT, (FOR THE FIRM) FLA. LIC. N 5 34 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER REV. IREVISED TO CHANGE PARCEL NAME 01/10/08 CH2MHILL This is NOT a SllTVey. SKETCH & DESCRIPTION OF PARCEL 111 FEE A PORTION OF WilsonMiller SECTION 35, TOWNSHIP 49 S., RANGE 26 E., COLLIER COUNTY FLORIDA VW 000e D m W" ft GCS00 TMO gDJH CADI rN� 6015 -a S0 U -001 111 FEEOF X 1C -49 Jan 10. 2008 - 13:5312 TOSBORNEIx \SUR \cooler blvd \CH2MHill \iC- 49 \1C- 49- P124.dwq NI Z w m 0 0 N' a DO 3 m m N b 0 2 SECTION 34 SECTION 3 uT rn I Of N U. w SO Cc Of w J O U POD Parcel 111 TCE TOLLGATE C MMERCIAL CENTER P SE TWO (P.B. 18, P SI, 23 -24) II 5 7.50' D.E. -I i- L -7.50' D.E. 110.24' DAVIS BOULEVARD SECTION 35 SECTION 2 LINE TABLE LINE LENGTH BEARING L1 8.98 N00.03'48 "W L2 5.00 N00.03'48 "W L3 13.36 SOO'1 '28 "W L4 5.00 N89'43'32 "W L5 8.36 N00' 1 6'28" E PARCEL 111 TCE A portion of Tract 6, Tollgate Commercial Center Phase Two, as recorded in Plat Book 18, pages 23 -24 of the Public Records of Collier County, Florida. Being more particularly described as follows: Commencing of the southwest corner of said Tract 6; thence North 0903'48" West along the West line of said Tract 6, a distance of 8.98 feet to the POINT OF BEGINNING; thence continuing along said West line North 00'03'48" West, a distance of 5.00 feet; thence South 89'43'32" East, a distance of 110.24 feet; thence South 00'16'28" West, a distance of 13.36 feet to a point on the South line of said Tract 6 said point also lying on the North right -of -way line of Davis Boulevard; thence North 89'43'32° West along said South line and said North right -of -way line, a distance of 5.00 feet; thence North 00'16'28" East, a distance of 8.36 feet; thence North 89'43'32" West, a distance of 105.21 feet to the POINT OF BEGINNING, Containing 592.94 square feet, more or less. TEMPORARY CONSTRUCTION EASEMENT DURATION 3 YEARS. I TRACT 5 Parcel 111 TCE E ROB 105.21 • ..y La - - POC J IT 6 of ll (1 i w° a� � w J J J � O� M 0 25 SO 100 200 GRAPHIC SCALE NOTES: 1. This is not o survey. 2. Basis of bearing is the East line of Section 34, Township 49S., Range 26E., Collier County, Florida, being N 00'29'29" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of outhorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainoge Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. �J DAVID J. HYAT , P. .j / (FOR THE FIRM) FLA. LIC. NO. 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER REVA REVISED TO CHANGE PARCEL NAME AND BEARINGS IN DESCRIPTION 01/10/08 CH2MHILL This is NOT a Survey, SKETCH & DESCRIPTION OF PARCEL111 TCE A PORTION OF Wilsomiller SECTION 35, TOWNSHIP 49 S., RANGE 26 E., COLLIER COUNTY, FLORIDA W1°°"o°'h rau caxl olewln sn a.ao er Gn rars Fea�acr Mo r+¢r o1w.a MoEx Ha ncK GCS00 TMO D7H IC -49 N0015 -SOU -001 111 TCEOF X IC -49 )an 10. 2008 - 13:57:46 1OSBORN EIX. \SUR \collier bi, d \CH2MHIll \iC- 49 \1C- 49- P724.dwg UNPLATTED LAND O.R. BOOK 2797 PAGE 3287 MAGNOLIA POND DRIB Parcel 112 FE 0 N Z N J � O O Y M w gmQ z a Do Parcel 112 FEE z w m 0 0 N V) n I cC() ,w �3 l POC SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF FEE SIMPLE SECTION 34 INTEREST SECTION 34 SECTION 35 PARCEL 112 FEE SECTION 34 SECTION 35 A Portion of Section 34, Township 49 South, Range 26 East, Collier County, Florida. Also being a portion of those lands described In Official Records Book 2825, page 3107 of the Public Records of Collier County, Florida. Being more particularly described as follows: Commencing at the southeast corner of the northeast quarter corner of said Section 34; thence North 00'29'21" West along the East line of said Section 34, a distance of 1,352.49 feet; thence South 89'30'39" West, a distance of 100.00 feet to the intersection of the West right -of -way line of Collier Boulevard and the South right -of -woy line of Magnolia Pond Drive also being the northeast corner of said described lands and the POINT OF BEGINNING; thence South 00'29'21" East along said West right-of-way line and the easterly boundarly line of said described lands, a distance of 17.39 feet; thence continuing along said West right -of -woy line and said easterly boundary line South 04'43'31" West, a distonce of 307.93 feet; thence North 00'29'26° West, a distance of 323.17 feet to a point on the South right -of -way line of said Magnolia Pond Drive and the northerly boundary line of said described lands; thence North 87'42'52" East along said South right -of -way line and said northerly boundary line, a distance of 28.01 feet to the POINT OF BEGINNING. Containing 4,766.64 square feet, more or less. REV.1 REVISED TO CHANGE PARCEL NAME AND DESCRIPTION TYPOS 01/10/08 CH2MHILL LINE TABLE —, LINE LENGTH BEARING L1 17.39 SOO'29'21 "E L2 1 28.01 N87'42'52 "E EXHIBIT Page � of 12 0 25 50 100 200 GRAPHIC SCALE NOTES: 1. This is not a survey. 2. Basis of bearing Is the East line of Section 34, Township 49S., Range 26E., Collier County, Florida, being N 00'29'21" W, Florida State Plane Coordinates NAD 83/90, East Zone, 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records, 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. r DAVID J. HY T, (FOR THE FIRM) FLA. LIC. N 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 112 FEE A PORTION OF Wilsonmller SECTION 34, TOWNSHIP 49 S., RANGE 26 E., a,*-', " - COLLIER COUNTY FLORIDA , .mofY,M ar ao. NpM /beam ®. qv� sMHOC.IU iFIPw. wbs'nrs„ru„ TASK CODE DRAWN BY: CHKED BY: CAD FILE PRQIECT NO: SHEET DRAWING INDEX N0: REV: GCSOO TMO DJH 1C -49 N6015 -SOU -001 112 FEEOF X IC -49 Jan 10, 2008 - 14:08:07 T0S80RNEIX: \S1JR \collier blvd \CH2MHll \1C- 49 \1C- 49- P125.dwg Parcel 112 TCE UNPLATTED LAND N O.R. BOOK 2797 z PAGE 3287 a M � o a MAGNOLIA POND DRIVE I I m 13//- 3 589'30'39 "W 3 L1I 100.00' NNpNp N N O O Z Parcel 112 TCE 1 m / a I// N 0 I M Q 3 z O N q m m n b 01 N O C, CA u E J < � j I m \ 0 a7 of Of z W z Y M W /IU J m C- N / 0_ Y a J Z n TEMPORARY I %ONSTRUCTtON EASEM DURATION YEARS. POO SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34 SECTION 34 SECTION 35 PARCEL 112 TCE SECTION 34 SECTION 35 A Portion of Section 34, Township 49 South, Range 26 East, Collier County, Florida. Also being a portion of those lands described in Official Records Book 2825, page 3107 of the Public Records of Collier County, Florida. Being more particularly described as follows: Commencing at the southeast corner of the northeast quarter corner of said Section 34; thence North 00'29'21" West along the East line of said Section 34, a dis tonce of 1,352.49 feet; thence South 89'30'39" West, a distance of 100.00 feet to the intersection of the West right -of-way line of Collier Boulevard and the South right -of -woy line of Magnolia Pond Drive said point also being the northeast corner of said described lands; thence South 87'42'52" West along said South right -of -way line and the northerly boundary line of said described lands, a distance of 28.01 feet to the POINT OF BEGINNING; thence South 00'29'26" East, a distance of 323.17 feet to o point on the West right -of -way line of Collier Boulevard said point also lying on the easterly boundary line of said described lands; thence South 04'43'31" West along said West right -of -way line and said easterly boundary line, a distance of 55.00 feet; thence North 00'29'26" West, a distance of 377.78 feet to a point on the South right -of -woy line of said Magnolia Pond Drive said point also lying on northerly boundary line of said described lands; thence North 87'42'52" East along said South right -of -way line and said northerly boundary line, a distance of 5.00 feet to the POINT OF BEGINNING. EXHIBIT N Page of I Z LINE TABLE LINE LENGTH BEARING L1 28.01 S87'42'52 "W L2 55.00 SO4' 3'31 "W L3 5.00 N87'42'52 "E 4 0 25 50 100 200 GRAPHIC SCALE NOTES: 1. This is not a survey. 2. Basis of bearing is the East line of Section 34, Township 49S., Range 26E., Collier County, Florida, being N 00'29'29" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. 1 represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records, 11. L.B.E. represents Landscape Buffer Easement, 12. U.E. represents Utility Easement. 11 F.P.L.E. represents Florida Power & Light Easement, 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. c"r /rFl N [_ DAVID J. HYATT P.S.b THE FIRM) FLA. LIC. NO. 834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER Containing 1,752.38 square feet, more or less. REV.1 LREVISED TO CHANGE PARCEL NAME AND DESCRIPTION TYPOS 01/10/08 This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 112 TCE A PORTION OF Wilsomiller � SECTION 34, TOWNSHIP 49 S., RANGE 26 E., L-b " - °°°`^� COLLIER COUNTY, FLORIDA �` FYI MR M80. /yry.lb'YlR61ID.Ifv. LIMM.IU aRIWM. Mbb �.bOl,rmil TASK GCS DRAWNOBY, ICHKm BY: CAD FILL, PROJECi15OSOU -001 SHFfI'CE DMWICO49 INDEX N0: REV: Jan 10, 2008 - 14:47:19 TOSBORNEIX: \SUR \collier blvd \CH2MHill \10- 49 \1C- 49- P725,dwg SECTION 27 SECTION 34 z 0 N m a f w m LINE TABLE LINE LENGTH BEARING L1 7.38 S00'29'21 "E L2 14.22 N89'07'01 E L3 7.21 N89'30'39 "E z 4 a' 0 E u A it w 10 hC POC Parcel 113 FEE _s87"�4'3 "W SF TION26_ -- 1GO 04' SE_TION_35. 1 ROB EXHIBIT Pa o [� Parcel 113 CITY GATE BLVD. N. N z 0 0 art N U 0% O N NOTES; f U UI C? N °a1 J ^ N � Q wo 0 row Li gmQ ado. County, Florida, being N 00'29'29° W, Florida �o U FEE SIMPLE z INTEREST ' z 4 a' 0 E u A it w 10 hC POC Parcel 113 FEE _s87"�4'3 "W SF TION26_ -- 1GO 04' SE_TION_35. 1 ROB EXHIBIT Pa o [� Parcel 113 CITY GATE BLVD. N. N M art N m 0% NOTES; 0 � mo N 2. Basis of bearing is the East line of Q Section 34, Township 49S., Range 26E., Collier Li a County, Florida, being N 00'29'29° W, Florida O U S87'42'5T'W MAGNOLIA POND DRIVE 75.54' N z a w m V_ 0 3 N Ot N z PARCEL 113 FEE A portion of Section 34, Township 49 South, Range 26 East, Collier County, Florida. Also being a portion of those lands described In Official Records Book 2797, page 3287 of the Public Records of Collier County, Florida. Being more particularly described as follows: Commencing at the northeast corner of said Section 34; thence South 87'54'38" West along the North line of said Section 34, a distance of 100.04 feet to a point on the West right -of -way line of Collier Boulevard said point also being the northeast corner of said described lands; thence South 00'29'21" East olong said West right -of -way line and the easterly boundary line of said described lands, a distance of 7.38 feet to the POINT OF BEGINNING; thence continuing along said West right -of -woy line and the easterly boundary line of said described lands South 00'29'21" East, a distance of 1,269.65 feet to the intersection of said West right -of -way line and the North right -of -woy line of Magnolia Pond Drive said point also being the southeasterly corner of said described lands; thence South 87'42'52" West along the North right -of -way line of said Magnolia Drive and the southerly boundary line of said described lands, a distance of 75.54 feet; thence North 44'30'34" East, a distance of 78.14 feet; thence North 00'48'07" West, a distance of 354.58 feet; thence North 89'07'01" East, a distance of 14.22 feet; thence North 00'25'02" West, a distance of 552.10 feet; thence North 00'28'38" West, a distance of 309.98 feet; thence North 89'30'39" East, a distance of 7.21 feet to the POINT OF BEGINNING. Containing 16,532.91 square feet or 0.3795 acres, more or less. I 0 25 50 100 200 �-- GRAPHIC SCALE NOTES; 1. This is not a survey. Z ° 2. Basis of bearing is the East line of Section 34, Township 49S., Range 26E., Collier a County, Florida, being N 00'29'29° W, Florida w ^ State Plane Coordinates NAD 83/90, East z Zone, w� U a 3. Subject to easements, reservations and w < restrictions of record. m 4. Easements shown hereon are per plat, a unless otherwise noted. w 5. Dimensions are In feet and decimals thereof. U 6. Certificate of authorization LB 43. 7. R/W represents Right -of-Woy. B. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S,E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. THE FIRM) I NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER REV. 1 LREVISED TO CHANGE PARCEL NAME AND DESCRIPTION TYPOS 01/10/08 This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 113 FEE A PORTION OF WilonMiller SECTION 34, TOWNSHIP 49 S., RANGE 26 E., COLLIER COUNTY, FLORIDA TASK CODE DRAWN Bf: CHKm Bh CAD FILE; PROJECT N0: SHEET DRAWING li NO: RM. GCS00 TMO DJH 1C -49 N6015- SOU -001 113 FEEOF X LC -49 Jan 10, 2008 - 14:46:51 TOSBORNEIX: \SUR \collier blvd \CH2MHill \iC- 49 \1C- 49- P126.dwg POD Parcel 107.45' SECTION 27 58754_ SECTION 34 u LINE TABLE LINE LENGTH BEARING L1 7.17 S02'05'22 "E L2 14.22 S89'07'01 "W L3 7.30 587'42'52 "W L4 15.00 N88'52'43 "E L5 16.87 N89'34'58" E Parcel 113 TICE on Gz on J N � � Y M wo mow 5ma n�a �o TEMPORARY ISTRUCTIDN EAS RATION 1 L3 MAGNOLIA POND DRIVE z 4 N N F w a W -9 113 TCE SE TION 26 SE _T ION 35__ EXHIBIT A Page Icy 6f ff I I I � KA I z I CITY GATE_ _ BLVD. N. i I I w z I o4 In I a r. �h w I z z w p U U I wa I � _ I w Y Em od w a I � U U II I I I I REVA REVISED TO CHANGE PARCEL NAME AND DESCRIPTION TYPOS 01 /10/08 CHWILL PARCEL 113 TCE A portion of Section 34, Township 49 South, Range 26 East, Collier County, Florida, Also being a portion of those lands described in Official Records Book 2797, page 3287 of the Public Records of Collier County, Florida. Being more particularly described as follows: Commencing at the northeast corner of said Section 34; thence South 87'54'38° West along the North line of said Section 34, o distance of 107.45 feet; thence South 02'05'22" East, a distance of 7.17 feet to the POINT OF BEGINNING; thence South 00'28'38" East, a distance of 309.98 feet; thence South 00'25'02" East, a distance of 552.10 feet; thence South 89'07'01" West, a distance of 14.22 feet; thence South 00'48'07" East, a distance of 354.58 feet; thence South 44'30'34" West, a distance of 78.14 feet to a point on the North right -of -way line of Magnolia Pond Drive sold point also lying on the southerly boundary line of said described lands; thence South 87'42'52" West along said North right- of -woy line and sold southerly boundary line, a distance of 7.30 feet; thence North 44'30'34° East, a distance of 63.37 feet; thence North 00'29'18" West, a distance of 185.91 feet; thence North 01'07'17" West, a distance of 195.01 feet; thence North 88'52'43" East, a distance of 15.00 feet; thence North 00'25'02" West, a distance of 846.38 feet; thence North 89'34'58" East, a distance of 16.87 feet to the POINT OF BEGINNING. Containing 21,580.73 square feet or 0.4954 acres, more or less. a 25 50 100 200 GRAPHIC SCALE NOTES: 1. This is not a survey. 2. Basis of bearing is the East line of Section 34, Township 49S., Range 26E., Collier County, Florida, being N 00'29'21 W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement, 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement, G DAVID J. HYA P. .(FOR THE FIRM) FU. UC. NO, 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 113 TCE I u7 A PORTION OF m SECTION 34, TOWNSHIP 49 S., RANGE I COLLIER � 3 O of TASK CODE J CHKFD 9Y; CAD FILE: PROJECT NO: mC° DRA NO INDEX NO: REV: MOO N TMO DSH 1C -49 D' 113 TCEOF X 1C -49 w J J C) U L4 E N O VI 0 4 WI z z m a Z w N Im q N in W o N m' m E 3 � u, b I N N � KA I z I CITY GATE_ _ BLVD. N. i I I w z I o4 In I a r. �h w I z z w p U U I wa I � _ I w Y Em od w a I � U U II I I I I REVA REVISED TO CHANGE PARCEL NAME AND DESCRIPTION TYPOS 01 /10/08 CHWILL PARCEL 113 TCE A portion of Section 34, Township 49 South, Range 26 East, Collier County, Florida, Also being a portion of those lands described in Official Records Book 2797, page 3287 of the Public Records of Collier County, Florida. Being more particularly described as follows: Commencing at the northeast corner of said Section 34; thence South 87'54'38° West along the North line of said Section 34, o distance of 107.45 feet; thence South 02'05'22" East, a distance of 7.17 feet to the POINT OF BEGINNING; thence South 00'28'38" East, a distance of 309.98 feet; thence South 00'25'02" East, a distance of 552.10 feet; thence South 89'07'01" West, a distance of 14.22 feet; thence South 00'48'07" East, a distance of 354.58 feet; thence South 44'30'34" West, a distance of 78.14 feet to a point on the North right -of -way line of Magnolia Pond Drive sold point also lying on the southerly boundary line of said described lands; thence South 87'42'52" West along said North right- of -woy line and sold southerly boundary line, a distance of 7.30 feet; thence North 44'30'34° East, a distance of 63.37 feet; thence North 00'29'18" West, a distance of 185.91 feet; thence North 01'07'17" West, a distance of 195.01 feet; thence North 88'52'43" East, a distance of 15.00 feet; thence North 00'25'02" West, a distance of 846.38 feet; thence North 89'34'58" East, a distance of 16.87 feet to the POINT OF BEGINNING. Containing 21,580.73 square feet or 0.4954 acres, more or less. a 25 50 100 200 GRAPHIC SCALE NOTES: 1. This is not a survey. 2. Basis of bearing is the East line of Section 34, Township 49S., Range 26E., Collier County, Florida, being N 00'29'21 W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement, 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement, G DAVID J. HYA P. .(FOR THE FIRM) FU. UC. NO, 5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 113 TCE A PORTION OF WilsonMiller SECTION 34, TOWNSHIP 49 S., RANGE 26 E., COLLIER COUNTY, FLORIDA TASK CODE DRAWN B(: CHKFD 9Y; CAD FILE: PROJECT NO: SHEET DRA NO INDEX NO: REV: MOO TMO DSH 1C -49 N6015- SOU -001 113 TCEOF X 1C -49 .Ion 10. 2008 - 14:21:53 T0S30RNEIX: \SUR \collier blvd \CH2MHill \1C- 49 \iC- 49- P726.dwg SECTION 27 SECTION 34 Parcel P (R]�'�W- NON -EXCL M7 0 r` Z J N 00 UU w 0 0 5ma duo_ z 5o CH2MHILL ° Iz a m ° N a m 3 N m N O 10 z Parcel 114 DE CHIBIT go I ( of l 2 4 SECTION 26 —If SECTION 35 r 20' C.A.E.J 0 O yu z POB A � D Lt Z) S O A � 0 m 114 DE L31 MOM 0zM USP/E n m 0 I 'I ° N 725' L.B.E. u) m 3 o or J OJ O Cf N W O U _ _CITY GATE BLVD. N. I z 0 a a' I w � z z U L) ° wa U . :2 m I oa w a U U PARCEL 114 DE A portion of Lot 2, City Gate Commerce Center Phase One, Plat Book 41, pages 6 -7 of the Public Records of Collier County, Florida. Also being a portion of Section 35, Township 49 South, Range 26 East, Collier County, Florida. Being more particularly described as follows: Beginning at the northwest corner of sold Lot 2, thence North 89'30'55" East along the North line of said Lot 2, a distance of 22.00 feet; Thence leaving said North line South 00'29'21" East, a distance of 32.09 feet; Thence South 89'30'34" West, a distance of 22.00 feet to a point on the East right -of -way line of Collier Boulevard; Thence North 00'29'21" West along said East right- of -woy line, a distance of 32.09 feet to the POINT OF BEGINNING. Containing 706 square feet or 0.0162 acres, more or less. LINE TABLE LINE LENGTH BEARING L1 22.00 N89'30'55 "E L2 32.09 S00.29'21 "E L3 22.00 S89'30'34 "W L4 32.09 N00'29'21 "W 0 25 50 100 2D0 GRAPHIC SCALE NOTES; 1. This is not a survey. 2. Basis of bearing is the West line of Section 35, Township 49S., Range 26E., Collier County, Florida, being N 00.29'21" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43, 7. R/W represents Right -of -Way. 8. P.0.8. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement, 12. U.E. represents Utility Easement, 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. C.A.E. represents Canal Access Easement, 16. P.U.E. represents Public Utility Easement. DAVID J. HY�P. (FOR THE FIRM) FLA. LIC. N0�5834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH PORTIONS OF LOTH 2,S CITY PARCEL A GATE COMMERCE WilonMiller CENTER PHASE ONE, P.B. 41, PGS. 6 -7, COLLIER COUNTY, FLORIDA TASK CODE DRAWN BY: CHKED BY: CAD FILE PROJECT NO: SHEET DRAWING INDE7( NO: REV: GCS00 TMO DJH 1C -49 N6015 -SOU -001 114 DE OF X LC -49 Feb 14, 2008 - 10:31:46 TOSBORNEIX: \SUR \collier blvd \CH2M Hill \1C- 49 \1C -49 —P 114 —DEAd g SECTION 27 SECTION 34 Parcel 115 DE EX i81T A iz of (� SECTION 26 L SECTION 35 20' C.A.E. O Par gel 115 DE PE N244EXCL41VE POB EME111 0 IN Z cb 5h- CO W Y N W p O w 5mQ duo_ z �o CH2MHILL Z z Go Q 0 N an an 3 N N 0 0 Z 1 n n Ca Z n Th n > 0 m rn 0 I z 70 � �mm r 0 -y N I 725' L.B.E. I CITY GATE BLVD. N. a% U � o � �o m 0 N Li Li J 0 O U C' i 0 a w I Z Z W o 0- (3 ww wa :5 m O U a a 0 H PARCEL 115 DE A portion of Lot 1, City Gate Commerce Center Phase One, Plat Book 41, pages 6 -7 of the Public Records of Collier County, Florida. Also being a portion of Section 35, Township 49 South, Range 26 East, Collier County, Florida. Being more particularly described as follows: Beginning at the southwest corner of said Lot 1, thence North 0929'21" West along the East right -of -way line of Collier Boulevard, a distance of 38.19 feet; thence leaving said East right -of -way line North 89'30'34' East, a distance of 22.00 feet; Thence South 00'29'21" East, a distance of 38.19 feet to a point on the South line of said Lot 1; Thence South 89'30'55" West along sold South line, a distance of 22.00 feet to a point on said East right -of -way line and the POINT OF BEGINNING. Containing 840 square feet or 0.0193 acres, more or less. LINE TABLE LINE LENGTH BEARING L1 22.00 N89'30'34 "E L2 38.19 S00'29'21 "E L3 22.00 S89'30'55" W L4 38.19 N00'29'21 "W 0 25 50 100 200 GRAPHIC SCALE NOTES; 1. This is not a survey. 2. Basis of bearing is the West line of Section 35, Township 49S., Range 26E., Collier County, Florida, being N 00'29'21" W, Florida State Plane Coordinates NAD 83/90, East Zone, 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 43. 7. R/W represents Right -of -Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. C.A.E, represents Canal Access Easement. 16. P.U.E. represents Public Utility Easement. DAVID J. HYAT P. S. M, OR THE FIRM) FLA. LIC. NO, 834 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. SKETCH & DESCRIPTION OF PARCEL 115 DE A PORTION OF LOT 1, CITY GATE COMMERCE WilsonMiller CENTER PHASE ONE, P.B. 41, PGS. 6 -7 COLLIER COUNTY FLORIDA W' TASK CODE DRAWN EIY: CHKED BY; CAD FILE I PROJECT NO: SHEET DRAWING INDEX NO: REV: GCSOD TMO DJH IC -49 N6015 -SOU -001 115 DE OF X I IC-49 Feb 14, 2008 - 09'.28:27 T0SB0RNEIX: \SUR \collier blvd\ CH2MHill \1C- 49 \iC- 49- P115- DE.dwg ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP O + TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO * .f 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, andhrr 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 Filso (I' #5 Route to Addressee(s) (List in routing order) Office n Initials ne ). Date 1. appropriate. (Initial) Applicable) 2. - Agenda Item Number 10H 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4... -. - Resolution Number of Original One 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, ROW Coordinator, TECM Phone Number 252 -5843 Contact appropriate. (Initial) Applicable) Agenda Date Item was June 24, 2008 Agenda Item Number 10H Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHF.CKT.ICT I Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03 -04, Revised 1- 20.0.5, Rcvued 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 b the Office of the Count Attorney. This includes signature Y y y� g 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 ecissibly 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 6/24/08 (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. I Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03 -04, Revised 1- 20.0.5, Rcvued 2.24.05 1 0 H , a Co e-r County TRANSPORTATION DIVISION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT INTEROFFICE MEMORANDUM TO: Board Minutes and Records DATE: June 24, 2008 FROM: Robert Bosch, ROW Coordinator —TECM (Tel. 252 -5843) SUBJECT: Resolution 200JOPLASIP Phase 1B North Project No. 51101 Please execute the attached Condemnation Resolution (Resolution # 2008^ — nd return one standard copy and two certified copies for my attention to the Transportation ROW Department at 2885 S. Horseshoe Dr., Naples, FL 34104. Please do not record this document in the Public Records of Collier County. Thank you f� Robert Bosch ION MEMORANDUM Date: June 27, 2008 To: Robert Bosch Right -of -Way Coordinator Transportation Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -200 Authorizing Condemnation for Easement Interests Project #51101 Phase 1B North (LASIP) Per your request you will find enclosed one (1) copy and two (2) certified copies of the document referenced above (Agenda Item #I OR), adopted by the Board of County Commissioners on June 24, 2008. The Minutes and Records Department has retained the original resolution for the official records of the Board. If you should have any questions, please call me at 252 -8406. Thank you. Enclosures (3) 10H I RESOLUTION NO. 2008- zoo A RESOLUTION AUTHORIZING THE CONDEMNATION OF THOSE PERPETUAL AND TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF STORMWATER IMPROVEMENTS KNOWN AS PHASE 1B NORTH OF THE LELY AREA STORMWATER IMPROVEMENT PROJECT LOCATED IN EAST NAPLES (CAPITAL IMPROVEMENT ELEMENT NO. 291, PROJECT NO. 51101). WHEREAS, the Board of County Commissioners desires to improve the treatment and control of stormwater in the East Naples Area in order to alleviate flooding; and WHEREAS, the Lely Area Stormwater Improvement Project consists of improvements to an existing drainage system for an 11,100 acre plus or minus area located in East Naples, of which Phase 1B North (hereinafter referred to as the "Project ") is a part; and WHEREAS, the drainage improvements as part of the Project include the expansion of an existing canal, installing new surface water control structures (weirs and culverts), constructing canal maintenance pathways on either side of the canal, and installing sewer lift stations, gravity lines and sewer force mains; and WHEREAS, the Lely Area Stormwater Improvement Project (CIE Project No. 291) is in accordance with both the Capital Improvement Element and Drainage Sub - element of the Growth Management Plan; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn the property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that it is necessary and in the public's best interest to acquire the property described in Exhibit "A" (the "Property ") for the purpose of constructing the improvements proposed as part of Phase 1B North of the Lely Area Stormwater Improvement Project located in East Naples, and for providing access to the improvements, in order to protect the health, safety and welfare of the citizens of Collier County. 10H a,Jt4v AND IT IS FURTHER RESOLVED that acquisition of the Property and construction upon the Property is part of the County's long range planning effort to alleviate flooding in the East Naples area. AND IT IS FURTHER RESOLVED that the Board has reviewed the staff reports concerning alternative locations for the Project, various impacts to the environment, public safety and welfare considerations associated with the design and construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project; and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that the real estate interests described in Exhibit "A" attached hereto and incorporated herein are necessary for the construction of Phase 113 North of the Lely Area Stormwater Improvement Project. AND IT IS FURTHER RESOLVED that all of the Property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation, in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the real property interests more particularly described in Exhibit "A ", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the Property and therefore it will not be necessary to remove any mobile homes from the Property to be acquired. This Resolution, adopted on this 2 4-Tlf day of second and majority vote. ATTEST: DWIGHT E. BROCK, Clerk , r �fJ cc. �u, a t1� oAl M Approveq,as to fgrM at d _ legal sufficiency: Ellen T. Chadwell Assistant County Attorney Condemnation Resolution Page 2 2008, after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, Chairm Item # IQ� Agenda Date Date Recd Deputy d} 10 Hr PROJECT: N0, PROJECT PARCEL NMrt� TAX. PARCEL N0. ---� Pte-. � ,. Of �� SECTION 79, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF �m -efj— IVv.l2SDa ,4� NORTHEASTERLY RIGHT -OF -WAY LINE OF U.S. 41 vi J Q I¢ vrvlMt /vOMENT MOST SOUTHERLY CORNER OF TRACT M CURVE DELTA Cl 74'00'57" C2 9125'52° LINE TABLE LINE LENGTH BEARING Li 50.27 S 3859'10" E n L2 61.20 S 48'08'38" W 13:18 13,15 srR4 D6 TRACT M"—.... qM DR. (PRIVATE LELY GOLF' ESTATES ROAD) TRACT MAP (P, B. 8, PG. 20) 13 0 0 13,7 (O.R. 2485, PG. 627) SIC PARCEL 128 DAticF Proposed Drainage, Access NON'DCC 6 Maintenance Easement , L2 AREA-2,14.2 SQ. FT, f NTEN CE EASE '� 341.80' 6 h DRAINAGE EASEMENT SECTION 19, TWP. 50 S. RGE, 26 E CURVE TABLE RADIUS ARC 18.78 24.26 45.00 71 81 PREPARED BY. ■rrr■ AAAA rrur GNOLI rrn■ EDER urrr■ & RrRrr■ ■rrrrr RUNDAGE,wc, Profesaionttl engineers, pianners k land survs o� celllrr count,,: sa14 Eoo, 4e count}: eW4 lol, low Bea � hw' NottLi Nryln, fyl. 3410! GenllaaG of 1¢(paruaLLOa Nor.. }g art' lart (G41)SD }_3111 3364 ana � Syy�4 "' n SSwl (¢41)33} -3311 TRACT L 12 LELY GOLF ESTATES TRACT MAP (P.B. 8, PG. 20) CHORD CHORD BEARING 22.61 S 8032'50" E 64.43 S 84'42'06" E SHEET 1 OF 2 BY: GUY P. ADAMS, P,S,M, Np, 4390 SCALE. --2 = 1� DRAWN BY: JAN DATE: ARCH �a CHECKED BY: CPA PROJECT NO,: FILE NO:-_L22_2_ ACAD NO: 828g_ ,99R 101 �, PROJECT: N0. PROJECT PARCEL N0: TAX PARCEL N0.�i+tiie --;� pa -Z _-- SECTION 19, TOWNSHIP 50 SOUTH, RANGE COLLIER COUNT }' FLORIDA 26 EAST " `O4 NON -EXCLL SrvE ��, DRAINAGE AND LEGAL . DESCRIPTION MAINTENANZj EASEMENT Proposed Drainage, Access 6 Maintenance Easement PARCEL 128 �Rn�� THAT PORTION OF TRACT M OF LELY GOLF ESTATES, TRACT MAP, FLORIDA, PLAT BOOK $ PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FL AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; AS RECORDED COMMENCE AT THE MOST SOUTHERLY CORNER OF SAID TRACT THENCE. NORTH 38.59'10" WEST ALONG THE SOUTHWESTERLY FOR A DISTANCE OF 100" FEET TO THE POINT H BEGINNING OF THE GOLF ESTATES, DESCRIBED PARCEL OF LAND; LINE OF SAID TRACT M, THE HEREINAFTER THENCE COONT IN SOUTHERLY 8 HAVING WgEST 115.24 FEET TO ANGLE CONCAVE 74 '00 OU RADIUS OF THE ARC OF q DISTANCE OF 22.61 FEET CHORD BEARING SOUTH 80 '32R 0" ET A CENTRAL 38'53'1 E EAST 50.27 FEET TO ARC HE BEGINNING OF EAST A CHORD NORTHERLY 4 26 FEET, THENCE SOUTH HAVING A RADIUS OF 45.00 FEET A CURVE CONCAVE 91 25'52 ", A CHORD BEARING SOUTH 84'42'06" A CENTRAL ANGLE OF OF 64.43 FEET, AN ARC DISTANCE OF 71.81 FEET-To HECNORTHWESTERLY LINE OF A 100' WIDE DRAINAGE EASEMENT- THENCE SOUTH TO THE POINT OF BEGINNING. Containin 48eet m" WEST less. FEET g Z,Il42 Sq. reetJ more or Less. PREPARED By; wxxxx a.■ °'• Nola ••, "■ - 04/10/06 — SHEET 2 OF EER & BY: n...r UNDAGE, . GUY P. q Prataneloml en6l Gaz �$, P,S�— P nnnen, SCALE- N0. 4390 ma; iffid eaa n utoa DRAWN BY: ">�+.•u.� xo.. �°�"a �.e.; n moot ui,°,1� -uii CHECKED BY: DATE:_ MAR�7R S hnwtkae -ettt FILE N0: rPa PROJECT NO.: n ACAD NO; _ 82g9 -828 10H PROJECT: N0. 599 PROJECT PARCEL N0: SF Page Of .2 TAX PARCEL N0. 13 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF SLOPE EASEMENT (NOT A SURVEY) NORTHEASTERLY RIGHT —OF —WAY LINE OF U.S. 41 vi J Q Q T OF M a LO PARCEL 1"2$bAj -(,r o Proposed Drainage, h Access 6 Maintenance co Easement n 0 0 POINT OF / COMMENCMENT MOST SOUTHERLY CORNER OF TRACT M CURVE DELTA Cl 89'03'34" C2 91'2552" C3 74'00'57" PREPARED BY: J LINE TABLE , LINE LENGTH BEARING ,app Li 43.00 S 51'00 "50" W L2 67.19 N 3859'10" W L3 28.02 N 41'51'22 " W L4 50.27 S 38'59'10° E 5G` 91 V44t'F 164.0— --- 1 S7&tAM ��, (PRIVATE TRACT M" "•'• ............. ROAD) LELY GOLF ESTATES ......... ............. TRACT MAP (P. B. 8, PG. 20) 13 0 13.7 CURVE TABLE (0. R. 2485, PG. 627) RADIUS ARC PARCEL .1 18 SE 1 kl'kzrd-AL I11UA!'Oy-i LufCv& /IE EAS(CM C- N r ' 23.84 AREA =3,325 SQ. FT. t 45.00 71.81 100' DRAINAGE EASEMENT SECTION 19, TWP. 50 S., RGE. 26 E. Professiansl engineers, planners, k land Surveyors c.ut.. c "user sma zoo, 7a r.w. nw, norw; s.,1w, n uloe (Sages -su1 1.. c =uuc,,: auu. 1s1. mss s.uao aw.p r.e xp.,, n a3am (,agS37 -3111 aa[tl -- xo.. L 3eµ ,na n 3eea 7— (Salgee -M, SHEET 1 OF 2 BY: GUY P. ADAMS, P.S.M. NO. 4390 SCALE: 1' 3= 100' DRAWN BY: JMM DATE: OCT. 3. 2006 CHECKED BY: GPA PROJECT NO.: 7599 -1 FILE N0: 8269 ACAD NO: 13289_ 528 TRACT L 12 LELY GOLF ESTATES TRACT MAP (P.B. 8, PG. 20) CURVE TABLE RADIUS ARC CHORD CHORD BEARING 17.00 26.42 23.84 N 83'30 "57" W 45.00 71.81 64.43 S 84'42'06" E 18.78 24.26 22.61 S 80'32 "50" E Professiansl engineers, planners, k land Surveyors c.ut.. c "user sma zoo, 7a r.w. nw, norw; s.,1w, n uloe (Sages -su1 1.. c =uuc,,: auu. 1s1. mss s.uao aw.p r.e xp.,, n a3am (,agS37 -3111 aa[tl -- xo.. L 3eµ ,na n 3eea 7— (Salgee -M, SHEET 1 OF 2 BY: GUY P. ADAMS, P.S.M. NO. 4390 SCALE: 1' 3= 100' DRAWN BY: JMM DATE: OCT. 3. 2006 CHECKED BY: GPA PROJECT NO.: 7599 -1 FILE N0: 8269 ACAD NO: 13289_ 528 PROJECT: NO. 7599 PROJECT PARCEL N0: _I� TAX PARCEL NO. 13 10H 4. 40 P" -L- of _2 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION P*'ePr-TctA1- AIOnB— r�CLVSyvr SLnPw �qS � 1e� PARCEL I I- g S F THAT PORTION OF TRACT M OF LELY GOLF ESTATES, TRACT MAP, AS RECORDED IN PLAT BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHERLY CORNER OF SAID TRACT M, LELY GOLF ESTATES, THENCE NORTH 38 °59'10" WEST ALONG THE SOUTHWESTERLY LINE OF SAID TRACT M, FOR A DISTANCE OF 215.32 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE LEAVING SAID SOUTHWESTERLY LINE RUN EASTERLY ALONG THE ARC OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 18.78 FEET, A CENTRAL ANGLE OF 74'00'57 ", A CHORD BEARING SOUTH 80 °32'50" EAST A CHORD DISTANCE OF 22.61 FEET, AN ARC DISTANCE OF 24.26 FEET; THENCE SOUTH 38'59'10" EAST 50.27 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 45.00 FEET A CENTRAL ANGLE OF 91 '25'52 ", A CHORD BEARING SOUTH 84'42'06" EAST A CHORD DISTANCE OF 64.43 FEET, AN ARC DISTANCE OF 71.81 FEET TO THE NORTHWESTERLY LINE OF A 100' WIDE DRAINAGE EASEMENT, THENCE NORTH 41'51'22" WEST 28.02 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 17.00 FEET A CENTRAL ANGLE OF 89 °03 "34 ", A CHORD BEARING NORTH 83'30'57 "WEST A CHORD DISTANCE OF 23.84 FEET, AN ARC DISTANCE OF 26.42 FEET THENCE NORTH 38'59'10" WEST 67.19 FEET; THENCE SOUTH 51'00'50" WEST 43.00 FEET TO THE POINT OF BEGINNING. PREPARED BY: MEN E . ■ ■■ ■■■■■ ■■■■■ HER & uuo :::::: UNDAGE,w9. Professional engineers, planners, & land surveyors cows. COUay: swu 999, 709 1w so.i f* w No .w: x vr.., n "" (9417.19'1 -9111 lae ComlT 8WU 101, 1625 Hen 1bv. PoR Yren, rf. 99901 (Y{Q994 -9ll1 CerU aW of AUMG U.nau No.. LB 90M . d ® 9eµ r¢ (940"4 -8909 BY: SCALE:_N.T4 -^ DRAWN BY: JMM_ CHECKED BY:, gRA FILE NO. 8289 SHEET 2 OF 2 DATE:. OCT. 3. 2008 PROJECT NO.: 7599 -1 ACAD NO: 8209 -528 TRACT M LELY GOLF ESTATES TRACT MAP PB 8, PG 20 ff TEMPORARY CONSTRUCTION EASEMENT DURATION 2. YEARS. Title: PARCEL 128TCE Scale: 1 inch = 80 feet I File: LASIP 128TCE.des BE EXHIBIT 4 Pap of 2 Date: 06 -03 -2008 Tract L 2.522 Acres: 109866 Sy Feet: Closure = n46.3434e 0.03 Feet: Precision = 1/43885: Perimeter =1334 Feet 001= s41.5831 e 300 003= n39.0620w 361.75 W5, Lt, K�70, n c=IW.06 002=s48.0129w 341.80 ooa k5, R-558,01, n,�- Ong -n58- 0129e. Chd= 16323 Hern59,2936. C Td =166,20 DESCRIPTION OF PARCEL NO. 128TCE That portion of Tract M of LELY GOLF ESTATES, TRACT MAP, as recorded in Plat Book 8, page 20, of the public records of Collier County, Florida, and more particularly described as follows: Commence at the Northeast comer of said Tract M, LELY GOLF ESTATES, and run South 89 °32'18" West along the North line of said Tract M, for a distance of 457.44 feet; thence South 28 °33'33" West 527.00 feet to a point of curvature of a curve concaved to the Northwest; thence along the Arc of said curve having a radius of 970.00 feet, a central angle of 19 °27'56 ", a chord bearing South 38 °17'31" West a chord distance of 327.96 feet, a distance of 329.54 feet; thence South 48 °01'29" West 400.00 feet to the Point of Beginning of the hereinafter described parcel of land; thence South 41 °58'3 l" East 300.00 feet; thence South 48 °01'29" West 341.80 feet to a point lying on the Northeasterly right -of -way line of U.S. #41; thence along the Northeasterly right - of -way line of U.S. #41 North 39 °06'20" West 361.75 feet; thence leaving the said Northeasterly right -of -way line run 166.83 feet along the arc of a curve concaved to the Southeast having a radius of 558.01 feet and subtended by a chord having a bearing of North 59 °27'36" East and a chord length of 166.20 feet to the point of reverse curve; thence run 164.06 feet along the are of a curve concaved to the Northwest having a radius of 470.00 feet and subtended by a chord having a bearing of North 58 °01'29" East and a chord length of 163.23 feet to the Point of Beginning. 4-0L16 0. %5'ICS- V&8000?' PROJECT: NO. PROJECT PARCEL N0: To, TAX PARCEL NO. 13. 7— pEixHISIT /-j O -f l0H SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY. FI nRln A 13.15 TRACT M- -I............ LELY GOLF ESTATES TRACT MAP (P. B. 8, PG. 20) 0 13 0 0 TEMPORARY CONSTRUCTION EASEMENT PR DURATION 2 - YEARS. f✓ o0 5 13.18 PEPPERWOOD CONDO Phase 1 POINT OF s 4sro1'2s w BEGINNING 200.00 VALLEY STREAM DR. (PRIVATE ROAD) ....................... (0. R. 925, 2 PG. 254) 13.6 v w ° co w rn I::E PARCEL t29T'cE DOSED 10' T.C.E. SOUTHEASTERLY I D' TIN 42 00,00' TE I 200.00 DRAINAGE EASEMENT 13.12 SECTION 19, TWP. 50 7(P-B- TRACT L LELY GOLF ESTATES 1 2 TRACT A TRACT MAP Y GOLF ESTATES (P. B. 8, PG. 20) TRACT MAP 8, PG. 20) PREPARED BY ••rrr �u /41 ■rr■ •••■ /Uo ADDED BEARINGS SHEET 1 ■rrrr N, OF 2 uo■ ■•••• ➢ER & 01/11/06 BY: rrrur ■rrrr■ oua UN➢AGE- 10' T.C.E. GUY P. ADAMS, P.S. — '-- M. N0. Proleeefonel eng7aeere, plennen k lead surveyors °°'LV ewna emr W, ,mo x.mi.mt rnu, 03/27/06 -- SCALE: 4390 DRAWN x xw>•, rt, "to (wtMc, -uu ftiu toi, teaa am""'tr«'. sssst (c.,)",_,t„ "°° x°""°e`'°" m BY: .IAN DATE: Jtll CHECKED BY: '� —G2A PROJECT NO.: 75- FILE N0: 82.fl2_ — ACAD NO: 8 8q -7 9 EXHIBIT 10H Page 7 of 2? PROJECT: NO. 7599 PROJECT PARCEL Np —« TAX PARCEL NO. 13 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 129 i c-E- THE SOUTHEASTERLY 10 FEET OF THE FOLLOWING DESCRIBED LAND; THAT PORTION OF TRACT M, LELY GOLF ESTATES, TRACT MAP, RECORDED IN PLAT BOOK 8, PAGE 20, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, DESCRIBED AS, COMMENCE AT THE NE CORNER OF SAID TRACT AND RUN S 89° 32'18" W ALONG THE NORTH LINE OF SAID TRACT M FOR 457.44 FEET, THENCE RUN S 28 °33'33" W FOR 527.00 FEET TO A POINT OF CURVATURE, THENCE RUN 329.55 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 970.00 FEET AND SUBTENDED BY A CHORD HAVING A BEARING OF S 38617',31" W AND A LENGTH OF 327.96 FEET TO A POINT OF TANGENCY; THENCE RUN S 48 °01'29" W A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING (POB) OF THE DESCRIBED LANDS, FROM THE POB, RUN S 48 °0129" W FOR 200.00 FEET, THENCE RUNS 41 °58'32" E FOR 300.00 FEET, THENCE RUN N 48001'29 E FOR 200, 00 FEET; THENCE RUN N 41-58',31 " W FOR 300.00 FEET TO THE POB. Containing 2,000 Sq. Feet more or less. TEMPORARY CONSTRUCTION EASEMENT DURATION _ 2 YEARS. BEARINGS ARE BASED ON THE LELY GOLF ESTATES 1R PREPARED BY: PLAT BOOK 8, PAGE 20, COLLIER COUNTY, FLORI C MAP r■o °rr GNO � ■rm uur rrn■ ARHER & u■rr■ rr ■ru ■'�r�■ RUNDAGE,.o, Proleeaional engineers, p]anners, & land surveyors C°Wae C°uyE,� gyro r01, 10, 1{00 T°ml°mr nw, xyrtE� x.e� «, n as,oa (str)ec1 -airs L• c °mbi gWb , tesa a.ya., et«,4 r °rt rTm, n ylspi (Y!])aa1 -urr 0.vW1°°4 °f 1eWoM,°n°a Ny°. 18 agµ ayd ®„� T «� (wi)aee -ssw 10' T. C. E, SHEET 2 OF 2 BY: UNAWN BY: DATE: ,i i Y 16 ?00� CHECKED B �-7 PROJECT NO.: 7599-1 FILE NO:� ` ACAD NO: 89g9-7-2'q EAHIBITo- Ion Page of= PROJECT: NO. PROJECT PARCEL N0:� TAX PARCEL N0.1? SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ".,�v ivv( H �uKVtY TEMPORARY CONSTRUCTION EASEMENT DURATION YEARS. /0 - i VALLEY STREAM DR, PEPPERWOOD : CDNDO Phase 1 Phase II POINT OF S 48'0129" W N 200.00 (PRIVATE ROAD) .............................. g (O.R. 497, o TRACT M PG. 889) ° LELY GOLF ESTATES TRACT MAP (P.8. 8, PG, 20) 13.12 3.10 — — — — — — — — I I SOUTHEASTERLY 10' I I - - - - -- J�— PARCEL ►.30 "Tco N 48 0.00 E — - 2000.00 - _- - - - - -- PROPOSED 10' T.C.E. DRAINAGE EASEMEN' SECTION 19, TWP 12 TRACT L LELY GOLF ESTATES TRACT MAP (P. B. 8, PG, 20) 0 S., RGE. 26 E. TRACT A LELY GOLF ESTATES TRACT MAP (P. B. 8, PG. 20) 'PREPARED BY: 08/21/06 ADDED BEARINGS .... 'ter■ GNOLI ' ■ ■■r■ 01 /11 ■ur■ ■r ■ ■■ DER & mr��r` 10' T.C.E. ■ ■ ■ ■■■ r ■ ■r■■ UNDAGE,m. iProleeaional eagineere, planneza k land anrve ore 03 27 Of 'Ca WC. Cnaa(,� east. 101, IM'loo" hW, Norlh� H.ylx, R, a{10E (W {j6i1 —.]131 L. Coaat,,; Ball. iol, 1LEa'o.. atnet, }art 0.rLLfle.to of lvlhorf..LLoa No.. Ip aaea a w�' n DWI d ® Jaa{ }.o� (p{t)a0a.pypa FA i i i i SHEET 1 OF 2 BY: GUY P. ADAMS, P.S.M. NO. 4390 SCALE: 1" = 100' DRAWN BY:_ JAN DATE: I Y 16 00 CHECKED BY: GPA PROJECT NO.: 7 as —t FILE NO:— ACAD NO: —5289-7,30 r"HIBIT2L Page � Of a� 10 L r7 PROJECT: NO. g PROJECT PARCEL N0: c� TAX PARCEL N0. 13,12 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PROPOSED 10 FOOT LEGAL TEMPORARY CONSTRUCTION EASEMENT PARCEL 1'30 i C>_ THE SOUTHEASTERLY 10 FEET OF THE FOLLOWING DESCRIBED LAND; COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT M LELY GOLF ESTATES, AND RUN S 89732'18" W, ALONG THE NORTH LINE OF SAID TRACT M, FOR 457,44 FEET; THENCE RUN S 28733'33" W, FOR 527.00 FEET TO A POINT OF CURVATURE; THENCE RUN 329.55 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 970.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF S 38' 17'31" W, AND A LENGTH OF 327.96 FEET TO A POINT OF TANGENCY AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE RUN S 48'0129" W, FOR 200.00 FEET; THENCE RUN S 41-58'31" E, FOR 300.00 FEET; THENCE RUN N 48'01'29" E, FOR 200.00 FEET; THENCE RUN N 41858'31" W, FOR 300.00 FEET TO THE POINT OF BEGINNING. Containing 2,000 Sq. Feet more or less. TEMPORARY CONSTRUCTION EASEMENT DURATION 2 YEARS. BEARINGS ARE BASED ON THE LELY GOLF ESTATES TRACT M f PREPARED BY: PLAT BOOK 8, PAGE 20, COLLIER COUNTY FLORIDA . ■ ■. •� ■� kER l Mumma 01/11/06 BY: ■■■■■ ■ ■ ■■■ ��ONO 10' T.C.E. GUY P. ADA ■ NDAGE, SCALE: ,Profeeeioml engineers, Pl■nnen, k land ■urvayorx 03/27/06 r <�ue coeny ama soo, rwo x.mu,m, z„x, W.. n uioe DRAWN BY: CHECKED BY: '�° °f6p0Hpj FILE NO:— SHEET 2 OF 2 M DATE: J i Y 16 00 PROJECT NO.: 75991 ACAD NO:_ 8 8 —7,30 EXHIBIT 10H Page-Lo PROJECT: N0. 7 PROJECT PARCEL NO: l31 i cr TAX PARCEL NO. 111 O SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA TEMPORARY CONSTRUCTION EASEMENT DURATION 2 YEARS, PEPPERWOOD: CONDO Phase 1 Phase 11 vL 0 5 REGENCY WOODS CONDO •. Phase II c1 (PRIVATE VALLEY STREAM DR. ROAD) ........ ............................... .............. 13.9 13.6 O Z BUCKEYE 13.5 PALMS 13.7 0 ( i CONDO TRACT M o O.R. 527, o LELY GOLF ESTATES o° PG. 746) TRACT MAP m 13,12 13.10 �f — — — — — — — SOUTHEASTERLY 10' _ TEMPORARY T — PARCEL �3p rc CONSTRUCTION EASEMENT PROPOSED 1D T.C.E. DRAINAGE EASEMENT - SECTION 19, TWP. 50 S., RGE. 26 E. x� TRACT A 12 i�LELY GOLF ESTATES (P-8- TRACT 8, PGA2 0) PREPARED BY: CURLS' DELTA RADIUCURLE TABLE C/ 94315B' 870.00 18477 CHORD CHORD BEARING C2 943'57' 1270.00 215.73 21547 3'131)9'30" E N 43179'30" E l Ree� 1 evvgt e' planets, k land euree➢en �•• � ®b+a e�m4 ai, ie�w "°`�+ xw., n uvoe fuvkc+ -euv ewm.4 „ - ---=a ADDED BEARINGS 01/11/0 10' T.C.E. SHEET 1 OF 2 BY: GUY P. ADAMS, P.S.M. NO. 4390 SCALE; 1" = 10Q DRAWN BY:_,IAN DAIE,�Y 16 X009 CHECKED BY: GPA PROJECT NO.: 7599-1 FILE N0: A 8g ACAD NO: 8989_73 EXHIBIT 10H OfZ PROJECT: N0, 7F9 PROJECT PARCEL NO: U31 cE TAX PARCEL NO, 1310 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PROPOSED 10 FOOT LEGAL (CONSTRUCTION EASEMENT PARCEL 131 i ce THE SOUTHEASTERLY 10 FEET OF THE FOLLOWING DESCRIBED LAND; THAT PORTION OF TRACT M, OF LELY GOLF ESTATES, TRACT MAP AS RECORDED IN PLAT BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT M, LELY GOLF ESTATES, AND RUN S 8932'18" W, ALONG THE NORTH LINE OF SAID TRACT M, FOR 457.44 FEET; THENCE RUN S 28 33'33" W FOR 527.00 FEET TO A POINT OF CURVATURE; THENCE RUN 164.77 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 970.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF S 33'25'32" W, AND A LENGTH OF 764.58 FEET TO A POINT ON THE CURVE AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE RUN 164.77 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 970.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF S 43'09'30" W AND A LENGTH OF 164.58 FEET TO A POINT OF TANGENCY; THENCE RUN S 41058'31" E FOR 300.00 FEET; THENCE RUN 215.73 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 1270.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF N 43'09'30" E, AND A LENGTH OF 215.47 FEET H A POINT ON THE CURVE; THENCE RUN N 51'42'29" W, FOR 300.00 FEET TO THE POINT OF BEGINNING; Contairiing 2,004 Sq. FeetJmore or less. TEMPORARY CONSTRUCTION EASEMENT DURATION 2 YEARS. BEARINGS ARE BASED ON THE LELY GOLF ESTATES TRACT M ppp PLAT BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA PREPARED BY: 08/24/06 ADDED CAPTION II .... •PP• GIN, OIS ' r■rr` 01/11/06 BY: orr■ ■uo ARBER & 10' T.C.E. GUY P. ADA ■rrrr■ Paco RUNDAGE,wc' SCALE: Profeealonal engineers, planners, & ]and surveyors 03/27/06 c.w.r count„ sea W. vioo r�� hw, x.,aa, x.n�.., M uase (w, >esr -aua DRAWN BY: JAN "• °o"°U ewv ast. lean S.m.r ai,..t r.rt �,,,, rc aavw (wa sax -a�u CHECKED BY: GPA �uwoNa.uaa x.., +a 4eµ ..a ®aeaa 77 r., (wikea_ecm FILE NO:g�_ SHEET 2 OF 2,. P.S.M. N0. DATE: J i Y � PROJECT NO.: 7599-1 NCAD NO: 8259-731 LXHIBIT�_Z 10H w Page I2 of 2? PROJECT: NO. 7 PROJECT PARCEL N0: 1 cE TAX PARCEL N0. _. 13.4 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA TEMPORARY CONSTRUCTION EASEMENT DURATION 2 YEARS. PEPPERWOOD:'CONDO Phase 1 13.6 13.5 13.12 13.10 TEMPORARY RUCTION EASEMENT Phase II Cl 13.20 ................... REGENCY. WOODS CONDO Phase II Phase 1(I VALLEY STREAM( f7 BUCKEYE o PALMS o N CONDO o (0. R. 1432, PG. 1467) (PRI VATE DR. ROAD) VALLEY STREAM COURT INC. CONDO � 13:9 �' ..... TRACT M RELY GOLF ESTi4TES TRACT MAP (P-B- 8, PG. 20) 1S0UTHEAS7'ERLY 10' 3.3 C2 — DRAINAGE PARCEL (32 Z"c� EASEMENT PROPOSED 10' T.C.E. SECTION 19, TWP. 50 S. RGE. 26 E. TRACT A \ LELY GOLF ESTATES TRACT MAP (P. B. 8, PG. 20) 110' FP &L EASEMENT LEL / 26 CURIE DELTA RADIUCUR��E Cl 843571 870.00 164.77 C2 9'4357' 1270.00 215.73 PREPARED BY: 08/, ■ro r■r■ NOLT ■uo ■r■r■ ■ ■■■■ HER & rru■ ■rou UNDAGE,aa. Pmfeeei.a l englaean, p7eaaen, &lead navayon e W W, x� x.m,.m� x..a. ueu� ■w+..� n u�ae (wikn -aut emu 101, tem amn,x e�..r, �cWbaG ax �elLmlutlan Noa 18 iee4 and ID mb{ 1.n (Wt�la -W GOLF ESTATES L (P,5- 8, PG. 49) 27 28 CHORD CHORD BEARING 164.58 S 3375'32' W 215.47 N 3325'32' E ADDED BEARINGS T1 SHEET 1 OF 2 1/06 BY: .C.E. GUY P. ADAMS, P.S.M. N0. 4390 7/06 SCALE: --I: = Ino, DRAN?J BY: , AN DATE; DULY 16 ?00^ CHECKED BY; GPA PROJECT NO.: -2599-1 FILE NO: 89 ACRD N0: ROao_�:., EXHIBIT 4 1 0 H PROJECT: N0. 7g PROJECT PARCEL N0: _ r TAX PARCEL NO. 0: SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARYCONSTRUCTION EASEMENT PARCEL 02 TGE THE SOUTHEASTERLY 10 FEET OF THE FOLLOWING DESCRIBED LAND; THAT PORTION OF TRACT M, OF LELY GOLF ESTATES, TRACT MAP, AS RECORDED IN PLAT BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT M, LELY GOLF ESTATES, AND RUN SOUTH 89'32 18' WEST, ALONG THE NORTH LINE OF SAID TRACT M, FOR 457,44 FEET; THENCE RUN SOUTH 28'33'33" WEST, FOR 527.00 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE RUN 164.77 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 970.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF SOUTH 3325'32" WEST, AND A LENGTH OF 164.58 FEET; THENCE RUN SOUTH 51'4229" EAST FOR 300.00 FEET; HAVING A THENCE RUN 215.7 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE N T, 3 ORTHWES RADIUS OF 1270.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF NORTH 33 25'32" EAST, AND A LENGTH OF 215.47 FEET; THENCE RUN NORTH 61 26'27" WEST, FOR 300-00 FEET TO THE POINT OF BEGINNING; Containing 2,157 sq. Feed more or less. TEMPORARY CONSTRUCTION EASEMENT DURATION_? _ YEARS. BEARINGS ARE BASED ON THE LELY GOLF ESTATES TRACT M f PREPARED BY: PLAT BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA orr■ ■•u GNOLI ■ur ' rrrr■ 01/11/06 BY: urrr ■ ■■ ■■ ARBER & GUY P. ADA rrrrr' 10' T.C.E, rrur■ rurr■ UNDAGE,wc, SCALE: Pro[eaaional engineers, planners, k land aurveyora 03/27,/06 c.w.. c.mtn awb soo, rsoo r.mt,mt nw x.rtn, x,nt.., n utse (wt)dci -utt DRAWN BY: l.. c.mb: 6u(b tat, te¢e amar, roe[ ann, rt, daeot (wi)se'1 -sttt CHECKED BY:. GPA C,tll,�a.b (luthoefe.(1o¢ xo., 18 yw ,pd EB 0ddt r— (°°)6°° "ffi0' FILE NO: 8 SHEET 2 OF A DATE:_) I Y 16 200 PROJECT NO.: 759 g_1. EXHIBIT_ 1 o n Page (Lt- of 2 7 PROJECT: N0. PROJECT PARCEL N0: TAX PARCEL N0. _ C� SECTION 191 TOWNSHIP 50 SOUTH COLLIER COUNTY, FLORIDA GE 26 EAST TCH OF- T)7-AADnn n _ TEMPORARY CONSTRUCTION EASEMENT DURATION _? _ YEARS. PEPPER WOOD CONDO Phase II Phase II 13,20 .......................... REGENCY WOODS CONDO I KACT M:' Phase 111 LELY GOLF ESTATES TRACT MAP. (P. B. 8, PG. 20) BUCKEYE PALMS CONDO 13.4 TEMPORARy CONSTRUCTION EASEMENT VALLEY STREAM:DR. (PRIVATE ............................... ..... ROAD) SOP�E•. Phase 1v VALLEY: STREAM COURT INC. CONDO o° o 13:2 0 ci ................... (O. R. 618, PG. :1729) VISTA RID CONDO 13,1 - SOUTHEASTERLY 10' T 400.00' ` DRAINAGE EASEMENT PROPO EDL103TCE. SECTION 19, TWP. 50 S., RGE. 26 E. 110' FF &L EASEMENT 0 LELY GOLF ESTATES UNIT 26 (P. B. 8, PG. 27 28 29 30 31 PREPARED BY: �:::■` " "' rrrr■ rrrrr SHEET 1 OF 2 rrrrr■ ARH'R & Ol 11 06 BY:. rrrrrr rrrrrr RUNDAGE,sre. Prciessional engineers, 10' T.C.E. GUY P. ADAMS, P.S.M. caws comlri swta eaa, ciao Plm ere, tc ]and surveyors 1.. comin C3�27�05 N0. 4390 SCALE: — Q . 9Wt. 101. tens a...su rrw, Neeta x.mn, n sass (uv)sp> -ant a*unu.4 .r mmm+.w.0 x...°"is sx"ai''.oa'as"vse� , n sawv wpaax -mu DRAWN BY: —JAN DATE: CHECKED JI�LY 17 700? BY:GPA PROJECT N o.- FILE N0: 828q ACAD N0: R2� 7 3 4 ExHI131r� 10 agelI S of a-? PROJECT; No. 75 PROJECT PARCEL N0; TAX PARCEL N0, 13 O� SECTION 19, TOWNSHIP 50 SOUTH COLLIER COUNTY, FLORIDA NCE 26 EAST LEGAL PROPOSED 10 FOOT TEMPORARY CONS RUCTION EASEMENT PARCEL 133 T"cr- THE SOUTHEASTERLY 10 FEET OF LAND; THE FOLLOWING DESCRIBED THAT PORTION OF TRACT M, OF LELY GOLF ESTATES, TRACT MAP, AS RECORDED IN PLAT BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NE CORNER OF SAID TRACT M, LELY GOLF ESTATES, AND RUN S 8,9732'18" W, FOR 127, 00 FEET ALONG THE NORTH LINE OF SAID TRACT M, FOR 457.44 FEET; THENCE RUNS 28'33'33" TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; W THENCE RUN S 28 33'33" W FOR 400.00 FEET. 61'26'27" E, FOR 300.00 FEET, THENCE RUN N 28 33'33RUN S FOR 400, 00 FEET, THENCE RUN N 612627" W FOR 300.00 FEET TO THE POINT OF BEGINNING; Containing 4,000 Sq. Feed more or less. TEMPORARY CONSTRUCTION EASEMENT DURATION 2__ YEARS. BEARINGS ARE BASED ON THE LELY GOLF ESTATES ,TRACT PREPARED BY: PLAT BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA 1■r14 xi�� 11111 GNOL1 ■1r1r O1 /il /OE 1114■ AItBER & 111114 i"Inix RUNDAGE,wc. 10 T.C.E. Prafeaeional englneera, planneaa, g land eurvayora c.Ill.r ceunW; ami. ¢oo, 74" x� 03 27 0 ❑' cO1�t* amV tot, rase a„ `� TMi°' x °'a", x•oe «, n uvae (p{I apT -JIIS c.�x °.�, °v vvm.ra.u.a x °.,was w"'k rove y,,,,, n �coa (uv aor -avvv seat ua � aaca B SHEET 2 OF 2 SCALE: NO, 4390 DRAWN By DATE; iu CHECKED BY: =--LY 1Y FILE N0: PROJECT NO.; - -�.2._ ACAD N0: fl 8g -73i EXHIBIT 10H P89e 6 of�)-7 SAL, NON- IXCLLJ5IU E PROJECT. NC , D12ATNAGE ANt� PROJECT P N ARCEL No; 599 TAX PARCEL 3 �4A"G SECTION 191 . TOWNSHIP 50 SOUTH COLLIER COUNTY, FLOR �g 26 EAST SKETCH OF PA'4 J Ahlu NOT A SUlavw� CURVE DELTA CURVE TA8LE CI 8422 08 RADIUS ARC CHORD 55.00 C2 6122 '04" 87.45 74.21 75.00 •, 80.33 88.73 . ........ 13.20 28.83 33.81 REGENCY WOODS 89'39'27" CONDO Phase III CHORD BEARING S 03'59'24" E N 27'18'43" y Phase lV (PRIVATE VALLEY ROAD) STREAM DR. TRACT M LELY GOLF E3TATE� TRACT MAP 13.9 (P• B. 8, PG, 20) VALLEY STREAM 3.2 COURT IN . CONDO (0•R. 618, 13,3 PG• 1729) 13,11 DRAINAGE EASEMENT SECTION 19, TWP 110' FP &L EASEMENT 1 LINE LINE TABLE L1 LENGTH BEARING L2 28.83 33.81 S 89'39'27" W 1-3 81.08 S 45'24'58" E L4 749.83 S 38'26'43" W 13,04 S 43'35'02" W \5 N 46'24'58" W' VISTA RIO CONDO .13.1 (O. R. 794, PG. 1467) PARCEL 13i� -p4n1Z AREA =2, 902 SO. FT. 50-- s_E 26 E. Y GOLF ESTATES U IT 1 (P. B. 8, PG. 49) 29 30 31 PREPARED BY- M41 r► \rYr rrri■ GNOLI rrrrr rrrrr rrrrrr AEHER & 04 ,.rrrrr rrur■ UNDAGE,ac: Prolesslonal engineers, - planners &land s t+. Cemty: 6ut4 101•50�"vd m� s4 �", x't:n� x.e ti,�ne uioe C.rttnva4 v( l¢IyorlaaLLaa xa., yg �' 1.rt (v{1)d %_�L31 Jd6{ a¢d EB ydd'1'4 "• n• �vOt (v{1)]J] -J113 lai: (vtlMed -YEO] 0. R. 2130, PG. 1008 c� R CD 0 f � 1�ti J — POINr OF . \ TRACT e COMMENCEMENT NORTHEAST CORNER OF TRACT M LELY GOLF ESTATES UNIT 7 CD � o O - O � 6 SHEET � OF 2 x/06 BY, GUY P. ADAMS, RS. SCALE; �" = M. NO, 4390 DRAWN BY:,y_ DATE: 11ARC'H 28 ?nn� CHECKED BY:_QeA PROJECT ND FILE N0; 8 8g ACAD NO: 8 fl9�a Y ti t" PROJECT: NO. PROJECT PARCEL N0: TAX PARCEL NO. EXHIBIT 0 SECTION 19, TOWNSHIP 50 SOUTH, RANGE COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PARCEL C 3 4 BA A. ;� THAT PORTION OF TRACT M RECORDED. IN PLAT BOOK 8, PAGE 20 ACT , OF THE RECORDS C COUNTY, FLORIDA, AND MOREOPARTICULOLF ESTATES, TR ABLY DESCRIBED AS COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT M ESTATES, AND RUN S 89 ;39'27" TRACT M. 719 07 FEET TO THE POINALOF THE N/NORTH LTHE DESCRIBED EA 7 FEE 10H 26 EAST NON- EX4-USr�E ��WAGE AND EASEMENT' COLAs LIER FOLL 0 WS: LELY GOLF OF SAID THENCE CONTINUES 89� HEREINAFTER TRACT M, 28.83 FEET THENCE RUNS 46'24'581 ORTH LINE OF SAID THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A. RADIUS OF 55,00 FEET,. A CENTRAL ANGLE CONCAVE 84151'08" L , A C3 87 FEET SOUTH 0359'T, EAST q ARIN DISTANCE OF 87.45 FEET; THENCE SOUTH CHORD BEARING OF CHORD DISTANCE OF 74.27 FEET, AN ARC THE NORTHWESTERLY LINE OF 38 26 43 NORTH A DRAINAGE EASEMENT,W EST, 81.08 FEET TO THENCE 43 27 53 " EAST, 749.83 FEET TO THE ARC OF q CURVE CONCAVE .WESTERLY HAVING CENTRAL ANGLE OF 72 WESTERLY H A RADIUS OF 75.00 FEET, q THENCE NORTH 46 24'5 A CHORD BEARING OF Containin WEST, 13.04 FEET TO NORTH 21'18'43" WEST g 2'902 S4- Feet more or less_ THE POINT OF BEGINNING. PREPARED BY: BY: P�6'eGVn4ilbd4 wAliN' P>anaeia, i.., n iiUY P, a¢ineerx' � SCALE; �•• comb, mne. 00: ie�u s•m�•�e� x �xw�., n uiw wiMv� -aui DRAV>'N BY: FILE N0: e ag SHE_ _ ET 2 OF 2 W EXHIBIT�O Page f Of 2 7 PROJECT: NO. 59 PROJECT PARCEL N0: � TAX PARCEL NO, _ SECTION 19, TOWNSHIP 50 SOUTH, RANGE cvc , COLLIER COUNTY, FLORIDA 10H 26 EAST CUR VE CURVE TABLE DELTA RADIUS ARC CHORD CHORD BEARING 100 Cl 61'22'0¢" 75.00 80.33 76.55 S 15'43'56" 1 SCP� • 13.20 REGENCY WOODS LINE TABLE CONDO LINE LENGTH BEARING Phase I(I L1 13.04 5 46'24'58" E Phase IV L2 115.04 N 43.27'53° E (PRIVATE VALLEY STREAM DR. ROAD O.R. 2130, TRACT M PG. 1oo8 LELY GOLF ESTATES ..... ' ' TRACT MAP VISTA RIO 13,9 (P.B. 8, PG. 20) CONDO U- VALLEY STREAM COURT IN . CONDO 13.1 (0. R. 794, o (O. R. 618, (0, 14 ,9 va 13, 3 QD PG. 1729) 13.11 PARCEL 13 4 DE u, 0 2 PROPOSED DRAINAGE AREA =3,738 SOT FT. f w DRAINAGE EASEMENT N432 > 247'.2 SECTION 19, TK/p. 50 S. RGE 26 ss62> <z 110' FP &L EASEMENT \ _ POINT OF \ TRACT s N COMMENCEMENT OF TRACT MNER LELY GOLF ESTATES U lT 1 (P. B. 8, PG. 49) LELY GOLF ESTATES UNIT 1 29 30 31 v a (P. D. 8, PG. 49) � O O PERPETUAL, A�NE °N ExcLusrZyE��'� PREPARED BY: EASEMENT ■■■ ■. ■ NOLI SHEET 7 OF 2 ...... ER & 04/10/06 BY: - " " """" A.E. TO D.E. GUY P• HIM. UNDAGEm, ADAMS, p,S,M, Proleeeional engineeia, p]nanare, & ]and muveyoye SCALE: 1x = 10 NO. 4390 I eoW�e�mau eim� °'' ie�OOw a xxwv, n suoa DRAWN BY: =+..mn.xo.. rs xaa .m m xei n swi (w�'iar -eiii JAN CHECKED_ DATE. MARSH 9A n c�iXaa aw FILE N0: Y• GPA PROJECT NO•: 75 B Bq ACAD N0: 8 8g -834a I .s. PROJECT: N0. PROJECT PARCEL N0; gear TAX PARCEL NO. EXHISIT2 �- of 10H SECTION 191 TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED DRAINAGE EASEMENT PARCEL THAT PORTION OF TRACT M, OF LELY GOLF ESTATES, RECORDED IN PLAT BOOK 8, PAGE 20, O TRACT MAP, AS F THE RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT M, LELY GOLF ESTATES, AND RUNS 8939'27" TRACT M, 9.55 FEET TO THE POINT W, ALONG THE OF BEGINNINGOOF THE HEREINAFTER DESCRIBED EASEMENT; THENCE CONTINUES 89'3927" W ALONG THE NORTH LINE OF SAID TRACT M, 109.51 FEET; THENCE RUN S 4624'58" THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A FEET OF 75.00 FEET, A CENTRAL ANGLE OF 61 22'04" SOUTH 15' OF OF 80 80. 33 EAST A FEET; CHORD DISTANCE OF 76.55 FEET) AN A ARC OF DISTANCE . THENCE NORTH THE POINT OF BEGINNING. THENCE 432753 EAST, 115.04 g 3,738 Sq. Feet) more or less. FEET TO PEF E' AI., NON - EXCLUSIVE DRAINAGE EASEMENT PREPARED BY; Profeeeionel ev °"�'�' nglneare, plennere, &lend aurae �� .a wily 101, iai6 Hm�., yy�y� x �x�W.r, n �tiaa (011p iT -i311 a�o+luUa¢ xw. }p yy1 �vd � ]06� i S,Y01 (0{IJair -pyll is ca.1�,m, A.E. TO D,E, zi III.A SHEET 2 OF 2 BY: _ SCALE: NU. 4390 DRAWN BY: DATE:_ MARCH 7R o FILECNO: B PROJECT NO —�8- 9-r. ACAD N0: 8 8g -a34B' 10H tE HiB {T Peke 20 o 7 PROJECT: NO. 7�5919� PROJECT PARCEL N0: 136 DgM6 TAX PARCEL NO. 1 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF COUNTY PAkCr;U- (NOT A SURVEY)— (SEE SHEET 2 OF 2 FOR DESCRIPTION — PERPETUAL, NON- EXCLUSIV N , DRAINAGE ANDs� NTENANCE EASEMENT 9�F \ �v O .. O \ \gym N LELY GOLF ESTATES UNIT NO. 1 \ \� (P. B. 8, PG. 49) m P F MS \\ A, \ N D ....5 CK 0000 \\ �°' \\ O ORAL CIRCL E C L2 .�� N O� /• N O \\ cV O Zi U I `. I 412.30' W U ` U Ct W L Q J U LL- 0s E\\\\ \\\ QL o Q I m CL rn z �w�� W : ULL - J c 9�A' 0 (i w CL LLJ (n J LINE TABLE C) LINE LENGTH BEARING L1 32.56 N 6627'47" E L2 13.30 S 01'09'37" W L3 27.41 N 01.09'37" E PREPARED BY: SHEET 1 OF 2 ■ ■••• REVISION: iii. NOLI .■ ■.. ARBER & 04/10/06 BY: ■ ■ ■■■ ADDED A.E. GUY P. ADAMS, P.S.M. NO. 4390 ■■■u ■0■■■■ SCALE: 1" = 150 iiiiii UNDAGE,aa. 10 30 D6 Professional engineers, planners. R lend surveyors REV. EASE. DRAWN BY: JAN DATE: JULY_ 17. ?007 cwm coast: a 2001 woo T. r..o, ■aW sows, n =a (w,)e2v -sw CHECKED BY: PROJECT NO.: 7599 -1 r.. cemtn smt. loll Im s.san ee. raa spa., n sap, (wi)aav -au� Ol /04 07 ��. caanw "` eawaa. N— is a0ea .0a n oaaa r.: (wilws_2soa REV. EASE. FILE NO: 8289 ACAD NO: 8289-836 10H tXHIBIT Page ( of PROJECT: NO. ___1599 PROJECT PARCEL NO: i 36 DRMt—� TAX PARCEL NO. 1 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PERPETUAL, NON - EXCLUSIVE ACCESS, DRAINAGE AND MAINTENANCE EASEMENT LEGAL DESCRIPTION PROPOSED DRAINAGE, AcCF_SS .} ub PARCEL ALL THAT PART OF TRACT A, LELY GOLF ESTATES, TRACT MAP, AS RECORDED IN PLAT BOOK 8, PAGE 20, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEGINNING AT THE NORTH CORNER OF TRACT L, LELY GOLF ESTATES, TRACT MAP, AS RECORDED IN PLAT BOOK 8, PAGE 20, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N 48'01'29 " E A DISTANCE OF 376.84 FEET TO TRACT B; THENCE N 66 27'47" E ALONG TRACT B A DISTANCE OF 32.56 FEET, THENCE S 01'09'37" W A DISTANCE OF 13.30 FEET, THENCE S 48'01'29" W A DISTANCE OF 417.38 FEET TO TRACT L; THENCE N 01'09'37" E A DISTANCE OF 27.41 FEET ALONG TRACT L TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED. CONTAINING 8139 SQUARE FEET OF LAND MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE LELY GOLF ESTATES TRAJ PAP PLAT BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA PREPARED BY: REVISION: SHEET 2 OF 2 04 10 06 ■■•1010 iiii�GNOLI 10.10■■ 101010■• ■u SUARBER & •••1010■ •uu• RUNneers, l Professional engineers, Planners, &land surveyors C.wc Cer v: wa io% ism Te °�"�°"' " °`"' "'vf °' v'. x108 �cx�sav -sul C°rtnl°°4 °f lumo.l. °u°° Nov. 9p0{f'° ® 36" ry a!v` (341)W -2309 BY: AN.T.. ADDED A.E. 09 O5 06 ADDED AREA P.S.M. NO. 4390 SCAL•••1010' DRADATE: JULY 17. 200 —�. CHECKED BY; GPA PROJECT NO.: 7599 -1 FILE N0: 8289 ACAD NO: 8289 -836 10 30 06 REV. EASE. Ol /04/07 REV. DESC. EXHIBIT /� 108 Page Lj of 27 TRACT "L" \ TRACT "A "„�� I _ fTII ° CO z �0 PO O O o m \ do f o � -O fi n01N mm: ZCD c S O Ti\ D \ L o \ J co n D \ A 0 D \ D \ r f =o \ \ \\ A? O O Z Z r \ 0 0 0 0 170' FP &L 0 �x \ 0 0 o O x y EASEMENT q Dmo \\ WO z In In r �m °c \ \\ vZ., -'< m w P 0 .4 rn C It b ■■■■NESS■ rn ro In =' MENOMONEE 0 o q ■■NSEN ■E■ m' ■E■■■■ ■ L JOLT'. S m V y ci n [J >mEm m O Cy CI C:V '�Opp mx x O O E `S Sw.i [J znd C� trJ� nCDm D o m e e t1 "A H z r Yn c� II ° rj II II z z z d u m K ro ro In y O y 'z,' O O N m �CCYn y0Z w 0 G90y m �oE'N 00 O wW z y0900 z yx 11 nOJ 6 � x In (� tR � It � > y z> md In tj r M n >�o o n o n m cV H O m m> ry w O N p+ N > ro�N II r II C 9 m Cll p N tt�tt+.. � Ci x i u NO z O n 5 m 0 m�ro �[fOD rt Ilan �' � EXHIBIT A 10H Page L 3 of -) ro o n C I� ']z zr�rhr�t�om� v�3.na H z''w.. 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If the document is sit eady conwlete with the exceniinn of thn .d ..............v___._ I A .. _. . - - - - -• - — - ° - •••. .... ., Route to Addressees) (List in routin order ...„ ... ^11.1 m ,jmmw n nv, co fete me enecklmst, and Office forward to Sue Filson Initials (line #5) Date I. 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, 2, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been filly executed by at] parties except the BCC 3. Chairman and Clerk to the Board and ossibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's NA 4. Office and all other artier exec t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the SRT 5. Sue Filson, Executive Manager Board of County Commissioners 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT 6. Minutes and Records Clerk of Court's Office 5. In most cases (some contracts are an exception), the original document and this routing slip 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 siemruuie are to hr deli" "d n. the arr,s,...,._i.. ..,.,. Item. .,....,�.,.y o.,,,� -,, -, , ne, acre. w approve the Name of Primary Staff Scott R. Teach, Deputy County Attorney phone Number 239 - 252 -8400 Contact Agenda Date Item was June 24, 2008 Agenda It Number l0I Approved b the BCC Type of Document Resolution 0 (, q Number of Original Attached V O Documents Attached 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Ooginal 9.03.04, Revised 1.26.05, Revised 2.24.05 04- COA- 01026/804 ..uc.na.aoa Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not L a ro riate. (Initial A licable) Original document has been signed/initialed for lega I sufficiency. (All documents to be SRT 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 filly executed by at] parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's NA Office and all other artier exec t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the 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 Count Attorne 's Office has reviewed the chan es, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Ooginal 9.03.04, Revised 1.26.05, Revised 2.24.05 04- COA- 01026/804 101 MEMORANDUM Date: July 1, 2008 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -201: Opposing the leasing of the Alligator Alley Toll Facility Enclosed please find one (1) copy of the document as referenced above (Agenda Item #10I), adopted by the Board of County Commissioners on Tuesday, June 24, 2008. If you should have any questions, please call me at 252 -8406. Thank you. Enclosure 101 MEMORANDUM Date: July 1, 2008 To: Norman Feder Transportation Administrator From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -201: Opposing the leasing of the Alligator Alley Toll Facility Enclosed please find one (1) copy of the document as referenced above (Agenda Item #10I), adopted by the Board of County Commissioners on Tuesday, June 24, 2008. If you should have any questions, please call me at 252 -8406. Thank you. Enclosure 101 RESOLUTION 2008- 201 RESOLUTION OF THE COLLIER COUNTY BOARD OF COMMISSIONERS IN OPPOSITION TO THE LEASING OF THE ALLIGATOR ALLEY TOLL FACILITY AND OBJECTING TO THE STATE'S LACK OF ADEQUATE PUBLIC NOTICE AND INVOLVEMENT RELATED THERETO. WHEREAS, The Florida Department of Transportation ( "FDOT ") issued a "Request for Qualifications to Lease, Maintain, Operate and Receive Toll Revenues From Alligator Alley (I- 75), through a Concession Agreement (A Public Private Partnership)" on May 8, 2008 (the "RFQ "); and WHEREAS, the State of Florida has expressed an interest in seeking a private concessionaire to operate the Alligator Alley Toll Facility for a period of between fifty (50) and seventy -five (75) years; and WHEREAS, toll transactions during fiscal year 2007 produced approximately $23.5 million dollars in revenue compared to approximately $6.1 million in costs of operating and maintaining the Alligator Alley Toll Facility for that same period; and WHEREAS, the Collier County Board of Commissioners has previously stated its opposition to the State's efforts to lease the Alligator Alley Toll Facility and continues to oppose any plan to lease the operation of the Toll Facility. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA THAT: 1. The Collier County Board of Commissioners opposes the leasing of the Alligator Alley Toll Facility to a private concessionaire as initiated by the State's RFQ and objects to the State's lack of adequate advance notice and local public involvement and the State's failure to permit the Collier Metropolitan Planning Organization Board and its sub committees an adequate opportunity to review and comment on the potential lease of the Alligator Alley Toll Facility. This Resolution PASSED and duly adopted by the Collier County Board of Commissioners after majority vote on this 24th day of June, 2008. ATTEST: DWIGHT E CROCK, etFRK By:�l ttlst a-ta, s legal sufficiency: 4�/ Scott R. Teach, Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIE OUNTY FLORIDA By. Toni Henning, Chairman or Item # PgA t ad Data Date Recd Dep Ier ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 10 J TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. 'the completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Purchasing Agent (Initial) Applicable) Agenda Date Item was June 24, 2008 Agenda Item Number 10i 2. Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 3. Contract #08 -5065 — Immokalee Number of Original 2 - - -_._ Beautification Phase IV 4. Colleen M. Greene, ACA County Attorney ( 07/16/08 5. Sue Filson, Executive Manager Board of County Commissioners Officials. 6. Minutes and Records Clerk of Court's Office 2. All handwritten strike- through and revisions have been initialed by the County Attomey's Office and 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 Brenda Brilhart Phone Number 252 -8446 Contact Purchasing Agent (Initial) Applicable) Agenda Date Item was June 24, 2008 Agenda Item Number 10i Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document Contract #08 -5065 — Immokalee Number of Original 2 Attached Beautification Phase IV 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 <<matter_n umbers /adocument_numben> 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 CMG 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 CMG 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 CMG 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 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 06/24/08 and all changes made during the meeting CMG have been incorporated in the attached document. The County Attorney's Office has reviewed the than es, if a licable. 7. Please return I executed on inal to Brenda Brilhart CMG C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 <<matter_n umbers /adocument_numben> 10i MEMORANDUM Date: July 17, 2008 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Contract #08 -5065: "Immokalee Lighting Beautification Phase IV" Contractor: Bentley Electric Attached please find one (1) original contract document, as referenced above, (Agenda Item #10J) approved by the Board of County Commissioners on Tuesday, June 24, 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 -8406. Thank you. Attachments (1) IN Immokalee MSTU Beautification Phase IV Street Lighting Renovation Project COLLIER COUNTY BID NO. 08 -5065 COLLIER COUNTY, FLORIDA Design Professional: McGee & Associates COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 10i IN 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 McGee & Associates and identified as follows: Immokalee MSTU Beautification Phase IV Street Lighting Renovation Project as shown on Plan Sheets 1 through 28. EXHIBIT N: Contractor's List of Key Personnel 10i PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Immokalee MSTU Beautification Phase IV Street Lighting Renovation Project COUNTY BID NO. 08 -5065 Separate sealed bids for the construction of Immokalee MSTU Beautification Phase IV Street Lighting Renovation Project, 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 5th day of June 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 19th day of May 2008, 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 MSTU Beautification Phase IV Street Lighting Renovation Project, Bid No. 08 -5065 and Bid Date of June 5, 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 on the Collier County Purchasing Department E- Procurement website: www.colliergov.net /bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. 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 GC -PN -1 10i and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred and 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 5th day of May 2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell C.P.M. Purchasing and General Services Director Celfauk"6!a I" 10J "I 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 -1 101 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. 1001:M 10J i �'l 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 opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. GC -I B -3 10i 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. 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 GC-18-4 10i 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. 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. CeW« 101 41 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 Noi`xithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. GC -I B -6 10i i r:I 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 "A lOJ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G" NAPLES, FLORIDA 34112 (239) 252 -8407 FAX (239) 252 -6697 www.colliergov.net/purchasing ADDENDUM DATE: May 29, 2008 TO: Interested Bidders FROMBrenda Brilhart, CPPB Purchasing Agent SUBJECT: Addendum # 2, Bid # 08 -5065 - Immokalee MSTU Beautification Phase IV Street Lighting Renovation Project Addendum #2 covers the following change for the above - referenced solicitation: BID due date has been changed back to June 5, 2008. REPLACE: Bid Schedule — bidders must submit addendum bid schedule to be considered for award. A line has been added for transport of the original poles to a storage facility. CHANGE: The revised current estimate will put the project around $1,100,000 CLARIFICATION: Project must be completed by December 2008. Questions & Answers: Q: what are the specifications the pole base? A: The lighting foundations is that the const actors are to bid in accordance to the requirement per FDOT index 17515 sheet 3 of 3 "Foundation Table" for 150 MPH wind speed and design mounting height of 40 & 45 feet. Q: What is the load center? A: The existing load center at Sta. 2035 +60 is to be removed and returned to County Staff (Traffic Operations Department). Transportation from project site will be by County Staff. cc: Darryl Richard, Project Manager Encs: 1 N z Z W O Q U N Q C O O c N 2 m c t J N O �W o> 0 O N m� a M. U ai m d m 0 E E m t l0 m 0 a` . . � I I I ..... IEI 10i ol J J O J J W W W W W J W J fn W m N N 00 N V �O N I- O n o0 O I� V W o0 O m O W N co W O Ld Q V N M m N J w d Q F fA fA fA fA fA b9 fA f9 M fA fA to b9 fA O H 10i ol J J J J W W W W W J W J fn W N N 00 N V �O N I- O n o0 O I� V W o0 O m O co W O Ld (1Y V N M N w d Q N U � u> M v O CL N H O io V w_ p °J° Z O w O io Z O m 2 06 �= 7 Z U i 2 J N Z O e 2 otl �= j Z U z 2 J N, g h > a Z d' Wo j atf == O U Z OU _ a N > a Z K ow j otl O U O Z U 3 Z w a O > QO Z O uWj a W O Q -J w N a O a8 U. w O m J d N N 06 J N c= ob m w Y> F H w IL o a I- 2 J' in N 06 J N_ op U w F F w IL U a 2 J W m cQi M N y fA p 0 w >O 2 y O °z U z 1- 2 J W to a N 0 Z W PL w°'z w H J a 0 U J 0 a �_ J ] Q Z O F- 0 o z u N z > O LU s> 0 7 z° U t7 2 J co N = a° W o w ~ z 2 K d w w U z 0 W U N m 'E o r c 3 .A rn m .00. rn y 0 O a O `o r N c H d m R o � o M o M NO � E 01 - r N � N r n r n r r n r n r w n Lh I 0 r n 0 n fD 6 n 0 r 10 6 II N o N M 10i ol ff-ab COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G" NAPLES, FLORIDA 34112 (239) 252 -8407 FAX (239) 252 -0844 ADDENDUM DATE: May 28, 2008 TO: Interested Bidders FROM: *",Purchasing Brenda Brilhart, CPPB Agent www.coIIiergov.neVpurchasing SUBJECT: Addendum # 1, Bid #08-5065 - Immokalee MSTU Beautification Phase IV Street Lighting Renovation Project Addendum #1 covers the following change for the above - referenced solicitation: The due date for this bid has been postponed until further notice. cc: Darryl Richard, Project Manager 10J l0J CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Immokalee MSTU Beautification Phase IV Street Lighting Renovation Project BID NO. 08 -5065 Full Name of Bidder Bentley Electric Company of Naples Fl., Inc Main Business Address P.O. BOX 10572 NAPLES FLORIDA 34101 Place of Business 4406 ENTERRRISE AVE NAPLES FLORIDA 34104 Telephone No. 239 -643 -5339 Fax No. 239 - 643 -3685 State Contractor's License # EC0002748 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 D D p Z w p O o o n JCN�M) ao M oOD N ro N o o O 0 0 0 0 p 0 0 ^ O 0 0 n o o o v co m N o 0 m th N o o v ro o O n V LL J LL J LL J Q W Q Q W W Q W Q W LL J Q W LL J i 0 Q W d N 14� N M O f� O A O O n a O w O O M a0 V O N A M _p m W y m J a (H (9 �A fA f9 f9 (A fA fA !9 fq 1A 1A f9 O F 10.1 Z ¢ EL m M o N U� 9 N W N J w W Z YO W = J W � W W W M H pl#, LL J LL J LL J LL J Q W Q Q W W Q W Q W LL J Q W LL J i 0 Q W d N OD N M w OD N A O A O O n a O w O O M a0 V O N A M O Ld � a O C � N W QI •m c a L m U � At J � •O O d N N n o> N N ZO H d m m N, h ^ IL to m V E L N N N = o CD c ;, p Z etl G 0 x x °° °° ` z " LL ((p J J W W N p c� tD N Co N 3 N > O W Z Z >> W W a O N m 0 a a Z VJ tlJ tq W w 0 0 O ~ O F p p w O LL LL m V 7 ~ uD L N! L oy W F Z a d' N £ m oD a0 W W } W O W O O � V o o H > O Z w LL w O 0 a O a W 0, M >> LL LL y aty a s Z Z r U U p 2 p of J c Z U U O O= w LU J U U O Y .. CL � Z 2U j ui O a a Z m z Z H U Ir a W a e m J 0 O O O d J 0 2 W � J U J J J J z p A y o 0 N r r r r r r r r &6 O. N A A SOH 10.1 Z ¢ EL m M o N U� 9 N W N J w W Z YO W = J W � W W W M H pl#, 10i MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. MATERIAL MANUFACTURER 1. STREETLIGHT LUMAC POLES /FIXTURES 2. 3. 4. 5. Dated 05/06/2008 ma GC -P -3 10i 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 Subcontractor and Address 1. CONCRETE BRADANNAINC 2805 S. HORSESHOE DR -UNIT 12 NAPLES, FL 34104 2. 3. 4. 5. Dated 05/06/2008 BENTLEY ELECTRIC COMPANY Bi der BY: GC -P-4 STATEMENT OF OF BIDDER 10i 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. GC -P-6 Proiect and Location Reference 1. CITY OF FORT MYERS KRAFT CONSTRUCTION DOWNTOWN STREETSCAPES DARREN 239 - 337 -9705 2. CITY OF MARCO ISLAND CITY OF MARCO MIKE DANIELS COLLIER BLVD 239 - 825 -9554 3. CITY OF NAPLES DAVE RIVERA US -41 (TAMIAMI TRAIL 239 - 253 -5839 4. QUARRY, SOMERSET, PLAYER COVE CENTEx HOMES DAYNA BERGER STREETLIGHTS 239 -494 -2054 5. AVE MARIA BARRON COLLIER PROPERTIES STREETLIGHTS DAVE DUNNAVANT 290 -3002 6, FIDDLERS CREEK GUYMANN CONSTRUCTION STREETLIGHTS AARON 574 -4774 Dated 06/05/2008 BENTLEY ELECTRIC COMPANY Y Bidder BY:n GC -P-6 i 2. 3. 4. 5. 10J 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) LF SY 30" TRENCH LF 20,329 3.33 67,695.57 TOTAL $ 66.695.57 Failure to complete the above may result in the Bid being declared non - responsive. Dated 06/05/2008 AM GC -P -7 10i Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within one hundred (100) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within twenty (20) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of FLORIDA County of COLLIER CHARLES A BENTLEY 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. 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-8 10i (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of FLORIDA , which operates under the legal name of Bentley Electric Company of Naples Fl., Inc and the full names of its officers are as follows: President CHARLES A BENTLEY Secretary ANNE BENTLEY Treasurer ANNE BENTLEY Manager CHARLES A BENTLEY The is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken , 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 legal entity GC -P -9 Witne s D- D. E Witness STATE OF FLORIDA COUNTY OF COLLIER BY: BENTLEY ELE( Name of Bidder PRESIDENT Title 10i The foregoing instrument was acknowledged before me this 5 day of JUNE 2008, by CHARLES A BENTLEY as PRESIDENT of COMPANY a FLORIDA corporation. He /she is personally known and did (did not) take an oath. My Commission Expires: " LISA M. DELISLE �'� Nobly Pubic - Shb d Fbrida Comdibn ExPii Fab 11, 2010 comnih11m1 0 DD 500500 lW4W q Nalbnai Nobly Ain. (AFFIX OFFICIAL SEAL) NAME: GC -P -10 corporation, on behalf of the to me or has produced as identification (//sg6ature{oof Notary) `! (Legibly Printed) Notary Public, State of Aon�* �- Commission No.: DD ,S OSSOb n. (//sg6ature{oof Notary) `! (Legibly Printed) Notary Public, State of Aon�* �- Commission No.: DD ,S OSSOb 10i KNOW ALL MEN BY THESE PRESENTS, that we Bentley Electric Company of Naples, FL Inc. (herein after called the Principal) and Merchants Bonding Company (herein called the Surety), a corporation chartered and existing under the laws of the State of IOWA with its principal offices in the city of Des Moines and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Government (hereinafter called the Owner), in the full and just sum of Five Percent of Amount Bid dollars ($ - 5% good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Immokalee MSTU Beautification Phase IV Street Lighting Renovation Project Bid No. 08 -5065 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 ?W) ificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE Five Percent of Amount Bid the fixed sum of $ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 2nd day of June , 2008. m Countersigned Local Resident Producing Agent for Merchants Bonding Company Principal (Seal) Surety (Seal) 10i Merchants Banding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corpora' duly organized under the laws of' he State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, bath made, constituted and appointed, and does by these presents make. constitute and appoint Kevin Wojto-wicz, Glenn Arvanitis of St. Petersburg and State of Florida its true and lawful Attpmey -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligaiions in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of. TTLLREE MILLTTO2d (,e,3,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE If, SECTION 3 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 16th day of January, 2006. STATE OF IOWA COUNTY OF POLK ss. •,��lNG CQ�A •• MERCHANTS BONDING COMPANY (MUTUAL) :•��_' �RPQy 9 �i? -0- ^• • z. �� y; 1933 By • .... .... \�aC ~• President On this 16th day of January, 2006, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seat affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. °+ CINDY SMYTH Commission Number 173504 ,eW My Commission Expires March 16, 2009 STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 2nd day of June , 2008 POA 0001 (1/06) Secretary •z: :6'• 1933 c: Secretary 10i THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: <*Bid Number; aProject 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 Signature & Title DATE: 06/05/2008 GC -P -13 10i CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Bentley Electric Company of Naples Fl., Inc., of 4406 Enterprise Ave, Naples Fl. 34104, ( "Contractor "), a Florida authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Immokalee MSTU Beautification Phase IV Street Lighting Renovation Project, Bid No. 08 -5065 ('Project'), as said Work is set forth in the Plans and Specifications prepared by McGee and Associates, the Engineer and /or Architect of Record ( "Design Professional') and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement' and sometimes as the "Contract'). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount'), in accordance with the terms of this Agreement: one million, one hundred seventy -six thousand, sixty dollars and eighty -seven cents ($1,176,060.87) G C -CA 13 10i 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 w-ww. fins. treas .gov /c570 /c570.htmlgcertified. 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 one hundred (100) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within twenty (20) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. GC -CA14 10i 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 definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand four hundred and twenty three dollars ($1,423.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving GC -CA15 10i Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. 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 McGee & Associates and identified as follows: Immokalee MSTU Beautification Phase IV Street Lighting Renovation Project as shown on Plan Sheets 1 through 28. 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: GC -CA16 10i Darryl Richard, Project Manager Collier County Alternative Transportation Modes Department 2885 S. Horseshoe Dr., Naples Florida 34104 (239) 252 -5775 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: Bentley Electric Company of Naples Fl., Inc P.O. Box 10572, Naples Fl. 34101 4406 Enterprise Ave., Naples, Fl. 34104 239 - 643 -5339 Fax no. 239 - 643 -3685 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. GC -CA17 10J 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. 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 GC -CA18 10i 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. T1(V0 IT ES S: C(_ By: FIRST ITNE TVpe /Print Name �� "v,(�—\�L �L`?X,Y1 SECOND WITNESS �t) t try - i�Yl<�e f'�Cli�1 Type /Print Name Date: q ( a I VR ATTEST Dwight E. Brock, Clerk BY _ I I 1 +1� Appr a(t�im and Legal Sufficiency: Print�Col ItTh m - BYP,C/1 e, Assistant County Attorney OWNER: CONTRACTOR: -lectric Comp y of apt s Fl. Inc i Type /Print Nam and Title BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY F ORIDA C • BY: Tom enning, Chairman GC -CA19 Item # Lc_ - Agenda I Date y Date Rec'd - 1Oi `a EXHIBIT A PUBLIC PAYMENT BOND Immokalee MSTU Beautification Phase IV Street Lighting Renovation Project Bond No. FLC54146 Contract No. 08 -5065 KNOW ALL MEN BY THESE PRESENTS: That Of Naples FL Inc. _ Bentley Electric Comoanv and Merchants Bondin as Principal, 0 Company as Surety, located at 2100 Fleur Drive - Des Moines 1A 503�1 (Business Address) are held and firmly bound to The Board of Count as Obligee in the sum y commission of one Million One Hundred Seventy Six Thousand ix Dollars H r ier County, hty FL ($ 1,176,060.67 ) for the payment whereof we bind ourselves, our heirs, exits ex ors, Seven Cen personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 2008, with Obligee for Immokalee MSTU Beautification Phac tV 5t + i h in in accordance with drawings and specifications, which pffietion 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 Tull 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. y�\N t� WHEREOF, the above parties have executed this instrument this day of 20 'the name of each party being affixed and these presents duly sig d by i under - signed representative, pursuant to authority of its governing body. GC- CA -A -1 Signed, sealed and delivered STATE OF Q O C- k%A COUNTY OF o f The foreg BY: NAM ITS: before as l0i PRINCIPAL Bentley Electric Comp y of Naples/ CS n 1 of ';OrA�AV!24 st , al A- Lt)a ck __ corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (di no a e an oat fj M Commission Expires: (Signature of Notary) Nolr) PNIe - 8YU M fM1Y �-y� comwo" �yiwtin. NAME: ►n�} ! / I,Delt cowiioM^IODl01109 (Legibly Printed) w.............. _ . (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety GC- CA -A -2 Notary Public, State of I'londct Cornmlission "ao.: DD5O9'500 SURETY: Merchants Bonding Company (Printed Name) 2100 Fleur Drive Des Moines, IA 50321 (Business Address N/A (Authorized Signature) N/A (Printed Name) , Inc. ''ZI .- Jean asio Witnesses 0'4aret A. Schulz STATE_ OF Florida COUNTY OF Pinellas 10i As )CttoAey in F ct & FL Licensed Agent (Attach Pov of Attorney) Glenn Arvanitis (Printed Name) 1126 Central Avenue St. Petersburg, FL 33705 (Business Address) _ 727- 209 -1803 (Telephone Number) The foregoing instrument was acknowledged before me this day of , 2008, by Glenn Arvanitis as Attorney -in -Fact __ Of Merchants Bonding Company Surety, on behalf of Surety. He /She is personally known to me OR has produced Known as identification and who did (did not) take an oath. \ - My Commission Expires: (Signature) p I / Name: � �G�C e.��'en w (Legibly Printed) (AFFIX OFFIC AL SEP.L) nto ±a r Public Sfate —,: Florida Commission No. 93a CC- CA -A -3 I0i EXHIBIT A PUBLIC PERFORMANCE BOND Immokalee MSTU Beautification Phase IV Street Lighting Renovation Project Bond NO. FLC54146 Contract No. 08 -5065 KNOW ALL MEN BY THESE PRESENTS- That ___ Bentley Electric Company _ Of Naples FL, Inc__ , as Principal, and Merchants Bonding Company as Surety, located at 2100 Fleur Drive - Des Moines, IA 50321 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier County, FL_._ as Obligee in the sum of One Million one Hundred Seventy Six Thousand Sixty Dollars pcl_Eighty_aeven Cents ($ 1,176,060.87 ) 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, with Obligee for Immokalee MSTU Beautification Phace iy Strac4 ;,,ti +.gi,.,omevatien RrI "ea n accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal- 1 . Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. GC- CA -A -4 10i _ %W 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 , 2008, the name of each party being affixed and these presents Vuly si ned by its undersigned representative, pursuant to authority of its governing body. Signed, seale je5nt delivered as to Principal STATE OF Yo a4v COUNTY OF' PRINCIPAL Bentl Electric CwpaQ of LDII FL Inc. BY -^ Ll NAME: v�� ITS - 4 )b� goi ng instrument w s know dged Pore e th s � day of 2008, by �S as . v of a e corporation, on behalf orporation. He /she is personally known to me OR has produced as i e ification a14= at M res: M& no ftft ff Gwom ��rrwn. dlr�Y�NSIDE C ivaine. saw 1b omw ,y,, - (Legibly Printed) (AFFIX OFFICIAL SEAL) GC- CA -A -5 Notary Public, State of: �ov"' Commission No.: ATTEST: Witnesses as to Surety Jean JidS70 Witnesses Marg et A. Schulz STATE OF COUNTY OF Florida Pinellas OR 10i SURETY: Merchants Bonding Company (Printed Name) _2100 Fleur Drive Des Moines, IA 50321 (Business Address) N/A (Authorized Signature) (Printed As AtXrney In Fa & FL Licensed Agent (Attach Power o-f Attorney) Glenn Arvanitis (Printed Name) 1126 Central Avenue Suite 200 St. Petersburg, FL 33705 (Business Address) 727 - 209 -1803 (Telephone Nun;ber) The foregoing instrument was acknowledged before me this _ day of , 2008, by Glenn Arvanitis as Attorney -in -Fact of Merchants Bonding Company a Surety-, On behalf of Surety. He /She is personally known to me OR has produced Known - as identification and who did did not) take an oath. My Commission Expires:_ (Signature) p Name: LJao e. E. I e.ofr N (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Florida Commission No.: ELLERiN GC- CA -A -6 RM IONMDD78pgi1 pril I1,20II Llawa Awac. G. l0J Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, bath made, constituted and appointed, and does by these presents make, constitute and appoint Kevin Wojtowicz, Gleim Arvanitis of St. Petersburg and State of Florida its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such Instrument shall not exceed the amount of., TTIREE MILLION ($3,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 16th day of January, 2006. STATE OF IOWA COUNTY OF POLK as. •�'Q�t1G.Cp •Op�oP P 09q�92� MERCHANTS BONDING COMPANY (MUTUAL) • •z• •z: 1933 ; c; :yJ 1933 rcti ; By aZ's� l President On this 16th day of January, 2006, before me appeared Larry Taylor, tome personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the.said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf Of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. + CINDY SMYTH Commission Number 173604 c.. My Commission Expires March 16, 2009 STATE OF IOWA COUNTY OF POLK as. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -0F - ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this day of POA 0001 (1/06) �o\tka Co�,,�• �o•.ogPOq .y•. •z: 1933 ; c; Secrefary From. Caren Dwyer At: Dawson of Florida LLC FaXID: 356 -2126 To Collier County Government Date: 6272008 02: 1Poai 2 of 3 ACI CERTIFICATE OF LIABILITY INSURANCE CB ID CW DATE (MM27/ 8 ENTL-2 06/27/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dawson of Florida; Naples 6609 Willow Park Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY NUMBER DATE (MWUDNY) Naples FL 34109 Phone:239- 261 -6116 Fax:239- 261 -2803 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Cincinnati Insurance Company 10677 INSURER B' PCCI CewnacLl Insurance Co. EACH OCCURRENCE Bentley Electric Company of Naples, FL. Inc. INSURER C. X INSURER D. CAP5832545 PO Box 10572 Naples FL 34101 INSURER E PREM16ES (Ed docurence) $100,000 rOVFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCR19FD HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MWUDNY) P`310" EXPIRATION DATE (MMIDDIYY) LIMITS REPRESENTATIVES. AUTHORIZED. REPRESENTATIVE GENERAL LIABILRY eY . _ — J EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL II ABILITY CAP5832545 02/01/08 02/01/09 PREM16ES (Ed docurence) $100,000 RED ExP(Any one Person) $5,000 CLAIMS MADE OCCUR PERSONAL S ADS INJURY $1,000,000 X Contractual Liability GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMI AGO $2,000,000 POLICY X JE6 LOU A AUTOMOBILE LIABILITY MY AUTO CAPS832545 02/01/08 02/01/09 COMBINED SINGLE LIMIT (EaaoomerR $1,000,000 X BODILY INJURY (Per Person) $ X ALL OWNED AUTOS SCHEDULED AUTOS BODII Y INJURY IPer acadenB $ X TRIED ALTOS NON OWNED AUPOS X X PROPERTY DAMAGE (PP, e,VdPnU $ Comp Ded: $1,000 X Coll Ded: $1,000 GARAGE LIABILITY I AUTOONLY FAACCIDEW $ OTHER EA ACC $ AlNYAL70 $ AlII0 ONLY NLY. AGO EXCESSIUMBRELLA LIABILRY EACH OCCURRENCE $5,000,000 A X OCCUR CLAIMS MADE CAP5832545 02/01/08 02/01/09 AGGREGATE $5,000,000 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATON AND Vy A IYU X TORY LIMITS ER B EMPLOYERS' LIABILITY ANY PROPRIETORPARTNEWExECUTIVE OFFICEWMEMBER EXCLUDED' 55235 09/17/08 09/17/09 E.L. EACH ACCIDENT $ 1,000,000 E. L. DISEASE EA EMPLOYEE $ 1,000,000 oyes, desalbe under SPECIAL PROVISIONS be. EL DISEASE POLICY LIMIT $ 1,000,000 OTHER A Property CAP5832545 02/01/08 02/01/09 Blkt BPP 155,500 DESCRIPTION OF OPERATORS) LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS +30 days notice of cancellation except 10 for non - payment. RE: Contrac# 08 -5065, Immokalee MSTU Beautification Phase IV Street Lighting Renovation. Collier County Government Purchasing Dept is listed as additional insured with respect to general liability. r FRTIFIrATF HOLDER CANCELLATION COLL130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 • DAYS WRITTEN Collier County Government NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Purchasing Dept IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3301 E. Tamiami Trail Naples FL 34112 REPRESENTATIVES. AUTHORIZED. REPRESENTATIVE eY . _ — J ACORD 25 (2001108) 0 ACORD CORPORATION 1989 . OL v v From: Caren Dwyer At Dawson of Florida LLC Fa %ID 356 -2126 To: Collier County Government Date: 6272008 02:52 PM Page: 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement 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. ,no 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 acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. (5) The Contractor and /or its insurance carrier shall provide 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 ioi 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 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 -2 100 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 $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 (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 Irom 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 GC- CA -B -3 10i (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 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. GC- CA -B -4 10i (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 -5 101 Q U U c� 0� a a w o F Z = U = O H F d � _ N L Z G ~ � C F m E I W � C U W O N o Q ? R � W O N � N d N W m ow az m LL U J ao �� m F v C N_ - 1 = �, z Hi O O H o E — N ILL' O N a E N � O m y O _ _ s a s '. ICI J W m� a a O O W U o z Se W � F � �I w 0 0 2, l L v HI U o III N C MIL N �, 7J U O I W'. ; Q 2 U ¢ II a � y a � I LL = m CO C � — m c m o I N C - O L m p N o N w J a U O C O C L C C o N I I U n x Wc3 W la` Iz Q U U c� we Q c6 E `O U- a O U d N t6 .O R a v cn N C C O U_ x x W l0 , M Q U U C7 W N C A C 10 m a a O d 'C ❑ f°a N N C L — H 3 d U d c a - a p N 'C > ' m m a d N � F >' a 7 > > U Gl d d � U N _ a 0 E > O = Z m Q Q 7 N C O w U N d ❑ O R l0 , M Q U U C7 IQ! 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 2008 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 ent The foregoing instrument was acknowledged before me this day of 2008, 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.: a 10i 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) IC» 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) 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 TO: Project Name: Bid No. : Change Order No.: Change Order Description IN 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: Project Manager Date: Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Cost Center: Object Code: Project Number GC- CA -E -5 OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date 10i 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 10i The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional By: Type Name and Title M CONTRACTOR accepts this Certificate of Substantial Completion on , 2008 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on 2008 0 OMY4011 7 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 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. 2. 3. 1 ©J ME All Punch List items completed on Warranties and Guarantees assigned to Owner (attach to this form). 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 11 12 Consent of Surety received on Operating Department personnel notified Project is in operating 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. explanation. Acknowledgments: By Contractor: By Design Professional: By Owner: If NO is checked for any of the above, attach GC- CA -G -1 phase. (Company Name) (Signature) (Typed Name & Title) (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 10i 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 10i 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. KIRGY_MM Iai 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. 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 l0i 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 in accordance with Florida Statute 255.078. 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 shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and 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 10i 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 10i 52 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 10i 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 1 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 IN 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 10i 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 10i 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. 12.1 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 GC- CA -H -11 10i 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 determined by final judgment that an action against the Owner or an indemnified party GC- CA -H -12 low, 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 IN 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 10i 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 l0i 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 10i 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 l0i 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 re�.aNe:6Ea l0J 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 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, ICIOMIYA.mRLai 10i 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 Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; GC- CA -H -20 10i 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 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 rK.aNe:��i 10.E 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 ail 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. Celexey -AMI A, 10J 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 10d 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. No markup shall be applied to sales tax. 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: [eiaye.fVz! IN 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those GC- CA -H -25 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 WJ 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 10i 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. 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. rK.aye:W43 10i 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. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project' shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. GC- CA -H -29 k-M EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 1. The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and /or services purchased as a part of this contract. 2. The County will maintain ownership of the removed lighting (will be transferred to Hendry County). The awarded Contractor will coordinate with the Project Manager the process for moving and storing the materials. GC- CA -1 -1 IN EXHIBIT J TECHNICAL SPECIFICATIONS GC- CA -J -1 10? EXHIBIT K PERMITS GC- CA -K -1 IN EXHIBIT L STANDARD DETAILS GC- CA -L -1 10! EXHIBIT M PLANS AND SPECIFICATIONS GC- CA -M -1 10i GC- CA -N -1 L'�✓�i^ , - ��'r 10� -c�� Presently, Collier County has enacted Ordinance 96 -16 which Ordinance provides for the utilization of the Clam Bay area by motorized watercraft provided that they operate with no wake and at idle speed. The Management Plan recommends no change in that protocol. The PBSD will however, in cooperation with the County, vigorously enforce the existing Ordinance. Further, if significant adverse impacts to the natural resources and water quality of the Clam Bay system are confirmed by the Collier County Department of Natural Resources, the FDEP and the Corps environmental staffs to be directly attributable to the use of motorized boats within the Clam Bay system, then additional restrictions or adjustments in the use of motorized boats withir? the Clam Bay system shall be considered for imposition to insure that the ecological integrity of the Clam Bay system Is preserved. To the extent that additional constraints on the use of the Clam bay system are at any time in the future determined to be necessary to preserve the ecological integrity of the Clam Bay system, such constraints will be imposed only so long as is necessary to ensure that the damaged resources within the Clam Bay system have recovered and /or the water quality has returned to and will continue to meet state water quality standards for those parameters associated with boating and motorized vessel usage including copper, cadium, zinc, hydrocarbons (PAHs) oils and greases, dissolved oxygen total nitrogen, total phosphorous and total fecal and coliform bacteria. Appropriate notification, signage and policing will be provided by the County or PBSD to ensure compliance. The signage will be strategically placed both at the entrance to Clam Pass and in the areas around the boat ramp located at the southern end of Outer Clam Bay. These are intended to insure that persons accessing the Clam Bay system are informed of its unique ecological characteristics, the limitations of access resulting from variations in water depth, the existence of no wake /idle speed requirements for motorized boat operation and importantly, the necessity of staying out of areas identified as having maturing seagrass beds and potential manatee habitat. Precise locations and language to be included in the signage will be determined in cooperation with the agencies post permit issuance. Finally, the main channel will be marked in accordance OR042680;1 /FPI 3 8 with the requirements imposed by the United States Coast Guard to insure that those who use the system clearly know where the channel is and the prohibitions against operating their water craft outside the same. Additionally, the enlargement of the tidal exchange mechanism creates potentially hazardous conditions at the mouth of Clam Pass. Historically, this area has noticeable tidal movement, - but is gentle enough to •allow free -swimming and wading. The adjustments contemplated here are likely to result in tidal movement that can be hazardous except to the strongest of swimmers. Channel depths will prohibit most wading, particularly during a high tide. Appropriate warning signs and monitoring of human use in the Clam Pass area will be required post implementation of the Management Plan to insure the safety of beach users. OR042660;1 /PP1 3 9 Chart 11430 rage I or t 10L -cr r- - Chart: 11439. Edition: 2(4 Edi im Date 11/V205, U le Date: 2W26W 0 m rn venetian J fY q Mangan - Outer �Py Nfmsh Clem Bay _ - - -_ — _._ ..5.. ........— __T`... —_— —_-- -- B _— — 7 16 16 14 18 16 I� 13 ~ 18 17 j 18 - -- 19 19 18 18 18 21 h 2i �. 18 19 h 21 21 21 r— J 21 i t m . Click the +/- bmtoas and drag the slider tool (solid triangle) to zonm in and oat . Click the arrow batman to pan left/right and op/down. . Drag the navigation box in the upper lea had corner to move around the chart image. Looking for a diBercut chart? Try He Find A Product Site This chart display or derived product an be used m a planning or analysis tool and may not be aced as a navigational Rid. NOTE: Use the official, full scale NOAA motial chart for real avigatim whenever possible. These are available from authorized NOM nautical chart mks agents. Screen captures of the m4ne vi wable charts &"liable here do NOT fd911 chart carringe requirements for regulated commercial vessels under Titles 33 and "of the Code of Federal Regulations. Adobe Flash Player is required to view the chart image. Powered by Zoomifi. http: / /www. charts. noaa .gov /OnLineViewer /11430.shtrnl 6/1/2008 �M. 10 L -cR Large apartment buildings on either side of the en- ova trance are prominent. crC (223) Pas fish (217) Clain Pass, about 5 miles N of Naples, is a shoal cha drainage canal to Outer Clam Bair. The pass is used Z60; only by outboards in good weather. A fixed pedestrian cha' bridge with a clearance of 7 feet vertically, and 12 feet (224) horizontally crosses outer Clam Bay. (See 117.1 buo; through 117.59 and 117.323, chapter 2, for draw- a 50 bridge regulations.) Carl the e chap (22s) f (218) Wiggins Pass, 4 miles N of Clam bass, is subject to are p frequent changes. The pass is used b the ing Cocohatchee River and the chain of small a p_ dot tl land waterways that lead N to the passes in Estero Bay. `226j vatel A private light marks the a 3 the pass, a channel, marked rb approach to the pass. Inside branc by private daybeacons, 200 f leads S to Watac- T.,_"_.D_ Mt____ qn1 b _ c o' . . A b N 10 L -60- Results "Canal" was located at the eastern end of an east -west oriented residential canal connected to k Bay. The water quality data were then analyzed for a number of different determinations. Among ✓ f these were the following: Q_ l . 1 1. Based on the data collected, what were the general water quality conditions intClam Bay during our study? 2. What water quality parameters (i.e., turbidity, phytoplankton, and "color") best explain differences in water clarity? 3. Which nutrient, nitrogen or phosphorus, best explains differences in phytoplankton abundance? E Vol x 4. Are our conclusions in -line with prior assessments of water quality iruClam Bay? Water quality at the five sampled locations, during this study, is summarized in Table 3.1. Table .1 - Water quality results for selected parameters for 5 stations in Clam Bay. Dbta are means of n = 6. "Fla. Median" = median value for Florida Estuaries. "Fla. 1 /o Bes is va ue ow which are the best 10% of estuary values. "Fla. 10% Worst" is value above which are worst 10% of estuary values. "NA" = not available. Tarr 24 1. GN e{►. <J Ell, � Clam Bay Seagrass Assessment DRAFT October 2007 r Salinity Chl-A- Total Total Turbidity Color Location (Ppt) (pg I liter) NHrogen Phosphorus ( ) (PCUi (mg /:liter) (mg l.[Her CB -5 37.3 3.3 0.44 0.03 2.18 4.2 CB -14 36.3 4.4 0.40 0.04 2.53 4.6 CB -26 36.4 5.8 0.46 0.04 15.0 CB -27 35.9 9.2 0.50 0.05 4.83 10.4 CB -CNL 35.5 10.5 0.52 0.06 3 18.3 Fla. Median NA 9 0.8 0.07 NA NA Fla. Best NA 1 0.3 0.01 NA NA 10% Fla Worst NA 36 1.6 0.20 NA NA 10% Tarr 24 1. GN e{►. <J Ell, � Clam Bay Seagrass Assessment DRAFT October 2007 r 10 L -CR .; CB -5 CB -CNL % INCREASE SALINITY 37.3 35.5 -5% PPT Chl -A 3.3 10.5 218% /LITER TTL NITROGEN 0.44 0.52 18% MG /LITER TTL PHOSPHORUS 0.03 0.06 100% MG /LITER TURBIDITY 2.18 3.73 71% (NTU) COLOR 4.2 18.3 336% (PCU) 10 L- C R I Chart 11430 Chart: 11430 Edition: 26 Edition Da -- V7 �- �1 Mangrove F r -- 16 T 16 16 10 L "CaK11 of 2 11/1/2005 Clear Dates: NN NQ..�/ reh Clavn e"Y � .. ... .................... .. _ 12 14 a 18 F, 21 18 19 �9 11119 j1s V L F 1IOF M E x 1 CO ?9 • Click the +/- buttons and drag the slider tool (solid triangle) to zoom in and out. • Click the arrow buttons to pan left/right and up /down. • Drag the navigation box in the upper left hand corner to move around the chart image. Looking for a different chart? Try the Find A Product Site This chart display or derived product can be used as a planning or analysis tool and may no http: / /www. charts. noaa .gov /OnLineViewer /11430.shtml 6/24/2008 21 21 h 21 21 2 1 Clear Dates: NN NQ..�/ reh Clavn e"Y � .. ... .................... .. _ 12 14 a 18 F, 21 18 19 �9 11119 j1s V L F 1IOF M E x 1 CO ?9 • Click the +/- buttons and drag the slider tool (solid triangle) to zoom in and out. • Click the arrow buttons to pan left/right and up /down. • Drag the navigation box in the upper left hand corner to move around the chart image. Looking for a different chart? Try the Find A Product Site This chart display or derived product can be used as a planning or analysis tool and may no http: / /www. charts. noaa .gov /OnLineViewer /11430.shtml 6/24/2008 `u m s G I d § �I , u I _I 1 I E I N LL I µl g ° o s 6 �1 �I r mA II ,, I I I F , ' O0 I ill V if''. I I I { I I'll a i OOMXOlY3 3XYl O m � _ � Y tl 3° - R L� s z J a m oul i I ,.I R L� s a � z e 3 a U W y y _3 x W S F y z J a m oul Mme ° X w Qi 7 W o ¢F w U ao3 s 92° � i S F W F U p Q Q sSLL� f C M V 0 o w ° + ao a � z e 3 a U W y y _3 x W S F y 8 .(n N V N Orel V 4� C1. o a 10L -CR _Nd ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP le 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 Beard 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 1. Jacqueline Williams Hubbard, Litigation Section Chief County Attorney's Office JWH Applica ble) 2. Sue Filson, Executive Manager Board of County Commissioners Agenda Item Number 12b 3. Minutes and Records Clerk of Court's Office 4. Jacqueline Williams Hubbard, Litigation Section Chief County Attorney's Office Number of Original 4 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 sigmature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Jacqueline Williams Hubbard, Phone Number 252 -8400 Contact Litigation Section Chief (Initial) Applica ble) Agenda Date Item was 6/24/08 Agenda Item Number 12b Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Settlement Agreement Number of Original 4 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST C Formsi County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 r 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 JWH 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 ACC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the Connty Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the$oard 3. The Chairman's signature line date has been entered as the date of BCC approval of the JWH 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 JWH signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip N/A 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 made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 7. Please return four executed original documents to Jacqueline Williams Hubbard, JWH Litigation Section Chief C Formsi County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 r r MEMORANDUM Date: August 14, 2008 To: Jacqueline Williams Hubbard Assistant County Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Settlement Agreement and Mutual Release Enclosed please find one (3) original and one (1) certified copy of the document as referenced above, Agenda Item #1213 approved by the Board of County Commissioners on June 24, 2008. An original is being retained in the Minutes and Records Department. If you should have any questions, please contact me at 252 -8411. Thank you Enclosure 128 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release ") is entered into and made on this a W day o` 7-1r 2008 by and between Plaintiff, Lucky M.K., Inc. a Florida corporation, (hereinafter referred to as `M.K. ") and Collier County, a political subdivision of the State of Florida, and JIM COLETTA, in his capacity of Chairman of Collier County Board of County Commissioners (hereinafter referred to as the "County ") WITNESSETH: WHEREAS, Plaintiff filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, styled Luc10, M.K., Inc. a Florida corporation, v. Collier County, a political subdivision of the State of Florida, and JIM COLETTA, in his capacity of Chairman of Collier County Board of County Commissioners, Case No. 07 -0958- CA (hereinafter referred to as the "Lawsuit "); and, WHEREAS, Plaintiff and the County, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Plaintiff and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. 128 NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Plaintiff and the County agree as follows: Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses ", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in consideration of the sum of One - Hundred Fifty Thousand Dollars ($150,000.00) payable to the Board of County Commissioners, within thirty (30) days from the date of this agreement. 3. The Board of County Commissioners' agree to release the "Irrevocable Standby Letter of Credit No. 07 -10" in the sum of $434,659.79. Upon submitting the Release of Letter of Credit to Orion Bank, Orion Bank will, as a condition of the Release, issue a draft payable to The Board of County Commissioners in the amount of One - Hundred and Fifty Thousand Dollars ($150,000.00). 4. The Plaintiff agrees to dismiss the Lawsuit with prejudice upon the issuance of the Release of Letter of Credit by the County and the payment of One - Hundred and Fifty Thousand Dollars ($150,000.00) to the County. 5. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of itself, as well as on behalf of their attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, 2 12B expenses and obligations of any kind or nature whatsoever that he has asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the Lawsuit. Along with the matters specifically addressed in this Agreement, it is the intent of the parties that this Agreement resolves those issues outlined in the County's letter dated February 23, 2007, a true and correct copy of which is attached hereto as Exhibit "A ". 6. Notwithstanding anything that may be to the contrary in Paragraph 5 of this Agreement and Release, Plaintiff and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 7. Plaintiff and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 8. Plaintiff and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the Comity. 9. Plaintiff and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 3 10. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 11. In the event of an alleged breach of this Agreement and Release, Plaintiff and the County agree that all underlying causes of action or claims of Plaintiff have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Plaintiff and the County further agree that the sole venue for arty such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 12. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this Agreement and Release as set forth below. Date: ATTEST: D`WIGHTE.- -WOGK; Clerk r 'f y:J{��C er �t e�'tut�s tohChaIram t signature oello Date: LUCKY M.K., INC.: Witnesses: j (Signature) I rll14 C- -S--�0u5 (Print) 4 Date: G � 7-%t Q & BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:_ TOVTENN G, Charon R -fjj' ✓eS,CIC l J. l Date: 1� I C3 I ( to V--1n and legal sufficiency: W-k Slack', Esquire Magan Kellam, Esquire STATE OF P I CA'AG� COUNTY OF Cal � ( ti (CORPORATE SEAL) THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN COLLIER COUNTY, FLORIDA WAS SWORN TO and '1 'k \Chckf & Ssc)Qs representative of LUCKY M.K., this —_ day of 2008. (,CYUI _lam Personally Known I Public or JAMIE M. ROMERO h Produced Identification My COMMISSION x DD 577182 c EXPIRES: July 24, 2010 (Please print, type or stamp) My Commission expires: Approved as to form and legal sufficiency: cqueli e Williams Hubbar igation Section Chief 07 /0958 -CA /1740 12B PLAINTIFF AND subscribed by INC., before me on Type of Identification Produced Item # Agenda Z� Date Date 5 Deputy Clerk JUL /11 /2008 /FRI 10:39 AM PAULICH SLACK WCLFF :7 Q) f QT,T,TFR000NTY 33013L" halal Tnil VAFL 34rl"903 ,h.oe p39) 773 -9.300 1'.n11NIw C"9) 77"=J PAX go. 239 201 2795 P.002/004 DAVM r.... WFJGx.T, COLL= COMM A77'OSNSY RWdI T. A.W.a JaWprA. BQpsmu mi., T. r,1.. "m (bnse, td. Qr . Via Fewimile 7h3emtlm/on & Begutar US, Mail (23 .0) 261 -2795 February 23, 2007 MAa Sleek aaquire Paa * Slack & Wait; P.A. 5147 Castello Drive ' Naples, Morida 34103 Re: Green Heron DRVPVD Duet W. Slack: ' The following is a coat estimsto of oµtetmtdiog ocmmitmmb in the Greer Heron DRD7M 1. Radio Road a, 1Mntaar. . 2164 HnW fnot x 6' ddl 1,443 square yard x 3.62 — , " 563,232.26 b. Proportional ' lur iux R '3' R + r . to Barbara to Devi• 13oulev+m13774, 139 0 (oebailatiuu pruvided by Tit Consultants, Tao. on behalf . aI chedu Hen ro33 DRVFUDI 2. Santa Barbom Boulevard a. Pie 2dgz er_ ofY4aniaBa_�ha__Boulevaal wujSil!' from ,;ddm [fete ParkvreY to navies Linlllmrd Current rcnslmrhrm Sog of Ssato Kwhpn Ymject: 551,000,000.00 12B EX BIT JUL /II /2000 /121 10;39 AY PAULICII %Ad KMYP FAX NOD 201 2795; P.003/004 Mark o-ok. l4gaire Yshrnaty 23, 2ox7 Pags Two b. Proportional shwa nt" than piomn DRLPIID: $1,122,000.00 (calculadc t made using TR Consultsml, Tno, methodology) C. rM0299nal ahem !bt a4w4inaia . III low =d otler lLmjruY=LQUw fo, tlw inuxauctiuu ofRal1u ad aid Santa Harbara Boulovard (focludod fa above pri jest] 3. Davis Douleve'd ' a. Eortional sham 11&I Wa Davis Boulevard from Radio Road to CR951 S352,000.00 (calenls),ion provided by TR Consultants, Tao. on behalf *f Green Heron DRIMM) b- sliv 1710x@1 wo belie" tltia ebuuld hsvo bore brawl vu 0+e pf vieua impmvoo -b. additional Imp Is In this intasasiuu will be dww es pat of the Davie Duulov.ud 9loject, atld our 1La011fIDmdat.. is that ftu o imptovom®ta will be covered by tho wider of Davis Boulevard. . i o. Eery; at .^lion to Kress and other iuU?MV* lmmts for do wow, gains of Case ,;;area onto Radio Road Satimatsd aigasliaatipn cost: $375,000.00 Proportional share (1(2 of coat): $97,500.00 '!'Lass cslculatiom m fit in the fnllmvlag inrala: 1. ?ytil4IDyp0(OyddW ovitid by developer: 52,248,139.00 lugmt Fees paid by dovolupa: . , � 31 693.442.00 Bata vwwL 3 544,697.00 2. Total aite related imvrov<mmoata (not cligbL, 1br impoot foe ar•dit): $150,732.26; t8idowalk 40M in PLM frontasc 2164liaaarfvotx 6' width 1,443 square yard x $43.92 Y $63,232.26; 2wpgrgonal abare for n rxl&lizlfi r ...A n U— i.........w.....e ti.e Fl.. •..y. —f nF l irwnn M.,nn rmM RediO Road. lava :.� a l,t a 1' e ' :e a • a- 'M RL /I ((2000 /FR 1 10:39 AN PALUCN SIM WOLFF FAX No. 239 201 2795 ?.004/004 �j Mvk 8laely Re9vin / ketrcasry 3�, aa07 Yap Three IdiwallBUmlue Hloyele realm at etorap fidlitiea in rremVotioaol, oommaxoiAl and teddaptial Brae. Cooperating with tho loBBtion of bus "a, aheltots and of arywaangar and systems accommodations.. Phase feel free to oonmotme If you have my questions Bpd advise u soon as poaaible bow yam oliem int nds to resolve this matter. Sinooarrotlly,�aa lfm WllllamepQlyRubbbsidcd t C.oamy Amomey C= DsvW C. Weisak Cmmy Awry leffMotdom, a..t.+w C-wAJ A*MW romp aalmta A, Inskaaa-= ;9 Dmaw Yedac, AdminWateF lkeppmaam Doaetd SA m� ai TranelPteoRYas CLaae Auek. r Lie4iedpd Planwr�6me�P�s Page 1 of 1 I2B Teresa L. Polaski From: HerreraSandra [sandraherrera @colliergov.net] Sent: Thursday, August 14, 2008 4:05 PM To: Teresa L. Polaski Subject: 07- 0958 -CA COMPLEX - (Green Heron) Lucky M.K., Inc. v. Collier County & Coletta Attachments: Doc 1748 2EF3.PDF Exhibit A to the Settlement Agreement was inadvertently left out. Can you add Exhibit A as part of the Settlement Agreement? Thanks. Sandra Herrera, Certified Paralegal Office of the County Attorney 3301 Tamiami Trail East, 8th Floor Naples, Florida 34112 -4902 Phone: (239) 252 -8400 Facsimile: (239) 252 -6300 San_ clraherrera @colliergov. net PREPARED IN ANTICIPATION OF LITIGATION, REFLECTS THE MENTAL IMPRESSIONS, LITIGATION STRATEGIES AND LEGAL THEORIES OF THE UNDERSIGNED ATTORNEY AND IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE PURSUANT TO § 119.071(1)(d), FLA. STAT. THIS MESSAGE IS INTENDED FOR THE RECIPIENT ONLY. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY. USE OR DISSEMINATION BY ANY PERSON OTHER THAN THE INTENDED RECIPIENT IS STRICTLY PROHIBITED. 8/14/2008 CoMW County Property Appraiser 6/22/08 1:55 PM 12 C- cp�, '11.4.1 I MEDIUM .. , i 1 r 1t Q co,* i UIgOn ♦ Introduction Of Search for Parcels by Aenal Photography January Urban 2008 - Rural -200] Page Rehashed al: 6I2Z2008 1:5162 PM http: // maps. collierappraiser .com /webmap /MaP.asPx Page 1 of 1 Collier County Property Appraiser 6/22/08 1:36 PM Collier County Property Appraiser NOME i INIRUnUCnOt1 ! rEEDLOCIt® nt➢? I'll - "j" MEDIUM _e -.. , ',. Je rFD iO�y _ r¢r I l namn 40 Introduction ♦ Search for Parcels by TmAl Segment: 402055 f1 Aenal PnObgraphy. 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Y m a> Y E c N t o °_�� o a Y y y a� ° y v o E N �. ._ 61 > Y V N C UO a0.. m Qi O ; d C m �' e a`� aci w v 95 c m o E m E L CL 0 O p m n +> y N o E O Y N C O o F N a'L+ ° tu U ° N E a0-� L N > Q N -N > E .a M Y 'p O Q O �• O W fA bD w U N N V U W Q d Q U m d d N N U I I I I I I I 13A 0 0 C L W w 3 �j 3 E w«.�� <��«...: ©e: � �� f� �� ƒ� � � { »\ \� \ � \ \\ s,� » \ < / \� \» » <�� \/� . \� \ /� ®� �\ <d \» : \�� \. ��.. \ \: � \ }� � 4i y� ± ,sr: :±�«��. l_, iJ NNW 2 m a � m c p O N C d C ° dwm O d h N O C 'O a p C C c y E o m c E � A y C O d C6 �o m m N m vi = on a a C) c m w N C) y y w Y Y L O C C �. � N 0 G a C l0 N .D N 6!= C a .• N c o N m - Y a v C-5 0: v Y m ✓ co `+ Z o V'- a N N N C = C O a c o aJ 0"o >p ° o�2CD o U h O N YO p C O O J w J a�n¢ ron O E O N c E c i N Y N >(n CO7Q3 N N a+ vi y 10 O N O N N p U N C C U L E E o m N Y N E c o a > N N Y C y 0 Y OE N W C . 'd y . o a o a L O l0 d N J C > N L jp w y .Nc a N `r N'0 N vj N N bL �"' C C C T✓ y Y C C O C N l0 O C N ++ U O >+ N N O N N qp N w a a d'.. N b0 T O N y e N 6 0 U O C y U t0 Y� y U C G x N 6 c s a c 'o °N °«mE N.tOEJ.VN O T bD N C p° y N N C C v n a a« a d c v Z5 O •O a C N N U C N l0 C N p m ° E E -Z.2 0 d E> E m n on N a a c� v J m C N d w N N U C LL 13A O C i W •fr� LZ LZ 3 A E w� W i O SO }% Cc' CD + ■a �= _ cr D E - E I O a Wx low cc No O a vs 2 m a � m c p O N C d C ° dwm O d h N O C 'O a p C C c y E o m c E � A y C O d C6 �o m m N m vi = on a a C) c m w N C) y y w Y Y L O C C �. � N 0 G a C l0 N .D N 6!= C a .• N c o N m - Y a v C-5 0: v Y m ✓ co `+ Z o V'- a N N N C = C O a c o aJ 0"o >p ° o�2CD o U h O N YO p C O O J w J a�n¢ ron O E O N c E c i N Y N >(n CO7Q3 N N a+ vi y 10 O N O N N p U N C C U L E E o m N Y N E c o a > N N Y C y 0 Y OE N W C . 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E m= E �� cd m .E +. E 0 0 m `0 0 v n y c v n 0 o v m 6 O t0 E ep c y .o d O O O w U C C IO 9 t0 O N .E y C 'O O> y 0 0 N N 0 o m N U 3 o v a y o m M a 7 U U m O m 3 o m N n O U d c O � U O = d N U O � N � Q N n � O � N O c o > m _ jp L y o a d � N C C y w i E c J m m N U �p J eo a v d m � « J w N � m o> C y N_ l0 9 = N m o d m N y C J a � a Q � C d 3 'tea O � A N = O w o N N O d m = O O J > 9 a o N m d c N O O U = O � U G O v 3 H J O � N n 3 n A = J n � d .O U ry a c r c o +J m bD A t0 = L v L a 3 M �+ 3 y c v d O E E `m y d d > � E (7 m U _� 3 0 d L N U J a r A 3 'O N C C L A q� U E T N O N U v y J y A y 'O m J Y m yc O L E AN � N C y O m m ` C W N c c 0 w N A N C d d w n E m f0 N x o d L U li N o d � y U J c a t0 Y o y o � d � d O N � A $ E d y � Y a f0 2 E ti O' N y N O N � 0 0 N O y O N d ,2 ` C N N a � m d V L Y C U w J T n N y N E o J T ¢ a� m. Ems' o E c n O N N c c7 c_ m _ N $ E m LL N L l3A m a a a kv m a a a O _ v C O E _ E O V v cr CD O r ■= E co W CL - X xxx x x x X X X X k X 76 U G C Q LL a C N d b_D l0 a d E N � � 00 c Q C U C d L _ d d C bCD d N o U d C N C O by j d E W E d n d U d O E U o a ucn c .c Yo ecu .. � m d aci U N d '3 z a, c E � edn aNi C d d d y t19 H C N V a E N O C a �y h U V d A N� 2 bG N d bD :.V " O N M to O O to 13A _ H ElmoO O O _ V C O _ E _ E O V V NOMME O E r I ■x CD - xxx - x '.t T C � d E d en 5 v � � c o a m � L a 3 0 0 d m N N '- C N = Y `y N o, E Q t0 Q d a' Y E m aNi siJ m c 1 tl O N C m c U V W hD j 47cd O ¢ fn W Q 13A 0 Z- w I E 13A -I Collier County, Florida Comprehensive Annual Financial Report Year Ended September 30, 2007 ' I 23A On the cover: Photos reflect various county efforts to balance environmental and growth demands. (Clockwise) An observation deck at Sugden Regional Park, the new Golden Gate overpass, "Gumby ", a Gumbo Limbo tree, being moved to its new home at the Naples Botanical Garden and construction of the ('other County Emergency Operations Center (EOC). 13A COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED SEPTEMBER 30, 2007 COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS JAMES N. COLETTA, Jr., CHAIRMAN THOMAS K. HENNING, VICE - CHAIRMAN DONNA L. FIALA FRED W.COYLE FRANK HALAS COUNTY MANAGER JAMES V. MUDD COUNTYATTORNEY DAVID C. WEIGEL CLERK OF THE CIRCUIT COURT AND CHIEF FINANCIAL OFFICER DWIGHT E. BROCK DIRECTOR OF FINANCE AND ACCOUNTING CRYSTAL K. KINZEL Prepared by the Finance and Accounting Department 13A THIS PAGE INTENTIONALLY LEFT BLANK V^^,, W m u U y� O y 9 y L08 x w Yom] e O m w 16 w o� VON Npn Un En N E ^rv� M o "LL m g�`8 k Nq�LL N�S n��$5 15 i O_ £fLL O Avmo all �Yn 9 E � N d<_ E n aan xn a �~ x'vY ONn IR 3 q €mh g g UP g Imo 9�v4 EL ^� Ed4 OOa� °s gLL 'a zmo �mY od smo SfLL 13q il M o "LL m g�`8 k Nq�LL N�S n��$5 15 i O_ £fLL O N 9 E � 9�� m�v^ S�gLL �o 3 q i �E �n au a 0 ' �o I J �`a zmo �mY od smo SfLL 13q il fi �y 3 (°n43 g M o "LL m g�`8 k Nq�LL N�S n��$5 arc`n tt fi �y 3 (°n43 g €8o E�eF mE m yyb �SSi6� ry ryF ryv 2G €N[mN�F�y� Nq�LL N�S n��$5 arc`n 9N1 °i an>" £fLL pW gw g,co N €8o E�eF mE m yyb �SSi6� ry ryF ryv 2G €N[mN�F�y� Nq�LL N�S n��$5 arc`n 9N1 °i an>" ^E €8o E�eF mE E � COLLIER COUNTY, FLORIDA 13A e.9 COMPREHENSIVE ANNUAL FINANCIAL REPORT YEAR ENDED SEPTEMBER 30, 2007 TABLE OF CONTENTS INTRODUCTORY SECTION Page Transmittal Letter .... .... ......._.,..................... .._., ..... .... .. .................. .. .. .. .......... ............. .. .......... i ............... . Certificateof Achievement................... ...... ..... - ... ..... ................ ....... — ..._.............._._. _ . ............... ......... ....... xxv FINANCIAL. SECTION Report of Independent Certified Public Accountants .................. .........................._._._._._..... .............................-- ......................................... 1 Management's Discussion and Analysis (Unaudited) .......... ..... ....... . ........ ......... -... ..... .... .._... ............... BASIC FINANCIALSTATENIFXIS Statementof Net Assets ....... .... .... - ................ ...................... ..— ......... ........ ............... ..... ............................. ......................... _.............. 14 Statementof Activities.... ...... ........................... ... ....... - ... ...... ..,. ...,..,......_.........._...... ........ - ......... ......._....._.. ......... ........ Balance Sheet— Governmental Funds ._ ........ ......_........,..... .........._. ..,........................ _..... ........ ............. ..... _..... 18 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets ....................... _.... ,...... ....... ___......... 19 Statement of Revenues, Expenditures and Changes in Fund Balances — Governmental Funds ... ........... ........ _..._ ..__........................... 20 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Fundsto the Statement of Activities .............. ........ ................. ............ .--- .. .. ....... ......... .......... ........................................... 21 General Fund - Statement of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual (Non- GAAP) ........... . 22 Community Redevelopment- Statement of Revenues, Expenditures and Changes in Fund Balances— Budgetand Acted ( Non- GA= 1P) . .........................._.._. ...... ..,..,.....................,.., ., ... .... ............... ................ ..... ..... .................... _. 24 Statement of Net Assets — Proprietary Fonds ... .._.. ...... .. ........... .... ..., ..... ... — ......... ....... ,................ . ......... . .................. 25 Statement of Revenues, Expenses and Changes in Fund Net Assets — Proprietary Funds ..... ................................................ ...._..._......_. 27 Statement of Cash Flows — Proprietary Funds .. ..... ...... ..... .................. .... —. . ....... ._ ..... 11.11.1.1 ....... 28 Statement of Fiduciary Assets and Liabilities — Agencv Funds 111....1....... .. ..1..1......1.1 ................ ......... 1111...... .. ......_................ 30 Notes to the Financial Statements.-- 1,111_ ..... .... .... ... ..... .... .......... . ........ ....... ... .... .................. ....... . ..... _. ....... ............... 31 COMBINING AND INDIVIDUAL FUND FINANCIAL STATF:NfENTS. Nonmajor Governmental Funds CombiningBalance Sheet ........... .... _.... ... ... .............. _. . ...._............ .. ..........._._ . .....,......................... ..........__ 70 Combining Statement of Revenues, Expenditures and Changes in Fund Balances .... ............... ,._ ....... ............ ....... ...................... ........... 78 Combining Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual (Non-GAAP) ..................... 86 Nonmajor Enterprise Funds Combining Statement of Net Assets .....1.1...1..1 ..... .... .... .. ....._..... .... ..... .............. .. ........................._..... ......_......_ ........... 110 Combinung Statement of Revenues, Expenses and Changes in Fund Net Assets _ ............. .........__...__._............. _ . . . . . . . . . _._._....,..._...... i l l Combining Statement of Cash Flows ..... ......_.. .,........ .._. ..... ...... ..... ... ........ ... 1_111... .............. .. .. .........._ 11_11,.... 112 Internal Service Funds Combining Statement of Net Assets.. ..... ....... ....... ............ 1....... _.1..11 .._.......................,.... .. ..........., ... ......_.. .......... 116 Combining Statement of Revenues, Expenses and Changes in Ford Net Assets ...... ........... ...._...._.... ........_._..__ ...... .. 117 Combining Statement of Cash Flows......... ... ... ..... ... ... .. ._ ........... .............. ............................. ........._............_........ 118 Fiduceir) Funds Combining Statement of Fiduciary Assets and Liabilities_ _......._. . ....... ,- _1 ..... __1 1 .__. .....__... .._......._.... .._........... 1_1_11..- 122 Combining Statement of Changes in Assets and Liabilities ....... .._._ ...... ............. 11_.1...1.._._ -- ............... .... ........... 123 Component Units Combmmg Statement of Net Assets ............... .......... ,. ......... .... ..... .. .,..11..1...1... ................ ... _._..... ... .......... .................,....... 126 Combining Statement of Revenues, Expenditures and Changes in Net Assets _ ......... ...._........ ............. ...._........_ ...........127 COLLIER COUNTY, FLORIDA 13A :..� COMPREHENSIVE ANNUAL FINANCIAL REPORT YEAR ENDED SEPTEMBER 30, 2007 TABLE OF CONTENTS - CONTINUED STATISTICAL SECTION (UNAUDITED NetAssets by Component ............... - ... ... .... ........ .............................. ............ ................................................. ....................... ...... .... ...................... 130 Changein Net Assets ... ............. ............ ... ........ ................. ._ .......... ............ ._ ............................................................................ .................. ...... 131 Governmental Activities Tax Revenues by Source ................. ........ ...................................... .................. ............................... .................. .......... 133 Fund Balances of Governmental Funds ......................................... ................................................. ....._......................... ................................. .. 134 Changes in Fund Balances of Governmental Funds ...... .......... ........................... .................... ..._.............. ..... ... ..... ...... ............................. ..... 135 Assessed Value and Estimated Actual Value of Taxable Property.,.......... Property Tax Rates — All Direct and Overlapping Governments ....... ..... Principal Tax Payers County- Wide ........... ....... ....._................... .... ........ ........... nr,,.,P , T t ,.., —.4 .................................................................... ............................... 136 . ........ - ......................................................... ............................... 137 Ratios of Outstanding Debt by Type .. _. _ .......................................... . ........... Ratios of General Bonded Debt Outstanding ...................... . ................... ............ Legal Debt Margin Information ......... ..... ......... ..... ..._ ...................... ........................ Direct and Overlapping Governmental Activities Debt ....................... _............ Pledged- Revenue Coverage ........... ...... _. ............................ ...................................... Demographic and Economic Statistics ................ ...... ._._ ........... .................... ...... PrincipalEmployers._ ...... ......................... ............................. .._....__...._...._............ Full-Time Equivalent County Employees by Function ....... .............................. Operating Indicators by Function .................. ........... Capital Asset Statistics by Function ... . ....... ... ......... _ ..................................................... ...... _.................. .................. .......... ....I................... 138 ... ............................... 139 ... ............................... 140 ... ...... I ........................ 147 ... ............................... 148 SINGLE AUDIT /SCHEDULE OF EXPENDPI'URES OF FEDERAL AWARDS AND STATE PROJECTS Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards ....... ....................151 Report of Independent Certified Public Accountants on Compliance With Requirements Applicable to Each Major Federal Program and State Project and on Internal Control Over Compliance in Accordance With OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550, Rules of the Auditor General ................ _.. _.. ............................... 153 Schedule of Expenditures of Federal Awards and State Projects .... .._...... .... ... ... ............................ .................. ........................................ Notes to the Schedule of Expenditures of Federal Awards and State Projects .................. ............. ............. .............. ........................ ........ 164 Schedule of Findvtgs and Questioned Costs ........ .................... ._ ..... ....... ................................. ..... ...... ..... _............... ....................... ._ .............. 166 Scheduleof Prior Audit Findings ......... ................................. .............__....._........._................................... ............................... ............................197 13A ," THIS PAGE INTENTIONALLY LEFT BLANK 13A .I Sincere appreciation is also expressed to Ernst and Young LLP, the Board of County Commissioners, the Constitutional Officers, the County Manager, Division Administrators and the Department Directors for their assistance throughout the year in matters pertaining to the financial affairs of the County. We hope you find this report informative, accurate and easily readable. If you should have any questions related to this report or if additional information is desired, do not hesitate to contact Crystal K. Kinzel, Director of Finance and Accounting, at (239) 530- 6299. ectfully, Dwig E. Brock Clerk of the Circuit Court Chief Financial Officer Crysta eKinzel Deputy Clerk -- Director Fin ce and Accounting i DcrejvM. Johnssen, CPA Deputy Clerk General Accounting Manager Vi 13A award, recognizing conformance with the highest standards for preparation of state and local government financial reports. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized Comprehensive Annual Financial Report whose contents conform to program standards. The CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. Collier County has received this award for the past twenty -one years, from fiscal year 1986 to 2006. We believe our current report conforms to the Certificate of Achievement program requirements, and we are submitting it to the GFOA for consideration for an award again this year. Distinguished Budget Presentation Awards: The Government Finance Officers Association of the United States and Canada presented an award for Distinguished Presentation to Collier County for its annual budget for the fiscal year beginning October 1, 2006. In order to receive this award, a government unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communications device. The Distinguished Budget Presentation Award is valid for a period of one year only. Collier County has received this award for the last eighteen consecutive years. The Government Finance Officers Association of the United States and Canada presented an award for Distinguished Presentation to the Office of the Collier County Clerk of the Circuit Court for its annual budget for the fiscal year beginning October 1, 2006. In order to receive this award, a government unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communications device. The Distinguished Budget Presentation Award is valid for a period of one year only. The Clerk's Office has received this award for the last six consecutive years. ACKNOWLEDGEMENTS The preparation and publication of this Comprehensive Annual Financial Report represents a significant effort by the Finance and Accounting Department as well as numerous County personnel who contribute to its production. In particular we would like to express our appreciation to Kelly Jones, CGFO, Maryalice Bailey, Edith Manuel, CPA, June Wathen, Liz Willis, Desiree Gardine, Suzanne Boothby, Dan Tripaldi, Ashley Pearson, and Karen Oberrath, all Accountants, along with Constance Murray, CGFO, General Operations Manager, Raymond Milum, Jr., Clerk's Fiscal Operations Manager, Nancy Fragione, Financial Specialist and Claudia Colarusso, Office Assistant, and all of the staff of the Finance and Accounting Department. v 13A number one priority with over $231.2 million budgeted for future construction, design, right -of -way acquisition, and debt service. The State's tax reform legislation will continue to place restraints on future tax levies. FY -09 levies are limited to the rolled back rate, as discussed above, adjusted by per capita income in the State of Florida. Tax revenue from new construction is intended to fund services for new residents, while the per capita income adjustment is intended to provide one method of addressing the inflationary costs of existing services. This tax levy requires a majority vote of the Board of County Commissioners. In summary, we expect that Collier County will continue to experience economic expansion but at a slower rate than in prior years. Residential and commercial development and an established tourism economy will continue to contribute to a strong tax base in our growth that has averaged 5% annually for the last five years. While recent growth has moderated, this was not unexpected give the exceptional growth rates of recent years. New home construction is hampered by the numbers of existing homes available and a growing number of foreclosures. The overall housing market remains relatively soft, however there continues to be activity in the high end real estate market. Historically, Collier County's economy has proven to be better insulated from economic downturns than other Florida counties, or the nation. Future years will be challenging, given the current issues in the housing market and the state budget, inflationary concerns, and revenue limitations imposed by tax reform. However, Collier County continues to attract affluent retirees, and the growing services economy and an emerging high technology sector should continue to attract population growth and development throughout the County. CASH MANAGEMENT The Finance and Accounting Division monitors the daily cash needs of the County and invests the County's portfolio in accordance with the County's written investment policy. Authorized investments include certificates of deposit, the Local Government Funds Surplus Trust Fund, U.S. treasury securities, U.S. agency securities, commercial paper and bankers' acceptances. The weighted average maturity of the total managed portfolio was four years as of September 30, 2007. The average yield for fiscal year 2007 was 5.21 %. Changes in the fair value of investments are recorded separately from interest income in the financial statements. AWARDS GFOA Certificate of Achievement: The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to Collier County, Florida for its Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2006. The Certificate of Achievement is a prestigious national ry 13A �► concentrated in tourism and agriculture, fishing, ranching and forestry with a growing services economy and an emerging high technology sector. Gulf of Mexico beaches and the Everglades National Park are important attractions to this area. The park comprises a substantial portion of the County. Taxable property market valuation for fiscal year 2007 totaled just over $77 billion, or a very high $230,763 per capita. Unemployment levels in recent years approximate, or are slightly below those of the state. The 2007 County unemployment rate stood at 3.5 %. Income levels are high, with a per capita personal income of $49,492, which is the highest in Southwest Florida. The County's financial operations are managed with recurring General Fund operating surpluses contributing to historically strong cash and General Fund balance positions. This trend is expected to be negatively impacted by legislation involving property taxes and a general slowing of the economy. The County's millage for General Fund operations in fiscal year 2007 was at only 36% of the statutory 10 mil limit. Relevant financial policies include the appropriation of carryforward as revenue in the following year, recommended General Fund unreserved fund balance of between 10% and 15% of actual expenditures, the maximization of impact fees as allowed by law and the use of gas taxes for the Road Construction Capital Improvement Program. The Collier County debt policy provides for a maximum ratio of total general governmental debt service to bondable revenues from current sources of 13 %. The major focus of the Capital Improvement Plan for FY -08 will continue to be road construction, utility water, wastewater, solid waste improvements and government facilities, including libraries. Funding for road construction will be provided by remaining unspent Road Construction Fund monies, impact fees and a State Infrastructure Bank loan. Water and wastewater projects will be funded by unspent bond proceeds and State Revolving Fund Loan reimbursements. The remaining projects are a mix of advance funding and short tern borrowings. LONG TERM FINANCIAL PLANNING Long term financial planning in Collier County focuses on the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act. The provisions of this Act require that local government comprehensive plans include a Capital Improvement Element (CIE). The CIE is a planning document that identifies public facilities that will be required during the next five or more years. The Capital Improvement Element is the foundation of Collier County's annual Capital Improvement Program (CIP). Included in the County's current CIP for fiscal years 2009 -2012 are approximately $223 million for transportation projects in the eastern and southern portions of the County, approximately $181 million for water treatment and reclamation facilities in the north and eastern portions of the County, $47 million for Lely Area Stormwater improvements and $42 million for the purchase of environmentally sensitive lands through he Conservation Collier program. Road construction remains the Board's EM 13A Governmental accounting and auditing principles require that management provide a narrative introduction, overview and analysis to accompany the basic financial statements in the form of Management's Discussion and Analysis (MD &A). This letter of transmittal is designed to compliment MD &A and the two should be read in concert. Collier County's MD &A can be found in the Financial Section immediately following the independent auditors' report. PROFILE OF THE GOVERNMENT Collier County is a Non - Charter County established in 1923 under the Constitution and the laws of the State of Florida. The Board of County Commissioners is the legislative body for Collier County and is made up of five residents elected by voters. In addition to the County Commissioners, voters elect the following five constitutional officers: the Clerk of the Circuit Court, Property Appraiser, Sheriff, Supervisor of Elections and Tax Collector. Services provided by Collier County include public safety, emergency management, transportation services, water and wastewater services, parks, libraries and solid waste collection and disposal. Budgets are prepared annually. Formal budgetary integration is employed as a management control device during the year. Budget workshops are conducted during June with the Board of County Commissioners to form a proposed budget. The Board's proposed budget is released by July 15, in accordance with Florida Statutes. The budgets of Constitutional Officers are presented to the appropriate authorizing bodies according to state statute. Public hearings are then held in September to allow taxpayer input and to adopt the budget as final. The State's 2007 legislative session included significant efforts to bring about tax reform at the local government level. On June 15, 2007, the Florida Legislature, in special session, adopted a tax reform package that included statutory revisions capping local government tax levies. On January 29, 2008 Florida voters approved statutory revisions requiring local governments to reduce their respective tax levies below the rolled back millage rate (the rate which generates the same tax revenue as levied in the previous year, exclusive of new construction). State budget issues remain a concern for Florida counties. The State of Florida has reduced its budget by $1.1 billion, and discussions are underway regarding additional reductions. ECONOMIC CONDITIONAND OUTLOOK Collier County, the state's largest county at 2,026 square miles, is on the southwest coast of Florida, directly west of Miami. With a 2007 population of 333,858 (a 65 percent increase over the 1997 level), the County has been considered to be one of the fastest growing counties in the state over the last ten years. The County's economic base is 11 CLERK OF THE CIRCUIT Dwi ht E. Brock COLLIER COUNTY GOURTiL g 3301 TAMIAMI TI�AII. EAT Clerk of Courts P.O. BOX 41'x'044 NAPLES, FLORIDA'4�101 -30 4 May 5, 2008 To the Citizens and Members of the Board of County Commissioners, Collier County, Florida COURT 13A `:' Clerk of Courts Accountant Auditor Custodian of County Funds It is with extreme pleasure that we present to you, the citizens of Collier County and Members of the Board of County Commissioners, the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2007. Responsibility for the accuracy of the data and the completeness and fairness of the presentation, including all disclosures, rests with the Board of County Commissioners and County management. The Clerk of the Circuit Court's Finance and Accounting Department, as well as County management, is responsible for establishing and maintaining internal controls to provide reasonable, but not absolute, assurance regarding the safeguarding of assets against loss from unauthorized use or disposition, the reliability of financial records for preparing financial statements, and maintaining accountability of assets. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits likely to be derived, and the evaluation of costs and benefits requires estimates and judgments by management. The Clerk is not capable of representing that the internal controls of the County provide reasonable assurance as his office has been precluded from examining those controls, in conformance with the court's order, included as pages vii to xxii of this transmittal letter. Chapter 11.45 of the Florida Statutes requires an independent certified public accountant's financial audit of counties in the State. For the fiscal year ended September 30, 2007, the report of the independent auditor, Ernst and Young LLP, is included in the financial section of this report. In addition to meeting the requirements set forth in State statutes, the audit was also designed to meet the requirements of the Federal 1996 Single Audit Act Amendments and the related OMB Circular A -133. The Florida Single Audit is required by Florida Statute 215.97. Information relating to the Single Audits, including the schedule of expenditures of federal awards and state projects and the independent auditors' report on compliance and internal control over compliance with requirements applicable to each major federal and state program, are included in the Federal and State Single Audit Section of this report. Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website- www.clerk.collier.flus Email- collierclerk (c�elerk.collier.fl.us 13A IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL C�RCUIT IN AND FOR COLLIER COUNTY FLORIDA CIVIL ACTION DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA, Plaintiff, V. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE OCHOPEE AREA FIRE CONTROL AND EMERGENCY MEDICAL CARE SPECIAL TAXING DISTRICT a/k/a THE CHOPEE FIRE DISTRICT, a Municipal Services Taxing Unit pursuant to Section 125.01(Ixc), F.S.; LINDA T. SWISHER and PAUL WILSON, Defendants. BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, on behalf of COLLIER COUNTY, a Political Sub- division of the State of Florida, Petitioner, V. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA, Respondent. vii 0 - Case No. 04 -941 -CA Consolidated with Case No: 05- 953 -CA rn CJ c c- �s c� r n 0 rT� � :rTj o� N 'N v PAUL WILSON, Petitioner, u DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, Respondent. FINAL JUDGMENT 13A Consolidated with Case No.: 05- 1506 -CA THIS consolidated action was heard on motions filed and heard before the Court. For the reasons set forth in the attached Orders, which Orders are incorporated by reference herein, the Court hereby: ORDERS AND ADJUDGES: Judgment is hereby rendered in favor ofPetitioners, BOARD OF COMMISSIONERS OFCOLLIER COUNTY, FLORIDA, ON BEHALF OF COLLIER COUNTY COLLIER COUNTY and PAUL WILSON, and against Defendant, DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, on the Complaints for Writs of Quo Warranto in Case Nos. 05- 953-CA and 05- 1506 -CA.' 2. Judgment is hereby rendered in favor of Defendants, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ETC., LINDA T. SWISHER and PAUL WILSON, ET AL., on the Complaint for Declaratory Relief in Case No. 04- 941 -CA. Defendants in Case No. 04- 941 -CA shall go hence without day. ' The determination in favor of Petitioner Collier County on its Complaint for Writ of Quo Warranto controls the outcome of the Complaint for Writ of Quo Warranto filed by Petitioner Paul Wilson, as a matter of law. Via 13A The Court reserves jurisdiction to determine entitlement to and the amount of costs and attorneys' fees upon proper motion. DONE AND ORDERED in Ft. Myers, Florida on this e day of $edekkrr 2007. Copies furnished to: Jacqueline Williams Hubbard, Esq. Office of the County Attorney 3301 East Tamiami Trail, 9th Floor Naples, FL 34112 Counsel for Board ofCommissioners of Collier County in Case Nos. 05- 953 -CA, CA -05- 1506 and 04- 941 -CA Theodore L Tripp, Jr., Esq. Garvin & Tripp, P.A. Post Office Drawer 2040 Fort Myers, Florida 33902 Co-Counsel for Board of Commissioners of Collier County in Case Nos. 05- 953 -CA, CA -05- 1506 and 04- 941 -CA and for Paul Wilson in Case No. 05- 1506 -CA AD3932. WPD Lx C- �� HONORABLE MICHAEL T. MCHUGH Anthony P. Pires, Jr., Esq. Steven V. Blount, Esq. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail N., Suite 200 Naples, FL 34103 Counsel for Dwight E. Brock Clerk of the Circuit Court of Collier County in Case No. 04- 941 -CA David P. Ackerman, Esq. Glory P. Ross, Esq. Ackerman, Link & Sartory, P.A. 222 Lakeview Avenue, Suite 1250 West Palm Beach, FL 33401 Counsel for Dwight E. Brock Clerk of the Circuit Court of Collier County in Case Nos. 05- 953 -CA and CA -05 -1506 13A IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA, Plaintiff, VS. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE OCHOPEE AREA FIRE CONTROL AND EMERGENCY MEDICAL CARE SPECIAL TAXING DISTRICT AIKA THE OCHOPEE FIRE DISTRICT, A Municipal Services Taxing Unit pursuant to Section 125.01(q), F.S.; LINDA T. SWISHER and PAUL WILSON, Defendants. Case No. 04- 941 -CA Consolidated with Case Nos. 05- 953 -CA 05- 1506 -CA D EC7 CE0d ?. 2 7 2001 THIS MATTER comes before the Court on the "Clerk's Motion for Partial Summary Judgment Regarding Undisputed Roles of the Clerk" filed June 11, 2007 and "Collier County's Cross - Motion for Summary Judgment on the Undisputed Roles of the Clerk of Courts" filed August 2, 2007. Both motions were filed pursuant to Florida Rule of Civil Procedure 1.510. After hearing each motion and argument of counsel, carefully reviewing the motions and the attachments, and examining the applicable law, the Court finds as follows: 1. In its complaint, the Clerk, in part, seeks a declaratory judgment as to the general rights and duties of the Clerk of the Courts. 13A 2. There are no disputed material facts as it relates to a determination of the general rights and duties of the Clerk of the Courts. Such a determination is an issue of law. 3. Both the Clerk and the County are seeking summary judgment as it relates to the general rights and duties of the Clerk of the Courts. Specifically, the parties are seeking a determination as to whether: (a) the Clerk is the auditor, recorder, and custodian of all County funds; (b) the Clerk is the accountant for the Board of County Commissioners; (c) the Clerk has a duty to determine the legality of all County expenditures before issuing a warrant for payment; and (d) the Clerk has a duty to prepare and certify the accuracy of the County's financial statements, including the annual management representation letter submitted by the County to its outside auditors. 4. Both the Clerk and the County agree and, as a matter of law, the Court finds that: (a) The Clerk is the auditor, recorder and custodian of all County funds. Article VIII (1)(d); Alachua County v. Powers. 351 So. 2d 32, 43 (Fla. 1977). (b) The Clerk is the accountant for the Board of County Commissioners. Fla. Stat. § 125.17. (c) The Clerk has the duty to determine the legality of all County expenditures before issuing a warrant for payment. Fla. Stat. § 129.09; Alachua County v. Powers, 351 So. 2d 32, 36 (Fla. 1977). 5. However, the parties dispute the fourth issue of whether "the Clerk has a duty to prepare and certify the accuracy of the County's financial statements, including the annual management representation letter submitted by the County to its outside auditors[.)" 6. It is an undisputed fact that the Clerk has historically prepared the County's financial statements and annually signed a management representation letter that the County would submit to its outside auditors. It is further undisputed that the Board of County Commissioners enacted Resolution 06 -109 for the 2005 audit, directing that "as ex•offico clerk 0 13A and accountant to the Collier County Board of County Commissioners... [the Clerk] provide a management representation letter in connection %N ith the annual audit of the County's records performed by KPMG, LLP[.]" However, it is a disputed issue of la" as to whether the Clerk has a legal obligation to perform these duties. 7. This Court does not have the authority to either agree or disagree with legislation, but rather is obligated to apply the laws of the State of Florida as enacted. Unless there is some ambiguity or inconsistency, this Court will not offer its own independent interpretation of the laws. Regardless of whether this Court may agree or disagree with the laws, this Court is unable to find any ambiguity or inconsistency. S. The Court finds that the Board of County Commissioners' powers, as granted by stature, are inclusive and encompass all tasks necessary to effectively perform its duties. No such general grant of power has been given to the Clerk. All of the Clerk's power must arise from either the Florida Constitution or general law. The Court finds no grant of authority to the Clerk that gives him the duty of preparing and certifying the accuracy of the County's financial statements, including the annual management representation letter. 9. The Court acknowledges that multiple parties may have the authority to perform duties; however, absent a grant of power from the Florida Constitution or general law, the Clerk does not have the duty to prepare and certify the County's financial statements, unless these tasks are delegated to him by the Board of County Commissioners. As stated above, the Court finds no grant of authority to the Clerk from the Florida Constitution or general law. 10. Accordingly, the Court finds that the Clerk's authority to prepare financial statements on behalf of the County is not derived from a specific grant of constitutional or statutory power, but rather is derived from a delegation of authority by the Board of County Xii 13 A ; r,,a Commissioners. The scope of this delegation is within the discretion of the Board of Count Commissioners, and may be granted, removed or modified. 11. In arriving at this finding, the Court has carefully considered Articles 11 & VIII of the Florida Constitution, and all applicable statutes, including, but not necessarily limited to, Fla. Stat. §§ 11.45, 116.07, 125.01, 125.17, 125.71, 125.74, 136.05, 136.08, 218.32, 218.33, 218.39. In addition, the Court has considered applicable case law presented by the parties, including, but not necessarily limited to, Alachua v. Powers, 351 So. 2d 32 (Fla. 1977) and W and F Limited v. Dunkle, 444 So. 2d 554 (Fla. 4th DCA 1984). Accordingly, it is, ORDERED AND ADJUDGED that: 1. The Clerk's motion is granted in part and denied in part, as set forth herein. 2. The County's cross motion is granted. DONE AND ORDERED in Chambers at Fort Myers, Lee County, Florida, this 21Y" day of Kv%yu'/ 2007. Michael T. McHugh Circuit Judge CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above order has been furnished to David P. Ackerman, Ackerman, Link, & Sartory, P.A., Attorneys for the Plaintiff, 222 Lakeview Avenue, Suite 1250, West Palm Beach, Florida 33401; Anthony P. Pires, Jr, and Steven V. Blount, Woodward, Pires & Lombardo, P.A., Attorney for the Plaintiff; 3200 Tamiami Trail N., Suite 200, Naples, Florida 34103; Jacqueline Williams Hubbard, Office of the County Attorney, Attorney for the Defendant, 3301 East Tamiami Trail, Harmon Turner Bldg. 8th Floor, Kill Naples. Florida 34112; Theodore L. Tripp, Jr., Garvin &. Tripp, P.A., Attorney for the Defendant, Post Office Drawer 2040, Fort Myers. Florida 33902; and Court Administration (XI), 1700 Monroe Street, Ft. Myers, Florida 33901, this _�. day of 2007. L- J, cial Assistant Case Numbers: 04- 941 -CA, Consolidated with 05- 953 -CA, and 05- 1506 -CA Order Granting, in Part, and Denying, in Pan, the "Clerk's Motion for Partial Summary Judgment Regarding Undisputed Roles of the Clerk" and Granting "Collier County's Cross- Motion for Summary Judgment on the Undisputed Roles of the Clerk of Courts" X1v 13A IN THE CIRCUIT COURT OF THE TNA ENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY FLORIDA CIVIL ACTION DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA, Plaintiff, vs. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE OCHOPEE AREA FIRE CONTROL AND EMERGENCY MEDICAL CARE SPECIAL TAXING DISTRICT AIKA THE OCHOPEE FIRE DISTRICT, A Municipal Services Taxing Unit pursuant to Section 125.01(q), F.S.; LINDA T. SWISHER and PAUL WILSON, Defendants. Case No. 04- 941 -CA Consolidated with Case Nos. 05- 953 -CA 05- 1506 -CA THIS MATTER comes before the Court on "Collier County's Motion for Summary Judgment as to Case Number 05- 953 -CA and the Issuance of a Writ in Quo Warranto" filed June 11, 2007. The motion was filed pursuant to Florida Rule of Civil Procedure 1.510. After hearing the motion and counsels' arguments, carefully reviewing the motion and the attachments, and examining the applicable law, the Court finds as follows: 1. The Board of County Commissioners filed a complaint for Writ of Quo Warranto, seeking a writ prohibiting the Clerk from exercising powers to which he is not entitled as a matter of law. xV I3A 1 The County filed a motion for summaryjudgment requesting a determination that: (a) The Clerk's authority as custodian of County funds arises only upon delivery of funds to the Clerk by the Board or through the direct collection of fees; (b) The Clerk's authority as the custodian of the County's funds is limited to the determination of the lawful basis of an expenditure and does not extend to the discretionary decisions by the Board to spend County funds; and (c) The authority and responsibility to prepare the County's financial statements is derived from and dependent upon an express delegation of that authority by the Board. 3. It is undisputed, by the parties that, the Clerk is the auditor, recorder and custodian of all County funds, that the Clerk is the accountant for the Board of County Commissioners, and that the Clerk has the duty to determine the legality of all County expenditures before issuing a warrant for payment. 4. There are no disputed material facts as it relates to a determination of the powers of the Clerk. Such a determination is an issue of law. 5. This Court does not have the authority to either agree or disagree with legislation, but rather is obligated to apply the laws of the State of Florida as enacted. Unless there is some ambiguity or inconsistency, this Court will not offer its own independent interpretation of the laws. Regardless of whether this Court may agree or disagree with the laws, this Court is unable to find any ambiguity or inconsistency. 6. The Court finds that the Board of County Commissioners' powers, as granted by statute, are inclusive and encompass all tasks necessary to effectively perform its duties. No such general grant of power has been given to the Clerk. All of the Clerk's power must arise from either the Florida Constitution or general law. The Court acknowledges that multiple parties may have the authority to perform duties; however, absent a grant of power from the X�l 13A Florida Constitution or general law, the Clerk does not have the authority to perform certain duties unless these tasks are delegated by the Board of County Commissioners. 7, Accordingly, as it relates to issue (a), the Court finds as a matter of law, that to the extent that the Clerk is the custodian of all County funds, he necessarily can only be the custodian of those funds to which he has been given custody, which would presumably encompass all County funds. Even if the Clerk becomes aware or suspects that there are County funds of which he has not be given custody, this Court is unaware of any constitutional or statutory authority that would allow the Clerk to initiate an independent investigation or attempt to recover those funds, absent instruction from the Board of County Commissioners. 8. This does not preclude the Clerk from seeking authority to pursue these funds or making these funds known to any appropriate authority, but as stated above absent any constitutional or statutory grant of power the Court cannot acquiesce to the Clerk making unilateral investigations into these funds. 9. As it relates to issue (b), the Court finds as a matter of law, that prior to signing any warrant for the payment of any claim, bill or indebtedness from County funds, the Clerk is required to insure that the payment is lawful. Consequently, any auditing necessary to insure the legality of the expenditure prior to the payment is proper. However, the Court is unable to find that the Clerk has been granted any specific constitutional or statutory authority to perform further audits beyond the time that the warrant is signed, unless so directed by the Board of County Commissioners. 10. As it relates to issue (c), the Court finds as a matter of law, that the Clerk's authority to pfep.._„ fkta.eial staiements on beha aof the County is net de -ived frem aspecific grant of constitutional or statutory power, but rather is derived from a delegation of authority by the xvii 13A Board of County Commissioners. The scope of this delegation is within the discretion of the Board of County Commissioners, and may be granted, removed or modified. 11. In arriving at these findings, the Court has carefully considered Articles II & VIII of the Florida Constitution, and all applicable statutes, including, but not necessarily limited to, Fla. Stat. §§ 11.45, 116.07, 125.01, 125.17, 125.71, 125.74, 136.05, 136.08, 21832, 218.33, 218.39. In addition, the Court has considered applicable case law presented by the parties, including, but not necessarily limited to, Alachua v. Powers, 351 So. 2d 32 (Fla. 1977) and W and F Limited v. Dunk] e, 444 So. 2d 554 (Fla. 4th DCA 1984). Accordingly, it is, ORDERED AND ADJUDGED that County's motion for summary judgment is granted, as set forth herein. DONE AND ORDERED in Chambers at Fort Myers, Lee County, Florida, this Zy1� day of �--i �v } 2007. f -o Michael T. McHugh Circuit Judge CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above order has been famished to David P. Ackerman, Ackerman, Link, & Sartory, P.A., Attorneys for the Plaintiff, 222 Lakeview Avenue, Suite 1250, West Palm Beach, Florida 33401; Anthony P. Pires, Jr. and Steven V. Blount, Woodward, Pires & Lombardo, P.A., Attorney for the Plaintiff; 3200 Tamiami Trail N., Suite 200, Naples, Florida 34103; Jacqueline Williams Hubbard, Office of the County Attorney, Attorney for the Defendant, 3301 East Tamiami Trail, Harmon Turner Bldg. 8th Floor, Naples, Florida 34112; Theodore L. Tripp, Jr., Garvin & Tripp, P.A., Attorney for the Defendant, Post Office Drawer 2040, Fort Myers, Florida 33902; and Court Administration (XI), 1700 Monroe Street, Ft. Myers, Florida 33901, this 11Q"�' day of 12007. LL_ l/Pir J dicial Assistant xviii 13A IN THE CIRCUIT COURT OF THE TWENTIETH .TUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY FLORIDA CIVIL ACTION DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA, Plaintiff, VS. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE OCHOPEE AREA FIRE CONTROL AND EMERGENCY MEDICAL CARE SPECIAL TAXING DISTRICT AIKA THE OCHOPEE FIRE DISTRICT, A Municipal Services Taxing Unit pursuant to Section 125.01(q), F.S.; LINDA T. SWISHER and PAUL WILSON, Defendants. Case No. 04- 941 -CA Consolidated with Case Nos. 05- 953 -CA 05- 1506 -CA D tECG IE�uvI AJJG 2 7 2001 COUNT" THIS MATTER comes before the Court on the "Clerk's Motion for Partial Summary" filed August 1, 2007 and "Collier County's Cross Motion for Summary Judgment as to the Clerk's Declaratory Judgment Count" filed August 2, 2007. Both motions were filed pursuant to Florida Rule of Civil Procedure 1.510. After hearing each motion and argument of counsel, carefully reviewing the motions and the attachments, and examining the applicable law, the Court finds as follows: 1. In its complaint, the Clerk, in part, seeks a declaratory judgment as to the rights and duties of the Clerk of the Courts. 2. There are no disputed material facts as it relates to a determination of the rights and duties of the Clerk of the Courts. Such a determination is an issue of law. Um 13A 3. Both the Clerk and the County are seeking summary judgment as to the declaratory judgment count of the Clerk's amended complaint. Specifically, the Clerk is seeking a determination that: (a) the rights of the Clerk to custody of all County funds in the account referring to the Ochopee FCD Volunteer Account Number 000093417519 at the Bank of America) from the account's inception up to and including the present; (b) declaring that the clerk has unconditional unrestricted right, duty and obligation to audit and examine at any time all bank accounts containing County funds, including but not limited to the account; and (c) that the Clerk has the right to custody of all County funds and all accounts whatsoever and wheresoever situated. 4. The County in its cross motion asserts that, "the Clerk is the custodian of all County funds, however, whether the funds at issue in the Ochopee account are "County" funds is yet to be determined. Further, although the Clerk may "inspect" and "examine" all public records of the Board, the Clerk has no independent authority to conduct "audits" if that term includes the unfettered ability to interview and interrogate county employees, consultants, subcontractors, or agents. He may only "inspect" and "examine" the public records of the Board to determine if an expenditure, authorized through the discretionary spending power of the Board, is a lawful expenditure; and even this examination must occur before the money is spent." 5. Both the Clerk and the County, agree and, as a matter of law, the Court finds that the Clerk is the custodian of all County funds. However, the other issues are in dispute. 6. This Court does not have the authority to either agree or disagree with legislation, but rather is obligated to apply the laws of the State of Florida as enacted. Unless there is some ambiguity or inconsistency, this Court will not offer its own independent interpretation of the laws. Regardless of whether this Court may agree or disagree with the laws, this Court is unable to find any ambiguity or inconsistency. 7. The Court finds that the Board of County Commissioners' powers, as granted by Xx 13 q rl statute, are inclusive and encompass all tasks necessary to effectively perform its duties. No such general grant of power has been given to the Clerk. All of the Clerk's power must arise from either the Florida Constitution or general law-. The Court acknowledges that multiple parties may have the authority to perform duties; however, absent a grant of power from the Florida Constitution or general law, the Clerk does not have the authority to perform certain duties unless these tasks are delegated by the Board of County Commissioners, 8. Florida Statute § 125.01 (s) gives the Board of County Commissioners the authority to, "make investigations of county affairs; inquire into accounts, records, and transactions or any county department, office or officer; and, for these purposes, require reports from any county officer or employee and the production of official records." Florida Statute § 125.74(1)(g) gives the County Administrator or manager the authority to supervise the care and custody of all county funds. Florida Statute § 125.01(b) gives the Board of Count), Commissioners the right to provide for the prosecution and defense of legal causes on the behalf of the County. This Court is unable to find any constitutional or statutory authority that would give the Clerk the power to investigate the nature of funds not currently in its custody or to supervise the care and custody of funds not currently in its custody or to file a lawsuit regarding those funds. 9. Accordingly, the Court finds that, as a matter of law, this Court can find no constitutional or statutory authority that would give the Clerk the unbridled right to audit any and all outside bank accounts "whatsoever and wheresoever situated" into which the Clerk believes county funds may have been improperly deposited. However, this finding does not preclude the Clerk from reporting any such suspicions of impropriety to the appropriate authority or person for further investigation. xM 13A 1 10, In arriving at this finding. the Court has carefully considered Articles II & VIII of the Florida Constitution. and all applicable statutes, including, but not necessarily limited to, Fla. Star. §§ 11.45, 116.07, 125.01, 125.17. 125.71, 125.74, 136.057 136.08, 218.32, 218.33, 218.39. In addition, the Court has considered applicable case law presented by the parties. including, but not necessarily limited to, Alachua v. Powers, 351 So. 2d 32 (Fla. 1977) and W and F Limited v. Dunkle, 444 So. 2d 554 (Fla. 4th DCA 1984). Accordingly, it is, ORDERED AND ADJUDGED that 1. The Clerk's motion is denied. 2. The County's cross motion is granted. DONE AND ORDERED in Chambers at Fort Myers, Lee County, Florida. this q T__ day of P - ` -i- , 2007. Michael T. McHugh Circuit Judge CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above order has been furnished to David P. Ackerman, Ackerman, Link, & Sartory, P.A., Attorneys for the Plaintiff, 222 Lakeview Avenue, Suite 1250, West Palm Beach, Florida 33401; Anthony P. Pires, Jr. and Steven V. Blount, Woodward, Pires & Lombardo, P.A., Attorney for the Plaintiff; 3200 Tamiami Trail N., Suite 200, Naples, Florida 34103; Jacqueline Williams Hubbard, Office of the County Attorney, Attorney for the Defendant, 3301 East Tamiami Trail, Harmon Turner Bldg. 8th Floor, Naples, Florida 34112; Theodore L. Tripp, Jr., Garvin & Tripp, P.A., Attorney for the Defendant, Post Office Drawer 2040, Fort Myers, Florida 33902; and Court Administration (X , 1700 Monroe Street, Ft. Myers, Florida 33901, this '2� {± day of 2007. Ina J icial Assistant Case Numbers: 04- 94I -CA, Consolidated with 05 -95 -CA, and 05- 1506 -CA Order Denying the Clerk's Motion for Partial Summary Judgment and Granting the Collier County's Motion for Summary Judgment as to the Clerk's Declaratory Judgment Count. xxa l3A i Certificate of Achievement for Excellence in Financial Reporting Presented to Collier County Clerk of the Circuit Court Florida For its Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2006 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. to WO i dlkop n° 6� WPOMIgX S President Executive Director 13 A A44 The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to Collier County, Florida for its comprehensive annual financial report for the fiscal year ended September 30, 2006. This was the twenty- first consecutive year that the government has achieved this prestigious award. In order to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized comprehensive annual financial report. This report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current comprehensive annual financial report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to the GFOA to determine its eligibility for another certificate. 13A FINANCIAL SECTION 13A 144 THIS PAGE INTENTIONALLY LEFT BLANK JE1t151- N16(V, a X 13A 1 &.'t Report of Independent Certified Public Accountants Members of the Board of County Commissioners Collier County, Florida We have audited the accompanying financial statements of the governmental activities, the business -type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of Collier County, Florida (the County) as of and for the year ended September 30, 2007, which collectively comprise the County's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the County's management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. We were not engaged to perform an audit of the County's internal control over financial reporting. Our audit included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the County's internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, and evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the County as of September 30, 2007, and the respective changes in financial position and, where applicable, cash flows thereof, and the respective budgetary comparison for the general fund and the community redevelopment fund for the year then ended in conformity with accounting principles generally accepted in the United States. As discussed in Note 17, the net assets of the governmental activities, business -type activities, the county water & sewer fund and the fund balance of the other governmental funds as of September 30, 2006 have been restated. 080e -0954714 J_ IF 13 VA 4 In accordance with Government Auditing Standards, we have also issued our report dated March 17, 2008 on our consideration of the County's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. The Management's Discussion and Analysis on pages 3 through 13 is not a required part of the basic financial statements but is supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the County's basic financial statements. The introductory section, combining and individual nonmajor fund financial statements, and statistical section are presented for purposes of additional analysis and are not a required part of the basic financial statements. The accompanying schedule of expenditures of federal awards and state projects is presented for purposes of additional analysis as required by the U.S. Office of Management and Budget Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations, and Chapter 10.550, Rules of the Auditor General, and is not a required part of the basic financial statements. The combining and individual nonmajor fund financial statements and the schedule of expenditures of federal awards and state projects have been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, are fairly stated in all material respects in relation to the basic financial statements taken as a whole. The introductory section and statistical section have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on them. 16 tF t P March 17. 2008 0806- 0954]14 13A Management's Discussion and Analysis (Unaudited) As Clerk of the Circuit Court and chief financial officer of Collier County, Florida, I present the readers of the County's financial statements this narrative overview and analysis of the financial activities of Collier County for the fiscal year ended September 30, 2007. Readers are encouraged to consider the information presented in this narrative in conjunction with additional information offered in the letter of transmittal, found on pages i -xxii of this report. Financial Highlights - Collier County's assets exceeded its liabilities as of September 30, 2007 by $2,179,003,983. Of this amount, $400,631,689 represents unrestricted net assets and may be used to meet future obligations. - The County's total net assets increased by $281,123,171 over fiscal year 2006, with $238,048,313 of the increase resulting from governmental activities and $43,074,858 resulting from business - type activities. - As of September 30, 2007 Collier County's governmental fund financial statements showed combined ending fund balances of $604,496,205, a decrease of $37,067,834 over the previous fiscal year. Of the total combined ending fund balance, $306,277,346 remains in the various governmental funds of Collier County as unreserved. - The General Fund reported an unreserved fund balance of $77,618,744 at September 30, 2007, an increase of $11,680,296 over September 30, 2006. - Total bonded debt and outstanding loans owed by Collier County increased by $71,139,581 during fiscal year 2007. General government commercial paper debt in the amount of $21,055,000 was issued for the purpose of constructing a Sheriff's Special Operations building, the South Regional Library and an Emergency Medical Services (EMS) Substation, as well as the purchase of four new EMS ambulances. The Collier County Water and Sewer District borrowed $110,165,000 for the purpose of refinancing $38,000,000 of variable rate commercial paper, as well as financing capital improvements to the District's water and wastewater utility system. The Collier County Water and Sewer District also borrowed $24,159,855 from the Florida Department of Environmental Protection's State Revolving Fund Program. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction and explanation of Collier County's basic financial statements, comprised of government -wide and fund financial statements, as well as notes to the financial statements. There is additional supplementary information following these financial statements that may be of interest to the reader. 13A 1114 Government -Wide Financial Statements Government -wide financial statements are designed to provide the reader an overview of the financial position of the County and are similar to private sector financial statements. These statements are comprised of a Statement of Net Assets and a Statement of Activities and are found on pages 14 to 17 of this report. The Statement of Net Assets shows the financial position of Collier County as of September 30, 2007. The statement shows the County's assets less its liabilities, with the difference being reported as net assets. Changes in net assets are useful indicators of financial condition. The Statement of Activities follows the statement of net assets and reports the changes in net assets over the fiscal period. All changes in net assets are reported as soon as the underlying events that gave rise to the change occur, regardless of the timing of the related cash flows. Thus, revenues and expenses are reported for some items, such as accounts receivable or accrued unused vacation and sick leave, that will manifest themselves in cash inflows and outflows, respectively, in future fiscal periods. These statements distinguish Collier County functions that are supported by taxes and intergovernmental revenues (governmental activities), from business -type activities, which are intended to have their costs primarily recovered through user fees and charges. Governmental activities reported in the financial statements are general government, public safety, physical environment, transportation, economic environment, human services and culture and recreation. Business -type activities in Collier County include water and sewer, solid waste collections, airport operations, transit operations and emergency medical services. Fund Financial Statements A fund is a group of related accounts used to maintain control over resources that have been segregated to meet specific objectives. As dictated by generally accepted accounting principles, Collier County uses fund accounting to ensure and demonstrate compliance with financial legal requirements. The funds of the County can be divided into the following three categories: governmental, proprietary and fiduciary. Governmental funds - Governmental funds, presented on pages 18 to 24, account for substantially the same functions as governmental activities reported under the Government -Wide Statement of Net Assets and Statement of Activities. The difference is that the governmental fund financial statements focus on inflows and outflows of expendable resources, as well as balances of expendable resources available at the end of the fiscal year, on a near term basis. As such, these statements present a narrower view of financial condition, but are nonetheless useful in evaluating Collier County's near term financing requirements and available resources. Comparison between the two sets of financial statements allows the reader to better assess the future impact of the government's near term financial decisions. Both the governmental fund balance sheet and the statement of revenues, expenditures and changes in fund balances provide a reconciliation to the respective government -wide financial statements to facilitate comparison. Governmental funds presented individually in Collier County's statements include four major funds, the General Fund, Road Impact Districts Fund, Road Construction Fund and the Community Redevelopment Fund. While there are many smaller governmental funds under Collier County management, they are 4 13A aggregated in a total column named "other governmental funds ". Combining statements for these other governmental funds have been presented elsewhere in this report. Proprietary funds - Collier County maintains two different types of proprietary funds, enterprise and internal service, which are reflected on pages 25 to 29 of this report. Enterprise funds report, with more detail, the same functions presented as business -type activities in the government -wide financial statements for water and sewer, Goodland water, solid waste disposal, emergency medical services, transit and the airport authority. The Collier County Water and Sewer District Fund is presented individually as a major fund. Internal service funds are maintained to allocate and accumulate costs internally for Collier County. The County uses internal service funds to account for health insurance, worker's compensation insurance, property and casualty insurance and fleet operations. The internal service funds are presented in total in the proprietary fund financial statements, but may be viewed on a combining basis elsewhere in the report. Fiduciary funds - Fiduciary funds are used to account for resources held for the benefit of parties outside of Collier County government. These funds are not presented in the government -wide financial statements as they do not represent resources available to support Collier County functions. The fiduciary funds are presented in the fund financial statements, on page 30 of this report. All of the County's fiduciary funds are agency funds. The accounting used for agency funds is based on the concept that assets equal liabilities when the government is acting in a fiduciary capacity. Notes to the Financial Statements The notes provide additional information essential to a full understanding of the data provided in both the government -wide and fund financial statements. The notes appear on pages 32 to 65 of this report. Other Information The combining and individual nonmajor fund financial statements and schedules mentioned above present more detailed views of nonmajor governmental and enterprise funds and begin on page 67. This section contains combining balance sheets and statements of revenues, expenditures and changes in fund balance for governmental funds, including budgetary comparisons, and combining balance sheets and statements of revenues, expenses and changes in fund net assets for enterprise funds. Also included are combining financial statements for internal service and agency funds. Additional information about the County, which may be of interest to the reader, can be found under the Statistical and Single Audit sections of this report. Government -Wide Financial Analysis Changes in net assets over time are a useful indicator in assessing financial condition. Collier County's increase in net assets for this fiscal year amounts to $281,123,171, resulting in an ending net assets balance as of September 30, 2007 of $2,179,003,983. Collier County's investment in capital assets such 13A as land, roads, buildings, parks and machinery and equipment, net of depreciation or any outstanding debt related to the construction or purchase of the asset, amounts to 69% of net assets. Capital assets are used to provide services to the citizens and consequently do not represent spendable resources. Collier County's net assets also include restricted net assets of $275,492,475 and unrestricted net assets of $400,631,689. Restricted net assets are resources subject to external restriction on how they may be used while unrestricted net assets may be used to meet the County's ongoing obligations. Following are Collier County's net assets and changes in net assets for the fiscal years ended September 30, 2006, as restated, and 2007, shown in condensed form: Current and other assets Capital assets, net Total assets Long -term liabilities Other liabilities Total liabilities Net assets: Invested in capital assets, net of related debt Restricted Unrestricted Total net assets Collier County's Schedule of Net Assets (in millions) Governmental Business -type Activities Activities 2007 2006 as restated $ 766.7 793.9 1,312.8 1,059.1 2,079.5 1,853.0 507.9 491.2 137.9 166.1 2007 2006 as restated 187.8 138.5 867.2 775.9 1,055.0 914.2 264.3 175.7 45.4 36.5 645.8 657.3 309.7 212.2 871.4 672.2 244.7 205.4 317.6 318.1 $ 1,433.7 1,195.7 631.5 596.9 30.8 28.1 83.0 77.2 745.3 702.2 772.2 666.9 Total 202.6 955.5 Percentage Total Change 2007 2006 as restated 2007 -2006 954.5 932.4 2.4% 2,180.0 1,835.0 18.8% 3,134.5 2,767.4 13.3% 772.2 666.9 1833 202.6 955.5 869.5 1,502.9 1,269.1 275.5 233.5 400.6 395.3 2,179.0 1,897.9 15.8% (9.5 %) 9.9% 18.4% 18.0% 1.3% 14.8% Note: Certain fiscal year 2006 balances are restated in a manner consistent with the restatement discussed in Note 17 on page 63. 6 13A Collier County's Schedule of Changes in Net Assets (in millions) Total Governmental Business -type Percentage Activities Activities Total Change 2007 2006 2007 2006 2007 2006 2007 -2006 as restated as restated as restated Revenues Program revenues Charges for services $ 72.5 78.3 144.8 132.4 217.3 210.7 3.1% Operating grants and contributions 27.3 43.1 2.7 3.1 30.0 462 (35.1 %) Capital grants and contributions 122.3 99.1 32.7 36.3 155.0 135.4 14.5% General revenues: 54.2 46.3 - - 54.2 46.3 17.1% Property taxes 345.1 293.2 - - 345.1 293.2 17.7% Other taxes and shared revenues 84.8 86.8 - - 84.8 86.8 (2.3 %) Interest income 43.1 38.5 6.9 4.1 50.0 416 17.4% Change in fair value 21.8 25.8 - - 21.8 25.8 (15.5 %) of investments 5.8 (2.1) 1.3 (.3) 7.1 (2.4) - Miscellaneous 8.2 10.3 .6 - 8.8 15.4 14.6% Total revenues 709.1 647.2 189.0 175.6 898.1 822.8 9.2% Expenses General government 110.8 100.2 - - 110.8 100.2 10.6% Public safety 183.1 188.0 - - 183.1 188.0 (2.6 %) Physical environment 19.9 13.8 - - 19.9 13.8 44.2% Transportation 54.2 46.3 - - 54.2 46.3 17.1% Economic environment 11.7 9.4 - - 11.7 9.4 24.5% Human services 12.9 12.6 - - 12.9 12.6 2.4% Culture and recreation 41.6 34.4 - - 41.6 34.4 20.9% Interest on long -term debt 21.8 25.8 - - 21.8 25.8 (15.5 %) Water and sewer - - 89.6 76.3 89.6 76.3 17.4% Solid waste - - 32.0 32.9 32.0 32.9 (2.7 %) Airport authority - - 4.3 4.0 4.3 4.0 7.5% Emergency medical services - - 273 22.5 27.3 22.5 21.3% Mass transit - - 7.8 6.0 7.8 6.0 30.0% Total expenses 456.0 430.5 161.0 141.7 617.0 572.2 7.8% Increase in net assets before transfers 253.1 216.7 28.0 33.9 281.1 250.6 12.2% Transfers, net (15.1 ) (13.2) 15.1 13.2 - - - Change in net assets 238.0 203.5 43.1 47.1 281.1 250.6 12.2% Net assets - beginning, as restated 1,195.7 992.2 702.2 655.1 1,897.9 1,647.3 15.2% Netassets - ending $ 1,433.7 1,195.7 745.3 702.2 2,179.0 1,897.9 14.8% Note: Certain fiscal year 2006 balances are restated in a manner consistent with the restatement discussed in Note 17 on page 63 7 13A Governmental Activities The current year increase for net assets of governmental activities amounted to $238,048,313, an increase of 20% over the previous year's net assets. The major reason for the unrestricted governmental activity increase was the increase in property values. The taxable assessed value increased by 25% over fiscal year 2006. This resulted in an increase in property tax revenues of $51,814,630, or 18 %, over last fiscal year. Impact fees are reported as capital contributions in the governmental activities. During fiscal year 2007 the County collected impact fees for transportation, parks, libraries, emergency medical services, correctional facilities, law enforcement, governmental facilities and fire totaling $84,791,726. This represents an increase in total impact fee collections over fiscal year 2006 of 21 %, but is represented mainly by the payment of road impact fees pursuant to the County's Certificate of Adequacy road impact fee agreements under which developers pay 50% of the road impact fees up front and the remaining 50% within two years. This increase is due to the second half of these payments being received. Standard impact fee collections were actually down by 22 %. Also contributing to this increase was the contribution, by developer agreement, of infrastructure with a value of $12,153,144. Sales tax revenues decreased by $2.1 million versus fiscal year 2006. This decrease reflects a general decline in the state's economy. General government expenses increased due to increased operational costs in the categories of administrative services, other general and administrative and facilities management. Physical environment expenses increased 64% mainly due to the depreciation on a large beach renourishment project put into service during fiscal year 2007. Public safety expenses decreased relative to the previous fiscal year as Hurricane Wilma impacted the previous fiscal year's operations. Interest expense decreased as debt principal repayments totaling $36,143,989, including prepayments of $18,425,000, were made during fiscal year 2007. Governmental activities interest expense was $21,779,345 for fiscal year 2007, net of amortizations. Business -type Activities Increases in net assets related to business -type activities amounted to $43,047,858 in the aggregate, representing a 6% increase over the previous year's net assets. This increase is I% less than the 2006 rate of increase from the previous fiscal year. 'File majority of the increase, or $38,787,418, can be attributed to the Collier County Water and Sewer District. Water and wastewater operating revenues increased $11,104,747, or 14 %, over the previous fiscal year, while costs of operations, including depreciation, were up 16% overall. Personal services expenses and depreciation were up 14% and other operating expenses were up 18 %. These increases reflect the increase in expenses brought on by the recent capital expansion of the County Water and Sewer District. Over $100M in capital facilities were added and improved during fiscal year 2006 and for fiscal year 2007 a further $43M was added. Fiscal year 2007 saw an 1 I% decrease in capital grants and contributions, which includes impact fees. The County charges water and wastewater impact fees on new construction in order to finance growth necessitated capital expansion. Solid Waste charges for services were essentially flat when compared to fiscal year 2006 with a less than I% increase. Fund Financial Statement Analysis As mentioned above, Collier County utilizes fund accounting to ensure compliance with finance related legal requirements. Governmental Funds Governmental funds provide the user with information on near term inflows, outflows and balances of spendable resources. Unreserved fund balance is a useful measure of net resources available to be spent at the end of the fiscal year. Governmental funds consist of the General Fund, Special Revenue Funds, Debt Service Funds and Capital Project Funds. 8 13A , As of September 30, 2007 Collier County governmental funds reported combined fund balances of $604,496,205, a decrease of $37,067,834 over prior year combined fund balances. Governmental funds reserved $286,837,426 of fund balance for encumbrances in the next fiscal year, $58,660 for inventory, deposits and prepaid items, $4,216,608 for debt service and $7,106,165 for advances made to other funds. The remainder of fund balance is considered unreserved and is available for discretionary spending. The following were noteworthy activities and changes relating to the major governmental funds for fiscal year 2007: The General Fund is the main operating fund of Collier County. At September 30, 2007, total fund balance in the general fund was $81,324,632, of which $77,618,744 was unreserved. As a percentage of total general fund expenditures and net transfers, the unreserved portion is 21 %. The total fund balance increased by $14,423,895, or 22 %, over the September 30, 2006 total fund balance. The increase is primarily due to increased property tax revenue as a result of a 25% increase in taxable assessed value. The Road Impact Districts Fund is used to account for the receipt and expenditure of road impact fees. Road impact fees of $69,953,360 were collected during fiscal year 2007, to be used for growth related transportation capital improvements. This represents an increase in total road impact fee collections over fiscal year 2006 of 36 %, but is represented mainly by the payment of road impact fees pursuant to the County's Certificate of Adequacy road impact fee agreements under which developers pay 50% of the road impact fees up front and the remaining 50% within two years. This increase is due to the second half of these payments being received. Capital expenditures of road impact fees increased by 85% for fiscal year 2007. Major projects and improvements completed and capitalized during fiscal year 2007 included portions of the Immokalee I -75 Loop, Goodlette Frank Road from Pine Ridge Road to Golden Gate Parkway, Goodlette Frank Road from Pine Ridge Road to Golden Gate Parkway and Immokalee Road from I -75 to Collier Boulevard in the combined total of $13,189,730. Major ongoing projects include the six -lane of Immokalee Road from I -75 to Collier Boulevard, Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard, Golden Gate Parkway from Airport- Pulling Road to Santa Barbara Boulevard and Santa Barbara Boulevard for Davis Boulevard to Pine Ridge Road in the combined amount of $40,618,405 through September 30, 2007. The combination of these activities resulted in a decrease in fund balance of $7,300,600 for the Road Impact Districts Fund. The Road Construction Fund accounts for the accumulation of gas taxes, bond proceeds and General Fund transfers for the construction of roads. Capital expenditures in the Road Construction Fund increased by 95 %, compared to fiscal year 2006. Major projects completed and capitalized during fiscal year 2007 include the Golden Gate Parkway Overpass in the amount of $38,103,617. Major ongoing projects and improvements include Goodlette Frank Road from Pine Ridge Road to Golden Gate Parkway, Immokalee Road from Collier Boulevard to Wilson Boulevard, Vanderbilt Beach Road from Airport Pulling Road to I -75 right of way purchase, Immokalee Road from US 41 to I -75 and Collier Boulevard from Golden Gate Boulevard to Immokalee Road. The total amount of construction in progress for these projects was $93,039,192 as of September 30, 2007. The combination of these activities resulted in a decrease in fund balance of $47,945,455 for the Road Construction Fund. The Community Redevelopment Fund accounts for the receipt and expenditure of tax increment revenues for the Bayshore /Gateway Triangle and Immokalee Redevelopment Authorities. During fiscal year 2007 the Bayshore /Gateway Triangle borrowed $1,335,000 against a $7 million dollar taxable line of credit for the purposes of financing the purchase and improvement of property within the Triangle. M 13A it Proprietary funds Proprietary fund statements provide the same information as the business -type activities in the government -wide financial statements, but in greater detail, and on a fund basis for enterprise funds. At September 30, 2007, total net assets amounted to $745,274,760 for enterprise funds, as compared to $702,199,902 as of September 30, 2006. Net assets change as a result of operations, non- operating revenues and expenses, capital contributions and grants and donations. The Collier County Water and Sewer District's activity represents the majority of the increase in net assets. For the year ended September 30, 2007 the Water and Sewer District reported capital grants and contributions of $30,652,511, which includes system development fees of $18,192,854, $7,114,364 in developer infrastructure contributions and capital grants, contributions and assessments of $5,345,293. Net Operating Income /(Loss) 2007 2006 County Water and Sewer $ 10,181,124 10,174,995 Non -major enterprise funds (19,133,606) (13,936,477) Total $ (8,952,482) (3,761,482) The Collier County Water and Sewer Fund net operating income increased by $6,129. This resulted from a $11,104,747 increase, or 14 %, in charges for services and miscellaneous operating revenues offset by an increase in overall operating costs of $11,098,618, or 16 %. Personal services were up by 14 %, other operating costs were up by 18% and depreciation expense increased by 14 %. As new and improved facilities are brought on line, costs of operations increased commensurately. Capital Assets Collier County's financial statements present capital assets in two distinct groups, those that are depreciated and those not subject to depreciation. Buildings and equipment are examples of assets that are depreciated and land and construction in progress are examples of assets not depreciated. Collier County's investment in capital assets for the governmental and business -type activities amounted to $2,179,960,949, net of accumulated depreciation. This investment in capital assets, both purchased and donated, includes land, buildings and improvements, machinery and equipment, parks, roads, beach renourishment, bridges and drainage structures. Investment in capital assets for the current fiscal year, net of depreciation, increased by $344,954,233 over the previous year. There was an increase in the governmental activities of $253,689,412, or 24 %. The proprietary fund share of the increase was $91,264,821, and amounted to a 12% increase. The major factors behind these increases are as follows: - Water and sewer, solid waste disposal and airport authority construction in progress increases amounted to $103,310,511. Of this amount, $97,946,981 was related to water and wastewater facilities constructed by the County Water and Sewer District. - Capitalization as construction in progress of $203,392,014 of governmental activity related costs, with $130,248,103 of this increase related to transportation projects, $51,218,232 related to government facilities, including an emergency operations centers, libraries, a Fleet facility and a 10 13 A r,,i courthouse annex and $21,925,679 in parks and recreation, stormwater, beach renourishment and other projects. Purchases of land and non - depreciable assets were $43,981,212 for fiscal year 2007. Additional information regarding Collier County's capital assets can be found in Note 5 beginning on page 46 of this report. Debt Administration At September 30, 2007, Collier County had net bonded revenue debt of $588,518,153 outstanding, an increase of $87,052,684 from the previous year. The following table illustrates the balances of all outstanding long -term debt for the fiscal years ended September 30, 2007 and 2006: Outstanding Debt 2007 2006 Limited General Obligation Revenue Bonds $ 27,342,246 31,343,605 Revenue Bonds 588,518,153 501,465,469 Florida Local Government Loans 51,430,000 84,980,000 State Revolving Fund Loans 106,793,982 86,558,805 Line of Credit and Miscellaneous Notes 6,039,428 4,636,349 Total $ 780,123,809 708,984,228 On December 14, 2006, the Collier County Water and Sewer District issued the $110,165,000 Water and Sewer Revenue Bonds, Series 2006. The County issued these bonds for the purpose of providing funds to reimburse or finance the costs of additions, extensions and improvements to the water and wastewater utility system. In addition, the Series 2006 Bonds refunded outstanding Florida Local Government commercial paper notes in the amount of $38,000,000. The Series 2006 Water and Sewer Revenue Bonds were issued on parity as to the lien on and security with the District's Water and Sewer Refunding Revenue Bonds, Series 1999A, 1999B, 2003A and 2003B currently outstanding in the aggregate amount of $53,465,000. On September 27, 2007 Collier County borrowed a total of $21,055,000 from the pooled commercial paper program for purposes of acquiring and constructing emergency medical services ambulances and substations, the South County Regional library and the Sheriffs Special Operations Building, respectively. The Bayshore Gateway Triangle Community Redevelopment Agency borrowed $1,335,000 on a $7,000,000 taxable, non - revolving line of credit with Wachovia Bank. The proceeds were used for the purchase of land within the Bayshore Gateway Triangle. During fiscal year 2007 Collier County prepaid a total of $18,425,000 in long term debt. Prepayments totaling $12,565,000 were made on the County's Caribbean Gardens pooled commercial paper loan, 3A w, issued during fiscal year 2006 for the purchase of land and buildings commonly referred to as Caribbean Gardens. Collier County also prepaid $1,500,000 in commercial paper debt related to the improvement of community development data processing and cash defeased $4,360,000 in Series 2003 Capital Improvement Bond debt related to community development construction improvements. The Constitution of the State of Florida, Florida Statute 200.181 and Collier County set no legal debt limit. Further information regarding Collier County's long -term debt can be found in Note 6 beginning on page 47 of this report. Budgetary Highlights Budgetary comparison statements are provided in the basic financial statements for the General Fund and the Community Redevelopment Fund. Budget columns are presented for both the original budget as well as the final budget. These columns are followed by a column for actual expenditures and a column for differences between final budget and actual expenditures. Certain amendments to the original budget were approved throughout the year. A comparison of original budget to final budget for General Fund revenues shows budget amendments increasing various revenues. Budgeted charges for services increased by $2,146,039 primarily due to budget amendments to increase Tax Collector fees collected in the amount of $1,609,765 and an increase for revenues derived from the operation of the Cocahatchee River Park Marina in the amount of $284,987. The budget for interest income was also increased by $610,300 and miscellaneous revenue budget relating to the Tax Collector was recognized in the amount of $256,222. Significant period expenditure budget increases, over $200,000 within a department, were made to various cost centers, and are outlined in the following table: Significant variances between actual results and final budget amounts in the General Fund occurred during fiscal year 2007. Tax revenues were under budget by $10,425,147 primarily due to the practice of not budgeting for the discount allowed for property taxes. The discount ranges from a maximum 4% to 1%, depending on the date of payment. Interest income was over budget due to the use of conservative estimates in the generation of the fiscal year 2007 budget necessitated by uncertain project payout timelines. General Fund general government expenditures were under budget primarily due to a $4,000,000 watershed study that will be ongoing from 2007 -2010. The project was in the pre - planning stages during fiscal year 2007. General Fund public safety expenditure and the emergency management department in particular, were under budget due mainly to Sheriff's operations operating under budget. 12 Budget Department Increase /(De Reason for Increase /(Decrease) crease Clerk of the Circuit Court $ (2,062,900) Decrease in transfers to Clerk of Courts Tax Collector 247,044 Increase in operating costs Emergency Management 431,640 Hurricane Wilma debris removal County Attorney 209,337 Outside counsel and professional services Beach and Water Ops. 615,808 Payment to City of Naples, Cocahatchee Park Ops. Transfers Out 10,547,282 Additional transfers to other funds Transfers In (4,197,800) Clerk of Courts transfers from other funds Significant variances between actual results and final budget amounts in the General Fund occurred during fiscal year 2007. Tax revenues were under budget by $10,425,147 primarily due to the practice of not budgeting for the discount allowed for property taxes. The discount ranges from a maximum 4% to 1%, depending on the date of payment. Interest income was over budget due to the use of conservative estimates in the generation of the fiscal year 2007 budget necessitated by uncertain project payout timelines. General Fund general government expenditures were under budget primarily due to a $4,000,000 watershed study that will be ongoing from 2007 -2010. The project was in the pre - planning stages during fiscal year 2007. General Fund public safety expenditure and the emergency management department in particular, were under budget due mainly to Sheriff's operations operating under budget. 12 13A Economic Factors and Year 2008 Budgets and Rates The following factors were taken into account in preparing the fiscal year 2008 budget: - The population of Collier County increased by 2.2% from fiscal year 2006 to fiscal year 2007. Forbes Magazine's 2006 annual survey of "Best Places for Business and Careers" ranked the Naples MSA 73`d among the nation's 200 larger metros and 2nd in job growth. The main focus of the Capital Improvement Program in FY -2008 is road construction, utility water and wastewater improvements and construction of general government facilities. During the current fiscal year, the General Fund unreserved fund balance increased by $11,680,296 to $77,618,744. To date, $50,276,845 of the fiscal year 2007 unreserved fund balance has been appropriated as carryforward for spending in fiscal year 2008. Due to the amount of the unreserved fund balance, combined with slightly positive growth rates and increases in appraised values, there was a decrease in the general fund millage rate for fiscal year 2008. Other Discussion The Clerk of Courts is currently involved in litigation with the County. The Court, in the final judgment in Case #04- 941CA, consolidated with Case numbers 05 -953CA and 05- 1506CA, issued September 12, 2007, incorporates by reference three orders dated August 24, 2007. In Paragraph 8 of the Order Granting In Part, and Denying, In Part, the "Clerk's Motion for Partial Summary Judgment Regarding Undisputed Roles of the Clerk" and Granting "Collier County's Cross - Motion for Summary Judgment on the Undisputed Roles of the Clerk of Courts ", the Court makes the determination that the Clerk has no duty of preparing and certifying the accuracy of the County's financial statements, including the annual management representation letter. Please see the court order attached as pages vii to xxii of the transmittal letter. The Case is in the appellate process, however, pursuant to paragraph 10 of that same order, the Board is and has limited the Clerk's scope and ability to determine facts through the audit and examination process, that would allow the Clerk to represent that the financial statements, to our knowledge, are prepared in accordance with Generally Accepted Accounting Principles (GAAP) and include all transactions of the County. Contact Information This financial report is intended to give the user a general overview of Collier County Government's finances. Any questions resulting from review of this information may be addressed to: Collier County Clerk of the Circuit Court Department of Finance and Accounting Court Plaza III, Suite 202 2671 Airport Road South Naples, Florida 34112 Our office may also be contacted via the internet at www.colliercierk.com. 13 ASSETS Current assets: Cash, cash equivalents and investments Receivables: Trade, net Contributions Special assessments Interest Unbilled revenue Notes Due from other governments Internal balances Deposits Inventory Prepaid costs Restricted assets: Cash, cash equivalents and investments Total current assets Noncurrent assets: Restricted assets: Cash, cash equivalents and investments Receivables: Special assessments Notes Deferred charges Capital assets: Land and nondepreciable capital assets Depreciable capital assets, net Total noncurrent assets Total assets COLLIER COUNTY, FLORIDA STATEMENT OF NET ASSETS SEPTEMBER 30, 2007 13A Primary Government Governmental Business -type Component Activities Activities Total Units $ 350,026,078 $ 79,325,357 S 429,351,435 $ 498,899 3,033,533 9,027,336 12,060,869 - 15,581,910 - 15,581,910 - 80308 722,458 802,766 - 8,303,335 1,582,596 9,885,931 - - 6,408,573 6,408,573 - 38,574 - 38,574 - 17,046,665 3,091,171 20,137,836 - (3,181,851) 3,181,851 - - 421,239 6,267 427,506 - 706,767 3,340538 4,047,305 - 5,334 8,290 13,624 - 49,297,122 15,912,863 65,209.985 441,359,014 122,607,300 563,966,314 498,899 308,828,919 58,135,382 366,964,301 441,280 1,588,050 2,029,330 10,793,126 3,703,224 14,496,350 5,308,832 1,811,917 7,120,749 595,934,254 232,105,096 828,039,350 716,866,311 635,055,288 1,351,921,599 1,638,172,722 932,398,957 2,570,571,679 1079,531,736 1,055,006,257 3,134,537,993 498,899 The notes to the financial statements are an integral part of this statement. 14 COLLIER COUNTY, FLORIDA STATEMENT OF NET ASSETS SEPTEMBER 30, 2007 13A Invested in capital assets, net of related debt 871,389,013 Primary Government 1,502,879,819 - Restricted for: Governmental Business -type Component Growth related capital expansion Activities Activities Total Units LIABILITIES 52,998,981 - 52,998,981 - Current liabilities: 25,517,043 - 25,517,043 - Accounts payable $ 23,209,323 $ 11,919,448 $ 35,128,771 $ - Wages payable 11,850,781 1,462,763 13,313,544 - Retainage payable 434,032 1,219,717 1,653,749 - Due to other governments 3,128,463 20,814 3,149,277 - Due toindividuals 127,314 16,205 143,519 - Arbitrage rebate 33,163 - 33,163 - Self- insurance claims payable 4,926,525 - 4,926,525 - Compensated absences 8,186,595 2,001,502 10,188,097 - Capital lease obligations 144,409 15,669 160,078 - Uneamed revenue 7,371,836 - 7,371,836 - Interest payable 8,432,521 2,737,623 11,170,144 - Bonds and loans payable 20,815,000 10,149,295 30,964,295 - Liabilities payable from restricted assets: Accounts payable 33,043,837 9,597,480 42,641,317 - Retainage payable 14,193,145 5213,836 19,406,981 - Refundable deposits 2,060,140 469,665 2,529,805 - Notes payable - 138,428 138,428 - Unearned revenue - 493,454 493,454 - Total current liabilities 137,957,084 45,455,899 183,412,983 - Noncurrent liabilities: Arbitrage rebate 181,100 1,222,713 1,403,813 - Self- insurance claims payable 6,644,475 - 6,644,475 - Compensated absences 11,176,527 105,343 11,281,870 - Capitalleaseobligations 752,541 52,133 804,674 - Landfillpost- closureliability - 2,965,109 2,965,109 - Bonds and loans payable, net 489,090,786 259,930,300 749,021,086 - Totalnoncurrentliabilities 507,845,429 264,275,598 772,121,027 Total liabilities 645,802,513 309,731,497 955,534,010 NET ASSETS Invested in capital assets, net of related debt 871,389,013 631,490,806 1,502,879,819 - Restricted for: Growth related capital expansion 137,575,082 16,218,929 153,794,011 - Transportation capital projects 52,998,981 - 52,998,981 - Conservation Collier 25,517,043 - 25,517,043 - Tourist development 24,438,853 - 24,438,853 - Debt service 4,216,608 14,226,979 18,443,587 - Renewal and replacement - 300,000 300,000 - Unrestricted 317,593,643 83,038,046 400,631,689 498,899 Total net assets $ 1,433,729,223 $ 745,274,760 $ 2,179,003,983 $ 498,899 15 COLLIER COUNTY, FLORIDA STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 13A iNi Business -type Activities: Fees, Fines and Operating Water and Sewer 89,616,519 Charges for Grants and FUNCTIONS /PROGRAMS Expenses Services Contributions Primary Government: 4,297,863 2,860,320 8,337 Governmental Activities: 7,760,504 1,152,906 2,642,976 General government S 110,814,049 $ 46,380,387 $ 795,409 Public safety 183,047,811 14,292,505 6,967,431 Physical environment 19,886,217 997,065 1,037,421 Transportation 54,197,882 1,902,068 8,747,134 Economic environment 11,721,840 791,862 7,530,731 Human services 12,892,046 605,028 1,846,638 Culture and recreation 41,595,203 7,494,175 384,475 Interest on long -term debt 21.779,345 Total governmental activities 455 934,393 72,463,090 27,309,239 Business -type Activities: Water and Sewer 89,616,519 92,090,399 - Solid Waste 32,033,674 33,864,121 5,345 Airport Authority 4,297,863 2,860,320 8,337 Mass Transit 7,760,504 1,152,906 2,642,976 Emergency Medical Services 27,303,277 14,823,260 - Total business -type activities 161,011,837 144,791,006 2,656 658 Total primary government $ 616,946,230 $ 217,254 096 $ 29,965,897 Component Units: Collier County Industrial Development Authority $ 367 $ 7,303 - Collier County Educational Facilities Authority 24,044 37,793 - Total component units $ 24,411 $ 45,096 General revenues: Property taxes Gas taxes Sales taxes Tourist taxes Other taxes State revenue sharing Interest income Change in fair value of investments Miscellaneous Transfers, net Total general revenues and transfers Change in net assets Net assets - beginning, as restated (See Note 17) Net assets - ending The notes to the financial statements are an integral part of this statement. 16 13A Revenues Net (Expense) Revenue and Changes in Net Assets Capital Primary Government Grants and Governmental Business -type Component Contributions Activities Activities Total Units $ 5,202,904 $ (58,435,349) 4,854,421 (156,933,454) 7,064,439 (10,787,292) 86,967,344 43,418,664 - (3,399,247) - (10,440,380) 18,238,312 (15,478,241) 14,228,566 (21,779,345) 122,327,420 (233,834,644) 30,652,511 8,549 1,776,098 161,304 48,379 $ (58,435,349) - (156,933,454) (10,787,292) 43,418,664 (3,399,247) - (10,440,380) (15,478,241) (21 779,345) (233,834,644) $ 33,126,391 33,126,391 1,844,341 1,844,341 346,892 346,892 (3,803,318) (3,803,318) (12,431,638) (12,431,638) 32,646,841 - 19,082,668 19,082,668 - $ 154,974,261 (233,834,644) 19,082,668 (214,751,976) - $ 6,936 13,749 20,685 345,054,166 - 345,054,166 - 19,598,183 - 19,598,183 - 32,568,173 - 32,568,173 - 14,228,566 - 14,228,566 - 8,754,084 - 8,754,084 - 9,651,669 - 9,651,669 - 43,108,986 6,907,075 50,016,061 7,697 5,821,977 1,339,234 7,161,211 - 8,222,982 620,052 8,843,034 - (15,125,829) 15,125,829 - - 471,882,957 23,992,190 495,875,147 7,697 238,048,313 43,074,858 281,123,171 28,382 1,195,680,910 702,199,902 1,897,880,812 470,517 $ 1,433,729,223 $ 745,274,760 $ 2,179 003,983 $ 498,899 17 ASSETS Cash, cash equivalents and investments Receivables: Interest Trade, net Notes Special assessments Due from other funds Due from other governments Deposits Inventory Advances to other funds Prepaid costs Total assets LIABILITIES AND FUND BALANCES Liabilities: Accounts payable Wages payable Due to other funds Due to other governments Due to individuals Deferred revenue Refundable deposits Retamage payable Advances from other funds Total liabilities Fund balances: Reserved for Encumbrances Deposits Inventory Advances to other funds Prepaid costs Debt service L'nrescncd_ reported in General fund Special revenue funds Debt service funds Capital project funds Iotalfund balances 'total liabilities and fund balances COLLIER COUNTY, FLORIDA 1 3 A BALANCESHEET GOVERNMENTALFUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Road Other Total General Impact Road Community Governmental Governmental Fund Districts Construction Redevelopment Funds Funds $ 86,520,208 $ 125,858,688 $ 137,963,697 $ 4,475,519 $ 317,397,428 $ 672,215,540 7,292,041 - 11 57,441 933,952 8,283,445 912,507 25,027 579,549 - 1,420,366 2,937,449 846,290 5,809,072 - - 4,176,338 10,831,700 - - - - 521,588 521,588 1,730,351 - 774,309 - 2,696,935 5,201,595 3,755,706 1,161,351 4,313,639 - 7.766,651 16,997,347 3,500 - - - - 3,500 49,608 - - - 282,609 332,217 3,479,665 - - - 3,626,500 7,106,165 3,270 7,106,165 7. 106,165 2,064 5,334 $ 104,593 146 $ 132,854,138 $ 143,631 205 $ 4,532960 $ 338,824,431 $ 724,435 880 $ 7,938,334 $ 9,921,799 $ 11,302,512 $ 15,234 $ 25,771,604 $ 54,949,483 9,951,400 - 74,399 3,500 10,256 1,720,371 11,756,426 2,650 -530 772,162 - 2,064 255 - 2,365,470 5,788,417 1,286,332 - - - 1,842,131 3,128,463 126,774 - - - 540 127,314 531,635 5,809,072 3,997,811 - 10,057,572 20396,090 783,509 - 200,000 - 1,076,631 2,060,140 - 5,940,597 6,166,347 - 2,520,233 14,627,177 7,106,165 7. 106,165 23,268 -514 22443,630 21,741,324 25,490 52,460717 119,939,675 169,845 56,090,738 101,795,543 3,500 - - 49,608 3,479,665 - 3,270 251,426 128,529,874 286,837,426 - - 3,500 - 218 49,826 - 3,626,500 7,106,165 - 2,064 5,334 - 4,216,608 4,216,608 77,618,744 - - - - 77,618,744 - - - 4,256,044 113,893,835 118,149,879 - 2,620,806 2,620,806 54 319,770 20,094,338 33,473,809 107,887,917 81,324,632 110,410.508 121889,881 4,507,470 286363,714 604,496,205 $ 104593 146 S 132,854,138 $ 143,631,205 $ 4,532,960 $ 338,824431 $ 724,435,880 The notes to the financial statements are an integral pan of this statement. 18 COLLIER COUNTY, FLORIDA 13A RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET ASSETS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Differences in amounts reported for governmental activities in the statement of net assets on pages 14 -15: Fund balances - total governmental funds $ 604,496,205 Capital assets used in governmental activities are not financial resources and therefore are not reported in the funds. Those assets consist of: Land and other non - depreciable assets $ 286,744,887 Construction in progress 309,148,412 Depreciable assets, net of $343,813,305 in accumulated depreciation. 716,126,281 1,312,019,580 Certain accounts receivable are not financial resources and therefore are not reported in the governments] funds. 15,581,910 Certain long -term assets are not financial resources and therefore are not reported in the governmental funds. 5,308,832 Certain revenues will be collected after year -end, but are not available to pay for the current period's expenditures, and therefore are reported as deferred revenue in the funds. 13,024,254 Certain liabilities applicable to the County's governmental activities are not due and payable in the current period and accordingly are not reported as fund liabilities. Interest on long -term debt is not accrued in the governmental funds, but is recognized as an expenditure when due. All liabilities are reported in the statement of net assets. Balances at September 30, 2007 are: Accrued interest on bonds $ (8,432,521) Bonds and notes payable (492,766,000) Capital leases (896,950) Compensated absences (19,189,188) Arbitrage rebate liability (214,263) Unamortized deferred loss 471,098 Unamortized premium (18,201,955) Unamortized discount 591,071 (538,638,708) Internal service funds are used by the County to charge self - insurance and fleet management services to individual funds. The assets and liabilities of the internal service funds are included in governmental activities in the statement of net assets. Internal service fund net assets are: 21,937,150 Total net assets - governmental activities $ 1,433,729,223 The notes to the financial statements are an integral part of this statement. 19 13A COLLIER COUNTY. FLORIDA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Expenditures: Road Other Total Loans issued General Impact Road Community Governmental Governmental - - Fund Districts Construction Redevelopment Funds Funds Revenues: 23,828,872 168,602,481 Physical environment 1,037,961 - - - Taxes $264,031,953 11 - $ 14,165,138 S 2,766,200 $100,019,317 $380,982,608 Licenses and permits 155,350 - - - 15,381,437 15,536,787 Intergovemmental 48,749,815 - 10,823,451 - 33,612,297 93,185,563 Charges for services 22,703,906 337,684 928,141 - 22,157,374 46,127,105 Fines and forfeitures 594,834 - - - 3,486,735 4,081,569 Interest income 37,223,455 4,657 53,025 255,264 5,174,828 42,711,229 Change in fair value 22,407,070 Fiscal charges - - - - 60,760 of investments 482,432 1,111,847 1,226,491 39,454 2,691,354 5,551,578 Impact fees - 69,953,360 - - 14,838,366 84,791,726 Special assessments - - - - 3,239,787 3,239,787 Miscellaneous 2,473,103 6,980 1,793,243 6,430 3,052582 7,337,338 Total revenues 376,414,848 71414.528 29,989,489 3,067,348 203 659.077 683,545,290 Expenditures: Current: Loans issued - - - 1,335,000 General government 62,951,014 - - - 33,531,498 96,482,512 Public safety 144,773,609 - - - 23,828,872 168,602,481 Physical environment 1,037,961 - - - 10,722,157 11,760,118 1 ransportation - 555,029 5,331,240 - 33,219,050 39,105,319 Economic environment 1,232,658 - - 702,934 9,754,118 11,689,710 Human services 9,913,611 - - - 2,323,691 12,237,302 Culture and recreation 16,427,403 - - - 18,897,657 35,325,060 Debt service: 3,781,817 Net change in fund balances 14,423,895 (7,300,600) (47,945,455) Principal - - - - 36,143,989 36,143,989 Interest - - - - 22,407,070 22,407,070 Fiscal charges - - - - 60,760 60,760 Capital outlay 11,824,727 78 525,102 85,897,888 1,726,442 112,606,461 290,580,620 Total expenditures 248,160,983 79,080,131 91,229,128 2,429,376 303,495323 724,394,941 Excess (deficiency) of revenues over (under) expenditures 128.253.865 (7,665,603) (62.239.639) 637,972 (99,836,246) (40,849,651) Other financing sources (uses): Loans issued - - - 1,335,000 21,055,000 22,390,000 Sale of capital assets - 365,003 - - - 365,003 Insurance proceeds 380,262 - - - 504,443 884,705 Payment to refunding bond escrow - - - - (4,499,562) (4,499,562) transfers in 4,685,837 - 31,999,584 - 129,427,429 166,112,850 Transfers out (118,896-069) (17,705.400) (851,852) (44,017,858) (181,471,179) Total other financing sources (uses) (113,829,970) 365,003 14 294.184 483.148 102,469,452 3,781,817 Net change in fund balances 14,423,895 (7,300,600) (47,945,455) 1,121,120 2,633 206 (37,067,834) Fund balances at beginning ofyear, as restated (See Note 17) 66,900,737 117,711,108 169 - 835336 3,386,350 283,730,508 641,564.039 Fund balances at end of year $ 81,324,632 $110,410,508 $121 889,881 $ 4,507,470 $286 363 714 $604,496,205 The notes to the financial statements are an integral part of this statement 20 COLLIER COUNTY, FLORIDA RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Differences in amounts reported for governmental activities in the statement of activities on pages 16 -17: Net change in fund balances - total governmental funds Governmental funds report capital outlays as expenditures. Hoyvever, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. 13A $ (37,067,834) Capital outlay $ 290,580,620 Depreciation expense (50,315,185) 240,265,435 Donations of capital assets are not financial resources to governmental funds, but receiving donated assets increases net assets in the statement of net assets. 7,286,357 Receivables for uncompleted developer improvements are not financial resources to governmental funds. 9,581,910 In the statement of activities, the loss on the sale of capital assets is reported. However, in the governmental funds the proceeds from the sale of capital assets increase financial resources. The change in net assets differs from the change in fund balance by the net book value of assets disposed. (1,639,635) Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds. 563,950 Loan proceeds provide current financial resources to governmental funds, but issuing debt increases long -term liabilities in the statement of net assets. (22,390,000) Repayment of principal on long -term debt is an expenditure in governmental funds, but a reduction of long -term liabilities in the statement of net assets. Bond and loan principal payments $ 36,075,000 Payment to refunding escrow agent 4,360,000 Payments on capital leases 131,662 40,566,662 Certain amounts reported in the statement of activities do not require the use of current financial resources and therefore are not reported as expenditures in the governmental funds. Increase in compensated absences S (3,298,538) Accrued interest on bonds 306,816 Amortization of deferred charges (290,596) Amortization of deferred loss (94,220) Amortization of premium 1,123,246 Amortization of discount (28,337) Increase in arbitrage rebate liability (188,862) (2,470,491) The net revenues of internal service funds are reported with governmental activities. 3,351,959 Change in net assets - governmental activities $238,048,313 The notes to the financial statements are an integral part of this statement. 21 COLLIER COUNTY, FLORIDA GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (NON -GAAP) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 13A 22 Original Final Variance with Budget Budget Actual Final Budget Revenues: Taxes $274,457,100 $274,457,100 $264,031,953 $(10,425,147) Licenses and permits 162,000 162,000 155,350 (6,650) Intergovernmental 46,928,300 46,928,331 48,749,815 1,821,484 Charges for services 24,002,685 26,148,724 22,703,906 (3,444,818) Fines and forfeitures 625,000 625,000 594,834 (30,166) Interest income 16,040,400 16,650,700 37,223,455 20,572,755 Miscellaneous 10,128,300 10,424,367 11,578,903 1,154,536 Total revenues 372,343,785 375,396,222 385,038,216 9,641,994 Expenditures: Current: General government Board of County Commissioners 1,116,900 1,123,710 1,088,275 35,435 County manager administrative 960,700 960,700 928,270 32,430 Budget and management 896,300 896,300 881,008 15,292 Administrative services 8,630,000 8,618,500 8,178,309 440,191 Human resources administration 1,883,600 1,900,900 1,913,564 (12,664) Clerk of the Circuit Court 12,071,700 10,008,800 9,951,788 57,012 Property Appraiser 6,636,583 6,636,583 5,716,035 920,548 Tax Collector 10,891,184 11,138,228 11,139,577 (1,349) County attorney 3,807,400 4,016,737 3,835,260 181,477 Watershed management 4,096,000 4,094,500 198,399 3,896,101 Circuit court costs 81,100 72,300 30,689 41,611 Courthouse security 1,497,800 1,375,800 1,199,078 176,722 County court cost 47,400 47,400 10,985 36,415 State attorney 490,000 490,000 473,014 16,986 Public defender 203,200 222,200 205,955 16,245 Other general administrative 8,639,900 8,835,705 7,989,101 846,604 Facilities management 10,850,800 11,100,626 11,176,465 (75,839) Sheriff 3,722,200 3,722,200 3,486,381 235,819 Supervisor of Elections 1847,000 2,839,632 2,667,570 172,062 Real property management 962,800 998,800 992,974 5,826 Total general government 80,332,567 79,099,621 72,062,697 7,036,924 Public safety Sheriff 145,343,300 145,343,300 141,189,199 4,154,101 Emergency management administration 985,400 1,513,242 983,918 529,324 Helicopter operations 1,558,000 1,556,197 1,554,131 2,066 Medical examiner services 1,004,400 1,046,400 1,046,361 39 Total public safety 148,891,100 149,459,139 144,773,609 4,685,530 Physical environment Conservation and resource management 1,144,900 1,196,859 1,017,697 179,162 Immokalee cemetery 15,000 23,500 20,264 3,236 Total physical environment 1,159,900 1,220,359 1,037,961 182,398 22 Economic environment Veterans services Impact fee assistance Housing and urban improvement Total economic environment Human services Health Care Responsibility Act Domestic animal services Health department Mental health Client assistance Public services division office Total human services Culture and recreation Library administration Extension services Beach and water park operations Total culture and recreation Capital outlay Total expenditures Excess of revenues over expenditures Other financing sources (uses): Insurance proceeds Transfers in Transfers out Total other financing sources (uses) Net change in fund balance Fund balance at beginning of year Fund balance at end of year Reconciliation: Net change in fund balance, budgetary basis Bad debt expenditure not budgeted Change in fair value of investments Advances budgeted as transfers Impact fee assistance receivable Net change in fund balance, GAAP basis 13A Original Final 4,685,837 Variance with Budget Budget Actual Final Budget 10,214,812 29,225,541 $ 347,600 $ 354,500 $ 319,222 $ 35,278 750,000 750,000 417,660 332,340 2,583,100 2,583,100 913,436 1,669,664 3,680,700 3,687,600 1,650,318 2,037,282 50,000 68,000 67,616 384 2,939,700 2,923,077 2,709,981 213,096 1,809,500 1,809,500 1,770,648 38,852 881,400 881,400 881,400 - 4,572,600 4,567,281 4,162,721 404,560 321,100 332,900 321,245 11,655 10,574,300 10,582,158 9,913,611 668,547 7,137,101 7,132,401 6,860,132 272,269 207,299 211,999 206,779 5,220 10,338,300 10,973,992 9,360,492 1,613,500 17,682,700 18,318,392 16,427,403 1,890,989 8,198,158 8,370,740 270,519,425 270,738,009 101,824,360 104,658,213 5,808,100 1,610,300 (114,731,960) (125,279,242) (108,923,860) (123,668,942) (7,099,500) (19,010,729) 24,802,600 32,950,728 $ 17 ,703 100 $ 13,939,999 The notes to the financial statements are an integral part of this statement. 23 11,813,735 (3,442,995) 257,679,334 13,058,675 127,358,882 22,700,669 380,262 380,262 4,685,837 3,075,537 (122,210,169) 3,069,073 (117,144,070) 6,524,872 10,214,812 29,225,541 32,950,728 - $ 43,165,540 $ 29,225,541 $ 10,214,812 (5,109) 482,432 3,314,100 417,660 $ 14,423,895 13A COLLIER COUNTY, FLORIDA COMMUNITY REDEVELOPMENT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (NON -GAAP) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Expenditures: Current: Economic environment Bayshore /Gateway Triangle Immokalee redevelopment Total economic environment Capital outlay Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses): Loans issued "transfers out Total other financing sources (uses) Net change in fund balance Fund balance at beginning of year Fund balance at end of year Reconciliation: Net change in fund balance, budgetary basis Net increase in fair value of investments Net change in fund balance, GAAP basis 840,200 301,800 1,142,000 1,177,000 2,319,000 840,200 584,528 1,424,728 2,742,000 4,166,728 581,843 121,091 702,934 1,726,442 2,429,376 258,357 463,437 721,794 1,015,558 1,737,352 457,200 Original Final 1989,046 Variance with Budget Budget Actual Final Budget Revenues: - (585,700) (1,114,700) (851,852) Taxes $ 2,766,200 $ 2,766,200 $ 2,766,200 $ Interest income 10,000 10,000 255,264 245,264 Miscellaneous - - 6,430 6,430 Total revenues 2,776,200 2,776,200 3,027,894 251,694 Expenditures: Current: Economic environment Bayshore /Gateway Triangle Immokalee redevelopment Total economic environment Capital outlay Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses): Loans issued "transfers out Total other financing sources (uses) Net change in fund balance Fund balance at beginning of year Fund balance at end of year Reconciliation: Net change in fund balance, budgetary basis Net increase in fair value of investments Net change in fund balance, GAAP basis 840,200 301,800 1,142,000 1,177,000 2,319,000 840,200 584,528 1,424,728 2,742,000 4,166,728 581,843 121,091 702,934 1,726,442 2,429,376 258,357 463,437 721,794 1,015,558 1,737,352 457,200 (1,390,528) 598,518 1989,046 - 1,335,000 1,335,000 - (585,700) (1,114,700) (851,852) 262,848 (585,700) 220,300 483,148 262,848 (128,500) (1,170228) 1,081,666 2,251,894 3,141,800 3,391,040 3,391,040 - $ 3,013,300 $ 2,220,812 $ 4,472,706 $ 2,251,894 $ 1,081,666 39,454 $ 1,121,120 The notes to the financial statements are an integral part of this statement. 24 COLLIER COUNTY, FLORIDA 13 A STATEMENT OF NET ASSETS Governmental - PROPRIETARY FUNDS SEPTEMBER 30, 2007 25 Business -type Activities Enterprise Funds Governmental - Activities - County Water Other Internal Service and Sewer Funds Total Funds ASSETS Current assets: Cash, cash equivalents and investments $ 53,096,494 $ 26,228,863 $ 79,325,357 $ 35,936,579 Receivables: Trade, net 4,346,202 4,681,134 9,027,336 96,084 Special assessments 722,458 - 722,458 - Interest 1,408,037 174,559 1,582,596 19,890 Unbilled revenue 5,680,851 727,722 6,408,573 - Due from other funds 60,153 76,635 136,788 510,443 Due from other governments 613,265 2,477,906 3,091,171 49,318 Deposits 6,267 - 6,267 417,739 Inventory 3,168,656 171,882 3,340,538 374,550 Prepaid costs 8,290 - 8,290 - Restricted assets: Cash, cash equivalents and investments 15,054,869 857,994 15,912,863 - Total current assets 84,165,542 35,396,695 119,562,237 37,404,603 Noncurrent assets: Restricted assets: Cash, cash equivalents and investments 58,135,382 - 58,135,382 - Receivables. Special assessments 1,588,050 - 1,588,050 - Notes 3,703,224 - 3,703,224 - Deferred charges 1,811,917 - 1,811,917 - Capital assets: Land and nondepreciable capital assets 226,276,655 5,828,441 232,105,096 40,955 Depreciable capital assets, net 611,680,625 23,374,663 635,055,288 740,030 Total noncurrent assets 903,195,853 29,203,104 932,398,957 780,985 Total assets 987,361,395 64,599,799 1,051,961,194 38,185,588 (Continued) 25 LIABILITIE'S Current liabilities Accounts payable Wages payable Retainage payable Due to other funds Due to other governments Due to individuals Self-insurance claims payable Compensated absences Leases payable Interest payable Bonds and loans payable Liahilities payable from restricted assets; Accounts payable Retainage payable Refundable deposits Notes payable Unearned revenue Total current liabilities Noncurrent liabilities Arbitrage rebate Sell- insurance claims payable Compensated absences Leases payable Landfill post - closure liability Bonds and loans payable, net Total noncurrent liabilities- 'iota) liabilities COLLIER COUNTY, FLORIDA STATEMENT OF NET ASSETS PROPRIETARY FUNDS SEPTEMBER 30, 2007 13A Business -type Activities Enterprise Funds Governmental $ 11,919,448 $ Activities - County Water Other Internal Service and Sewer Funds Total Funds S 7,841,162 $ 4,078,286 $ 11,919,448 $ 1,303,677 763,398 699,365 1,462,763 94,355 1,008,507 211,210 1,219,717 - 1.545 43,189 44,734 15,675 8 20,806 20,814 - - 16,205 16,205 - - - - 4,926,525 1,224,275 777127 2,001,502 165,237 - 15,669 15,669 - 2,737,623 - 2,737,623 - 10,149,295 - 10,149,295 - 9,597,040 440 9,597,480 - 5,213,836 - 5,213,836 - 105,565 364,100 469,665 - 138,428 - 138,428 - - 493,454 493,454 - 38,780,682 6,719,951 45,500,633 6,505,469 1.222,713 - 1,222,713 - - - - 6,644,475 64,436 40,907 105,343 8,697 - 52,133 52,133 - - 2,965,109 2,965,109 - 259,930,300 - 259,930,300 - 261,217A49 3,058,149 264,275,598 6,653,172 299,998,131 9,778.100 309,776,231 13,158,641 NET ASSETS Invested in capital assets, net of related debt 602,355,504 29.135,302 631,490,806 780,985 Restricted for growth related capital expansion 16,218,929 - 16,218,929 - Restricted for renewal and replacement 300,000 - 300,000 - Restricted for debt service 14,226,979 - 14,226.979 - Unrestricted 54,261,852 25,686,397 79948,249 24,245,962 Total net assets $ 687,363,264 $ 54,821,699 742,184,963 $ 25,026,947 Cumulative consolidation adjustment for internal service fund activities related to enterprise fund: 3,089,797 Net assets of Business -type Activities $ 745,274,760 'I he notes to the financial statements are an integral part of this statement. 26 COLLIER COUNTY, FLORIDA 1 3 A STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS PROPRIETARY FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 The notes to the Financial statements are an integral part of this statement 27 Business -type Activities Enterprise Funds Governmental Activities - County Water Other Internal Service and Sewer Funds Total Funds Operating revenues: Charges for services $ 91,103,671 $ 52,929,302 $ 144,032,973 $ 65,506,057 Miscellaneous 477,890 280,143 758,033 669,247 Total operating revenues 91,581,561 53,209,445 144,791,006 66,175,304 Operating expenses: Personal services 23,915,595 21,577,409 45,493,004 2,977,144 Operating 33,753,014 48,040,513 81,793,527 59,371,570 Depreciation and amortization 23,731,828 2,725,129 26,456,957 134,473 Total operating expenses 81,400,437 72,343,051 153,743,488 62,483,187 Operating income (loss) 10,181,124 (19,133,606) (8,952,482) 3,692,117 Non - operating revenues (expenses): Operating grants and contributions - 2,656,658 2,656,658 - Interest income 6,492,771 414,304 6,907,075 397,757 Insurance reimbursement - 620,052 620,052 - Change in fair value of investments 1,102,718 236,516 1,339,234 270,399 Rebatable arbitrage (1,222,713) - (1,222,713) - Interest expense (7,343,462) (1,492) (7,344,954) - Gain (loss) on disposal of capital assets 65,229 (5,980) 59,249 (745) Total non- operating revenues (expenses) (905,457) 3,920,058 3,014,601 667,411 Income (loss) before contributions and transfers 9,275,667 (15,213,548) (5,937,881) 4,359,528 Capital grants and contributions 30,652,511 1,994,330 32,646,841 - Transfers in 184,923 17,157,825 17,342,748 232,500 Transfers out (1,325,683) (891,236) (2,216,919) Change in net assets 38,787,418 3,047,371 41,834,789 4,592,028 Net assets - beginning, as restated 648,575,846 51,774,328 20,434,919 Net assets - ending $ 687,363,264 $ 54,821,699 $ 25,026,947 Consolidation adjustment for internal service fund activities related to enterprise funds. 1,240,069 Change in net assets of Business -type Activities $ 43,074,858 The notes to the Financial statements are an integral part of this statement 27 COLLIER COUNTY, FLORIDA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FOR "FHE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Cash Bows from operating activities: Cash received for services Cash received from other funds for services Cash received from employees for services Cash received from insurance Cash received from other governments Cash received from refundable deposits Cash received from donations Cash received from retirees for services Cash payments on behalf of retirees Cash payments for goods and services Cash payments to employees Cash payments on refundable deposits Net cash provided by (used for) operating activities Cash flows front non - capital financing activities: Cash received from operating grants Cash transfers from other funds Cash transfers to other funds Net cash provided by (used for) non - capital financing activities Cash flows from capital and related financing activities: System development charges Cash contributions received Special assessment collections Receipts from insurance reimbursements Proceeds from disposal of capital assets Proceeds from capital grants Proceeds from state revolving loans Proceeds from commercial paper loans Proceeds from bond issue Payments for capital acquisitions Payments for bond closing costs Principal payments on state revolving loans Principal payments on bonds Principal payments on leases Interest and fiscal agent fees paid Net cash provided by (used for) capital and related financing activities Cash Bows It con investing activities: Interest no investments Change in fair value of investments Net cash provided by investing activities Net Increase (decrease) in cash, cash equivalents and investments County Other Water and Sewer Funds Total $ 89,795,674 $ 47,220,322 $ 137,015,996 4,840 - 4,840 8 8 96,200 288,938 385,138 - 1,890 1,890 (32,473,288) (42,480,933) (74954221) (23 650,745) (21,268,904) (44,919,649) (44,000) (246,991) (290,991) 13A Governmental Activities - Internal Service Funds 58,680,384 5,434,107 608,730 426,473 1,137,406 (694,552) (58,746,072) (2,954716) 33 728,689 (16,485,678) 17,243,011 3,892,160 - 1,875,061 1,875,061 - 47,691 18,053,925 18,101,616 232,500 (1,401.904) (1,649,336) (3,051,240) (1,354.213) 18,279,650 16 925,437 232,500 17,796,105 - 17,796,105 - 48,870 - 48,870 - 920,541 28 820,569 - - 620,052 620.052 - 83,293 6,220 89,513 5,337,526 1,290,507 6,628,033 - 24,506,750 - 24,506,750 54,658 - 54,658 - 73,716,439 - 73,716,439 - (98,327,045) (6,139,441) (104.466,486) (383,598) (328,811) - (328,811) - (4,712,96)) - (4,712,961) - (4,595,000) - (4,595,000) - (18,261) (18,261) (8.324449) (1,492) (8,325.941) 6.075,916 (4,242,387) 1,833 529 (383,598) 5.982.343 397,859 6,380,202 387,942 1,101717 236,516 1,339,233 270,399 2085,060 634,375 7,719,435 658,341 45,535,452 ( 1,814,040) 43,721,412 4,399,403 Cash, cash equivalents and investments, October I, 2006 80,751,293 28,900,897 109,652.190 31,537.176 Cash, cash equivalents and investments, September 30, 2007 $ 126,286,745 S 27,086,857 $ 153,373,602 $ 35,936,579 Current cash, cash equivalents and investments Current cash, cash equivalents and investments - restricted Noncurrent cash, cash equivalents and investments - restricted Cash, cash equivalents and investments, September 30, 2007 $ 53,096,494 $ 26,228,863 $ 79325,357 $ 35,936,579 15,054,869 857,994 15,911863 - 58,135,382 58,135,382 $ 126,286,745 $ 27,086,857 $ 153,373,602 $ 35 936,579 (Continued) 28 COLLIER COUNTY, FLORIDA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS (CONTINUED) 13A , + RECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH PROVIDED BY (USED FOR) OPERATING ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Operating income (loss) Adjustments to reconcile operating income (loss) to net cash provided by (used for) operating activities Depreciation expense Amortization of bond issuance costs Amortization ofutility acquisition adjustment Net changes in assets and liabilities: Trade receivable Due from other funds Due from other governments Deposits Prepaid costs Inventory Accounts payable Wages payable Notes payable Due to other funds Due to other governments Due to individuals Compensated absences Refundable deposits Unearned revenue Self- insurance claims payable Landfill post closure liability Total adjustments Net cash provided by (used for) operating activities Business -type Activities Enterprise Funds County Other Water and Sewer Funds Total Governmental Activities - Intemal Service Funds $ 10,181,124 $ (19,133,606) $ (8,952,482) $ 3,692,117 23,135,487 2,725,129 25,860,616 134,473 60,455 - 60,455 - 535,886 - 535,886 - (1,313,944) (509,852) (1,823,796) (67,067) (53,326) (133,879) (187,205) 20,569 (78,107) (4,772) (82,879) - 9,230 - 9,230 (35,892) (8,290) - (8,290) - 116,559 (48,891) 67,668 (72,751) 767,943 1,020,196 1,788,139 371,552 41,115 119,532 160,647 1,483 65,349 - 65,349 - 1,545 153,483 155,028 (484,325) (3,007) 14,477 11,470 (2,344) - (14,155) (14,155) - 223,735 188,973 412,708 21,345 46,935 41,947 88,882 - - (6,233) (6,233) - - - - 313,000 (898,027) (898,027) 23,547,565 2,647,928 26,195,493 200,043 $ 33,728,689 $ (16,485,678) $ 17,243,011 $ 3,892,160 Non -cash investing, capital and financing activities: The enterprise funds experienced a non -cash investing gain due to a change in the fair value of investments as follows: County Water and Sewer Other funds Total $ 1,102,718 236,516 $ 1,339,234 There were non -cash developer contributions of $7,114,364 in the County Water and Sewer District fund. There were also non -cash contributions of $4,346 in the County Water and Sewer District fund, as assets with a historical cost of $4,814 and accumulated depreciation of $468 were transferred in from other funds. There were non -cash contributions of $1,008 in the other enterprise funds, as assets with a historical cost of $1,553 and accumulated depreciation of $545 were transferred in from other funds. The internal service funds experienced a non -cash investing loss due to a change in the fair value of investments as follows: Internal service funds $ 270,399 The notes to the financial statements are an integral part of this statement. 29 COLLIER COUNTY, FLORIDA STATEMENT OF FIDUCIARY ASSETS AND LIABILITIES AGENCY FUNDS SEPTEMBER 30, 2007 LIABILITIES Due to other governments $ 4,265,784 Due to individuals 1,460,843 Refundable deposits 21,420,242 Due to special assessment holders 4,750,346 Total liabilities $ 31,897,215 The notes to the financial statements are an integral part of this statement. 30 13A Agency Funds ASSETS Cash, cash equivalents and investments $ 31,719,081 Receivables: Interest 68,361 Other 109,773 "Total assets $ 31,897,215 LIABILITIES Due to other governments $ 4,265,784 Due to individuals 1,460,843 Refundable deposits 21,420,242 Due to special assessment holders 4,750,346 Total liabilities $ 31,897,215 The notes to the financial statements are an integral part of this statement. 30 13A COLLIER COUNTY, FLORIDA 13A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 INDEX NOTE PAGE NUMBER 1 Summary of Significant Accounting Policies 32 2 Cash, Cash Equivalents and Investments 41 3 Trade Receivables 44 4 Interfund Payables and Receivables 44 5 Capital Assets 46 6 Long -Term Obligations 47 7 Conduit Debt Obligations 55 8 Defeased Debt 56 9 Pension Plan Obligations 56 10 Transfers 57 11 Net Assets/Fund Balances 58 12 Risk Management 59 13 Other Postemployment Benefits 61 14 Landfill Liability 62 15 Significant Contingencies 62 16 Significant Commitments 63 17 Restatement 63 18 Fund Deficits 64 19 Subsequent Events 65 31 COLLIER COUNTY, FLORIDA 13A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES THE REPORTING ENTITY The primary government consists of Collier County, a political subdivision of the State of Florida that was established in 1923 by the Florida State Legislature. The County is governed by a Board of County Commissioners which consists of five members elected within single member districts. In addition, there are five separately elected Constitutional Officers: the Tax Collector, Property Appraiser, Sheriff, Clerk of the Circuit Court and Supervisor of Elections. The Constitutional Officers are elected county wide. Under the direction of the Clerk of the Circuit Court, the Collier County Finance and Accounting Department maintains the accounting system for the operations of the Board of County Commissioners, Supervisor of Elections and the Clerk of the Circuit Court. The Tax Collector, Property Appraiser and Sheriff each maintain their own accounting systems. For financial reporting purposes the operations of the Board of County Commissioners and the Constitutional Officers are combined and presented as the primary government. Component units are legally separate agencies that the primary government is financially accountable for or organizations which should be included in the reporting entity because of the nature and significance of their relationship with the primary government. Financial accountability is determined by the primary government's ability to appoint the voting majority of the entity's board, impose its will on the organization, and the existence of a financial benefit/burden relationship or fiscal dependency. The County's blended component units consist of organizations whose respective governing Boards are composed entirely of the Board of County Commissioners serving ex- officio. These entities are legally separate, however financial support has been pledged and financial or operational policies may be significantly influenced by the County. In accordance with Governmental Accounting Standards Board (GASB) Statement No. 14, The Financial Reporting Entity, as amended by GASB Statement No. 39, Determining Whether Certain Organizations are Component Units, these organizations are reported as if they were part of the County's operations. Collier Countv Water and Sewer District The District was established by Chapter 88 -499, as amended by Chapter 03 -353, Laws of Florida, to provide water, sewer and effluent services to portions of the unincorporated area of Collier County. Goodland Water District The District was established by a Special Referendum Election authorized by Collier County Ordinance 75 -5 and Section 125.01(q), Florida Statutes. The District provides potable water service to the residents of Goodland. Collier County Community Redevelopment Amy (CRA) The CRA was established by Resolution 2000 -82 to benefit blighted areas in both the Immokalee Redevelopment and Bayshore /Gateway Triangle Redevelopment areas. These two redevelopment areas are geographically separate and distinct. The County's discretely presented component units consist of organizations whose board members are appointed by the Board of County Commissioners. The County is able to impose its will on these entities because of its ability to remove appointed members from the component units' Boards. The Authorities maintain their own financial records, but do not issue separate financial statements. GASB Statement No. 14, The Financial Reporting Entity, as amended by GASB 39, requires that the financial data of the following organizations be reported in separate columns to emphasize that they are legally separate from the County. 32 COLLIER COUNTY, FLORIDA NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 1 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED THE REPORTING ENTITY — CONTINUED Collier County Housing Finance Authority The Authority was formed in 1980 by Collier County Ordinance 80 -66 for the purpose of stimulating the construction of residential housing for low and moderate income families through the use of public financing. Their financial position and results of operations are reported in the accompanying financial statements and the outstanding conduit debt issued by the Authority is disclosed in Note 7, "Conduit Debt Obligations ". Collier County Health Facilities Authority The Authority was established in 1979 by Collier County Ordinance 79 -75 for the purpose of assisting health facilities in the acquisition, construction and financing of projects within the County. Their financial position and results of operations are reported in the accompanying financial statements and the outstanding conduit debt issued by the Authority is disclosed in Note 7, "Conduit Debt Obligations ". Collier County Industrial Development Authority The Authority was created in 1978 by Collier County Resolution 78 -94 to facilitate the financing of projects that promote economic growth and increase opportunities for employment in the County. Their financial position and results of operations are reported in the accompanying financial statements and the outstanding conduit debt issued by the Authority is disclosed in Note 7, "Conduit Debt Obligations ". Collier CounttvEducational Facilities Authority The Authority was created in 1999 by Collier County Resolution 99 -177 to assist institutions for higher education in the construction, financing and refinancing of projects. Their financial position and results of operations are reported in the accompanying financial statements and the outstanding conduit debt issued by the Authority is disclosed in Note 7, "Conduit Debt Obligations ". 13A Financial information on the individual component units can be obtained from their respective administrative offices or from the Finance and Accounting Department of the Clerk of the Circuit Court. Administrative Offices: Collier County Water and Sewer District and Goodland Water District 3301 East Tamiami Trail Naples, Florida 34112 Bayshore Gateway Community Redevelopment Agency 2740 Bayshore Drive, Unit 17 Naples, Florida 34112 Immokalee Community Redevelopment Agency 3301 East Tamiami Trail Naples, Florida 34112 Collier County Health Facilities Authority and I ousing Finance Authority 5811 Pelican Boulevard, Suite 210 Naples, Florida 34108 Collier County Industrial Development Authority and Educational Facilities Authority 3050 N. Horseshoe Drive, Suite 120 Naples, Florida 34104 33 COLLIER COUNTY, FLORIDA 1 3 A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES — CONTINUED GOVERNMENT WIDE AND FUND FINANCIAL STATEMENTS The basic financial statements are made up of the government wide financial statements and fund financial statements. Both of these sets of financial statements distinguish between the governmental and business type activities of Collier County. The government wide financial statements consist of a Statement of Net Assets and a Statement of Activities. These statements report on the financial condition of Collier County, at the reporting entity level. Internal balances represent net amounts due between the governmental and business -type activities. As a general rule, the effect of interfund activity has been eliminated from the government wide financial statements. Fiduciary funds are not included in these presentations as their assets do not represent amounts that are available for Collier County government operations. The Statement of Net Assets reports all financial and capital resources of Collier County's governmental and business -type activities. Net assets equal assets minus liabilities, and is shown in three categories: invested in capital assets, net of related debt; restricted net assets and unrestricted net assets. The Statement of Activities reports results of operations on a functional activity (program) basis and demonstrates to what degree the particular program has been self - supporting. Program revenues are reported in the following three categories: charges for services, operating grants and contributions and capital grants and contributions. Charges for services are amounts charged to customers for a particular service, and are netted against the cost of the relevant program. Internal charges for indirect services are allocated across functions as direct expenses. Grants and contributions refer to revenues restricted for capital or operational use in a particular program. The general revenue category encompasses all other revenue types and represents revenue collected to support all functions of Collier County government. When both restricted and unrestricted resources are available, restricted resources will be used first for incurred expenditures, and unrestricted as needed. The fund financial statements follow the government wide statements and report more detailed information about operations of major funds on an individual basis and noma ajor funds on an aggregate basis for the governmental and proprietary funds. Following the governmental fund balance sheet and statement of revenues, expenditures and changes in fund balances is a reconciliation explaining the differences between the governmental fund presentation and the government wide presentation. BASIS OF PRESENTATION The following are reported as major governmental funds: General Fund — the General fund is the general operating fund of the County. All general tax revenues and other receipts that are not accounted for in other funds are accounted for in the general fund. The general operating funds of the Clerk of the Circuit Coma, Property Appraiser, Sheriff, Supervisor of Elections and Tax Collector represent sub funds of the County's general fund that are held and accounted for individually, but are presented together with the Board of County Commissioners' general fund. Road Impact Districts Fund — the Road Impact Districts Capital Project fund is used to account for the receipt and expenditure of road impact fees collected from qualifying new construction. The impact fees must be used for the acquisition and construction of transportation related facilities by district. Road Construction Fund — the Road Construction Capital Project fund is used to account for the receipt and expenditure of gas taxes and bond proceeds. Projects include, but are not limited to, right -of -way acquisition, design and construction of various transportation improvements. 34 COLLIER COUNTY, FLORIDA 13 A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES — CONTINUED BASIS OF PRESENTATION — CONTINUED Community Redevelopment Fund — the Community Redevelopment Fund is used to account for the receipt and expenditure of tax increment revenues relating to the Bayshore /Gateway Triangle and Immokalee Community Redevelopment Authorities. The following is reported as a major enterprise fund: County Water and Sewer Fund — the County Water and Sewer fund is used to account for the provision of water, wastewater and effluent services to certain portions of the County's unincorporated area. Collier County also maintains the following nonmajor fund types: Special Revenue Funds — Special revenue funds are used to account for the accumulation of resources set aside for a specific purpose. Debt Service Funds — Debt service funds are used to account for the accumulation of resources for the payment of principal, interest and other expenditures on long -term obligations, other than bonds and notes payable from the operations of business -type activities. Capital Project Funds — Capital project funds are used to account for the acquisition and construction of major capital facilities other than those financed by proprietary funds. Enterprise Funds — Enterprise funds are used to account for activities for which a fee is charged to external users for goods or services. Internal Service Funds — Internal service funds are used to account for the provision of goods and services by one department to another department within the County or to other governmental units on a cost reimbursement basis. Agency Funds — Agency funds are custodial in nature and do not report the results of operations (assets equal liabilities). Agency funds are clearing accounts for assets held by the government as an agent for individuals, private organizations or other governments. The Board of County Commissioners, Sheriff, Clerk of the Circuit Court and Tax Collector all maintain agency funds. BASIS OF ACCOUNTING AND MEASUREMENT FOCUS Basis of accounting refers to when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measurements made regardless of the measurement focus applied. The government wide financial statements, as well as the fund financial statements for the proprietary funds, are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recognized in the period in which they are earned and expenses are recognized in the period incurred. Grant revenues are recognized when eligibility requirements are met. The intent in proprietary operations is that the costs of providing goods or services to the general public be financed primarily through user charges, or where periodic determination of revenues earned, expenses incurred, and /or net income is deemed appropriate. Proprietary funds distinguish operating revenues and expenses from non- operating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. Operating expenses for enterprise funds and internal service funds include the cost of sales and services, administrative expenses and depreciation on capital assets. 35 COLLIER COUNTY, FLORIDA NOTES TO THE FINANCIAL STATEMENTS 1 Z SEPTEMBER 30, 2007 1 J NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES — CONTINUED BASIS OF ACCOUNTING AND MEASUREMENT FOCUS — CONTINUED All revenues and expenses not meeting this definition are reported as non - operating revenues and expenses. All governmental fund financial statements are reported using a current financial resources measurement focus and the modified accrual basis of accounting. Under the modified accrual basis of accounting, revenues are recognized in the period in which they become both measurable and available to finance expenditures of the current period. Available means collectible within the current period or soon enough thereafter, generally 60 days, to be used to pay liabilities of the current period. Primary revenues including non -grant intergovernmental revenues, charges for services and interest are treated as susceptible to accrual under the modified accrual basis. In applying the susceptibility-to- accrual concept to grant revenues, the legal and contractual requirements of the numerous individual programs are used as guidance. In addition, grant revenues are considered available if they are expected to be collected within one year of the end of the current fiscal period. Property taxes are discussed later in this footnote. Other revenue sources are not considered measurable and available and are not treated as susceptible to accrual. Expenditures are recorded when the related fund liability is incurred. Exceptions to this general rule include accrued compensated absences and principal and interest on long -term debt. BUDGETS AND BUDGETARY DATA The following are the statutory procedures followed by the Board of County Commissioners in establishing the budgets for the County: I) Within fifteen days after certification of the ad valorem tax roll by the Property Appraiser, the County budget officer prepares and presents to the Board a tentative budget for the ensuing fiscal year. The budget includes all estimated receipts and all estimated expenditures, reserves and balances to be carried forward at the end of the year as specified in Section 129.03, Florida Statutes. 2) Within eighty days of the certification of value, but not earlier than sixty-five days after certification, the Board holds a public hearing on the tentative budget and proposed millage rate. At this hearing the Board amends and adopts the tentative budget, recomputes the proposed millage rate, and announces publicly the percentage, if any, by which the recomputed proposed millage rate exceeds the rolled -back rate. If the millage rate tentatively adopted exceeds that proposed, each taxpayer within the jurisdiction is notified of the increase by first class mail, at the expense of the Board. 3) Within fifteen days of the meeting adopting the tentative budget, the Board advertises the County's intent to adopt a final budget and millage rate. 4) A public hearing is held by the Board to finalize the budget and adopt a millage rate. This hearing is held not less than two days and not more than five days after the day that the advertisement is first published. Prior to September 30, the millage levy is adopted by a separate vote. In no event is the millage rate adopted allowed to exceed the tentatively adopted millage rate. This is followed by the approval and ratification of the final budget. 5) The resolution approved at the final hearing is forwarded to the Property Appraiser, Tax Collector and Florida Department of Revenue, not later than thirty days following the adoption of the Resolution, the Board certifies to the State of Florida, Department of Revenue, Division of Ad Valorem Tax, that it has complied with the provisions of Chapter 200, Florida Statutes. 36 COLLIER COUNTY, FLORIDA NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES — CONTINUED BUDGETS AND BUDGETARY DATA — CONTINUED 6) The County Manager approves intradepartmental budget changes less than $50,000 that do not alter the total expenditures of the department. All other budgetary changes must be approved by the Board of County Commissioners as a matter of policy. The initial adopted budget was amended in accordance with the Florida Statutes. 7) Florida Statute Section 129.07, as amended in 1978, provides that expenditures in excess of total fund budgets are unlawful. However, because the Board approves all budgetary changes between departments, except those approved by the County Manager, the departmental budget becomes the level of control. Formal budgetary integration is employed as a management control device during the fiscal year for all funds. Budgets have been legally adopted by the Board for all Board funds except for agency funds and the Impact Fees Escrow special revenue fund. The Property Appraiser and the Tax Collector adopt budgets for their general funds independently of the Board. The Clerk of Courts is a fee officer, and as such, prepares his budget in accordance with Section 218.35, Florida Statutes. The Sheriff and Supervisor of Elections prepare budgets for their general funds, which are submitted to and approved by the Board. The Clerk of Court's budget for court related functions is prepared according to Section 28.36 Florida Statutes and submitted to the Clerks of Court Operations Corporation for approval by the Florida Department of Revenue. Budgets are adopted for all governmental funds except as described in the previous paragraph. These budgets are adopted on a basis consistent with generally accepted accounting principles (GAAP) except for certain non - budgeted revenues and expenses and mark to market activity on investments. All unencumbered appropriations lapse at the end of the current year. Capital project costs are budgeted in the year they are anticipated to be obligated. In subsequent years, the unused budget is reappropriated until the project is completed. Proprietary funds are budgeted on a basis consistent with generally accepted accounting principles, except that capital related and debt transactions are based upon cash receipts and disbursements. Estimated beginning fund balances are considered in the budgetary process. For purposes of the budgetary presentation, certain transactions that have been accounted for in the governmental funds statements of revenues, expenditures and changes in fund balances have not been reflected in the budgetary financial statements. Specifically, bad debt expense and the net change in fair value of investments are not presented in the budget to actual statements. CASH, CASH EQUIVALENTS AND INVESTMENTS The County maintains a cash and investment pool for all funds. The Clerk of the Circuit Court administers the investment pool pursuant to Florida Statute 28.33. Interest is primarily allocated to the general fund of the Clerk of the Circuit Court, which is included in the comprehensive general fund in the accompanying financial statements. Some funds are specifically required to receive interest, and that interest is allocated to those funds based on the individual fund's average daily balance in the pool. See litigation Note 15. Pursuant to the provisions of GASB Statement 31, Accounting and Financial Reporting for Certain Investments and for External Investment Pools, all investments are stated at fair value. Cash equivalents are short-term investments with maturities of three months or less from the date purchased. 37 COLLIER COUNTY, FLORIDA 13A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES — CONTINUED ACCOUNTS RECEIVABLE — UNBILLED REVENUE Unbilled charges for services are accrued in the County Water and Sewer and Goodland Water funds by prorating subsequent bills. INVENTORIES AND PREPAID COSTS Inventory is valued at cost using the first -in, first -out method. Inventory in the governmental funds consists of supplies held for consumption. The cost is recorded as an expenditure at the time inventory items are consumed rather than when purchased. Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items. Inventories and prepaid costs reported within governmental funds are offset by a reserve, which indicates that they do not constitute available resources. Inventories and prepaid costs in the government wide and proprietary fund financial statements are reported as an expense when consumed. CAPITAL ASSETS Land, buildings, improvements and equipment are stated at cost. Capital contributions are recorded at their fair value on the date donated. Facilities constructed using system development impact fees, collected from developers and customers, are stated at cost. The County capitalizes expenditures with a cost of $1,000 or more and with a useful life in excess of one year. Expenditures for maintenance and repairs are charged to operating expenses. The cost of assets retired or sold, together with the related accumulated depreciation, is removed from the accounts and any gain or loss on disposition is credited or charged to earnings. Depreciation is calculated using the straight -line method. The estimated useful life of the various classes of depreciable capital assets is as follows: Fixed Asset Estimated Useful Life Buildings 20 -45 years Infrastructure 3 -30 years Improvements other than buildings 4 -45 years Machinery and equipment 3 -10 years For constructed assets including buildings, infrastructure and improvements other than buildings a half year convention is used in placing these assets into service. Costs incurred in the renourishment of beaches are included in the infrastructure class of capital assets and are capitalized and depreciated over three years. Infrastructure acquired prior to fiscal years ended after June 30, 1980 is not reported. CAPITAL LEASE OBLIGATIONS In the government wide financial statements and proprietary fund financial statements capital lease obligations and the related cost of assets acquired are reflected in the Statement of Net Assets. For capital lease obligations originating in governmental funds, an expenditure for the asset and the offsetting amount of the financing source is reflected in the fund financial statements. 38 COLLIER COUNTY, FLORIDA 13A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES — CONTINUED BOND PREMIUMS, DISCOUNTS AND ISSUANCE COSTS Bond premiums, discounts and issuance costs for the governmental activities and the business -type activities are deferred and amortized over the term of the bonds using the straight -line method. Bond discounts are presented as a reduction of the face amount of bonds payable, premiums as an increase, while issuance costs are recorded as deferred charges, which are shown on the face of the Statement of Net Assets as a component of noncurrent assets. In the governmental fund financials, bond premiums, discounts and issuance costs are recognized in the current period. DEFEASANCE OF DEBT For refundings resulting in the defeasance of debt, generally accepted accounting principles require that the difference between the reacquisition price and the net carrying amount of the old debt be deferred and amortized over the shorter of the life of the new debt or the remaining life of the old debt as a component of interest expense. The straight -line method is used for amortization of the deferred charge. INTEREST COST In the proprietary funds interest costs are capitalized in accordance with the provisions of Financial Accounting Standards Board (FASB) Statement No. 34, Capitalization of Interest Cost, and FASB Statement No. 62, Capitalization of Interest Cost in Situations Involving Certain Tax - Exempt Borrowings and Certain Gifts and Grants, when applicable. PROPERTY TAXES Property taxes become due and payable on November 1 st of each year and become delinquent on April I st of the following year. Property taxes receivable and a corresponding allowance for uncollectible property taxes are not included in the financial statements, as delinquent taxes as of September 30, 2007 are not significant. Discounts on property taxes are allowed for payments made prior to the April 1st delinquent date as follows: November - 4 %, December - 3 %, January - 2 %, and February - 1 %. Tax certificates for the full amount of any unpaid taxes must be sold not later than June 1 st of each year. No accrual for the property tax levy becoming due in November 2007 is included in the accompanying financial statements, since such taxes are collected to finance expenditures of the subsequent period. Key dates in the property tax cycle for the fiscal year ended September 30, 2007 are as follows: Property Tax Cycle Assessment roll compiled Assessment roll certified Millage resolution approved Beginning of fiscal year for tax levy Taxes due and payable (levy date) Due date Delinquent (lien date) Tax certificates sold Date January 1, 2006 July 1, 2006 No later than 95 days following certification of assessment October 1, 2006 November I, 2006 March 31. 2007 April 1, 2007 Prior to June 1, 2007 39 COLLIER COUNTY, FLORIDA i n 1 4 NOTES TO THE FINANCIAL STATEMENTS •L A SEPTEMBER 30, 2007 NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES — CONTINUED APPLICATION OF FASB PRONOUNCEMENTS TO PROPRIETARY FUNDS In accordance with GASB Statement No. 20, Accounting and Financial Reporting for Proprietary Funds and Other Governmental Entities That Use Proprietary Fund Accounting, the County has elected not to apply those FASB Statements and Interpretations issued after November 30, 1989. ACCOUNTING ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results may differ from those estimated. IMPLEMENTATION OF GASB STATEMENTS Governmental Accounting Standards Board (GASB) Statement No. 43 Financial Reporting for Postemployment Benefit Plans other then Pension Plans establishes financial reporting standards for other Post Employment Benefits (OPEB) plans of state and local governments, effective for periods beginning after December 15, 2005 for GASB 34 phase 1 governments. Currently, the County is not required to implement this standard as it does not administer any OPEB plan as a qualifying trust, nor does it include on OPEB plan as a fund in these financial statements. GASB Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions becomes effective for periods beginning after December 15, 2006 for GASB 34 phase 1 governments, including Collier. This new guideline is required for governmental employers who provide Other Post Employment Benefits for which the employer pays all or a part of the cost of the benefits. This statement will improve financial reporting and disclosure by matching the cost of post employment health benefits with the periods when the related services are received by the employer, by providing information about accrued actuarial liabilities and their funded status for benefits related to past services and by providing information about demands on future cash flows. In preparation for the fiscal year 2008 implementation of the new standard, the County has engaged an actuary to prepare a preliminary actuarial valuation. ACCRUED COMPENSATED ABSENCES The County follows the provisions of GASB Statement No. 16, Accounting for Compensated Absences. This statement provides for the measurement of accrued vacation leave and other compensated absences using the pay or salary rates in effect at the balance sheet date. It also requires additional amounts to be accrued for certain salary related payments associated with the payment of compensated absences. It is the Board of County Commissioners' policy to allow employees of record on August 2, 1996 a sick leave payment upon termination for any service period earned prior to August 2, 1996 and 100% of allowable vacation hours at the current rata of pay. The Sheriffs policy allows for a percentage of unused sick leave payout based upon years of service, not to exceed 1,000 hours, and up to 400 hours of unused vacation time. Both the Clerk of the Circuit Court's and Tax Collector's policy's allow for a percentage of unused sick leave payout based upon years of service, and up to 240 hours of unused vacation hours. The Property Appraiser's policy allows for a percentage of unused sick leave payout based upon years of service, not to exceed 1,040 hours, and up to 240 hours of unused vacation hours. The Supervisor of Election's policy allows for a percentage of unused sick leave payout based upon years of service, and up to 440 hours of unused vacation. 40 COLLIER COUNTY, FLORIDA 13A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES — CONTINUED ACCRUED COMPENSATED ABSENCES - CONTINUED Payments for compensated absences are made by the respective fund. Accrued compensated absences are recorded as liabilities in the government -wide financial statements and the proprietary fund financials. A liability is reported in governmental funds only if they have matured, for example, as a result of employee resignations or retirements, and are considered due and payable as of year end. NOTE 2 — CASH, CASH EQUIVALENTS AND INVESTMENTS As of September 30, 2007, the County had the following cash, cash equivalents and investments: Investment Maturities Fair Value Call Date Call Frequency Rating Cash on hand N/A $ 69,479 N/A Demand deposits N/A 177,187,127 N/A State Board of Administration Pool 34 days 1,784,814 AAAm Federal Home Loan Bank 11/6/2007 24,976,500 one time AAA Federal National Mortgage Assoc. 12/14/2009 25,039,000 12/14/2007 continuous AAA Federal Home Loan Bank 4/5/2010 26,108,803 9/30/2007 continuous AAA Federal Home Loan Bank 4/19/2010 12,699,105 9/30/2007 continuous AAA Federal Farm Credit Bank 4/20/2010 9,665,775 9/30/2007 continuous AAA Federal Home Loan Bank 6/29/2010 13,958,733 9/30/2007 continuous AAA Federal dome Loan Bank 8/11/2010 35,022,050 8/11/2008 continuous AAA Federal Home Loan Bank 8/11/2010 9,971,900 8/11/2008 continuous AAA Federal National Mortgage Assoc. 8/13/2010 40,000,000 9/30/2007 continuous AAA Federal National Mortgage Assoc. 8/16/2010 24,992,250 22nd Day Feb, May, Aug, Nov AAA Federal Home Loan Bank 8/17/2010 15,540,719 9/30/2007 continuous AAA Federal Home Loan Bank 11/8/2010 25,007,750 11/08/2007 continuous AAA Federal Home Loan Mortgage Corp. 12/20/2011 50,264,000 6/20/2008 one time AAA Federal Home Loan Mortgage Corp. 12/20/2011 50,252,000 6/20/2008 one time AAA Federal Home Loan Mortgage Corp. 2/2/2012 25,279,000 2/2/2009 one time AAA Federal Home Loan Mortgage Corp. 5/1/2012 50,261,000 5/1/2008 one time AAA Federal Home Loan Bank 8/15/2012 24,976,500 8/15/2008 continuous AAA Federal National Mortgage Assoc. 8/22/2012 24,937,500 2/22/2008 Quarterly AAA Federal Home Loan Bank 8/24/2012 14,482,372 9/30/2007 continuous AAA Federal Home Loan Bank 8/24/2012 24,007,412 9/30/2007 continuous AAA Federal Home Loan Mortgage Corp. 8/24/2012 25,001,250 9/30/2007 continuous AAA Federal Farm Credit Bank 8/26/2012 24,937,500 8/28/2008 one time AAA Federal Ftome Loan Mortgage Corp. 4/24/2014 12,058,705 4/24/2009 continuous AAA Federal I tome Loan Mortgage Corp. 4/24/2014 50,227,000 4/24/2009 continuous AAA Federal Home Loan Bank 5/21/2014 25,093,750 11/21/2008 continuous AAA Federal Ilome Loan Mortgage Corp. 5/21/2014 25,116,750 11/21/2008 continuous AAA Federal Hone Loan Bank 6/12/2014 24,326,058 6/12/2009 continuous AAA $ 893,244,802 The County maintains a cash and investment pool that is available for use by all funds. Each fund's portion of this pool is displayed on the balance sheet under the heading of Cash, Cash Equivalents and Investments. Investment income is allocated monthly to participating funds, as mentioned above, based on the percentage of each fund's average daily balance in the total pool. 41 COLLIER COUNTY, FLORIDA 13A tA NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 2 — CASH CASH EQUIVALENTS AND INVESTMENTS - CONTINUED CREDIT RISK Credit risk is the risk that an issuer or other counterparty to an investment will not fulfill its obligations. The County's investment practices are governed by Florida Statutes, Chapter 218 and the County's Investment Policy. The County's Investment Policy limits credit risk by restricting authorized investments to the following: The Florida Local Government Surplus 'Trust Fund (SBA); Direct obligations of, or obligations backed by the full faith and credit of the United States Government; U.S. government sponsored Corporation/Instrumentalities (except for Student Loan Marketing Association); Certificate of Deposits collateralized by U.S Government Securities or Agencies; fixed income mutual funds collateralized by U.S. Government Securities or Agencies; domestic bankers' acceptances rated "AA" or higher; prime commercial paper rated "A -1" and "P -I "; tax- exempt obligations rated "AA" or higher and issued by state or local governments; NOW accounts fully collateralized in accordance with Chapter 280, Florida Statutes and qualifying repurchase agreements. The policy requires that each firm involved in a repurchase agreement must execute the County's master repurchase agreement, a third party custodian must hold collateral for all repurchase agreements with a term of more than one day and the market value of the collateral shall maintain a minimum price of 101 percent on U.S. Government securities and 104 percent on Agencies and Instrumentalities with a term over five (5) years, and must be marked to market at least weekly. The SBA is an investment pool administered by the State Board of Administration, under the regulatory oversight of the State of Florida. The SBA is not rated by a nationally recognized statistical rating agency. The Local Government Surplus Funds Trust Fund met the Governmental Accounting Standards Board's definition of a "2a -7 like" pool as of September 30, 2007. The SBA investment book balance is equal to the share value of the pool, valued at amortized cost, which constitutes fair value at September 30, 2007. For additional information regarding the Local Government Surplus Funds "Crust Fund see Note 19, "Subsequent Events ". CUSTODIAL CREDIT RISK All cash deposits are held in qualified public depositories pursuant to Florida Statutes Chapter 280, "Florida Security for Public Deposits Act ". Under the Act, all qualified public depositories are required to pledge eligible collateral having a market value equal to or greater than the average daily or monthly balance of all public deposits, multiplied by the depository's collateral pledging level. The pledging level may range from 50% to 125% depending upon the depository's financial condition. Any losses to public deposits are covered by applicable deposit insurance, sale of securities pledged as collateral, and if necessary, assessments against other qualified public depositories of the same type as the depository in default. The policy requires execution of a third -party custodial safekeeping agreement for purchased securities and collateral, and requires that securities be held in the County's name. At September 30, 2007 the County had demand deposits of $177,187,127. These demand deposits do not include discretely presented component unit deposits of $498,899. These deposits were fully covered by federal depository insurance or by collateral, in the County's name as required by Sections 280.07 and 280.08 of the Florida Statutes. 42 COLLIER COUNTY, FLORIDA NOTES TO THE FINANCIAL STATEMENTS 13A SEPTEMBER 30, 2007 NOTE 2 — CASH, CASH EQUIVALENTS AND INVESTMENTS — CONTINUED INTEREST RATE RISK Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. One of the primary objectives of the investment policy is to match investment cash flow and maturity with known cash needs and anticipated cash flow requirements. The County limits exposure to interest rate risk by structuring the portfolio to meet daily cash flow demands. Investments shall have an average maturity of not more than five years, except for the Florida Local Government Surplus Trust Fund (SBA), which has no stated final maturity, and mortgage securities. Mortgage securities will not be used to match liabilities that are reasonably definable as to amount and disbursement date and are used to invest funds associated with reserves or liabilities that are not associated with a specifically identified cash flow schedule. CONCENTRATION OF CREDIT RISK The County's investment policy establishes limitations on portfolio composition in order to control credit risk. The policy allows 100 percent of the portfolio to be invested in U.S. Government Securities, Agencies and Instrumentalities (excluding mortgage securities), 50 percent to be invested in SBA, 30 percent to be invested in Certificates of Deposit, 20 percent to be invested in qualifying repurchase agreements and 10 percent each in the categories of fixed income mutual funds, domestic bankers' acceptances, prime commercial paper and tax- exempt obligations. The portion of the County's portfolio invested in U.S. Government Instrumentalities is detailed as follows, at September 30, 2007: Percent of Issuer Portfolio Federal Farm Credit Bank 4.8% Federal Home Loan Mortgage Corporation 40.4% Federal Home Loan Bank 38.7% Federal National Mortgage Association 16.1% Total U.S. Government Instrumentalities 100.0% Reconciliation of cash, cash equivalents and investments to the basic financial statements: Primary government: Cash, cash equivalents and investments $ 429,351,435 Restricted cash, cash equivalents and investments - current 65,209,985 Restricted cash, cash equivalents and investments - noncurrent 366,964,301 Agency funds: Cash, cash equivalents and investments 31,719,081 Total $ 893,244,802 43 COLLIER COUNTY, FLORIDA NOTES TO THE FINANCIAL STATEMENTS 13A SEPTEMBER 30, 2007 NOTE 3 - TRADE RECEIVABLES Trade receivables for governmental and business -type activities are net of an allowance for doubtful accounts as follows: General Fund Road Impact Districts Road Construction Nonmajor governmental funds Total receivables reported in governmental funds Total receivables reported in internal service funds Developer contributions receivable Total Governmental Activities trade receivables County Water and Sewer Nonmajor enterprise funds Total Business -type Activities trade receivables Trade Receivables $ 938,446 25,027 579,549 1,481,261 3,024,283 105,951 Allowance for Doubtful Accounts 25,939 Net Trade Receivables 912,507 25,027 579,549 60,895 1,420,366 86,834 2,937,449 9,867 96,084 15,581,910 - 15,581,910 $ 18,712,144 96,701 18,615,443 4,677,434 331,232 4,346,202 22,455,849 17,774,715 4,681,134 $ 27,133,283 18,105,947 9,027,336 NOTE 4 - INTERFUND PAYABLES AND RECEIVABLES Advances to and advances from other funds at September 30, 2007 were as follows: Governmental Activities: General Fund Advances were made from the General Fund to the Tourist Development Fund and the EMS, Library and Law Enforcement impact fee funds for capital improvements. Reimbursement will take place over the next several years. Total General Fund Other governmental funds: Other Capital Projects Funds Advance To Advance From $ 3,479,665 3,479,665 Advances were made from the Other Capital Projects Fund to the Improvement Districts Fund for purposes of capital improvement. Reimbursement of $200,000 will occur in fiscal year 2008. 200,000 Advances were made from the County -Wide Capital Improvements Fund to EMS. Law Enforcement and General Governmental Facilities impact fee funds for purposes of capital improvement. Reimbursement will take place over the next several years. Tourist Development Fund Emergency Medical Services Impact Fees Fund County -Wide Library Impact Fees Fund Law Enforcement Impact Fees Fund Government Facilities Impact Fees Fund Improvement Districts Fund Total other governmental funds Total 44 3,426,500 - 165,565 - 344,500 - 1,429,100 - 2,837,600 - 2,129,400 - 200,000 3,626,500 7,106,165 $ 7,106,165 7,106,165 COLLIER COUNTY, FLORIDA NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 4 - INTERFUND PAYABLES AND RECEIVABLES - CONTINUED Due from and due to other funds at September 30, 2007 were as follows: 13A Interfund receivables and payables generally result from recording the excess fees associated with Tax Collector services, as excess fees are allocated from the General Fund back to the funds that paid for the collection services. Excess fees are calculated after year end, and as such are interfund receivables and payables. The State Court of Administration fund also allocates unused funds back to the General Fund at year end. Other outstanding balances are the result of time delays between the provision and payment of interfund services and to cover temporary cash deficits. 45 Due From Due To Governmental Activities: General Fund $ 1,730,351 2,650,530 Road Impact Fee - 772,162 Road Construction 774,309 255 Other Governmental Funds: Road Districts - 215 Unincorporated Area MSTD 475,738 23,368 Community Development - 26,690 Water Management and Pollution Control 57,521 835 Grants and Shared Revenues 10,322 1,322,620 Improvement Districts 96,948 18,159 Fire Control Districts 41,555 - Lighting Districts 6,753 - 911 Enhancement Fee - 47,477 Public Records Modernization - 358,000 Tourist Development 876,648 89,257 State Housing Initiative Partnership - 61 State Court Administration 235,263 - Conservation Collier 209,427 15 Court Information Technology 358,000 - Court Services - 817 Other Special Revenue Funds 36,635 460,472 Pooled Commercial Paper Program Loan 28,766 - Caribbean Gardens Loan 210,858 - Stormwater Improvement Assessment Bonds 1,153 6,000 County-Wide Capital Improvements - 2,373 County-Wide Library Impact Fees - 68 Parks Improvements 43,452 4,011 Water Management 6,834 30 Other Capital Projects 1,062 5,002 Total other governmental funds 2,696,935 2,365,470 Business -type Activities: County Water and Sewer 60,153 1,545 Other Business -type funds: Solid Waste Disposal 50,623 40,161 Emergency Medical Services 9,920 16 Goodland Water 692 - Collier Area Transit 15,400 3,012 Total other business -type funds 76,635 43,189 Internal Service Funds 510,443 15,675 Total All Funds $ 5,848,826 5,848,826 13A Interfund receivables and payables generally result from recording the excess fees associated with Tax Collector services, as excess fees are allocated from the General Fund back to the funds that paid for the collection services. Excess fees are calculated after year end, and as such are interfund receivables and payables. The State Court of Administration fund also allocates unused funds back to the General Fund at year end. Other outstanding balances are the result of time delays between the provision and payment of interfund services and to cover temporary cash deficits. 45 COLLIER COUNTY, FLORIDA NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 5 — CAPITAL ASSETS A summary of capital asset activity for the year ended September 30, 2007 is as follows: Governmental Activities: Capital assets not depreciated: Land and other non - depreciable assets Construction in progress Total capital assets not depreciated Capital assets depreciated: Buildings Infrastructure Improvements other than buildings Machinery and equipment Total capital assets depreciated Less accumulated depreciation: 13A t October I, 2006, September 30, as restated Additions Deductions Reclassifications 2007 $ 239,975,530 43,631,976 212,750 3350,131 286,744,887 260,621.931 203,392,014 223,048 (154,601,530) 309,189,367 500.597,461 247,023,990 435,798 ( 15 1,25 1,399) 595,934,254 207,903,837 3,564,441 759,204 45,210,496 255,919,570 390,438.165 30.625,699 2,214 77,052,783 498,114,433 129,560,8 10 1,892.628 - 26,716,055 158,169,493 132,802,668 22,672.692 8,129,918 2,583,765 149,929,207 860,705,480 58,755 -460 8,891,336 151,563,099 1,062.132,703 Buildings 54,637,507 8,055,971 324,238 - 62,369,240 Infrastructure 123,271,653 20,753,630 12 - 144,025,271 Improvements other than buildings 36,382310 4,591,443 - 20,440 40,994,193 Machinery and equipment 87,900,318 17,048.614 7,362,504 291,260 97,877,688 Total accumulated depreciation 302,191,788 50,449,658 7,686,754 311,700 345,266,392 I otal depreciable capital assets, net Total governmental activities capital assets, net Business -type Activities: Capital assets not depreciated: Land and other non- depreciable assets Construction in progress Total capital assets not depreciated Capital assets depreciated: Buildings Improvements other than buildings Machinery and equipment Total capital assets depreciated Less accumulated depreciation: Buildings Improvements other than buildings Machinery and equipment Total accumulated depreciation "total depreciable capital assets, net Total business -type activities capital assets, net 558,513.692 8.305,802 1,204,582 151,251399 716.866,3 11 $ 1,059,111,153 255,329,792 1,640,380 - 1,312,800,565 $ 17,200,461 349,236 4,018 423,467 17,969,146 158,900.271 103,310511 177,706 (47,897,126) 214,135,950 176,100,732 103,659.747 181,724 (47,473,659) 232,105,096 120.832,950 11,642 40,373 2,775,759 123,579,978 662 - 627.751 8.548,412 2,725 44,697,900 715,871,338 22,308.542 5,126.095 1,171,106 - 26,263,531 805,769,243 13,686,149 1,214.204 47,473,659 865,714,847 50,038,094 2.966,331 40,373 - 52,964,052 143.2 12,293 19,828,866 928 (11,233) 163,028,998 12.724,025 3,065,419 1,134,168 11,233 14,666,509 205,974,412 25,860,616 1,175,469 - 230,659,559 599,794,831 12,174,467 38,735 47,473,659 635,055,288 $ 775,895.563 91,485,280 220,459 867,160,384 46 COLLIER COUNTY, FLORIDA NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 5 - CAPITAL ASSETS - CONTINUED Schedule of depreciation for fiscal year 2007: General Government $ 5,415,171 Public Safety 20,815 12,765,040 Physical Environment - 8,531,310 Transportation 1,029 16,041,203 Economic Environment - 897 26,453 Human Services 41,152 711,994 Culture and Recreation 4,927 6,824,014 Subtotal (5,599) 50,315,185 Internal Service Funds $ 557,306 134,473 Total governmental activities $ 50,449,658 $ 185,590 Water and Sewer $ 23,191,816 Solid Waste 405,659 EMS 727,141 Airport Authority 800,662 Mass Transit 735,338 Total business -type activities $ 25,860,616 NOTE 6 - LONG -TERM OBLIGATIONS SUMMARY OF CHANGES IN LONG -TERM OBLIGATIONS I .,', 13A The following is a summary of changes in long -term obligations for the year ended September 30, 2007: Governmental Activities: Bonds and Loans Payable Arbitrage Rebate Capital Lease Obligations Self- Insurance Claims Compensated Absences Total Business -type Activities: Bonds and Loans Payable Notes Payable Arbitrage Rebate Capital Lease Obligations Landfill Closure Liability Compensated Absences Total 000's Omitted Premium or October 1, Discount/Loss September 30, Due within 2006 Additions Reductions Amortized, net 2007 one year $ 528,951 22,390 (40,435) (1,000) 509,906 20,815 25 189 - - 214 33 1,029 - (132) - 897 144 11,258 41,152 (40,839) - 11,571 4,927 16,043 8,919 (5,599) - 19,363 8,187 $ 557,306 72,650 (87,005) (1,000) 541,951 34,106 $ 179,963 137,238 (47,308) 187 270,080 10,149 70 68 - - 138 138 - 1,223 - - 1,223 - - 86 (18) - 68 16 3,863 - (898) - 2,965 - 1,694 2,126 (1,713) - 2,107 2,002 $ 185,590 140,741 (49,937) 187 276,581 12,305 47 COLLIER COUNTY, FLORIDA 13A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 6 - LONG -TERM DEBT - CONTINUED DESCRIPTIONS OF BOND ISSUES AND NOTES PAYABLE Bonds and notes payable at September 30, 2007 were composed of the following: Governmental Activities Limited General Obligation Bonds $32,815,000 2005A Limited General Obligation Bonds, Conservation Collier Program, due in annual installments of $3,285,000 to $4,805,000 through January 1, 2013; interest at 3.00% to 5.00 %. $ 25,815,000 Governmental Activities Revenue Bonds $47,430,000 2002 Capital Improvement Revenue Bonds due in annual installments of $1,780,000 to $2,830,000 through October 1, 2016; interest at 1.60% to 5.00 %. Local government half -cent sales tax revenue is pledged for the debt service on these bonds. 34,780,000 $49,360,000 2003 Capital Improvement and Refunding Revenue Bonds due in annual installments of $1,130,000 to $2,570,000 through October 1, 2033; interest at 100% to 4.75 %. Local government half -cent sales tax is pledged for the debt 40,940,000 service on these bonds. $167,200,000 2005 Capital Improvement and Refunding Revenue Bonds due in annual installments of $2,035,000 to $7,240,000 through October 1, 2035; interest at 160,060,000 2.25% to 5.00 %. Local government half -cent sales tax is pledged for the debt service on these bonds. $102,125,000 2003 Gas Tax Revenue Bonds, due in annual installments of $1,495,000 to $6,865,000 through June 1, 2023; interest at 2.00% to 5.25 %. Five Cents and Six Cents Local Option Gas Tax along with Ninth Cent and Seventh Cent gas tax revenue are pledged for debt service on these bonds. 77,990,000 $96,255,000 2005 Gas Tax Revenue Bonds, due in annual installments of $445,000 to $13,985,000 through June 1, 2025; interest at 3.00% to 5.00 %. Five Cents and Six Cents Local Option Gas Tax along with Ninth Cent, Seventh Cent and Constitutional Gas Tax revenues are pledged for debt service on these bonds. 95,025,000 $1,870,000 1997 Naples Park Area Stormwater Improvement Assessment Bonds due in annual installments of $75,000 to $185,000 through September 1, 2012; interest at 6.45% fixed rate. Stormwater improvement assessment proceeds are pledged for the debt service on these bonds. 825,000 fotal Governmental Activities Revenue Bonds 409,620,000 Governmental Activities Loans Pam $65,155,000 Commercial Paper issued by the Florida Local Government Finance Commission Pooled Commercial Paper Program, due in installments of $800,000 to $23,335,000 through December 4, 2012; monthly variable rate for the current fiscal year of 4.15% to 4.30 %, collateralized by non ad valorem revenue. 51,430,000 48 I � "' COLLIER COUNTY, FLORIDA NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 6 - LONG -TERM DEBT - CONTINUED DESCRIPTIONS OF BOND ISSUES AND NOTES PAYABLE - CONTINUED Governmental Activities Loans Payable - Continued $7,000,000 Bayshore Gateway Community Redevelopment Agency Taxable Non - Revolving Line of Credit, due July 1, 201 I; quarterly variable interest for the current fiscal year end of 5.49 %. Tax increment revenues are pledged for the debt service on this loan. $ 5,901,000 Total Governmental Activities Loans Payable 57,331,000 Total Governmental Activities Obligations 492,766,000 Unamortized Bond Discount (591,071) Unamortized Bond Premium 18,201,955 Deferred Loss on Bond Refunding (471,098) Governmental Activities Obligations, Net 509,905,786 Less Current Portion of Governmental Activities Obligations (20,815,000) Long -Term Portion of Governmental Activities Obligations, Net $ 489,090,786 Business -type Activities Revenue Bonds $13,720,000 2003A Taxable County Water and Sewer Refunding Revenue Bonds due in annual installments of $740,000 to $2,715,000 through July 1, 2009; interest at 2.00% to 3.375 %. Collateralized by a parity first lien on the pledged revenues listed on the $6,605,000 1999A Collier County Water and Sewer Refunding Revenue $ 3,455,000 Bonds. $33,630,000 2003B County Water and Sewer Refunding Revenue Bonds due in annual installments of $1,410,000 to $4,125,000 through July 1, 2021; interest at 4.25% to 5.50 %. Collateralized by a parity first lien on the pledged revenues listed on the $6,605,000 1999A Collier County Water and Sewer Refunding Revenue Bonds. 33,630,000 $6,605,000 1999A Collier County Water and Sewer Refunding Revenue Bonds due in annual installments of $35,000 to $1,035,000 through July 1, 2010; interest at 3.00% to 4.25 %. Principal and interest are payable from the net operating revenues of the system, system development fees and special assessment collections. 2,265,000 $22,855,000 1999B Collier County Water and Sewer Refunding Revenue Bonds due in annual installments of $950,000 to $1,875,000 through July 1, 2016; interest at 4.00% to 5.125 %. Collateralized by a parity first lien on the pledged revenues listed on the $6,605,000 1999A Collier County Water and Sewer Refunding Revenue 14,115,000 Bonds. 49 COLLIER COUNTY, FLORIDA 1 3 A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 6 - LONG -TERM DEBT - CONTINUED DESCRIPTIONS OF BOND ISSUES AND NOTES PAYABLE — CONTINUED $110,165,000 2006 Collier County Water and Sewer Revenue Bonds due in annual installments of $2,310,000 to $8,695,000, commencing July 1, 2017 through July 1, 2036; interest at 4.00% to 5.00 %. Collateralized by a parity first lien on the pledged revenues listed on the $6,605,000 1999A Collier County Water and Sewer Refunding Revenue Bonds. $ 110,165,000 Total Business -type Activities Revenue Bonds 163,630,000 Business -type Activities Loans and Notes Pam $5,890,100 County Water and Sewer District note payable to private water and sewer company, payable through use of water and sewer system development fee credits by company or its assignees, or, to the extent of unused credits, payable at the current cash value of the credits (minimum of the original face value) in 2007. Non interest bearing agreement. 67,173 $166,580 County Water and Sewer District agreement with private developer payable through use of water and sewer system development fee credits. Non interest bearing agreement. 71,255 $14,547,667 County Water and Sewer District State Revolving Fund Loan, interest payable at 4.25% payable in 20 semiannual payments commencing October 1, 1992, collateralized by a lien on pledged revenues consisting of net revenues from the operations of the County Water and Sewer System, proceeds derived from the levy of special assessments levied upon the properties benefited by the project, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon pledged revenues established by bonded indebtedness. 4,691,730 $13,292,898 County Water and Sewer District State Revolving Fund Loan, interest payable at 2.65% payable in 40 semiannual payments commencing January 15, 1999, collateralized by a lien on pledged revenues consisting of net revenues from the operations of the County Water and Sewer System, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon pledged revenues established by bonded indebtedness. 8,386,750 $22,238,677 County Water and Sewer District State Revolving Fund Loan, interest payable at 3.05% payable in 40 semiannual payments commencing November 15, 2001, collateralized by a lien on pledged revenues consisting of net revenues from the operations of the County Water and Sewer System, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon pledged revenues established by bonded indebtedness. 16,557,305 50 �v y COLLIER COUNTY, FLORIDA 1 3 A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 6 - LONG -TERM DEBT — CONTINUED DESCRIPTIONS OF BOND ISSUES AND NOTES PAYABLE — CONTINUED $5,160,675 County Water and Sewer District State Revolving Fund Loan, interest payable at 3.05% payable in 40 semiannual payments commencing October 15, 2004, collateralized by a lien on pledged revenues consisting of net revenues from the operations of the County Water and Sewer System, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon pledged revenues established by bonded indebtedness. $ 4,571,025 $6,560,956 County Water and Sewer District State Revolving Fund Loan, interest payable at 3.05% payable in 40 semiannual payments commencing January 15, 2005, collateralized by a lien on pledged revenues consisting of net revenues from the operations of the County Water and Sewer System, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon pledged revenues established by bonded indebtedness. 5,807,393 $29,224,004 County Water and Sewer District State Revolving Fund Loan, interest payable at 2.95% payable in 40 semiannual payments commencing June 15, 2006, collateralized by a lien on pledged revenues consisting of net revenues from the operations of the County Water and Sewer System, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon 27,570,233 pledged revenues established by bonded indebtedness. $11,644,400 County Water and Sewer District State Revolving Fund Loan, interest payable at 2.90% payable in 40 semiannual payments commencing September 15, 2006, collateralized by a lien on pledged revenues consisting of net revenues from the operations of the County Water and Sewer System, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon pledged revenues established by bonded indebtedness. 8,889,286 $6,895,629 County Water and Sewer District State Revolving Fund Loan, interest payable at 2.96% payable in 40 semiannual payments commencing July 15, 2009, collateralized by a lien on pledged revenues consisting of net revenues from the operations of the County Water and Sewer System, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon 1,105,080 pledged revenues established by bonded indebtedness. $5,445,223 County Water and Sewer District State Revolving Fund Loan, interest payable at 2.92% payable in 40 semiannual payments commencing December 15, 2005, collateralized by a lien on pledged revenues consisting of net revenues from the operations of the County Water and Sewer System, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon pledged revenues established by bonded indebtedness. 5,055,325 51 COLLIER COUNTY, FLORIDA 13A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 6 - LONG -TERM DEBT — CONTINUED DESCRIPTIONS OF BOND ISSUES AND NOTES PAYABLE — CONTINUED $5,188,500 County Water and Sewer District State Revolving Fund Loan, interest payable at 2.74% payable in 40 semiannual payments commencing November 15, 2007, collateralized by a lien on pledged revenues consisting of net revenues from the operations of the County Water and Sewer System, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed $ 3,158,299 upon pledged revenues established by bonded indebtedness. $6,205,900 County Water and Sewer District State Revolving Fund Loan, interest payable at 2.75% payable in 40 semiannual payments commencing April 15, 2008, collateralized by a lien on pledged revenues consisting of net revenues from the operations of the County Water and Sewer System, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon pledged revenues established by bonded indebtedness. 4,664,914 $8,208,000 County Water and Sewer District State Revolving Fund Loan, interest payable at 2.64% payable in 40 semiannual payments commencing August 15, 2008, collateralized by a lien on pledged revenues consisting of net revenues from the operations of the County Water and Sewer System, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon pledged revenues established by bonded indebtedness. 8,168,321 $8,208,000 County Water and Sewer District State Revolving Fund Loan, interest payable at 2.64% payable in 40 semiannual payments commencing October 15, 2009, collateralized by a lien on pledged revenues consisting of net revenues from the operations of the County Water and Sewer System, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon pledged revenues established by bonded indebtedness. 8,168,321 Total Business -type Activities Loans and Notes Payable 106,932,410 Total Business -type Activities Obligations 270,562,410 Unamortized Bond Discount (918,149) Unamortized Bond Premium 5,323,139 Deferred Loss on Bond Refunding (4,749,377) Business -type Activities Obligations (Net) 270,218,023 Less Current Portion of Business -type Activities Obligations Payable from Unrestricted Assets (10,149,295) Less Current Portion of Business -type Activities Obligations Payable from Restricted Assets (138,428) Long -Term Portion of Business -type Activities Obligations (Net) $ 259,930,300 52 COLLIER COUNTY, FLORIDA 13 A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 6 - LONG -TERM DEBT — CONTINUED SUMMARY OF DEBT SERVICE REQUIREMENTS TO MATURITY The total annual debt service requirements to maturity of long -term debt, excluding compensated absences, capitalized leases, premiums, discounts and arbitrage rebate liability, are as follows: Governmental Activities 2008 2009 2010 2011 2012 2013 -17 2018 -22 2023 -27 2028 -32 2033 -37 Totals Limited General Obligation Bonds Principal Interest $ 3,900,000 1,078,525 4,030,000 954,700 4,150,000 790,500 4,355,000 577,875 4,575,000 354,625 4,805,000 120,125 Revenue Bonds Principal Interest 15,475,000 18,689,340 16,020,000 18,201,347 16,550,000 17,637,168 17,120,000 17,004,707 17,900,000 16,214,913 83,245,000 69,191,606 100,740,000 47,592,937 78,980,000 22,700,321 34, 635,000 10, 818, 717 28,955,000 2,542,151 Loans Payable Principal Interest 1,440,000 2,023,485 800,000 2,018,685 4,800,000 2,018,685 5,901,000 1,930,170 23,335,000 964,575 21,055,000 157,913 Totals 42,606,350 42,024,732 45,946,353 46,888,752 63,344,113 178,574,644 148,332,937 101,680,321 45,453,717 31,497,151 $25,815,000 3,876,350 409,620,000 240,593,207 57,331,000 9,113,513 746,349,070 Business -type Activities LEGAL DEBT MARGIN The Constitution of the State of Florida and the Florida Statutes set no legal debt limit. 53 Revenue Bonds Notes Payable Totals Principal Interest Principal Interest 2008 $ 4,745,000 7,527,148 5,542,723 2,695,176 20,510,047 2009 4,905,000 7,357,974 5,467,843 2,712,802 20,443,619 2010 5,125,000 7,138,343 5,975,146 2,770,614 21,009,103 2011 4,885,000 6,895,082 6,161,484 2,584,272 20,525,838 2012 5,125,000 6,658,256 6,353,787 2,391,972 20,529,015 2013 -17 24,620,000 29,396,149 29,105,681 9,320,127 92,441,957 2018 -22 21,270,000 24,145,863 28,408,938 5,007,642 78,832,443 2023 -27 26,640,000 18,774,700 18,377,586 1,377,320 65,169,606 2028 -32 33,695,000 11,723,262 1,539,222 42,643 47,000,127 2033 -37 32,620,000 3,707,963 36,327,963 Totals $ 163,630,000 123,324,740 106,932,410 28,902,568 422,789,718 LEGAL DEBT MARGIN The Constitution of the State of Florida and the Florida Statutes set no legal debt limit. 53 COLLIER COUNTY, FLORIDA 1 3 A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 6 - LONG -TERM DEBT — CONTINUED RESTRICTIVE COVENANTS According to the official statements and County resolutions authorizing the issuance of the Series 2002, 2003 and 2005 Capital Improvement Revenue and Refunding Revenue Bonds, as well as the Series 2003 and 2005 Gas Tax Revenue Bonds, the issues are payable from and secured by liens on the local government half -cent sales tax and gas tax revenues, respectively. The covenants of the loan agreement authorizing the Florida Local Government Finance Commission loans include appropriation in the annual budget amounts of non ad valorem revenues or other legally available funds sufficient to satisfy the loan repayments. Tax increment revenues are pledged for the repayment of the Bayshore Gateway Community Redevelopment Agency's taxable, non - revolving line of credit. Tax increment collections were $1,962,400 for the period ended September 30, 2007. Tax increment revenues must cover annual debt service requirements by 150 %. In the opinion of management the agency was in compliance with this covenant for the year ended September 30, 2007. Water and sewer revenue bonds are payable solely from and secured by a first lien upon and pledge of the net revenues and certain other fees and charges derived from the operation of the County's water and sewer system. The pledge of the net revenues derived by the County from the operation of the water and sewer system does not constitute a lien upon the water and sewer system or any other property of the County. The covenants of the resolutions authorizing the County Water and Sewer District Bonds, Series 2006, 2003A, 2003B, 1999A and 1999B include, among other things, an obligation for the County to fix, establish and maintain such rates and collect such fees, rentals or other charges for the services and facilities of the water and sewer system, and to revise the same from time to time whenever necessary, so as to always provide in each year net revenues, as defined in the resolutions authorizing the revenue bonds, which together with the system development fees and special assessment proceeds received in each fiscal year shall be adequate to pay at least 125% of the annual debt service requirements for the Water and Sewer Bonds; provided, however, that net revenues in each fiscal year shall be adequate to pay at least 100% of the annual debt service for the bonds. In addition, bond covenants require a renewal and replacement amount equal to $300,000 to be set aside in the County Water and Sewer District Funds. In the opinion of management, the water and sewer funds were in compliance with these covenants for the year ended September 30, 2007. INTEREST CAPITALIZED Interest costs on Tong -term debt, including capitalized leases, incurred and capitalized during the year ended September 30, 2007 were as follows: Business -type Activities LEASE OBLIGATIONS Total Interest Interest Cost Net Interest Cost Incurred Capitalized Expense 9,662,963 2,318,009 7,344,954 Capitalized leases payable at September 30, 2007 amounted to $964,752. These obligations, which are collateralized by equipment and vehicles, have annual installments ranging from $35,230 to $214,007 including interest ranging from 4.43% to 7.45% and mature through 2015. 54 COLLIER COUNTY, FLORIDA NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 6 - LONG -TERM DEBT — CONTINUED LEASE OBLIGATIONS - CONTINUED Future minimum capital lease obligations as of September 30, 2007 were as follows: NOTE 7 - CONDUIT DEBT OBLIGATIONS COMPONENT UNIT CONDUIT DEBT 13A The Industrial Development Authority, Housing Finance Authority, Health Facilities Authority and Educational Facilities Authority, all component units of Collier County, issue debt instruments for the purpose of providing capital financing to independent third parties. Industrial development revenue bonds have been issued to provide financial assistance to public entities for the acquisition and construction of industrial and commercial facilities. Housing revenue bonds have been issued for the purpose of financing the development of multi - family residential rental communities. The health facility revenue bonds were issued to provide financing for the construction of health park facilities. The educational facility revenue bonds were used to provide financing for the construction of educational facilities. These bonds were secured by the financed property, a letter of credit or a corporate guarantee. The primary revenues pledged to pay the debt are those revenues derived from the project or facilities constructed. Neither the issuer, nor the County is obligated in any manner for repayment of the bonds. Therefore, the bonds are not reported as liabilities in the accompanying financial statements. As of September 30, 2007 the outstanding principal amount payable on all component unit conduit debt was $260,562,694 and is made up of the following: Industrial development revenue bonds Housing revenue bonds Health facilities revenue bonds Educational facilities revenue bonds Total 55 $ 27,230,579 74,905,600 90,045,000 68,381,515 $ 260,562,694 Governmental Business -type Activities Activities Total 2008 $ 194,439 19,568 214,007 2009 194,439 19,568 214,007 2010 190,660 19,568 210,228 2011 190,660 19,568 210,228 2012 77,920 - 77,920 2013 - 15 191,070 - 191,070 Total minimum lease payments 1,039,188 78,272 1,117,460 Less amount representing interest (142,238) (10,470) 152,708 Present value of minimum lease payments $ 896,950 67,802 964,752 NOTE 7 - CONDUIT DEBT OBLIGATIONS COMPONENT UNIT CONDUIT DEBT 13A The Industrial Development Authority, Housing Finance Authority, Health Facilities Authority and Educational Facilities Authority, all component units of Collier County, issue debt instruments for the purpose of providing capital financing to independent third parties. Industrial development revenue bonds have been issued to provide financial assistance to public entities for the acquisition and construction of industrial and commercial facilities. Housing revenue bonds have been issued for the purpose of financing the development of multi - family residential rental communities. The health facility revenue bonds were issued to provide financing for the construction of health park facilities. The educational facility revenue bonds were used to provide financing for the construction of educational facilities. These bonds were secured by the financed property, a letter of credit or a corporate guarantee. The primary revenues pledged to pay the debt are those revenues derived from the project or facilities constructed. Neither the issuer, nor the County is obligated in any manner for repayment of the bonds. Therefore, the bonds are not reported as liabilities in the accompanying financial statements. As of September 30, 2007 the outstanding principal amount payable on all component unit conduit debt was $260,562,694 and is made up of the following: Industrial development revenue bonds Housing revenue bonds Health facilities revenue bonds Educational facilities revenue bonds Total 55 $ 27,230,579 74,905,600 90,045,000 68,381,515 $ 260,562,694 COLLIER COUNTY, FLORIDA 1 3 A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 8 - DEFEASED DEBT The County has defeased certain outstanding bond issues by placing the proceeds of new bonds in irrevocable trusts to provide for all future debt service payments on the defeased debt. Accordingly, the trust accounts and the defeased bonds are not included in the County's financial statements. At September 30, 2007 the following issues were considered defeased: Governmental Activities 1986 Capital Improvement Program Revenue Bonds, Sub -Series 5 Mode A 2003 Capital Improvement and Refunding Revenue Bonds Total Governmental Activities Defeased Debt Business -type Activities 1983 County Water and Sewer District Refunding Bonds Original Debt Defeased Bonds Defeased Outstanding 12,245,000 5,105,000 4,360,000 4,360,000 $ 16,605,000 9,465,000 Original Debt 22,000,000 Defeased Bonds Outstanding 8,130,000 On September 21, 2007 Collier County cash defeased $4,360,000 of the Series 2003 Capital Improvement Refunding Revenue bonds. A legal escrow account was established and will make the scheduled principal and interest payments through October 1, 2013, at which time the remaining principal balance of $3,745,000 will be redeemed. The net present value savings related to the cash defeasance was $2,995,379, due mainly to the early redemption scheduled in the escrow. NOTE 9 — PENSION PLAN OBLIGATIONS RETIREMENT PLAN Substantially all full time and part time employees of the County are eligible to participate in the State of Florida Retirement System (the System), a cost sharing, multiple employer program administered by the State of Florida, Division of Retirement. The System provides two retirement plans from which eligible employees can choose: the Pension Plan (defined benefit) and the Investment Plan (defined contribution). The County follows the provisions of GASB 27, Accounting for Pensions by State and Local Governmental Employers, as described in the following disclosure. PLAN DESCRIPTION Employees who are regular risk members and retire at or after age 62 with 6 years of credited service, or with 30 years of service regardless of age, are entitled to a retirement benefit, payable monthly for life, equal to 1.6 percent of their average final compensation for each year of credited service. Final average compensation is the employee's average of the five highest years of salary earned during credited service. Vested employees may retire before age 62 and receive benefits that are reduced 5 percent for each year prior to normal retirement age or date. The System also provides death and disability benefits as well as annual cost -of- living adjustments to plan participants and beneficiaries. The Florida Legislature established the System under Chapter 121, Florida Statutes and has sole authority to amend benefit provisions. 56 COLLIER COUNTY, FLORIDA 13 A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 9 — PENSION PLAN OBLIGATIONS - CONTINUED PLAN DESCRIPTION - CONTINUED Special Risk Class members qualify for normal retirement with 6 years of special risk service and age 55 or with 25 years of special risk service at any age. The monthly benefit payable is equal to 2 -3 percent of their average final compensation for each year depending on the percent in effect during the service period. Vested employees may retire before age 55 and receive benefits that are reduced 5 percent for each year prior to normal retirement age or date. The Deferred Retirement Option Program (DROP) is a program that provides an alternative method for payment of retirement benefits for a specified and limited period for members of the System, effective July 1, 1998. Under this program, the employee may retire and have their benefits accumulate in the Florida Retirement System Trust Fund, earning interest, while continuing to work for a System employer. The act of participating in the program does not change the individual employee's employment conditions. When the DROP period ends, a maximum of 60 months, employment must be terminated. At the time of termination of employment, the employee will receive payment of the accumulated DROP benefits, and begin receiving their monthly retirement benefit (in the same amount determined at retirement, plus annual cost -of- living increases). The System publishes an annual report that provides ten -year historical trend information regarding progress made in accumulating sufficient assets to pay benefits when due. The report may be obtained by writing the Division of Retirement, Research, Education and Policy Section, 1317 Winewood Boulevard, Tallahassee, Florida 32315 -9000, or by calling (866) 738 -2366, or accessing their internet site at wwwArns.mvtlorida.com. FUNDING POLICY The System is non - contributory for employees and the County is required to contribute at an actuarially determined rate. The current rate is 20.92% for special risk employees, 16.53% for county elected officials, 9.85% for regular employees, 13.12% for senior management and 10.91% for DROP employees of annual covered payroll. The contributions of the County are established by the State Legislature and therefore subject to amendment. The County's contributions to the System for the years ending September 30, 2007, 2006 and 2005 are represented in the table below. The County's contributions were equal to the required contributions for each year. FY -2007 FY -2006 FY -2005 General Fund $ 18,678,498 15,763,159 12,938,767 Road Construction 160,080 124,015 113,845 Community Redevelopment 22,013 9,231 5,140 County Water and Sewer 1,673,956 1,263,952 993,343 Other Governmental 4,846,006 2,927,430 2,479,938 Other Enterprise 2,719,220 1,846,197 1,708,055 Internal Service Funds 207,274 160,116 126,666 Totals $ 28,307,047 22,094,100 18,365,754 57 COLLIER COUNTY, FLORIDA 13A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 10 — TRANSFERS Transfers for the year ended September 30, 2007 were as follows: Governmental Activities General Fund Road Construction S 30,100,000 958,700 Other Governmental 73,731,161 Other Governmental County Water and Sewer 6,765 178,158 Other Enterprise 14,825,643 Totals Internal Service Funds 232,500 Road Construction General Fund 202,800 Other Governmental 15,502,600 Other Enterprise 2,000,000 Community Redevelopment Other Governmental 851,852 Other Governmental General Fund 3,801,058 Road Construction 1,899,584 Other Governmental 38,317,216 Business -type Activities County Water and Sewer General Fund 366,983 Other Governmental 958,700 Other Enterprise General Fund 314,996 Other Governmental 65,900 County Water and Sewer 178,158 Other Enterprise 332,182 Totals $ 183,688,098 Transfers between funds move unrestricted revenues collected in the General Fund to finance operating and capital programs accounted for in other funds in accordance with budgetary authorizations and to move receipts restricted to debt service from the funds collecting the receipts to the debt service fund as payments become due. NOTE 11 —NET ASSETS /FUND BALANCES Net assets represent the difference between total assets and total liabilities. Net assets are further categorized as follows: Invested in capital assets, net of related debt: Total capital assets, net of debt issued in the acquisition and construction of these assets and net of depreciation is reported separately in the net assets section. Restricted for growth related capital expansion: Impact fee and system development charges restricted for growth related capital expansion. Restricted for transportation capital projects: Gas taxes and other revenues restricted for transportation capital improvements. Restricted for Conservation Collier: One quarter mil of ad valorem revenues restricted for the purchase of environmentally sensitive land. Restricted for Tourist development: Tourist development tax proceeds are restricted for tourist related activities. 58 COLLIER COUNTY, FLORIDA 13A J ,. NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 11 — NET ASSETS/FUND BALANCES - CONTINUED Restricted for debt service: Balances are restricted in conjunction with the issuance of bonds and have been funded by operating transfers from the appropriate funds. The use of monies in the sinking fund is restricted to the payment of principal and interest on long -term debt. Restricted for renewal and replacement: Balance is restricted in conjunction with the issuance of County Water and Sewer District Bonds. The use of monies in the renewal and replacement fund is restricted to funding the cost of additions, replacement or major repair of water and wastewater capital assets. Unrestricted: Balances are not restricted for specific purposes. The following categories are used for reporting governmental fund balances in the fund financial statements. Fund Balances Reserved Reserved for prepaid costs: Balances represent insurance, travel and other expenses paid in advance and which are not considered available and spendable resources. Reserved for inventory: Balances represent items which are not considered available and spendable resources. Reserved for advances to other funds: Balances represent long -term advances made to other funds which do not constitute expendable and available financial resources. Reserved for encumbrances: Balances are segregated for expenditure upon vendor performance. Reserved for debt service: Balances represent monies legally restricted to the payment of principal and interest on long -term debt Fund Balances Unreserved Unreserved, reported in general fund: Balances in the general fund not reserved for specific purposes. Unreserved, reported in special revenue funds: Balances in the special revenue funds not reserved for specific purposes. Unreserved, reported in debt service funds: Balances in the debt service funds not reserved for specific purposes. Unreserved, reported in capital project funds: Balances in the capital project funds not reserved for specific purposes. NOTE 12 - RISK MANAGEMENT The County is exposed to various risks of loss related to tort; theft of, damage to and destruction of assets; errors and omissions; injuries to employees and natural disasters. A self - insurance internal service fund is maintained by the County to administer insurance activities relating to workers' compensation, health and property and casualty, which covers general, property, auto, public official and crime liabilities. Under these programs, the self - insurance fund provides coverage up to a maximum amount for each claim. The County purchases commercial insurance for claims in excess of coverage provided by the self- insurance fund and for all other covered risks of loss. Negligence claims in excess of the statutory limits set in Section 768.20, Florida Statutes, which provide for limited sovereign immunity of $100,000/$200,000 per occurrence, can only be recovered through an act of the State Legislature. 59 COLLIER COUNTY, FLORIDA NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 12 - RISK MANAGEMENT — CONTINUED Claim Type Property and casualty claims Auto liability claims Employee health claims Workers' compensation claims County's Coverage 13A Excess Carrier's Coverage $50,000 - $500,000 (5% Named Storm) $50,000 - $150,000,000 $200,000 $200,000 - $1,000,000 $175,000 $175,000 - $2,000,000 $350,000 $350,000 - $25,000,000 The aggregate loss exposure on workers' compensation and property and casualty claims is $1,088,093. Settled claims have not exceeded the insurance provided by third party carriers in any of the past three years. All divisions of the County, excluding the Sheriff, participate in this program. Charges to operating departments are based upon amounts believed by management to meet the required annual payouts during the fiscal year and to pay for the estimated operating costs of the programs. For the fiscal year ended September 30, 2007 the operating departments were charged $38,086,148 for workers' compensation, health and property and casualty self - insurance programs. The claims Toss reserve for workers' compensation, health and property and casualty of $9,716,000 reported at September 30, 2007 was calculated by third party actuaries based upon GASB Statement 30, Risk Financing Omnibus, which requires that a liability for claims be reported when it is probable that a loss has been incurred and the amount of that Toss can be reasonably estimated. The estimated liabilities for unpaid losses related to workers' compensation and property and casualty were discounted at 3.5 %. Claims loss reserves of $3,071,525 are recorded as current liabilities. The Sheriff participates in the Statewide Florida Sheriffs Self- Insurance Fund for its professional liability insurance. The fund is managed by representatives of the participating Sheriff offices and provides professional liability insurance to participating Sheriff agencies. The Florida Sheriffs Self- Insurance Fund provides liability insurance coverage subject to the following limitations: $3,100,000 for any claim involving a single individual, $3,200,000 for any incident which involves multiple claims and aggregate, $3,500,000 ultimate net loss per Sheriff during any policy period. The Sheriff also participates in the Statewide Florida Sheriffs Self- Insurance Fund program for workers' compensation coverage. The Florida Sheriffs Association Workers' Compensation Insurance Trust (FSAWIT) is a limited self - insurance fund providing coverage for the first $100,000 of every claim. Re- insurance is provided through a third party insurer for all claims exceeding $350,000 up to $10,000,000 and an aggregate of $500,000 depending on type of bodily injury. Settled claims have not exceeded the insurance provided by third party carriers in any of the past three years. Premiums charged to participating Sheriffs are based upon amounts believed by Fund management to meet the estimated annual payouts during the fiscal year and to pay for the estimated operating costs of the program. All liabilities associated with these self- insured risks are reported in the basic financial statements of the Statewide Florida Sheriff's Self- Insurance Fund. The Sheriff cannot be additionally assessed for claims paid by the program. The Sheriff has also established a self- funded employee health plan. An internal service fund is used to account for the activities of the plan. Excess coverage has been purchased which provides specific claim excess coverage for any one incident exceeding $150,000 up to $1,000,000. Payments to the internal service fund are based on actuarial estimates of amounts needed to pay prior year and current year claims. 60 1•':) COLLIER COUNTY, FLORIDA 1 3 A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 12 - RISK MANAGEMENT — CONTINUED The claims loss reserve for health of $1,855,000 reported at September 30, 2007 was calculated by third party actuaries based upon GASB Statement 30, Risk Financing Omnibus which requires that a liability for claims be reported when it is probable that a loss has been incurred and the amount of that loss can be reasonably estimated. The entire Sheriff's health claim loss reserve is recorded as a current liability. CHANGES IN SELF - INSURANCE CLAIMS PAYABLE Changes in the self - insurance claims payable for fiscal years 2006 and 2007 were as follows for the County and Sheriff self - insurance programs: NOTE 13 — OTHER POSTEMPLOYMENT BENEFITS In addition to the pension benefits described in Note 9, the County is required by Section 112.0801, Florida Statutes, to provide retirees the opportunity to participate in the group health plan by paying 100% of the active rate. Currently approximately 80 retirees participate. Although not required by Florida law, the County has opted to pay a portion of the cost of such participation for certain retired County employees. Retired employees of the Board of County Commissioners (the "Board "), who have at least 60% of eligible accrued sick leave remaining at the time of retirement and have completed 15 years of continuous service with the Board would be eligible to receive a 50% to 100% subsidy toward the cost of coverage under the active plan. The retiree must retire from Collier County, be at least 55 years of age or have completed 30 years of service under the Florida Retirement System (FRS) and be eligible to receive an FRS benefit with no break in time. Current retirees are not eligible for the subsidy. For fiscal year 2007 there were five participants entitled to subsidies in this program, with a total cost of $19,016 to Collier County. The Sheriff provides post retirement health care benefits in accordance with Section 110.123, Florida Statutes to all employees who retire from the Sheriff. Retiring employees having 6 years of creditable service with the Sheriff and who receive a monthly retirement benefit from FRS meet the eligibility requirements. For fiscal year 2007, 71 Sheriffs retirees met the eligibility requirements. The Collier County Sheriff pays approximately 20% of the premium cost for the qualified retiree to participate in the Florida Sheriffs Association Multiple Employers Trust (the Trust). For fiscal year 2007 the Sheriff paid the Trust a total of $116,700 on behalf of the retirees. 61 Property and Group Workers' Casualty Health Compensation Total Balance at September 30, 2005 $ 2,463,000 $ 3,929,000 $ 4,004,000 $ 10,396,000 Current year claims incurred and changes in estimates 8,048,582 31,023,211 1,008,834 40,080,627 Claim payments (7,414,582) (30,677,211) (1,126,834) (39,218,627) Balance at September 30, 2006 3,097,000 4,275,000 3,886,000 11,258,000 Current year claims incurred and changes in estimates 1,870,096 38,158,691 723,054 40,751,841 Claim payments (2,030,096) (37,771,691) (637,054) (40,438,841) Balance at September 30, 2007 $ 2,937,000 $ 4,662,000 $ 3,972,000 $ 11,571,000 NOTE 13 — OTHER POSTEMPLOYMENT BENEFITS In addition to the pension benefits described in Note 9, the County is required by Section 112.0801, Florida Statutes, to provide retirees the opportunity to participate in the group health plan by paying 100% of the active rate. Currently approximately 80 retirees participate. Although not required by Florida law, the County has opted to pay a portion of the cost of such participation for certain retired County employees. Retired employees of the Board of County Commissioners (the "Board "), who have at least 60% of eligible accrued sick leave remaining at the time of retirement and have completed 15 years of continuous service with the Board would be eligible to receive a 50% to 100% subsidy toward the cost of coverage under the active plan. The retiree must retire from Collier County, be at least 55 years of age or have completed 30 years of service under the Florida Retirement System (FRS) and be eligible to receive an FRS benefit with no break in time. Current retirees are not eligible for the subsidy. For fiscal year 2007 there were five participants entitled to subsidies in this program, with a total cost of $19,016 to Collier County. The Sheriff provides post retirement health care benefits in accordance with Section 110.123, Florida Statutes to all employees who retire from the Sheriff. Retiring employees having 6 years of creditable service with the Sheriff and who receive a monthly retirement benefit from FRS meet the eligibility requirements. For fiscal year 2007, 71 Sheriffs retirees met the eligibility requirements. The Collier County Sheriff pays approximately 20% of the premium cost for the qualified retiree to participate in the Florida Sheriffs Association Multiple Employers Trust (the Trust). For fiscal year 2007 the Sheriff paid the Trust a total of $116,700 on behalf of the retirees. 61 COLLIER COUNTY, FLORIDA 13 A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 14 — LANDFILL LIABILITY On May 1, 1995 the County entered into an agreement with a company for the privatization of the County's landfill operations. Under the contract, the company is responsible for the daily operations, capital improvements, closure, postclosure and financial assurance requirements of the active cells within the Naples and Immokalee landfill sites. At this time there is no reason for management to believe that the contractor will not be financially capable of meeting the closure and postclosure responsibilities of the contract. Collier County is responsible for the postclosure costs relating to two cells at the Naples landfill site, and one cell at the Immokalee landfill site. None of the cells that Collier County is responsible for has accepted waste since December 1989. The County is also responsible for staffing and operating the scale house at each site. In accordance with U.S. Environmental Protection Agency rule Solid Waste Disposal and Facility Criteria and GAS13 Statement 18, Accounting for Municipal Solid Waste Landfill Closure and Postclosure Care Costs, a liability has been established representing amounts estimated to be spent on postclosure relating to the three cells for which Collier County is responsible. The County's estimated liability in connection with the landfills is included in the proprietary funds statement of net assets. The landfill liability will be reassessed on an annual basis, and any increase due to inflation, changes in technology or additional postclosure care requirements will be recorded as a current cost. The County has an escrow account in the amount of $10,000 to comply with Rule 62- 701.630, Florida Administrative Code for the inactive Eustis Avenue Landfill site. These funds are restricted for the exclusive use of the Eustis Avenue Landfill site's long -term care. There were no deposits to or withdrawals from this account in fiscal year 2007. NOTE 15 - SIGNIFICANT CONTINGENCIES LITIGATION The County is involved as defendant or plaintiff in certain litigation and claims arising in the ordinary course of operations. In the opinion of County legal counsel, the range of potential recoveries or liabilities will not materially affect the financial position of the County. Litigation is pending between the Clerk of the Circuit Court and the Board of County Commissioners regarding the role of the Clerk of the Circuit Court as County Auditor, the Clerk's status as a budget officer versus a fee officer and the Clerk's entitlement to investment earnings on County funds. No financial liability has been determined at this time. STATE AND FEDERAL, GRANTS Grant monies received and disbursed by the County are for specific purposes and are subject to review by the grantor agencies. Such audits may result in requests for reimbursement due to disallowed expenditures. Based upon prior experience, the County does not believe that such disallowances, if any, would have a material effect on the financial position of the County. ARBITRAGE REBATE In accordance with the Fax Reform Act of 1986, any interest earnings on borrowed construction funds in excess of the interest costs incurred are required to be rebated to the federal government. The total arbitrage rebate liability as of September 30, 2007 was $1,436,976, of which $214,263 related to governmental activities and $1,222,713 to business -type activities. INDEPENDENT FIRE DISTRICT COLLECTIONS As of September 30, 2007 various independent fire districts were owed monies as the result of a misallocation of fees collected on their behalf by Collier County. The County's position is that the issue is inter - district, and that the overpaid district should reimburse the other districts. The total amount of the remaining misallocation between the independent fire districts was $572,600, as of September 30, 2007. 62 COLLIER COUNTY, FLORIDA 1 3 A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 16 - SIGNIFICANT COMMITMENTS CONSTRUCTION COMMITMENTS Collier County has active construction projects as of September 30, 2007. The projects include road construction, governmental facilities and utilities improvements. At year end the County's commitments with contractors includes the following: Governmental Activities: Road Impact Districts Road Construction Other Governmental Business -type Activities: County Water and Sewer Other Enterprise NOTE 17 —RESTATEMENT Future Category Commitments Roads $ 54,650,708 Roads 97,708,208 Parks 780,722 Roads 2,854,637 Buildings 98,921,828 Beach restoration 535,472 Stormwater drainage 1,429,077 Utilities 43,422,505 Landfill expansion and closure 855,160 Buildings 109,141 Airports 820,277 $ 302,087,735 As of September 30, 2006, the County had recorded funds received for the State Criminal Alien Assistance Program and the Emergency 911 system as deferred revenue; however, the criteria for revenue recognition pursuant to GASB Statement No. 33, Accounting and Financial Reporting for Nonexchange Transactions, had been met. Accordingly, the beginning balance of both the governmental activities net assets and the other governmental funds fund balance were increased by $2,503,093 to restate balances by the amount previously reported as unearned revenue and deferred revenue, respectively. Also, deferred impact fee revenues associated with impact fee credit agreements with a total value of $5,622,930 were unrecorded as of September 30, 2006. These agreements resulted in an increase in net assets of the governmental activities of $3,170,631 and both the business -type activities and County Water and Sewer fund of $2,452,299. In addition, an allowance has been set up for State Housing Initiative Partnership deferred impact fee agreements relating to prior years, for which payment is not guaranteed, in the amount of $2,881,877. Lastly, payments to other municipalities for road construction of $4,250,000 had been recorded as capital assets, and depreciation of $108,333 was taken during fiscal year 2005. The underlying interlocal agreement for the payments specified that responsibility for the capital assets was transferred to the municipality. As a result, the beginning balance of governmental activities net assets was reduced by $4,141,667. 63 COLLIER COUNTY, FLORIDA NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 17 — RESTATEMENT - CONTINUED Governmental Business -type Activities Activities Net assets /fund balance, 13A County Other Water and Governmental Sewer Funds September 30, 2006, as $ 1,197,030,730 $699,747,603 $646,123,547 previously reported Deferred impact fee agreements 3,170,631 2,452,299 2,452,299 Allowance for deferred impact fees (2,881,877) - - Recognition of deferred revenues 2,503,093 Capital assets restatement, net (4,141,667) Total adjustment $281,227,415 2,503,093 (1,349,820) 2,452,299 2,452,299 2,503,093 Net assets /fund balance, September 30, 2006, as restated $ 1,195,680,910 $702,199,902 $648,575,846 $283,730,508 County Other Governmental Business -type Water and Governmental Activities Activities Sewer Funds Change in net assets /fund balance, $ 202,117,060 $ 47,109,324 $ 41,284,775 $(11,159,302) for the year ended September 30, 2006, previously reported Recognition of deferred revenues 1,261,932 1,261,932 Capital asset depreciation 108,333 - Total adjustment 1,370,265 - - 1,261,932 Change in net assets /fund balance, for the year ended September 30, 2006, as restated $ 203,487,325 $ 47,109,324 $ 41,284,775 $ (9,897,370) NOTE 1S — FUND DEFICITS The following funds had fund balance deficits at September 30, 2007: County -Wide Capital Improvements — The unreserved fund balance deficit of $3,938,522 is the result of encumbrances made prior to September 30, 2007. The deficit will be covered by future years' revenues and debt proceeds. County-Wide Library Impact Fees — The unreserved fund balance deficit of $4,838,166 is the result of encumbrances made prior to September 30, 2007. The deficit will be covered by future years' revenues and debt proceeds. 64 COLLIER COUNTY, FLORIDA 13A NOTES TO THE FINANCIAL STATEMENTS SEPTEMBER 30, 2007 NOTE 18 — FUND DEFICITS - CONTINUED Emergency Medical Services Impact Fees — The unreserved fund balance deficit of $357,156 is the result of encumbrances made prior to September 30, 2007. The deficit will be covered by future years' revenues and debt proceeds. Government Facilities Impact Fees — The unreserved fund balance deficit of $14,074,989 is the result of encumbrances made prior to September 30, 2007. The deficit will be covered by future years' revenues and debt proceeds. NOTE 19 — SUBSEQUENT EVENTS On October 10, 2007, Collier County issued the $6,215,000 Forest Lakes Roadway and Drainage Municipal Service Taxing Unit Limited General Obligation Bonds, Series 2007. The County issued these bonds for the purpose of providing funds to finance the costs of certain roadway lighting, roadway related drainage and roadway restoration within the Forest Lakes Municipal Service Taxing Unit, and to pay certain costs incurred in connection with the issuance of the Series 2007 bonds. As discussed in Note 2, at September 30, 2007, the County had $1,784,814 invested in the State Board of Administration's Local Government Surplus Funds Trust Fund Investment Pool (Pool). On November 29, 2007, the State Board of Administration implemented a temporary freeze on the assets held in the Pool due to an unprecedented amount of withdrawals from the Fund coupled with the absence of market liquidity for certain securities within the Pool. The significant amount of withdrawals followed reports that the Pool held asset - backed commercial paper that was subject to sub prime mortgage risk. On December 4, 2007, based on recommendations from an outside financial advisor, the State Board of Administration restructured the Pool into two separate pools. Pool A consisted of all money market appropriate assets, which was approximately $12 billion or 86% of Pool assets. Pool B consisted of assets that either defaulted on a payment, paid more slowly than expected, and /or had any significant credit and liquidity risk, which was approximately $2 billion or 14% of Pool assets. At the time of the restructuring, all current pool participants had their existing balances proportionately allocated into Pool A and Pool B. Currently, Pool A participants may withdraw 15% of their balance or $2 million, whichever is greater, without penalty. Withdrawals from Pool A in excess of the above limit are subject to a 2% redemption fee. New investments in Pool A are not subject to the redemption fee or withdrawal restrictions. Future withdrawal provisions from Pool A will be subject to further evaluation based on the maturities of existing investments and the liquidity requirements of the Pool. On December 21, 2007, Standard and Pool's Ratings Services assigned its "AAAM" principal stability fund rating to Pool A. Currently, Pool B participants are prohibited from withdrawing any amount from the Pool and a formal withdrawal policy has not yet been developed. Market valuations of the assets held in Pool B are not readily available. In addition, full realization of the principle value of Pool B assets is not readily determinable. As of January 29, 2008, the Sheriff had $610,853 and $101,780 invested in Pool A and B, respectively. The Board of County Commissioners, the Clerk of the Circuit Court and the Supervisor of Elections had divested themselves of all pool holdings, prior to November 29, 2007. Additional information regarding the Local Government Surplus Funds trust Fund may be obtained from the State Board of Administration. 65 13A THIS PAGE INTENTIONALLY LEFT BLANK Nonmajor Governmental Funds Special Revenue Funds ROAD DISTRICTS — To account for taxes levied and expenditures to carry on all work on roads and bridges in the County except that provided for in capital project funds. UNINCORPORATED AREA MUNICIPAL SERVICES TAXING DISTRICT — To account for revenues derived from and expanded for the benefit of the unincorporated areas of the County. COMMUNITY DEVELOPMENT — To account for building permit and development fees to support licensing, permitting and inspection services. WATER MANAGEMENT AND POLLUTION CONTROL — To account for taxes levied County- wide to provide water resource management and water pollution control. GRANTS AND SHARED REVENUES -- To account for the revenues received from federal, state and local grants. IMPROVEMENT DISTRICTS — To account for taxes levied within municipal service taxing districts to provide for specified improvements and/or the maintenance of such improvements. FIRE CONTROL DISTRICTS — To account for taxes levied within municipal service taxing districts for fire prevention and control. LIGHTING DISTRICTS — To account for taxes levied within municipal service taxing district for street lighting. 911 ENHANCEMENT FEE — To account for fees levied on each telephone access line in the County for the enhancement of the 911 emergency telephone system. PUBLIC RECORDS MODERNIZATION — To account for the statutory surcharge on recording documents to be paid to the Clerk of the Circuit Court for the modernization of the Clerk's official records management system. TOURIST DEVELOPMENT —To account for the 4% tourist development tax. STATE HOUSING INITIATIVE PARTNERSHIP — To account for state revenues received to provide affordable residential housing for very low to moderate income persons and those who have special housing needs. 800 MHZ INTERGOVERNMENTAL RADIO COMMUNICATIONS PROGRAM FUND — To account for moving traffic violation surcharges received to fund the County's intergovernmental radio communications program. STATE COURT ADMINISTRATION — To account County monies used to fund the operation of the court system. CONFISCATED PROPERTY — To account for the accumulation and expenditure of proceeds from the sale of property confiscated by the sheriff. GAC LAND SALES, ROADS AND CANALS — To account for principal and settlement fees received from a 1977 settlement with GAC Properties, Inc., and interest thereon to be expended for the restoration and maintenance of roads, facilities and drainage improvements in the Golden Gate Estates area. Special Revenue Funds - Continued UTILITY FEE — To account for fees to be used to effectively and efficiently regulate private water and wastewater utilities operating within the unincorporated areas of Collier County and the City of Marco Island. CONSERVATION COLLIER — To account for the acquisition and management of environmentally sensitive lands. IMPACT FEE ESCROW — To account for impact fees relating to certain projects under construction until permits are issued. COURT INFORMATION TECHNOLOGY FEE — To account for the accumulation of resources to enhance and increase access to court information. COURT SERVICES — To account for the accumulation of revenues associated with the function of the local court system. UNIVERSITY EXTENSION — To account for fund accumulation to meet the educational goals of the Collier County OF /1FAS extension. OTHER SPECIAL REVENUE FUNDS — To account for the accumulation of resources for the following programs: Miscellaneous Florida Statutes Fee Collections Adoption Awareness Teen Court Animal Control Public Library Law Library Inmate Welfare County Drug Abuse Law Enforcement Training Euclid and Lakeland Assessment Legal Aid Society Federal Equitable Sharing Domestic Violence Juvenile Assessment Center Diver Education Crime Prevention Freedom Memorial Debt Service Funds GAS TAX REVENUE BONDS — To account for the accumulation of resources and payments of interest and principal on long -term debt incurred in the refunding of the 1986 Road Improvement Revenue Bonds. CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2003 — To account for the accumulation of resources and payment of interest and principal on long -term debt incurred in the construction of the County jail complex, general government improvements and parking garage. POOLED COMMERCIAL PAPER PROGRAM — To account for the accumulation of resources and payment of interest and principal on the Commercial Paper loan program. CARIBBEAN GARDENS LOAN — To account for the accumulation of resources and payment of interest and principal on long -term debt incurred in the acquisition of Caribbean Gardens. Debt Service Funds - Continued CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2002 — To account for the accumulation of resources and payment of interest and principal on long -term debt incurred for voting machine purchase, general government improvements, jail improvements and parks land purchases. STORMWATER IMPROVEMENT ASSESSMENT BONDS — To account for the accumulation of resources and payment of interest and principal on long -term debt incurred in the refunding of the Commercial Paper loans. CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2005 — To account for the accumulation of resources and payment of interest and principal on long -term debt incurred for construction of government facilities. LIMITED GENERAL OBLIGATION BONDS, CONSERVATION COLLIER, SERIES 2005A To account for the accumulation of resources and payment of interest and principal on long -term debt incurred for the acquisition of environmentally sensitive lands. Capital Project Funds COUNTY -WIDE CAPITAL IMPROVEMENTS — To account for Capital Projects, designated by The Board of County Commissioners, to be funded by a County -wide one third mil levy. PARKS EVIPROVEMENTS — To account for the expenditure of funds raised specifically for improvements to parks. Projects include land acquisition, design, construction and equipping of certain Community Park sites in the unincorporated areas of the County. Primary funding is ad valorem taxes. COUNTY -WIDE LIBRARY — To account for the receipt and expenditure of library impact fees collected from all qualifying new construction. These impact fees must be used for acquisition of County -wide library facilities. CORRECTIONAL FACILITIES IMPACT FEES — To account for the receipt and expenditure of correctional facilities impact fees collected from all qualifying new construction. The impact fee must be used for the acquisition/construction of correctional facilities. EMERGENCY MEDICAL SERVICES IMPACT FEES — To account for the receipt and expenditure of emergency medical service impact fees collected from all qualifying new construction. The impact fees must be used for acquisition/construction of emergency service facilities. WATER MANAGEMENT — To account for the receipt and expenditure of funds raised specifically for water management purposes. Primary funding is ad valorem taxes. GOVERNMENT FACILITIES IMPACT FEES — To account for the receipt and expenditure of government facilities impact fees collected from qualifying new construction. The impact fees must be used for the acquisition/construction of park facilities. PARKS IMPACT DISTRICTS — To account for the receipt and expenditure of parks impact fees collected from all qualifying new construction. The impact fees must be used for the acquisition/construction of park facilities. OTHER CAPITAL PROJECTS — To account for major capital expenditure financed from resources other than proceeds from the issuance of long -term debt and the one third mil levy. LAW ENFORCEMENT IMPACT FEES — To account for the receipt and expenditure of law enforcement impact fees collected from all qualifying new construction. The impact fee must be used for the acquisition/construction of law enforcement related facilities. 13A ,01, COLLIER COUNTY, FLORIDA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS SEPTEMBER 30, 2007 Special Revenue Funds ed orted in: mesery , rep Special revenue funds 3,754,369 9,917,784 8,683,915 3,164,255 2,120,892 Debt service funds - - - _ Capital projects funds - - - - Total fund balances 4,043,728 14,391,948 8,812,453 3,195,951 3,910,209 Total liabilities and fund balances $ 5,068,308 $ 19,598,436 $ 10,199,555 $ 3,500,925 $ 7,541,838 See accompanying independent auditor's report 70 Water Management G Grants and Road U Unincorporated C Community a and Pollution S Shared Districts A Area MSTD D Development C Control R Revenues ASSETS Cash, cash equivalents and investments $ $ 4,470,268 $ $ 18,197,925 $ $ 9,965,362 $ $ 3,209,124 $ $ 4,517,035 Receivables: - 1 113,357 2 21,814 1 12,914 Interest - - - 453,523 7 74,062 3 3,598 8 8,306 - - - - - 2 244,333 Notes - - - Special assessments - - - - - - 57,521 1 10,322 Due from other governments 5 559,873 4 471,250 4 46,774 2 208,868 2 2,748,928 Inventory Advances to other funds Prepaid costs - - - - T Total assets $ $ 5,068,308 $ $ 19,598,436 $ $ 10,199,555 $ $ 3,500,925 $ $ 7,541,838 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable 6 610,647 4 4,282,560 1 121,325 2 218,790 4 434,872 Wages payable 4 413,672 4 429,820 4 433,363 8 85,349 5 51,232 Due to other funds 2 215 2 23,368 2 26,690 8 835 1 1,322,620 Due to other governments 1 16 3 3,163 7 798,177 - - 6 607 Due to individuals - - - - 5 540 - - - - Deferred revenues 3 - - - 7 7,007 - - - - Retainagepayable - - 9 94,835 - - - - - - Advances from other funds - - " " Total liabilities 1 1,024,580 5 5,206,488 1 1,387,102 3 304,974 3 3,631,629 Fund balances: Reserved for: Encumbrances 2 289,359 4 4,474,164 1 128,538 3 31,696 1 1,789,317 Inventory - - - - Advances to other funds Prepaid costs Debt service - - - - - - U e mesery , rep Special revenue funds 3,754,369 9,917,784 8,683,915 3,164,255 2,120,892 Debt service funds - - - _ Capital projects funds - - - - Total fund balances 4,043,728 14,391,948 8,812,453 3,195,951 3,910,209 Total liabilities and fund balances $ 5,068,308 $ 19,598,436 $ 10,199,555 $ 3,500,925 $ 7,541,838 See accompanying independent auditor's report 70 70 13A Special Revenue Funds $ 12,302,741 $ 1,119,000 $ 695,737 $ 4,450,159 153,478 15,102 9,061 61,108 2,724 198 110 159 96,948 41,555 6,753 - 18,635 16,000 - 349,650 - 218 - $ 9,773,152 $ 21,705,993 $ 4,743,109 - - 61,095 - 616,575 13,412 - 743,013 - 876,648 12 2,655,376 $ 12,574,526 $ 1,192,073 $ 711,661 $ 4,861,076 $ 9,773,164 $ 25,854,592 $ 5,560,629 288,198 56,502 47,563 - State Fire 911 Public Housing Improvement Control Lighting Enhancement Records Tourist Initiative Districts Districts Districts Fee Modernization Development Partnership $ 12,302,741 $ 1,119,000 $ 695,737 $ 4,450,159 153,478 15,102 9,061 61,108 2,724 198 110 159 96,948 41,555 6,753 - 18,635 16,000 - 349,650 - 218 - $ 9,773,152 $ 21,705,993 $ 4,743,109 - - 61,095 - 616,575 13,412 - 743,013 - 876,648 12 2,655,376 $ 12,574,526 $ 1,192,073 $ 711,661 $ 4,861,076 $ 9,773,164 $ 25,854,592 $ 5,560,629 288,198 56,502 47,563 - - 1,310,971 150,470 17,027 90,119 3,481 - - 56,726 7,042 18,159 - - 47,477 358,000 89,257 61 - 1,636 - - - - - 3,200 16,000 - - - - 3,665,789 62,500 - - - - - - - - - - - 19,096 - 200,000 - 165,565 589,084 164,257 51,044 47,477 358,000 1,641,615 3,823,362 369,415 1,975 4,596 - - 1,128,214 121,110 - 218 - - - 11,616,027 1,025,623 656,021 4,813,599 9,415,164 23,084,763 1,616,157 11,985,442 1,027,816 660,617 4,813,599 9,415,164 24,212,977 1,737,267 $ 12,574,526 $ 1,192,073 $ 711,661 $ 4,861,076 $ 9,773,164 $ 25,854,592 $ 5,560,629 (Continued) 71 13A COLLIER COUNTY, FLORIDA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS SEPTEMBER 30, 2007 ASSETS Cash, cash equivalents and investments Receivables: Interest Trade, net Notes Special assessments Due from other funds Due from other governments Inventory Advances to other funds Prepaid costs Total assets LIABiLrrIES AND FUND BALANCE Liabilities: Accounts payable Wages payable Due to other funds Due to other governments Due to individuals Deferred revenues Refundable deposits Retainage payable Advances from other funds Total liabilities Fund balances: Reserved for: Encumbrances Inventory Advances to other funds Prepaid costs Debt service Unreserved, reported in: Special revenue funds Debt service funds Capital projects funds Total fund balances Total liabilities and fund balances See accompanying independent auditor's report Special Revenue Funds 800 MHZ GAC Land IRCP State Court Confiscated Sales, Roads Utility Fund Administration Property and Canals Fee $ 462,977 $ 79,484 $ 654,003 $ 1,492,746 $ 585,923 8,158 18,839 - 8,243 5,710 - - 36,754 235,263 - - 1,680 - ' 282,391 $ 472,900 $ 320,457 $ 662,161 $ 1,793,976 $ 622,677 148,752 118,311 - 372 - 68,345 - - 5,487 282,391 148,752 186,656 - 282,391 5,859 324,148 133,801 662,161 1,511,585 616,818 32 4,148 133 >801 662,161 1,511,585 616,818 $ 472,900 $ 320,457 $ 662,161 $$ 1,793,976 $ 622,677 72 13A 565,424 - 935,501 9,862,032 22,723 - - _ _ _ 218 - 30,656 484,617 79,322 3,877,587 113,893,835 25,494,305 646,068 164,198 25,517,028 646,068 164,198 - 30,656 1,050,041 79,322 4,813,088 123,756,085 $ 145,492,241 $ 25,552,060 $ 1,653,192 $ 506,291 $ 834,069 $ 30,656 $ 1,050,041 $ 79,322 $ 5,477,656 (Continued) 73 201,778 S ecial Revenue Funds 26,426 136,967 _ - 2,164 1,672,418 8,591 - - 460,472 2,347,986 15 - 817 _ _ - 154 Other _ 342,093 696,285 - _ 540 - Court 6,162,450 Special _ Conservation Impact Fee Court Information Court University Extension Facilities Fee Affordable S Revenue Funds Total Collier Escrow Technology Services 21,736,156 35,032 1,007,124 342,093 834,069 - _ $ 1,653,192 $ 140,277 $ 808,369 $ 30,656 $ 1,031,033 $ 79,322 $ 5,406,034 $ 132,603,698 $ 25,030,077 _ 11,715 - 24,324 822,110 311,145 - _ 7293 - 10,663 1,288,922 1,411 - 8,014 - _ _ 987,346 _ - - _ _ 36,635 2,404,810 209,427 - 358,000 - - _ 7,102,746 _ _ 25,700 - _ 282,609 $ 506,291 $ 834,069 $30,656 $ 1,050,041 $$ 79,322 $ 5,477,656 $ 145,492,241 $ 25,552,060 $$ 1,653.192 565,424 - 935,501 9,862,032 22,723 - - _ _ _ 218 - 30,656 484,617 79,322 3,877,587 113,893,835 25,494,305 646,068 164,198 25,517,028 646,068 164,198 - 30,656 1,050,041 79,322 4,813,088 123,756,085 $ 145,492,241 $ 25,552,060 $ 1,653,192 $ 506,291 $ 834,069 $ 30,656 $ 1,050,041 $ 79,322 $ 5,477,656 (Continued) 73 201,778 8,154,504 26,426 136,967 _ - 2,164 1,672,418 8,591 - - 460,472 2,347,986 15 - 817 _ _ - 154 1,842,131 _ 342,093 696,285 - _ 540 - _ _ 6,162,450 _ _ _ _ _ 1,076,631 1,007,124 _ _ _ - 113,931 _ - - _ _ 365,565 " ---- - 664,568 21,736,156 35,032 1,007,124 342,093 834,069 - _ 565,424 - 935,501 9,862,032 22,723 - - _ _ _ 218 - 30,656 484,617 79,322 3,877,587 113,893,835 25,494,305 646,068 164,198 25,517,028 646,068 164,198 - 30,656 1,050,041 79,322 4,813,088 123,756,085 $ 145,492,241 $ 25,552,060 $ 1,653,192 $ 506,291 $ 834,069 $ 30,656 $ 1,050,041 $ 79,322 $ 5,477,656 (Continued) 73 ASSETS Cash, cash equivalents and investments Receivables: Interest Trade, net Notes Special assessments Due from other funds Due from other governments Inventory Advances to other funds Prepaid costs Total assets LIABILITIES AND FUND BALANCES Liabilities: Accounts payable Wages payable Due to other funds Due to other governments Due to individuals Deferred revenues Refundable deposits Reminage payable Advances from other funds Total liabilities Fund balances: Reserved for: Encumbrances Inventory Advances to other funds Prepaid costs Debt service Unreserved, reported in: Special revenue funds Debt service funds Capital projects funds Total fund balances Total liabilities and fund balances See accompanying independent auditor's report COLLIER COUNTY, FLORIDA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS SEPTEMBER 30, 2007 Funds 13A 28,766 210,858 44,199 36,620 $ 4,891,154 $ 133,865 $ 109,915 $ 1,108,391 $ 9,942 26,524 26,524 4,216,608 - - - 674,546 Capital Pooled 1,108,391 Capital Gas Tax Improvement Commercial 1,108,391 Improvement Revenue Revenue Bonds Paper Caribbean Revenue Bonds Bonds Series 2003 Program Gardens Loan Series 2002 $ 4,830,774 $ 106,781 $ 36,797 $ 852,866 $ 9,810 60,380 27,084 153 8,047 132 28,766 210,858 44,199 36,620 $ 4,891,154 $ 133,865 $ 109,915 $ 1,108,391 $ 9,942 26,524 26,524 4,216,608 - - - 674,546 107,341 109,915 1,108,391 9,942 4,891,154 107,341 109,915 1,108,391 9,942 $ 4,891,154 $ 133,865 $ 109,915 $ 1,108,391 $ 9,942 74 13A i'm Debt Service Funds Capital Projects Funds Stormwater Capital Limited General $ 17,976,489 7,206 972 Improvement Improvement Obligation Bonds Community County-Wide Assessment Revenue Bonds Conservation Collier Redevelopment Capital Parks Bond Series 2005 Series 2005A Line of Credit Total Improvements Improvements - - - - 80,819 921 - - - $ 524,081 $ 78,943 $ 4,258 $ 4 $ 6,444,314 $ 31,173,405 $ 17,976,489 7,206 972 54 - 104,028 - - - - - - - - 2,778 453,671 - - - 453,671 - - 1,153 - - - 240,777 - 43,452 - - - - 80,819 921 - - - - - - 3,426,500 - - - 2,064 - $ 986,111 $ 79,915 $ 4,312 $ 4 $ 7,323,609 $ 34,602,890 $ 18,022,719 - - - - 26,524 5,694,499 532,879 - - - - - 4,347 - 6,000 - - - 6,000 2,373 4,011 453,671 - - - 453,671 252,460 - - - - - - 327,690 500 459,671 - - 486,195 6,281,369 537,390 - - - - - 28,831,479 994,176 - - - - - 3,426,500 - - - - - - 2,064 - - - - - 4,216,608 - - 526,440 79,915 4,312 4 2,620,806 - - - - - (3,938,522) 16,491,153 526,440 79,915 4,312 4 6,837,414 28,321,521 17,485,329 $ 986,111 $ 79,915 $ 4,312 $ 4 $ 7,323,609 $ 34,602,890 $ 18,022,719 (Continued) 75 13A COLLIER COUNTY, FLORIDA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS SEPTEMBER 30, 2007 Capital Projects Funds LIABILITIES AND FUND BALANCES Counry -Wide Correctional Emergency Government 691,025 Library Facilities Medical Services Water Facilities - Impact Fees Impact Fees Impact Fees Management Impact Fees ASSETS - Due to other governments - - - Cash, cash equivalents and investments $ 3,561,940 $ 4,540,256 $ 2,405,369 $ 13,628,352 $ 60,208,217 Receivables: - 262,645 - 3,100 7814 _ Interest Trade, net - 1,849 583 390 104,234 1,252 Notes 443,012 226,391 171,464 - 137,111 Special assessments - - - - 6,834 - Due from other funds Due from other governments - 20,605 - 125,851 11,296 80,000 51,395 Inventory 4,027,406 $ 4,893,081 $ 2,588,519 $ 13,827,234 $ 60,397,975 Advances to other funds Prepaid costs - - - Total assets $ 4,027,406 $ 4,893,081 $ 2,588,519 $ 13,827,234 $ 60,397,975 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable 691,025 569,830 735,072 647,598 6,930,340 Wages payable - - - 30 - Due to other funds 68 - - - Due to other governments - - - Prepaid costs Due to individuals Deferred revenues - 443,012 - 226,390 171,464 - 137,111 Refundable deposits Retainage payable - 262,645 - 56,355 3,100 - 1,046,374 Advances from other funds 1,429,100 - 344,500 - 2,129,400 Total liabilities 2,825,850 852,575 1,254,136 647,628 10,243,225 Fund balances: Reserved for: Encumbrances 6,039,722 1,237,232 1,691,539 1,560,763 64,229,739 Inventory - Advances to other funds - - - Prepaid costs -_ _ Debt service - - Umeserved, reported in: Special revenue funds - - - - Debt service funds Capital projects funds (4,838,166) 2,803,274 (357,156) 11,618,843 (14,074,989) Total fund balances 1,201,556 4,040,506 1,334,383 13,179,606 50,154,750 Total liabilities and fund balances $ 4,027,406 $ 4,893,081 $ 2,588,519 $ 13,827,234 $ 60,397,975 See accompanying independent auditor's report 76 Capital Projects Funds I $ 22,910,612 $ 16,054,216 $ 5,890,560 $ 178,349,416 $ 317,397,428 - - - Total Parks Law Other Nonmajor Impact Enforcement Capital Governmental Districts Impact Fees Projects Total Funds - - 67,917 67,917 $ 22,910,612 $ 16,054,216 $ 5,890,560 $ 178,349,416 $ 317,397,428 - - - 7,814 933,952 10,742 526 9,090 131,444 1,420,366 2,188,928 22,086 - 3,188,992 4,176,338 - - 67,917 67,917 521,588 - - 1,062 51,348 2,696,935 293,018 - - 583,086 7,766,651 - - - - 282,609 - - 200,000 3,626,500 3,626,500 - - 2,064 2,064 $ 25,403,300 $ 16,076,828 $ 6,168,629 $ 186,008,581 $ 338,824,431 105,378 1,450,484 233,471 17,590,576 25,771,604 - - 43,606 47,953 1,720,371 - - 5,002 11,484 2,365,470 - - - - 1,842,131 - - - - 540 2,188,928 22,086 - 3,441,451 10,057,572 - - - - 1,076,631 306,781 391,850 11,007 2,406,302 2,520,233 22,802,213 2,837,600 - 6,740,600 7,106,165 2,601,087 4,702,020 293,086 30,238,366 52,460,717 651,406 11,038,797 2,392,989 118,667,842 128,529,874 - - - - 218 - - 200,000 3,626,500 3,626,500 - - - 2,064 2,064 - - - - 4,216,608 - - - - 113,893,835 - - - - 2,620,806 22,150807 336,011 3,282,554 33,473,809 33,473,809 22,802,213 11,374,808 5,875,543 155,770,215 286,363,714 $ 25,403,300 $ 16,076,828 $ 6,168,629 $ 186,008,581 $ 338,824,431 77 13A 13A COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Special Revenue Funds Expenditures: Water Current: General government - 7,236,344 9,091,819 Management Grants and Public safety Road Unincorporated Community and Pollution Shared Physical environment Districts Area MSTD Development Control Revenues Revenues: $ - $ 42,254,545 $ - S 2,380,927 $ - Taxes Licenses and permits 521,750 1,206,504 13,254,154 715 - Intergovernmental 2,486,310 500,316 - 166,913 9,164,975 Charges for services 145,836 2,507,618 3,416,797 407,232 53,764 Fines and forfeitures - 256 386,991 63,849 - 538,674 - 110,131 - 69,431 Interest income - Change in fair value 43,837 161,660 87,754 28,102 17,406 ofinvestments 21,340,301 46,519,104 19,811,680 4,913,862 8,771,018 Impact fees (18,127,054) 760,639 (2,455,503) 2,545,052 - Special assessments 15,258 198,260 58,798 88,033 157,834 Miscellaneous Miscellaneous Total revenues 3,213,247 47,279,743 17,356,177 5,727,105 9,463,410 Expenditures: Current: General government - 7,236,344 9,091,819 - 824,861 Public safety - 4,162,775 9,858,661 - 1,184,196 Physical environment - 607,348 576,713 3,142,749 35,329 Transportation 19,653,986 10,313,371 - 1,554,850 - - 3,655,018 Economic environment - 190,919 _ - _ - 2,073,412 Human services ec reation Culture annd d recreation - - 10,800,218 - - 296,781 Debt service: 2,698,751 16,836,633 20,365,834 2,399,158 3,053,864 Principal - - 8,812,453 $ _ $ 3,910,209 Interest - Fiscal charges Capital outlay - 1,686,315 13,208,129 284,487 216,263 701,421 Total expenditures 21,340,301 46,519,104 19,811,680 4,913,862 8,771,018 Excess of revenues over (under) expenditures (18,127,054) 760,639 (2,455,503) 813,243 692,392 Other financing sources (uses): Loans issued - - Insurance proceeds 427,631 70,209 Payment to refunding bond escrow - 19,947,600 - 3,682,581 330,800 200,309 256,742 Transfers in Transfers out (903,200) (6,958,114) (9,428,678) (216,759) (92,789) Total other financing sources (uses) 1914727031 (3,205,324) (9,097,878) (16,450) 163,953 Net change fund balances 1,344,977 (2,444,685) (11,553,381) 796,793 856,345 Fund balances at beginning of year, as restated (See Note 17) 2,698,751 16,836,633 20,365,834 2,399,158 3,053,864 Fund balances at end of year $ 4,043,728 $ 14,391,948 $ 8,812,453 $ 3,195,951 $ 3,910,209 See accompanying independent auditor's report 78 13A Revenue Funds Improvement Districts Fire Control Districts Lighting Districts 911 Enhancement Fee Public Records Modernization Tourist Development State Housing Initiative Partnership 800 MHZ ICRP Fund $ 4,745,880 $ 3,559,270 $ 629,204 $ 2,300,980 $ - $ 14,228,566 $ - $ - 88,435 - - - - 3,677,102 4,045,300 - 163,760 35,184 - - 1,685,362 10,802 663,194 793,449 657,935 95,468 36,299 258,940 473,461 38,111 309,739 - 108,721 9,888 6,427 39,114 - 192,927 47,703 4,089 23,373 76 936 - - 76,351 93,192 301,752 5,788,104 3,699,886 672,866 2,599,034 2,158,823 18,223,859 5,159,128 1,099,290 - - - 2,380,229 - - _ 2,966,775 - 1,985,427 - - - 1,172,024 100,641 - - - - 2,760,911 - - 957,942 - 737,901 - _ _ - - - - - - 5,908,181 - 1,230,925 - - - - 5,134,644 68,989 - - _ - 25,562 - - - 9,848 - - 1,044,947 180,233 86,264 - 604,345 3,979,737 - 8,450 3,334,455 3,241,559 824,165 1,985427 2,984,574 11,885,140 5,908,181 1,180,474 2,453,649 458,327 (151,299) 613,607 (825,751) 6,338 719 (749,053) (81,184) 6,603 777,252 (799,836) 52,694 (108,010) 501,372 (170,877) - - 500,000 - 403,996 (1,925,779) - 155,700 (15,981) (55,316) 330,495 - 500,000 (1,521,783) 155,700 2,437,668 9,547,774 403,011 624,805 179,196 481,421 613,607 4,199,992 (325,751) 9,740,915 4,816,936 19,396,041 (749,053) 2,486,320 74,516 249,632 $ 11,985,442 $ 1,027,816 $ 660,617 $ 4,813,599 $ 9,415,164 $ 24,212,977 $ 1,737,267 $ 324,148 (Continued) 79 COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Special Revenue Funds 13A Vt4 Expenditures Current: General government 1,234,441 - GAC Land Public safety State Court Confiscated Sales, Roads Utility Conservation Physical environment Administration Property and Canals Fee Collier Revenues: $ - $ - $ - $ 158,430 $ 18,600,293 Taxes - Licenses and permits - - - 34'784 Intergovernmental - - - 67,100 Charges for services - = Fines and forfeitures 1,592,068 - 57,106 32,929 - 74,711 - - 1,648,641 Interest income - - Change in fair value 930 5,808 13,447 5,006 221,345 of investments Impact fees - 41,345 34,784 - _ Special assessments - - 53,374 182 189 Miscellaneous 9,331 - - Total revenues 1,602,329 95,843 88,158 230,718 20,470,468 Expenditures Current: General government 1,234,441 - Public safety 1,502,818 41,345 - - - - 186,860 590,452 Physical environment - Transportation - Economic environment - Human services - - - 34'784 Culture and recreation Debt service: Principal _ Interest and fiscal charges - - Fiscal charges - 63,579 - - - 12,754,750 Capital outlay Total expenditures 2,800,838 41,345 34,784 186,860 13,345,202 Excess of revenues over (under) expenditures (1,198,509) 54,498 53,374 43,858 7,125,266 Other financing sources (uses): Loans issued Insurance proceeds - - Payment to refunding bond escrow - _ - 208,527 Transfers in 939,614 - - - - - (5,446,606) Transfers out - Total other financing sources (uses) 939,614 - - - (5,238,079) Net change in fund balances (258,895) 54,498 53,374 43,858 1,887,187 Fund balances at beginning of year, as restated (See Note 17) 392,696 607,663 1,458,21 I 572,960 23,629,841 Fund balances at end of year $ 133,801 $ 662,161 $ 1,511,585 $ 616,818 $ 25,517,028 See accompanying independent auditor's report 80 13A Special Revenue Funds Other Court Court Special Impact Fee Information Court University Facilities Affordable Revenue Escrow Technology Services Extension Fee Housing Funds Total - 343,293 9,358,041 - - - 304,275 30,773,303 - - - - - - 885,939 - $ 88,858,095 ' - - - - - 21,751 15,004,874 ' - - - - - - 20,129,351 - 1,338,736 9,172,094 7,955 - 22,616 1,598,253 22,089,752 - - - - 1,068,590 - 381,980 3,486,735 - - 185,947 - 34,966 13 95,276 4,724,777 16,612 1,295 - 269 9,003 693 34,547 1,056,583 - - - - - - 2,545,052 - 11,693 56,000 1,244,075 2,335,333 16,612 1,340,031 9,358,041 19,917 1,112,559 79,322 3,375,882 160,230,552 - 343,293 9,358,041 - - - 304,275 30,773,303 - - - - - - 885,939 23,759,960 - - - 4,852 - - - 8,005,855 - - - - - - 1,000 33,219,050 ' - - - - - 9,754,118 - - - - - - 250,279 2,323,691 - - - - - - 4,300 17,501,652 - - - - - - 68,989 - - - - - - 35,410 - - 62,518 - 70,182 34,951,620 - 343,293 9,358,041 4,852 62,518 - 1,515,975 160,393,648 16,612 996,738 - 15,065 1,050,041 79,322 1,859,907 (163,096) - - - - (1,015,100) - - - - - - - (8,000) - - - 97,185 - (220,510) 504,443 28,054,372 (27,294,258) (1,015,100) - (8,000) (123,325) 1,264,557 16,612 (18,362) 629,456 182,560 - 7,065 1,050,041 - 23,59E 79,322 1,736,582 3,076,506 1,101,461 122,654,624 $ 646,068 $ 164,198 $ $ 30,656 $ 1,050,041 $ 79,322 $ 4,813,088 $ 123,756,085 (Continued) 81 13A COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest income Change in fair value of investments Impact fees Special assessments Miscellaneous Total revenues Expenditures: Current: General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Debt service: Principal Interest Fiscal charges Capital outlay Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses): Loans issued Insurance proceeds Payment to refunding bond escrow Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year, as restated (See Note 17) Fund balances at end of year See accompanying independent auditor's report Debt Capital Pooled Capital Gas Tax Improvement Commercial Improvement Revenue Revenue Bonds Papa Caribbean Revenue Bonds Bonds Series 2003 Program Gardens Loan Series 2002 11,161,222 $ - 237,654 962 583 112,134 5,131 42,988 359 109 7,525 94 280,642 1,321 692 11,280,881 5,225 6,305,000 1,380,000 4,040,000 12,565,000 2,830,000 8,273,540 1,899,756 323,894 1,181,267 1,648,862 4,641 28,707 8,187 5,919 2,183 14,583,181 3,308,463 4,372,081 13,752,186 4,481,045 (14,302,539) (3,307,142) (4,371,389) (2,471,305) (4,475,820) 37,372 (4,499,562) - - - 14,614,100 7,817,746 4,350,196 1,822,234 4,453,900 (2,436,400) - (298,984) - 14,614,100 881,784 4,387,568 1,523,250 4,453,900 311,561 (2,425,358) 16,179 (948,055) (21,920) 4,579,593 2,532,699 93,736 2,056,446 31,862 $ 4,891,154 $ 107,341 S. 109,915 $ 1,108,391 $ 9,942 RN 13A Debt Service Funds Capital Projects Funds Stormwater Capital Limited General Improvement Improvement Obligation Bonds Assessment Revenue Bonds Conservation Collier Bond Series 2005 Series 2005A - e - 34,690 15,221 631 4,493 692 39 125,645 164,828 15,913 670 Community 5,105,000 County -Wide - 36,075,000 Redevelopment 7,510,494 Capital Parks Line of Credit Total Improvements Improvements - e - $ 11,161,222 203,127 12,617,951 - - - 376,563 - - 1,304,296 9,898,650 _ - 1,558 300 4 407,010 - 34,252,600 - 56,299 277,610 157,801 - 125,645 - _ - 68,553 123,863 219,927 4 11,750,176 1,707,327 10,653,241 2,691,659 - 1,244,474 135,000 5,105,000 3,715,000 - 36,075,000 61,920 7,510,494 1,234,775 237,152 22,371,660 6,207 2,457 2,459 - 60,760 - - - 1,153 - 24,243,019 1,254,106 203,127 12,617,951 4,952,234 237,152 58,507,420 26,934,678 2,498,580 (38,299) (12,602,038) (4,951,564) (237,148) (46,757,244) (25,227,351) 8,154,661 - - - - 37,372 - - - (4,499,562) 1,153 12,613,400 4,933,300 237,152 50,843,181 35,068,700 3,173,752 (4,215) - - - (2,739,599) (816,100) (1,572,955) (3,062) 12,613,400 4,933,300 237,152 43,641,392 34,252,600 1,600,797 (41,361) 11,362 (18,264) 4 (3,115,852) 9,025,249 9,755,458 567,801 68,553 22,576 - 9,953,266 19,296,272 7,729,871 $ 526,440 $ 79,915 $ 4,312 $ 4 $ 6,837,414 $ 28,321,521 $ 17,485,329 (Continued) 83 COLLIER COUNTY, FLORIDA 1 COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Capital Projects Funds Expenditures Current: County-Wide Correctional Emergency _ 66,536 Government - Library Facilities Medical Services Water Facilities - Impact Fees Impact Fees Impact Fees Management Impact Fees Revenues: _ $ - $ $ Taxes $ - (1,953,300) (459,500) (61,193) _ Licenses and permits - (1,953,300) _ 2,280,000 - Intergovernmental " - 526,857 285 _ Charges for services 1,820 - - - 72,961,616 Fines and forfeitures - - Ill 42,889 4 Interest income 4 4 1,369,968 1,694,015 11,047,489 22,499,100 Change in fair value 30,852 41,855 21,383 119,363 532,872 ot investments Impact fees 1,129,140 2,144,644 648,174 - 3,370,394 458,023 - Special assessments _ 164,937 1,208 211,847 - Miscellaneous Miscellaneous - 1,161,816 2,351,440 670,876 3,112,407 3,903,270 Expenditures Current: _ _ 66,536 General government - 17,176 41,856 - Public safety - _ 1,484,938 - Physical environment - Payment to refunding bond escrow _ Transportation 9,673,062 Transfers in Transfers out Economic environment (1,953,300) (459,500) (61,193) (4,144,500) Human services - (1,953,300) 1,591,852 9,611,869 Culture and recreation 28,116 " (989,004) 526,857 Debt service: (22,806,866) Fund balances at beginning of year, as restated (See Note 17) 3,010,263 5,029,510 Principal - 72,961,616 Fund balances at end of year _ _ Interest 1,334,383 $ 13,179,606 $ 50,154,750 Fiscal charges Capital outlay - 5,020,572 1,369,968 1,694,015 11,047,489 22,499,100 Total expenditures 5,048,688 1,387,144 1,735,871 12,532,427 22,565,636 Excess of revenues over (under) expenditures (3,886,872) 964,296 (1,064,995) (9,420,020) (18,662,366) Other financing sources (uses): 2,051,352 - Loans issued 2,550,465 - Insurance proceeds Payment to refunding bond escrow - - 9,673,062 Transfers in Transfers out - (472,300) (1,953,300) (459,500) (61,193) (4,144,500) Total other financing Sources (uses) 21078,165 (1,953,300) 1,591,852 9,611,869 (4,144,500) Net change in fund balances (1,808,707) (989,004) 526,857 191,849 (22,806,866) Fund balances at beginning of year, as restated (See Note 17) 3,010,263 5,029,510 807,526 12,987,757 72,961,616 Fund balances at end of year $ 1,201,556 $ 4,040,506 $ 1,334,383 $ 13,179,606 $ 50,154,750 See accompanying independent auditor's report 84 l,4 Capital Projects Funds 13A - - - 2,758,195 33,531,498 - 9,880 - 68,912 23,828,872 Total Parks Law Other - - - - Nonmajor Impact Enforcement Capital 18,897,657 Governmental Districts Impact Fees Projects Total Funds - - $ - $ 100,019,317 - - - 376,563 15,381,437 - - - 13,482,946 33,612,297 600 - 63,059 67,622 22,157,374 - - - - 3,486,735 29 - - 43,041 5,174,828 203,661 140,256 52,819 1,578,472 2,691,354 6,670,382 835,657 39,975 14,838,366 14,838,366 - - 111,067 569,090 3,239,787 - - 467 722,249 3,057,582 6,874,672 975,913 267,387 31,678,349 203,659,077 - - - 2,758,195 33,531,498 - 9,880 - 68,912 23,828,872 - - 1,231,364 2,716,302 10,722,157 - - - - 33,219,050 - - - - 9,754,118 - - - - 2,323,691 123,415 - - 1,396,005 18,897,657 - - - - 36,143,989 - - - 22,407,070 - - - - 60,760 1,708,004 7,218,295 1,600,273 77,654,841 112,606,461 1,831,419 7,228,175 2,831,637 84,594,255 303,495,323 5,043,253 (6,252,262) (2,564,250) (52,915,906) (99,836,246) - 16,415,811 - 21,017,628 21,055,000 - - - - 504,443 - - - - (4,499,562) - 71,400 2,542,962 50,529,876 129,427,429 (3,784,700) (715,000) (4,453) (13,984,001) (44,017,858) (3,784,700) 15,772,211 2,538,509 57,563,503 102,469,452 1,258,553 9,519,949 (25,741) 4,647,597 2,633,206 21,543,660 1,854,859 5,901,284 151,122,618 283,730,508 $ 22,802,213 $ 11,374,808 $ 5,875,543 $ 155,770,215 $ 286,363,714 GM COLLIER COUNTY, FLORIDA COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (NON -GAAP) MAJOR CAPITAL PROJECT AND NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest income Impact fees Special assessments Miscellaneous Total revenues Expenditures: Current: General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Debt service Capital outlay Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses): Bands issued Loans issued Payment to refunding bond escrow Sale of capital assets insurance proceeds Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year See accompanying independent auditors' report . Reconciliation: Net change in fund balance, budgetary basis Change in fair value of investments Advances budgeted as transfers Unbudgeted funds Deferred revenues Net change in fund balance, GAAP basis 13 A ''l Road Impact Districts (Non -GAAP) Road Construction (Non -GAAP) Budget Actual Variance Budget Actual Variance 2,010,273 555,029 1,455,244 5,856,302 5,331,240 525,062 143,252,178 78,525,102 $ 15,779,300 $ 14,165,138 $ (1,614,162) - - - 6,179,300 10,823,451 4,644,151 - 337,684 337,684 15,746,655 928,141 (14,818,514) - 4,657 4,657 - 53,025 53,025 61,531,376 69,953,360 8,421,984 - - ' 6,980 6,980 1,934,552 1,793,243 (141,309) 61,531,376 70,302,681 8,771,305 39,639,807 27,762,998 (11,876,809) 2,010,273 555,029 1,455,244 5,856,302 5,331,240 525,062 143,252,178 78,525,102 64,727,076 215,446,157 85,897,888 129,548,269 145,262,451 79080,131 66,182,320 221,302,459 91,229,128 130,073,331 (83,731,075) (8,777,450) 74,953,625 (181,662,652) (63,466,130) 118,196,522 365,003 365,003 34,586,793 34,586,384 (409) (20,292,200) (20,292,200) - 365,003 365,003 14,294,593 14,294,184 (409) (83,731,075) (8,412,447) 75,318,628 (167,368,059) (49,171,946) 118,196,113 111,123 716 111,123,716 - 171,325,133 171,325,133 - $ 27,392,641 $ 102,711,269 $ 75,318,628 31 3,957,074 $ 122,153,187 $ 118,196,113 $ (8,412,447) $ (49,171,946) 1,111,847 1,226,491 $ (7,300,600) $ (47,945,455) 86 Road Districts (NonGAAP) Unincorporated Area MSTD (Non -GAAP) Budget Actual Variance Budget Actual Variance $ - $ - $ - $ 43,148,100 $ 42,254,545 $ (893,555) 600,500 521,750 (78,750) 1,231,300 1,206,504 (24,796) 1,852,600 2,391,893 539,293 61,300 500,316 439,016 104,929 240,253 135,324 2,693,300 2,507,618 (185,682) - - - 441,900 386,991 (54,909) 256 256 12,300 63,849 51,549 61,200 15,258 (45 942) 2,619,229 3,169,410 550,181 20,942,695 19,653,986 1,288,709 2,165,321 1,686,315 479,006 23,108,016 21,340,301 1,767,715 (20,488,787) (18,170,891) 2,317,896 12,000 427,631 415,631 19,947,600 19,947,600 - (903,200) (903,200) 264,993 12,073,018 10,313,371 1,759,647 1930561400 19,472,031 415,631 11,592,987 10,800,218 792,769 (1,432,387) 1,301,140 2,733,527 2,290,087 2,290,087 (Continued) 52,155,915 46,519,104 5,636,811 $ 857,700 $ 3,591,227 $ 2,733,527 $ 1,301,140 43,837 $ 1,344,977 73,997 198,260 124,263 47,662 197 47 118,083 (544,114) 8,028,806 7,236,344 792,462 4,258,400 4,162,775 95,625 872,341 607,348 264,993 12,073,018 10,313,371 1,759,647 249,200 190,919 58,281 11,592,987 10,800,218 792,769 15,081,163 13 208,129 1,873 034 (Continued) 52,155,915 46,519,104 5,636,811 (4,493,718) 5985979 5,092,697 40,000 70,209 30,209 9,748,896 8,963,381 (785,515) (13,322 614) (12,238,914) 1,083,700 (3,533,718) (3,205,324) 328,394 (8,027,436) (2,606,345) 5,421,091 15,511 920 15,511,920 $ 7,484,484 $ 12,905 575 $ 5,421,091 (Continued) M $ (2,606,345) 161,660 $ (2,444,685) 13A 13 A ' " COLLIER COUNTY, FLORIDA COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (NON -GAAP) MAJOR CAPITAL PROJECT AND NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Water Management Community Development (Non -GAAP) and Pollution Control (Non -GAAP) Budget Actual Variance Budget Actual Variance Revenues: $ - $ - $ - $ 2,470,800 $ 2,380,927 $ (89,873) Taxes Licenses and permits 21,139,500 13,254,154 (7,885,346) 800 715 (85) Intergovernmental - - 1,247,979 170,625 166,913 (3,712) Charges for services 4,436,600 3,416,797 (1,019,803) 362,450 407,232 44,782 Fines and forfeitures - 300,000 538,674 238,674 49,800 110,131 60,331 Interest income - - 1,569,823 1,554,850 14,973 Impact fees - _ - 2,636,600 2,545,052 (91,548) Special assessments _ 31,900 58,I98 26,898 - 88,033 88,033 Miscellaneous Total revenues 25,908,000 17,268,423 (8,639,577) 5,691,075 5,699,003 7,928 Expenditures: $ (11,641,135) $ 768,691 Change in fair value of investments 87,754 28,102 Advances budgeted as transfers Current: Unbudgeted funds - Deferred revenues Net change in fund balance, GAAP basis - $ (11,553,381) General government 10,339,798 9,091,819 1,247,979 Public safety 11,278,500 9,858,661 1,419,839 - - ' Physical environment 638,250 576,713 61,537 3,664,990 3,142,749 522,241 - - 1,569,823 1,554,850 14,973 Transportation - Economic environment - - Human services Culture and recreation Debt service Capital outlay - 538,516 284,487 254,029 411,029 216,263 194,766 Total expenditures 22,795,064 19,811,680 2,983,384 5,645,842 4,913,862 731,980 Excess of revenues over (under) expenditures 3,112,936 (2,543,257) (5,656,193) 45,233 785,141 739,908 Other financing sources (uses): _ Bonds issued Loans issued - Payment to refunding bond escrow - - Sale of capital assets - - - insurance proceeds - 1,128,800 1,025,467 (103,333) 142,788 200,309 57,521 Transfers in Transfers out (10,229,650) (10 123,345) 1062305 (328,800) (216,759) 112,041 Total other financing sources (uses) (9,100,850) (9,097,878) 21972 (186,012) (16,450) 169,562 Net change in fund balances (5,987,914) (11,641,135) (5,653,221) (140,779) 768,691 909,470 Fund balances at beginning of year 14,253,964 14,253,964 2,116,679 2,116,679 - Fund balances at end of year S 8,266,050 $ 2,612,829 $ (5,653,221) $ 1,975,900 $ 2,885,370 $ 909,470 See accompanying independent auditors' report Reconciliation: Net change in fund balance, budgetary basis $ (11,641,135) $ 768,691 Change in fair value of investments 87,754 28,102 Advances budgeted as transfers - Unbudgeted funds - Deferred revenues Net change in fund balance, GAAP basis - $ (11,553,381) $ 796,793 M Grants and Shared Revenues (Non -GAAP) Improvement Districts (Non -GAAP) Budget Actual Variance Budget Actual Variance 21,220,082 7,733,063 (13,487,019) 16,266 53,764 37,498 69,431 69,431 37,912 157,834 119,922 21,274,260 8,014,092 (13,260,168) 2,982,490 824,861 2,157,629 644,873 362,671 282,202 68,721 35,329 33,392 86,291 - 66,291 13,205,153 3,655,018 9,550,135 3,770,401 2,073,412 1,696,989 283,237 296,781 (13,544) 725,482 125,340 600,142 21,766,648 7,373,412 14,393,236 (492,388) 640,680 1,133068 261,924 206,924 (55,000) (92,789) (92,789) 169,135 114,135 (55,000) (323,253) 754,815 1,078,068 711,912 711,912 $ 388,659 $ 1,466,727 $ 1,078,068 $ 754,815 17,406 84,124 $ 856,345 $ 4,912,700 $ 4,745,880 $ (166,820) - 88,435 88,435 240,900 163,760 (77,140) 66,500 657,935 591,435 6,000 23,373 17,373 5,226,100 5,679,383 453,283 247,008 100,641 146,367 1,301,718 957,942 343,776 1,386,000 1,230,925 155,075 9,112,753 1,044,947 8,067,806 12,047,479 3,334,455 8,713,024 (6,82] 379) 2344,928 9,166,307 - 6,603 6,603 710,700 8,048,436 7,337,736 (805,900) (8,071,020) (7,265,120) (95200) (15,981) 79,219 (6,916,579) 2,328,947 9,245,526 17,676,008 16,179,308 (1,496,700) $ 10,759,429 $ 18,508,255 $ 7,748,826 (Continued) 89 $ 2,328,947 108,721 $ 2,437,668 13A 13A f� COLLIER COUNTY, FLORIDA COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (NON -GAAP) MAJOR CAPITAL PROJECT AND NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest income Impact fees Special assessments Miscellaneous Total revenues Expenditures: Current: General govemment Public safety Physical environment Transportation Economic environment Human services Culture and recreation Debt service Capital outlay Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses): Bonds issued Loans issued Payment to refunding bond escrow Sale of capital assets Insurance proceeds Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year See accompanying independent auditors' report . Reconciliation: Net change in fund balance, budgetary basis Change in fair value of investments Advances budgeted as transfers Unbudgeted funds Deferred revenues Net change in fund balance, GAAP basis Fire Control Districts (NOn-GAAP) lighting Districts (NOmGAAP) Budget Actual Variance Budget Actual Valiance S 3,684,000 $ 3,559,270 S (124,730) $ 656,200 $ 40,000 35,184 (4,816) - 15,100 95,468 80,368 9,600 200 76 629,204 $ (26,996) 36,299 26,699 936 936 3,739,300 3,689,998 (49,302) 665,800 666,439 639 3,156,000 2,966,775 189,225 980,000 737,901 242,099 95,000 94,551 449 - - 198,800 180,233 18,567 93,640 86,264 7,376 3,449,800 3,241,559 208,241 1,073,640 824,165 249,475 289,500 448,439 158,939 (407,840) (157,726) 250,114 266,100 296,494 30,394 486,600 501,372 14,772 (375,235) (351,810) 23,425 (179,800) (170,877) 8,923 (109,135) (55,316) 53,819 306,800 330,495 23,695 180,365 393,123 212,758 (101,040) 172,769 273,809 550,900 5501900 - 464,940 464,940 - $ 731,265 $ 944,023 S 212,758 S 363,900 S 637,709 $ 273,809 $ 393,123 $ 172,769 9,888 6,427 $ 403,011 $ 179,196 90 13A 911 Enhancement Fee (Non -GAAP) Public Records Modemization Budget Actual Variance Budget Actual Variance $ 3,214,500 $ 2,300,980 $ (913,520) $ - $ _ $ - 2,126,250 1,685,362 (440,888) 122,900 258,940 136,040 75,000 473,461 398,461 3,337,400 2,559,920 (777,480) 2,201 250 2,158,823 (42,427) - - - 3,781,700 2,380,229 1,401,471 2,043,100 1,985,427 57,673 - _ - - - 6,353,800 604,345 5,749,455 2,043,100 1,985,427 57,673 10,135,500 2,984,574 7,150,926 1,294,300 574,493 (719,807) (7,934,250) (825,751) 7,108,499 - - 1,000,000 500,000 (500,000) - - 1,000,000 500,000 (500,000) 1,294,300 574,493 (719,807) (6,934,250) (325,751) 6,608,499 4,264,500 4,264,500 7,875,850 7,875,850 $ 5,558,800 $ 4,838,993 =L__(2 19,807) 3 941,600 $ 7,550,099 $ 6,608,499 (Continued) $ 574,493 $ (325,751) 39,114 $ 613,607 91 COLLIER COUNTY, FLORIDA 13 A COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (NON -GAAP) MAJOR CAPITAL PROJECT AND NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Tourist Development (Non -GAAP) State Housing Initiative Partnership (Non -GAAP) 92 9 Budget Actual Variance Budget Actual Variance Revenues: Taxes $ 13,600,000 $ 14,228,566 $ 628,566 $ Licenses and permits Intergovemmental - 850,000 - 3,677,102 2,827,102 2,942,972 4,045,300 1,102,328 - 10,802 10,802 9,186,194 663,194 (8,523,000) Charges for services Fines and forfeitures - 1,500 - 38,111 36,611 - 309,739 309,739 Interest income Impact fees - _ _ - Special assessments - 29,400 - 76,351 46,951 - 93 192 93 192 Miscellaneous Total revenues 14,480,900 18,030,932 3,550,032 12,129,166 5,111,425 (7,017,741) Expenditures: Current: General government - - - - Public safety - Physical environment 3,350,655 2,760,911 589,744 - Transportation - _ 12,124,166 5,908,181 6,220,985 Economic environment - _ - Human services Culture and recreation - 7,453,820 5,134,644 2,319,176 - - Debt service - 9,848 (9,848) Capital outlay 6,143,996 3,979,737 2,164,259 - - - Total expenditures 16,948,471 11,885,140 5,063,331 12,129,166 5,908,181 6,220,985 Excess of revenues over (2,467,571) 6,1 45,792 8,613,363 (796,756) (796,756) (under) expenditures Other financing sources (uses): Bonds issued Loans issued Payment to refunding bond escrow Sale of capital assets Insurance proceeds - 844,000 1,365,814 521,814 - Transfers in Transfers out (2,617, 1 GOL (2,887,5972 (270,497) - - Total other financing sources (uses) (1,773,100) (1,521,783) 251,317 - - Net change in fund balances (4,240,671) 4,624,009 8,864,680 - (796,756) (796,756) Fund balances at beginning of year 13,937,729 13,937,729 - - Fund balances at end of year S 9,697,058 S 18,561,738 8 8,864,680 $ - $ (796,756) $ (796,756) See accompanying independent auditors' report . Reconciliation: Net change in fund balance, budgetary basis $ 4,624,009 $ (796,756) Change in fair value of investments 192,927 47,703 Advances budgeted as transfers - Unbudgeted funds - Deferred revenues " $ 4,816,936 $ (749,053) Net change in fund balance, GAAP basis 92 9 13A 800 MHZ IRCP Fund (Non -GAAP) State Court Administration (Non -GAAP) Budget Actual Variance Budget Actual Variance $ - $ $ _ $ _ $ 744,800 793,449 48,649 - _ - - - 1,962,000 1,592,068 (369,932) 151,100 301,752 150,652 9,331 9,331 895,900 1,095,201 199,301 1962,000 1,601,399 (360,601) - - - 1,572,732 1,234,441 338,291 1,137,000 1,172,024 (35,024) 1,661,600 1,502,818 158,782 - 8,450 (8,450) 248,400 63,579 184,821 1,137,000 1,180,474 (43,474) 3,482,732 2,800,838 681,894 (241,100) (85,273) 155,827 (1,520,732) (1,199,439) 321,293 155,700 155,700 - 1,424,900 939,614 (485,286) 155,700 155,700 - 1,424,900 939,614 (485,286) (85,400) 70,427 155,827 (95,832) (259,825) (163,993) 178,400 178,400 422,000 422,000 $ 93,000 $ 248,827 $ 155,827 $ 326,168 $ 162,175 $ (163,993) (Continued) $ 70,427 $ (259,825) 4,089 930 $ 74,516 93 COLLIER COUNTY, FLORIDA COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (NON -GAAP) MAJOR CAPITAL PROJECT AND NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest income Impact fees Special assessments Miscellaneous Total revenues Expenditures: Current General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Debt service Capital outlay Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses): Bonds issued Loans issued Payment to refunding bond escrow Sale of capital assets Insurance proceeds Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year See accompanying independent auditors' report. Reconciliation: Net change in fund balance, budgetary basis Change in fair value of investments Advances budgeted as transfers Unbudgeted funds Deferred revenues Net change in fund balance, GAAP basis 13A Confiscated Property (Non -GAAP) GAC Land Sales Roads and Canals (Non -GAAP) Budget Actual Variance Budget Actual Variance 57,106 57,106 - - - 32,929 32,929 32,000 74,711 42,711 90,035 32,000 74,711 42,711 42,000 41,345 655 35,723 34,784 939 42,000 41,345 655 35,723 34,784 939 (42,000) 48,690 90,690 (3,723) 39,927 43,650 (55,000) - 55,000 - - - (55,000) - 55,000 - (97,000) 48,690 145,690 (3,723) 39,927 43,650 515,400 515,400 - 1,422,100 1,422,100 - $ 418,400 $ 564,090 $ 145,690 $ 1,418,377 $ 1,462,027 $ 43,650 $ 48,690 5,808 $ 54,498 94 $ 39,927 13,447 $ 53,374 13A Utility Fees (Non -GAAP) 15,040 Conservation Collier (NonGAAP) 294,914 2,800 _ Budget Actual Variance Budget Aclual Variance 204,700 $ 120,000 $ 158,430 $ 38,430 S 19,302,800 $ 18,600,293 $ (702,507) 98,700 67,100 (31,600) - - - - - - 100,000 1,648,641 1,548,641 - 182 182 - 189 189 218,700 225,712 7,012 19,402,800 20,249,123 846,323 201,900 186,860 15,040 885,366 590,452 294,914 2,800 - 2,800 16,001,500 12,754,750 3,246,750 204,700 186,860 17,840 16,886,866 13,345,202 3,541,664 14,000 38,852 24,852 2,515,934 6,903,921 4,387,987 - - - 2,750,700 2,959,227 208,527 (8,434,900) (8,197,306) 237,594 - - (5,684,200) (5,238,079) 446,121 14,000 38,852 24,852 (3,168,266) 1,665,842 4,834,108 534,500 - (534,500) 20,499,300 20,499,300 $ 548,500 $ 38,852 $ (509,648) $ 17,331,034 $ 22,165,142 S 4,834,108 (Continued) $ 38,852 $ 1,665,842 5,006 221,345 $ $ 1,887,187 43,858 95 COLLIER COUNTY, FLORIDA COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (NON -GAAP) MAJOR CAPITAL PROJECT AND NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest income Impact fees Special assessments Miscellaneous Total revenues Expenditures: Current: General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Debt service Capital outlay Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses): Bonds issued Loans issued Payment to refunding bond escrow Sale of capital assets Insurance proceeds Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year See accompanying independent auditors' report . Reconciliation: Net change in fund balance, budgetary basis Change in fair value of investments Advances budgeted as transfers Unbudgeted funds Deferred revenues Net change in fund balance, GAAP basis 13A Court Information Technology Fee (Non -GAAP) Court Services Budget Actual Variance Budget Actual Variance $ $ $ $ 1,950,000 1,338,736 (611,264) 10,007,002 9,172,094 (834,908) 149,800 185,947 36,147 1,950,000 1,338,736 (611,264) 10,156,802 9,358,041 (798,761) 1,200 343,293 (342,093) 10,156,802 9,358,041 798,761 1,200 343,293 (342,093) 10,156,802 9,358,041 798,761 1,948,800 995,443 (953,357) (1,883,200) (1,015,100) 868,100 - (1,883,200) (1,015,100) 868,100 65,600 (19,657) (85,257) - - - 356,900 356,900 - - - $ 422,500 $ 337,243 $ (85,257) $ - $ - $ - $ (19,657) 1,295 $ (18,362) 96 9 13A University Extension (Non -GAAP) Court Facilities Fee (Non -GAAP) 62,518 975,482 Budget Actual Variance Budget Actual Variance 56,000 14,796 (41,204) 62,000 1,041,038 979,038 - 7,955 7,955 - - - - - - 1,100,000 1,068,590 (31,410) - - - - 34,966 34,966 109,500 11 ,693 (97,807) 109,500 19,648 (89,852) 1,100,000 1,103,556 3,556 44,500 4,852 39,648 9,000 - 9,000 1,038,000 62,518 975,482 53,500 4,852 48,648 1,038,000 62,518 975,482 56,000 14,796 (41,204) 62,000 1,041,038 979,038 (8,000) (8,000) - - (8,000) (8,000) 48,000 6,796 (41,204) 62,000 1,041,038 979,038 5,100 5,100 $ 53,100 $ 11,896 $ (41,204) $ 62,000 $ 1,041,038 $ 979,038 (Continued) $ 6,796 $ 1,041,038 269 9,003 $ 7,065 $ 1,050,041 97 COLLIER COUNTY, FLORIDA COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (NON -GAAP) MAJOR CAPITAL PROJECT AND NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 13A Other Special Revenue Funds (Non -GAAP) Gas Tax Revenue Bonds (Non -GAAP) Budget Actual Variance Budget Actual Variance Revenues: - Taxes $ 268,573 Change in fair value of investments Curren Licenses and permits 25,000 21,751 (3,249) Intergovernmental 20,000 - (20,000) - - Charges for services 687,000 946,671 259,671 Fines and forfeitures 350,500 3,158 381,980 91,385 31,480 - - 88,227 25,000 237,654 212,654 Interest income - - Impact fees - - Special assessments - - - Miscellaneous 93,263 1,102,143 1,008,880 - - _ Total revenues 1,178,921 2,543,930 1,365,009 25,000 237,654 212,654 Expenditures: Reconciliation: Net change in fund balance, budgetary basis S 1,592,951 $ 268,573 Change in fair value of investments Curren 42,988 Advances budgeted as transfers - Unbudgeted funds 109,785 General government 316,100 304,275 11,825 Public safety 306,100 225,800 80,300 - - Physical environment - - Transportation - 1,000 (1,000) - - Economic environment - - - Human services 356,200 250,279 105,921 - - - Culture and recreation 50,048 4,300 - 45,748 - - 14,595,100 - 14,583,181 - 11,919 Debt service - Capital outlay 134,400 42,000 92,400 - - Total expenditures 1,162,848 827,654 335,194 14,595,100 14,583,181 11,919 Excess ofrevenues over 16,073 1,716,276 1,700,203 (14 570,100) (14 345,527) 224,573 (under) expenditures Other financing sources (uses): Bonds issued - - Loans issued Payment to refunding bond escrow - - Saleofcapitalassets - - - insurance proceeds 80,000 97,185 17,185 14,614,100 14,614,100 - Transfers in Transfers out (329,100) (220,510) 108,590 - ' Total other financing sources (uses) (249,100) (123,325) 125,775 14,614,100 14,614,100 - Net change in fund balances (233,027) 1,592,951 1,825,978 44,000 268,573 224,573 Fund balances at beginning of year 1,020,727 1,020,727 4,473,000 4,473,000 - Fund balances at end of year S 787,700 $ 2,613,678 S 1,825,978 $ 4,517,000 $ 4,741,573 $ 224,573 See accompanying independent auditors' report. Reconciliation: Net change in fund balance, budgetary basis S 1,592,951 $ 268,573 Change in fair value of investments 33,846 42,988 Advances budgeted as transfers - Unbudgeted funds 109,785 - Deferred revenues Net change in fund balance, GAAP basis - $ 1,736,582 S 311,561 Wj 13A Capital Improvement Revenue Bonds, Pooled Commercial Series 2003 (Non -GAAP) Paper Program (Non -GAAP) Budget Actual Variance Budget Actual Variance - 962 962 500 583 83 - 962 962 500 583 83 3,325,083 3,308,463 16,620 9,221,900 4,372,081 4,849,819 3,325,083 3,308,463 16,620 9,221,900 4,372,081 4,849,819 (3,325,083) (3,307,501) 17,582 (9,221,400) (4,371,498) 4,849,902 - - - - 37,372 37,372 (4,499,600) (4,499,562) 38 _ - - 7,817,750 7,817,746 (4) 9,169,200 4,350,196 (4,819,004) (2,441,900) (2,436,400) 5,500 876,250 881,784 5,534 9,169200 4,387,568 (4,781,632) (2,448,833) (2,425,717) 23,116 (52,200) 16,070 68,270 6,898,500 6,898,500 - 52,200 52,200 $ 4,449,667 $ 4,472,783 $ 23,116 $ - $ 68,270 $ 68,270 (Continued) $ (2,425,717) $ 16,070 359 109 $ (2,425,358) $ 16,179 99 COLLIER COUNTY, FLORIDA COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (NON -GAAP) MAJOR CAPITAL PROJECT AND NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest income Impact fees Special assessments Miscellaneous Total revenues Expenditures: Current General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Debt service Capital outlay Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses): Bonds issued Loans issued Payment to refunding bond escrow Sale of capital assets Insurance proceeds Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year See accompanying independent auditors' report, Reconciliation: Net change in fund balance, budgetary basis Change in fair value of investments Advances budgeted as transfers Unbudgeted funds Deferred revenues Net change in fund balance, GAAP basis 13A Capital Improvement Revenue Bonds, Caribbean Gardens Loan (Non -GAAP) Series 2002 (Non -GAAP) Budget Actual Variance Budget Actual Variance $ 11,581,700 $ 11,161,222 $ (420,478) $ 112,134 112,134 S - $ 5,900 5,131 (769) 11,581,700 11,273,356 (308,344) 55900 5,131 (769) 14,275,276 13,752,186 523,090 4,485,100 4,481,045 4,055 14,275,276 13,752,186 523,090 4,485,100 4,481,045 4,055 (2,693,576) (2,478,830) 214,746 (4,479,200) (4,475,914) 3,286 1,611,376 1,822,234 210,858 4,459,400 4,453,900 (5,500) (340,700) (298,984) 41,716 - - 1,270,676 1,523,250 252,574 4,459,400 4,453,900 (5,500) (1,422,900) (955,580) 467,320 (19,800) (22,014) (2,214) 2,002,000 2,002,000 - 19,800 19,800 $ 579,100 $ 1,046,420 $ 467,320 $ - $ (2,214) $ (2,214) $ (955,580) $ (22,014) 7,525 94 $ (948,055) $ (21,920) 100 13A Storrnwater Improvement Capital Improvement Revenue Bonds, Assessment Bond (Non -GAAP) Series 2005 (Non -GAAP) Budget Actual Variance Budget Actual Variance $ - $ 5,000 34,690 29,690 - 15,221 15,221 110,000 125,645 15,645 115,000 160,335 45,335 15,221 15,221 208,000 203,127 4,873 12,620,100 12,617,951 2,149 208,000 203,127 4,873 12,620,100 12,617,951 2,149 (93,000) (42,792) 50,208 (12,620,100) (12,602,730) 17,370 - 1,153 1,153 12,613,400 12,613,400 - (7,500) (4,215) 3,285 (7,500) (3,062) 4,438 12,613,400 12,613,400 (100,500) (45,854) 54,646 (6,700) 10,670 17,370 540,000 540,000 6,700 6,700 $ 439,500 $ 494,146 $ 54,646 $ - $ 17,370 $ 17,370 (Continued) $ (45,854) $ 10,670 4,493 692 $ (41361) $ 11,362 101 COLLIER COUNTY, FLORIDA COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (NON -GAAP) MAJOR CAPITAL PROJECT AND NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest income Impact fees Special assessments Miscellaneous Total revenues Expenditures: Current: General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Debt service Capital outlay Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses): Bonds issued Loans issued Payment to refunding bond escrow Sale of capital assets Insurance proceeds Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year See accompanying independent auditors' report. Reconciliation: Net change in fund balance, budgetary basis Change in fair value of investments Advances budgeted as transfers Unbudgeted funds Deferred revenues Net change in fund balance, GAAP basis 13A Limited General Obligation Bonds, Community Redevelopment Conservation Collier Series 2005 (NonGAAP) Line of Credit (NonGAAP) Budget Actual Variance Budget Actual Variance 631 4,954,300 4,952,234 2,066 $ - $ 4 4 4 4 500,000 237,152 262,848 4,954,300 1,952,234 2,066 500,000 2371152 262,848 (4,954,300) (4,951,603) 2,697 (500,000) (237,148) 262,852 4,933,300 4,933,300 500,000 237,152 (262,848) 4,933,300 4,933,300 500,000 237,152 (262,848) (21,000) (18,303) 2,697 - 4 4 71(100 21.000 - $ $ 2,697 $ 2,697 $ - $ 4 $ 4 $ (18,303) 39 $ (18,264) 102 $ 4 $ 4 631 631 631 4,954,300 4,952,234 2,066 $ - $ 4 4 4 4 500,000 237,152 262,848 4,954,300 1,952,234 2,066 500,000 2371152 262,848 (4,954,300) (4,951,603) 2,697 (500,000) (237,148) 262,852 4,933,300 4,933,300 500,000 237,152 (262,848) 4,933,300 4,933,300 500,000 237,152 (262,848) (21,000) (18,303) 2,697 - 4 4 71(100 21.000 - $ $ 2,697 $ 2,697 $ - $ 4 $ 4 $ (18,303) 39 $ (18,264) 102 $ 4 $ 4 13A County-Wide Capital Improvements (Non -GAAP) Parks Improvements (Non -GAAP) Budget Actual Variance Budget Actual Variance - - - 250,000 376,563 126,563 2,566,889 1,304,296 (1,262,593) 10,129,029 9,898,650 (230,379) - 1,558 1,558 - 300 300 5,705 - (5,705) - - - - 123,863 123,863 235,500 219,927 (15,573) 2,572,594 1,429,717 (1,142,877) 10,614 529 10,495,440 (119,089) 4,064,359 2,691,659 1,372,700 - - - - - 449,102 1,244,474 (795,372) 612340,598 24,243,019 37,097,579 18,743,141 1,254,106 17,489,035 65,404,957 26,934,678 38,470,279 19,192,243 2,498,580 16,693,663 (62,832,363) (25,504,961) 37,327,402 (8,577,714) 719965860 16,574,574 15,708,000 - (15,708,000) - - _ 35,068,700 35,068,700 - 3,130,300 3,173,752 43,452 (4,242,600) (4,242,600) (1,577 976) (1,572,955) 5,021 30,826,100 30,826,100 1,552,324 1,600,797 48,473 (32,006,263) 5,321,139 37,327,402 (7,025,390) 9,597,657 16,623,047 18,892,263 18,892,263 7,695,923 7,695,923 24,213,402 $ 37,327,402 $ 670,533 $ 17,293,580 $ 16,623,047 (Continued) $ 5,321,139 $ 9,597,657 277,610 157,801 3,426,500 _ $ 9,025,249 $ 9,755,458 103 Correctional Facilities County-Wide Library Impact Fees (Non -GAAP) Impact Fees (Non-GAAP) 13A COLLIER COUNTY, FLORIDA Variance COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES Actual BUDGET AND ACTUAL (NON -GAAP) Revenues: MAJOR CAPITAL PROJECT AND NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Correctional Facilities County-Wide Library Impact Fees (Non -GAAP) Impact Fees (Non-GAAP) Expenditures: Budget Actual Variance Budget Actual Variance Revenues: - Loans issued 13,197,700 Taxes $ - $ - $ - $ Payment to refunding bond escrow - - Licenses and permits - - - 77,150 17,176 59,974 Intergovernmental 1,000,000 - (1,000,000) - - - Chargesforservices - 1,820 1,820 - - - Fines and forfeitures - - - - - Total other financing sources (uses) Interest income - 4 4 (1,953,300) - 4 4 Impact fees 2,500,000 1,129,140 (1,370,860) 2,300,000 2,144,644 (155,356) Special assessments - - - 2,680,564 1,369,968 1,310,596 Miscellaneous 18,303,513 - - 164,937 164,937 1,370,570 Total revenues 3,500,000 1,130,964 (2,369,036) 21464,937 2,309,585 (155,352) Expenditures: Bonds issued Current: - Loans issued 13,197,700 General govemment (10,647,235) - - - Payment to refunding bond escrow - - Public safety - - - 77,150 17,176 59,974 Physical environment - - - - _ Transportation - 1,429,100 - - - - - Economic environment - - - - - Total other financing sources (uses) Human services 3,507,265 - - (1,953,300) - Net change in fund balances (2,082,913) Culture and recreation 105,866 28,116 77,750 - - - Debt service Capital outlay - 18,197,647 - 5,020,572 - 13,177,075 2,680,564 1,369,968 1,310,596 Total expenditures 18,303,513 5,048,688 13,254,825 2,757,714 1,387,144 1,370,570 Excess of revenues over (under) expenditures (14,803,513) (3,917,724) 10,885,789 (292,777) 9225441 1,2155218 Other financing sources (uses): Bonds issued - - Loans issued 13,197,700 2,550,465 (10,647,235) - - - Payment to refunding bond escrow - - ' Sale of capital assets Insurance proceeds - - Transfers in 1,429,100 1,429,100 - - - - Transfers out (1,906,200) (472,300) 1,433,900 (1,953,300) (1,953,300) - Total other financing sources (uses) 12,720,600 3,507,265 (9,213,335) (1,953,300) (1,953,300) - Net change in fund balances (2,082,913) (410,459) 1,672,454 (2,246,077) (1,030,859) 1,215,218 Fund balances at beginning of year 2,901,399 2,901,399 - 4,925,277 4,925,277 Fund balances at end of year $ 818,486 $ 2,490,940 $ 1,672,454 $ 2,679,200 $ 3,894,418 $ 1,215,218 See accompanying independent auditors' report . Reconciliation: Net change in fund balance, budgetary basis $ (410,459) $ (1,030,859) Change in fair value of investments 30,852 41,855 Advances budgeted as transfers (1,429,100) - Unbudgeted funds - Deferred revenues Net change in fund balance, GAAP basis - $ (1,808,707) $ (989,004) 104 ' 8 13A Emergency Medical Services 344,500 - 9,668,600 Impact Pees (Nan -GAAP) Water Management (Non -GAAP) (459,500) (459,500) Budget Actual Variance Budget Actual Variance 10,977,900 1,936,352 (9,041,548) 9,592,600 9,611,869 19,269 $ _ $ _ - - - 6,249,400 2,280,000 (3,969,400) - - - - 285 285 - Ill Ill 4,000 42,889 38,889 1,100,000 648,174 (451,826) - - - - - - 474,500 458,023 (16,477) 1,208 1,208 435,000 211,847 (223,153) 21,383 119,363 1,100,000 649,493 (450,507) 7,162,900 2,993 044 (4,169 856) $ 93,311 41,856 51,455 - - _ - - - 337,914 1,484,938 (1,147,024) 12,493,846 1,694,015 10,799,831 27,488,814 11,047,489 16,441,325 12,587157 1,735,871 10,851286 27,826,728 12,532,427 15,294,301 (11,487,157) (1,086,378) 10,400,779 (20,663,828) (9,539,383) 11,124,445 11,092,900 2,051,352 (9,041,548) 344,500 344,500 - 9,668,600 9,673,062 4,462 (459,500) (459,500) (76,000) (61,193) 14,807 10,977,900 1,936,352 (9,041,548) 9,592,600 9,611,869 19,269 (509,257) 849,974 1,359,231 (11,071,228) 72,486 11,143,714 834,670 834,670 $ 325 413 $ 1,684,644 $ 1,359,231 $ (11,071,226) $ 72,486 $ 11,143,714 (Continued) $ 849,974 $ 72,486 21,383 119,363 (344,500) _ $ $ 526,857 191,849 105 COLLIER COUNTY, FLORIDA COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (NON -GAAP) MAJOR CAPITAL PROJECT AND NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest income Impact fees Special assessments Miscellaneous Total revenues Expenditures: Current General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Debt service Capital outlay Total expenditures Excess of revenues over (under) expenditures Other financing sources (uses): Bonds issued Loans issued Payment to refunding bond escrow Sale of capital assets Insurance proceeds Transfers in Transfers out Total other financing sources (uses) Net change in fund balances Fund balances at beginning of year Fund balances at end of year See accompanying independent auditors' report. Reconciliation: Net change in fund balance, budgetary basis Change in fair value of investments Advances budgeted as transfers Unbudgeted funds Deferred revenues Net change in fund balance, GAAP basis 13A to Government Facilities Impact Fees (Non -GAAP) Parks Impact Districts (Non -GAAP) Budget Actual Variance Budget Actual Variance 200,000 - (200,000) - 600 600 4 4 - 29 29 3,900,000 3,370,394 (529,606) 11,200,000 6,670,382 (4,529,618) 3,900,000 3,370,398 (529,602) 11,400,000 6,671,011 (4728,989) 109,984 66,536 43,448 - _ - 275,712 123,415 152,297 88,139,560 22,499,100 65,640,460 13,288,596 1,708,004 11,580,592 88,249,544 22,565,636 65,683,908 13,564,308 1,831,419 11,732,889 (84,349,544) (19,195,238) 65,154,306 (2,164,308) 4,839,592 7,003,900 17,100,000 - (17,100,000) - 2,129,400 2,129,400 - - - - (4,635,500) (4,144,500) 491,000 (3,784,700) (3,784,700) 14,593 900 (2,015,100) (16,609,000) (3,784,700) (3,794,700) - (69,755,644) (21,210,338) 48,545,306 (5,949,008) 1,054,892 7,003,900 72,655,844 72,655,844 - 16,183,408 16,183,408 $ 2,900,200 $ 51,445,506 $ 48,545,306 $ 10,234,400 $ 17,238,300 $ 7,003,900 $ (21,210,338) $ 1,054,892 532,872 203,661 (2,129,400) $ (22 806,866) $ 1,258,553 106 13A Law Enforcement Impact Fees (NonGAAP) Other Capital Projects (Non -GAAP) 2,909,000 2,909,000 - 2,541,900 Budget Actual Variance Budget Actual Variance 1,347 16,318,900 18,609,811 2,290,911 2,536,100 2,538,509 2,409 (1,331,237) 12,217,293 13,548,530 $ (78,560) - - - 62,800 63,059 259 900,000 835,657 (64,343) 18,400 39,975 21,575 - - - 111,700 111,067 (633) - - 500,000 467 (499,533) 900,000 835,657 (64,343) 692,900 214,568 (478,332) - - - 1,030,966 - 1,030,966 37,998 9,880 28,118 - - _ - - - 1,504,200 1,231,364 272,836 18,512,139 7,218,295 11,293,844 4,280,965 1,600,273 2,680,692 18,550,137 7,228,175 11,321,962 6,816,131 2,831,637 3,984,494 (17 650,137) (6,392,518) 11,257,619 (6,123,231) (2,617,069) 3,506,162 16,408,400 16,415,811 7,411 2,909,000 2,909,000 - 2,541,900 2,542,962 1,062 (2,998,500) (715,000) 2,283,500 (5,800) (4,453) 1,347 16,318,900 18,609,811 2,290,911 2,536,100 2,538,509 2,409 (1,331,237) 12,217,293 13,548,530 (3,587,131) (78,560) 3,508,571 1,836,237 1,836,237 8,056,269 8,056,269 $ 505,000 $ 14,053,530 $ 13,548,530 $ 4,469,138 $ 7,977,709 $ 3,508,571 $ 12,217,293 $ (78,560) 140,256 52,819 (2,837,600) _ $ 9,519,949 107 13A THIS PAGE INTENTIONALLY LEFT BLANK Nonmajor Enterprise Funds SOLID WASTE DISPOSAL — To account for the provision of solid waste disposal services to users throughout the County. EMERGENCY MEDICAL SERVICES — To account for the provision of emergency ambulance and paramedical services to users throughout the County. GOODLAND WATER — To account for the provision of potable water services to residents of Goodland. AIRPORT AUTHORITY— To account for the provision of landing facilities and the sale of fuel at the airports. COLLIER AREA TRANSIT — To account for the provision of public transportation throughout the County. ASSETS Current assets: Cash, cash equivalents and investments Receivables: Trade, net Interest Unbilled revenue Due from other funds Due from other governments Inventory Restricted assets Cash, cash equivalents and investments Total current assets COLLIER COUNTY, FLORIDA 13A COMBINING STATEMENT OF NET ASSETS 165,942 3,119 NONMAJOR ENTERPRISE FUNDS - - 174,559 SEPTEMBER 30, 2007 34,663 Total Emergency Collier Nonmajor Solid Waste Medical Goodland Airport Area Enterprise Disposal Services Water Authority Transit Funds $ 22,956,957 $ 879,877 $ 450,576 $ 1,520,810 $ 420,643 $ 26,228,863 1,144,060 3,487,882 2,860 37,068 9,264 4,681,134 165,942 3,119 5,498 - - 174,559 - 693,059 34,663 - - 727,722 50,623 9,920 692 - 15,400 76,635 - 4,772 - 771,059 1,702,075 2,477,906 - 70,553 - 101,329 - 171,882 488,580 146,688 222,726 857,994 24,806,162 5,295,870 494,289 2,652,992 2,147,382 35,396,695 Noncurrent assets: 4,044 34,550 - 2,209 Capital assets: Land and nondepreciable capital assets 3,100,561 - - 2,406,167 321,713 5,828,441 Depreciable capital assets, net 5,970,337 2,967,264 1,018,594 10,943,713 2,474,755 23,374,663 Total noncurrent assets 9,070,898 2,967,264 1,018,594 13,349,880 2,796,468 29,203,104 Total assets 33,877,060 8,263,134 1,512,883 16,002,872 4,943,850 64,599,799 LIABILITIES 4,044 34,550 - 2,209 104 40,907 Current liabilities: - - - 52,133 - - 52,133 2,965,109 Accounts payable 2,618,943 247,183 2,579 331,308 878,273 4,078,286 Wages payable 51,618 613,077 - 32,210 2,460 699,365 Retainage payable 211,210 - - 700,069 - 211,210 Due to other funds 40,161 16 - - 3,012 43,189 Due to other governments - - 18,960 1,846 - 20,806 Due to individuals - 16,205 - - - 16,205 Compensated absences 76,845 656,441 - 41,968 1,973 777,227 Capital lease obligations - - - 15,669 - 15,669 Liabilities payable from restricted assets: 440 Accounts payable Refundable deposits - 341,458 440 - - - - 22,642 - - 364,100 Unearned revenue 147,122 146,248 200,084 - 493,454 Total current liabilities 3,487,357 1,679,610 21,539 645,727 885,718 6,719,951 Noncurrent liabilities Compensated absences 4,044 34,550 - 2,209 104 40,907 Capital lease obligations - - - 52,133 - - 52,133 2,965,109 Landfill post- closure liability 2,965,109 - - Total noncurrent liabilities 2,969,153 34,550 - 54,342 104 3,058,149 Total liabilities 6,456,510 1,714,160 21,539 700,069 885,822 9,778,100 NET ASSETS Invested in capital assets, net of related debt 9,070,898 2,967,264 1,018,594 13,282,078 2,796,468 29,135,302 Unrestricted 18,349,652 3,581,710 472,750 2,020,725 1,261,560 25,686,397 Total net assets $ 27,420,550 $6,548,974 $ 1,491,344 $15,302,803 $4,058,028 $ 54,821,699 See accompanying independent auditors' report. 110 COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS NONMAJOR ENTERPRISE FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 13A See accompanying independent auditors' report 111 Total Emergency Collier Nonmajor Solid Waste Medical Goodland Airport Area Enterprise Disposal Services Water Authority Transit Funds Operating revenues: Charges for services $ 33,643,755 $ 14,784,639 $ 506,354 $ 2,841,652 $1,152,902 $ 52,929,302 Miscellaneous 220,366 38,621 2,484 18,668 4 280,143 Total operating revenues 33,864,121 14,823,260 508,838 2,860,320 1,152,906 53,209,445 Operating expenses: Personal services 1,770,505 18,716,594 - 1,010,418 79,892 21,577,409 Operating 29,905,370 8,190,959 428,013 2,539,052 6,977,119 48,040,513 Depreciation 405,659 727,141 56,329 800,662 735,338 2,725,129 Total operating expenses 32,081,534 27,634,694 484,342 4,350,132 7,792,349 72,343,051 Operating income (loss) 1,782,587 (12,811,434) 24,496 (1,489,812) (6,639,443) (19,133,606) Non - operating revenues (expenses): Operating grants and contributions 5,345 - - 8,337 2,642,976 2,656,658 Interest income 375,536 17,595 21,173 - 414,304 Insurance reimbursement 1,025 - 531,685 87,342 620,052 Change in fair value of investments 204,033 8,949 3,946 15,844 3,744 236,516 Interest expense (1,492) - (1,492) Gain (loss) on disposal of capital assets (14,419) 8,217 - 222 - (5,980) Total non- operating revenues (expenses) 571,520 34,761 25,119 554,596 2,734,062 3,920,058 Income (loss) before contributions and transfers 2,354,107 (12,776,673) 49,615 (935,216) (3,905,381) (15,213,548) Capital grants and contributions 8,549 48,379 - 1,776,098 161,304 1,994,330 Transfers in 377,925 10,832,800 - 1,634,500 4,312,600 17,157,825 Transfers out (553,054) (6,000) - (332,182) (891,236) Total transfers and contributions (166,580) 10,875,179 - 3,078,416 4,473,904 18,260,919 Changes in net assets 2,187,527 (1,901,494) 49,615 2,143,200 568,523 3,047,371 Net assets- beginning 25,233,023 8,450,468 1,441,729 13,159,603 3,489,505 51,774,328 Net assets - ending $ 27,420,550 $ 6,548,974 $ 1,491,344 $ 15,302,803 _$4,058,028 $ 54,821,699 See accompanying independent auditors' report 111 COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF CASH FLOWS NONMAJOR ENTERPRISE FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Cash flows from operating activities: Cash received for services Cash received from refundable deposits Cash received from donations Cash payments for goods and services Cash payments to employees Cash payments on refundable deposits Net cash provided by (used for) operating activities Cash Bows from non - capital financing activities: Cash received from operating grants Cash transfers from other funds Cash transfers to other funds Net cash provided by (used for) non - capital financing activities Cash flows from capital and related financing activities: Special assessment collections Receipts from insurance reimbursements Proceeds from disposal of capital assets Proceeds from capital grants Payments for capital acquisitions Principal payments on leases Interest and fiscal agent fees paid Net cash provided by (used for) capital and related financing activities Cash Bows from investing activities: Interest on investments Change in fair value of investments 13A Total Emergency Collier Nonmajor Solid Waste Medical Goodland Airport Area Enterprise Disposal Services Water Authority Transit Funds 534,014,788 S 8,878,538 $522,685 $ 2,833,087 $ 971,224 $47,220,322 288,938 - - - - 288,938 1,890 - - - 1,890 (30,073,824) (2,876,314) (451,123) (2,589,115) (6,490 557) (42,480,933) (1,774,663) (18,414,976) - (1,001 846) (77,419) (21,268,904) (242,998) (3,993) - (246,991) 2,212,241 _(12,410,862) 71,562 (761,867) (5,596,752) (16,485 678) 50,243 163,419 - 8,337 1,653,062 1,975,061 1271,825 10,832,800 - 1,636,700 4,312,600 18,053925 (1,308,954) (6,000) - (334,382) - (1,649,336) 13,114 10,990,219 - 1,310,655 5,965,662 18,279650 - 28 - - 28 1,025 - - 531,685 87,342 620,052 4,020 - - 2,200 - 6,220 1,130,211 160,296 1,290,507 (2,562,632) (860,310) - (1,989,712) (726,787) (6,139,441) (18,261) - (18,261) (1492) - (1,492) (2557,587) (860,310) 28 (345,369) (479,149) (4,242387) 362,798 15,398 19,663 - - 397,859 204,033 8,949 3,946 15,844 3,744 236,516 Net cash provided by investing activities 566,831 24,347 23,609 15,844 3,744 634,375 Net increase (decrease) in cash, cash equivalents and investments 234,599 (2,256,606) 95,199 219,263 (106,495) (1,814,040) Cash, cash equivalents and investments, October 1, 2006 23 210,938 3,283,171 355,377 1,524,273 527,138 28,900,897 Cash, cash equivalents and investments. September 30, 2007 $ 23,445,537 $ 1,026,565 $450,576 S 1,743,536 $ 420,643 =1=27,116,157 Current cash, cash equivalents and investments S 22,956,957 S 879,877 5450,576 S 1,520,810 $ 420,643 26,228,863 Current cash, cash equivalents and investments - restricted 488,580 146,688 - 222,726 - 857,994 Cash, cash equivalents and investments, September 30, 2007 $23,445,537 $ 1,026,565 $450,576 $ 1,743,536 $ 420,643 $ 27,086,857 See accompanying independent auditors' report . 112 (Continued) COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF CASH FLOWS (CONTINUED) NONMAJOR ENTERPRISE FUNDS RECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH PROVIDED (USED FOR) OPERATING ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Operating income (loss) Adjustments to reconcile operating income (loss) to net cash provided by (used for) operating activities' Depreciation expense Net changes in assets and liabilities: Tradereceivable Due from other funds Due from other governments Inventory Accounts payable Wages payable Due to other funds Due to other governments Due to individuals Compensated absences Refundable deposits Unearned revenue Landfill post- closure liability Total adjustments Net cash provided by (used for) operating activities Non -cash investing, capital and financing activities: 13A Total Emergency Collier Nonmajor Solid Waste Medical Goodland Airport Area Enterprise Disposal Services Water Authority Transit Funds $ 1,782,587 $(12,811,434) $ 24,496 $ (1,489,812) $(6,639,443) $(19,133,606) 405,659 727,141 56,329 800,662 735,338 2,725,129 150,855 (644,982) 14,539 (21,000) (9,264) (509,852) (349) 40,000 (692) - (172,838) (133,879) - (4,772) - - - (4,772) - (28,604) - (20,287) - (48,891) 691,323 27,309 (42,070) (30,004) 373,638 1,020,196 (3,987) 127,226 - (4,336) 629 119,532 40,161 (22) - - 113,344 153,483 (1,750) (2,961) 18,960 228 - 14,477 - (14,155) - - - (14,155) (171) 174,392 - 12,908 1,844 188,973 45,940 - - (3,993) - 41,947 - - - (6,233) - (6,233) (898,027) (898,027) 429,654 400,572 47,066 727,945 1,042,691 2,647,928 $ 2,212,241 $(12,410,862) $ 71,562 $ (761,867) $(5,596,752) $(16,485,678) The nonmajor enterprise funds experienced a non -cash investing gain due to a change in the fair value of non -cash and cash equivalents as follows: Solid Waste Disposal $204,033 Emergency Medical Services 8,949 Goodland Water 3,946 Airport Authority 15,844 Collier Area Transit 3,744 Total $236,516 There were non -cash contributions of $1,008 in the Collier Area Transit fund, as assets with a historical cost of $1,553 and accumulated depreciation of $545 were transferred in from other funds, See accompanying independent auditors' report 113 13A THIS PAGE INTENTIONALLY LEFT BLANK Internal Service Funds SELF - INSURANCE — To account for the self - insurance costs of providing coverage for property, general and vehicle liability. To account for the provisions of health benefits to County employees and their dependents. To account for payment of workers' compensation claims, in lieu of insurance. SHERIFF'S SELF - INSURANCE — To account for the provisions of health benefits to Sheriff employees and their dependents. To account for payment of workers' compensation claims, in lieu of insurance. FLEET MANAGEMENT — To account for fuel, oil, lubricants, repairs and maintenance of County vehicles and the use of certain County owned vehicles by County employees. 13A COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF NET ASSETS INTERNAL SERVICE FUNDS SEPTEMBER 30, 2007 NET ASSETS Invested in capital assets, net of related debt 263,465 Sheriffs 780,985 Unrestricted 18,715,453 Self- Self- Fleet $ 18,978,918 $ 4,948 117 $ 1,099,912 Insurance Insurance Management Total ASSETS Current assets: Cash, cash equivalents and investments $ 28,632,699 $ 6,283,227 $ 1,020,653 $ 35,936,579 Receivables: - 96,084 Trade, net 96,084 - - 19,890 - 19,890 Interest Due from other funds 1,583 500,000 8,860 510,443 Due from other governments - - 49,318 49,318 Deposits 417,739 - - 417,739 Inventory 2,360 - 372,190 374,550 Total current assets 29,150,465 6,803,117 1,451,021 37,404,603 Noncurrent assets: Capital assets: Land and nondepreciable capital assets - - 40,955 40,955 Depreciable capital assets, net 263,465 - 476,565 740,030 Total noncurrent assets 263,465 - 517,520 780,985 Total assets 29,413,930 6,803,117 1,968,541 38,185,588 LIABILITIES Current liabilities: Accounts payable 600,548 - 703,129 1,303,677 Wages payable 35,858 - 58,497 94,355 Due to other funds 15,675 - - 15,675 4,926,525 Self- insurance claims payable 3,071,525 1,855,000 - Compensated absences 63,584 - 101,653 165,237 Total current liabilities 3,787,190 1,855,000 863,279 6,505,469 Noncurrent liabilities: 6,644,475 Self- insurance claims payable 6,644,475 - 8,697 Compensated absences 3,347 - 5,350 Total noncurrent liabilities 6,647,822 5,350 6,653,172 Total liabilities 10,435,012 1,855,000 868,629 13,158,641 NET ASSETS Invested in capital assets, net of related debt 263,465 - 517,520 780,985 Unrestricted 18,715,453 4,948,117 582,392 24 245,962 Total net assets $ 18,978,918 $ 4,948 117 $ 1,099,912 $ 25,026,947 See accompanying independent auditors' report . 116 COLLIER COUNTY, FLORIDA 13A COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS INTERNAL SERVICE FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Operating expenses: Personal services 1,071,564 - Sheriffs 2,977,144 Operating 39,161,234 14,813,494 Self- Self- Fleet 18,785 115,688 Insurance Insurance Management Total Operating revenues: Operating income (loss) 4,873,366 (1,346,504) 165,255 3,692,117 Charges for services $ 44,456,324 $ 13,466,990 $ 7,582,743 $ 65,506,057 Miscellaneous 668,625 - 622 669,247 Total operating revenues 45,124,949 13,466,990 7,583,365 66,175,304 Operating expenses: Personal services 1,071,564 - 1,905,580 2,977,144 Operating 39,161,234 14,813,494 5,396,842 59,371,570 Depreciation 18,785 115,688 134,473 Total operating expenses 40,251,583 14,813,494 7,418,110 62,483,187 Operating income (loss) 4,873,366 (1,346,504) 165,255 3,692,117 Non- operating revenues (expenses): Interest income 5,828 391,929 - 397,757 Change in fair value of investments 260,371 - 10,028 270,399 Loss on disposal of capital assets (246) (499) (745) Total non - operating revenues (expenses) 265,953 391,929 9,529 667,411 Income (loss) before contributions and transfers 5,139,319 (954,575) 174,784 4,359,528 Transfers in 188,100 - 44,400 232,500 Change in net assets 5,327,419 (954,575) 219,184 4,592,028 Net assets - beginning 13,651,499 5,902,692 880,728 20,434,919 Net assets - ending $ 18,978,918 $ 4,948,117 $ 1,099,912 $ 25,026,947 See accompanying independent auditors' report 117 COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF CASH FLOWS INTERNAL SERVICE FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Cash [lows from operating activities: Cash received from other funds for services Cash received from employees for services Cash received from insurance Cash received from other governments for services Cash received from retirees for services Cash payments on behalf of retirees Cash payments for goods and services Cash payments to employees Net cash provided by (used for) operating activities Cash flows from non - capital financing activities: Cash transfers from other funds Net cash provided by non - capital financing activities Cash flows from capital and related financing activities: Payments for capital acquisitions Net cash used for capital and related financing activities Cash flows from investing activities: Interest on investments Change in fair value of investments Net cash provided by investing activities Net increase (decrease) in cash, cash equivalents and investments 13A Self- Insurance Sheriffs Self- Insurance Fleet Management Total S 39,036,021 $12,500,000 $ 7,144,363 $ 58,680,384 5,434,107 - - 5,434,107 608,730 - - 608,730 - - 426,473 426,473 670,416 466,990 - 1,137,406 (694,552) - - (694,552) (38,900,073) (14,702,214) (5,143,785) (58,746,072) (1,064,108) - (1,890,208) (2,954,316) 5,090,541 (1,735,224) 536,843 3,892,160 188,100 - 44,400 232,500 188,100 44,400 232,500 (82,186) - (301,412) (383,598) (82,186) - (301,412) (383,598) 5,828 382,114 - 387,942 260,371 - 10,028 270,399 266,199 382,114 10,028 658,341 5,462,654 (1,353,110) 289,859 4,399,403 Cash, cash equivalents and investments, October 1, 2006 23,170,045 7,636,337 730,794 31,537,176 Cash, cash equivalents and investments, September 30, 2007 $ 28,632,699 $ 6,283,227 $ 1,020,653 $ 35,936,579 See accompanying independent auditors' report. 118 (Continued) COMBINCOLLIER COUNTY, ING STATEMENT OFOCASH FLOWS 13A INTERNAL SERVICE FUNDS (CONTINUED) RECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH PROVIDED BY (USED FOR) OPERATING ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Operating income (loss) Adjustments to reconcile operating income (loss) to net cash provided by operating activities: Depreciation expense Net changes in assets and liabilities: Trade receivable Due from other funds Deposits Inventory Accounts payable Wages payable Due to other funds Due to other governments Compensated absences Self - insurance claims payable Total adjustments Net cash provided by (used for) operating activities Non -cash investing, capital and financing activities: Sheriffs Self- Self- Fleet Insurance Insurance Management Total $ 4,873,366 $(1,346,504) $ 165,255 $ 3,692,117 18,785 - 115,688 134,473 (67,067) - - (67,067) 21,342 - (773) 20,569 (24,136) - (11,756) (35,892) (1,000) - (71,751) (72,751) 48,464 (1,720) 324,808 371,552 (107) - 1,590 1,483 15,675 (500,000) - (484,325) (2,344) - - (2,344) 7,563 - 13,782 21,345 200,000 113,000 313,000 217,175 (388,720) 371,588 200,043 $ 5,090,541 $(1,735,224) $ 536,843 $ 3,892,160 The internal service funds experienced a non -cash investing gain due to a change in the fair value of non -cash and cash equivalents as follows: Self - Insurance $ 260,371 Fleet Management 10,028 Total $ 270,399 See accompanying independent auditors' report. 119 13A THIS PAGE INTENTIONALLY LEFT BLANK Fiduciary Funds CLERK OF COURTS AGENCY FUND — To account for monies held in Trust by the Clerk of the Circuit Court prior to disbursement. SHERIFF AGENCY FUND — To account for monies held in a custodial capacity by the Sheriff. TAX COLLECTOR AGENCY FUND — To account for assets held by the Tax Collector prior to legal disbursement. DEPOSITS AGENCY FUND — To account for monies held by the County for businesses and individuals. PINE RIDGE AND NAPLES PRODUCTION PARK AGENCY FUND — To account for the receipt of special assessments and the payment of principal and interest on behalf of assessment holders. COLLIER COUNTY, FLORIDA 13A COMBINING STATEMENT OF FIDUCIARY ASSETS AND LIABILITIES AGENCY FUNDS SEPTEMBER 30, 2007 Pine Ridge Clerk Tax and Naples of Courts Sheriff Collector Deposits Production Park ASSETS Agency Fund Agency Fund Agency Fund Agency Fund Agency Fund Total Cash, cash equivalents and investments $ 17,282,056 $ 396,490 $ 4,303,742 $ 5,142,536 $ 4,594,257 $ 31,719,081 Receivables: - 10,811 - 57,550 68,361 Interest Other - 133 11,101 98,539 109,773 Total assets $ 17,282,056 $ 396,623 $ 4,325,654 $ 5,142,536 S 4,750,346 $ 31,897,215 LIABILITIES Due to other governments $ 1,004,350 $ 59,132 $ 3,202,302 $ - $ - $ 4,265,784 Due to individuals - 337,491 1,123,352 - - 1,460,843 Refundable deposits 16,277,706 - - 5,142,536 - 21,420,242 Due to special assessment holders - - - - 4,750,346 4,750,346 Total liabilities $ 17,282,056 $ 396,623 $ 4,325,654 $ 5,142,536 $ 4,750,346 $ 31,897,215 See accompanying independent auditors' report. 122 COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF CHANGES IN ASSETS AND LIABILITIES AGENCYFUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 13A Liabilities: Due to other governments $ 1,404,036 $ 10,475,642 $ 10,875,328 $ 1,004,350 Refundable deposits 24,043,127 150,705,518 158,470,939 16,277,706 Total liabilities $25,447,163 $ 161,181,160 $ 169,346,267 $ 17,282,056 Sheriff Aeencv Fund Assets: Cash, cash equivalents and investments $ 328,567 $ 6,085,703 $ 6,017,780 $ 396,490 Receivable: Other - 133 - 133 Total assets $ 328,567 $ 6,085,836 $ 6,017,780 $ 396,623 Liabilities: Due to other governments $ 56,885 $ 360,623 $ 358,376 $ 59,132 Due to individuals 271,682 644,925 579,116 337,491 Total liabilities $ 328,567 $ 1,005,548 $ 937,492 $ 396,623 Tax Collector Aeencv Fund Balance Balance October 1 Additions Deductions September 30 Clerk of Courts Agency Fund Assets: $ 3,657,613 $1,007,174,749 $ 1,006,528,620 Cash, cash equivalents and investments $25,421,904 $ 161,181,160 $ 169,321,008 $ 17,282,056 Due from other governments 25,259 - 25,259 - Total assets $25,447,163 $ 161,181,160 $ 169,346,267 $ 17,282,056 Liabilities: Due to other governments $ 1,404,036 $ 10,475,642 $ 10,875,328 $ 1,004,350 Refundable deposits 24,043,127 150,705,518 158,470,939 16,277,706 Total liabilities $25,447,163 $ 161,181,160 $ 169,346,267 $ 17,282,056 Sheriff Aeencv Fund Assets: Cash, cash equivalents and investments $ 328,567 $ 6,085,703 $ 6,017,780 $ 396,490 Receivable: Other - 133 - 133 Total assets $ 328,567 $ 6,085,836 $ 6,017,780 $ 396,623 Liabilities: Due to other governments $ 56,885 $ 360,623 $ 358,376 $ 59,132 Due to individuals 271,682 644,925 579,116 337,491 Total liabilities $ 328,567 $ 1,005,548 $ 937,492 $ 396,623 Tax Collector Aeencv Fund Assets: Assets: Cash, cash equivalents and investments $ 3,657,613 $1,007,174,749 $ 1,006,528,620 $ 4,303,742 Receivable: ' 1,488,284 $ 5,142,536 Total assets $ 5,471,464 $ Interest - 10,811 - Liabilities: 10,811 Other 4,547 2,158,607 2,152,053 11,101 Total assets $ 3,662,160 $1,009,344,167 $ 1,008,680,673 $ 4,325,654 Liabilities: $ 5,471,464 $ 1,159,356 $ 1,488,284 Due to other governments $ 3,101,821 $ 983,009,380 $ 982,908,899 $ 3,202,302 Due to individuals 560,339 21,634,506 21,071,493 1,123,352 Total liabilities $ 3,662,160 $1,004643886 $1,003,980,392 $ 4,325,654 Deoosits Aeencv Fund Assets: Cash, cash equivalents and investments $ 5,471,464 $ 1,159,356 $ 1,488,284 $ 5,142,536 Total assets $ 5,471,464 $ 1,159,356 $ 1,488,284 $ 5,142,536 Liabilities: Refundable deposits $ 5,471,464 $ 1,159,356 $ 1,488,284 $ 5,142,536 Total liabilities $ 5,471,464 $ 1,159,356 $ 1,488,284 $ 5,142,536 (Continued) 123 13A COLLIER COUNTY, FLORIDA COMBINING STATEMENT OF CHANGES IN ASSETS AND LIABILITIES ALL AGENCY FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Balance Balance October 1 Additions Deductions September 30 Pine Ridee and Naples Production Park Aeencv Fund $ 993,845,645 $ 994,142,603 $ 4,265,784 Assets: Cash, cash equivalents and investments $ 9,474,726 $ 1,589,201 $ 6,469,670 $ 4,594,257 Receivables: Interest 99,400 57,550 99,400 57,550 Other 112,523 98,539 112,523 98,539 Total assets $ 9,686,649 $ 1,745,290 $ 6,681,593 $ 4,750,346 Liabilities: Due to special assessment holders $ 9,686,649 $ 1,745,290 $ 6,681,593 $ 4,750,346 Total liabilities $ 9,686,649 S 1,745,290 $ 6,681,593 $ 4,750,346 Total -All Aeencv Funds $ 4,562,742 $ 993,845,645 $ 994,142,603 $ 4,265,784 Assets: Cash, cash equivalents and investments $44,354,274 $1,177,190,302 $ 1,189,825,362 $ 31,719,081 Receivables: Interest 99,400 68,361 99,400 68,361 Other 117,070 2,257,279 2,264,576 109,773 Due from other governments 25,259 - 25,259 - Total assets $44,596,003 $1,179,515,942 $ 1,192,214,597 $ 31,897,215 Liabilities: Due to other governments $ 4,562,742 $ 993,845,645 $ 994,142,603 $ 4,265,784 Due to individuals 832,021 22,279,431 21,650,609 1,460,843 Refundable deposits 29,514,591 151,864,874 159,959,223 21,420,242 Due to special assessment holders 9,686,649 1,745,290 6,681,593 4,750,346 Total liabilities $44,596,003 $1,169,735,240 $ 1,182,434,028 _L31,897,215 See accompanying independent auditors' report 124 rl Component Units COLLIER COUNTY HOUSING FINANCE AUTHORITY — The authority was established for the purpose of stimulating the construction of residential housing for low and moderate income families through the use of public financing. COLLIER COUNTY HEALTH FACILITIES AUTHORITY — The authority was established for the purpose of assisting health facilitigs in the acquisition, construction and financing of projects within the County. COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY — The authority was established for the purpose of facilitating projects that promote economic growth and opportunities for employment in Collier County. COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY — The authority was established for the purpose of assisting institutions of higher education in the construction, financing and refinancing of projects. COLLIER COUNTY, FLORIDA COMPONENT UNITS COMBINING STATEMENT OF NET ASSETS SEPTEMBER 30, 2007 13A Collier County Collier County Collier County Collier County Housing Health Industrial Educational Finance Facilities Development Facilities Authority Authority Authority Authority Totals ASSETS Cash, cash equivalents and investments $ 341,307 $ 131,049 $ 9,468 $ 17,075 $ 498,899 Total Assets NET ASSETS Net assets - unrestricted Total Net Assets $ 341,307 $ 131,049 $ 9,468 $ 17,075 $ 498,899 $ 341,307 $ 131,049 $ 9,468 $ 17,075 $ 498,899 $ 341,307 $ 131,049 $ 9,468 $ 17,075 $ 498,899 See accompanying independent auditors' report. 126 13A COLLIER COUNTY, FLORIDA COMPONENT UNITS COMBINING STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Net (Expense) Revenue and Changes Program Revenues in Net Assets See accompanying independent auditor's report. 127 Fees, Fines and Charges for Governmental FUNCTIONS /PROGRAMS Expenses Services Activities Collier County Industrial Development Authority $ 367 $ 7,303 $ 6,936 Collier County Educational Facilities Authority 24,044 37,793 13,749 Total $ 24,411 $ 45,096 20,685 General revenues: Interest income 7,697 Total general revenues 7,697 Change in net assets 28,382 Net assets - beginning 470,517 Net assets - ending $ 498,899 See accompanying independent auditor's report. 127 13A THIS PAGE INTENTIONALLY LEFT BLANK 13A Statistical Section (Unaudited) Statistical schedules differ from financial statements because they usually cover more than one fiscal year and may present non - accounting data. These schedules reflect social and economic data, and financial trends of Collier County, Florida. CONTENTS PAGE FINANCIAL TRENDS These schedules contain trend information to help the reader understand how the government's financial performance and wellbeing have changed over time. Net assets by component 130 Change in net assets 131 Governmental activities tax revenues by source 133 Fund balances of governmental funds 134 Changes in fund balance of governmental funds 135 REVENUE CAPACITY These schedules contain information to help the reader assess the Country's most significant local revenue source, the Property Tax. Assessed value and estimated actual value of taxable property 136 Property Tax Rates — All direct and overlapping governments 137 Principal Taxpayers County -wide 138 Property Tax levies and collections 139 DEBT CAPACITY These schedules present information to help reader assess the affordability of the County's current levels of outstanding debt and the County's ability to issue additional debt in the future. Ratios of outstanding debt by type 140 Ratios of general bonded debt outstanding 141 Legal debt margin information 142 Direct and overlapping governmental activities debt 142 Pledged - revenue coverage 143 DEMOGRAPHIC AND ECONOMIC INFORMATION These schedules offer demographic and economic indicators to help the rear understand the environment within which the County's financial activities take place. Demographic and economic statistics 144 Principal employers 144 OPERATING INFORMATION These schedules contain service and infrastructure data to help the reader understand how the information in the County's financial report relates to the services the County provides and the activities it performs. Full -time equivalent County employees by function 146 Operating indicators by function 147 Capital Asset statistics by fimetion/program 148 Sources. Unless otherwise noted, the information in these schedules is derived from the comprehensive annual financial reports for the relevant year. The County implemented GASB 34 forfiscal year 2002. Schedules presenting government -wide information include information beginning in that focal year. COLLIER COUNTY, FLORIDA NET ASSETS BY COMPONENT LAST SIX FISCAL YEARS (1) (accrual basis of accounting) (amounts expressed in thousands) (unaudited) 13A �. 2007 2006 2005 2004 2003 2002 Governmental activities: Invested in capital assets, net of related debt $ 871,389 672,186 570,512 500,549 444,703 377,404 Restricted 244,746 205,403 148,587 142,306 103,280 83,292 Unrestricted 317,594 318,092 275,438 175,297 104,170 96,360 Total governmental activities net assets $ 1,433,729 1,195,681 994,537 818,152 652,153 557.056 Business -type activities: Invested in capital assets, net of related debt 631,491 596,907 543,017 519,478 479,730 401,329 Restricted 30,746 28,087 21,243 11,642 12,045 9,968 Unrestricted 83,038 77,206 90,608 77,563 80,307 132,908 Total business -type activities net assets $ 745,275 702,200 654,868 608,683 572,082 544,205 Primary government: Invested in capital assets, net of related debt 1,502,880 1,269,093 1,113,529 1,020,027 924,433 778,733 Restricted 275,492 233,490 169,830 153,948 115,325 93,260 Unrestricted 400,632 395,298 366,046 252,860 184,477 229,268 Total primary government net assets $ 2,179,004 1,897,881 1,649,405 1,426,835 1,224,235 1,101,261 (1) Only six fiscal years are available due to implementation of GASB 34 in fiscal year 2002 130 COLLIER COUNTY, FLORIDA CHANGE IN NET ASSETS LAST SIX FISCAL YEARS (1) (accrual basis of accounting) (amounts expressed in thousands) (unaudited) Expenses Governmental activities: General government Public safety Transportation Culture and recreation Other activities Interest on long -term debt Total governmental activities expenses Business -type activities: Water and Sewer Solid Waste Airport Authority Mass Transit Emergency Medical Services Total business -type activities expenses Total primary government expenses Program Revenues Governmental activities: Charges for services: General government Public safety Transportation Culture and recreation Other activities Operating Grants and Contributions Capital Grants and Contributions Total governmental activities program revenues Business -type activities: Charges for services: Water and Sewer Solid Waste Airport Authority Mass Transit Emergency Medical Services Operating Grants and Contributions Capital Grants and Contributions Total business -type activities program revenues Total primary government program revenues Net (expense) /revenue: Governmental activities Business -type activities Total primary government net expense 13A Fiscal Year 2007 2006 2005 2004 2003 2002 110,814 100,219 85,182 81,150 67,885 66,635 183,048 187,945 140,761 133,930 114,207 103,718 54,198 46,266 43,714 33,970 35,255 28,718 41,595 34,348 30,329 25,405 25,640 31,809 44,500 35;838 31,713 24,110 24,528 29,288 21,779 25,841 14,507 8,566 5,697 3,109 455,934 430,457 346,206 307,131 273,212 263,277 89,617 76,307 63,759 60,590 57,223 51,547 32,033 32,920 24,420 23,036 20,317 21,210 4,296 3,978 3,625 3,346 3,027 3,020 7,761 6,000 - - - - 27,305 22,541 20,887 19,114 18,279 14,653 161,012 141,746 112,691 106,086 98,846 90,430 $ 616,946 572,203 458,897 413,217 372,058 353,707 46,380 47,178 45,433 37,967 26,188 20,418 14,293 20,547 18,392 15,127 16,811 15,205 1,902 1,733 667 959 3,423 639 7,494 5,878 5,050 4,416 4,151 3,637 2,395 2,938 2,869 2,114 2,556 3,268 27,309 43,062 15,151 19,759 10,008 12,531 122,327 99,068 104,711 97,370 55,979 35,332 222,100 220,404 192,273 177,712 119,116 91,030 92,091 81,088 73,686 65,152 58,955 50,455 33,864 33,713 23,661 21,938 20,698 21,121 2,860 2,459 2,288 1,878 1,580 1,425 1,153 814 - - - - 14,823 14,326 12,855 10,904 7,912 6,783 2,657 3,138 165 31 59 116 32,647 36,273 28,260 32,040 26,325 31,458 180,095 171,811 140,915 131,943 115,529 111,358 402,195 392,215 333,188 309,655 234,645 202,388 $ (233,834) (210,053) (153,933) (129,419) (154,096) (172,247) 19,083 30,065 28,224 25,857 16,683 20,928 $ 214,751 (179,988) (125,709) (103,562) _L111,413) 15( 1,319) 131 COLLIER COUNTY, FLORIDA CHANGE IN NET ASSETS LAST SIX FISCAL YEARS (CONTINUED) (accrual basis of accounting) (amounts expressed in thousands) (unaudited) General Revenues and Other Changes in Net Assets Governmental activities: Taxes Property taxes Gas taxes Sales taxes Tourist taxes Other taxes State revenue sharing Interest income Change in fair value of investments Miscellaneous Transfers, net Total governmental activities Business -type activities: Interest income Change in fair value of investments Miscellaneous Transfers, net Total business -type activities Total primary government Change in Net Assets Governmental activities Business -type activities Total primary government 13A Fiscal Year 2007 2006 2005 2004 2003 2002 345,054 293,240 237,452 213,353 174,291 147,753 19,598 20,028 20,127 19,887 17,731 17,333 32,568 34,671 32,949 31,323 27,846 26,611 14,228 13,629 10,484 9,720 8,377 8,184 8,754 9,142 7,089 5,796 5,604 4,893 9,652 9,410 8,555 7,973 7,190 6,811 43,109 38,455 16,732 12,216 11,169 14,142 5,822 (2,067) (2,780) (5,813) - - 8,223 10,261 10,671 8,491 3,525 6,409 (15,126 ) (13,229) (10,584 ) (7,529) (6,540 ) (15,703 471,882 413,540 330,695 295,417 249,193 216,433 6,907 4,139 5,610 4,348 4,057 7,873 1,339 (324) (463) (1,417) - - 620 - - 285 597 799 15,126 13,229 10,584 7,529 6,540 15,703 23,992 17,044 15,731 10,745 11,194 24,375 $ 495,874 430,584 346,426 306,162 260,387 240,808 238,048 203,487 176,762 165,998 95,097 44,186 43,075 47,109 43,955 36,602 27,877 45,303 $ 281,123 250,596 220,717 202,600 122,974 89,489 (1) Only six fiscal years are available due to implementation of GASB 34 in fiscal year 2002. 132 133 l 3 A COLLIER COUNTY, FLORIDA GOVERNMENTAL ACTIVITIES TAX REVENUES BY SOURCE LAST SIX FISCAL YEARS (amounts expressed in thousands) (unaudited) Fiscal Property Gas Sales Tourist Other Year Tax Tax Tax Tax Tax Total 2002 $ 147,753 17,333 26,611 8,184 4,893 204,774 2003 174,291 17,731 27,846 8,377 5,604 233,849 2004 213,353 19,887 31,323 9,720 5,796 280,079 2005 237,452 20,127 32,949 10,484 7,089 308,101 2006 293,240 20,028 34,671 13,629 9,142 370,710 2007 345,054 19,598 32,568 14,228 8,754 420,202 133 COLLIER COUNTY, FLORIDA 1 3 e FUND BALANCES OF GOVERNMENTAL FUNDS /7 LAST SIX FISCAL YEARS (modified accrual basis of accounting) (amounts expressed in thousands) (unaudited) General fund Reserved Unreserved Total general fund All other governmental funds Reserved Unreserved, reported in: Special revenue funds Debt service funds Capital projects funds Total all other governmental funds Fiscal Year 2007 2006 2005 2004 2003 2002 $ 3,706 963 363 468 894 980 77,619 65,938 58,891 52,836 40,537 27,812 $ 81,325 66,901 59,254 52,836 40,537 27,812 $ 294,512 197,303 212,521 131,531 79,643 33,547 118,150 112,875 105,721 72,943 48,558 57,317 2,621 5,634 3,891 4,389 4,405 4,653 107,888 256,348 125,476 18,252 76,513 23,923 $ 523,171 572,160 447,609 227,115 209,119 119,440 134 9 COLLIER COUNTY, FLORIDA CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS LAST SIX FISCAL YEARS (modified accrual basis of accounting) (amounts expressed in thousands) 13A Expenditures: 2007 2006 2005 2004 2003 2002 Revenues: Taxes $ 380,983 327,605 268,536 242,562 200,398 172,991 Licenses and permits 15,537 23,630 21,227 18,071 13,377 12,962 Intergovernmental 93,186 113,128 74,537 71,554 64,352 57,485 Charges for services 46,127 43,083 41,451 31,383 27,444 22,082 Fines and forfeitures 4,081 4,835 4,407 6,848 6,854 6,112 Interest income 42,711 38,174 16,658 12,146 11,124 14,142 Change in fair value of investments 5,551 (1,992) (2,683) (5,541) - - Impact fees 84,792 70,202 38,766 15,653 24,841 34,065 Special assessments 3,240 1,264 3,680 2,643 2,390 2,516 Miscellaneous 7,337 9,074 9,922 8,490 7,713 5,607 Total revenues 683,545 629,003 476,501 403,809 358,493 327,962 Expenditures: Current General government 96,483 83,821 73,992 67,831 65,094 61,137 Public safety 168,602 177,933 135,110 124,276 116,572 104,234 Physical environment 11,760 9,799 11,644 5,958 9,528 12,056 Transportation 39,105 33,735 32,911 24,273 28,116 20,295 Economic environment 11,690 9,333 5,981 6,439 6,945 6,632 Human services 12,237 11,819 11,810 9,576 9,721 8,343 Culture and recreation 35,325 29,172 26,238 23,145 22,449 22,543 Debt service: Principal 36,144 20,977 14,374 14,247 8,585 29,243 Interest and other fiscal charges 22,468 22,569 14,304 10,049 6,925 4,856 Capital outlay 290,581 255,569 174,640 170,145 78,201 96,952 Tom] expenditures 724,395 654,727 501,004 455,939 352,136 366,291 Excess of revenues over (under) expenditures (40,850) (25,724) (24,503) (52,130) 6,357 (38,329 Other financing sources (uses): Bonds issued - - 296,270 49,360 102,125 47,430 Premiums on bonds issued - - 16,785 - 4,703 - Payment to refunding escrow (4,500) - (60,027) (5,079) (3,657) - Capital leases - 1,048 16 - - 28 Loan proceeds 22,390 40,466 8,000 45,245 - 8,250 Sale of capital assets 365 940 - - - - Insurance proceeds 885 792 - - - - Transfers in 166,113 154,580 97,632 84,508 57,020 37,685 Transfers out (181,471) (168,006) (107,728) (92,037) (64,227) (53,517) final other financing sources (uses) 3,782 29,820 250,948 81,997 95,964 39,876 Net change in fund balances $ (37,068) 4,096 226,445 29,867 102,321 1,547 Debt service as a percentage of noncapital expenditures 13.51% 10.91% 8.79% 8.50% 5.66°/ 12.66% 135 13A COLLIER COUNTY, FLORIDA ASSESSED VALUE AND ESTIMATED ACTUAL VALUE OF TAXABLE PROPERTY LAST SIX FISCAL YEARS (amounts expressed in thousands) (unaudited) Property is assessed as of January 1, and taxes based on these assessments are levied and become due on the following November 1. Therefore, assessments and levies applicable to a certain tax year are collected in the fiscal year ending during the next succeeding calendar year. IThe basis of assessed value required by the state is 100% of actual value. Source: Property Appraiser Recapitulation Report 136 Total Estimated Assessed Fiscal Year Centrally Less: Total Taxable Direct Actual Value' as a Ended Residential Personal Assessed 'Fax Assessed Tax Taxable Percentage of September 30, Property Property Property Exempt Value Rate Value Actual Value 2002 $ 36,089,299 1,651,435 110 4,345,843 33,395,001 13.0569 37,740,844 100% 2003 42,635,220 1,770,370 113 4,915,279 39,490,424 12.7941 44,405,703 100% 2004 49,712,793 1,802,265 117 5,529,447 45,985,728 12.6552 51,515,175 100% 2005 55,370,248 1,820,777 127 5,928,339 51,262,813 12.3402 57,191,152 100% 2006 66,375,040 1,956,646 143 6,890,007 61,441,822 12.2303 68,331,829 100% 2007 82,909,061 2,156,726 202 8,023,791 77,042,198 11.4780 85,065,989 100% Property is assessed as of January 1, and taxes based on these assessments are levied and become due on the following November 1. Therefore, assessments and levies applicable to a certain tax year are collected in the fiscal year ending during the next succeeding calendar year. IThe basis of assessed value required by the state is 100% of actual value. Source: Property Appraiser Recapitulation Report 136 COLLIER COUNTY, FLORIDA PROPERTY TAX RATES - ALL DIRECT AND OVERLAPPING GOVERNMENTS LAST SIX FISCAL YEARS (unaudited) 13A Basis for property tax rates is 1 mill per $1,000 of assessed value. Property is assessed as of January 1 and taxes based on those assessments are levied according to the tax rate in effect that tax year and become due on November 1. Therefore, assessments and levies applicable to a certain tax year are collected in the fiscal year ending during the following calendar year. Source: Property Appraiser Recapitulation Report. 137 Collier County Other Special Debt County Fiscal General Revenue Service School Independent Year Fund Funds Funds Total District Districts Total 2002 3.8772 0.6670 0.0256 4.5698 7.1370 1.3813 13.0881 2003 3.8772 0.6767 0.0215 4.5754 6.9110 1.3554 12.8418 2004 18772 0.9226 0.0000 4.7998 6.5240 1.3562 12.6800 2005 3.8772 0.9177 0.0000 4.7949 6.2200 1.3562 12.3711 2006 3.8772 0.9161 0.1500 4.9433 5.9730 1.3423 12.2586 2007 3.5790 0.8470 0.2226 4.6486 5.5250 1.3403 11.5139 Basis for property tax rates is 1 mill per $1,000 of assessed value. Property is assessed as of January 1 and taxes based on those assessments are levied according to the tax rate in effect that tax year and become due on November 1. Therefore, assessments and levies applicable to a certain tax year are collected in the fiscal year ending during the following calendar year. Source: Property Appraiser Recapitulation Report. 137 13A COLLIER COUNTY, FLORIDA PRINCIPAL TAXPAYERS COUNTY -WIDE 2007 TAX ROLL (amounts expressed in thousands) (unaudited) Amounts for taxpayers with similar names have not been combined. Source: Property Appraiser's taxpayer listing in order of taxes levied. Property Appraiser Recapitulation Report. Embarq was Sprint in 1998 138 2007 lvvb Property Percent of Property Percent of Taxes Total Taxes Total Owner /Taxpayer Levied Rank Taxes Levied Levied Rank Taxes Levied Florida Power & Light Company $ 21400,343 1 0.26% 1,621,261 1 0.51% HEIR Naples LLC 1,770,797 2 0.19% - 0.00% Sprint - Florida Incorporated 1,352,890 3 0.15% 1,536,217 2 0.48% City National Bank of Miami 1,087,490 4 0.12% 1,051,501 4 0.33% Coastland Center Joint Venture 939,656 5 0.10% 579,759 7 0.18% The Moorings, Inc. 805,029 6 0,09% - 0.00% CC- Naples, Inc. 785,280 7 0.09% - - Naples Golf & Beach Club, Inc. 675,694 8 0.07% - Gerry, Sandra 652,798 9 0.07% - - CDC Land Investments, Inc. 639,481 10 0,071N - - Collier Development Corporation - 0.00% 939,844 5 0.30% WCI Communties, Inc. - 0.00% 612,968 6 0.19% HMC BN LTD Partnership - 0.00% 1,070,728 3 0.34% Marco Island Utilities - 0.0000% 565,980 8 0,18% Lee County Electric Co -Op - 0.00% 474,495 9 0.15% Lutgert TR, Raymond 1 - 0.00% 469,498 10 0.15% Total $ 11,109,458 1.20% 8,922,251 2.82% Total Property Taxes Levied $ 922,849,721 317,220,059 Amounts for taxpayers with similar names have not been combined. Source: Property Appraiser's taxpayer listing in order of taxes levied. Property Appraiser Recapitulation Report. Embarq was Sprint in 1998 138 COLLIER COUNTY, FLORIDA 1 3 A Source: Tax Collector Annual Report 139 PROPERTY TAX LEVIES AND COLLECTIONS LAST SIX FISCAL YEARS (amounts expressed in thousands) (unaudited) Fiscal Year Total Tax Collected within the Ended Levy for Fiscal Year of the Levy Collections in Total Collections to Date September 30 Fiscal Year Amount Percentage of Levy Subsequent Years Amount Percentage of Levy 2002 S 157,744 146,033 92.6% 178 146,211 92.69% 2003 185,633 174,116 93.8% 136 174,252 93.87% 2004 225,773 213,009 943% 325 213,334 94.49% 2005 251,772 237,184 94.2% 240 237,424 94.30% 2006 307,068 293,129 95.5% 98 293,227 95.49% 2007 362,568 344,945 95.1% 109 345,054 95.17% Source: Tax Collector Annual Report 139 13A COLLIER COUNTY, FLORIDA RATIOS OF OUTSTANDING DEBT BY TYPE LAST SIX FISCAL YEARS (amounts expressed in thousands) (unaudited) 'See the Schedule of Demographic and Economic Statistics for personal income and population data. 140 Governmental Activities Business -type Activities General Loans and Total Percentage Fiscal Obligation Revenue Loans Capital Revenue Notes Capital Primary of Personal Per Year Bonds Bonds Payable Leases Bonds Payable Leases Government Income' Capita' 2002 $ 795 85,185 9,256 791 78,725 40,369 327 215,448 2.11% 848 2003 - 176,775 8,486 279 71,505 55,335 165 312,545 2.86% 1,179 2004 - 208,980 51,649 log 66,860 74,545 73 402,215 3.47% 1,458 2005 32,815 444,315 14,030 82 62,515 113,067 25 666,909 5.61% 2,331 2006 29,530 429,735 51,546 1,029 58,060 124,629 - 694,529 5.46% 2,341 2007 25,815 409,620 57,331 897 163,630 106,932 68 764,293 5.02% 2,483 'See the Schedule of Demographic and Economic Statistics for personal income and population data. 140 See the Schedule of Assessed Value and Estimated Actual Value of Taxable Property for property value data. 2See the Schedule of Demographic and Economic Statistics population data. 141 COLLIER COUNTY, FLORIDA j 3 A RATIOS OF GENERAL BONDED DEBT OUTSTANDING LAST SIX FISCAL YEARS (unaudited) Percentage of Estimated General Less: Amounts Actual Taxable Fiscal Obligation Available in Debt Value' of Per Year Bonds Service Fund Total Property Capita` 2002 $ 795,000 76,461 718,539 0,002% 3 2003 - _ _ 2004 - _ _ 2005 32,815,000 21,935 32,793,065 0.064% 107 2006 29,530,000 22,576 29,507,424 0.048% 90 2007 25,815,000 4,312 25,810,688 0.034% 77 See the Schedule of Assessed Value and Estimated Actual Value of Taxable Property for property value data. 2See the Schedule of Demographic and Economic Statistics population data. 141 13A k.; COLLIER COUNTY, FLORIDA LEGAL DEBT MARGIN INFORMATION AS OF SEPTEMBER 30, 2007 (unaudited) The Constitution of the State of Florida, Florida Statute 200.181 and Collier County set no legal debt limit. DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT AS OF SEPTEMBER 30, 2007 (unaudited) Estimated Estimated Share of Debt Percentage Overlapping Governmental Entity Outstanding (1) Applicable (2) Debt Debt repaid with property taxes: County $ 48,037,297 100.00% $ 48,037,297 Subtotal, overlapping debt (1) Excludes amounts available in Debt Service Funds for payment of interest and principal. (2) Applicable percentage is determined by the ratio of assessed valuation of property subject to taxation in the overlapping unit to the valuation of property subject to taxation in the reporting entity. 142 GL U yQ W h C > G � > U y O � A 9 G O Qa v d��0000�� ;000000 v yrnrnaor� �o u U L u � > C L rr Y h a ado v��oov� N O O N rt M dU M pLj� N O Mm V U U V M W o0 C 4 � b � O Lid vl v�,n00v1 v1 d\ m D\ Q\ O m M v v n v m � Ga F 'C M M o0 ti N O �M t� w O,n O ?UPI yli0 � iD oo O� O yvi o0 viw l� b u.w Ovi O\M u vi ego dN m V,n ry,- C ^ 7 r v ¢ �F A C E L U h L ¢ d 0 0 0 0 0 0 143 9 C 0 L L 9 G R L A i d a u m _ c R E 'd 4 d V] Q n Q Q Q Q Q zzz4z F -m y h� y w u P b� Obi O v � L r d a U � C '0. ° h N N m a oNo U y N Vl VM V�1 M M y M 0 0 D\ W V > C L F1 U U7 A •� o N e M v vi c <r v v v v v Q.i v C Q\ O M C\ o0 U V1 V W M M^ ¢ bJl 1'7 Vl Vl W Vl M [� C h� y w u P b� Obi O d O ._°S U U N Co M a D\ V 01 d s O � U � 0 0 0 0 0 0 13A y v a m v aU. c b U � F � o � rVG G ' y N O O q o K � A � o 3 � N U . O O � H Q L G O p) W 7 N 3 c � U td x N O � 3 � c p O X G r U o .ro o O � � U V F r 13A " -4 COLLIER COUNTY, FLORIDA DEMOGRAPHIC AND ECONOMIC STATISTICS LAST SIX FISCAL YEARS (amounts expressed in thousands) (unaudited) Per Capita Fiscal Personal Personal Median School Unemployment Year Population(1) Income(2) Income(2) Age(3) Enrollment(4) Rate(5) 2002 264,475 $ 10,197,520 40,121 40.5 37,110 4.2% 2003 284,918 10,940,352 41,269 44.1 38,196 4.7% 2004 292,466 11,601,373 42,050 45.2 40,416 3.9% 2005 306,186 11,878,015 41,513 45.6 41,232 3.6% 2006 326,658 12,711,343 42,846 44.7 43,000 2.7% 2007 333,858 15,236,905 49,492 44.5 42,722 3.5% Sources: (1) www.fred.labormarketinfo.com (2) University of Florida, Bureau of Economic and Business Research, Per Capita and Total Personal Income revised by Department of Commerce, 2005 (3) Florida Statistical Abstract(Table 1.51) 2006 (4) Collier County School Board, based on full time equivalent enrollment (5) www.fred.labonnarketinfo.com 144 COLLIER COUNTY, FLORIDA PRINCIPAL EMPLOYERS (Unaudited) 13A 1998 Employees Rank Percent of Total County Employment Percent of 1 3.89% 2,700 Total County Employer Employees Rank Employment Collier County Public Schools 6,685 l 5.15% NCH Healthcare System 3,007 2 2.31% Collier County Government 2,984 3 2.30% Publix Supermarkets 2,214 4 1.70% Wal -Mart 1,547 5 1.19% Collier County Sheriffs Office 1,273 6 0.98% Marriott 743 7 0.57% Fifth Third Bank 733 8 0.56% Naples Grande Resort and Club 605 9 0.47% Barron Collier Partnership 600 10 OA6% Winn Dixie Stores, Inc. - _ Ritz Carlton Hotel - Other employers 109,504 84.30% Total 129,895 100.00% 13A 1998 Employees Rank Percent of Total County Employment 3,008 1 3.89% 2,700 2 3.49% 2,494 3 3.22% 1,755 4 2.27% 374 10 0.48% 908 5 1.17% 860 6 1.11% - 0.00% 600 9 0.78% - 0.00% 760 7 0.98% 758 8 0.98% 63,180 81.63% 77,397 100.00% Sources: Economic Development Council Collier County, 2006 1998 Collier County Adoped Budget Florida Department of Labor & Employment; Bureau of Labor Market Information ES -202 report for 1998 and 2007. 145 1 ,3 A COLLIER COUNTY, FLORIDA FULL -TIME EQUIVALENT COUNTY EMPLOYEES BY FUNCTION LAST FOUR FISCAL YEARS (unaudited) Fiscal Year 2007 2006 2005 2004 Function: General government 1,300 1,264 1,225 1,126 Public safety 1,117 1,144 1,000 987 Physical environment 73 67 57 58 Transportation 268 244 265 253 Economic environment 18 16 15 15 Human services 52 53 55 48 Culture and recreation 397 389 337 335 Water and Sewer 336 312 297 288 Solid Waste 23 27 26 23 Airport Authority 15 13 13 14 Emergency Medical Services 188 167 158 161 Total 3,787 3,696 3,448 3,308 * Information prior to fiscal year 2004 is not available 146 COLLIER COUNTY, FLORIDA 1 3 A OPERATING INDICATORS BY FUNCTION LAST SIX FISCAL YEARS (unaudited) 'See the Schedule of Demographic and Economic Statistics on page 133 for personal income and population data 147 Fiscal Year 2007 2006 2005 2004 2003 2002 Function Police: Physical arrests 22,028 25,657 17,214 14,788 13,506 11,423 Parking violations 1,753 2,124 1,372 2,115 1,468 1,678 Traffic violations 64,372 58,242 56,056 50,883 39,869 39,342 Fire: Fires reported 590 654 353 262 153 153 Emergency responses 1,148 1,539 1,652 1,056 868 668 Number of calls answered 1,779 2,235 2,049 1,360 1,072 858 Transportation: Collier Area Transit ridership 1,180,147 1,052,536 951,601 627,824 475,820 324,037 Street resurfacing (lane miles) 44 47 22 53 70 81 Culture and recreation: Beach parking stickers issued 76,344 54,074 57,875 42,000 30,000 20,000 Library circulation 2,916,523 2,722,539 2,853,926 2,877,230 2,788,262 2,485,314 Water: New connections 1,593 1,897 2,597 2,910 1,592 2,923 Wastewater: Average daily sewage treatment 15,583,055 17,310,468 17,095,890 16,526,027 15,616,438 15,342,466 (thousands of gallons) 'See the Schedule of Demographic and Economic Statistics on page 133 for personal income and population data 147 148 13A COLLIER COUNTY, FLORIDA CAPITAL ASSET STATISTICS BY FUNCTION LAST SIX FISCAL YEARS (unaudited) Fiscal Year 2007 2006 2005 2004 2003 2002 Function Public Safety: Police 7 7 7 7 7 7 Stations Patrol Units 275 272 260 253 256 257 Fire'. 2 2 2 2 2 Fire stations Highways and streets'. 1,147 1,147 1,149 1,121 1,210 1,463 Streets (miles) Streetlights 3,987 3,620 3,327 3,075 2,758 2,378 Tmffrc signals 216 200 198 196 193 181 Culture and recreation: 1436 1,527 1,486 1,396 1,549 1,546 Parks acreage 55 47 47 46 46 44 Parks 7 7 3 2 2 2 Swimming Pools 45 45 43 43 43 43 Tennis Courts 6 6 Community Centers 8 8 7 6 Libraries 9 9 9 9 9 9 Number of volumes in libraries 769,717 651,592 556,737 583,684 539,887 456,233 Watoc Number of water and sewcr customers 59,257 57,664 55,767 53,170 50,260 46,668 Water mains (miles) 682 682 685 668 646 639 Maximum daily capacity 36,116,725 34,673,000 31,940,118 31,342,779 34,243,600 31,902,378 (thousands of gallons) Wastewater. Sanitary sewers (miles) 798 798 802 784 763 755 Primary and Secondary drainage facilities 303 303 311 311 311 311 148 M Single Audit/Federal and State Schedule of Financial Assistance The Single Audit/Federal and State schedule of financial assistance section presents Grants compliance reports filed by Collier County with Federal government and State government, respectively. 13 THIS PAGE INTENTIONALLY LEFT BLANK JERNSTN 1'6t N(E 13A Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards Members of the Board of County Commissioners Collier County, Florida We have audited the financial statements of the governmental activities, the business -type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information for Collier County, Florida (the County) as of and for the year ended September 30, 2007, which collectively comprise the County's basic financial statements and have issued our report thereon dated March 17, 2008. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the County's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the County's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the County's internal control over financial reporting. Our consideration of internal control over financial reporting was for the limited purpose described in the preceding paragraph and would not necessarily identify all deficiencies in internal control over financial reporting that might be significant deficiencies or material weaknesses. However, as discussed below, we identified certain deficiencies in internal control over financial reporting that we consider to be significant deficiencies. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal control. We consider the deficiencies described in the accompanying schedule of findings and questioned costs to be significant deficiencies in internal control over financial reporting. These deficiencies are described in the accompanying schedule as items 2007 -1 through 2007 -4. 080e -0954714 151 IF 13A A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. Our consideration of the internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in the internal control that might be significant deficiencies and, accordingly, would not necessarily disclose all significant deficiencies that are also considered to be material weaknesses. However, of the significant deficiencies described above, we consider items 2007 -1 and 2007 -2 to be material weaknesses. Compliance and Other Matters As part of obtaining reasonable assurance about whether the County's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. We noted certain matters that we reported to management of the County in a separate letter dated March 17, 2008. This report is intended solely for the information and use of the members of the County Commissioners, management, and others within the entity, federal and state awarding agencies, and pass- through entities and is not intended to be and should not be used by anyone other than these specified parties. �i tirw.i f4_17 UP March 17, 2008 0806 - 0954714 152 HiEkNvs {ti'ft)( v, 13A Report of Independent Certified Public Accountants on Compliance With Requirements Applicable to Each Major Federal Program and State Project and on Internal Control Over Compliance in Accordance With OMB Circular A -133, Section 215.97, Florida Statutes, and Chapter 10.550, Rules of the Auditor General Members of the Board of County Commissioners Collier County, Florida Compliance We have audited the compliance of Collier County, Florida (the County), with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A -133 Compliance Supplement, and the requirements described in the State of Florida's State Projects Compliance Supplement, that are applicable to each of its major federal programs and state projects for the year ended September 30, 2007. The County's major federal programs and state projects are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major federal programs and state projects is the responsibility of the County's management. Our responsibility is to express an opinion on the County's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations; Section 215.97, Florida Statutes (Section 215.97); and Chapter 10.550, Rules of the Auditor General (Chapter 10.550), State of Florida. Those standards, OMB Circular A -133, Section 215.97 and Chapter 10.550 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program or state project occurred. An audit includes examining, on a test basis, evidence about the County's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of the County's compliance with those requirements. 0x06 - 0954714 153 Eli 13A As described in item 2007 -11 in the accompanying schedule of findings and questioned costs, the County did not comply with requirements regarding allowable costs that are applicable to its Community Development Block Grant (CDBG) Program. As described in items 2007 -11 and 2007 -14 in the accompanying schedule of findings and questioned costs, the County did not comply with requirements regarding allowable costs and reporting that are applicable to its State Housing Initiative Partnership (SHIP) Program. As described in items 2007 -9, 2007 -11 and 2007 -12 in the accompanying schedule of findings and questioned costs, the County did not comply with requirements regarding subrecipient monitoring, allowable costs, and matching that are applicable to its Home Investment Partnerships Program (HOME) Program. As described in item 2007 -7 in the accompanying schedule of findings and questioned costs, the County did not comply with requirements regarding reporting that are applicable to its State Criminal Alien Assistance Program (SCAAP). Compliance with such requirements is necessary, in our opinion, for the County to comply with requirements applicable to these programs. In our opinion, except for the noncompliance described in the preceding paragraph, the County complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal programs and state projects for the year ended September 30. 2007. The results of our auditing procedures also disclosed other instances of noncompliance with those requirements, which are required to be reported in accordance with OMB Circular A -133, Section 215.97, or Chapter 10.550, and which are described in the accompanying schedule of findings and questioned costs as items 2007 -6, 2007 -13, 2007 -15, and 2007 -16. Internal Control Over Compliance The management of the County is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws, regulations, contracts, and grants applicable to federal programs and state projects. In planning and performing our audit, we considered the County's internal control over compliance with requirements that could have a direct and material effect on a major federal program or state project in order to determine our auditing procedures for the purpose of expressing our opinion on compliance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the County's internal control over compliance. Our consideration of internal control over compliance was for the limited purpose described in the preceding paragraph and would not necessarily identify all deficiencies in the County's internal control that might be significant deficiencies or material weaknesses as defined below. However, as discussed below, we identified certain deficiencies in internal control over compliance that we consider to be significant deficiencies and others that we consider to be material weaknesses. )806-W47 14 154 EIJ 13A , - A control deficiency in an entity's internal control over compliance exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect noncompliance with a type of compliance requirement of a federal program or state project on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to administer a federal program or state project such that there is more than a remote likelihood that noncompliance with a type of compliance requirement of a federal program or state project that is more than inconsequential will not be prevented or detected by the entity's internal control. We consider the deficiencies in internal control over compliance described in the accompanying schedule of findings and questioned costs as items 2007 -5 through 2007 -16 to be significant deficiencies. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that material noncompliance with a type of compliance requirement of a federal program or state project will not be prevented or detected by the entity's internal control. Of the significant deficiencies in internal control over compliance described in the accompanying schedule of findings and questioned costs, we consider items 2007 -8, 2007 -9, 2007 -11, 2007 -12, and 2007 -14 to be material weaknesses. The County's response to the findings identified in our audit are described in the accompanying schedule of findings and questioned costs. We did not audit the County's response and, accordingly, we express no opinion on it. This report is intended solely for the information and use of the members of the County Commission, management and others within the entity, the Auditor General of the State of Florida, federal and state awarding agencies, and pass - through entities and is not intended to be and should not be used by anyone other than these specified parties. May 29, 2008 0306 - 0954714 155 16� f ��ow7 UP See accompanying notes to the schedule of expenditures of tederal awards and state projects_ 0806 - 0954714 156 13A COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 CFDA #/ Federal or State Grantor /Pass Through Grantor Program Title ('SEA 4 Grant /Contract Number Expenditures United States Department of Agriculture Direct Programs: Rural Business- Cooperative Service- Rural Business Enterprise Grant 10.769 Collier County $ 35,840 Indirect Programs. Florida Department of Education. Summer Food Service Program for Children 10.559 04 -804 465,167 Florida Department ol'Agriculture and Consumer Services. Forestry State Grant 10.664 Isles of Capri Fire District 2.779 Forestry State Grant 10.664 Isles of Capri Fire District 1,670 Forestry State Grant 10.664 Ochopee Fire District 1,675 Total Cl DA 6,124 Total United States Department of Agriculture 507,131 United States Department of Housing and Urban Development Direct Programs: Cmmmunity Planning and Development Community Development Block Grant Program (CDBG) 14.218 B- 07 -UC -12 -0016 80758 Community Development Block Grant Program (CDBG) 14,219 B -06 -UC -12 -0016 1,271,244 Community Development Block Grant Program (CDB(3) 14.218 B- 05 -UC -12 -0016 777,556 Community Development Block Grant Program (CDBG) 14.218 B- 04 -UC -12 -0016 251A84 Community Development Block Grant Program (CDBG) 14 218 B-03-1 IC-12-0016 148,805 Community Development Black Grant Program (CDB(j) 14 218 B- 02- UC -12- 0016 24,522 Total CFDA 2,554,069 Emergency Shelter Grant (PSG) 14 231 5- 06- UC-12- 0024 96,494 Emergency Shelter Grant (FSG) 14231 5- 05 -UC-12 -0024 96,119 'I oral CFDA 192,613 Counnuunr of Care 14235 Fl, 14R50-6003 32,229 Continuum of Care 14235 FL 141450-6002 49,096 Continuum of Care 14235 Fl, 14B40-6004 88.123 Continuum of Care 14 235 1:1 141340 -6003 12 660 Continuum of Care 14235 1'1.14840 -6002 17,936 Total CFDA 200,044 I lome Investment Partnerships Program (I 1OMF) 14.239 M- 07- UC' -12 -0217 39.549 Home Investment Partnerships Program (HOME) 14.239 M- 06 -UC.12 -0217 282.122 I Ionic Investment Partnerships Program (HOME) 14239 M -0S- UC' -12 -0017 103.161 Home Investment Partnerships Program (HONIP.) 14.239 M -04 -I R -12 -0017 266,947 "total CFDA 691,779 (Continued) See accompanying notes to the schedule of expenditures of tederal awards and state projects_ 0806 - 0954714 156 13A ;114 COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 CFDA tt/ Federal or State Grantor /Pass - Through Grantor Program Title CSFA M Grant /Contract Number Expenditures Indirect Programs: Department of Community Affairs: Community Development Block Grant - DRI 14.228 07DB- 3V- 09- 21- 01 -Z01 $ 3,660 Total United States Department of Housing and Urban Development 3,642,165 United States Department of the Interior Direct Programs: Fish and Wildlife Service: Conservation Collier Land Habitat Restoration Project Derelict Vessel Removal Total United States Department of the Interior United States Department of Justice Direct Programs: Office on Violence Against Women: Safe Havens Office of Justice Programs: Anti Trafficking Task Force Weed and Seed State Criminal Alien Assistance Program (SCAAP) Indirect Programs: Department of Juvenile Justice: FTRAC PMP Total CFDA Florida Office of Attomey General: Victim of Crime Act (VOCA) Florida Department of Law Enforcement: Sexual Predator Department of Children and Families: STOP DCF Total United States Department of Justice 0806 - 0954714 157 15.631 401815JO21 3,500 15.631 401816/091 31,000 34,500 16.527 2005CWAX0018 41,593 16.320 2005VTBX0002 104,820 16.595 2006 -WS-Q5 -0213 50,640 16.606 Collier County 1,429,192 16.523 GS120 51,104 16.523 SB -105 21,830 72,934 16.575 V6007 140,395 16.579 2007JAGCCOLLIP3009 108,516 16.588 LN016 144,644 2,092,734 (Continued) Indirect Programs: Florida Department of Transportation: Highway Planning and Construction / Pathways 20105 404677 13A Highway Planning and Construction / Sidewalks & Lighting I 415566 COLLIER COUNTY, FLORIDA Highway Planning and Construction / Bicycle/Pedestrian Bridges 20.205 415590 40,358 Highway Planning and Construction / Highway Enhancements SCHEDULE OF EXPENDITURES OF 195430 225,000 Highway Planning and Construction / Roadway Lighting 20.205 FEDERAL AWARDS AND STATE PROJECTS Highway Planning and Construction /Sidewalks 20.205 415545 FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 415546 321,518 Highway Planning and Construction 20.205 CFDA #/ 306,480 Highway Planning and Construction 20.205 414327 Federal or State Grantor /Pass - Through Grantor Program Title CSFA # Grant /Contract Number Expenditures 50,000 United States Department of Transportation 20205 415623 69,800 Highway Planning and Construction /Lighting 20205 Direct Programs. 18,635 Total CFDA 1,870,225 Federal Aviation Administration: 20.505 AM 356 29,174 Immokalee Circulator 20.509 Marco Apron Phase I & II 20.106 3 -12 -0142- 003 -2006 $ 376,627 4,433,779 Marco Master Plan Study Update - FAA 20.106 3 -12- 0142 -002 -2006 (Continued) 43,925 Immokalec Taxiway Construction - FAA 20.106 3 -12 -0031- 004 -2006 842,802 Immokalee Master Plan Update - FAA 20.106 3 -12 -0031- 003 -2006 141,080 Marco Taxiway -FAA 20.106 3 -12 -0142- 001 -2003 8,658 Everglades Taxiway - FAA 20.106 3 -12 -0021- 001 -2003 6,100 Total CFDA 1,419,192 Federal Transit Administration: Federal Transit Cluster: Section 5309 - ETA 20.500 FL- 03- 0264 -00 53,627 Section 5307 20.507 FL -90- X508 -00 153,063 Section 5307 20.507 FL -90- X553 -00 107,647 Section 5307 20.507 FL -90 -X645 696,454 Total CFDA 957,164 Total Federal Transit Cluster 1,010,791 Indirect Programs: Florida Department of Transportation: Highway Planning and Construction / Pathways 20105 404677 176,953 Highway Planning and Construction / Sidewalks & Lighting 20.205 415566 22,056 Highway Planning and Construction / Bicycle/Pedestrian Bridges 20.205 415590 40,358 Highway Planning and Construction / Highway Enhancements 20.205 195430 225,000 Highway Planning and Construction / Roadway Lighting 20.205 412646 114,277 Highway Planning and Construction /Sidewalks 20.205 415545 437,500 Highway Planning and Construction / Sidewalks 20,205 415546 321,518 Highway Planning and Construction 20.205 412417 306,480 Highway Planning and Construction 20.205 414327 87,648 Highway Planning and Construction / Landscaping 20.205 419239 50,000 Highway Planning and Construction / Landscaping 20205 415623 69,800 Highway Planning and Construction /Lighting 20205 412559 18,635 Total CFDA 1,870,225 Section 5303 20.505 AM 356 29,174 Immokalee Circulator 20.509 AM 357 104,397 Total United States Department of Transportation 4,433,779 (Continued) 0806 -0954714 158 13A COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 Federal or State Grantor/Pass- Through Grantor Program Title CFDA it/ CSFA k Grant/Contract Number Expenditures General Service Administration Indirect Programs. Florida Department of State: Voter Education Election Reform 39.011 Collier County S 21.676 Total General Service Administration 21,676 Environmental Protection Agency Indirect Programs: Florida Department of Environmental Protection: Capitalization Grants for Clean Water State Revolving Funds 66.458 Collier County 3,291,272 Capitalization Grants For Drinking Water State Revolving Funds 66.468 Collier County 20,941 214 Total Environmental Protection Agency 24,232,486 Election Assistance Commission (EA C) Indirect Programs'. Division of Elections: Poll Workers Recruitment 90.401 Collier County 2,595 Ballot On Demand(HAVA) 90.401 Collier County 143,645 Optical Scan Agreement (HA VA) 90401 Collier County 542,850 Voting Systems Assistance (HAVA 2002) 90.401 Collier County 117,801 Total Election Assistance Commission (EAC) 806,891 U 't d States Dernartracrid of Health and Human Services Indirect Programs'. Florida Department of Elder Affairs - Area Agency on Aging for Southwest Florida, Inc.: Aging Cluster: Special Programs for the Aging - Title 111, Part B - Grants for Supportive Services and Senior Centers 93.044 OAA 203.07 213,875 Special Programs for the Aging - Title III, Part B - Grants for Supportive Services and Senior Centers 93.044 OAA 203.06 91,612 Total CFDA 305,487 Special Programs for the Aging-Title III, Part C- 1- Nutrition Services 93.045 OAA 203.07 28,851 Special Programs for the Aging -Title 111, Part C-1-Nutrition Services 93.045 OAA 203.06 Special Programs for the Aging -Title III, Part C- 2- Nutrition Services 93.045 OAA 203.07 6,426 Special Programs for the Aging -Title III, Part C- 2- Nutrition Services 93,045 OAA 203.06 26,522 Total CFDA 11,041 72,840 Total Aging Cluster: 378,327 National Family Caregiver Support - Title III -E - 93.052 OAA 20107 68,778 National Family Caregiver Support - Title III -E 93.052 OAA 203.06 29,061 Total CFDA 97,839 (Continued) 0806 - 0954714 159 13A COLLIERCOUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 CFDA #/ Federal or State Grantor /Pass - Through Grantor Program Title CSFA # Grant /Contract Number Expenditures Florida Department of Revenue: Child Support Enforcement 93.563 CC31 I Total United States Department of Health and Human Services Corporation for National and Community Service Direct Programs: Retired and Senior Volunteer Program 94.002 06SRSFL004 Total Corporation for National and Community Service Department of Homeland Security Direct Programs: FEMA Firefighter Asst -Isle of Capri Indirect Programs: Florida Department of Community Affairs: State Homeland Security Grant State Homeland Security Grant State Homeland Security Grant State Homeland Security Grant State Homeland Security Grant Total CFDA Emergency Management Performance Grant State Homeland Security Grant State Homeland Security Grant State Homeland Security Grant Total CFDA Total Department of Homeland Security TOTAL EXPENDITURES OF FEDERAL AWARDS 0806- 0954714 160 97.044 EMW- 2006 -FG -04104 97.004 2007SHSPCOLL2Q5003 97.004 2006SHSPCOLL3N9012 97.004 2006SHSPCOLLIQ5004 97.004 2006LETPCOLL2N1012 97.004 2006LETPCOLL3N 1013 97.042 07BG- 04- 09 -21 -01 -320 S 249,635 725,801 67,312 67,312 62,898 25,303 88,000 18,756 39,687 97,029 268,775 42,031 97.067 06- DS- 3W- 09 -21 -01 -282 3,249 97.067 07- DS- 5N- 09 -21 -01 53,848 97.067 07- DS- 5N- 09 -21 -01 -210 36,523 93,620 467,324 S 37,031,799 (Continued) 13A II COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 CFDA M/ Federal or State Grantor /Pass- Through Grantor Program Title CSFA p Grant/Contract Number Expenditures Florida Executive Office of the Governor Office of Tourism, Trade and Economic Development: Paradise Coast Blueway Rural Infrastructure, Immokalee Airport Total Florida Executive Office of the Governor Florida Department of Environmental Protection South Marco Beach Nourishment Beach Erosion Control Program Total CSFA South County Reverse Osmosis Expansion Pelican Bay Reclaimed Water Facility Phase II Total CSFA Total Florida Department of Environmental Protection Florida Department of State and Secretary of State State Aid to Libraries State Aid to Libraries State Aid to Libraries Total Florida Department of State Florida Department of Community Affairs Florida Forever Act / Gordon River Greenway Park Emergency Preparedness and Assistance Trust Fund Hazardous Materials Analysis Total Florida Department of Community Affairs Florida Housing Finance Corporation State Housing Initiatives Partnership Program (SHIP) State Housing Initiatives Partnership Program (SHIP) State Housing Initiatives Partnership Program (SHIP) Total Florida Housing Finance Corporation 0806- 0954714 161 31.006 Collier County $ 3,815 31.030 OT05 -136 132,616 136,431 37.003 07 -COI 251,391 37.003 05 -COI 2,124,800 2,376,191 37.039 4600000589 1,100,000 37.039 4600000610 112,000 1,212,000 3,588,191 45.030 07- S "1' -12 182,198 45.030 06 -ST -12 165,894 45.030 05 -ST -12 5,883 353,975 52.002 07- CT- 96- 06 -F6 -AI -043 9,898,650 52.008 07-BG-04-09-2 1-01-3 20 102,427 52.023 07- CP- 11- 09 -21 -01 -244 8,100 10,009,177 52.901 FY 07 625,781 52.901 FY 06 2,188,367 52.901 FY 05 1,231,152 4,045,300 (Continued) COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 0806 - 0954714 162 CFDA #/ Federal or State Grantor /Pass- Through Grantor Program Title CSFA # Grant /Contract Number Expenditures Florida Department of Transportation Trip & Equipment Grant 55.001 AOF73 S 445,734 Rural Area Capital Equipment 55.001 AOG73 46,553 Trip & Equipment Grant 55.001 AOT48 140,914 Total CSFA 633,201 Transportation Disadvantaged Planning Grant 55.002 AOF83 10,189 Transportation Disadvantaged Planning Grant 55.002 AOR72 12,776 Total CSFA 22,965 Conceptual ERP 55.004 ANK47 6,285 Marco Mitigation 55.004 AI526 44 Marco Land Acquisition 55.004 A1935 29,054 Marco Mitigation Phase II 55.004 ANH17 481 Everglades Taxiway 55.004 ANH 19 339 Immokalee Emergency Generator 55.004 AOF10 48,253 Marco Fuel Farm 55.004 AO010 140,175 Immokalee Master Plan Study 55.004 ANF46 3,713 Marco Master Plan Studv 55 004 ANF50 1,156 Immokalee Taxiway C Construction 55.004 ANF44 22,179 Marco Apron Phase I & 11 55.004 .AOK80 1,499 Marco Apron Phase I & 11 - Land Acquisition 55.004 AOK79 8,405 Total CSFA 261,583 PD &E Study SR82 55.008 419950- 2 -22 -01 55,616 State Block Grant 55.010 AM350 392,863 Marco Island Transit 55.012 ANL03 44,674 Red Route Service Development 55.012 AOK37 88,941 Total CSFA 133,615 Jolly Bridge Feasability Study 55.019 ANY74 256,580 Transportation Regional Incentive Program / CR951 GG to link 55.026 420991- 1 -58 -01 3,198,313 Total Florida Department of Transportation 4,954,736 Florida Department of Health Emergency Medical Services County Award 64.005 C6011 30,348 Emergency Medical Services County Award 64.005 C5011 18,031 Total Florida Department of Health 48,379 (Continued) 0806 - 0954714 162 13A COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 CFDA #/ Federal or State Grantor /Pass - Through Grantor Program Title CSFA # Grant/Contract Number Expenditures Florida Department of Elder Affairs Area Agency on Aging for Southwest Florida, Inc: Home Care for the Elderly Home Care for the Elderly Total CSFA Alzheimer's Disease Initiative Alzheimer's Disease Initiative Alzheimer's Disease Initiative Total CSFA Community Care for the Elderly Community Care for the Elderly Total CSFA Total Florida Department of Elder Affairs Florida Fish and Wildlife Conservation Commission Boater Education Total Florida Fish and Wildlife Conservation Commission Florida Department of luvenile Justice TRAC Total Florida Department of Juvenile Justice TOTAL EXPENDITURES OF STATE FINANCIAL ASSISTANCE 0906 - 0954714 163 65.001 HCE 311/312.203.07 $ 1,676 65.001 HCE 3151316.203.06 5,624 7,300 65.004 ADI 203.07 20,800 65.004 ADI 306.20306 76,360 65.004 AD1305.203,05 2,427 99,587 65.010 CCE 20307 122,329 65.010 CCE 304.203.06 492,627 614,956 721,843 77.006 6174 7,832 7,832 80.029 DP -576 66,108 66,108 $ 23,931,972 Collier County, Florida Notes to the Schedule of Expenditures of Federal Awards and State Projects Year Ended September 30, 2007 1. Basis of Presentation 13A a The accompanying Schedule of Expenditures of Federal Awards and State Projects (the Schedule) includes the Federal and State grant activity for Collier County, Florida (the County) and is presented on the modified accrual basis of accounting for expenditures accounted for in the governmental funds and the accrual basis of accounting for expenditures in proprietary funds. Under the modified accrual basis, revenue is recognized if it is both measurable and available for use during the fiscal year and expenditures are recognized in the period liabilities are incurred, if measurable. Under the accrual basis, expenditures are recognized in the period liabilities are incurred. The information in the Schedule is presented in accordance with the requirements of U.S. Office of Management and Budget (OMB) Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations, and Section 215.97, Florida Statutes. Therefore, some amounts presented in the Schedule may differ from amounts presented, or used in the preparation of, the basic financial statements for the fiscal year ended September 30, 2007. 2. State Revolving Funds Reconciliation of State Revolving Funds (CFDA# 66.458 and CFDA# 66.468) expended to cash received during fiscal year 2007: Expenses reported on Single Audit Schedule $ 24,232,486 Reimbursements received for prior year expenses 868,046 Current year retainage not claimed (485,312) Less current year expenses that have not been reimbursed (788,199) Prior year expenditures reported but not reimbursed 679,729 Total State Revolving Fund reimbursements received $ 24,506,750 0806 -0954714 164 Collier County, Florida Notes to the Schedule of Expenditures of Federal Awards and State Projects (continued) 3. Subgrant Awards The following subgrant awards were made by Collier County during fiscal year 2007: CFDA /CSFA Subgrant Program Title Number Amount Community Development Block Grant Emergency Shelter Grant Continuum of Care Home Investment Partnerships Program 4. Contingency 14.218 $ 2,257,196 14.231 192,613 14.235 200,044 14.239 401,477 13A The grant revenue amounts received are subject to audit and adjustment. If any expenditures or expenses are disallowed by the grantor agencies as a result of such an audit, any claim for reimbursement to the grantor agencies would become a liability of the County. In the opinion of management, all grant expenditures are in compliance with the terms of the grant agreements and applicable federal and state laws and regulations. 0906 -0954714 165 13A a Collier County, Florida Schedule of Findings and Questioned Costs For the Year Ended September 30, 2007 Part I— Summary of Auditor's Results Financial Statements Section Type of auditor's report issued: Internal control over financial reporting: Material weakness(es) identified? Significant deficiency(ies) identified that are not considered to be material weaknesses? Noncompliance material to financial statements noted? Federal Awards and State Projects Section Internal control over major programs: Material weakness(es) identified? Significant deficiency(ies) identified that are not considered to be material weaknesses? Type of auditor's report issued on compliance for major programs: Unqualified X Yes No X Yes None reported Yes X No X Yes No X Yes None reported Qualified for the Community Development Block Grant Program (CFDA# 14.218), the Home Investment Partnerships Program (CFDA# 14.239), the State Housing Initiatives Partnership Program (CSFA# 52.901), and the State Criminal Alien Assistance Program (CFDA# 16.606); and Unqualified for all other major programs Any audit findings disclosed that are required to be reported in accordance with section .510(a) of OMB Circular A -133, Section 215.97, Florida Statutes, and Chapter 10.550, Rules of the Auditor General, State of Florida? X Yes No 0806 - 0954714 166 Collier County, Florida Schedule of Findings and Questioned Costs (continued) Identification of major federal programs and state projects: Federal Programs CFDA Number Federal Agency/Name of Federal Program 13A U.S. Department of Housing and Urban Development: 14.218 Community Development Block Grant Program (CDBG) 14.239 Home Investment Partnerships Program (HOME) U.S. Department of Justice: State Criminal Alien 16.606 Assistance Program (SCAAP) U.S. Department of Transportation: Highway Planning 20.205 and Construction U.S. Environmental Protection Agency: Capitalization 66.468 Grants For Drinking Water State Revolving Funds State Projects CSFA Number State Agency/Name of State Project Florida Department of Environmental Protection: 37.039 Statewide Surface Water Restoration and Wastewater Projects Florida Housing Finance Corporation: 52.901 State Housing Initiatives Partnership Program (SHIP) Florida Department of Community Affairs: 52.002 Florida Forever Act Florida Department of Transportation: 55.026 Transportation Regional Incentive Program Dollar threshold used to distinguish between Type A and Type B programs: • Federal Programs • State Projects Auditee qualified as low -risk auditee? 0806 - 0954714 167 1 110 954 717,959 Yes X No Collier County, Florida 13A Schedule of Findings and Questioned Costs (continued) Part II— Financial Statement Findings Section This section identifies the significant deficiencies, material weaknesses, fraud, illegal acts, violations of provisions of contracts and grant agreements, and abuse related to the financial statements for which Government Auditing Standards require reporting. Finding 2007 -01 Fixed Asset Capitalization and Depreciation Criteria Controls should be in place to ensure fixed assets are properly capitalized and depreciated. Condition In performing the fiscal 2007 audit of fixed assets, we identified certain differences resulting in adjustments to the County's basic financial statements. These differences included a prior period restatement to expense amounts incorrectly capitalized, and reclassifications of amounts improperly transferred to and from construction -in- progress. Context Approximately $4.2 million in maintenance costs that should have been expensed in prior years were recorded as capital assets as of September 30, 2007. Certain completed projects remained in construction -in- progress and certain uncompleted projects had been transferred to fixed assets. Effect Audit adjustments were recorded to correct the overstatement of net assets of the governmental activities and certain capital assets were reclassified between depreciable and nondepreciable capital asset categories. Cause In years prior to 2007, accounting personnel improperly capitalized costs related to a road maintenance contract. In addition, the County's criteria for the transfer of projects from construction -in- progress to fixed assets do not ensure that transfers are recorded when the related projects are substantially complete. 0806 - 0954714 168 Collier County, Florida 13A Schedule of Findings and Questioned Costs (continued) Recommendation The County should revise its construction and fixed assets accounting processes and procedures to include: • Review of contract terms for significant projects to determine proper classification of project costs as capital assets or maintenance expense • Expanded definition of capital assets • Enhanced criteria for transfer of projects from construction -in- progress to fixed assets • Periodic reconciliations of construction -in- progress costs to determine the proper and timely capitalization of project costs In addition, we recommend that the County utilize a fixed asset software program to accumulate construction -in- progress costs. Much of the process involved in reconciling capital construction costs is labor intensive and could be better automated. These expenditures should be reconciled during the year rather than performing a comprehensive review at the end of the fiscal year. This would accelerate this portion of the financial statement close process and reduce the risk of manual errors. Management Response and Corrective Action Plan The Finance and Accounting Department concurs that all contracts need stringent initial review to ensure proper expenditure classification. The initial review of contracts will be taken up as part of the Board of County Commissioners' agenda review. Criteria for transfer of projects from construction in progress to depreciable assets will not be purely quantitative for future fiscal years. Increased reliance will be placed upon County departments and project managers for information relating to capital asset in service dates. Reconcilement of construction in progress costs are now occurring on a monthly basis. The County is currently working on a project management system that will be fully integrated with the County's existing SAP database. Construction in progress status information will be captured within that project management system and will be followed with a confirmation process to ensure capital assets are captured appropriately and efficiently. Finding 2007 -02 Accounting for Impact Fee Deferrals Criteria Controls should be in place to ensure the proper tracking and recording of impact fee deferrals. 0806 - 0954714 169 Collier County, Florida 13A i w Schedule of Findings and Questioned Costs (continued) Condition During fiscal 2007 the Clerk's internal audit department performed a review of the County's public records. This review identified approximately $5.6 million in impact fee deferrals that had not been recorded on the County's books. This balance was recorded as a prior period restatement to increase net assets in the government -wide financial statements and water and sewer fund. Context As a result of these errors, the beginning net assets of the governmental activities, business type activities and the water and sewer fund were restated. Effect Audit adjustments were recorded to correct the understatement of net assets of the governmental activities, business type activities and the water and sewer fund. Cause The County's process for tracking impact fee deferrals in prior years was not adequate in ensuring that all contracts were recorded. Recommendation The County should review and revise its process for identifying impact fee deferrals to ensure that all contracts are recorded. 0806- 0954714 170 Collier County, Florida 1 3 A i 0 "1 Schedule of Findings and Questioned Costs (continued) Management Response and Corrective Action Plan Moving forward, a standard process will be instituted to ensure that impact fee deferrals are communicated by the County to Clerk's Finance. Once both an impact fee deferral agreement has been recorded in Official Records and the transaction has been posted to the CD Plus system in Community Development Services, the County will provide notification to the Finance Department to record the deferral in SAP. In addition, on a quarterly basis Clerk's Finance will reconcile impact fee deferrals recorded in SAP against the County's list of deferrals to validate that all deferrals have been recorded. Finding 2007 -03 Accounting for Nonexchange Revenue Criteria GASB Statement No. 33, Accounting and Financial Reporting for Nonexchange Transactions, sets forth the accounting criteria for recognition of revenues for nonexchange transactions. Condition In 2007 and prior years, the County has recorded funds received for the Emergency 911 Wireless Tax as deferred revenue. The criteria for revenue recognition pursuant to GASB 33 related to this tax had been met. Context Approximately $1.2 million in funds recorded as deferred revenue as of September 30, 2007 related to prior years. Approximately $100,000 of additional funds were received in 2007 and recorded as deferred revenue as of September 30, 2007. Effect An audit adjustment was recorded to correct the understatement of revenue. Cause The County has consistently recorded all Emergency 911 Wireless Tax receipts as deferred revenue. The related revenue was recorded when the funds were ultimately expended; however, the criteria for revenue recognition had been met at the time the funds were received. 0806 - 0954714 171 13A ill Collier County, Florida Schedule of Findings and Questioned Costs (continued) Recommendation The County should review the supporting documentation for all significant nonexchange revenue streams to determine when the revenue recognition criteria in GASB 33 have been met. Management Response and Corrective Action Plan We have reviewed all non - exchange revenue transactions of which we are aware to determine that the recognition criteria of GASB 33 has been met. Finding 2007 -04 Accounting for State Housing Initiatives Partnership (SHIP) Deferred Impact Fee Receivables Criteria All receivables should be measured net of estimated uncollectible amounts. Condition During our audit of impact fee deferrals, we noted that the County recorded notes receivable of approximately $2.8 million which represented SHIP - related deferred impact fee credit agreements entered into in prior years. Under the County's Consolidated Impact Fee Ordinance (2001 -13), the SHIP deferral program allows for the waiver of the impact fee revenue after 15 years unless an agreement is defaulted. In the past, the County has not recorded a reserve for SHIP notes that are not expected to be collected. Context In fiscal 2007, the County recorded a reserve for uncollectible SHIP notes of approximately $2.8 million. Effect An audit adjustment was recorded to correct the overstatement of net assets related to SHIP notes receivable. Cause The County does not have a formal policy in place to reserve for SHIP related deferred impact fees. 0806 - 0954714 172 13A Collier County, Florida Schedule of Findings and Questioned Costs (continued) Recommendation The County should establish and implement a policy for reserving impact fee amounts that are not expected to be collected. Management Response and Corrective Action Plan We agree that the asset needs to be recorded at net realizable value and will work with the department to establish an appropriate allowance for financial statement reporting purposes. Part III — Federal Awards and State Projects Findings and Questioned Costs Section This section identifies the audit findings required to be reported by Circular A -133 section .510(a), Section 215.97, Florida Statutes, and Chapter 10.550, Rules of the Auditor General, State of Florida, such as material weaknesses, significant deficiencies, and material instances of noncompliance, including questioned costs, as well as any abuse findings involving federal awards or state projects that are material to a major program. Finding 2007 -05 Federal Program Information U.S. Department of Transportation Highway Planning and Construction CFDA Number: 20.205 Criteria Cash Management: Effective internal controls over the request for reimbursement of federal funds from the grantor agency are required to be in place. Condition The same individual is responsible for both completing and approving the reimbursement requests. Questioned Costs N/A 0805 - 0954714 173 Collier County, Florida Schedule of Findings and Questioned Costs (continued) Context 13A Il The grant coordinator prepares the reimbursement requests and submits them to the grantor agency for reimbursement. However, there is no review of the reimbursement requests by someone other than the preparer for completeness and accuracy. Cause /Effect The County does not have effective supervisory review of reimbursement requests and also lacks adequate segregation of duties between the person preparing and approving the reimbursement request. Recommendation The County should ensure review and authorization by someone other than the preparer is obtained in order to properly segregate the duties of requesting and approving reimbursement requests, and to help ensure completeness and accuracy of the requests. Such reviews and approvals should be documented to evidence that the review took place. Views of Responsible Officials Management agrees with the comment. Planned Corrective Action The following actions will be implemented. All grant reimbursement requests will be reviewed by the appropriate Official(s) For all LAP funded highway projects, the Grants Coordinator will prepare the reimbursement request. The Operations Manager will review and approve the request prior to submission to the grantor and Finance. The Operations Manager's review will be documented to provide an audit trail to demonstrate segregation of duties. For all grants other than LAP, invoices /reimbursement requests will be developed and /or approved by the appropriate project manager and forwarded to the Grants Coordinator for review, approval and processing. The Grants Coordinator will provide Finance a copy of the grant invoices /reimbursement requests with all reconciliation documentation attached the same day the request is submitted to the grantor. Payments from the grantor will continue to be received by the Finance Department. 0806 -0954714 174 Collier County, Florida 13A l k4, Schedule of Findings and Questioned Costs (continued) Finding 2007 -06 State Program Information Florida Department of Environmental Protection Statewide Surface Water Restoration and Wastewater Projects CFSA Number: 37.039 Criteria Reporting: Reports submitted to the grantor agency should include all activity of the reporting period, be supported by applicable accounting or performance records, and be fairly presented in accordance with project requirements. Condition/Context The project's grant agreement required that a final report be submitted to the South Florida Water Management District (the "District," pass though entity) by August 1, 2007 to provide a final summary of the project. The final report to the grantor agency indicated "Scheduled Value" for the deliverables totaling $16.5 million. The County was not able to provide support for or reconcile this total to the expenditures for the project as recorded in the general ledger system. However, we were able to agree the District's cost share in the final report to the grant agreement and we noted that the expenditures in the general ledger system and in the final report were significantly higher than the District's cost share under the grant agreement. Questioned Costs N/A Cause /Effect The County did not maintain support for or reconcile the amount reported in the final project report submitted to the grantor to the expenditures for the project as recorded in the general ledger system. Accordingly, we were unable to verify the accuracy and completeness of the amounts reported as required by the State compliance supplement. Recommendation The County should implement procedures to ensure that reports are completed properly and that adequate supporting documentation is maintained. Additionally, a more organized /systematic approach should be taken to better identify specific project expenditures to be wholly or partially reimbursed by a grantor agency vs. other general project expenditures. 0806 - 0954714 175 Collier County, Florida 1 3 A " Schedule of Findings and Questioned Costs (continued) Views of Responsible Officials Management agrees with the Auditor comment. The first paragraph below explains the specific circumstance that generated the comment. The second paragraph defines the corrective action to be taken. Planned Corrective Action At the completion of the project (actually four different projects combined under CFSA Number: 37.039), staff recorded that the incurred costs were equal to the original costs projected in the grant. In fact, the actual costs incurred were greater than anticipated in the grant. As a result, since actual costs exceeded the costs projected in the grant, staff felt that this satisfied the grant agreement. For the current year and going forward, the Public Utilities Engineering Department Grant Coordinator will write and submit all interim and final project reports to the grantor, with guidance on the exact project status from the respective project manager. The Coordinator will maintain all project documents for each grant. Invoices and payment receipts for grant reimbursements are issued by the Utility Billing and Customer Service section of Public Utilities. Finally, an Excel spreadsheet will be created to track and identify expenditures associated with purchase order numbers by grant task. Finding 2007 -07 Federal Program Information U.S. Department of Justice State Criminal Alien Assistance Program ( SCAAP) CFDA Number: 16.606 Criteria Reporting: The County applied for the FY 2006 SCAAP grant and received the award funds during fiscal year 2007. The FY 2006 SCAAP reporting period is from July 1, 2004 through June 30, 2005. Applicants provide correctional officer staffing and salary costs, the total of all inmate days, and details about eligible inmates housed in their correctional facilities during this 12 -month reporting period. Using financial data supplied on the application, including each applicant's annual correctional officer salary costs, the award amount is determined pursuant to an established formula. 0806- 0954714 176 Collier County, Florida 13A Schedule of Findings and Questioned Costs (continued) The "FY 2006 SCAAP Guidelines" indicates the following with respect to the "Correctional Officer Salary Calculation:" "Salary information reported in the SCAAP application must reflect the total salaries and wages paid to full- and part-time correctional officers and others who meet the SCAAP definition. The reported sum should total the jurisdiction's actual salary expenditures for the applicable reporting period, not a projection, estimate, or average. Correctional officer salary costs may include premium pay for specialized service (e.g., bilingual officers), shift differential pay, and fixed -pay increases for time in service. It may also include overtime required by negotiated contract, statute, or regulation (e.g., union agreements, contractual obligations, required post staffing minimums, etc)." In the "FY 2005 SCAAP Guidelines," the last sentence above made reference to benefits and stated that correctional officer salary costs "may also include employee benefits and overtime required by negotiated contract, statute, or regulation (e.g., union agreements, contractual obligations, required post staffing minimums, etc). Office of Management and Budget (OMB) Circular A -87 (www.whitehouse.aov /omb /circulars /aO87 /toc htnil) provides general guidance on how benefits are defined for units of government." However, the FY 2006 SCAAP Guidelines omitted this reference and do not provide any mention of benefits being a qualifying officer salary cost. We contacted the DOJ for clarification with respect to the FY 2006 SCAAP award and were informed that "only actual salary costs, regular salary or overtime required by either contractual agreement or written policy, were allowable costs for the FY 2006 SCAAP applications." ConditiordContext In addition to overtime which appears to be allowable based on the information stated above, the County included wage benefits (i.e. incentives, training costs, retirement, group life and health insurance, and workers compensation) totaling $5.2 million in the calculation of total correctional salaries reported in the SCAAP grant application for the FY 2006 SCAAP grant. Questioned Costs N/A 0806 - 0954714 177 Collier County, Florida Schedule of Findings and Questioned Costs (continued) Cause 13 A '1, We were informed by representatives of the Collier County Sheriff's Office (Sheriff) that in connection with their FY 2005 SCAAP grant application they verbally communicated with the head of SCAAP in Washington D.C. who stated that benefits were an allowable salary cost, and that the rules had been recently amended to provide for the inclusion of overtime and benefits which were previously not allowable. Additionally, the Sheriff provided documentation indicating that beginning with the FY 2005 SCAAP grant, the Sheriff began including allowed overtime as well as benefits and they so informed the DOJ via an electronic submission of an explanation for the increase in salary costs from the prior year's application which exceeded 15 %. The application for the FY 2005 SCAAP grant was accepted by the DOJ. There is no documentation in the SCAAP guidelines and related materials of the change in rules as described with respect to the FY 2006 SCAAP grant. Effect The award amount received for the FY 2006 SCAAP grant would have been impacted by the amount of benefits included in the salary cost total reported on the grant application. Recommendation The Sheriff should review program guidelines and contact the grantor agency if reporting criteria are not clearly stated or if clarification is needed in interpreting information contained in the program guidelines. Written documentation from the grantor agency should be retained to support any such correspondence. Views of Responsible Officials and Planned Corrective Action The Collier County Sheriffs Office (CCSO) concurs with this recommendation to contact the grantor agency in writing, as is CCSO's practice, if reporting criteria are not clearly stated or if clarification is needed in interpreting information contained in the program guidelines. Written documentation from the grantor agency will be retained, as CCSO normally does, to support any such correspondence. The Collier County Sheriffs Office has received SCAAP awards every year since 1997. SCAAP guidelines are followed regarding all application submission requirements and eligible and ineligible application inclusions. Questions arise when SCAAP Guidelines and SCAAP online application forms have used different verbiage. The Bureau of Justice Assistance' Grant Management System (GMS) has a " SCAAP HELP" link in its SCAAP application site that is available for applicant clarification or to resolve conflicting statements. SCAAP HELP refers grantees directly to the applicable year's State Criminal Alien Assistance Program Guideline for proper direction in resolving questionable grant rules to follow for or in the grant application. The SCAAP Guidelines clearly state if a cost is eligible or ineligible. For example the FY 2006 080"954114 178 � Collier County, Florida 13A Schedule of Findings and Questioned Costs (continued) SCAAP Guidelines clearly indicate in the "Correctional Officer Definition" who does and does not qualify for inclusion in the officer count. The "FY 2006 SCAAP Guidelines" with respect to the "Correctional Officer Salary Calculation" is included in the audit Criteria section above. There is no reference to benefits not being eligible for inclusion in the "actual salary expenditures" for the application reporting period. The 2006 SCAAP Guidelines are silent about benefits and management believes that it was reasonable to include them in the calculation. We do not believe it is logical for benefits to be an allowable cost for only one year (FY2005) and then to revert back to years prior to 2005. When comparing the above referenced SCAAP 2006 Guidelines Correctional Officer Salary Calculation section to the SCAAP 2005 Guidelines Correctional Officer Salary Calculation section, commencing in 2005, benefits are allowable inclusions in the correctional officer salary calculation. No SCAAP Guideline after 2005 states that benefits are excluded. The CCSO maintains DOJ /BJA did not exclude benefits in SCAAP Guidelines after 2005 and that SCAAP 2005 Guidelines supersede 2002 SCAAP Frequently Asked Questions about the eligibility of the inclusion of benefits in the SCAAP 2006 corrections officer salary calculation. FY 2005 SCAAP Guidelines indicates the following with respect to the "Correctional Officer Salary Calculation:" "Salary information reported in the SCAAP application must reflect the total salaries and wages paid to full- and part-time correctional officers and others who meet the SCAAP definition. The reported sum should total the jurisdiction's actual salary expenditures for the applicable reporting period, not a projection, estimate, or average. Correctional officer salary costs may include premium pay for specialized service (e.g., bilingual officers), shift differential pay, and fixed -pay increases for time in service. It may also include employee benefits and overtime required by negotiated contract, statute, or regulation (e.g., union agreements, contractual obligations, required post staffing minimums, etc). Office of Management and Budget (OMB) Circular A -87 (www.whitchouse yov /omb/ circulars /a087 /toc.html) provides general guidance on how benefits are defined for units of government." To correct any possible questionable DOJBJA verbiage in the future, however, management will request written clarification, as it normally does, from the DOJ /BJA when there is an unclear SCAAP directive, contradiction, or what appears to be an omission in SCAAP Guidelines and not depend on SCAAP Guidelines to be complete. Nonetheless, there is a duty on the part of the grantor agency (DOJ /BJA) to explicitly state and include specific language in the SCAAP Guidelines each year about what costs are eligible and ineligible for application content. Suppressing words in SCAAP Guidelines by DOJ /BJA does not indicate benefit eligibility exclusion. It should also be noted that grantees and auditors are not privy to the numbers DOJ /BJA uses in the formula to calculate and determine SCAAP awards which are only partial reimbursement for the costs associated with the control and custody of criminal illegal aliens. 0806- 0954714 179 13A Collier County, Florida Schedule of Findings and Questioned Costs (continued) Grantees must interpret grantor developed applications that may omit important application sections that would offer both the grantor and the grantee with application field options to indicate what is in compliance with grantor guidelines (e.g., a separate field for wages, a separate field for fringe benefits, a separate field for overtime). Also, there is the concept of fixed compensation that is not addressed as eligible or ineligible by DOJ /BJA in their SCAAP Guidelines, and would be applicable to grantees nationwide since fixed compensation includes all benefits. This would mean that DOJ /BJA would be obligated, unless explicitly stated about what would be ineligible, to include wages, fringe benefits, and overtime in actual salary expenditures. Management believes the intent of the SCAAP 2005 Guidelines was there to continue to permit the inclusion of benefits in the correctional officer salary calculation since DOJ /BJA did not state otherwise in writing. Finding 2007 -08 Federal /State Program Information Schedule of Expenditures of Federal Awards and State Financial Assistance Projects Criteria Reporting: Recipients of federal and state awards are to maintain adequate controls over their books and records in order to prepare appropriate financial statements, including the Schedule of Expenditures of Federal Awards and State Financial Assistance Projects (OMB Circular A -133, Section .300(d) and Section 215.97, Florida Statutes). Condition/Context The Schedule of Expenditures of Federal Awards and State Financial Assistance Projects (the Schedule) provides total federal and state financial assistance project awards expended for each individual federal and state program. Various revisions were required from the original Schedule to the final Schedule due to errors and /or omissions that were identified by the County throughout the reconciliation process which extended for several months or through inquiries we posed in relation to specific grants or variances from prior year amounts. We were also notified of a communication the County recently received from a grantor agency indicating that certain programs were not reported in the Schedule in prior years. Questioned Costs N/A 0806- 0954714 180 Collier County, Florida 13A Schedule of Findings and Questioned Costs (continued) Cause /Effect The Schedule is centrally developed through coordination with various departments and agencies within the County and the accuracy and completeness of the Schedule is dependent upon the accuracy and completeness of information provided by the various departments. Certain departments did not report accurately or timely, and therefore the original fiscal 2007 Schedule required updating to correct any identified errors and /or omissions. Additionally, the programs erroneously omitted from the prior year's Schedule, as notified by a grantor agency, were omitted because the respective department did not appropriately identify the awards as grants and therefore did not report the information to the Clerk's finance department, which is responsible for preparation of the Schedule. Recommendation The County should implement additional procedures and internal controls to ensure the information used to develop the Schedule is accurate and complete and submitted on a timely basis. Views of Responsible Officials Management agrees with the Auditor comment. Planned Corrective Action The County will review its current policies, processes and procedures. Additional procedures and internal controls will be developed and implemented to monitor the information used to develop the Schedule for grants and aid programs. A major consideration will be a central coordination point for the processing and control of reporting requirements. 0806A954714 181 13A Collier County, Florida Schedule of Findings and Questioned Costs (continued) Finding 2007 -09 Federal Program Information U.S. Department of Housing and Urban Development Home Investment Partnerships Program (HOME) CFDA No. 14.239 Criteria Subrecipient Monitoring: Recipients of HOME funding should have policies and procedures in place to indicate how subrecipients are monitored. This should include an understanding of the scope, frequency, and timeliness of monitoring activities and the number, size, and complexity of awards to subrecipients. Entities that pass - through funds to subrecipients are also required to obtain and review the subrecipients' audit reports for the project year. For subrecipients that are not required to submit a copy of the reporting package to a pass - through entity because there were no audit findings, the pass- through entity may use the information in the Federal Audit Clearinghouse database as evidence to verify that the Subrecipient had no audit findings and that the required audit was performed. In addition, the "Monitoring" section in the County's One -Year Action Plan presented to and approved by HUD in April 2006, states that "Each project is monitored on an ongoing basis though a combination of desk and phone monitoring, site visits and monthly reporting. Onsite monitoring of subrecipients is scheduled and completed annually by the Project Management Staff. A checklist is completed and reviewed to ensure all aspects of the activity are carried out in accordance with applicable regulations." Condition/Context While the County has a broad standard of monitoring subrecipients, outlined in the One -Year Action Plan, they do not have detailed policies and procedures in place to carry out such monitoring. We selected two of the three subrecipients (Big Cypress, Inc. and Collier County Housing Authority -CCHA) to which HOME funds were disbursed during the fiscal year. At the time we performed our testing, we noted Collier County had not obtained or reviewed the audit reports for either Subrecipient during the year. County staff subsequently obtained the audit reports. We also noted that there was no evidence of the monitoring (phone, desk or onsite reviews) as described by the One -Year Action Plan, approved by HUD. Questioned Costs N/A 0806 - 0954714 182 Collier County, Florida 13A ! I' Schedule of Findings and Questioned Costs (continued) Cause /Effect Collier County does not have established procedures regarding subrecipient monitoring. This may lead to undetected audit findings at the subrecipient or pass - through entity level. In addition, the County is not in compliance with the subrecipient monitoring requirement. Recommendation We recommend that management document and implement the policies and procedures required to properly monitor subrecipients, and that management keep records to evidence such monitoring. Views of Responsible Officials Management agrees with this finding. Planned Corrective Action Staff performs extensive desk and phone monitoring of all subrecipients. Desk monitoring occurs during the receipt, analysis and processing of each payment request and phone monitoring occurs on an ongoing basis. In addition, subrecipients provide a monthly status report on projects which is a type of monitoring. Annual audits are requested from each subrecipient and those noted in the finding have been received and placed in their files. Management will, however, document and implement more detailed policies and procedures regarding monitoring and ensure that accurate records are kept as evidence of project monitoring. Details should include dates of phone and desk monitoring, items covered and any follow -up needed. Finding 2007 -10 Federal Program Information U.S. Department of Housing and Urban Development Home Investment Partnerships Program (HOME) CFDA No. 14.239 Criteria Eligibility: HOME funds are provided only to eligible recipients. 0806 - 0954714 183 13A .I Collier County, Florida Schedule of Findings and Questioned Costs (continued) ConditionlContext During our testing of the HOME grant and review of the participants' files that were selected for eligibility testing, we noted that one participant to whom HOME funds were provided during the year was assigned an incorrect file number and was actually a participant for the CDBG. Questioned Costs $5,500 CauselEffect The amount disbursed to the participant was incorrectly charged to the wrong expenditure account and the wrong federal program. This in turn affected the FY 2007 Schedule of expenditures for the HOME and CDBG programs. Based on a review of the HOME detail of expenditures, we noted that this was an isolated incident; however, controls were not in place to identify this error. Recommendation We recommend that management review monitoring controls to ensure that participants are charged to the correct program and that any errors are identified and corrected. Views of Responsible Officials Management agrees with this finding. While the amount disbursed to the participant was incorrectly charged to the wrong expenditure /program account, this was an isolated incident due to the transposition of a number. There are at least two levels of review to determine the correct account code. In this one particular case, it was entered incorrectly. The procedure to determine eligibility to the CDBG program was followed correctly and it was determined that the recipient qualified to receive assistance from the CDBG funds. Planned Corrective Action 1) A journal entry will be processed to post the expenditure to the proper fund account. 2) Controls over data entry will be reviewed, and if necessary, revised. 0806 - 0954714 184 Collier County, Florida l 3 A ; `l Schedule of Findings and Questioned Costs (continued) Finding 2007 -11 Federal /State Program Information Federal Agency: US Department of Housing and Urban Development (HUD) Home Investment Partnerships Program (HOME) — CFDA No. 14.239 Community Development Block Program (CDBG) — CFDA No. 14.218 State Agency: Florida Housing Finance Corporation State Housing Initiatives Partnership Program (SHIP) — CSFA No. 52.901 Criteria Allowable Costs: Compensation for personnel services rendered in connection with Federal awards must be documented and supported as described in OMB Circular A -87, Cost Principles for State, Local and Indian Tribal Governments (A -87). Additionally, pursuant to the SHIP Program Manual, administrative costs for the SHIP state program should also be in conformance with A -87. According to A -87, the standards regarding time distribution are in addition to the payroll documentation and require the following: Charges to Federal awards for salaries and wages, whether treated as direct or indirect costs, will be based on payrolls documented in accordance with the generally accepted practice of the governmental unit and approved by responsible official(s) of the governmental unit. • Where employees are expected to work solely on a single Federal award or cost objective, charges for their salaries and wages will be supported by periodic certifications that the employees worked solely on the program for the period covered by the certification. These certifications will be prepared at least semi - annually and will be signed by the employee or supervisory official having first -hand knowledge of the work performed by the employee. Where employees work on multiple activities or cost objectives, a distribution of their salaries or wages will be supported by personnel activity reports or equivalent documentation which meets the following standards (unless a statistical system or other substitute system has been approved by the cognizant Federal agency): a) must reflect an after - the -fact distribution of the actual activity of each employee, b) must account for the total activity for which each employee is compensated, c) must be prepared at least monthly and must coincide with one or more pay periods, and d) must be signed by the employee. 0806- 0954714 185 13A Collier County, Florida Schedule of Findings and Questioned Costs (continued) e) Budget estimates or other distribution percentages determined before the services are performed do not qualify as support for charges to Federal awards but may be used for interim accounting purposes. Condition/Context We noted that the County's documentation supporting payroll allocations for employees that work on multiple grants did not meet federal standards as described in OMB Circular A -87 as described above. The County uses a Personnel Activity Report (PAR) to allocate payroll salaries for employees who work on multiple activities. These reports are prepared annually, at the beginning of each fiscal year, based on an estimate of the time the employees are expected to work on a grant. The PAR does not show the total activity for which an employee is compensated and does not require the employee's signature. The County's Department of Housing and Human Services (the department responsible for the administration of the HUD grants) initiated a timesheet process in FY 2006 whereby employees in the department indicate the projects (HOME, SHIP, or CDBG) to which their time relates each week. These timesheets are signed by the employees and supervisors and kept in the department for internal control purposes. These timesheets are not provided to the County's payroll department to adjust the allocation of payroll costs from the estimate as indicated in the annual PAR form to actual time spent. Thus, there is not an "after the fact" accounting based on actual activity. Also, we noted a salaried employee in our sample for the CDBG program whose payroll is allocated 100% to the grant; however, semi -annual certifications were not completed as described above. 0806 - 0954714 186 13A Collier County, Florida Schedule of Findings and Questioned Costs (continued) Questioned Costs Total salaries and related costs are summarized as follows: HOME (CFDA # 14.239) $ 94,202 CDBG (CFDA # 14.218) $ 329,301 SHIP (CSFA # 52.901) $ 200,486 Cause /Effect The PARS and timesheets used do not meet the requirements of OMB Circular A -87 with respect to the documentation supporting the allocation of salaries and related costs. The payroll charged to a grant is based on the PAR, or budgeted amount, and there is no process in place to compare the PAR percentage used by the payroll department to allocate costs during the year to the actual time incurred by the employee based on the timesheets. Additionally, PAR reports do not include the employee's signature and are completed annually; however, for employees who work solely on one grant, certification forms are required to be completed at least semi - annually. Recommendation We recommend that the County continue to use the timesheet process implemented during fiscal year 2006 whereby the employees and a supervisor sign each timesheet. In addition, the County should implement a process to provide the timesheets to the payroll department on a periodic basis to match the related payroll allocated to each grant (as based on the PAR), to the actual time spent working on the federal /state grant based on the after- the -fact timesheet, and any adjustments necessary to true -up the estimated payroll charged to the grant (based on the PAR) to the actual amount (based on the timesheets) should be made. Alternatively, the payroll department could charge payroll costs to the grants based on actual timesheets submitted weekly as opposed to using the budgeted PAR percentage as the basis for allocating costs each pay period. PAR reports should be signed by the employee and completed at least semi - annually for those employees who work solely on one grant. Views of Responsible Officials Management agrees with the comment. 0806-0954714 187 3A �4 Collier County, Florida Schedule of Findings and Questioned Costs (continued) Planned Corrective Action I) Housing and Human Services Department will work with Human Resources Payroll staff regarding the SAP module for time tracking to develop a process that will enable us to charge the actual time incurred by the employee (after the fact) to a grant versus projected budgeted allocation based on the PAR. 2) Housing and Human Services staff will continue utilizing the timesheet documentation process developed in FY 2006. 3) Management will review the timesheets quarterly and compare them against cost allocations to make adjustments accordingly. 4) The PAR forms will be revised to accommodate employee's signature. 5) Departmental policies and procedures will be revised to reflect changes. Finding 2007 -12 Federal Program Information U.S. Department of Housing and Urban Development Home Investment Partnerships Program (HOME) CFDA No. 14.239 Criteria Matching: Participating jurisdictions are required to maintain records, including individual project records and a running log, demonstrating compliance with the matching requirements, including the type and amount of contributions by project. Matching information is provided on the HOME Match Report (HUD- 40107 -A) (24 CFR sections 92.218 through 92.220, 92.222, and 92.508). Per review of the instructions on the HOME Match Report (HUD- 40107 -A) we noted that "The HOME Match Report is a part of the HOME APR and must be filled out by every participating jurisdiction that incurred a match liability. A participating jurisdiction not required to submit this report either because it did not incur any match or because it had a full match reduction, may submit a HOME Match Report if it wishes." Condition/Context The HOME Match Report was not submitted for fiscal year 2007. The County was not aware that this report was required, and did not meet any of the exemption criteria. In addition, the records used to track the HOME match contributions are not in accordance with 24 CFR 92.504. The tracking spreadsheet utilized by the County shows the matching 0806- 0954714 188 Collier County, Florida 13A Schedule of Findings and Questioned Costs (continued) contributions by program but does not indicate the exact amount that was contributed. There is no clear indication in the spreadsheet as to the date the contribution was made to the program and we were unable to validate the amount contributed from the spreadsheet to the general ledger as there are no index numbers or dates in the spreadsheet. In addition, the spreadsheet is not reviewed to ensure compliance with the matching requirements. Upon drawdown of entitlements the County is required to input the match contributed to the project to HUD's Integrated Disbursement and Information System (IDIS), however, IDIS is unable to generate a report that identifies the matching previously submitted. Questioned Costs N/A Cause /Effect The County is not in compliance with the reporting or recordkeeping portion of the matching compliance requirement. Recommendation We recommend that the County /Department of Housing and Human Services review HOME program guidelines and provide the program managers with the reporting and recordkeeping requirements. The County should implement a tracking system to ensure reporting requirements are being met. The County should improve its method of tracking matching contributions to support the amounts reported in IDIS (including source of funding: index numbers to trace source to general ledger) and the general ledger. Views of Responsible Officials Management agrees with the comment. Planned Corrective Action 1) Housing and Human Services (HHS) staff will review the HOME program guidelines to further understand the HOME match requirements. 2) HHS staff has recently developed a tracking system to track the HOME match contributions in compliance with 24 CFR 92.504 which is an improvement to the current tracking mechanism,. 3) The HOME Match Report (HUD- 40107 -A) will be completed by September 30 of each year and included in the Consolidated Annual Performance and Evaluation Report (CAPER). 4) Departmental policies and procedures will be revised to reflect the changes made. 0606- 0954714 189 Collier County, Florida Schedule of Findings and Questioned Costs (continued) Finding 2007 -13 Federal Program Information U.S. Department of Housing and Urban Development Home Investment Partnerships Program (HOME) CFDA No. 14.239 Criteria 13A 141 Reporting: Section 3 Summary Report, Economic Opportunities for Low- and Very Low - Income Persons (OMB No. 2529 -0043) requires that for each grant over $200,000 that involves housing rehabilitation, housing construction, or other public construction, the prime recipient must submit Form HUD 60002 (24 CFR sections 135.3(a) and 135.90). ConditionlContext The County did not submit Form HUD 60002 during the program year. The program received a grant of which $200,000 went to a subrecipient, Big Cypress, to provide financial assistance with the construction of low - income housing. Questioned Costs N/A CauselEffect The County did not submit HUD 60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low- Income Persons to the field office for fiscal year 2007. Recommendation We recommend that the County /Department of Housing and Human Services review HOME program guidelines and provide the program managers with the reporting requirements. The County should implement a tracking system to ensure reporting requirements are being met. Views of Responsible Officials Management agrees with this finding. 0806- 0954714 190 Collier County, Florida 1 3 A trig Schedule of Findings and Questioned Costs (continued) Planned Corrective Action Housing and Human Services will review the HOME program guidelines and update our checklist to ensure that the Section 3 reports are completed as indicated. Whenever a subrecipient receives $200,000 or more in CDBG or HOME assistance as it relates to construction, a Section 3 form will be included in the award package and completed. The report will be sent to the field office by the deadline required. Finding 2007 -14 State Program Information Florida Housing Finance Corporation (the Corporation) State Housing Initiatives Partnership Program (SHIP) CSFA No. 52.901 Criteria Reporting: • In accordance with Section 420.9075(10), Florida Statutes, each county or eligible municipality shall submit to the Corporation by September 15 of each year a report of its affordable housing programs and accomplishments through June 30, immediately preceding submittal of the report. • Annual reports for the Closeout Fiscal Year (2004/2005), Interim Fiscal Year 2 (2005/2006), and Interim Fiscal year 3 (2006/2007) (the Annual Report) must be included in the submission to the Corporation. • The local SHIP administrator's tracking system and annual reports must exactly match the information recorded in the local city or county's general ledger. • SHIP administrators, therefore, are required to regularly reconcile their tracking system with the local finance department's general ledger. They should meet with the director of their finance department to create a process that will ensure compliance with the single audit act. 0806 - 0954714 191 Collier County, Florida 3 A Schedule of Findings and Questioned Costs (continued) Cash Management: Interest income earned on state program advances must either be returned to the awarding agency or applied against the agency's obligation to pay the contract amount. The SHIP guidelines provide that the application of program income and recaptured funds from loan repayments, reimbursements or other repayments, and interest earnings on the local housing distribution funds shall evidence compliance with the provisions of Rule 67- 37.007, F.A.C., Uses of and Restrictions Upon SHIP Local Housing Distribution Funds for Local Housing Assistance Plans. Condition/Context The financial information included in the submitted Annual Report was not reconciled to the County's general ledger. Accordingly, we were unable to validate the amount of expenditures reported in the Annual Report. Additionally, we noted that there were no amounts reported for "program income (interest)" for the 2004/2005 and 2005/2006 grant award periods, however, interest was earned on the unspent portion of the respective advances and should have been reflected as program revenue. Questioned Costs Unknown Cause /Effect The financial information submitted in the annual statutory reports did not agree to and was not reconciled with the general ledger. This results in incorrect and /or inconsistent information between the reports filed and the underlying financial records and indicates that the County is not in compliance with the provisions of the SHIP Program Manual requiring that amounts reported in the Annual Report match the amounts reported in the general ledger. Additionally, interest income on unspent funds was not allocated, tracked, or reported by award year. Internal controls with respect to reporting and accounting for interest income were not operating effectively. Recommendation The County should implement procedures that require that the statutory reports be reconciled to the general ledger and reviewed and approved by finance department staff prior to being filed with the State. The County should also establish a separate general ledger account or index code for each entitlement year for interest income and ensure that interest income is appropriately captured, reported, and expended as appropriate. 0806 - 0954714 192 13A C . 1 Collier County, Florida Schedule of Findings and Questioned Costs (continued) Views of Responsible Officials Management agrees with this comment. As preparation for the submission of the SHIP Annual Report, staff matches all expenditures listed on the SHIP tracking spreadsheets to the general ledger. However, staff did not reconcile the complete general ledger as relates to SHIP. Planned Corrective Action The HHS staff will perform a reconciliation of SHIP transactions monthly to ensure that the Annual SHIP report tracks to the SHIP annual report. This is a new procedure that was just implemented. The SHIP grant support specialist will run reports at the end of each month and reconcile those transactions to the activity in the SHIP spreadsheet. These reports are maintained throughout the year and are expected to greatly improve staff's ability to reconcile with the general ledger when preparing the SHIP Annual Report. Finding 2007 -15 Federal Program Information U.S. Department of Housing and Urban Development (HUD) Community Development Block Program (CDBG) CFDA No. 14.218 Criteria Procurement, Suspension and Debarment: Non - Federal entities are prohibited from contracting with or making subawards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. All nonprocurement transactions (i.e., subawards to subrecipients), irrespective of award amount, are considered covered transactions. When a non - federal entity enters into a covered transaction with an entity at a lower tier, the non - federal entity must verify that the entity is not suspended or debarred or otherwise excluded. This verification may be accomplished by checking the Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA), collecting a certification from the entity, or adding a clause or condition to the covered transaction with that entity. Condition/Context The County did not maintain documentation indicating that it had checked the EPLS for subawards to subrecipients. Additionally, there was no certification from the entity or clause or condition included in subrecipient agreements. 0806- 0954714 193 13A Collier County, Florida Schedule of Findings and Questioned Costs (continued) Questioned Costs N/A Cause /Effect Internal controls with respect to suspension and debarment for subrecipients were not operating effectively as no documentation was maintained indicating that the EPLS was checked prior to making subawards. Additionally, there was no evidence that the County had obtained a certification from the entity, or added a clause or condition to the contract with the entity. Therefore, we could not verify whether the County met its requirement to verify that subrecipeients were not suspended or debarred or otherwise excluded. Recommendation The County should perform verification of subrecipients by checking the EPLS (and documenting evidence of the verification, when it was performed and by whom), collecting a certification from the entity, or adding a clause or condition to the contract with that entity in accordance with the Federal requirements. Views of Responsible Officials Management agrees with this finding. Planned Corrective Action HHS has reviewed the debarment status of every contractor and sub - contractor working on construction projects in the EPLS system. The department will add debarment certification criteria to the application process for each sub - recipient. No contract will be executed with a sub - recipient until debarment review for that entity is performed. The debarment certification will be added to our checklist for the project file. 0806 -0954] 14 194 13 A `4 Collier County, Florida Schedule of Findings and Questioned Costs (continued) Finding 2007 -16 Federal Program Information U.S. Department of Housing and Urban Development (HUD) Community Development Block Program (CDBG) CFDA No. 14.218 Criteria Performance Reporting: For each grant over $200,000 that involves housing rehabilitation, housing construction, or other public construction, the prime recipient must submit Form 60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low - Income Persons (24 CFR sections 135.3(a), 135.90, and 570.607). The Dollar Amount of Award is considered a key line item. For performance reports, OMB Circular A -133 requires that reports are accurate and complete and prepared based on the appropriate supporting data. Financial Reporting: Grantees may include reports generated by IDIS as part of their annual performance and evaluation report that must be submitted for the CDBG Entitlement Program 90 days after the end of a grantee's program year. Auditors are expected to test information extracted from IDIS in the system - generated reports including the CO4PR26 — CDBG Financial Summary. For financial reports, OMB Circular A -133 requires that amounts reported are in agreement with the accounting records that support the audited financial statements (i.e. general ledger) and the Schedule of Expenditures of Federal Awards and State Financial Assistance (SEFA). Condition/Context The Form 60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low - Income Persons submitted by the County on January 18, 2008 for the reporting period of July 1, 2006 to June 30, 2007 specified that the total amount of award was $2,400,655. However, this award amount relates to the 2007 -2008 entitlement for the program year that began on July 1, 2007. Accordingly, it appears that the incorrect award was used to complete this report. The expenditures reported in the CO4PR26 — CDBG Financial Summary report for the period of July 1, 2006 through June 30, 2007 based on the IDIS system had not been appropriately reconciled to the County's general ledger. 0806 - 0954714 195 Collier County, Florida 13A 4 Schedule of Findings and Questioned Costs (continued) Questioned Costs Unknown Cause /Effect Internal controls with respect to reporting were not operating effectively. The expenditures reported in the CO4PR26 report referred to above had not been reconciled with the general ledger and the Form 60002, Section 3 Summary Report, was not properly prepared. This results in incorrect and /or inconsistent information between the reports filed and the underlying financial records. Recommendation The County should implement procedures that require that financial reports extracted from IDIS be reconciled to the general ledger and reviewed and approved by appropriate staff on a timely basis. Evidence of the reconciliation and of the review should be documented and retained. Performance reports should be thoroughly reviewed for accuracy and completeness before they are submitted. Views of Responsible Officials Management agrees with this finding. Planned Corrective Action 1) Housing and Human Services (HHS) staff will review the HUD program guidelines regarding report submission requirements. 2) HHS staff is in the process of development a reporting calendar whereas all HUD reports will be submitted in a timely manner. 3) Report Form 60003, Section 3 Summary Report will be completed and submitted prior to the deadline of September 30 of each year. 0806- 0954714 196 13A i k:-i Collier County, Florida Schedule of Prior Audit Findings For the Year Ended September 30, 2007 A. The current status of a finding reported by the County's prior auditor for the year ended September 30, 2006 related to the basic financial statements is as follows: Finding 2006 -1 Criteria or Specific Requirement Government Accounting Standards Board Statement No. 33, Accounting and Financial Reporting for Nonexchange Transactions (GASB 33), states that governments should recognize assets from imposed nonexchange revenue transactions in the period when an enforceable legal claim to the assets arises or when the resources are received, whichever occurs first. All imposed nonexchange revenues should be recognized in the same period that the assets are recognized unless the enabling legislation includes time requirements. Impact fees revenue is classified as an imposed nonexchange legislation. Additionally, the County never recorded certain developer donated properties which were received in lieu of impact fees. Since the County retained ownership in the property at the time of receiving these properties, the County should have recorded the capital contributions when donated. Condition The County had historically recorded impact fee revenues as unearned revenue until the County had met all the restrictions in the enabling legislation related to the fee. Also, the County has not recorded developer donated properties received in lieu of impact fees in previous years. Current Status Corrective action was taken. Currently, impact fee credit ledgers are supplied by the Community Development and Environmental Services Department at the end of the fiscal year. These ledgers map to Developer Contribution Agreements and list value received, or to be received, in return for impact fee credits, as well as outstanding impact fee credit balances by Developer Contribution Agreement (DCA). Rights of way, easements and land are recorded as provided for in the DCA and construction improvements are recorded as accounts receivable until completion. Capital assets related to impact fee credit balances are current and booked through September 30, 2007. 0606-0954714 197 13A 111 Collier County, Florida Schedule of Prior Audit Findings (continued) B. The current status of findings reported by the County's prior auditor for the years ended September 30, 2006 and 2005 related to major federal programs and state projects is as follows: Finding 2006 -2 Federal Agency: U.S. Department of Housing and Urban Development Program: Community Development Block Grant (CDBG) Home Investment Partnerships Program (HOME) CFDA Number: #14.218, 14.239 Award Numbers: M- 05 -UC- 120217, B- 04- UC- 120016, B- 05 -UC- 120016 Award Years: 2004, 2005 Recommendation The County has now completed an Environmental Review Record for each of the projects mentioned in this finding. Environmental reviews should be completed for each project prior to IDIS set -up and prior to expending any grant funds. To ensure completion of environmental assessments, we recommend implementation of oversight controls. After each ERR is completed, it should (1) be signed and dated by the appropriate staff member and (2) be reviewed and approved by management. The approved ERR should then be forwarded to the person responsible for IDIS set -up (to initiate this process) and subsequently placed in the appropriate file. We recommend the County update its policies and procedures to document all controls and processes associated with environmental reviews. Management's Response Collier County concurs with this finding and as indicated in the recommendation above has already implemented additional environmental practices and procedures. Consequently, our positive completion of all environmental reviews and implementation of additional practices and procedures has validated all HUD eligible activities and any and all questioned costs associated with these and future projects. 0606 -0954714 198 Collier County, Florida 13A Schedule of Prior Audit Findings (continued) Current Year Status Collier County Housing and Human Services Department has updated the Environmental Review policies and procedures already in place to reflect the process in a more comprehensive and detailed manner when completing the Environmental Reviews (ERR). To ensure compliance with HUD regulations, Collier County will require the appropriate staff members to attend HUD sponsored Environmental training. This will be accomplished in the first three months of 2008. Another level of control added to the Environmental Review process is the review of each of the ERRS by the Grants Operations Coordinator (GOC) after the Grants Management Coordinators complete ERR documents for their projects /activities to determine the appropriate level of clearance. The GOC will check the ERRs to make sure the projects /activities have correctly been categorized as to the level of environmental review required, therefore assuring that the established procedures have been followed and all HUD required forms are included in the ERR. Finding 2006 -3 Federal Agency: U.S. Department of Housing and Urban Development Program: Home Investment Partnerships Program (HOME) CFDA Number: 414.239 Award Numbers: M- 03 -UC- 120217, M- 04 -UC- 120217, M- 05 -UC- 120217 Award Years: 2003, 2004, 2005 Recommendation We recommend formal policies and procedures with respect to Community Housing Development Organization (CHDO) certifications. The policies should address initial CHDO certification as well as CHDO re- certifications, and require completion of an annual checklist. For initial certifications, the County should have documentation to support each item on this checklist. Documentation required for re- certifications should also be described. To ensure proper controls are in place, we recommend coordination of CHDO documentation by one individual and review and approval by another. 0806 -0954714 199 "; 13 A I , Collier County, Florida Schedule of Prior Audit Findings (continued) Management's Response Collier County Housine Develonment_Corporation (CCHDC Low Income Community Input: The by -laws of CCHDC include a statement of compliance that CCHDC would create a "process for low income community input." CCHDC did adopt by Board motion a formal written process for low income community input. CCHDC's actions since its inception have reinforced this policy. CCHDC has now adopted an official corporate resolution on January 11, 2007 validating that their official policy of low income community input has been in existence since creation of the organization. Low income Board representation: As part of the County's CHDO Certification checklist process, low- income board participation is verified by staff. CCHDC has always and continues to maintain their required minimum number of low income board members. CHDO Certification Date: The certification process for CCHDC occurred over approximately a 9 month period. On December 8, 2005 county staff attended the Board meeting where the CCHDC adopted the two remaining policy items, thus completing all of the HUD checklist requirements for their CHDO certification status. Empowerment Alliance of Southwest Florida (EASF) CHDO Low - income community input and CHDO Capacity: EASF has been a State of Florida certified CHDO since 2002. The State guidelines for CHDO certification are identical to HUD guidelines. Documentation of State CHDO approval is on file with Collier County. EASF has been operating in Collier County since 2000 which substantiates their capacity and experience working in the low- income community of Immokalee. Big Cypress Housing Corporation CDHO Capacity and Staffing: Big Cypress CHDO operates as a subsidiary of Everglades Community Association. The staff of the organization is allocated to the parent organization supporting the CHDO and charges their time accordingly. Everglades Community Association operates 3 certified CHDOs throughout Florida in Collier, Manatee, and Miami -Dade counties utilizing the same staffing relationships. Everglades Community Association and its subsidiaries have developed over 1,000 units throughout Florida. It is common practice for nonprofits to create new corporate entities for each new housing development. As a result, staff remains on the parent corporation's payroll for administrative expediency. Big Cypress retains the staff talent by absorbing the appropriate cost of their share of the parent corporation's payroll cost. 0806 - 0954714 200 Collier County, Florida 13A ? I Schedule of Prior Audit Findings (continued) Chapter 8 of Building HOME (page 8 -11) specifically provides for alternative staffing plans that would allow this staffing arrangement to satisfy the requirement for staff capacity and experience. Big Cypress Housing Corporation developed and owns the 79 -unit Main Street Village in Immokalee. In addition, Steve Kirk, President and Executive Director received a national award from the Housing Assistance Council in Washington, D.C. in December 2006 for his efforts to develop housing for migrant farm workers. In essence, it is our opinion, that this CHDO meets the HOME requirements in substance over form. General Collier County is confident that all three organizations have been appropriately certified as Community Housing Development Organizations (CHDOs) and that all expenditures are in compliance with HUD HOME regulations. The HUD CHDO Certification checklist will continue to be used annually for recertifying all organizations seeking CHDO status in Collier County. Current Year Status The HUD CHDO Certification checklist is used annually to recertify all organizations seeking CHDO status in Collier County. It is the responsibility of one Grant Coordinator to certify the CHDO status which is then confirmed by a member of the HHS management team. All paperwork is contained within the files of the organizations seeking CHDO status. CCHDC: As part of the recertification process, Collier County Housing and Human Services requires CHDO's to complete an HUD CHDO Certification annual checklist. Low- income board participation is noted on CCHDC's By -laws, corporate resolution and board list. EASF: As part of the recertification process, Collier County Housing and Human Services requires CHDO's to complete an HUD CHDO Certification annual checklist. Low - income board participation is noted on EASF's by -laws, board resolution, and board list. BCHC: As part of the recertification process, Collier County Housing and Human Services requires CHDO's to complete an HUD CHDO Certification annual checklist. Low- income board participation is noted on Big Cypress' by -laws, board resolution and board list. 0806- 0954714 201 Collier County, Florida 1 3 S 1114 Schedule of Prior Audit Findings (continued) Finding 2006 -4 Federal Agency: U.S. Department of Housing and Urban Development Program: Home Investment Partnerships Program (HOME) CFDA Number: #14.239 Award Numbers: M- 05 -UC- 120217 Award Years: 2005 Recommendation We recommend thorough research and review of CHDO requirements prior to entering into a contractual agreement. Additional review and approval procedures should be developed with respect to CHDO expenditures to ensure that all conditions are met prior to the release of any CHDO funds. We recommend formal documentation of all CHDO requirements and controls. Management's Response Collier County reviewed HUD HOME rules and made the determination that the Collier County Housing Development Corporation ( CCHDC) was acting as a developer in the case of the Cirrus Pointe project. The joint venture agreement between CCHDC and Jim Fields states that both parties are responsible for the development of the project. This contractual agreement details the property owner and the CHDO's specific obligations to bring this project from conception to completion. "The parties desire to form ajoint venture for the development and sale of the parcel according to this agreement. The parties hereby create a Joint Venture for the construction and sale of 108 residential condominium units on the. parcel." In addition, the CHDO will be involved in efforts to secure additional financing for this project and the prequalification and sale of the affordable units. HUD encourages CHDO's to develop partnerships in order to more successfully develop, construct, finance and sell affordable housing. According to HUD regulations a CHDO is defined as a "Developer" when it "has a contractual obligation to a property owner to develop a project." In addition, "In the Developer role, the CHDO carries out some or all of the principal project development activities." (Building HOME pgs 8 -12 and 8- 15). On January 16, 2007, staff requested clarification from the Miami HUD office on this matter. Corrective Action: Attend training on CCHDO's sponsored by the National Association for County, Community and Economic Development in June, 2007 and update the certification checklist and policies and procedures to reflect the training within 30 days. 0806 - 0954714 202 Collier County, Florida 13A ! 'I Schedule of Prior Audit Findings (continued) Current Year Status Because of the transition of staff members in Housing and Human Services, attendance at the CHDO training in June was not possible. Training has been scheduled for February of 2008. In a conference call with the Miami Field Office, it was determined that HUD would not render an opinion based on the audit. For future CHDO contractual agreements, technical assistance will be requested to clarify CHDO requirements and all proposed CHDO expenditures will be reviewed to ensure that all conditions are met prior to the release of funds. Finding 2006 -5 Federal Agency: U.S. Department of Housing and Urban Development Program: Home Investment Partnerships Program (HOME) CFDA Number: 914.239 Award Number: M- 05 -UC- 120217 Award year: 2005 Recommendation We recommend the County review any future joint venture agreements that are associated with CHDO set -aside funds and ensure that the requirements described above are met prior to the expenditure of HOME funds. Management's Response Collier County will continue to review all joint venture (JV) agreements as an integral part of its evaluation of HOME CHDO projects and their compliance with HUD regulations. Current Year Status Staff attended Joint Venture training on April 19, 2007. The staff members then provided in house training for the rest of the Grants staff on July 16, 2007. Legal documents continue to be reviewed by the County Attorney. The contract with the Cirrus Pointe was extended by the Board of County Commissioners for the work to be completed by 12/09. The developer is in the process of applying for building permits. Housing and Human Services grants staff is providing technical assistance to the developer to ensure a successful completion of this project. 0806 - 0954714 203 Collier County, Florida 13A 1 Schedule of Prior Audit Findings (continued) Finding 2006 -6 Federal Agency: U.S. Department of Housing and Urban Development Program: Home Investment Partnerships Program (HOME) CFDA Number: #14.239 Award Number: M- 03 -UC- 120217 Award Year: 2003 Recommendation We recommend the County develop and utilize a checklist describing all documentation requirements for real property acquisitions. Management level personnel should review and formally approve all significant steps (as described on the checklist) in the property acquisition process. We also recommend sending any future Uniform Relocation Act (URA) letters via "certified" mail to document compliance with the above -noted requirements. Management's Response With regards to this land acquisition activity, the seller was delinquently notified of all URA requirements by the co- developer of the project, Beneficial Communities. Collier County has implemented a project checklist requiring management approval certifying URA requirements have been met by sub - recipients prior to disbursement of funds. Current Year Status Staff attended URA training in April 2007. Policies and procedures were updated to reflect the training in July, 2007. Subrecipients will receive training and technical assistance on policies and procedures regarding the Uniform Relocation Act. Appropriate paperwork will be on file, including documentation of URA letters sent by certified mail. 0806 - 0954714 204 Finding 2006 -7 Federal Agency: Program: CFDA Number: Award Number: Award Year: Recommendation Collier County, Florida Schedule of Prior Audit Findings (continued) U.S. Department of Housing and Urban Development Home Investment Partnerships Program (HOME) #14.239 M- 03- UC- 120217, M- 04 -UC- 120217 2003, 2004 13A i E.i, As noted in this finding, the County has already corrected this error. This was the first year the County utilized HOME funds for a tenant -based rental assistance (TBRA) program. In the future, we recommend careful review of all HOME regulations and guidance when starting programs /projects that are new to the County. Management's Response Collier County has corrected this situation. Current Year Status Collier County Housing and Human Services will carefully review all procedures and regulations before starting new programs. Staff members will attend the requisite training as it is offered and request technical assistance from the Miami Field Office. The department will scrutinize administrative costs and ensure these costs are expended from the appropriate categories. 0806 - 0954714 205 Collier County, Florida Schedule of Prior Audit Findings (continued) Finding 2006 -8 Federal Agency: U.S. Department of Housing and Urban Development Program: Home Investment Partnerships Program (HOME) CFDA Number: #14.239 Award Number: M- 03 -UC- 120217, M- 04 -UC- 120217, M- 05 -UC- 120217 Award Year: 2003, 2004, 2005 Recommendation 13A 1 We recommend the County develop detailed policies and procedures with respect to HOME match and provide training for all personnel involved in the HOME match process. As part of this process, the County needs to develop procedures to separately identify SHIP "match" loans and ensure repayment of these loans is deposited into the HOME Investment Trust Fund local account. The County should revise and re -file its 2006 match report with HUD, based upon the new procedures. Management's Response No HOME activities using SHIP match have been re -paid to Collier County. The situation described in the recommendation has not occurred. Collier County will develop a detailed policy and procedure to handle the re- payment of matched funds should the situation ever arise. Current Year Status The County uses SHIP funds as match contribution to the HOME funds. HOME recipients that receive SHIP match will be identified and setup in IDIS. A written procedure to address this issue has been completed. 0806- 0954714 206 13A Collier County, Florida Schedule of Prior Audit Findings (continued) Finding 2006 -9 Federal Agency: U.S. Department of Housing and Urban Development Program: Community Development Block Grant (CDBG) CFDA Number: #14.218 Award Number: B- 04- UC- 120016, B- 05- UC- 120016 Award Year: 2004, 2005 Recommendation We recommend Collier County Human Services provide payroll and /or other documentation to support the cost of providing intake services. Any costs that cannot be supported by underlying documentation should be returned to the CDBG program. We recommend the County adhere to the payment and documentation standards established in its contractual agreements. If changes are considered necessary, the County and its subrecipient should amend the appropriate sections of the agreement. The County should carefully consider all documentation and monitoring requirements prior to entering into subrecipient agreements for medical- related services and other "Public Services" (as defined by the CDBG program). Such contracts often require significant oversight from both a programmatic and financial management (documentation review) perspective. Management's Response All reimbursements made for these projects were made in accordance with the executed contracts. Management continues to ensure that programmatic and fiscal controls are in place for all public service projects and other CDBG eligible activities. Current Year Status This project was closed out on October 19, 2007. During the monitoring, it was observed that each file contained sufficient documentation to support the cost of providing intake services. 0806 - 0954714 207 13 A Collier County, Florida Schedule of Prior Audit Findings (continued) Finding 2006 -10 Federal Agency: U.S. Department of Housing and Urban Development Program: Home Investment Partnerships Program (HOME) CFDA Number: 414.239 Award Number: M- 05 -UC- 120217 Award Year: 2005 Recommendation The County utilized this program income prior to year -end and developed a process to incorporate program income into its cash draw process. We recommend the County update its written policies and procedures for cash draws to reflect the requirements associated with program income. Management's Response Collier County concurs with this finding. Staff has developed policies and procedures to address this situation as described by the auditor in the context/effect section above. Current Year Status The County received Home program income for the first time in FY 2006. The income was spent, but not drawn in IDIS. Procedures are in place to ensure all future program income are spent and drawn in IDIS before entitlement funds are used. 0806 - 0954714 208 Collier County, Florida Schedule of Prior Audit Findings (continued) Finding 2006 -11 Federal Agency: U.S. Department of Housing and Urban Development Program: Home Investment Partnerships Program (HOME) CFDA Number: 914.239 Award Number: M- 03 -UC- 120217 Award Year: 2003 Recommendation 13A { " Using reasonable allocation methods, we recommend the County determine and document the amount/cost of land associated with the 4 single - family units and the amount associated with the 51 apartment units. The County should then either: (1) require Big Cypress to return the portion of HOME funds associated with the 51 -unit apartment complex; or (2) amend its contractual agreement with Big Cypress to include the 51 units of rental housing and impose the applicable "period of affordability" requirements for the HOME program. We also recommend the County clearly describe the intended use of HOME funds in its contractual agreements. The County should not approve and fund HOME expenditures that are not detailed in the contract "scope of work ". Management's Response Collier County has amended this contractual agreement effective March 2, 2007 to include the 51 units of rental housing and the applicable period of affordability. Current Year Status This contract was amended in March 2007 to include all 55 units. All legal contracts, including the scope of work, are reviewed by the County Attorney. The scope of work for each project clearly reflects the intended use of all grant funding. 0806 -0954714 209 Collier County, Florida Schedule of Prior Audit Findings (continued) Finding 2006 -12 Federal Agency: U.S. Department of Housing and Urban Development Program: Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) CFDA Number: #14.218 and #14.239 Award Number: M- 05 -UC- 120217, B- 05 -UC- 120016 Award Year: 2005 Recommendation 13 A 11 We recommend the County continue utilizing the timesheet documentation process it developed in FY 2006. Management's Response Collier County will continue utilizing the timesheet documentation process developed in FY 2006. Current Year Status Collier County Housing and Human Services continues to utilize the timesheet documentation process for all grants staff members. Any new employees hired are also trained on the timesheet documentation process. See current year finding 2007 -11. Finding 2006 -13 Federal Agency: U.S. Department of Housing and Urban Development Program: Home Investment Partnerships Program (HOME) CFDA Number: #14.239 Award Number: M- 03- UC- 120217, M- 04 -UC- 120217, M- 05 -UC- 120217 Award Year: 2003, 2004, 2005 Recommendation We recommend the County carefully review the language of all HOME contracts to ensure compliance with 24 CFR 92.504. Written agreements should specifically address each provision as described in this HOME regulation. 0806 - 0954714 210 Collier County, Florida 13A W,1 Schedule of Prior Audit Findings (continued) Management's Response Collier County will review all contractual agreements to ensure they comply with all requirements of 24 CFR including 92.504. Regarding the Big Cypress deed restrictions referenced above, the developer requested an additional change to reflect a revised legal description. This agreement has been reviewed by the County attorney's office and will be on the agenda for approval by the Board of County Commissions in July 2007. All agreements are reviewed by the County attorney's office. Management will pursue review by HUD source for compliance with HUD legal sufficiency. Current Year Status The contract in question has been amended and approved by the Board of County Commissioners. Additionally, the contracts from Housing and Human Services have undergone a rigorous review process by the County Attorney, Purchasing and staff members with the Clerk of Courts. These revised contracts will be submitted to HUD for review of legal sufficiency to ensure that written agreements specifically address each provision described in the program regulations. Finding 2006 -14 Federal Agency: U.S. Department of Transportation Program: Highway Planning and Construction CFDA Number: 420.205 Award Number: 195431 Award Year: October 1, 2005 — September 30, 2006 Recommendation KPMG recommends that the County implement procedures to ensure that Davis - Beacon Act requirements are included in contracts and that certified payrolls are obtained from contractors and subcontractors when required. 0806 -0954714 211 Collier County, Florida l3A Schedule of Prior Audit Findings (continued) Management's Response Management concurs with this finding; however, proper steps to assure this problem does not occur in the future have already been taken. This finding pertains to a construction contract that was let in 2004. At the time the contract was let, the Purchasing Department was not aware that this project was to be grant funded and hence did not insert the requirements raised under the finding. The issue of grant compliance in certain County contracts was brought to our attention in a subsequent annual audit finding. Purchasing staff formally addressed this issue in March 2006 by modifying the pre- bidding checklist. The modified list includes a determination of the funding source. If grant funds are part of the revenue for the project, the Purchasing staff inserts the appropriate additional conditions to the bid and contract terms. Current Year Status A new Grants Coordinator with prior grant compliance experience was hired in June of 2007. All newly executed LAP - funded and FTA- funded contracts continue to include the Davis -Bacon Act requirements and are reviewed for updates. Currently, there are no nonlocal LAP projects in the construction phase that would require the collection of certified payrolls. A written procedure has been developed for future contracts which require certified payroll collection. This procedure will include informing contractors at pre -bid meetings and post -award meetings that Davis Bacon applies, and certified payroll records are a requirement of the project. Internal procedures include informing project managers and budget analysts of Davis Bacon requirements as well as identifying which projects require payroll certification compliance. The Grants Coordinator will monitor collection of the reports and be the official holder of record. Finding 2006 -15 Federal Agency: U.S. Department of Agriculture Program: Watershed Protection and Flood Prevention CFDA Number: 410.904 Award Number: 69- 4209 -6 -1617 Award Year: October 1, 2005 — September 30, 2006 Recommendation The County should implement procedures to ensure that special provisions are included in contracts when required by grant agreements. 0806 - 0954714 212 Collier County, Florida 13A ...1 Schedule of Prior Audit Findings (continued) Management's Response Management concurs with this finding; however, the contract was placed by the Purchasing Department prior to the event that became the basis for the grant. The work was ordered by the Stormwater Management Department pursuant to the clean up and removal of debris from County drainage canals following Hurricane Wilma. The contract was placed by the Purchasing Department several months prior to the event. The contract is available for use by any County department and is not linked to a particular funding source or end user. Current Year Status A new Grants Coordinator with prior grant compliance was hired in June of 2007 and will monitor all grants within the Transportation Division to ensure projects using grant funded sources are properly procured following the requirements specific of the grantor. Finding 2006 -16 State Agency: Florida Department of State Program: State Aid to Libraries CFDA Number: #45.030 Award Number: 06 -ST -12 Award Year: October 1, 2005 — September 30, 2006 Recommendation The County should implement procedures to ensure that reports are completed properly and that adequate supporting documentation is maintained. Management's Response Management concurs with this finding. This reporting issue is related to staff turnover and implementation of a new library automation system. Management will ensure that when staff members are hired, they are trained to run the appropriate reports and cross trained with other staff members. This will provide additional staff that can run and reproduce the reports when needed and to show from where the information was derived. Prior to submittal, all reports will be reviewed by cross trained staff and the director to verify the accuracy and completeness of information provided. The Library will retain supporting documentation to be made available after reports are submitted. 0806 -0954714 213 Collier County, Florida 13A i t Schedule of Prior Audit Findings (continued) Current Year Status Director is compiling and reviewing all reports, with assistance from current employees. We are scheduling an additional training session with automation vendor, at a time when most library staff needing this training will be available. Records and paper trail of information used as basis for reports are being archived locally. Two additional staff members have been designated to report on and keep track of particular data elements that are used to compile reports. Finding 2006 -17 State Agency: Florida Department of Elder Affairs /Area Agency on Aging for Southwest Florida, Inc. Program: Community Care for the Elderly CFDA Number: #65.010 Award Number: CCE 304.203.06, CCE 302.203.05 Award Year: July 1, 2005 — June 30, 2006 and July 1, 2006 — June 30, 2007 Recommendation The County should ensure authorization by someone other than the preparer is obtained in order to properly segregate the duties of requesting and approving state reimbursement requests. Management's Response Management concurs with the finding and has implemented practices and procedures to resolve this issue. The required reporting duties of preparer and approver have now been delegated to separate individuals. Fiscal support staff has been trained to prepare the expenditure and request for funds reports and have now accepted this responsibility. The reports will in turn be reviewed for completeness and accuracy by the accounting supervisor, who will then sign off as the approver. Current Year Status The accounting staff implemented the practices and procedures as outlined in the Management's Response. Fiscal staff has been trained to prepare the reports and now completes them with great accuracy. The supervisor continues to sign off on the reports for completeness, timeliness and accuracy. 0806 - 0954714 214 13A Collier County, Florida Schedule of Prior Audit Findings (continued) Finding 2006 -18 State Agency: Florida Housing Finance Corporation Program: State Housing Initiatives Partnership (SHIP) Program CFDA Number: #52.901 Award Year: 2003/04, 2004/05 Recommendation Reconciliations of both revenue and expense (between the SHIP Annual Report and the general ledger) should be formally documented, reviewed, and approved. Policies and procedures should be written to describe the entire reporting process, including reconciliation controls, the manner in which data is compiled and the documentation to be maintained. Management's Response As indicated in the finding the reconciliation of the SHIP report and General Ledger has been completed and are correct. The SHIP Annual Report submitted to the State was correct. A policy and procedure has been implemented requiring reconciliations to be completed for the SHIP program on a monthly basis. Current Year Status Staff is working towards a monthly reconciliation of the SHIP program on a monthly basis. See current year finding 2007 -14. Finding 2006 -19 State Agency: Florida Housing Finance Corporation Program: State Housing Initiatives Partnership (SHIP) Program CFDA Number: 452.901 Award Year: 2004/05 Recommendation The County budgeted for increased SHIP activity in FY 2007 and believes that they will meet the encumbrance and expenditure requirements as of June 30, 2007. The County periodically reviews the expenditure and encumbrance levels of the SHIP program. We recommend written policies that address this process and formal documentation of this control on a quarterly (or more frequently) basis. 0806 - 0954714 215 13A Collier County, Florida Schedule of Prior Audit Findings (continued) Management's Response Collier County agrees with this finding, however all 2004/2005 SHIP funds were not only encumbered but also expended by December 31, 2006, six months prior to their statutory expenditure deadline. Collier County has amended its LHAP to allow greater flexibility to encumber and expend all SHIP funds consistent with statutory requirements. The State of Florida was notified of the situation prior to July 2006 and agreed to the County's plan to encumber and expend the SHIP funds in the fall of 2006. Current Year Status Due to market conditions, the 2004 /2005 funds could not be encumbered in a timely manner. The State of Florida was notified of the situation and an extension was given. The SHIP coordinator keeps a log on encumbered and spent activities. Finding 2006 -20 State Agency: Florida Housing Finance Corporation Program: State Housing Initiatives Partnership (SHIP) Program CFDA Number: #52.901 Award Year: 2003/04, 2004/05, 2005/06 Recommendation We recommend the County continue utilizing the timesheet documentation process it developed in FY 2006. Management's Response Collier County will continue utilizing the timesheet documentation process developed in FY 2006. Current Year Status Collier County Housing and Human Services continues to utilize the timesheet documentation process for all grants staff members. Any new employees hired are also trained on the timesheet documentation process. See current year finding 2007 -11. 0806 - 0954714 216 Collier County, Florida Schedule of Prior Audit Findings (continued) .4 Finding 2005 -1 Federal Agency: U.S. Department of Housing and Urban Development Program: Community Development Block Grant (CDBG) Home Investment Partnerships Program (HOME) CFDA Number: #14.218, 14.239 Recommendation 13A The Housing Department should consider the use of weekly timesheets (instead of a time study) to support allocations of payroll costs, since the tasks performed by each employee and the grants they work on vary from week to week. If time studies continue to be used, the Department should further refine and document this process. Employees that work exclusively on one grant can sign a semi - annual statement to this effect. They would not be required to complete timesheets or time studies. All processes relating to costs allocation should be documented in the Policies and Procedures manual. Management's Response All employees of the Housing and Grants section will complete daily time sheets which will be reviewed quarterly and evaluated against cost allocations which will be adjusted as warranted. Housing and Grants will contact Human Resources regarding the SAP module for time tracking. The final time tracking format will be documented in the Policies & Procedures manual. Current Year Status Housing and Human Services staff continue to utilize the timesheet documentation process developed in FY 2006. See current year finding 2007 -11. 0806 - 0954714 217 Finding 2005 -2 Federal Agency: Program: CFDA Number: Recommendation Collier County, Florida Schedule of Prior Audit Findings (continued) U.S. Department of Housing and Urban Development Home Investment Partnerships Program (HOME) #14.239 13A We recommend the County draw HOME funds only after closings. If funds are drawn but not utilized as anticipated, the County should revise the draw request in the IDIS system within the 15 -day timeframe. Management's Response Effective immediately, the County will only draw down funds through HUD's Integrated Disbursement Information System (IDIS) after a settlement statement or other closing documents have been received in Operational Support and Housing. This will be further documented in the Policies and Procedures Manual. Current Year Status Following the implementation of procedure 2 -110 IDIS Draw Down, the Housing and Human Services staff consistently adheres to the policy. A settlement statement / closing document is required documentation when submitting a payment request. The fiscal staff responsible for reviewing all payment requests will ensure this document is included and will approve the payment request. Draw down will be performed after verification that the check was issued and the expenditure has been posted to the general ledger. 0806 - 0954714 218 Finding 2005 -3 Federal Agency Program: CFDA Number: Recommendation Collier County, Florida Schedule of Prior Audit Findings (continued) U.S. Department of Transportation Airport Improvement Program, Marco, Immokalee and Everglades Taxiway #20 -106 13A Prior to remitting any payment to contactors, the payroll certification should be reviewed to ensure compliance with prevailing rates as defined by the Department of Labor. In addition, documentation should exist that a formal approval or review has been completed that all wages paid are in compliance with the Davis -Bacon Act. Management's Response In order to rectify this deficiency Airport Authority personnel will review payroll submittals and provide documentation to assure compliance with the Davis -Bacon Act. In addition our procedure manual will be updated. Current Year Status As a result of the 2005 audit comments the Authority has updated its procedures as they apply to the Davis -Bacon Act and we are now noting compliance on all payrolls. 0806 - 0950716 219 Finding 2005 -4 Federal Agency Program: CSFA Number: Recommendation Collier County, Florida Schedule of Prior Audit Findings (continued) Florida Housing Finance Commission State Housing Initiatives Partnership (SHIP) Program #52.901 13A We recommend the County amend its SHIP Annual Report to correct the following reporting errors: • The County has a process in place to reconcile expenditures per the SHIP Annual Report to expenditures in the general ledger. We noted, however, several differences that had not been identified by the Housing Department and that require reclassification entries in the general ledger. • Revenue per the SHIP Annual Report was supported by detail schedules, but was not reconciled to the general ledger. • Expenditures associated with some rehabilitation cases were reported in multiple SHIP years, thus inflating the number of household assists. • Administrative costs exceeded SHIP limits in the 2003 -2004 SHIP year and were less than the allowable amount in the 2002 -2003 SHIP year. • We noted 2 expenditures (one in the 2002 -2003 SHIP year and one in the 2003 -2004 SHIP year) that did not meet the SHIP definition of an expenditure. The Housing Department has improved its controls and documentation related to SHIP reporting in FY 2005, however this process needs to be further refined. Reconciliations of both revenue and expense (Between the SHIP Annual Report and the General Ledger) should be formally documented, reviewed and approved. Policies and procedures should be written to describe the entire reporting process, including reconciliation controls, the manner in which data is compiled and the documentation to be maintained. 0806 - 0954714 220 Collier County, Florida Schedule of Prior Audit Findings (continued) Current Year Status 13A Staff reviewed the concerns raised by the auditor relative to reconciling SHIP expenditures to the General Ledger. A revised SHIP Annual Report was submitted to the Florida Housing Finance Corporation on April 7, 2006. The revised report is available for review. See current year finding 2007 -14. Finding 2005 -5 Federal Agency: Florida Housing Finance Commission Program: State Housing Initiatives Partnership (SHIP) Program CSFA Number: #52.901 Recommendation The Housing Department should consider the use of weekly timesheets (instead of a time study) to support allocations of payroll costs, since the tasks performed by each employee and the grants they work on vary from week to week. If time studies continue to be used, the Department should further refine and document this process. They would not be required to complete timesheets or time studies. All processes relating to cost allocation should be documented in the Policies and Procedures Manual. Management's Response All employees of the Housing and Grants section will complete daily time sheets which will be reviewed quarterly and evaluated against cost allocations which will be adjusted as warranted. Housing and Grants will contact Human Resources regarding the SAP module for time tracking. The final time tracking format will be documented in the Policies & Procedures manual. Current Year Status All staff is preparing daily, color -coded time sheets using the Microsoft Outlook Calendar. See current year finding 2007 -11. 0806 - 0954714 221 13 A I ►-1 THIS PAGE INTENTIONALLY LEFT BLANK ErHN�l 101.1\, 13A Management Letter and State Reporting Requirements Members of the Board of County Commissioners Collier County, Florida: We have audited the financial statements of the governmental activities, the business -type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of Collier County, Florida as of and for the year ended September 30, 2007, which collectively comprise Collier County, Florida's basic financial statements and have issued our report thereon dated March 17, 2008. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. We have also issued our report dated March 17, 2008, on our consideration of Collier County, Florida's internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards. Disclosures in that report should be considered in conjunction with this management letter. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental entity audits performed in the State of Florida and require certain items be addressed in this letter. The suggestions included in this letter, which resulted from our consideration of internal control, over financial reporting are submitted to assist in improving accounting procedures and controls. A. CURRENT YEAR FINDINGS AND RECOMMENDATIONS 2007 -01 Self Insurance Observation The County's Self- Insurance Internal Service Fund currently reflects an unrestricted net asset surplus of approximately $18.7 million which represents a 39% increase during the year ended September 30, 2007. Internal service funds are designed to function as cost - reimbursement devices. They are a tool for accumulating and allocating costs to the benefiting funds in the form of fees and charges. A significant surplus in an internal service fund indicates that participating funds are not properly reporting the costs of the goods or services they receive from an internal service fund. 0806 - 0956761 Recommendation 0 13A We recommend that the County review its current policy for determining the amounts allocated /charged to user departments for self insurance costs and develop a plan to reduce its self insurance unrestricted net asset surplus over a reasonable period of time. Management's Response The Risk Management Department has accumulated an unrestricted surplus in the Health Insurance fund for the following reasons: The health actuarial evaluations require the funding of Incurred But Not Reported (IBNR) claims and the statutory surplus estimate (required by F.S. 112.08) of $6,831,705. In addition to this, the County must plan for the recording of its OPEB obligation (Post Employment Retirement Benefits) in 2008 pursuant to GASB 45. Currently, the actuarial accrued liability is $2,908,092 and is expected to be $3,200,000 when it is booked at the end of calendar 2008. It is the intent of management to fund this accrued OPEB liability with existing surplus. Health claims experience runs in five year cycles. In keeping with this experience, claims experience in FY -07 and FY -08 has deteriorated due to an increase in the number of catastrophic losses and it is anticipated total FY -08 claims will erode unrestricted surplus. Finally, Management has directed staff to implement health plan design changes in FY -09 that promote wellness initiatives. The nature of the program may necessitate the future use of reserves to smooth a fluctuation in the rate structure in FY -10. In short, management has factored the current level of unrestricted net assets into its long range planning for FY -08 through FY -10 in order to avoid large rate increases to the health plan in those years. Estimates of FY -08 year end surplus will be used to assess the rates for FY -09. 2007 -02 Inventory Pricing Observation During the audit, we noted numerous items in the priced -out physical inventory that contained errors in the per unit cost. An overall accurate inventory balance is composed of two major components. The first component is proper quantities of goods in inventory and the second is accurate inventory costing. Recommendation We recommend that the Utilities Department periodically review the perpetual inventory listing and compare inventory costs to the invoice amounts to ensure accuracy of the unit costs. This practice should help to ensure that inventories are accurately valued for financial statement purposes. ON06- 0956761 2 Management's Response At I 13A Management agrees with the recommendation and Public Utilities staff will implement a process to periodically review the currency of inventory costs per unit. 2007 -03 Inventory — Expensing Low -Cost Items Observation The inventory of parts and miscellaneous supplies includes numerous units of low -cost items (e.g., nuts and bolts). As a result, considerable time is spent maintaining the perpetual records. Recommendation We suggest that consideration be given to expensing low -cost items (threshold to be established) as they are purchased and placing them at strategic locations for ready access. The relatively immaterial value of the items would justify adopting this policy even though it would remove a degree of control that the Utility Department currently has over the items. Management's Response Public Utilities will consider expensing low -cost items rather than inventory them on the general ledger. However, the Public Utilities staff is concerned about the potential loss of financial control of these items. 2007 -04 Accounts Receivable Observation Our audit procedures related to code enforcement fines and enterprise fund receivables disclosed that the County does not have a formal policy in place to reserve for accounts receivable that are outstanding for an extended period of time, including those items sent to collections. The current allowance only covers those receivables included in the aging reports captured through the emergency management services system. An audit adjustment was recorded to provide a reserve for the code enforcement fines and miscellaneous enterprise fund accounts receivable. Recommendation For delinquent accounts and accounts where collection efforts are underway, we recommend that management establish and implement a policy for reserving the amounts that are unlikely to be collected. 0806 -0956761 3 13A Management's Response Staff will review the audit adjustments and recommendations made by the auditors. Consideration will be given to establishing ongoing reserves for uncollected receivables. 2007 -05 Program Change Observation During our audit, we noted that maintenance to WasteWORKS, enhancements, bugs fixes and upgrades are provided by the application's vendor. When the application vendor provides updates, no testing or review of the change is performed prior to changes being placed into production. While maintenance, enhancements, bugs, fixes and upgrades to InHance are tested within the Oasis test environment, there is no evidence in place to evidence this process. Recommendation Vendor updates to WasteWORKS should be installed in the test environment and tested by users to identify potential issues that may impact the integrity of the production data and processing. Evidence of vendor provided changes and user testing procedures for the WasteWORKS and InHance applications should be maintained. Management's Response The Solid Waste Landfill and Recycling Center Software WasteWORKS was replaced in fiscal 2008 by Creative Information Systems software called SMS Turbo. The software was installed at the Collier Landfill and Immokalee Transfer Station on October 1, 2007; the Unattended Scale module was implemented on December 1, 2007; at the Naples Recycling Center on January 1, 2008, at the Camestown Recycling Center on February 1, 2008 and at the new Marco Recycling Center on April 1, 2008. No enhancements or software version updates have been installed since implementation. However, it is management's intention to fully test and document all intended updates, enhancements and changes prior to implementation in the production environment. System testing is always part of our change processes, including upgrades. Formal test scripts and /or "use cases" will be developed for SMS Turbo. This is an evolutionary process throughout the life of the application in our environment. We are now engaged in developing the appropriate test procedures for SMS Turbo and anticipate that upgrades occurring after Q4 of Fiscal 2008 will utilize effective test scripts / procedures. O806- 0956761 4 Eli= Et. 13A While all changes, updates and enhancements to the utility billing software InHance have been tested within the Oasis test environment in the past, there has been no formal documentation processes. Since then, IT has initiated a comprehensive documentation process for all intended updates and changes prior to implementation in the production database. Formal documents are being used for the new version release 5.0. of InHance, including: • Test Plan (includes test plan, test specifications, test descriptions, test procedures and test evaluation) • Version Release Checklist 2007 -06 Logical Access Observation Based on our review of Windows password settings, we determined that password controls needed to be strengthened. We noted the following settings: • Password must meet complexity requirements — Disabled • Reset counter after — 30 minutes • Account Lockout Threshold — 6 invalid logon attempt Recommendation Network (Windows) passwords should provide adequate protection from compromise. The following updates should be made to the password policy: • Consider enabling password complexity functionality. Password complexity requires users to include lower case letters, upper case letters, and numeric characters. • Account Lockout Threshold should be set between 3 and 5 attempts. • Reset counter should be set to 60 minutes or higher. Management's Response The recommendations made are consistent with our implementation philosophy and long term plans. Our long term plan favors two factor authentication rather than password complexity as a means to achieve the same end. We will take the recommendations under advisement as we continue our research and planning. 080b- 0956761 5 J_ B. PRIOR YEAR RECOMMENDATIONS 13A "A The following is a summary of prior year recommendations that were not repeated in the current year recommendations, were not implemented, or were only partially implemented by the County during the current year. All prior year recommendations that have been fully implemented were not repeated in this section. Prior Years' Observation Change Orders for Contracts Voided Checks Third -Party Administrator SAS 70 Audit Reports Capital Assets Self - Insurance Claims Quarterly Summaries Schedule of Expenditures of Federal Awards and State Projects Utility Billing and Receivables GRIR Account Reporting C. OTHER REQUIRED COMMUNICATIONS Implemented. Implemented. Implemented. Implementation started, but still in progress. Implemented. Implementation started, but still in progress. Implemented. Implemented. Implementation started, but still in progress. The Rules of the Auditor General, Section 10.554 (1)(i)(1), require that we address in the management letter whether or not corrective actions have been taken to address significant findings and recommendations made in the preceding annual financial audit report. The status of recommendations made in the preceding annual financial audit is included above. As required by the Rules of the Auditor General, Section 10.554(1)(i)(2), the scope of our audit included a review of the provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that Collier County, Florida complied with Section 218.415, Florida Statutes. The Rules of the Auditor General, Section 10.554(1)(i)(3), require that we address in a management letter any recommendations to improve Collier County, Florida's financial management, accounting procedures, and internal controls. Current year recommendations to improve Collier County, Florida's financial management, accounting procedures, or internal controls are included above. 0806 -0956761 6 13A The Rules of the Auditor General, Section 10.554(1)(i)(4), require that we address in a management letter any violations of provisions of contracts and grant agreements or abuse that have an effect on the financial statements that is less than material but more than inconsequential. The results of our audit disclosed no violations of provisions or contracts and grant agreement or abuse that would have an effect on the financial statement that is less than material but more than inconsequential. The Rules of the Auditor General, Section 10.554(1)(i)(5), require disclosure in the management letter of the following matters, if not addressed in the auditor's report on internal control over financial reporting and on compliance and other matters or in the schedule of findings and questioned costs, and are not clearly inconsequential: (a) Violations of laws, rules, regulations, and contractual provisions or abuse that have occurred, or are likely to have occurred, would have an immaterial effect on the financial statements, and were discovered within the scope of the audit; (b) Improper expenditures or illegal acts discovered within the scope of the audit that may not materially affect the financial statements; (c) Control deficiencies that are not significant deficiencies, including, but not limited to: (1) Improper or inadequate accounting procedures (e.g., the omission of required disclosures from the annual financial statements); (2) Failures to properly record financial transactions; and (3) Other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of, the auditor. The results of our audit disclosed no violations of laws, rules, regulations, and contractual provisions or abuse, no improper or illegal expenditures, and no control deficiencies other than the internal control recommendations included above. The Rules of the Auditor General, Section 10.554(1)(i)(6), also require that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the financial statements. In that regard, Collier County, Florida was established under Chapter 107, Section 1, Florida Statutes. The legal authority for Collier County and its component units are discussed in Note 1 to the financial statements. 08060956761 7 J 13A The Rules of the Auditor General, Section 10.554(1)(i)(7)(a), state that a management letter shall include a statement as to whether or not a local governmental entity is in a state of financial emergency as a consequence of conditions described in Section 218.503(1), Florida Statutes. Management of Collier County, Florida has determined that Collier County, Florida is not in a state of financial emergency as defined in Section 218.503(1). In connection with our audit of the financial statements of Collier County, Florida, the results of our tests did not indicate that Collier County, Florida is in a state of financial emergency as a consequence of the conditions in Section 218.503(1). As required by the Rules of the Auditor General, Section 10.554(l)(i)(7)(b), we determined that the financial report for the year ended September 30, 2007 to be filed by Collier County, Florida with the Florida Department of Financial Services pursuant to Section 218.32(1)(a), Florida Statutes, is in agreement with the annual financial audit report for the current audit period. As required by the Rules of the Auditor General, Sections 10.554(1)(i)(7)(c) and 10.556(7), we applied financial condition assessment procedures. It is management's responsibility to monitor the County's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. This report is intended solely for the information and use of the Board of County Commissioners, management and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. 16�* lY�7 UP March 17, 2008 ONW,- 0956761 8 ANNUAL DEBT REPORT (Unaudited) Pursuant to the Collier County Debt Policy the following Tables were prepared for the fiscal year ended September 30, 2007. Table 1. Calculation of Collier County General Governmental Debt Ratio Table 2. Calculation of Collier County Enterprise Debt Ratios 13A THIS PAGE INTENTIONALLY LEFT BLANK 13A TABLE 1 Calculation of Collier County General Governmental Debt Ratio For the Fiscal Year Ended September 30, 2007 Bondable revenues, as defined by Collier County Debt Policy: Current Ad Valorem Taxes $ 315,191,508 Governmental Impact Fees 84,791,726 Half Cent Sales Tax 32,568,173 Developmental Fees 16,387,150 State Revenue Sharing 9,159,765 6th Cent Local Option Gas Tax 7,226,515 5th Cent Local Option Gas Tax 5,395,493 Constitutional Gas Tax 3,568,354 Seventh Cent Gas Tax 1,864,109 Ninth Cent Gas Tax 1,543,712 Parks and Recreation Fees 6,399,285 Tourist Development Tax 14,228,566 Court Facilities Fees 1,068,590 Communications Services Tax 5,074,746 Total bondable revenues $ 504,467,692 Fiscal 2007 governmental debt service requirements: Series 2002 Capital Improvement Bonds Principal: $ 2,830,000 Interest: 1,648,863 Series 2003 Capital Improvement Bonds Principal: 1,380,000 Interest: 1,899,756 Series 2005 Capital Improvement Bonds Principal: 5,105,000 Interest: 7,510,494 Series 2003 Gas Tax Bonds Principal: 5,860,000 Interest: 3,634,240 Series 2005 Gas 'Tax Bonds Principal: 445,000 Interest: 4,639,300 Commercial Paper Program Principal: 2,540,000 Interest: 323,894 Total fiscal 2007 governmental debt service requirements $ 37,816,547 Governmental debt ratio of fiscal year 2007 debt service to bondable revenues (13% maximum allowed by policy) 0.0750 Notes: All revenues are GAAP based accrual, and debt service is based upon current amortization tables for the fiscal year indicated. 13A t*1 TABLE 2 Calculation of Collier County Enterprise Debt Ratios For the Fiscal Year Ended September 30, 2007 Collier County Water and Sewer District: Total Sales Revenue $ 88,261,247 Allowance for Funds Prudently Invested 383,158 Miscellaneous Revenue 2,937,156 Total Operating Revenue 91,581,561 Non- Operating Revenue 6,558,000 Gross Revenue 98,139,561 Less: Operation and Maintenance Expense (excluding Depreciation) 57,668,609 Net Revenue Available for Debt Service $ 40,470,952 Total Fiscal Year 2007 Debt Service on Bonds $ 10,031,256 Net Revenue Debt Service Coverage on Bonded Debt (100% Required) 403% Other Pledged Funds: System Development Fees 18,192,854 Special Assessment Proceeds 820,541 Total Pledged Funds Available for Debt Service S 59,484,347 Total Fiscal Year 2007 Debt Service on Bonds 10,031,256 Total Pledged Funds Debt Service Coverage on Bonded Debt (125% Required) 593% Net Revenue Available for Debt Service After Payment of Bonds 30,439,696 Total Fiscal Year 2007 Debt Service on Subordinated Indebtedness 7,583,662 Calculated Coverage on Subordinated Indebtedness 401% Net Revenue Available for System Purposes 22,856,034 13A FINANCIAL STATEMENTS Collier County, Florida Clerk of the Circuit Court Year Ended September 30, 2007 With Report of Independent Certified Public Accountants 0712- 0892251 13A Collier County, Florida Clerk of the Circuit Court Financial Statements Year Ended September 30, 2007 Contents Report of Independent Certified Public Accountants ........................................ ..............................1 Financial Statements Balance Sheet — Governmental Funds ............................................................... ..............................3 Statement of Revenues, Expenditures, and Changes in Fund Balances — GovernmentalFunds ....................................................................................... ..............................4 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual — General Fund ................................................................. ..............................5 Statement of Revenues. Expenditures, and Changes in Fund Balance — Budget and Actual — Court Services Fund ...................................................... ..............................6 Statement of Revenues. Expenditures, and Changes in Fund Balance — Budget and Actual — Public Records Modernization Fund ............................ ..............................7 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual — Juvenile Assessment Fund ............................................ ..............................8 BalanceSheet — Agency Funds ......................................................................... ..............................9 Notes to Financial Statements ........................................................................... .............................10 Combining Information Combining Balance Sheet — Agency Funds ...................................................... .............................24 Statement of Changes in Assets and Liabilities — Agency Funds ..................... .............................25 Report on Internal Control Over Financing Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards ....................................... .............................26 Management Letter ............. 0712 - 9892251 ............................28 J F_rzs;0 1_ ti Report of Independent Certified Public Accountants The Honorable Dwight E. Brock, Clerk of the Circuit Court Collier County, Florida 13A We have audited the accompanying financial statements of each major fund and the aggregate remaining fund information of the Collier County, Florida Clerk of the Circuit Court (the "Clerk "), as of and for the year ended September 30, 2007, as listed in the table of contents. These financial statements are the responsibility of the Clerk's management. Our responsibility is to express opinions on these financial statements based on our audit. The prior year summarized comparative financial information has been derived from the Clerk's financial statements for the year ended September 30, 2006, which were audited by other auditors whose report dated December 7, 2006, expressed unqualified opinions on the respective financial statements of each major fund and the aggregate remaining fund information. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. We were not engaged to perform an audit of the Clerk's internal control over financial reporting. Our audit included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Clerk's internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. As discussed in Note 1, the accompanying financial statements were prepared for the purpose of complying with, and on the basis of accounting practices specified by, the Rules of the Auditor General of the State of Florida and are not intended to be a complete presentation of the financial position of the Clerk, as of September 30, 2007, and the changes in its financial position for the year then ended, in conformity with accounting principles generally accepted in the United States. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of each major fund and the aggregate remaining fund information of the Clerk as of September 30, 2007, and the respective changes in financial position thereof, and the respective budgetary comparison for the general fund, the court services fund, the public records modernization fund, and the juvenile assessment fund for the year then ended in conformity with accounting principles generally accepted in the United States. 0712 - 0892251 J_ In accordance with Government Auditing Standards, we have also issued our report dated March 4. 2008 on our consideration of the Clerk's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. "rhe purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. Our audit was conducted for the purpose of forming opinions on the financial statements. The combining information is presented for purposes of additional analysis and is not a required part of the basic financial statements. The combining information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. This report is intended solely for the information and use of the Clerk, management, the Board of County Commissioners of Collier County, Florida, and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. gin * tl UP March 4, 2008 0]I2- 03911SI 2 ..I 13A � � o w h v v aw, awi `� > p o❑ a `9 b q 5 5 c 0 r M OD a 00 00 O� V h 6A y9 O pp � 69 b9 Y 7 69 69 N I I I N S I O I I ct o �e N � VD C7 sv sA ..I 13A � � o w h v v aw, awi `� > p o❑ a `9 b q 5 5 c 0 r M x r a vl M t� N P W N N A F O � _ N eqn t� 06 C: N rn z y C 'e E 5v J G � 0 CL 9 f J z� x f J b v! N m z c zc rp �p M O� M � N ^i b ti c - x b b L, x P ^. b N N � v e 13A N c o cd C C) 0 ^� cv w W O N f1N0 w W N cli O 7 Q I� ct Q U S U ct .� o - ^ U V1 r N � � 7 b N � 4-. W O 1, Y x r a vl M t� N P W N N A F O � _ N eqn t� 06 C: N rn z y C 'e E 5v J G � 0 CL 9 f J z� x f J b v! N m z c zc rp �p M O� M � N ^i b ti c - x b b L, x P ^. b N N � v e 13A n 8 C I IM.1 I F . o t O E O V ll V CA JOB 6� ONP� >. m 0_G V S V o F F •O V y ` Ofi A F G� U m� F L L G O D C C U a. O V V C, _ y _ V c:n c o W O N f1N0 W n 8 C I IM.1 I F . o t O E O V ll V CA JOB 6� ONP� >. m 0_G V S V o F F •O V y ` Ofi A F G� U m� F L L G O D C C U a. O V V C, _ y _ V 13A Collier County, Florida Clerk of the Circuit Court Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual — General Fund Revenues Charges for services Interest income Total revenues Expenditures: General government. Personal services Operating expenditures Capital outlay Total expenditures Excess of revenues over expenditures Other financing sources (uses)'. Transfers in Collier County, Florida Board of County Commissioners appropriations Other funds Transfers out Collier County, Florida Board of County Commissioners: Distribution of excess appropriations Distribution of surplus interest Total other financing sources (uses) Excess of revenues and other financing sources over expenditures Fund balance- beginning of year Fund balance- end of year See accompanying owes Year Ended September 30, 2007 Variance With Final Budget Budget Positive Original Final Actual (Negative) $ 5,180,000 5 5,279,700 $ 5,026,527 $ (253,173) 15,190,400 15,800 700 35,251,674 19,450,974 20,370,400 21 080,400 40,278,201 19,197,801 9,199,700 6,400,300 6,394,908 5.392 2,304,800 3,041,300 2,974,243 67,057 599,100 170,200 169,065 1,135 _ 12.103,600 9,611,800 9,538,216 73,584 8,266,800 11468,600 30,739,985 19,271,385 5,117,000 5,117,000 5,117,000 - 4.J97,800 - _ (2,781,600) (1,175,600) (1,164,282) 11,318 _ (14,800,000) (15410000) (34,692,703) (19282703) (8266,800) (11468,600) (30739,985) (19271385) $ - $ - $ 0712 - 0892251 5 13A Collier County, Florida Clerk of the Circuit Court Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual — Court Services Fund Year Ended September 30, 2007 Expenditures'. 166.100 — — — Imusfers out Other funds Variance General government the state (2,592.528) (2,318,898) (3,015,183) (696,285) 'fatal other financing sources (uses) With Final Personal services 8,198300 sources over expenditures 9586,630 8,994,621 Budget Operating expenditures 438.172 Budget 570.172 363,420 Positive Capital Outlay Original Final Actual (Negative) Revenues: 8,7M672 10,156 802 9,358,041 798,761 Charges for services $ 12,325,900 $ 12,325.900 $ 12,187,277 $ (138.623) Interest income 149,800 149,800 185,947 36,147 Total revenues 12 475,700 12 475.700 12,373,224 (102,476) Expenditures'. 166.100 — — — Imusfers out Other funds 11 348,600) — — — General government the state (2,592.528) (2,318,898) (3,015,183) (696,285) 'fatal other financing sources (uses) (3,775,028) (2,3 1 K898) (3,015,183) (696,285) Personal services 8,198300 sources over expenditures 9586,630 8,994,621 592,009 Operating expenditures 438.172 570.172 363,420 206,752 Capital Outlay 64,200 — — — Total expenditures 8,7M672 10,156 802 9,358,041 798,761 Excess of revenues over expenditures 3.775.028 2,318,898 3,015,183 696285 Other financing sources (uses) 'transfers in from other funds 166.100 — — — Imusfers out Other funds 11 348,600) — — — Fiistribution of excess court revenue to the state (2,592.528) (2,318,898) (3,015,183) (696,285) 'fatal other financing sources (uses) (3,775,028) (2,3 1 K898) (3,015,183) (696,285) Excess of revenues and other financing sources over expenditures - — — — Fundbalance — beginning of year - — - Fundbalance — end of year $ — $ — $ — $ — See accompanying notes 6 0711 - 0891251 13A Collier County, Florida Clerk of the Circuit Court Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual — Public Records Modernization Fund Year Ended September 30, 2007 Expenditures: Variance General government: With Final Personal services — 1,748,600 1,681,661 Budget Operating expenditures Budget 2,033,100 698,568 Positive Capital outlay Original Final Actual (Negative) Revenues. 6,115,500 10,135,500 2,984,574 7.150 926 Charges for services S 2,126,250 $ 2,126,250 $ 1,685,362 $ (440,888) Interest income 75,000 75,000 473,461 399,461 Total revenues 2,201,250 2,201,250 2158 823 (42,427) Expenditures: General government: Personal services — 1,748,600 1,681,661 66,939 Operating expenditures 1,212,500 2,033,100 698,568 1,334,532 Capital outlay 4,903,000 6,353,800 604,345 5,749 455 Total expenditures 6,115,500 10,135,500 2,984,574 7.150 926 Excess of revenues over expenditures (3.914 250) (7,934,250) (825,751) 7,108,499 Other financing sources (uses): Transfers in from the Collier County, Florida Board of County Commissioners Transfers out to other funds Total other financing sources (uses) Excess of revenues and other financing sources (uses) over expenditures Fund balance — beginning of year Fund balance — end ofyear See accompanying naves. 0712_0892251 1,000,000 500,000 (500,000) (3,020,000) — (3,020 000) 1.000,000 500,000 (500,000) (6934,250) (6,934,250) (325,751) 6,608,499 7,875,850 7 875 850 9,740,915 1 865 065 1; 941.600 $ 941,600 $ 9.415 164 8.473,564 Collier County, Florida Clerk of the Circuit Court Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual — Juvenile Assessment Fund Year Ended September 30, 2007 Revenues: Miscellaneous Interest income Total revenues Expenditures. General government: Operating Total expenditures Excess of expenditures over revenues Other financing sources_ Transfers in from the Collier Count}, Florida Board of County Commissioners Total other financing sources Excess (deficiency) of revenues and other financing sources over expenditures and other uses Fund balance — beginning of year Fund balance — end of year See accompanving notes 0712 - 0892251 13A Variance With Final Budget Budget Positive Original Final Actual (Negative) $ 2o.000 $ 20.000 $ — $ (20.000) 638 638 20.000 20.000 638 (19,362) 100000 100,000 100,008 — 100 000 100,000 100,000 — (80000) (80.000) (99,362) (19,362) 80,000 80,000 97,185 17,185 80,000 80,000 97,185 17,185 (2,177) (2177) 13,300 13,300 $ — $ — $ 11,123 $ 11.123 Collier County, Florida Clerk of the Circuit Court Balance Sheet — Agency Funds Assets Cash and cash equivalents Due from the Collier County, Florida Board of County Commissioners Due from other funds Total assets Liabilities Due to the Collier County, Florida Board of County Commissioners Due to other governments Due to other funds Deposits Total liabilities See accompanying notes. 13A September 30 2007 2006 $ 17,273,210 $ 25,421,904 25,259 8,846 — $ 17,282,056 $ 25,447,163 $ 55,536 $ 162,299 907,195 1,241,737 41,619 — 16,277,706 24,043,127 $ 17,282,056 $ 25,447,163 0712 - 0892251 9 13A Collier County, Florida Clerk of the Circuit Court Notes to Financial Statements Year Ended September 30, 2007 1. Summary of Significant Accounting Policies Reporting Entity The Collier County, Florida Clerk of the Circuit Court (the Clerk) is an elected constitutional officer as provided for by the Constitution of the State of Florida. The Clerk's budget is presented pursuant to Chapter 218, Florida Statutes. Additionally, a budget is submitted to the Florida Clerks of Court Operations Corporation for the court services fund. The Clerk's budget including the public records modernization fund and the juvenile assessment center fund is approved by the Clerk. The financial statements presented include the general fund.. special revenue 'funds, and agency funds of the Clerk's office. The accompanying financial statements were prepared for the purpose of complying with Section 218.39, Florida Statutes, and Section 10.557(3), Rules of the Auditor General for Local Governmental Entity Audit.+. Section 10.556(4), Rules of the Auditor General for Local Governmental Entity Audits, requires the Clerk to only present fund financial statements. Accordingly, due to the omission of government -wide financial statements and related disclosures including a management's discussion and analysis, these financial statements do not constitute a complete presentation of the financial position of the Clerk as of September 30, 2007 and the changes in its financial position for the year then ended in conformity with Governmental Accounting Standards Board (GASB) Statement No. 34, Basic Financial Statements — and Management's Discussion and Analysis — for State and Local Governments, but otherwise constitute financial statements prepared in conformity with accounting principles generally accepted in the United States.. The financial activities of the Clerk, as a constitutional officer, are included in the Collier County, Florida Comprehensive Annual Financial Report. The general operations of the Clerk are funded by fees from third parties, appropriations from the Collier County, Florida Board of County Commissioners (Board), and interest income. Pursuant to Section 218.32(2) Florida Statutes, funds remaining in the general fund, at fiscal year end in excess of amounts expended, are returned to the Board. Excess revenues returned to the Board are reflected as transfers out in the Clerk's general fund. Court- related operations are funded by the State via charging fees and fines and any surplus is returned to the State. 0711- 08922 -51 10 13A Collier County, Florida Clerk of the Circuit Court Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies (continued) Measurement Focus, Basis of Accounting, and Basis of Presentation Fund financial statements report detailed information about the Clerk. The focus of governmental fund financial statements is on major funds rather than reporting funds by type. Each major fund is reported in a separate column. Governmental Funds Governmental funds are accounted for using the flow of current financial resources measurement focus. Only current assets and current liabilities, generally, are included on the balance sheet. Operating statements for these funds present increases (i.e., revenues and other financing sources) and decreases (i.e., expenditures and other financing uses) in net current assets. The Clerk reports the following major governmental funds: General Fund — The general fund is used to account for all revenue and expenditures applicable to the general operations of the Clerk, which are not accounted for in another fund. All operating revenue, which is not specifically restricted or designated as to use, is recorded in the general fund. Court Services Fund — This fund was established to account for court - related filing fees, service charges, fines, and court costs of the Clerk as mandated by Section 28.35, Florida Statutes. Public Records Modernization Fund — This fund is mandated by Section 28.24(12)(d), Florida Statutes, to be held in trust by the Clerk and used exclusively for equipment and maintenance of equipment, personnel training, and technical assistance in modernizing the public records system of the office. Effective July 1, 2004, an additional amount is collected pursuant to Section 28.24(12)(e), Florida Statutes, and used exclusively for funding court - related technology needs. Juvenile Assessment Fund — This fund was established to account for revenues and expenditures applicable to juvenile assessments center. 0712- 0892251 11 Collier County, Florida Clerk of the Circuit Court Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies (continued) With the implementation of Revision 7 to Article V on July 1, 2004, the Clerk's activities are now classified as court - related and non - court - related. The Clerk's general fund activity, which is classified as non- court - related, is funded through service charges for recording instruments and documents into the official records, interest income and through transfers in from the Board. Excess revenues at the end of the year, due back to the Board, are shown as distributions of excess appropriations in the general fund. Court - related activities are funded by the fees charged by the Clerk as authorized by Florida Statutes, for maintaining the County and Circuit Court records, and collecting the fines and fees assessed by the courts. These court fees are to be used exclusively for funding court - related operations of the Clerk. The excess of revenues collected over expenditures is returned to the Florida Clerks of Court Operations Corporation. The modified accrual basis of accounting is used by governmental funds. Under the modified accrual basis of accounting, revenues are recognized when susceptible to accrual (i.e.. when they become measurable and available to finance current liabilities of the fiscal year). For this purpose, the Clerk considers revenues to be available if they are collected within 60 days after year -end. Expenditures are recorded when the related fund liability is incurred, except for certain compensated absences, which are recognized as expenditures to the extent they have matured. Charges for services, interest income, and other revenues are recognized as they are earned and become measurable and available to pay liabilities of the current period. Florida Statutes provide that the amount by which revenues and transfers exceed annual expenditures for the general fund be remitted to the Board immediately following the fiscal year for which the funding was provided or following the fiscal year during which other revenues were recognized. The amount of this distribution is recorded as a liability and as an other financing use in the accompanying financial statements. Section 28.37(4), Florida Statutes, further provides that by January 1, 2008; for the period October 1, 2006 through September 30, 2007, the Clerk must remit to the Department of Revenue the accumulation of all fees, service charges, court costs, and fines retained by the Clerk over the amount needed to meet the approved budget amounts established by Section 28.36, Florida Statutes. The amount of the distribution is recorded as a liability and as an other financing use in the accompanying financial statements. 0713_0892151 12 13A Collier County, Florida Clerk of the Circuit Court Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies (continued) Capital outlays expended in governmental funds are capitalized in the basic financial statements of Collier County, Florida rather than in the governmental funds of the Clerk. Additionally, the Clerk reports the following fund type: Fiduciary Funds — Agency Funds — These funds are used to account for assets held by the Clerk in a trustee capacity or as an agent for individuals, private organizations, other governments, and other funds. The agency funds are custodial in nature (assets equal liabilities), and do not involve measurement of results of operations or have a measurement focus. Agency funds are accounted for using the modified accrual basis of accounting. Cash Equivalents Cash equivalents are defined as highly liquid investments with original maturities of three months or less. Included in cash equivalents are deposits with the Florida State Board of Administrations' Local Government Surplus Trust Fund Pooled Investment Account (SBA). Shares of this investment pool (SBA) are based on the pool's share price, which approximates fair value. Compensated Absences Full -time employees of the Clerk are allowed to accumulate an unlimited number of hours of unused sick leave and up to 240 hours of unused vacation leave. Upon termination, employees receive 100% of allowable accumulated vacation hours and a percentage of unused sick leave, depending on years of service. Vacation leave and sick leave are included in operating costs when the payments are made to employees. The Clerk does not, nor is he legally required to, accumulate financial resources for these un- matured obligations. Accordingly, the liability for compensated absences is not reported in the general fund, but rather is reported in the basic financial statements of Collier County, Florida. 0712-08922 fl 13 13A I Collier County, Florida Clerk of the Circuit Court Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies (continued) Use of Estimates The preparation of financial statements requires management of the Clerk to make a number of estimates and assumptions relating to the reported amounts of assets and liabilities and the disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures during that period. Actual results could differ from those estimates. Comparative Data The financial statements include certain prior year summarized comparative information in total but not at the level of detail required for a presentation in conformity with generally accepted accounting principles. Accordingly, such information should be read in conjunction with the Clerk's financial statements for the year ended September 30, 2006, from which the summarized information was derived. 2. Budgetary Process Florida Statutes govern the preparation, adoption, and administration of the Clerk's annual budget. The budget of the Clerk is prepared for the general fund transfer and juvenile assessment funds, which is submitted to and approved by the Board. The Clerk also prepares and approves the budget for the public records modernization fund and the budget related to his recording function based on anticipated fees. Effective July 1, 2004, and pursuant to Section 28.36, Florida Statutes, a balanced court - related budget must be prepared on or before August 15 and submitted to the Florida Clerks of Court Operations Corporation (the Corporation). If the Clerk estimates that projected revenues are insufficient to meet anticipated expenditures. the Clerk must report the revenue deficit to the Corporation. Once the Corporation verifies the revenue deficit, the Clerk can increase fees up to the maximum amounts specified by law to resolve the deficit. if a revenue deficit is still projected, a request can be submitted to release funds from the Department of Revenue Clerks of the Court Trust Fund. 0711_0892151 14 13A Collier County, Florida Clerk of the Circuit Court Notes to Financial Statements (continued) 2. Budgetary Process (continued) The budget is prepared on a basis consistent with accounting principles generally accepted in the United States. The annual budget serves as the legal authorization for expenditures. Any subsequent amendments to the Clerk's transfer budget funded by the Board must be approved by the Board, amendments to the Clerk's fee budget are at the discretion of the Clerk, and any amendments of the court budget must be approved by the Corporation for the court services fund. Expenditures may not legally exceed appropriations at the fund level. Appropriations lapse at year end. Budgetary control is maintained at the departmental major object expenditure level. Budgetary changes within major object expenditure categories are made at the discretion of the Clerk. The original budget is the first complete appropriated budget. The final budget is the original budget adjusted by all reserves, transfers, allocations, supplemental appropriations, and other legally authorized changes applicable to the fiscal year, whenever legally authorized. 3. Cash and Cash Equivalents At September 30, 2007, the carrying value of the Clerk's cash and cash equivalents was as follows: Carrying Type Maturity Value Credit Rating Cash on hand N/A $ 5,050 N/A Demand deposits N/A 36,698,201 N/A Local government surplus funds trust fund 30 days 515,309 Unrated Total cash and cash equivalents $ 37,218,560 The Clerk maintains a cash pool for the deposits of all governmental and agency funds. Each fund type's portion of these balances is presented as cash and cash equivalents in the accompanying financial statements. Interest income is allocated to each fund based on its proportionate balance in the pool. Cash and cash equivalents as of September 30, 2007 are reported as $19,945,350 and $17,273,210 in the governmental funds and fiduciary funds, respectively. 07 12- os92zs i 15 13A Collier County, Florida Clerk of the Circuit Court Notes to Financial Statements (continued) 3. Cash and Cash Equivalents (continued) Custodial Credit Risk At September 30, 2007, the Clerk's deposits were entirely covered by federal depository insurance or by collateral pledged with the State Treasurer pursuant to Chapter 280, Florida Statutes. Under this Chapter, in the event of default by a participating financial institution (a qualified public depository), all participating institutions are obligated to reimburse the governmental entity for the loss. Credit Risk The Clerk's policy is to follow the guidance in Section 219.075, Florida Statutes, regarding the deposit of funds received and the investment of surplus funds. Sections 219.075 and 218.415, Florida Statutes, authorize the Clerk to invest in the Local Government Surplus Funds Trust Fund or any intergovernmental investment pool authorized pursuant to the Florida Inter -local Cooperation Act; Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; direct obligations of the United States Treasury, federal agencies and instrumentalities, or interest - bearing time deposits or savings accounts in banks organized under the laws of the United States and doing business and situated in the State of Florida, savings and loan associations which arc under state supervision, or in federal savings and loan associations located in the State of Florida and organized under federal law and federal supervision.. provided that any such deposits are secured by collateral as may be prescribed by law. Additionally, Florida Statutes allow local governments to place public funds with institutions that participate in a collateral pool under the Florida Security for Public Deposits Act. The pool is administered by the State Treasurer, who may make additional assessments to ensure that no public funds will be lost. The Local Government Surplus Trust Fund is a 2a -7 like investment pool which is not rated by a nationally recognized statistical rating organization. All deposits with the Local Government Surplus Trust Fund were withdrawn in November 2007. Interest Rate Risk The Clerk has no specific investment policy regarding interest rate risk. 0912- 08931 s1 16 13A Collier County, Florida Clerk of the Circuit Court Notes to Financial Statements (continued) 4. Interest Income and Investment of County Funds Pursuant to Florida Statutes, Section 28.33, and Collier County resolution, the Clerk invests all County funds in excess of those required to meet expenses. Interest revenue from funds invested is recorded as income of the office of the Clerk and any excess interest earnings are returned to the Board at year -end as described in Note 1. Interest income of $35,251,674 reported in the general fund for the year ended September 30, 2007 consists of $34,692,703 related to interest earned on funds invested on behalf of the County, and remitted to the Board, and $558,971 of interest earned on Clerk funds. 5. Receivables Pursuant to Florida Statutes, Section 28.246, beginning July 1, 2003, the Clerk shall establish and maintain a system of accounts receivable for court - related fees, charges, and costs. Since July I, 2004 the accumulated receivables through September 30, 2006 totaled $14,694,613. For the current period October 1, 2006 through September 30, 2007 accumulated additional receivables totaled $4,241,473 for a total cumulative receivable balance of $18,936,086. This receivable is considered uncollectible and is not recorded in the accompanying financial statements. This outstanding balance will be monitored and all efforts will be made to collect these and any future balances outstanding due the Clerk. 6. Capital Assets Capital assets used by the governmental fund type operations are capitalized in the basic financial statements of Collier County, Florida rather than in the governmental funds of the Clerk. Upon acquisition, such assets are recorded as expenditures in the governmental funds of the Clerk and capitalized at cost in the basic financial statements of the Collier County, Florida. Capital assets are valued at historical cost, or estimated historical cost if actual historical cost is not available. Donated capital assets are valued at their estimated fair value on the date received. The Clerk maintains custodial responsibility for the capital assets used by the office. No depreciation has been provided on capital assets in the accompanying financial statements. However, depreciation expense on these assets is recorded in the basic financial statements of Collier County, Florida. 0712- 0892251 17 13A Collier County, Florida Clerk of the Circuit Court Notes to Financial Statements (continued) 7. Long -Term Liabilities The following is a summary of changes in general long -term liabilities which are reflected in the basic financial statements of Collier County, Florida: October 1, September 30, 2006 Additions Deletions 2007 Accrued compensated absences $ 1,501,119 $ 324,921 $ 155,926 S 1,670,114 Of these obligations, approximately $250,517 is expected to be paid during the fiscal year ending September 30, 2008. These long -term liabilities are not reported in the financial statements of the Clerk since they have not matured. 8. Employee Retirement Plan Substantially all full -time employees of the Clerk are eligible to participate in the State of Florida Retirement System (System), a cost - sharing multiple- employer defined benefit plan administered by the State of Florida. Division of Retirement. The System is a defined benefit plan for all state and participating county, district board, community college, and university employees (Pension Plan). The System also offers eligible employees participation in an alternative defined contribution plan (Investment Plan). The Clerk participates in the Elected State Officers' Class. The plan is administered by the State of Florida. Contribution rates are established statewide for all participating governmental units. Accordingly, the actuarial information and related disclosures attributable to the Clerk's employees are not determinable. Employees participating in the Pension Plan, who retire at or after age 62 with six years of credited service or with 30 years of service regardless of age, are entitled to a retirement benefit payable monthly for life, equal to 1.6% for regular employees, 2% for senior management and 3% for county elected officials of their average final compensation for each year of credited service. Average final compensation is the employees average of the five highest fiscal years of salary earned during credited service. Vested employees may retire before age 62 and receive benefits that are reduced 5% for each year prior to normal retirement age or date. Employees participating in the Pension Plan are vested after one year of service with no age requirements. The System also provides death and disability benefits. Benefits are established by Chapter 121, Florida Statutes. 0212- 08922s1 18 13A Collier County, Florida Clerk of the Circuit Court Notes to Financial Statements (continued) 8. Employee Retirement Plan (continued) The Deferred Retirement Option Program (DROP) is a program that provides an alternative method for payment of retirement benefits for a specified and limited period for members of the System, effective July 1, 1998. Under this program, the employee may retire and have their benefits accumulate in the Florida Retirement System Trust Fund, earning interest, while continuing to work for a system employer. The participation in the program does not change conditions of employment. When the DROP period ends, a maximum of 60 months, employment must be terminated. At the time of termination of employment, the employee will receive payment of the accumulated DROP benefits, and begin receiving their monthly retirement benefit (in the same amount determined at retirement, plus annual cost -of- living increases). The System publishes an annual report that provides ten -year historical trend information about progress made in accumulating sufficient assets to pay benefits when due. This report may be obtained by writing to Division of Retirement, Department of Management Services, 1317 Winewood Boulevard, Building 8, Tallahassee, Florida 32399, or by calling (850) 488 -5706, or accessing their Internet site at www.frs.state.fl.us. The Clerk is required to contribute an actuarially determined rate. The current rate is 16.53% for county elected officials, 9.85% for regular employees, 13.12% for senior management, and 10.91% for DROP employees. The contribution requirements of the Clerk are established and may be amended by the State of Florida. The Clerk contributions to the plan for the years September 30, 2007, 2006, and 2005 were $1,134,120, $802,329, and $709,975, respectively, equal to the required contributions for each year. 9. Related Party Transactions The Board provided funding for the Clerk in the amount of $5,117,000. At September 30, 2007, the Clerk had a payable due to the Board of $9,279,693 comprised as follows: Distribution of excess fees $ 1,164,282 Distribution of investment interest 7,700,291 Agency funds due 55,536 Amounts due from various services 359,584 Total due to Board of County Commissioners $ 9,279,693 0712 - 0892251 19 13A 111-14 Collier County, Florida Clerk of the Circuit Court Notes to Financial Statements (continued) 9. Related Party Transactions (continued) Additionally, transfers of $500,000 and $97,185 to the Public Records Modernization fund and Juvenile Assessment fund, respectively, were made by the Board. 10. Risk Management Collier County, Florida (the County) is exposed to various risks of loss, including, but not limited to general liability, health and life, property and casualty, auto and physical damage, and workers' compensation. The County is substantially self - insured and accounts for and finances its risk of uninsured losses through an internal service fund. All liabilities associated with these self - insured risks are reported in the basic financial statements of the County. During the year ended September 30, 2007, the Clerk was charged $2,418,661 by the County for participation in the risk management program. The County retains the first $350,000 per claim for workers' compensation, and has purchased outside excess coverage for up to $25 million for employment liability claims and statutory limits for each injury and illness. The County also retains the first $100,000 per claim/$200,000 per occurrence for general liability and auto liability coverage and has purchased outside excess coverage for up to $1 million per claim. Negligence claims in excess of the statutory limits set in Section 768.20, Florida .Statutes, which provide for limited sovereign immunity of $100,0005200,000 per occurrence can only be recovered through an act of the State Legislature. Property claims are subject to a 5% wind deductible and a $50,000 deductible for all other perils. The County also retains the first $100,000 per claim /$200,000 per occurrence for public official errors and omissions and crime coverage and has purchased outside excess coverage for up to $5 million per claim. There have been no significant reductions in insurance coverage in the last year. Settled claims have not exceeded the insurance provided by third party carriers in any of the last three years. The County is also self - insured for health claims covering all of its employees and their eligible dependents. The County retains the first $175.000 per covered member and has purchased outside excess coverage for up to $2 million for each claimant. As required by Section 112.081, Florida Statutes, retirees, and their eligible dependents are provided the same health care coverage as is offered to active employees at the same premium cost (borne by the retiree) applicable to active employees. An actuarial valuation is performed each year to estimate the amounts needed to pay prior and future claims and to establish reserves. 0712 -0892251 20 13A Collier County, Florida Clerk of the Circuit Court Notes to Financial Statements (continued) 11. Claims and Contingencies Litigation The Clerk of the Circuit Court is routinely involved as defendant, plaintiff and as a "party in interest" in carrying out its statutorily and constitutionally assigned tasks. During the year ended September 30, 2007, the Clerk was involved in approximately 4,683 Collection cases. These are Court actions designed to collect fees and costs imposed by the Courts in criminal cases. The Clerk was involved in approximately 160 bond forfeiture actions. Those cases involve collecting forfeitures of criminal appearance bonds. There is currently one case pending before the Second District Court of Appeal. There are approximately 22 actions for foreclosure of property in which the Clerk has been a named Defendant. In addition to the above action, the Clerk was a Plaintiff in an action to recover funds from a party who misrepresented information in order to wrongfully seize $20,000 from the Clerk. The Clerk obtained a judgment in that case and is currently seeking to enforce the judgment. The Clerk is a party Defendant in pending litigation relating to the issuance of a tax deed wherein the Plaintiffs assert in part that the tax deed sale was not properly conducted and that the allegedly rightful property owner did not receive notice of the tax deed sale. Collier County Litigation The law firm of Woodward, Pires and Lombardo, P.A., represents the Clerk of Courts as Plaintiff in a Declaratory Judgment and a request for an accounting action which has been pending since 2004. The defendant is the Board of County Commissioners and two County employees (one of which has retired). In that action there was a 14 day hearing to disqualify counsel, which was denied after the extended hearing. During the hearing numerous expert witnesses were hired and called as witnesses. In addition, during Discovery, the Clerk learned that the Fire Department Chief for the Isle of Capri Fire Department to which some of the financial records pertain, plead "No Contest" to a misdemeanor violation regarding record keeping and has claimed a Fifth Amendment right (right not to incriminate himself) in response to questions propounded at depositions on the case. During the course of the Declaratory action litigation, and at or about the time of filing the Motion to Disqualify Clerk's Counsel, the County and a County employee (since retired) each filed a Petition for Writ of Quo Warranto alleging the Clerk has no right to audit, examine, or inspect anything other than to determine lawfulness of expenditures and that the time in which 0712 - 0892251 21 13A Collier County, Florida Clerk of the Circuit Court Notes to Financial Statements (continued) 11. Claims and Contingencies (continued) the audit can occur is only between a request for payment being made by the Clerk and payment of the bill. This action forced the Clerk to employ additional counsel to represent the Clerk as the Defendant in the Quo Warranto action. The Clerk then employed the law firm of Ackerman, Link and Sartory, to represent the Clerk in the Quo Warranto action. The cases have now had four (4) separate judges assigned and the Clerk has had to ask to disqualify one judge because it was discovered that at the direction of the Chief Judge, the Deputy Court Administrator held exparte communications with counsel for the County and the County employees about who to appoint as a replacement judge in the case. On September 24, 2007 the fourth assigned judge (being assigned the case by the Chief Judge without notice to or at the request of any party, removing the case from the judge that had presided over the case for over 15 months) after having only been assigned to the case for less than a month the new judge entered a final judgment, granting motions for summary judgment filed by the County. This final judgment is currently on appeal to the Second District Court of Appeals with Common Cause and the Florida Association of Court Clerks and Comptroller (FACC) filing Amicus Briefs on behalf of the Clerk. There has also been another case which was filed by the County in 2007 asserting that the Clerk's office is a budget office of the County and that interest income derived by the Clerk from investing Collier County taxpayer funds are not income of the Clerk. The Clerk and his counsel attempted to get the Florida Attorney General to resolve this issue, but the County refused and filed the case in Circuit Court. This newly filed lawsuit concerns the same issues involved in a 2002 case between the Clerk and the County, initiated by the Clerk, wherein in 2002, the County settled with the Clerk agreeing that h7orida Statute 28.33, which states as follows: "Investment of county funds by the clerk of tire circuit court — The clerk of the circuit court in each county shall invest county funds in excess of those required to meet expenses as provided in s. 218.415. No clerk investing such funds shall be liable for the loss of any interest when circumstances require the withdrawal q/ funds placed in a time deposit and needed for immediate payment of county obligations. Except for interest earned on moneys deposited in the registry of the court, all interest accruing from moneys deposited shall be deemed income of the office of the clerk of the circuit court investing such moneys and shall be deposited in the same account as are other ,fees and commissions of the clerk's office. " 0712- 08922s1 22 13A Collier County, Florida Clerk of the Circuit Court Notes to Financial Statements (continued) 11. Claims and Contingencies (continued) was controlling. The Board passed a resolution stating the above as the settlement. The County and Clerk are now re- litigating that same issue. This case is currently awaiting ruling from the Court on the County's emergency motion for a temporary injunction heard in January, 2008 and a Motion for Summary Judgment filed by the County. If the Court rules in the County's favor on either of these motions, the Clerk will appeal these rulings. The Clerk feels that the checks and balances for local government, which are in jeopardy, demand these actions be defended vigorously. The Clerk believes that the fundamental interest of taxpayers to preserve the traditional role of the Clerk of Courts, as a check and balance in local government, is too great to abandon. The Florida legislature, which is currently in session, has a bill pending which would reverse the effects of the Court's ruling in the first case. The Clerk and its counsel believe that the Clerk's position is legally correct. There are claims for damages and the Clerk is incapable of determining what the outcome will be. If the Court allows the County to control income from interest revenue and the County maintains its positions that they are not required to fund any of the financial functions of the Clerk's office, the Clerk will have to close the doors of the office. The cost expended by the Clerk in terms of attorney fees and costs related to litigation, during the year ended September 30, 2007, was approximately $1.2 million dollars. 0712- 0892)51 23 13A Collier County, Florida Clerk of the Circuit Court Combining Balance Sheet — Agency Funds Assets Cash and cash equivalents Due from other funds "Dotal assets Liabilities Due to the Collier Counry, Florida Board of County Commissioners Due to other governments Due to other funds Deposits 'total liabilities September 30, 2007 Jury and Clerk's Court Ordinary Agency Registry Witness Total $ 4.423,615 $ 12.787,464 $ 62.131 $ 17,273,210 8,846 - - 8.846 $ 4.432,461 $ 12,787,464 $ 62,131 $ 17,282,056 $ 54.193 $ 1.343 $ - $ 55,536 886.683 - 20.512 907.195 - - 4L619 41.619 3.491,585 12786.121 - 16,277,706 $ 4.432.461 $ 12.787.464 $ 62,131 $ 17,282,056 0-12- 0891151 24 13A Collier County, Florida Clerk of the Circuit Court Statement of Changes in Assets and Liabilities — Agency Funds Year Ended September 30, 2007 Liabilities Balance Balance Due to the Collier County, Florida October 1, September 30, Board of County Commissioners 2006 Additions Deletions 2007 Assets 1,241,737 10,377,144 10,711,686 907,195 Cash and cash equivalents $ 25,447,163 $ 161,172,314 $ 169,346,267 $ 17,273,210 Due from other funds — 8,846 — 8,846 Total assets $ 25,447.163 $ 161,181,160 $ 169,346.267 $ 17,282,056 Liabilities Due to the Collier County, Florida Board of County Commissioners $ 162,299 $ 56,879 $ 163,642 55,536 Due to other governments 1,241,737 10,377,144 10,711,686 907,195 Due to other funds — 41,619 — 41,619 Deposits 24,043.127 150,705,518 158,470,939 16,277,706 Total liabilities $ 25,447,163 $ 161.181,160 $ 169,346,267 $ 17,282,056 0712-089125 1 25 JI ERN5V I \ ;_ 4 13A Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards The Honorable Dwight E. Brock, Clerk of the Circuit Court Collier County, Florida We have audited the financial statements of each major fund and the aggregate remaining fund information of the Collier County, Florida Clerk of the Circuit Court (the "Clerk ") as of and for the year ended September 30, 2007, and have issued our report thereon dated March 4, 2008. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control over Financial Reporting In planning and performing our audit, we considered the Clerk's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Clerk's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Clerk's internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. 0712 - 0892251 26 13A Compliance and Other Matters As part of obtaining reasonable assurance about whether the Clerk's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing .Standards. We noted certain matters that we reported to management of the Clerk in a separate letter dated March 4, 2008. This report is intended solely for the information and use of the Clerk, management, others within the entity, the Board of County Commissioners of Collier County, Florida, and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. g� * 014- UP March 4, 2008 0713- 089I_'S1 27 = E)? ,v c� cl 13A Management Letter The Honorable Dwight E. Brock, Clerk of the Circuit Court Collier County, Florida We have audited the financial statements of each major fund and the aggregate remaining fund information of the Collier County, Florida Clerk of the Circuit Court (the "Clerk ") as of and for the year ended September 30, 2007, and have issued our report thereon dated March 4, 2008. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental audits performed in the State of Florida and require that certain items be addressed in this letter. We have also issued our report dated March 4, 2008 on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards. Disclosures in that report should be considered in conjunction with this management letter. We have the following suggestions for improvement in accounting procedures and controls. Prior Year Findings and Recommendations There were no findings or recommendations made in the preceding annual financial audit. Current Year Findings and Recommendations 2007 -1 Financial Statement Close Process Observation In performing the fiscal year 2007 audit, we identified certain audit differences that resulted in adjustments to the Clerk's financial statements. Noted audit differences included reclassifications and other adjustments in the areas of reporting of cash and cash equivalent balances; revenue and expense recognition, and other modifications in the financial statement presentation and disclosure. These differences could have been identified by management through a more effective financial statement close process. 0713 - 0892251 28 Eli) 13A Recommendation We recommend that the Clerk's accounting department review its financial statement close process and establish formalized procedures to ensure the proper reconciliation of all significant accounts and the appropriate disposition of reconciling items. The Clerk's review of its financial statement close process should also incorporate the implementation of effective monitoring controls, such as documented supervisory reviews and approvals at various stages of the process. In reviewing and implementing changes to its financial statement closing process, the Clerk should review the duties of its accounting personnel to assess whether it has sufficient accounting personnel with the appropriate experience and training to effectively perform the financial statement close process. Management 's Response On October 1, 2006, the Collier County Clerk switched accounting systems to the SAP environment. This system is completely different from the Moore Governmental Accounting system that had been used previously. While the conversion went smoothly, the year end closing process changed for the year ended September 30, 2007. With subsequent closings we will utilize the finance department to draw on their resources and knowledge to assist us in streamlining the process and eliminating any potential problems in the future. Staffing of any governmental entity is subject to constraints of resources and that is currently a subject of discussion in most if not all Florida Local Governments. Other Required Communications No matters of noncompliance with Section 218.415, Florida Statutes, regarding the investment of public funds were identified within the scope of our audit. The results of our audit disclosed no violations of laws, rules, regulations or contractual provisions or abuse, no improper or illegal expenditures, and no control deficiencies other than the internal control recommendations included above. The Clerk was established by the Constitution of the State of Florida, Article Vlll, Section I (d). Section 10.554(1)(i)8., Rules of the Auditor General, requires a statement as to whether or not the Clerk complied with Section 28.35, Florida Statutes, regarding the budget and performance standards certified by the Florida Clerk of Courts Operations Corporation. The results of our audit did not identify any instances of noncompliance that are required to be reported. 07 n- 0892, I 29 This management letter is intended solely for the information of the Clerk, management, the Board of County Commissioners of Collier County, Florida, and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. 16� f ��OU7 LLP March 4, 2008 0712 - 0892251 - 30 13A FINANCIAL STATEMENTS Collier County, Florida Property Appraiser Year Ended September 30, 2007 With Report of Independent Certified Public Accountants 0711- 0884300 Collier County, Florida Property Appraiser Financial Statements Year Ended September 30, 2007 Contents Report of Independent Certified Public Accountants Financial Statements 13A .............. ..............................1 Balance Sheets — General Fund ......................................................................... ..............................3 Statements of Revenues, Expenditures, and Changes in Fund Balance — GeneralFund ................................................................................................... ..............................4 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual — (Budgetary Basis) — General Fund ................................ ..............................5 Notes to Financial Statements ............................................................................ ..............................6 Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ........................................ .............................15 Management Letter ............ ............................... 0711.0884300 ..........................17 134 J► ERNS T & 101r c, .1 . Report of Independent Certified Public Accountants Honorable Abe Skinner, Property Appraiser Collier County, Florida We have audited the accompanying financial statements of the general fund of the Collier County, Florida Property Appraiser (the "Property Appraiser "), as of and for the year ended September 30, 2007, as listed in the table of contents. These financial statements are the responsibility of the Property Appraiser's management. Our responsibility is to express an opinion on these financial statements based on our audit. The prior year summarized comparative information has been derived from the Property Appraiser's financial statements for the year ended September 30, 2006, which were audited by other auditors whose report dated November 17, 2006, expressed an unqualified opinion on the financial statements of the general fund. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. We were not engaged to perform an audit of the Property Appraiser's internal control over financial reporting. Our audit included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Property Appraiser's internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As discussed in Note 1, the accompanying financial statements were prepared for the purpose of complying with, and on the basis of accounting practices specified by, the Rules of the Auditor General of the State of Florida and are not intended to be a complete presentation of the financial position of the Property Appraiser, as of September 30, 2007, and the changes in its financial position for the year then ended, in conformity with accounting principles generally accepted in the United States. 0711 -0994300 ERN$T & iDUNG 13A In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the general fund of the Property Appraiser as of September 30, 2007, and the changes in financial position thereof for the year then ended in conformity with accounting principles generally accepted in the United States, and the budgetary comparison for the general fund for the year then ended in conformity with the budgetary basis of accounting described in Note 2. In accordance with Government Auditing Standards, we have also issued our report dated January 29, 2008 on our consideration of the Property Appraiser's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. This report is intended solely for the information and use of the Property Appraiser, management, the Board of County Commissioners of Collier County, Florida, and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. fgM -f t"7 UP January 29, 2008 0711- 0884300 2 Collier County, Florida Property Appraiser Balance Sheets — General Fund September 30, 2007 (With Comparative Amounts for 2006) 2007 2006 Assets Cash and cash equivalents $ 1,136,491 $ 1,051,805 Total assets $ 1,136,491 $ 1,051,805 Liabilities and fund balance Liabilities: Accrued liabilities $ 46,454 $ 44,187 Due to Collier County, Florida Board of County Commissioners 978,079 904,061 Due to other taxing districts 111,958 103,557 Total liabilities 1,136,491 1,051, 805 Fund balance — — Total liabilities and fund balance $ 1,136,491 $ 1,051,805 See accompanying notes. 0711- 0884300 3 Collier County, Florida Property Appraiser Statements of Revenues, Expenditures, and Changes in Fund Balance — General Fund Year Ended September 30, 2007 (With Comparative Amounts for 2006) Revenues: Commissions and fees Miscellaneous Total revenues Expenditures: General government: Personal services Operating Capital outlay Total expenditures Excess of revenues over expenditures Other financing uses: Distribution of excess fees to Collier County, Florida Board of County Commissioners Distribution of excess fees to other taxing districts Total other financing uses Excess of revenues over expenditures and other financing uses Fund balance, beginning of year Fund balance, end of year See accompanying notes. 13A 2007 2006 $ 6,425,548 $ 6,024,824 628,066 616,135 7,053,614 6,640,959 4,476,552 4,108,805 1,278,626 1,365,935 208,399 15 8, 601 5,963,577 5,633,341 1,090,037 1,007, 618 (978,079) (904,061) (111,958) (103,557) (1,090,037) (1,007,618) 011- 0x8430" 4 13A Collier County, Florida Property Appraiser Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual — (Budgetary Basis) — General Fund Year Ended September 30, 2007 Variance With Final Budget Budget Positive Original Final Actual (Negative) Revenues: Commissions and fees $ 6,425,548 $ 6,425,548 $ 6,425,548 $ — Total revenues 6,425,548 6,425,548 6,425,548 — Expenditures: General government: Personal services 4,600,370 4,600,370 4,476,552 123,818 Operating 1,480,613 1,480,613 650,560 830,053 Capital outlay 344,565 344,565 208,399 136,166 Total expenditures 6,425,548 6,425,548 5,335,511 1,090,037 Excess of revenues over expenditures — — 1,090,037 (1,090,037) Other financing uses: Distribution of excess fees to Collier County, Florida Board of County Commissioners (978,079) (978,079) Distribution of excess fees to other taxing districts (111,958) (111,958) Total other financing uses — — (1,090,037) (1,090,037) Excess of revenues over expenditures and other financing uses Fund balance, beginning of year — Fund balance, end of year $ — See accompanying notes. 0711- 0884300 5 13A Collier County, Florida Property Appraiser Notes to Financial Statements September 30, 2007 1. Summary of Significant Accounting Policies Reporting Entity -,'fhe Collier County, Florida Property Appraiser (the Property Appraiser) is an elected constitutional officer as provided for by the Constitution of the State of Florida. Pursuant to Chapter 129, Florida Statutes, the Property Appraiser's budget is submitted to the Florida Department of Revenue for approval, and a copy is forwarded to the Collier County, Florida Board of County Commissioners (Board). The financial statements presented include the general fund of the Property Appraiser's office. The accompanying financial statements were prepared for the purpose of complying with Section 218.39, Florida Statutes, and Section 10.557(3), Rules of the Auditor General for Local Governmental Entity Audits. Section 10.556(4), Rules of the Auditor General. for Local Governmental Entity Audits, requires the Collier County, Florida Property Appraiser financial statements to only present fund financial statements. Accordingly, due to the omission of government -wide financial statements and related disclosures, including a managements discussion and analysis, these financial statements do not constitute a complete presentation of the financial position of the Collier County, Florida Property Appraiser as of September 30, 2007 and the changes in its financial position for the year then ended, in conformity with Governmental Accounting Standards Board (GASB) Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis — for State and Local Governments, but otherwise constitute financial statements prepared in conformity with U.S. generally accepted accounting principles. The financial activities of the Property Appraiser, as a constitutional officer, are included in the Collier County, Florida Comprehensive Annual Financial Report. Measurement Focus, Basis of Accounting, and Basis of Presentation Fund financial statements report detailed information about the Property Appraiser. The focus of governmental fund financial statements is on major funds rather than reporting funds by type. Each major fund is reported in a separate column. 071 1 -08WOO 6 13A Collier County, Florida Property Appraiser Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies (continued) Governmental Funds Governmental funds are accounted for using the flow of current financial resources measurement focus. Only current assets and current liabilities, generally, are included on the balance sheet. Operating statements of these funds present increases (i.e., revenues and other financing sources) and decreases (i.e., expenditures and other financing uses) in net current assets. The Property Appraiser's only governmental fund is the general fund. The general fund is used to account for the general operations of the Property Appraiser. The modified accrual basis of accounting is used by governmental funds. Under the modified accrual basis of accounting, revenues are recognized when susceptible to accrual (i.e., when they become measurable and available to finance current liabilities of the fiscal year). For this purpose, the Property Appraiser considers revenues to be available if they are collected within 60 days after year end. Expenditures are recorded when the related fund liability is incurred, except for compensated absences, which are recognized as expenditures to the extent they have matured. Substantially all of the Property Appraiser's revenue is received from taxing authorities. These moneys are virtually unrestricted and are revocable only for failure to comply with prescribed compliance requirements. These resources are reflected as revenue at the time of receipt; earlier if the "susceptible to accrual" criteria are met. Miscellaneous revenue is recognized as it is earned and becomes measurable and available to pay liabilities of the current period. Florida Statutes provide that the amount by which revenues exceed annual expenditures be remitted to each governmental agency immediately following the fiscal year for which the funding was provided or following the fiscal year during which other revenue was recognized. Florida Statutes further provide that the excess of revenues over expenditures held by the Property Appraiser be distributed to each governmental agency in the same proportion as the fees paid by each governmental agency bear to total fee revenues. The amount of this distribution is recorded as a liability and as an other financing use in the accompanying financial statements. 0711- 0884300 7 13A ;" Collier County, Florida Property Appraiser Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies (continued) Capital outlays expended in the general fund operations are capitalized in the basic financial statements of Collier County, Florida rather than in the governmental funds of the Property Appraiser. Cash Equivalents Cash equivalents are defined as highly liquid investments with original maturities of three months or less. Compensated Absences All full -time employees of the Property Appraiser are allowed to accumulate an unlimited number of hours of unused sick time and up to 240 hours of unused vacation leave. Upon termination, employees receive 100% of allowable accumulated vacation hours and a percentage of unused sick leave, depending on years of service, not to exceed 1,040 hours. Vacation time and sick leave are included in operating costs when the payments are made to employees. The Property Appraiser does not, nor is he legally required to accumulate financial resources for these unmatured obligations. Accordingly, the liability for compensated absences is not reported in the general fund, but rather is reported in the basic financial statements of Collier County, Florida. Use of Estimates The preparation of the financial statements requires management of the Property Appraiser to make a number of estimates and assumptions relating to the reported amounts of assets and liabilities and the disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures during the period. Actual results could differ from those estimates. Comparative Data The financial statements include certain prior year summarized comparative information in total but not at the level of detail required for a presentation in conformity with generally accepted accounting principles. Accordingly, such information should be read in conjunction with the Property Appraiser's financial statements for the year ended September 30, 2006, from which the summarized information was derived. 0711- 0884300 8 Collier County, Florida Property Appraiser Notes to Financial Statements (continued) 2. Budgetary Process 13A Florida Statutes govern the preparation, adoption, and administration of the Property Appraiser's annual budget. The Property Appraiser prepares a budget for the general fund and submits it to the Florida Department of Revenue for approval. A copy of the approved budget is provided to the Board of County Commissioners. Any subsequent amendments to the Property Appraiser's total budget must be approved by the Florida Department of Revenue. The annual budget serves as the legal authorization for expenditures. Expenditures may not legally exceed appropriations at the fund level. Appropriations lapse at year end. Budget control is maintained at the departmental major object expenditure level. Budgetary changes within major object expenditure categories are made at the discretion of the Property Appraiser. The original budget is the first complete appropriated budget. The final budget is the original budget adjusted by all reserves, transfers, allocations, supplemental appropriations, and other legally authorized changes applicable to the fiscal year, whenever legally authorized. The Property Appraiser's budget is prepared under a budgetary basis of accounting that differs from generally accepted accounting principles (GAAP). Certain revenues received from non ad valorem commissions and other sources and expenditures paid for from these revenues are not recognized under the budgetary basis of accounting; however, the revenues and expenditures have been recognized under GAAP. The actual results of operations in the statement of revenues, expenditures, and changes in fund balance — budget to actual — general fund are presented on a budgetary basis. Adjustments to convert the results of operations for the year ended September 30, 2007 from the budgetary basis of accounting to the GAAP basis of accounting are as follows: Budgetary basis Revenues and expenditures not budgeted GAAP basis Miscellaneous Operating Revenues Expenditures $ — $ 650,560 628,066 628,066 $ 628,066 $ 1,278,626 0711 - 0884300 9 13A Collier County, Florida Property Appraiser Notes to Financial Statements (continued) 3. Cash and Cash Equivalents At September 30, 2007, the carrying value of the Property Appraiser's cash and cash equivalents was as follows: Carrying Credit Type Value Rating Cash on hand Deposit accounts Repurchase agreements Total cash and cash equivalents Custodial Credit Risk $ 125 N/A 148,820 N/A 987,546 N/A $ 1,136,491 At September 30, 2007, the Property Appraiser's deposits were entirely covered by federal depository insurance or by collateral pledged with the state treasurer pursuant to Chapter 280, Florida Statutes. Under this chapter, in the event of default by a participating financial institution (a qualified public depository), all participating institutions are obligated to reimburse the governmental entity for the loss. Interest Rate Risk The Property Appraiser has no specific investment policy regarding interest rate risk. Credit Risk The Property Appraiser's policy is to follow the guidance in Section 219.075, Florida Statutes, regarding the deposit of funds received and the investment of surplus funds. Sections 219.075 and 218.415, Florida Statutes, authorize the Property Appraiser to invest in the Local Government Surplus Funds Trust or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act; Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; direct obligations of the United States Treasury; federal agencies and instrumentalities, or interest - bearing time deposits or savings accounts in banks organized under the laws of the United States and doing business and situated in the State of Florida, savings and loan 0711 -0884300 10 13A Collier County, Florida Property Appraiser Notes to Financial Statements (continued) 3. Cash and Cash Equivalents (continued) associations which are under state supervision, or in federal savings and loan associations located in the State of Florida and organized under federal law and federal supervision, provided that any such deposits are secured by collateral as may be prescribed by law. 4. Capital Assets Capital assets used by the Property Appraiser are reported in the basic financial statements of Collier County, Florida rather than in the general fund of the Property Appraiser. Upon acquisition, such assets are recorded as expenditures in the general fund of the Property Appraiser, and are capitalized at cost in the basic financial statements of Collier County, Florida. Capital assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated capital assets are valued at their estimated fair value on the date received. The Property Appraiser maintains custodial responsibility for the capital assets used by the office. No depreciation expense has been provided on capital assets in these financial statements. However, depreciation expense is recorded in the basic financial statements of Collier County, Florida. 5. Long -Term Liabilities The following is a summary of changes in general long -term liabilities which are reported in the basic financial statements of the Collier County, Florida: October 1 Net September 30 2006 Decrease 2007 Accrued compensated absences $478,045 $(2,527) $475,518 Of these liabilities, approximately $25,000 is expected to be paid during the fiscal year ending September 30, 2008. These long -term liabilities are not reported in the financial statements of the Property Appraiser since they have not matured. 0911- 0884100 11 13A k Collier County, Florida Property Appraiser Notes to Financial Statements (continued) 6. Employee Retirement Plan Substantially all full -time employees of the Property Appraiser filling regularly established positions are eligible to participate in the State of Florida Retirement System (System), a cost - sharing multiple- employer public retirement system administered by the State of Florida, Division of Retirement. The System is a defined benefit plan for all state, and participating county, district school board, community college, and university employees (Pension Plan). The System also offers eligible employees participation in an alternative defined contribution plan (Investment Plan). The Property Appraiser participates in the Elected State Officers' Class. The plan is administered by the State of Florida. Contribution rates are established statewide for all participating governmental units. Accordingly, the actuarial information and related disclosures attributable to the Property Appraisers' employees are not determinable. Employees participating in the Pension Plan who retire at or after age 62 with 6 years of credited service, or with 30 years of service regardless of age, are entitled to a retirement benefit, payable monthly for life, equal to 1.6% for regular employees, 2% for senior management, and 3% for County elected officials of their final average compensation for each year of credited service. Final average compensation is the employee's average of the five highest fiscal years of salary earned during credited service. Vested employees may retire before age 62 and receive benefits that are reduced 5% for each year prior to normal retirement age. Employees participating in the Investment Plan are vested after one year of service with no age requirement. The System also provides death and disability benefits. Benefits are established by Chapter 121, Florida Statutes, and Chapter 22B, Florida Administrative Code. The Deferred Retirement Option Program (DROP) is a program that provides an alternative method for payment of retirement benefits for a specified and limited period for members of the System, effective July 1, 1998. Under this program, the employee may retire and have their benefits accumulate in the Florida Retirement System Trust Fund, earning interest, while continuing to work for a System employer. The participation in the program does not change conditions of employment. When the DROP period ends, maximum of 60 months, employment must be terminated. At the time of termination of employment, the employee will receive payment of the accumulated DROP benefits, and begin receiving their monthly retirement benefit (in the same amount determined at retirement, plus annual cost -of- living increases). 12 0711- 0x84300 13A Collier County, Florida Property Appraiser Notes to Financial Statements (continued) 6. Employee Retirement Plan (continued) The System publishes an annual report that provides ten -year historical trend information about progress made in accumulating sufficient assets to pay benefits when due. This report may be obtained by writing to the Division of Retirement, Department of Management Services, 1317 Winewood Boulevard, Building 8, Tallahassee, Florida 32399, or by calling (850) 488 -5706, or accessing their Internet site at www.frs.state.fl.us. The Property Appraiser is required to contribute an actuarially determined rate. The current rate is 16.53% for county elected officials, 9.85% for regular employees, 13.12% for senior management and 10.91% for DROP employees based on covered payroll. The contribution requirements of the Property Appraiser are established and may be amended by the State of Florida. The Property Appraiser's contributions to the plan for the years ended September 30, 2007, 2006, and 2005 were $356,873, $275,095 and $228,671, respectively, equal to the required contributions for each year. 7. Related -Party Transactions For the year ended September 30, 2007, the Board paid fees to the Property Appraiser that amounted to $5,765,577. At September 30, 2007, the Property Appraiser had a payable due to the Board of County Commissioners of $978,079 representing the distribution of excess fees. 8. Risk Management Collier County, Florida (the County) is exposed to various risks of loss including, but not limited to general liability, health and life, property and casualty, auto and physical damage, and workers' compensation. The County is substantially self - insured and accounts for and finances its risk of uninsured losses through an internal service fund. All liabilities associated with these self- insured risks are reported in the basic financial statements of the County. During the year ended September 30, 2007, the Property Appraiser was charged $706,351 by the County for participation in the risk management program. The County provides coverage for up to $350,000 per claim for workers' compensation, and has purchased outside excess coverage for up to $25 million for employer liability claims and statutory benefits for each injury or illness. The County also provides coverage for up to $200,000 per claim for auto and other liability claims, and has purchased outside excess coverage for up to $5 million per claim. Negligence claims in excess of the statutory limits set in 13 0711- 0884300 13A Collier County, Florida Property Appraiser Notes to Financial Statements (continued) 8. Risk Management (continued) Section 768.20, Florida Statutes, which provide for limited sovereign immunity of $100,000/$200,000 per occurrence can only be recovered through an act of the State Legislature. There have been no significant reductions in insurance coverage in the last year. Settled claims have not exceeded the insurance provided by third party carriers in any of the last three years. The County is also self - insured for health claims covering all of its employees and their eligible dependents. The County retains the first $175,000 in losses per calendar year per covered member and purchases excess coverage with a maximum lifetime limit of $2,000,000. As required by Section 112.081, Florida ,Statutes, retirees and their eligible dependents are provided the same health care coverage as is offered to active employees at the same premium cost (borne by the retiree) applicable to active employees. An actuarial valuation is performed each year to estimate the amounts needed to pay prior and future claims and to establish reserves. 9. Litigation The Property Appraiser is involved as defendant or plaintiff in certain litigation and claims arising from the ordinary course of operations. In the opinion of the Property Appraiser and legal counsel, the range of potential recoveries or liabilities will not materially affect the financial position of the Property Appraiser. 071 I- 0884300 14 ERNST&VO( V' 13A Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Honorable Abe Skinner, Property Appraiser Collier County, Florida We have audited the financial statements of the general fund of the Collier County, Florida Property Appraiser (the "Property Appraiser ") as of and for the year ended September 30, 2007, and have issued our report thereon dated January 29, 2008. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Property Appraiser's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Property Appraiser's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Property Appraiser's internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. 15 0711-0884300 J ERNST & YOUNG ■ east & YOung ur 13A ~1 Compliance and Other Matters As part of obtaining reasonable assurance about whether the Property Appraiser's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts. and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. We noted certain matters that we reported to management of the Property Appraiser in a separate letter dated January 29, 2008. This report is intended solely for the information and use of the Property Appraiser, management, others within the entity, the Board of County Commissioners of Collier County, Florida and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. ffx� * "7kkl' January 29, 2008 071 1-0884100 16 J ER,ST N 1 "0L \6 a 13A Management Letter Honorable Abe Skinner, Property Appraiser Collier County, Florida We have audited the financial statements of the general fund of the Collier County, Florida Property Appraiser (the "Property Appraiser ") as of and for the year ended September 30, 2007, and have issued our report thereon dated January 29, 2008. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing .Standards, issued by the Comptroller General of the United States. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental audits performed in the State of Florida and require that certain items be addressed in this letter. We have also issued our report dated January 29, 2008 on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards. Disclosures in that report should be considered in conjunction with this management letter. We have the following suggestions for improvement in accounting procedures and controls. Prior Year Findings and Recommendations There were no findings or recommendations made in the preceding annual financial audit. Current Year Findings and Recommendations 2007-1 Purchasing Policy Observation in our walkthrough of the cash disbursements process, we noted that purchase orders are not always required and exceptions are made in certain situations. We understand that in these circumstances if the purchase amount is over $1,000, the department supervisor will obtain verbal permission from the Proper Appraiser. 071 i- 0884300 17 J ERNST & YOUNG . Ernst x,o,,,,R tEP 1 3 A Recommendation We recommend that all such approvals be documented in writing to provide evidence that that the approval was granted. This will reduce the potential for unauthorized purchases. Management 's Response We have noted your comment and will take it into consideration. 2007-2 IT Controls Observation Lopical Access While access to the application is limited to two users. individual accounts are not used and as such there is no basis for accountability. Additionally, based on our review of Windows password settings, we determined that password controls should be strengthened. We noted the following settings: • Password history — 0 passwords remembered • Minimum password length — 5 characters • Maximum password age - 0 days • Password must meet complexity requirements — disabled • Reset counter after — I minute • Account lockout duration — I minute • Account lockout threshold — 16 invalid logon attempt Recommendation Logical Access Each user should possess and utilize their own user ID to ensure that accountability for transactions is recorded in the systems. Network (Windows) passwords should provide adequate protection from compromise. The following updates should be made to the password policy: For an entity with a maximum password age of 90, the password history should be set no less than 4 passwords. • Password length should be no less than 6 characters. • The maximum password age should be no less than 90 days. 0`1 - 0884300 18 U JERNST &YOUNG • Ernst &Young EEP 13A ■ Consider enabling password complexity functionality. Password complexity requires users to include lower case letters, upper case letters, and numeric characters. Account lockout threshold should be set between 3 and 5 attempts. Management's Response This is a financial audit and we do not consider this comment to have any relationship to our financial process. Although we have noted your comments and will take them into consideration. Password control — MIS & IT Departments are the only access points to the passwords. We will assign an individual password to the Accounting /HR Manager and take into consideration your other recommendations regarding passwords. Other Required Communications No matters of noncompliance with Section 218.415, Florida Statutes, regarding the investment of public funds were identified within the scope of our audit. The results of our audit disclosed no violations of laws, rules, regulations or contractual provisions or abuse, no improper or illegal expenditures, and no control deficiencies other than the internal control recommendations included above. The Property Appraiser was established by the Constitution of the State of Florida, Article VIII, Section 1(d). This management letter is intended solely for the information and use of the Property Appraiser, management, the Board of County Commissioners of Collier County, Florida, and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. (DM -f f1417 LLP January 29, 2008 19 0711 - 0884300 13A FINANCIAL STATEMENTS Collier County, Florida Sheriff Year Ended September 30, 2007 With Report of Independent Certified Public Accountants 0712- 0892423 M Collier County, Florida Sheriff Financial Statements Year Ended September 30, 2007 Contents Report of Independent Certified Public Accountants ........................................ ..............................I Financial Statements Balance Sheet — Governmental Funds ............................................................... ..............................3 Statement of Revenues, Expenditures, and Changes in Fund Balances — GovernmentalFunds ....................................................................................... ..............................4 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual — General Fund ................................................................. ..............................5 Statement of Net Assets — Internal Service Fund .............................................. ..............................6 Statement of Revenues, Expenses, and Changes in Fund Net Assets — InternalService Fund ...................................................................................... ..............................7 Statement of Cash Flows — Internal Service Fund ............................................. ..............................8 BalanceSheet — Agency Funds ......................................................................... ..............................9 Notes to Financial Statements ........................................................................... .............................10 Combining Financial Information Combining Balance Sheet — Agency Funds ................ ............................... Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards ................ ............................... Report on Agreed -Upon Procedures Applied to Investigative Funds ................... Management Letter...... 0712 - 0892423 .....................24 ........25 .............30 MERNST & YOUNG ■ Ernst 8 Young LLP ■ Phone (954) 88 &8000 100 Northeast www.ey corn I 100 Northeast Third Avenue 1 Fort Lauderdale. Florida 33301 -1166 Report of Independent Certified Public Accountants Honorable Don Hunter, Sheriff Collier County, Florida We have audited the accompanying financial statements of each major fund and the aggregate remaining fund information of the Collier County, Florida Sheriff (the Sheriff), as of and for the year ended September 30, 2007, as listed in the table of contents. These financial statements are the responsibility of the Sheriff s• management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. We were not engaged to perform an audit of the Sheriffs internal control over financial reporting. Our audit included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Sheriffs internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. As discussed in Note 1, the accompanying financial statements were prepared for the purpose of complying with, and on the basis of accounting practices specified by, the Rules of the Auditor General of the State of Florida and are not intended to be a complete presentation of the financial position of the Sheriff, as of September 30, 2007, and the changes in its financial position for the year then ended, in conformity with accounting principles generally accepted in the United States. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of each major fund and the aggregate remaining fund information of the Sheriff as of September 30, 2007, and the respective changes in financial position and, where applicable, cash flows thereof and the budgetary comparison for the general fund for the year then ended in conformity with accounting principles generally accepted in the United States. 0712 -0892433 JERNST & YOUNG ■ Ernst &Young LLP 13A In accordance with Government Auditing Standards, we have also issued our report dated January 29, 2008 on our consideration of the Sheriff's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. Our audit was conducted for the purpose of forming opinions on the financial statements. The combining financial information is presented for purposes of additional analysis and is not a required part of the basic financial statements. The combining financial information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. This report is intended solely for the information and use of the Sheriff, management, the Board of County Commissioners of Collier County, Florida, and the Auditor General of the State of Florida.. and is not intended to be and should not be used by anyone other than these specified parties. January 29, 2008 0712- 0892423 2 I—. 13A O O� w � q O w C N Dv O V N t� M N [- o � Vl U U U H3 00 7 c� N M Vi �D D, O I—. 13A O O� 00 t� cc 00 Dv O V N t� M N [- 00 M Vl H3 00 7 �O N M Vi �D D, O V1 M O '• O m N �� O � N � � v 7 F � C> ri vi N oc � 5q b9 M M 7 C cyC, N > e' W y9 to s2 C R 7 7 O O as vU o o a�iPwww� y rt 7 M a3 dUdAAA F� .aa H wF- "� y N CA bq 6R N R vMi �O -7 ZO N y 00 p p rl 00 co� E.1) I—. 13A O O� M V1 'O N M Vl H3 M M � O O � N � � v 7 V Q\ C> ri O O, � M 7 I—. 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C 9 d O � mry � _G V 6 N C � � V W N� — r N N N rTn 6 V 3 U j - C � N N N vi v� r O — -` m T V r; T oo V V O o0 .O V q u m m n� ao T ,--` •� V N C 9 d O � mry � _G V 6 N C � � z 6 V 3 U j - C � v O � < 9 �- -` m v. q B A u Collier County, Florida Sheriff Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual — General Fund Year Ended September 30, 2007 Expenditures: General government: Personal services Operating expenditures Public safety: Personal services Operating expenditures Capital outlay Total expenditures Excess of expenditures over revenues Other financing sources (uses): Transfers in: Collier County, Florida Board of County Commissioners appropriations Transfers out: Grant special revenue fund Distribution of excess appropriations to Collier County, Florida Board of County Commissioners Total other financing sources Excess of revenues and other financing sources over expenditures Fund balance — beginning of year Fund balance — end of year See accompanying notes. 0712 - 0892423 13A Variance With Budget Budget Positive Original Final Actual (Negative) $ 3,562,600 $ 3,562,600 $ 3,351,952 $ 210,648 159,600 159,600 134,429 25,171 117,679,700 117,679,700 112,982,366 4,697,334 23,235,800 23,235,800 24,143,924 (908,124) 5,220,300 5 220,300 9,123,812 (3,903,512) 149,858,000 149, 858,000 149,736,483 121,517 (149 858,000) (149,858,000) (149 736,483) 121,517 149,858,000 149,858,000 149,858,000 (49,818) (49,818) — (71,699) (71,699) 149,858,000 149 858,000 149,736,483 (121,517) Collier County, Florida Sheriff Statement of Net Assets — Internal Service Fund September 30, 2007 Assets 13A Cash and cash equivalents $ 6,283,227 Interest receivable 19,890 Other receivable 226,590 Due from other funds 500,000 Total assets $ 7,029,707 Liabilities and net assets Liabilities: Self insurance claims payable $ 1,855,000 Total liabilities 1,855,000 Net assets: Unrestricted 5,174,707 Total liabilities and net assets $ 7,029,707 See accompanying notes. 0712 - 0892423 6 13A Collier County, Florida Sheriff Statement of Revenues, Expenses, and Changes in Fund Net Assets — Internal Service Fund Year Ended September 30, 2007 Operating revenues: Charges for services $ 13,466,990 Operating expenses: Claims and claims expenses 13,801,888 Reinsurance premiums 511,773 Administrative and other expenses 273,243 Total operating expenses 14,586,904 Operating income (loss) (1,119,914) Nonoperating revenues: Interest income 391,929 Change in net assets (727,985) Net assets — beginning of year 5,902,692 Net assets — end of year $ 5,174,707 See accompanying notes. 7 0712- 0892423 Collier County, Florida Sheriff Statement of Cash Flows — Internal Service Fund Year Ended September 30, 2007 Operating activities Cash payments for claims and claims related services Cash payments for reinsurance premiums Cash payments for administrative services and supplies Cash received from other funds for services Cash received from retirees for services Net cash provided by (used in) operating activities Investing activities Interest on investments Net increase (decrease) in cash and cash equivalents Cash and cash equivalents — beginning of year Cash and cash equivalents — end of year Reconciliation of operating loss to net cash provided by (used in) operating activities Operating income (loss) Adjustments to reconcile operating income (loss) to net cash provided by (used in) operating activities: (Increase) decrease in receivables (Increase) decrease in due from other funds Increase (decrease) in accounts payable Increase in self - insurance claims payable Net cash provided by (used in) operating activities See accompanying notes. 0712- 0892423 M, $ (13,917,198) (511,773) (273,243) 12,500,000 466,990 (1,735,224) 382,114 (1,353,110) 7,636,337 $ 6,283,227 $ (1,119,914) (226,590) (500,000) (1,720) 113,000 _L _(L735,224) Collier County, Florida Sheriff Balance Sheet — Agency Funds September 30, 2007 Assets Cash and cash equivalents Due from General Fund Total assets Liabilities Due to other funds Due to Collier County, Florida Board of County Commissioners Due to individuals and businesses Total liabilities See accompanying notes. 13A $ 396,490 133 $ 396,623 $ 16,376 42,757 337,490 $ 396,623 9 0712 - 0892423 13A Collier County, Florida Sheriff Notes to Financial Statements September 30, 2007 1. Summary of Significant Accounting Policies Reporting Entity The Collier County, Florida Sheriff (the Sheriff) is an elected constitutional officer as provided for by the Constitution of the State of Florida. Pursuant to Chapter 129, Florida Statutes, the Sheriffs budget is submitted to the Collier County, Florida Board of County Commissioners (Board) for approval. The Collier County, Florida Sheriff is the chief law enforcement officer of Collier County, Florida (the County) and is responsible for operating the County's corrections facilities. The financial statements include the general fund. special revenue funds, proprietary fund, and agency funds of the Sheriffs office. The accompanying financial statements were prepared for the purpose of complying with Section 218.39, Florida Statutes, and Section 10.557(3), Rules of the Auditor General for Local Governmental Entity Audits. Section 10.556(4), Rules of the Auditor General.for Local Governmental Entity Audits, requires the Sheriff to only present fund financial statements. Accordingly, due to the omission of government -wide financial statements and related disclosures, including a management's discussion and analysis, these financial statements do not constitute a complete presentation of the financial position of the Collier County, Florida Sheriff as of September 30, 2007 and the changes in its financial position and its cash flows, where applicable, for the year then ended, in conformity with Governmental Accounting Standards Board (GASB) Statement No. 34, Basic Financial Statements — and Management's Discussion and Analysis — for State and Local Governments, but otherwise constitute financial statements prepared in conformity with U.S. generally accepted accounting principles. As a result of the budgetary oversight by the Board and the financial dependency on the Board, the financial activities of the Sheriff are included in the Collier County, Florida Comprehensive Annual Financial Report. Transfers are provided by appropriations from the Board pursuant to law. Estimated receipts and budgeted fund balances must equal appropriations. The Sheriff is required to refund to the Board all excess appropriations annually; therefore, no unappropriated general fund balance is carried forward. 0712- 0892423 10 13A Collier County, Florida Sheriff Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies (continued) Measurement Focus, Basis of Accounting, and Basis of Presentation Fund financial statements report detailed information about the Sheriff. The focus of governmental fund financial statements is on major funds rather than reporting funds by type. Each major fund is reported in a separate column. Governmental Funds Governmental funds are accounted for using the flow of current financial resources measurement focus. Only current assets and current liabilities, generally, are included on the balance sheet. Operating statements for these funds present increases (i.e., revenues and other financing sources) and decreases (i.e., expenditures and other financing uses) in net current assets. The modified accrual basis of accounting is used by governmental funds. Under the modified accrual basis of accounting, revenues are recognized when susceptible to accrual (i.e., when they become measurable and available to finance current liabilities of the fiscal year). For this purpose, the Sheriff considers revenues to be available if they are collected within 60 days after year end with the exception of grants, which have a period of availability of one year. Grants are recognized as revenue as soon as all eligibility requirements have been met. Expenditures are recorded when the related fund liability is incurred, except for compensated absences, which are recognized as expenditures to the extent they have matured. Substantially all of the Sheriffs funding is appropriated by the Board. In applying the susceptible to accrual concept to intergovernmental revenue, there are essentially two types of revenue. In one, moneys must be expended on the specific purpose or project before any amounts will be paid to the Sheriff-, therefore, revenue is recognized based upon the expenditures incurred. Grant revenue is recorded in this manner. In the other, moneys are virtually unrestricted and are revocable only for failure to comply with prescribed compliance requirements. These resources are reflected as revenue at the time of receipt, or earlier, if the "susceptible to accrual" criteria are met. Other revenue is recognized as earned and becomes measurable and available to pay liabilities of the current period. 0712- 0892423 11 13A Collier County, Florida Sheriff Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies (continued) Florida Statutes provide that the amount by which revenues and transfers exceed annual expenditures be remitted to the Board immediately following the fiscal year for which the funding was provided or following the fiscal year during which other revenue was recognized. The amount of this distribution is recorded as a liability and as an other financing use in the accompanying financial statements. Capital outlays expended in governmental fund operations are recorded as capital assets in the basic financial statements of Collier County, Florida rather than in the governmental funds of the Sheriff. The Collier County, Florida Sheriff has four major governmental funds: General Fund — The general fund is used to account for the general operations of the Sheriff and includes all transactions which are not accounted for in another fund. Grant Special Revenue Fund — This fund is used to account for the proceeds of federal and state grant revenues that are legally restricted to specified purposes. Prisoner Welfare Fund — This fund is used to account for the proceeds of inmate related services and is legally restricted to specified purposes, which benefit the inmate population. Federal Equitable Sharing Fund - The revenue from these funds are the result of joint investigations with federal agencies that result in the equitable sharing of the net proceeds of the forfeiture. Fund balances reported in these funds are to be used for the specified purpose of the respective fund. 0]12- 0892423 12 13A Collier County, Florida Sheriff Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies (continued) Fiduciary Funds Fiduciary Funds — Agency Funds — These funds are used to account for assets held by the Sheriff as an agent for individuals, private organizations, and other governments. Agency funds are custodial in nature (assets equal liabilities), and do not involve measurement of results of operations or have a measurement focus. Agency funds are accounted for using the modified - accrual basis of accounting. Proprietary Fund Internal Service Fund — This fund is used to account for the health and dental insurance services provided to departments and retirees of the Sheriff on a cost - reimbursement basis. Proprietary funds are accounted for using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Cash Equivalents Cash equivalents are defined as highly liquid investments with original maturities of three months or less. Cash equivalents also include amounts deposited in the Local Government Surplus Trust Fund administered by the State Board of Administration, a 2a -7 like investment pool. Shares of the investment pool are based on the pool's share price, which approximates fair value. Compensated Absences All full -time employees of the Sheriff are allowed to accumulate an unlimited number of hours of unused sick time and up to 400 hours of unused vacation leave. Upon termination, employees receive 100% of allowable accumulated vacation hours and a percentage of unused sick leave, depending on years of service, not to exceed 1,000 hours. Vacation time and sick leave are included in operating costs when the payments are made to the employees. The Sheriff does not, nor is he legally required to, accumulate expendable financial resources for these unmatured obligations. Accordingly, the liability for compensated absences is not reported in the governmental funds, but rather is reported in the basic financial statements of Collier County, Florida. 0712- 0892423 13 13A Collier County, Florida Sheriff Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies (continued) Use of Estimates The preparation of the financial statements requires management of the Sheriff to make a number of estimates and assumptions relating to the reported amounts of assets and liabilities and the disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures during that period. Significant items subject to such estimates and assumptions include the self- insurance claims payable. Actual results could differ from those estimates. Restatement As of September 30, 2006, the Sheriff had recorded funds received for a particular grant as deferred revenue; however, the criteria for revenue recognition pursuant to GASB Statement No. 33, Accounting and Financial Reporting for Nonexchange Transactions, had been met. Accordingly, the Sheriff restated the beginning fund balance of the Grant Special Revenue Fund by $1,281,921 to increase fund balance by the amount previously reported in deferred revenue as of September 30, 2006. 2. Budgetary Process Florida Statutes govern the preparation, adoption, and administration of the Sheriff's annual budget. The Sheriff prepares a budget for the general fund and submits it to the Board of County Commissioners for approval. The budget is prepared on a basis consistent with U.S. generally accepted accounting principles. Any subsequent amendments to the budget must be approved by the Board. The annual budget serves as the legal authorization for expenditures. Expenditures may not legally exceed appropriations at the fund level. Appropriations lapse at year end. Budgetary control is maintained at the departmental major object expenditure level. Budgetary changes within the major object expenditure categories are made at the discretion of the Sheriff. The Sheriff does not budget for the grant special revenue fund as it is funded by federal and state grants and is governed by those documents. Additionally, the prisoner welfare and federal equitable sharing funds do not have legally adopted budgets. The original budget is the first complete appropriated budget. The final budget is the original budget adjusted by all reserves, transfers, allocations, supplemental appropriations, and other legally authorized changes applicable to the fiscal year, whenever legally authorized. 0912- 0892423 14 13A Collier County, Florida Sheriff Notes to Financial Statements (continued) 3. Cash and Cash Equivalents At September 30, 2007, the carrying value of the Sheriff's cash and cash equivalents was as follows: Average Carrying Credit Type Maturity Value Rating Cash on hand Demand deposits Local government surplus funds trust fund Total cash and cash equivalents N/A $ 38,960 N/A N/A 20,844,834 N/A 34 days 704,210 Umated $ 21,588,004 The total book balances at September 30, 2007 were as follows: Book General fund $ 10,983,539 Grant special revenue fund 2,379,920 Prisoner welfare fund 497,437 Federal equitable sharing fund 1,047,391 Internal service fund 6,283,227 Agency funds 396,490 $ 21,588,004 Custodial Credit Risk At September 30, 2007, the Sheriff deposits were entirely covered by federal depository insurance or by collateral pledged with the State Treasurer pursuant to Chapter 280, Florida Statutes. Under this Chapter, in the event of default by a participating financial institution (a qualified public depository), all participating institutions are obligated to reimburse the government entity for the loss. Interest Rate Risk The Sheriff has no specific investment policy regarding interest rate risk. 0712 - 0892423 15 13A Collier County, Florida Sheriff Notes to Financial Statements (continued) 3. Cash and Cash Equivalents (continued) Credit Risk The Sheriff's policy is to follow the guidance in Section 219.075, Florida Statutes, regarding the deposit of funds received and the investment of surplus funds. Sections 219.075 and 218.415, Florida Statutes, authorize the Sheriff to invest in the local government surplus funds trust fund; obligations of the United States Treasury; federal agencies and instrumentalities, or any intergovernmental pool authorized pursuant to the Florida Interlocal Corporation Act; Securities and Exchange Commission registered money market fund with the highest credit quality rating from a nationally recognized rating agency; direct interest - bearing time deposits or savings accounts in banks organized under the laws of the United States and doing business and situated in the State of Florida, savings and loan associations, which are under state supervision, or in federal savings and loan associations located in the State of Florida and organized under federal law and federal supervision, provided that any such deposits are secured by collateral as may be prescribed by law. Additionally, Florida Statutes allow local governments to place public funds with institutions that participate in a collateral pool under the Florida Security for Public Deposits Act. The pool is administered by the state treasurer, who may make additional assessments to ensure that no public funds will be lost. The Local Government Surplus Funds Trust Fund administered by the State Board of Administration is an investment pool not rated by a nationally recognized statistical rating agency. 4. Capital Assets Capital assets used by the Sheriff are capitalized in the basic financial statements of Collier County, Florida rather than in the governmental funds of the Sheriff. Upon acquisition, such assets are recorded as expenditures in the governmental funds of the Sheriff, and are capitalized at cost in the basic financial statements of Collier County, Florida. Capital assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated capital assets are valued at their estimated fair value on the date received. The Sheriff maintains custodial responsibility for the capital assets used by his office. No depreciation has been provided on capital assets in these financial statements. However, depreciation expense on these assets is recorded in the basic financial statements of Collier County, Florida. 0712 - 0892.423 16 Collier County, Florida Sheriff Notes to Financial Statements (continued) 4. Capital Assets (continued) A summary of changes in capital assets, which are reported in the basic financial statements of Collier County, Florida follows: Machinery and equipment Less accumulated depreciation Machinery and equipment, net 5. Long -Term Liabilities Balance Balance October 1 September 30 2006 Additions Retirements 2007 $ 50,832,527 $ 10,594,122 $ 4,328,776 $ 57,097,873 33,019,844 8,276,336 4,095,742 37,200,438 $ 17.812,683 $ 2,317,786 $ 233,034 $ 19,897,435 _ The following is a summary of changes in long -term liabilities, which are reported in the basic financial statements of Collier County, Florida: October 1 September 30 2006 Increases Retirements 2007 Accrued compensated absences $ 8,407,329 $ 3,348,648 $ 1,441,000 $ 10,3]4,977 Of these liabilities, approximately $663,000 is expected to be paid during the fiscal year ending September 30, 2008. These long -term liabilities are not reported in the financial statements of the Sheriff since they have not matured. 0712- 0892423 17 Collier County, Florida Sheriff Notes to Financial Statements (continued) 6. Interfund Balances and Transfers Due from and due to other funds at September 30, 2007 were as follows: General fund Prisoner welfare special revenue fund Agency funds Internal service fund 15A Due From Due to $ 316,411 $ 500,133 477 300,512 133 16,376 500,000 — $ 817,021 $ 817,021 Interfund receivables and payables generally represent recurring activities between funds. The general fund had a transfer to the special revenue fund of $49,818, which represents grant matching amounts. 7. Related -Party Transactions The Board of County Commissioners provided funding for the Sheriff for the year of $149,858,000. At September 30, 2007, the Sheriff had a payable due to the Board of County Commissioners of $197,982 comprised of the following: General fund Distribution of excess appropriations $ 71,699 Distribution of interest collected 73,335 Miscellaneous payables 10,191 Agency funds 42,757 Total $ 197,982 Additionally, the Sheriff had a receivable from the Board of $83,162 at September 30, 2007. 0712- 0892413 18 1 Collier County, Florida Sheriff Notes to Financial Statements (continued) 8. Employee Retirement Plan Substantially all full -time and part-time employees of the Sheriff are eligible to participate in the State of Florida Retirement System (System), a cost - sharing multiple - employer defined benefit plan administered by the State of Florida, Division of Retirement. The System is a defined benefit plan for all state, and participating county, district school board, community college, and university employees (Pension Plan). The System also offers eligible employees participation in an alternative defined contribution plan (Investment Plan). The Sheriff and deputies participate in the Special Risk Class. The plan is administered by the State of Florida. Contribution rates are established statewide for all participating governmental units. Accordingly, the actuarial information and related disclosures attributable to the Sheriff's employees are not determinable. Employees participating in the Pension Plan who retire at or after age 62 with 6 years of credited service for regular risk or with 30 years of service regardless of age, are entitled to a retirement benefit, payable monthly for life, equal to 1.6% for regular employees, 2% for senior management, and 3% for county elected officials of their final average compensation for each year of credited service; and for special risk, after age 55 with 6 years or with 25 years of service regardless of age, are entitled to a retirement benefit payable monthly for life, up to 3% for each year of credited service times their final average compensation. Final average compensation is the employee's average of the five highest years of salary earned during credited service. Vested employees may retire before age 62 for regular risk and 55 for special risk and receive retirement benefits that are reduced 5% for each year prior to normal retirement age. Employees participating in the investment plan are vested after one year of service with no age requirement. The System also provides death and disability benefits. Benefits are established by Chapter 121, Florida Statutes and Chapter 22B, Florida Administrative Code. The Deferred Retirement Option Program (DROP) is a program that provides an alternative method for payment of retirement benefits for a specified and limited period for members of the System, effective July 1, 1998. Under this program, the employee may retire and have their benefits accumulate in the Florida retirement system trust fund, earning interest, while continuing to work for a System employer. The participation in the program does not change conditions of employment. When the DROP period ends, maximum of 60 months, employment must be terminated. At the time of termination of employment, the employee will receive payment of the accumulated DROP benefits, and begin receiving their monthly retirement benefit (in the same amount determined at retirement, plus annual cost -of- living increases). 0712- 0892423 19 13A Collier County, Florida Sheriff Notes to Financial Statements (continued) 8. Employee Retirement Plan (continued) The System publishes an annual report that provides ten -year historical trend information about progress made in accumulating sufficient assets to pay benefits when due. That report may be obtained by writing to the Division of Retirement, Department of Management Services, 1317 Winewood Boulevard, Building 8, Tallahassee, Florida 32399, or by calling (850) 488 -5706, or accessing their Internet site at www.frs.state.fl.us. The Sheriff is required to contribute an actuarially determined rate. The current rate is 20.92% for special risk employees. 16.53% for county elected officials, 9.85% for regular employees, 13.12% for senior management and 10.91 % for DROP employees based on covered payroll. The contribution requirements of the Sheriff are established and may be amended by the State of Florida. The Sheriff's contributions to the plan for the years ended September 30, 2007, 2006, and 2005 were $14,688,803, $12,207,823. and $10,030,415, respectively, equal to the required contributions for each year. Other Post Employment Benefits The Sheriff provides post retirement health care benefits in accordance with Section 110.123, Florida Statutes to all employees who retire from the Sheriff. Retiring employees having six years of creditable service with the Sheriff and who receive a monthly retirement benefit from the Florida Retirement System meet the eligibility requirements. Currently, approximately 72 Sheriff retirees meet the eligibility requirements. The Collier County Sheriff pays approximately 20% of the premium cost for the qualified retiree to participate in the Florida Sheriffs Association Multiple Employers Trust (the Trust). Information is not currently available to reasonably estimate expenditures for post retirement health care benefits as the claim information is estimated without separating the retirees from the active employees. The Sheriff's retirees, in general, currently make up approximately 4% of all participants in the Trust. 0772- 0892421 20 13A Collier County, Florida Sheriff Notes to Financial Statements (continued) 9. Self - Insurance Program The Sheriffs Office participates in the Statewide Florida Sheriff's Self- Insurance Fund (the Fund) for its professional liability insurance. The Fund is managed by representatives of the participating Sheriff offices and provides professional liability insurance to participating agencies. The Fund provides liability insurance coverage subject to the following limitations: $3,100,000 for any claim involving a single individual, $3,200,000 for any incident which involves multiple claims and an aggregate of $3,500,000 ultimate net loss per Sheriff during any policy period. The Sheriff also participates in the Florida Sheriffs' Self - Insurance Fund program for workers' compensation coverage. The Florida Sheriffs' Association Workers' Compensation Insurance Trust is a limited self - insurance fund providing coverage for the first $350,000 of every claim. Reinsurance is provided through a third party for all claims exceeding $350,000 up to $10,000,000. Settled claims have not exceeded the insurance provided by third -party carriers in any of the past three years. Premiums charged to participating Sheriffs are based upon amounts believed by the Fund management to meet the estimated annual payout during the fiscal year and to pay for the estimated operating costs of the program. All liabilities associated with these self - insured risks are reported in the basic financial statements of the Statewide Florida Sheriffs Self - Insurance Fund. The Sheriff has also established a self - funded employee health plan for active employees and retirees. An internal service fund is used to account for the activities of the plan. Excess coverage has been purchased which provides specific claim excess coverage for any one incident exceeding $150,000 up to $1,000,000. Payments to the internal service fund are based on actuarial estimates of amounts needed to pay prior year and current year claims including claims incurred but not yet reported. Changes in the balance of estimated insurance claims payable for the fiscal year ended September 30, 2007 is as follows: New Claims Balance and Changes Claim Balance October 1 in Estimates Payments September 30 Fiscal year ending: 2007 1,742,000 14,030,198 (13,917,198) 1,855,000 0712 - 0892423 21 13 A,,, Collier County, Florida Sheriff Notes to Financial Statements (continued) 10. Claims and Contingencies Litigation The Sheriff is involved in various claims and legal actions arising in the ordinary course of operations. In the opinion of management, the ultimate disposition of these matters will not have a material adverse effect on the Sheriff. Federal and State Grants Grant funds received by the Sheriff are subject to audit by grantor agencies. Audits of these grants may result in disallowed costs, which may constitute a liability of the Sheriff. In the opinion of management, disallowed costs, if any, would be immaterial to the financial position of the Sheriff. 11. Subsequent Event As discussed in Note 3, at September 30, 2007, the Sheriff had $704,210 invested in the State Board of Administration's Local Government Surplus Funds Trust Fund Investment Pool (Pool). On November 29, 2007, the State Board of Administration implemented a temporary freeze on the assets held in the Pool due to an unprecedented amount of withdrawals from the Fund coupled with the absence of market liquidity for certain securities within the Pool. The significant amount of withdrawals followed reports that the Pool held asset - backed commercial paper that was subject to sub prime mortgage risk. On December 4, 2007, based on recommendations from an outside financial advisor, the State Board of Administration restructured the Pool into two separate pools. Pool A consisted of all money market appropriate assets, which was approximately $12 billion or 86% of Pool assets. Pool B consisted of assets that either defaulted on a payment, paid more slowly than expected, and /or had any significant credit and liquidity risk, which was approximately $2 billion or 14% of Pool assets. At the time of the restructuring, all current pool participants had their existing balances proportionately allocated into Pool A and Pool B. 0712 - 0892423 22 13 Collier County, Florida Sheriff Notes to Financial Statements (continued) 11. Subsequent Event (continued) Currently, Pool A participants may withdraw 15% of their balance or $2 million, whichever is greater, without penalty. Withdrawals from Pool A in excess of the above limit are subject to a 2% redemption fee. New investments in Pool A are not subject to the redemption fee or withdrawal restrictions. Future withdrawal provisions from Pool A will be subject to further evaluation based on the maturities of existing investments and the liquidity requirements of the Pool. On December 21, 2007, Standard and Poor's Ratings Services assigned its "AAAM" principal stability fund rating to Pool A. Currently, Pool B participants are prohibited from withdrawing any amount from the Pool and a formal withdrawal policy has not yet been developed. Market valuations of the assets held in Pool B are not readily available. In addition, full realization of the principle value of Pool B assets is not readily determinable. As of January 29, 2008, the Sheriff has $610,853 and $101,780 invested in Pool A and B, respectively. Additional information regarding the Local Government Surplus Funds Trust Fund may be obtained from the State Board of Administration. 0712 - 0892423 23 Combining Financial Information 0712- 0892423 13A 13A klq N O M M O O M P O, M 16 N r--� �6 - M Q w 6y 69 V M h l M C) OW +r � ^ O oo O O E L M M ^ M ti 69 69 69 b9 O� O� O I Ol O, V1 V1 O V1 N cq h w 69 69 H 6q T U O O I p 0 ,b u y O � O O i-. � C h 00 00 00 00 w o M 69 69 69 69 00 O ca N N vi U on 6s .o c 0 U o y G ` c c al ct p Zs O 7 N BERNST & YOUNG ■ Ernst & Young LLP Suite 700 100 Northeast Third Avenue Fort Lauderdale.. Florida 33301 -1166 13A ■ Phone: (954) 888 -8000 w oy com Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards Honorable Don Hunter, Sheriff Collier County, Florida We have audited the financial statements of each major fund and the aggregate remaining fund information of the Collier County, Florida Sheriff (the Sheriff) as of and for the year ended September 30, 2007, and have issued our report thereon dated January 29, 2008. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Sheriffs internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Sheriffs internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Sheriff s internal control over financial reporting. Our consideration of internal control over financial reporting was for the limited purpose described in the preceding paragraph and would not necessarily identify all deficiencies in internal control over financial reporting that might be significant deficiencies or material weaknesses. However, as discussed below, we identified certain deficiencies in internal control over financial reporting that we consider to be significant deficiencies. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal control. We consider the following deficiency to be a significant deficiency in internal control over financial reporting: 0711- 0892423 25 13A J ERNST &YOUNG • Er„ t & YounR EEr 2007 -1 Accountingfor Grant Revenue Criteria GASB Statement No. 33, Accounting and Financial Reporting for Nonexchange Transactions, sets forth the accounting criteria for revenue recognition of most grants. Condition The Sheriff had consistently recorded grant funds received as deferred revenue for a particular grant in which the criteria for revenue recognition pursuant to GASB 33 had been met. Context The Sheriff recorded an audit adjustment to record revenue for $2.1 million in its grant special revenue fund. Approximately $1.3 million related to prior periods. Effect Revenue was understated before the audit adjustment was recorded. Cause The Sheriff has consistently recorded all grant receipts as deferred revenue and recorded the related revenue when the funds were ultimately expended; however, the criteria for revenue recognition had been achieved at the time the grant award was received. Recommendation We recommend that the Sheriff review grant award documents to determine when the eligibility criteria in GASB 33 have been achieved. Management Response and Corrective Action Plan The grant in question has been awarded to the Sheriffs Office for the last 1 I years. For ten of those years, the unexpended grant receipts were recorded as deferred revenue. The prior external audit firm did not have an issue with this conservative accounting treatment. Future receipts will be booked as current revenue. 0711 - 0892423 26 l3A IN ERNST & YOUNG ■ Ernst & Young LIP A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. Our consideration of the internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in the internal control that might be significant deficiencies and, accordingly, would not necessarily disclose all significant deficiencies that are also considered to be material weaknesses. However, we believe that the significant deficiency described above is not a material weakness. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Sheriffs financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. We noted certain matters that we reported to management of the Sheriff in a separate letter dated January 29, 2008. This report is intended solely for the information and use of the Sheriff, management, others within the entity, the Board of County Commissioners of Collier County, Florida and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. g�.ln -f 417 UP January 29, 2008 0712- 0892423 27 13A -� Ernst &Young LLP ■ Phone (954) 88 8 8000 Suite 700 Ww er corm ERNST & YOUNG 100 Northeast Third Avenue Fotl Lauderdale. Florida 33301 -1166 Report on Agreed -Upon Procedures Applied to Investigative Funds Honorable Don Hunter, Sheriff Collier County, Florida We have performed the procedures enumerated below, which were agreed to by management of the Collier County, Florida, Sheriff (the Sheriff), solely to assist you in evaluating the procedures and policies as defined by the Sheriff over the investigative funds for the year ended September 30, 2007. The Sheriff's management is responsible for the Sheriff's compliance with those procedures and policies. This agreed -upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of the party specified in this report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. The procedures we performed and our findings are summarized as follows: We randomly selected 25 investigative fund disbursements during the fiscal year ended September 30, 2007 and performed the following procedures with respect to the Sheriff's policies and procedures over investigative funds. No exceptions were noted. • We obtained the "Disbursement for Investigation" form noting that the form was properly completed and authorized by appropriate personnel. • We obtained the "Purchase of Evidence /Information Voucher" noting that the form was properly completed to reflect the expenses incurred within the investigation procedures, that the investigative expenditures were properly supported, and that the use of funds was for authorized purposes. • We noted that the un -used funds returned, if applicable, were properly deposited per review of the corresponding deposit and bank statement detail and noted that the amount deposited agreed to the amount returned per the "Receipt for Funds Received" form detail. We were not engaged to and did not conduct an examination, the objective of which would be the expression of an opinion on compliance. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. 0912- 0892423 28 13A J ERNST & YOUNG ■ Ernsl & lbung LLP This report is intended solely for the information and use of the management of the Sheriff, and is not intended to be and should not be used by anyone other than this specified party. f� * "I UP January 29, 2008 0112 - 0812421 29 MERNST & YOUNG ■ Ernst & Young LLP ■ Phone. (954) 989 9000 Suite 700 wmv ey com Fort Laudeest Third Avenue 1 3 A Fart Lauderdale, Florida 33301 -1766 Management Letter Honorable Don Hunter, Sheriff Collier County, Florida We have audited the financial statements of each major fund and the aggregate remaining fund information of the Collier County, Florida Sheriff (the Sheriff) as of and for the year ended September 30, 2007, and have issued our report thereon dated January 29, 2008. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental audits performed in the State of Florida and require that certain items be addressed in this letter. We have also issued our report dated January 29, 2008 on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards. Disclosures in that report should be considered in conjunction with this management letter. We have the following suggestions for improvement in accounting procedures and controls. Prior Year Findings and Recommendations There were no findings or recommendations made in the preceding annual financial audit. Current Year Findings and Recommendations 2007 -1 Accounting for Miscellaneous Charges for Services Observation Other than operating transfers from the Board of County Commissions (BOCC) and grant funds, the Sheriff also receives various types of cash receipts such as for direct reimbursement of certain expenses, charges for services to third parties such as for providing off duty traffic control and security details at contracted hourly amounts, as well as fees charged for housing of federal prisoners at specified rates per prisoner housed. We noted that the Sheriff records these types of receipts in the general ledger as either a reduction to the related expense in the income statement (i.e., special details) or as a due to the BOCC with no effect in the income statement as the related revenue is recorded at the BOCC level since the Sheriff is not a fee officer (i.e., housing of federal prisoners). 0711 - 0992413 30 13 q J ERNST & YOUNG f Ernsl & Yuung LLP Recommendation We recommend that the Sheriff review the various types of miscellaneous receipts to determine if they are a direct reimbursement of expense and properly recorded as such per accounting principles generally accepted in the United States (GAAP). Alternatively, if the underlying transaction is a charge for a service, it should be reflected on a gross basis in the Sheriffs financial statements pursuant to GAAP (i.e., both the revenue and expense reflected in the income statement). For example, revenues received for charges for special details should be reflected as revenue as opposed to netting the related expense in accordance with GAAP. The Sheriff should investigate whether similar fees such as those received for housing of federal prisoners should be reflected on a gross basis in the Sheriffs financial statements pursuant to GAAP. This should not impact the fees remitted to the BOCC as the revenue would coincide with a corresponding transfer out to the BOCC for the funds remitted to it pursuant to Florida Statutes Section 30.51. Management 's Response Management will review the various types of receipts to determine proper recording. The example given of housing of federal prisoners is recorded as revenue in the general fund of the county's financial statements and is a budgeted line item. We believe the current treatment is correct in order not to duplicate the amount. Consideration will be given to reclassifying special detail receipts as revenue instead of offsetting expenses incurred. 2007 -2 Expected Insurance Reimbursements Observation The Sheriff has a self- funded employee health plan that is accounted for in the Internal Service Fund. Excess coverage has been purchased, which provides specific claim excess coverage for any one incident exceeding $150,000. The Sheriff had not recorded a receivable for the amount of expected reimbursement due from the excess insurance carrier for claims that had exceeded the $150,000 deductible as of September 30. 2007. An audit adjustment was recorded for approximately $227.000 for the estimated amount expected to be collected. Recommendation As the Internal Service Fund follows the accrual basis of accounting, we recommend that on a going forward basis, the Sheriff review the claim information as of fiscal year end and estimate the amount that is expected to be collected from the excess carrier for claims that have exceeded the deductible. 0712 - 09914'3 31 JERNST & YOUNG ■ Ernst & YounR LLP 1 3 A Management's Response The self insurance fund operates on a calendar year basis and excess insurance reimbursements are typically not received until three months after the end of the calendar year. Management often is not aware of large claims due to the constraints of HIPAA. In the future, we will request the third parry administrator provide us with the amount of the expected excess claim reimbursements as of the end of the fiscal year. If significant, we will book these as a receivable. We believe the September 30, 2007 amount was unusually high. Other Required Communications No matters of noncompliance with Section 218.415, Florida Statutes, regarding the investment of public funds were identified within the scope of our audit. The results of our audit disclosed no violations of laws, rules, regulations or contractual provisions or abuse, no improper or illegal expenditures, and no control deficiencies that are not significant deficiencies other than the internal control recommendations included above. The Sheriff was established by the Constitution of the State of Florida, Article VIII, Section 1(d). This management letter is intended solely for the information and use of the Sheriff, management, the Board of County Commissioners of Collier County, Florida, and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. fi-, w f t"17 41-P January 29, 2008 0712- 0892423 32 13A FINANCIAL STATEMENTS Collier County, Florida Supervisor of Elections Year Ended September 30, 2007 With Report of Independent Certified Public Accountants 0802- 0909582 13A Collier County, Florida Supervisor of Elections Financial Statements Year Ended September 30, 2007 Contents Report of Independent Certified Public Accountants ........................................ ..............................1 Financial Statements Balance Sheets — Governmental Funds ............................................................. ..............................3 Statements of Revenues, Expenditures, and Changes in Fund Balance — GovernmentalFunds ....................................................................................... ..............................4 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budgetand Actual — General Fund .................................................................. ..............................5 Notesto Financial Statements ............................................................................ ..............................6 Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards ....................................... .............................15 ManagementLetter ........................................................................................... .............................17 0802 - 0909582 0 EHti S S YaI V -4 .. ,,_ • 13A Report of Independent Certified Public Accountants Honorable Jennifer J. Edwards, Supervisor of Elections Collier County, Florida We have audited the accompanying financial statements of each major fund of the Collier County, Florida Supervisor of Elections (the "Supervisor of Elections "), as of and for the year ended September 30, 2007, as listed in the table of contents. These financial statements are the responsibility of the Supervisor of Elections' management. Our responsibility is to express opinions on these financial statements based on our audit. The prior year summarized comparative information has been derived from the Supervisor of Elections' financial statements for the year ended September 30, 2006, which were audited by other auditors whose report dated November 7, 2006, expressed unqualified opinions on the respective financial statements of each major fund. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. We were not engaged to perform an audit of the Supervisor of Elections' internal control over financial reporting. Our audit included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Supervisor of Elections' internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. As discussed in Note 1, the accompanying financial statements were prepared for the purpose of complying with, and on the basis of accounting practices specified by, the Rules of the Auditor General of the State of Florida and are not intended to be a complete presentation of the financial position of the Supervisor of Elections, as of September 30, 2007, and the changes in its financial position for the year then ended, in conformity with accounting principles generally accepted in the United States. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of each major fund of the Supervisor of Elections as of September 30, 2007, and the respective changes in financial position thereof and the budgetary comparison for the general fund for the year then ended in conformity with accounting principles generally accepted in the United States. 0801- 0909552 J ERNST& YOUNG ■ Ern.t h roung ur 13A In accordance with Government Auditing Standards, we have also issued our report dated January 30, 2008 on our consideration of the Supervisor of Elections' internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. This report is intended solely for the information and use of the Supervisor of Elections, management, the Board of County Commissioners of Collier County, Florida, and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. 16M -f t"17 UP January 30, 2008 0802 - 090988' 13A Collier County, Florida Supervisor of Elections Balance Sheets - Governmental Funds September 30, 2007 (With Comparative Totals for 2006) Liabilities and fund balance Grant General Special Total Fund Revenue 2007 2006 Assets 61,746 $ 94,684 Accrued liabilities Cash and cash equivalents $ 313,967 $ 192,733 $ 506,700 $ 543,265 Due from other funds - 8,644 8,644 - Due from Collier County, Florida Board of County Commissioners 219,030 - Board of County Commissioners - - - 39 Total assets $ 313,967 $ 201,377 $ 515,344 $ 543,304 Liabilities and fund balance Liabilities: Accounts payable $ 61,746 $ - $ 61,746 $ 94,684 Accrued liabilities 24,547 - 24,547 22,396 Due to Collier County, Florida Board of County Commissioners 219,030 - 219,030 265,323 Due to other funds 8,644 - 8,644 Deferred revenue - 171,016 171,016 146,165 Total liabilities 313,967 171,016 484,983 528,568 Fund balance 30,361 30,361 14,736 Total liabilities and fund balance $ 313,967 $ 201,377 $ 515,344 $ 543,304 See accompanying notes. 3 0902- 0909592 Collier County, Florida Supervisor of Elections Statements of Revenues, Expenditures, and Changes in Fund Balance — Governmental Funds For the Year Ended September 30, 2007 (With Comparative Totals.for 2006) Revenues: Intergovernmental Interest Total revenues Expenditures: General government: Personal services Operating expenditures Capital outlay Total expenditures Excess (deficiency) of revenues over expenditures Other financing sources (uses): Transfers in: General fund Collier County, Florida Board of County Commissioners appropriations Operating transfers out: Special revenue fund Distribution of excess appropriations: Collier County, Florida Board of County Commissioners Total other financing sources Excess of revenues and other financing sources over expenditures Fund balance, October I, 2006 Fund balance, September 30, 2007 See accomparrying notes 13A Grant General Special Total Fund Revenue 2007 2006 $ — S 24,271 $ 24,271 $ 977 8,644 8,644 — 32,915 32,915 977 1,449,525 - 1,449,525 1,258,064 1,172,472 24,658 1,197,130 1,042,176 27,037 — 27,037 51,821 2,649,034 24,658 2,673,692 2,352,061 (2,649,034) 8,257 (2,640,777) (2,351,084) 7,368 7,368 14,736 2,842,800 — 2,842,800 2,562,500 (7,368) — (7,368) (14,736) (186,398) (186,398) (196,680) 2,649,034 7,368 2,656,402 2,365,820 15,625 15,625 14,736 14,736 14,736 — $ — $ 30,361 $ 30,361 $ 14,736 0802- 0909983 4 Collier County, Florida Supervisor of Elections Statement of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual - General Fund Year Ended September 30, 2007 Revenues: Expenditures: General government: Personal services Operating Capital outlay Total expenditures Excess of expenditures over revenues Other financing sources (uses): Operating transfers in - Collier County, Florida Board of County Commissioners appropriations Operating transfers out - Specialrevenuefund Distribution of excess appropriations - Collier County, Florida Board of County Commissioners Total other financing sources Excess of revenues and other financing sources over expenditures Fund balance - October I, 2006 Fund balance - September 30, 2007 See accompanying notes. 13A Variance With Final Budget Budget Positive Original Final Actual (Negative) 1,595,100 1,595,100 1,449,525 145,575 1,195,700 1,188,332 1,172,472 15,860 52,000 52,000 27,037 24,963 2,842,800 2,835.432 2,649,034 186,398 (2,842,800) (2,835,432) (2,649,034) 186,398 2,842,800 2,842,800 2,842,800 — (7,368) (7,368) — — — (186,398) (186,398) 2,842,800 2,835,432 2,649,034 (186,398) 5 0010-0 09182 13A Collier County, Florida Supervisor of Elections Notes to Financial Statements September 30, 2007 1. Summary of Significant Accounting Policies and Practices Reporting Entity The Collier County, Florida Supervisor of Elections (Supervisor of Elections) is an elected constitutional officer as provided for by the Constitution of the State of Florida. Pursuant to Chapter 129, Florida Statutes, the Supervisor of Elections' budget is submitted to the Collier County, Florida Board of County Commissioners (Board) for approval. The financial statements presented include the general fund and grant special revenue fund of the Supervisor of Elections' office. The accompanying financial statements were prepared for the purpose of complying with Section 218.39, Florida Statutes, and Section 10.557(3), Rules of the Auditor General,for Local Governmental Entity Audits. Section 10.556(4), Rules of Auditor General for Local Governmental Entity Audits, requires the Collier County, Florida Supervisor of Elections financial statements to only present fund financial statements. Accordingly, due to the omission of government -wide financial statements and related disclosures including a management's discussion and analysis, these financial statements do not constitute a complete presentation of the financial position of the Collier County, Florida Supervisor of Elections as of September 30, 2007 and the changes in its financial position for the year then ended, in conformity with Governmental Accounting Standards Board (GASB) Statement No. 34, Basic Financial Statements and Management's Discussion and Analysis — for State and Local Governments, but otherwise constitute financial statements prepared in conformity with accounting principles generally accepted in the United States of America. As a result of the budgetary oversight by the Board and financial dependency on the Board, the financial activities of the Supervisor of Elections are included in the Collier County, Florida Comprehensive Annual Financial Report. Transfers are provided by appropriations from the Board pursuant to law. Estimated receipts and budgeted fund balances must equal appropriations. The Supervisor of Elections is required to refund to the Board all excess appropriations annually; therefore, no unappropriated general fund balance is carried forward. 0802 - 0909582 6 13A Collier County, Florida Supervisor of Elections Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies and Practices (continued) Measurement Focus, Basis of Accounting, and Basis of Presentation Fund financial statements report detailed information about the Supervisor of Elections. The focus of governmental fund financial statements is on a major fund rather than reporting by type. Each major fund is reported in a separate column. Governmental Funds Governmental funds are accounted for using the flow of current financial resources measurement focus. Only current assets and current liabilities, generally, are included on the balance sheet. Operating statements for this fund present increases (i.e., revenues and other financing sources) and decreases (i.e., expenditures and other financing uses) in net current assets. The Supervisor of Elections has the following major governmental funds: General Fund — The general fund is used to account for the general operations of the Supervisor of Elections, and includes all revenues and expenditures which are not accounted for in another fund. Grant Special Revenue Fund - The grants fund is used to account for the activities of voter education and poll worker training grants from the State of Florida. The modified accrual basis of accounting is used by governmental funds. Under the modified accrual basis of accounting, revenues are recognized when susceptible to accrual (i.e., when they become measurable and available to finance liabilities of the current fiscal year). For this purpose, the Supervisor of Elections considers revenues to be available if they are collected within 60 days after year end. Expenditures are recorded when the related fund liability is incurred, except for compensated absences, which are recognized as expenditures to the extent they have matured. The appropriations from the Board are the primary source of funds considered to be susceptible to accrual. Intergovernmental revenues are recognized when eligibility requirements are met and related amounts are available from the grantor. 0802- 9909582 7 13A } Collier County, Florida Supervisor of Elections Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies Practices (continued) Interest income and other revenues are recognized as they are earned and become measurable and available to pay liabilities of the current period. Florida Statutes provide that the amount by which revenues and transfers exceed annual expenditures be remitted to the Board immediately following the fiscal year for which the funding was provided or following the fiscal year during which other revenues were recognized. The amount of this distribution is recorded as a liability and as an other financing use in the accompanying financial statements. Capital outlays expended in general fund operations are capitalized in the basic financial statements of Collier County, Florida rather than in the governmental funds of the Supervisor of Elections. Cash Equivalents Cash equivalents are defined as highly liquid investments with original maturities of three months or less. Cash equivalents in the Local Government Surplus Trust Fund are administered by the State Board of Administration, a 2a -7 like investment pool. Shares of the investment pool are based on the pool's share price, which approximates fair value. Compensated Absences All full -time employees of the Supervisor of Elections are allowed to accumulate an unlimited number of hours of unused sick time and up to 440 hours of unused vacation leave. Effective October 1. 2008, the vacation leave limit was increased to 480 hours. Upon termination, employees receive 100% of allowable accumulated vacation hours and a percentage of unused sick leave, depending on years of service. Vacation time and sick leave are included in operating costs when the payments are made to employees. The Supervisor of elections does not, nor is she legally required to accumulate financial resources for these umnatured obligations. Accordingly, the liability for compensated absences is not reported in the general fund, but rather is reported in the basic financial statements of Collier County, Florida. 0802- 0909582 8 13A Collier County, Florida Supervisor of Elections Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies and Practices (continued) Use of Estimates The preparation of the financial statements requires management of the Supervisor of Elections to make a number of estimates and assumptions relating to the reporting of assets and liabilities and the disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures during the period. Actual results could differ from those estimates. Comparative Data The financial statements include certain prior -year summarized comparative information in total but not at the level of detail required for a presentation in conformity with generally accepted accounting principles. Accordingly, such information should be read in conjunction with the Supervisor of Elections' financial statements for the year ended September 30, 2006, from which the summarized information was derived. 2. Budgetary Process Florida Statutes govern the preparation, adoption and administration of the Supervisor of Elections' annual budget. The Supervisor of Elections submits a budget for the general fund to the Board of County Commissioners for approval. The budget is prepared on a basis consistent with accounting principles generally accepted in the United States of America. The annual budget serves as the legal authorization for expenditures. Any subsequent amendments to the Supervisor's total budget must be approved by the Board. Expenditures may not legally exceed appropriations at the fund level. Appropriations lapse at year end. Budgetary control is maintained at the departmental major object expenditure level. Budgetary changes within major object expenditure categories are made at the discretion of the Supervisor of Elections. The Supervisor does not budget for the grant special revenue fund as it is funded by State grants governed by those documents. The original budget is the first complete appropriated budget. The final budget is the original budget adjusted by all reserves, transfers, allocations, supplemental appropriations and other legally authorized changes applicable to the fiscal year, whenever legally authorized. 080?- 0909582 9 13A : A11 Collier County, Florida Supervisor of Elections Notes to Financial Statements (continued) 3. Cash and Cash Equivalents At September 30, 2007 the carrying value of the Supervisor of Elections' cash and cash equivalents was as follows: Average Carrying Credit Type Maturity Value Rating Cash on hand N/A $ 200 N/A Demand deposits N/A 499,029 N/A Local Government Surplus Funds Trust Fund 34 days 7,471 Unrated Total cash and cash equivalents $ 506,700 Custodial Credit Risk At September 30, 2007, the Supervisor of Elections' deposits were entirely covered by federal depository insurance or by collateral pledged with the State Treasurer pursuant to Chapter 280, Florida Statutes. Under this chapter, in the event of default by a participating financial institution (a qualified public depository), all participating institutions are obligated to reimburse the governmental entity for the loss. Credit Risk The Supervisor of Elections' policy is to follow the guidance in Section 219.075, Florida Statutes, regarding the deposit of funds received and the investment of surplus funds. Sections 219.075 and 218.415, Florida Statutes, authorize the Supervisor of Elections to invest in the Local Government Surplus Funds Trust Fund or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act; Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; direct obligations of the United States Treasury, federal agencies and instrumentalities or interest - bearing time deposits or savings accounts in banks organized under the laws of the United States and doing business and situated in the State of Florida, savings and loan associations which are under state supervision, or in federal savings and loan associations located in the State of Florida and organized under federal law and federal supervision, provided that any such deposits are secured by collateral as may be prescribed by law. 0802- 0909582 10 13A Collier County, Florida Supervisor of Elections Notes to Financial Statements (continued) 3. Cash and Cash Equivalents (continued) At September 30, 2007, the Supervisor of Elections had investments with the Local Government Surplus Funds Trust Fund administered by the State Board of Administration, an investment pool not rated by a nationally recognized statistical rating organization. These investments were withdrawn subsequent to September 30, 2007. Interest Rate Risk The Supervisor of Elections has no specific investment policy regarding interest rate risk. 4. Capital Assets Capital assets used by the Supervisor of Elections are reported in the basic financial statements of Collier County, Florida rather than in the governmental funds of the Supervisor of Elections. Upon acquisition, such assets are recorded as expenditures in the general fund of the Supervisor of Elections, and are capitalized at cost in the basic financial statements of the Board. Capital assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated capital assets are valued at their estimated fair value on the date received. The Supervisor of Elections maintains custodial responsibility for the capital assets used by the office. No depreciation expense has been provided on capital assets in these financial statements. However, depreciation expense is recorded in the basic financial statements of the Board. 5. Long -Term Liabilities The following is summary of changes in long -term liabilities which are reported in the basic financial statements of Collier County, Florida: Octoberl September 30 2006 Increase Retirement 2007 Accrued compensated absences $84,942 $85,305 $61,643 $108,604 Of these liabilities, approximately $61,700 is expected to be paid during the fiscal year ending September 30, 2008. These long -term liabilities are not reported in the financial statements of the Supervisor of Elections since they have not matured. 0902- 0909582 11 13A "'I Collier County, Florida Supervisor of Elections Notes to Financial Statements (continued) 6. Employee Retirement Plans Substantially all full -time employees of the Supervisor of Elections tilling regularly established positions are eligible to participate in the State of Florida Retirement System (System), a cost - sharing multiple- employer defined benefit plan administered by the State of Florida, Division of Retirement. The System is a defined benefit plan for all state, and participating county, district school board, community college and university employees (Pension Plan). The System also offers eligible employees participation in an alternative defined contribution plan (Investment Plan). The Supervisor of Elections participates in the Elected State Officers' Class. The plan is administered by the State of Florida. Contribution rates are established statewide for all participating governmental units. Accordingly, the actuarial information and related disclosures attributable to the Supervisor of Elections' employees are not determinable. Employees participating in the Pension Plan who retire at or after age 62 with 6 years of credited service, or with 30 years of service regardless of age, are entitled to a retirement benefit, payable monthly for life, equal to 1.6% for regular employees, 2% for senior management and 3% for county elected officials for each year of credited service times the final average compensation. Final average compensation is the employee's average of the five highest fiscal years of salary earned during credited service. Vested employees may retire before age 62 and receive benefits that are reduced 5% for each year prior to normal retirement age. Employees participating in the Investment Plan are vested after one year of service with no age requirement. The System also provides death and disability benefits. Benefits are established by Chapter 121, Florida Statutes, and Chapter 2213, Florida Administrative Code. The Deferred Retirement Option Program (DROP) is a program that provides an alternative method for payment of retirement benefits for a specified and limited period for members of the System, effective July 1, 1998. Under this program, the employee may retire and have their benefits accumulate in the Florida Retirement System Trust Fund, earning interest, while continuing to work for a system employer. The participation in the program does not change conditions of employment. When the DROP period ends, maximum of 60 months, employment must be terminated. At the time of termination of employment, the employee will receive payment of the accumulated DROP benefits, and begin receiving their monthly retirement benefit (in the same amount determined at retirement, plus annual cost -of- living increases). 08o2- 0909582 12 13A Collier County, Florida Supervisor of Elections Notes to Financial Statements (continued) 6. Employee Retirement Plans (continued) The System publishes an annual report that provides ten -year historical trend information about progress made in accumulating sufficient assets to pay benefits when due. This report may be obtained by writing to the Division of Retirement Research Education and Policy Section 1317 Winewood Boulevard, Building 8, Tallahassee, Florida 32399, or by calling (850) 488 -5706, or accessing their Internet site at www. frs.stite.fl.us. The Supervisor of Elections is required to contribute an actuarially determined rate. The current rate is 16.53% for county elected officials, 13.12% for senior management, 9.85% for regular employees and 10.91% for DROP employees. The contribution requirements of the Supervisor of Elections are established and may be amended by the State of Florida. 'The Supervisor of Elections' contributions to the plan for the years ended September 30, 2007, 2006 and 2005 were $117,905, $88,644, and $68,027, respectively, equal to the required contributions for each year. 7. Related -Party Transactions For the year ended September 30, 2007, the Board provided funding for the Supervisor of Elections that amounted to $2,842,800. At September 30, 2007, the Supervisor of Elections had a payable due to the Board of $219,030 comprised as follows: Distribution of excess appropriations $ 186,397 Distribution of interest earnings 27,068 Amounts due for various services 5,565 Total due to Board of County Commissioners $ 219,030 8. Risk Management Collier County, Florida (the County) is exposed to various risks of loss including, but not limited to, general liability, health and life, property and casualty, auto and physical damage and workers' compensation. The County is substantially self - insured and accounts for and finances its risk of uninsured losses through an internal service fund. All liabilities associated with these self - insured risks are reported in the basic financial statements of the County. During the year ended September 30, 2007, the Supervisor was charged $157,988 by the County for participation in the risk management program. 0802 - 0909582 13 13A Collier County, Florida Supervisor of Elections Notes to Financial Statements (continued) 8. Risk Management (continued) The County provides coverage for up to $350,000 per claim for workers' compensation, and has purchased outside excess coverage for up to $25 million for employee liability claims and statutory benefits for each injury or illness. The County also provides coverage for up to $200,000 per claim for auto and other liability claims, and has purchased outside excess coverage for up to $1 million per claim. Negligence claims in excess of the statutory limits set in Section 768.20, Florida Slamtes, which provide for limited sovereign immunity of $100,000/$200,000 per occurrence can only be recovered through an act of the State Legislature. There have been no significant reductions in insurance coverage in the last year. Settled claims have not exceeded the insurance provided by third party carriers in any of the last three years. The County is also self - insured for health claims covering all of its employees and their eligible dependents. The County retains the first $175,000 in losses per calendar year per covered member and purchases excess coverage with a maximum lifetime limit of $2,000,000. As required by Section 112.081, Florida Siamles,retirees and their eligible dependents are provided the same health care coverage as is offered to active employees at the same premium cost (borne by the retiree) applicable to active employees. An actuarial valuation is performed each year to estimate the amounts needed to pay prior and future claims and to establish reserves. 9. Contingencies Grant funds received by the Supervisor of Elections are subject to audit by grantor agencies. Audits of these grants may result in disallowed costs, which may constitute a liability of the office of the Supervisor of Elections. In the opinion of management, disallowed costs, if any, would be immaterial to the financial position of the Supervisor of Elections. 0802-0909s 9' 14 JERNST &YO 'Nt� a 1 _,, 13A Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards Honorable Jennifer J. Edwards, Supervisor of Elections Collier County, Florida We have audited the financial statements of each major fund of the Collier County, Florida Supervisor of Elections (the "Supervisor of Elections ") as of and for the year ended September 30, 2007, and have issued our report thereon dated January 30, 2008. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Supervisor of Elections' internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Supervisor of Elections' internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Supervisor of Elections' internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. 0802- 0909582 15 , J ERNST &YOUNG • Ernst R Young LLP 13A Compliance and Other Matters As part of obtaining reasonable assurance about whether the Supervisor of Elections' financial statements are tree of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. 'The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 'Phis report is intended solely for the information and use of the Supervisor of Elections, management, others within the entity, the Board of County Commissioners of Collier County, Florida and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. Ii�vrw� t � LLP January 30, 2008 0802- 090058' 16 J ERNSr &YauNG a 13A Management Letter Honorable Jennifer J. Edwards, Supervisor of Elections Collier County, Florida We have audited the financial statements of each major fund of the Collier County, Florida Supervisor of Elections (the "Supervisor of Elections ") as of and for the year ended September 30, 2007, and have issued our report thereon dated January 30, 2008. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental audits performed in the State of Florida and require that certain items be addressed in this letter. We have also issued our report dated January 30, 2008 on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards. Disclosures in that report should be considered in conjunction with this management letter. We have the following suggestions for improvement in accounting procedures and controls. Prior Year Findings and Recommendations There were no findings or recommendations made in the preceding annual financial audit. Current Year Findings and Recommendations There are no findings or recommendations to be reported as a result of our audit. Other Required Communications No matters of noncompliance with Section 218.415, Florida Statutes, regarding the investment of public funds were identified within the scope of our audit. The results of our audit disclosed no violations of laws, rules, regulations or contractual provisions or abuse, no improper or illegal expenditures, and no control deficiencies. The Supervisor of Elections was established by the Constitution of the State of Florida, Article VIII, Section 1(d). 0801- 0909582 17 13A ERNST &YOUNG ■ ErnSt�,o�,K«� This management letter is intended solely for the information and use of the Supervisor of Elections, management, the Board of County Commissioners of Collier County, Florida, and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. 1i� f "7 UP January 30, 2008 OR02- 0909582 18 13A FINANCIAL STATEMENTS Collier County, Florida Tax Collector Year Ended September 30, 2007 With Report of Independent Certified Public Accountants 0711 - 0884301 13A Collier County, Florida Tax Collector Financial Statements Year Ended September 30, 2007 Contents Report of Independent Certified Public Accountants ........................................ ..............................1 Financial Statements BalanceSheets — General Fund ......................................................................... ..............................3 Statements of Revenues, Expenditures, and Changes in Fund Balance — GeneralFund ................................................................................................... ..............................4 Statement of Revenues, Expenditures, and Changes in Fund Balance — Budgetand Actual — General Fund ................................................................. ..............................5 Statements of Fiduciary Assets and Liabilities — Agency Funds ....................... ..............................6 Notes to Financial Statements ............................................................................ ..............................7 Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ........................................ .............................18 ManagementLetter ........................................................................................... .............................20 0711 - 0884301 JftNST &�'OUNG .I p 13A Report of Independent Certified Public Accountants Honorable Guy L. Carlton, Tax Collector Collier County, Florida We have audited the accompanying financial statements of the general fund and the aggregate remaining fund information of the Collier County, Florida Tax Collector (the "Tax Collector "), as of and for the year ended September 30, 2007, as listed in the table of contents. These financial statements are the responsibility of the Tax Collector's management. Our responsibility is to express opinions on these financial statements based on our audit. The prior year summarized comparative information has been derived from the Tax Collector's financial statements for the year ended September 30, 2006, which were audited by other auditors whose report dated November 3, 2006, expressed unqualified opinions on the respective financial statements of the general fund and the aggregate remaining fund information. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. We were not engaged to perform an audit of the Tax Collector's internal control over financial reporting. Our audit included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Tax Collector's internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. As discussed in Note 1, the accompanying financial statements were prepared for the purpose of complying with, and on the basis of accounting practices specified by, the Rules of the Auditor General of the State of Florida and are not intended to be a complete presentation of the financial position of the Tax Collector, as of September 30, 2007, and the changes in its financial position for the year then ended, in conformity with accounting principles generally accepted in the United States. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the general fund and the aggregate remaining fund information of the Tax Collector as of September 30, 2007, and the respective changes in financial position thereof and the budgetary comparison for the general fund for the year then ended in conformity with accounting principles generally accepted in the United States. 0711 - 0884301 13A J ERNST & YOUNG ■ Ermt x luung ur In accordance with Government Auditing ,S/andards, we have also issued our report dated January 29, 2008 on our consideration of the "fax Collector's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. This report is intended solely for the information and use of the Tax Collector, management, the Board of County Commissioners of Collier County, Florida, and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. January 29, 2008 071 i- 0884101 Collier County, Florida Tax Collector Balance Sheets — General Fund September 30, 2007 (With Comparative Amounts for 2006) Assets Cash and cash equivalents Due from other funds Interest receivable Total assets Liabilities and fund balance Liabilities: Accounts payable Due to Collier County, Florida Board of County Commissioners Due to other governmental agencies Total liabilities Fund balance Total liabilities and fund balance See accompanying notes. l3A 2007 2006 $ 10,857,529 $ 9,474,587 46,710 58,931 29,921 — $ 10,934,160 $ 9,533,518 $ 24,782 $ 12,019 9,750,322 8,554,229 1,159,056 967,270 10,934,160 9,533,518 $ 10,934,160 $ 9,533,518 3 0711- 0884301 Collier County, Florida Tax Collector 13A Statements of Revenues. Expenditures, and Changes in Fund Balance — General Fund Year Ended September 30, 2007 (With Comparative Amounts,or 2006) Revenues: Commissions and fees Miscellaneous Total revenues Expenditures: General government: Personal services Operating Capital outlay Total expenditures Excess of revenues over expenditures Other financing uses: Distribution of excess commissions and fees to Collier County, Florida Board of County Commissioners Distribution of excess commissions and fees to other governmental agencies Total other financing uses Excess of revenues over expenditures and other financing uses Fund balance, beginning of year Fund balance, end of year See accompanying notes. 2007 2006 S 21,578,802 $ 18,345,649 756,222 695,074 22,335,024 1 9,040,723 8,367,490 7,304,362 2,532,138 1,644,689 526,018 570,173 11,425,646 9,519,224 10,909,378 9,521,499 (9,750,322) (8,554,229) (1,159,056) (967,270) (10,909,378) (9,521,499) $ — $ — 071 1 -0884?01 4 13A Collier County, Florida Tax Collector Statement of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual — General Fund Year Ended September 30, 2007 Expenditures: Variance With Personal services Final Budget 8,367,490 Budget Operating 1,952,010 Positive 2,532,138 — Original Final Actual Negative Revenues: 11,031,477 11,425,646 11,425,646 — Excess of revenues over expenditures Commissions and fees $ 19,969,037 $ 21,578,802 $21,578,802 $ — Miscellaneous 500,000 756,222 756,222 Total revenues 20,469,037 22,335,024 22,335,024 — Expenditures: General government: Personal services 8,705,074 8,367,490 8367,490 — Operating 1,952,010 2,532,138 2,532,138 — Capital outlay 374,393 526,018 526,018 — Total expenditures 11,031,477 11,425,646 11,425,646 — Excess of revenues over expenditures 9,437,560 10,909,378 10,909,378 — Other financing uses: Distribution of excess commissions and fees to Collier County, Florida Board of County Commissioners (8,493,804) (9,750,322) (9,750,322) — Distribution of excess commissions and fees to other taxing districts (943,756) (1,159,056) (1,159,056) — Total other financing uses (9,437,560) (10,909,378) (10,909.378) — Excess of revenues over expenditures and other financing uses — — — — Fund balance.. beginning of year — — — Fund balance, end of year $ — $ — $ — $ — See accompanying notes. 5 0111 0984301 13A Collier County, Florida Tax Collector Statements of Fiduciary Assets and Liabilities - Agency Funds September 30, 2007 (With Comparative Amounts for 2006) 2007 2006 Assets Cash and cash equivalents $ 4,303,742 $ 3,657,613 Accounts receivable 11,101 4,547 Interest receivable 10,811 — Total assets $ 4,325,654 $ 3,662,160 Liabilities Due to other funds $ 46,710 $ 58,931 Due to Collier County, Florida Board of County Commissioners 741,481 702,034 Due to other governmental agencies 2,414,110 2,340,856 Due to individuals and businesses 1,123,353 560,339 Total liabilities $ 4,325,654 $ 3,662,160 See accompanying notes "If I- M84i01 6 13A Collier County, Florida Tax Collector Notes to Financial Statements September 30, 2007 1. Summary of Significant Accounting Policies Reporting Entity The Collier County, Florida Tax Collector (Tax Collector) is an elected constitutional officer as provided for by the Constitution of the State of Florida. Pursuant to Chapter 195.087, Florida Statutes, the Tax Collector's budget is submitted to the Florida Department of Revenue for approval, and a copy is forwarded to the Collier County, Florida Board of County Commissioners (Board). The financial statements presented include the general fund and agency funds of the Tax Collector's office. The accompanying financial statements were prepared for the purpose of complying with Section 218.39, Florida Statutes, and Section 10.557(3), Rules of the Auditor General for Local Governmental Entity Audits. Section 10.556(4), Rules of the Auditor General for Local Governmental Entity Audits, requires the Collier County, Florida Tax Collector to only present fund financial statements. Accordingly, due to the omission of certain financial statement disclosures including a management's discussion and analysis, these financial statements do not constitute a complete presentation of the financial position of the Collier County, Florida Tax Collector as of September 30, 2007 and the changes in its financial position for the year then ended, in conformity with Governmental Accounting Standards Board (GASB) Statement No. 34, Basic Financial Statements — and Management's Discussion and Analysis — for State and Local Governments, but otherwise constitute financial statements prepared in conformity with U.S. generally accepted accounting principles. The financial activities of the Tax Collector, as a constitutional officer, are included in the Collier County, Florida Comprehensive Annual Financial Report. Measurement Focus, Basis of Accounting, and Basis of Presentation Fund financial statements report detailed information about the Tax Collector. The focus of governmental fund financial statements is on major funds rather than reporting funds by type. Each major fund is reported in a separate column. 0111-0884301 7 13A '.j Collier County, Florida Tax Collector Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies (continued) Governmental Funds Governmental funds are accounted for using the flow of current financial resources measurement focus. Only current assets and current liabilities, generally, are included on the balance sheet. Operating statements for these funds present increases (i.e., revenues and other financing sources) and decreases (i.e., expenditures and other financing uses) in net current assets. The Tax Collector's only governmental fund is the general fund. The general fund is used to account for the general operations of the Tax Collector and includes all transactions not accounted for in another fund. The modified accrual basis of accounting is used by governmental funds. Under the modified accrual basis of accounting, revenues are recognized when susceptible to accrual (i.e.. when they become measurable and available to finance current liabilities of the fiscal year). For this purpose, the Tax Collector considers revenues to be available if they are collected within 60 days of the end of the current period. Expenditures are recorded when the related fund liability is incurred, except for certain compensated absences, which are recognized as expenditures to the extent they have matured. Interest income and other revenue are recognized as they are earned and become measurable and available to pay liabilities of the current period. Substantially all of the Tax Collector's revenue is received from taxing authorities. These monies are virtually unrestricted and are revocable only for failure to comply with prescribed compliance requirements. These resources are reflected as revenue at the time of receipt; earlier if the "susceptible to accrual" criteria is met. Florida Statutes provide that the amount by which revenues exceed annual expenditures be remitted to each governmental agency immediately following the fiscal year for which the funding was provided or following the fiscal year during which other revenue was recognized. Florida Statutes further provide that the excess of revenues over expenditures held by the Tax Collector be distributed to each governmental agency in the same proportion as the commissions and fees paid by each governmental agency bear to total commission and fee revenue. The amounts of these distributions are recorded as liabilities and as other financing uses in the accompanying financial statements. 11"111 - 0984301 8 13A Collier County, Florida Tax Collector Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies (continued) Capital outlays expended in the general fund operations are capitalized in the basic financial statements of Collier County, Florida rather than in the governmental funds of the Tax Collector. Fiduciary Funds Agency Funds — Fiduciary funds are used to account for assets held by the Tax Collector in a trustee capacity or as an agent for individuals, private organizations, and other governments. Agency funds are custodial in nature (assets equal liabilities), and do not involve measurement of results of operations or have a measurement focus. Agency funds are accounted for using the modified accrual basis of accounting. Cash and Cash Equivalents Cash and cash equivalents are highly liquid investments with original maturities of three months or less. Compensated Absences All full -time employees of the Tax Collector are allowed to accumulate an unlimited number of hours of unused sick time and up to 240 hours of unused vacation leave. Upon termination, employees receive 100% of allowable accumulated vacation hours and a percentage of unused sick leave, depending on years of service. Vacation and sick leave payments are included in operating costs when the payments are made to the employees. The Tax Collector does not, nor is he legally required to accumulate financial resources for these unmatured obligations. Accordingly, the liability for compensated absences is not reported in the general fund, but rather is reported in the basic financial statements of Collier County, Florida. Property Taxes Property taxes in Collier County are levied by the Board and other taxing authorities. The millage levies are determined on the basis of estimates of revenue needs and the total taxable valuations within the jurisdiction of the Board and other taxing authorities. No aggregate ad valorem tax millage in excess of 10 mills on the dollar can be levied by the Board of County Commissioners against property in the County as specified in Florida Statutes Section 200.071. 07 11 -08843 01 9 13A IFA Collier County, Florida Tax Collector Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies (continued) Each year the total taxable property valuation is established by the Collier County, Florida Property Appraiser, and the list of property assessments is submitted to the State Department of Revenue for approval. Taxes, assessed as of January 1 of each year, are due and payable on November 1 of each year or as soon thereafter as the assessment roll is opened for collection. Pursuant to Florida law, all owners of property have the responsibility of ascertaining the amount due and paying it before April 1 of the year following the year in which the tax was assessed. Chapter 197, Florida Statutes, governs property tax collections Current Taxes All property taxes become due and payable on November 1, and are delinquent on April 1 of the following year. Discounts are allowed for early payment of 4% in November; 3% in December; 2% in January; and 1% for payment in February. Unpaid Taxes — Sale of Tax Certificates The Tax Collector advertises, as required by Florida Statutes, and sells tax certificates on all real property for unpaid taxes. The land is struck off the tax roll to the purchaser of the tax certificate. Certificates not sold are struck off to the County. The Tax Collector must receive payment before the certificates are delivered. Any person owning land upon which a tax certificate has been sold may redeem the tax certificate by paying the Tax Collector the face amount of the tax certificate plus interest and other costs. Tax Deeds Two years after the purchase of a tax certificate the owner may file an application for tax deed sale. The County, as a certificate owner, exercises similar procedures. Tax deeds are issued to the highest bidder for the property which is sold at public auction. The Clerk of the Circuit Court administers these sales. 0711- 0884s0 i 10 13A Collier County, Florida Tax Collector Notes to Financial Statements (continued) 1. Summary of Significant Accounting Policies (continued) Use of Estimates The preparation of financial statements requires management of the Tax Collector to make a number of estimates and assumptions relating to the reported amounts of assets and liabilities and the disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures during the period. Actual results could differ from those estimates. Comparative Data The financial statements include certain prior year summarized comparative information in total but not at the level of detail required for a presentation in conformity with generally accepted accounting principles. Accordingly, such information should be read in conjunction with the Tax Collector's financial statements for the year ended September 30, 2006, from which the summarized information was derived. 2. Budgetary Process Florida Statutes govern the preparation, adoption, and administration of the Tax Collector's annual budget. The Tax Collector submits a budget for the general fund to the Florida Department of Revenue for approval. A copy of the approved budget is provided to the Board of County Commissioners. Any subsequent amendments to the Tax Collector's total budget must be approved by the Florida Department of Revenue. The budget for the general fund is prepared on a basis consistent with U.S. generally accepted accounting principles. The annual budget serves as the legal authorization for expenditures. Expenditures may not legally exceed appropriations at the fund level. Appropriations lapse at year end. Budget control is maintained at the departmental major object expenditure level. Budgetary changes within major object expenditure categories are made at the discretion of the Tax Collector. The original budget is the first complete appropriated budget. The final budget is the original budget adjusted by all reserves, transfers, allocations, supplemental appropriations, and other legally authorized changes applicable to the fiscal year, whenever legally authorized. 0711 -0884301 13A .:I Collier County, Florida Tax Collector Notes to Financial Statements (continued) 3. Cash and Cash Equivalents At September 30, 2007, the carrying value of the Tax Collector's cash and cash equivalents were as follows: Carrying Credit Type Value Rating Cash on hand Demand deposits Total cash and cash equivalents $ 31,470 N/A 15,129,801 N/A $ 15,161,271 Such amounts are reported as $10,857,529 and $4,303,742 in the governmental and agency funds, respectively. Custodial Credit Risk At September 30, 2007, the Tax Collector's deposits were entirely covered by federal depository insurance or by collateral pledged with the State Treasurer pursuant to Chapter 280, Florida Statutes. Under this Chapter, in the event of default by a participating financial institution (a qualified public depository), all participating institutions are obligated to reimburse the governmental entity for the loss. Interest Rate Risk The Tax Collector has no specific investment policy regarding interest rate risk. Credit Risk The fax Collector's policy is to follow the guidance in Section 219.075, Florida Statutes, regarding the deposit of funds received and the investment of surplus funds. Sections 219.075 and 218.415, Florida Statutes, authorize the Tax Collector to invest in the Local Government Surplus Funds Trust Fund or any intergovernmental investment pool authorized pursuant to the Florida htterlocal Cooperation Act: Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency: 071 12 13A Collier County, Florida Tax Collector Notes to Financial Statements (continued) 3. Cash and Cash Equivalents (continued) direct obligations of the United States Treasury; federal agencies and instrumentalities or interest - bearing time deposits or savings accounts in banks organized under the laws of the United States and doing business and situated in the State of Florida, savings and loan associations which are under state supervision, or in federal savings and loan associations located in the State of Florida and organized under federal law and federal supervision, provided that any such deposits are secured by collateral as may be prescribed by law. 4. Capital Assets Capital assets used by the Tax Collector are capitalized in the basic financial statements of Collier County, Florida rather than in the governmental funds of the Tax Collector. Upon acquisition, such assets are recorded as expenditures in the general fund of the Tax Collector, and are capitalized at cost in the basic financial statements of the Collier County, Florida. Capital assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated capital assets are valued at their estimated fair value on the date received. The Tax Collector maintains custodial responsibility for the capital assets used by the office. No depreciation expense has been provided on capital assets in these financial statements. However, depreciation expense on these assets is recorded in the basic financial statements of Collier County, Florida. 5. Long -Term Liabilities The following is a summary of changes in long -term liabilities which are reported in the basic financial statements of Collier County, Florida: October 1 Net September 30 2006 additions 2007 Accrued compensated absences $889,024 $152,924 $1,041,948 Of these liabilities, approximately $250,000 is expected to be paid during the fiscal year ending September 30, 2008. These long -term liabilities are not reported in the financial statements of the Tax Collector since they have not matured. 071 I -0884301 13 13A '''l"" Collier County, Florida Tax Collector Notes to Financial Statements (continued) 6. Employee Retirement Plan Substantially all full -time employees of the Tax Collector are eligible to participate in the State of Florida Retirement System (System), a cost - sharing multiple - employer defined benefit plan administered by the State of Florida, Division of Retirement. The System is a defined benefit plan for all state, and participating county, district school board, community college, and university employees (Pension Plan). The System also offers eligible employees participation in an alternative defined contribution plan (Investment Plan). The Tax Collector participates in the Elected State Officers' Class. The plan is administered by the State of Florida. Contribution rates are established statewide for all participating governmental units. Accordingly, the actuarial information and related disclosures attributable to the Tax Collectors' employees are not determinable. Employees participating in the Pension Plan who retire at or after age 62 with 6 years of credited service, or with 30 years of service regardless of age, are entitled to a retirement benefit, payable monthly for life, equal to 1.6% for regular employees, 2% for senior management, and 3% for county elected officials for each year of credited service times their final average compensation. Final average compensation is the employee's average of the five highest fiscal years of salary earned during credited service. Vested employees may retire before age 62 and receive benefits that are reduced 5% for each year prior to normal retirement age. Employees participating in the Investment Plan are vested after one year of service with no age requirement. The System also provides death and disability benefits. Benefits are established by Chapter 121, Florida Statutes, and Chapter 22B, Florida Administrative Code. The Deferred Retirement Option Program (DROP) is a program that provides an alternative method for payment of retirement benefits for a specified and limited period for members of the System, effective July 1, 1998. Under this program, the employee may retire and have their benefits accumulate in the Florida Retirement System Trust Fund, earning interest, while continuing to work for a System employer. The participation in the program does not change conditions of employment. When the DROP period ends, maximum of 60 months, employment must be terminated. At the time of termination of employment, the employee will receive payment of the accumulated DROP benefits, and begin receiving their monthly retirement benefit (in the same amount determined at retirement, plus annual cost -of- living increases). 071 i_oaaa;oi 14 13A Collier County, Florida Tax Collector Notes to Financial Statements (continued) 6. Employee Retirement Plan (continued) The System publishes an annual report that provides ten -year historical trend information about progress made in accumulating sufficient assets to pay benefits when due. This report may be obtained by writing to the Division of Retirement, Department of Management Services, 1317 Winewood Boulevard, Building 8, Tallahassee, Florida 32399, or by calling (850) 488 -5706, or accessing their Internet site at http: / /www.frs.state.fl.us. The Tax Collector is required to contribute an actuarially determined rate. The current rate is 16.53% for county elected officials, 13.12% for senior management, 9.85% for regular employees, and 10.91 % for DROP employees of covered payroll. The contribution requirements of the Tax Collector are established and may be amended by the State of Florida. The Tax Collector's contributions to the plans for the years ended September 30, 2007, 2006, and 2005 were $595,152, $439,343, and $350,398, respectively, equal to the required contributions for each year. 7. Related -Party Transactions During the fiscal year ended September 30, 2007, the Board paid commissions and fees to the Tax Collector that amounted to $19,962,056. At September 30, 2007, the Tax Collector had a payable due to the Board of County Commissioners of $10,491,803 comprised as follows: Distribution of excess commissions and fees $ 9,750,322 Agency funds due to the Board 741,481 $ 10,491,803 8. Risk Management Collier County, Florida (the County) is exposed to various risks of loss including but not limited to general liability, health and life, property and casualty, auto and physical damage, and workers' compensation. The County is substantially self - insured and accounts for and finances its risk of uninsured losses through an internal service fund. All liabilities associated with these self - insured risks are reported in the basic financial statements of the County. The Tax Collector participates in the County's self- insurance program. During the year ended September 30, 2007, the Tax Collector was charged $1,761,403 by the County for participation in the risk management program. 0911 - 0884301 15 13A Collier County, Florida Tax Collector Notes to Financial Statements (continued) 8. Risk Management (continued) The County provides coverage for up to $350,000 per claim for workers' compensation, and has purchased outside excess coverage for up to $25 million for employee liability claims and statutory benefits for each injury or illness. The County also provides coverage for up to $200,000 per claim for auto and other liability claims, and has purchased outside excess coverage for up to $1 million per claim. Negligence claims in excess of the statutory limits set in Section 768.20, Florida Statutes. which provide for limited sovereign immunity of $100,0005200,000 per occurrence can only be recovered through an act of the State Legislature. There have been no significant reductions in insurance coverage in the last year. Settled claims have not exceeded the insurance provided by third party carriers in any of the last three years. The County is also self- insured for health claims covering all of its employees and their eligible dependents. The County retains the first $175.000 in losses per calendar year per covered member and purchases excess coverage with a maximum lifetime limit of $2 million. As required by Section 112.081. Florida Statutes, retirees and their eligible dependents are provided the same health care coverage as is offered to active employees at the same premium cost (borne by the retiree) applicable to active employees. An actuarial valuation is performed each year to estimate the amounts needed to pay prior and future claims and to establish reserves. 9. Commitments and Contingencies Leases The Tax Collector has noncancelable operating leases for certain office facilities that were utilized solely by the Tax Collector for fiscal year 2007. The following is a schedule of future minimum lease payments under the operating leases: Fiscal year ending September 30: 2008 2009 2010 2011 206,831 216,254 181,767 139,261 Rental expense for all operating leases aggregated $260,573 for the year ended September 30, 2007. There were no contingent rentals or sublease rentals associated with leases in effect at September 30, 2007. on 1- 0984101 16 13A Collier County, Florida Tax Collector Notes to Financial Statements (continued) 9. Commitments and Contingencies (continued) Litigation The Tax Collector is involved as a defendant or plaintiff in certain litigation and claims arising from the ordinary course of operations. In the opinion of the Tax Collector and legal counsel, the range of potential recoveries or liabilities will not materially affect the financial position of the Tax Collector. 071 1 -0884301 17 =J ERNS & YOUN6 a 13A Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Honorable Guy L. Carlton, Tax Collector Collier County, Florida We have audited the financial statements of the general fund and the aggregate remaining fund information of the Collier County, Florida Tax Collector (the "Tax Collector ") as of and for the year ended September 30, 2007, and have issued our report thereon dated January 29, 2008. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Tax Collector's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Tax Collector's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Tax Collector's internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. 0711- 0884301 _ - 18 J ERNST & YOUNG . Ernst & rou„g tEP 13A Compliance and Other Matters As part of obtaining reasonable assurance about whether the Tax Collector's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. We noted certain matters that we reported to management of the Tax Collector in a separate letter dated January 29, 2008. This report is intended solely for the information and use of the Tax Collector, management, others within the entity, the Board of County Commissioners of Collier County, Florida and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. January 29, 2008 0-I -08W01 19 JET N'ST&YOiII ING a 13A Management Letter Honorable Guy L. Carlton, Tax Collector Collier County, Florida We have audited the financial statements of the general fund and the aggregate remaining fund information of the Collier County, Florida Tax Collector (the "Tax Collector ") as of and for the year ended September 30, 2007, and have issued our report thereon dated January 29, 2008. We conducted our audit in accordance with auditing standards generally accepted in the United States and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental audits performed in the State of Florida and require that certain items be addressed in this letter. We have also issued our report dated January 29. 2008 on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards. Disclosures in that report should be considered in conjunction with this management letter. We have the following suggestions for improvement in accounting procedures and controls. Prior Year Findings and Recommendations There were no findings or recommendations made in the preceding annual financial audit. Current Year Findings and Recommendations 2007 -1 1TAccess Controls Observation Based on our review of Windows password settings, we determined that password controls should be strengthened. We noted the following settings: Password history — 1 password remembered • Minimum password length — 4 characters ■ Password must meet complexity requirements — disabled • Reset counter after — 30 minutes • Account lockout threshold — 10 invalid logon attempts 0711-0884301 20 J ERNST & YOUNG . Ernst R,aung rEr 13A Recommendation Network (Windows) passwords should provide adequate protection from compromise. The following updates should be made to the password policy: • For an entity with a maximum password age of 90, the password history should be set no less than 4 passwords. • Password length should be no less than 6 characters. • Consider enabling password complexity functionality. Password complexity requires users to include lower case letters, upper case letters, and numeric characters. • Reset account lockout counter value should be set at 60 minutes or higher. • Account lockout threshold should be set between 3 and 5 attempts. Management's Response The IT department of the Collier County Tax Collector has carefully reviewed and considered all of the provided recommendations. The following recommendations have /will be implemented: • The Reset account lockout counter value has been set at 60 effective 2 -1 -08 • The Account lockout threshold has been set to 5 attempts effective 2 -1 -08. • The Password length will be set to 6 characters effective 2 -8 -08. Due to the nature of operations within the Tax Collector offices, the remaining recommendations will be taken under advisement and reevaluated for fixture possible implementation. Other Required Communications No matters of noncompliance with Section 218.415, Florida Siamtes, regarding the investment of public funds were identified within the scope of our audit. The results of our audit disclosed no violations of laws, rules, regulations or contractual provisions or abuse, no improper or illegal expenditures, and no control deficiencies other than the internal control recommendations included above. The Tax Collector was established by the Constitution of the State of Florida, Article VIII, Section 1(d). This management letter is intended solely for the information and use of the Tax Collector, management. the Board of County Commissioners of Collier County, Florida, and the Auditor General of the State of Florida, and is not intended to be and should not be used by anyone other than these specified parties. i ln+at * f,917LLP January 29, 2008 (o/ on 1- 08943101 -) I s 13A TAw ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL �P6 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 Boar: lies 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 ex lion of the Chairman's siatiature draw a line throu routine lines #1 thro #4 1 te e ilr h Route to Addressee(s) Lst u e c st, and eckh Office forward to Sue Fil son Initials a #5). Date in muting order Z52- 57Z,1 Agenda Date Item was Approved b the BCC (0 P14 09 1. C S AJrgin Type of DocumentL Attached asoy 2. signed by the Chairman, with the exception of most letters, must be reviewed and signed J�t� 15�L�Cfi�� 4-..l 3. by the Office of the County Attorney. This includes signature pages from ordinances, 4. resolutions, etc. signed by the County Attorney's Office and signature pages from 11T 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 summery. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional in 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 a�� son Phone Number Z52- 57Z,1 Agenda Date Item was Approved b the BCC (0 P14 09 Agenda item Number t f P Type of DocumentL Attached (_ 1 � P—n Number of Original signed by the Chairman, with the exception of most letters, must be reviewed and signed J�t� 15�L�Cfi�� 4-..l Documents Attached by the Office of the County Attorney. This includes signature pages from ordinances, INSTRUCTInNR &r Vl9V 1C1,VQT Please Reeor - Acck # 13t- 13`i�g0 - �`F90 3o 1: Forts/ County Forms/ BCC Forms / Original Iocuments 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 11T 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 N fl 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 � op 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. LlfD Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be away of our deadlines! 6. The document was approved b the BCC on 2Y b pp y (enter date) and all changes made during the meeting have been incorporated in the attached d( cument. The County Attorney's Office has reviewed the changes, if applicable. Please Reeor - Acck # 13t- 13`i�g0 - �`F90 3o 1: Forts/ County Forms/ BCC Forms / Original Iocuments Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 * ** 4183779 OR; 4373 PG; 3651 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL This inst 06/21/2008 at 02:16FN DWIGHT B, BROCK, CLERK nunent prepared by: Jeffrey A. Klaakow Retn: RBC FEE 10.00 County Aaorncy CLERK TO THE BOARD 3301 'ramiaml Trail, East INTEROFFICE 47H FLOOR Harmon Tamer Building, 8ih Floor BET 6406 Naples. Florida 34112 239) 774 -8400 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Eight 'thousand 'two Hundred Fourteen Dollars and Eighty Two Cents ($8,214.82), arising out of an Agreement For Deferral of 100% of Collier County Impact Fees - Immokalee Residential Impact Fee Deferral Program, dated May 4, 2006, recorded in O.R. Book 4039, Page 2634, et seq. of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Raul Lopez and Elvira Lopez has been satisfied in full. Lot 15, Block C, Section 4, Township 47 South, Range 29 East, Joyce Park Subdivision, Immokalee, Collier County, Florida, recorded in Plat Book 2, Page 101, Public Records of Collier County, Florida. The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Raul Lopez and Elvira Lopez and consents to this lien being discharged of record. Dated this 2-4 IM _day of U— PI e 2008. -' ATTEST: DWIGF1T,4.1_B 0k`X, Clerk By' C Attm as to c CI eI }elk eta �h BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA N By: ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ? A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 f� THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Boatel Office. The completed routing slip and original documents are to be forwarded to the Board Office only to ter the Boatt has taken action on the item.) ROUTING SLIP Complete muting lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the eXCemtion of the C'haim W. d..,.n». a....,. i;-- .—._,. �_ <__ „___,.. ..___. _. L. .. .. .. Route to Addressee(s) (List in muting order ,,, ,,, ,,,,,,,, ,,,�, w„ ,o.o ".c cnu;ansy mu Office iurwara w sue rtaon Initials rme S,� Date 1. C (DES - / 95 -o8 2. roved b the BCC 3. Type of Document Attached t _ ( f-. I. D Y 1 O� L I Q Yl Number of Original 4. by the Office of the County Attorney. This includes signature pages from ordinances, I STaI.G'� Documents 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 n 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 Po- 4u son Phone Number 252- S r? 21 Agenda Date Item was / Agenda Item Number r roved b the BCC l0 1 t Type of Document Attached t _ ( f-. I. D Y 1 O� L I Q Yl Number of Original by the Office of the County Attorney. This includes signature pages from ordinances, I STaI.G'� Documents Attached TIVCTRTT9'TTANC e. 9''1t774'nN Ye r yleaSe Kecordk-- Acct -= 131- tngo2- wo30 I: Forms/ County Foams/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 224.05 Initial the Yes column or mark "N /A” in the Not Applicable column, whichever is Yes N/A (Not a� 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 N P" 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 n si ture and initials are required. Ar 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 f time frame or the BCC's actions are nullified. Be away of our d 6. The document was approved by the BCC on 2 p (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. yleaSe Kecordk-- Acct -= 131- tngo2- wo30 I: Forms/ County Foams/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 224.05 * ** 4183780 OR; 4373 PG; 3652 * ** RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL This instrument prepared by 06/21/2008 at 02:16PR DWIGHT E. BROCE, CLERK Jeffrey A. Klatzkow Retn: REC FEH 10.00 County Attorney CLERK TO THE BOARD 3301 Tamiami Trail, East INTEROFFICE 4TH FLOOR Harmon Turner Building, 8 °i Floor EFT 8406 Naplcs, Florida 34112 (239) 774 -8400 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Seven Thousand, Twenty -Seven Dollars and Thirty -Four Cents ($7,027.34), arising out of an Agreement For Deferral of 100% of Collier County Impact Fees - Immokalee Residential Impact Fee Deferral Program, dated January 25, 2006, recorded in O.R. Book 3971, Page 2209, et seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Brandy Phillips and Habitat for Humanity of Collier County, Inc., has been satisfied in hull. Lot 26, Independence Phase I, as recorded in Plat Book 41, Pages 44 -46 of the Public Records of Collier County, Florida. The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal properly owned by Brandy Phillips and Habitat for Humanity of Collier County, Inc., and consents to this lien being discharged of record. Dated this Z(i+'I day of , 2008. , ;' AT'T`EST: 11NIGHT E. BROt, 1C, Clerk Dep Clerk A� ;t as Co 41 ti lj*tor`* Osl M BOARD OF COUNTY COMMISSIONERS COLLIER .OUNTY, FLORIDA BY art 1"✓ TOW HENNING, CHAIR ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 q 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO Print on pink paper. THE BOARD eOF document. COMMISSIONERS tOFFICE FOR SIGNATURE I s1nd 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 mutin lines #I throu #4, corn lete the checklist, and forward to Sue Filson line complete . Route to Addressee(s) Office Initials (List in routing order) Date 1 � 2. 3. 0 5. Sue Filson, Executive Manager Board of County 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 sum Primary contact is the person who created/pn;paredrhe 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 am to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was Approved by the BCC Type of Document Item Number GSi KUCTIONS & CHECKLIST Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is E2roj2nate. 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 ezce t the BCC Chairman and the Clerk to the Board 3. TEhnnan signature line date bas been entered as the date of BCC approval of the d final ne otiated contract date whichever is a lic able4. "s are placed on the appropriate pages indicating where the Chairmans si tials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slit 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! S. 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 County Attorney's Office has reviewed the changes, if annlicahlr. C Yes J IN 1: Forms/ County Fours/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 N/A is not an option for line 6. 16A6 MEMORANDUM Date: June 27, 2008 To: John Houldsworth, Senior Engineer Engineering Services Department From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Resolution 2008 -182: Olde Cypress Resolution 2008 -183: Reflection Lakes Phase IA Resolution 2008 -184: Reflection Lakes Phase 1C Resolution 2008 -185: Cedar Hammock Unit 2 Resolution 2008 -186: Cedar Hammock Unit 4 Resolution 2008 -187: Cedar Hammock Unit 6 Enclosed for your records please find one copy of the documents referenced above (Agenda Items #16A6 thru #16A8 and #16Al2 thru #16A14), that were all adopted by the Board of County Commissioners on Tuesday, June 24, 2008. If you should have any questions, please feel free to contact me at 252 -8406. Thank you. Enclosures (6) RESOLUTION NO. 08- 182 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN TRACT 9 AT OLDE CYPRESS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 33, 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 OLDE CYPRESS MASTER PROPERTY OWNERS' ASSOCIATION, INC. WHEREAS, the Board of County Commissioners of Collier County, Florida, on August 3, 1999, approved the plat of Tract 9 at Olde Cypress 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 Community Development 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 Tract 9 at Olde Cypress, pursuant to the plat thereof recorded in Plat Book 33, 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 Olde Cypress Master Property Owners' Association, Inc. This Resolution adopted after motion, second and majority vote favoring same, this o14 1h day of "tAn.t 2008. DATE: al,aoog ATTEST: DWIGHT E. BRCiCK, CLERK St hs r.tio', pk � elk Lf�M� Olklw Approved as to form and legal Buff tency: ,c ,, eff E. Wright Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: T HENN G, CHAI [N Item # Agenda Date Dale - Rec'd ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO `ll 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 thmiiah.enn„o]in— ata,.,,..1 xn ,..,__,_._—_.__,. . .< _ Route to Addressee(s) - -° °...... ^ - ., m, wu, ,mow um a¢cxusrI and Office forward to Jue Nilson Initials tine #5 . List in routin order) a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be Initial Date 1. signed by the Chairman, with the exception of most letters, must be reviewed and signed Agenda Item Number E &2'4 -7 f 2. resolutions, etc. signed by the County Attorney's Office and signature pages from Number of Original 3. JLAD Documents Attached 4. Chairman and Clerk to the Board and 2ossibly State Officials.) 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 Contact ` Phone Number N/A (Not 1. a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be Initial Applicable) Agenda Date Item was Approved b the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Agenda Item Number by the Office of the County Attorney. This includes signature pages from ordinances, &2'4 -7 f Type of Document resolutions, etc. signed by the County Attorney's Office and signature pages from Number of Original Attached JLAD Documents Attached TNRTRTTCTTnVQ .e, ruurvr ram 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 1. 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 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 date of BCC approval of the document or the final negotiated contract date whichever is applicable, Ll 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 ojt/ (enter date) and all changes N/A is not made during the meeting have been incorpora ed In the attached document. The ,f spy an option for Count Attorney's Office has reviewed the changes, if applicable. j/� I line 6. C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9,03 04, Revised 1.26.05, Revised 2.24.05 16A7, 4 RESOLUTION NO. 08- 183 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN REFLECTION LAKES AT NAPLES — PHASE IA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 42, PAGES 80 THROUGH 93; 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 REFLECTION LAKES AT NAPLES MASTER ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 22, 2005 approved the plat of Reflection Lakes at Naples — Phase lA for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Reflection Lakes at Naples — Phase IA , pursuant to the plat thereof recorded in Plat Book 42, pages 80 through 93, 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 Reflection Lakes at Naples Master Association. This Resolution adopted after motion, second and majority vote favoring same, this Q_If 0 day of Tun.& 2008. DATE: ATTEST:!'�?1. DDCE DWIQH�TE. BRQ.CK %C,LERK Jeff Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: E G, CHA AN Item# Agenda Date Date n Rec'd ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oft-ice. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in muting order) Office Initials Date I. S ud v puiz, CbES 66minis+r4i Initial) 2. Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Item Number 3. �F�Zl 6C( ^^ l (a -/A 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 (,rs Cn ti' 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 µ,S b�C t,S a ��% Initial) 5 Agenda Date Item was Original document has been signed /initialed for legal sufficiency. (All documents to be Agenda Item Number Approved b the BCC �F�Zl 6C( ^^ l (a -/A Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached (,rs Cn ti' Documents Attached Chairman and Clerk to the Board and possibly State Officials.) 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) 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 1 The Chairman's signature line date has been entered as the date of BCC approval of the fl document or the final negotiated contract date whichever is applicable. �J 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 .e7 D (enter date) and all changes N/A is not made during the meeting have been incorpora ed n the attached document. The ri.0 an option for County Attorney's Office has reviewed the changes, if applicable. 1-1 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- 184 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN LANDSCAPE AND IRRIGATION IMPROVEMENTS IN REFLECTION LAKES AT NAPLES PHASE 1C, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 44, PAGES 19 THROUGH 20; RELEASE OF THE MAINTENANCE SECURITY; THE LANDSCAPE AND IRRIGATION IMPROVEMENTS ARE REQUIRED TO BE MAINTAINED BY THE REFLECTION LAKES AT NAPLES MASTER ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 13, 2005 approved the plat of Reflection Lakes at Naples Phase 1C for recording; and WHEREAS, the Developer has constructed and maintained the landscape and irrigation 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 landscape and irrigation improvements and release of his maintenance security; and WHEREAS, the Engineering and Environmental Services Section of the Development Services Department has inspected the landscape and irrigation 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 landscape and irrigation improvements in Reflection Lakes at Naples Phase 1 C, pursuant to the plat thereof recorded in Plat Book 44, pages 19 through 20, 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 landscape and irrigation improvements that are not required to be maintained by the Reflection Lakes at Naples Master Association. This Resolution adopted after motion, second and majority vote favoring same, this 1�, q+ti day of :TurlL 2008. DATE: d�, Cud ATTEST: ., .. DWIGIRI~'T E. BROCK" CLERK C. (�MIiL �, LQ r A9 tt94;n Wti egal sufffiency:. J Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIR Item# LSLIa Agenda �r�- V Date Date Rec'd _ x • • I • Vi�11T11\tiL LVI.U111E41110 l.i1L' 1.11L1►71 QL 1t 1U 1111kir atair TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 519/ 1,4 4. BCC Office Board of County ,\\0? Commissioners V A.(..\\. 5. Minutes and Records Clerk of Court's Office t��,� PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was June 24,2008—Mockingbird Crossing Agenda Item Number 16-A9 Approved by the BCC Type of Document Plat Number of Original One—5 Pages Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. 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 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on June 24,2008 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. f' 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for t%e Chairman's signature. ____ I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Vit1lI11\EiL 1JVl.U1VIL'1'1 1 3 l.ilL' 1.11L1►7 I. OL i'CV U 11111lT iJLlr ACCMPANY ALL ORIGINAL DCUMENTS SENT TO THE BOARD OFCOUNTY COMM S ONERS OFFICE FOR S GNATURE1 6 A 9 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office cv& 1411'S/5/14 4. BCC Office Board of County Commissioners / f s\'c1 5. Minutes and Records Clerk of Court's Office Mt)/ 5 '�( ` PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff John Houldsworth Phone Number x-5757 Contact/ Department / Agenda Date Item was June 24,2008—Mockingbird Crossing\, Agenda Item Number 16-A9 V, Approved by the BCC ,Type of Document Construction&Maintenance Agreement Number of Original Two Attached and Performance Security Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. 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 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on June 24,2008 and all changes made 1 during the meeting have been incorporated in the attached document. The County , Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the / BCC,all changes directed by the BCC have been made,and the document is ready for t •+ Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revi . . 5;Revised 11/30/12 6A CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS 9 THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of ,20 between DR Horton, Inc. hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the"Board". RECITALS: A. Developer has,simultaneously with the delivery of this Agreement, applied for the approval by the Board of certain plat of a subdivision to be known as: Mockingbird Crossing B. Chapters 4 and 10 of the Collier County land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Paving, Drainage,Water and Sewer and Offsite Improvements on Massey Street Within 24 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of$2,935,210.48 - which amount represents 10% of the total contract cost to complete the construction plus 100%of the estimated cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until such a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or his designee shall,within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required Improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months/ 6 A 9 thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the D�veloper hav- caused th.: eement to be executed by their duly authorized representatives this 3r day of ,r✓, , 20 14- SIGNED IN THE PRESENCE OF: DR Hort•n, Inc. al • G • By: Printed Name Jonath.n Pentecost Vice President khO iCC -L. j< t(tra `i(A--t►O Printed Name ATTEST: Q ( BOARD OF COUNTY COMMISSIONERS OF times!, COLLIER COUNTY, FLORIDA ‘ t 4.WIGHT E.BROCK,CLEThK / • BY: [ It ,'. `■■_ Allhmmh_ Deputy Clerk Approved as to fo' and legal oty TOM HENNING, CHAIRMAN L Stitt- A • 61 c Assistant County Attorney(Print Name) 16A9 PERFORMANCE BOND BOND NO. SU34933 KNOW ALL PERSONS BY THESE PRESENTS:that D.R. Horton, Inc. (Name of Owner) 10541 Six Mile Cypress Parkway (Address of Owner) Ft. Myers, FL 33966 (Address of Owner) (Hereinafter referred to as"Owner")and Aspen American Insurance Company (Name of Surety) 175 Capital Blvd., Ste. 100 (Address of Surety) Rocky Hill, CT 06067 (Address of Surety) (860)760-7700 (Telephone Number) (hereinafter referred to as "Surety")are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Two Million, Four Hundred Fifty Nine* Dollars ($$2,459,831.73 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,successors and assigns,jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. *Thousand, Eight Hundred Thirty One and 73/100 Dollars THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board of a certain subdivision plat named MOCKINGBIRD CROSSING and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations(hereinafter the"Guaranty Period"). NOW THEREFORE, if the Owner shall well,truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of owner's failure to do so,and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default,then this obligation shall be void,otherwise to remain in full force and effect. PROVIDED, FURTHER,that the said Surety, for value received hereby,stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,alteration,addition or deletion to the proposed specific improvements. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the 16A9 Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment", wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration,addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 23rd day of October / 2013 / D.:. "orton, I . r 1 WITNESSES: (Owner Name .nd Title if Corporation) O�tj iti'91t�/'OS/1 U I/ . 1 -t,tLA.I. 14ta_fY Printed Name Printed Nam- 1• - l t_e (Provide Proper Evidence of Authority) Ale* Printed Name ACKNOWLEDGEMENT STATE OF F L COUNTY OF 1 ,[-e- THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF / O(k / 1' , 20 13 by ;IDA(�'PtLL VCvIYCOSf (NAME OF ACKNOWLEDGER)AS �J (TITLE) OF P.R• Yi\ i(\.C.� (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public—State of V' L (SEAL) kt4a,r a \I odvov 01 G Printed Name r Witness: Arch Insurance Company Nel Barnola,Client Manager Marg t A.Ginem,Attorney-in-Fact &Florida Licensed Resident Agent C/O WILLIS OF FLORIDA 4211 W.BOY SCOUT BLVD,#1000 4 ,_,... TAMPA, FL 33607 KHARA YATRON I INQUIRIES:(813)281-2095 1 i * *,, 1 Notary Public-State of Florida 1 ,,` un :vc My Comm.Expires Mar 24,2017 I 4 ":;;; <<;;;." Commission # FF 000181 Increase PENALTY RIDER 1 1 6 9 BOND AMOUNT $2,459,831.73 BOND NO. SU34933 PREMIUM $10,454.00 To be attached and form a part of Bond No. SU34933 dated the 23rd day of October, 2013, executed by Aspen American Insurance Company as surety, on behalf of D.R. Horton, Inc. as current principal of record, and in favor of Collier County, Florida, as Obligee, and in the amount of Two Million Four Hundred Fifty Nine Thousand Eight Hundred Thirty One Dollars and 73/100 ($2,459,831.73). In consideration of the agreed premium charged for this bond, it is understood and agreed that Aspen American Insurance Company hereby consents that effective from the 24t day of April, 2014, said bond shall be amended as follows: THE BOND PENALTY SHALL BE Increased: FROM: Two Million Four Hundred Fifty Nine Thousand Eight Hundred Thirty One Dollars and 73/100 ($2,459,831.73) TO: Two Million Nine Hundred Thirty Five Thousand Two Hundred Ten Dollars and 48/100 ($2,935,210.48) The Increase of said bond penalty shall be effective as of the 24th day of April, 2014, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 24th day of April,2014. D. '. o on Inc. tl, t'a i_ P P . IPAL B ' . Aspen American Insurance Company SURETY BY: 'i . At/14i Margare / inem,Attorney-in-Fact & Florida Licensed Resident Agent , . 16A9 ASPEN Aspen American Insurance Company 175 Capital Boulevard,Rocky Hill,CT 06067 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS,THAT Aspen American Insurance Company,a corporation duly organized under the laws of the State of Texas,and having its principal offices in Rocky Hill,Connecticut,(hereinafter the"Company")does hereby make,constitute and appoint: Carol H.Hermes;Margaret Ginem;Anett Cardinale;David H.Carr of Willis of Florida,Inc. its true and lawful Attomey(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge on behalf of the Company,at any place within the United States,the following instrument(s)by his/her sole signature and act:any and all bonds,recognizances,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto,and to bind the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company.All acts of said Attorney(s)-in-Fact done pursuant to the authority herein given are hereby ratified and confirmed. This appointment is made under and by authority of the following Resolutions of the Board of Directors of said Company effective on April 7,2011,which Resolutions are now in full force and effect; VOTED:All Executive Officers of the Company(including the President,any Executive,Senior or Assistant Vice President,any Vice President,any Treasurer,Assistant Treasurer,or Secretary or Assistant Secretary)may appoint Attorneys-in-Fact to act for and on behalf of the Company to sign with the Company's name and seal with the Company's seal,bonds,recognizances,and other writings obligatory in the nature ofa bond,recognizance,or conditional undertaking,and any of said Executive Officers at any time may remove any such appointee and revoke the power given him or her. VOTED:The foregoing authority for certain classes of officers of the Company to appoint Attorneys-in-Fact by virtue of a Power of Attorney to sign and seal bonds, recognizances,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,as well as to revoke any such Power of Attorney,is hereby granted specifically to the following individual officers of Aspen Specialty Insurance Management,Inc.: Michael Toppi,Executive Vice President,Scott Sadowsky,Senior Vice President,Kevin Gillen,Senior Vice President,Mathew Raino,Vice President, Scott Mandeville,Vice President and Ryan Field,Assistant Vice President. This Power of Attorney may be signed and sealed by facsimile(mechanical or printed)under and by authority of the following Resolution voted by the Boards of Directors of Aspen American Insurance Company,which Resolution is now in full force and effect: VOTED:That the signature of any of the Officers identified by title or specifically named above may be affixed by facsimile to any Power of Attorney for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and any and all consents incident thereto,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company.Any such power so executed and certified by such facsimile signature and/or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking so executed. IN WITNESS WHEREOF,Aspen American Insurance Company has caused this instrument to be signed and its corporate seal to be hereto affixed this 24th day of January,2013. Aspen American Insurance om.any STATE OF CONNECTICUT SS. ROCKY HILL COUNTY OF HARTFORDn Field,Assistant)Vice President On this 24th day of January,2013 before me personally came Ryan Field to me known,who being by me duly sworn,did depose and say;that he(sbc �`lee President,of Aspen American Insurance Company,the Company described in and which executed the above instrument,that he/she knows the seal said r�Ar�t r ;ttat s the seal affixed to the said instrument is such corporate seal;and that he/she executed the said instrument on behalf of the Company by authority of his/her e`ffipp,1i er true dbilye ,, R lutions thereof. e.-0 ��}TT x xv t ,t�.J 4�e� 3 Notary Public u'1 My commission expires:5/31/2016 I` f CERTIFICATE �i kr, I,the undersigned,Ryan Field of Aspen American Insurance Company,a stock corporation of the State of Texas,do hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the Boards of Directors,as set forth above,are now and remain in full force and effect. Given under my hand and seal of said Company,in Rocky Hill,Connecticut,this 24thday of April 2014 `;W}ty 1, 1 7m°,t 4k.k•`11I s , By: — " -- Name: Ryan Field,Assistant Vice President '►•"'" •For verification of the authenticity of the Power of Attorney you may call(860)760-7728 or email:Patricia.Taberraspen-insurance.com 16A9 ENGINEER'S OPINION OF PROBABLE COST Massey Street Drainage Improvements Includes furnishing and handling of all required materials, dewatering, bedding material (if necessary), rock removal and disposal off-site(if necessary), installation, backfilling, compaction,compaction testing in road- way areas, final grading, coordinating with other contractors and utility companies, flushing, clean-up, seeding, sodding of all areas disturbed by construction, repair of any damage caused by construction and other items necessary to complete the system and provide the owner with a complete working drainage system as shown on the drawings and specified on these contract documents. Pipe measurement is to the outside of the structures. QTY ITEM DESCRIPTION UNIT TTL UNIT PRICE TOTAL PRICE D-1 30" or 36" RCP LF 4517 $67.19 $303,495.00 D-2 Connect to existing VCC RCP EA 1 $2,000.00 $2,000.00 D-3 24" MES EA 1 $900.00 $900.00 D-4 Catch Basin Type D EA 11 $2,100.00 $23,100.00 D-5 Juction Box EA 4 $2,300.00 $9,200.00 D-6 Road Repair SY 689 $25.00 $17,225.00 D-7 Fill CY 2400 $12.00 $28,800.00 D-8 Grade Ditch LF 4517 $4.00 $18,068.00 D-9 Silt Fence LF 4550 $1.50 $6,825.00 D-10 Sod, Bahia SY 15033 $1.50 $22,549.50 TOTAL $432,162.50 Security amount equal to 110% of project cost: $475,378.75 4 - y— c ,'/ 1001400ft David P. Beal, P.E. .;.°' �`\i^ P. `L qr a�r Florida Registration No. 73967 �` �®' E:�`f r�' S 4 o No. 73067 e/ -;. 111 a SATE OF ea J r 0) I D1��44iffIV8'ti,1i�'s�e��'� 16A9 ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH SS. On this 23rd day of October, 2013 before me, personally came Margaret A. Ginem, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-In-Fact on behalf of Arch Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. Signature . g Eileen C. Heard Eileen C.Heard Notary Public,State of Florida Commission#EE 23158 Expires October 22,2014 This area.for Official Notarial Seal 16A9 ASPEN Aspen American Insurance Company 175 Capital Boulevard,Rocky Hill,CT 06067 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS,THAT Aspen American Insurance Company,a corporation duly organized under the laws of the State of Texas,and having its principal offices in Rocky Hill,Connecticut,(hereinafter the"Company")does hereby make,constitute and appoint: Carol H.Hermes;Margaret Ginem;Anett Cardinale;David H.Carr of Willis of Florida,Inc. its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge on behalf of the Company,at any place within the United States,the following instrument(s)by his/her sole signature and act:any and all bonds,recognizances,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto,and to bind the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company.All acts of said Attorney(s)-in-Fact done pursuant to the authority herein given are hereby ratified and confirmed. This appointment is made under and by authority of the following Resolutions of the Board of Directors of said Company effective on April 7,2011,which Resolutions are now in MI force and effect; VOTED:All Executive Officers of the Company(including the President,any Executive,Senior or Assistant Vice President,any Vice President,any Treasurer,Assistant Treasurer,or Secretary or Assistant Secretary)may appoint Attonu ys-in-Fact to act for and on behalf of the Company to sign with the Company's name and seal with the Company's seal,bonds,recognizances,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said Executive Officers at any time may remove any such appointee and revoke the power given him or her. VOTED:The foregoing authority for certain classes of officers of the Company to appoint Attorneys-in-Fact by virtue of a Power of Attorney to sign and seal bonds, recognizances,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,as well as to revoke any such Power of Attorney,is hereby granted specifically to the following individual officers of Aspen Specialty Insurance Management,Inc.: Michael Toppi,Executive Vice President,Scott Sadowsky,Senior Vice President,Kevin Gillen,Senior Vice President,Mathew Raino,Vice President, Scott Mandeville,Vice President and Ryan Field,Assistant Vice President. This Power of Attorney may be signed and sealed by facsimile(mechanical or printed)under and by authority of the following Resolution voted by the Boards of Directors of Aspen American Insurance Company,which Resolution is now in full force and effect: VOTED:That the signature of any of the Officers identified by title or specifically named above may be affixed by facsimile to any Power of Attorney for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and any and all consents incident thereto,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company.Any such power so executed and certified by such facsimile signature and/or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking so executed. • IN WITNESS WHEREOF,Aspen American Insurance Company has caused this instrument to be signed and its corporate seal to be hereto affixed this 24th day of January,2013. Aspen American Insu. .m,any STATE OF CONNECTICUT SS. ROCKY HILL COUNTY OF HARTFORD yan Field,Assis , ice President '' 1 at tr/ On this 24th day of January,2013 before me personally came Ryan Field to me known,who being by me duly sworn,did depose and say;that he s1rl(s s i,V1eq President,of Aspen American Insurance Company,the Company described in and which executed the above instrument;that he/she knows the seal t'sa sin: that '; the seal affixed to the said instrument is such corporate seal;and that he/she executed the said instrument on behalf of the Company by authority of his/her bffi�2rjer tie ve„ R lutions thereof. ,.,..5: , n cJ>r I. Notary Public -. '•. u•. 4 My commission expires:5/31/2016 .. - CERTIFICATE •14 411. I,the undersigned,Ryan Field of Aspen American Insurance Company,a stock corporation of the Stale of Texas,do hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the Boards of Directors,as set forth above,are now and remain in full force and effect. d / rr._.: Given under my hand and seal of said Company,in Rocky Hill,Connecticut,this`"----' ay of (F��t. • t (, ,.,2,,// `*a Insu,.o .e, ` ' rs m p Q ` a /%ice —____—.. By (� �� -- ---— J Name: Ryan Field,Assistant Vice President "'""". •For verification of the authenticity of the Power of Attorney you may call(860)760-7728 or email:Patricia.Taber(a)aspen-insurance.com 16A9 CERTIFICATE OF ASSISTANT SECRETARY The undersigned hereby certifies as follows: 1. He is a duly elected,qualified and acting Assistant Secretary of D.R. Horton,Inc.,a Delaware corporation (the "Company"), is familiar with the facts herein certified and is duly authorized to certify the same. 2. The following is a true,correct and complete copy of resolutions related to the subject matter as adopted by the Consent of Executive Committee of the Board of Directors of the Company dated July 16, 2007 (the "Resolutions"). The Resolutions have not been amended, rescinded or modified and remain in full force and effect as of the date hereof. Authority of Assistant Secretary WHEREAS, effective January 3, 2007, Jonathon M. Pentecost was duly elected to the office of Assistant Secretary of the Company (the "Assistant Secretary") in the Company's South Florida Division(the"Division"). WHEREAS,effective June 8,2007,Jonathon M. Pentecost's authority was expanded,and it is now desirable to further expand his authority. NOW,THEREFORE,BE IT RESOLVED,that the Assistant Secretary is hereby authorized,in the Division and in the name and on behalf of(i)the Company, (ii)any partnership of which the Company is a general partner,manager or agent,and (iii) any limited liability company of which the Company is a member, manager or agent(collectively,the"Entities"),to sign,modify and terminate,from time to time as he deems it to be in the best interest of the Entities,construction contracts,scopes of work, purchase orders, change orders relating to options and construction contracts, architectural agreements and other similar or equivalent agreements or documents for the Division relating to the business of the Entities. RESOLVED FURTHER,that the Assistant Secretary is hereby authorized and empowered, in the Division and in the name and on behalf of the Entities, to execute and deliver(i) any and all documents and instruments, including without limitation general or special warranty deeds, bills of sale, lien waivers, owner's affidavits, settlement statements and other conveyance documents and closing statements necessary to close the sale of any one or more single-family residences on behalf of the Entities, (ii) signage contracts, advertising agreements, applications, consulting agreements,homeowner association documents and similar or equivalent agreements, documents or instruments, and (iii) maps, plats, contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real property. 16A9 RESOLVED FURTHER,that the authority hereby granted to the Assistant Secretary supersedes authority previously granted by Written Consent of Executive Committee of the Board of Directors to the Assistant Secretary as of the date hereof. IN WITNESS WHEREOF,the undersigned has set his hand on the 16th day of July,2009. 41w1[4. b. 1;14-o Thomas B. Montano Assistant Secretary U:\J TE WAL9 11Min\D411\09Ju116-COAS2.tivpd 2 16A9 W o V ° O .. oo o • a N N1' O �O t� VS .1 Q .--• Vn o c v, N O n .--� ,,O �n N — 69 EA b9 669 4, 69 -' Ll1 IX H a W 0 ° o°o co 8 C Oo. 0 H t� o 0 0 o v: • W W M o0 o en Q en o < a VD NN � o VD O m 4.. 69 69 69 EA 69 ¢ IA C 0 W co Z : H o ' � o o ° °`Oa c • H O el N N M °`en 0 E A H t-- N 0 01 VD' W W rol 1-4 VD VI M t---- N .--' en V] en Vl .--- en N c Z Z 4 69 6.9 69 69 69 69 Z 0 Y Z to O W i- O Z w o d w H o ° 0 t a 6 c° Ca ) o V ` ao ° F" w U .g -' = a• wa3a° v� 10 Z ° 00 0 0 W 3 w o° xQ CO U Q W W m .8 U lil WI CA CO 0 9 - - z 1649 MOCKINGBIRD CROSSING AT CALOOSA RESERVE ENGINEER'S OPINION OF PROBABLE COST SCHEDULE "A" EARTHWORK & SITE PREP Clearing, grubbing and preparation of roadway rights-of-way, and easements areas as designated by the Engineer in the field including chipping and grinding of all materials on the Owner's property and then disposal of all residue off the Owner's property, all as specified, per acre complete. All work in right-of-way is subject to inspection by the owner, Collier County DOT and FDOT contingent on final acceptance of improvements as shown and specified on the contract documents. UNIT ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE A-1 Clearing and Grubbing AC 41.8 $1,500.00 $62,700.00 A-2 Off-site Fill (Truck Measure)** CY 0 $8.75 $0.00 Lake Excavated Fill (Haul, Place& A-3 Compact) CY 241625 $1.20 $289,950.00 A-4 Erosion Control-Silt Fence LF 9517 $1.20 $11,420.40 On-Site Subtotal $364,070.40 OFF-SITE A-5 Clearing and Grubbing AC 0.73 l $1,500.00 $1,095.00 A-6 Erosion Control-Silt Fence LF 5114 $1.20 $6,136.80 Off-Site Subtotal $7,231.80 TOTAL $371,302.20 **Lakes to provide fill for roadbeds and berms U:\DBeal\dbeal\MCDD\Old submittal\opncst MOCKINGBIRD CROSSING AT CALOOSA RESERVE 16 A 9 ENGINEER'S OPINION OF PROBABLE COST SCHEDULE "B" PAVING Roadway construction complete per the plans and Collier County specifications including stabilized subgrade,stabilized shoulder, limerock base,tack coat,asphaltic concrete,required testing by an independent laboratory,roadside fill and grading for full width of right-of-way and easements, finish grading,seeding and mulch. UNIT— ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE B-1 Valley Gutter LF 11,045 $10.50 $115,972.50 B-2 Type"A"Curb LF 617 $10.00 $6,170.00 B-3 Type"F"Curb • LF 2,035 $10.00 $20,350.00 B-4 1.5"Aphaltic Concrete(Type S-III)(2 lifts) • SY 18,930 $5.50 $104,115.00 B-5 8"Limerock Base(compacted and primed) ▪ SY 18,930 $10.00 $189,300.00 B-6 12"Stabilized Subgrade SY 24,966 $4.00 $99,864.00 B-7 5'Concrete Sidewalk* SY 6,558 $18.00 $118,044.00 B-8 Signing&Pavement Markings ' LS 1 $3,000.00 $3,000.00 B-9 Sodding(back of curb) SY _ 300 $1.30 $390.00 On-Site Subtotal $657,205.50 OFF-SITE B-10 Valley Gutter LF 9 $10.50 $94.50 B-11 Type"F"Curb LF 54 $10.00 $540.00 B-12 1"Aphaltic Concrete(Type S-III) SY 2,575 $5.50 $14,162.50 B-13 8"ABC SY 2,575 $10.00 $25,750.00 B-14 2"Asphaltic Concrete(Type S-I) SY 2,576 $6.00 $15,456.00 B-15 Signing&Pavement Markings LS 1 $3,000.00 $3,000.00 B-I6 Sodding SY 1,214 $1.30 $1,578.20 B-17 Saw-cut Existing pavement LF 56 $1.00 $56.00 B-18 Asphaltic Concrete 1.5"Type S-Overlay SY 70 $5.50 $385.00 B-I9 Asphaltic Concrete min 1"- Overlay SY 70 $5.50 $385.00 B-20 6"max Limerock Base(compacted and primed)-Overlay SY 70 $10.00 $700.00 B-21 6"min Stabalized Subgrade-Overlay SY 70 $4.00 $280.00 Off-Site Subtotal $62,387.20 I TOTAL $719,592.70 16A9 MOCKINGBIRD CROSSING AT CALOOSA RESERVE ENGINEER'S OPINION OF PROBALE COST SCHEDULE "C" WASTEWATER COLLECTION Includes furnishing and handling of all required materials,joint restraint,thrust blocks,connections to other pipelines,all excavation(including rock and over-excavation if necessary),dewatering,bedding material(if necessary),pipeline installation,back filling(imported fill if necessary),compaction,compaction testing in roadway areas,pressure testing,flushing,clean-up including resodding areas previously sodded,seeding all areas disturbed by construction,providing complete as-built drawings and other items necessary to complete the system and provide the Owner,DEP and Collier County with a complete working wastewater collection system as shown on the drawings and specified in these contract documents. ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE C-1 8"PVC Sanitary Sewer(0-6'Cut) LF 1425 $20.00 $28,500.00 C-2 8"PVC Sanitary Sewer(6-8'Cut) LF 1524 $35.00 $53,340.00 C-3 8"PVC Sanitary Sewer(8-10'Cut) LF 1372 $45.00 $61,740.00 C-4 8"PVC Sanitary Sewer(10-12'Cut) LF 1424 $55.00 $78,320.00 C-5 8"PVC Sanitary Sewer(12-14'Cut) LF 393 $65.00 $25,545.00 C-6 Manhole 4'Diameter(0-6') EA , $3,000.00 $12,000.00 C-7 Manhole 4'Diameter(6-8') EA 9 $3,500.00 $31,500.00 C-8 Manhole 4'Diameter(8-10') EA 8 $4,000.00 $32,000.00 C-9 Manhole 4'Diameter(10-12') EA 3 $4,800.00 $14,400.00 C-10 Manhole 4'Diameter(12-14') EA 3 $5,000.00 $15,000.00 C-11 6" Single Sewer Service EA 26 $400.00 $10,400.00 C-12 6" Double Sewer Service EA 42 $600.00 $25,200.00 C-13 Television Inspection(Preliminary&Final) LF 6138 $1.20 $7,365.60 C-14 4"Force Main(on-site) LF 1562 $20.00 $31,240.00 C-15 Pump Station EA 1 $111,000.00 $111,000.00 On-Site Subtotal $537,550.60 OFF-SITE C-15 4"Force Main(off-site) LF 1280 $20.00 $25,600.00 C-16 Air Release Valve EA 2 $1,000.00 $2,000.00 C-17 Plug Valve EA 1 $1,000.00 $1,000.00 Off-Site Subtotal $27,600.00 I TOTAL $565,150.60 16A9 MOCKINGBIRD CROSSING AT CALOOSA RESERVE ENGINEER'S OPINION OF PROBABLE COST SCHEDULE "D" POTABLE WATER DISTRIBUTION Includes furnishing and handling of all required materials,joint restraint,thrust blocks, connections to other pipelines,all excavation(including rock and over-excavation if necessary),dewatering, bedding material (if necessary), pipeline installation, back filling(imported fill if necessary), compaction,compaction testing in roadway areas,pressure testing,disinfecting pipelines, flushing, clean-up including resodding areas previously sodded, seeding all areas disturbed by construction, providing complete as-built drawings and other items necessary to complete the system and provide the Owner, DEP and Collier County with a complete working water distribution system as shown on the drawings and specified in these contract documents. UNIT TOTAL ITEM DESCRIPTION UNIT QTY PRICE PRICE D-1 8" PVC Water Main LF 6782 $18.00 $122,076.00 D-2 8"Gate Valve w/Box EA 11 $950.00 $10,450.00 D-3 Fire Hydrant(Complete Assembly) EA 14 $2,370.00 $33,180.00 D-4 Temp./Perm. Bacterial Sample Point EA 2 $990.00 $1,980.00 D-5 3/4" single water service (meter) EA 16 $125.00 $2,000.00 D-6 3/4" Double water service (meter) EA 47 $200.00 $9,400.00 D-7 4" Conduit LF 25 $12.00 $300.00 On-Site Subtotal $179,386.00 OFF-SITE D-8 12" PVC Water Main LF 2420 $28.00 $67,760.00 D-9 Water Air Release Valve EA 1 $1,000.00 $1,000.00 D-10 Dead-end Fire Hydrant EA 1 $2,370.00 $2,370.00 Off-Site Subtotal $71,130.00 TOTAL $250,516.00 MOCKINGBIRD CROSSING AT CALOOSA RESERVE ENGINEER'S OPINION OF PROBABLE COSTS SCHEDULE "E" 1 6 A 9 STORM DRAINAGE Includes furnishing and handling of all required materials,dewatering,bedding material(if necessary),rock removal and disposal off-site(if necessary), installation,backfilling,compaction,compaction testing in road- way areas,final grading,coordinating with other contractors and utility companies, flushing,clean-up, seeding,sodding of all areas disturbed by construction,repair of any damage caused by construction and other items necessary to complete the system and provide the owner,Collier County DOT and FDOT with a complete working drainage system as shown on the drawings and specified on these contract documents. Pipe measurement is to the outside of the structures. ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE E-1 15" RCP LF 535 $29.00 $15,515.00 E-2 18"RCP LF 1352 $35.00 $47,320.00 E-3 24" RCP LF 1198 $52.00 $62,296.00 E-4 30" RCP LF 1253 $72.00 $90,216.00 E-6 18" Head Wall EA 4 $1,000.00 $4,000.00 E-7 24" Head Wall EA 6 $1,500.00 $9,000.00 • E-8 30" Head Wall EA 9 $1,800.00 $16,200.00 E-10 Valley Gutter Inlet EA 26 $2,500.00 $65,000.00 E-11 Type C Inlet EA 4 $2,500.00 $10,000.00 E-12 Water Control Structure EA 1 $2,600.00 $2,600.00 E-13 Junction Box Type C EA 1 $2,500.00 $2,500.00 E-14 Bubble-up Inlet EA 2 $2,500.00 $5,000.00 TOTAL $329,647.00 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #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 throw h routine lines #I throw b #4 corn lete the checklist and to rd t S F rwa o 7 Route to Addressee(s) List in muting order Office ue ison Initials hoe #5. Date I. Pu -6 Initial av og 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Date Item was 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed Approve b the BCC Z D I 4. ( &,A . Type of Document _ 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. Nomtally 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 6 LLn� b.t Phone Number appropriate. Initial Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Date Item was Agenda Item Number signed by the Chairman, with the exception of most letters, must be reviewed and signed Approve b the BCC Z D I ( &,A . Type of Document _ Number of Original Attached I�SI�01� contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRUCTIONS & CHRCKI TS"T 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 i 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 incorpora ed in the attached document. The t'10 an option for County Attorney's Office has reviewed the changes, if applicable. I V Y I line 6. C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16Al2 RESOLUTION NO. 08-185 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN CEDAR HAMMOCK — UNIT 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 36, PAGES 5 THROUGH 8; 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 CEDAR HAMMOCK GOLF & COUNTRY CLUB HOMEOWNERS' ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on August 1, 2000 approved the plat of Cedar Hammock — Unit 2 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 Community Development 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 Cedar Hammock — Unit 2, pursuant to the plat thereof recorded in Plat Book 36, pages 5 through 8, 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 Cedar Hammock Golf & Country Club Homeowners' Association. This Resolution adopted after motion, second and majority vote favoring same, this a q 0' day of Su ».L 2008. DATE: �� - �Qg ATTEST: )WIGHT E. BROGK, CLERK 6 1�IIpLYTf' WIl � Approved as to form and legal suffi Je4.prfght Assist6rit Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:� ENNING, CHAI Item# VaPa Agenda r _ �t l�.F� Date lIL° �� Date c -ajp" Red ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPS 6 A 13 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board 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 si¢natum. draw a line through routine lines # I thrnvnh #4 rmm,lete thr. rh ✓etrlfer —r! r .M .n e.. ca•..., Route to Addressee(s) List in muting order Office Initials Date 1. C%EFs 6n Initial) at 2. Original document has been signed/initialed for legal sufficiency. (All documents to be f C 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed Approved b the BCC Ca,eZ4(C) 4. y (&-,4- t3 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original 6. Minutes and Records Clerk of Court's Office Lj-,, O 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/prepamd 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 p 44 d Initial) _ S ^ Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be f C Agenda Item Number signed by the Chairman, with the exception of most letters, must be reviewed and signed Approved b the BCC Ca,eZ4(C) y (&-,4- t3 Type of Document r Number of Original Attached Lj-,, O Documents Attached Chairman and Clerk to the Board and possibly State Officials. INSTRUCTIONS & CHF,CKI.TCT 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 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. an 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 (enter date) and all changes N/A is not made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the changes, if applicable. line 6. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16 A 13 RESOLUTION NO. 08- 186 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN CEDAR HAMMOCK — UNIT 4, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 37, PAGES I THROUGH 3; 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 CEDAR HAMMOCK GOLF & COUNTRY CLUB HOMEOWNERS' ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 26, 2001 approved the plat of Cedar Hammock — Unit 4 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 Community Development 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 Cedar Hammock — Unit 4, pursuant to the plat thereof recorded in Plat Book 37, pages 1 through 3, 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 Cedar Hammock Golf & Country Club Homeowners' Association. This Resolution adopted after motion, second and majority vote favoring same, this a40ti day of 2008. DATE:: G��, aW8 ATTEST: DWIGHTE. BROCK, CLERK I Al Qj"If v i Witpr* Approved as to form and legal sufficiency; Jef E. Wright Assi ant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TO HENN G, CHAI I 9 Date Recd ORIGINAL DOCUMENTS CHECKLIST & ROUTING s46 A 14 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should 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 sienature. draw a line thmnoh —tin a I;,— AT .h.,.,,,.w xn ,....__te._ .L_ Route to Addressee(s) Office Initials Date List in routing order a ro riate. Initial) S 1. (� Agenda Item Number ui CDE inU 'vn (p -2y -o$ 2. �S� °(M —� Number of Original 3. resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached 4. contracts, agreements, etc. that have been fully executed by all parties except the BCC N 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. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact jkr1 Phone Number ' a ro riate. Initial) S Agenda Date Item was (� Agenda Item Number Approved b the BCC �L4��( tie. Type of Document Attached �S� °(M —� Number of Original resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached TNCTRTTCTTf1N.c R. C'T71Wfui icT 1: Ferris/ 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 a ro riate. 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 N 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 \ r document or the final negotiated contract date whichever is a applicable. al 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 + (enter date) and all changes N/A is not made during the meeting have been incorporated in the attached document. The an option for Counq Attorney's Office has reviewed the changes, if applicable. line 6. 1: Ferris/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16 A 14 RESOLUTION NO. 08- 187 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN CEDAR HAMMOCK — UNIT 6, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 40, PAGES 30 THROUGH 32; 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 CEDAR HAMMOCK GOLF & COUNTRY CLUB HOMEOWNERS' ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 27, 2001 approved the plat of Cedar Hammock — Unit 6 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 Community Development 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 Cedar Hammock — Unit 6, pursuant to the plat thereof recorded in Plat Book 40, pages 30 through 32, 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 Cedar Hammock Golf & Country Club Homeowners' Association. This Resolution adopted after motion, second and majority vote favoring same, this g0h day of 'Sung. 2008. DATE: 0-0of c)-�, 00O T ATTEST: , DWiGFTT> E. BROCK, CLERK C ir�aft AS LC' k leip�� `owl � Approved as to form and legal sufficiency: A�� Je . Wright Assi tant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM ENNDtj, CHAI I' Item # 1L (�t�L Date Date (/�� Recd �t •• 1 i THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE OFFICE AS OF June 5, 2009 #16s2 THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE =Do I OFFICE AS OF June 5, 2009 #16B4 THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF June 5, 2009 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 2 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 torwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through 94 as appropriate for additional signatures, dales, and/or information needed. If the document is already complete with the a....., - r...e .h.......h +; ❑n— k th.,. ,oh 9d rho rhr tr1kt and forward to Gw Filenn ll inr k51 Route to Addressee(s) (List in routing order) Office Initials Date Contact appropriate. (Initial) Applic able) 2. June 24, 2008 Agenda Item Number 16C2 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Executive Summar nd s ution 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 Chaimtan's signature are to be delivered to the BCC office only after the BCC has acted to approve the ... Name of Primary Staff Pam Collis Phone Number 403 -2359 Contact appropriate. (Initial) Applic able) Agenda Date Item was June 24, 2008 Agenda Item Number 16C2 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Executive Summar nd s ution Number of Original 1 Attached resolutions, etc. signed by the County Attomey's Office and signature pages from Documents Attached INSTRITCTIONS Ar CHF,CKLIST 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, ••Y 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 Ls 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 Lr 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 G 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 6/24/2008 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. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16C2�t EXECUTIVE SUMMARY Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certain Sewer Special Assessments for the 2008 tax year. OBJECTIVE: That the Board of County Commissioners as the Governing Body of Collier County and as Ex- Officio the Governing Board of Collier County Water -Sewer District adopt a Resolution approving the deferral of sewer assessments pursuant to the hardship program adopted in 1996. CONSIDERATIONS: On August 13, 1996, the Board of County Commissioners adopted Resolution No. 96 -358 (aka: Resolution No. CWS -96 -9) that established an assessment hardship program to provide annual assistance for property owners living below the poverty level and at risk of losing title to their homes because of each assessment. Section 4 of Resolution No. 96- 358 sets forth the eligibility requirements for deferral. Staff reviewed the deferral applications to determine the portions of the assessment available for deferral. Applicants provided documented proof of income that must fall within the Federal Poverty Guidelines as provided by the Collier County Housing and Human Service Department (see Exhibit `B "). The deferred amounts will not appear on the 2008 tax bills. Each property owner must renew his /her application on an annual basis. The accounts qualified for the deferral under Resolution No. 96 -358 are identified as follows: Proiect Account Number Deferred Amount Percent of Deferral 51000 450508 $ 265.15 90% 51000-- 230605 $ 210.77 100% 51000 406808 $ 250.91 100% Exhibit "A" contains more detailed information about each account. FISCAL IMPACT: The fiscal impact of the proposed deferral for 2008 is $726.83. Sufficient funds are available in the Collier County Water -Sewer District debt service fund to ensure compliance with current debt service requirements. The recording cost of this Resolution in the public records is $18.50, which should be charged to the County Water /Sewer Operating Fund (408). LEGAL CONSIDERATIONS: The County Attorney Office has approved the proposed Resolution for form and legal sufficiency — JAB. 1 I6C2 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners as the Governing Body of Collier County and as Ex- Officio the Governing Board of Collier County Water -Sewer District: adopt a resolution approving the 2008 sewer assessment deferrals and authorize staff to make appropriate adjustments to the assessment rolls prior to tax bills being issued; and, record the adopted resolution in the Official Records of Collier County, Florida. PREPARED BY: Pamela Callis, Revenue Supervisor, Utility Billing & Customer Service. Sewer Hardship Deferrals Ann P. Jennejohn From: Ann P. Jennejohn Sent: Friday, June 27, 2008 12:56 PM To: Callis, Pam Subject: RE: Sewer Hardship Deferrals Great, so I'm only going to record the Resolution and Exhibit "A ". Thanks for your help, Ann From: callis_p [ mailto :PamCallis @colliergov.net] Sent: Friday, June 27, 2008 12:42 PM To: Ann P. Jennejohn Cc: Belpedio, Jennifer; Riesen, Teresa Subject: RE: Sewer Hardship Deferrals Page 1 of 2 16C2 We realize exhibit B was only stated in the executive summary. The customer is supplied with a copy of both in their packet, at the time they sign the agreement, as well. Thank you. Pam Collis, Revenue Supervisor Collier County Government Utility Billing & Customer Service Dept. 4420 Mercantile Avenue Naples, FL 34104 Phone (239) 403 -2350 Fax (239) 213 -5819 Email address: pamcallis( &colliergov.net From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Friday, June 27, 2008 12:29 PM To: callis_p; belpediojennifer Cc: ChinnDeborah Subject: Sewer Hardship Deferrals Hi, I'm processing Resolution 2008 - 188 /CWS 2008 -01 Quick question for you. I see Exhibit "A" is referenced in the Resolution, but not "Exhibit B ". 7/7/2008 Sewer Hardship Deferrals Page 2 of 2 1602 Does this matter to you? Just let me know. Thanks, Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann. jennejohn@collierclerk.com) 7/7/2008 RESOLUTION NO. 2008 -18§ RESOLUTION N0. CWS- 2008D1 RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, APPROVING THE SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN SEWER SPECIAL ASSESSMENTS FOR THE 2008 TAX YEAR. 16C2 WHEREAS, the Board of County Commissioners in its individual capacity as the Governing Body of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, ( "Board ") established by Resolution No. 96 -358 (aka Resolution No. CWS -96 -9) a program for the deferrals of special assessments for water and/or sewer improvements for homeowners who qualify under the Resolution; and WHEREAS, Section Eight of Resolution No. 96 -358 provides that the Board shall approve by resolution the special assessment hardship deferrals which shall include the property owner's name, mailing address, legal description of the property, property folio number, the name of the special assessment district, account number and the amount of the annual special assessment payment being deferred and that the resolution shall be recorded in the Official Records of Collier County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT THAT: 1. The owners identified on Exhibit "A" have been approved for the special assessment hardship deferral. 2. This Resolution shall be recorded in the Public Records of Collier County, Florida. 3. This Resolution shall become effective immediately upon its adoption. THIS RESOLUTION ADOPTED after motion, second and majority votethis ON day'Nf T NE 2098. ATTEST:., BOARD OF COUNTY COMMISSIONERS OF DWIGH'F E. BROCK, CLERK COLLIER COUNTY, FLORIDA; -AS EX- OFFICIO THE GOVERNING BOARD ICE THE WATER- SEWER DIST CT rk Etest as, t4; ° tigaaLwt 0�1� By. TOM HENNI G, CHAI Approval as to form and legal Sufficienc Jennifer A. 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O a °I z ! z III O O W C Qj V1 o y EL J .-a N M 7 to tD ! n 00 Ol O !I. N 'n h H `1 VI I I i vl N u�i Q C of 0J 3 Q LL p ° 0 RESOLUTION N0. 96- 358 RESOLUTION NO. cWS -96- 9 RESOLUTION N0. NWS -96- 2 RESOLUTION NO GWD -96- 2 A RESOLUTION ESTABLISHING A HOUSING ASSISTANCE PROGRAM BY PROVIDING AID AND ASSISTANCE FOR CERTAIN QUALIFIED HOMEOWNERS WHO ARE RESIDENTS OF COLLIER COUNTY WITH ASSISTANCE IN PAYMENT OF ANEiUAL CHARGES FOR SPECIAL ASSESSMENT LIENS FOR WATER AND /OR SEWER IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF WATER AND SEWER REVENUES FOR A SPECIAL ASSESSMENT HARDSHIP PROGRAM; ESTABLISHING ELIGIBILITY REQUIREMENTS; ESTABLISHING LIMITATIONS; REQUIRING THAT APPLICATIONS BE FILED BY A CERTAIN DATE; PROVIDING FOR ADMINISTRATIVE DETERMINATIONS OF ELIGIBILITY FOR COUNTY ASSISTANCE; PROVIDING FOR AN APPEAL FROM A DETERMINATION OF INELIGIBILITY FOR COUNTY ASSISTANCE; PROVIDING FOR RECORDING OF THE HARDSHIP LIEN; PROVIDING FOR PAYMENT OF THE HARDSHIP LIEN UPON SALE OR TRANSFER OF THE PROPERTY; PROVIDING FOR APPROVAL OF ANNUAL SPECIAL ASSESSMENT HARDSHIP PROGRAM DEFERRALS; PROVIDING FOR VIOLATIONS AND PENALTIES; SUPERSEDING RESOLUTION NO. 94 -148, NO. CWS -94 -2, NO. MWS -94 -1 AND NO. GW -94 -1; AND PROVIDING AN EFFECTIVE DATE. 16C� AUG 1 31996 WHEREAS, the Board of County CCmmiesioners of Collier County in its individual capacity as the governing body of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, the Goodland Water District and the Marco Water and Sewer District, (hereinafter referred to as the "Board ") establishes special assessment programs and undertakes programs providing improvements in residential areas and particularly in subdivisions developed prior to requirements for reasonable mandatory improvements; and WHEREAS, a special assessment program provides for the funding of such improvements through the establishment of special assessment charges and liens in accordance with the benefit received by each lot or parcel of land in the subdivision or neighborhood; and WHEREAS, the Board typically borrows funds to build such improvements secured by a pledge of the special assessment liens; and 500( 0001AI 1 J AUG 1 31996 1602 WHEREAS, to provide for the efficient administration of a program for collecting special assessment liens, the Board typically authorizes the collection of special assessment liens in the manner provided for ad valorem taxes as provided in Section 197.3632, Florida Statutes; and WHEREAS, the Board has determined that a limited program offering assistance to low income homeowners who may risk losing title to their home due to the inability to pay special assessment charges when due would relieve the public from the demand and burdensome costs associated with such displaced families and homeowners; and WHEREAS, the Board of County Commissioners of Collier County has determined that the allocation of funds for the establishment of the special assessment hardship program and that the special assessment hardship program as authorized herein constitutes a valid public purpose; and WHEREAS, to the extent funds may be allocated, it is the intent of this Resolution to provide relief to certain qualified homeowners who may be at risk of losing title to their home due to the inability to pay a special assessment lien. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, THE GOODLAND WATER DISTRICT A14D THE MARCO WATER AND SEWER DISTRICT, that: SECTION ONE: Policy and Intent, The intent of the Special Assessment Hardship Program is to provide a program of assistance to permanent residents of Collier County who are living below the poverty level and are at risk of losing title to their homes as the result of water and /or sewer improvements funded in whole or in part by special assessment liens imposed by Collier County, the Collier County Water -Sewer 600( 1100r.-.r 480 16C2 AUG 1 31996 District, the Goodland Water District and the Marco Water and Sewer District. It is the policy of the governing board that the Special Assessment Hardship Program be interpreted broadly in order to effectuate the intent. SECTION TWO. Definitions. The following words or phrases as contained in this Resolution shall have the following meanings unless otherwise stated: "Affected District" means the County, Collier County Water -Sewer District, Marco Water and Sewer District, or the Goodland Water District authorizing the construction of the water and /or sewer capital improvements. "Board" means the Board of County Commissioners as the governing body of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, the Marco Water and Sewer District and the Goodland Water District. "Disabled" means that a person has a physical or mental impairment which substantially limits the person's ability to obtain employment and that the person has a record of having such an impairment as certified by at least one physician or where the applicant has obtained tax exempt status for totally and permanently disabled person under Section 196.101, Florida Statutes, or has been found eligible under any State or Federal program applying similar criteria. "Zarninas or Family Earninaa" means adjusted gross earnings and support from all sources, including non - taxable sources of support, received by all family members, including rental revenue. "Elderly" means a person who will be sixty -five (65) or older prior to January 1, of the year in which assistance is granted. ."", Oran., 4% -1 1602 AUG 1 31996 "Fami " means husband, wife and minors and related or unrelated individuals residing in a household who receive more than 5ot of their support from the Family Earnings. "QwneE" means; a) one who holds legal or beneficial title in equity to real property in Collier County, or b) one who is the relative of a decedent who held legal title or beneficial title to such real property and has paid all ad ialorem taxes on the property in the prior year. "R a 'v " means one who is related to the owner as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, steufather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister. SECTION THREE: 241erral of special Aeieeam r n " ments Authorized The deferral of all or a part of the annual payments due for special assessment liens for water and /or sewer capital improvements established in accordance with the terms of this Program is hereby authorized. In the event the deferral of a special assessment payment leads to a shortfall in revenues necessary to meet annual debt service requirements, the Board shall, through the use of water and /or sewer revenues collected within the affected District fund the shortfall. Assistance shall be based upon the total family income, as adjusted to reflect family size. SECTION FODRe &liaibility Raauirsment■ Eligibility requirements shall include the following minimum criteria and such additional criteria as may from time to time be established by the Board: A. The occupant is the owner of the property and is entitled 16C2 AUG 1 31996 to claim homestead tax exemption under the Constitution of the State of Florida. Proof of obtaining homestead tax exemption by the Property Appraiser of Collier County shall establish fulfillment of this requirement, but shall not preclude the establishment of the criteria by the Board that would permit the granting of assistance where the occupant is the elderly parent of the owner, a relative of the owner who is disabled or an heir or relative of a deceased owner. B. All ad valorem taxes on the property have been paid or the owner has obtained a homestead tax deferral. C. The owner is prepared to pay, or qualified to obtain a homestead tax deferral for the current ad valorem taxes when due. U. The property is not the subject of pending or threatened foreclosure action and that no mortgage or other encumbrance creating a lien against the property is in default. E. A sworn statement of the owner's intent to remain qualified for homestead exemption except where the homestead exemption requirement is not applicable and that the property is not encumbered by a contract for sale at the time of the application. F. Allowable family earnings shall be at or below the levels established from time to time, based upon the poverty level guidelines published by the Federal Government. Such criteria shall be used as guidelines and for the initial determination of eligibility provided, however, any such determination shall be subject to the limitations set forth by Resolution. Until amended by the Board, the earnings criteria shall be as established in Exhibit "A" attached hereto and incorporated herein. SECTION Flvzt kuu"tioas Annually, the Board, in its sole discretion, shall determine the amount of the annual assessment charges within the affected Sao( 48,3 AUG 13 19% 1602 districts to be deferred until the property is transferred to another owner. The provision of assistance in any one year shall in no way establish a right or entitlement to such assistance in any subsequent year. As soon as possible after the deadline for submission of applications and filing appeals, the County Administrator shall advise the Board of the approximate assessment deferrals necessary. If the amount approved is insufficient to provide assistance to all owners who are eligible, assistance shall be granted to the eligible owners with the lowest earnings based upon consideration of family. The deferred assessments shall be repaid to the County or the Affected District upon the sale, transfer or lease of the property subject to the assessment to another owner or at the time the owner no longer qualifies for assistance, whichever occurs first. If repayment is triggered by the sale or transfer of the property, the deferred assessment must be immediately repaid. If the repayment is triggered by the Owner no longer qualifying for assistance, interest shall accrue on the deferred assessments at the same rate as the rate being charged to all property owners within the assessment project until the full amount of the deferred assessment is repaid. Interest shall begin accruing at the time the Owner no longer qualifies for assistance. The sale or transfer of the property to a family member residing with the owner at the time of transfer shall not trigger the repayment of the deferred assessment; provided that, the new owner meets the deferral guidelines. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Owner's property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the Affected District or the County. BOOK flOO ��.: V4 16C2 AUG 1 31996 SECTION SIX: Submission of Applicati o 'red and Deadlines Established. A. Submission Required: A homeowner wishing to obtain assistance under the Special Assessment Hardship Program must submit an application on a form prescribed by the County and furnished by the County Administrator, or his designee. The application form shall be signed upon oath by the applicant before an officer authorized by the State to administer oaths. The applicant shall be required to provide such other evidence and documentation as deemed necessary by the County Administrator or his designee in considering the application, including but not limited to, an affidavit of all family earnings and support. The submission of false, misleading or incomplete applications and the failure to provide appropriate documentary evidence in support of an application prior to the deadline for the submission of an application shall constitute grounds for denial of the application. B. Application Deadlines: Complete applications and documentation must be submitted by June i of the year preceding the tax year in which assistance is sought. The first year assistance will be available is the 1994 tax year. Thus, complete applications must be received for the first year prior to June 1, 1994. SECTION SEVEN: Administrative Determination of E1 aibii+k}. The County Administrator shall assign the responsibility for reviewing applications to appropriate staff; who shall be responsible for advising applicants of the need for additional evidence and documentation and providing applicants with notice of the final staff determination of the applicants eligibility status and the right to appeal the determination. 16C2 AUG 1 3 1996 Anyone wishing to appeal the staff determination of ineligibility may do so by requesting a hearing before the Board within fifteen (15) days after a notice of the determination of the staff determination of ineligibility. An applicant will be notified of a time and date at which their appeal will be considered by the Board, which date shall be no sooner than seven (7) days after the filing of an appeal. The Board shall not be required to consider any evidence or documents not presented for review by staff but may, in order to fulfill the purposes of the Special Assessment Hardship Program, request and receive additional evidence and testimony in order to effectuate the purposes of the Special Assessment Hardship Program. SECTION EIGHT: Avnroval of lnnugl Special Assessment Hardahiv Progrkm Deferr4la, The Board shall approve each year by Resolution the Special Assessment Hardship deferrals which shall include the property owner's name, mailing address, legal description of the property, property folio no., the name of the special assessment district, account number and the amount of the annual special assessment payment being deferred. The Resolution in its entirety approving the annual special assessment hardship deferrals shall be recorded in the Official Records of Collier County, Florida. SECTION NINE: Violations and Penalties, The submission of a false or fraudulent application or false or fraudulent documentation in support of an application shall constitute a violation of this Program. Upon finding that assistance has been granted based upon a fraudulent application or an application containing fraudulent, false or misleading information, the Board may act to collect a special assessment for which assistance was granted. Nothing herein shall prohibit Collier County from exercising other remedies available under the Laws of Florida. sou 000,.-. 48(; AUG 1 3 M SECTION TEES Prior Resolutions Bunereeded This Resolution shall supersede in its entirety Resolution No. 94 -148, CWS -94 -2, KWS -94 -1 and GW -94 -1. SECTION ELEVENt Effective Date. This Resolution shall become effective immediately upon its adoption. uuin This Resolution adopted this _d,L day of 1996, after motion, second and majority vote. ATTEST:..: BOARD OF COUNTY C.ONlf$SSIONERS DWIGHT E-.. 9ROCK, CLERK COLLIER COUNTY, FLORIJOAL As. THE ,` • �;• % GOVERNING BODY OF COLLIER•rCAUNT�!• (. AND EX- OFFICIO THE GOVERNING �= BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, THE MARCO ' WATER AND SEWER DISTRICT "AND MiE.- GOODLAND WATER DISTRICT ... .> . BY: •., C. NORRIS, 'CHAIRMAN ' Approved as to form and legal sufficiency: Uu vid C. We gel County Attorney Inn . ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLID C 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 ex eml Complete ofthe Chnes al'through #4 as appropriate I'or additional signatures,_ dates, and/or information needed. If ire document is already complete with the - - -- - -- - - -- - °- Route to Addressee(s) (List in routin order �_....6 • •�_ ..,�ue +_ wu�pmrc we cncc�:na, ana Office Iorwarci to Sue Filson Initials (line #5). Date 1. rrtc,uu� (Initial) H2.-7C Agenda Dale Item was signed by the Chairman, with the exception of most letters, must be reviewed and signed Agenda Item Number 3. 2,1 G C- C :3 4. //�� /- 1col> 't' 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 (fhe primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared is executive summary. primary contact information is needed in the event one of the addressee 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 alter the BCC has acted to approve the item_) Name of Primary Staff Contact ��tawt`«�-- Phone Number N/A (Not 1. rrtc,uu� (Initial) H2.-7C Agenda Dale Item was signed by the Chairman, with the exception of most letters, must be reviewed and signed Agenda Item Number Ap2roved by the BCC 2,1 G C- C :3 Type of Document Attached //�� /- 1col> 't' Number of Original vx eI,3 Documents Attached INCTRI Tf T1nNC ,e, rucrlwit .cT I Forms/ County Forms/ BCC Forms/ Original Doeuments Routing Slip W WS Original 9.03.04, Re%Ised 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. appropriate. Original document has been signed /initialed for legal sufficiency. (All documents to be (Initial) Ap licable) 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 A 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 pat-ties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. �L 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! 4, 6. The document was approved by the BCC on „ 1. "(enter date) and all changes made during the meeting have been incorporated in t e attached document. The County Attorney's Office has reviewed the changes, if applicable. I Forms/ County Forms/ BCC Forms/ Original Doeuments Routing Slip W WS Original 9.03.04, Re%Ised 1.26 -05, Revised 2 24 05 16C3 MEMORANDUM Date: June 26, 2008 To: Dianna Perryman, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Exhibit A -1- Contract #05 -3831: "FEMA Acceptable Monitoring Disaster Debris Management" to delete language under Section 19 Contractor's: R.W. Beck Inc. (2) Post, Buckley, Schuh, Jernigan Inc. (2) Solid Resources, Inc. (2) Attached please find two original exhibit amendments for each contractor referenced above, (Agenda Item #16C3), approved by the Board of County Commissioners on Tuesday, June 24, 2008. A set of original documents have been retained in the Minutes and Records Department and copies have been sent to the Finance Department. If you should have any questions, please contact me at 252 -8406. Thank you. (Attachments 2 X 3) EXHIBIT ,% -1 Contract Amendment 05.3831 "FEMA ACCEPTABLE / MONITORING DISASTER DEBRIS MANAGEMENT" 6 This amendment, dated ,Z 2008 to the referenced agreement shall he by and between the parties to the original agreement, Beek Disaster Recovery Inc. (to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "County "). Statement of Understanding The following change to the above referenced Agreement has been mutually agreed to by the Contractor and the County: The deletion of the existing language in Section 19 of the Agreement is shown herein by strikedrrougks: 19. OFFER EXTENDED TO OTHER GO 'ERN ENTAL 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. All other terns mid conditions of the Agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONTR C1'OR: Becki s1erRve , nc. By: A thorized Signato J athan aurgiei, CEO P.dni Name mod Title ATTEST: ght E. Brock, Jerk Atu", es to f aaa s Vgnatun oil Ito Approved as toTorm and Legal sufficiency: 0 Assistant County• Anomoy Accepted: _ &'116 2.e1 —2008 OWNER: BOAmi:�i COd COL By: 16C3 EXHIBIT A -1 Contract Amendment 05 -3831 C3 "FEMA ACCEPTABLE" MONITORING DISASTER DEBRIS MANAGEMENT" This amendment, dated (P Z'1 2008 to the referenced agreement shall be by and between the parties to the on inal agreement, Post Buckley, Schuh, Jernigan, Inc., (to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as °County"). Statement of Understanding The following change to the above referenced Agreement has been mutually agreed to by the Contractor and the County: The deletion of the existing language in Section 19 of the Agreement is shown herein by striketh-agh- 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. fl All other terms and conditions of the Agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Accepted: _1/U h8 _,2008 CONT C)'OR: Post 1 ey, Schuh ig ,Inc By: Autl rized ign cry Wayne, ?. Overma s—ce President Pint Name and Title ATTEST: .�vight E. Brock, erk Attnt. is s signatwe on] a Approved as to form and Legal sufficiency: 4 Assistant County Attorney OWNER: BOARD OF COYNTY COMMISSJOYERS COLLIER TY, FL A By: �--�- Tom Henning, Chairman To: 941 -379 -0946 From: DeLeonDiana [ f� 05/02/08 08:53 AM Page 2 of 3 V y EXHIBIT A -1 Contract Amendment 0538]] -FEMA ACCEPTABLE MONI'TORING DISASTER DEBRIS MANAGEMENT' &' 2, ` This amendment, dated 2008 to the referenced agreement shall be by and between the parties to the original agreement, Solid Resources, Inc., (to be referred to as 'Contractor`) and Collier County, Florida, (to be referred to as'Couaty') Statement of Understanding The following change to the above referenced Agreement has been mutually agreed to by the Contractor and the County: The deletion of the existing language in Section 19 of the Agreement is shown herein by 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. All other terms and conditions of the Agreement shell remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, herounder set their hands said seals on the date(s) indicated below. Accepted'. n F •'- V , 2008 CONTRACTOR: Solid Resources Inc. / By: //. Authorized 9 gnatory Print Namej and Title ATTES'L f f� wr hl E: B;o.k Clerk as to CM OgnatVre 00%, Approved as to form and Legal u rim Assistant County Atto OWNER: BOARD OF COUNTY COMMIS3 COLLIER CO Y, FLORI By O ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 " C 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 don inn is should be hand delivered to the Board Office. I'he completed routing slip and original documents a]c 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 muting lines 91 thrnunh #a Co len- the Apr4H0 ,1 G. ..... .A o, ono c2...... I';__ «c. Route to Addressee(s) (List in routing order Office Initials Date 1. Contract Specialist (Initial) Applicable) Agenda Date Item was June 24, 2008 2. 16 -C -4 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 3. Type of Document Contract #08 -5080 — Hammerhead Number of Original 2 Attached Construction — Concrete /Pavin>Contractor 4. Colleen M. Greene, ACA County Attorney C 1 "' '' 07/23/08 5. Sue Filson, Executive Manager Board of County Commissioners Officials.) 6. Minutes anerryma d Records Clerk of Court's Office 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and 7. Diana Pn Purchasin all other parties except the BCC Chairman and the Clerk to the Board 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 Diana Perryman Phone Number 252 -4270 Contact Contract Specialist (Initial) Applicable) Agenda Date Item was June 24, 2008 Agenda Item Number 16 -C -4 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document Contract #08 -5080 — Hammerhead Number of Original 2 Attached Construction — Concrete /Pavin>Contractor 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 ..matter numbenAdocument numbera 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 CMG 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 1 The Chairman's signature line date has been entered as the date of BCC approval of the document or CMG 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 CMG 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 Jallahassee 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 06/24/08 and all changes made during the meeting CMG have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 7. Please return 1 executed on roof to Diana Perryman CMG 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9. 03.04, Revised 1.26.05, Revised 2.24.05 ..matter numbenAdocument numbera 16C4 MEMORANDUM Date: July 23, 2008 To: Dianna Perryman, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #08 -5080: "Hammerhead Construction — Concrete /Paving Contractor" Attached please find one (1) original document of each amendment, as referenced above, (Agenda Item #16C4), approved by the Board of County Commissioners on Tuesday, June 24, 2008. An original has been retained in the Minutes and Records Department and one has been sent to the Finance Department. If you should have any questions, please contact me at 252-8411. Thank you. Attachments (3) AGREE MEN T08 -5080 1604 for "Hammerhead Construction — Concrete /Paving Contractor" THIS AGREEMENT is made and entered into this 24th day of June, 2008, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "Owner ") and BQ Concrete, LLC, authorized to do business in the State of Florida, whose business address is 48 Wickliffe Drive, Naples, FL 34110 (hereinafter referred to as the "Contractor "). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on, June 24, 2008 and terminating June 23, 2009, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have four (4) one (1) year renewals, renewable annually under the same terms and conditions. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior'to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: Contractor shall provide complete services for on -call concrete, paving, reinforced driveway construction, and repair services on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid# 08 -5080 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Fifty Thousand Dollars ($50,000) or less, the Owner shall obtain a proposal from one or more of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Fifty Thousand Dollars ($50,000) and less than Two Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from all contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Division Administrator approval is required at this level. For projects over Two Hundred Thousand Dollars ($200,000) and less than Three Hundred Thousand Dollars ($300,000), competitive quotations shall be solicited from all contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The Page -1- 16C4 County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Hammerhead Construction — Concrete /Paving services shall not exceed Three Hundred Thousand Dollars ($300,000) for any one (1) project. Work orders shall not be required for emergency work but will be authorized by Purchase Order only. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work as stated in the Work Order, pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e -mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: BQ Concrete, LLC 48 Wickliffe Drive Naples, FL 34110 Mr. Buddy Quarles, Owner Telephone: 239 - 262 -7320 Facsimile: 239 - 594 -5351 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e -mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing /General Services Director Phone: 239 - 252 -8371 Fax: 239 - 732 -0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. Page -2- 1604 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 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 $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. Page -3- 1604 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. D. Pollution Liability Insurance: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury and property damage. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all 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/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. 12. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and /or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A ". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Page -4- 1604 13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 15. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and 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 supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. Page -5- 1604 16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 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. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the 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. 17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of Page -6- 6r written notice from Owner. Contractor shall also be responsible for and pay for replace entqr repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR EMPLOYEES The Contractor shall employ people to work on County projects who are neat, clean, well - groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. Page -7- r� 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. 25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Utility Billing & Customer Service Department. 26. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Bid No.08 -5080, any addenda, Exhibit A, and A -2, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 27. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 28. 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. 29. SALES TAX. 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. No markup shall be applied to sales tax. 30. 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. 31. 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. 32. 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. m b C4 33. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: tz Dwi t E. Brc*kl erk of -CoulP B _ n Dated:` Attest > o:CM left f r t n ss J f�- Morz(a7arJ Type /Print Witness Name w ,6.1 Second Witnes CI-IIARo F3. M4cg6ArJ Type /Print Witness Name Approved as to form and legal sufficiency: Rehert-a+Y Comm M•6reerl2 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COU PT Y, FLO IDA By: Tom Henning, Chairman CONTRACTOR BQ Concrete LLC B: Authorized Signature ��11D��/ QlJR2�E5 Typed Signature If)W tJ E 12- Title Item# `HOC" Date Date • 7 a Page -9- I ' EXHIBIT A PUBLIC PAYMENT BOND Bond No. _ Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 200, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200, the name of under - signed representative, pursuant to authority of its governing body. Page -10- Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: 16C4 The foregoing instrument was acknowledged before me this of 200_, by as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) ME Page -11- Witnesses STATE OF _ COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 200_, by as of Surety, on behalf of Surety. to me OR has produced as identification and oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -12- 16 C4 He /She is personally known who did (did not) take an EXHIBIT A -2 PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 200_, with Oblige for day of 6C ourselves, our heirs, in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige, and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: Page -13- Witnesses as to Principal STATE OF _ COUNTY OF By. _ Name: Its: 164 The foregoing instrument was acknowledged before me this day of 200_, by , as of a corporation, on behalf of the corporation. He /She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety Witnesses (Signature of Notary) Name: (Legibly Printed) Notary Public, State of _ Commission No.: SURETY (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) Page -14- STATE OF _ COUNTY OF 16C4 The foregoing instrument was acknowledged before me this day of 200_, by as of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -15- EXHIBIT D CHANGE ORDER CHANGE ORDER CONTRACT NO. 08 -5080 16C4 DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated 200_ You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ Original Agreement Amount Sum of Previous Changes This Change Order (Add) (Deduct) Present Agreement Amount The time for completion shall be (increased /decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now U calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: , 200 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA MR DESIGN PROFESSIONAL: M Page -16- WARRANTY 16C4 In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and /or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -17- Jul. 2. 2008 3:58PM PARLIN INS AGENCY 239 - 263 -8696 Pnllnl NIImHPrt Rn ROnD22AA No. 2716 P. 1 Date Entered! 5/1/2007 ACORD. CERTIFICATE OF L.IABIL.ITY INSURANCE ° 5/16/2008 PRODUCER Perlin Insurance Agency 2400 Tamiami Trai1 North, #401 PO Box 9289 Naples, FL 34101 Phone; (239)263-3141 FaX: (239)263 -869fi THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIL# INaurio BQ CONCRETE INC, BUDDY QUARLES 48 WICKLIFFE DR. NAPLES, SL 34110 INSURER ANORTHPOINTE INS. CO. UNTS INSURERS: v X INSURER C: 8090002256 INSURER D. 3/28/2009 INSURER E: 'I,DDD,ODO THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR LT OWL POLICY NUMBER POUCYEFFECT E FOLRYEXPIRATION UNTS A v X GENERAL LIABILITY CO MMERCIALGENERALLNBILRY 8090002256 3/28/2008 3/28/2009 EACH OCCURRENCE 'I,DDD,ODO DAMAGE TO R p E L S 100,000 CLAIMS MADE ® OCCUR MEO EXP An cpe omm $5,000 PERSONAL S ADV INJURY E7'I ODO /000 LIMITS ARE AS OF INCEPTION GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS•COMP /OPAOO $2,000,000 POLICY PRO- JECT LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Es awidenl) S SOOILYINJURY (Per m .... I S ALL OWNED AUTOS SCHEOULEOAVT08 BODILY INJURY (Pei POdbenS S HIRED AUTOS NON -OWNED AUTOS PROPERTYDAMAGE (Pere d.m) _ GARAGE LIABILITY AUTO ONLY- EAACCIDENT 8 OTHER THAN EAAGC i ANYAVTO i AUTO ONLY: ADO e %C ESSNMBRELLALIAEIUTY EACH OCCURRENCE 5 AGGREGATE S OCCUR CLAIMS MADE S S DEDUCTIBLE $ RETENTION 2 IW ONO WORKERS COMPENSATION WC STATU- 0TH - 1 PA E.L. EACH ACCIDENT S EMPLOYERS' LIABILITY ANY PROVRISTOWPARTNEWEXECUTIVE E.L. DISEASE - EA EMPLOYEE E OFMCERIMRMBERFXCLUDEDT S y63.Oe!"420 UMer SPECIAL PROVISIONS IxIOw EL. DISEASE, POLICY LIMIT S OTHER DESCRIPTION OF PE �p9�Lpg TI°Ng �yBHIGLE9 /B%CLUSIONSApppEO BY ENDORSEN6NT /SPECIAL FROMBIONB CONCRETE C�NSUCTIUA, MASONRY & FENCE El2RECTION ADDITIONAL INSURED; COLLIER COUNTY BOARD OF COMMISSIONERS Chris Mayr P071471 COLLIER COUNTY HOARD Or COMMISSIONCRS 3301 TAMIAMI TRAIL E. NAPLES, FL 33957 BID NO. 805080 rAx:252 -6597 ATTN: DIARNA PlPdu.d UNI19 Pwme 0Pe9 PIUL TaRxare. vww.FOrmsems.wm; ImWeswr9 Nblieh], 800.2°&18)] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BB CANCELLBO BEFORE THE EXFIMTION DATE THEREOF, THE ISSUING INSURER VALL ENDEAVOR TO MNL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE / LEFT,} FAILURE TO DO SO 6MLL IMPOSE NO OBLIGATION OR LIABILITY OF AI)AKINO LIFO HE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE DEEDRA WILLIAMS 16C4 07/09/2008 16:54 FAX A!"�BQN CERTIFICATE OF LIABILITY INSURANCE °7'8`M'"°°"' 7/8/2008 PRODUCER ENUMCED CCb=RCIAL SERVICES, INC P.O- Box 4726 N. Fort Myers, FL 33918 239 -652 -0251 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAICS INSURED B Q Concrete LLC 48 Wickliffe Drive Naples, FL 34110 _ (CII 239- 293 -8325 INSURER A A. Safety Risk Pet. Gzp. , Ina. A INSURER B: GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OLAIMSMADE 1:1 OCCUR x Cont- Pollution INSURER C: 07/06/09 INBUREA D EACH OCCURRENCE NSURER E: PREMISES a omme THE POLICIES OF INSURANCE LISTED BELOW HA'JE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT- TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 0 TYPE CIF w$VRANCE POLICY NUMBER DA E M MMI00 LIMBS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OLAIMSMADE 1:1 OCCUR x Cont- Pollution CP7.0199900801 07/06/09 07/08/09 EACH OCCURRENCE B 1.00 a 000 PREMISES a omme MPOFIP(AAYeA9p* ) PERSONALLADVINJURY El Liability GENERAL AGGREGATE 000 000 GEN'L AGGREGATE LIMIT APPLIES PER; POLICY JEOT LUC PRODUCTS- COMPIOPAGG e AUTOMOBILE LIABILITY ANYAUTO ALLOWNEDAUTOS SCHEDULEDAUTOS HIRED AUTOS NONAWNEOAUTOS COMBINED SINGLE LIMIT (EAa WdOM) BCDILYINJURY (Prp ) 9 BODILY INAIRY (Pww4.0) 9 PROPERTY DAMAGE (PNAONONR) S GARAGE LIABILITY ANYAUTO ALMO ONLY- EAACCEIENT 9 OTHERTHAN EAACC AUTOONLY; AM S 9 EXCESSNABRBLLA LIABILITY OCCUR CLAMSMADE DEDUCTIBLE RETENTION i EACH OCCURRENCE S AGGREGATE 8 S S 9 WORAERSCONPENSATIONANO EMPLOYERS' LIABILITY pNY PROPfl1ETORRAR1NENtEIEQRIVE Or yE ncn6uMe9R ccGLUBED'+ SP C AL PROV 910NS NM. dcHWundw EL EACH ACCIDENT S E.L. OISF?SE - EA EMPLOYE 9 EL DISEASE- S OTHER DESCRPTIONOFOPERATIONSCLOCATONSVEHICLES IE CLUSIONSADDED BYENDORSENENT JSPECALPROVISIONS Concrete Contruction Contractor Bid# 085080 Collier County Board County Commissioners 3301 E. Tamianli Trail Naples, F1. 34112 Fax: 239 - 252 -6580 BHDULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E RATADN DATE THEREOF, THE ISSUING INGMR VALL ENDEAVOR TO MAIL 10 GAYS WRITTEN Of NOTICE TO THE CERTFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO 80 SHALL PAPOSE NO OEUGATON OR LIABILITY OF ANY WIND UPON THE MEURER. ITS AGENTS OR Jul. 2. 2008 4:24PM No, 6114 P. 2/2 1 6 C 4 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID AA 1 miIMMMO°NY"" 8 CON - 07/02/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOIII ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Gulf Coast Insurance, Inc 7795 Davis Blvd., Suite 205 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW POLICY NUMBER POLICY EFFECTIVE DATE MICONV Naples FL 34104 Phone: 239- 403 -3940 Fax:239- 403 -3943 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA. Progressive Naples El. 34112 INSURER B EACH OCCURRENCE $ Bq Concrete Inc Buddy Quarles 48 W3cklisse Dr Naples FL 34110 INSURER INSURER COMMERCIAL GENERAL LIABILITY INSURER e THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOU RENENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIT H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, FHE INSURANCE AFFORDED BY IHE POLICIES DESCRIBED WERE IN +S SUBJECT 10 ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DER NS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MICONV POLICY MMV RATION DATE MINODNV LIMITS 3301 E Tamiami Trail GENERAL LIA &LITY AUTHORIZED REPRESENTATIVE Naples El. 34112 EACH OCCURRENCE $ Q�AGFTOAEFiE� PREMISES (Ea oCarenee) $ COMMERCIAL GENERAL LIABILITY MEDEXPIAnyonepersse) $ CLAIMSMAOE DOCCUR PERSONAL &ADVINJURY $ GENERAI. AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP /OPAGG $ POLICY F7 JPECAT 7 LOS A AUTOMOSILELIABILITY ANY AUTO 02592040 -4 04/05/08 04/05/09 COMBINED SINGLE LIMIT (Es a"'d"U $ 1000000 BODILY INJURY [Per person) f X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident $ HI RED AUTOS NON OWNED AUTOS PROPERTY DAMAGE (Per .—Hop $ GARAGE LIABILETY AUTOONLY- EAACCIDENT IF OTHER THAN EA ACC $ ANYAUTO E AUTO ONLY AGO EXCeIVIUMBEI LIABILRV EACH OCCURRENCE $ AGGREGATE $ OCCUR �CIAIMS MADE E $ DEDUCTIBLE $ RETENTION $ NORKERS COMPENSATION AND A AT TORYLIMITS ER EL EACH ACCIDENT $ EMPLOYERS' LIABILTTV ANY PROPRIETOR RIEXECUTIVE EL. DIS[ASE - EA EMPLOYE E OFF ICERRAEMBER EXCLUDED? If yes describe under SPECIAL PROVISIONS below ELD15FASE- POLICY LIMIT $ OTHER Conmercial Applica DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES $ EXCLUSIONS ADD® BY ENDORSEMENT / SPKIAL PROVISIONS 2005 Ford F350 Super TK IFDWF36585EC21297 COLLIE2 SHOULD ANY OF THE ABOVE DEWFISM POLICIES BE CANCEL-® BEFORE THE EXPIRATION DATE THMEOF, THE ISSUINOIMURERNILL ENOEAVCRTO MAIL 30 DAYS NnITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO CO SO SHALL Collier County IMPOSE NO OBUGATION OR UANUTI OF ANY KIND UPON THE INSURE, ITS AGEMS OR Board of County Commissioners 3301 E Tamiami Trail REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Naples El. 34112 Albert Doria Jr ACORD 25 (2001108) GULF COAST INS INC 7795 DAVI5 BLVD #205 NAPLES, FL 34104 239. 403 -3940 Certificate of Insurance PR99RE111YE" 16 C 4 Policy number. 02592040 -4 Underwritten by: PROGRESSIVE EXPRESS INSCOMPANY July 2, 2006 Page 1 o1 1 cettreta Naldar Ynomd Agent COLLIER COUNTY Boa BQ CONCRETE INC GULF COAST INS INC BID # 085080 48 WICKLIFFE DR 7795 DAVIS BLVD #205 330 TAMIAMI TRAIL E NAPLES, FL 34110 NAPLES, FL 34104 NAPLES, FL 34104 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the periods) indicated. This Ceni icate is issued for information purposes only. it confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy Effective Date: Apr 5, 2008 Policy Expiration Date: Apr 5, 2009 Ywranm c eraes(s) LLnes BODILY INJURY/PROPERTYDAMAGE 0,000,000 COMBINED SINGLE LIMIT UNINSURED MOTORIST $500,000 CSL NON- STACKED PERSONAL INJURY PRDTECTION $10,000 W/$0 DED - NAMED INSURED ONLY Description of Location/Vehides/Special Items Scheduled autos only 2005 FORD 650 SUPER DUTY 1 FDWF36585EC21297 Stated Amount $30,960 MEDICAL PAYMENTS $2,000 FIRE AND THEFT W/ CAC $500 DED COLLISION $1,000 DED Certificate number 18408NET040 Please be advised that the certificate holder will not be notified in the event of a mid -term cancellation. farts 5241 00A2) J ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper_ Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the cxceminn of the Chairman's signature. draw a line through routine lines # I through 44, complete the checklist- and forward to Sue Filson (line 45). Route to Addressee(s) (List in routing order) Office Initials Date 1. /� 1 Ct r'� 'i, (Initial) n�) (2 -7 O 2. ' - j Agenda Item Number 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. � -!-i 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 ( fhe 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 otthe addressees above, including Sue I'ilson, need to contact staftfor additional or missing information. All original documents needing the IW( Chairman's signature are to be delivered to the BCC office only alter the BCC has acted to approve the item_) Name of Primary Staff IT) Phone Number N/A (Not Contact /� 1 Ct r'� 'i, (Initial) n�) (2 -7 O Agenda Date Item was ' - j Agenda Item Number Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document � -!-i Number of Original Attached �m�tiEn- stir -t i f � i -• Documents Attached INSTRUCTIONS & CHECKLIST I_ 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) A plicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the Comity Attorney's , Office and all other parties except the BCC Chairman and the Clerk to the Board (4, 3. The Chairman's signature line date has been entered as the date of BCC approval of the -t 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. 0 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 made during the meeting have been incorporat 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 wwS Original 9.03.04, Revised 1 26 05, Revised 2 24 05 1604 MEMORANDUM Date: July 29, 2008 To: Dianna Perryman, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #08 -5080: "Hammerhead Construction — Concrete /Paving Contractor" Attached please find one (1) original document of each amendment, as referenced above, (Agenda Item #16C4), approved by the Board of County Commissioners on Tuesday, June 24, 2008. An original has been retained in the Minutes and Records Department and one has been sent to the Finance Department. If you should have any questions, please contact me at 252 -8411. Thank you. Attachments (3) ITEM NO.: DS ��c -occ l3s DATE R 1604 FILE NO.: f }�.;..�rf` ROUTED TO:' J DO NOT WRITE ABOVE THIS LINE ti 9 7 REQUEST FOR LEGAL SERVICES Date: July 21, 2008 VA To: Office of the County Attorney Attention: Robert Zachary From: Dianna Perryman., Contract Specialist Purchasing Department, Extension 4270 Re: Contract: #08 -5080 "Hammerhead Construction — Concrete /Paving Contractor" Contractor: Design Build Engineers & Contractors BACKGROUND OF REQUEST: This contract was approved by the BCC on June 24, 2008; Agenda Item 16.C.4 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, please forward to the Chairman of the Board of County Commissioners for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Gary Morocco, UBCS b RECEREJ lkloto L' C/ /U a 7.z MEMORANDUM TO: Ray Carter Risk Management Department FROM: Dianna Perryman, Contract Specialist Purchasing Department DATE: July 21, 2008 RE: Review of Insurance for Contract: #08 -5080 "Hammerhead Construction — Concrete /Paving Contractor" Contractor: Design Build Engineers & Contractors This Contract was approved by the BCC on June 24, 2008; Agenda Item 16.CA Please review the Insurance Certificates for the above - referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 4270. dod /DP C: Gary Morocco, UBCS 1604 �ec�,v� lo. Z� �,5 2-408 wvtiv.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corporation DESIGN BUILD ENGINEERS & CONTRACTORS, CORP. Filing Information Document Number P01000104056 FEI Number 593749359 Date Filed 10/25/2001 State FL Status ACTIVE Principal Address 801 N MAGNOLIA AVE, SUITE 406 ORLANDO FL 32803 Changed 07/08/2008 Mailing Address 801 N MAGNOLIA AVE, SUITE 406 ORLANDO FL 32803 Changed 07/08/2008 Registered Agent Name & Address THOMPSON, MICHAEL 801 N MAGNOLIA AVE, SUITE 406 ORLANDO FL 32803 US Address Changed: 07 /08/2008 Officer /Director Detail Name & Address Title PD THOMPSON, MICHAEL 801 N MAGNOLIA AVE, SUITE 406 ORLANDO FL 32803 Annual Reports Report Year Filed Date 2006 04/09/2006 2007 04/2412007 2008 07/08/2008 Document Images Page '1')8 f Document Searches Forms Help Entity Name Search i http: / /www.SLinbiz.org /scli pts /cordet.cxe? action —DE'f P 1 L &incLdoc_rmmber— P010001040... 7/21/2008 www.sunbiz.org - Department of State 07/08/2008 ANNUAL REPORT View image in PDF format ' 02/21/2008 Off/Dir_ Resignation View image in PDF format 04/24/2007 ANNUAL REPORT View image in PDF format 04/09/2006 -- ANNUAL REPORT View image in PDF format 04/29/2005 ANNUAL REPORT View image in PDF format ' 07/10/2004 _ANNUAL REPORT View image in PDF format 11/26/2003 -- ANNUAL REPORT View image in PDF format 10/07/2003 -- ANNUAL REPORT View image in PDF format 01/09/2003 ANNUAL REPORT View image in PDF format ' 10/28/2002 ANNUAL REPORT View image in PDF format 10/25/2001 Domestic Profit View image in PDF format ' Note: This is not official record. See documents if question or � Previous on List Next on List Return To List No Events No Name History rain= -art _ rrr, P� li 1 nri� rvir. Fn -, H ^Ir I t "Id 1'l" I' V Policies r, i iL Ul Sfrt 4ilhridla, ep,rtrnent f - tzte_ Page 2 of 2 1oi Entity Name Search llttp: / /www.sunbiz.org/ scripts /c-ordet.exe ?action= DF;1'PIL &inc_doc _number = 11010001040... 7/21/2008 AGREEMENT08 -5080 1604 for "Hammerhead Construction — Concrete /Paving Contractor" THIS AGREEMENT is made and entered into this 24th day of June, 2008, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "Owner ") and Design Build Engineers & Contractors, authorized to do business in the State of Florida, whose business address is 801 N. Magnolia Avenue, Suite 406, Orlando, FL 32803 (hereinafter referred to as the "Contractor "). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on, June 24, 2008 and terminating June 23, 2009, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have four (4) one (1) year renewals, renewable annually under the same terms and conditions. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: Contractor shall provide complete services for on -call concrete, paving, reinforced driveway construction, and repair services on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid# 08 -5080 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work, the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Fifty Thousand Dollars ($530 ,000) nr lacc the Owner shall obtain a proposal from one or mU1e of +ke selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Fifty Thousand Dollars ($50,000) and less than Two Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from all contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Division Administrator approval is required at this level. For projects over Two Hundred Thousand Dollars ($200,000) and less than Three Hundred Thousand Dollars ($300,000), competitive quotations shall be solicited from all contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The Page -1- 1604 County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney and Division Administrator approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Hammerhead Construction — Concrete /Paving services shall not exceed Three Hundred Thousand Dollars ($300,000) for any one (1) project. Work orders shall not be required for emergency work but will be authorized by Purchase Order only. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work as stated in the Work Order, pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e -mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Design Build Engineers & Contractors 801 N. Magnolia Ave., Suite 406 Orlando, FL 32803 Telephone: 407 -648 -1080 Facsimile: 407 -648 -1084 Att: Michael Thompson, President All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e -mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing /General Services Director Phone: 239 - 252 -8371 Fax: 239-732-0844 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. Page -2- 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as ciat A partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause, further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 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 $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. Page -3- 1604 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. D. Pollution Liability Insurance: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury and property damage. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all 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/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. 12. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and /or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A ". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 1604 13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or uniiquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 15. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and 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 supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine requlation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. Page -5- 1604 16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 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. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the 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. i 7. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for rep l 161p written or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well - groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. Ail inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of anv emergency affectinq the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. Page -7- 1604 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. 25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Utility Billing & Customer Service Department. 26, COMPONENT PARTS OF THIS CONTRACT, This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, Bid No.08 -5080, any addenda, Exhibit A, and A -2, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 27. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 28. 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. 29, SALES TAX. 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. No markup shall be applied to sales tax. 30. 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. 31. 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. 32. 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. 16C4 33. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DwI ,Cle(�k of Courts -a � 1f�lQ`•�`1�6 =twX 1�-•1 �L Dated.,..« n ' . sig oriy. a,�; � -7-#pmPCC� Type /Print Witness Name Approved as to form and legal cy: Rob rt 25-chary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: f T ning, aairman CONTRACTOR Design Build Engineers & Contractors By: t orized Signature Typed Signature Page -9- Title Item # LLCA Agenda a� Date Date i 6/30/2008 11:39 Lion Insurance Lion Insurance Company—Design Build Engineers &t CERTIFICATE OF LIABILITY INSURANCE Date 6/30/2008 Producer: Lion Insurance Company Th is Certifica to is issu ad as a aronor of itrip rare ti o n on ly a did confers no ri gh is 2739 U.S. Highway 19 N. g y upon the Certificate Holder. This Certificate does not a men d, extend or alter the coverage afforded by the policies below. Holiday, FL 34691 Insurers Affording Coverage NAIC # Insured: South East Personnel Leasing, Inc. 2739 U.S. Highway 19 N. Holiday, FL 34691 Insurer A: Lion Insurance Company 11075 Insurer B: Insurers Insurer D'. Insurer E' Coverages M1e ponsias of insurance listed balm have been issued to the insured neared loos for the polity paled ddl6a led inboa tbstanoing on, na uirement rum or condition of any contractor other document wild respect ro vA¢h Nis Cemfica[a maybe lssuetl o: megpmaln, Na insurance aROrtletl by lha ptli[islesdbed here1n 15 suucrt to al the surna di u'ions and A,ntnr6 Of poll a as Aggraget r no it shown may have bean call by pad deems INSR LTR ADCL INsRo Type of Insurance Policy Number Policy Effective Data Policy Expiration Date Limits (MMIDDJYY) (MM /DD/YY) GENERAL LIABILITY Each Occuvence S Commercial General Liability Claims Made 1:1 Occur Damega to rented ryerosel (EA 000mreoca) $ Mad Eep S Personal Adv Injury s General aggregate limjt applies per: Seeral Aggro Ium $ Policy Protect LOC Produc¢- Comp /Op Ag9 $ AUTOMOBILE LIABILITY Combinad Single Limn, (EAA(Aach) $ my Aut. aotlily Injury All Owed Acres Iner Person) $ 3chelJCa Autos Eodily trtury Hired Amos On, 0,,ad AUtoa (Per A,,,,,,t) 'b Prepare Damage IPer Action it) $ EXCESS /UMBRELLA LIABILITY Earn Occirence Occur fill Micro Aggregate Ded"Ore A Worker, Ccmpensation and `.NC 71949 01/012008 ,,, I'll ,,�,,,, v i ArC cte,s nT,H. Employers' Liability for Limits ER E.L. Each Accident $1 oar Dog Any proprietor /partner /executive officer /member excluded? E.L. Disease - Ea Employee $1 000900 I f Yes, describe under special provisions below. E.L. Disease Policy Limits $1000,000 other Lion Insurance Company is A.M. Best Company rated A- (Excellent). AM # 12616 Descriptions of Operations /LocationsNehicles /Exclusions added by Endorsement /Special Provisions: Client ID: 42 -59 -002 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. that are leased to the following "Client Company ": Design Build Engineers & Contractors Corp. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. active employee(s) , while working in Florida. Coverage does not apply to statutory employees) or Independent contractor(s) of the Client Company or any other entity. A list of the active employees) leased to the Client Company can be obtained by faxing a request to (727) 937 -2138 or by calling (727) 938 -5562. FAX: 866 - 864 -1800 & 239 - 252 -6596 / ISSUE 06 -30 -08 (TD) Decd, Data 2 512],07 CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY PURCHASING DEPT. Shouldaryohha above d?scribad ,.hoes becancersJbelore map ,r4on datatcerf lh1.r3,o,nsurermn1l alai mai130 C ?¢ wrran I there ve ceNdcate bolder narcao o the Iett. b t tabma U Jo se shall imposs no obkgaoat or icl IJury I nd upor n,, m,u-ar, i6 aaars or 2Frasenla:ves 3301 E. TAMIAMI TRAIL d �`�� NAPLES FL 34112 1604 OR ID JD DATE (MMIDD /YYYY) acoRD CERTIFICATE OF LIABILITY INSURANCE DESIG -1 07/18/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE C F Insurance Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 1189 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW LIMITS Apopka FL 32704 Phone: 407 -884 -7843 Fax:407- 884 -6014 INSURERS AFFORDING COVERAGE NAIC # 1NSURERA Llyod's Of London INSURED PREM1ses AGETffR- NTFO — (E nee) INSURER e. Progressive Insurance j 10193 _ Design Build Engineers & Contr INSU PER C _ Wsstchestez sr =P1 L r.es lice. P.O. Box 580937 IN;UN RD -- Orlando FL 32858 - -- -- - - - - -- INSURER E -- - I s 2, 00- VGG COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICY MWD EFFECTIVE /YY) iPDLICY E%PIRATION LTR INSR TYPE OF INSURANCE DATE MMIDDIVY ' DATE MMIDOIYV LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000 000 A X j COMMERCIAL CeaERA_unErury ART4462007 11/02/07 11/02/08 PREM1ses AGETffR- NTFO — (E nee) 550,000 CLAIMS MAD- EX] OCCUR � OLD FXP (Any one person) $ excluded — _ — - � PERSONAL &ADVINJURY $1, 000, 000 (I NEPALAGGRCGATE I s 2, 00- VGG �FftODUC'fS COMP /OP AGGI, QQQ,0-00--- GE NT_ AGGREGATE LIMIT APPLIES PER POLICY JEO LOC _ AUTOMOBILE LIABILITY COMBINED SING[ E LIMI T $1,000,000 1 ANY AUTO (Eeac6tlent) ALL OWNED A'LI OS 30DILY INJURY 5 B X'l SCHEDULED AUTOS 06311871 -0 02/26/08 02/26/09 (Per FHIRED AUTOS BODILY INJURY $ NON 0" NEED AUTOS (Peraccibenl) - ROP _RT Y DAMAGE I (Per ocondEnt) GARAGE LIABILITY ", AU100NLY EA ACCIDENT 5 ANYAUTO EA ACC OTHER TITAN 5 AUTO ONLY. E %CESSI UMBRELLA LIABILITY ABILITY — EACH OCCURRENCE C CLAIMS MASS OCCUR O. AGGREGATE $ - -— 5 DEDUCTIBLE I 5 RETENTION S 5 WORKERS COMPENSATION AND SLD OTH TORY LIMITS ER EMPLOYERS LIABILITY E L EACH ACCIDENT I ANY PROPRIETOR /PARTNER /EXECUTIVE I S I DISEASE FA EMPLOYE OFFICER /MEMBER EXCLUDEDP $ Ifyes describe under _ - - -- -- - -- F$$ SPECIAL PROVISIONS below EL DISEASE POLICY LIMIT OTHER C Cont. Pollution 145125242 07/18/08 07/18/09 Each 1,000,000 j Liability Ins. I i Agg 1,000,000__ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Reference Job 08 -5080 Hammerhead Const. Collier County is named as Additional Insured as to their interest for Commercial General Liability CERTIFICATE HOLDER CANCELLATION Collier County Purchasing Department 3301 Tamiami Trail Naples FL 34104 COLLIER I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 16D 4r l6D 5 MEMORANDUM Date: December 24, 2008 To: Gail Hambright Tourist Tax Coordinator From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreement Attached, find please find one (1) copy of the document as referenced above, (Agenda Item #16D4 & #16D5), adopted by the Board of County Commissioners on Tuesday, June 24, 2008. If you have any questions, please call 252 -7240. Thank you, Enclousers ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP D 4 TO ACCOMPANY ALL ORIGINAL. DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU$ 6 C Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing shp and"orig l j documents are to be forwarded to the Board Office only gfter the Board has taken action on the rem. i ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures. dates. and/or information needed. If life document is already complete widt the execution of the Chairman's signature. draw a fine throoeh rourino lines 41 thoonah xa ru,nnlr,, ,h.- .- h,,,-tn,, ..lid r,,— „...a c..., 1,n...... .1:__ — Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. 6/24/08 Agenda Item Number 16D4 and 16D5 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Colleen Green Assistant County Attorney Number of Original I 5. Sue Filson Budget Office 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, ineludino Site Filson. nerd to contact stafffor additional or missing information. All original documents needing the BCC ( hnimtan's sienature are to be delivered to the BCC office onh after the BCC has acted to approve the item.) Name of Primary Staff Gail Hambright Phone Number 252 -2966 Contact appropriate. (Initial) Applicable) Agenda Date Item was 6/24/08 Agenda Item Number 16D4 and 16D5 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 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 9.113.04, Revised 126.05. Revised 2,24 05 Initial the Yes column or mark "N /A” in the Not Applicable column, w chever is Yes N/A (Not appropriate. (Initial) Applicable) I. Original document has been signed/initialed for legal sufficiency. (AIL documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been 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 'I allahassee 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 _(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 9.113.04, Revised 126.05. Revised 2,24 05 16 Id y 5 2008 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR FY 08 CATEGORY "A" CITY OF NAPLES PROJECTS. �(/ 41 --t-- THIS AGREEMENT, is made and entered into this day of V u Z t 2008, by and between The City of Naples, hereinafter referred to as "GRANTEE' and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ". RECITALS: WHEREAS, CITY has submitted applications for Category "A" Tourist Development Tax Funds in the aggregate amount of $152,760.00 for the City of Naples Projects for fiscal year 2008 as described in Exhibit A to this Agreement (the "Projects "); and WHEREAS, the COUNTY desires to fund the Projects. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK. GRANTEE prepared detailed applications and proposals outlining the Project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as "Proposal," attached as Exhibit "A ". GRANTEE shall provide the project activities outlined in the Proposal within the budgeted amounts provided in the Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal nor be reimbursed for amounts in excess of those provided in the Proposal unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT. The aggregate maximum reimbursement under this Agreement shall be One Hundred Fifty Two Thousand Seven Hundred Sixty and No /100 ($152,760.00). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY 160 D 4 q- 6® 5 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the County Manager or his designee. The County Manager, or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The budget for each project, attached as Exhibit "A," shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre- audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A ". 3. ELIGIBLE EXPENDITURES. Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request to repay said funds. COUNTY may request repayment of funds for a period of up to one (1) year after termination of this Agreement or any extension or renewal thereof. 2 116 40r` 5 4. PAYMENT REQUESTS. Payment requests for interim draws and final payment must be submitted to the County in the form of the Request for Funds form attached to this Agreement as Exhibit "B ". All payments are on a reimbursement basis only after proof of paid invoices are presented to the County. County may withhold any interim draw for failure to provide the interim status report, and County shall withhold final payment until receipt of the final status report or other final report acceptable to County. All invoices and requests for payment including the final payment must be received within 60 days of termination of this Agreement. Any invoices of requests not received in this time frame shall be returned to the City and rejected for payment. 5. INSURANCE. GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement and be issued by a company licensed in the State of Florida and provide General Liability Insurance for no less than the following amounts: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability — Statutory The Certificate of Insurance must be delivered to the County Manager, or his designee, within ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities which are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 6. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible 3 160 4q- 16D 5 for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION. To the extent permitted by law, GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient insurance protection. 8. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Dr. Michael Bauer City of Naples 280 Riverside Circle Naples, Florida 34102 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY at the following address: Gary McAlpin, Director E 16D 4 q� 16D 5 Coastal Zone Management 3300 Santa Barbara Blvd. Naples, Florida 34116 GRANTEE and COUNTY may change their above mailing address at any time upon giving the other party written notification pursuant to this section. 9. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 10. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination pursuant to Section 7 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 11. GENERAL ACCOUNTING. GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the terms of this Agreement. 12. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 5 16D Oct' 160 5 13. PROHIBITION OF ASSIGNMENT. GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of COUNTY. 14. TERM. This Agreement shall become effective on October 2, 2008, and shall remain effective until sixty (60) days after completion of the Project described in Exhibit "A ", but no later than September 30, 2009. 15. AMENDMENTS. This Agreement may only be amended in writing by mutual agreement of the parties and after recommendation by the Tourist Development Council. 16. REQUEST FOR EXTENSION. Any request for additional time to complete the project described herein or any request for additional tourist development funds must be made in writing and received by the County Manager or designee at least 30 days prior to the end date of this Agreement as provided in Section 14, TERM. 17. RECORDATION. This Agreement shall be recorded in the public records of Collier County, Florida. IN WITNESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: bt. er 2412m'%- ATTEST: DWIGHT E. BROCK, Clerk `puty Clerk Atte!! 1� tp:Ali'�TlM "i ttga" on I" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: �? dbiW— g Colleen M. Greene Assistant County Attorney ATTEST: TARA NORM N, City Clerk Approved as to form and legal sufficiency: ROBERT D. RIT City Attorney (corporate seal) 7 16.9 '4 16D GRANTEE CITY OF NAPLES /l �i"4.% WITNESSES: s nature JeS I,CU R dse✓/f e-2% Printed /Typed Name signature Printed /Typed Name m 01 EXHIBIT "A" BUDGET — CITY OF NAPLES Beach Maintenance Naples Pier Annualized Repair and Maintenance AGGREGATE TOTAL $134,760.00 $ 18,000.00 $152,760.00 16D 4 16D m 5 v EXHIBIT "B" 16D 4 Q- 160 5 REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE( REQUEST PERIOD REQUEST# ( ) INTERIM REPORT FROM TO TOTAL CONTRACT AMOUNT S ( ) FINAL REPORT EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE ORIGINAL DOCUMENTS CHECKLIST & ROUTING S116 D 9 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 rnutinv lines * l throuoh i!a rmm lrt> thr rhnrlrrm ,.,a f ...,.,.a n. o,- iro . n: -- uc, Route to Addressee(s) List in routing order Office Initials Date 1.Frank Ramsey Housing and Human Service (Initial) ( �/ 2. Chairman Tom Henning BCC Agenda Item Number 16D — GI 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 1 4. Impact Fe a al ent 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 ofthe 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 06/24/2008 Agenda Item Number 16D — GI Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 1 Type of Document Attached Impact Fe a al ent Number of Original I 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 126.05, Revised 2.24.05 Return to Frank Ramsey Collier County NHS 3301 E. Tamiamf Trail Naples, Florida 34112 File# 08- 190 -IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORD�A�BLE HOUSING DWELLING UNITS This Agreement is entered into this day of June, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Armandina Campos" (OWNER), collectively stated as the "Parties." 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 06/24/2008 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 126.05, Revised 2.24.05 Return to Frank Ramsey Collier County NHS 3301 E. Tamiamf Trail Naples, Florida 34112 File# 08- 190 -IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORD�A�BLE HOUSING DWELLING UNITS This Agreement is entered into this day of June, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Armandina Campos" (OWNER), collectively stated as the "Parties." Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 08- 190 -IF This space for recording 1609 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORD�AIBLE HOUSING DWELLING UNITS This Agreement is entered into this day of June, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Armandina Campos" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." =:9 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. N 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the a� sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead u a m o exemption; or d) the first occurrence of any sale or transfer of any part of the affected real N property, and in any such event the deferred impact fees shall be paid in full to the COUNTY N ° „ not later then the closing of the sale, or not later then the effective date of the transfer. As set �m c5 forth in Exhibit `B," the amount of the deferred impact fees is Twelve Thousand Four u u r2 o m Hundred Forty Two and 52/100 Dollars ($12,442.52). Repayment shall include any accrued M o m d" s interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no 00 o event shall it exceed twenty -five percent (25 %) of the total fee amount. U O+ Q> W o 61 °" cM L 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 oN as , o Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall u e o 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 0 the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise o° conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or m r other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY Clio 0 cr N C7 rs. M r, M 16D9 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. t3kOCK, Clafk By: AtUsst d y y�to . . � C c G a �" ut _i _ Cler Clerk L tlpnataR'�'oNly o, Witnesses: �� Print Name for ha -A Wo rha -A Wo r o oc o Witnesses v — Print N 5 STATE OF FLORIDA) COUNTY OF COLLIER) 11: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, p By: 1u1� 0 TOM ENNI G, CHAIRM OWNER: Armandina Campos OWNER: The foregoing A eem was acknowledged before me this � rt_� day o by�� who is personally known to me has produced as proof of identity. [N SEAL 4GE�awd� �+roaaorav»I.aw�.mco Approved as to form and legal sufficiency: uo Heidi F. Ashton -Cicko Assistant County Attorney Sign ure erson Taking Acknowledgment Recommend App oval: n 1 � 'Wrcy Krumbine, MPA Director Collier County Housing and Human Services 4C 0 N a M C� M c7' 7 -K EXHIBIT "A" LEGAL DESCRIPTION Lot 8, 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. 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 1609 Amount Owed $100.59 $62.14 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $12,442.52 ORIGINAL DOCUMENTS CHECKLIST & ROUTIN(Sib 11 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT 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 mid 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 gl through H4 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 through routine lines fl I through N4, complete the checklist, and forward to Sue Filson (line 45). Route to Addressee(s) List in muting order) Office Initials Date 1.Frank Ramsey Housing and Human Service ® /z� 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 t 4. Impact Fe fe al Agreement 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 06/24/2008 Agenda Item Number 16D — Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed t Type of Document Impact Fe fe al Agreement 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 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/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 ';V n/a Office and all other parties except the BCC Chairman and the Clerk to the Board F 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 06/24/2008 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 v Return to Frank Ramsey Collier County HHS 3301 E. Tamiami "Frail Naples, Florida 34112 File# 08- 189 -IF This space for recording 16011 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS 2�( This Agreement is entered into this �-} day of �,�,n 008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Loudney Cenozier and Marie C. Cenozier" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: C O e R; N m an V O. m O an r o a d+ N v ee m s m rs. o V V M c m o e-. m� pG a CDdo V n. o w e e .s m� °a o � u .o m e a 0 0 a a n. R � O m xm a, o w o Y m t F a u m 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 46/100 Dollars ($19,372.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty -five percent (25 %) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY 0 N C7 n. M r, M -=t- CD 16D11 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk , "` "(I BY f" Depot Clerk AtUd as to CMIma i aLw'R on>`i WITNESS ,AS TO BOWSIGNATURES: W<�tnotiPe,4� PrintN BOARD OF COUNTY COMMISSIONERS COLLIETCTY,F ORIDA, / By: p 7 ton TOM HENNING, CHAI N O ER: eudney Ceriazce' Loudney Ceno ter OWNER: Witnesses: Print Name ,� -,v,v- (,)/,- I Marie C. Cenozier STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this _,U day of �> 2008, by Goy, :u. -> e Vµ L «,.... ;,who is personally known to me or has produced -F-L / /7 as proof of identity. RA- Op. ExV "B° ' r'a RO`o M9 W� p05 N°- 40.'i Approved as% kq "p o f,F�� and suffic1'e4w nnnn .'i' /i' ( J(,) Heidi F. Ashton -Cicko Assistant County Attorney Signature of Person Taking Ackn ledgment Recommend Appr al: arty Krumbine, M A Director Collier County Housing and Human Services l6Dll EXHIBIT "A" LEGAL DESCRIPTION Lot 34, 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 13416 Covenant Road, Naples, Florida 34114 EXHIBIT `B" IMPACT FEE BREAKDOWN JAK Approved /_ /_ 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 r-- ° G. Road Impact Fee $6,059.00 N H. Government Buildings Impact Fee $410.00 I. Law Enforcement Impact Fee $171.61 r- �"' J. Water Impact Fee $3,415.00 a K. Sewer Impact Fee $3,515.00 0 4C TOTAL IMPACT FEES $19,372.46 JAK Approved /_ /_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING S11f) D 12 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 ezcention of the Chairman's signature. draw a line through routine 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.Frank Ramsey Housing and Human Service /� — Applic able) 2. Chairman Tom Henning BCC Agenda Item Number 16D �I 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impa ee ferral Agreement 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 06/24/2008 Agenda Item Number 16D �I Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impa ee ferral Agreement Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached LEI 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 signature and initials are required. 7�- 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 j- time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 06/24/2008 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 Collier County Hits 3301 F. Tamiami Trail Naples, Florida 34112 File# 08- 191 -IF This space for recording 16D12 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this�d y 1of June, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Laurette Archange" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 00 �h a. o0 U C. �S a.. O a � a N v ec x � ao tom. o U V M..,a � om ve °F V S Op tJ �Y a o �o �d r-I w o Y N o� a� U � C F C � O m oa F U O W o F d... G: U CO 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 52/100 Dollars ($19,372.52). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5 %) per annum, but in no event shall it exceed twenty -five percent (25 %) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY a, 0 N a.. M r- C"7 cY+ 16D12 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk By: CIXA A1AA'Nu-" (0 JL - AttBst ds SJia � ty Clerk t s vI ttNV5�E5 As-TV NTH 516- OmPtok- Witnesses: Print Name, Sy.e bA m i p nJA Ike ,S a Witnesses: O Print Name o r mo- < <. STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, p� By: WT5NNING, CHAI OWNER: 6a.1,14,9&0 Laurette Archange i L1_ . ire L /LI i The foregoing eem nt as acknowledged before me this day of 2008, by I-n ur¢ F e X1, 61, =V e , who is personally known to me ':F t, 1 0 as proof of identity. Recommend Approval: Assistant County Attorney Director Jy 'A V- or has produced Collier County Housing and Human Services EXHIBIT "A" LEGAL DESCRIPTION Lot 199, 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 13598 Legacy Lane, Naples, FL 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN 16D12 Amount Owed $100.59 $62.14 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.52 Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee c E. Regional Parks Impact Fee cli F. Educational Facilities System Impact Fee C G. Road Impact Fee H. Government Buildings Impact Fee M a+ I. Law Enforcement Impact Fee i� o J. Water Impact Fee 4C K. Sewer Impact Fee TOTAL IMPACT FEES 16D12 Amount Owed $100.59 $62.14 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.52 THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE t i 1 • 1 OFFICE AS OF June 5, 2009 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SU D 1 ✓ 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 Nl through N4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ------ - �.L_ A --.a im- th—..h.,. fi— lines at thronvh ad roro Ten, the checklist and forward to Sue Filson (line 45). Route to Addressee(s) List in routing order Office Initials Date l.Frank Ramsey Housing and Human Service (Initial) Applicable) 2. Chairman Tom Henning BCC Agenda Item Number 16D S 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Impact Fe D—efers j Agreement 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 .., s Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 06/24/2008 Agenda Item Number 16D S Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Impact Fe D—efers j Agreement 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 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) I. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County 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 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 06/24/2008 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 Collier County REIS 3301 E. Tamiami I rail Naples, Florida 34112 File# 08- 192 -IF 4183402 OR: 4373 PG: 2411 RECORDED in OFFICIAL RECORDS of COLLIER COUNTS, FL 06126/2008 at 03:0IPN DWIGHT B. BROCK, CLERK BBC FEE 27.00 COPIES 3.00 CLERK 1 5 CLERK TO THE BOARD 3� .L INTHROFFICE 4TH FLOOR BKT 7240 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this Lq:ay of June, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Peter Hartman Jr." (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Four Hundred Eleven and 65/100 Dollars ($19,411.65). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty -five percent (25 %) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR; 4373 PG; 2412 16D15 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BBROCK Clerk By: gtest as A tlgnat�'� 'IML9n W�tuesses; - - -T— Print Nam W Jtn sses: Print Name fl-5,G STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER C LINTY, F ORIDA, By: %flDii TOM HENNING, CHAIR N OWNER: Peter Hartman Jr.' OWNER: The f regoi g A reement w�s acknowledged before me this `� C, ay of a� 2008 b I 111 li who is personally known to me or hasl produced l ".y -i> as proof of identity. Sig ure of Person Taking A no ledgment Approved as to form and l gal sufficiency: A uo Heidi F. Ashton -Cicko Assistant County Attorney Recommend ►E Collier County Housing and Human Services OR; 4373 PG; 2413 * ** 16615 EXHIBIT "A" LEGAL DESCRIPTION Unit 1504, Vista III at Heritage Bay, a Condominium pursuant to Declaration of Condominium Recorded in OR Book 4322, Page 3638 9051 Gervais Circle #1504, Naples, Florida 34120 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.04 B. Correctional Facilities Impact Fee $89.82 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 L Law Enforcement Impact Fee $171.61 J. Water System Impact Fee $3,415.00 K. Sewer System Impact Fee $3,515.00 TOTAL IMPACT FEES $19,411.65 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 16 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 fa to 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 exc tion of the Chairman's si ature, draw a line throu h routin lines #I thr h #4 I h Route to Addressee(s) List in routing order) on , co e[e t e checklist, and Office forward to Sue Filson Initials line #5 . Date Contact Grants SEpEort Specialist Initial CMG A licable Agenda Date Item was 2. Agenda Item Number 16 -D -16 Approved by the BCC 3. - -- Type of Document St. Matthews House Number of Original 4. Colleen M. Greene, ACA County Attorney Subreci Tent Agreement DR] 07/02/08 5. Sue Filson, Executive Manager Board of County Commissioners Officials. 6. Minutes and Records Clerk of Court's Office All handwritten strike - through and revisions have been initialed by the County Attomey's Office and 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 Lisa Oien Phone Number 252 -6141 Contact Grants SEpEort Specialist Initial CMG A licable Agenda Date Item was June 24, 2008 Agenda Item Number 16 -D -16 Approved by the BCC County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the Type of Document St. Matthews House Number of Original 2 Attached Subreci Tent Agreement DR] Documents Attached INSTRf )CTIf1NR .9- CU V f WT rem 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 amatter _ numbmro/ «document numbed, Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Initial CMG 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 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 CMG 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 CMG initials are required. S. 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 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 06/24/08 and all changes made during the meeting CMG have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 7. Please return 1 executed 2EjjgmaI to Lisa Oien CMG 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 amatter _ numbmro/ «document numbed, 16D16 MEMORANDUM Date: July 3, 2008 To: Lisa Oien, Housing and Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A Subrecipient Agreement providing Supplemental Disaster Recovery Initiative funding to St. Matthews House Inc. for hurricane hardening of its shelter. Attached you will find an original Subrecipient Agreement, as referenced above (Agenda Item #16D16) and approved by the Board of County Commissioners on Tuesday, June 24, 2008. The Minutes and Records Department has retained the second original where it will be held as part of the Board's permanent record. If you should have any questions, please call me at 252 -8406. Thank you. Attachment (1) 16DI6 AGREEMENT BETWEEN COLLIER COUNTY AND St. Matthew's House, Inc. Hurricane Hardening Florida Administrative Code 9BER06 -1 CFDA # 14.228 THIS AGREEMENT, is made and entered into this 2_tt_ day of jo, 200 by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and "St. Matthew's House, Inc.," a private not - for -profit corporation existing under the laws of the State of Florida, having its principal office at 2001 Airport Road South, Naples, Florida, 34112 and its Federal Tax Identification number as 65- 1110501, hereinafter referred to as "SUBRECIPIENT ". WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Community Affairs; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit very low and low income persons by addressing hurricane impacted housing public facility and community development needs; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Community Affairs for $2,814,698.15 in Community Development Block Grant Disaster Recovery Initiative funds relating to Hurricane Wilma with Resolution 2008 -87 on April 8, 2008; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved 2005 Disaster Recovery Subgrant Agreement; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Disaster Recovery Initiative (DRI) Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: Hurricane Hardening Page l of 23 1. 16D16 (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) "HHS" means the Housing and Human Services Department of Collier County. (4) " SUBRECIPIENT" means St. Matthews House. (5) "HHS's Approval" means the written approval of the Housing and Human Services 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 ". (9) "DRI" means Disaster Recovery Initiative Program (10) "DCA" means Florida Department of Community Affairs II. SCOPE OF SERVICES The SUBRECIPIENT 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 reimbursement using Exhibit `B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. I11. 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 DCA under Agreement No. 08DB- D3- 09- 21- 01 -AO3. The effective date of the Agreement between Collier County and the DCA shall be May 14, 2008, 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 May 13, 2010. 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. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY for allowable costs, determined by COUNTY and DCA, in an amount not to exceed Sixty Thousand Dollars ($60,000) 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/state 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. St, Matthews House Hurricane Hardening Page 2 of 23 16016 ' 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 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. COUNTY is bound by the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed by the State of Florida and COUNTY to require SUBRECIPIENT to acknowledge the following, as applicable: 1. SUBRECIPIENT acknowledges that it will adhere to all applicable terms of the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed between the State of Florida and COUNTY as outlined in Attachment A: Program Guidelines; 2. SUBRECIPIENT acknowledges that it will adhere to all applicable State and Federal laws and regulations; 3. SUBRECIPIENT acknowledges that the Florida Department of Community Affairs and the COUNTY shall be held harmless against all claims of whatever nature arising out of the SUBRECIPIENT'S performance of work. If needed, SUBRECIPIENT may be called upon to assist COUNTY during a natural disaster or emergency. 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 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 the HHS Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT 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 the HHS Department or designee within forty -five (45) days of said official notification. B. COMPLIANCE WITH LOCAL, STATE 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 St. Matthews House Hurricane Hardening Page 3 of 23 16016 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 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. 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 St. Matthews House Hurricane Hardening Page 4 of 23 16D16 included as part of this agreement and must be included in all construction contracts funded by CDBG. Sec 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 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Grant 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. 31. Chapter 427, Florida Statutes — which requires the coordination transportation for the disadvantaged. 32. Chapter 403.7065, Florida Statues - which refers to the procurement of products or materials with recycled content. Hurricane Hardening Page 5 of 23 16 D 16 33. Chapter 39.201, Florida Statutes - that any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, as defined in this chapter, shall report such knowledge or suspicion to the Central Abuse Hotline (1- 800 -962- 2873). 34. Chapter 415.1034, Florida Statutes - that any person who knows or has reasonable cause to suspect that a vulnerable and or disabled adult has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the National Center on Elder Abuse Hotline (1- 800 - 962 - 2873). 35. Chapters 435.03 and 435.04, Florida Statutes - that if any personnel in programs under this contract work directly with children or youths and vulnerable or disabled adults - employment screening is required. 36. Chapter 216.347, Florida Statutes - prohibits the expenditure of contract funds for the purpose of lobbying the legislature, state or county agencies. 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 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." 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 HHS 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. 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. 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, Hurricane Hardening Page 6 of 23 F. G 16D 16 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. 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 HHS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HITS, State and Federal support for all activities made possible with fiords made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by FIHS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. This sign's construction utilizes a minimum conventional 4'X8' plywood back panel and other conventional construction materials and methods. 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 HITS 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. 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 or DCA specifies. Hurricane Hardening Page 7 of 23 16D16 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. 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 Countv Board of County Commissioners, a Political Subdivision of the State of Florida its Officers, Employees, and Agents, c/o Housing & Human Services Department ". 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). RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the HHS 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. St. Matthews House Hurricane Hardening Page 8 of 23 16D 16 1. 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 The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations. 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 HITS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HITS if requested. In any event the SUBRECIPIENT shall keep all documents and records for five (5) 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 HHS 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 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. Hurricane Hardening Page 9 of 23 16 B 16 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 & HUMAN SERVICES. COUNTY DCA AND HUD REQUIREMENTS HHS 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 HHS, the COUNTY, DCA or HUD at any time. PRIOR WRITTEN APPROVALS - SUMMARY The following activities require the prior written approval of the HHS Department 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 51,000 or more; (c) All out -of -town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; (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 DRI funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HHS, the COUNTY, DCA, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HHS, the COUNTY, DCA, 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 HHS. 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 Hurricane Hardening Page 10 of23 i� IX 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 HHS. 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 HHS, and said plan shall require the prior written approval of the HHS 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 DRI 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 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. 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 St. Matthews House Hurricane Hardening Page I I of 23 16D16 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. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be very low and low 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 ofcompliance to HHS upon HHS' request. D. EVALUATION AND MONITORING The SUBRECIPIENT 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 versos actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT 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 SUBRECIPIENT shall, upon the request of HHS, submit information and status reports required by HHS, the COUNTY or HUD on forms approved by HHS to enable HHS to evaluate said progress and to allow for completion of reports required HHS by HUD. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHS 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 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 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). Hurricane Hardening Page 12 of 23 16 D 16 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 entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 1 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 1'or all sub awards at all tiers (including subcontracts, sub grants, 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 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. Hurricane Hardening Page 13 of 23 16016 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. 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. ,m. mattnews House Hurricane Hardening Page 14 of 23 168 l6 XII. 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 ($25,000) will be covered by the regulations 24 CFR Part 570.503(8)(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. ATTACHMENT A The SUBRECIPIENT shall agree to abide by the program guidelines as excerpted from the federally funded 2005 Disaster Recovery Subgrantee Agreement executed by the State of Florida Department of Community Affairs and Collier County, which are herein incorporated as "Attachment A ". XV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -three (23) enumerated pages, which include the exhibits and attachment 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. St. Matthews House Hurricane Hardening Page 15 of23 16D 16 XVI. 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. IN WITNESS THEREOF, the parties hereto have caused this 23 page agreement to be executed by their undersigned officials as duly authorized by the agreement between Collier County and the DCA effective the I4 `h day of May 2008. (SUBRECIPIENT SEAL) ATTEST: DWIGHT F. BROCK, CLERK U_ i Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney ST. MATTHEW'S HOUSE BY: A2, 2 ry /I Rev. Vann R. Ellison, Executive Director BOARD OF COUNTY COMMISSIONERS OF COLIJIVR COU TY, FLORIDA BY—� TOM HENNING, CHAIRMAN Item # dolm Agenda Date Date Recd St. Matthews House Hurricane Hardening Page 16 of 23 EXHIBIT "A" SCOPE OF SERVICES St. Matthew's House Hurricane Hardening THE SUBRECIPIENT AGREES TO: A. PROJECT DESCRIPTION: 16 B 16 St. Matthew's House has been awarded sixty thousand dollars ($60,000.) to complete hurricane hardening at its Homeless Shelter. Hurricane hardening includes the installation and purchase of high impact windows and doors, installation and purchase of a generator, and all activities directly related to completion of this hurricane hardening project which may also include gutter and roof repair and improvements and hurricane hardening for the auxiliary dining area. Final completion date for funded activity shall be no later then March 31, 2009. The Subrecipient will be responsible for the following: NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings /specifications to HHS and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project and bid such work in sealed bid 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. The SUBRECIPIENT shall require a bid bond, 100% payment bond and 100% performance bond for any contract that exceeds $100,000. 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. The SUBRECIPIENT shall obtain HHS's approval prior to awarding the construction contract to be funded through this agreement. The SUBRECIPIENT shall submit the name of the contractor to ensure the business is not federally debarred. After awarding such contract the SUBRECIPIENT shall submit bid minutes to HHS. HHS's approval is required prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from HHS 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. ADDITIONAL Responsibilities are: Posting of visible signage at the work site identifying the funding source(s) as mentioned in section VII part F. The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Hurricane Hardening Page 17 of 23 16016 B. BUDGET: St. Matthew's House, Inc. DRI Line Item: high - impact windows labor and related costs for installation of high- impact windows doors labor and related costs related to installation of doors generator materials and supplies for installation labor and related costs for installation gutter and roof materials labor and related costs for gutter and roof improvements /repairs materials for hurricane hardening dining area labor and related costs for hurricane hardening dining area TOTAL. PROJECT COSTS $60,000 This listing is non - inclusive of specific quantities /types of materials. Exact quantities of materials will be provided at the time the subrecipient receives the final totals from their contractor(s). C. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing. D. BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB Circular A -110 (Unifonn Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. E. FORMER PROJECTS: Failure to adequately maintain any former CDBG /HOME /SHIP funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG /HOME /SHIP /DRI funds. F. WORK SCHEDULE: This time frame is subject to change as the project is executed. This work schedule is for the purpose of monitoring the progress of said project by the Subrecipient and HHS. The time frame for completion of the outlined activities shall be: Task End Date Window installation additional windows September 2008 Generator installation and final hook-up gust-October 2008 __Ay Prioritize additional hardening activities based on funding Rain utter work and repair November — December 2008 _ - January March 20_09 Roofing repairs - arch 2009 January M __ Dining repairs for hurricane hardening _ January — March 2009 Complete all hardenin activities March 2009 St. Matthews House Hurricane Hardening Page 18 of 23 16D16 Please note that if an -v of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. G. REPORTS: The SUBRECIPIENT 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 SUBRECIPIENT is paid with DR[ 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 ". The progress reports shall be used as an additional basis for HHS approval of invoices, etc. for payment. H. 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). I. 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 Section G. 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 Section F will be required, unless modified in writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Hurricane Hardening Page 19 of 23 EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT Disaster Recovery Initiative Subrecipient Name: St. Matthew's House Inc. Subrecipient Address: 2001 Airport Road South, Naples, Florida 34112 Project Name: St. Matthew's House Hurricane Hardening Extension Project No: Dollar Amount Requested: 1. Grant Amount Awarded Payment Request # STATUS OF FUNDS 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) $ 60,000 I certify 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 Supervisor Dept Director Date (approval authority under $14,999) (approval required $15,000 and above) Hurricane Hardening Page 20 of 23 16D16 EXHIBIT "C" DR[ MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the 10"' of the following month. Status Report for Month of Project Name Project Number DRI Activity Number Subrecipient: Contact Person Telephone: E -mail: Fax: Date: 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. St. Matthews House Hurricane Hardening Page 21 of 23 1661 6. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) Ioial Numberof Extremely Vcry I.ow Income Female Head of Households or Perwns I ow Income Low Income (51 -80 %) Ilousehold 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 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 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX BOX 13OX3 BOX BOX Ioial Numberof Extremely Vcry I.ow Income Female Head of Households or Perwns I ow Income Low Income (51 -80 %) Ilousehold Assisted (0 -30 %) (31 -50 °6) Hurricane Hardening Page 22 of 23 16016 Subrecipients 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: 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 I Race I # Total I # Hispanic I 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: Hurricane Hardening Page 23 of 23 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIV L (j TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V 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 # 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 throng routine 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. appropriate. (Initial) Applicable) 2. June 24, 2008 Agenda Item Number 16D17 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Application for 2008 Challenge Grant Number of Original 3 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 crented/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 June 24, 2008 Agenda Item Number 16D17 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Application for 2008 Challenge Grant Number of Original 3 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST l: 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 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. S 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. C Some documents are time sensitive and require forwarding to Tallahassee within a certain J time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 7 /24 /2007(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. l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16017 MEMORANDUM Date: July 2, 2008 To: Shawn Tan, Grant Coordinator Housing and Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department 2008 Challenge Grant Application to the DCA's Office on Homelessness for the following (4) agencies: Shelter for Abused Women and Children Supportive Services and for a case manager; National Alliance on Mental Illness Client Self Sufficiency Program; Hunger and Homeless Coalition Homeless Management Information System; St. Matthew's House transportation Attached, please find two (2) originals of the above referenced item (Agenda Item #16D17) approved by the Board of County Commissioners on Tuesday, June 24, 2008. The Minutes and Records Department has kept one (1) of the original documents for the Board's permanent record. If you should have any questions, please contact me 252 -8406. Thank you. Attachments (2) 16017 0 UHT Y AT pRHf 8 ✓ r ITEM NO.: DATE REC & py FILE NO.: ROUTED TO: ( / (� C // /1 00c / DO NOT WRITE ABOVE THIS SPACE ( tom/ E (Ori[g. 9/89; Rev. 6/97) REQUEST FOR LEGAL SERVICES (Please type or print) ae)dl, Date: 6/20M To: Office of the County Attorney, Attn: eleeRe From: SZllawa'#an Program Coordinator (Name) (Title) Pu Services (Division) Telephone # (Very Important): 252 -2376 Re: 2008 Challenge Grant Application (Subject) Housing and likulam Ser ces (Department) -I BACKGROUND OF REQUEST/PROBLEM: Le I I t] d V (Describe problem and give background information - be specific, concise, and articulate.) l -,(p�� This is a Challenge (.rant application. Requ"tin8 legal approval on certification for BCC aignaturt t Wy A^I v (Are there documents or other information needed to review this matter? If yes, attach and reference this infoon.) This item has/has not been previously submitted. (If previously submitted provide County Attorney's Office File No.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Please review and approve certifecatioh for BCC signature OTHER COMMENTS: MAW C 0toreaa has Spoken to Heidi reprding these certificsWa, and sha •Te apollived them. cc: (All requests must be copied to your appropriate Division Head or Constitutional Officer.) 16017 NAPLES /COLLIER COUNTY CONTINUUM OF CARE FL -606 STATE CHALLENGE GRANT APPLICATION CSFA 60.014 FISCAL YEAR 2009 DUE DATE JULY 8, 2008 June 20, 2008 COLLIER COUNTY 1 7 HOUSING AND HUMAN SERVICES DEPARTME DIVISION OF PUBLIC SERVICES Affordable Housing • Federal Grants • RSVP • Services for Seniors • Social Services 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 $150,000 Challenge Grant to implement four (4) homeless initiatives in our community. The four agencies requesting funds are: Shelter for Abused Women and Children National Alliance on Mental Health St. Matthew's House Hunger and Homeless Coalition The point of contact for Collier County Challenge Grant application is Marcy Krumbine, Housing and Human Service Director. Ms Krumbine can be reach at (239) 252 -8442, Fax (239) 252 -2331. Sincerely s Tom Henning Chairman Board of County Commissioners ATTEST: — DWIGHT E. <BROCK, CLERK pC- Depltty rir�ad • as to ;19aatrxa oa. z 16D 17 Proposed Budget at $150,000 Award Level EXHIBIT F BUDGETFORM Grant Activity[Use $ Requested Agency Provider Name Collier County I Maintain, support and expand $60,000 local HMIS system /INCCC YES Hunger & Homeless Approx 800 NO Coalition /INCCC 2 Supportive services & Case $64,000 Shelter for Abused Managers (FT & PT) for DV homeless $ Women & Children 3. Passenger van to provide $16,000 St. Matthew's House transportation for homeless 4. Ensure independence and self $10,000 NAMI of Collier County Sufficiency of homelessness TOTAL GRANT $150.404 2. 3. 4. 5. Grant Activitv /Use HMIS /INCCC Shelter sot services /case mqrs St. Matt's passenger van NAM] Self Sufficiency EXHIBIT G Existing INew I Number EXPENDITURE SCHEDULE Budgeted $60,000 $64,000 $16,000 $10,000 TOTAL GRANT $150,000 YES YES Approx 500 YES NO Approx 50 YES NO Approx 800 NO NO Approx 35 1,385 Total Persons To Be Served Estimate Draw By Quarter Ending 9/30/08 12131/08 3/31/09 6/30/09 $0 $30,000 $20,000 $16,000 $16,000 $16,000 $16,000 $0 $16,000 $ $ $2500 $2,500 $2,500 $2,500 $18,500 $44,500 $48,500 $38,500 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, 2009. FURTHER, ALL CHALLENGE GRANT FUNDS SHALL BE DRAWN PRIOR TO JUNE 30, 2009 Proposed Budget at $100,000 Award Level EXHIBIT F BUDGETFORM Grant Activity[Use $ Requested Agency Provider Name Collier County 1.Maintain, support and expand $40,100 local HMIS system /INCCC YES Hunger & Homeless Approx 536 NO Coalition /INCCC 2.Support Services & Case $42,600 Shelter for Abused Managers (FT& PT) DV homeless $10,700 Women & Children 3. Passenger van to provide $10,700 St. Matthew's House transportation for homeless $1 4. Ensure independence and self $6,600 NAM] of Collier County Sufficiency of homelessness TOTAL GRANT $1Q�Q Q Grant Activity /Use 1, HMIS /INCCC 2. Shelter sat services& case mars 3. St. Matt's van 4. NAMI Self Sufficiency 5. TOTAL GRANT Existing INew EXHIBIT G EXPENDITURE SCHEDULE Budgeted $40,100 $42,600 $10,700 $6,600 $100.000 16D 17 Number YES YES Approx 335 YES NO Approx 34 YES NO Approx 536 NO NO Approx 23 928 Total Persons To Be Served Estimate Draw By Quarter Ending 9/30108 12131108 3131109 6130109 $0 6 700 $20,000 $13,400 $10,650 $10,650 $10,650 $10,650 $0 $10,700 $ $_ $165050 $1,650 $1650 $1 $12,300 $29100 $32,300 $25,700 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, 2009. FURTHER, ALL CHALLENGE GRANT FUNDS SHALL BE DRAWN PRIOR TO JUNE 30, 2009 4 Grant Activity/Use 1, Maintain, support and expand local HMIS system /INCCC 2.Supportive services & Case Manager (FT) for DV homeless 3. Passenger van to provide transportation for homeless 4. Ensure independence and self TOTAL GRANT Grant Activity /Use 1. HMIS /INCCC 2, Shelter Case Manager/ services 3. St. Matt's van 4. NAMI Self Sufficiency 5. Proposed Budget at $60,000 Award Level $ Requested $24,000 $25,600 $6,400 $4,000 $60.000 EXHIBIT F BUDGETFORM Agency Provider Name Collier County Hunger & Homeless Coalition /INCCC Shelter for Abused Women & Children St. Matthew's House NAMI of Collier County Existing New Service Servi YES YES YES NO EXHIBIT G EXPENDITURE SCHEDULE YES NO NO NO Number Served Approx 200 Approx 20 Approx 320 Approx 14 ' 554 Total Persons To Be Served 16D17 TOTAL GRANT $60,000 $7,400 $17,800 $19,400 $15,400 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, 2009. FURTHER, ALL CHALLENGE GRANT FUNDS SHALL BE DRAWN PRIOR TO JUNE 30, 2009 Estimate Draw By Quarter Ending Bud eted 9130108 12/31108 3131109 6130109 $24,000 $ $4.000 $12,000 $8 $25,600 $66,400 $6,400 $6,400 $6,400 $6,400 $_ $6,400 $ $ $4,000 $1,000 $1,000 $1,000 $1 000 TOTAL GRANT $60,000 $7,400 $17,800 $19,400 $15,400 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, 2009. FURTHER, ALL CHALLENGE GRANT FUNDS SHALL BE DRAWN PRIOR TO JUNE 30, 2009 COLLIER COUNTY 16017 HOUSING AND HUMAN SERVICES DEPARTMENT DIVISION OF PUBLIC SERVICES Affordable Housing • Federal Grants • RSVP • Services for Seniors • Social Services 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 seven (7) agencies now currently participating in the program. This project is identified in CoC Part III N 10 -Year Plan as objective #5 which is attached for your review. Shelter for Abused Women and Children request financial assistance in hiring one Case Counselor and 55% of a second Case Counselor 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 support services to assist them in securing additional resources. This project is identified in CoC Part III N 10 -Year Plan as objective #7, under Other CoC Objectives in 2007, which is attached for your review. St. Matthew's House homeless shelter is requesting a small grant to leverage private dollars received for bus tokens and the operating cost of a existing passenger van to provide transportation for the homeless men, women and children who reside at St. Matthew's House. This project is identified in CoC Part III N 10 -Year Plan as objective 94 which is attached for your review. 6 16D 17 National Alliance on Mental Illness of Collier County is requesting funds to provide opportunities for homeless individuals suffering from mental illness to participate in group functions, peer activities, and wellness assistance, including medications, psychiatric evaluation, and dental. This project is identified in CoC Part III N 10 -Year Plan as objective #10, under Other CoC Objectives in 2007 — Amendment to 2007, which is attached for your review. Lead Agency Certifyin Official d Title: Tom Henning, Chairman Board of County Commissioners e Signature: Date: ATTEST: DWlWiTiEi,�BROCK, CLEW De O-C - u :�lpnatw't .fit �., 7Pro a :.1/�.gl��L;l ®��udFlraesc `,..;. my aptcrno° TZ �.v Item# Agenda Date Dat Recd e1 IN s., cC .L7 U y v" C1 O Q b � A.J J v r41 Q r•1 Uv U *4 ^� �1 s U �z �s C U Q L C R 7 0 ACAS Y'1 y O U 0 a L Aaao aa..s:•v...�., y b o v o n s.teaaC S ¢t � J aUamnN[ v o r. sglnom ZI ¢[ �¢amanacgayo\ o (ranaZ3aaz.cn�) ,ti ° o 0 aagaseg o v ysl O � �•O v �O 0 y �� N N gOgO U a b a y x x a3i� c3 a p o �qa v �C b c. a �-7 v Y o a a ro o o w o f° GO CIO Y Y ."i��', G tp, ' �7 U O x 73 „ a �Y a.� v° w° b y a b � N o° ax�� > It C.g o y ab a.Q °r o pl ' 0 Few `a rl '� 'n a�oU I � o�AG �� y y �.� p �. 73 H �o 0 3 ea a �U,-y1 O. 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The four agencies requesting funds are: Activity/Priority #1 Collier County Hunger & Homeless Coalition: Funding Level: Requesting $60,000 to be fully funded at $150,000 level; or $40,100 at $100,000 level; or $24,000 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 7 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, supplies, personnel, rent and operational costs. 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 overall Continuum of Care system within Collier County. Activity/Priority #2. Shelter for Abused Women and Children: Funding Level: Requesting $64,000 to be fully funded at $150,000; $42,600 at $100,000 level; or reduced to $25,600 at $60,000 Award Level The grant request of $64,000 will be used to pay for one full -time Shelter Advocate /Counselor and 55% 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. I 16D17 Activity /Priority U. St. Matthew's House: Funding Level: Requesting $16,000 to be fully funded at $150,000; to be funded for $10,700 at $100,000 level; funding at $6,400 at $60,000 Award Level. A grant request of $16,000 will be used to provide transportation needs for the homeless. St Matthew's House will provide bus tokes and maintenance on an existing passenger van to transport clients for medical appointments, job interviews, support meetings and any emergency situations requiring transportation. The resources would be used in conjunction with funds received from outside donors. Activity/Priority 94. National Alliance on Mental Illness: Funding Level: Requesting $10,000 to be fully funded at $150,000; to be funded for $6,600 at $100,000 level; funding at $4,000 at $60,000 Award Level. National Alliance on Mental Illness of Collier County's mission is to improve the quality of life of individuals suffering from mental illness. Grant funds will be use to provide opportunities for homeless individuals to participate in group functions, receive financial support, and other assistance in the form of psychiatric evaluations, medications, eye glasses, and dental work. Collier County's Gaps Analysis and annual homeless count demonstrate a need for the above mentioned projects being requested in this grant application. 14 16D 17 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 (211/06 to 1/31/07) 9 Beds Number of Permanent Beds for Chronic Homeless 2006 0 Beds Divide the Number of New Beds( 9 ) by the Total Permanent Beds in 2006 ( 0 ) to calculate the percentage change in Beds ( n/a %). Documentation Required. Attach to this form, HUD 40090 -1, CoC -V. (2007) 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 Required. • Attach HUD form 40090 -1, CoC -P (2007) 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 4 number of the six methods /processes, listed in (a) to (f) Documentation Required HUD form 40090 -1, CoC -F, (2007) 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. �r 16D 17 Documentation Required • Form HUD 40090 -1, CoC -X, Mainstream Programs and Employment Project Performance Chart. (2007) 5. Project Performance: Food Stamp Benefits 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 1. 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 4 above. One copy only required. • HUD 40090 -1, CoC -X, Mainstream Programs and Employment Project Performance Chart. (2007) 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 form. Documentation Required • HUD form 40090 -1, CoC -X, Mainstream Programs and Employment Project Performance Chart. (2007) One copy only required for this form from 3 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." 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 form 40090 -1, CoC -X, Mainstream Programs. (2007) (Same as required for items 3, 4, and 5 above. One copy only required) I -, 16D 17 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. 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 (2007) 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] 75 % 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 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 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 Housing 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). 11, 16017 Documentation Required • HUD 40090 -1, CoC -I, Permanent Supportive Housing (2007) • HUD 40090 -1, CoC -I, Emergency Shelter (2007) • HUD 40090 -1, CoC -I, Transitional Housing (2007) 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. (2007) 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. (2007) • Lead Agency Certification ,> 1 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 Naples /Collier County CoC Collier County Housing & Human Services Tom HenninQ, ihairman B and of County Commissioners 16017 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. ATT.IESt �' pK 491GNT E. SROC'K" u� rk APCWF - 4 !spa; sufficiency ,,„ cun ?y 4ttorne�r 16DI 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 l: 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 year. Year Number of CH Persons Number of PH beds for the CH 2005 44 0 2006 73 0 2007 52 9 Briefly describe the reason(s) for any increases in the total number of chronically homeless persons between 2006 and 2007: Based on the January 2007 point in time count, there was a decrease 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 3l, 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 $ $ $ $ $ Collier County, Florida 2007 Continuum of Care Exhibit t Foam HUD - 40090 -1 34 16D a OC oC Coordination Chart 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 I Yes No a. Do Con Plan planners, authors and other Con Plan stakeholders participate in CoC general planning meetings? E ❑ b. Do CoC members participate in Con Plan planning meetings, focus groups, or public forums? ® 0 c. Were CoC strategic plan goals addressing homelessness and chronic homelessness used in the development of the Con Plan? ❑ 2. Jurisdictional 10 -year Plan Coordination a. Is there one or more formal jurisdictional l0 -year Plan(s) being developed and/or being implemented within your CoC geography that are separate from the CoC l0 -year plan? If No, you may skip to Question 3a.) ❑ b. Do 10 -year Plan conveners, authors and other stakeholders participate in CoC general lannin meetings? ❑ ❑ c. Have 10 -year Plan participants taken steps to align their planning process with the local CoC plan? ❑ ❑ d. Were CoC strategic plan goals used in the development of the 10-year Plan(s)? U1 Li 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 I mainstream housing resources? ❑I Collier County, Florida 2007 Continuum of Care Exhibit t Form HUD - 40090 -1 27 ?I 16D17 VF:oC Project Review and Selection Chart V e CoC solicitation of projects and project selection should be conducted in a fair and impartial manner. Please mark all appropriate boxes to indicate all of the methods and processes the CoC used in the past year to assess project(s) performance, effectiveness, and quality, particularly with respect to the Project Priorities Chart (CoC -Q). This applies to new and renewal projects. Check all that apply: 1.0 en Solicitation a. Newspapers LJ I d. Outreach to Faith -Based Grou s b. Letters/Emails to CoC Membership e. Announcements at CoC Meetings c. Responsive to Public Inquiries f. Announcements at Other Meetings 2.Objective Rating Measures and Performance Assessment a. CoC Rating & Review Committee Exists '. Assess Spending fast or slow) b. Review CoC Monitoring Findings k. Assess Cost Effectiveness c. Review HUD Monitoring Findings ® 1. Assess Provider Organization Experience d. Review Independent Audit m. Assess Provider Organization Capacity e. Review HUD APR for Performance Results � n. Evaluate Project Presentation f. Review Unexecuted Grants o. Review CoC Membership Involvement g. Site Visit (s) P. Review Match h. Survey Clients q• Review All Leveraging Letters (to ensure that they meet HUD requirements) i. Evaluate Project Readiness 3. Voting/Decision System a. Unbiased Panel / Review Committee d. One Vote per Organization b. Consumer Representative Has a Vote e. Consensus (general agreement) c. All CoC Members Present Can Vote £ Voting Members Abstain if Conflict of Interest G: CoC Written Complaints Chart Were there any written complaints received by the CoC regarding any CoC matter M 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. In addition, the tenant filed a housing discrimination compliant with HUD which was investigated. There have been no other corn Collier County, Florida 2007 Continuum of Care Exhibit l Form HUD - 40090 -1 2Z 16017 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 fiirther 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 El CoC Priorities Chart. 01 All renewal projects on the CoC Priorities Chart that are not exempted from reporting in the APR are IK included in calculating the responses below. (1) Number of Adults Who Left (Use same number in each cell) I (2) Income Source (3) Number of Exiting Adults with Each Source of Income (4) Percent with Income at Exit Col 3— Cot I x 100) Exam [e: 105 a. SSI 40 38.1% Exam Ie: 105 b. SSDI 35 33.3% 8 a. SSI 0 0 8 b. SSDI 0 0 8 c. Social Security 0 0 8 d. General Public Assistance 0 0 8 e. TANF 1 12.5% 8 f. SCHIP 0 0 8 g. Veterans Benefits 0 0 8 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 1. Food Stamps 3 37.5% 8 m. Other leasespecify) WIC 3 37.5% 8 n. No Financial Resources 1 12.5% Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD - 40090 -1 36 23 16D17 iyoC 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 m Permanent Housing (PH) HUTssing ng the percentage of all participants who remain in S +C or SHP permanent housmore than six months. SHP projects include both SHP -PH and SHP -Safe Haven PH rmplete the following chart using data based on the most recently submitted APR for ) and 12(b) for PH projects included on your CoC Priority Chart: le PH renewals are on the CoC Project Priorities Chart APR ❑ All PH renewal projects with APRs submitted are included in calculating the responses below Data a. Number of participants who exited PH roiect (s) —APR Question 12(a b. Number of participants who did not leave the project(s)—AP Question 12(b) c. Number who exited after staying 7 months or longer in PH —APR Question l2(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 b 100 = e.) ° �0 .p A MAW 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 Question 14 for TH renewal projects included on your 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 below Data 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 (b, divided by a., multiplied by t00 = c.) 75% Collier County, Florida 2007 Continuum of Care Exhibit t Form HUD - 40090 -I 35 70 c ti c 5 e P C k C o w A C, I A � � O e O ry o r� C7 O C Cif G y a m m o p 6 • M R� Q N R,. d CA Ln rA GJ K O U) o r � O 3 w w rn vNi 0 z yz l_J C t7 O o <" a R � o !T ^I � C m � R P ewe o Q o o w I fn R 07 C w m � CD O O C7 •+, w d ro a ° t:r G � x N < y � 0" P a � O � w to Y 6 as C o p o < a o� O w W W ny CD a g ° a aLn o�GJtz m E to to r b7 � rs rL C L03 tp R o w A C, I A � � O e O ry o r� C7 O C Cif G y a m m o p 6 • M R� Q N R,. d CA Ln rA GJ K O U) o r � O 3 w w rn vNi 0 z yz l_J C t7 O o <" a R � o !T ^I � C m � R P ewe o Q o C O O �3 i� o w I fn R 07 C w m � C O O C7 •+, w d > a d O G � p N a y � P a � � O � w to Y 6 as C o < a o� O w W W ny a C O O �3 i� Z3 o w a fn R 07 C w � C O C7 •+, ••7 d > a d O .O. � N N a y � P a � � R d R Z3 o F a R 07 C w � � C O ••7 d > a d O .O. � N N a y � P a � � R d R w C e F CAD v R 07 C � � C O ••7 d > a d O .O. � N N �Cy gr P a � � R d R w to O 6 as C fn e F CAD v R 07 C by � C W ••7 O O O O .O. � N N �Cy gr P a � � R d R m to 6 as C o < a O O W W N = =®m UI�I�I�I� t I w I-,. � 16D1 r� 6 0 I � r� A rA ^T C• (p ti F n p. 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C"' P. • • tz A O by W rn o w a� o � a e 16D1 CoC Homeless Population and Subpopulations K -oC Point -in -Time Homeless Population and Subpopulations Chart Indicate date of last point -in -time count: (01/26/2007) Part 1: Homeless Sheltered Unsheltere Po elation d Total Eme enc Transitional 1. Number of Households with D endent Children: 9 21 2 32 la. Tot 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 l65 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 l Form HUD - 40090 -1 14 'l l 16D17 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, SCRIP, 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? Check those activities implemented by a majority of your CoC's homeless assistance providers ll that a 1majority Applicant Name of homeless assistance providers have case managers systematically assist clients in Grant Amount m letin a lications for mainstream benefit ro ams. kcheck e CoC systematically analyzes its projects' APRs to assess and improve access to $514,000 NOT APPLICABLE instream ro ams. e CoC has an active planning committee that meets at least three times a year to improve oC -wide participation in mainstream programs. A majority of homeless assistance providers use a single application form for four or more of the above mainstream 2rograms. The CoC systematically provides outreach and intake staff specific, ongoing training on how to 'bA:, identi eli and ro am chan es for mainstream programs. The CoC or any of its projects has specialized staff whose primary responsibility is to identify, enroll, and folinw-un with homeless ersons on artici ation in mainstream programs. A majority of homeless assistance providers supply transportation assistance to clients to attend mainstream benefit appointments em to Ant trainin 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. 7Aiineireented Grants Awarded Prior to the 2006 CoC Competition Chart 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• Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD - 40090 -1 37 EXHIBIT D LEVERAGED FUNDING A. McKinney -Vento Homeless Assistance Act Grants List each grant award claimed separately under the McKinney -Vento Program. Grant Grant Award Program Amount # /Reference 1. Homeless Veterans Reintegration $ 2. Health Care for the Homeless $ 3. PATH $ 4. Education for Homeless Children $ 5. Emergency Shelter Grant $96,494 6. Shelter Plus Care $ 7. Supportive Housing Program $217,645 8. Section 8 Moderate Rehab., SRO $ 9. Emergency Food & Shelter $ TOTAL GRANTS $236,955 A. Private Cash for Services to Homeless Persons Participating Continuum Agenc, 1. SAWCC Inc 2. St. Matthew's House 3. CCHHC member agencies 4. NAMI of Collier County TOTAL PRIVATE CASH Cash Received _ $3,481,933 _ $1000,000 _ $15,110 $ 5.000 $4,502,043 TOTAL LEVERAGE CLAIMED A. McKinney Act Grants $236,955 B. Private Cash $4,502,043 Lead Agency Certification: S07UC120024 FL1413706003/2 Date of Grantor Executed Award Letter (attach copy) Source Documentation (Attach letter from agency chief executive officer on agency letterhead certify the cash received and the homeless services supported by that cash.) 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. 4 m n �.:aga �oicdencpy Name of Lead Agency: Collier County Housing & Human Services (�{ Name of Certifying Official: Tom Henning ATTEST: DWIGHT E., BROCK,, Ctrl: Title /Position: Signature of Ci Date Signed: , 20106 J„Exro, us U.S. Department of Housing and Urban Development i; tea Atlanta Region, Miami Field Office Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131 -3042 March 13, 2008 Ms.Marcy Krumbine, Director Collier Housing & Human Services 2800 North Horseshoe Drive, Suite 400 Naples, FL 34104 Dear Ms. Krumbine : SUBJECT: Transmittal of Grant Agreement Supportive Housing Program (SHP) Project Number.FL14B706002 Project Identifier Number.FL1 F(_ 14139 16D 17 Congratulations on the final selection of Dedicated HMIS Renewal Pro ject 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 for grant FL14B% 6003 further coritributing 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 $4 990 Enclosed are three copies of the Renewal Grant Agreement that constitutes the agreement between you and HUD. Please sign all three and return them to this office within two weeks of receipt of this letter. When they are received, HUD will execute them, and one will be returned to you. Your new Voice Response Number for your renewal grant will be generated and sent to you under separate cover. 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. HUD's mbsion is to Increase homeownershlp, support commun* development and increase access to affordable housi g freef vm discrbninatkn. www.hudgov espsnoi.hudgov -> r 16D17 No funds can be disbursed to you until the Renewal Grant Agreement is fully executed. Be advised that the renewal will start at the end of the current active grant as stated in the agreement. If you have any questions, please contact (Ronald M Muscarella Senior Community Planning and Development Representative at ( 305) 536.4431 Ext. 5014. HUD looks forward to working with you toward the successful continuation of your Supportive Housing Program project. Sincerely, z- i I, Director Community Planning and Development Division Enclosures "Bw oeve�° March 13, 2008 U.S. Department of Housing and Urban Development Atlanta Region, Miami Field Office Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131 -3042 Ms.Marcy Krumbine, Director Collier Housing & Human Services 2800 North Horseshoe Drive, Suite 400 Naples, FL 34104 Dear Ms. Krumbine : SUBJECT: Transmittal of Grant Agreement Supportive Housing Program (SHP) Project Number:FL14B706001 Project Identifier Numbe4tt4'f5'! FL 140(.1 16D 17 -OF JA 10: 73 RCJD Congratulations on the final selection of Shelter for Abused Women & Children (SAWCC) 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 for grant 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 $113,000 allocated as follows: 1. Grant for operating $56,500 2. Grant for supportive services $56,500 3. Grant for leasing $-0- 4. Grant for HMIS 5. Grant for administration $_0- Enclosed are three copies of the Renewal Grant Agreement that constitutes the agreement between you and HUD. Please sign all three and return them to this office within two weeks of receipt of this letter. When they are received, HUD will execute them, and one will be returned to you. Your new Voice Response Number for your renewal grant will be generated and sent to you under separate cover. 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. HUD's mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination. www.hud.gov espanol.hud.gov i 16017 No funds can be disbursed to you until the Renewal Grant Agreement is fully executed. Be advised that the renewal will start at the end of the current active grant as stated in the agreement. If you have any questions, please contact (Ronald M. Muscarella, Senior Community Planning and Development Representative at ( 305) 536.4431 Ext. 5014. HUD looks forward to working with you toward the successful continuation of your Supportive Housing Program project. Sincerely, i a rtiz -Hill, Director d Community Planning and Development Division Enclosures %:1 16D17 In 0000 M A A V n T-n -n O r r r n S1 z� O O '0; m0 m y O z z O W, O � O � A OD 4 D. O tD 9 W U7 � O O co OD O_ N O O m Leverage Ratio Calculations: 1. 1601 251 = $ /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. — 251 = $ /1000 population Total Private Cash = Population of Catchment Area = Ratio Leverage Claimed from Exhibit H 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, 2007 and June 30, 2008. 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. 3 �° 16D 1. 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 -1 2006 HUD 40090 -1, CoC -K 2007 HUD 40090 -1, CoC -K 2. Add theTotal Homeless for ALL three years 1,550 Total Homeless Population (Persons) 553 513 484 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 517 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 - 251,000 = .0021 Average Total Homeless 2000 Population of Your Ratio of Homeless per 1000 Population, 2005 -2007 Catchment Area, Exhibit H persons in catchment area Lead Agency Certification: 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: Tom He ing, Ch 'r an Signature of Certifying Official: Date Signed: 2008 Board of County Commissioners ATTEST: — D[i3GHT E. BROOK. CI filgl aG e c 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. � 16D17 Performance Measures Performance Measures #1: The Coalition's HMIS program will continue to provide ongoing training and technical assistance to the seven (7) agencies utilizing the HMIS system. Challenge funds will be used to support and assist in the implementation of (2) additional new agencies which will be on tract to become fully operative system users by August 2008. In additional, the funds will be used to identify and assist two (2) more agencies in utilizing the HMIS system, bringing the total users to eleven (11). 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 served by the case managers. By the end of the funding term, 50 homeless women and children will be served collectively by these case managers. Shelter staff will work closely with 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 providers. We will also measure outcomes by our participant satisfaction surveys, as well as pre and post tests administered by Shelter Advocate/ Counselor. Once residents leave the shelter, women and children will be encouraged to continue receiving counseling and attending weekly support groups. Shelter staff is able to assess their progress at this time. Performance Measures #3: 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 800 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. Providing transportation needs will ensure that residents have the ability to get outside services and support they need to regain health and recover from homelessness. Performance Measures #4: National Alliance on Mental Illness (NAMI) performance measure will be based on the number of homeless clients served. For the term of this grant, NAMI will be serving 35 clients on a variety of activities. These activities include participation in group functions at their Sarah Ann Center, community activities through their social support program (COMPEER), and assistance with medical, dental, and psychiatric needs. 16D 17 (8) ABILITY TO COMPLETE ACTIVITIES: 41 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 five 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 seven 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. In addition, Collier County Hunger and Homeless Coalition has hired a HMIS administrator, Steve Perkins, to be responsible for planning, analysis, design, and implementing the HMIS system. Mr. Perkins has over thirty years of information systems experience. Mr. Perkins will be introducing and presenting the benefits of the HMIS system to potential participants and inviting them to become a member agency. By the end of 2009, a total of eleven (11) agencies will be actively contributing and sharing data via HMIS. #2 Shelter for Abused Women and Children (SAWCC) is highly capable of completing the defined activities before the end of June 2009. The Shelter has 40 emergency shelter beds and 20 beds designated for transitional living. Most of the beds in the Shelter are filled every night. The project could be implemented immediately once a contract is drawn, as case management is a permanent service at the Shelter. 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 initially provided only a few counseling groups per week, but now offers 22 support groups. The English and Spanish speaking groups also include creative counseling which is offered in Naples and Immokalee for women and children. Shelter staff also facilitates prevention programs in almost every public school in Collier County. What's more, the Shelter was 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 an existing passenger van solely committed for carrying out the activity. Transportation expenses are only a small percentage of the operational budget. Not only does the St Matthews House receive over $1,000,000 /year from donors, they generate over $1,000,000 in revenue through the thrift store and other enterprising opportunities. The majority of their clients that will be utilizing the transportation are housed within the agency. 44 National Alliance on Mental Illness has been providing support services to individuals with mental illness in Collier County since 1987, and has been award "most outstanding affiliate of the year" in 2003. The Sarah Ann Center has been in operation for the past five years. The center provides activities that increase socialization skills, computer skills, and artistic capabilities. One of its managers has been homeless and can identify with the targeted population in becoming self - sufficient. The CONSUMER CARE program has been a part of NAMI since its inception and is a big part of the fundraising efforts during the annual walk. ?9 16D 17 (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 six (6) 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. ({c) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 , 18 TO ACCOMPANY ALI, 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 act m on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or in formation needed. If the document is already complete with the _. _ _ " --- ._1 __...:_., c...,.. «, .6.,...,.h as I o, the rherklist and forward to Sue Filson (line #5). execration of the Chairman's sl nature, maw a uuc uuou a Route to Addressee(s) (List in routing order) 1. o.. .... ..... .. ........... Office Initials Date Contact Grants Support Specialist (Initial) Applicable) 2. June 24, 2008 Agenda Item Number 16 -D -18 Approved by the BCC 3. Type of Document 4. Colleen M. Greene, ACA County Attorney 2 07/02/08 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 otiiee only after the BCC has acted to approve the Item. Name of Primary Staff Lisa Oien Phone Number 252 -6141 Contact Grants Support Specialist (Initial) Applicable) Agenda Date Item was June 24, 2008 Agenda Item Number 16 -D -18 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document Greater Immokatee Front Porch Number of Original 2 Attached Subreci ient A reement DRI Documents Attached 1N9TRltCTIIINS R. CHECKLIST I: Forms/ County Furors/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 umatter number» /«document number,, Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not (Initial) Applicable) I. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the CMG 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 CMG 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 CMG 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 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 06/24/08 and all changes made during the meeting CMG have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 7. 1 Please return I executed original to Lisa Oien CMG I: Forms/ County Furors/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 umatter number» /«document number,, 16DI8 MEMORANDUM Date: July 3, 2008 To: Lisa Oien, Housing and Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A Subrecipient Agreement providing Supplemental Disaster Recovery Initiative (DRI) funding to Greater Immokalee Southside Front Porch Community, Inc. for hurricane hardening at the Immokalee Apartments Attached you will find an original Subrecipient Agreement, as referenced above (Agenda Item #16D18) and approved by the Board of County Commissioners on Tuesday, June 24, 2008. The Minutes and Records Department has retained the second original where it will be held as part of the Board's permanent record. If you should have any questions, please call me at 252 -8406. Thank you. Attachment (1) 16®18 AGREEMENT BETWEEN COLLIER COUNTY AND Greater Immokalee Southside Front Porch Community, Inc. Immokalee Apartments, Hurricane Hardening Florida Administrative Code 9BER06 -1 CFDA # 14.228 THIS AGREEMENT, is made and entered into this day of 1200 , by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and "Greater Immokalee Southside Front Porch Community, Inc.," a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 419 North 1st Street, Immokalee FL 34143, and its Federal Tax Identification number as 20- 4654356, hereinafter referred to as "SUBRECIPIENT ". WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Community Affairs; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit very low and low income persons by addressing hurricane impacted housing public facility and community development needs; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Community Affairs for $2,814,698.15 in Community Development Block Grant Disaster Recovery Initiative Funds relating to Hurricane Wilma with Resolution 2008 -87 on April 8, 2008; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved 2005 Disaster Recovery Subgrant Agreement; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Disaster Recovery Initiative (DRI) Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: Immokalee Apartments Page 1 of 23 I. 16 D 18, (1) "COUNTY" means Collier County, and where applicable, its authorized representative(s). (2) "CDBG" means the Community Development Block Grant Program of Collier County. (3) "HHS" means the Housing and Human Services Department of Collier County. (4) " SUBRECIPIENT" means Greater Immokalee Southside Front Porch Community Inc. (5) "HHS's Approval" means the written approval of the Housing and Human Services 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 ". (9) "DRI" means Disaster Recovery Initiative Program (10) "DCA" means Florida Department of Community Affairs IL SCOPE OF SERVICES The SUBRECIPIENT 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 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 DCA under Agreement No. 08DB- D3- 09- 21- 01 -AO3. The effective date of the Agreement between Collier County and the DCA shall be May 14'h 2008, 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 May 13, 2010. 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. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY and DCA, in an amount not to exceed Five Hundred Thousand Dollars ($500,000) for the services described in Exhibit "A All improvements specified in Exhibit "A" shall he performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal/state 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. Immokalee Apartments Page 2 of 23 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 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. COUNTY is bound by the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed by the State of Florida and COUNTY to require SUBRECIPIENT to acknowledge the following, as applicable: 1. SUBRECIPIENT acknowledges that it will adhere to all applicable terms of the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed between the State of Florida and COUNTY as outlined in Attachment A: Program Guidelines; 2. SUBRECIPIENT acknowledges that it will adhere to all applicable State and Federal laws and regulations; 3. SUBRECIPIENT acknowledges that the Florida Department of Community Affairs and the COUNTY shall be held harmless against all claims of whatever nature arising out of the SUBRECIPIENT'S performance of work. If needed, SUBRECIPIENT may be called upon to assist COUNTY during a natural disaster or emergency. 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 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 the HHS Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT 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 the HHS Department or designee within forty -five (45) days of said official notification. B. COMPLIANCE WITH LOCAL STATE 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, Immokalee Apartments Page 3 of 23 1616 1 1. 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. 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. Immokalee Apartments Page 4 of 23 16018 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 Grant 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. 31. Chapter 427, Florida Statutes — which requires the coordination transportation for the disadvantaged. 32. Chapter 403.7065, Florida Statues - which refers to the procurement of products or materials with recycled content. 33. Chapter 39.201, Florida Statutes - that any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, as defined in Immokalee Apartments Page 5 of 23 160 16 this chapter, shall report such knowledge or suspicion to the Central Abuse Hotline (1- 800- 962 - 2873). 34. Chapter 415.1034, Florida Statutes - that any person who knows or has reasonable cause to suspect that a vulnerable and or disabled adult has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the National Center on Elder Abuse Hotline (1 -800- 962 - 2873). 35. Chapters 435.03 and 435.04, Florida Statutes — that if any personnel in programs under this contract work directly with children or youths and vulnerable or disabled adults — employment screening is required. 36. Chapter 216.347, Florida Statutes - prohibits the expenditure of contract funds for the purpose of lobbying the legislature, state or county agencies. 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 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." 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 HHS 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. 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. 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. Immokalee Apartments Page 6 of 23 16018 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 HHS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS, State and Federal support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. This sign's construction utilizes a minimum conventional 4'X8' plywood back panel and other conventional construction materials and methods. 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 HHS 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. 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 or DCA specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. Immokalee Apartments Page 7 of 23 16018 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 SUBRECIPEFNT 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 .. ... _ _i ._t � :..:..:.. .. —47+1,— Qfn+_ of pin,4rin itc agree primary basis. 4. CERTIFICATE OF INSURANCE coverage on a 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 HHS 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. 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 Immokalee Apartments Page 8 of 23 16D 18 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 REOUIREMENTS 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 - KEEPIN G I. The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations. 2 l reports, surveys, documents, dt develod prreparedssmbl d, or comp eted by he SUBRECIPIENTfor the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT 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 SUBRECIPIENT shall keep all documents and records for five (5) 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 HHS 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 compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASIN G 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. Immokatee Apartments Page 9 of 23 E. 16D 18 HHS 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 HHS, the COUNTY, DCA or HUD at any time. F. PRIOR WRITTEN APPROVALS- SUMMARY The following activities require the prior written approval of the HHS Department 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; (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 DRI funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HHS, the COUNTY, DCA, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HHS, the COUNTY, DCA, 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 HHS. 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 HHS. Such income would include, but not be Immokalee Apartments Page 10 of 23 16018 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 HHS, and said plan shall require the prior written approval of the HHS 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 DRI 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 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. 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 CDBGareas designated by Collier County in the Annual Consolidated Plan approved by HUD. Immokalee Apartments Page I 1 of 23 16D 18 C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be very low and low 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 HHS upon HHS' request. D. EVALUATION AND MONITORING The SUBRECIPIENT 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, au budgets, dit reports, and output measures. The SUBRECIPIENT 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 SUBRECIPIENT shall, upon the request of HHS, submit information and status reports required by HHS; the COUNTY or HUD on forms approved by HHS to enable HHS to evaluate said progress and to allow for completion of reports required HHS by HUD. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHS 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 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 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. Immokalee Apartments Page 12 of 23 16D 18 H. CERTIFICATION REGARDING LOBBYIN G 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 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. lmmokalee Apartments Page 13 of 23 XI. XII. 1.3 C. 16018 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 4 CFR <M608 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all at 2 , 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 in excess of Twenty -five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). Immokalee Apartments Page 14 of 23 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. ATTACHMENT A The SUBRECIPIENT shall agree to abide by the program guidelines as excerpted from the federally funded 2005 Disaster Recovery Subgrantee Agreement executed by the State of Florida Department of Community Affairs and Collier County, which are herein incorporated as "Attachment A ". XV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -three (23) enumerated pages, which include the exhibits and attachment 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. Immokalee Apartments Page 15 of 23 XVI. ENTIRE UNDERSTANDIN G 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. IN WITNESS THEREOF, the parties hereto have caused this 23 page agreement to be executed by their undersigned officials as duly authorized by agreement between Collier County and the DCA effective the 14" day of May 2008. (SUBRECIPIENT SEAL) ATTEST: q DWIGHT . g cGLERK By: rC �rAtTA1s Mat ° er�C ttgm►t�w,y, wrtl�, =�' Approved as to form and legal sufficiency: Colleen M. Green6 Assistant County Attorney �cting Chair BOARD OF COUNTY COMMISSIONERS OF COLL R CO Y, FLORIDA BY TOM HENNING, CHAIRMAN Item # Agenda Date Date 6g Rec✓� -3 ,�V d Immokalee Apartments Page 16 of 23 • 16018 EXHIBIT "A" SCOPE OF SERVICES Greater Immokalee Southside Front Porch Community, Inc. THE SUBRECIPIENT AGREES TO: A. PROJECT DESCRIPTION: Greater Immokalee Southside Front Porch Community, Inc., has been awarded five hundred thousand dollars ($500,000.) for its project to hurricane harden the one hundred (100) low income rental apartments at the Immokalee Apartments in Immokalee, Florida. Funding will be used to purchase and install hurricane resistant high - impact windows and doors, sleeves for relocating window air - conditioners, and repairing roofs for hurricane readiness. Final completion date for funded activity shall be no later July 31, 2009. The Subrecipient will be responsible for the following: NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings /specifications to HHS and obtain a letter of approval prior to bidding the construction work. The final number of units to be constructed must be reported to the HHS staff as soon as the determination is made if it differs from the proposed 3 units. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, advertise and bid such work in sealed bid manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be bond, 00 % payment bond and 100% performane the bond gfor any contract ttthapex exceeds $100,000. require a bid 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. The SUBRECIPIENT shall obtain HHS's approval prior to awarding the construction contract to be funded through this agreement. The SUBRECIPIENT shall submit the name of the contractor to ensure the business is not federally debarred. After awarding such contract the SUBRECIPIENT shall submit bid minutes to HHS. HHS's approval is required prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from HHS 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. ADDITIONAL Responsibilities are: Posting of visible signage at the work site identifying the funding source(s) as mentioned in section VII part F. Collier County will be responsible for the direct payment to Greater Immokalee Southside Front Porch Community, Inc. for services invoiced. The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Immokalee Apartments Page 17 of 23 16018 B. BUDGET: Front Porch permitting DRI hurricane resistant windows and doors labor and related costs for installation of windows and doors Sleeves and related supplies for relocation of air conditioners and labor and related costs for installation roof materials and supplies for hurricane readiness labor and installation for roof repair for hurricane readiness TOTAL PROJECT COSTS $500,000 This listing is non - inclusive of specific quantities /types of materials. Exact quantities of materials will be provided at the time the subrecipient receives the final totals from their contractor(s). C. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing. D. 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. E. FORMER PROJECTS: Failure to adequately maintain any former CDBG/HOME /SHIP funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG/HOME /SHIP/DRI funds. F. WORK SCHEDULE: This time frame is subject to change as the project is executed. This work schedule is for the purpose of monitoring the progress of said project by the Subrecipient and HHS. The time frame for completion of the outlined activities shall be: Task End Date Procure contractor Jul — August 2008 Permitti I 5 tember — October 2008 Order Windows and doors November — December 2008 Installation of windows January — March 2009 Installation of doors January — March 2009 Installation and relocation of air- conditioners January — March 2009 Roof r air Aril — June 2009 Project Complete June 2009 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. Immokalee Apartments Page 18 of 23 16018 G. REPORTS: The SUBRECIPIENT 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 SUBRECIPIENT is paid with DRI 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 ". The progress reports shall be used as a bans for HHS approval of invoices, etc. for payment. H. 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). 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 Section G. 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 Section F will be required, unless modified in writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Immokatee Apartments Page 19 of 23 EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT Disaster Recovery Initiative Subrecipient Name: Greater Irnmokalee Southside Front Porch Community, Inc Subrecipient Address: 419 North 1" Street Immokalee Fl: 34142 Project Name: Immokalee Apartments Hurricane Hardening Project No: Dollar Amount Requested: Grant Amount Awarded Payment Request # STATUS OF FUNDS 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 Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ 500,000 I certify 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 Date Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) Immokalee Apartments Page 20 of 23 16018 EXHIBIT "C" DRI MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the I #h of the following month. Status Report for Month of Submittal Date: Project Name Project Number DRI Activity Number Subrecipient: Contact Person Telephone: (239) E -mail: Fax: (239) 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. Immakalee Apartments Page 21 of 23 0 • 6. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) Total Number of Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -BO %) Household 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 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 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 Extremely Very Low Income Female Head of Households or Persons Low Income Low Income (51 -BO %) Household Assisted (0 -30% (31 -50 %) Immokalee Apartments Page 22 of 23 16D 18 Subrecipients 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 Immokalee Apartments Page 23 of 23 ' #:T6 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. Immokalee Apartments Page 23 of 23 CONTRACTIWORK ORDER MODIFICATION _ .6D 18 CHECKLIST FORM PROJECT NAME: gliMIalee Acts. PROJECT # I& 05-08 _ _ PROJECT MANAGER: Lisa Olen SIDIRFP # NIA MOD #: 1 PO# 4600101972 WORK ORDER #: NIA DEPARTMENT: Houslnu and Human Services CONTRACTORIRRM NAME: Grtr 1.mm - §ffi0 ice FMWf2IX G9M Inc. Original Contract Amount: $ , 500,000 (Starting Point) Current BCC Approved Amount: $ 'CO^ 000 (Last Total Amount Approved by the BCC) Current Contract Amount: $600.000 (Inducing All Changes Prior To This Modiflcatlon) Change Amount: S-00-22 Revised Contract/Work Order Amount: S -@*Or Soo, O cam' (Inducing This Change Ordw) Cumulative Dollar Value of Changes to this CorWact/Work Order: $--00.00 _ Date of Last 8CC Approval 6/2412008 Agenda Item # _ 18D18 Percentage of the charge over/under current contract amount 0 % Formula: (Revised Amount I Last BCC approved amount)-1 CURRENT COMPLETION DATE (S): ORIGINAL: July 31.2009 CURRENT: fiber 31.. 2008 This change order w91: ❑ Add a new Task for S ❑ increase Task Number by i other, L771, 711 IMT7. . AA1� L♦ A Specify the reasons for the change(s) a 1. Planned or Elective r 2. Unforeseen Conditions r 3. Quantity Adjustments (- - 4. Comectlon of Errom (Plans, Specifications or Scope of Work) (' 5. Value Added r 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s). Identify all negative Impacts to the project if this change order were not processed: This changdwas nequested by: r1ContrgctodconsuWnti1-1� rl Using Department r CDES CDesign Profamlonal rlRegulatory Agency (Specify) r- Other (Specify) Mutual CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r Yes No This form Is to be signed and d APPROVED BY; Date: �i-L! Project Manager AP�OV�BY: Dale: REVIEWED BY: Date: 6 Contr c t peGallst IT 16x2$_ EXH]BIT A -1 Contract Amendment for Subrecipient Agreement Florida Administrative Code 9BER06 -1 CFDA# 14.228 "Greater Immokalee Southside from Porch Community, Inc." This amendment, dated && 4 &� (26 2009 to the referenced agreement shall be by and b"On the parties to the original Agreement, Greater Immokalee Southside Front Porcif Community, Inc. (to be referred to as Subrecipient) and Collier County, a political subdivision of the state of Florida, (to be referred to as "County "), Statement of Understanding RE: Contract Florida Administrative Code 9BERO6 -1 #14.228 "Greater Immokalee Southside Front Porch Community, Inc ". In order to continue the services provided fvr in the original Agreement document referenced above, the Sub - Recipient agrees to amend the above referenced Agreement as follows: Note- Words stmelth have been deleted. Words underlined have been added, Contract Project Description: Amend Completion date in Section A page 17 of 23 as follows Final completion date for funded activity shall be no later than Jul 31, X2009 December 31, 2009. Contract Project Description: Amend NOTE I on page 17 of 23 as follows NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to HHS and obtain a letter of approval prior to bidding the construction work. The 6nal number- - -of wits -m"- r8-ie"Ied to t c es -the e#etenat+e+�ae#hePrepe -tr: Budget: Front Porch outlined in item B on page 18 of 23 should also include, 3 2008 16D18 EXHIBIT A -I Contract Amendment for Subrecipient Agreement Florida Administrative Code 9BER06 -I CFDA#'14.228 "Greater Immokalee Southside Front Porch Community, Inc." Page 2 of 3 Work Schedule: Amend Work Schedule outlined in item F on page 18 of 23 Task End date Procure contractor J Fed 2(709, P Feb -A r12009 Roof : air `� April-November 2009 [mall windows April-November 2009 Pro'ect com lete December 2009 • a .!a -.� ! ^i/ ..0 + � I. +i' +,� ^.!! +! t a to .e �..+ F! ' ! «.! _ IN WITNESS WHEREOF, the Sub- Recipient and the Owner have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. All other terms and conditions of the agreement shall remain in force. SUBRECIPIENT: Greater Immokalee Front Porch Community Inc. By 9�K� Rot*rt Halman, Chairman Accepted. �, 2009 Owner: BOAR() OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PROJECT 'UORDINATOR y By: Lisa Oien DEPARTMENT DIRE OR Marcy Krum.61de EXHIBIT A -I Contract Amendment for Subrecipient Agreement Florida Administrative Code 9BER06 -1 CFDA# 14.228 "Greater Immokalee Southside Front Porch Community, Inc." Page 3 of 3 TOR CONTRACT SPECLALI'st By: *Wood ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI1 6 D 19 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 alter the Board has taken action on the item.) ROUTING SLIP Complete routing lines N 1 through N4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the e utition of the Chairman's signature draw n line thrnuvh miainu nn— 91 Nn ........ae.. u.. _. __, o____. 1, - ._. 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 I6D — q 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed ` 4. Im ct F Deferral Agree nt Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners &4c er 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 06/24/2008 Agenda Item Number I6D — q Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed ` Type of Document Im ct F Deferral Agree nt Number of Original 1 Attached &4c er Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC 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 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 -7// n a Office and all other parties exce t the BCC Chairman and the Clerk to the Board % j� 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 06/24/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if., licable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05 4183403 OR; 4373 PG; 2414 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 06/26/2008 at 03:OIPN DWIGHT B. BROCK, CLERK Return to REC FEE 27.00 COPIES 3.00 Frank Ramsey Retn: Comer County HHS CLERK TO THE BOARD 3301 Tamiami Trail Nap �j Naples, s, Florida 34112 INTEROFPICB 4TH FLOOR U EKT 7240 File# 08- 194 -IF LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this L4 } day of June, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Odelin Betancourt" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit `B," the amount of the deferred impact fees is Nineteen Thousand Four Hundred Eleven and 94/100 Dollars ($19,411.94). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5 %) per annum, but in no event shall it exceed twenty -five percent (25 %) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4373 PG: 2415 16019 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROGK,(Clerk By: I k C At "t as t0 • 0�Clerk itnesses Priri ame 4 r 1 Witness s: C of Print Name (I vjA Jf]A STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: HENNTNG, Chairmaf OWNER: OWNER: �detryl �e avlCaLf-I' The foregoing Agreement was acknowledged before me this ig day of MO by Qf�ef ((1 A( who is personally known to me or has produced IS I �(�� as proof of identity. _ M�ItMI{IM Pak - aft d raw low e...wa007r Sig u e o Perso,n 'aking Acknowle�l ent Approved as to form RecomTend Appro al: an legal sufficiency: w f ,... 14, Kimmh .., t A v (� -CI ((b arcy Krumbine, M A 6+4ef-Assistant County Attorney r ' l� Director Collier County Housing and Human Services OR; 4373 PG. 2416 * ** 16019 EXHIBIT "A" LEGAL DESCRIPTION Unit 1405, Vista III at Heritage Bay, a Condominium pursuant to Declaration of Condominium Recorded in OR Book 4322, Page 3638 Street Address 9055 Gervais Circle #1405, Naples, FL 34120 EXHIBIT `B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.04 B. Correctional Facilities Impact Fee $90.11 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 System Impact Fee $3,415.00 K. Sewer System Impact Fee $3,515.00 TOTAL IMPACT FEES $19,411.94 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP L n -)'z TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO U G 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 ONricc. 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 signntnre draw» line. thrnnoh .n..rle.. n..— bl rh.......l. ue ,...__r..._.I_ _. __, r. .. .... ... Route______ _�___ Route to Addressee(s) (List in routing order .... ......... .._.,_ ....... .,.....,..,..........,......�.. e,.0 Office .�. ware wouc nraun Initials rme s�. Date 1. Colleen Greene County Attorney Agenda Item Number 16 D 2.Chairman, Tom Henning BCC 3. The Shelter for abused Women and Number of Original 2 4. Children Documents 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 surmuary. 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 Contact Lisa Dien Grants Support Specialist Phone Number 252 -6141 Agenda Date Item was June 24,2008 Agenda Item Number 16 D Approved by the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be Type of Document The Shelter for abused Women and Number of Original 2 Attached Children Documents Attached Subreci ient agreement DR] 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 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 6/24/2008 (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 16023 MEMORANDUM Date: July 2, 2008 To: Lisa Oien, Housing and Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A Subrecipient agreement providing for "Supplemental Disaster Recovery Initiative" funding for the Shelter for Abused Women and Children Attached you will find an original Subrecipient Agreement, as referenced above (Agenda Item #16D23) and approved by the Board of County Commissioners on Tuesday, June 24, 2008. The Minutes and Records Department has retained the second original where it will be held as part of the Board's permanent record. If you should have any questions, please call me at 252 -8406. Thank you. Attachment (1) 16D23 AGREEMENT BETWEEN COLLIER COUNTY AND SAWCC, INC. (Shelter for Abused Women of Collier County, Inc.) Hurricane Hardening /Transitional Housing Florida Administrative Code 9BER06 -1 CFDA # 14.228 THIS AGREEMENT, is made and entered into this 2� day of S, vc , 200F1 by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ", and "SAWCC, 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 33941 and its Federal Tax Identification number as 59- 2752895, hereinafter referred to as "SUBRECIPIENT ". WHEREAS, the COUNTY has entered into an agreement with the State of Florida, Department of Community Affairs; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit very low and low income persons by addressing hurricane impacted housing public facility and community development needs; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Agreement with the Florida Department of Community Affairs for $2,814,698.15 in Community Development Block Grant Disaster Recovery Initiative Funds relating to Hurricane Wilma with Resolution 2008 -87 on April 8, 2008; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved 2005 Disaster Recovery Subgrant Agreement; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Disaster Recovery Initiative (DRI) Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: Shelter for Abused Women and Children Hurricane Hardening Page I of 23 1623 DEFINITIONS (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) "HHS" means the Housing and Human Services Department of Collier County. (4) " SUBRECIPIENT" means SAWCC. Inc. (5) "HHS's Approval" means the written approval of the Housing and Human Services 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 ". (9) "DRI" means Disaster Recovery Initiative Program (10) "DCA" means Florida Department of Community Affairs II. SCOPE OF SERVICES The SUBRECIPIENT 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 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 DCA under Agreement No. 08DB- D3- 09- 21- 01 -AO3. The effective date of the Agreement between Collier County and the DCA shall be May 14, 2008 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 May 13, 2010. 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. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY for allowable costs, determined by COUNTY and DACA, in an amount not to exceed Fifty Seven Thousand Dollars (57,000) for the services described in Exhibit 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/state 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. Shelter for Abused Women and Children Hurricane Hardening Page 2 of 23 16023 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 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 finds otherwise available for specified activities. COUNTY is bound by the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed by the State of Florida and COUNTY to require SUBRECIPIENT to acknowledge the following, as applicable: 1. SUBRECIPIENT acknowledges that it will adhere to all applicable terms of the Federally Funded 2005 Disaster Recovery Subgrantee Agreement, executed between the State of Florida and COUNTY as outlined in Attachment A: Program Guidelines; 2. SUBRECIPIENT acknowledges that it will adhere to all applicable State and Federal laws and regulations; 3. SUBRECIPIENT acknowledges that the Florida Department of Community Affairs and the COUNTY shall be held harmless against all claims of whatever nature arising out of the SUBRECIPIENT'S performance of work. If needed, SUBRECIPIENT may be called upon to assist COUNTY during a natural disaster or emergency. 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 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 the HHS Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT 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 the HHS Department or designee within forty -five (45) days of said official notification. B. COMPLIANCE WITH LOCAL STATE AND FEDERAL RULES REGULATIONS AND LAWS Shelter for Abused Women and Children Hurricane Hardening Page 3 of 23 16D23 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 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 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 Shelter for Abused Women and Children Hurricane Hardening Page 4 of 23 16023 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 100 -430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Grant 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. 31. Chapter 427, Florida Statutes -- which requires the coordination transportation for the disadvantaeed. Shelter for Abused Women and Children Hurricane Hardening Page 5 of 23 16023 32. Chapter 403.7065, Florida Statues - which refers to the procurement of products or materials with recycled content. 33. Chapter 39.201, Florida Statutes - that any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, as defined in this chapter, shall report such knowledge or suspicion to the Central Abuse Hotline (1- 800 -962- 2873). 34. Chapter 415.1034, Florida Statutes - that any person who knows or has reasonable cause to suspect that a vulnerable and or disabled adult has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the National Center on Elder Abuse Hotline (1- 800 -962- 2873). 35. Chapters 435.03 and 435.04, Florida Statutes — that if any personnel in programs under this contract work directly with children or youths and vulnerable or disabled adults -- employment screening is required. 36. Chapter 216.347, Florida Statutes - prohibits the expenditure of contract funds for the purpose of lobbying the legislature, state or county agencies. 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 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." 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 HHS 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. Any modifications to this contract shall be in compliance with the Shelter for Abused Women and Children Hurricane Hardening Page 6 of 23 16D23 County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 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 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 HHS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS, State and Federal support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. This sign's construction utilizes a minimum conventional 4'X8' plywood back panel and other conventional construction materials and methods. 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 HHS 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. 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 Shelter for Abused Women and Children Hurricane Hardening Page 7 of 23 16x23 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 or DCA 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 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 Housing & Human Services Department ". 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 Shelter for Abused Women and Children Hurricane Hardening Page 8 of 23 16D23 The SUBRECIPIENT agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with the HHS 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. 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 oh 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 The SUBRECIPIENT shall maintain all records required by the CDBG Federal Regulations. 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 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 SUBRECIPIENT shall keep all documents and records for five (5) 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 HHS 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 compliance with federal purchasing requirements and with other federal requirements for grant implementation. Shelter for Abused Women and Children Hurricane Hardening Page 9 of 23 16423 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 E. 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. HHS 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 HHS, the COUNTY, DCA or HUD at any time. F. PRIOR WRITTEN APPROVALS - SUMMARY The following activities require the prior written approval of the HHS Department 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; (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 DRI funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HHS, the COUNTY, DCA, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HHS, the COUNTY, DCA, 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 Shelter for Abused Women and Children Hurricane Hardening Page 10 of 23 16D23 (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 HHS. 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 HHS. 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 HHS, and said plan shall require the prior written approval of the HHS 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 DRI 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 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 Shelter for Abused Women and Children Hurricane Hardening Page 11 of 23 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 CDBGareas 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 very low and low 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 HHS upon HHS' request. D. EVALUATION AND MONITORING The SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT shall, upon the request of HHS, submit information and status reports required by HHS, the COUNTY or HUD on forms approved by HHS to enable HHS to evaluate said progress and to allow for completion of reports required HHS by HUD. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHS 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 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 Shelter for Abused Women and Children Hurricane Hardening Page 12 of 23 16D23 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: L 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. 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 CDBG Regulations including, but not limited to, the provisions Shelter for Abused Women and Children Hurricane Hardening Page 13 of 23 16D.� 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: I. 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 Shelter for Abused Women and Children Hurricane Hardening Page 14 of 23 1623 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 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 ($25,000) will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. ATTACHMENT A The SUBRECIPIENT shall agree to abide by the program guidelines as excerpted from the federally funded 2005 Disaster Recovery Subgrantee Agreement executed by the State of Florida Department of Community Affairs and Collier County, which are herein incorporated as "Attachment A ". XV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -three (23) enumerated pages, which include the exhibits and attachment referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. Shelter for Abused Women and Children Hurricane Hardening Page 15 of 23 � a XVI. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. IN WITNESS THEREOF, the parties hereto have caused this 23 page agreement to be executed by their undersigned officials as duly authorized by agreement between Collier County and the DCA effective the 14d' day of May 2008. SAWCC, INC. (Shelter for Abused Women of Collier County, Inc.) (SUBRECIPIENT SEAL) Linda Oberhaus , Executive Director ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT,EU$ ZOCK, CLERK OF COLLIER COUNTY, FLORIDA Q.C. BY Patricia Mo ane y Cl r z TOM HE ING, HAIRMAN Attest at'" �i�itrs •igtlRS OMl1J4 Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney Shelter for Abused Women and Children Hurricane Hardening Page 16 of 23 Item# 4M Agenda Dale CDate ^I1�-} Recd 1� 16023 EXHIBIT "A" SCOPE OF SERVICES Shelter for Abused Women and Children Transitional Housing /Hardening THE SUBRECIPIENT AGREES TO: A. PROJECT DESCRIPTION: The Shelter for Abused Women and Children has been awarded fifty -seven thousand dollars ($57,000.) to hurricane harden four homes that the non -profit is constructing in a multi- family cluster arrangement for transitional housing. This funding will be used to purchase and install hurricane resistant windows, exterior doors, and roofing materials for these four homes. Final completion date for funded activity shall be no later then September 30, 2008. The Subrecipient will be responsible for the following: NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings /specifications to HHS and obtain a letter of approval prior to bidding the constriction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project and bid such work in sealed bid 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. The SUBRECIPIENT shall require a bid bond, 100% payment bond and 100% performance bond for any contract that exceeds $100,000. 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. The SUBRECIPIENT shall obtain HHS's approval prior to awarding the construction contract to be funded through this agreement. The SUBRECIPIENT shall submit the name of the contractor to ensure the business is not federally debarred. After awarding such contract the SUBRECIPIENT shall submit bid minutes to HHS. HHS's approval is required prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from HHS 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. ADDITIONAL Responsibilities are: Posting of visible signage at the work site identifying the funding source(s) as mentioned in section VII part F. 'The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Shelter for Abused Women and Children Hurricane Hardening Page 17 of 23 C@ 17 E. F BUDGET: SAWCC, Inc Line Item hurricane - resistant windows hurricane- resistant doors installation and related costs for windows and doors materials and supplies for roofing installation and related costs for roofing TOTAL PROJECT COSTS DR[ $57,000 16023 This listing is non - inclusive of specific quantities /types of materials. Exact quantities of materials will be provided at the time the subrecipient receives the final totals from their contractor(s). STAFFING: Provide list of staff directly responsible for reporting and request for payment processing 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. FORMER PROJECTS: Failure to adequately maintain any former CDBG /HOME /SHIP funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG /HOME /SHIP /DRI funds. WORK SCHEDULE: This time frame is subject to change as the project is executed. This work schedule is for the purpose of monitoring the progress of said project by the Subrecipient and HHS. The time frame for completion of the outlined activities shall be: Task End Date Order windows and doors June 2008 Order roofing materials June 2008 Installation of windows July 2008 Installation of doors July 2008 Roofing work July 2008 Complete project August - September 2008 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. G. REPORTS: The SUBRECIPIENT 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 SUBRECIPIENT is paid with DRI 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 ". The progress reports shall be used as a basis for HHS approval of invoices, etc. for payment. Shelter for Abused Women and Children Hurricane Hardening Page 18 of 23 Ib J23 H. 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). I. 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 Section G. 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 Section F will be required, unless modified in writing by the parties. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Slats., otherwise known as the "Local Government Prompt Payment Act ". Shelter for Abused Women and Children Hurricane Hardening Page 19 of 23 � s EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT Disaster Recovery Initiative Subrecipient Name: SAWCC, Inc. (Shelter for Abused Women of Collier Count Subrecipient Address: Project Name: Hurricane Harden transitional housing Project No: Payment Request 4 Dollar Amount Requested: STATUS OF FUNDS I . 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) $ 57,000 I certify 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 Supervisor Dept Director Shelter for Abused Women and Children Hurricane Hardening Date (approval authority under $14,999) (approval required $15,000 and above) Page 20 of 23 16D23 EXHIBIT "C" DRI MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the I ffh of the following month. Status Report for Month of Project Name Project Number DRI Activity Number Subrecipient: Contact Person Telephone: E -mail: Fax: ittal Date: 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. Shelter for Abused Women and Children Hurricane Hardening Page 21 of 23 I L D 23 6. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) total Number of Extremely Very Low Income Female I lead of Households or Persons 1 0 Income I o' Income I51 -HO %) household 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 "I. " 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 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5 " below. Boil BOX 13OX3 BOX Boxy total Number of Extremely Very Low Income Female I lead of Households or Persons 1 0 Income I o' Income I51 -HO %) household Assisted (0 -30 %) (31 -50N) Shelter for Abused Women and Children I hurricane Hardening Page 22 of 23 16 D213 Subrecipients 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: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicitv Beneficiaries Race 4 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: Shelter for Abused Women and Children Hurricane Hardening Page 23 of 23 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 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 #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 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order) Office Initials Date I. appropriate. (Initial) Applica ble) 2. 6/24/08 Agenda Item Number JbEq__ 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed i 4. 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 13CC 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 Marlene Foord Phone Number 252 -4768 Contact appropriate. (Initial) Applica ble) Agenda Date Item was 6/24/08 Agenda Item Number JbEq__ Approved b y the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed i Type of Document 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 Fortes/ BCC Forms/ Original Documents Routing Slip W W S 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 contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to die 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 r signature and initials are required. 'tTl 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! I•Y,.` 6. The document was approved by the BCC on 6/24/08 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 Fortes/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03 04, Revised 1.26.05, Revised 2.24 05 16 EL MEMORANDUM Date: June 26, 2008 To: Marlene Foord, AICP Grants Coordinator From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Amendment No. 3 to the Collier County Driver Education Grant Program. Attached _ will find an original of the above referenced document (Agenda t zn # 16EJ) which was approved by the Board of County Commis, ers on Tuesday, June 24, 2008. The Mir. and Records Department has retained an original where it will be kept r:, rt of the Board's Officials Records. If you sl , have any questions regarding this item, please feel free to call me at 2�, 06. Thank y Attachn- , t ) 16F1 AMENDMENT NO. 03 TO AGREEMENT BETWEEN COLLIER COUNTY AND DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR DRIVER EDUCATION GRANT This AMENDMENT NO. 03, entered into this � day of unP , 2008 to that Agreement dated July 21, 2005 between Collier County, a political subdivision of the State of Florida, located at 3301 Tamiami Trail E., Naples, Florida 34112, ( "COUNTY ") and the District School Board of Collier County, located at 5775 Osceola Trail, Naples, Florida 34109, ( "SCHOOL BOARD)." WHEREAS, the Agreement specifies that it can be extended for consecutive years with reference to each new project as identified in the Application Form for the respective fiscal year, with program changes reflected in the respective Amendment to the Agreement; and WHEREAS, renewal of the Agreement must be approved by the Board of County Commissioners and the School Board; and WHEREAS, the SCHOOL BOARD has responded as the sole applicant to the 2008 Driver Education Grant Program Request for Proposals that was sent to the District School Board and all non - public high schools listed in the Driver Education Grant Program; and WHEREAS, the SCHOOL BOARD agreed in Amendment No 2 to this agreement to fully spend $45,000 remaining from the 2006 Driver Education Grant Program during the 2006 Grant Program year and has done so and provided a report outlining the use of these funds; and WHEREAS, the SCHOOL BOARD continues to expend funds from the 2007 Driver Education Grant Program that has an end date of June 30, 2008, and the SCHOOOL BOARD has not yet submitted its final report for this fiscal year, but has submitted the required "interim project synopsis" which synopsis is determined to be sufficient by COLLIER COUNTY; and 1 114 16 El. WHEREAS, this Amendment Number 03 is consistent with the requirements of the Agreement, Ordinances 2003 -39 and 2007 -39 and the requirements of the Driver Education Grant Program. NOW, THEREFORE, the Panics agree follows: I. AVAILABILITY OF FUNDING Total funding available in the Driver Education Trust Fund, as of February 1, 2008, was $205,000 (Funds). Additional surcharges continue to be collected and will be available for the 2009 Driver Education Grant Program cycle. II. USE OF FUNDS The SCHOOL BOARD has requested $205,000 of the available funding and agrees that: (1) the SCHOOL BOARD will use the $205,000 solely for eligible direct education expenses, which includes purchase of goods and services including driver education course materials, vehicles to be used exclusively for driver education programs, driver simulators, and salaries of driver education instructors; (2) the SCHOOL BOARD will not use the Funds for administrative expenses; and (3) the SCHOOL BOARD will not use the Funds to supplant already existing funds; and (4) the SCHOOL BOARD will comply with all additional Ordinance terms and requirements concerning the use of funds, attached as Exhibit A. III. PROJECT The SCHOOL BOARD agrees that it will only implement the project as represented in its Application Form (Application), attached as Exhibit B, and as permitted by the Driver Education Grant Program, attached as Exhibit C. The project will provide additional driver education teachers, para professionals, supplies, equipment, fuel /maintenance and permit some teacher travel for driver education related conferences. IV. CARRYFORWARD FUNDING 2 16 El, The SCHOOL BOARD fiscal year, budget year for grants and summer school schedule will result in carry forward for each year of this program as currently implemented. The following table identifies estimated and actual carry forward amounts for past program years and the estimated amounts for the 2007 program year. Program Program Carry Expended at Balance at Estimated Actual carry Year Year forward time of time of carry forward into Allocation from approvalof approvalof forward at subsequent previous new new time of program program program program approvalof year year year year new program agreement agreement year agreement 2005 $199,267 $141,41'7.44 $57,849.56 $45,000 $36,005 2006 $148,087 $36,005.28 $97,389.54 $86,702.74 $45,000 $33,471 2007 $225,500 $33,471 $95,167.09 $89,000 ___ 2008 _ $205,000 _$130,332.91 A report that explains the use of funds for each year and itemizes the annual expenditures is attached as Exhibit D. Although the Grant Program guidelines imply that monies disbursed, but not spent at the end of the respective project's time frame, are to be returned to the Trust Fund for disbursement the next following project year, the applicant is the same applicant as in the previous three years and, as was determined by Amendment No 01, COLLIER COUNTY deems it to be inefficient to return the unexpended funds 2007, and those funds should be carried forward into the 2008 project. The final 2007 report that will be presented to the Board of County Commissioners following the end of the 2007 project time period will indicate the exact monetary amount of 2007 funds carried forward into the 2008 project. Use of the unexpended 2007 funding shall be included in the SCHOOL BOARD'S Final 2008 Report that will be presented to the Board of County Commissioners following the end of that project time period. V. PROJECT TIME FRAME 3 16 El The SCHOOL BOARD has represented in its Application that the project will begin on June 30, 2008 and will end no later than June 30, 2009. VI. ORIGINAL AGREEMENT IS NOT AMENDED EXCEPT AS EXPRESSLY SPECIFIED IN THIS AMENDMENT NUMBER TWO. All other aspects of the Agreement remain unchanged except to the extent expressly amended by this Amendment Number 03. DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA By: C12 LINDA ABBOTT, Chairman DISTRICT SCHOOL BOARD OF COLLIER COUNT RIDA By:'� E'? z DENNIS THOMPSON, Supegntendent ATTEST. . BOARD OF COUNTY COMMISSIONERS DWIGH E. BROCK; CLERK OF COLLIER OUNT LORIDA By: 11il. l�C By: puty Clerk T ING, hairman Atisst is to Gt tree ff A "to"and legal sufficiency: JENNIFER A. B L EDIO Assistant County Attorney Sc Board Attorney Review Ai�`),0 J `p) MAY 2001 - N ORDINANCE NO.2007. 39 RECEIVE ANCE AMENDING ORDINANCE 2003 -39, ALSO KNOWN-.-AS ORI SLOSBERG DRIVER EDUCATION ORDINANCE, 'IS 2d2 CO ED IN SECTIONS 2-451 THROUGH 2 -456 OF THE CODE OF CO S AND ORDINANCES IN ORDER TO INCREASE T{I: CHARGE THAT THE CLERK OF COURTS MAY COLLECT ON- ALL CIVIL TRAFFIC PENALTIES FROM $3.00 PER PENALTY TO $5.00 PER PENALTY, CHANGE REFERENCES TO "TRAFFICS'-°, EDUCATION TO "DRIVER" EDUCATION PROGRAMS, FURTH7 CLARIFY THAT FUNDS ARE TO BE USED TO ENHANCE, N63� REPLACE DRIVER EDUCATION PROGRAM FUNDS AND STIPULATE THAT EACH PROGRAM RECEIVING FUNDS REQUIRE A MINIMUM OF 30 PERCENT OF A STUDENT'S TIME IN THE PROGRAM BE BEHIND -THE -WHEEL TRAINING; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILM; AND PROVIDING FOR AN EFFECTIVE DATE. 16E a WHEREAS, on July 29, 2003, the Board of County Commissioners adopted Ordinance 2003 -39, otherwise known as the "Dori Slosberg Driver Education Ordinance" to authorize the Clerk of the Circuit Court to collect au additional three dollar ($3.00) surcharge on ell civil traffic penalties in County Court to be used to fiord the direct education expenses of traffic education programs in both public and non -public high schools; and WHEREAS, recent changes in Section 318.1215 of the Florida Statutes, entitled "Dori Slosberg Driver Education Safety Act ", authorize the Board of County Commissioners to amend the authorizing ordinance to increase the $3.00 per penalty surcharge to $5.00 per penalty, as well as several other modifications to clarify intent and criteria; and WHEREAS, the Board of County Commissioners of Collier County, Florida deems it appropriate and in the best interest of the public health, safety and welfare to adopt this Ordinance to collect an additional surcharge and make minor program modifications. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida than SECTION 1: Collier County Ordinance No. 2003 -39 is amended as follows: SECTION THREE: COLLECTION OF SURCHARGE (1) Pursuant to § 318.1215 Fla. Star., a Ltree dallu ($3.90) five dollar ($5.00) surcharge shall be added by the Collier Counry Court against every person who pleads guilty or nolo contendere to, or is convicted of, regardless of adjudication, a moving or non - moving civil traffic violation. (2) The 64ea- dellef{$9.00) five dollar ($5.00) surcharge shall be in addition EXHIBIT o any fine, civil penalty or other court cost and will not be deducted from the proceeds of I of 3 16 El that portion of any fine or civil penalty which is received by Collier County in accordance with §§ 316.660 and 318.21 Fla Stat. (3) The three -daii f ( %3-00) five dollar ($5.00) surcharge shall be specifically added to any civil penalty paid, whether such penalty is paid by mail, paid in person without request for hearing, or paid after hearing and determination by the court. SECTION FOUR: DISTRIBUTION OF FUNDS COLLECTED (1) The Clerk shall collect the ##fee - dollm ($3-09) five dollar ($5.00) surcharge in accordance with § 318.1215 Fla. StaL (2) All funds collected pursuant to this Ordinance shall be used for the exclusive purpose of funding driver education programs, and shall be deposited into a special trust fund to be used to exclusively fund the direct education expenses of tfat4a driver education programs in both public and non - public high schools. (2) All funds collected shall be m,ed exclusively to supplement Ienhance and not replace) funding for direct education expenses of traffic driver education programs in both public and non - public high schools. (3) Direct educational expenses are incurred for the purchase of goods and services including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instructors and shall not include administrative expenses. SECTION FIVE: EXPENDITURE AND MANAGEMENT OF FUNDS BUDGETED (1) The County Manager, or his designee, with direction from the Board of County Commissioners, in accordance with § 318.1215 Fla. Stat., and with the- budget adopted by the Collier County Board of Commissioners, shall have the authority to provide for the expenditure of funds remitted to the tra€€te driver education program. (2) Procedures for disbursement of the funds collected pursuant to this Ordinance shall be developed by the County Manager, or his designee, and approved by the Board of County Commissioners. (3) In order to receive funds, the eligible public and non - public high schools must make application for funds and receive approval by Collier County in accordance with the program procedures established by the County Manager and must execute an 2of3 16 1. acceptance agreement, acknowledging that funds received shall be used exclusively by the recipient for direct educational expenses for driver education programs," shall enhance and not be used to replace funds received from existing sources and that the program receiving funds reouires that a minimum of 30 percent of a student's time in the program be behind -the -wheel yaining. (4) Monies that have not been disbursed at the end of each fiscal year shall be retained for disbursement in the subsequent fiscal year(s), as appropriate. SECTION 2: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 3: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become, and be made part of, the Code of Laws and Ordinances of Collier County, Florida The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION 4: EFFECTIVE DATE A certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of Collier County Commissioners after adoption by the Collier County Board of Commissioners, and shall take effect and be implemented thirty (30) calendar days from the date of said filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this � day of App l , 2007. ATTEST, .r zt BO Dw4ht OF 7 Attestar%ttb• chalrraan I y: signature onl• , Approved as to form and legal sufficiency rt A� Ienm`fer A. BelpedioI .Assistant County Attorney 3of3 " 1, Jll :-RT'cs filed with t.P Sec ry of tote's OtfK ?e and x{v,owlad9 «m�n�jj��f i'rc� FII tarElved this Y.T'�_ rrv. Application Form - Collier County Driver Education Grant Program COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM Application Form Deadline March 31, 2008 16E1 Applicant Name: District School Board of Collier County Address: 5775 Osceola Trail Naples Florida 34109 Phone Number: 239 - 377 -0128 Contact Person: Debra Ogden Contact Phone Number, including extension (if different from above): Email Address: ogdende na collier k12 fl us Type of High School (check one) X Public High School Non - Public High School 1. List participating high school (s), address, phone number and campus contact information (if different than above). Barron Collier, Gulfcoast, Lely, Naples, Golden Gate, Palmetto Ridge, Everglades, Immokalee 2. Brief project description. (Provide more detailed description on following pages). Summer School Driver Education Program for Collier County Students Equipment for year round Driver Education Programs, New paraprofessionals 3. Approximate number of students eligible for driver education. 4. Approximate number of students to benefit from the project. 5000 zo ob 5. Anticipated project, atart and end dates. Start: —.—June M a End: Jund'L9 Z-009 � rp 6. Total funds requested. $ $205.000 7. Total number of hieh school students (erades 9 -12) on September 1" of previous vear. 12.000 I hereby certify that all funds received will be used exclusively to fund the direct education expenses of driver education programs and will not supplant normally budgeted funds for driver education. ZA^ EXHIBIT Authorized High School/District Official 3 Z.A I c: 8 Date Submit one original and two copies to Collier County Grants Coordinator, Administrative Services, Bldg. D., 3301 Tamiami Trail East. Naples, Florida 34112 Re; Driver Education Grant Program Pa @e 1 of 3 Application Form - Collier County Driver Education Grant Program CURRENT DRIVER EDUCATION PROGRAM DESCRIPTION nescrihe the existing, driver education program. If none exists, indicate such and explain why. 16E1 The Driver Education program exists in all of Collier County Public High Schools. At each school, a certified Driver Education teacher is responsible for the instruction of the class. The teachers, during the school year, will have a new paraprofessional assigned to enable the teacher to take students for the required 30% "behind the wheel." The two new high schools have computer based simulation for classroom lessons and the other high schools, with the exception of Everglades City Schools, have theater based simulation. The programs consist of the following components: Road, Range, Simulation, and Classroom. This increased funding will allow for additional equipment - vehicles, computer - based simulators, teacher and Para professional time. The goal of the program is to safely prepare novice drivers and achieve the National Driver Education Standards. Our teachers serve as third party tester for the State Department of Motor Vehicles (DMV). Driver Education teachers can issue written and road test waivers to their students upon proven documented competencies established by the DMV. The project includes providing a free summer school driver education program (teacher salaries) for public, private and home schooled school students, living in Collier County, as per the Slosberg legislation. In addition, the funds will be used for new equipment/vehicles, Para professional salaries, teacher training, supplies and additional fuel/maintenance for the regular school year and summer programs. PROPOSED PROGRAM/PROJECT /)esrrihe the nroaosed vrorram or protect. The district's project will include two summer school sites for Driver Education. Three or four teachers will work at each site, at their hourly teaching rate and funding will be used to provide new supplies & new equipment/vehicles and new Para professionals to provide equity for all programs within the district and assist in meeting the 30% "behind the wheel" requirement. Submit one original and two copies to Collier County Grants Coordinator, Administrative Services, Bldg. D., 3301 Tamiami Trail East, ,vaples, Florida 34112 Page 2 of 3 Ra - rivnr Fdvcntion Grant Program ll 16 E,2w Application Form - Collier County Driver Education Grant Program PROGRAM /PROJECT BUDGET List all budget items and their associated cost, including, but not limited to personnel (salary, fringe), contract services, materials and supplies, equipment, etc. Note: All funds must be used exclusively to fund direct expenses of driver education programs. Eligible direct education expenses include the purchase of goods and services, including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instructors. Administrative expenses are not eligible for Qrant funding. Budget Item Associated Cost 6 Driver Education Teachers for Summer Program /2007 & 2008 Salary and Benefits $49,000 New Para professionals Salary and Benefits $152,415.60 Travel $584.40 Supplies $1,000 Equipment/Vehicles $1,000 Fuel/Maintenance $1,000 TOTAL -08 -09 $205,000 ROLL FORWARD $89,000 TOTAL WITH ROLL FOWARD $294,000 BUDGET NARRATIVE The budget narrative should juste the direct costs associated with the program/project, including the necessity, reasonableness, and eligibility of all costs proposed in the above budget. 6 Driver Education Teachers for Summer Pro2ram/3 teachers per site at two sites/Para Professionals Collier County no longer funds a comprehensive summer school program. Driver Education is recognized as the number one elective in the state. However, students in advanced classes, specialized programs, and/or students enrolled in private school may not have the opportunity to include Driver Education in their schedule due to the rigor of their course work. This summer program gives students the opportunity to be properly trained in Driver Education and is vitally important as motor vehicle crashes are the number one killer of adolescents. During the school year additional funding is needed for new para professionals to meet the 30% "behind the wheel' requirement. Travel -State and National Conference dues and fees for teachers and travel expenses for teachers New Supplies The updated list of new supplies includes: updated videos, vehicles, technological applications, paper, curriculum materials, etc. New EquipmentiVehicles In order to be in compliance with the new DMV third party tester contract, each school site must have an established and approved road test course. The district will purchase vehicles, cones, road signs and markings. Additional Fuel/Maintenance In order to provide a quality summer program, the district must provide the behind - the -wheel component of the course. This also requires additional fuel for the vehicles and increased maintenance costs. Submit one original and two copies to Collier County Grants Coordinator, Administrative Services, Bldg. D., 3301 Tamiami Trail East, Naples, Florida 34112 Re: Driver Education Grant Program Page 3 of 3 - 16EI Program Description - Collier County Driver Education Grant Program COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM GENERAL PROVISIONS Collier County has created the Collier County Driver Education Grant Program under the authority of Section 318.1215 of the Florida Statutes, entitled "The Dori Slosberg Driver Education Safety Act." This act allows the Board of County Commissioners to enact an ordinance authorizing the Clerk of Courts to collect a five dollar ($5.00) surcharge on all moving and non- moving civil traffic infractions, except infractions related to parking of vehicles, filed in County Court to fund the direct education expenses of driver education programs in both public and non - public high schools. The Board of County Commissioners of Collier County, Florida has deemed it appropriate and in the best interest of the public health, safety and welfare to adopt Ordinance No. 2007 -39 to collect this surcharge to supplement driver education funding and, as such, to create a grant program to manage and disburse the funds appropriately. Funds collected are deposited into Fund 173 Driver Education, a special trust fund established specifically for these funds. The County Manager, or designee, will request regular reports of these funds from the Clerk of Courts. By February 1 of each year, the County Manager, or designee, will mail a letter to the School District contact and to each non - public high school indicating the provisions of the grant program and indicating an approximate funding level for that year. USE OF FUNDS All funds collected will be used exclusively to fund the direct expenses of driver education programs in both public and non - public high schools in Collier County. Eligible direct education expenses include the purchase of goods and services, including, but not limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators, and salaries of driver education instructors. Administrative expenses are not eligible for grant funding. Furthermore, based on the legislative intent of Section 318.1215 of the Florida Statutes, Collier County may lawfully disburse funds to a new driver education program as long as the funds are used for the direct expenses of the new program and there is no supplanting of already existing funds. Each program will also be required to verify that a minimum of 30 percent (30 %) of a student's time in the program is spent doing behind -the- wheel training. Funds will be apportioned based on the total number of high school students (grades 9 -12) enrolled as of September 1 of the previous year. The application period will be March 1 – March 31 of the following year with funding based on collections through February 1 of each year. Each applicant will be required to report on the application the number of eligible students as of September 1 of the previous year. The apportionment of funds will be adjusted annually based on the number of students reported on each application, or in the case that no applications are submitted, by the County Manager, or designee, every three (3) years to reflect changes in number of eligible students due to growth and other changes affecting high school populations. [I: IT — I 16E1 Program Description - Collier County Driver Education Grant Program Example: High School # of eligible 9 -12 grade students as of 9/1/03 Available Funding Funding per ::High School School Board 500 $100,000 $90,909 Non - Public High Schools (tbd) 50 $9,091 NOTIFICATION PROCESS By February 1 of each year, the County Manager, or designee, will mail a letter to the School District contact and each non - public high school providing notification of the grant program provisions, deadline for applications and an estimated funding level for that year. The following contact information will be used and may be amended as new non - public high schools are formed or as contact information changes: District School Board of Collier County Deb Ogden, Driver Education Coordinator 5775 Osceola Trail Naples, Florida 34109 Community School of Naples Gene Rochette, Dean of Students 13275 Livingston Road Naples, Florida 34109 First Baptist Academy Cindy Murphy, High School Ministry Assistant 3000 Orange Blossom Drive Naples, Florida 34109 Seacrest Country Day School Erin Duffy, Head of Upper Schools 7100 Davis Blvd Naples, Florida 34104 Seagate Christian Schools Glenn Wiggins, Principal 1010 Whippoorwill Lane Naples, Florida 34105 Saint John Neumann High School Laura Campbell, Principal 3000 53rd Street Southwest Naples, Florida 34116 SUBMITTAL PROCESS The application cycle will be open from March 1 — March 31 of each year. All applicants must submit an application for funding, using the application form provided, signed by the authorized official such as the school principal for private schools or the superintendent of schools for the District School Board of Collier County. Applications will include: 1) Applicant name and contact information, 2) Names and addresses of high schools to benefit, 3) Name, phone number, email and mailing address of contact person, 4) Current program description, including total cost of current program, 5) Intended use of funds /project description, 6) Number of eligible students, 7) Expected time frame for project, 8) Budget for proposed project, and 9) Certifications (funding direct costs only, non - supplanting requirement, 30% of student's time as behind- the -wheel training). PROJECT REPORTING If an applicant received previous funding, proposals must provide a brief synopsis of the project or program funded in the previous year. Note: this synopsis is in addition to the final report that must be submitted within 90 days of completion of each project. 16E1 Program Description - Collier County Driver Education Grant Program All applications must be received on or before March 31 of each year at the following address: Collier County Grant Coordinator Re: Driver Education Grant Program 3301 Tamiami Trail East, Bldg. D. Naples, Florida 34112 EVALUATION PROCESS Upon receipt of each proposal, the County Manager, or designee, will review the applications to ensure completeness and eligibility. The County Manager, or designee, may work with the designated contact to obtain additional information or clarification as necessary in the approval process. APPROVAL AND AWARD PROCESS Following the review of each proposal, the County Manager, or designee, will coordinate with the project contact and the County Attorney's office to prepare a contractual agreement for each project. Each contractual agreement will then require approval by the Board of County Commissioners. Each agreement will acknowledge that funds received will only be used for direct educational expenses for driver education programs, will not supplant existing funding sources and will support 30% of each student's time in behind - the -wheel training. F,ach agreement will also stipulate that a final report of expenditures and project outcomes be submitted within 90 days of the end of the project or termination of the grant period (whichever comes first). Agreements will also contain provisions for the County to have the right to audit the paperwork and project. DISBURSEMENT OF FUNDS Funds will be disbursed within 45 days following the Board of County Commissioners approval of the contractual agreement. Example: Ste I Step Step 2 (within 45 days) Ste 3 p Step 4 (within 90 days of prof ect completion) Agreement Approved Funds Disbursed I Project Completed I Report Submitted Monies that have not been disbursed at the end of each fiscal year will be retained for disbursement in the following fiscal year (s), as appropriate. Monies disbursed, but not spent at the end of the project's time frame shall be returned to the Trust Fund for disbursement in the following year. PROJECT REPORTING Within 90 days following completion of the project or termination of the grant period (whichever comes first), a final report must be submitted to the County Manager, or designee, which outlines how the funds were used and includes copies of invoices and checks and any other documentation of expenditures and verifies that the funds supplemented, but did not supplant existing funds and supported a program that requires a minimum of 30% of a student's time be behind - the -wheel training. 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(Liscinrontio order) Initials Date 1. 2. 3. 4 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office - PRIMARY CONTACT- INFORMATION Elbe Primary meted is the holder of the original docent pending BCC approval. NormnBy the primary comma is the Person who craedlprepmd rye executive summary. Primary contact infarmadoa is -ceded in the event me of the addressees above, including Sue Filson, need m cmtact staSfor addidooal or mitiag iaforneadoa AB original donim a s needing the BCC Chaimsse,j sigoame am m be delivered m the BCC office only after the BCC has aced m approve the item.) Name of Primary SMiT I n t-onracr 1 t n � t 1J o? l o� i:J 917 Agenda Date Item was Agenda Item Number Approved b the33CC Ce a9 aUOB Type of Document C ` Number of Origiaal Attached (�JQIP.st Pal && Documents Attached L Forms/ County Forms( BCC Farms! Original Do== Roodag Slip W WS Original 9.03.04, Revised 1.26.05, Revised =4.05 CONSERVATION COLLIER 1 6 E 3 1 1 Property Identification No. 39492280001 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between STIFFLER SPECIALTIES, INC, a dissolved Florida corporation, whose address is 6460 NE County Road 337, Bronson, FL 32621, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser "). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property "), located in Collier County, State of Florida, and being more particularly described in Exhibit "A ", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. WHEREAS, Seller filed a voluntary dissolution with the Florida Department of State, Division of Corporations on May 22, 1997, and intends to convey the Property to wind up and liquidate its business and affairs. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A ". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price ") for the Property shall be Eighteen Thousand Sixty Dollars and 00/100 dollars ($18,060.00)), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE ", "DATE OF CLOSING ", OR "CLOSING ") of the transaction shall be held on or before one hundred and twenty (120) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. 1 CONSERVATION COLLIER 1 6 E +� Property Identification No. 39492280001 �/ (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser - Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non - Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W -9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and /or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B -1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the PA CONSERVATION COLLIER Property Identification No. 39492280001 1613 title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ( "Inspection Period "), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and 3 16E3 CONSERVATION COLLIER Property Identification No. 39492280001 environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty -four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2007 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and /or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one -half percent 1/( 2 %) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 4 16E3 CONSERVATION COLLIER Property Identification No. 39492280001 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and /or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, 5 CONSERVATION COLLIER Property Identification No. 39492280001 16E3 management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement ") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ( "CERCLA" or "Superfund "), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ( "SARA "), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and /or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Facilities Department 3301 Tamiami Trail East Naples, Florida 34112 L CONSERVATION COLLIER Property Identification No. 39492280001 16E3 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239 - 774 -8991 Fax number: 239 - 774 -8876 If to Seller: Marjorie L. Stiffler Stiffler Specialties, Inc. 6460 NE County Road 337 Bronson, FL 32621 Telephone number: 352 -486 -2976 Fax number: 352 - 486 -2976 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 7 16E3 CONSERVATION COLLIER Property Identification No. 39492280001 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: J Wne, oZ4i 2AOt� a l L vn tj 1 LP E 3 AS TO PURCHASER: 0 n. DATED:�7b 114 ATTEST: DWIGHT E. BROCK, Clerk e. Cipu Clerk low as , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 8 BY: _--' TOM HENNING, Chairma CONSERVATION COLLIER Property Identification No. 39492280001 AS TO SELLER: DATED: �5- - off- D R WITNESSES: (Signature) ti g'VC'z r, Sri (Printed Name) (Signature) ®� (Printed Nam) I Approved as to form and legal sufficiency: Jennifer A. Bell io Assistant Count ttorney 16E3 STIFFLER SPECIALTIES, INC, a dissolved Florida corporation I/R VIA CONSERVATION COLLIER Property Identification No. 39492280001 16E3 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39492280001 LEGAL DESCRIPTION: THE EAST 75 FEET OF THE WEST 180 FEET OF TRACT 26, GOLDEN GATE ESTATES, UNIT NO. 53, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE(S) 93 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E-6 TO ACCOMPANY ALL. ORIGINAL DOCUMNIS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Ptmt on pink paper 1'awudo Original ri the Baud Oeice�� docomeats 3WWd be hand ddivasd m the Baud OfSca 71W completed roar ®g sap and original . doeamap 205.1Z ba only the Board has mcmaecoa.an tba item.) . camphxe touring Bin #1 bzangh pa as ROUTING SLIP appmpdas to additi®ai si ' data, aad/ar mfotmadca needed. If the document is already �p� with the tlm<af the Cbafrmaa't ' dtasv aline theta mods fines ill theta N4 lete the e1,..•4Ii + and forward m SuarMscn (me #A ute to Addressees) Office Initials Date in ,tsar 2_ 3. 4. 5. Sue Filson, Ex a Manager Board of County Commissioners 6. and Records I Cleric of Court's Office - PRIMARY CONTACT INFORMATION CI'be PAY coumex is the homer of the Original doemneat pending BCC approval. Normally the primary eanmct is the person who eaob/ptepared the executive summary primary contact information is Waded in the event me of the addees = above, including Sue Filson. need m c®mct sta8for additional or mining imta<matim AB original decumems Wading t c BCC Chabman•s siguuoue as m be delivered m the BCC at8On all after the BCC bas anted m approve the ,,,- of canary staff �— t Phone Number G Contact �O I 1 lea` Agenda vedDb the BCC Agenda Item Number Type of Document C..{. Number of Original O I O Amached _ S fG lJ 1b�< -/ �.s..J nn,,,.n " ene.•i.-4 L• Perms/ County 1'1011031 BCC Farms/ Original Douai Rooting Slip W WS Original 9.03.04, Revised 1.26.05, Revises 2.14.05 16E6 " MEMORANDUM Date: June 25, 2008 To: Jason Bites, Property Acquisition Specialist Real Estate Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department :2e: Agenda Item #16E6: Statutory Deed -GAC Land Trust Attached, please find one original of the document referenced above, 'Lgenda Item #16E6), which was approved by the Board of County +commissioners on Tuesday, June 24, 2008. fter processing, please return the original document to the Minutes and ,tecords Department. f you should have any questions, please contact me at 252 -8406. hank you. .ttachment (1) 16E6 STATUTORY DEED THIS DEED, made this 2U day of �� 2008, by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, having a mailing address of 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter called the Grantor, to COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ON BEHALF OF THE CONSERVATION COLLIER PROGRAM, having a mailing address of 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida, hereinafter referred to as the Lands: Tract 1, Golden Gate Estates, Unit 53, according to the plat thereof as recorded in Plat Book 7, Page 93 of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: By: TOM HENNING, CHAIRMAN Attj tit 9% to 4111`W ApP, � /aa as to form a legal sufficiency (` ounty A or y This Conveyya�nce Approved By The Board Dt County Commissioners Collier PussuwdToA Florida, j, Date: :32 tO Item No: 16 16E7 MEMORANDUM Date: June 27, 2008 To: Diana DeLeon Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #08- 5073:The Immokalee CRA Master Plan Update & Related Services Attached, please find one original copy as referenced above, Agenda Item #16F7, approved by the Board of County Commissioners on Tuesday, June 24, 2008. The Minutes and Records Department has kept the other original document for the Board's permanent records. If you should have any questions, please contact me at 252 -8406. Thank you. Attachments (1) 16E;7 IN Contract 08 -5073 Immokalee CRA Master Plan Update & Related Services THIS AGREEMENT is made and entered into this `day of 2008, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER ") and RWA, Inc., authorized to do business in the State of Florida, whose business address is 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 (hereinafter referred to as the "CONSULTANT'). WITNESSETH: WHEREAS. the OWNER desires to obtain services of the CONSULTANT concerning Immokalee CRA Master Plan Update & Related Services (hereinafter referred to as the "Project'), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for the provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: r- t ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1G E 7 1 1.1. CONSULTANT shall provide to OWNER Consultant services for the Immokalee CRA Master Plan Update & Related Services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Robert J. Mulhere, AICP, a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator "). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote F -2 16E whatever time is required to satisfactorily manage the services to be provided and performe by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required r _> 16E7 "I deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or federal requirements and /or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all- inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and /or items necessary to correct the deficiencies directly related to the Consultant's non - performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph written notice of any such subpoenas. CONSULTANT shall provide OWNER prompt 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement - EOP, etc), and adhere to industry standard CAD specifications. r -a 16E7 ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: F -5 2.1. Preparation of applications and supporting documents (except those al hag !o be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, or OWNER'S schedule; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). F -6 16E7 2.8 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager "). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder, (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER' requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; F -7 16E7 (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which e -s 16E7 OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of one hundred eighty (180) calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 16E7 ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. r -io 16E7` ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business i1t6 E 7 State of Florida. I 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self- insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must identify the specific Project name, as well as the site location and address (if any). 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. r =12 ARTICLE TEN 6 L SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule E is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule E. All personnel, subconsultants and subcontractors identified in Schedule E shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub - subconsultants or sub - subcontractors. ra 16E7 "" 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate r- l4 this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an i =15 16E7 extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -five (45) days after such payment is due or such other time as required by Florida's Local Government Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN CONFLICT OF INTEREST 13.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. F -16 ARTICLE FOURTEEN 1 " ` 7 MODIFICATION 14.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE FIFTEEN NOTICES AND ADDRESS OF RECORD 15.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Building H 3301 Tamiami Trail East Naples, Fl. 34112 Attention: Stephen Y. Carnell, Purchasing /General Services Director Telephone: 239 - 252 -8371 Fax: 239 - 732 -0844 15.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Telephone: 239-597-0575 Fax: 239 - 597 -0578 Attention: Robert J. Mulhere, AICP 15.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. r -17 16E7 ARTICLE SIXTEEN MISCELLANEOUS 16.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 16.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 16.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 16.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 16.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 16.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 16.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. r -i s 16E7 16.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 16.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT SCHEDULE Schedule D INSURANCE COVERAGE Schedule E KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS ARTICLE SEVENTEEN APPLICABLE LAW 17.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE EIGHTEEN SECURING AGREEMENT /PUBLIC ENTITY CRIMES 18.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. r -19 16E7 CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 182 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE NINETEEN DISPUTE RESOLUTION 19.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision- making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to F -20 16E7 mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 19.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY IMMIGRATION LAW COMPLIANCE 20.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. r -2 t 16E7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Immokalee CRA Master Plan Update & Related Services the day and year first written above. ATTEST: Dwight E. B[Qot<,'06'tkc By: lA C XJWW as Date: yr. Approved as to form and legal sufficiency. f Assi t nt County Attorney TIEFF V- WPIGOT Print Name Itness Print Name 1 .11h_U-t J (. y t� l - Witness Print Name r-22 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, B: y Tom Henning, Chairman RWA• Inc. By: �V ��- � • I�ltil��Cz� -toy �� Typed Name and Title Item # U01F Agenda Date Date Rec'd 16E7 Schedule A. SCO_PE OF SERVICES Primary Task 1: Immokalee Area Master Plan (TAMP) Adoption Subtask 1.1: Coordinate with Collier County Comprehensive Planning Department comments and recommendations on the current Draft Immokalee Area Master Plan (TAMP), to include creation of one overlay with specific planning zones and submit Growth Management Plan (GMP) Amendment application to Collier County. This will require meeting and working with Comprehensive Planning staff, and assembling all supporting data and analysis to develop a final draft "Transmittal" [AMP for consideration by local appointed advisory boards and for review and Transmittal action by the BCC. It is assumed that as part of this task, additional public outreach and stakeholder meetings will be required. Subtask 1.2: It is assumed that the Project Manager and other key members of the RWA Team will take a lead role in coordination and presentation of the Transmittal Draft TAMP to the Environmental Advisory Committee (EAC), Collier County Planning Commission (CCPC), and Collier County Board of County Commissioners (BCC). These are very important meetings requiring full preparation participation. Subtask 1.3: The RWA Team will prepare and coordinate any further revisions (based upon BCC direction) for TAMP Transmittal to the Department of Community Affairs (DCA) and other reviewing entities /agencies. Subtask 1.4: Within two to three weeks after Transmittal, key members of the consultant team will travel to Tallahassee to meet with DCA staff in advance of their detailed review. The purpose of this meeting would be to explain the overall purpose and intent and to address any issues of concern or questions DCA staff may have. It is deemed to be beneficial to meet with DCA in person, and the cost of this trip is included in estimated fee schedule. Subtask 1.5: After reviewing the draft IAMP (within 6o days of Transmittal), DCA will issue an Objection, Recommendation, and Comment (ORC) report. The RWA Team will coordinate the process of addressing any concerns raised by DCA. Objections are binding. That is, failure to adequately address objections raised in the ORC will result in a finding on Non - Compliance by DCA. Recommendations and Comments are not binding, but it is advisable to consider any Recommendations or Comments. The RWA Team will coordinate with the CRA Staff, County Planning staff, and the CRA Board and IAMPVC to address the issues raised in the ORC. Substantive issues will require additional public and stakeholder outreach and input. The RWA Team will coordinate an ORC response and a final draft Adoption IAMP for submission to Comprehensive Planning staff for review and for scheduling of Adoption Hearings Subtask 1.6: The RWA Team will take the lead in presenting the final draft Adoption IAMP to the EAC (if necessary) and to the CCPC and BCC. Deliverables: 1.) Monthly Reports providing Consultant activities and progress, status of relevant Primary Tasks, summary of community and stakeholder outreach, as well as any other issues of significance. Note: This Task will occur throughout the project. z.) Final Approved Amendments to the ]AMP (found to be "[n Compliances" by DCA). To commence: June 30, 2008 To be completed: June o8, 2009 A -1 16E7 Primary Task 2: Immokalee Area Land Development Code Adoption Subtask 2.1: Develop a set of land development codes that implement the goals set forth in the TAMP. The RWA Team will work with CRA staff (and other staff as applicable), as well as the CRA Board and IAMPVC, to draft a comprehensive set of zoning regulations that implement the [AMP Goals, Objectives, and Polices. It will be critical to have significant community and stakeholder involvement, including outreach to residents, landowners, and business owners. This will necessitate significant outreach, including outreach in English, Spanish and Creole. This Task will require the greatest amount of effort and time, and is therefore anticipated to commence as soon as a contract is executed. This can be accomplished in several ways, but it is anticipated that it will be accomplished through either a comprehensive zoning overlay (applicable to the Immokalee Urban Area), or with the creation of a separate and distinct zoning ordinance for the Immokalee Urban Area. Subtask 2.2: Draft land development code language for inclusion into the Collier County Growth Management Plan. This Task is a little unclear. Typically, Land Development Regulations (DRs) are found in land codes or zoning ordinances, as these can easily be amended and do not require State of Florida DA oversight. It is therefore assumed that what is desired by this Task is the creation of one or more GOPs that will provide overriding intent, directions, and authority for the creation of Immokalee- specific zoning regulations (called for in Primary Task 2.1). These land development and/or zoning related GOPs, to be included in the TAMP, would clarify the Community vision and desires as they relate to the built environment in urban Immokalee, as well as land uses, aesthetics (open space, buffers, planting materials, signage, etc.), and other development urban area related matters such as vehicular use and pedestrian accommodations, and so forth. These should establish the big picture, while the implementation detail will be provided for in the Immokalee Urban Area overlay or separate zoning code. Subtask 2.3: Approval and adoption of land development codes by the County. The RWA Team will take the final draft land development codes for the Immokalee Urban Area, as well as any written explanations, data and analysis, justification, renderings, other graphics, and so forth, and present the recommended codes to the appointed and elected boards for their review and approval, and address any issues or concerns through that process. These appointed and elected boards include: the Development Services Advisory Board (DSAC); the Environmental Advisory Board (EAC), and the Collier County Planning Commission (CCPC) (z to 3 meetings), and the Board of County Commissioners (BCC). Deliverables: 1.) Monthly Reports providing Consultant activities and progress, status of relevant Primary Tasks; summary of community and stakeholder outreach, as well as any other issues of significance. z.) First written Draft of Zoning Overlay/Zoning Code (no later than go days after IAMP Adoption). 3.) Second written Draft of Zoning Overlay /Zoning Code (no later than go days after review of first draft by CRA and Planning Staff, and CRA Board and IAMPVC. 4.) Written executive summary report, final draft zoning overlay, all data and analysis, exhibits, graphics and so forth, for review by appointed and elected boards (30 days in advance of first scheduled Board hearings, usually DSAC). 5.) Final approved ordinance adopting Immokalee Area zoning regulations. To commence: June 30, 2008 To be completed: November 20, 2009 A -2 16E7 Primary Task 3: Immokalee Area Transportation Plan Subtask 3.11: Develop and analyze current transportation conditions and deficiencies. To maintain consistency with current Collier County practices, existing conditions will be documented in the format established by the transportation component of the Collier County Annual Update and Inventory Report (AUIR). Tindal Oliver & Associates (TOA) developed this format for Collier County, and has advanced it into more sophisticated transportation planning data management systems, and has built growth management concepts around the information such reports can provide. Subtask 3.2: Forecast future transportation conditions, including planned improvements. Since the Immokalee area is just beginning to grow, the current treatment of the area in Collier County is not well - refined. Refinement and some supplemental traffic count and roadway inventory data collection will be required. Overall transportation system conditions can be summarized to track trends (is the system improving or degrading ?), to identify and monitor specific locations of deficiency, and to identify needed improvements. Subtask 3.3: Evaluate the changes and impacts the build -out of IAMP goals and objectives on the transportation conditions. Future transportation demands and network conditions will be evaluated by applying the Lee /Collier transportation system planning model, a model that is maintained jointly by FDOT and the Lee and Collier County Metropolitan Planning Organizations. The model will be refined to reflect expected development patterns. A long -term transportation system "vision" plan that sets forth needed corridors for transportation will be developed. This is a critical step for two reasons: First, it is important to identify the corridors needed to support the long -term plan so that short -term development approval decisions do not preclude the long -term solutions for transportation; and second, so that individual developers can design their projects to be compatible with the intended function of the transportation system. Subtask 3.4: Identify improvements to mitigate the impacts and /or effects of the [AMP goals and objectives. The future needs and solutions will be documented in technical reports using CIS mapping and the transportation system database developed in the initial system documentation task. The technical reports will be suitable for use as "technical support documents" common to local government comprehensive plans. A series of policies to support the implementation of the transportation system plan will also be developed. These policies will address the financial aspects, corridor preservation aspects, and the growth manage ment /concurrency- related aspects of implementing the plan. The key issues in this process will be the sources from which revenues will be generated, in what proportion they will be generated from each source, the timing and cash -flow demands of the needed facilities, and the implications for location and timing of development and form of level of service standards that will be used to govern development approvals. A short-term transportation plan (ten -year horizon) should also be developed to guide initial improvements to the transportation system. The short -term plan may be either very apparent from the assessment of existing conditions or may evolve as specific development proposals are advanced. The plan will be developed in an interactive format with workshops allowing input from agency and all stakeholders. Deliverables: 1.) Monthly Reports providing Consultant activities and progress, status of relevant Primary Tasks, summary of community and stakeholder outreach, as well as any other issues of significance. z.) The Future Needs Technical Report (s) with CIS mapping and transportation system database. The technical report (s) will be suitable for use as "technical support documents," such as is common to local government comprehensive plans. 3.) A series of policies to support the implementation of the transportation system plan will also be developed. These policies will address the financial aspects, corridor preservation aspects, and the growth management /concurrency - related aspects of implementing the plan. To commence: June 30, 2oo8 To be completed: February 13, 2009 A -3 16E7 Primary Task 4: Immokalee Area Capital Improvements Plan Subtask 4.1: Collect Capital Improvements Source Data. The initial step of the update of the CIP is a thorough review and evaluation of the current capital improvement programs of the key stakeholder groups. This evaluation will provide a familiarity with shared development objectives and capital improvement schedules of the participating stakeholder groups. This information will serve as the base from which the Immokalee CRA CIP will be developed and fine tuned through discussion with the stakeholder groups. The timely completion of this task will involve the provision of the definitive information from authorized representatives of the participating stakeholder groups. For example, when gathering information from Collier County Government, the information would ideally be provided from a single, authoritative point of contact, such as the Finance Director, rather than individual Department Heads. This would ensure timely provision of the latest, official, non - conflicting, capital improvement data. Without this single, authoritative point of contact, the collection of the capital improvements source data could take longer than allowed for in the cost estimate and the proposed project schedule. This same point of contact would be responsible for the provision of comments and revisions to draft plans presented to the stakeholder groups. Subtask 4.2: Content Development Capital Improvements Plan Draft. A Draft Capital Improvements Plan will be developed that is based on the initial discussions with the key stakeholder groups, the information gathered during other phases of the Immokalee CRA Master Plan update, and evaluation of the current capital improvements plans of the key stakeholder groups. This Draft CIP will contain proposed preliminary capital improvements items for consideration by the key stakeholder groups. The Draft CIP will be distributed for review by each of the key stakeholder groups. Comments and revisions received from the each of the groups, including identification of alternate proposed projects, or the addition or deletion of projects will be incorporated into a revised draft CIP. As stated above, identification of a single point of contact, or project manager for each of the key stakeholder groups is recommended to ensure timely provision of the review comments and recommendations. Subtask 4.3: Document and Coordinate the Draft Capital Improvement Plan. The revised draft Immokalee CRA Capital Improvement Plan will be provided to the key stakeholder groups for further evaluation and comment. RWA Team staff will meet with the authorized single point of contact, or project manager for each of the key stakeholder groups, to discuss in detail, the proposed items identified within the revised draft Immokalee CRA CIP Plan. This second revision cycle ensures a very high level of coordination and continued dialogue between the key stakeholder groups. This ensures the creation of consensus regarding the Immokalee CRA improvement objectives and also maximizes the opportunity to identify complementary projects or leverage opportunities that may be contained in the key stakeholder groups individual capital improvement plans. Subtask 4.4: Final Capital Improvements Plan Development. Upon completion of the second review and revision cycle, and the individual stakeholder group interviews and discussion, the RWA Team will assemble the final Immokalee CRA Capital Improvements Plan for incorporation into the updated Immokalee CRA Master Plan. Deliverables: t.) Monthly Reports providing Consultant activities and progress, status of Primary Tasks, summary of community and stakeholder outreach, as well as other issues of significance. 2.) A summary report of key stakeholder groups current capital improvement plans including identification and evaluation of projects, programs and improvements that may affect the Immokalee CRA. 3.) A draft, of the initial Immokalee CRA Capital Improvements Plan, reflecting the comments of the key stakeholder groups. 4.) Revised (second revision), final draft of the Immokalee CRA CIP. 5.) A final (approved) version of the Immokalee CRA CIP. To commence: June 30, 2008 To be completed: November 17, 2009 AA 16E71 SCHEDULE B BASIS OF COMPENSATION LUMP SUM 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then - authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of: Penny Phillippi, Executive Director Immokalee CRA 310 Alachua Street Immokalee, Florida 34142 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. FS 16E7 ITEM LUMP SUM FEE FOR: FEE PAYMENT SCHEDULE 1 Immokalee Area Master Plan (TAMP) Adoption $75,050.00 Percentage Complete 2 Immokalee Area Land Development Code Adoption $140,600.00 Percentage Complete 3 Immokalee Area Transportation Plan $128,725.00 Percentage Complete 4 Immokalee Area Capital Improvements Plan $41 800.00 Percentage Complete TOTAL FEE $386,175.00 B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Three Hundred Eighty -Six Thousand One Hundred Seventy -Five Dollars ($386,175.00) to be paid to CONSULTANT for the performance of the Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out -of- pocket expenses incurred in the performance of all such services. B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for B_, both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. 8.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5 %) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or asset forth in the Agreement, be charged without mark -up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from /to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.4.1.5 Expense of models for the County's use. B -3 16E7 8.3.4.1.6 Other items on request and approved in writing by the OWNER. B.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S., and the Agreement, the terms of the Agreement shall prevail. H -4 16E7 Attachment 1 to Schedule B Professional Consultant Positions Rate Principal' $180.00 /h r. Senior Project Manager $160.00 /hr. Project Manger' $130.00 /hr Design Engineer/ AICP Certified Planner $110.00 /hr Engineering Intern (EI) /Surveying Intern $90.00 /hr Technical Support Positions° Rate Technician $70.00 /hr Senior Technician $85.00 /hr CIS Analyst $90.00 /hr Administrative Support Positions' Rate Project Coordinator 1 $55.00 Project Coordinator II $65.00 Administrative Assistant 1 $40.00 Administrative Assistant II $50.00 Refers to a professional with ownership in a firm that is part of the RWA Team, and significant experience in the relevant field, and, where applicable, licensure in the State of Florida to practice as a professional engineer (PE) , or professional surveyor /mapper (PLS or PSM), or certification by the American Institute of Certified Planners (AICP). 2 Refers to a professional with at least 10 years of professional experience in the relevant field, including significant project management experience, and where applicable, licensure in the State of Florida to practice as a professional engineer (PE), or professional surveyor /mapper (PLS or PSM), or certification by the American Institute of Certified planners (AICP). ' Refers to a professional with professional experience in the relevant field, including project management experience, and where applicable, licensure in the State of Florida to practice as a professional engineer (PE), or professional surveyor /mapper (PLS or PSM), or certification by the American Institute of Certified planners (AICP). The term technician refers to either an AutoCAD technician or a planning technician. Senor Technician classification has significantly greater training, experience and qualifications. ' Project Coordinators are assigned to a project, typically form start to finish, and are responsible for all project related data entry, correspondence and maintenance thereof, project research, project scheduling, and other important and often fairly complex tasks that do not necessarily need to be handled directly by a professional consultant. Administrative Assistants handle all tasks as assigned by the project manager or other professional consultant which are typically clerical in nature. B -S n l E7 n o Q G r rD K v � 3 4SC 6.8 F a f. i 3$ x S� 9C Sa d d E g 3i g• i33 y� Y.. •i = $�g$osF Do xg op C 3a C S m € °o n §' S z 8 � F 8 s e Ig C ♦I I i I 1 . IL a J e, e �J 5a 8 I r s j I n o Q G r rD K n I N • Li 'G e r I r N. I i i - 6 z 7 a x BE he rti5 d by I rbon, M h al Insurance Cioup as ospects such - nsrumse as is afforded by those cranberries, BMUUbx Certificate of Insurance This candicate is issued as a manor of inPonna vin only end confers no rights upon the certificate holder, This certificate is not an romantics policy and does not affirmatively or negatively m ord, extend, or alter the coveme afforded by the policies listed below foljey limits are no loss then those listed, although Policies may include additional sublimits not listed below Policy Ihrdts may be reduced by claims or other payments, This is to certify that (Name and address of Insured) RWA, INC. 6610 WILLOW PARK SUITE 200 NAPLES, FL 34109 is not alte dibyeanyouquiement.t een or Expiration Type Continuous* Extended X Policy Term Workers Compensation General Liability Clajms Made Occurrence Retro Date Automobile Liability Owned Non -Owned Hired O F, N T CKA 03/13/2008/03/13 /2009 1 WC2 -t51- 287965 -018 s y the. terns, exclusions and conditions and Coverage afforded under WC law of Employers Liability the following states: Bodily Injury By Accident FL $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Person General Aggregate -Other than Prod /Completed Operations Products /Completed Operations Aggregate Bodily Injury and Property Damage Liability I Per Personal and Advertising Injury I Per Person / Other Liability Other Liability Each Accident - Single Limit - B. I. and P. D. Combined Each Person Each Accident or Occurrence Each Accident or Occurrence IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poliey(ies) must be cndorsea A statwncnt on no, c,mrrma uses not canter ngms in as eon ncare nomm or Ieu or aurn enuuaamengst. SUBROGATION IS WAIVED, subject to the forms and conditions of the polity, certain policies they require an endorsement. A statement on this cenifimic does not confer refits to the certificate holder in lieu of such endorsements. The following applies only with respect to insurance for motor carriers registered in Florida: As provided ter in Ha Stat § 320 02oaid, the listed insurance policy may not be eeacelled on le. than 30 days written notice by the insurer 10 the Department mHuy Safety & Motor Vehicles, such 30 days notice to commence from date notice is received by the Department. Nonceofcaacellaheir (not applicable unless anumber of days is entered below). Before the stated expiration dale the company will not cancel or reduce the insurance afforded under the above policies until et leazt ao daysnotica of such eanccllamn M1vs been mniled to: Office: TAMPA, FL Phone: 813 - 264 -6588 1 .s Certificate Holder: LEE STEINBERGER Collier County Board of County Commissioners Authorized Representative 2800 Horseshoe Drive Naples, Fl, 34104 Date Issued: 06/05/2008 Prepared By: EC RWAIAI 1LC7 V IICIILtt. YVYV / ' ACORD.M CERTIFICATE OF LIABILITY INSURANCE 06/05/2008 PRODUCER Gulfshore Insurance, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4100 Goodlette Road N, #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY EXPIRATION DATE MMIDDIW LIMITS Naples, FL 34103 -3303 239 261 -3646 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA'. Maryland Casualty Company EACH OCCURRENCE INSURER B: TO RENTED EMIE Pft SCaoccod RWA, Inc. 6610 Willow Park Drive # 200 INSURER C: Naples, FL 34109 -7909 INSURER D: INSURER E' PERSONAL& ADV INJURY 4VY Cisu V THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MMIDDIW LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY PPS43178459 03131108 03/31/09 EACH OCCURRENCE $1000000 TO RENTED EMIE Pft SCaoccod $1000000 MED EXP (Any, one person) S10000 CLAIMS MADE aOCCUR PERSONAL& ADV INJURY S1 ODD 000 GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OPAGG $2000000 PRO- LOO POLICY JECT A AUTOMOBILE LIABILITY ANY AUTO PPS43178459 03/31/08 03/31/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per parson) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHERTHAN EA ACC S ANY AUTO $ AUTO ONLY: AGG A EXCESSIUMBRELLA LIABILITY PPS43178459 03/31/08 03/31/09 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 X OCCUR D CLAIMS MADE $ DEDUCTIBLE $ X RETENTION $ O WRYI WITS - OTH- WORKERS COMPENSATION AND EL EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ E. L. DISEASE - POLICY LIMIT $ If yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Project: RFP #08 -5073 Immokalee CRA Master Plan Update & Related Services *30 Days Notice of Cancellation, Except 10 Days for Non Payment Collier County Board of County Commisioners is Named as Additional Insured As Respects to General Liability Only. Collier County Board of County Commissioners Naples, FL ED ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 31`1 DAYS WRITTEN '.E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL ;E NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001108) 1 of 2 #S333501/M329015 LJA a *.wnv awrtrirnH nvvn iaoo IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). - DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -S (2001108) 2 of 2 #S333501/M329015 1L r-7 ACORD,N CERTIFICATE OF LIABILITY INSURANCE 06/05/2008 PRODUCER (201)262 -1200 FAX (201) 262 -7810 Fenner & Esler Agency, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 467 Kinderkamack Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # P. 0. Box 60 Oradell, NJ 07649 -0060 INSURED RWA, Inc. INSURERA. Beazley Insurance Company INSURERe. 6610 Willow Park Drive INSURER DAMAGE TO RENTED Suite 200 INSURER D: Naples, FL 34109 INSURER E: I.UvCRA"MJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. riNSR kDDnL TYPE OF INSURANCE POLICYNUMBER POLICYEFFECTIVE DATE (MMfDD1YY1 POLICYEXPIRATION DATE IMMrnDPYYI LIMITS Collier County Board of County Commissioners Naples, FL OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. GENERAL LIABILITY Kevin Esler /JEAN EACH OCCURRENCE 5 DAMAGE TO RENTED $ COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ CLAIMS MADE ❑ OCCUR PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMPIOP AGG $ JECROT POLICY P- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) S ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -0A NED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTOONLY- EAACCIDENT S OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY'. AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WCSTATU- OTH- WORKERS COMPENSATION AND EL EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE EL .DISEASE - EA EMPLOYE $ OFFICER /MEMBER EXCLUDED? EL .DISEASE - POLICY LIMIT $ If yes, describe under SPECIAL PROVISIONS below A 0THE�E PrOtessional Liability laims Made Form V15KSJ08PNPM 03/01/2008 03/01/2009 Per Claim Limit $2,000,000 Aggregate Limit $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: RFP #08 -5073 Immokalee CRA Master Plan Update & Related Services ! AKICPI I ATVTM ACORD 25 (2001/08) © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Collier County Board of County Commissioners Naples, FL OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Kevin Esler /JEAN ACORD 25 (2001/08) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 16E7 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT I)- i 16E7 shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) 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. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) 0 -2 16E7 of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? x Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable _X_ Not Applicable n -3 16E7 (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $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 —X—General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 r) ,r 16E7 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self- insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his /her designee. (3) The OWNER shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. claims. (4) Coverage shall be included for explosion, collapse or underground property damage (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable _X_ Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes r)s I04 [7 16E7 (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: _X_ Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate 0 -6 16E7 $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty - four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and 0 -7 16E7 OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project- specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self - insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. C. Current deductibles /self- insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D i) -s 16E7 Schedule E__ KEY PERSONNEL Key Project Team Members • Robert J. Mulhere, AICP, Principal in Charge, Project Manager • Patrick Vanasse, AICP, Planning Manager • Christopher O. Scott, AICP, Planning Project Leader • Paula McMichael, AICP, Senior Planner • William E. Oliver, P.E., Transportation Project Leader (Tindale Oliver) • Robert P. Wallace, P.E., Transportation Consultant (Tindale Oliver) • Fabricio Ponce, P.E., Transportation Engineer (Tindale Oliver) • Doug Coxon, Senior Transportation Project Manager ( Tindale Oliver) • Barbara M. Davis, AICP, Transportation Project Manager (Tindale Oliver) • Tracy L. Crowe, AICP, Preside nt/PrincipaI Planner (Land Design Innovations) • John Jones, Senior Planner (Land Design Innovations) • Noah Standridge, Specialty Planning Consultant E -1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING Sq r p TO ACCOMPANY ALL. ORIGINAL DOCUMZNTS SENT TO �% [ 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE doemeam ere a beA- m sigma! d==CcLt odgmul d=mam sho-ld be hand delivered m the BOard Offices r7 camplemd muti-g slip anti anginal .. forwarded m die BoardOfBce oWyafter the aosod has ahmaedomon the ioem.) ROUTING SLIP Complete twmg Bne #L m,ongh #a as apptopdam for addidmal sgoamra, damn. aad/oc mfo®adan needed_ Tf the dornmeacia almdy ape with the don �tlm Chahaam•a ' draw a Ime dim- mods liner #1 #4. lete the ehrkti.r sad fmsratd m $uis = (Gae #S). ` Route to Addressees) .Office • mm-tm mderr Initials Date 3. 4. 5. Sue Filson, 6. Minutes ant Manager of County Commissioners >f Court's Office PRIMARY CONTACT INFORMATION CnW prigmy comet is rite holder of dta original doanaent pending BCC approval. Normally the primary coerces is me person who aeac,d/pr:paed the executive summary. Aimay canma infOn=w is -ceded m the event one of the addressees above, including Sue Fasom aced m =Met smS for additional w ®zsing informadoa AB original dacr®enm needing the BCC Chairmen's dg -,tae axe to be delivered to die BCC office only aftc the BCC has aced to approve the item.) Name of Primary Staff Phone Number Contact I Oft / (-2 4Ae-C \/) CI c./ / -r , 1 v 3 Agenda Date Item was I �� ' C Agenda Item Number Approved by the BCC Y . ytx us w0cumWt / n 4 C Number of Original .ached .`. C 4S-i, l' 1 7�' r -( e/-- -� nn„n...,.a tin.,. -1, . L• Forces! County Forms/ BCC Forms/ Original r)aemmrs Reumtg Slip W WS Original 9.03.04, Revised 1.26.05, Revised 224.05 16E9 MEMORANDUM :)ate: June 25, 2008 To: Michael Dowling, Property Management Specialist Real Estate Services rom: Ann Jennejohn, Deputy Clerk Minutes & Records Department .te: Agenda Item #16E9 Lease Agreement between Collier County and Larus Properties, LLC for use by the Sheriff's Office Attached for your records is two original lease agreements, referenced above (Agenda Item #16E9) approved by the Board of County Commissioners )n Tuesday, June 24, 2008. The Minutes and Records Department has kept the third original lease agreement :or the Board's permanent record. f you should have any questions, please contact me at 252 -8406. i'hank you. attachments (1) Lease # LEASE AGREEMENT 16E9 7' THIS LEASE AGREEMENT entered into this "2 � day of 2008, between LARUS PROPERTIES, LLC, whose mailing address is 3511 Plover Avenue, Suite 101, Naples, Florida 34117, hereinafter referred to as "LESSOR," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE." WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR 3,213 square feet of garage space located at 3511 Plover Avenue, Suite 104, 111 and 112, Naples, Florida, hereinafter referred to as the "Demised Premises," for the sole purpose of operating a maintenance garage facility for the Sheriff s Office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a five (5) year term commencing September 1, 2008 and terminating on August 31, 2013. LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same automatically for an additional three (3) term, under the terms and conditions as provided herein. LESSEE may terminate this Lease following the initial one (1) year term at any time by providing LESSOR with sixty (60) days prior written notice to LESSOR at the address set forth in this Lease. Said notice shall become effective upon the date in which the LESSEE either hand - delivers said notice to LESSOR or upon LESSEE'S placement of said notice in an official depository of the United States Post Office, Registered or Certified Mail, postage prepaid. ARTICLE 3. Rent and Other Charges LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of "Two Thousand Seven Hundred Sixty -six Dollars and Fifty -three Cents ($2,766.53) monthly for the first year of the Lease term. Following the first full year of occupancy (the `Initial Term'), the annual rent as provided for in this ARTICLE 3, shall be increased for each ensuing year throughout the life of the Lease in the same proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers- United States City Average, all Item - Series A (1982 — 84 = 100), United States Department of Labor had increased for the preceding year, or by four percent (4 %), whichever figure is higher. In the event that the Consumer Price Index ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have resulted had no change occurred in the manner of computing such Consumer Price Index. In the event that such Consumer Price Index (or a successor or substitute index) is not available, a reliable governmental or other nonpartisan publication, evaluating the information thereto for use in determining the Consumer Price Index, shall be used in lieu of such Consumer Price Index. 16E9 All rental payments shall be due and payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (1 /30th) of the monthly rental multiplied by the number of rental days of such fractional month. LESSEE shall pay all janitorial services and utility charges pertaining to the Demised Premises, which includes, charges for electricity, telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. LESSEE is also required to maintain, repair and replace the plate glass window at the Demised Premises if the plate glass window is damaged or broken due to LESSEE'S negligence or actions. All other charges related to the operation and maintenance of the Demised Premises shall be the responsibility of the LESSOR. In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges, hereinafter referred to as "CAM ", to be paid monthly in the amount of Eight Hundred Three Dollars and Twenty -five Cents ($803.25) for the Initial Lease Term. This amount shall reflect the actual operating costs associated with, but not limited to, water and sewer charges, real estate taxes, property insurance, building maintenance and repair, landscaping maintenance and irrigation system, interior and exterior electrical & lighting system maintenance and repair, air - conditioning system maintenance and repair, parking lot maintenance and repair, fire sprinkler maintenance and repair, and building reserves pertaining to the Demised Premises. If LESSOR is required to increase the CAM after the first full year of occupancy, LESSOR shall provide LESSEE with written notice of any increase no later than July 31 throughout the life of the Lease, advising of the new charges for each year of the Lease and for any renewals thereto. Each year, LESSOR shall provide LESSEE with detailed list of all CAM expenses. It is agreed by both parties that any increase in CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the Demised Premises. The CAM increases shall be effective commencing on July 1 to June 30 each year throughout the life of the Lease. ARTICLE 4. Modifications to Demised Premises Prior to making any other changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have thirty (30) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and fixture applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to said Demised Premises installed by LESSEE shall remain the property of LESSEE and prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal of said alterations, improvements, and additions. If LESSEE does not remove those items designated by LESSOR, LESSOR may complete said removals and repairs at LESSEE'S expense. 2 Prior to LESSEE'S occupancy of the Demised Premises, LESSOR shall provide al 6 E 9 install, at LESSOR'S sole cost and expense, a thirteen (13) foot high retractable door at a location to be determined by LESSEE. ARTICLE 5. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. However, LESSEE shall be permitted, without notice to LESSOR, to utilize the Demised Premises for any other Department within the jurisdiction of the LESSEE if the Demised Premises shall no longer be needed by the Department intended for this Lease. ARTICLE 6. Insurance The LESSEE will at all times carry comprehensive general liability insurance to include bodily injury in an amount not less than the sum of One Million Dollars and 00 /100 Cents ($1,000,000.00) single occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE insuring LESSOR and LESSEE against any liability arising out of the use, occupancy or maintenance of the Demised Premises, including loss of income. The insurance policy or policies shall contain provisions prohibiting the modification or cancellation of insurance without at least thirty (30) days prior written notice to LESSOR. LESSEE shall deliver said policies or certificates thereof to LESSOR prior to LESSEE'S occupancy of the Demised Premises, and thereafter, renewal policies or certificates shall be delivered to LESSOR not less than thirty (30) days prior to expiration. The limit of any such insurance shall not limit the liability of LESSEE hereunder. LESSEE may provide this insurance under a blanket policy provided said insurance shall have a LESSOR'S protective liability endorsement attached thereto. ARTICLE 7. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within thirty (30) days of receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. LESSEE shall obtain, at its expense, a service contract for maintenance of any heating and air conditioning system which services the Demised Premises and said contract is to conform to the warranty requirements of said system. All damage or injury to the Office Building, Demised Premises or the Common Areas caused by the act or negligence of LESSEE, it agents, employees, licenses, invitees or visitors shall be promptly repaired by LESSEE at its sole cost and expense and to the satisfaction of LESSOR. LESSOR may make such repairs which are not promptly made by LESSEE and charge LESSEE for the cost thereof and LESSEE hereby agrees to pay such amounts on demand as Additional Rent. LESSEE shall be responsible for the mowing of the grass and maintenance of any landscaping located in the front of the building along Arnold Avenue. ARTICLE 8. Default by Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 9. Default by Lessor LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) 3 after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform t any such obligations. (j [ ARTICLE 10. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: LESSOR: Board of County Commissioners Larus Properties, LLC c/o Real Property Management Dept. 3511 Plover Avenue, Suite 101 3301 Tamiami Trail East Naples, Florida 34117 Naples, Florida 34112 cc: Office of the County Attorney Sheriffs Office, Administrative Assistant ARTICLE 11. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements excepted. ARTICLE 12. General Provisions LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 13. Claims Arising from LESSEE'S Use of Premises To the extent permitted by law, LESSEE shall indemnify and hold LESSOR harmless against and from any and all claims arising from LESSEE'S use of the Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and LESSEE shall further indemnify and hold LESSOR harmless against and from any and all claims arising from any default in the performance of the Lease resulting from any act or negligence of LESSEE, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSOR by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSEE'S expense by counsel reasonably satisfactory to LESSOR. LESSEE shall assume all risk of damage to property or injury to persons in, upon or about the Demised Premises from any cause other than LESSOR'S negligence or willful misconduct and LESSEE hereby waives all claims in respect thereof against LESSOR. LESSEE shall give prompt notice to LESSOR in case of casualty or accidents in or about the Demised Premises. ARTICLE 14. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional infonnation regarding radon and radon testing may be obtained from Collier County Public Health Department. 4 16E9 ARTICLE 15. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 16. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: .P 1 Y • O y— ATTEST: DWIGHT E. BROCK, Clerk BYt e - Eprit�r • C)erk Auest ,a= r s st�t�(to at� := AS TO THE LESSOR: DATED: WITNESSES: WITNESS (sig ature) CRf;7i5 ttt✓ y. Mme ria Print Name WITNESS at re) f la � !r) nc 1 � �mTuc�t Print Name Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant County Attom BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: TOM HENNING, Chairman LARUS PROPERTIES, LLC BY: lwz LARK A. WO , Manager U item # l occl Agenda Date Rae 2Recd ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F Z TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 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 sionahm, draw. lint. thrnuoh —Ai.. Ii— a 1 11,—",.h 9A .. ... I ! rti_ ..1._,.i,u... Route to Addressee(s) (List in routing order Office Initials Date 1. Marlene Foord Grants Office V Applicable) 2. Jennifer Belpedio County Attorney Agenda Item Number 161`2 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Grant Application Number of Original 1 packet in folder 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 Jim von Rinteln Phone Number 252 -8911 Contact appropriate. (Initial) Applicable) Agenda Date Item was 06/24/08 Agenda Item Number 161`2 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 1 packet in folder Attached resolutions, etc. signed by the County Attomey's Office and signature pages from Documents Attached lNSTRlWT1nNq & ('NVC'W1.1CT 1: Fortes/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS or 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 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 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 q�3 document or the final negotiated contract date whichever is applicable. 4/ 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required, 1� 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 1� time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 06/24/08 and all changes made during �c f the meeting have been incorporated in the attached document. The County Attorney's Yl/ Office has reviewed the changes, if applicable. 1: Fortes/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS or 9.03.04, Revised 1.26.05, Revised 2.24.05 16F2 MEMORANDUM Date: June 24, 2008 To: Jim Von Rinteln, EM Coordinator Emergency Management From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: A Grant application for the United States Department of Justice Office of Community Oriented Policing Services (COPS)Technology Program, in the amount of $350,738 Attached, please find the original grant application referenced above, (Agenda Item #16172) approved by the Collier County Board of County Commissioners on Tuesday, June 24, 2008. If possible, please return a fully excuted copy to our office so that it may be kept as part of the Board's permanent records. If you have any questions, please call me at 252 -8406. Thank you. Attachments (1) 16F2 U.S. Department of Justice *oP Office of Community OrientTPo tag Services COPS COPS Application Forms www.cops.usdoj.gov Standard Application Forms U.S. Department of Justice Office of Community Oriented Policing Services Carl R. Peed, Director .1 16F2 Standard Application Forms The COPS Standard Application Forms are designed to assist applicants in applying for COPS grants and cooperative agreements. For more information about COPS programs, call the COPS Office Response Center at 800.421.6770. U.S. Department of Justice Office of Community Oriented Policing Services 1100 Vermont Avenue, N.W. Washington, DC 20530 www.coos.usdoi oov Revised: March 2008. Previous versions of COPS Applications are no longer valid. 16F2 Contents Standard Form 424 ................................... ............................... 1 COPS Application Attachment to SF -424 ................. ............................... 9 Section 1: COPS Program Request ......................... ..........................11 39 Section 2: Executive Information .......................... .............................11 Section 3: General Agency Information ............. ............................... .....12 Section 4: Law Enforcement & Community Policing Strategy ... .............................15 53 Section 5: Continuation of Project After Federal Funding Ends .. .............................19 Section 6: Need for Federal Assistance .................. ............................... 20 Section 7: Waivers of the Local Match ................... ............................... 21 Section 8: Executive Summary ......................... ............................... 21 Section 9: Project Description ( Narrative) ................... .............................21 Section 10: Budget Narrative ............................ .............................22 Section 11: Memorandum of Understanding ............... ............................... 22 Section 12: Official Partner(s) Contact Information ............ .............................23 Section 13: Incident Data ............................... .............................25 Section 14: Certification of Review and Representation of Compliance with Requirements, ...... ............. 26 Section 15: Assurances ................................. .............................28 Section 16: Certifications ............................... .............................30 Paperwork Reduction Act Notice ........................ ............................... 32 Disclosure of Lobbying Activities ......................... .............................33 Budget Detail Worksheets ............................... .............................37 Instructions for Completing the Budget Detail Worksheets ... ............................... 39 A. Sworn Officer Positions ............................... .............................41 B. Civilian /Non -Swom Personnel ......................... .............................47 C. Equipment/ Technology ............................. ............................... 53 D. Other Costs ........................................ .............................55 E. Supplies .......................................... .............................57 F.Travel/ Training ...................................... .............................59 G. Contracts /Consultants ............................... .............................61 H. Indirect Costs ...................................... .............................63 Budget Summary ...................................... .............................65 Paperwork Reduction Act Notice .......................... .............................67 �'d:Yl M#i �dSRi!�°hfu$'�� ., �tti9.c +l!�xika- ia"ti. .a�IHiQ Pt..11.�2Rirv�, �: .I e f` ;" ly J �6�1�yy �0 . del � IS �fi� .. I� HP ;d �Pa i :r.b � "� �i n i�� 3 i,l��;•V`tJl . 1 U J § L '!fit �, 'uy/rM•9�H�3i hPo6� F�`Sn,,' �" 11h,, �'M�" .,�� y x �{i�K�� vu'ki:,. ., �.:�,' .�y�a{T<ff"iY nh•4yP�ii�igi IB�� dii: fb .�ypp i� flA��1i4 kJ,U W�t�i,. ifiJ p� dl�} , 'sS -w�- s��ln h7� 1�� Ik%fl�l? S.b ti ,.��'�I�NYMV' �I"+#�"wNm;,;wx 4l�iiN��!k#t i�:,� °a p if u 'Ftr q �""r��yy �M3nANP<�s�9 1 vtV'AF��A�1 itl��'ialpflM9p� ; .� 116 Ai•Yr d Ylit� ^h °'yh' W. �!P r iWV �� ' � � � r r � r �� e`i` iifl a Y � t.: i �L';5�'� (gip �� d ^ "' ° "�„ xi '�?AYk` ufq y=fib� 1'�'4�4:kh! t�ui ,J .�';p� .fix ,y, ..yy ' ' p; „�� i i�'i t' 1'4� 9f�1 ^5' ,it'�� fi4�',q}�o-0ih 41 @M[,f�`�,':'U,� wed .,{g��M�yp�YWiM�pmi �i� ttITi14�C +C ^i'1t�W .rl q •• � � k. .�Cik 1. •, !� �.� t�� a dam'. .��.1 ' ,. ;i ^l��i�d ltrM4.�J�51 ua��1 - l..c ��' o-,�Y a'. "9lj ^ R`. ) .. r r IMi[w§W%gt1�Wn. ^v.yllrlHTnro � I Y} v ,.. .,', n' ,+;. r�ryarpLMpkM {yinY'4�Id': OMB Number: 4040 -02 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 ' 1. Type of Submission: rj Preapplication C Application i Changed /Corrected Application ' 2. Type of Application: ' if Revision, select appropriate lettens): r.. New G Continuation ' Other (Specify) -,, Revision ' 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: 7777I7 tifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: • a. Legal Name: Collier County, Florida - Board of County Commissioners • b. Employer/Taxpayer Identification Number (EIN/TIN): 59- 6000558 ' c. Organizational DUNS: 076997790 d. Address: • Streetl: 3301 Tamiami Trail, East Street2: Building F, 1 st Floor • City: Naples County: Collier • State: Florida Province: • Country: USA • Zip / Postal Code: 34112 e. Organizational Unit: Department Name: Emergency Management Division Name: Bureau of Emergency Services I. Name and contact Information of person to be contacted on matters involving this application: Prefix: Mr. ' First Name: James Middle Name: J ' Last Name: von Rinteln Suffix: Title: Emergency Management Coordinator Organizational Affiliation: Emergency Management Department ' Telephone Number: (239) 252 -8911 Fax Number: (239) 775 -5008 'Email: Jamesvonrinteln ®colliergov.net Tracking Number: Funding Opportunity Number: Meeived Oete: Tinr Zone: GMT -5 16 F 2 ".,q OMB Number: 4040 -0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 9. Type of Applicant 1: B. County Government Type of Applicant 2: Type of Applicant 3: ' Other (specify): ' 10. Name of Federal Agency: U.S. Department of Justice 11. Catalog of Federal Domestic Assistance Number: 16.710 CFDA Title: Technology Grant 12. Funding Opportunity Number: ' Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Collier County, Florida • 15. Descriptive Title of Applicant's Project: Collier County Emergency Operations Center (EOC) Attach supporting documents as specified in agency instructions. Tracking Number: Funding Opportunity Number: Received DeM: Time Zone: GMT -5 16F2 Application for Federal Assistance SF -424 16. Congressional Districts Of: ' a. Applicant FL 14 & FL 25 - b. Program /Project: 14 Attach an additional list of Program /Project Congressional Districts it needed. 17. Proposed Project: a. Start Date: 07/01/2008 ' b. End Date: 03/31/2009 18. Estimated Funding ($): • a. Federal 350,738.00 • b. Applicant • c. State • d. Local • e. Other • I. Program Income • g. TOTAL 350,738.00 ' 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 c b. Program is subject to E.O. 12372 but has not been selected by the State for review. (i c. Program is not covered by E.O. 12372. e 20. Is the Applicant Delinquent on Any Federal Debt? (If "Yes ", provide explanation on the next page.) p Yes sk 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 beat of my knowledge. 1 also provide the required assurances— and agree to com- ply with any resulting terms If I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) "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: StanclarciroMIM (Hevisea Pr rib O Prefix: 'First Name: Tom ed MB irc lar A -1 2 Middle Name: Last Name: Henning Suffix: • Title: Chairman, Collier County Board of County Commissioners • Telephone Number: (239) 252 -8392 Fax Number: (239) 252 -3602 • Email: SamTucker @colliergov.net • Signature of Authorized Representative: 'Date Signed:^ f r...., �f 1. o Nl u ,, ,1 Au.as t form &legal suflyiniencyATTEST; ;1jry DWIGHT Es" BROCK, CLERK ounty gtto ey Tracking Number: I it I u , bC • Deputy rt ;.. ,•,_. Funding Opportunity Number: Attie t a' �R �NVatl D•le: Time Zone: GMT-5 slgnatwo w a t to r 4 ,-+ OMB Number: 4040 -0004 Expiration Date: 01/31/2009 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. N/A I / r 1 M 16 F 2 "" Public reporting burden for this collection of information is estimated to average 60 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- 0043), 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. a ILaHrlary r iiM tmcmumg me continuation sneet) required for use as a cover sheet for submission of preapplications and applications and related information under discretionary programs. Some of the items are required and some are optional at the discretion of the applicant or the Federal agency (agency). Required items are identified with an asterisk on the form and are specified in the instructions below. In addition to the instructions provided below, applicants must consult agency instructions to determine specific requirements. Item Entry: 1. Type of Submission: (Required): Select one type of submission in accordance with agency instructions. Preapplication Application Changed /Corrected Application - If requested by the agency, check if this submission is to change or correct a previously submitted application. Unless requested by the agency, applicants may not use this to submit changes after the closing date. 2. Type of Application: (Required) Select one type of application in accordance with agency instructions. New -An application that is being submitted to an agency for the first time. Continuation - An extension for an additional funding /budget period for a project with a projected completion date. This can include renewals. Revision - Any change in the Federal Government's financial obligation or contingent liability from an existing obligation. If a revision, enter the appropriate letter(s). More than one may be selected. If "Other' is selected, please specify in text box provided. A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration E. Other (specify) 3. Data Received: Leave this field blank. This date will be assigned by the Federal agency. 4. Application Identifier: Enter the entity identifier assigned by the Federal agency, if any, or applicant's control number, if applicable. 5a. Federal Award Identifier: Enter the number assigned to your organization by the Federal Agency, if an. 5b. Federal Award Identifier: For new applications leave blank. For a continuation or revision to an existing award, enter the previously assigned Federal award identifier number. If a changed /corrected application, enter the Federal Identifier in accordance with agency instructions. 6. Data Received by State: Leave this field blank. This date will be assigned by the State, if applicable. 7. State Application Identifier: Leave this field blank. This identifier will be assigned by the State, if applicable. S. Applicant Information: Enter the following in accordance with agency instructions: a. Legal Name: (Required): Enter the legal name of applicant that will undertake the assistance activity. This is the name that the organization has registered with the Central Contractor Registry. Information on registering with CCR may be obtained by visiting the Grants.gov website. b. EmployerlTaxpayer Number (EINrrIN): (Required): Enter the Employer or Taxpayer Identification Number (EIN or TIN) as assigned by the Internal Revenue Service. If your organization is not in the US, enter c. Organizational DUNS: (Required) Enter the organization's DUNS or DUNS +4 number received from Dun and Bradstreet. Information on obtaining a DUNS number may be obtained by visiting the Granis.gov website d. Address: Enter the complete address as follows: Street address (Line 1 required), City (Required), County, State (Required, if country is US), Province, Country (Required), Zip /Postal Code (Required, if country is e. Organizational Unit: Enter the name of the primary organizations unit (and department or division, if applicable) that will undertake the assistance activity, if applicable. Item f. Name and contact information of person to be contacted on matters involving this application: Enter the name (First and last name required), organizational affiliation (if affiliated with an organization other than the applicant organization), telephone number (Required), fax number, and email address (Required) of the person to 'ontact on matters related to this application. g. 1Type of Applicant: (Required) Select up to three applicant type(s) in accordance with agency instructions. A. State Government B. County Government C. City or Township Government D. Special District Government E. Regional Organization F. U.S. Territory or Possession G. Independent School District H. Public/State Controlled Institution of Higher Education I. Indian /Native American Tribal Government (Federally Recognized) J. Indian /Native American Tribal Government (Other than Federally Recognized) K. Indian /Native American Tribally Designated Organization L. Public /Indian Housing Authority M. Nonprofit with 501 C3 IRS Status (Other than Institution of Higher Education) N. Nonprofit without 501 C3 IRS Status (Other than Institution of Higher Education) 0. Private Institution of Higher Education P Individual O. For -Profit Organization (Other than Small Business) R. Small Business S. Hispanic- serving Institution T Historically Black Colleges and Universities (HBCUs) U. Tribally Controlled Colleges and Universities (TCCUs) V. Alaska Native and Native Hawaiian Serving Institutions W. Non- domestic (non -US) Entity X. Other (specify) 10. Name Of Federal Agency: (Required) Enter the name of the Federal agency from which assistance is being requested with this application. 11. ICatalog Of Federal Domestic Assistance Number) Title: Enter the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested, as found in the program announcement, if 12. Funding Opportunity Number/Title: (Required) Enter the Funding Opportunity Number and title of the opportunity under which assistance is requested, as found in the program announcement. 13. Competition Identification Numberrritle: Enter the Competition Identification Number and title of the competition under which assistance is requested, if applicable. 14. Areas Affected By Project: List the areas or entities using the categories (e.g., cities, counties, states, etc.) specified in agency instructions. Use the continuation sheet to enter additional areas, if needed. 16F2 Item Entry: Item Entry: 15. Descriptive Title of Applicant's Project: (Required) Enter a brief 19. Is Application Subject to Review by State Under descriptive title of the project. If appropriate, attach a map showing Executive Order 12372 Process? Applicants should project location (e.g., construction or real property projects). For contact the Stale Single Point of Contact (SPOC) for Federal preapplications, attach a summary description of the project. Executive Order 12372 to determine whether the application is subject to the State intergovernmental review process. 16. Congressional Districts Of: (Required) 16a. Enter the applicant's Congressional District, and 16b. Enter all District(s) affected by the Select the appropriate box. If "a." is selected, enter the date program or project. Enter in the format: 2 characters Stale Abbreviation the application was submitted to the State. - 3 characters District Number, e.g., CA -005 for California Sth district, 20. Is the Applicant Delinquent on any Federal Debt? CA -012 for California 12th district, NC -103 for North Carolina's 103rd (Required) Select the appropriate box, This question applies district. to the applicant organization, not the person who signs as the If all congressional districts in a state are affected, enter "all" for authorized representative. Categories of debt include the district number, e.g., MD -all for all congressional districts in delinquent audit disallowances, loans and taxes. Maryland. If nationwide, i.e. all districts within all states are affected, enter If yes, include an explanation on the continuation sheet. US -all. • If the program /project is outside the US, enter 00 -000. 21. Authorized Representative: (Required) To be signed and dated by the authorized representative of the applicant 17. Proposed Project Start and End Dates: (Required) Enter the proposed organization. Enter the name (First and Iasi name required) start date and end date of the project. title (Required), telephone number (Required), fax number, and email address (Required) of the person authorized to 18. Estimated Funding: (Required) Enter the amount requested or to be contributed during the first funding /budget period by each contributor. sign for the applicant. Value of in -kind contributions should be included on appropriate lines, as applicable. If the action will result in a dollar change to an existing award, A copy of the governing body's authorization for you to sign indicate only the amount of the change. For decreases, enclose the this application as the official representative must be on file in amounts in parentheses. the applicant's office. (Certain Federal agencies may require that this authorization be submitted as part of the application.) f �: �� u 16F2 N.j Standard Application Forms OMB Control Number: 1103 -0098 COPS Application Attachment to SF -424 Expiration Date: 0813012008 SECTION 1: COPS PROGRAM REQUEST Federal assistance is being requested under the following COPS program: Select the COPS grant program for which you are requesting federal assistance. Please DO NOT use this form to apply for multiple programs at one time. A separate application must be completed for each COPS program for which you are applying. Please ensure that you read, understand, and agree to comply with the applicable grant terms and conditions as outlined in the COPS Application Guide before finalizing your selection. CHECK ONE PROGRAM OPTION ONLY OChild Sexual Predator Program `Targeted - Methamphetamine Initiative OUniversal Hiring Program OCommunity Policing Development VITargeted - Technology Program CSecure Our Schools ❑Tribal Resources Grant Program SECTION 2: EXECUTIVE INFORMATION Note: Listing individuals without ultimate programmatic and financial authority for the grant could delay the review of your application, or remove your application from consideration. A. Applicant ORI Number: _ _ The ORI number is assigned by the FBI and is your agency's unique identifier The first two letters are your state abbreviation, the next three numbers are your county's code, and the final two numbers identify your jurisdiction within your county. If you do not currently have an ORI number, the COPS Office will assign one to your agency for the purpose of tracking your grant. ® Check here if your agency has not been assigned an ORI number. B. Law Enforcement Executive /Program Official Information: For Law Enforcement Agencies: Enter the law enforcement executive's name and contact information. This is the highest ranking law enforcement official within yourjurisdiction (e.g., Chief of Police, Sheriff, or equivalent). For Non- Law Enforcement Agencies: Enter the program official's name and contact information. If the grant is awarded, this position would be responsible for the programmatic implementation of the award. If your agency is a "start-up" this section can remain blank. Title: County Manager First Name: James MI: V Last Name: Mudd Suffix Agency Name: Collier County, Florida - Board of County Commissioners Street Address 1: 3301 Tamiami Trail, East Street Address 27 Building F, 2nd Floor City: Naples State* FL Zip Code 34112 Telephone: (239) 225 -8383 Fax: (239)252 -4010 E -mail: Jamesmudd @colliergov.net Type of Agency: Q Municipal '-1 State 0 County Police Department :1 Sheriff El Tribal Q Transit* Tl School* L!i Consortium* L UniversitylCollege* (© Public or O Private) U Public Housing* CJ New Start-Up* (please specify): 0 Non -profit Organization 0 Profit Organization IZ Other* (please specify): County Public Safety *Agency types that have an asterisk next to them and that are applying for COPS hiring grants must provide additional information. Please refer to the COPS Application Guide: 'Agency Supplemental Information" section for the questions that you will need to ,I ,� address. Please attach this information to your application. 16F2 Standard Application Forms C. Government Executive /Financial Official Information: For Government Agencies: Enter the government executive's name and contact information. This is the highest ranking official within yourjurisdiction (e.g,, Mayor, CityAdministrator, Tribal Chairman, or equivalent). For Mon-Government Agencies: Enter the financial official's name and contact information. If the grant is awarded, this position would be responsible for the financial management of the award. Please note that information for non - executive positions (e.g., clerk, trustees, etc.) are not acceptable. Chairman First Name: Tom MI: Last Name: Henning Suffix Agency Name: Collier County Board of County Commissioners Street Address 1' 3301 Tamiami Trail East Street Address 2: Building F, 3rd Floor City: Naples State' FL Zp Code' 34112 Telephone: (239) 252 -8392 Fax: (239) 252 -3602 E -mail: Samtucker @colliergov.net Type of Government Entity: 9 State ❑ City 73 Town 0 County G Village ❑ Borough 0 Township ® Territory ❑ Region ❑ Council ❑ Community 0 Pueblo T7 Tribal Nation © School District LJ Not applicable. Please check here if applying as a non- government agency (e.g., non -profit agency). SECTION 3: GENERAL AGENCY INFORMATION A. General Applicant Information Cognizant Federal Agency: Enter the legal applicant's Cognizant Federal Agency. A Cognizant Federal Agency, generally, is the federal agency from which yourjudsdiction receives the most federal funding. Your Cognizant Federal Agency also may have been previously designated by the Office of Management and Budget. ,2. Fiscal Year: 101_1 12008 to 9_130 12009 (moldaylyr) Enter the legal applicant's fiscal year 3. Population served as of the 2000 U.S. Census: 350,771 4. If the population served is not represented by U.S. Census figures (e.g., colleges, special agencies, school police departments, MSAs, etc.), please indicate the size of the population served: 12 16F2 Standard Application Forms B. Law Enforcement Agency Information 1. Is your agency contracting for law enforcement services? Contractual arrangements for law enforcement services are not fundable under the Universal Hiring Program. E2 Yes 2INo If yes," the Legal Name and address information listed on the SF -424 under section 8 (Applicant Information) should be for the jurisdiction that will be contracting to receive law enforcement services, and NOT the law enforcement agency that will actually provide those services. Also, be sure to enter the name and agency information of the contract law enforcement department under section 2, part 8 (law enforcement executive information) of this document. In all contracting arrangements, thejurisdiction that is applying for assistance is ultimately responsible for ensuring compliance with all grant requirements. For additional clarification on contracting guidelines, please see the program - specific section of the COPS Application Guide. If you are a tribal law enforcement agency, instead of providing your own law enforcement services, does your tribe exclusively contract with a non-81A local law enforcement agency for services? 91 Yes I➢ No If "yes," please refer to the program - specific section of the COPS Application Guide for additional eligibility information. 2. Population Served By Law Enforcement Agency Do officers have orima law enforcement authority for the population to be served? 2 Yes C No An agency with primary law enforcement authority is defined as the first responder to calls for service, and has ultimate and final responsibility for the prevention, detection, and/or investigation of crime within its jurisdiction. If "yes," what is the actual population for which your department has primary law enforcement authority? [In other words, the 2000 Census population minus the incorporated towns and cities that have their own police departments.] 350,771 If "no," please explain. Include the date by which your agency anticipates having primary law enforcement authority for this population. [Please limit your response to a maximum of 250 words.] N/A 16F2 Standard Application Forms 3. Current Budgeted Sworn Force Strength as of the Date of This Application: Full -time: 921 Part-time: 4 Enter the budgeted sworn force strength. The budgeted sworn force strength is the number of sworn otficerpositions your department has allocated within its budget, including state, Bureau of Indian Affairs, and locally- funded vacancies. tb not include unpaid /reserve officers, or detention staff. 4. Current Actual Sworn Force Strength as of the Date of This Application: Full -time: 921 Part -time: 4 Enter the actual swom force strength. The actual sworn force strength is the actual number of sworn officer positions employed by your department as of the date of application. Do not include vacant positions or unpaid/reserve positions. 14 16F2 Standard Application Forms SECTION 4: LAW ENFORCEMENT & COMMUNITY POLICING STRATEGY COPS Office grants must be used to reorient the mission and activities of law enforcement agencies toward the community policing philosophy or enhance their involvement in community policing. The following is the COPS Office definition of community policing that emphasizes the primary components of community partnerships, organizational transformation, and problem solving. Community policing is a philosophy that promotes organizational strategies, which support the systematic use of partnerships and problem - solving techniques, to proactively address the immediate conditions that give rise to public safety issues, such as crime, social disorder, and fear of crime. The COPS Office has completed the development of a comprehensive community policing self- assessment tool for use by law enforcement agencies. Based on this work, we have developed the following list of primary sub - elements of community policing. Please refer to the COPS Office web site (www.coos.usdoi cov) for further information regarding these sub - elements. Community Partnerships: Collaborative partnerships between the law enforcement agency and the individuals and organizations they serve to both develop solutions to problems and increase trust in police. Other Government Agencies Community Members/Groups Non - Profits /Service Providers Private Businesses Media Organizational Transformation The alignment of organizational management, structure, personnel and information systems to support community partnerships and proactive problem- solving efforts. Agency Management Climate and culture • Leadership • Labor relations • Decision- making • Strategic planning Policies • Organizational evaluations • Transparency Organizational Structure • Geographic assignment of officers • Despecialization • Resources and finances Personnel Recruitment, hiring and selection • Personnel supervisionievaluations Training Information Systems (Technology) • Communicationlaccess to data • Quality and accuracy of data Problem Solving: The process of engaging in the proactive and systematic examinaton of identified problems to develop effective responses that are rigorously evaluated. Scanning: Identifying and prioritizing problems Analysis: Analyzing problems Response: Responding to problems Assessment: Assessing problem - solving initiatives Using the Crime Triangle to focus on immediate conditions (Victim /Offender /Location) 15 16F2 Standard Application Forms COMMUNITY POLICING PLAN COPS grants must be used to initiate or enhance community policing. Please complete the following questions to describe the types of community policing activities that will be initiated or enhanced as a result of COPS funding. You may find more detailed information about community policing at the COPS Office web site (www.cops.usdoj gov). Community Partnerships The COPS Office is interested in determining if your organization will use the grant to assist in increasing the capacity to develop collaborative partnerships with individual and organizational stakeholders in communities to increase trust and to develop shared solutions to community problems. If awarded funding, my organization will implement or enhance: P1- Sharing of relevant crime and disorder information with community members. 0 Yes 71 No ❑ Not Sure P2- Seeking input from the community to identify and prioritize neighborhood problems. 0 Yes ❑No ❑ Not Sure P3- Engagment with the community in the development of responses to community problems. 0 Yes ❑No ❑ Not Sure P4- Collaboration with other agencies that deliver public services (e.g., parks and recreation, social services, public health, mental health, code enforcement). ® Yes ©No 0 Not Sure Please provide specific examples of the types of activities you plan to engage in to enhance community partnerships if awarded grant funding (150 word maximum): This technology project will provide equipment in the form of improved and enhanced communications and information sharing to the County's new Emergency Operations Center (EOC), which is collocated with the Sheriff's 911 and dispatch center, a Sheriff's substation, as well as a the County's central /primary node for emergency communications. During emergencies, or special events the EOC is the primary collaborative interface for our County and Municipal law enforcement with the other critical emergency and community responders. The EOC has sixty -two workstations which provide interface between all critical functions of the community, such as; Fire, Emergency Medical Services, Health agencies, Public Utilities & p Problem Solving The COPS Office is interested in determining if your organization will use the grant to assist in increasing the capacity to use problem solving. Problem solving is an analytical process for systematically 1) identifying and prioritizing problems, 2) analyzing problems, 3) responding to problems, and 4) evaluating problem - solving initiatives. Problem solving involves an agency -wide commitment to go beyond traditional police responses to crime to proactively address a multitude of problems that adversely affect quality of life. If awarded funding, my organization will implement or enhance: PS1- Integration of problem solving into patrol work. 0 Yes 13No 13 Not Sure 16 16F2 1 Standard Application Forms PS2- Identification and prioritization of crime and disorder problems by examining patterns and trends involving repeat victims, offenders, and locations. 0 Yes t]No l Not Sure PS3- Exploring the underlying factors and conditions that contribute to crime and disorder problems. O Yes ONo O Not Sure PS4- Developing tailored responses to crime and disorder problems that address the underlying conditions that contribute to them. Ell Yes CNo 0 Not Sure Please provide specific examples of the types of activities you plan to engage in to enhance problem - solving activities if awarded grant funding (150 word maximum): - Increased number of key persons and organizations included in planning, operations & training Joint Drills Joint Exercises - Inclusion of all key County agencies in: Video Teleconferencing Internet based (web- based) reporting and information exchange Telephonic (VOI /Sat) Communications - Improved Communications between: O Organizational Transformation The COPS Office is interested in determining if your organization will use the grant to assist in increasing the capacity to transform organizational environment, organizational structure, personnel, practices, and policies to support the community policing philosophy and community policing activities. If awarded funding, my organization will implement or enhance: OC1- Institutionalization of organizational changes that support the implementation of community policing strategies. J Yes [2 No Z Not Sure OC2- Incorporation of community policing principles into the agency's mission /vision statement and strategic plan. 0 Yes ONo ZI Not Sure OC3- Institutionalization of community policing principles into a corresponding set of policies, practices and procedures. 0 Yes 17 No 0 Not Sure OC4- Institutionalization of community policing agency -wide. 0 Yes C1 No 2 Not Sure Please provide specific examples of the types of activities you plan to engage in to enhance organizational alignment towards community policing if awarded grant funding (150 word maximum): Community Policing has been an ongoing program and philosophy in Collier County for many years. This funding will address the quicker and more accurate sharing of information from the County's ECC to law enforcement personnel practicing community policing in the field; before, during and after emergencies and disaster situations. By: Improving the transfer of information and communications from residents and neighborhoods, more intelligent interaction with our service populations, better interaction and information sharing with home owner's groups, businesses and civil associations as well as community coalitions. 16F2 Standard Application Forms Technology The COPS Office is interested in determining if your organization will use the grant to assist in increasing technological capacity to bbetterprevent and/or respond to crime and disorder incidents. If awarded funding, my organization will implement or enhance TI-Ensuring that agency staff have proper access to relevant data (e.g., calls for service, incident and arrest data, etc.). 0 Yes C1No 0 Not Sure T2- Analysis and understanding of problems in the community. ® Yes CNo IZ Not Sure TUmprovements to the agency's overall efficiency and effectiveness. 0 Yes nNo 0 Not Sure T4- Providing officers with necessary equipment to better prevent and /or respond to crime and disorder incidents. 0 Yes ONo 0 Not Sure Please provide specific examples of the types of activities you plan to engage in to enhance alignment of technology towards community policing if awarded grant funding (150 word maximum): This technology will be incorporated into the County's new Public Safety Facility which is specifically designed to be resistant to natural and man made disasters, as well as to enhance interaction cooperation between all needed agencies and organizations. Community Policing is always a key component of disaster response, as well as day -to -day public safety and facilitating to an adequate working environment for this is primary to improvement. Examples of how this will enhance activities are: greater telecommunications and radio communications, better meeting and conferencing capabilities, improved and redundant internet /intra based communications and reporting /tracking capabilities between the EOC and field organizations. If your organization receives this COPS grant funding, it should use your responses to these questions as your organization's community policing plan. Your organization may be audited or monitored to ensure that it is initiating or enhancing community policing in accordance with this plan. We understand that your community policing needs may change during the life of your COPS grant (if awarded), and we welcome minor changes to this plan without prior approval. We also recognize that this plan may incorporate a broad range of possible community policing strategies and activities, and that your agency may implement particular community policing strategies from the plan on an as- needed basis throughout the life of the grant. If your agency's community policing plan changes significantly, however, you must submit those changes in writing to the COPS Office for approval. Changes are "significant" if they deviate from the range of possible community policing activities identified and approved in this original community policing plan submitted with your application. fE 1VF Standard Application Forms SECTION 5: CONTINUATION OF PROJECT AFTER FEDERAL FUNDING ENDS Retention for COPS Hiring Grants This section is applicable to COPS applicants applying for sworn officer positions under the FY2008 Universal Hiring Program. ® Check here if not applying under the Universal Hiring Program. Hiring grantees are required to retain all additional officer positions awarded for at least one full local budget cycle following the expiration of COPS grant funding for each COPS- funded officer position. The additional officer positions should be added to your agency's law enforcement budget with state, local, or tribal funds for at least one full local budget cycle, over and above all other locally- funded officer positions (including other school resource officers) that would have existed regardless of the grant, from the time that the thirty -six (36) months of grant funding for each COPS position expires. Absorbing COPS- funded officers through attrition (rather than adding the extra positions to your budget with additional funding) does not meet the retention requirement. Please be aware that if your agency has additional sworn officer hiring grants that are active when one hiring grant expires, the officer positions that were awarded under the expired grant are added to your baseline of locally- funded officer positions and must be maintained throughout the implementation of all additional hiring grants. Use the space below to explain how your agency currently plans to retain any additional officer positions awarded. Please be as specific as possible about the source(s) of retention funding (General Fund revenues, local ballot item, etc.) your agency plans to utilize. A missing or incomplete response could affect your ability to receive funding. [Please limit your response to a maximum of 250 words.] N/A 16F2 4 Standard Application Forms SECTION 6: NEED FOR FEDERAL ASSISTANCE All applicants are required to provide a brief explanation of their agency's public safety needs and an explanation of their agency's inability to implement this project andlor address these public safety needs without federal assistance. In the space below, please provide a brief explanation of your agency's inability to implement this project without federal assistance. [Please limit your response to a maximum of 250 words.] Collier County, Florida consists of approximately 2,020 square miles of territory in Southwest Florida. Our community is particularly vulnerable to natural disasters such as hurricanes, tropical storms, tornadoes and wildfires as well as other emergency situations such as terrorism and mass migrations. The threat of civil disturbance and crime that can result from these situations can be significant not only to this community but the other surrounding communities such as Ft. Myers to the North and Miami and Ft. Lauderdale to the East. The Collier County Government has financially stretched itself to the limit providing the necessary funding for a new facility (Emergency Services Center - ESC) that is both survivable and designed to accommodate all of the key people and organizations required for public safety in the County. While the ESC will have the requisite equipment necessary to meet all certification and basic operational requirements, additional communications equipment which will facilitate some Law Enforcement activities including Community Policing before, during and after county -wide emergencies such as hurricanes, tornadoes and Homeland Security issues is also needed. The new ESC, which includes the County's new 911, Dispatch Center and a Sheriff's Sub - Station as well as the the County's Emergency Operations Center (EOC) and Emergency Management Department is a significant expansion and technical update to the existing facilities. While the new project has provided for all of the major technology infrastructure, the current economic slowdown has caused a budgetary short-fall which has left the requested equipment (peripherals and local infrastructure) unfunded and unscheduled. The funding being requested in this grant will provide connectivity between all Public Safety providers and First Responders not only located within the County's EOC, but to the responders in the field and to the State and Federal Agencies at their operating locations. The technology assistance being requested will allow enhanced Community Policing activities by greatly improving the ability to pass information between Law Enforcement agencies and other First Responders and Elected Officials. 20 16F2 Standard Application Forms SECTION 7: WAIVERS OFTHE LOCAL MATCH Please refer to the Application Guide for information on whether waivers of the local match are available under the grant program for which you are applying. ® Check here if not applicable Are you requesting a waiver of the local match based upon severe fiscal distress? ® Yes 0 No If requesting a waiver, you will be required to attach a detailed waiverjustification to your application. Please refer to the COPS Application Guide - "Waiver of the Local Match" section for information on what to include in your justification, as well as the program - specific portion of the Guide to review the local match requirements. SECTION 8: EXECUTIVE SUMMARY This section is applicable to COPS applicants applying under the Child Sexual Predator Program, Community Policing Development Program, Methamphetamine Initiative, Secure Our Schools, and the Technology Program. ❑ Check here if not applicable Please attach to your application a brief summary of how your agency will use this federal funding. Be sure to include a description of how you expect this grant to impact public safety and/or crime prevention in your community. Please refer to the COPS Application Guide for clarification on specific information to include in your summary. The Executive Summary may be used to keep Congress or other executive branch agencies informed on law enforcement strategies to deter crime in your community. [Please limit your response to a maximum of 400 words.] SECTION 9: PROJECT DESCRIPTION (NARRATIVE) This section is applicable to all agencies applying for COPS programs in FY2008. Please attach to your application an in -depth narrative response detailing your proposed project. Please refer to the program- specific section of the COPS Application Guide: "How to Apply" section for information on what should be included in your response, as well as any additional formatting requirements and page length limitations. 21 16F2 M, Full Text Box Responses (Note: This is only for those that did not fit in the box provided and would only be visible if electronically viewed) Activities to Enhance Community Partnerships (Page 16) This technology project will provide equipment in the form of improved and enhanced communications and information sharing to the County's new Emergency Operations Center (EOC), which is collocated with the Sheriff's 911 and dispatch center, a Sheriffs substation, as well as a the County's central /primary node for emergency communications. During emergencies, or special events the EOC is the primary collaborative interface for our County and Municipal law enforcement with the other critical emergency and community responders. The EOC has sixty -two workstations which provide interface between all critical functions of the community, such as; Fire, Emergency Medical Services, Health agencies, Public Utilities & Services, Transportation entities, the Business community, Volunteers and the Elected officials. Providing reliable and efficient current technology within the EOC will greatly improve the ability of our Public Safety and Law Enforcement organizations to identify, prioritize and prevent crime and public disorder before, during and after emergency situations. Specific Activities (Page 17) - Increased number of key persons and organizations included in planning, operations & training Joint Drills Joint Exercises - Inclusion of all key County agencies in: Video Teleconferencing Internet based (web- based) reporting and information exchange Telephonic (VOI /Sat) Communications - Improved Communications between: Sheriffs Office Departments Municipal Police Departments (Marco Island & Naples) Tribal Police (Miccosukee & Seminole) Florida Highway Patrol Department of Environmental Protection Wildlife Federal Agencies Organizational Alignment (Page 17) Community Policing has been an ongoing program and philosophy in Collier County for many years. This funding will address the quicker and more accurate sharing of information from the County's EOC to law enforcement personnel practicing community policing in the field; before, during and after emergencies and disaster situations. By: Improving the transfer of information and communications from residents and neighborhoods, more intelligent interaction with our service populations, better interaction and information sharing with home owner's groups, businesses and civil associations as well as community coalitions. 16F2 Enhance Technology (Page 18) This technology will be incorporated into the County's new Public Safety Facility which is specifically designed to be resistant to natural and man made disasters, as well as to enhance interaction cooperation between all needed agencies and organizations. Community Policing is always a key component of disaster response, as well as day -to -day public safety and facilitating to an adequate working environment for this is primary to improvement. Examples of how this will enhance activities are: greater telecommunications and radio communications, better meeting and conferencing capabilities, improved and redundant intemet /intra based communications and reporting /tracking capabilities between the EOC and field organizations. Need for Federal Assistance (Page 20) Collier County, Florida consists of approximately 2,020 square miles of territory in Southwest Florida. Our community is particularly vulnerable to natural disasters such as hurricanes, tropical storms, tornadoes and wildfires as well as other emergency situations such as terrorism and mass migrations. The threat of civil disturbance and crime that can result from these situations can be significant not only to this community but the other surrounding communities such as Ft. Myers to the North and Miami and Ft. Lauderdale to the East. The Collier County Government has financially stretched itself to the limit providing the necessary funding for a new facility (Emergency Services Center - ESC) that is both survivable and designed to accommodate all of the key people and organizations required for public safety in the County. While the ESC will have the requisite equipment necessary to meet all certification and basic operational requirements, additional communications equipment which will facilitate some Law Enforcement activities including Community Policing before, during and after county -wide emergencies such as hurricanes, tornadoes and Homeland Security issues is also needed. The new ESC, which includes the County's new 911, Dispatch Center and a Sheriffs Sub - Station as well as the County's Emergency Operations Center (EOC) and Emergency Management Department is a significant expansion and technical update to the existing facilities. While the new project has provided for all of the major technology infrastructure, the current economic slowdown has caused a budgetary short-fall which has left the requested equipment (peripherals and local infrastructure) unfunded and unscheduled. The funding being requested in this grant will provide connectivity between all Public Safety providers and First Responders not only located within the County's EOC, but to the responders in the field and to the State and Federal Agencies at their operating locations. The technology assistance being requested will allow enhanced Community Policing activities by greatly improving the ability to pass information between Law Enforcement agencies and other First Responders and Elected Officials. 16F2 EXECUTIVE SUMMARY Agency Name: Collier County State: Florida Point of Contact: Jin von Rinteln, Emergency Management Coordinator (239) 252 -8911 Estimated Award Amount: $350,738.00 This project will provide connectivity and communications technology to the new Collier County Emergency Services Center (ESC), primarily in the Emergency Operations Center (EOC) which is contained within the ESC public safety facility. The EOC is the central operations center during disasters and emergencies for the community, which includes; three municipalities (the City of Naples, the City of Marco Island and Everglades City), as well as two tribal entities (Miccosukee and Seminole) and the community of Immokalee. The established protocol for emergency operations in Collier County is a unified structure which focuses on centralized coordination between the County Government, Municipalities and Tribal authorities utilizing the Emergency Support Function (ESF) framework, within the National Incident Management System (NIMS). Key to this operational system is the ability to quickly and reliably pass information and communicate between emergency responders and other public safety and infrastructure professionals, as well as State and Federal authorities. Because the County has several independently elected officials and groups who are responsible for law enforcement, public safety and health and welfare in general it is critical to have this type of centralized EOC, with the ability to quickly and efficiently pass information. The EOC itself is comprised of 60 + workstations surrounded by multiple breakout/conference rooms, a telephone information center, emergency studio and media/press area. The EOC is co- located with the county's 911 and dispatch center, a Sheriff's sub - station and the county's Emergency Medical Services (EMS) offices. Each workstation is designated for use by key individuals or functions during an emergency or disaster and communications and information sharing are extremely important to their duties and our ability to incorporate key information to community policing. Current county funding provides for very limited workstation equipment and connectivity in this area. The technology funding being requested in this grant, and detailed in the budget narrative, will provide a modern computer, monitor, and telephone connectivity — as well as printer access, and a radio and wireless back -up access to all operators required in emergency situations. While this EOC project is functionally county -wide, it also very directly improves and assures law enforcement including crime prevention, in a significant way. Disasters such 16FZ as hurricanes present a very challenging situation for a county such as ours, and the continuity of law enforcement activities with all government services is paramount to its limiting the loss of life and property and the speedy recovery of all community activities. Presently, the EOC will only have a limited primary and redundant capability to pass information and communicate between agencies such as Fire, EMS, local police, municipalities and our Sheriff's Office, State law enforcement and Federal entities. The technology outlined in this project will provide the missing connectivity pieces which together with the County's new ESC facility will ensure a public safety system that will greatly improve the ability for information and communications to be passed between all pertinent agencies. 16F2 Project Description A. Problem Identification and Justification: During emergency and disaster situations within Collier County, it has become increasingly difficult to pass information and communicate between public safety entities as the county population continues to grow and as requirements increasingly require technology to address community safety issues. Law enforcement and community policing are key elements which need to be better integrated into the County's other Emergency Support Functions (ESF). In 2007 Collier County began construction of a state -of -the -art Emergency Service Center (ESC), which centralizes all of the critical public safety agencies into a disaster resistant facility. Included in this facility are both law enforcement and emergency services agencies, as well as an Emergency Operations Center (EOC). One of the identified public safety shortcomings identified from past county -wide emergencies was the lack of an adequate EOC facility. This has been addressed by the county leadership through the approval, design and funding of the new ESC facility which will be completed at the end of 2008. While the ESC facility provides the needed space, security and disaster resistance improvement; it still lacks adequate and necessary equipment such as workstation computers and inter /intra net switching capability within the EOC portion to effectively communicate and pass information in a manner most effective to maximize our interface with law enforcement in areas such as community policing. B. Project Goals and Objectives: Goals: Improve internet connectivity Improve intranet connectivity Provide improved telephone communications Provide improved radio communications Provide redundancy to communications and information systems Add additional GIS Printing capability Obiectives: Provide additional 3757 24 10 /100 switches so all EOC computers are connected to both the County IT system and the Collier County Sheriffs Office IT system, as well as the Internet for field units and other nodes Provide additional AP wireless connectivity so that additional staffing and augmentation can quickly integrate into the EOC structure Double existing GIS mapping production by adding 2 additional printers Provide each ESF, agency, liaison and key official with an operational workstation Provide each workstation or work area responsible to coordinate with a law enforcement agency with an 800Mhz remote station Provide 4 additional conference call devices for breakout areas Provide telephone headsets for noise reduction within EOC 16F2 C. Community Policing Strategies /Crime Prevention Activities: - Reducing response times utilizing new technologies where possible - Better reporting through better interaction with the community - Creating/recreating neighborhoods — mastering patrol zones - Enlisting the aid of citizens — allow them to be part of the solution - Intelligent interaction with our service populations — Homeowners, neighborhood coalitions and businesses E. Implementation Plan: Because the new ESC facility will be nearing completion at the same time this funding will become available the implementation opportunity is excellent and can be accomplished in conjunction with the commissioning and testing of the underlying and complementary systems and equipment already being installed. Equipment procurement: October 2008 — April 2009 Equipment installation, integration and testing: November 2008 — May 2009 Operator training: January 2009 — May 2009 System/Equipment Exercise: April 2009 & May 2009 (2, one week exercises) Full Operational Capability: 1 June 2009 E. Evaluation Plan/Effectiveness of Program: Evaluation will begin with the integration and testing of the equipment and systems and continue through the training and exercise schedule. Full operational capability coincides with the beginning of the Atlantic Hurricane Season in 2009, which in an average year provide with at least one opportunity to measure the effectiveness of the anticipated improvements to our Emergency Operations System. Standard Application Forms SECTION 10: BUDGET NARRATIVE 16F2 This section is applicable to COPS applicants applying under the Child Sexual Predator Program, Community Policing Development Program, Methamphetamine Initiative, Secure Our Schools, Technology Program, and the Tribal Resources Grant Program. ❑ Check here if not applicable In the Budget Narrative, you must attach a brief description of each item proposed for purchase, its purpose, and how the items relate to the overall project. Like items may be grouped together for ease of reporting. The structure of the Budget Narrative must mirror the structure of the Budget Detail Worksheet included in this application. In other wards, each item reported in the Budget Narrative must fall under one of the following budget categories: Sworn Officer Positions, Civilian /Non -Sworn Personnel, Equipment/Technology, Other Costs, Supplies, Travel /Training, Contracts /Consultants, and Indirect Costs. For your information, a sample Budget Narrative and a sample Budget Detail Worksheet are included in the COPS Application Guide. Every item included on the Budget Detail Worksheet must be included in the Budget Narrative. Note that allowable /unallowable costs will vary widely between different COPS grant programs and cooperative agreements. Please ensure that you refer to the program - specific portion of the COPS Application Guide - "Federal Funding: Allowable & Unallowable Costs" section fora complete list of the allowable and unallowable costs associated with the particular program for which you are applying. Including unallowable items on your application may delay the processing of your application and could ultimately result in the denial of your request. SECTION 11: MEMORANDUM OF UNDERSTANDING This section is applicable to COPS applicants applying under the Child Sexual Predator Program. ® Check here if not applicable Please attach a Memorandum of Understanding (MOU) to your application that defines the roles and responsibilities of the individuals and partner(s) involved in your proposed project. Please refer to the program - specific portion of the Guide for a complete description of information pertaining to the required MOU. 22 Budget Narrative: C. Equipment Technoloev 16F2 65 HP Computer Workstation Systems (including basic software and licensing). The EOC provides an interactive workspace contained within a secure facility. In any given emergency or disaster response, the 65 main workstations may be utilized by the following agencies or Emergency Support Functions (ESF); Sheriffs Office, City of Naples Police Department, City of Marco Island Police Department, Seminole Tribe Police, Miccosukee Tribe Police, Florida Highway Patrol, Fish and Wildlife Law Enforcement, Department of Environmental Protection, Federal Bureau of Investigation, Department of Homeland Security, Boarder Patrol, Military Police, Mutual Aid Law Enforcement, Coast Guard, Civil Air Patrol, Florida Division of Forestry, State Division of Emergency Management, Federal Emergency Management Agency, Corps of Engineers, 18 ESFs, State of Florida Health Department, Medical Examiners Office, representation from numerous volunteer organizations such as The American Red Cross, Salvation Army and the Coast Guard Auxiliary as well as an extended list of al la cart agencies and groups which may be represented depending on the type of event. Experience has shown us the communities like ours are particularly vulnerable before during and after disasters, like hurricanes and that it is critical the law enforcement needs access to all of the different pieces of information that flow through the EOC. These computer workstations are key nodes to this information and communications sharing. Total for Computer Workstation Systems $ 104,000. 80 850 & 1500 watt Uninterrupted Power Supply (UPS) These UPSs provide back -up power, redundancy and reliability to the workstation computers, printers and associated EOC equipment. 4 1500 watt Uninterrupted Power Supply (UPS). These UPSs provide back -up power, redundancy and reliability to the switches. Total 850 watt UPS $ 10,000. 25 Cisco Catalyst 3750 2410/100PoE + 2 SFP Switches These switches, which are the County standard, provide the inter /intra net connectivity from the workstations, as well as primary telephone services in the EOC and breakout rooms associated with the EOC to the Law Enforcement areas of the facility in total (911 /Dispach, Sheriffs sub - station and ESF -16) and the Law Enforcement agencies in the field. Total 3750 Switches $ 111,000. 6 HP 4250n Network Laser Printers These printers will provide network printers to EOC workstations and breakout rooms. Total Laser Printers $ 7,500. 16F2 09 25 DCC -100 Digital Desktop Radio Controllers These desktop radio controllers will allow remote access to the radio dispatch system from multiple workstations within the EOC and its breakout areas. These sets will greatly improve communications and information sharing among the ESFs, first responders and all law enforcement agencies associated with a given emergency. Total Desktop Controllers $ 87,500. 4 Ploycom Conference Phone Units with headsets Conference sets will be utilized during periods of high EOC activity to assist in the accurate passing of information and to lower overall noise in the EOC. Total Conference Set $ 5,000. 4 Cisco AP 1240IOS Wireless LAN Transmitters These LAN transmitters will provide wireless computer inter /intranet communications to the EOC and breakout rooms associated with the EOC. This capability not only provides redundancy to the main system, but provides additional workstation flexibility and access to persons with laptop wireless requirements. Total AP Wireless $ 3,000. Satellite Mobile Threat -Net Receiver Kit This kit will allow the real -time XM "Threat -Net' weather radar signal to be viewed in the EOC and quickly passed to law enforcement personnel in the field. An example of the type of information that this will allow is severe weather such as a tornado. The primary signal and equipment already exist, this technology will allow it to be viewed where it can be used by community policing assets in the field. Total Adapter Kit $ 738. 100 Surge Protection strips These surge protection strips will be used in conjunction with the UPS units to provide equipment protection and reliability to the workstation and communications equipment in the EOC and adjacent breakout areas. Total Surge Protection $ 2,000. 2 HP 1055 cm GIS Plotters These plotters will provide the ability to print GIS maps, damage assessments, aerial photos, down - linked digital information and imagery to EOC personnel and law enforcement in the field. Total GIS Plotters $ 20,000. 16 F 211 Standard Application Forms SECTION 12: OFFICIAL PARTNER(S) CONTACT INFORMATION Check here if not applicable An official "partner" under the grant may be a governmental or private entity that has established a legal, contractual, or other agreement with the applicant for the purpose of supporting and working together for mutual benefits of the grant. Please refer to the Application Guide for a complete description of partnership requirements under the grant program for which you are applying. Please attach additional partner information pages to your application, if necessary. Title: First Name: MI: Last Name: Suffix: Name of Partner Agency (e.g., School District): Type of Partner Agency (e.g., School District): Street Address 1: Street Address 2: City: State: Zip Code: Telephone: Fax: E -mail: Title: First Name: MI: Last Name: Suffix: Name of Partner Agency (e.g., School District): Type of Partner Agency (e.g., School District): Street Address 1: Street Address 2: City: State: Zip Code: Telephone: Fax: E -mail: 23 Standard Application Forms Title: First Name: MI: Last Name: Suffix: Name of Partner Agency (e.g., School District): Type of Partner Agency (e.g., School District): Street Address 1: Street Address 2: City: State: Zip Code: Telephone: Fax E -mail: Title: First Name: MI: Last Name: Suffix: Name of Partner Agency (e.g., School District): Type of Partner Agency (e.g., School District): Street Address is Street Address 2: City: State: Zip Code: Telephone: Fax: E -mail: 24 16F2 ,1, 1. SECTION 13: INCIDENT DATA 16F2 " Standard Application Forms Incident data is required for the Secure Our Schools grant program. The data reported should cover the time period of September 1, 2006 to August 31, 2007, and should only include incidents that took place in and around the partnering schools. Please refer to the program guide for specific information and instructions regarding the data required for this submission. 0 Check here if not applicable. Type of Incident # of Incidents Reported Homicide Sexual Offenses Aggravated /Major Assaults —for example, an attack with hands, fist, feet, or weapons on an individual. Simple /Minor Assaults — stalking, intimidation/bullying/coercion, etc. Thefts (Includes Reports of Stolen Property) Possession /Sale of Illegal Weapons Vandalism /Destruction of Property Alcohol - Related Offenses Possession, Use or Sale of Drugs Disorderly Conduct School Data Totals Truancy Detentions Suspensions Expulsions Threats to School Property # of Schools Involved in Project Total Student Population for Involved Schools 25 16F2 " Standard Application Forms SECTION 14: CERTIFICATION OF REVIEW AND REPRESENTATION OF COMPLIANCE WITH REQUIREMENTS Certification of Review of 28 C.F.R. Part 23/Criminal Intelligence Systems You must answer this question regardless of the type of COPS grant for which you are applying. Please review the COPS Application Guide: Legal Requirements Section for additional information. Please check one of the following, as applicable to your agency's intended use of this grant: fZ No, my agency will not use these COPS grant funds (if awarded) to operate an interjurisdictional criminal intelligence system. 17-71 Yes, my agency will use these COPS grant funds (if awarded) to operate an interjurisdictional criminal intelligence system. By signing below, we assure that our agency will comply with the requirements of 28 C.F.R. Part 23. The signatures of the Law Enforcement Executive /Program Official and Government Executive /Financial Official, and any applicable program partners on the Certification of Review and Representation of Compliance with Requirements: 1) Assures the COPS Office that the applicant will comply with all legal, administrative, and programmatic requirements that govern the applicant for acceptance and use of federal funds as outlined in the applicable COPS Application Guide; AND 2) Attests to the accuracy of the information submitted with this application (including the Budget Detail Worksheets). The signatures on the reverse side of this page must be made by the actual executives named on this application unless there is an officially documented authorization fora delegated signature. If your jurisdiction has such an official document, it must be attached to this application. Applications with missing, incomplete, or inaccurate signatures or responses may not be considered for funding. Stamped or electronic signatures (unless applying online via Grants.gov) also will not be accepted. Original signatures are required. Faxed copies will not be accepted. Applications postmarked after the final application deadline date may not be considered for funding. Signatures shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. Please be advised that a hold may be placed on this application if it is deemed that the applicant agency is not in compliance with federal civil rights laws, and /or is not cooperating with an ongoing federal civil rights investigation, and /or is not cooperating with a COPS Office compliance investigation concerning a current grant award. By signing on the reverse side of this page, I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and /or any other remedy available by law to the federal government. 26 Law Enforcement Executive /Program Official's Signature ( Signature of person named in Section 2 of`this form) Governmen ecutive /F�cial Official's Signature: gnature or p Official Partner(s) Signature: 16F2 " Standard Application Forms Date: �� 19 Date: =o as to ro rn " 6 +eyai sufficiency 4t. ®unty tt ney Nf A Date: _ (Signature of person(s) named in Section 12 of this form, if applicable) Date: (Signature of persons) named in Section 12 of this form, if applicable) Date: _ (Signature of person(s) named in Section 12 of this form, if applicable) Date: _ (Signature of person(s) named in Section 12 of this form, if applicable) ATTEST: DWIGHT E. BRMK1 .. -C.T?" L. rX Att"t as to Ow tigaatrurt °;�� 27 Standard Application Forms SECTION 15: ASSURANCES Several provisions of federal law and policy apply to all grant programs. We (the Office of Community Oriented Policing Services) need to secure your assurance that the applicant will comply with these provisions. If you would like further information about any of these assurances, please contact your state's COPS Grant Program Specialist at (800) 421 -6770. By the applicant's authorized representative's signature, the applicant assures that it will comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. In particular, the applicant assures us that 1. It has been legally and officially authorized by the appropriate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on its behalf are authorized to do so and to act on its behalf with respect to any issues that may arise during processing of this application. 2. It will comply with the provisions of federal law, which limit certain political activities of grantee employees whose principal employment is in connection with an activity financed in whole or in part with this grant. These restrictions are set forth in 5 U.S.C. § 1501 et seq. 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 4, It will establish safeguards, if it has not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 5. It will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant. 6. It will comply with all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, including but not limited to: the requirements of 28 CFR Part 66 and 28 CFR Part 70 (governing administrative requirements for grants and cooperative agreements); 2 CFR Part 225 (OMB Circular A -87), 2 CFR 220 (OMB Circular A -21), 2 CFR Part 230 (OMB Circular A -122) and 48 CFR Part 31.000, at seq. (FAR 31.2) (governing cost priniciples); OMB CircularA -133 (governing audits) and other applicable OMB circulars; the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended: 28 CFR Part 38.1; the current edition of the COPS Grant Monitoring Standards and Guidelines; the applicable COPS Grant Owners Manuals; and with all other applicable program requirements, laws, orders, regulations, or circulars. 7, If applicable, it will, to the extent practicable and consistent with applicable law, seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions in the agency. 8. It will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from 28 16F2 participation in, deny the benefits of or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the non - discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789(d)); Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301 - 1303); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); Title II, Subtitle A of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101, at sec.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, at seq.); and Department of Justice Non- Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national origin, gender, disability or age against the applicant after a due process hearing, it agrees to forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, D.C. 20531. B. Grantees that have 50 or more employees and grants over $500,000 (or over $1,000,000 in grants over an eighteen -month period), must submit an acceptable Equal Employment Opportunity Plan ( "EEOP ") or EEOP short form (if grantee is required to submit an EEOP under 28 CFR 42.302), that is approved by the Office of Justice Programs, Office for Civil Rights within 60 days of the award start date. For grants under $500,000, but over $25,000, or for grantees with fewer than 50 employees, the grantee must submit an EEOP Certification. (Grantees of less than $25,000 are not subject to the EEOP requirement.) 9. Pursuant to Department of Justice guidelines (June 18, 2002 Federal Register (Volume 67, Number 117, pages 41455 -41472)), under Title VI of the Civil Rights Act of 1964, it will ensure meaningful access to its programs and activities by persons with limited English proficiency. 10. It will ensure that any facilities under its ownership, lease or supervision which shall be utilized m the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify us if advised by the EPA that a facility to be used in this grant is under consideration for such listing by the EPA. 11. If the applicant's state has established a review and comment procedure under Executive Order 12372 and has selected this program for review, it has made this application available for review by the state Single Point of Contact. 12. It will submit all surveys, interview protocols, and other information collections to the COPS Office for submission to the Office of Management and Budget for clearance under the Paperwork Reduction Act of 1995 if required. 13. It will comply with the Human Subjects Research Risk Protections requirements of 28 CFR Part 46 if any part of the funded project contains non - exempt research or statistical activities which involve human subjects and also with 28 CFR Part 22, requiring the safeguarding of individually identifiable information collected from research participants. 14. Pursuant to Executive Order 13043, it will enforce on -the -job seat bell policies and programs for employees when operating agency- owned, rented or personally-owned vehicles. 16F2 Standard Application Forms 15. It will not use COPS funds to supplant (replace) state, local, or Bureau of Indian Affairs funds that otherwise would be made available for the purposes of this grant, as applicable. 16. If the awarded grant contains a retention requirement, it will retain the increased officer staffing level and/or the increased officer redeployment level, as applicable, with state or local funds for a minimum of one full local budget cycle following expiration of the grant period. 17. It will not use any federal funding directly or indirectly to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law ratification, policy or appropriation whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy or appropriation as set forth in the Anti -Lobby Act, 18 U.S.C. 1913. False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. 4!�°•*e� Sig lure of Law Enforcement Executive (or Official with Programmatic thorny, as appl' ble) Signature of overnment xecutive (or Official with Financial Authority, as applicable Appr : fed as to form & legal sufficiency C)rA �R, C,n a �•,t County torney _� 3 -9 Date Y�� Date ATTEST: s' DWIGHT E. BROCK; CL�RIE'; AF+ Depu S_ r AUW It to Cha l l-W s 11VIII oat w'' 29 "� Standard Application Forms 16F21 SECTION 16: CERTIFICATIONS Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug -Free Workplace Requirements Coordination with Affected Agencies. Although the Department of Justice has made every effort to simplify, the application process, other provisions of federal law require us to seek your agency's certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signing this form complies with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," 28 CFR Pan 67, "Government -Wide Debarment and Suspension (Nonprocurement)," 28 CFR Part 83 Government -Wide Requirements for Drug -Free Workplace (Grants)," and the coordination requirements of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. 1. Lobbying As required by Section 1352, The 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Pan 69, the applicant certifies 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 an officer or employee of any agency. a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of any federal grant or cooperative agreement; B. If any funds other than federal appropriated funds have been paid or will be paid to any person 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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities." in accordance with its instructions; C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 2 CFR Part 2867, for prospective participants in primary covered transactions, as defined at 2 CFR Part 2867, Section 2867.437- A. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a slate or federal court, or voluntanly excluded from covered transactions by any federal department or agency; 30 (ii) Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) or private agreement or transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property, making false claims, or obstruction of justice, or commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility. (iii) 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 (A)(h) of this certification; and (iv) Have not within a three -year period preceding this application had one or more public transactions (federal, state or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug -Free Workplace (Grantees Other Than Individuals) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 83, for grantees, as defined at 28 CFR Part 83, Sections 83 and 83.510 - A. The applicant certifies that it will, or will continue lo, provide a drug - free workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (ii) Establishing an on -going drug -free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug -free workplace; (c) Any available drug counseling, rehabilitation and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug - abuse violations occurring in the workplace; (iii) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i); (iv) Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (v) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: COPS Office, 1100 Vermont Ave., NW, Washington, D.C. 20530. Notice shall include the identification numbers) of each affected grant. (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv)(b), with respect to any employee who is so convicted - Grantee Agency Name and Address: Collier County Board of 16F2 Standard Application Forms (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1913, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency; (vii) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (i), (ii), (iii), (iv), (v) and (vi). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of performance (street address, city, county, state, zip code) Check O if there are workplaces on file that are not identified here. 4. Coordination The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordination with all agencies that may be affected by the applicant's grant proposal if approved. Affected agencies may include, among others, the Office of the United States Attorney, stale or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. Commissioners, 3301 Tamiami Trail, East FL 34112 Grantee IRS/ Vendor Number: 5 - btu c SSs False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. Typed Name and The of Law Enforcement Executive (or Official with Programmatic Authority, as applicable): James V. Mudd, Canty Manager, Collier County, Florida Date: _06/c—) S 44 ATTEST: DWIGHT 51ROCK,, CEfi"K fl [A : A:j1 t At tni0 4 n1 ili"Vit kM tlpnAlln 0111 M Typed Name and Titl f Government xecutive (or Official with Financial Authority, as applicable): Tom Henning Chairman, Bo of Count mmissioners Signature..' ;i Date: ��` /90 a.. rc fOrrn g, ,eq�, _ Oljnty- 31 16F2 Standard Application Forms PAPERWORK REDUCTION ACT NOTICE The public reporting burden for this collection of information is estimated to be up to 10 average hours per response, depending upon the COPS program being applied for, including time for searching existing data sources, gathering the data needed, and completing and reviewing the application. Send comments regarding this burden estimate or any other aspects of the collection of this information, including suggestions for reducing this burden, to the Office of Community Oriented Policing Services, U.S. Department of Justice, 1100 Vermont Avenue, N.W., Washington, D.C. 20530; and to the Public Use Reports Project, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, D.C. 20503. You are not required to respond to this collection of information unless it displays a valid OMB control number. The OMB control number for this application is 1103 -0098 and the expiration date is 06/30/2008. 32 16F2 `"A Standard Application Forms Disclosure of Lobbying Activities Instructions for Completion of SF -LLL, Disclosure of Lobbying Activities This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and /or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow -up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District number, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application /proposal control number assigned by the Federal agency). Include prefixes, e.g., 'RFPD E- 90- 001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award /loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting registrant identified in item 4 to influence the covered Federal action. (b) Enter the full name(s) of the individuals) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. Public reporting burden for this collection of information is estimated to average 30 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- 0046), Washington, D.C. 20503. 35 Standard Application Forms C3 16F2 Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352. 1. Type of Federal Action: b 2. Status of Federal Action: b a. initial filing a. contract a. bid/offer/application b. material change b. grant b. initial award c. cooperative agreement c. post -award For Material Change Only: d. loan 3. Report Type: a Year: e. loan guarantee Quarter: f, loan insurance Date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter M Prime M Subawardee Name and Address of Pnme: Tier , if known: Congressional District (number), if known: C(Z) 'e UNVIy 3�U1 i an„ash� NCCp1es' 1- toftC6 '3`tll2 Congressional District (number), if known: 14/25 6. Federal DepartmenUAgency: 7. Federal Program Name /Description: U.S. Department of Justice CFDANumber, if applicable: 16.710 COPS Technology Program S. Federal Action Number, if known: 9. Award Amount, if known: $ 350,738.00 10. a. Name and Address of Lobbying Registrant 10. b. Individuals Performing Services (if individual, last name, first name, MI): (including address if different from No. 1Oa) (last name, first me, MI): Amanda Wood, The Ferguson Group Amanda Wo e Fegus up , 1130 Connecticut Ave, #300, Wash, D.C. 20036 11. Information requested through this form is authorized Signature: by Title 31 U.S.C. Section 1352. This disclosure of Tom Henning Print Name: lobbying activities is a material representation of fact I upon which reliance was placed by the tier above when Title: Chairman, Board of County Commissioners this transaction was made or entered into. This disclosure :. is required pursuant to 31 U.S.C. 1352. This information (239) 252 -8097 AV*15 6o No.: Date will be reported to the Congress semi-annually and will be DWIGHT E B RB Rr ;,JD 1. C available for public inspection. Any person who fails to file . _ the required disclosure shall be subject to a civil penalty' of not less than $10,000 and not more than $100,000 for <' each such failure. Only: Auth�Iif26cgl Reproduction, Standard Form - LLL Federal Use Budget Detail Worksheets Instructions for Completing the Budget Detail Worksheets The Budget Detail Worksheets are designed to allow all COPS grant and cooperative agreement applicants to use the same budget form to request funding. Allowable and unallowable costs vary widely and depend upon the type of COPS program. In addition, the maximum federal funds that can be requested and the federal /local share breakdown requirements also vary. To determine the allowable /unallowable costs, the maximum amount of federal funds that can be requested, and the federalAocal share requirements for the COPS program for which your agency is applying, please refer to the COPS Application Guide. To assist you, sample Budget Detail Worksheets and a Budget Narrative (if applicable) for each COPS program are included in the Application Guide. Please complete each required page of the Budget Detail Worksheets (see the Application Guide for each program's requirements) and the Budget Summary. If you did not request anything under a particular budget category, please check the appropriate box indicating that no positions or items were requested. When you complete the Budget Detail Worksheets, transfer the total for each of the budget categories to the applicable category total field on the Budget Summary. All calculations should be rounded to the nearest whole dollar. In addition, the Budget Summary should be completed with the federalAocal share (if applicable) calculations regardless of whether the applicant is requesting a waiver of the local match. Failure to complete all of the required Budget Detail Worksheet pages and the Budget Summary, and/or including unallowable items in your funding request, may delay the processing of your application, and could ultimately result in the denial of your application. If you need assistance in completing this form, you may call the COPS Office Response Center at 600.421.6770. 16F2 39 olv16rF0327 Expiration Date: 015,130/2008 Collier County BCC, Florida A. SWORN OFFICER POSITIONS No Sworn Officer Positions Requested Instructions: For COPS programs which fund sworn officer positions, you may apply for entry-level salaries and benefits of newly- hired, additional sworn law enforcement officers. Please refer to the Application Guide for information on the length of the grant term for the specific program under which you are applying. This worksheet will assist your agency in properly organizing your maximum estimated salary and benefit costs and providing the necessary financial details for review by the COPS Office. Please list the entry-level base salary and fringe benefits rounded to the nearest whole dollar for one sworn officer position within your agency. COPS hiring funds may also be used to pay for entry-level salaries and benefits of newly- hired, additional officers who will backfll the positions of locally- funded veteran officers that will be deployed into community policing specialty areas (e.g., School Resource Officers). Do not include employee contributions. Complete part 1 if you are requesting funds for full -time officer positions. Part -time officer positions will not be funded. Officer Positions Requested: Full-time Officer Positions Requested: Enter the number of new, entry-level full -time officer positions that are being requested. Do not include any officers already funded (or for which funding has been requested) under any other COPS grants or any positions otherwise funded with state, local, tribal, or BIA funds. Your request should be consistent with your agency's law enforcement needs. Do not request more positions than your agency can support and retain. 41 16F2 Collier County BCC, Florida A. SWORN OFFICER POSITIONS A. Total Entry-Level Base Salary for One Position $ .00 x _ Years = $ .00 Fringe Benefit Costs Should Be Calculated Based on the Full Grant Term Shown in Section A. B. FRINGE BENEFITS: COST: % OF BASE: ADDITIONAL INFORMATION: Social Security $ .00 % Exempt: ❑ Fixed Rate: c Cannot exceed 6.2% of Total Base Salary. If less than 6.2 %, exempt, or fixed rate, provide an explanation in "Sworn Officer Position Budget Summary' on page 45. Medicare $ .00 % Exempt: ❑ Fixed Rate: ❑ Cannot exceed 1.45% of Total Base Salary. If less than 1.45 %, exempt, or fixed rate, provide an explanation in the "Sworn Officer Position Budget Summary" on page 45. Health Insurance $ .00 % Family Plan: ❑ Fixed Rate: ❑ Cannot exceed 30% of the Total Base Salary for individual plans, or 45% for family plans. If it exceeds these rates or is a fixed rate, provide an explanation in the "Sworn Officer Position Budget Summary" on page 45. Life Insurance Vacation Sick Leave $ .00 $ .00 $ .00 Number of Hours Annually: Number of Hours Annually: Retirement $ .00 % Fixed Rate: ❑ Cannot exceed 20% of the Total Base Salary (unless a fixed rate). If a fixed rate, provide an explanation in the "Sworn Officer Position Budget Summary" on page 45. Worker's Compensation $ .00 % Exempt: ❑ Fixed Rate: ❑ Cannot exceed 10% of the Total Base Salary. If exempt or if it exceeds this rate, provide an explanation in the "Sworn Officer Position Budget Summary" on page 45. Unemployment Insurance $ .00 % Exempt: ❑ Fixed Rate: c Cannot exceed 5% of the Total Base Salary. If exempt or if it exceeds this rate, please provide an explanation in the "Sworn Officer Position Budget Summary" on page 45. Other $ .00 % Describe: Other $ .00 % Describe: Other $ .00 % Describe: Total Benefits (t Position) _ $' C. Total Salary $ __ + Total Benefits $ x # of Positions o$ Part A One Position) Part B (One Position) Transfer to Budget Summary Line 1 43 16F2 Collier County BCC, Florida Part 2: Sworn Officer Position Budget Summary (all applicants requesting officer positions must complete this section) After completing Part 1 of this form, answer the following questions. If necessary, attach an explanation of how you computed salaries and benefits for this worksheet. Be sure to answer EVERY question. Missing or erroneous information could significantly delay the review of your agency's request. 1. If your agency's second and/or third -year costs for salaries and/or fringe benefits increase after the first year, check the reason(s) why in the space below: ❑ Cost of living adjustment (COLA) ❑ Step raises ❑ Change in benefit costs ❑ Other - please explain briefly: 2. If an explanation is required for any of the following categories, please provide in the space below: 1) Social Security, 2) Medicare, 3) Health Insurance, 4) Retirement, 5) Worker's Compensation, and 6) Unemployment Insurance 1) Social Security: 2) Medicare: 3) Health Insurance: 4) Retirement: 5) Worker's Compensation: _ 6) Unemployment Insurance: 45 16F2 Collier County BCC, Florida B. CIVILIAN /NON -SWORN PERSONNEL No Civilian /Non -Sworn Personnel Positions Requested W Instructions: Each position must be listed and computed separately. If additional space is necessary, please make copies of this table and attach them to your application. Part 1: Total Base Salary and Fringe Benefits for Civilian /Non -Sworn Personnel A. POSITION TITLE: Base Salary Computation: ($ X ) X = $ .00 (Base Salary Subtotal) (Annual Base Salary X Percent of Time Devoted to the Project) X Number of Years Devoted to the Project Fringe Benefit Costs Should Be Calculated Based on the Full Grant Term Shown in Section A. B. FRINGE BENEFITS: COST: % OF BASE: ADDITIONAL INFORMATION: Social Security $ .00 % Exempt: Li Fixed Rate: ❑ Cannot exceed 6.2% of Total Base Salary. If less than 6.2 %, exempt, or fixed rate, provide an explanation in "Civilian /Non -Sworn Personnel Budget Summary" on page 50. Medicare $ .00 % Exempt: ❑ Fixed Rate: ❑ Cannot exceed 1.45% of Total Base Salary. If less than 1.45 %, exempt, or fixed rate, provide an explanation in the "Civilian /Non -Sworn Personnel Budget Summary" on page 50. Health Insurance $ .00 % Family Plan: ❑ Fixed Rate: ❑ Cannot exceed 30% of the Total Base Salary for individual plans, or 45% for family plans. If it exceeds these rates or is a fixed rate, provide an explanation in the "Civilian /Non -Sworn Personnel Budget Summary" on page 50. Life Insurance Vacation Sick Leave $ .00 $ .00 $ .00 Retirement E .00 % Cannot exceed 20% of the Total Base Salary (unless a fixed rate). "Civilian /Non -Sworn Personnel Budget Summary" on page 50. Number of Hours Annually: Number of Hours Annually: Fixed Rate: ❑ If a fixed rate, provide an explanation in the Worker's Compensation $ .00 % Exempt: ❑ Fixed Rate: ❑ Cannot exceed 10% of the Total Base Salary. If exempt or if it exceeds this rate, provide an explanation in the "Civilian /Non -Sworn Personnel Budget Summary" on page 50. Unemployment Insurance $ .00 % Exempt: ❑ Fixed Rate: ❑ Cannot exceed 5% of the Total Base Salary. If exempt or if it exceeds this rate, please provide an explanation in the "Civilian/Non -Sworn Personnel Budget Summary" on page 50. Other $ .00 % Describe: Other $ .00 % Describe: Other $ .00 % Describe: Benefits Subtotal (1 Position): $ C. Total Salary $ + Total Benefits $ _ $ Part A (One Position) Part B (One Position) Please be sure to complete Part D on page 49. Please include a detailed position description for all positions listed in the Budget Narrative. 47 16F2 Collier County BCC, Florida Total Base Salary and Fringe Benefits for Civilian /Non -Sworn Personnel A. POSITION TITLE: Base Salary Computation: ($ X ) X = $ .00 (Base Salary Subtotal) (Annual Base Salary X Percent of Time Devoted to the Project) X Number of Years Devoted to the Project Fringe Benefit Costs Should Be Calculated Based on the Full Grant Term Shown in Section A. B. FRINGE BENEFITS: COST: % OF BASE: ADDITIONAL INFORMATION: Social Security E .00 % Exempt: ❑ Fixed Rate: ❑ Cannot exceed 6.2% of Total Base Salary. If less than 6.2 %, exempt, or fixed rate, provide an explanation in "Civilian /Non -Sworn Personnel Budget Summary" on page 51. Medicare $ .00 % Exempt: ❑ Fixed Rate: ❑ Cannot exceed 1.45% of Total Base Salary. If less than 1.45 %, exempt, or fixed rate, provide an explanation in the "Civilian /Non -Swom Personnel Budget Summary" on page 51. Health Insurance $ .00 % Family Plan: ❑ Fixed Rate: ❑ Cannot exceed 30% of the Total Base Salary for individual plans, or 45% for family plans. If it exceeds these rates or is a fixed rate, provide an explanation in the "Civilian /Non -Sworn Personnel Budget Summary" on page 51. Life Insurance $ .00 % Vacation $ .00 % Number of Hours Annually: Sick Leave $ .00 % Number of Hours Annually: Retirement $ .00 % Fixed Rate: ❑ Cannot exceed 20% of the Total Base Salary (unless a fixed rate). If a fixed rate, provide an explanation in the "Civilian /Non -Sworn Personnel Budget Summary" on page 51. Worker's Compensation $ .00 % Exempt: ❑ Fixed Rate: ❑ Cannot exceed 10% of the Total Base Salary. If exempt or if it exceeds this rate, provide an explanation in the "Civilian /Non -Sworn Personnel Budget Summary" on page 51. Unemployment Insurance $ .00 % Exempt: c Fixed Rate: ❑ Cannot exceed 5% of the Total Base Salary. If exempt or if it exceeds this rate, please provide an explanation in the "Civilian /Non -Sworn Personnel Budget Summary" on page 51. Other Other Other $ .00 % Describe: $ .00 $ .00 % Describe: % Describe: Benefits Subtotal (1 Position): $ C. Total Salary $ + Total Benefits $ _ $ Part A (One Position) Part B (One Position) Please be sure to complete Part D. D. CivilianlNon•Sworn Personnel Total: $ Add together all Subtotals per position. Transfer Total Civilian/Non -Swom Personnel Cost to Budget Summary Line 2. 49 Please include a detailed position description for all positions listed in the Budget Narrative. 16F2 Collier County BCC, Florida Part 2: Civilian /Non -Sworn Personnel Budget Summary (all applicants requesting civilian /non -swom positions must complete this section) After completing Part 1 of this form, answer the following questions. If necessary, attach an explanation of how you computed salaries and benefits for this worksheet. Be sure to answer EVERY question. Missing or erroneous information could significantly delay the review of your agency's request. 1. If your agency's second and/or third -year costs for salaries and /or fringe benefits increase after the first year, check the reason(s) why in the space below: ❑ Cost of living adjustment (COLA) D Step raises ❑ Change in benefit costs ❑ Other - please explain briefly: 2. If an explanation is required for any of the following categories, please provide in the space below: 1) Social Security, 2) Medicare, 3) Health Insurance, 4) Retirement, 5) Worker's Compensation, and 6) Unemployment Insurance 1) Social Security: 2) Medicare: 3) Health Insurance: 4) Retirement: 5) Worker's Compensation: _ 6) Unemployment Insurance: 51 Collier County BCC, Florida C. EQUIPMENT /TECHNOLOGY No Equipment/Technology Requested U Instructions: List non items that are to be purchased. Non - expendable equipment is tangible property (e.g., technol useful life of more than one year and an acquisition cost of $5,000 or more per unit. Expendhould be included either in the "SUPPLIES" or "OTHER" categories. 7tnical Applicants should analbenefits of purchasing versus leasing equipment, especially for high -price It and those subjechnical advances. Rented or leased equipment costs should be listed in the "CONTRACTS 1 CONSULTANTS" category. Pursuant to the Consolidated Appropriations Act, 2008 (P.L. 110 -161), be advised that, to the greatest extent practical, all equipment and products purchased with these funds must be American -made. For agencies purchasing items related to enhanced communications systems, the COPS Office expects and encourages that, wherever feasible, such voice or data communications equipment should be incorporated into an intra- or interjurisdictional strategy for communications interoperability among federal, state, and local law enforcement agencies. See the COPS Application Guide for a list of allowable /unallowable costs for the particular program for which you are applying. UnitiItem Description Computation Per Item (# of Items /Units X Unit Cost) Subtotal HP Computer Workstation Systems ( 65 X 1,600.00) $ 104,000.00 Uninterrupted Power Supply (UPS) ( 80 X 125.00 ) $ 10,000.00 Cisco 3750 Network Switches ( 25 X 4440 ) $ 111,000.00 HP 4250n Laser Network Printers ( 6 X 1250 ) $ 7,500.00 DCC -100 Desktop Radio Control ( 25 X 3500 ) $ 87,500.00 Polycom Cont phones & Headsets ( 4 X 1250 ) $ 5,000.00 Cisco AP Wireless AIR Recievers ( 4 X 750 ) $ 3,000.00 Satellite Reciever Remote Kit ( 1 X 738 ) $ 738.00 Surge Protectors ( 100 X 20 ) $ 2,000.00 HP GIS Map Plotters ( 2 X 10000 ) $ 20,000.00 ( X ) $ X ) $ $ 350,738000 Transfer to Budget Summary Equipment/Technology Total: Line 3 Please include a detailed description for all items listed in the Budget Narrative 16F2 53 Collier County BCC, Florida D. OTHER COSTS No Other Costs Requested Instructions: List other requested items that will support the project goals and objectives as outlined in your application. Other costs may include items such as overtime and background investigations for law enforcement officer positions and/or civilian positions if allowable under the program for which you are applying. Pursuant to the Consolidated Appropriations Act, 2008 (P.L. 110 -161), be advised that, to the greatest extent practical, all equipment and products purchased with these funds must be American -made. See the COPS Application Guide for a list of allowable /unallowable costs for the particular program for which you are applying. UnittItem Description Computation (# of Items /Units X Unit Cost) Per Item Subtotal ( X ) $ ( X ) $ ( X ) $ ( X ) $ ( X ) $ ( X ) $ ( X ) $ ( X ) $ ( X ) $ ( X ) $ ( X ) $ ( X ) $ Other Cost Total: $ Transfer to Budget SummyrV Line 4 Please include a detailed description for all items listed in the Budget Narrative 16FZ 55 Collier County BCC, Florida G CI Moll 1FC No Supplies Requested 0 Instructions: List items by type (office supplies; postage; training materials; copying paper; books; hand- held tape recorders; etc). Generally, supplies include any materials that are expendable or consumed during the course of the project. Seethe COPS Application Guide for a list of allowable/unallowable costs for the particular program for which you are applying. UnitiItem Description Computation (# of Items /Units X Unit Cost) Per Item Subtotal ( X ) $ ( X ) $ ( X ) $ ( X ) $ ( X ) $ ( X ) $ ( X ) $ ( X $ ( X ) $ ( X ) $ ( X ) $ ( X ) $ Supplies Total: $ Transfer to Budget Summary Line 5 Please include a detailed description for all items listed in the Budget Narrative 16F2 57 16F2 t Collier County BCC, Florida F TRAVFI_ /TRAINING No Travel /Training Requested Uil Instructions: Itemize travel expenses of project personnel by purpose (e.g., mandatory training, staff to training, field interviews, advisory group meetings). Show the basis of computation (e.g., 6 staff members times the unit cost per person for lodging for 3 days). Training projects, training fees, travel, lodging and per diem rates for trainees should be listed as separate travel items. Show the number of staff attending any event and the unit costs per person involved. Identify the location of travel, when possible. Note: Any local training costs (within a 50 -mile radius) should be listed under Section D ( "Other Costs "). See the COPS Application Guide for a list of allowable /unallowable costs for the particular program for which you are applying. Reason for Travel/Training & TravellTraining Item Computation (# of Staff X Unit Cost X # of Per Item Subtotal Location of TravellTraining Daysrrrips /Events) (X X) $ (-X -X ) $ (-X- X ) $ (X X ) $ (X X) $ (X X_) $ (X X) $ (X X) $ (-X-X-) $ (-X- X ) $ (-X-X-) $ (-X-X-) $ (-X-- X ) $ i Travel /Training Total: Transfer to Budget Summary Line 6 Please include a detailed description and justification for travel listed in the Budget Narrative 59 16F2 Collier County BCC, Florida ..TMA^TC lr nNel a TerUTC run Cnntracts /Consultants Costs Requested U. %,UlmI Instructions: See the COPS Application Guide for a list of allowable/unallowable costs for the particular program for which you are applying. Contracts: Provide a description of the product or service to be procured by contract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. If awarded, requests for sol source procurements of equipment, technology, or services in excess of $t 00,000 must be submitted to the COPS Offic for prior approval. Contract Description Per Contract Subtotal Contracts Subtotal: $ (G1) Consultant Fees: For each consultant enter the name (if known), service to be provide hourly or daily fee (based upon an 8 -hour day), and estimated length of time on the project. Unless otherwise approved by the COPS Office, approved consultant rates will be based on the salary a consultant receives from his or her primary employer. Consultant fees in excess of $550 per day require additional written justification in the Budget Narrative and must be pre - approved in writin b the COPS Office. Consultant Name/Title Service Provided Computation (Cost X #Days or Per Consultant Fee # Hours) Subtotal ( X —) $ ( _X—) $ ( X ) $ Consultant Fees Subtotal: $ (G2) Consultant Expenses: List all expenses to be paid from the grant to the individual consultants separate trom their consultant fees (e.g., travel, meals, lodging). Consultant Name/Title Service Provided Computation Per Consultant Expenses ( Cost X #Days) Subtotal ( X _) $ ( X ) $ ( X ) $ ( —X) $ Consultant Expenses Subtotal: $ (G3) Contracts /Consultants Total: $- Contracts (G1) + Consultant Fees (G2) + Consultant Expenses (G3) Transfer to Budget Summary Line 7 Please include a detailed description for all contracts listed in the Budget Narrative 61 Collier County BCC, Florida H. INDIRECT COSTS No Indirect Costs Requested Ld 16F2 Instructions: Indirect costs are allowed under a very limited number of specialized COPS Training and Technical Assistance programs. Please see the COPS Application Guide for a list of allowablelunallowable costs for the particular program for which you are applying. If indirect costs are requested, a copy of the agency's fully - executed, negotiated Federal Rate Approval Agreement must be attached to this application. Indirect Cost Description Computation Per Indirect Cost Subtotal Indirect Costs Total: $ Transfer to Budget Summary Line 8 63 16F2 Collier County BCC, Florida BUDGET SUMMARY Instructions: When you have completed the Budget Detail Worksheets, please transfer the category totals to the spaces below. Please compute the Total Project Amount, Total Federal Share Amount, and Total Local Share (if applicable). Please see the Application Guide for information on the maximum federal share and local matching requirements for the grant for which you are applying. Budget Category Category Total Line # A. Sworn Officer Positions $ . 00 t B. Civilian/Non-Sworn Personnel $ . 00 2 C. EquipmentlTechnology $ 350,738 00 3 DIG.Contracts/Consultants Other Costs $ 00 4 pplies $ 00 5 avellTraining $ 00 6 $ .00 T H. Indirect Costs $ 00 6 Total Project Amount: $ 350,738 00 Total Federal Share Amount: (Total Project Amount X Federal Share Percentage $ 350,738 00 Allowable) Total Local Share Amount (If applicable): ( TotalProjectAmount - TotalFederalShareAmount) $ 0.00 Contact Information for Budget Questions Please provide contact information of the financial official that the COPS Office may contact with questions related to your budget submission. Authorized Official's Typed Name: James J. von Flinteln Title: Emergency Management Coordinator i Phone: (239) 252 -8911 Fax: (239) 775 -5008 E -mail Address: Jamesvonrinteln @colliergov.net :. 16F2 Paperwork Reduction Act Notice Paperwork Reduction Act Notice The public reporting burden for this collection of information is estimated to be up to two hour per response, depending upon the COPS program being applied for, which includes time for reviewing instructions. Send comments regarding this burden estimate or any other aspects of the collection of this information, including suggestions for reducing this burden, to the Office of Community Oriented Policing Services, U.S. Department of Justice, 1100 Vermont Avenue, N.W., Washington, DC 20530, and to the Public Use Reports Project, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. You are not required to respond to this collection of information unless it displays a valid OMB control number. The OMB control number for this application is 1103 -0097 and the expiration date is 0613012008. 67 FOR MORE INFORMATION: U.S. Department of Justice Office of Community Oriented Policing Services I 100 Vermont Avenue, N. W. Washington, DC 20530 To obtain details on COPS programs, call the COPS Response Center at 800.421,6770 Visit COPS Online at the address listed below. e U'6116 %, ,d M(u : Ah, h 21N18 16F2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE . Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines 41 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 44, complete the checklist. and forward to Sue Filson (line #51 Route to Addressee(s) (List in routing order) Office Initials Date 1. _,C o C. \ y y (Initial) 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 by the 4. by the Office of the County Attorney. This includes signature pages from ordinances, 5. Sue Filson, Executive Manager Board of County Commissioners F' 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 r k i °f' l �.il_,_ Phone Number N/A (Not Contact _,C o C. \ y y (Initial) was 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 by the by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document l q �� l.'• �' �'�EJ Number of Original Attached °'>(, -. l t'..: r' % 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 Cotmty 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 ; ' f4 _ 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 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 CrotteauKathynell From: belpediojennifer Sent: Wednesday, June 11, 2008 1:30 PM To: zyvoloski_r Cc: CrotteauKathynell Subject: RE: CEMP Ok, I'll sign now and have Kathy make it available for your pick -up. Thanks, Jennifer From: zyvoloski_r Sent: Wednesday, June 11, 2008 1:17 PM To: belpediojennifer Subject: RE: CEMP the resolution looks good. rick Richard A. Zyvoloski Jr, FPEM Emergency Management Coordinator 3301 E. Tamiami Trail, Bldg. F /Suite 103 Naples, FL 34112 Office: 239.252.8000 FAX: 239.775.5008 www.CollierEM.org From: belpediojennifer Sent: Wednesday, June 11, 2008 9:48 AM To: zyvoloski_r Cc: CrotteauKathynell Subject: CEMP Rick, 16F age 1 of 2 �� rC l Revisions to Executive Summary in track changes. Revisions to Resolution were mostly to format so I did not use track changes. (Note: resolutions and ordinance are required to be in letter size - how exciting!) Once you review the resolution, let me know if ok and I will sign it and make it available for your pick up because the signed version will need to be uploaded into Novus. I will also make the binder book available for pick up. You can use this copy of the binder to give to the Clerk for record keeping purposes since it probably is too big for the Novus agenda. In any event, I know you've done this before so feel free to do whatever has worked logistically in the past. 6/11/2008 Jeww% fer A- P eLpeoUo Assistant County Attorney (239) 252 -8400 phone (239) 252 -6300 fax 6/11/2008 Page 2 of 2 16F3 16F3 MEMORANDUM Date: June 25, 2008 To: Rick Zyvoloski Emergency Management Coordinator From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -189 Enclosed please find one (1) original documents referenced above, (Agenda Item #16F3), approved by the Board of County Commissioners on Tuesday, June 24, 2008. If you should have any questions, please contact me at 252 -8411 Thank you. Enclosure 16F3 RESOLUTION NO. 08 - I Ra RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING THE COLLIER COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN WHEREAS, Chapter 252, Florida Statutes, assigns to the Board of County Commissioners the responsibility for preparing for, responding to, recovering from and mitigating the effects of all potential natural or technological disasters; and WHEREAS, Chapter 252.38, Florida Statutes, authorizes and directs each county of the state, through its Board of County Commissioners, to establish a county organization for emergency management services; and WHEREAS, Rule 9G- 6.006, Florida Administrative Code, requires a review every four years of the County's Comprehensive Emergency Management Plan by the Florida Division of Emergency Management to determine the county plan's compliance with Rule 9G, Florida Administrative Code; and WHEREAS, the Collier County Emergency Management Department received a letter from the Florida Division of Emergency Management stating that the Collier County's Comprehensive Emergency Management Plan is in compliance with Rule 9G -6, Florida Administrative Code; and WHEREAS, Rule 9G -6.006 (10), Florida Administrative Code, requires that within sixty days after a determination by the Florida Division of Emergency Management that the County's Comprehensive Emergency Management Plan is in compliance, the County shall pass a Resolution adopting its Comprehensive Emergency Management Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Collier County's Comprehensive Emergency Management Plan is hereby adopted. This Resolution adopted after motion, second and majority vote in favor of adoption this day of 'Tt, c) e , 2008. ATTEST: DWIGHT E. B K,, AL st-As to Ch&* signal Oi{„ Approsal as do fb.rM.pq o c JenFrrfer A. BelpedN Assistant County ATIor BOARD OF COUNTY COMMISSIONERS CLERK OF COLLIER UNTY, ORIDA 2 / By �( Clerk TOM HENNING, CHAIRMA Sufficiency: 16Ft4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Off ice 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 Contact Purchasing Dept. (Initial) Applicable Agenda Date Item was June 24, 2008 2. 16 -F -4 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 3. — — . -- -. _ — -- �- - -- — Type of Document Federal Lobbyist Service Contract 4. Colleen M. Greene, ACA County Attorney Attached 07/08/08 5. Sue Filson, Executive Manager Board of County Commissioners executed by all parties except the BCC Chairman and Clerk to the Board and possibly State 6. Minutes and Records Clerk of Court's Office Officials. 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 Kelsey Ward, Contract Administration Mgr. Phone Number 252 -8949 Contact Purchasing Dept. (Initial) Applicable Agenda Date Item was June 24, 2008 Agenda Item Number 16 -F -4 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document Federal Lobbyist Service Contract Number of Original 2 Attached County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ematter_number V,,document_numben, Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not (Initial) Applicable I. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the CMG 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 CMG 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 CMG 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 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 06/24/08 and all changes made during the meeting CMG have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 7. 1 Please return 1 executed on final to Kelsey Ward I CMG 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W W S Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ematter_number V,,document_numben, 16F4 MEMORANDUM DATE: July 9, 2008 TO: Kelsey Ward, Contract Administration Manager Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department RE: Contract: "Federal Lobbyist Service Contract" Ferguson Group, LLC. Enclosed please find one original contract, referenced above (Agenda Item #16F4), approved by the Board of County Commissioners on June 24, 2008. The Minutes & Records Department has held an original for the Board's permanent record. If you should have any questions, please contact me at 252 -8406. Thank you. Enclosure (1) 16F4 SERVICE PROVIDER AGREEMENT Federal Lobbyist Service This SERVICE PROVIDER AGREEMENT is made and entered into this N -day of Jcyh , 2008, between the Board of County Commissioners of COLLIER COUNTY, a political subdivision of the STATE OF FLORIDA hereinafter referred to as the "COUNTY" and The Ferguson Group, LLC, whose address is 1130 Connecticut Avenue, N.W. Suite 300, Washington, D.C. 20036, hereinafter referred to as the "PROVIDER ". WITNESSETH WHEREAS, the COUNTY desires to obtain the Lobbyist services of said PROVIDER as further described herein; and, WHEREAS, the PROVIDER hereby certifies that it has been granted and possesses valid, current licenses to do business in the State of Florida and in Collier County, Florida, issued by the respective State Board and Government Agencies responsible for regulating and licensing the services to be provided and performed by the PROVIDER Pursuant to this Agreement; and, WHEREAS, the PROVIDER has reviewed the services required pursuant to this Agreement and is qualified, willing and able to provide and perform all such services in accordance with the provisions, conditions and terms hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing, and the terms and provisions as contained herein, the parties agree that a Contract shall exist between them consisting of the following: ARTICLE 1.0 -SCOPE OF SERVICES PROVIDER hereby agrees to provide and perform the Services required as set forth in EXHIBIT "A ", entitled "SCOPE OF SERVICES ", which is attached hereto and made apart of this Agreement ARTICLE 2.0 - DEFINITIONS 2.1 COUNTY shall mean the Board of County Commissioners of Collier County, a political subdivision of the State of Florida, and all officials and employees. 16F4 2.2 PROVIDER shall mean the individual, firm or entity offering services which, by execution of this Agreement, shall be legally obligated, responsible, and liable for providing and performing any and all of the services, work and materials, including services and /or the work of sub - contractors, required under the covenants, terms and provisions contained in this Agreement. 2.3 SERVICES shall mean all services, work, materials, and all related professional, technical and administrative activities that are necessary to perform and complete the services required pursuant to the terms and provisions of this Agreement. 2.4 ADDITIONAL SERVICES shall mean any additional services that the COUNTY may request and authorize, in writing, which are not included in the Scope of Services as set forth in Article 1.0 above. 2.5 CHANGE ORDER OR AMENDMENT shall mean a written document executed by both parties to this Agreement setting forth such changes as may be requested and authorized in writing by the COUNTY. ARTICLE 3.0 - OBLIGATIONS OF THE PROVIDER The obligations of the PROVIDER with respect to all the Basic Set vices and Additional Services authorized pursuant to this Agreement shall include, but riot be limited to the following: 3. I LICENSES. The PROVIDER agrees to obtain and maintain throughout the terns of this Contract all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, licenses required by the respective State Boards and other governmental agencies responsible for regulating and licensing the services provided and performed by the PROVIDER. 3.2 QUALIFIED PERSONNEL. The PROVIDER agrees that when the services to be provided and performed relate to a professional service(s) which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice such services, to employ and /or retain only qualified personnel to be in charge of all Basic Services and Additional Services to be provided pursuant to this Agreement. 3.3 STANDARDS OF PROFESSIONAL SF,RVICE. The PROVIDER agrees to provide and perform all services pursuant to this Agreement in accordance with generally accepted standards of professional practice and, in accordance with the laws, statutes, ordinances, codes, rules, regulations and requirements of governmental agencies which regulate or have jurisdiction over the services to be provided and /or performed by the PROVIDER. 3.4 CORRECTION OF ERRORS, OMISSIONS OR OTHER DEFICIENCIES (1) Responsibility to Correct. 'The PROVIDER agrees to be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all data, studies, reports, memoranda, 16F4 other documents and other services, work and materials performed, provided, and/or furnished by PROV IDER. The PROVIDER shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in such data, studies and other services, work and materials resulting from the negligent act, errors or omissions or intentional misconduct of PROVIDER. (2) County's Approval Shall Not Relieve Provider of Responsibility. Neither review, approval, nor acceptance by COUNTY of data, studies, reports, memoranda, and incidental professional services, work and materials furnished hereunder by the PROVIDER, shall in any way relieve PROVIDER of responsibility for the adequacy, completeness and accuracy of its services, work and materials. Neither the COUNTY'S review, approval or acceptance of, nor payment for, any part of the PROVIDER'S services, work and materials shall be construed to operate as a waiver of any of the COUNTY'S rights under this Agreement, or any cause of action it may have arising out of the performance of this Agreement. 3.5 LIABILITY - PROVIDER TO I [OLD COUNTY HARMLESS. The PROVIDER shall be liable and agrees to be liable for, and shall indemnify, defend and hold the COUNTY harmless for any and all claims, sans,judgments or damages, losses and expenses including court costs, expert witness and professional consultation services, and attorneys' fees arising out of the PROVIDER'S errors, omissions, and /or negligence. The PROVIDER shall not be liable to, nor be required to indemnify the COUNTY for any portions of damages arising out ofany error, omission, and /or negligence of the COUNTY, its employees, agents, or representatives. 3.6 NOT TO DIVULGE CERTAIN INFORMATION. PROVIDER agrees, during the term of this Agreement, not to divulge, furnish or make available to any third person, firm, or organization, without the COUNTY'S prior written consent, or unless incident to the proper performance ol'PROVIDER'S obligations hereunder. or as provided for or required by law, or in the course ofjudicial or legislative proceedings where such information has bean properly subpoenaed; any non - public information concerning the services to be rendered by PROVIDER, AND PROVIDER shall require all of its employees and sub- contractor(s) to comply with the provisions of this paragraph. 3.7 RESPONSIBILITY FOR ESTIMATES. In the event the services required pursuant to this Agreement include the PROVIDER preparing and submitting to the COUNTY any cost estimates, the PROVIDER, by exercise of his experience andjudgment shall develop its best cost estimates and shall be held accountable, responsible and liable for the accuracy, completeness, and correctness of any and all such cost estimates to the extent provided hereafter. 3.8 ADDITIONAL SERVICES. Should the COUNTY request the PROV IDER to provide and perform professional services under this contract which are not set forth in EXHIBIT " A ", the PROVIDER agrees to provide and perform such ADDITIONAL SERVICES as may be agreed to in writing by both parties to this Agreement. ADDITIONAL SERVICES shall be administered and executed as "CHANGE ORDERS" under the Agreement. The Provider shall not provide or perform, nor shall the COUNTY incur or accept any obligation to compensate the PROVIDER for any ADDITIONAL SERVICES, unless the parties shall execute a written CHANGE ORDER. 16F4 Each such CHANGE ORDER shall set forth a description of (1) the Scope of the ADDITIONAL SERVICES requested; (2) the basis of compensation; and (3) the period of time and /or schedule for performing and completing the ADDITIONAL SERVICES. ARTICLE 4.0 - COMPENSATION AND METHOD OF PAYMENT 4.1 BASIC SERVICES. The COUNTY shall pay the PROVIDER for all requested and authorized basic services rendered hereunder by the PROVIDER and completed in accordance with the requirements, provisions, and /or terms of this Agreement as set forth in Exhibit "B" which is attached hereto and made a part of this Agreement. Total yearly compensation shall not exceed One Hundred Seven Thousand dollars (5107,000) per year without prior written approval from the County Manager or his designee. Yearly compensation shall not increase in an amount greater than five percent (5 %) of the previous year's compensation 4.2 ADDITIONAL SERVICES. The COUNTY shalt pay the PROVIDER for all ADDITIONAL SERVICES as have been requested and authorized by the COUNTY and agreed to in writing by both parties to this Agreement, and according to the terms for compensation and payment of said ADDITIONAL SERVICES as set forth in Section 3.8. 4.3 METHOD OF PAYMENT (1) Monthly Statement. The PROVIDER shalt be entitled to submit not more than one invoice statement to the COUNTY each calendar month covering services rendered and completed during the preceding calendar month. 'The PROVIDER'S invoice statcment(s) shall be itemized to correspond, to the basis of compensation as set forth in the Agreement or CHANGE ORDER(S). The PROVIDER'S invoice statements shall contain a breakdown of charges, description of services) and work provided and /or performed, and, where appropriate, supportive documentation of charges consistent with the basis of compensation set forth in the Agreement or in CHANGE ORDER(S). (2) Payment Schedule, The COUNTY shalt pay the PROVIDER for the performance of this Agreement upon completion of the work as accepted and approved by the Deputy County Manager or their designee pursuant to Exhibit "B ", hereto attached and incorporated herein by reference. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.S. otherwise known as the "Local Government Prompt Payment Act". 4.4 PAYMENT WHEN SERVICES ARE TERMINATED AT THE CONVENIENCE OF THE COUNTY. In the event of termination of this Agreement at the convenience of the COUNTY, the COUNTY shall compensate the PROVIDER for: (1) all services performed prior to the effective date of termination; (2) reimbursable expenses then due; and (3) reasonable expenses incurred by the PROVIDER in affecting the termination of services and work, and incurred by the submittal to the COUNTY of any documents. 161F4 4.5 PAYMENT WHEN SERVICES ARE SUSPENDED. In the event the COUNTY suspends the PROVIDER'S services or work on all or part of the services required by this Agreement, the COUNTY shall compensate the PROVIDER for all services performed prior to the effective date of suspension and reimbursable expenses then due and any reasonable expenses incurred or associated with, or as a result of such suspension. 4.6 NON - ENTITLEMENT TO ANTICIPATED FEES IN THE EVENT OF SERVICE TERMINATION, SUSPENSION, ELIMINATION, CANCELLATION AND /OR DECREASE IN SCOPE OF SERVICES. In the event the services required pursuant to this Agreement are terminated, eliminated, canceled, or decreased due to: (I) termination; (2) suspension in whole or in part; and (3) and /or are modified by the subsequent issuance of CHANGE ORDER(S), the PROVIDER shall not be entitled to receive compensation for anticipated professional fees, profit, general and administrative overhead expenses or for any other anticipated income or expense which may be associated with the services which are terminated, suspended, eliminated, cancelled or decreased. ARTICLE 5.0 -TIME AND SCHEDULE, OF PERFORMANCE 5.1 NOTICE TO PROCEED. Following the execution of this Agreement by both parties, and after the PROVIDER has complied with the insurance requirements set forth hereinafter, the COUNTY shall issue the PROVIDER a WRITTEN NOTICE TO PROCEED. Following the issuance of such NOTICE TO PROCEED the PROVIDER shall be authorized to commence work and the PROVIDER thereafter shall commence work promptly and shall carry on all such services and work as may be required in a timely and diligent manner to completion. 5.2 TIME OF PERFORMANCE. The PROVIDER agrees to complete the Basic Services as listed per Exhibit "A ". Provision of said services shall commence beginning August 1, 2008 and ending on Judy 31, 2010 with the option of renewal for five (5) additional one (I) -year renewals. Should the PROVIDER be obstructed or delayed in the prosecution or completion of its obligations under this Agreement as a result of causes beyond -the control of the PROVIDER, or its sub- consultant(s) and /or sub - contractor(s), and not due to their fault or neglect, the PROVIDER shall notify the COUNTY, in writing, within five (5) calendar days after the commencement of such delay, stating the cause(s) thereof and requesting an extension of the PROVIDER'S time of performance. Upon receipt of the PROVIDER'S request for an extension of time, the COUNTY shall grant the extension if the COUNTY determines the delay(s) encountered by the PROVIDER, or its sub- consultant(s) and /or sub- contractor(s), is due to unforeseen causes and not attributable to their fault or neglect 5.3 PROVIDER WORK SCHEDULE. The PROVIDER shall be required as a condition of this Agreement to prepare and submit to the COUNTY, on a monthly basis, commencing with the issuance of the NOTICE TO PROCEED, a PROVIDER'S WORK SCHEDULE. The WORK SCHEDULE shall set forth the time and manpower scheduled for all of the various tasks required to provide, perform and complete all of the services and work required 16F4 for completion of the various tasks of the project services asset forth in EXIIIBIT "A ", pursuant to this Agrcement in such a manner that the PROVIDER'S planned and actual work progress can be readily determined. The PROVIDER'S WORK SCHEDULE of planned and actual work progress shall be updated and submitted by the PROVIDER to the COUNTY on a monthly basis. 5.4 FAILURE TO PERFORM IN A TIMELY MANNER. Should the PROVIDER fail to commence, provide, perform, and/or complete any of the services and work required pursuant to this Agreement in a timely and diligent manner, the COUNTY may consider such failure as justifiable cause to terminate this Agreement. As an alternative to termination, the COUNTY at its option may, upon written notice to the PROVIDER, withhold any or all payments due and owing to the PROVIDER, not to exceed the amount of the compensation for the work in dispute, until such time as the PROVIDER resumes performance of his obligations in such a manner as to get back on schedule in accordance with the time and schedule of performance requirements as set forth in this Agreement. ARTICLE 6.0 - SECURING AGREEMENT The PROVIDER warrants that the PROVIDER has not employed or retained any company or person other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement and that the PROVIDER has not paid or agreed to pay any person, company, corporation or firm other than a bona fide employee working solely for the PROVIDER any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 7.0 - ASSIGNMENT "TRANSFER AND SUB - CONTRACTS The PROVIDER shall not assign or transfer any of its rights, benefits or obligations hereunder, except for transfers that result from: (I) the merger or consolidation of PROVIDER with a third party, or (2) the disestablishment ofthe PROVIDER'S professional practice and the establishment ofthe successor PROVIDER Nor shall the PROVIDER sub - contract any of its service obligations hereunder to third parties without prior written approval of the COUNTY. The PROVIDER shall have the right, subject to the COUNTY'S prior written approval, to employ other persons and /or firms to serve as sub - contractors to PROVIDER in connection with the PROVIDER performing services and work pursuant to the requirements of this Agreement. ARTICLE 8.0 - APPLICABLE LAW The laws, rules and regulations of the State of Florida, or the laws, rules and regulations of the United States, shall govern this Agreement when providing services funded by the United States government. ARTICLE 9.0 - NON - DISCRIMINATION The PROVIDER for itself, its successors in interest, and assigns, as part of the consideration thereof, does hereby covenant and agree that in the furnishing of services to the COUNTY hereunder, no person on the grounds of race, color, national origin, handicap, or sex shall be excluded from participation in, denied the benefits of, or otherwise 16F4 be subjected to discrimination. Should PROVIDER authorize another person with the COUNTY'S prior written consent, to provide services to the COUNTY hereunder, PROVIDER shall obtain from such person a written agreement pursuant to which such person shall, with respect to the services which he is authorized to provide, undertake for himself the obligations contained in this Section. ARTICLE 10.0 - INSURANCE 10.1 INSURANCE COVERAGE TO BE OBTAINED (1) The PROVIDER shall obtain and maintain such insurance or self - insurance as will protect him from: (A) Claims under Workers' Compensation laws, Disability Benefit laws, or other similar employee benefit laws; (B) Claims for damages because of bodily injury, occupational sickness or disease or death of his employees including claims insured by usual personal injury liability coverage; (C) Claims for damages because of bodily injury, sickness or disease, or death of any person other than leis employees including claims insured by usual personal injury liability coverage; and (D) From claims for injury to or destruction of tangible property including loss or use resulting there from, any or all of which claims may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of this Agreement, whether such services, work and operations be by the PROVIDER, its employees, or by any sub- consultant(s), sub- contractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. (2) The insurance protection set forth hereinabove shall be obtained for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater. (3) The PROVIDER shall require, and shall be responsible for insuring throughout the time that this Agreement is in effect, that any and all of its sub - contractors obtains and maintains until the completion of that sub- contractor's work, such of the insurance coverage's described herein and as are required by law to be provided on behalf of their employees and others. (4) The PROVIDER shalt obtain, have and maintain during the entire period of this Agreement all such insurance or a self-insurance program as set forth and required herein. 10.2 PROVIDER REQUIRED TO FILE INSURANCE CEREIFICATE(S) (1) The PROVIDER, within fourteen (14) calendar days from receipt of the COUNTY'S written Notice of Award, shall submit to the COUNTY all such insurance certificates or self- insurance program documentation as are 16F4 required under this Agreement. Failure of the PROVIDER to submit such certificates and documents within the required time shall be considered cause for the COUNTY to find the PROVIDER in default and terminate the contract. Before the PROVIDER shall commence any service or work pursuant to the requirements of this Agreement, the PROVIDER shall obtain and maintain insurance coverage's of the types and to the limits specified hereinafter, and the PROVIDER shall file with the COUNTY certificates of all such insurance coverage's. (2) Alt such insurance certificates shall be in a form and underwritten by an insurance company(s) acceptable to the COUNTY and licensed in the State of Florida. (3) Each Certificate of Insurance or self - insurance program documentation shall be submitted to the COUNTY in triplicate. (4) Each Certificate of Insurance shall include the following: (A) The name and type of policy and coverage's provided, (B) The amount or limit applicable to each coverage provided; (C) The date of expiration of coverage. (D) The designation of the Collier County Board of County Commissioners both as an additional insured and as a certificate holder (This requirement is excepted for Professional Liability Insurance and for Workers' Compensation Insurance); and (E) Cancellation - Should any of the described policies he cancelled before the, expiration date thereof, the issuing company will endeavor to mail thirty (30) days written notice to the Certificate Holder named. (5) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the ..ork — ten. ^.;nation of this P.gree: ^.e. ^.t Lte PRnVInPQ shall furnish to the COUNTY renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the PROVIDER to provide the COUNTY with such renewal certificate(s) shall be justification for the COUNTY to terminate this Agreement. ARTICLE I1.0 - INSURANCE COVERAGES REOUIRED The PROVIDER shall obtain and maintain the following insurance coverage's: 16F4 (1) WORKERS COMPENSATION. Coverage to comply for all employees for Statutory Limits in compliance with the applicable State and Federal laws. ht addition, the policy shall include the following: (A) Employer's Liability with a minimum limit per accident in accordance with statutory requirements, or a minimum limit of $100,000 for each accident, whichever Limit is greater. (B) Notice of Cancellation and/or Restriction -The policy must be endorsed to provide the COUNTY with thirty (30) days prior written notice of cancellation and /or restriction. (2) COMMERCIAL GENERAL LIABILITY. Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy tiled by the Insurance Services Office and shall include the following: (A) Minimum limits of $200,000 per occurrence and $300,000 aggregate for Bodily Injury Liability and a minimum limit ofS300.000 for Property Damage Liability, or a minimum combined single limit of $1,000,000. (B) Contractual coverage applicable to this specific Agreement including any hold harmless and /or such indemnification agreement. (3) BUSINESS AUTOMOBILE LIABILITY, Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy filed by the Insurance Services Office and must include the following: (A) Minimum limits of$IOQ000 per person and $300,000 per accident for Bodily Injury Liability and a minimum limit of $100,000 for Property Damage Liability, or a minimum combined single limit of $300,000. (B) Coverage shall include owned vehicles, hired and non -owned vehicles, and employee non- ownership. ARTICLE 12.0 - DUTIES AND OBLIGATIONS IMPOSED ON THE PROVIDER The duties and obligations imposed upon the PROVIDER by this Agreement and the rights and remedies available hereunder shall be in addition to, and not a limitation of, any otherwise imposed or available by law or statute. ARTICLE 13.0 - OWNERSHIP AND TRANSFER OF DOCUMENTS All documents such as payment records, notes, computer Files, evaluations, reports and other records and data 16F4 relating to the services specifically prepared or developed by the PROVIDER under this Agreement shall be the property of the PROVIDER until the PROVIDER has been paid for performing the services and work required to produce such documents. Upon completion or termination of this Agreement, all of the above documents to the extent requested by the COUNTY shall be delivered to the COUNTY or to any subsequent PROVIDER within thirty (30) calendar days. The PROVIDER, at its expense, may make and retain copies of all documents delivered to the COUNTY for reference and internal use. ARTICLE 14.0 - MAINTENANCE OF RECORDS The PROVIDER will keep and maintain adequate records and supporting documentation applicable to all of the services, work, information, expense, costs, invoices and materials provided and performed pursuant to the requirements of this A.,reement. Said records and documentation will be retained by the PROVIDER for a minimum of five (5) years from the date of termination of this Agreement, or for such period as required by law. The COUNTY and its authorized agents shall, with reasonable prior notice, have the right to audit, inspect and copy all such records and documentation as often as the COUNTY deems necessary during the period of this Agreement, and during the period as set forth in the paragl aph above; provided, however, such activity shall be conducted only during nomlal business hours of the PROVIDER and at the expense of the COUNTY. ARTICLE 15.0- HEADINGS The headings of the Articles, Sections, Exhibits, and Attachments as contained in this Agr ecment are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions contained in such Articles, Section, Exhibits and Attachments. ARTICLE I6.0- ENTIRE AGREEMENT This Agreement, including the referenced Exhibits and Attachments, constitutes the entire Agreement between the parties and shall supersede all prior agreements or understandings, written or oral, relating to the matters set forth herein. ARTICLE 17.0 - NOTICES AND ADDRESS 17.1 NOTICES BY PROVIDER TO COUNTY All notices required and/or made pursuant to this agreement to be given to the PROVIDER to the COUNTY shall be in writing and shall be given by the United States Postal Service or faxed to the following COUNTY address of record: 10 16F4 Collier County Manaeer's Office 3301 Tamiami Trail East Naples FL 34112 Attention: Mr. James Mudd Fax: 239-252-4010 17.2 NOTICES BY AUTHORITY TO PROVIDER All notices required and/or made pursuant to this Agreement to be given by the COUNTY to the PROVIDER shall be made in writing and shall be given by the United States Postal Service or faxed to the following PROVIDER'S address of record: The Ferauson Group, L ,C. 1130 Connecticut Avenue, N.W. Suite 300, Washinflton D.C.20036 Attn: Val Gelnovatch Fax: 202- 331 -1598 173 CHANGE OF ADDRESS. Either party may change its address and /or fax number by written notice to the other parry given in accordance with the requirements of this Article. ARTICLE 18.0 = FERMINATION This Agreement may be terminated by the COUNTY at its convenience, or due to the fault Of the PROVIDER, by giving thirty (30) calendar days written notice to the PROVIDER The Provider may request that this Agreement be terminated by submitting a written notice to the COUNTY dated not less than thirty (30) calendar days prior to the requested termination date and stating the reason(s) for such a request. However, the COUNTY reserves the right to accept, or not accept the termination request submitted by the PROVIDER, and no such termination request submitted by the PROVIDER shall become effective until PROVIDER is notified, in writing, by the COUNTY of its acceptance. If the PROVIDER is adjudged bankrupt or insolvent, if it makes a general assignment for the benefit of its creditors, if a trustee or receiver is appointed for the PROVIDER or for any of its property; or if it files a petition to take advantage of any debtor's act or to reorganize under the bankruptcy or similar laws; or if it disregards the authority of the COUNTY'S designated representatives; or if it otherwise violates any provisions of this Agreement, or for any otherjust cause, the COUNTY may, without prejudice to any other right or remedy, and after giving the PROVIDER written notice, terminate this Agreement. ARTICLE 19.0 - MODIFICATIONS Any modifications to this Agreement shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. Modifications to the terms and provisions of this Agreement shall only be valid when issued in writing. In the event of any conflicts between the requirements, 16F4 provisions, and/or terms of this Agreement and any written contract modifications(s), the contract modification(s) shall take precedence. ARTICLE 20.0 - ACCEPTANCE Acceptance of this Agreement shall be indicated by the signature of the duly authorized representative of the parties in the space provided. ARTICLE 21.0 — CONFLICT OF INTEREST As a condition of this AGREEMENT, PROVIDER shall provide a list of any businesses and/or organizations to whom the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the COUNTY as a conflict of interest. PROV I DF.R must also include the following information 1. Provide full disclosure of information on any work performed for private interests within the past (2) years, which may be in conflict with the work to be performed for the COUNTY under this contract, especially work that is not yet completed. 2. Declaration of commitment not to pursue any private sector work within the limits of the COUNTY contract or directly affected by the COUNTY contract. PROV [DER 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. PROVIDER further represents that no persons having any such interest shall be employed to perform those services. ARTICLE 22.0 — DISPUTE RESOLUTION Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. "fhe negotiation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the patties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either patty 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 couts have sole and exclusive jurisdiction on all such matters. ARTICLE 23.0 — APPROPRIATION 12 16F4 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. ARTICLE 24.0 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 tune, 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. ARTICLE 25.0 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, ct 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. By signing this AGREEMEN "f, a principal ofthe firm certifies that the firm will comply fully with the provisions of this section. 13 IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first written above. ATTEST: Dwight E. Bggcl¢; °C Courts DATE: S 46(i. First Wifiess TT Oprint witness name + Second Witness TType /print witness nameT APPROVED AS TO FORM AND LEGA SU ICIENCC BY: Assistant County Attorney DATE: —) ' '�' Oq 14 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SU DIVISION OF THE STATE OF FLORIDA BY: .,c. Tom'Herming, Chairman DATE: %'0 O D0 Provider Name: The Fer t o f Grou .LC. _j By: w 'L Sig ature Typed/Printed Title and Name i Item # 15. Date Agenda tQ-- -N Date Rac'd 16F4 16F4 EXHIBIT A BASIC SERVICES GENERAL SCOPE STATEMENT The Provider shall provide and perform the following professional services which shall constitute the GENERAL SCOPE of the SERVICES under the covenants, terms, and provisions of this SERVICE PROVIDER AGREEMENT: Provide for representation of Collier County government to ensure that the County's interests are best represented in securing federal funding. 1.0 PROVIDER shall perform the following services: (a) Advocate the COUNTY's federal legislative program, secure sponsors for necessary bills, amendments, resolutions, represent the interest of the COUN"IY before legislative and executive branches of the federal governinent and their respective departments, agencies, offices, committee-,, and other federal governmental units, and identify other areas of interest and concern to COUNTY, including the identification of grants and other types of federal funding which may be available to assist the COUNTY in its infrastructure investments and advocate those interest and concerns on behalf of COUNTY. (b) Confer with the County Manager and such other COUNTY personnel as the County Manager may designate on all organizational planning and program activity which may have an impact on COUNTY's ability to make the best use of federal programs. (c) Review federal executive proposals, proposed and adopted administrative rules and regulations, legislation under consideration, and other developments for the propose of advising COUNTY of those items which may have an impact on COUNTY policies and /or programs. (d) Secure and furnish such detailed information as may be available on federal programs and grants in which the COUNTY indicates an interest or which may be of potential benefit to COUNTY. (e) Upon request of the County Manager or his designee, review and comment on COUNTY's proposals which are being prepared for submission to Congress, the Administration, and federal agencies. (f) On COUNTY's behalf, establish contacts with federal agencies, supervise, and monitor COUNTY funding applications raider consideration by such agencies. (g) Consult with COUNTY regarding any proposed formula changes in federal programs to determine their impact on COUNTY and take the necessary steps, including advocating formula changes for the COUNTY, as determined by tine County ivianager or his designee. (h) Identify opportunities for Collier County officials to appear before congressional committees and members of Congress to testify or discuss issues of concern to the COUNTY and to provide research materials, written testimony, or other assistance, if requested, for use by COUNTY officials in conjunction with their appearance or meetings. (i) Provide such other services and representations as are typically performed or provided by governmental lobbyists, as designated by the County Manager or his designee. Such services may include, but are not limited to, participation in associations or coalitions with similar objectives as the COUNTY or coordinating activities with lobbying representatives of other public or private entities where issues of common interest exist and such a coordinated lobbying effort will clearly benefit the COUNTY. (j) In accordance with the federal legislative priorities established by the Comtty Commission, PROVIDER shall submit a monthly written report to the County Manager outlining and describing the activities 15 ,16F4 undertaken to accomplish each assignment. PROVIDER agrees to apply its in -house expertise and strategy development to accomplish specific assignments of the COUNTY. (k) Assist COUNTY in researching and preparing draft legislation to be proposed and presented to legislative representatives. (1) Provide a minimum of three (3) professional presentations to the Collier County Board of County Commissioners on a schedule to be detennined by the County Manager or his designee. 2.0 The County will not be restricted to utilizing, on an exclusive basis, the services of The Ferguson Group, LLC. The County may, at times, need additional specialized lobbying services, which will be solicited on an independent basis. 16 16F4 EXITIBIT B COMPENSATION AND METHOD OF PAYMENT Section 1. BASIC - SERVICES /TASK The COUNTY shall compensate the PROVIDER for providing and performing the Task(s) set forth and enumerated in EXHIBI "f "A ", entitled "SCOPE OF SERVICES ", as follows: TASK TITLE Lobbyist Services as outlined in Exhibit A, Basic Services COMPENSATION $8,916 per month inclusive of expenses Not to Exceed S107,000 per year inclusive of expenses Compensation shall be inclusive of all costs. Payment shall be full compensation for all services, labor, tools, equipment, travel and any other items required for project completion and /or completion of services. Section ADDITIONAL SERVICES The COUNTY shall compensate the PROVIDER for such ADDITIONAL SERVICES as are requested and authorized in writing for such amounts or on such a basis as may be mutually agreed to in writing by both parties to this Agreement. The basis and /or amount of compensation to be paid to the PROVIDER for ADDITIONAL SERVICES requested and authorized in writing by the COUNTY shall be as set forth in Article 3.8 of this Agreement 17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 5 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 41 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with die 1. _� .n rhnrkliet and Forward to Sue Filson (line 45). exception of the Chairman's signature, draw a line thou rnoun ones n r "nw .Rte, �� .............. - ..__...._., ___ ___ — _ Initials Date Route to Addressee(s) Office (Initial) Applicable) (List in routing order) appropriate. Agenda Item Number 1. Approved by the BCC 2. signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document 3. -__ ��,Y" Number of Original Attached 4. Attached r', ' ` l contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Chairman and Clerk to the Board and possibly State Officials.) 5. Sue Filson, Executive Manager Board of County Commissioners 2. All handwritten strike - through and revisions have been initialed by the County Attorney's 6. Minutes and Records Clerk of Court's Office Office and all other parties except the BCC Chairman and the Clerk to the Board 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 '� Phone Number N/A (Not Contact (Initial) Applicable) Agenda Date Item was appropriate. Agenda Item Number 1. Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document ^ ��,Y" Number of Original Attached j I Attached r', ' ` l contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents rwtemnrir'rrnriC R, rj[4IW KT.iCT 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 (Initial) Applicable) appropriate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the 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 ne otiated 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. 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 I time frame or the BCC's actions are nullified. Be aware of voar deadlines! -6— The document was approved by the BCC on ', ' I: (enter (enter date) and all changes made during the meeting have been incorporated'in the attached document. The fl_ 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 16F5 MEMORANDUM Date: July 1, 2008 To: Christine Chase Emergency Management From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -190: Declaring support for the FDA, Consumer Services and the Florida Division of Emergency Management to pursue all avenues of FEMA Funding to restore and /or re -build the Immokalee Farmer's Market Enclosed please find one copy of Resolution 2008 -190, as referenced above, (Agenda Item #16F5), adopted by the Collier County Board of County Commissioners on Tuesday, June 24, 2008. If you should have any questions, please call 252 -8406. Thank you. Enclosure (1) 16F5 RESOLUTION NO. 190 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS DECLARING ITS SUPPORT FOR THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES AND THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT TO PURSUE ALL AVENUES OF FEMA FUNDING TO RESTORE. AND /OR RF. -BUILD THE IMMOKALEE FARMERS MARKET WHEREAS, Collier County residents enjoy the exceptional quality of life provided by the diversity of a beach community and agricultural community within the 2,305 square miles of Collier County; and WHEREAS, the Board of County Commissioners understands the importance of the commercial and small farms in Collier County that provide high quality produce both locally and nationally; and WHEREAS, the farming and diverse community of hmmokalee in eastern Collier County relies heavily on its economic survival with the sale of local produce, crafts and other essential commodities for the rural and urban communities within Collier County; and WHEREAS, the Florida Department of Agriculture and Consumer Services has submitted applications for the repair and/or replacement of the Farmers Market in Immokalee which was heavily damaged during Hurricane Wilma; and WHEREAS, the Board of County Commissioners expresses its desire to fully support the Florida Department of Agriculture and Consumer Services and the Florida Division of Emergency Management to pursue all avenues of FEMA funding to restore and /or re -build the Immokalee Farmers Market and ensure it becomes a viable and future disaster resistant place for local commerce. This Resolution is adopted after motion; second and majority vote favoring adoption this day D (-u l e > 2008 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners fully supports the Florida Department of Agriculture and Consumer Services and the Florida Division of Emergency Management to 16F5 pursue all avenues of FEMA funding to restore and /or re -build the Immokalee Farmers Market and ensure it becomes a viable and future disaster resistant place for local commerce. County, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Florida, this JyNay of l ' ATTESTs' DWIGHT E. BROCK, CLERK er Approval` as to form and legal Sufficiency: iA Jennifer A. Belpe t Assistant County mey BOARD OF COUNTY COMMISSIONERS OF COLLIER LINTY OR[DA By — TOM HENNING, CHAIRMA Item # Agenda 1.,-'1(I.�(J Date lQ �� Date (� Recd `t1—— ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16FS 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 routing lines 41 through #4, complete the checklist, and forward to Sue Filson (line 45). Route to Addressee(s) (List in muting order) Office Initials Date 1. / (Initial) Applic able) 2. ( Agenda Item Number 3. — signed by the Chairman, with the exception of most letters, must be reviewed and signed .1 ' 4. II P F' , / - L' r, yy 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 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number ._- Contact / (Initial) Applic able) Agenda Date Item was ( Agenda Item Number Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed .1 ' Type of Document II P F' , / - L' r, Number of Original 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) 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 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 fmal 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 `. ; : -i I (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 a licable. 1: Forms/ County Forms / BCC Forms/ Original documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16F5 MEMORANDUM Date: July 23, 2008 To: Christine Chase Emergency Management From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Letter and Resolution Enclosed please find the original Letter, referenced above, (Agenda Item #16F5), approved by the Collier County Board of County Commissioners on Tuesday, June 24, 2008. If you should have any questions, please call 252 -8411. Thank you. Enclosure (1) Donna Fiala District 1 Frank Hales District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Colette District 5 /vaa�o� o��,cvi� �owr� �o�rivrrrril�tio�� 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 252 -8097 • Fax (239) 252 -3602 June 24, 2008 Mr. Charles H. Bronson, Commissioner Florida Department of Agriculture and Consumer Services The Capital Tallahassee, Florida 32399 Mr. Craig Fugate, Director Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 RE: Farmers Market— Immokalee, Collier County, Florida Dear Commissioner Bronson and Director Fugate: The Collier County Board of County Commissioners has been advised that there may be a delay or appeal in the Federal Emergency Management Agency's approval to repair and or replace the Farmers Market in Immokalee. The Collier County Board of County Commissioners recognizes the economic value the Farmers Market has on our community. The Farmers Market is a means of commerce and, in some cases, small -farm and employee economic survival for this vast rural portion of our community. The Board of County Commissioners would like to offer its full support and endorse your efforts to continue to work with the Federal Emergency Management Agency for the timely repair and /or replacement of this important facility. Dan Summers, our Director of the Bureau of Emergency Services and Emergency Management, will also be available to liaison with you and the State of Florida should additional communication on emergency management issues become necessary. We sincerely thank you for your continuous support and efforts to revitalize and make disaster resistant, this important community asset. With war st regar Sincerely, Tom Henning Chairman, Board of Collier County Commissioners • L� w� 16FS RESOLUTION NO. 08 -190 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS DECLARING ITS SUPPORT FOR THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES AND THE FLORIDA DIVISION OF EMERGENUY MANAGEMENT TO PURSUE ALL AVENUES OF FEMA FUNDING TO RESTORE AND /OR RE -BUILD THE IMMOKALEE FARMERS MARKET WHEREAS, Collier County residents enjoy the exceptional quality of life provided by the diversity of a beach community and agricultural community within the 2,305 square miles of Collier County; and WHEREAS, the Board of County Commissioners understands the importance of the commercial and small farms in Collier County that provide high quality produce both locally and nationally; and WHEREAS, the farming and diverse community of Immokalee in eastern Collier County relies heavily on its economic survival with the sale of local produce, crafts and other essential commodities for the rural and urban communities within Collier County; and WHEREAS, the Florida Department of Agriculture and Consumer Services has submitted applications for the repair and/or replacement of the Farmers Market in Immokalee which was heavily damaged during Hurricane Wilma; and WHEREAS, the Board of County Commissioners expresses its desire to fully support the Florida Department of Agriculture and Consumer Services and the Florida Division of Emergency Management to pursue all avenues of FEMA funding to restore and/or re -build the Immokalee Farmers Market and ensure it becomes a viable and future disaster resistant place for local commerce. This Resolution is adopted after motion; second and majority vote favoring adoption this day Tl u l e- - 2008 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners fully supports the Florida Department of Agriculture and Consumer Services and the Florida Division of Emergency Management to 16,5 pursue all avenues of FEMA funding to restore and /or re -build the Immokalee Farmers Market and ensure it becomes a viable and future disaster resistant place for local commerce. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 'Nay of ATTESV' BOARD OF COUNTY COMMISSIONERS DWIG14T E. BROCK, CLERK OF COLLIER UNTY ORIDA rQIC . By: - er TOM HENNING, CHAIRMA D� Approval'as to for and legal Sufficiency: �J� .J��•.3`',` ` Jennifer A. Belpe i Assistant County mey 16F5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and forward a letter and resolution to the Department of Agriculture and Consumer Services in support of repairs to the Immokalee Farmers Market OBJECTIVE: A recommendation that the Board of County Commissioners approve and forward a letter and resolution to the Department of Agriculture and Consumer Services and the Florida Division of Emergency Management in support of Federal Emergency Management Agency funds for the repairs and/or replacement of the Immokalee Farmers Market. CONSIDERATIONS: It has come to the attention of the Board of County Commissioners that the Federal Emergency Management Agency may place the State's Department of Agriculture and Consumer Services FEMA grant application for repair and replacement of the Immokalee Farmers Market in a "pending or appeal" status. This status may further prolong the release of funds to restore the market. The Board of County Commissioners wishes to communicate to the Director of the Division of Emergency Management and Commissioner of Agriculture the importance of having the Immokalee Farmers Market restored to support local businesses and improve the economic vitality of the Immokalee region. A letter is attached for the Board's consideration along with an accompanying resolution to support the State in their quest for FEMA grant funds to repair and /or replace the structure. If acceptable to the Board of County Commissioners, the Chairman is requested to sign the letter. FISCAL IMPACT: There is no fiscal impact generated by this communication to State officials. LEGAL CONSIDERATIONS: The County Attorney Office has found both documents legal sufficiency. - JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact RECOMMENDATION: Request the Board of County Commissioners to approve the resolution and approve the attached letter supporting the need for FEMA funds and restoration of the Immokalee Farmers Market and authorize the Chairman to sign both documents. Dan Summers, Director of Emergency Services 08- EMS - 00111/3 #16F7 THIS DOCUMENT HAS NOT BEEN RECEIVED IN THE mmal b OFFICE AS OF June 5. 2009 16GI MEMORANDUM Date: June 25, 2008 To: David L. Jackson Executive Director /CRA 4069 Bayshore Drive Naples, Florida 34112 From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agenda Item #16G1: Commercial Lease Agreement W /Palmyra Club Investors, LLC Attached, for your records, please find two original copies as referenced above (Agenda Item #16G1) approved by the Board of County Commissioners on Tuesday, June 24, 2008. The Minutes & Records Department has retained an original document for the record. If you should have any questions, please contact me at 252 -8406. Thank you, Attachments 16 G 1+ ORIGINAL COMMERCIAL LEASE THIS COMMERCIAAL LEASE (hereinafter the "Lease ") is made on this 1" day of July, 2008, by and between PALMYRA CLUB INVESTORS, LLC, a Florida limited liability company, (hereinafter referred to as "Landlord ") and the COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY — BAYSHORE GATEWAY TRI_ANGLE (hereinafter referred to as "Tenant "). In consideration of the rents, covenants and agreements set forth below, the parties hereby agree as follows: ARTICLE 1 INFORMATION PROVISIONS The following terms shall have meanings assigned hereby: 1.1 Premises: A portion of the real property located at 4069 Bayshore Dr. Naples, FL 34112 containing approximately 2300 square feet, as indicated on the sketch of the premises attached hereto as Exhibit "A" (the "Premises "), and incorporated herein. 1.2 Landlord: Palmyra Club Investors, a Florida limited liability company 1.3 Address of Landlord for notice pumoses under this Lease: Palmyra Club Investors LLC P.O. Box 112545 Naples, FL 34108 1.4 Tenant: Bayshore Gateway Triangle Community Redevelopment Agency, a component of the Collier County Community Redeveloppment ency, and non - exclusive use by Bayshore Cultural Arts, Inc. as noted in attached Memoran!Jum of Understanding (Exhibit "B"). 1.5 Address of Tenant for notice purposes under this Lease: 4069 Bayshore Drive Naples, FL 34112 1.6 Tenant's Trade Name: N/A 1.7 Commencement Date: July 1, 2008 1.8 Lease Term: following the Commencement Date, expiring on June 30, 2010 (the "Expiration Date "), unless sooner terminated as herein provided. The Lease Term shall include any renewal or extension which may be exercised by Tenant. This Lease shall be effective after both Landlord and Tenant execute it. 1.9 Permitted Use of the Premises. CPA office uses to include public and governmental meetings, conferences, workshops, events and public informational meetings. CRA is allowed to sublease any space under CRA use provided by this lease and any future addendums, as approved by the Landlord. All other use is prohibited without prior written consent of Landlord. 1.10 Initial Base Rent for Month. $3450.00 Three Thousand Four Hundred Fifty and no 100 16G1 11 1. 11 Operating_ Costs Pro -rated based on percentage of square footage under CRA control Electricity, water, refuse pickup and basic maintenance are the responsibility of the Tenant 1.12 Guarantors. Bayshore Gateway Triangle component of the Collier County Community Redevelopment Agencv 1.13 Address of Guarantor(s). 3301 Tamiami Trail East Naples, IT, 34112 1.14 Security Deposit. $3450.00 1.15 Property. 'Phe real property owned by landlord which includes the Premises and located at 4069 Bayshore Drive Naples, Florida 34112 ARTICLE 2 PREMISES AND TERM 2.1 Premises. In consideration of the rents, covenants and agreements to be performed by Tenant, Landlord hereby leases to Tenant and Tenant hereby rents from Landlord the Premises, subject to easements, restrictions and other matters of record, as of the date hereof. 2.2 Lease Months. The term "Lease Months" as used herein shall mean consecutive 'I'WENTY FOUR (24) months periods commencing on the Commencement Date. 2.3'1'enant's Duty to Open for Business. [Intentionally Deleted] 2.4 Surrender of Premises. At the expiration of the Lease Term, Tenant shall (i) surrender the Premises in the same condition as existed upon the Commencement Date, ordinary wear and tear excepted, unless Tenant elects not to remove trade fixtures, signs and other personal property at the end of the Lease Term, in which case such improvements shall become the property of the Landlord, and (ii) deliver all keys for and all combinations on locks, safes and vaults in the Premises, if any, to Landlord. 2.5 Holding Over. If Tenant holds over or occupies the Premises after expiration of the Lease 'Perm, or the earlier termination of this Lease, without Landlord's prior written consent, the lease shall automatically become a month -to -month lease with the monthly rent in an amount which reflects the annual cost of living increase noted in Article 3.2. No extension of the Lease Term will be valid unless and until the same will be reduced to writing and signed by both Landlord and Tenant. 2.6 Option to Renew. Tenant shall have the option to renew this lease for one additional year (the "Renewal Term "), provided (i) that at the time of exercising the option, Tenant is not then, or thereafter during the balance of the Lease term, in default hereunder; (ii) Tenant has not been late in the payment of rent including the grace period more than three (3) times within the twelve (12) month period preceding the exercise of the option; (iii) that written notice of the exercise of this l6Gl option is given by the Tenant to the Landlord at least one (1) month prior to the Expiration Date, and (iv) Landlord provides written notice to "t'enant's request to renew this lease. ARTICLE, 3 RENT 3.1 Rent. During the Lease Term, "I'enant covenants to pay to Landlord all of the Rent provided for herein. Rent shall be due on or before the first (1 st) day of each month in advance, without demand, notice, deduction or setoff of any kind. 3.2 Rent Amount and Schedule. The Parties acknowledge that the base rental amount under section 1.10 is due and payable along with and any escalations as specified below. An additional 5,o annual cost of living increase shall be added to the base rent at the beginning of the second year of the lease. In the event Tenant elects to renew this Tease as provided for in Section 2.6, above, Tenant shall pay to Landlord the base monthly rent, plus an additional five percent (5 %) for each Renewal Term. 3.3 Additional Rent. Any and all other sums of money or charges required to be paid by Tenant pursuant to the provisions of this Lease, whether or not the same be so designated, shall be considered as "Additional Rent ", and shall be payable and recoverable in the same manner as Rent. 3.4 Past Due Rent and Additional Rent. If Tenant shall fail to pay, within ten (10) days from the date due, Rent, Tenant shall pay to Landlord, on demand, a late charge of five percent (5 %) of the late amount. If Tenant shall fail to pay, within ten (10) days from the date due and Tenant's receipt of Landlord's proper written notice of the same, all other changes designated as Additional Rent, Tenant shall pay to Landlord, on demand, a late charge of five percent (5 %) of the late amount. In the event Tenant fails to pay such late charge, such unpaid amounts shall thereafter bear interest from the due date thereof to the date of payment at the highest rate chargeable by applicable law ( "Applicable Rate "). 3.5 Expenditures by Landlord. If after the expiration of any applicable notice and cure periods, Landlord shall make any expenditure for which Tenant is liable under this Lease and landlord provides Tenant with advance written notice of the same together with receipts and evidence of payment, the amount thereof shall be deemed Additional Rent due and payable by Tenant with the succeeding installment of Rent (unless some other date is expressly provided herein for payment of such amount) together with interest at the Applicable Rate. 3.6 Sales Use and Excise Taxes ('Phis Article Not Applicable to CRA as T'enano. Any sub - lessees submitted by the CRA and approved by the Landlord shall pay all sales, use and other taxes imposed by any government authority upon the manufacture, sale, use, transmission, distribution or am, other process necessary or incidental to the furnishing of sewer, water, and electricity, or any other utility services to the premises. Tenant shall pay, before delinquency, all personal property taxes and assessments on the furniture, fixtures, equipment, and other property of Tenant located in the Premises and on any additions and improvements on the Premises belonging to Tenant. Tenant shall also pay, as Additional Rent, all sales tax assessed against the Rent by governmental authority, even though taxing statute or ordinance may purport to impose such sales tax against Landlord. Tenant shall make the payment of sales tax on a monthly basis, concurrently with the payment of the Rent. 3.7 Utility Service. Tenant shall be responsible for and promptly and timely pay all charges for use or consumption of all utility services used or consumed within the Premises, for the lease space noted 16G1 in Exhibit A. If any such charges are not paid when due, Landlord may, at its option, pay the same, and any amount so paid by Landlord shall thereupon become due to Landlord from Tenant as Additional Rent. Landlord reserves the right to install flow meters on the water lines and charge Tenant accordingly for its use of water. In no event shall landlord be liable for an interruption or failure in the supply of any such utilities to the Premises, except in the event of Landlord's gross negligence or intentional acts or omissions. ARTICLES 4 USl ; OF PREMISES 4.1 Use. Tenant shall use the Premises solely for the purpose of conducting business in accordance with Paragraph 1.9 hereof. Tenant shall not use, permit or suffer the use of the Premises for any other business or purpose. In the event Tenant desires to use the demised premises for any other use not specifically permitted herein,'1'enant must first obtain Landlord's written approval. Landlord may arbitrarily and in its sole discretion, withhold consent to the same. 4.2 Intentionally Omitted. 4.3 Compliance With Laws and Regulations. Tenant shall, at Tenant's sole cost and expense, comply with all laws, statutes, ordinances, rules, and regulations (including orders concerning environmental protection) of all federal, state, county, municipal, and other applicable governmental authorities, now in force, or which may hereafter be in force, pertaining to Tenant or its use of the Premises (collectively the "Regulations "). 4.4 Rules and Regulations. (a)Tenant covenants to comply with the following: (1) No auction, fire, bankruptcy, going- out- of-business, relocation, or other distress sales may be conducted in the Premises. (2) Tenant will keep all mechanical apparatus free of vibration and noise that may be transmitted beyond the confines of the Premises that may unreasonably annoy or disturb any persons occupying adjacent premises. This covenant shall restrict Tenant from utilization of any advertising medium which can be heard or experienced outside of the Premises, including, without limiting the generality of the foregoing, flashing lights, search lights, loudspeakers, phonographs, radios, or televisions. No radio, television, or other communications antenna equipment or device is to be mounted, attached or secured to any part of the roof, exterior surface or anywhere outside the Premises. (3) Tenant will keep the Premises and the outside areas adjoining the Premises, free from all insects, rodents, vermin, and other pests, litter, dirt, and obstruction and shall not sell merchandise on sidewalks. (4) All store floor area of Tenant, including vestibules, outside docks, entrances and exits; doors, fixtures, storefront windows, storefront window areas and plate glass shall be maintained in a safe, neat, and clean condition and in accordance with all applicable fire and safety codes. (5) Tenant will not permit or suffer the Premises, or the walls or floors thereof, to be endangered by overloading. (6) Tractor - trailers are to be removed from the loading areas immediately after unloading 16G1 (7) All garbage and refuse shall be kept in the kind of containers designated by Landlord and shall be placed outside the Premises within said containers prepared for collection in such manner and at such times and places specified by Landlord. (b) Landlord reserves the right from time to time to suspend, amend or supplement the foregoing rules and regulations, and to adopt and promulgate additional reasonable rules and regulations applicable to the Premises, but only to the extent that such rules and regulations do not materially limit or interfere with Tenant's rights hereunder. Notice of such rules and regulations and amendments and supplements thereto, if any, shall be given to Tenant. (c) Tenant agrees to comply with all additional, amended and supplemental rules and regulations upon reasonable notice of the same from Landlord. 5.1- 5.3. Intentionally Omitted. ARTICLE 5 OPERATING COSTS ARhICLE 6 INSURANCE 6.1 Insurance Coveraee by Landlord. landlord shall maintain during the Lease Term (and the cost thereof shall be included in the Operating Costs), insurance for fire, flood, windstorm, vandalism and malicious mischief, insuring the improvements located on the Premises and all appurtenances thereto (excluding wall covering, floor covering and drapes). Landlord may also maintain at its sole cost and expense (i) rent or rent value insurance including an extended coverage endorsement with respect to the Premises in an amount equal to the annual Rent for the Premises; and (ii) such other insurances as Landlord deems reasonably necessary or desirable to protect the Premises against loss. Payments for losses under any such insurance policies shall be made solely to Landlord. Notwithstanding the foregoing, if any loss sustained by Landlord is caused by the negligence of Tenant, its agents, servants, employees, licenses, invitees, or guests, then Tenant shall be liable to Landlord for the amount of the deductible under Landlord's insurance. Further, landlord shall not be responsible for loss or damage to items for which Tenant is responsible, as is more fully set forth below. 6.2 Insurance Coverage by Tenant. "Fernant agrees to carry and keep in full force and effect: (A) bodily injury, public liability insurance on the Premises against the liability of Tenant and its authorized representatives arising out of or in connection with Tenant's use or occupancy of the Premises, with limits of coverage on of not less than One Million Dollars ($1,000,000.00) per accident and injury or death; (8) property damage insurance in an amount not less than One Million Dollars (51,000,000.00) for Tenant's personal property and fixtures; (C) workers compensation insurance in the maximum amount permitted under Florida law; (D) insurance against fire, flood and such other risks as are, from tune to time, included in standard extended coverage insurance, including insurance against sprinkler damage, vandalism and malicious tischief for Tenant's personal property and fixtures; (E) plate glass insurance covering all the plate glass of the Premises, in amounts satisfactory to landlord. The proceeds of such insurance, so long as this Lease remains in effect, shall be used to repair or replace the fixtures and equipment so insured, for the full replacement value (without provision for coinsurance) of all of Tenant's merchandise, trade fixtures, furnishings, wall coverings, carpeting, drapes, equipment and all other items of personal property of Tenant located on or within the Premises. The replacement of any plate glass damaged or broken from any cause whatsoever in and about the Premises shall be Tenant's responsibility. The public 16G1 liability insurance policy under (A) above, shall name Landlord, any person, firms, or corporations designated by Iandlord, as additional insured(s), and shall contain a clause that the insurer will not cancel or change the insurance without first giving Landlord ten (10) days prior written notice. Tenant shall provide Landlord, upon request, with copies of the policies or certificate evidencing that such insurances are in full force and effect and stating the terms thereof. The limits of such insurance shall not, under any circumstances, limit the liability of Tenant hereunder. In the event Tenant fails to procure, maintain and /or pay for the insurance required by this ],ease, at the times and for the durations specified in this Lease, Landlord shall have the right, but not the obligation, at am, time and from time to time, after fifteen (15) fifteen days written notice to "Tenant, to procure such insurance and /or pay for the premiums for such insurance, in which event 1'cnant shall repay Landlord immediately upon demand by Landlord as Additional Rent hereunder, all sums so paid by Landlord together with the interest at the Applicable Rate, together with any costs or expenses incurred by Landlord in connection therewith, without prejudice to any other rights and remedies of the Landlord under this Lease. Each policy evidencing the insurance to be carried by Tenant pursuant to this Lease shall contain a clause that such policy and the coverage evidenced thereby shall be primary with respect to any policies by Landlord and that any coverage carried by Landlord shall be excess insurance. 6.3 Waiver of Subrogation. Landlord and'Fenant waive, unless said waiver should invalidate any such insurance, their right to recover damages against each other for any reason whatsoever to the extent the damaged property owner recovers indemnity from its insurance carrier. 6.4 Tenant's Contractors Insurance. Tenant shall require any contractor of Tenant performing work on the Premises to carry and maintain, at no expense to Landlord: (a) Comprehensive general liability insurance, including contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement, and contractors protective liability coverage to afford protection, with limits for each occurrence, of not less than One Million Dollars ($1,000,000.00) with respect to property damage, unless higher amounts arc required by any applicable law; and (b) Workers' compensation or similar insurance form and amounts required by Florida and /or Federal law. 6.5 Increase in Fire Insurance Premium. Tenant agrees it will not keep, use, sell, or offer for sale in or upon the Premises, an article that may be prohibited by the standard form of fire and extended risk insurance policy. Tenant agrees to pay any increase in premiums for fire and extended coverage insurance that may be charged during the Lease Term on the amount of such insurance which may be carried by Landlord on the Premises or the building of which they are a part, resulting from the type of merchandise sold by Tcnant in the Premises, or resulting from Tenant's use of the Premises, whether or not Landlord has consented to the same. In determining whether increased premiums arc the result of Tenant's use of the premises, a schedule issued by the organization making the insurance rate on the Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make up the fire insurance rate on the Pretr ses. Tenant agrees to promptly make, at Tenant's sole cost, any repairs, alterations, changes and /or improvements to equipment in the Premises as to any condition created by the Tenant or existing after the date of this Lease required by the company issuing Landlord's fire insurance so as to avoid the cancellation of, or the increase in premiums on said insurance. 6 1661 ARTICLE 7 MAINTENANCE, REPAIR AND ALTERA'T'IONS 7.1 Maintenance Obligations. (a) Tenant agrees that, from and after the Commencement Date, and until the expiration of the Lease Term, Tenant will be responsible for all repairs, maintenance and replacements to all interior portions of the Premises under this lease and control of the CRA as shown in Exhibit A (or as amended), and those certain exterior portions of the Premises specifically identified herein as being the Tenant responsibility, including but not limited to, the interior and exterior portions of all doors, windows, and plate glass on the Premises; the mechanical, plumbing, heating and electrical equipment and systems servicing the Premises that arc located in, or on the Premises; partitions and all other fixtures, appliances, grease traps and facilities furnished by Tenant or Landlord. Notwithstanding anything to the contrary contained herein, Tenant shall not be responsible for repair, maintenance, or replacement of the structural components of the Premises, including exterior foundations, the roof and structural portions of the Premises, the mechanical and plumbing equipment and other systems servicing the Premises that are located adjacent to the Premises, or any other exterior portion of the Premises not specifically identified herein, except to the extent that Tenant's proportionate share of costs incurred by landlord to repair, maintain or replace any structural component or other such component of the Premises shall be chargeable to Tenant. Tenant shall not be responsible for repair of any damage caused by any act or gross negligence of Landlord, its employees or agents. Tenant shall be required to make structural repairs or alterations to the Premises that may be required by any Regulations. Landlord, without notice, may, but shall not be obligated to, perform T'enant's obligations and add the cost of such work to the next installment of Rent due hereunder. (b) Tenant will not install any equipment that exceeds the capacity, of the utility lines leading into the Premises or the building of which the Premises constitute a portion. (c) Tenant, its employees, or agents, shall not undertake any alterations which would require permitting or authorization from any governmental body or entity without Landlord's written consent. (d) Tenant shall give Landlord prompt written notice of any accident, fire or damage occurring on or to the Premises or to any defects therein or in any fixtures or equipment. (e) Neither Landlord nor Landlord's agents or servants shall be liable for any damages caused by, or growing out of any breakage, leakage, or defective condition of the electric wiring, air conditioning or heating pipes and equipment, closets, plumbing, appliances, sprinklers, other equipment, or other facilities, serving the Premises, except for the gross negligence or intentional acts or omissions of Landlord. Neither landlord nor Landlord's agents shall be liable for any damages caused by or growing out of any defect in the Premises or any part thereof for fire, rain, wind, or other cause, except for the gross negligence or intentional acts or omissions of Landlord. (f) All property belonging to Tenant shall be there at the risk of "I cnant or such other person only, and Landlord shall not be liable for damage thereto or theft or misappropriation thereof, except for the gross negligence or intentional acts or omissions of Landlord. (g) Intentionally Omitted. 7.2 Alterations by Tenant. "Tenant will not make any alterations, renovations, improvements or other installations in or to any part of the Premises (including, without limitation, any alterations of 16 G 1-14 rA the storefront, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus or equipment of any kind to any part of the Premises), unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant's expense, by an architect or other duly qualified person and shall have obtained Landlord's written approval thereof. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified or licensed persons or entities. All such work shall comply with an applicable local and state building, health and safety codes. 7.3 Preparation of Premises by Landlord. Intentionally Omitted. 7.4 Renovation and Change. If at any time the building of which the premises are part undergoes renovation and change, Tenant shall use its best efforts to facilitate the Landlord's and other Tenant's activities and work provided that it does not unreasonably interfere with Tenant's use of the Premises. If any lawful authority, law or code requires Landlord to install any fixture or service for the benefit of the premises occupied by Tenant, Landlord shall pay the cost for same. ARTICLE 8 FIXTURES, PERSONAL. PROPERTY AND SIGNS 8.1 Fixtures and Personal Property. Any trade fixtures, signs and other personal property of Tenant removed from the Premises by the Tenant at the end of the Tease Term shall remain the property of Tenant. All improvements to the Premises by Tenant not removed by Tenant at the end of the Lease Term, including, but not limited to, light fixtures, floor coverings and partitions, but excluding trade fixtures and signs, shall become the property of Landlord upon the expiration or earlier termination of this Lease. After removing any trade fixtures, signs and other improvements or personal property of Tenant from the Premises, Tenant shall restore the Premises to the same condition as existed at the Commencement Date, ordinary wear and tear excepted. 8.2 Sins. Tenant may erect a sign within the area designated by landlord, which sign shall be subject to the prior written approval of all applicable local government agencies, as required. Tenant will not place, without Landlord's prior written approval, or permit to be placed or maintained on any exterior door, wall or window of the Premises any sign, awning or canopy, or advertising matter or other thing of any kind, and will not place or maintain any decoration, letter or advertising matter on the glass of any window or door. Any such signs, awning, canopy, decoration, lettering, advertising matter or other thing as may be approved by Landlord, shall be maintained in good condition and repair at all times and shall conform to the criteria established from time to time by Landlord. As long as Tenant does not advertise any clothing or memorabilia on the frontage of the Premises, and is in accord with applicable regulations regarding same, Tenant is permitted to decorate as it deems fit. Notwithstanding anything herein to the contrary, Tenant agrees to indemnify and hold Landlord harmless from and against any and all fines, claims, losses, and expenses (including reasonable attorney fees and costs) that may arise as a result of t'enant's failure to comply with any and all governmental regulations pertaining to Tenant's signage. AR ICLFi, 9 ASSIGNING, MORTGAGING, SUBLU FTING, CHANGE IN OWNERSHIP 9.1 Consent Required. Tenant shall not sell, transfer, assign, sublet, enter into any license, management or concession agreements, change ownership, pledge, mortgage or hypothecate this Lease, or Tenant's interest in and to the Premises (hereafter referred to as a "Disposition ") without the prior written consent of Landlord which may be arbitrarily and unreasonably withheld. Any disposition without the Landlord's written consent shall be void and confer no rights upon any third person. Notwithstanding any provision of this Agreement, should Tenant wish to make a 16G1 'lmi Disposition hereunder, it shall provide financial documentation suitable to Landlord illustrating the creditworthiness and stability, of the prospective new Tenant (or owner of Tenant in the event the ownership of Tenant changes). Tenant shall provide Landlord with written notice of any intended Disposition. Nothing in this paragraph shall relieve or release Tenant and any Guarantor from its covenants and obligations for the Lease Term, including any option period. No interest in this Lease shall pass to any trustee or receiver in bankruptcy, to any estate of Tenant, to any assignee to Tenant for the benefit of creditors, or to any other party by operation of law or otherwise without Landlord's written consent. If this Lease is assigned, or if the Premises or any part thereof is sublet or occupied by any party other than Tenant, Landlord may collect rent from the assignee, tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, subletting, occupancy, or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, tenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of the covenants herein contained. This prohibition against a Disposition shall be construed to include a prohibition against any assignment or subleasing by operation of law, legal process, receivership, bankruptcy or otherwise, whether voluntary or involuntary and a prohibition against any encumbrance of all and any part of Tenant's leasehold interest in the Premises. 9.2 Change in Ownership Crhis Article Not Applicable to CRA as Tenant). Any sub - leases submitted by the CRA and approved by the Landlord, without limiting the foregoing, if sub - tenant is a corporation, an incorporated association or partnership, the transfer, assignment or hypothecation of any stock or interest in the corporation, association, or partnership in the aggregate of forty -nine percent (49`Yo) or less shall not be deemed a Disposition for purposes of this Lease. ARTICLE 10 QUIFF F ENJOYMENT 10.1 Landlord's Covenant. Provided Tenant timely pays Rent, Additional Rent and all other amounts required by this Lease, and observes and performs all the covenants, terms and conditions of this Lease, Tenant shall peaceably and quietly hold and enjoy the Premises for the Lease Term without interruption by Landlord or any person or persons claiming by, through or under Landlord, subject to the terms and conditions of this Lease. ARTICLE 11 DAMAGF. AND DhSTRUCTION 11.1 Damage to Premises. (a) If the demised Premises are, or any part thereof shall be damaged by fire or other casualty, Tenant shall give immediate notice thereof to Landlord and this Lease shall continue in full force and effect except as hereinafter set forth; (b) If the demised Premises are partially damaged or rendered partially unusable by fire or other casualty insured under the coverage obtained by the landlord, the damages thereto shall be repaired by and at the expense of the Landlord and the Tenant shall receive a pro -rata Rent abatement based on the portion of the Premises rendered partially unusable until such time as the Premises arc restored; (c) If the demised Premises are totally damaged or rendered wholly unusable by fire or other casualty, then the Rent shall be proportionally paid up to the time of the casualty and thenceforth shall cease until the date when the Premises shall have been repaired and restored. Landlord shall restore the Premises, provided that insurance proceeds are sufficient to rebuild the Premises. and Landlord is paid Rent from its business interruption insurance; or (d) If the demised Premises are rendered wholly unusable or, if the building he so damaged that the Landlord shall decide to demolish it or rebuild it, then, in such events, Landlord or Tenant tnay elect to terminate this Lease by written notice to the other given within 30 days of such fire or casualty specifying a date for the expiration of the Lease, which will not be more than 30 days after giving such notice, and upon the date specified in such notice the term of the Lease will expire fully and completely as if such date were the date set forth 16 G l 11 above for the termination of this Lease. In such event, Tenant will forthwith quit, surrender and vacate the Premises without prejudice however to Landlord's rights and remedies against Tenant under the Lease provisions in effect prior to such termination, and any Rent owing will be paid up to such date, and any payment of Rent made by Tenant which were on account of any period subsequent to such date will be returned to Tenant. Unless Landlord will serve a termination notice as provided for herein, Landlord will make the repairs and restorations under the conditions of (b) and (c) hereof, with all reasonable expedition, subject to delays due to adjustment of insurance claims, labor troubles, and causes beyond Landlord's control. After any such casualty, Tenant will cooperate with Landlord's restoration by removing from the Premises as promptly as possible, all of T'enant's salvageable inventory and moveable equipment, furniture and other property. Nothing contained hereinabove will relieve Tenant from any liability, that may exist as a result of damage from fire or other casualty. Tenant acknowledges that Landlord will not carry insurance on Tenant's inventory and /or furnishings or any fixtures or equipment, improvements, or appurtenances removable by the Tenant, and agrees the Landlord will not be obliged to repair any damage thereto or replace the same, except in the event of gross negligence or intentional acts or omissions of Landlord. Except as expressly provided herein to the contrary, this Lease shall not terminate nor shall there be any abatement of Rent or other charges or items of Additional Rent as a result of a fire or other casualty which is the fault of, or caused by the Tenant. Except as provided for in this Lease, the Tenant does not have the right to cancel or terminate this Lease. ARTICLE 12 EMINENT DOMAIN 12.1 Condemnation. In the event that any portion of the Premises shall be appropriated or taken under the power of eminent domain by any public or quasi - public authority, this Lease shall terminate and expire as of the date of such taking, and both Landlord and'I'cnant shall thereupon be released from anv further liability, and Tenant shall have no claim against Landlord for the value of any unexpired Lease Term. In the event more than ten percent (10 " /0) of the gross square footage of floor area of the Premises is taken under the power of eminent domain by any public or quasi -public authority, or if by reason of any appropriation or taking, regardless of the amount so taken, the remainder of the Premises is not usable for the purposes for which the Premises were leased, then the Landlord shall have the right to terminate this Lease as of the date Tenant is required to vacate, upon giving notice in writing of such election within sixty (60) days after the date of such taking. In the event of such termination, both Landlord and Tenant shall thereupon be released from any further liability to each other. Landlord affirmatively represents that, as of the Commencement Date, it has received no notification that the Premises is to be appropriated or taken under the power of eminent domain. 12.2 Damages. Whether or not this Lease is terminated, Landlord shall be entitled to the entire award or compensation ( "Award ") in any condemnation proceedings, but nothing herein shall be deemed to affect Tenant's right to pursue from the condemning authority, but not from Landlord, above, compensation for the value of Tenant's interest in the Lease and the improvements constructed by Tenant on the Premises, including all items of Rent, Additional Rent, Security Deposit, and other charges for the last month of Tenant's occupancy, and Landlord agrees to refund to Tenant any Rent, Additional Rent or other charges paid in advance. 12.3 Restoration. If this Lease is not terminated, "I'cnant shall remain in that portion of the Premises which shall not have been appropriated or taken, and Landlord agrees, to the extent of the proceeds of the Award, as soon as reasonably possible, to restore the remaining portion of the Premises to a similar quality and character as existed prior to such appropriation or taking. 10 16GI Thereafter, Rent shall be adjusted on an equitable basis, taking into account the relative value of the portion taken as compared to the portion remaining. For the purpose of this Article, a voluntary sale or conveyance in lieu of condemnation, but under threat of condemnation, shall be deemed an appropriation or taking under the power of eminent domain. ARTICLE 13 LIENS 13.1 Liens. Tenant hereby acknowledges that the interest of landlord in the Premises shall not be subject to liens for improvements made by Tenant. In confirmation of the foregoing, nothing contained in this Lease shall be construed as consent on the part of Landlord to subject the estate of Landlord to such liability. Tenant shall strictly comply with the construction lien laws of the State of Florida. In the event that a claim of lien is filed against the property in connection with any work performed by or on behalf of Tenant, 'Tenant shall satisfy such claim, or shall transfer the same to security, within fifteen (15) days from the date of written notification from Landlord of the filing of a claim of lien. In the event that Tenant fails to satisfy or transfer such claim within said ten (10) day period, Landlord may do so and thereafter charge Tenant, as Additional Rent, all costs incurred by Landlord in connection with satisfaction or transfer of such claim, including all its attorneys' fees. Further, Tenant agrees to indemnify, defend and hold landlord harmless from and against any damage or loss incurred by Landlord as a result of any such claims of lien. If so requested by Landlord, Tenant shall execute a short form or memorandum of this Lease, which may, in Landlord's discretion be recorded in the Public Records for the purpose of protecting Landlord's estate from claims of lien, as provided in Florida Statutes. This paragraph shall survive the expiration of the Lease Term or the earlier termination of this Lease. A RTTCLF. 14 DEFAULT 14.1 Events of Default. The occurrence of anyone or more of the following events shall constitute an "Event of Default" and breach of this Lease by 'Tenant: (a) If Tenant fails to pay, on or before ten (10) days after the date due, Rent, Additional Rent or any other charge required to be paid by Tenant under this Lease; or, (b) If Tenant fails to promptly and fully perform any other covenant, condition, rule, regulation or agreement contained in this lease, or perform within the time periods set forth in this Lease, and such failure continues for fifteen (15) days; or (c) If a writ of attachment or execution is levied on this Lease or on any of Tenant's property located within the Premises; or (d) If Tenant makes a general assignment for the benefit of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors, or is generally insolvent or unable to pay its obligations as they come due; or (e) (Phis Article Not Applicable to CRA as Tenant. Any sub - leases submitted by the CRA and approved by the Landlord, if Tenant files a voluntary petition for relief, or if a petition against Tenant under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within ninety (90) days thereafter, or if Tenant is adjudged a bankrupt; or (1) If, in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises, or Tenant's property (or has the authority to do so) for the purpose of enforcing alien against the Premises or against Tenant's property; or 16 G 1,.` q (g) If Landlord discovers that any financial statement delivered to Landlord by Tenant is materially false; or (h) In the event Tcnant, before the expiration of said Tease "Perm, and without the written consent of landlord, vacates said premises or abandons the possession thereof, or uses the same for purposes other than the purposes for which the same are hereby leased, or ceases to use the Premises for the purposes herein expressed. 14.2 Landlord's Remedies. if any Event of Default occurs, then, Landlord shall have the following options, without further notice or demand of any kind: (a) Option 1. Sue for Rents as they become due; or (b) Option 2. (1) Terminate this Lease; (2) Resume possession of the Premises for its own account; and (3) Recover immediately from Tenant damages for Tenant's default in an amount equal to the difference between the Rent and fair rental value of the Premises for the remainder of the Lease Term, together with all other charges, rental payments, costs and expenses herein agreed to be paid by Tenant. Notwithstanding the foregoing, Landlord shall have a duty to take all reasonable steps to mitigate its damage; or (c) Option 3. (1) Resume possession; (2) re -lease or re -rent the Premises for the remainder of the Lease Term for the account ofl'enant; (3) Recover from Tenant at the time each payment of Rent becomes due under this Lease, the difference between the rent for which provision is made in this Lease, and the rent received on the re- leasing or re- rental, and the cost of all repairs or renovations reasonably necessary in connection with the re- leasing or re- rental. Landlord is authorized to make any repairs to the Premises and /or to subdivide or restructure the Premises as Landlord sees fit "'tenancy Repairs and Modifications ". Further, Landlord is authorized to enter into new leases in which the lease term or other terms and conditions are different from this Lease ("Lease Modification "). Concerning any'i'enancy Repairs and Modifications and any Lease Modifications, Tenant agrees that such Tenancy Repairs and Modifications and Lease Modifications are being performed for the purpose of re- letting and mitigating'Fenant's damages, and, as such are done for the benefit of the Tenant and are valid costs of re- letting; and (4) Recover from Tenant immediately any other damages occasioned by or resulting from the abandonment or a breach or default, other than a default in the payment of Rent; or (d) Option 4. Pursue all remedies provided under Florida Law, including, but not limited to remedies provided in Chapter 83, Florida Statutes. Notwithstanding the foregoing, with respect to re- leasing or re- renting the Premises, Landlord and Tenant agree that Landlord shall only be required to use the same efforts Landlord then uses to lease other properties Landlord owns or manages; provided, however, that Landlord shall not be required to give any preference or priority to the showing or leasing of the Premises over any other space that Landlord may be leasing and may place a suitable prospective Tenant in any such available space, regardless of when such alternative space becomes available; provided, further, that Landlord shall not be required to observe any instruction given by Tenant about such re- letting or accept any Tenant unless such offered Tenant has a credit worthiness acceptable to Landlord, leases the entire Premises, agrees to use the Premises in a manner consistent with the Lease, and leases the Premises at the same or greater rent, for no more than the current Lease Term, on the same terms and conditions of this Lease, and does not require an expenditure by Landlord for Tenant improvements or broker's commissions. 12 16G1 14.3 Remedies Non - Cumulative. The remedies given to Landlord in this Article shall be in addition and supplemental to all other rights of remedies which Landlord may have under law or in equity, or as specified elsewhere in this lease agreement. 14.4 Non - Waiver. The failure by Landlord to strictly enforce or declare a breach of any term, covenant or condition of this Lease shall not be deemed to be a waiver of that or any subsequent breach of the same or any other term, covenant or condition. 'the subsequent acceptance of Rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such rent. Acceptance of a portion of the Rent shall not be deemed a waiver of the Landlord's right to immediately enforce this Lease to the extent of any outstanding Rents or other breaches. No covenants, term or condition of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlord. 14.5 Rent payments Under Default. In the event of a default of any payment due under this Lease, Landlord may in Landlord's notice to Tenant of such default, require that "Tenant's payment to cure the default be in cash, cashier's check, and /or certified check. Landlord and "Tenant agree that should Landlord so elect to require payment by cash, cashiers check or certified check, a tender of money to cure the default, which is not in the form requested by Landlord, shall be deemed a failure to cure the default. Nothing contained in this paragraph shall in any way diminish or be construed as waiving any of Landlord's other remedies as provided elsewhere in this Lease, or by law or in equity. 14.6 Expenses of Enforcement. In the event any payment due Landlord under this Lease shall not be paid on the due date, said payment shall bear interest at the Applicable Rate from the due date until paid, but the payment of such interest shall not excuse or cure any default by Tenant under this Lease. In the event that it shall be necessary for landlord to give more than one (1) written notice to Tenant of any violation of this Lease, landlord shall be entitled to make an adrainistrativc charge to "I'enant ot$150.00 for each such notice. ARTICLE 15 SECURITY DEPOSIT 15.1 Security Deposit. Tenant, concurrently with the execution of this Lease, has deposited with Landlord the sum of $3,450 Three Thousand Four Hundred Dollars (the "Security Deposit "), the receipt of which is hereby acknowledged by Landlord, which sum shall be retained by landlord as security for the payment by Tenant of the rents and all other payments herein agreed to be paid by Tenant and for the faithful performance by Tenant of the terms, provisions, covenants and conditions for this Lease. it is agreed (i) that Landlord may, at any time during the continuance of any Event of Default by Tenant under any of the terms, provisions, covenants or conditions of this Lease, apply said Security Deposit or any part thereof towards the payment of the rents and all other sums payable by "Tenant under this Lease, and toward the performance of each and every one of Tenant's covenants under this Lease, but such covenants and Tenant's liability under this Lease shall thereby be discharged only pro tanto; (ii) that Tenant shall remain liable for any amounts that the Security Deposit shall be insufficient to pay; (iii) that Landlord may exhaust any or all rights and remedies against Tenant before resorting to said Security Deposit, but nothing herein contained shall require or be deemed to require Landlord to do so; and (iv) that, upon application of all or part of said Security Deposit by Landlord, Tenant shall be obligated to promptly deposit with Landlord the amount necessary to restore the Security Deposit to the amount held by Landlord immediately prior to such advance by Landlord. In the event the Security Deposit shall not be utilized for such purposes, then said Security Deposit shall, after the payment in full of all sums due Landlord hereunder, be returned by Landlord to "Tenant within sixty (60) days next after the expiration of the Term of this Lease. Notwithstanding the foregoing, in the event of the sale or transfer of Landlord's 13 16G1 interest in the Premises, landlord shall have the right to transfer the Security Deposit to the purchaser or transferee, in which event Tenant shall look only to the new landlord for the return of the Security Deposit and Landlord shall be released from all liability to Tenant for the return of such Security Deposit. ARTICLE_ 16 SUBORDINATION, NON - DISTURBANCE: AND ATTORNMENE 16.1 Subordination by Tenant. Tenant hereby subordinates its rights hereunder to the lien of any mortgage or mortgages, or the lien resulting from any other method of financing or refinancing, now or hereafter in force against the Premises, and to all advances made or hereafter to be made upon the security thereof. This shall be self - operative and no further instrument of subordination shall be required by any mortgagee. However, Tenant, upon request of any party in interest, shall execute promptly such instrument or certificates. 16.2 Estoppel Certificate. Within ten (10) days after request by Landlord, or in the event that, in connection with any sale, assignment or hypothecation of the Premises and /or the land thereunder by Landlord, an estoppel certificate shall be required from Tenant, Tenant agrees to deliver, in recordable form, an estoppel certificate to any proposed mortgagee or purchaser or to Landlord certifying (if such be the case) that this Lease is in full force and effect and that there are no defenses or offsets thereon, or stating those claimed by Tenant. 16.3 Attornment. In the event of a sale or assignment of Landlord's interest in the Premises, or if the Premises comes into the hands of a mortgagee, or any other person, whether because of a mortgage foreclosure, exercise of a power of sale or other reasons, Tenant shall recognize said mortgagee or other person as the same as Landlord hereunder. Tenant shall execute, at Landlord's request, any attornment agreement required by any mortgagee, or other such person containing such provisions as such mortgagee or other person requires. 16.4 Non - disturbance by Landlord. The Landlord shall obtain for the benefit of the Tenant, a non - disturbance agreement from any mortgagee, which agreement shall be on such mortgagee's standard form and shall provide that, in the event of a foreclosure or deed in lieu thereof, the tenancy of the Tenant shall not be disturbed. ARTICLE 17 LIABILITY, INDEMNITY AND "AS -IS" PRIiMISES 17.1 Limitations of Landlord's Liability: Indemnity. Landlord shall not be liable or in any way responsible to Tenant or any other person for any loss, injury or damage suffered by Tenant or others in respect of (a) property of Tenant or others that is stolen or damaged, (b) injury or damage to persons or property resulting from fire, explosion, falling plaster, escaping liquid or gas, electricity, water, rain or leaks from any part of the Premises, or from any pipes, appliances or plumbing work therein, or from dampness, (c) damage caused by other occupants or persons in the Premises, or the public, or caused by operations in the construction of any private or public work, (d) loss or damage, however caused, other than loss or damage directly caused by fault (i.e., gross negligence, act or omission) of Landlord, and which is not otherwise excluded by the provisions of this paragraph. Tenant shall look solely to the estate and property of Landlord in the land and building comprising the Premises for the collection of any judgment, or in connection with any other judicial process requiring the payment of money by Landlord, in the event of any default or breach by Landlord, under this Lease, and no other property or estates of Landlord shall be subject to levy, execution or other enforcement procedures for the satisfaction of Tenant's remedies and rights under this Lease. 14 16G1 17.2 Tenant's Indemnity of landlord. Tenant shall indemnify and hold harmless Landlord against any and all damages or expenses arising out of or in connection with any accident or other occurrence on or about the Premises, and from all costs, liabilities, claims, charges, injuries, damages or expenses, including, without limitation, attorneys' or other professionals' fees and court costs, due to, arising out of, or in connection with loss of life, personal injury, damage to property, or any work done by, or act or omission of Tenant or its officers, partners, agents, servants, employees, customers, contractors, invitees, concessionaires or licensees, in and about the Premises, or due to, arising out of, or in connection with 'T'enant's use or occupancy of the Premises, except in the event of gross negligence, act( s) or omission( s) of Landlord, its officers, directors, shareholders, managers, employees, customers, guests and /or invitees. In case Landlord shall be made a party to any litigation against Tenant and except in the event of negligence, act(s) or omission(s) of Landlord, its officers, directors, shareholders, managers, employees, customers, guests and /or invitees, then 'Tenant shall protect and hold Landlord harmless, and pay all costs and attorneys' fees incurred by Landlord in connection with such litigation, and any appeals thereof. ARTICLE 18 W ASTE, ENVIRONMFN'TAL, GOVERNMENTAL. REGULATIONS 18.1 Waste or Nuisance. Tenant shall not commit, or suffer to be committed, any waste upon the Premises, or which may adversely affect Landlord's interest in the Premises. 18.2 Environmental Provisions. Tenant agrees to comply strictly and in all respects with the requirements of any and all federal, state and local statutes, rules and regulations now, or hereinafter existing, relating to the discharge, spillage, storage, uncontrolled loss, seepage, filtration, disposal, removal, or use of hazardous materials, including but not limited to the Comprehensive Environmental Response, Comprehensive and Liability Act of 1980, the Superfund Amendments and Reauthorization Act, the Resource Conversation and Recovery Act, the Hazardous Materials Transportation Act and the Florida Hazardous Substances Law (collectively the "Hazardous Waste Law ") and with all similar applicable laws and regulations. Tenant shall notify Landlord promptly in the event of any discharge, spillage, uncontrolled loss, seepage or filtration of any hazardous materials (a "Spill") or the presence of any substance or material presently or hereafter identified to be toxic or hazardous according to any Hazardous Waste Law, including without limitation, any asbestos, PCBs, radioactive substance, methane, volatile Hydrocarbons, acids, pesticides, paints, petroleum based products, lead, cyanide, DDT, printing inks, industrial solvents or any other material or substance which has in the past, or could presently or at any time in the future cause or constitute a health, safety or other environmental hazard to any person or property (collectively "Flazardous Materials ") upon the Premises. Tenant shall promptly forward to Landlord copies of all orders, notices, permits, applications or other communications and reports, in connection with any such Spill or Hazardous Materials. "Tenant shall not handle, use, generate, manufacture, store or dispose of Hazardous Materials in, upon, under or about the Premises. Tenant shall indemnify Landlord and hold Landlord harmless from and against all loss, penalty, liability, damage and expense suffered or incurred by Landlord related to or arising out of the presence of Hazardous Materials on the Premises, where such loss, penalty, liability, damage, and /or expense resulted from a condition created or caused by the actions of Tenan , its officers, directors, shareholders, managers, employees, customers, guests and /or invitees upon the Premises. Such loss, damage, penalty, liability, damage and expense shall include, but not be limited to (1) court costs, attorney's fees and expenses, and disbursements through and including any appellate proceedings; (2) all foreseeable and unforeseeable consequential damages, directly or indirectly, arising out of the use, generation, storage or disposal of Hazardous Materials by Tenant (3) the cost of any required or necessary repair, clean -up or detoxification of the Premises; and (4) The costs of preparation of any closure or other plans required under the Flazardous Waste Law, necessary to sell or lease the Premises. 15 16 G 1 ARTICLE 19 MISC ELIAN EOUS 19.1 First -Class Operation. Tenant covenants and agrees that at all times the business to be conducted at, through and from the Premises, and the kind and quality of services to be offered in the conduct thereof, will be first -class in every respect. 19.2 Accord and Satisfaction. landlord is entitled to accept, receive and cash or deposit any payment made by Tenant for any reason or purpose and apply such payment, at Landlord's option, to any obligation of Tenant any such payment shall not constitute payment of any amount owed except that to which Landlord has applied it. No endorsement or statement on any check or letter of Tenant shall be deemed an accord and satisfaction or otherwise recognized for any purpose whatsoever. The acceptance of any such check or payment shall be without prejudice to Landlord's right to recover any and all amounts owed by Tenant and landlord's right to pursue any other available remedy. 19.3 Attorneys' Fees. In any litigation arising out of this Lease, the prevailing party shall be entitled to recover from the non- prevaihng party, reasonable attorney's fees, costs, and expenses of such suit and any appeal thereof, including any reasonable attorneys' and paraprofessional fees and costs, through and including all trial and appellate levels and post- judgment proceedings. 19.4 Entire Agreement. It is understood and agreed by Tenant that Landlord and Landlord's agents have made no representations or promises with respect to the Premises or this Lease, except as expressly set forth in this Lease, and that no claim or liability or cause for termination shall be asserted by Tenant against Landlord for, and landlord shall not be liable by reason of, the breach of any representations or promises not expressly stated in this lease. This Lease supersedes all prior agreements, written or verbal, with respect to the Premises, including, without limitation, any letter of intent. 19.5 Interpretation. The parties agree that it is their intention to create only the relationship of Landlord and Tenant and no provision hereof or act of either party shall be construed as creating the relationship of principal and agent, or a partnership, joint venture or enterprise between the parties. Each of the parties has participated jointly in the negotiation and drafting of this Lease. In the event an ambiguity or question of intent or interpretation arises, this Lease shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Lease. 19.6 Force Majeure. If either party shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor trouble, inability to procure material, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under this Lease, the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Notwithstanding the foregoing, the provisions of this paragraph shall at no time operate to excuse Tenant from any obligations for payment of Rent, Additional Rent, or any other payments required by the terms of this Lease when due, and all such amounts shall be paid when due; 19.7 Notices. All notices from Tenant to Landlord required or permitted by any provision of the Lease shall be directed to Landlord by certified mail postage prepaid, hand delivery or by Federal Express or other nationally recognized overnight courier service at the address set forth in Paragraph 1.3 hereof, or at such other address as Landlord may designate by written notice. All 16 notices from Landlord to Tenant required or permitted shall be directed to Tenant by certified mail postage prepaid, hand delivery or by Federal Express or other nationally recognized overnight courier service at the address set forth in Paragraph 1.5 hereof, or at such other address as Tenant may designate by written notice; or by posting on, or delivery to the demised Premises. Notice given as described above shall be sufficient service and shall be deemed given as of the date received as evidenced by the return receipt of the registered or certified mail or the refusal of acceptance of such notice, or after one (1) business day if any hand delivery or overnight courier service. 19.8 Captions and Section Numbers. This Lease shall be construed without reference to titles of articles and paragraphs, which are inserted only for the convenience of reference. 19.9 Number and Gender. The use herein of a singular term shall include the plural and use of the masculine, feminine or neuter genders shall include all others. 19.10 Broker's Commission. Tenant represents and warrants that it has caused or incurred no claims for brokerage commissions or finders' fees in connection with the execution of this Lease, and Tenant shall indemnify and hold Landlord harmless against and from all liabilities arising from any such claims incurred by Tenant (including, without limitation, the cost of attorneys' fees in connection therewith). 19.11 Partial Invalidity. if any provision of this Lease or the application thereof to any person or circumstance shall be invalid or unenforceable, the remainder of this lease shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 19.12 Recording. Landlord or'£enant may not record this Lease; except as required by Florida Sunshine Laws, and as certified by the Collier County Clerk of Courts for the CRA, this document will become a public record. 19.13 Governing Law. Phis Lease shall be governed exclusively by the provisions hereof and by the laws of the State of Florida. Venue for any action arising out of this Lease to enforce or interpret its terms or conditions shall be in Collier County, Florida. 19.14 Provisions Binding. Except as otherwise expressly provided, the terms of this lease shall be binding upon and shall inure to the benefit of the successors, legal representations and assigns, respectively, of landlord and Tenant. Each term and each provision of this Lease to be performed by Tenant shall be construed to be both a covenant and a condition. The reference contained to successors and assigns of Tenant is not intended to constitute consent to assignment by Tenant which is controlled by the provisions of Paragraph 9.1. 19.15 Corporate Tenant (This Article Not Applicable to CRA as Tenant). Any sub - leases submitted by the CRA and approved by the Landlord, the parties executing this Lease or any other documents related to this Lease on behalf of sub - tenant, hereby covenant and warrant that sub- tenant is a duly qualified business entity in good standing, and all steps have been taken prior to execution to qualify sub- tenant to do business in Florida; that the undersigned is authorized to execute this sub -lease on sub- tenants behalf; all franchise and corporate taxes (if any) have been paid to date; and all future forms, reports, fees and other documents necessary to comply with applicable laws will be filed when due. 19.16 Amendments or Modifications. No amendment or modification of this Lease or any consents or permissions of Landlord required under this Lease, shall be valid or binding unless reduced to writing and executed by the party against whom enforcement is sought. 17 1661 19.17 Easements. Landlord reserves the right to grant any easements on, over, under and above the property on which the Premises is located for such purposes as Landlord determines in its sole discretion, provided that such easement will not materially adversely interfere with Tenant's business. 19.18 Right of Entrv. Landlord and Landlord's agents shall have the right to enter the Premises at all reasonable times (except in the event of an emergency in which case Landlord may enter at any time and without notice) and to show them to prospective purchasers or lessees of the Premises, and to make such repairs, maintenance, servicing, alterations, improvements or additions as Landlord may deem necessary or desirable. Nothing herein contained, however, shall be deemed and construed to impose upon Landlord any obligations, responsibility or liability whatsoever, for the care, maintenance, or repair of the building, or any part thereof, except as otherwise herein specifically provided. 19.19 Joint and Several Liability. If two or more individuals, corporations, partnerships or other business associations, or any combination thereof shall sign this ],ease as Tenant or as Guarantors, the liability of each such individual, corporation, partnership or other business association to pay rent and perform all other obligations under this Lease shall be deemed to be joint and several, and all notices, payments, and agreements given or made by, with or to anvone of such individuals, corporations, partnerships or other business associations shall be deemed to have been given or made by, with, or to all of them. 19.20 No Discrimination. Tenant will not discriminate in the conduct and operation of its business in the Premises against any person or group of persons, including, but not limited to, reasons of the race, handicap, creed, sexual orientation, color, sex national origin or ancestry. 19.21 Time of Essence. Time is of the essence with respect to the performance of every provision of this Tease. 19.22 WAIVER OF A JURY TRIAL. EXCEPT AS PROHIDFFED BY LAW, LANDLORD AND TENANT HEREBY KNOWTNGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT" I'O A TRIAL, BY JURY ]N RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR TN CONNECTION WITH THE ]_,EASE, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, S'1'A'FFMFN'L'S (WHETHER VERBAL OR WRITIF,N) OR ACTION OF LANDLORD, TENANT OR ANY GUARANTOR. THIS WAIVER IS A MATERIAL INDUCF.MENT FOR LANDLORD TO ENTER INTO THIS LEASE. FURTHERMORE, NEITHER LANDLORD NOR TENANT SHALL SEEK TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL, HAS BEEN WAIVED WITH ANY LITIGATION IN WHICH A JURY TRIAL CANNOT BE WAIVED. 19.23 Parking. Intentionally Omitted. 19.24 Radon Gas. Radon is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quanfities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal state guidelines have been found in buildings in Florida. 19.25 Legal Representation. Intentionally Omitted. 19.26 19.26 Exclusivity. Intentionally Omitted. 18 16G1 IN WITNESS WHEREOF, Landlord and Tenant have signed this lease as of the date set forth above: LANDLORD: PALMYRA CLUB INVESTORS, LLC A Flor}da n ted liability company By: 14 Date: `1Tnh Sreffsn_ ��A.tSaver of (as to Landlord): Signature of Witness AS TO TENANT: ATTEST: DWIGHT E.' 16CK` By: De _ ty Clerk Attw as ApprdVcWIA"o id legal sufficiency: o]p ,G i U Marjori tudent- Stirling Assistant County Attorney Printed Name of Witness bd L) , e( L - �1dcSffh Printed Name of Witness COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA,, By:i� -a�C. DONNA FIALA, CHAIRMAN 19 Item # u-C-21 Agenda 1)ate Gate Recd 4069 Bayshore Drive EXHIBT A The Premises ■ ■ d • V ■ E • U o ■ ■ O ■ u . ■ c CL O • ■ U ■ � C ■ ■ ■ @Manassas s T� ` i 19 1 20 V ■ ■ ■ I 0 I6GI s� �i �i y'y �r 'Fi S. Yr S ■ d ■ V ■ o• ■ ■ ■ ■ u ■ @Manassas s T� ` i 19 1 20 V ■ ■ ■ I 0 I6GI s� �i �i y'y �r 'Fi S. Yr S aC E ■ O . CL ■ 8 � C ■ 0- ■ ■ c0 ■ ■ ~ °> 0 ■ ■ ■ L 3S ■ ^ �a o ■ N0 ■ ■ ■ @Manassas s T� ` i 19 1 20 V ■ ■ ■ I 0 I6GI s� �i �i y'y �r 'Fi S. Yr S 16G1 EXHIBIT B MEMORANDUM OF UNDERSTANDING Non- Exclusive Use by Bayshore Cultural Arts, Inc., of a portion of 4069 Bayshore Drive, Naples, Florida This Memorandum of Understanding is made and entered into this I" day of July 2008, between the Collier County Community Redevelopment Agency, doing business as Bayshore Gateway Triangle CRA, hereinafter the "Primary Tenant," and the Bayshore Cultural Arts, Inc., a Florida Non -Profit Corporation, hereinafter the "Subtenant." I. Owner of the Property ( "Landlord "). Palmyra Club Investors, LLC, is the fee owner of 4069 Bayshore Drive, Naples, Florida, 34112, further described in Exhibit A of the original lease ( "Property "). 2. Primary Lease. Primary Tenant and the Landlord have entered into a Lease Agreement to Lease the Property and, pursuant to Paragraph 1.8 of the Lease Agreement; have agreed to the 24 month lease term to June 30, 2010. 3. Non - Exclusive Use of the Property. Primary Tenant agrees to the Subtenant's non- exclusive use of that portion of 4069 Bayshore Drive, generally depicted in the attached Exhibit "A," ( "Subleased Property ") and Primary Tenant has obtained the written consent of the Landlord pursuant to Paragraph 9.1 of the Lease Agreement. Primary Tenant will allow Subtenant's employees, guests and invitees to enter upon and use the Subleased Property for the uses noted below and subject to the following conditions. 4. Term. The term of this Memorandum of Understanding shall be concurrent with the Primary Lease, as amended and as may be further renewed. 5. No Changes to Property y Subtenant. Subtenant shall make no alterations, additions and improvements to the Property except to the extent, if any, authorized by Primary Tenant in writing and permitted by the Primary Lease. 6. Liens. Subtenant shall not cause or allow any Lis Pendens or any liens to be filed against the Property, and if filed arising out of any act or omission by Subtenant at the property, Subtenant shall secure the lien's release. 7. Security to Property. Primary Tenant is under no obligation to provide additional security to the Property by virtue of this Memorandum of Understanding. 8. Utilities. Primary Tenant shall pay for all utilities with respect to the Property and pursuant to the Primary Lease. Subtenant shall have access to potable water, restroom facilities, and electricity during its use of the Property. The Subtenant shall, at its expense, provide its own dedicated telephone, facsimile and Internet connections within the Subleased Property and pay all associated costs for labor and materials. 21 16G1 9. Signs. Subtenant will not post any sign, card or placard on the Property except as approved in writing by the Primary Tenant and Landlord, and in no instance shall said approval exceed that permitted pursuant to the Primary Lease. 10. Waste to the Property. Subtenant shall not commit waste, nor suffer any waste to the Property. Subtenant shall be responsible for any damage caused by its guests and clients. 11. Indemnification from Subtenant to Primary Tenant. Subtenant shall save and hold harmless and indemnify Primary Tenant from and against any and all liabilities, losses, damages, costs, expenses, causes of action, suits, penalties, claims, demands, and judgments, attorneys' fees, witness fees, and other expenses of defense (through all appeals and /or remands), alleged to arise out of intentional torts and /or negligent acts, errors or omissions of Primary Tenant's employees, guests and /or invitees, and notwithstanding all insurance coverages whatsoever throughout the entire term of this Memorandum of Understanding including all term extensions, if any. 12. Insurance. Subtenant shall maintain a liability insurance policy which is acceptable to Landlord and lists the Primary Tenant as an additional insured. 13. Subtenant Uses. Subtenant shall be allowed to use the Subleased Property for office space and routine meetings. Subtenant's use of the Property's main conference room shall be controlled by the Primary Tenant. 14. Revisions to this Memorandum of Understanding. This Memorandum of Understanding may be revised as necessary by mutual consent of both parties and the Landlord by written amendment or a revised Memorandum of Understanding. 15. Termination. Either the Primary Tenant or the Subtenant may terminate this Memorandum of Understanding by providing thirty (30) days' written notice to the other party; otherwise this Memorandum of Understanding will remain in force, subject to the duration of the Primary Lease. IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed by their appropriate officials, as of the date first above written. ATTEST: DWIGHT E.BROq, K By: ut Clerk AttW uu Sc q s Apprbw"a-s`tts7 orm and legal sufficiency: Marj e Student- Stirlin Assistant County Attorney COMMUNITY REDEVELOPMENT AGENCY OF COLLIER BOUNTY, FLORIDA By. DONNA FIALA, CHAIRMAN 22 16G1 AS TO BAYSHORE CULTURAL ARTS, INC. Signed, sealed andWivered in the presence of: By. Si nature of Witness a o 1a 1e ro Printed Name: Ja��R Y a tii b y Print Name Title: (e 5 13 e v. N- of Name of Witness STATE. OF FLORIDA COUNTY OF COLLIER _ The foregoing instrument was acknowledged before me this i3� day of �VI6 , 2008, by 6, RuUt()J1, as _� �_ RJr.� of Bayshore Cultural Arts, Inc., who is personally known to me or has produced as identification. NOTARY PUBLIC -STATE OF FLORIDA " Shirley M. Garcia Commission #DD501305 Expires: DEC. 21, 2009 BONDED THRU ATLANrIC BONDING CO., INC. J4��7 6M6 Notary ublicc Print Name: Si4 i i2jeq 6 My Commission Expires: AS TO LANDLORD: PALMYRA CLUB INVESTORS, LLC. A Florida limited liability company Approval o 1,'0 v re Gateway Triangle CRA BY: 1 /" " i( John Steffan, pager WITNESSI ,5 (as to to sublease space within Exhibit "A" lease space: Date: / �/ 2 " f Printed Name of Witness )CCui 6/ L -hc /(s5 vi, Signature of Witness f Printed Name of Witness 23 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 G 5 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 muting 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 thrnueh rmalnv lime it thrnim.h ea — lot, th„ .,..n .,. I:,___ 1. , Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. June 24, 2008 Agenda Item Number 16435 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution 4. Colleen Greene County Attorney Number of Original 4 5. Sue Filson, Executive Manager Board of County Commissioners contracts, agreements, etc. that have been fully executed by all patties except the BCC 6. Minutes and Records Clerk of Court's Office Chairman and Clerk to the Board and possibly State Officials.) 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 alter the BCC has acted to approve the item.) Name of Primary Staff Debbie Brueggeman Phone Number 642 -7878 Ext. 34 Contact appropriate. (Initial) Applicable) Agenda Date Item was June 24, 2008 Agenda Item Number 16435 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original 4 Attached ��(, 7 contracts, agreements, etc. that have been fully executed by all patties except the BCC Documents Attached INSTRUCTIONS & CHF.CKLICT 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) I. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all patties 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 j time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 6/24/08 (enter date) and all changes made during the meeting have been incorporated in the attached document. The WL 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 1665 MEMORANDUM Date: July 1, 2008 To: Debra Brueggeman, Executive Assistant Airport Authority From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Resolution 2008 -191: Authorizing the Airport Authority to apply for a (USDA) Rural Business Enterprise Grant and for the Authority's Executive Director to sign all related documents to consummate the Rural Business Enterprise Grant for the project at the Immokalee Regional Airport Enclosed are three original Resolutions, as referenced above (Agenda Item #16G5) adopted by the Board of County Commissioners on Tuesday, June 24, 2008. The Minutes and Records Department has kept an original which will be held as part of the Board's permanent record. If you should have any questions, you may contact me at 774 -8406. Thank you, Enclosures (3) OdJ Q(9J/PY lL %OZ/ ?Gf �P 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 252 -8097 • Fax (239) 252 -3602 Donna Fiala District 1 Frank Hales June 24, 2008 District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 United States Department of Agriculture Attention: Mr. Rick Marino, Area Specialist Rural Development 750 South Military Trail, Suite J West Palm Beach, FL 33415 Re: Letter of Commitment for $1,000,000 for Construction of 20,000 Square - Foot Manufacturing Facility at the Immokalee Regional Airport Mr. Marino: As required by the United States Department of Agriculture (USDA) Rural Business Enterprise Grant (RBEG), the Collier County Board of County Commissioners has $1,000,000 available in the Immokalee Regional Airport Reserve Fund 497 for this project. If the Airport Authority is awarded this USDA RBEG in the amount of $495,000, the Authority is authorized to utilize $1,000,000 of funds available in the Authority's Fund 497 for the construction of an estimated $1,450,000 twenty- thousand square -foot manufacturing facility at the Immokalee Regional Airport. Sincere , four Henning, Chairman Board of County Commissioners 16G5 "01 1 n DUNS 1665 RESOLUTION NO. 2008- 191 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE COLLIER COUNTY AIRPORT AUTHORITY (AUTHORITY) TO APPLY FOR A UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) RURAL BUSINESS ENTERPRISE GRANT (RBEG) IN THE AMOUNT OF $495,000, AND AUTHORIZING THE AUTHORITY'S EXECUTIVE DIRECTOR, THERESA COOK, TO SIGN ALL RELATED DOCUMENTS TO CONSUMATE THE GRANT FOR AN ELIGIBLE RBEG PROJECT AT THE IMMOKALEE REGIONAL AIRPORT WHEREAS, the Collier County Airport Authority submitted a grant pre - application to the USDA for a Rural Business Enterprise Grant (RBEG) in the amount of $495,000; and WHEREAS, the USDA responded that the Authority's pre - application project is eligible for funding and suggested the Authority submit a formal application, and WHEREAS, the USDA RBEG formal application requires a "Resolution authorizing person(s) to sign all related documents to consummate the grant and authorizing the application of the RBEG." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the Collier County Airport Authority to apply for a $495,000 USDA Rural Business Enterprise Grant for an eligible RBEG project at the Immokalee Regional Airport. 2. The Board of County Commissioners hereby authorizes the Collier County Airport Authority's Executive Director, Theresa Cook, to sign all related documents to consummate the USDA grant. 3. This Resolution shall take effect immediately upon adoption. ADOPTED this 24th day of June 2008 after motion, second and majority vote favoring adoption. ATTEST: DWIGHT � E. BROCK, Clerk BY :-t .. At ' It r w I flgnatrr t Oft to Approved as is form and legal sufficiency: Colleen Greene, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER IIOUNTY..FLORIDA Y: AAdministrationABCCAResolutions \BCC USDA RBEG RESOLUTION - 6- 08.doc Item # L P.genda/_ Cate Date Recd 1, 1. PURCHASE AND SALE: r agrees to buy and SIG i9% 9 C vaf qQ-001- ( "Buyer ") S ( "Seller ") T agrees to sal the property described as: Street Address: 2 4' 11315 /-Jrj � DQ;vG /Atc irs/ s Legal Description: 5 ,!�,� EI1'� // b, / A at r and the following Personal Property: e* 9 (all collectively referred to as the "Property ") on the terms and conditions set forth below. The "Effective Date" of this Contract is 10 the date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract. Time periods of 5 11 days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a 12 Saturday, Sunday or national legal holiday will be extended until 5:00 p.m. of the next business day. 13, 2. PURCHASE PRICE: 14' (a) Deposit held in escrow by 15• (b) Additional deposit to be made within days from Effective Date 16• (c) Total mortgages (as referenced in Paragraph 3) 17' (d) Other: $ 7-6o. Cx-)C-) $ /j /A $,/ iY $/� 1e, (e) Balance to close, subject to adjustments and prorations, to be made with cash, locally drawn $ 19 certified or cashier's check or wire transfer. 2o• 3. THIRD PARTY FINANCING: Within days from Effective Date ( "Application Period "), Buyer will, at Buyer's expense, apply for 21' third party financing in the amount of or _% of the purchase price to be amortized over a period of 22' years and due in no less than years and with a fixed interest rate not to exceed ❑ -1�—% per year or variable interest rate not 23' to exceed O at origination with a lifetime cap not to exceed --E� % from initial rate, with additional terms as follows: 2a* 25 Buyer will pay for the mortgagee title insurance policy and for all loan expenses. Buyer will timely provide any and all credit, 2e employment, financial and other information reasonably required by any lender. Buyer will notify Seller immediately upon obtaining 27' financing or being rejected by a lender. If Buyer, after diligent effort, fails to obtain a written commitment within days from 2e Effective Date ( "Financing Period "), Buyer may cancel the Contract by giving prompt notice to Seller and Buyer's deposit(s) will be 29 returned to Buyer in accordance with Paragraph 9. / �n ao- Buyer ( (_) and Seller acknowledge receipt of a copy of this page, which is page 1 of Pages. CC -2 ©1 97 Florida Association of REALTOasO/ All Rights Reserved ® Q 16G9 31• 4. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by V�Statutory warranty deed 32* ❑ other , free of liens, easements and encumbrances of record or known to Seller, 33 but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and (list any 34* other matters to which title will be subject) 35' 36* provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property as 37' 3e* (a idence of Title: Seller will, at (check one) ❑ Seller's &Buyer's expense and within days 0 from Effective Date 39' 9 prior to Closing Date 0 from date Buyer meets or waives financing contingency in Paragraph 3, deliver to Buyer (check one) 40' title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's policy in 41 the amount of the purchase price for fee simple title subject only to exceptions stated above. 42* ❑ an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. 43 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as 44 a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a format 45 acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's closing agent together with copies of all 46 documents recited in the prior policy and in the update. 47 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller of title 43 defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) Buyer delivers proper 49' written notice and Seller cures the defects within 3a days from receipt of the notice ( "Curative Period "). If the defects are 50 cured within the Curative Period, closing will occur within 10 days from receipt by Buyer of notice of such curing. Seller may 51 elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period. If the defects are 52 not cured within the Curative Period, Buyer will have 10 days from receipt of notice of Seller's inability to cure the defects to 53 elect whether to terminate this Contract or accept title subject to existing defects and close the transaction without reduction in 54 purchase price. The party who pays for the evidence of title will also pay related title service fees including title and abstract 55 charges and title examination. 55 (c) Survey: (check applicable provisions below) 57 Li Seller will, within days from Effective Date, deliver to Buyer copies of prior surveys, 58' engineering documents, if any, and the following documents relevant to this transaction:_ 59' plans, specifications, and prepared for Seller or in Seller's so possession, which show all cu5JFeently existing structures. si• Suyer will, at ❑ Seller's WBuyer's expense and within the time period allowed to deliver and examine title evidence, 62 obtain a current certified survey of the Property from a registered surveyor. If the survey reveals encroachments on the 63* Property or that the improvements encroach on the lands of another, ❑ Buyer will accept the Property with existing 54- encroachments ❑ such encroachments will constitute a title defect to be cured within the Curative Period. 65 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. se (e) Possession: Seller will deliver possession and keys foraffio and ruyer at closing. 150 / /'�- ' .Al 0r 5. CLOSING DATE AND PROCEDURE: This transaction will be closed in �,' (/�C /- �� County, Florida on ss* or before the or within days from Effective Date ( "Closing Date "), unless otherwise extended 69- herein. U Seller ❑ Buyer will designate the closing agent. Buyer and Seller will, within days from Effective Date, deliver to 7o Escrow Agent signed instructions which provide for closing procedure. If an institutional lender is providing purchase funds, lender 71 requirements as to place, time of day, and closing procedures will control over any contrary provisions in this Contract. 72 (a) Costs: Buyer will pay taxes and recording fees on notes, mortgages and financing statements and recording fees for the deed. 73 Seller will pay taxes on the deed and recording fees for documents needed to cure title defects. If Seller is obligated to discharge 74 any encumbrance at or prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 75 (b) Documents: Seller will provide the deed, bill of sale, mechanic's lien affidavit, assignments of leases, updated rent roll, 75 tenant and lender estoppel letters, assignments of permits and licenses, corrective instruments and letters notifying tenants of 77 the change in ownership /rental agent. If any tenant refuses to execute an estoppel letter, Seller will certify that information 76 regarding the tenant's lease is correct. If Seller is a corporation, Seller will deliver a resolution of its Board of Directors 79 authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth so facts showing the conveyance conforms with the requirements of local law. Seller will transfer security deposits to Buyer. Buyer ar will provide the closing statement, mortgages and notes, security agreements and financing statements. 82' Buyer4"yJ) 0@ and Seller O ) acknowledge receipt of a copy of this page, which is page 2 of Q Pages. 16G9 83• (c) Taxes, Assessments, and Prorations: The following items will be made current and prorated �'as of Closing Date 84* ❑ as of : real estate taxes, bond and assessment payments assumed by Buyer, interest, 85• rents, association dues, insurance premiums acceptable to Buyer, operational expenses and 86 If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year will be used with due 87 allowance being made for improvements and exemptions. Seller is aware of the following assessments affecting or potentially 88* affecting the Property: 89 Buyer will be responsible for all assessments of any kind which become due and owing on or after Effective Date, unless the so improvement is substantially completed as of Closing Date, in which case Seller will be obligated to pay the entire assessment. 91 (d) FIRPTA Tax Withholding: The Foreign Investment in Real Property Act ( "FIRPTA ") requires Buyer to withhold at closing a 92 portion of the purchase proceeds for remission to the Internal Revenue Service (" I.R.S. ") if Seller is a "foreign person" as defined 93 by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to provide, at or prior to closing, 94 appropriate documentation to establish any applicable exemption from the withholding requirement. If withholding is required 95 and Buyer does not have cash sufficient at closing to meet the withholding requirement, Seller will provide the necessary funds 96 and Buyer will provide proof to Seller that such funds were properly remitted to the I.R.S. 97- 6. ESCROW: Buyer and Seller authorize M ��) wc'S I - I i 1 (_am- 9e* Telephone: X 35 `135 -3Y )9 Facsimile: , G1 C -) 7ri4f Address: c U I ?I LOL . & - DiG 3 99, to act as "Escrow Agent" 100• to receive funds and other items and, subject to clearance, disburse them in accordance with the terms of this Contract. Escrow 101- Agent will deposit all funds received in Z" non - interest bearing escrow account O an interest bearing escrow account with 102* interest accruing to with interest disbursed (check one) ❑ at closing 103' ❑ at intervals. If Escrow Agent receives conflicting demands or has a good faith doubt as to Escrow 104 Agent's duties or liabilities under this Contract, he /she may (a) hold the subject matter of the escrow until the parties mutually 105 agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' rights regarding the ,o6 escrow or (b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction over the dispute. Upon 107 notifying the parties of such action, Escrow Agent will be released from all liability except for the duty to account for items 108 previously delivered out of escrow. If a licensed real estate broker, Escrow Agent will comply with applicable provisions of Chapter log 475, Florida Statutes. In any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereunder or 7io interpleads the subject matter of the escrow, Escrow Agent will recover reasonable attorneys' fees and costs at all levels, with 111 such fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in favor 112 of the prevailing party. The parties agree that Escrow Agent will not be liable to any person for misdelivery to Buyer or Seller of 113 escrowed items, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. 114 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, ordinary 115 wear and tear excepted, and will maintain the landscaping and grounds in a comp co ion�� .,Seller makes no warranties 116 other than marketability of title. By accepting the Props ty "as is," Buyer waives as s ag sVSRller for any defects in the 117 property. (Check (a) or (b)) 18, ❑ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" condition. 11g (b) Due Diligence Period: Buyer will, at Buyer's expense and within ',`°'days from Effective Date ( "Due Diligence Period "), 120 determine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's intended use and development of 121 the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and 122 investigations ( "Inspections ") which Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, 123 architectural, environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision 124 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional 125 growth management and comprehensive land use plans; availability of permits, government approvals and licenses; compliance with 126 American with Disabilities Act; absence of asbestos, soil and ground water contamination; and other inspections that Buyer deems 127 appropriate to determine the suitability of the Property for Buyer's intended use and development. Buyer shall deliver written notice 128 to Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property is acceptable. 129 Buyer's failure to comply with this notice requirement shall constitute acceptance of the Property in its present "as is" condition. 130 Seller grants to Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence 131 Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the 132 Property and conduct Inspections at their own risk. Buyer shall indemnify and hold Seller harmless from losses, damages, costs, 133 claims and expenses of any nature, including attorneys' fees at all levels, and from liability to any person, arising from the conduct of 134 any and all inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a mechanic's lien 135 being fled against the Property without Seller's prior written consent. In the event this transaction does not close, (1) Buyer shall 136 repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of 137 the Inspections, and (2) Buyer shall, at Buyer's expense, release to Seller all reports and other work generated as a result of the 138 Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that Buyer's deposit shall be 139 immediately returned to Buyer and the Contract terminated. 140• Buyer (() and Seller ) L acknowledge receipt of a copy of this page, which is page 3 of 9 Pages. • J 141 (c) Walk- through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the parties, 142 conduct a final "walk- through" inspection of the Property to determine compliance with this paragraph and to ensure that all 143 Property Is on the premises. 144 (d) Disclosures: 145 1. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient 146 quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state 147 guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained 148 from your county public health unit. 149 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the Real 150 Property. 151 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any business 152 conducted on the Property in the manner operated prior to Contract and will take no action that would adversely impact the 153 Property, tenants, lenders or business, if any. Any changes, such as renting vacant space, that materially affect the Property or 154* Buyer's intended use of the Property will be permitted U only with Buyer's consent Uwithout Buyer's consent. 155 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met and 1s6 Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be returned in 157 accordance with applicable Florida laws and regulations. Ise 10. DEFAULT: Ise (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make the title 160 marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit(s) or (2) seek specific performance. If 161 Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the brokerage fee. 162 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) retain all deposit(s) 163 paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this Contract, and in 164 full settlement of any claims, upon which this Contract will terminate or (2) seek specific performance. If Seller retains the 165 deposit, Seller will pay the Listing and Cooperating Brokers named in Paragraph 12 fifty percent of all forfeited deposits retained 166 by Seller (to be split equally among the Brokers) up to the full amount of the brokerage fee. 167 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing party, 168 which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable attorneys' fees, costs and 169 expenses. 170 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed 171 real estate Broker other than: 172* (a) Listing Broker: 1 ' 173" who is O an agent of N < ILA -N(, p-a- transaction broker ❑ a nonrepresentative 174' and who will be compensated by G- Seller O Buyer b both parties pursuant to O a listing agreement U other (specify) 175' 176• n7* 176* (b) Cooperating Broker: 179* who is U an agent of U a transaction broker U a nonrepresentative 160• and who will be compensated by O Buyer U Seller U both parties pursuant to U an MLS or other offer of compensation to a ter cooperating broker ❑ other (specify) 182* 183' 184* 165 (collectively referred to as "Broker ") in connection with any act relating to the Property, including but not limited to inquiries, 186 introductions, consultations and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold Broker 187 harmless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys' fees at all levels, and 18a from liability to any person, arising from (1) compensation claimed which is inconsistent with the representation in this Paragraph, (2) lag enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker at the request of Buyer or 190 Seller, which duty is beyond the scope of services regulated by Chapter 475, F.S., as amended, or (4) recommendations of or services 191 provided and expenses incurred by any third party whom Broker refers, recommends or retains for or on behalf of Buyer or Seller. 192. 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise U is not assignable 193• ❑ is assignable. The terms "Buyer," "Seller" and "Broker" may be singular or plural. This Contract is binding upon Buyer, Seller 194 and their heirs, personal representatives, successors and assigns (if assignment is permitted). 195• Buyer A ' 1 (--j and Seller (�) tX—A acknowledge receipt of a copy of this page, which is page 4 of � Pages. 169 196 14. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to this Contract): 197• ❑ Arbitration ❑ Seller Warranty ❑ isting Mortgage 198* ❑ Section 1031 Exchange ❑ Coastal Construction Control Line GL Other 12p2-k111 ,(7/i/YI 199• ❑ Property Inspection and Repair ❑ Flood Area Hazard Zone ❑ Other 200* ❑ Seller Representations ❑ Seller Financing ❑ Other 201 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modifications of 202 this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents 203 referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for 204 all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail 205 over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue 206 to be fully effective. This Contract will be construed under Florida law and will not be recorded in any public records. Delivery of any 207 written notice to any party's agent will be deemed delivery to that party. 2os THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY 209 PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE 210 IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, 211 INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF 212 TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND 213 OTHER SPECIALIZED ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL 214 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC 215 RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY 216 SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY 217 CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 218- DEPOSIT RECEIPT: Deposit of $ by ❑ check ❑ other received on 219' by 220 Signature of Escrow Agent 221 OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless acce nce is signed by Seller and a 222• signed copy delivered to Buyer or Buyer's agent no later than n O ❑a.m. U1,16'm. or 223 Buyer may revoke this offer ts. 224, Date: 225* 1life: 226* Address: 227 Date: 228' 11ue: 229' Address: Telephone: Telephone: Tax ID Tax ID 230• ACCEPTANCE: Seller accepts Buyer's offer and agrees to sell the Property on the above terms and conditions (❑ subject to the 231 attached counter offer). ¶ 232• Date: SELLER: / I� 7 a ti Tax ID No: 233' 1 Ille: 234* Address: 235` Date: SELLER 236' 237' Address: Tax ID Telephone: Facsimile: �/ �7\ 238• Buyer (� and Seller (21Z acknowledge receipt of a copy of this page, which is page 5 of 5 Pages. The Florida A ciation of Re LTons makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as a Re TOR. REALTOR is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. CC -2 ©1997 Florida Association of REALTORS(D All Rights Reserved 16 EXHIBIT "A" PARCEL A, LAKESIDE MOBILE ESTATES, ACCORDING TO THE PLAT THEREOF AS RECRDED IN PLAT BOOK 9, PAGE 99, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. /is �L)-e * L '��I 1br%9 ADDENDUM TO SALES COMMERCIAL CONTRACT Parcel A, Lakeside Mobile Estates, according to the plat thereof as recorded in plat book 9, page 99, public records of Collier County Florida. The Seller represents that the property, and all uses of the property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property except as specifically disclosed to the Buyer; that the Seller has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the property to be sold to the Buyer, that the Seller has not received notice and otherwise has no knowledge of a) any spill on the property; b) any existing or threatened environmental lien against the property; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property. Buyer will perform an environmental audit of the property within the Due Diligence Period provided for in this Agreement. If environmental contamination is found, Buyer may cancel this Agreement. Seller is aware of and understands that the "offer to purchase represented by this Agreement is subject to acceptance and approval by the Collier County Community Redevelopment Agency Board. Seller may occupy the Property after closing for a period of Ninety (90) days thereafter. If Seller vacates the Property prior to expiration of the Ninety (90) day Term, Seller shall provide written notice to Purchaser and this Agreement shall terminate. Seller agrees to pay all utilities services as they come due, including electricity, telephone, gas, cable television, water, sewer and solid waste collection, and shall arrange for a final billing and payment at the time Seller vacates the Property. Seller shall comply with all governmental regulations concerning the use of the Property and not permit or suffer any illegal activity or use, or permit to be made any disturbance, noise, or nuisance whatsoever, which would be detrimental to the peace, quiet and comfort of other persons in the vicinity of the Property, or affect the insurance risk factor to the Property. Seller shall permit Purchaser's agent or employees to enter the Property at any reasonable time, upon 24 hours notice, during the term of this Agreement. 4% 0{ 9 ,n v ADDENDUM TO SALES COMMERCIAL CONTRACT Parcel A, Lakeside Mobile Estates, according to the plat thereof as recorded in plat book 9, page 99, public records of Collier County Florida. Seller shall maintain property damage and hazard insurance on the Property during the entire Term of occupancy. Seller will be required to provide a certificate of proof of said insurance prior to Closing. (Se ler's Signature) (Date) J36) -0 (Print Name) (Date) V -3o -bk (Seller's Signature) (Date) (Print N (Date) (Buyer's Signature) (Date) (Print Name) (Date) (Buyer's Signature) (Date) (Print Name) (Date) 8 0V 9 Parcel A, Lakeside Mobile Estates, According to plat thereof as recorded in plat book 9, page public records of Collier County Florida. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATE ATTEST! E DWIGHT E. BRO CK, Clerk vvr d,C_ 'be6i C Attest tt', t • ffpnature oat■ AS TO SELLER: DATED: - 0 - D WITNESSES: the 99, COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY BY:,G�,� DON ILA, irman s" (Si nature) 2--e- t/ Ni e z le . v, ').5' ✓(Printed Name) (Printed Name) Sig re} VA (Printed Name) Approved as to form and legal sufficiency: idi . ton Assistant County Attorney 16rg --- �gNrEL 0 Q�yl�s (Printed Name) SECOND ADDENDUM TO SALES COMMERCIAL CONTRACT' 1117 This Second Addendum to Commercial Contract is dated thi4 day of June, 2008 by and between Collier County Community Redevelopment Agency ( "Buyer ") and Hulbert and Nancy Bevins ( "Seller "). WHEREAS, Buyer and Seller entered into a Commercial Contract dated• � 2008; and WHEREAS, Buyer conducted an environmental audit of the Property which revealed that contaminants exceeding permitted levels were identified on the Property. NOW THEREFORE, based on ten dollars and other valuable consideration, the parties agree that: The sum of $100,000 to be paid towards the purchase price shall be set aside and held in escrow to pay for Site Rehabilitation (the assessment of site contamination and the remediation activities that reduce the levels of contaminants at the site through accepted treatment methods to meet the cleanup target) level established for that site. If Site Rehabilitation mediation costs are less than $100,000, Seller shall receive the balance once remediation is complete. DATED: ATTEST: DWIGHT E. $ROCK,-Glork Lkizc Attest is to Cha l ru m y slpnatwe onl. Applo Q � d as `or/ � # �aput Wencg ro IN County Attorney 1 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: Crrn.+v D014NA FIALA, Chairman SECOND ADDENDUM TO SALES COMMERCIAL CONTRACT Signature K /I+hv Printedrryped Nafne (2) i gnature Q�Nne� D A(�1V , -s Printed/Typed Name (0 Signature Printedlryped Name (2) % ��- si ature (aa ntHti IF ( n 11v. -tiS Printed/Typed Name 2 HUYBERT BEVINS WA BEVINS 1659 MEMORANDUM Date: July 18, 2008 To: Jean Jourdan CRA Project Manager 4069 Bayshore Drive Naples, Florida 34112 From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Agenda Item #16G9: Escrow agreement for the purchase of a commercial property located in the Bayshore Gateway Triangle Redevelopment Area Site address: 4315 Bayshore Drive ($750,000) Attached, is the original Escrow Agreement for Sale and Purchase for the above referenced project; (Agenda Item #16G9) approved by the Board of County Commissioners on Tuesday, June 24, 2008. After recording, please return the original document to the Minutes & Records Department where it will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252 -8406. Thank you, 16G9 � A ESCROW AGREEMENT THIS AGREEMENT made on this �L_ �L_ day of TUnR. , 2008 by and between Hubert D. Bevins and Nancy E. Bevins, (the Seller), whose address is 4315 Bayshore Drive,Naples, Florida 34112, and Collier County Community Redevelopment Agency, (the Purchaser), whose address is 3301 East Tamiami Trail, Naples, FL 34112, and MIDWEST TITLE GUARANTEE COMPANY OF FLORIDA, LLC (the Escrow Agent), whose address is 3936 Tamiami Trail North, Suite A, Naples, Florida 34103; WITNESSETH: WHEREAS, the Purchaser and Seller entered into a purchase contract and two addenda for the sale of real property located at Lot A, Lakeside Mobile Estates, and WHEREAS, both Purchaser and Seller are desirous of having Escrow Agent act as Escrow" for the purpose of closing this real estate conveyance in accordance with the terms and conditions of this agreement; NOW, THEREFORE, Escrow Agent, Purchaser and Seller agree as follows: 1. That the transfer of title shall be completed and the transaction closed as soon as possible 2. That pending the completion of site remediation relating to an unfavorable PHASE I and PHASE II Environmental Audit wherein contaminants exceeding the permitted levels (gasoline) were identified; escrow agent is authorized to hold the sum of $I 00,000.00. The Purchaser may access the funds as needed to pay for the site rehabilitation. 3. That the monies held in escrow shall not be released until such time as verification in writing are received by the Escrow Agent that all remediation work has been completed to the satisfaction of the Buyer. At which time, the Escrow Agent shall disburse any remaining funds to the Seller. 4. Escrow Agent may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine, may assume the validity and accuracy of any statement or assertions contained in any such writing or instruments; and may assume that any person purporting to give any writing, notice, advice or instruction in connection with the provisions hereof has been authorized to do so. Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner of execution, or validity of any written instrument delivered to it, nor as to the identity, authority, or rights of any person executing the same. The duties of the Escrow Agent shall be limited to the safekeeping of the deposits and disbursing the same in accordance herewith. Escrow Agent undertakes to perform only such duties as are expressly set forth herein, and implied duties or obligations shall not be read into this agreement. Upon the Escrow Agent disbursing the deposits in accordance with the provisions hereof, the escrow account or accounts shall terminate and the Escrow Agent shall disburse and shall thereafter he released from any liabilities hereunder in connection therewith. Seller does hereby transfer, convey, give, deposit with, pledge and deliver under the absolute control of Escrow Agent said sum. Ownership of this money shall vest in Escrow Agent for such period of time as is necessary to satisfy said requirement(s) whether said requirements are satisfied by seller or escrow agent as provided in this agreement. 5. Escrow Agent shall be protected with respect to any action taken or suffered by it hereunder in good faith. Escrow Agent shall not otherwise be liable for any mistakes of fact or errors of judgment or for any acts or omissions of any kind unless caused by its misconduct or gross negligence. 6. In the event of a disagreement with respect to the interpretations of this agreement, or with respect to the rights or obligations, or the propriety of any action contemplated by Escrow Agent, Escrow Agent may, in its sole discretion, file appropriate legal action to resolve such disagreement. Escrow Agent shall be indemnified by the non - prevailing party for all of Escrow Agent's costs, including reasonable attorney's fees, in connection with any such legal action. '16G9 7. Escrow Agent may resign at any time upon the giving of thirty (30) days notice to Purchaser and Seller of Escrow Agents intent to so resign. 8. All notice and communications herein between the Escrow Agent, Purchaser and Seller shall be in writing and shall be deemed to be duly given if sent by mail, to the respective addresses set forth above. 9. The rights created by this Escrow Agreement shall inure to the benefit of and the obligations created hereby shall be binding upon, the successors and assigns of Escrow Agent and all parties to this agreement. 10. This agreement shall be construed and enforced according to the laws of the State of Florida IN WITNESS WHEREOF, the parties have executed this Escrow Agreement on the day and y trat a bove written. Dated Project/Acquisition Approved by BCC: �- tf ti( �7 Wimecs N 1 bert D. Bevins , n ancy E, evms Witness G1 Collier County Community Redevel ent Agency By. a MIDWEST TITLE GUARANTEE COMPANY OF FLORIDA Witness By: """NOTICE TO ESCROW participants You have entered into an Escrow Agreement whereby certain monies are to be held by Midwest Title Guarantee Company of Florida under the terms of the Escrow Agreement. It is your responsibility to assure that the terms of the Escrow Agreement are met. Midwest Title Guarantee Company of Florida has no duty to monitor the performance of any parties to the Escrow Agreement. Upon proper notification by the parties to the agreement, Midwest Title Guarantee Company of Florida will disburse the funds that it holds in accordance with the agreement. The undersigned escrow participants acknowledge receipt of a copy of this Notice and a copy of the Escrow Agreement. Participants: 7_/2 -0(? Collier County Community Redevelopment Agency By: Donna Fiala, Chairman Apr' ,ial aU1NCIBtIOy ... Uounty Attorney 1611 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE June 24, 2008 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Collier County Code Enforcement Board: Minutes of April 24, 2008. 2) Contractors Licensing Board: Minutes of April 16, 2008. 3) Environmental Advisory Council: Agenda of June 4, 2008. Minutes of April 2, 2008. 4) Forest Lakes Roadway and Drainage Advisory Committee: Agenda of May 14, 2008. Minutes of April 9, 2008. 5) Golden Gate Estates Land Trust Committee: Agenda of April 2, 2008; May 7, 2008. Minutes of April 2, 2008; May 7, 2008. 6) Hispanic Affairs Advisory Board: Minutes of April 24, 2008. 7) Historical /Archaeological Preservation Board: Minutes of December 19, 2007. 8) Pelican Bay Services Division Board: Minutes of April 2, 2008; April 22, 2008. 9) Radio Road Beautification Advisory Committee: Agenda of May 20, 2008. Minutes of April 15, 2008. 10) Utility Authority (Water and Wastewater Authority): Minutes of February 25, 2008. B. Other: 1) Domestic Animal Services Advisory Committee: Minutes of April 15, 2008. Fiala � � April 24, 2008 Halas TRANSCRIPT OF THE MEETING OF THE 1 T� �V C� Henning CODE ENFORCEMENT BOARD MAY 2 7 2008 Coletta Naples, Florida Boern of County CommlgSiOners April 24, 2008 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN VICE- CHAIRMAN Gerald Lefebvre (Absent) Richard Kraenbring Larry Dean Kenneth Kelly Edward Larsen Lionel L'Esperance George Ponte (Absent) Charles Martin (Absent) Jerry Morgan (Absent) ALSO PRESENT: Jean Rawson, Attorney for the Board Michelle Arnold, Code Enforcement Director Bendisa Marku, Code Enforcement Operations Coordinate Res Page 1 Date (p l2V /9 Item t I T I A_.1_ A24 2008 U VICE - CHAIRMAN KRAENBRING: Good morn' ' 1 I mg. Its 9:01 Q� and I'd like to call to order the Code Enforcement Board for Collier County, Florida. It's April 24th. I just want to read something into the record. The respondent may be limited to 20 minutes for case presentation, unless additional time is granted by the board. Persons wishing to speak on any agenda item will receive up to five minutes, unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a time so that the court reporter can record all statements being made. 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. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I'd also like to ask that as you come up, you do speak into the microphone so that Cherie' can hear you properly. Can we have the roll call, please. MS. MARKU: Good morning. For the record, Bendisa Marku, Collier County Code Enforcement. Mr. Edward Larsen? MR. LARSEN: Present. MS. MARKU: Mr. George Ponte has an excused absence. Mr. Gerald Lefebvre has an excused absence. Mr. Kenneth Kelly? MR. KELLY: Here. MS. MARKU: Mr. Larry Dean? MR. DEAN: Here. MS. MARKU: Mr. Richard Kraenbring? VICE - CHAIRMAN KRAENBRING: Present. Page 2 April 24, 2008 MS. MARKU: Mr. Charles Martin? 161 1 r� (No response.) MS. MARKU: Mr. Lionel L'Esperance? MR. L'ESPERANCE: Present. VICE - CHAIRMAN KRAENBRING: Can we have an approval of the agenda. Motion for approval of the agenda? MR. DEAN: Motion to approve. MS. ARNOLD: I have changes, Mr. Chairman. VICE - CHAIRMAN KRAENBRING: Okay. MS. ARNOLD: For the record, Michelle Arnold. I have three stipulations. The first stipulation is Item No. 4 -C -3, Board of County Commissioners versus Wayne Creber and Ronald Creber. That will become your 4 -B -1. Item No. 4 -C -9, Board of County Commissioners versus 4227 Enterprise Avenue, LTD will become 4 -B -2. And thirdly, your Item No. 12, Board of County Commissioners versus Kenneth J. and Brenda (sic) Blocker, will become 4 -B -3. Also, Item 4 -C -7 is being removed from the agenda. That property's been foreclosed. And I believe there is a request to bring up the attendance of Mr. Martin under new business, and so we'll add that to the agenda as well. VICE - CHAIRMAN KRAENBRING: That's correct. And that's item six, new business. Do we have a motion to approve the amended agenda? MR. DEAN: I'll make a motion to approve the amended agenda. MR. KELLY: I'll second it. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. MR. LARSEN: Aye. MR. L'ESPERANCE: Aye. VICE - CHAIRMAN KRAENBRING: Aye. Page 3 April 24, 2008 Motion carries. l 6 , 1 Al We reviewed the minutes of March 27th, 2008. Do we have a motion for approval of the minutes? MR. DEAN: I'll make a motion to approve the minutes of March 27th, 2008. MR. KELLY: I'll second. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. MR. L'ESPERANCE: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. That brings us to the public hearing motions. We have under Item A, a motion for continuance, and that's the BCC versus Robert and Jeanie Ankney. MS. ARNOLD: Okay, the individual's not here. You have a letter that should have been included in your packet. And the county has no objections to that request. VICE - CHAIRMAN KRAENBRING: Since the county has no objections, do we have a motion for allowing the continuance? MR. KELLY: I'll make a motion that we allow the continuance. VICE - CHAIRMAN KRAENBRING: Do we have a second? MR. LARSEN: I second it. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. KELLY: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. L'ESPERANCE: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? April 24, 2008 MR. DEAN: Aye. 16 11 Al K VICE - CHAIRMAN KRAENBRING: Motion carries. We have one nay. That brings us to the stipulations. First stipulation was Item 3 and is now Item 1 for stipulations. That's the BCC versus Wayne Creber and Ronald Creber. Is the respondent here? Why don't you come up and be sworn in. (Speakers were duly sworn.) VICE - CHAIRMAN KRAENBRING: Can we hear from the county? MS. O'FARRELL: Good morning. For the record, Susan O'Farrell, Collier County Code Enforcement Environmental Investigator. see it. We're putting the stipulation up on the overhead so you all can This is in reference to Department Case No. 200404136 where fill was placed on a property on Plantation Island, which is in our special treatment overlay. The stipulation between Mr. Creber and the Collier County is that he will -- I'll just read it. In consideration of the disposition and resolution of the matters outlined in said notices of violation for which a hearing is currently scheduled for April 24th, 2008, to promote efficiency and the administration of the Code Enforcement process, and to obtain a quick and expeditious resolution of the matters outlined therein, the parties agree to -- hereto agrees as follows. Mr. Creber has agreed that the violations noticed in the referenced Notice of Violation are accurate, and he stipulates to pay the operational costs in the amount of $1,147.99 incurred in the prosecution of this case. And he will abate all violations by removing the fill from the property to restore it to the previous grade without damaging any remaining vegetation within 30 days of this hearing or a daily penalty of $100 per day will be imposed for as long as the Page 5 April 24, 2008 violation persists. 1 6 1 1 A, VICE - CHAIRMAN KRAENBRING: Mr. Creber, have you agreed to the stipulation? MR. CREBER: Yes, sir. VICE - CHAIRMAN KRAENBRING: Do we have a motion to accept the stipulation? MR. LARSEN: I move to accept the stipulation. VICE - CHAIRMAN KRAENBRING: Do we have a second? MR. L'ESPERANCE: Second. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. MR. L'ESPERANCE: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. Sir, I think you've come to an agreement with the county and we look forward to having you comply. MR. CREBER: Thank you. MS. O'FARRELL: Thank you. VICE - CHAIRMAN KRAENBRING: That brings us to the next stipulation, which was Item 9 and that's BCC versus 4227 Enterprise Avenue, LTD. And we have the county and respondent. Could we have them sworn in, please. (Speakers were duly sworn.) VICE - CHAIRMAN KRAENBRING: Can we hear from the county, please. MR. KEEGAN: Good morning. For the record, Thomas Keegan, Collier County Code Enforcement Investigator. f6ij 24, 2008 .( �1This is Department Case No. 2007030291. The respondent and the county has agreed -- has reached a stipulation agreement which states that -- which is for construction additions done without proper building permits. Mr. Tackett will pay operational costs in the amount of $460.85 incurred in the prosecution of this case within 30 days of this hearing, and he will abate all violations by: Obtaining after - the -fact permits for all unpermitted construction /remodeling/additions on property, and get all inspections through a certificate of completion within 120 days of this date or a fine of $200 a day will be imposed until such time as the unpermitted construction/remodeling has been permitted, inspected and C.O.'d. Or obtain a demo permit and remove any unpermitted construction /remodeling/additions within 120 days of this date and restore the building to its original permitted state, or a fine of $200 a day will be imposed until such time as the building is restored to its permitted state and all unpermitted construction /remodeling/additions have been removed to an appropriate site for such disposal. They will cease any activity that's not in compliance with and in accordance to the Land Development Code of Unincorporated Collier County. VICE - CHAIRMAN KRAENBRING: Sir, you read and understand the stipulation and you agree to it? MR. TACKETT: Yes, sir. VICE - CHAIRMAN KRAENBRING: Do I have a motion for acceptance? MR. KELLY: Make a motion we accept. VICE - CHAIRMAN KRAENBRING: A second? MR. LARSEN: I'll second that motion. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. VICE - CHAIRMAN KRAENBRING: Aye. Page 7 April 24, 2008 MR. KELLY: Aye. 1611 A MR. LARSEN: Aye. MR. L'ESPERANCE: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) MR. KEEGAN: Thank you. VICE - CHAIRMAN KRAENBRING: That brings us to the third stipulation, which was Item No. 12, and that's BCC versus Kenneth J. and Barbara Blocker. And we do not have the respondent here today? MR. KEEGAN: No. Ready? VICE - CHAIRMAN KRAENBRING: Okay, we'll hear from the county. Oh, we need to swear you in. (Speaker was duly sworn.) MR. KEEGAN: This is Department Case 2007080462. Mr. Blocker and the county has agreed to a stipulation agreement in which Mr. Blocker will pay operational costs of 411.46 incurred in the prosecution of this case. And he will abate all violations by: Obtaining permits for said sign with all inspections through a certificate of completion within 120 days of this date or a fine of $150 will be imposed until such time the sign is permitted or C.O.'d; or obtain a demo permit and remove sign with all inspections through certificate of completion accomplished within 120 days of this date or a fine of $150 a day will be imposed until such time as the sign is removed. Discard sign and structure to a site suitable for disposal. They did receive their permit on 4- 18 -08, so. then. VICE - CHAIRMAN KRAENBRING: They're in compliance MR. KEEGAN: They received a demo permit. They still have, -_ . April 24, 2008 you know, the time to remove it, get the C.O. 1611 A 1 VICE - CHAIRMAN KRAENBRING: Since we don't have the respondent here today, can we hear a motion for acceptance? MR. KELLY: Make a motion we accept the stipulated agreement. VICE - CHAIRMAN KRAENBRING: Do we have a second? MR. LARSEN: I'll second that motion. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. MR. UESPERANCE: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. MR. KEEGAN: Thank you. VICE - CHAIRMAN KRAENBRING: Thank you. That brings us to the hearings, Section C. And our first case is the BCC versus James Bachmann. MS. MARKU: This case is in reference to Department Case No. 2006090001. I would like to ask if the respondent is present. For the record, the respondents are present. The respondent and the board were sent a packet of evidence, and I would like to enter the packet of evidence as Exhibit A. VICE - CHAIRMAN KRAENBRING: Do I have a make a motion (sic) for acceptance of the packet? MR. KELLY: Motion to accept. VICE - CHAIRMAN KRAENBRING: Second? MR. DEAN: Second. VICE - CHAIRMAN KRAENBRING: All those in favor? April 24, 2008 MR. DEAN: Aye. 1611 A 1 MR. KELLY: Aye. 1 MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. UESPERANCE: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. MS. MARKU: Violation of Ordinances 2004 -41 of the Collier County Land Development Code, Section 1.04.01 and 2.02.03. Description of violation: Unauthorized prohibited above - ground pool in agricultural zoned property. Location/address where violation exists: 1180 Dove Tree Street, Naples, Florida, 34104. Name and address of owner /person in charge of violation location: James Bachmann, 110 Dove Tree street, Naples, Florida, 34104. Date violation first observed: August 31st, 2006. 2006. Date owner /person in charge given Notice of Violation: July 6th, Date on/by which violation to be corrected: July 20th, 2007. Date of reinspection: July 23rd, 2007. Results of reinspection: Above - ground pool not removed. At this time I would like to turn the case over to Code Enforcement Board Investigator Michelle Scavone. VICE - CHAIRMAN KRAENBRING: Cherie', could we -- MR. FLOOD: Excuse me, may I address the board? VICE - CHAIRMAN KRAENBRING: One second, please, I'm just going to have you sworn in. (Speakers were duly sworn.) MR. FLOOD: There's been a reference to a packet. I have no packet or never received any packet for this hearing. Page 10 A�r�j 2f, J008 a' Peter Flood. j b Y"�+� at it. I have no packet. I haven't had an opportunity to review it, look VICE - CHAIRMAN KRAENBRING: Well, we're going to check on that right now and see what we need to get here. MR. WRIGHT: I'm just looking at the return receipt. It was sent directly to his client. So it should have gone to Mr. Flood, I would agree with that. And I'm not sure if it went to Mr. Flood or not for -- the packet for today's hearing, I'm not sure if it went to Mr. Flood or not. So Mr. Flood did not get that packet? MS. MARKU: No. MR. WRIGHT: One moment, please. I think the best way to handle this, if Mr. Flood's okay with it, is to continue it, to give him an opportunity to look at the packet. MR. FLOOD: Yeah, I have no idea what they've submitted. VICE - CHAIRMAN KRAENBRING: Jean, any ideas? MS. RAWSON: Well, I don't think we can proceed if the attorney hasn't had a chance to review the evidence. MR. UESPERANCE: Mr. Chairman, I would ask you, did the county know that the respondent was represented by legal counsel? VICE - CHAIRMAN KRAENBRING: This case has been before us. This is a continuance from a previous month. MR. UESPERANCE: So we were aware? MR. FLOOD: Basically what this is is just a rehearing matter that's limited to a specific issue on the rehearing. So I have no idea what's being submitted as new -- if there's new evidence being submitted or whatever. I'm not trying to give anybody a hard time, I'm just -- VICE - CHAIRMAN KRAENBRING: No, we want to give you due process. MR. DEAN: No, you're correct. Page 11 Jp�iJl J4008 VICE - CHAIRMAN KRAENBRING: Any thoughts from the A board? MR. DEAN: I think he's correct. MR. KELLY: I agree. I'd like to make a motion that we do continue this. MR. L'ESPERANCE: I agree. MR. DEAN: I'll second that. VICE - CHAIRMAN KRAENBRING: So we have a motion to continue and a second. All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. MR. L'ESPERANCE: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: All right, sir. MR. LARSEN: I'd just like to make a comment. VICE - CHAIRMAN KRAENBRING: Sure. MR. L'ESPERANCE: Is there a possibility that we can give Mr. Flood the paperwork today while he's here? Because if I. MR. FLOOD: He'll get -- he's good about getting it to me. He'll get it to me. MR. WRIGHT: We'll have it to him today, sir. MR. FLOOD: I just don't have it. I just don't know what it is. VICE - CHAIRMAN KRAENBRING: So at some point we'll discuss this with Michelle or the county will set this for a later date, maybe next be month or the following? MR. WRIGHT: Yes, sir. MR. KELLY: Mr. Chair, can I -- VICE- CHAIRMAN KRAENBRING: Yes. Page 12 April 24, 2008 MR. KELLY: -- make a suggestion? 1 6 1 1 Al Mr. Flood, if you're comfortable with the packet that you maybe receive here, maybe we can put it later in the agenda after the rest of the hearings. If you're not comfortable, we can continue it for the next month or -- MR. FLOOD: I just don't know what it entails. I mean, you know, it's -- MR. KELLY: I believe it's the charging packet that we're talking about. And I think the information is pretty much redundant. So there's a possibility Mr. Flood may feel comfortable representing his client after reviewing it for a few minutes. MR. FLOOD: That's correct. But I have an opportunity to either object to its entry or not. MR. KELLY: Yes, sir. MR. FLOOD: This is a very limited hearing, what we have today, on a rehearing in accordance with the rules. The rehearing is specifically on what was ordered to be allowed to be reheard. We're not going to rehear the whole case today. MR. KELLY: No, you're right. And it was just a suggestion, Mr. Chairman. VICE - CHAIRMAN KRAENBRING: Good suggestion, but I think what we're looking at probably is their favor of being continued to a following month. MR. KELLY: Very good. MR. FLOOD: Thank you. VICE - CHAIRMAN KRAENBRING: Thank you. All right, that brings us to Item No. 2 under hearings, and that's the BCC versus Robert and Jeanie Ankney. MR. KELLY: Mr. Chairman, I think that one was continued. right. VICE - CHAIRMAN KRAENBRING: Oh, I'm sorry, you're Let's go to number four then, BCC versus Heriberto Perez and Page 13 A ril 24, 2008 today? f Antonio Perez. Do we have a respondent here b I 1 A p Y• 1 (No response.) VICE - CHAIRMAN KRAENBRING: It appears that there is no respondent. We do have the county, though. Can we have the county sworn in, please. (Speaker was duly sworn.) MS. MARKU: This is in reference to Department Case No. CESD200800000222. I would like to ask if the respondent is present. (No response.) MS. MARKU: For the record, the respondent is not present. The respondent and the board were sent a packet of evidence and I would like to enter the packet of evidence as Exhibit A. MR. KELLY: Make a motion to accept the packet. VICE - CHAIRMAN KRAENBRING: Do we have a second? MR. DEAN: Second. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. MR. UESPERANCE: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) MS. MARKU: Violation of ordinances Collier County Land Development Code 2004 -41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i), Florida Building Code 2004 edition, Section 105.1. Description of violation: Unpermitted improvements made to the rear of structure located on RMF -6 zoned property. Location/address where violation exists: 5384 Carolina Avenue, Naples, Florida, 34113. Page 14 A1prrii124, 2008 Name and address of owners /persons in charge of vio All � 1 location: Heriberto Perez and Antonio Perez, P.O. Box 684, Marco Island, Florida, 34146. Date violation first observed: January 10th, 2008. Date owner /person in charge given Notice of Violation: January 24th, 2008. Date on which violation to be corrected: February 1 Ith, 2008. Date of re- inspection: March 4th, 2008. Results of re- inspection: Violation remains. At this time, I would like to turn the case over to Code Enforcement Investigator Joseph Mucha. MR. MUCHA: Good morning. For the record, Investigator Joe Mucha, property maintenance specialist, Collier County Code Enforcement. This case, CESD20080000222, is in reference to a complaint, a minimum housing complaint that we received. And I actually was on -- made a site visit to the property on January 9th. I think there was an error in the initial packet. I think it said January 10th. I was actually out there January 9th. And at that time I met with the tenant of the property and she had a few complaints. And one of them was about people living in the back. And I would like to show some photos. VICE - CHAIRMAN KRAENBRING: Do I have a motion to accept the photos? MR. KELLY: Make a motion to accept. MR. DEAN: Second. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. MR. UESPERANCE: Aye. Page 15 April 24, 2008 VICE - CHAIRMAN KRAENBRING: Opposed? 161 1 (No response.) 1 VICE - CHAIRMAN KRAENBRING: Motion carries. MR. MUCHA: Okay, this is showing a photo of the rear of the structure. As you can see, the two different rooflines that are going on there. This would be on the left -hand side if you're looking at it from the rear. That would be on the right -hand side. And this is actually showing the entrance into that back addition. Next I would like to submit some aerial pictures from the county's property appraiser website, and also a sketch that they have on there as well for the property. This is an aerial from 2004 showing basically a house and what appears to be a porch. This is an aerial photo from 2005 where -- so sometime between 2004 and 2005 this work had been done. And this is a sketch of what the property appraiser has of the structure. It's supposed to be, you know, a single - family home with an open porch. So they haven't even recognized the additions that have been done. And I just want to show two more photographs that I took yesterday. The tenant actually let me inside there, and I just wanted to show what the insides of these areas look like. This would be I guess the northwest corner of the house. That's just basically -- it looks like they're using it as kind of an extra room. Like I saw kids toys down there and stuff, so it kind of looked like a playroom, I guess. And there's a door that goes from the main house into that room. And the room on the northeast side is being used as kind of a laundry /storage area. And you can see the existing window from the existing structure there, so -- Page 16 I LApri; 24, 2008 Essentially I met with the -- one of the owners, Heriberto Perez on January 15th. Met him at the property, went through everything that I had found, and basically at that point gave him his options. He actually bought the property in 2007, so he didn't do the additions. But, you know, at that time I did tell him it would be his responsibility to either get those additions permitted or to have them removed. And up and to this point he has not been in contact with me, no permits have been applied for, and it still exists. VICE - CHAIRMAN KRAENBRING: Thank you. Are there any questions from the board for the county? MR. KELLY: Joe, is there any previous permits that were pulled for any alterations or additions? MR. MUCHA: Not recent. I think the last one was like in '95 or something like that. Wasn't anything done recently. MR. KELLY: Thanks. Nothing further. VICE - CHAIRMAN KRAENBRING: Any comments from anyone? Otherwise we'll close the public hearing portion of this case and move to the board for consideration whether a violation exists. MR. KELLY: Well, I make a motion -- go ahead, Larry. MR. DEAN: I make a motion a violation does exist. MR. KELLY: Second. VICE - CHAIRMAN KRAENBRING: We have a motion and a second. All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: The motion carries. Page 17 April 24, 2008 Can we have the recommendation of the county, please. l MR. MUCHA: Yes, sir. The recommendation is for the respondent to pay all operational costs in the amount of $363.18 incurred in the prosecution of this case within 30 days of this hearing, and to abate all violations by: Engaging the services of a general contractor licensed in Collier County to obtain required permits, related inspections and certificates of completions for all nonpermitted improvements within 120 days of this hearing or a fine of $200 a day will be imposed until all permits receive certificates of completion. Alternately, the respondent may engage the services of a general contractor licensed in Collier County to obtain demolition permit for removal of all non - permitted improvements and resulting debris to a site designated for final disposal. Licensed contractor must execute demolition permit through to an issuance of certificate of completion within 120 days of this hearing or a fine of $200 a day until demolition permit receives certificate of completion. And the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. VICE - CHAIRMAN KRAENBRING: Could you please put that up on the board for us. MR. MUCHA: Sure. VICE - CHAIRMAN KRAENBRING: Thank you. MR. KELLY: Mr. Chairman, may I ask a question? VICE - CHAIRMAN KRAENBRING: Please. MR. KELLY: Joe, just out of curiosity, why is it necessary for a GC? Is it because it's not owner occupied? MR. MUCHA: Yes, sir, it's not owner occupied. VICE - CHAIRMAN KRAENBRING: Do we have any thoughts, any motions? MR. KELLY: I do have a thought, Mr. Chairman. April 24, 2008 VICE - CHAIRMAN KRAENBRING: Please. 1 6 1 1 k 1 MR. KELLY: I would like to also add in there that the respondent be required to immediately cease and desist using the additional structures, and to trip the breakers for electrical lines going into those rooms until the inspections have been completed. I'm just concerned if it was never inspected what kind of hazards may exist. VICE - CHAIRMAN KRAENBRING: I have a thought on that. I wouldn't want to be insisting that they alter anything mechanically, you know, from this vantage point. I think that if it had to be inspected first, if you're turning off that breaker that you're not affecting another part of the house. That would be my objection to that. Without actually seeing it, I wouldn't want to be telling someone to disconnect something. MR. DEAN: I just -- quick comment is the fact that when people do things without a permit and you run electrical and things like that in a property where you put an addition on, there's a safety factor. And I know a lot of us are sitting here with our books showing -- and I can show you about six articles where in Philadelphia a woman and her children died because of an electrical fire in an unpermitted condition. And it's the same thing here in Collier County. Yeah, we give them 120 days, but what if something happens in 60 days? Did we do our job? No, we didn't. That should be cease and desist right on the spot when you have a potential electrical problem in a home where people live. Thank you. VICE - CHAIRMAN KRAENBRING: Fair enough. Would you like to put that in the form of a motion? MR. KELLY: I can. VICE - CHAIRMAN KRAENBRING: Please. MR. KELLY: I'd like to accept -- I make a motion that we accept the county's recommendation with an added line, and we can make this 1 -A, if you'd like, it doesn't matter, and that be to -- within Page 19 16 Ari� 24, 2008 f A l 24 hours of receipt of order, the respondent cease and desist use of the two unpermitted additions and turn off electrical breakers to such additions. VICE - CHAIRMAN KRAENBRING: Do we have a second? MR. DEAN: I'll second that motion. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. UESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. Opposed? MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: The motion carries. MR. UESPERANCE: Mr. Chairman, I do have one question. VICE - CHAIRMAN KRAENBRING: Please. MR. UESPERANCE: The turning off the breakers that we discussed, is there some way we can tell that the very next day they're not turned back on? Should they be sealed in some fashion, should they be inspected once a week with an on -site visit by Code Enforcement? I'm just raising some questions. VICE - CHAIRMAN KRAENBRING: Well, I guess the thing is, that's a real possibility that they can turn them back on. But if we've given them notice that we're concerned that that electrical is a hazard, I think we've done what we can do. MR. DEAN: I agree. MR. UESPERANCE: Thank you very much. MR. KELLY: That's true. I'd like to make a comment. VICE - CHAIRMAN KRAENBRING: Please. MR. KELLY: I think the case was well presented. I'd like to thank the investigator. MR. MUCHA: Thank you. Page 20 l rl 11200 A1 VICE - CHAIRMAN KRAENBRING: Thank you very much. MR. MUCHA: Thank you. VICE - CHAIRMAN KRAENBRING: That brings us to item number five under hearings, and that's BCC versus Melkys Borrego. Do we have a respondent here today? (No response.) VICE - CHAIRMAN KRAENBRING: Apparently not. Can we hear from the county, please. MS. MARKU: It's in reference to Code Enforcement Board Case No. 2007080008. The respondent and the board were sent a packet of evidence, and I would like to enter the packet of evidence as Exhibit A. VICE - CHAIRMAN KRAENBRING: Could I have a motion to accept the packet, please? MR. KELLY: Make a motion to accept. MR. DEAN: Second. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. UESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. MS. MARKU: Violation of ordinances Collier County Ordinance 04 -41, Land Development Code, as amended, Section 10.02.06(B)(1)(a), 10.02.06 (13)(1)(e), and 10.02.06(B)(1)(e)(i), Collier County Code of Laws and Ordinances, Section 22, Article 2, Subsection 104.1.3.5, and 106.1.2, Florida Building Code, 2004 edition, Sections 105.1 and 111.1. Description of violation: Garage enclosure with no permits Page 21 6p1 it 24, 2008 converted into living space with full -size bathroom, kitchen, li 1 ng room, laundry room and bedrooms. Location/address where violation exists: 2414 58th Avenue Northeast, Naples, Florida, 34120. Name and address of owner /person in charge of violation location: Melkys Borrego, 19906 Northwest 67th Court, Hialeah, Florida, 33015. Date violation first observed: August 10th, 2007. Date owner /person in charge given Notice of Violation: September 4th, 2007. Date on/by which violation to be corrected: October 4th, 2007. Date of re- inspection: March 4th, 2008. Results of re- inspection: Violation remains and no permits have been obtained. At this time I would like to turn the case over to Code Enforcement Investigator Christina Perez. VICE - CHAIRMAN KRAEN13RING: Can we have her sworn in please. (Speaker was duly sworn.) MS. PEREZ: For the record, Collier County Senior Investigator, Christina Perez. This case is a reference to Case No. 2007080008. This case initiated as a complaint. On August 10th I spoke with the complainant and made a full inspection on August 14th, 2007. The tenant granted entry of consent into the home. Upon inspection, observed that the two -story single - family home which was permitted as living quarters on the second floor and storage and garage on the first floor. The first floor was converted into a second living quarters, including a full -size kitchen, bedrooms, bathroom and a laundry room. The Notice of Violation was posted on the site and mailed to the property owner. Page 22 Qp t1 J4, 20088 Several conversations with the property owner, Melkys Bo ego;'1 has resulted in the respondent advising me that she does not have any money to correct the violation and that she doesn't even have money to pay the mortgage. I did speak with the respondent this morning at approximately 9:08 a.m., and she again advised that she is not attempting to make any changes due to a foreclosure action that has already taken place. And she also mentioned that the last time that she tried to go on the property to see what remains -- she hasn't been on the property since the tenant had been evicted; she evicted the tenant, she hasn't been on the property since -- that she wasn't able to get inside. The key locks have been changed. When I found out that it was a foreclosure and the lis pendance had been issued, I did contact the paralegal at the attorney's office and I also faxed her over the notice of violation so they can make their client aware of the violation. VICE - CHAIRMAN KRAENBRING: Any comments from the board? Any questions of the investigator? MR. DEAN: You did say it was vacant property? MS. PEREZ: At the time -- yeah, at the time that I made the inspection, it wasn't -- there was someone living on -site. But -- MR. DEAN: As of now? MS. PEREZ: As of now, no, it's vacant. MR. DEAN: And she has no key to get in the -- MS. PEREZ: She has no key to get on the property. MR. DEAN: Thank you. VICE - CHAIRMAN KRAENBRING: Any other questions? MR. KELLY: Do you have any photos from the initial? MS. PEREZ: Yes. MR. KELLY: Make a motion to accept the photos. MR. DEAN: Second. VICE - CHAIRMAN KRAENBRING: All those in favor? Page 23 April 24, 2008 MR. DEAN: Aye. 16 I 1 A 1 MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Motion carries. MS. PEREZ: These are pictures of the laundry room that was made in there. And the AC handler is in one of the bedrooms. This is the boiler and the breaker that is in two other bedrooms. So each bedroom had an AC handler, a boiler. So it was obvious it was intended for that purpose. This is where the water from the laundry room was going, which was outside. The AC handler was added as well. You can see the PVC pipe by the chairs on the bottom picture where the water was just coming out to the bottom. It wasn't properly connected. This was a window that was added, and the full -size kitchen and bathroom. And the last picture on there is the door that led from the living quarters into the garage area. And one of the bedrooms there's an outlet on the ceiling. It was in the garage area. And then she added electricity and plumbing connections for the washers. These are added AC vents into the bedrooms. On the bottom where all the shoes are, the tenant said that's where the water ran throughout the house, like on the bottom section. Those are the postings of the notices. VICE - CHAIRMAN KRAENBRING: So we have a situation where it's in foreclosure, it's vacant, she really has no means to -- or maybe no intention of correcting these items? MS. PEREZ: Yeah, from what I gather from her this morning, she says that actions has already taken place and she doesn't even have Page 24 access to it. Apri124, 2008 1611 Ay 1 VICE - CHAIRMAN KRAENBRING: Just out of her hands. Any other questions of the investigator or the county? MR. KELLY: I do. So Christina, basically you have a home that's been converted into two separate apartments. The NOV references a permit pulled in 2005. Is that a permit for the initial structure or to do these changes that have just not been approved or C.O.'d? MS. PEREZ: Yeah, that was for the initial home, yeah. MR. KELLY: And the initial plans don't show -- or it's not approved for -- MS. PEREZ: No. MR. KELLY: -- multi. No further, sir. VICE - CHAIRMAN KRAEN13RING: If there are no further questions, I'll close the public hearing portion of this case and turn it to the board for consideration. MR. KELLY: Make a motion that a violation does exist. MR. LARSEN: I second that motion. VICE - CHAIRMAN KRAENBRING: We have a motion and a second. All those in favor? MR. DEAN: Aye. MR. VESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. Can we have the county's recommendations, please. MS. PEREZ: County recommends that the CEB order the Page 25 f tIJ4,2008 1 respondent to pay all operational costs in the amount of $39966.19 A " incurred in the prosecution of this case and to abate all violations by: Obtaining, if obtainable, a Collier County building permit or demolition permit for the garage enclosure and alterations, including all inspections and obtaining a certificate of occupancy for such permit obtained within 120 days of this hearing or a fine of $200 per day will be imposed until the violation is abated. Also, that the respondent must notify the Code Enforcement investigator within 24 hours of when the violation has been abated in order to conduct a final inspection to confirm abatement. VICE - CHAIRMAN KRAENBRING: Could you put that on the board for us, please. Mr. Kelly? MR. KELLY: Can I make a couple of suggestions? I like county's recommendation, but I would add that the op. costs paid within 30 days. And then also, let me read it again, because I didn't hear any mention of demo. as an option. I think that it was just the permit to approve what changes have been made. And if it's -- I might be speaking on something I'm not very familiar with, but from what I understand you have to get a zoning approval for multi to change it into a duplex. And if they don't get the approval, then they would have to reconvert this back into a single - family residence, and that should be an option listed in the order as well. VICE - CHAIRMAN KRAENBRING: Michelle? MS. ARNOLD: Well, I think her recommendation includes if obtainable. Because -- what's the zoning district? MS. PEREZ: It's Estates. MS. ARNOLD: They wouldn't be able to get a multi -unit structure in the Estates. It's a single - family residential area. So it's noted there if obtainable. 2008p And then there is language, I believe, to obtain a demo pe 1t, if' s that's what would be required. VICE - CHAIRMAN KRAENBRING: I don't know if this is something that the board should be addressing or not, but since this is in foreclosure, and I'm making an assumption I suppose that it's going to be turned over back to the bank, possibly, or to an investor and they're going to be responsible for the fines that are going to be accruing, is $200 reasonable? Is that just going to scare away investors or a bank that was going to want to repair this condition? MS. ARNOLD: I think the fine is probably not really the thing that we're most concerned about. What we're most concerned about is notice to perspective owners so that they're aware that this violation is there and that's something that they need to correct. And, you know, the fine could be modified. If, you know, someone else comes in and fixes the problem it can be waived altogether. So our recommendation is just a standard recommendation for similar violations such as this. So it's up to the board, whatever the pleasure of the board is with regard to the fine. VICE - CHAIRMAN KRAENBRING: Just because with the -- I don't think we've seen this type of foreclosure case recently. And, you know, with the way things are going, we may be seeing more of them. MS. ARNOLD: You will be seeing a lot more of them. VICE - CHAIRMAN KRAENBRING: And I think that is a good point, that they can come always come back and ask that the fine be abated or waived. MR. LARSEN: I'd like to make a motion that we accept the recommendation of the county. MR. DEAN: I'll second that. VICE - CHAIRMAN KRAENBRING: We have a motion and a second. All those in favor? MR. DEAN: Aye. Page 27 Apf 1 , 21008 MR. L'ESPERANCE: Aye. 1 A 1 MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. MS. PEREZ: Thank you. VICE - CHAIRMAN KRAENBRING: Thank you very much. That brings us to Case No. 6, that's BCC versus Adalberto and Martha Garcia. Do we have a respondent here today? MR. GARCIA: Yes. VICE - CHAIRMAN KRAENBRING: Please, if you'd come up and be sworn in. (Speakers were duly sworn.) VICE - CHAIRMAN KRAENBRING: Okay, thank you. We'll hear from the county now. MS. MARKU: This is in reference to Code Enforcement Board Case No. 2007100929. The respondent and the board were sent a packet of evidence, and I would like to enter the packet of evidence as Exhibit A. VICE - CHAIRMAN KRAENBRING: Do we have a motion to accept the packet, please? MR. KELLY: Motion to accept. VICE - CHAIRMAN KRAENBRING: Second? MR. DEAN: I'll second. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. April 24, 2008 VICE - CHAIRMAN KRAENBRING: Opposed? 16 1 1 A (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. MS. MARKU: Violation of Ordinances 2004 -41, as amended, of the Collier County Land Development Code, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i), and the Collier County Code of Laws and Ordinances, Section 22, Article 2, Section 106.1.2, and Florida Building Code, 2004 Edition, Section 105.1. Description of violation: A single -wide mobile home with two unpermitted additions being used as living space, and an unpermitted storage shed in the rear yard. Location/address where violation exists: 120 Jeepers Drive, Naples, Florida, 34112. Name and address of owner /person in charge of violation location: Adalberto and Martha Garcia. Date violation first observed: October 26th, 2007. Date owner /person in charge giving Notice of Violation: November I st, 2007. Date on/by which violation to be corrected: November 29th, 2007. Date of re- inspection: March 19th, 2008. Results of re- inspection: No corrective action taken. At this time I would like to turn the case over to Code Enforcement Investigator John Santafemia. MR. SANTAFEMIA: Good morning. For the record, John Santafemia, Property Maintenance Specialist for Collier County Code Enforcement. This case involves a property, as stated, located at 120 Jeepers Drive. I received a complaint from a tenant at that location on October 26th regarding conditions of the property. The tenant no longer lived at that property, had just recently moved from the property, but he Page 29 1 4, 200$ didn't want somebody else moving into the property with the j 1 A" conditions being the way they were. I did go out to the location on that date and looked at the exterior of the property, noted some problems with it as far as the housing code was concerned. I contacted the owner and met him out there on November I st and did an inspection of the property, interior and exterior. Noted both Minimum Housing violations on the property and what I considered to be permit issued problems. I issued the owner a Notice of Violation with a compliance date of November 29th, 2007. Advised him that he would be best served by having a meeting with the permitting department to find out what he needed to do to take care of those issues. As far as the Minimum Housing part of it, he did take care of those problems very quickly, right away. Those are no longer an issue at this time. However, the property itself had two additions to a single -wide mobile home and an unpennitted shed in the rear yard. He did have a meeting with the Permitting Department and Zoning and the Health Department part of it on November 8th. They advised him what he needed to do to come into compliance. I had subsequent conversations with the owner, and he had retained a contractor to take care of this problem for him. But time kept getting pushed back, pushed back. I spoke to him on February 5th, and he told me that his contractor would be submitting plans by the end of the week. I checked two weeks later and there were no plans submitted, no permits applied for. I prepared the case for CEB. I do have photographs, and I have an aerial photograph and -- photographs that I've taken that I'd like to submit as evidence. MR. KELLY: Make a motion to accept the packet. VICE - CHAIRMAN KRAENBRING: Do we have a second? MR. DEAN: Second. Page 30 '' April 24, 2008 VICE - CHAIRMAN KRAENBRING: All those in�favor.? 1 A 1 MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. MR. SANTAFEMIA: The first one is an aerial of the property -- MS. ARNOLD: Can I interrupt? MR. SANTAFEMIA: Please. MS. ARNOLD: Do we want to ask the respondent whether or not he's viewed the photograph and has any objections? MR. GARCIA: Okay, I don't know if I can give my version of the whole kind of -- MS. ARNOLD: No, no, just -- I don't know if you want to ask him that. VICE - CHAIRMAN KRAENBRING: Have you seen the photographs that they're going to present to us? MR. GARCIA: Because I have the photos here. You want to see it? I don't have any problem. VICE - CHAIRMAN KRAENBRING: Okay. So you have no problem with us viewing them, thank you. MR. SANTAFEMIA: The first one I've labeled Exhibit A is an aerial of the property. As you can see in the -- outlined in yellow in the center is the original single -wide mobile home. And the two additions to the east and west in red are the additions to the property that I noted. The shed in the rear to the north of the property is also in red. MR. KELLY: What year was this taken? MR. SANTAFEMIA: That was taken I believe last year -- 2006. Page 31 JAcIsl Appril 24, 2008 The other photographs I've labeled composite B, 1 composite of 25 photographs of the property. In the first photograph, that's just a view of the front of the property facing the -- that's from the street facing north. The bottom photograph would be the addition that was put on the west side of the structure. Photograph three just shows some debris in the rear yard. Next photograph is also the west side addition from the rear, facing south. That photograph is the rear of the single -wide mobile home. The one below it would be the east side addition from the rear. That is also the east side addition from the rear. That photograph is the shed that was at the location at the time of my inspection. Some more litter and debris on the property. Speaking to the -- what you had already touched on previously about safety issues, that is an electrical wire conduit that is running to the underside of the addition on the west side. As you can see -- well it's hard to see in that photograph, but the conduit has broken away from the connector, and the wires there are exposed at this time. That photograph shows the addition, the front of the east side addition, that's the street side, that's what you would see from the street. There is a little screened in room that was added to the front of that. On the interior of that section is several issues. That's an electrical wiring box with exposed wires. That's also exposed wiring on the interior of that addition. That photograph is the east side addition from the street looking north. That is a sink -- these next two photographs show a sink and a bathroom that were added to the east side addition, all without permits. Page 32 ' April 24, 2008 Next two photographs show -- that's the living spa e6 1 tTie e t 1 side. That photograph is showing the elevation difference between the mobile home, the existing mobile home, and the addition that was added on. These next two photographs are the west side addition. Again, if you look to the right of that photo, that top photo anyway, you can see where the mobile home kind of is above the ground level of what that addition is. That's some closet space in that addition also. Next photo shows the stairs that lead up from that west side addition into the mobile home itself. Again showing the elevation change. That door leads into the -- the stairs that you just looked at previous are to the rights of that doorway. And if you go straight through the next doorway, you're in the addition on the west side. And the last -- I'm sorry, the second to last photograph, that's a photograph from a case that was -- a previous investigator had on that property in 2006 for the unlicensed vehicle. However, I noted that in the background you can see a shed that was there in 2006, and this is the shed that is there now. So the old shed was removed and this was built since 2006 without permits. And the last photo shows the rear, again the east side addition that was put on to the rear of the mobile home. The owner, Mr. Garcia, did his due diligence. I think -- I don't know if he -- I think he ran into a money problem, to be honest with you. But at this point in time he does have two permits applied for, one for the additions and one for the shed. I did not check today. However, as of yesterday those permits were still being reviewed by the county. I believe he has called there today and got some further information about that. As far as I know, the property is still vacant. Page 33 ' 24, 2008 VICE - CHAIRMAN KRAENBRING: Do we have any qu It. April o of the county from the board? Please. MR. KELLY: One question. Some of the photos showed electrical outlets that were exposed. Were those some of the Minimum Housing standards that have been corrected? MR. SANTAFEMIA: No. Those are -- they would normally be a Minimum Housing issue. However, if those issues are connected to an illegal structure, I'm not going to ask him to correct that to the housing code if the structure has got to be removed. If he gets his permits, goes through the inspection process, he will have to correct that in order to pass his inspections. VICE - CHAIRMAN KRAENBRING: Is the property occupied now? Is anybody living -- MR. SANTAFEMIA: As far as I know, my last recheck, it was not occupied. It was still vacant. MR. GARCIA: No, the property is not occupied from probably six months ago. VICE - CHAIRMAN KRAENBRING: One second, sir. Could you please state your name for the record. -- MR. GARCIA: My name for the record? Or ran the property or VICE - CHAIRMAN KRAENBRING: No, what is your name. MR. GARCIA: My name is Adalberto Garcia. VICE - CHAIRMAN KRAENBRING: Okay, thank you. Any other questions from the county? (No response.) VICE - CHAIRMAN KRAENBRING: We'll hear from the respondent now. Please, present your case. MR. GARCIA: Okay. I was checking all the information and appraiser (sic) for the construction of this additions on the property Page 34 April 24, 2008 that I bought in 2005. And I was checking that addition was really �lly in A 1 1985, was making this. That doesn't show this kind of pictures. VICE - CHAIRMAN KRAENBRING: Okay, would you like to enter those photos into evidence so we can -- MR. GARCIA: Yes. VICE - CHAIRMAN KRAENBRING: -- look at them on the board? Okay, can we have a motion? MR. KELLY: Yeah, I make a motion that we accept the images. MR. DEAN: Second. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. Can you maybe put those up on the board so we can see them, please? MR. GARCIA: And I make this letter with my architect that is working with me for solve the problem where I explain what happens with this property. VICE - CHAIRMAN KRAENBRING: Okay. MS. ARNOLD: There's been a motion to accept these? MR. KELLY: I amend the motion to accept the letter from the architect as well and any further documentation. MR. DEAN: Second. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. Page 35 April 24, 2008 MR. KELLY: Aye. 1611 jq VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. MS. ARNOLD: Is this the part that you want? VICE - CHAIRMAN KRAENBRING: What part of these photos do you want us to take a look at? MR. GARCIA: This part. VICE - CHAIRMAN KRAENBRING: Looks like toward the center, right next to that tree. If you want to step over to where the photos are so you can point out exactly where we want to be looking. MR. SANTAFEMIA: And if I may interject just briefly, part of the thing that he was told to do during his permitting meeting was -- is to go back and try to get some old aerial photos to determine when these changes were made that so he would know what code he would have to comply with as far as the building code. I believe that's the direction he's going with these. MR. GARCIA: Okay. The pictures that show here are this one. That's a 1995 -- 1985. 1985? VICE - CHAIRMAN KRAENBRING: And this photo's also MR. GARCIA: Yes -- no, this is 1989. And this -- and this addition was ready (sic) when I bought the property. VICE - CHAIRMAN KRAENBRING: And you purchased the property when? MR. GARCIA: In 2005. VICE - CHAIRMAN KRAENBRING: 2005. Thank you. MR. GARCIA: That's 1989. MS. ARNOLD: Same picture? WMIA April 24, 2008 MR. GARCIA: Same picture. 1611 l MS. ARNOLD: And did you want to see the other -- letter? VICE - CHAIRMAN KRAENBRING: Yes, please. If you want to put that up on the board. This is the letter from the architect? Is this the letter from the architect? Or this is -- MR. GARCIA: Yes. We are doing this letter when I was working with my architect, because my architect and me was trying to fix the problem in January, but when we was ready for submit the papers in Collier County, we can do not thus the submission, because that was my first residence, that was a problem. And I was looking for a contractor that wasn't -- to do the papers and everything for me. And I no was the money ready because I was checking some contractors and I don't have money. And the resource that I find it was to refinance my property and take an equity line for do this kind of process. And this process of my refinance, I finish the refinance in March 17th. And I talked with Mr. Santafemia when I was ready for -- with the money. And he gave me one week. This week was on the 19 and 21 March to submit the papers. And when I submit the papers to my contractor for take the permits and everything, I called to Mr. Santafemia, and my contractor was trying to talk with Mr. Santafemia; and he can't do that. I don't know why. And my contractor submit the papers in March 24. And I have a copy there. That was submitted in 1924 (sic). And now in the process that we have for take the permits, I have the evidence here, and I was yesterday in the Collier County. One of the papers, that issuance (sic) is really only we are waiting for the papers and send it from this for make the payment. In the order, they told me that was ready, but they submitted the papers to second review. And now all the papers in second review. And they told me that probably for next week I can take the two permits. One permit probably for tomorrow. They told me, this person Page 37 April 24, 2008 there. 1611 1 MS. ARNOLD: This is from the county's system. Just showing you what the status of that one permit, under that number, 2008031477. And he's also indicating that this is the other status of the second permit that he needs. It's in second review. VICE - CHAIRMAN KRAENBRING: Any questions of the respondent from the board? (No response.) VICE - CHAIRMAN KRAENBRING: Sir, is there anything else you would like to tell the board? MR. GARCIA: Excuse me? VICE - CHAIRMAN KRAEN3RING: Anything else you'd like to present to us? Anything else you'd like to tell us? MR. GARCIA: I think so that is all for me. VICE - CHAIRMAN KRAENBRING: Okay. You can go over to the other stand, if you'd like. If there are no other questions of the county or the respondent, I'll close the public hearing portion of this case and turn this over to the board for consideration. Any comments or -- MR. LARSEN: Well, I move that we find a violation does exist. VICE - CHAIRMAN KRAENBRING: Do we have a second on that? MR. DEAN: I'll second that. VICE - CHAIRMAN KRAENBRING: We have a motion and a second. All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? April 24, 2008 (No response.) 1611 &j VICE - CHAIRMAN KRAENBRING: Motion carries. Can we hear the county's recommendation, please. MR. SANTAFEMIA: County recommendations are that the board order the respondent to pay all operational costs of $416.05 incurred in the prosecution of this case within 30 days of this hearing and abate all violations by obtaining all required permits, inspections and certificates of occupancies for all unpermitted additions and alterations within 120 days of this hearing or a fine of $200 per day will be imposed for each day the violation continues. Alternatively, the respondent may obtain a demolition permit and remove all unpermitted additions and alterations, obtain required inspections and certificate of completion within 120 days of this hearing or a fine of $200 a day will be imposed for each day the violation continues. The respondent will also notify Code Enforcement investigator, myself, when the violation has been abated in order to conduct a final inspection to confirm abatement. MR. LARSEN I move that we accept the recommendation of the county. VICE - CHAIRMAN KRAENBRING: Do we have a second? MR. DEAN: I'll second the motion. MR. KELLY: I have a comment. VICE - CHAIRMAN KRAENBRING: Please. MR. KELLY: My only concern is that 120 days, if he runs into any review issues or perhaps additional work that may need to be done to bring this to a certain code level, that 120 days might not be enough time. Since the building's not occupied, perhaps a hazard does not exist to any persons. Maybe we should take the step now to grant him a little bit more time in hopes that he can get it done in less time. But if not, he certainly has that legally. VICE - CHAIRMAN KRAENBRING: Do you have a time frame Page 39 Apri124, 2008 you're considering, Mr. Kelly? 161 1 A 1 MR. KELLY: My initial thought was six months. MR. LARSEN: I took into consideration that. And based upon the presentation of the Code Enforcement investigator it appeared that the violation was first observed on October 26th, 2007 and the owner was first notified on November 1 st, 2007. And it doesn't seem to be a great deal of progress. I understand that the -- there are applications pending with the county. So I took that into consideration. And I just thought that basically perhaps if they can't achieve it in 120 days from today's hearing that, you know, we might be back in the same situation. VICE - CHAIRMAN KRAENBRING: Well, certainly if they can't achieve it in that time they're going to come back and ask for more time. And it is nice to sort of take care of this housekeeping up front. MR. DEAN: But also it's nice that a progress report, 120 days, then he comes back, we know where we're at, instead of waiting six months and seeing nothing done. VICE - CHAIRMAN KRAENBRING: Very good point, too. MR. KELLY: Mr. Chairman, I'd feel more comfortable if when -- if we pass this motion if you just explain that to him so he completely understands that he has the opportunity to come back. VICE - CHAIRMAN KRAENBRING: Very good. So we had a motion and we had a second, I believe? MR. L'ESPERANCE: Mr. Chairman, one other question? VICE - CHAIRMAN KRAENBRING: Please. MR. L'ESPERANCE: Perhaps I'm missing something in the recommendation by the county, but I see nothing that prohibits the respondent from having the property occupied, from renting it out during this process. VICE - CHAIRMAN KRAENBRING: Well, he doesn't have a certificate of occupancy. April 24, 2008 MR. L'ESPERANCE: True. 1611 A VICE - CHAIRMAN KRAENBRING: So I don't -- MR. L'ESPERANCE: But is that a clear message to the respondent? VICE - CHAIRMAN KRAENBRING: Would someone like to amend the motion to state that this property may not be occupied? MR. LARSEN: I'll amend my motion that we accept the recommendation with the proviso that the property may not be occupied without a certificate of occupancy being issued by the county. MR. L'ESPERANCE: Thank you. VICE - CHAIRMAN KRAENBRING: And I can see the respondent just wants our attention for one second. So go ahead and just listen to -- MR. GARCIA: Okay. The other thing that I want to do is when I say three years (sic) is that -- and I am not thinking use that additions for living space. I am thinking use for storage. VICE - CHAIRMAN KRAENBRING: Okay, very good. MR. GARCIA: For thats is the permits that I am trying to taken. VICE - CHAIRMAN KRAENBRING: All right, then. So we have an amendment to the motion that the property will not be occupied until all the work is complete and the certificate of occupancy is obtained. We have a motion and a second. All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Okay, the motion carries. Page 41 11KI 21,2008 4 Just so you understand that you do have 120 days in order to get your occupancies, get this work done, or there'll be a $200 a day fine. And that you do have to pay the operational costs at this time. Please understand too that if you do run into problems with obtaining permits or just getting the work completed that you can come back to us and ask us for some relief from those fines or additional time. But we want to make sure that within 120 days that you are doing what you can to get this completed. MR. GARCIA: Okay. And one question. I need talk to somebody for do the inspections in this case. VICE - CHAIRMAN KRAENBRING: One more time, sir? I'm sorry? MR. GARCIA: The inspections -- I need call to Mr. Santafemia for the inspections that everything that I am doing inside the property? VICE - CHAIRMAN KRAENBRING: You can notify him and also the building inspectors who will actually be coming out and physically inspecting the work. MR. GARCIA: Yeah, because I was talking with Mr. Santafemia that my architect is responsible of the affidavit, and she need to check also the progress on this kind of case. VICE - CHAIRMAN KRAENBRING: Very good. Thank you very much for coming today and good luck, and we hope that you're able to comply. THE COURT REPORTER: The respondent has taken the exhibits. Do you want them to stay with the record? MS. ARNOLD: He gave me the ones that they entered. The only ones that he took back is the building -- the CD plus, the county's record. So he has turned them in. VICE - CHAIRMAN KRAENBRING: Very good. All right, thank you very much. All right, I believe that brings us to number eight. Okay, Tereso Page 42 April 24, 2008 Bautista and Emiliana Lopez Vasquez. 16 1 1 a� f' Do we have a respondent here today? 1 (No response.) VICE - CHAIRMAN KRAENBRING: Apparently not. MS. MARKU: This case -- VICE- CHAIRMAN KRAENBRING: Can we please hear from the county? MS. MARKU: This case is in reference to Code Enforcement Board Case No. 2006100651. The respondent and the board were sent a packet of evidence and I would like to enter the packet of evidence as Exhibit A. VICE - CHAIRMAN KRAENBRING: Do we have a motion for accepting the package? MR. KELLY: Motion to accept. VICE - CHAIRMAN KRAENBRING: Second, please? MR. LARSEN: I second it. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Motion carries. MS. MARKU: Violation of Ordinance 04 -41, as amended, of the Collier County Land Development Code, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i). Description of violation: Converted garage into living area and added a bathroom without Collier County building permits. Location/address where violation exists: 3545 23rd Avenue Southwest, Naples, Florida, 34117. Name and address of owner /person in charge of violation location: Tereso Bautista and Emiliana Lopez Vasquez, 3545 23rd Page 43 April 24, 2008 Avenue Southwest, Naples, Florida, 34117. 16 l 1 til Date violation first observed: November 3rd, 2006. Date owner /person in charge given Notice of Violation: November 3rd, 2006. Date on which violation to be corrected: November 28th, 2006. Date of re- inspection: December 7th, 2006. Results of re- inspection: The violation exists. Prepare for Code Enforcement Board. At this time, I would like to turn the case over to Code Enforcement Investigator Patrick Baldwin. (Speaker was duly sworn.) MR. BALDWIN: This case originated as a complaint. It came directly from Jeff Letourneau, Supervisor Jeff Letourneau. I went out there and I met with the owner on 11 -3 -2006, I observed that the garage had been converted into living space. There's a bathroom. There was a kitchen at that time. The kitchen has now been removed. And there was also electrical, more electrical work and an added bedroom. The owner at that time stated that he had just recently bought the house, but -- and the work had been done previous. But it is obvious that some of the work had been just recently done. Not from the owner. I have some pictures. VICE - CHAIRMAN KRAENBRING: Do we have a motion to accept the pictures? MR. DEAN: Motion to accept the pictures. VICE - CHAIRMAN KRAENBRING: Second, please? MR. KELLY: Second. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. April 24, 2008 VICE - CHAIRMAN KRAENBRING: Aye. 161 1 MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Motion carries. MR. BALDWIN: First picture is the outside of the structure. Second picture is the same. Next picture is a part -- that's where some of the kitchen was. And the front right as you walk in, that would be to the north, northwest side of the addition. And that's where the kitchen was. Another view of that. There's the full bath that was added. And there was the bedroom that was recently done. The work that the owner had done -- this was built prior to the owner buying the house. The recent work that the owner did was mostly the tile work and painting. He was doing some improvements. The preexisting plumbing and electrical work had been done prior to the owner buying the house. On 12 -22 the owner met with building department, myself, his contractor, Collier permitting, and the zoning department and we had a preap. meeting. He understood everything he needed to do. And on -- I'm sorry, he met with them on 12 -7 -2006. On 12 -22 he had applied for a permit. Permit No. 2006122085. That permit has since expired. It had failed the health department plan review. And the owner since has put this property into pre- foreclosure. He's going to do nothing with it. So that's where we stand today. I've made several calls to the owner over the last three months and his phone has since been disconnected. I have a copy of the permit, if you'd like to view that as well. VICE - CHAIRMAN KRAENBRING: Yes, that would be fine. We need a motion to accept. MR. KELLY: Motion to accept. Page 45 April 24, 2008 MR. DEAN: Second. 161 1 A 1 VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. And you say this is the permit that has since expired? MR. BALD WIN: Yes. VICE - CHAIRMAN KRAENBRING: Okay. Do we have any questions of the county? (No response.) VICE - CHAIRMAN KRAENBRING: Having no questions of the county, I'd like to close the public hearing portion of this case and entertain a motion for if a violation exists. MR. LARSEN: I move that a violation exists. MR. DEAN: Second. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. Can we hear the county's recommendations, please. MR. BALDWIN: Yes. That the CEB order the respondent to pay all operational costs in the total of $403.70 that incurred in the A ril 24, 2008 prosecution of this case; and abate violations b obtaining, 1 61 1 r' y if obtainable, a Collier County building permit or a demolition permit for the converted garage, requesting all inspections and obtaining a certificate of occupancy for such permit obtained within 120 days of this hearing or a fine of $200 a day will be imposed until the violation is abated. Two, the respondent must notify the Code Enforcement investigator when the violation has been abated within 24 hours of abatement in order to conduct a final inspection. I'd like to add one more thing to that. Because the permit has already been applied for, we are asking for maybe 60 days for this. And it's in pre- foreclosure, so this would be the same as the previous case today with the fine amount for the new owner that would purchase the property. VICE - CHAIRMAN KRAENBRING: Would you put that on the board for us so we can see it? MR. BALDWIN: (Complies.) VICE - CHAIRMAN KRAENBRING: So you're looking to change that to within 60 days? MR. BALDWIN: Yes, sir. VICE - CHAIRMAN KRAENBRING: Do I hear any comment from the board? MR. LARSEN: I move that we accept the recommendation of the county as submitted. VICE - CHAIRMAN KRAENBRING: With the change from 120 days to 60 days? MR. LARSEN: Yes. VICE - CHAIRMAN KRAENBRING: Okay. MR. DEAN: I'll second that. VICE - CHAIRMAN KRAENBRING: All right, we have a motion and a second. All those in favor? MR. DEAN: Aye. Page 47 A ril 24, 2008 Y MR. L'ESPERANCE: Aye. 161 1 MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. I suppose we're in the same situation as before. Thank you very much. MR. BALDWIN: Thank you. VICE - CHAIRMAN KRAENBRING: That brings us to Case No. 10 under hearings. That's BCC versus 2319, LLC. Do we have a respondent for the -- MS. ARNOLD: Mr. Chairman, before we move forward, I have one minor change to the agenda. Under imposition of fines, I'd like to -- the staff requests a continuance of 5 -A -2. There's some issues that the respondent has brought up that we want to clarify before moving forward. VICE - CHAIRMAN KRAENBRING: And that's RPK Enterprises? MS. ARNOLD: Yes. VICE - CHAIRMAN KRAENBRING: Do I need to make that continuance now? Is somebody waiting? MS. ARNOLD: Yes, he is. MR. DEAN: What one is that law? VICE - CHAIRMAN KRAENBRING: That would be No. 2 under old business. MS. RAWSON: You can just remove it from the agenda. MS. ARNOLD: Yeah, we could withdraw it. MR. DEAN: Motion to remove it from our agenda. MR. KELLY: Second. VICE- CHAIRMAN KRAENBRING: All those in favor? April 24, 2008 MR. DEAN: Aye. 1611 �. MR. UESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Okay, we'll be removing that from today's agenda. I'm sure it will be scheduled for later. Anything else, Michelle? MS. ARNOLD: No. VICE - CHAIRMAN KRAENBRING: Okay. Again, back to Case No. 10, BCC versus 2319, LLC. We apparently do not have a respondent here today. Okay, we can swear in the county and hear from them, please. (Speaker was duly sworn.) MS. MARKU: This is in reference to Code Enforcement Board Case No. 2007040334. The respondent and the board were sent a packet of evidence and I would like to enter the packet of evidence as Exhibit A. VICE - CHAIRMAN KRAENBRING: Do we have a motion to accept, please? MR. KELLY: Motion to accept. MR. LARSEN: Second. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. UESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Motion carries. MS. MARKU: Violation of Ordinances 04 -41, the Land April 24, 2008 Development Code, as amended, Sections 10.02.06(B)(1)(a), b 1 1 k�l 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Description of violation: Construction /remodeling/additions of office space done without proper building permits. Location/address where violation exists: 2319 J &C Boulevard, Naples. Folio No. 00245320008. Name and address of owner /person in charge of violation location: 2319, LLC, A.T. Connick as registered agent for 411 East Hillsboro Boulevard, Deerfield Beach, Florida, 33441. Registered agent replaced by Cynthia N. Deshields, 2316 Trade Center Way, Naples, Florida, 34109, and Steven C. Deshields, manager, 2360 Trade Center Way, Naples, Florida, 34109, property owner. Date violation first observed: April 12th, 2007. Date owner /person in charge given Notice of Violation: September 18th, 2007. Date on/by which violation to be corrected: September 18th 2007. Date of re- inspection: February 7th, 2008. Results of re- inspection: Violation remains. At this time I would like to turn the case over to Code Enforcement Investigator Thomas Keegan. MR. KEEGAN: Okay, Code Case 2007040334. This case actually has come into compliance on April 9th, 2008. Operational costs of 518.78 have been paid on April 10th. The county would just request that a finding of fact that a violation did exist be issued from the board. VICE - CHAIRMAN KRAENBRING: Do we have any comment from the board? (No response.) VICE - CHAIRMAN KRAENBRING: All right. If that's all that we have, we'll close the public hearing portion of this case. And do we Page 50 April 24, 2008 have a finding of fact, please. 1611 A l MR. KELLY: I make a motion that a violation did exist. MR. DEAN: I'll second. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. Can we have the county's recommendation? MR. KEEGAN: Well, the violation's abated. VICE - CHAIRMAN KRAENBRING: Abated. So it's just going to be looking at the fine. Okay. And there is no fine. MR. KEEGAN: No, just the operational costs. VICE - CHAIRMAN KRAENBRING: Good enough. That one went too quick. I missed it there. Thank you. That brings us to Case No. 11, the BCC versus Mark S. Bailey. Do we have a respondent here today? (No response.) VICE - CHAIRMAN KRAENBRING: Apparently not. Can we hear from the county, please. MS. MARKU: This is in reference to Code Enforcement Board Case No. 2007100545. The respondent and the board were sent a packet of evidence, and I would like to enter the packet of evidence as Exhibit A. VICE - CHAIRMAN KRAENBRING: Can we have a motion to accept the packet, please. MR. KELLY: Motion to accept. Page 51 April 24, 2008 MR. DEAN: I second that. 16 1 1 A "` 1 VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Motion carries. MS. MARKU: Violation of Ordinances 04 -41, Collier County Land Development Code, as amended, Sections 2.02.03, 4.05.01(A), and 2004 -58, the property maintenance code, as amended, Section 16.2.N. Description of violation: Using designated parking spaces for storage. Location/address where violation exists: 4073/4081 Mercantile Avenue, Naples, Florida. Folio No. 00278320004. Name and address of owner /person in charge of violation location: Mark S. Bailey, P.O. Box 4546, Winter Park, Florida, 32793 -4546. Property owner: Precast Concepts, 5401 Jaeger Road, Naples, Florida, 34109. Daniel A. Russetto as registered agent, business. Date violation first observed: October 5th, 2007. Date owner /person in charge given notice of violation: January l7th, 2007. Date on/by which violation to be corrected: January 30th, 2007. Date of re- inspection: February 27th, 2008. Results of re- inspection: Violation remains. At this time I would like to turn the case over to Code Enforcement Investigator Thomas Keegan. (Speaker was duly sworn.) MR. KEEGAN: This case is also in compliance. It was -- the violation was abated on April 16th, 2008. The operational costs of Page 52 April 24, 2008 406.51 have been paid. 16 1 1 A' 1 Once again, the county is requesting that a finding -- that there was a violation on the property from the board. VICE - CHAIRMAN KRAENBRING: Any questions? MR. LARSEN: I have a question. VICE - CHAIRMAN KRAENBRING: Yes, sir. MR. LARSEN: Date violation was first observed was October 5th, 2007, and the re- inspection was on February 27th, 2008. And the violation remained at that time. Is there any explanation as to why they didn't complete the -- abate the violation before that? MR. KEEGAN: I do not know. It's not my case. MR. LARSEN: I apologize. I realize it's Kitchell Snow's. MR. L'ESPERANCE: Mr. Chairman, also another question I have is first observed October 5th, 2007. Given notice of violation January 17th, 2007? VICE - CHAIRMAN KRAENBRING: You're wondering why so much time was -- MR. L'ESPERANCE: Are the dates backwards? MS. ARNOLD: Probably -- the January date's probably 2008 and yeah, instead of '07. VICE - CHAIRMAN KRAENBRING: Not six then. It's not -- so we'll just change that here. Any further questions from the board? (No response.) VICE - CHAIRMAN KRAENBRING: If not, we'll close the public hearing and can we ask that a motion of the violation existed? MR. KELLY: Make a motion the violation did exist. MR. LARSEN: Second it. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. Page 53 April 24, 2008 MR. KELLY: Aye. 1611 Al VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries that a violation did exist. And operational costs have been paid and there's no fine. Thank you very much. MR. KEEGAN: Thank you. VICE - CHAIRMAN KRAENBRING: That brings us to the last of our hearings, and that's No. 13, BCC versus TT of Pine Ridge, Inc. Do we have a respondent here today? (No response.) VICE - CHAIRMAN KRAENBRING: Apparently not. Can we please hear from the county. MS. MARKU: This is in reference to Code Enforcement Board CES 20080002403. The respondent and the board were sent a packet of evidence and I would like to enter the packet of evidence as Exhibit A. MR. KELLY: Make a motion to accept. MR. DEAN: Second. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Motion carries. MS. MARKU: Violation of Ordinances 04 -41, the Land Development Code, as amended, Sections 5.06.04(B)(2), 5.06.04(B)(4), and 5.06.05(B)(5). Page 54 April 24, 2008 Description of violation: Construction signs display) 6 1 1 A l improperly on property. Location/address where violation exists: 3650 Pine Ridge Road, Folio No. 00287560004. Name and address of owner /person in charge of violation location: TT of Pine Ridge, Incorporated. Terry Taylor as registered agent, 515 North Flagler Drive, Suite B -400, West Palm Beach, Florida, 33401, property owner. Date violation first observed: August 17th, 2007. Date owner /person in charge given Notice of Violation: November 5th, 2007. Case No. 2007080811. 2007. Date on/by which violation to be corrected: November 22nd, Date of re- inspection: February 22nd, 2008. Results of re- inspection: Recurring violation. At this time I would like to turn the case over to Code Enforcement Investigator Thomas Keegan. (Speaker was duly sworn.) MR. KEEGAN: Once again, this case has come into compliance. The violation was abated on April 8th, 2008, and operational costs of 360.09 were paid on April 9th, 2008. The county requests that a finding of fact from the board be issued. And that's it. VICE - CHAIRMAN KRAENBRING: Any questions from the board? (No response.) VICE - CHAIRMAN KRAENBRING: If not, I close the public hearing portion of this case. And can we have a motion? MR. LARSEN: I move that a violation did exist. VICE - CHAIRMAN KRAENBRING: Second, please? MR. DEAN: Second. VICE - CHAIRMAN KRAENBRING: All those in favor? Page 55 MR. DEAN: Aye. MR. L'ESPERANCE: Aye. April 24, 2008 1611 A MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. Thank you very much. MR. KEEGAN: Thank you. VICE - CHAIRMAN KRAENBRING: That brings us to the end of the hearings for today. That moves us into old business, motion for imposition of fines and liens. We're going to hear these individually; is that correct? MS. ARNOLD: Yes. VICE - CHAIRMAN KRAENBRING: Okay. The first one is BCC versus Yunier Ortiz. MS. ARNOLD: Yes, this case was brought before the Code Enforcement Board on November 29th, 2007. At that time a violation was found. And the attached order is provided for your review. The respondent has complied with that order. And the only thing outstanding is the operational costs in the amount of $338.93. MR. KELLY: I make a motion that we impose the order. MR. DEAN: I'll second. VICE - CHAIRMAN KRAENBRING: We have a motion and a second. All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? Page 56 1 April 24, 2008 (No response.) 1611 VICE - CHAIRMAN KRAENBRING: The motion carries. Next case, Case No. 2, was continued, and we agreed to continue that. Number three is BCC versus Ricardo and Magna Munoz. MS. ARNOLD: Okay, this case was heard on just this January 24th, 2008. The finding of fact is attached for your review. And a violation was found. The respondent complied at the time of the hearing. And again, the only thing outstanding is the operational costs in the amount of $270.28. VICE - CHAIRMAN KRAENBRING: We do not have a respondent here today. Do we have any questions from the board, or a motion? MR. LARSEN: I move that we accept the recommendation of the county and impose an order imposing the lien in the amount of $270.28. MR. DEAN: Second. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. The next item is No. 4, BCC versus Sergio Valencia. MS. ARNOLD: Yes, this case was heard on February 28th, 2008. And the order entered into for violation has been provided for your review. The respondent has not complied with the board's order, and Page 57 I Mal 224, 2008 fines have accrued at a rate of $100 per day between Mardi � 115 2A4 through April 8th, 2008 for a total of $800; and continue to accrue because the violation has not been complied with. Additionally, operational costs in the amount of $847.09 has not been paid. So we're requesting at this time to impose a fine of $1,647.09. VICE - CHAIRMAN KRAENBRING: Apparently we do not have a respondent today. Do I hear a motion from the board? MR. LARSEN: I'll move that we accept the recommendation of the county to issue an order imposing a lien in the amount of $1,647.09. MR. DEAN: Second. VICE - CHAIRMAN KRAENBRING: We have a motion and a second. All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Opposed? (No response.) VICE - CHAIRMAN KRAENBRING: Motion carries. Okay, that brings us to the end of old business. We don't have any motions for reduction or abatement of fines or liens today on the agenda. We do have one item of new business that was added to the agenda and that is that one of our board members, Charles Martin, has not been here in three months and they are, from my understanding, unexcused absences. MS. ARNOLD: And Mr. Chairman, I have been reading my e -mail and see that I received an e -mail from Mr. Martin this morning Oil 1 2 4, 2A008 asking for his resignation. So we need -- I guess the board need notA take position on, you know, bringing this to the board. What I'll do is I'll submit that to the Board of County Commissioners and they'll probably advertise for his vacancy. VICE - CHAIRMAN KRAENBRING: We'd like to thank Mr. Martin for his service. Okay, we don't have anything else on the agenda that I can see. No reports, no comments. We have a next meeting date of May 22nd. And if there is nothing else -- MR. DEAN: I had one quick item on comments. If you don't mind. VICE - CHAIRMAN KRAENBRING: Please. MR. DEAN: I know some of my fellow board members probably feel like I do. That some of these issues come up, I saw here '04, and here it's '08 and we're making some decisions. And then some things are in'07 and last meeting was in'06. It would probably be nice if -- or should we do it on individual basis, but Code Enforcement bring us up to date why something took a year or two years in some circumstances. MS. ARNOLD: Sure. MR. DEAN: Because when I see four years I think what are -- you know, are we missing the boat here. MS. ARNOLD: Right. MR. DEAN: Because I go back to that electrical problems and things. So I'm just curious, for information, if that wouldn't be helpful to our board. MS. ARNOLD: Okay. MR. LARSEN: I agree. I think it's vitally important to understand why, you know, there was no compliance when they were first notified, you know, significantly in advance of the hearing. Page 59 �Aprj1214, 2008 MS. ARNOLD: I think a lot -- I think it's got to be handled A case -by -case basis. Because in some case the respondent may have been making progress at one point and then just stopped. But I think it's a fair request. The investigator should provide you with that information. MR. LARSEN: Well, some of the investigators did say that they had communications. And sometimes they were -- the respondents were non - responsive to the investigators, other times they worked with them, and then of course they just, you know, seemingly dropped off the face of the earth. I know two cases here today where the investigator said that basically they reached out to the property owners and there was no response. MR. DEAN: Thank you. I'll make a motion to adjourn. VICE - CHAIRMAN KRAENBRING: Do we have a second? MR. KELLY: Second. VICE - CHAIRMAN KRAENBRING: All those in favor? MR. DEAN: Aye. MR. L'ESPERANCE: Aye. MR. KELLY: Aye. VICE - CHAIRMAN KRAENBRING: Aye. MR. LARSEN: Aye. VICE - CHAIRMAN KRAENBRING: Motion carries. April 24, 2008 1611 A 1 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:38 a.m. COLLIER COUNTY CODE ENFORCEMENT BOARD 0 These minutes approved by the board on presented or as corrected G, Vice - Chairman as TRANSCRIPT PREPARED ON BEHALF OF GREGORY REPORTING SERVICE, INC., BY CHERIE' R. NOTTINGHAM. Page 61 Fiala Halas April 16, 2008 Henning Corte 1 Colette 1611 A2 TRANSCRIPT OF THE MEETING OF THE RECEIVED CONTRACTOR LICENSING BOARD MAY 2 8 2008 Naples, Florida Board ofCoonb April 16, 2008 LET IT BE REMEMBERED, that the Contractor Licensing Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Les Dickson Richard Joslin Eric Guite' Ann Keller Lee Horn Thomas Lykos Michael Boyd Glenn Herriman ALSO PRESENT: Patrick Neale, Attorney for the Board Robert Zachary, Assistant County Attorney Michael Ossorio, Contractor Licensing Supervisor "llwm C ": Dab:_ cf 12y Page 1 G,piesto April 16, 2008 CHAIRMAN DICKSON: Everybody's here. Go d morning. Good morning to you. Mics are on? 6 11 AFr 2 I'd like to call to order the meeting of the Collier County Contractor Licensing Board meeting for April, April 16th, 2008; day after tax day. I'd like to start with roll call to my right. MR. HERRIMAN: Glenn Herriman. MR. LYKOS: Tom Lykos. MS. KELLER: Ann Keller. CHAIRMAN DICKSON: Les Dickson. MR. JOSLIN: Richard Joslin. MR. BOYD: Mike Boyd. MR. HORN: Lee Horn. CHAIRMAN DICKSON: Good morning to everybody. Approval of the agenda. Who's going to be doing that now, Michael? Any additions or deletions? MR. OSSORIO: Ian Jackson will be handling that for us today. CHAIRMAN DICKSON: Okay. Good morning, Ian. MR. JACKSON: Good morning. Ian Jackson, contractor licensing, for the record. Staff has an addition at the end of new business. Calvert Courtney, consideration to reinstate license. And there's a deletion, Case No. 2008 -06, Len R. Mustari is the deletion. MR. JOSLIN: Was what the name of the first addition? MR. JACKSON: The addition is Calvert Courtney. MR. JOSLIN: Thank you. CHAIRMAN DICKSON: Reinstate for what purpose? MR. JACKSON: He was previously in front of the board. His license was suspended pending -- without going into too much detail now. CHAIRMAN DICKSON: Okay. Page 2 April 16, 2008 MR. JACKSON: Pending satisfying some issues. He's looking to reinstate his license. 1611 k2 CHAIRMAN DICKSON: Okay. That's it? MR. JACKSON: That's it. CHAIRMAN DICKSON: Can I have a motion to accept the agenda as amended? MR. LYKOS: So moved. MR. JOSLIN: Second, Joslin. CHAIRMAN DICKSON: All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. GUITE': Aye. MS. KELLER: Aye. CHAIRMAN DICKSON: Aye. MR. LYKOS: Aye. MR. HERRIMAN: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Next is approval of the minutes. Ann Keller has read it. Are there any changes? MS. KELLER: I read the part when you were all nervous that there wasn't going to be a quorum. CHAIRMAN DICKSON: Do I have any amendments to the minutes as they're written? If not, I'll accept a motion. MR. JOSLIN: So moved, Joslin, to accept the minutes. CHAIRMAN DICKSON: Second. All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. GUITE': Aye. MS. KELLER: Aye. CHAIRMAN DICKSON: Aye. MR. LYKOS: Aye. Page 3 April 16, 2008 MR. HERRIMAN: Aye. 161 1 N- 2 MR. HORN: Aye. CHAIRMAN DICKSON: We're there. Discussion. New business, here we go. Angel Carrasco, are you present? Angel? (No response.) CHAIRMAN DICKSON: Not present. Robert Abbondandolo, are you present? MR. ABBONDANDOLO: Yes. CHAIRMAN DICKSON: Robert, if you'll come up here to this podium right here, I need for you to state your name and the court reporter will swear you in. MR. ABBONDANDOLO: My name is Robert Abbondandolo. (Speaker was duly sworn.) CHAIRMAN DICKSON: Okay, so you're here to reinstate your license because you didn't take your -- or without taking your test because you didn't renew it. Anything you want to add to what's already in the packet? MR. ABBONDANDOLO: Everything is pretty much in the packet. I just ask the board to please review it and please understand that it wasn't done intentionally. My history goes back a long way with the county, as well as Lee County and the other surrounding counties. Previously have held a license in my brother's name that we were in business together before he passed on. After he passed on, I continued to stay in the tile business and went and took the test myself. We've held the license since the early Nineties, possibly late Eighties. I went through a little bit of a period of time where I just made an honest mistake and forgot. No other reason. I just ask for the mercy of the board. CHAIRMAN DICKSON: The only thing -- I've got to make a i M. April 16, 2008 statement here, and the board, as we talk about it. Every o e1of tUare here for the same reason. Which really, coming before the board and filling out these packets and going through all that to me is more time - consuming and difficult than just going ahead and taking the test again. Especially when the test is given on a daily basis from Gainesville Testing. But I also see it as a sign of the times. And this is not just for you, it's for everyone that's here, so don't feel like I'm singling you out. It's a sign of the times, because people that didn't really need their licenses previous to this time -- and I'm not saying that's you -- but all of a sudden they'd like to have one so they can go out and do work. Mr. Ossorio, you want to make a comment on this issue? You're seeing a lot of these, aren't you? MR. OSSORIO: Good morning, Mr. Chair. For the record, Mike Ossorio, Contractor Licensing Supervisor. We do. The reason why the code is the way it is, is that it makes the contractor renew his license. I'm sure this is -- maybe this is not the case, this gentleman is from Cape Coral. But I'll give you an example. You're from Orlando and you have one the job in a high -rise. You come down, get your license, pass your exams, workers' comp insurance. You do that one job and you don't -- we send you notice in the mail in September. You do not renew because you say well, I don't have any work in Collier County so therefore why should I renew my license. Then all of a sudden two years later you'll get work in Collier County and then you want to come to our office and say okay, I'm ready to do some work in Collier County, I want to reinstate my license. Well, the code is pretty explicit. After 13 months, if you don't -- if you haven't taken the exam within three years and you haven't renewed in 13 months, you need to reinstate. To reinstate your license, you either have to go in front of the licensing board or you're going to have to take the test again. I don't know if that's a penalty. Page 5 April 16, 2008 This particular gentleman is from Cape Coral. I don t + if that's the case or not. I think he's still active in Cape Coral. He never closed down your (sic) business or changed your name. So it's the pleasure of the board is -- this gentleman didn't renew his license. We only sent him one notice on a five -by -seven card. Or is this gentleman circumventing the system that well, I don't want to pay the $85 a year to keep my license up because I'm not doing any work in Collier. That is your decision. And maybe he can elaborate on that at all, I'm not sure. MR. ABBONDANDOLO: I can assure you, that wasn't the case, to pay the $85 (sic). That was not the case at all. MR. JOSLIN: You are now licensed in Cape Coral? MR. ABBONDANDOLO: Yes, sir. MR. JOSLIN: How did you manage to get your license renewed in Cape Coral but not in Collier County? MR. ABBONDANDOLO: Like I said, it was an honest mistake that I just did not do it. And I have no other reason but that. And I also am licensed in Collier County -- in Charlotte County as well. I just let it slip through the -- it's not a matter of the money. It's not a matter of not having work and wanting to come back and do work. My licenses mean the world to me. That's my livelihood and it has been my livelihood. And that's just honestly the bottom line. It wasn't trying to slip through the cracks and not renew it. Or for that matter, I know I can put my license on hold if I didn't have the $85, which is not the case. I just made a mistake and just did not renew my license. MR. JOSLIN: Were you still working here? MR. ABBONDANDOLO: No, sir. MR. JOSLIN: No. MR. ABBONDANDOLO: As you can see in the packet, I've been working for a company called Fire Service for 12 to 15 years. I know the Maudy (phonetic) family personally. They're a reputable company. April 16, 2008 16 L Any of my relationships are long and lasting. Doesn't mean a .4 2 don't do Mrs. Jones down the road one time and what, but it wasn't the case to try to miss an $85 payment. When the inspector had found out that I had not paid my license, I was sure that I did and had nothing to hide and was like, absolutely I have a license here in the county. And the whole time I had thought I did. MR. OSSORIO: Mr. Chairman? CHAIRMAN DICKSON: Yes, sir. MR. OSSORIO: The licensing board went through a lengthy process of fees, adjustment of fees. And if you recall, that one of the things that we actually put in the fee schedule is back fees. So it's no more well, I'll just come in front of the licensing board and reinstate my license and pay a fee. Now if you haven't been licensed in three or four years or five years, you're going to pay all those back fees. You're going to pay the penalty, the $10 a month for three months, and then you're going to pay all back fees as well, so that has helped. MR. JOSLIN: How long has it been since he has been licensed? I mean, what kind of fees would we be talking about? MR. ABBONDANDOLO: I've been licensed since the early Nineties. MR. OSSORIO: When was your license canceled -- MR. JOSLIN: No, when did your license expire here in Collier where you didn't renew it? MR. ABBONDANDOLO: I think it's two times I missed. Two years. MR. OSSORIO: Probably'06. MR. HERRIMAN: Mr. Chairman, if you hold a real estate license and you fail to renew it, then your license is canceled and you start your 40 -hour school all over again. Likewise, if you have an insurance license and you fail to renew Page 7 gill 16, 200$x„ 1 � it, your license is suspended until you complete your CE credits. k So I see no reason to make any exception in these cases. All they got to do is take a test and pay their fines. So therefore, I move that we not reinstate his license without a test. CHAIRMAN DICKSON: Do I hear a second? MR. BOYD: Second, Boyd. CHAIRMAN DICKSON: 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. LYKOS: Aye. MR. HERRIMAN: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: Sorry. It's unanimous. Gainesville Testing tests every single day. So let's go do it. Charlie Corrado, are you present? MR. CORRADO: Yes. CHAIRMAN DICKSON: I know you're thrilled to come up after that. If you'll state your name and I'll have you sworn in. MR. CORRADO: My name is Charles Corrado. (Speaker was duly sworn.) CHAIRMAN DICKSON: Charlie, I've got -- name your company again? MR. CORRADO: Corrado Decorating, Incorporated. am �jApril 16, 2008 CHAIRMAN DICKSON: Okay. And how long - -1 he i d d yr license in Collier County expire? MR. CORRADO: It expired three years ago. But I did not know, due to my conditions with my mother passing away and then just this last year my nine - year -old niece passing away in Australia. I had to fly back from Australia and we had a job, as I was still working. I had a job where they needed the license and all the paperwork. I went through my bookwork, I couldn't find my new license. So I called up Horseshoe Drive. And then when they told me over the phone that I was not licensed for the last three years, I was totally flabbergasted. CHAIRMAN DICKSON: If -- you say you went through your paperwork looking for your new license. Who would have gotten that new license besides you? You have someone -- MR. CORRADO: I do not understand the question. CHAIRMAN DICKSON: Well, you say you were looking for your new license. Where would your new license have been if you had never gotten one? MR. CORRADO: I had been filling out all the paperwork as it comes in the mail. I've been paying all the fees that were due through Collier County, Marco -- I work in Marco Island. And I thought I had all the right paperwork situated. Nobody had ever really notified me before then that my license was null and void or revoked. CHAIRMAN DICKSON: Okay. So for three years you didn't work in Collier County. MR. CORRADO: No, I have been working in Collier County. CHAIRMAN DICKSON: Did someone catch you working without a license? MR. CORRADO: No, they did not. CHAIRMAN DICKSON: Okay. We see some of those too, they got cited. Aril 16, 2008 16.11 Airs, MR. CORRADO: I wasn't trying to work without a license. CHAIRMAN DICKSON: Okay. MR. LYKOS: I understand there may be some oversights, but I think three years is too long to go to not have ever had it come into your mind that I haven't renewed my license in a while, maybe I should check into that. I just think three years is too long. I think it's time to go take a test and start from scratch. MR. JOSLIN: I have to agree. I'll make a motion -- MR. CORRADO: But nobody has informed me before then. And I filled out my Workmen's Comp. and paid for all the fees. And I would thought that maybe somewhere down the road in the paperwork that it would have been referred to me. It was never meant to be that I didn't mean to, you know, pay my fee or, you know, do my license -ship (sic). CHAIRMAN DICKSON: Well, the one thing you're required to do as a license holder, it says on every one of the licenses that they're supposed to be publicly displayed in a prominent location. And if you've worked around here for any period of time, most of us have four or five licenses as a minimum. So when one comes in, it kind of keys me that I've got to start making sure those others are done as well. So no, it really doesn't -- it doesn't hold water with me for three years. I'm sorry. MS. KELLER: Well, I think we just need to be consistent. It's really hard for us to look at different cases and say, oh, this person really suffered difficulties and this. You know, that's really not our job. Our job is to be consistent and fair to everyone who comes in front of us. And unfortunately for people that come forward without having renewed for periods of years, we have to be consistent and say take the test again. MR. NEALE: Well, what I'd -- I'd just like to refer the board to Page 10 April 16, 2008 the relevant sections of the code so that you -- 16 1 1 A2 CHAIRMAN DICKSON: Go ahead. MR. NEALE: Section 22 -191, (i) specifically says that if as of the date of the receipt by the county of the new application -- this is for someone whose license has lapsed -- three years have passed since the date of his or her most recent examination that the individual passed to acquire the former certificate, that individual must then pass all current testing requirements. So if three years have lapsed, the code is fairly clear that unless this board finds reason to waive the testing requirements -- and that's specifically what you're here for; what this is here for is to waive testing requirements, not to permit a license -- then they have to take the test if three years have lapsed. MS. KELLER: Three years. Does it say three years from the date of the last time they took the test? MR. NEALE: From the date of the last time they took the test, yes. MS. KELLER: So it has nothing to do with -- MR. NEALE: It doesn't even have to -- if the license has only been void for one year but it's been over three years since they took the test, then unless they can bring forth evidence to show this board the testing would be superfluous, then the individual should take the test again. MR. JOSLIN: I think it's pretty much like the other case. If we change now, we're going to be I think jeopardizing ourselves. So I'm going to make a motion that we deny. CHAIRMAN DICKSON: Do I hear a second? MR. HERRIMAN: Second. CHAIRMAN DICKSON: Discussion? (No response.) CHAIRMAN DICKSON: All those in favor? MR. JOSLIN: Aye. Page 11 7 April 16, 2008 MR. BOYD: Aye. 16 1 1 f2 MR. GUITE': Aye. MS. KELLER: Aye. CHAIRMAN DICKSON: Aye. MR. LYKOS: Aye. MR. HERRIMAN: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: Sorry. You've got to study. Douglas Fleischmann, reinstate a painting license. Good morning, sir. MR. FLEISCHMANN: Good morning. CHAIRMAN DICKSON: If you will, go ahead and tell us -- are you finding the packet? MR. NEALE: It's the -- CHAIRMAN DICKSON: Oh, Absentee Home Care. MR. NEALE: -- Absentee Home Care, yeah. (Speaker was duly sworn.) CHAIRMAN DICKSON: Don't you like that, you get ready to swear in and I mumble? She has to turn back. Sorry about that. Tell us how come you didn't renew. How long ago did you not renew your license? MR. FLEISCHMANN: I think somebody in the office said it was two years. CHAIRMAN DICKSON: Two years. MR. FLEISCHMANN: I believe. I just -- the end of September when I went and renewed all my other licenses, I paid all my business tax, occupational licenses. CHAIRMAN DICKSON: Yes, sir. MR. FLEISCHMANN: And that was September 30th, I think. And I went over to contractor licensing. And at that point I found Page 12 16p��116, Zoo 1 out that I didn't have my painting license. Up until that day I didn't know anything about it. I wasn't aware of it. I thought I had a valid license. CHAIRMAN DICKSON: Well, I'm going to -- the other thing I want to do with your file is when you come in here and your license has been terminated or voided, and whether or not we grant you your license without retesting, what this does is your whole -- since you have to renew your license, it opens up your entire file. And it opens up everything. So the thing I'm wanting to look at now before I tell you you have to go test is I want to look at your credit. Because you may very well go retest and pass all your tests, and we're still going to deny you a license because of your credit. MR. FLEISCHMANN: No, I understand that. And I mentioned that in my cover letter to you, that I'm having great financial personal -- personal financial difficulties right now. Worst in my life. CHAIRMAN DICKSON: Can you pull that mic up or get a little bit closer to it? MR. FLEISCHMANN: Yes. CHAIRMAN DICKSON: Say that again? MR. FLEISCHMANN: I said at this point in my life I've encountered some personal financial difficulties, and I'm trying to work my way through it. CHAIRMAN DICKSON: And that's because of the real estate market? MR. FLEISCHMANN: Because of a partner I had in some properties, and he disappeared on me and left me hanging with everything. MR. JOSLIN: Some partner. MR. FLEISCHMANN: Yeah. Well, I thought he was a good friend at one time. CHAIRMAN DICKSON: Yeah, because I do see judgments in Page 13 here. April 16, 2008 16 1 1 A'2 MR. JOSLIN: Yeah. MR. FLEISCHMANN: Personally. CHAIRMAN DICKSON: Personal. But the license goes to you personally. You are the license holder personally. MR. FLEISCHMANN: Yes, sir. CHAIRMAN DICKSON: So your credit is affected by it. MR. LYKOS: Your license expired September 30th of'05. CHAIRMAN DICKSON: So it's been two and a half years. MR. JOSLIN: I'm sorry, I'm going to have to make the same motion to deny at this time. CHAIRMAN DICKSON: Well, what I'm trying to do, and I think we're probably going there, and I'm not trying to put your motion down, but are we going to approve this credit? MR. JOSLIN: No. CHAIRMAN DICKSON: Mr. Neale, am I off base here? MR. NEALE: Well, you're absolutely correct in stating that when he comes forward you are reviewing the whole license. You're not just reviewing -- you are reviewing the ability to waive the testing requirement for reinstatement, but you are reviewing the whole application, frankly, at this point, even though the only issue really in front of you is whether to waive the testing requirement. However, the whole packet has been submitted and can be considered. You know, the creditworthiness of the individual is something to look at, but the primary credit to look at of course is the corporation in an issue where the license is held by the corporation. So -- CHAIRMAN DICKSON: Okay. So it's got a shot through the corporation. But we still do consider you personally as well. MS. KELLER: How many employees do you have? MR. FLEISCHMANN: Just myself. Occasionally I'll use some part-time people from one of the labor providers. But I try to do most of the work myself. Page 14 6 , pll 12008 CHAIRMAN DICKSON: Does painting fall under handyman? MR. OSSORIO: No. Painting is -- there's a handyman exemption under 489. This gentleman has a couple of licenses: He has a handyman license and he has a painting license. I believe he's renewed all his occupational -- his business tax receipt. And then he was notified by our office or found out that he didn't renew his certificate. CHAIRMAN DICKSON: Yeah, he's got a janitorial license in Lee County. He's got quite a few licenses. MR. FLEISCHMANN: I have a painting license in Lee County also. CHAIRMAN DICKSON: Do you? MR. FLEISCHMANN: Uh -huh. I had one in Charlotte County. I let it go a couple years ago. CHAIRMAN DICKSON: I've got a motion to deny the request. MR. LYKOS: Second, Lykos. CHAIRMAN DICKSON: 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. LYKOS: Aye. MR. HERRIMAN: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: We're not going to grant it without retesting. I think we kind of gave you a feel for your credit. You go take the test and come back. Page 15 April 16, 2008 1 Uest, MR. FLEISCHMANN: If I take the test and I pass c?d probably still deny me because of my personal credit; is that correct? CHAIRMAN DICKSON: I can't give you a ruling on that. Except if the corporation is clean as a whistle. You're going to have to be the best judge of that yourself We can't rule on that without all the documents in front of us. I'm just saying it's going to be an issue that will have to be looked at. MS. KELLER: But your personal finances are also considered because you would be the license holder -- MR. JOSLIN: I would say -- MS. KELLER: -- for the company. MR. JOSLIN: -- if you were trying to work through it, you need to come back before us. And your corporation was clean and your personal is -- you're trying to work through all these problems and maybe paying some of them off and working at it may be a better avenue for it to be approved under those circumstances. But if we see no action on it and it's still the same as it is when it's here today, then I -- you know what's going to happen. MR. FLEISCHMANN: Okay, thank you. CHAIRMAN DICKSON: Wish you well. Angel Carrasco, are you present? MR. CARRASCO: Yes. CHAIRMAN DICKSON: If you would, state your name. MR. CARRASCO: Good morning. Yes, Angel Carrasco. CHAIRMAN DICKSON: I'll have you sworn in. (Speaker was duly sworn.) CHAIRMAN DICKSON: Good morning, sir. MR. CARRASCO: Good morning. CHAIRMAN DICKSON: I've read your letter. Lot of problems in your life in the last few years. MR. CARRASCO: In the last two and a half, three years, yes. Page 16 April 16, 2008 CHAIRMAN DICKSON: But you were still makingnIole X Z bringing money home for somebody. MR. CARRASCO: Well, the maintenance division, the maintenance crew was working as far as -- you know, one side of the business was working. I wasn't able to work with them. We lose a lot of customers just because the reason that I wasn't able to be around. We talk to my customers and we tell them the situation that we were going through. Some of them, you know, they say well, we'll decide to stay with you and see what happens. Some of them, they stay with us for a while and then they just let go. When I find out about my license, I believe it was in September or October, they tell me to bring the paperwork and they reinstate my license. So they give me until December the 20 something to do that. And December the 15 or the 20th, my ex -wife in Mexico got sick. And I have a son with her, so I went back to help her out. She was sick, you know, for all those days. Finally she passed away on January the 7th. So between the wife -- my wife, my three kids and all those things that piled up together, you know, I just got through that, I didn't have a head for anything else. CHAIRMAN DICKSON: How long has it been since -- when did it expire? MR. CARRASCO: I believe it was in 2006. CHAIRMAN DICKSON: Say that again? MR. CARRASCO: 2006.2006. I think it was -- I'm not sure if it was September, December, but it was in 2006 when it expire. And like I said, last year I went to the office and they tell me to bring all the paperwork, so I did. But I couldn't come back and do the final paperwork because of the situation with my ex -wife. So we went back. Through all this times my wife here in Naples, she's been going through different surgeries. Last one -- I mean, she was having one just about every year. And then about eight weeks ago she had one and the last one was about four weeks ago. Page 17 16 tPf 1 1612008 So -- and I have three kids, as you see in my letter. And all three of them go to the school, and they have different timings to go to school. So between taking care of the kids and the wife and all that, I mean, I've got to be honest, I didn't have a head for anything else. Even though I lose, I will say, 40 percent or better of my customers, you know, we still have been able to survive, even though if you see my -- actually, we don't have anybody -- my banking statements, but we have a lot of, you know, overdraw fees and stuff. I have a foreclosure pending in my house. Now we work it out something with them, we give them some money and we going to start making payments so we don't lose the house. CHAIRMAN DICKSON: Let me ask you: How many employees do you have? MR. CARRASCO: It's only two employees. CHAIRMAN DICKSON: Two employees. So you had a lawn service mowing -- MR. CARRASCO: Uh -huh. CHAIRMAN DICKSON: Yeah, that's what you were running? MR. CARRASCO: Yes. CHAIRMAN DICKSON: And you could not work. MR. CARRASCO: Yes. CHAIRMAN DICKSON: Only thing I'm looking at this, guys, as we look at his packet, his occupational licenses are up to date, his state registration is up to date, his insurance is there. I mean -- MR. JOSLIN: I don't see Workmen's Comp. MR. NEALE: Well, and the only examination for restricted landscaper -- I just want to make sure Mr. Ossorio and I are on the same -- is a business and law. MR. OSSORIO: No, that's not correct. That has changed. MR. NEALE: Oh, because of the tree trimmer. MR. OSSORIO: Tree, yeah. He has to take an additional exam. April 16, 2008 CHAIRMAN DICKSON: Oh, the tree -- 16 11 A MR. OSSORIO: He's going -- unfortunately he wants his irrigation, so he would have to take the irrigation exam, the two -hour business procedure test and also take the tree exam. Angel was notified that -- in December he was notified that he had to renew with some penalties. Unfortunately that's the cutoff, December 31 st. January 1 st is over 13 months. So he's about 110 days over. CHAIRMAN DICKSON: But you had the irrigation before? MR. OSSORIO: Uh -huh. Yeah, you could see he had his irrigation. MR. CARRASCO: Yeah, I was on irrigation. And, you know, tree installations, we never done any trees. We never touch trees. MR. OSSORIO: Yeah, but you were -- he was allowed to do trees. He didn't want to do trees, that's fine. MR. CARRASCO: Oh, yeah, we were allowed. But no, I never touch trees. MR. OSSORIO: But he would have to -- if the -- CHAIRMAN DICKSON: Did we do something with them to where they had to take in a certain period of time some -- MR. NEALE: No, what the code was changed to is that any new applicant for a landscaping license would have to pass the tree exam. CHAIRMAN DICKSON: The tree exam. MR. NEALE: And he would fall under the new applicant definition, because his license lapsed. CHAIRMAN DICKSON: So there's a separate tree exam. MR. NEALE: Yeah. MR. JOSLIN: So in fact if we were (sic) to approve this license that he's asking for today without taking the test, then he would be able to do trees also without taking the test. MR. NEALE: Correct. Because what you're waiving actually is two examinations -- April 16, 2008 MR. JOSLIN: Right. 16 1 1 k2 MR. NEALE: -- for this -- actually three examinations for this -- under this. You're waiving the irrigation exam because he has an irrigation license, you'd be waiving the business and law exam, and you'd also be waiving the tree exam. In order to waive all of those, you would have to have evidence presented and put on the record that he has adequate knowledge and experience in all of those areas to waive all three of those exams. CHAIRMAN DICKSON: Or we could waive two and require one. MR. NEALE: That's the board's prerogative, sure. MR. JOSLIN: Could we waive two and restrict one? CHAIRMAN DICKSON: I'm thinking make him take the tree exam. MR. JOSLIN: Tree exam? CHAIRMAN DICKSON: Sure. MR. HORN: Mr. Chair? CHAIRMAN DICKSON: Yes. MR. HORN: Question. At the end of the credit report, I can't tell if this is against the personal report or the company's business report, there's a state tax lien listed. It's after the list of reference checks and all that on the credit report on the next page. CHAIRMAN DICKSON: That thing's hard to read. MR. HORN: Yeah. CHAIRMAN DICKSON: Can you read it? Your eyes are better than mine. MR. HORN: Says state tax lien, 12/3/07 in the amount of 3,359,1 think. It might be 38. I can't tell. I'm just not sure if that's personal or corporate. MR. JOSLIN: Could you advise us a little bit on this? MR. CARRASCO: I think it's got to be my personal. I don't think -- I don't have a copy with me, but I think it was my personal. Page 20 11 `grip 16, 2008 6Because like I said, the worst thing on my credit right nowt is we've been late in every single thing on my personal record. Because like I said, money is very short right now. I mean, very short. The business, we haven't had -- I mean, not one thing on it. It's just my personal. I mean, you can see it all over the place in my bank accounts and everywhere. I mean, I've been late on everybody. And, you know, we talk to everybody and now with -- they taking payments and now we're getting, you know, almost update with our payments. MR. HERRIMAN: On Page 05 where the tax lien appears, that's a company report. That's not personal. MR. HORN: That's what I wasn't sure on. Thank you, sir. MR. JOSLIN: So it's a business tax lien. MR. OSSORIO: Business tax. MR. HERRIMAN: Yeah. MS. KELLER: I'm a little concerned that -- MR. CARRASCO: That's the tax lien? Well, we make payments on that. Our taxes as well, too. We're making payments in every single thing right now. Obviously it's going to take me some time before I can get updated, you know, with all my payments, so -- MR. JOSLIN: I don't know, but I'm seeing a whole lot of negative things here. MS. KELLER: I just want to go back and say how consistent we have to be as a board in dealing with these things. And we're going to see many more like this because of the economy. And as you can see, we've had -- everyone who's come in has had a family problem along with the financial problem. So, you know, as a board we need to decide how we're going to handle these, because -- MR. CARRASCO: Well, before those two years, I mean, we were having no problems once our license was fine, everything was fine. I mean, permits we pull out, everything was -- I mean, we have never Page 21 April 16, 2008 1611 2 been cited, we have never been any bad records as far as our compaA. The problem start after my wife got sick and we started -- I mean, I just let go of my work. I mean, basically I wasn't really working. You know, that's when my problems start. I mean, I don't want to ask you for something that I know I wasn't unfair (sic). But, I mean, it was something that we didn't ask for, you know. And I know it's not your fault, but, I mean, it was something that we just been trying to work as much as we can. And try to -- everybody. I mean, talking to everybody from mortgages to tax collectors to hospitals, medical bills. I mean, medical bills for my wife has been, you know, one after the other. And we have one of the kids that we go to the school, actually we have to pay for the other school. So we cut her time in half. So we didn't pay anything, because they have like federal, you know, aid. So they help us with that so she didn't lose the school. But I mean, we've been cutting all the corners try to make, you know, all the payments to be brought it up to date with it. MS. KELLER: With my consumer hat on, I say what is the risk to the consumer in giving a license to somebody in this financial situation and in this accountability situation? And so if we use a blanket for all different types of licenses, I'm not sure that's the right thing, either. Because in his case he's taking care of someone's lawn and they're paid monthly. And so there's not a whole lot of risk to the consumer. And some type of contractor where you have to give them money up front, yes, there's a huge risk. So I don't know if we need to think more about how we're dealing with these and look at them based on, you know, what is the risk to the consumer, and helping this person in their trade to get back on their feet. CHAIRMAN DICKSON: Well, and I think you fall under the same category of the gentleman before you. You fortunately have an advantage. You're still in business. You can still do lawns. MR. CARRASCO: Kind of, yes. Page 22 ((April 16, 2008 CHAIRMAN DICKSON: Only thing we're talking`abo J A is2 tree trimming and irrigation. MR. CARRASCO: Basically tree -- I mean, the irrigation. We don't do tree trimming. I mean, I know it's required, but, you know, it's one of the things that -- CHAIRMAN DICKSON: But you're still in business. MR. CARRASCO: Uh -hum. CHAIRMAN DICKSON: You're also a bright individual. You could easily pass that test. There is a new tree trimming guideline that we did institute that you're going to have to learn, and that's good. I consider that continuing education. So -- and you know when you come back and you pass those tests -- and they're given daily -- after you pass those tests, you know that you've got a credit issue and you can prepare yourself to come before the board with that credit issue. So we're not shutting you down. MR. CARRASCO: So what does that credit issue mean? Now that -- even if I still making payments with them and even though if we were behind, when I come back to you and we still owe money, even though that we make payments, then you're going to deny it? CHAIRMAN DICKSON: If you show responsibility and you show that you're making payments. The fact that you tell me you're making payments means nothing. If you have letters from these people that they have made an agreement with you. You're smart enough to figure out what we want to see. Okay, I'm not saying it's going to pass, but you're smart enough to figure out what we need. MR. NEALE: I'd like to make one point just -- CHAIRMAN DICKSON: Mr. Neale. MR. NEALE: -- based on the definition within Collier County Code and state statute and rules as to what financial responsibility is Page 23 April 16, 2008 comprised of, as contained in the Florida Administrative gc�el 1 a,. 61 G4- 15.006. And the part two is the financial responsibility grounds on which the board shall refuse to qualify an applicant. Shall include in part B is the existence within the past five years preceding the application of an unsatisfied court judgment rendered against the applicant based upon the failure of the applicant to pay its just obligations to parties with whom the applicant conducted business as a contractor. So if there's an unsatisfied court judgment out there, the state rule is fairly clear that you shall deny it. CHAIRMAN DICKSON: That's the corporation, correct? MR. NEALE: That's the corporation. CHAIRMAN DICKSON: Which even with the man before, it was not the corporation. And here -- does that consider -- does that consider taxes? Does that fall under that purview? MR. NEALE: Well, that's the verbiage that makes it unclear to this situation. And obviously that's not something -- I'm doing this more for Mr. Carrasco's ability to know what he needs to do if he comes back, is that: It's the failure of the applicant to pay its just obligations to parties with whom the applicant conducted business as a contractor. This appears to be, you know, based on the little bit of evidence here, a state tax lien of some sort. MR. LYKOS: So we would have the subjective ability. If he wrote a letter saying that he was making payments on this debt, subjectively we could say that that takes him out of the realm of not fulfilling that obligation. MR. NEALE: Right. CHAIRMAN DICKSON: And we can -- MR. NEALE: The board has pretty broad latitude. Because the real definition is the financial responsibility is defined as the ability to safeguard that the public will not sustain economic loss resulting from the contractor's inability to pay his lawful contractual obligations. That's Page 24 April 16, 20 161 1 p.. the full definition. CHAIRMAN DICKSON: And we can do probation where we monitor him. There's lots of things we can do if we feel the individual's making an effort. MR. JOSLIN: So let me get this straight now. Is there a possibility that we can just continue his landscape license and restrict the other two licenses until he takes the test? So it doesn't really stop him from totally working but -- MR. NEALE: The landscape license, as it currently is constituted in the code, requires the tree trimming. MR. JOSLIN: You have to have that. So we can't restrict him in -- MR. NEALE: If he comes in with a new application, which I would suggest that this probably should be deemed a new application, then he would have to take -- either take or have waived the tree trimming test. MR. JOSLIN: So we're either going to grant this or we're not. CHAIRMAN DICKSON: So lawn service is under occupational, isn't it? MR. CARRASCO: It's under occupation. So in other words, I have to take the tree test, the tree trimming test? CHAIRMAN DICKSON: Well, we haven't gone there yet. MR. JOSLIN: Not yet. What's the pleasure, gentleman? Should I be the bad guy? CHAIRMAN DICKSON: I'll make the motion. I move that we deny the request and that Mr. Carrasco be required to take all three tests. MR. JOSLIN: I'll second the motion. CHAIRMAN DICKSON: Discussion? (No response.) CHAIRMAN DICKSON: You're still in business. Discussion? Page 25 April 16, 2008 MR. LYKOS: Where does that leave Mr. Carrasco`?' l 6 1 1 k2 CHAIRMAN DICKSON: Mr. Carrasco, before he gets tree trimming and irrigation, is going to have to pass those three tests. MR. NEALE: But he is still -- he still can do lawns. CHAIRMAN DICKSON: He can still do lawns. That's under an occupational license. MR. LYKOS: Okay. CHAIRMAN DICKSON: So he's got his monthly service coming in. But he's going to have to go take those three tests and then he can do a new application with those tests to get the irrigation and tree trimming. And we can address the credit issue at that. And we've given him guidelines for the credit issue. MR. LYKOS: I understand. CHAIRMAN DICKSON: Any 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. LYKOS: Aye. MR. HERRIMAN: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: Study. It's Gainesville Testing. Calvert Courtney? Mr. Courtney, I need for you to stand, state your name and I'll have you sworn in. And then I do recognize that you're being Page 26 Aril 16, 2008 l 11 A2 represented by counsel and I can let him take the lead at that time. MR. COURTNEY: My name is Calvert Newton Courtney. (Speaker was duly sworn.) MR. SC14NEIDER: Michael Schneider, on behalf of Mr. Courtney. CHAIRMAN DICKSON: Mr. Schneider. MR. SC14NEIDER: Good morning. CHAIRMAN DICKSON: Pat, do you want him over there? MR. NEALE: No, just there's a microphone over there if he feels more comfortable. CHAIRMAN DICKSON: Mr. Schneider, you're not going to offer any testimony or anything, are you? MR. SCHNEIDER: Actually, I might. CHAIRMAN DICKSON: Okay, I need to have you sworn in, then. (Speaker was duly sworn.) MR. SCHNEIDER: Basically I'm just here to answer some questions, if you have any. Mr. Courtney's going to address the board. CHAIRMAN DICKSON: As you all speak, I need to make sure you're close to that mic. Okay, I don't know what we're here for. What are we here for? We suspended your license. MR. NEALE: The order as issued in March of last year was that the license was suspended due to a failure to renew. Suspension was to remain in place until all actions set out in the order were successfully completed. And he filed a full and complete application with the board -- with the Contractor Licensing Department. And then that license had -- that application had to be reviewed and approved by the board. So he had to come back here in order to get his license reinstated. MR. SCHNEIDER: That's correct. MR. JOSLIN: Do we have a packet that was issued by him? CHAIRMAN DICKSON: We have this. Page 27 April 16, 2008 MR. JOSLIN: Oh, this is it. Okay. 1611 I2 MR. COURTNEY: Board, can I make an opening statement? CHAIRMAN DICKSON: Yes, sir. MR. COURTNEY: Again, my name is Calvert Courtney. I've been in this business a very long time. I'm 52 years old. I'm a fourth generation native Floridian. I'm degreed in horticultural. I'm a Florida certified horticulturalist. Been in the paver business a long time. I have, in my book of business in Collier County since the year of '021 20021 790 clients. We've had problems with 10. 1 wish I could tell you today it was none. But I have a long history of performance and integrity. There's some events that lined up in my life that were very, very unusual. And as we go through this today and you look at this group of information, I think you will agree. And it culminated in some wrong actions on my part and you took my license and rightfully so. And I hurt some people financially. I have brought on board to help me satisfy some of these problems Mr. Mike Schneider. Mike's done some due diligence, understanding that as an applicant I don't have a lot of credibility but Mike as a third party does. We have met the majority of the conditions to request for the license back. And I'd like to go through this information and show you what we've done with these folks. And Mike has done most of the footwork on this, thank goodness. But I'm going to ask for a few minutes of your time and some focus today, because there are some very unusual things that are in this package. And when you begin to see them, you'll see the problems that have evolved in my life and how they culminated in affecting my client. CHAIRMAN DICKSON: Okay, let me give you some direction. What we are interested in is what you did on page number three with the requirements that we put upon you at that hearing. Specifically one through -- how many are there? One through six. OEM 11 April 16, 2008 MR. COURTNEY: Yes, sir, there are several itemskrl. Them -2 were four people and one condition. There's a $2,000 investigative fee. Mr. Schneider has a cashier's check to the Collier County Board of Commissioners for the $2,000. If you will go over to section two, the orange tab. MR. JOSLIN: If I could just put you on hold one second. Mr. -- what's the gentleman's name here? MR. SCHNEIDER: Schneider. MR. JOSLIN: Mr. Schneider, what capacity are you, attorney? MR. SCHNEIDER: I'm an attorney, yes. MR. JOSLIN: Attorney, okay, just so I know. You can continue. MR. COURTNEY: If you go over to number two, what we have done here, what Mr. Schneider has done, is contact the entities that were involved. And we have worked out some agreements that they're happy with and that I'm happy with. And they are a substantial down payment on the indebtedness, and Mr. Schneider to manage the monthly repayment of these people. All the monies are to come into his firm and he'll disperse them. He's personally spoken to those people and we've worked out a deal that they think is equitable and that I think is manageable. This all hinges on the ability to go to work. To execute the enclosed promissory notes without the ability and the capacity to pay is irresponsible. So what I'm here today to do is to hope I can reach an agreement with you guys that I'm making my very best effort to satisfy every demand and that I can also go to work for my family and my life as well. I'm concerned for my clients and my children and myself. And what I've done is my very best effort at that. I currently have a business tax receipt and an occupational license. I've been doing simple things, mowing grass. I've gone from an $800,000 a month business and 31 employees and 32 acres of nursery to me. And I'm willing to build that back, if you guys will give me an Page 29 April 16, 2008 opportunity. 16 1 1 From a perspective of the credit -- as I've sat, I've really gottA ar� education this morning listening to you guys. The name of the license was Brickstone Pavers. If you look in section two, there is nothing credit -wise in Brickstone Pavers negative at all. There is, however, a number of items on my personal side. There is one with Winfield Building and Development Corporation for a home that we did down in Port Royal. And we have struck a deal -- Mike has, and you're welcome to ask him to verify anything that I say -- we have struck a deal with WBDC, and they're very content with it. Everybody that we have dealt with seems happy with our earnest money on the front end and the agreed on monthly payments and the imposed monitoring system with Mr. Schneider being involved. CHAIRMAN DICKSON: Where is that? MR. COURTNEY: The promissory notes are in chapter two, are in section two. And you'll see the promissory note with a photocopy of the cashier's check as the earnest money right behind each note. Now, these have not been executed. Mr. Schneider has their verbal agreement. They have not been executed again, because without the license I don't have the capacity to honor the monthly commitments. So it's a tough situation, you guys. In the credit report on my personal, you're going to see two things: One is Collier County Government, which is Winfield Building -- or Collier County Civil Court, which is Winfield Building and Development, and that's one of the ones that we've arranged -- CHAIRMAN DICKSON: How did you end up? Explain that. What happened? MR. COURTNEY: I had a series of events that happened in my life. One of them -- CHAIRMAN DICKSON: I'm talking about the job. MR. COURTNEY: The job. I lost key people. My son, who was my right -hand man, is now in prison. And it collapsed, my organization. Page 30 April 16, 2008 And I was way administra -- 16 1 1 A-2 CHAIRMAN DICKSON: You were doing -- okay, you're going into a whole lot more than what I'm -- you were subcontracted with Winfield Building. MR. COURTNEY: Pavers and Landscaping. CHAIRMAN DICKSON: Okay. On a job in Port Royal. MR. COURTNEY: Green Dolphin. CHAIRMAN DICKSON: Did you do the job? MR. COURTNEY: Yes. CHAIRMAN DICKSON: Okay, but you didn't pay your suppliers. MR. COURTNEY: There was an irrigation contractor that we did not pay. CHAIRMAN DICKSON: Oh, you didn't pay, okay. So that's where the lien came from. MR. COURTNEY: That's it. CHAIRMAN DICKSON: Okay. MR. COURTNEY: Clay Winfield paid him, paid Alan, and then put the lien on me. CHAIRMAN DICKSON: Gotcha. Okay. MR. COURTNEY: The second that's listed on my personal credit report that is a judgment is a Hillsborough County Circuit Court Federal Tax Lien. And I have another document back here in Section 7 that I'd like you to look at that shows this lien satisfied. CHAIRMAN DICKSON: Is this the 10,000? MR. COURTNEY: No, it's the 1 1,100 is Winfield. It's the one below that on the end balance report, you guys. CHAIRMAN DICKSON: I'm trying to stay with you, but you're not -- MR. JOSLIN: 10,000 one? MR. LYKOS: The 2,000. Hillsborough tax lien is 2,000. Page 31 1611 ril 16, 2008 MR. SCHNEIDER: For 1995. A 2 MS. KELLER: Can we look at this when we have more time to look through the material? I mean, I don't even have a copy, and you're hogging it. MR. SCHNEIDER: I have an extra copy, if you'd like. MR. NEALE: Yeah, there's extra copies. CHAIRMAN DICKSON: First time I've been called a hog. MR. JOSLIN: From what I'm gathering out of this whole package at the moment is that this is more or less an offer to the board members for us to go back and change our findings of fact and conclusions of law when we took this penalty and placed this penalty upon him. And I believe what he's trying to do is to say to us that if we will waive this order that we've given already and put it on temporary hold and allow him to work, that he will take care of certain items on the penalty that he was given. Which I'm not really fond of doing that at the moment. It seems like since this order came down you haven't acted on any of it, other than trying to put something together. Am I true? Have you paid a red dime on anything that you owed? MR. COURTNEY: There's a reason for that. MR. JOSLIN: No, I'm asking a question. Did you pay a red dime on anything that's been owed? Sorry, a silver dime. MR. COURTNEY: There are cases that were paid that were not reported to you. There were other clients that have not come through this particular -- not come through Collier County Licensing that went through civil process. Yes, I have paid some. There is one mitigating circumstance here. MR. JOSLIN: But the reason why your license is placed on hold and the actual order of the board was for you to do certain actions, and that would reinstate -- or get your license reinstated or could get your license reinstated if you acted on those items, which those you haven't acted on. Page 32 April 16, 2008 MR. COURTNEY: Can I give you a reason for th16 I 1 A 2 MR. JOSLIN: You can. MR. COURTNEY: Thirty days after this meeting I went to a hearing for child support in Manatee County. My attorney had arranged a situation supposedly that I was to be there 15 minutes. MR. SCHNEIDER: Not me. MR. COURTNEY: No, not Mike. The attorney had a sleep disorder and had not arranged this, had personal problems. I went to jail. I've just gotten out. Over indirect non - contempt -- indirect non - criminal contempt of court. MR. JOSLIN: That wasn't you, though, right? MR. SCHNEIDER: No, that was not me. MR. LYKOS: I'm not comfortable overturning a previous board's requirements, I don't care what the circumstances. I just don't like the idea of going back on what -- there was a previous board that heard all the circumstances that made a decision, and I'm just not comfortable overturning what a previous board decided. MR. SCHNEIDER: Can I say one thing? I understand all that and respect it. The reason is -- why I contacted all the people that are listed in there was because I think it's in the interest of the consumers, the clients, the people who lost their money, to get their money back. And that's what we're attempting to do. He quite frankly does not have the financial wherewithal to satisfy that. He's doing the very best that he can do to come up with and make them happy. I've spoken to them all, they are all happy with this agreement. It seems like it would satisfy the spirit and the intent that the board is trying to do. MR. JOSLIN: I can appreciate that fact and those words. However, I just can't fathom the fact that nothing has taken place since this order came down. I mean, I understand that now you have a $2,000 check that you're Page 33 I� April 16, 2008 willing to give to someone here to pay off something, ands inki4 is 2 going to happen if we reactivate your license or allow you to work. And that's not going to happen in my book. CHAIRMAN DICKSON: Mr. Neale, have you found this yet? Have you found this case? MR. NEALE: Yeah, I mean, I've got the case up. CHAIRMAN DICKSON: Wasn't he going to -- didn't he have a bunch of equipment or something he was going to sell to satisfy this? MR. NEALE: I'll take a look at the notes on that. CHAIRMAN DICKSON: Because there were a lot of promises made a year ago. MR. JOSLIN: That's right. MR. COURTNEY: Mr. Dickinson (sic), your recollection is correct. There is some equipment. We can't get a dime on a dollar. My wife attempted to sell it while I was incarcerated for six months, and there's just no market for it. CHAIRMAN DICKSON: But this is not the first time you've come back. You came back one other time and you had sold some equipment. MR. COURTNEY: I settled them and new cases came forward. There were a total of 10. Five of them are behind us and five of them are in front of us, sir. CHAIRMAN DICKSON: Yeah, we haven't heard them all. MR. COURTNEY: They're all included in this package. CHAIRMAN DICKSON: Yeah, Mr. Ossorio, bring me up to date. MR. OSSORIO: We had one formal hearing, Mr. Ginn, 2007,1 think it was Case No. 1 that he did. CHAIRMAN DICKSON: I'm having trouble hearing you. MR. OSSORIO: There was a case in 2007, I think it was Case No. 01, of Mr. Ginn, and Calvin Courtney did return the deposit and satisfied your order. Page 34 April 16, 2008 There are several other cases out there that I'm goif�g4 ttjmp&O find and locate. But I have some concerns is that why -- and this is the first I've seen this packet, so I haven't looked at it, reviewed it. But I feel uncomfortable that Mr. Courtney was waiving a $2,000 check for investigative costs that was supposed to be due in 10 days, you know, and now he's going to hold Collier County hostage that listen, you know, give me my license back and I'll give you, you know, number four. That doesn't sit well with me. But I'm not a legal counselor and I'm not here to tell you that. But it clearly states in the order that within 10 days he has to come up with $2,000 to go ahead and satisfy the investigative costs with Collier County. He did not do so, and he was not in jail at the time. So, you know, that's my thought. MR. NEALE: In January of '07 he was here on Case 2007 -01. And at that point in time it was against homeowner Ginn, as Mr. Ossorio refers to. And I'm just trying to go through my notes here. MR. COURTNEY: Mr. Ginn was paid. MR. NEALE: And he said he wanted time to pay him off. And I guess he did pay them off at that time. Then he was back here again on March 21 st of the same year on these two cases. And at that point in time he was going -- as he said, going to sell off equipment and was going to pay off people at that time. He's put forth other mitigating circumstances, as you've heard. But that was what had happened at that time. CHAIRMAN DICKSON: I remember Mr. Ginn. Yeah, I remember you did pay him off. But you had a bunch of equipment that you were going to sell, take care of all this. MR. COURTNEY: The meeting was March 21st. I went to jail on April 4th. And my wife sold some small pickup trucks to survive on while I was gone. And we have some large trailers and dump trucks and I can't sell them. I can't get a dime on the dollar for them. Page 35 April 16, 2008 My first choice was to pay these people and come an asAor2 it. And Mr. -- Mike, I'm sorry that you're feeling like I'm holding you hostage. It's not that. I don't have the capacity to pay. All I've ever done in my life is this kind of work. I'm 52. I've got to go retrain and get a new occupation and figure out how to pay these people. I'm not holding hostage, I'm just being realistic. This is the only way that I have the capacity to pay Mundy Isaac (phonetic.) And I like the people. I personally want to pay him back. I want to walk with my head high in Naples. I live here. I own a home. And I don't have any training to do anything else. This is all I know, all I've ever done since I was a small child. CHAIRMAN DICKSON: And I understand. It's a -- and I understand all these people are happy with this. I've got some people that haven't paid me. If they offered me something, I would be happy, too. MR. COURTNEY: I have the same thing. CHAIRMAN DICKSON: So that doesn't go anywhere. And then I worry about you. It's like why do you want to get back in this? There's no profits out there. MR. COURTNEY: You know, it's amazing. I have 790 people. Again, 10 of them are unhappy. I get five to eight calls a month, people wanting additional type of work. And my overhead was $120,000 a month for many years. It's nothing now. So I'm going to be extremely efficient at one employee. Very slow, be very conservative. And my focus is on paying these people back. It's my intent to do it earlier. I was going to make the concession to not do any deposits. I'll let the consumer buy the materials and I'll do the labor, and slow and steady and pay these people and get my life back and a future and educate my kids and retire. MR. LYKOS: What's the total dollar amount owed -- CHAIRMAN DICKSON: Oh, I don't know. MR. LYKOS: -- based on the previous order by the board? April 16, 2008 1 M What's the total dollar amount you owe people? 6 A MR. COURTNEY: I added to it. MR. SCHNEIDER: We included interest, 10 percent interest calculation on these promissory notes. MR. LYKOS: What's that total amount? MR. SCHNEIDER: On the four promissory notes, it would be approximately I think about $36,000. That's off the top of my head. MR. LYKOS: Well, then I think you need to find a way to earn $36,000 to get those people paid back. Maybe you're making strides towards accomplishing what the previous board asked you to do, but you haven't gotten there yet. I think you need to go out, earn $36,000 and get everybody paid, and then come back and tell us that you've accomplished what we've asked you to do and not tell us you're going to do what we've asked you to do. MR. JOSLIN: Or at least you made an honest effort to do this in the past since'07. And a year later nothing has happened, or very little has happened. I understand you have problems, but -- CHAIRMAN DICKSON: The reason we took this action is because he did pay Mr. Ginn back. And if I remember, Mr. Ginn was from Marco Island. I may be wrong. But I remember Mr. Ginn did come in and testify that he had been paid back. But then we had more cases come up. So what was happening was the jobs he was doing, he was using that money to pay off old bills, which is a common thing. I mean, we all would do the same thing. But it wasn't accomplishing anything, because we just had new jobs that were now in trouble. And we've gotten other cases that haven't come forward. We didn't bring them forward because you were suspended. And that's what's going to happen here right now. You're asking us to do this. And I understand, I fully understand. But you've got to understand us, too. You're asking us to do this but you haven't satisfied what we asked you for last time. So you're no further ahead. I know you Page 37 April 16, 20Q8 1611 A 2 may have a circumstance. But then we grant you this, we've got more cases over here that we'll bring -- that the county will have to bring forward, and that just compounds your problems. MR. COURTNEY: Mr. Dickson, all of the cases that Mr. Ossorio has are here. The people have been addressed. There isn't anything else. I haven't had -- CHAIRMAN DICKSON: There isn't anything else? Okay. MR. COURTNEY: I haven't had any activity in 12 months. I was incarcerated. There isn't anything new. Mike's got it all. And they're all -- Mike -- Mr. Schneider has spoken to all of them. There isn't anything left. And I've paid off a great deal more than Mr. Ginn. There were a total of five others. And I honored my commitment through Mike Ossorio and Andy to pay off, and did each one of them. CHAIRMAN DICKSON: Why can't you sell that equipment? MR. COURTNEY: Can't get a dime on the dollar. They're heavy -duty trailers. There's nobody -- I've called every paver contractor there is. There's nobody that wants to buy 30 -ton trailers and big dump trucks. They've got theirs sitting still. We sold small pickup trucks and my wife literally used that to live on while I was incarcerated. If I would have not gone to jail in April, I think we'd have had this problem solved back May of last year. But I haven't been here, I was locked up in Manatee County. MR. JOSLIN: How would you have done that? MR. COURTNEY: Work. Somehow. I've made some money in the simple things that I've been doing with my occupational license. I could do it again, it's just going to take a very long time. I'd have had some time to get it together. These people have gone a year. They were so glad to hear from Mr. Schneider and they were anxious to get the money. One woman's father has just been laid -- her husband has been laid off and she can't make the mortgage payment. This was going to pay her. They were glad 10 _. April 16, 2008 to hear. 1611 V 2 And I want a clear conscience. I'm an honest man. I've lived in this town five years, and I'm a native of Manatee County. We're four generations. CHAIRMAN DICKSON: But I'm also offended by the fact that you come in here with promissory notes and copies of cashier checks that you haven't executed or given to the people until you had work to go forward. That doesn't cut it. MR. COURTNEY: Well, tell me what you would do. If I don't work I can't honor the agreement. I'm -- CHAIRMAN DICKSON: I'd at least execute the promissory notes. MR. COURTNEY: We thought the wise thing to do -- they were going to come to Mr. Schneider's office. I thought that was the right way to handle it. They all knew -- the people know that it's contingent upon being able to work. They understand that. I'm surprised they didn't call Mr. Ossorio. CHAIRMAN DICKSON: It's frustrating. MR. LYKOS: Well, the other concern I have is that if we allow you to go back to business, if you haven't got this current mess cleaned up, we could be giving you the opportunity to create more messes. I mean, show us that you -- I understand that you feel honorable in fulfilling these commitments to these people, but you haven't done it yet. And if we give you the opportunity, we could be giving you the opportunity to take down more people with you. Show us that what you committed to is done so that we're not creating an opportunity -- I don't want to see you back here in another year and it's gotten worse. Because then you come in and say I had mitigating circumstances and, you know, I promised to pay these promissory notes but I didn't make enough money, I needed to -- you know, if I'd have got my house foreclosed on then I couldn't pay anybody back. So now you'd have promissory notes you couldn't fulfill, and then Page 39 April 16, 2008 you'd have more jobs that you got problems with. :61 2 I think, you know, it's very honorable that you want to honor these debts, but I think you need to pay them and come back. Otherwise, we could be creating a situation where we're digging you a bigger hole. Let's take the shovel out of your hand. MR. JOSLIN: If you're telling this board that you can -- that if you -- in April if you weren't incarcerated that you could have had some of this taken care of, I think probably the step that you should take now is maybe have this nice attorney of yours put together a little package for these people with payments that you can make, payments that you can feel confident about trying to make a monthly payment to them. Even if it's a small amount. But at least you're going to be making that effort to pay some of this off. Give it, I don't know, maybe 90 days worth. I'm not going to give you a time span for sure, but give it a period of time. And then maybe come back before this board, and then maybe we can give you a temporary situation to allow you to do more work. But right now I don't think there's a member on this board that's going to approve what you're asking for, because you're just -- you haven't made any effort at all, and then you bring this check in, which is not a good thing. I think you need to take care of that right away, which is going to get at least this part of it off your back. That's my best suggestion. I'm not certain how the other board members feel, but that's how I think. CHAIRMAN DICKSON: You made the same convincing argument with your equipment and you didn't come through on that. I would be driving that equipment up to Georgia, Louisiana, North Carolina, South -- you know, it's not all that bad up there. But you did make the same convincing argument that you could do all of this with that equipment. That hasn't come through. I'm not -- and you haven't satisfied any of these issues that we said you had to do. W M April 16, 2008 Not a single one is satisfied. b A; MR. COURTNEY: I'm prepared today to do that. CHAIRMAN DICKSON: Oh, you should have been -- it was due in 10 days. MR. COURTNEY: I got -- I went to jail, Mr. Dickinson (sic). I did. I went to a hearing -- CHAIRMAN DICKSON: You came back and saw us in January. MR. COURTNEY: Yeah, I went to -- in March -- on April 4th I went. I was here on the 21st of March. That's 13 days later. CHAIRMAN DICKSON: When did you pay off Mr. Ginn? MR. COURTNEY: Before that. Mr. Ginn and Mr. Murray. I can't even remember the names that Mike and I went through. But I understand your position. The only thing I can say to Mr. Lykos about, you know, that I can do more damage, I have 40 something years in the business doing it honestly. Some very unusual circumstances happened and there's a couple of years of hardship. I am the 40 -year person, not the couple of year's hardship. And there -- I feel like there could be stipulations made. I'm willing to not take any down payments, not put them at risk. I just -- I came with what I thought was a responsible offer. And the people I thought were very open to this and thought it was a good idea, too. They wanted to move forward with it. I'm sorry that we couldn't work out some kind of agreement. CHAIRMAN DICKSON: You've got to satisfy the original case. MR. JOSLIN: Or at least make one heck of an attempt on it. MR. COURTNEY: Okay. CHAIRMAN DICKSON: Do I need a motion, Mr. Neale? MR. NEALE: Yes. MR. JOSLIN: I make the motion to deny this finding of facts to review. CHAIRMAN DICKSON: Do I have a second? MR. HORN: Second, Horn. Page 41 April 16, 2008 CHAIRMAN DICKSON: Discussion? 161 1 A Z (No response.) CHAIRMAN DICKSON: All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. GUITE': Aye. MS. KELLER: Aye. CHAIRMAN DICKSON: Aye. MR. LYKOS: Aye. MR. HERRIMAN: Aye. MR. HORN: Aye. CHAIRMAN DICKSON: Opposed? (No response.) CHAIRMAN DICKSON: Thank you, gentlemen. Our case just went out the door. MR. NEALE: It may be time for a break, anyhow. MR. JOSLIN: Yeah. CHAIRMAN DICKSON: Gentlemen, did you want to say something? Did you come back for a reason? UNIDENTIFIED MEMBER OF THE AUDIENCE: We were just listening. We didn't know if we were allowed to stay. CHAIRMAN DICKSON: Oh, sure. MR. JOSLIN: Sure you can. CHAIRMAN DICKSON: Sure. It's kind of a rough day. Since our case is out in the hallway, let's take a 10- minute break. (Recess.) CHAIRMAN DICKSON: I'd like to call back to order the meeting of the Collier County Contractor Licensing Board of April 16th, 2008. And I thought we had a case. But can someone tell me what happened to the people that were here? MR. OSSORIO: Yes, Mr. Chairman. For the record, Mike Page 42 April 16, 2008 Ossorio, Contractor Licensing Supervisor. 1611 A Case No. 2008 -06, Len R. Mustari, is going to be continued. Obviously we had a meeting. We talked to you earlier about that. He's going to have a -- we're going to postpone that at least till next month. And also Case No. 2008 -05, Kurt William Hopson, is going to -- we're going to postpone that till next month as well. So we won't be hearing any cases today. CHAIRMAN DICKSON: Okay. So can I ask all the board members, please keep those cases and bring them with you next month. So with that -- MR. NEALE: We're done. CHAIRMAN DICKSON: -- I have a letter to read that I'm not at all thrilled about. It's the most popular member of this board, even though she called me a hog. It says, as my second term on the Contractor Licensing Board is coming to an end this fall, 2008, I've decided not to serve another time. I will also be out of the country for the entire summer, so I would like to resign my position early. My last meeting will be May of 2008. Thanks for all of you putting up with a lay person, educating me over the last six years as representative of the consumer. I do believe their interests are respected by this board and I've grown to develop my views from the contractor's perspective as well. I look forward to watching you on TV and reading your actions in the news for many years to come with the same passion and interest I have had sitting on this board. Ann Keller. And it's with great sadness that I see you go. You have been a joy MS. KELLER: You know I will watch it. That's the sick part about it. CHAIRMAN DICKSON: You've been a joy on this board. So I just -- any way -- I mean, we'll give you a raise. But I do hate to lose you. Thank you for the six years. Page 43 April 16, 2008 MR. JOSLIN: I have to utter the same comments, A 2 MS. KELLER: I'm coming next month, too, so -- MR. JOSLIN: -- Ann, it's been a pleasure to have you here for sure. I hate to see you go. MS. KELLER: You can bring the cake and flowers next meeting, the farewell. CHAIRMAN DICKSON: And Tom Bartoe is not with us because Tom is now gone. He's in Pennsylvania. Tom will be greatly missed. MR. JOSLIN: I left a business card on his gate yesterday and reminded him of the meeting, so I can't imagine where he's at. I called him also, but I didn't get a response, so -- CHAIRMAN DICKSON: And Andy Werner (sic) also left, didn't he? MR. OSSORIO: Yes, he's since retired. CHAIRMAN DICKSON: Andy retired as well. MR. NEALE: Wuhrer. CHAIRMAN DICKSON: So you're looking at your staff. This is it. Not that this isn't good. But we do also have a vacancy, don't we, that we're going to fill? MR. OSSORIO: That's correct. MR. JOSLIN: Busy guy you are. MR. LYKOS: Michael, are you getting the support from Bob Dunn that he told us you were going to get? MR. OSSORIO: Yes. MR. LYKOS: Good. I'm very glad to hear that. MR. OSSORIO: Yes, he is. He's been a blessing and he fought for us and we did get one position. Obviously we're going to be down 25 percent. But that's something that we can take on the chin, and I think that hopefully that we just have to work smarter. So the next person you'll see is going to be someone that is going to be doing Tom's and Andy's work, and so that's why we're going to look at the applications and see where the chips fall, see how it goes. 03- Ai ��April16, 2008 MR. JOSLIN: How did the idea go about using the' i4fs eJorsA 2 MR. OSSORIO: We are. That's something that's going to be long term. MR. JOSLIN: Long term. MR. OSSORIO: We're going to have to see where the inspectors are in the upcoming months about how many inspections they do. But I anticipate maybe the new person on board might be an inspector. I have no idea. So we're going to cross that bridge when it comes to it. On other issues, I do want to let you know that I'm thinking about having a couple of workshops the next couple of months to get ready for our changing of the ordinance or updating the ordinance in 2010. 1 have some things in mind. I'd like Robert Zachary or Pat Neale to look into it. And I think the state's actually going to a -- any state contractor that wants to be state certified has to have a background check through FDLE. And I think if that's the case, I think that if they do that I think that we need a change in the ordinance that if you're going to be a Tier 1 contractor, registered, I think we're obligated to at least look into that and see if that's where we need to be. CHAIRMAN DICKSON: If you do that, you're going to have to raise the fees, though. MR. OSSORIO: Well, that would be something I know that -- that would be something that the fees would be on the applicant. We would -- CHAIRMAN DICKSON: Right. MR. OSSORIO: -- they would have to contact FDLE. They would have to sign the forms and then we would get a copy of whatever the item would be. So is there a more expense other than just the expense of pulling a credit report and having it faxed to us and us looking at it? I don't know. Possibly. CHAIRMAN DICKSON: Well, I had a background check done •,_.,. 1 LApril 16, 2008 1 on me here about a year ago, and the costs, I think the state wall pang close to three or $400. So it's a substantial expense. MR. JOSLIN: And you've not been in serious trouble before. CHAIRMAN DICKSON: No. Yeah, and my record's clean. So no, that was for child advocacy. They wait till people finish the course and graduate, and then you have to wait nine months for your background investigation. Because they're not going to do a background investigation until you complete the course so they don't have to spend the money. But they're expensive. Something we may have to look at. MR. OSSORIO: Well, that's something you have to look at but, you know, you hate to go ahead and have the State of Florida have state certified contractors, especially the Tier 1 contractors, go through that process and then the county on a local level. We have all the testing requirements for Tier 1 contractors, and we do not (sic). So we have to make sure that we try to be in line with the state statutes as well. MR. JOSLIN: I have one other question. With the amount of people coming in here, like the case that we were supposed to hear today but didn't, with the amount of people that are coming in that have permit fees that are still due and outstanding, permits that are open, is this -- how many other people besides the applicant that was here today or the license holder that was here today? I mean, are there other -- are there a lot of them out there that we're going to be hearing that haven't answered the call? MR. OSSORIO: Well, unfortunately -- we had a meeting with Bob Dunn, and that is an important avenue for our office to look into, permit fee violations and building code violations. But our primary focus right now, since we're short- staffed, is life safety, building permit violations out in the field, workers comp. issues for licensed companies out in the field, and unlicensed activity. That's where we focus and that's what we do best. So I don't foresee us seeing any more of these cases coming for a April 16, 20008 couple of weeks or a couple of months until we get some lk§n� oT staff '2 level where we need to feel comfortable we can actually pick up -- we're not going to do something that is not 100 percent. We can do it at that particular time. I'm not going to call someone and forget about it. If we do a case, we're going to do it one by one. There's probably 100 of them, maybe 200. CHAIRMAN DICKSON: Can I make a statement that you could pass on? We've had the supervisor in charge of permitting, what was her name? MR. OSSORIO: Alamar Finnegan. CHAIRMAN DICKSON: Alamar was here. These people that have permit fees that are due, the county is not putting any penalties on them. They're -- which they could. They're just asking for the money that was due years ago. If those people come before this board, I can pretty well say that they're not going to find any sympathy here. So it's in their best interest to take care of them. MR. JOSLIN: Exactly. CHAIRMAN DICKSON: They don't want to come before this board. MR. JOSLIN: I know there was conversation in the last meeting about some of these that had a lot of open permits and a lot of dollars, that they could work out a payment plan, even to pay of some of them a little bit at a time. But if they act on it, they (sic) probably could happen. But if they don't act on it, I'm sure that they're going to close that door too and they're going to end up coming here and maybe not having a license to work with. MR. OSSORIO: Well, I think the budgeting office is actually looking at a hopefully sentence of some collections too as well. But I do feel that there is an opportunity for licensing to get involved and to -- you know, we should verify these contractors are obligating, when they pull a building permit for these homeowners, to Page 47 'April 16, 2008 get them completed. And that's something that's a quagmireNe 'wan tQ ` to do it but then again we don't have the staff to do it. So let's wait until we do have the staff to do it but let's go to collection. So that's all going to be discussed. Also, it was brought up to our attention a couple months ago that you want to have a workshop. And I think that maybe if we don't have -- if it's not a heavy agenda next month, maybe we can talk about the citation process. Because that's something we have to get a grasp on as well. We need to find out where we are with these citations and where we need to be. MR. NEALE: What I would propose, too, and just because of what is going on in the economy and what we've seen over the last several months, is that at the next meeting if we do a workshop is maybe Mr. Zachary and I will review the whole issue of financial responsibility and where it lies and the parameters for the board to judge it so that you can review that. That, and as well as the waiver requirements and what the board has to make a finding if they are going to waive a testing requirement. So maybe cover those two issues in some depth for the board so that everybody can be working off the same page when we're -- when a case like that comes in front of us. Because I think we all agree that there are going to be a lot of financial issue cases coming up over the next year. CHAIRMAN DICKSON: Question on the one empty position we have and now the other position that will be empty as of next month. I'd like to do that meeting after we fill those two so that we can also address -- Mr. Lykos has caught on extremely quick, but sometimes I feel like we leave some people behind. It takes them months to catch up. MR. NEALE: Well, and that's -- you know, we had talked a couple months ago about doing an orientation kind of session where we go through how cases are heard, what the cases -- you know, what the lApril 16, 2008 charge to the board is, what the board's responsibility is, tFi , xs oA 2 the board, the duties of the board, et cetera, as sort of an orientation for everybody. That might be prudent to do that after we get the two new members. CHAIRMAN DICKSON: Okay. Any leads on the one vacancy we have? MR. OSSORIO: Yes. I just finished the memorandum to Sue Filson, and I believe the applicant goes in front of the BOCC next month. I'm thinking the 12th. I'm not sure. May 12th. MS. KELLER: I'm the City of Naples representative, so -- MR. OSSORIO: Yours is a little bit different. I have to coordinate that with Sue Filson over in the manager's office. And I believe we send a representative or I'll go down and talk to the city mayor and let them know that there is an opening so they can contact who they need to contact to fill those applications out. But it still has to be approved by the BOCC. They make recommendations, and then the board approves it, the Board of County Commissioners. CHAIRMAN DICKSON: Okay. Anything else? (No response.) CHAIRMAN DICKSON: Hear a motion to adjourn? MR. JOSLIN: So moved. MR. LYKOS: Second, Lykos. CHAIRMAN DICKSON: All those in favor? MR. JOSLIN: Aye. MR. BOYD: Aye. MR. GUITE': Aye. MS. KELLER: Aye. CHAIRMAN DICKSON: Aye. MR. LYKOS: Aye. MR. HERRIMAN: Aye. MR. HORN: Aye. _ jV CHAIRMAN DICKSON: Good meeting. April 16, 2008 1611 42 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:33 a.m. CONTRAC R LICENSING BOARD LES DICKSON, Chairman These minutes approved by the board on presented or as corrected_ 1, M April 16, 2008 1611 A2 Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 51 r=18ia 'F ENVIRONMENTAL ADVISORY COUNCIL AGENDA Halas June 4, 2008 Henning 9:00 A.M. Coyle Commission Boardroom Coletta = W. Harmon Turner Building (Building "F ") — Third Floor I. Call to Order 161 1 II. Roll Call Ill. Approval of Agenda IV. Approval of the May 7 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions — none VII. New Business RECEIVED MAY 2 3 2008 Board of County Commissioners A. Cycle 1 2008 LDC Amendments B. EAC motions for approval and discussions — BCC action May 13, 2008 Note: Letter sent to EAC by BCC dated May 16, 2008 was sent to all members VIII. Old Business A. Update members on projects B. Create procedure on accepting new information at meetings IX. Subcommittee Reports X. Staff Comments A3 A. Constructing conditions of approval that are enforceable B. Member absences — discuss members (including alternates) shall be available year round to attend meetings. XI. Council Member Comments XII. Public Comments XIII. Adjournment Council Members: General Public: 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Misc. Correa: Date: I e X2-9 /8 Item tl: I I., I L April jj 1 1 A3 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, April 2, 2008 LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION at Building "F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes VICE CHAIRMAN: Dr. Judith Hushon (Excused) Allison D. Megrath Roger Jacobsen David Bishof Nick Penniman Michael V. Sorrell Dr. Llew Williams ALSO PRESENT: Jeff Wright, Assistant County Attorney Susan Mason, Principal Environmental Specialist Stan Chrzanowski, PE, Planning Review Melissa Zone, Principal Planner Chris D'Arco, Environmental Specialist Claudia Piotrowicz, Environmental Specialist ENVIRONMENTAL ADVISORY COUNCIL 1611 A3 AGENDA April 2, 2008 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F ") - Third Floor 1. Call to Order II. Roll Call Ill. Approval of Agenda IV. Approval of March 5 & 6 meeting minutes - not available at this time; will be provided later V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Plat and Plans No. PPL- 2005 -AR -7703 Amerimed Center PPL Section 14, Township 50 South, Range 26 East B. Commercial Planned Unit Development No. PUD Rezone- PUDZ - 2006 -AR -9486 Freestate CPUD Section 8, Township 50 South, Range 26 East C. Planned Unit Development Rezone No. PUDZ - 2007 -AR -12581 Esperanza Place PUDZ Section 32, Township 46 South, Range 29 East VII. New Business Vill. Old Business A. Update members on projects IX. Subcommittee Reports X. Staff Comments XI. Council Member Comments XII. Public Comments XIII. Adjournment Nttff 1tNtf NtllNkffitf lflflttflllttNNtlittti Nll Nlitiffl1tN11! Council Members: Please notifv Summer Aranua_ Fns General Public: 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1611 q3 April 2, 2008 I. Call to Order The meeting was called to order by Chairman Hughes at 9:00 AM. H. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Mr. Jacobsen moved to approve the agenda. Second by Mr. Penniman. Carried unanimously 6 -0. IV. Approval of March 5 & 6 meeting minutes — not available at this time; will be provided later V. Upcoming Environmental Advisory Council Absences Mr. Jacobsen will not be present for the June meeting. Ms. Megrath will not be present for the August meeting. VI. Land Use Petitions A. Plat and Plans No. PPL- 2005 -AR -7703 Amerimed Center PPL Section 8, Township 50 South, Range 26 East The presenters were sworn in by Assistant County Attorney Jeff Wright Mr. Sorrell arrived at 9:05 AM Tim Hancock addressed the Council on behalf of the applicant providing a brief overview of the project noting that the application is for Construction plans and Plat for four (4) lots zoned Commercial Intermediate (C -3) and five (5) lots zoned General Commercial (C -4) on 18.9 acres. The property is located on the east side of Collier Blvd. (SR951), just south of the Rattlesnake Hammock Road intersection. The site previously has been utilized as a nursery and a staging area for the improvements on Collier Boulevard. The existing wetlands have been impacted by previous disturbances in the region and become heavily invaded with Melaleuca and other exotics, with approximately 2.65 acres of the site deemed as wetlands for calculation purposes. The site has received South Florida Water Management District approval (permit #11- 027- 48 -P.) This District as well as Collier County Staff has recognized the wetlands on site are of such poor quality, they support off site mitigation. The Army Corp of Engineers permit is still under review at this time. Mr. Penniman provided a 2007 study entitled "Is Melaleuca Really Drying -Up Florida Wetlands ?" prepared by B.D. Bovard, R.M. Leisure III, and E.M. Everham III from the Department of Marine and Ecological Sciences, Florida Gulf Coast University. He noted that the Introduction of the study states "Melaleuca 1611 A3 April 2, 2008 transpiration rates are thought to be greater than bald cypress and slash pine, and it is thought that Melaleuca's water use leads to reductions in groundwater." In the Conclusions and Future Research section of the study it is noted "In our study, we found that at the physiological, whole tree and ecosystem levels, Melaleuca is generally more liberal in its water -use compared to slash pine, but more conservative than bald cypress. When bald cypress loses its leaves during the early dry season, Melaleuca uses more water at the physiological and whole tree scales, but at the ecosystem scale, bald cypress still uses more water. The mechanism for this is unclear........ Mr. Penniman stated that in his time on the Council the statement has been made numerous times that Melaleuca is drying up wetlands and is concerned the concept of this statement made by many firms appearing in front of the Council may not be accurate. Tim Hancock stated that the driving force of the altering of the wetlands on this site is more due to the construction of Collier Boulevard canal (951 canal) and Florida Power & Light easements and other related disturbances creating a siphoning effect on the land rather than the Melaleuca (and related transpiration) found on site. The study was completed in 2007 and has not been the subject of a large amount of scrutiny at this point. Mr. Penniman agreed the study has yet to face "peer reviews." It was noted a Phase II Environmental Site Assessment was required by County Staff because of the prior agricultural use on site. Jim Krall, PE, Davidson Engineering provided a review of the stormwater retention system which will utilize dry retention prior to entering the Stormwater Lake proposed for the site. Chairman Hughes asked Staff if there were any concerns regarding the overall impact of stormwater impacts from this project and the development of the region in general (i.e., Marco Island secondary water supply, flooding issues, etc.). He wanted to ensure for the record that adjacent properties are protected from flood situations. Stan Chrzanowski, PE, Planning Review provided the LIDAR map in the region, noting that the region has been previously altered by developments and that the impacts downstream from this project should be minimal. Tim Hancock stated that the South Florida Water Management District did not require Floodplain Compensation for the project; however, the water quality and flow standards required by the District have been met for the application. Chairman Hughes requested the applicant address Florida Panther concerns. Jeremy Sterk of Davidson Engineering stated that impacts on Panther habitat have been mitigated off site via credits to the conservation bank as required. 1611 A3 April 2, 2008 ,K.i, , Y H.r •• A discussion ensued between Council members outlining concern over the individual review of applications and the possible overall future environmental impact of the numerous developments combined. Chris D'Arco, Environmental Specialist stated the Staff recommends approval of the project subject to the following recommendation: A copy of the USACE permit shall be forwarded to Collier County upon issuance. Mr. Penniman moved to approve the Petition with the staff recommendation that a copy of the United States Army Corp of Engineers permit be forwarded to Staff upon receipt. Second by Mr. Jacobsen. Carried unanimously 7 -0. B. Commercial Planned Unit Development No. PUD Rezone — PUDZ-2006 -AR- 9486 Freestate CPUD Section 8, Township 50 South, Range 26 East The presenters were sworn in by Jeff Wright, Assistant County Attorney Wayne Arnold of Q. Grady Minor presented an overview of the project noting that it is located on the south west comer of Davis Blvd. (SR84) and the future Santa Barbara Blvd. Extension. The application is for a proposed 16.8 +/- acre commercial development consisting of up to 150,000 square feet of commercial/office land uses. The South Florida Water Management District and US Army Corp of Engineers are currently reviewing the necessary permit applications. Mike Myers, Sr. Ecologist with Passarella and Assoc., Inc. addressed the Council on Environmental issues noting the site is primarily forested and has been invaded by exotics. The project has been designed to preserve the highest quality 2.5 acres of wetland on site. This area is adjacent to the Falling Waters development preserve area. In addition, the applicant has agreed to purchase 12.99 credits for the regionally approved mitigation bank for the wetland impacts. No listed species were found on site in a survey last conducted in April of 2007. The applicant agrees with recommendations 1 -4 in the Staff Report but requests a change in recommendation #5 on page 9 of 11, line 93 "Conservation Commission (FFWCC) and US Fish and Wildlife Service (FWS)..." to "Conservation Commission (FFWCC) or US Fish and Wildlife Service (FWS) _. " This request is to prevent redundancy in reviews by different Agencies. Michael Delate of Q. Grady Minor addressed the Council on the Stormwater Management design proposed for the site noting that the project will utilize dry detention areas for pre- treatment before discharge into the stormwater lake area. He noted the statement in the Staff Report on Page 7 of 11, line #1 ( "In the EIS, the petitioner states his intention to make the Preserves a part of the stormwater treatment system ") is incorrect and should be removed. The wetlands will be hydrated by the stormwater lake as required by South Florida Water Management 1611 A3 April 2, 2008 District, but will not be utilized as part of the treatment area. The applicant has provided floodplain compensation as requested by Collier County Staff. It was noted that the proposed preserve is interconnected with the Falling Waters preserve which was permitted in the mid 1990's. Mr. Bishof noted the difficulty in reading the details of 24" x 36" plans that are submitted and have been reduced to 8.5" x 11" and encouraged Staff to assist in providing plans that are more legible if possible. Mr. Sorrell noted that the black bear telemetry map is from 1999 and information provided should be more up to date. Mike Myers agreed that they periodically update their information from the US Fish and Wildlife Service and some is out of date. However, in this case, he agreed that there is more recent black bear telemetry that should have been included in the package. Stan Chrzanowski, PE, Planning Review provided a brief overview of the status regarding the stormwater design noting the South Florida Water Management District review is ongoing. Claudia Piotrowicz, Environmental Specialist stated that Staff recommends approval of the project with the following recommendations: 1. Approved Preserve Management Plan and Conservation Easement. 2. Florida Black Bear Management Plan 1 Provide a Big Cypress Squirrel survey prior to any vegetation removal. 4. Big Cypress Squirrel protective plan. 5. A full nesting and foraging RCW survey prior to any vegetation removal, unless written technical assistance from Florida Fish and Wildlife Conservation Commission (FFWCC) and US Fish and Wildlife Service. Susan Mason noted that the Staff is in agreement with the previous request by the applicant to change the wording in #5 from "and to or" providing the approval letter from either Agency refers that they have coordinated with the other Agency referred to in the recommendation. It was noted by the applicant that if the Santa Barbara Blvd. improvement project is not completed by the County, the landowner will be required to provide the improvements for this portion of the Santa Barbara Blvd Extension as the design of the application requires access to this road. The following revisions for the Staff Report were recognized: Page 7 paragraph 1, line #1 elimination of the statement "In the EIS, the petitioner states his intention to make the Preserves a part of the stormwater treatment system." 41611 A 3 April 2, 2008 Page 7, paragraph 4, line #1 and #2 from "dry detention areas and a preserve to achieve water to quality ....... to "dry detention areas to achieve water quality.... Page 7, paragraph 8, line 5 from "through the dry detention area and the wetland preserve areas to "through the dry detention area. ' Susan Mason noted the changes to the Staff Report and future versions for review will address the changes. Mr. Jacobsen move to approve PUD rezone PUDZ - 2006 -AR -9486 including the recommendations #14 in the Staff Report and revising recommendation #5 to include a caveat from one organization to the other in the letter. Second by Ms. Megrath. Carried unanimously 7 -0. Break — 10: 05 AM Reconvene — 10:25 AM C. Planned Unit Development Re -zone No. PUDZ - 2007 -AR -12581 Esperanza Plaza PUDZ Section 32, Township 46 South, Range 29 East The presenters were sworn in by Jeff Wright, Assistant County Attorney Heidi Williams of Q. Grady Minor and Assoc. presented an overview of the application and noted half of the property is under contract with the Empowerment Alliance of Southwest Florida and the other half is under contract for Florida Non Profit Services, Inc. The property is located on the North side of Immokalee Drive approximately' /4 mile west of State Road 29. The proposal is to rezone the property from Rural Agricultural Zoning with Mobile Home Overlay to Residential Planned Unit Development. The project will provide affordable housing for up to 262 dwelling units. One half of the property will be utilized as rental units, with the other half for single family residential units. One, 2 acre parcel will remain to be utilized as a single family residence. The property is surrounded by residential development and historically been utilized for agricultural purposes including row crops and cattle grazing. Marco Espinar of Collier Environmental Consultants provided a historical overview of the use of the property via aerial photos from the 1950's to present. He noted there is a small poor quality wetland on the southwest portion of the property that was excavated for a watering hole for cattle. The site contains some slash pines that have been in existence from at least the 1950's and are present today. In cattle production, it is a common practice of selective clearing leaving some trees for shade for the livestock. In conclusion, he stated after reviewing the site and historical aerial photos and data, the site was legally cleared and utilized for agricultural use for approximately the last 50 years. ApJ 60181 15 The cattle grazing on -site were temporarily removed a year ago so the consultants could complete any necessary work. It was noted that the Environmental Advisory Council does not make determination on whether or not the parcel has been "legally cleared ". It was noted that the soil boring results from the Geotechnical Engineering Service Report prepared by Allied Engineering & Testing, Inc. dated November 19, 2007 were not included in the submittal but has now been provided to the Council members. A discussion ensued regarding the comment in the Staff report that Staff does not recommend approval of the project. Heidi Williams noted that the Staff recommendation was based on the 2 "d Environmental Impact Statement (EIS) submitted. Subsequent to this there has been submittal of a 3rd EIS for review by Staff. She noted the 3rd EIS is not substantially different than the 2nd EIS. She hopes the presentation contradicts Staff s position for the Council. Susan Mason noted that Staff has not completed review of the 3`d EIS as of the meeting date but is still within the allotted time frame for the review. Heidi Williams addressed the issue of the application being on the agenda before review of the 3rd EIS by Staff, as the project requires Grant Funding. Susan Mason stated that the main area of contention is the applicant's statement in the 2nd EIS that the project does not have any "native vegetation" therefore exempt from native preservation requirements. Timing in clearing of the property can affect the requirements, because this can determine various routes of compliance regarding vegetation requirements. Clearing on the site took place after permits and notifications were required. The Staff requested the applicant obtain an "after the fact permit" for the clearing and base the preservation requirements on the status of the property. There is a separate issue of the ground cover vegetation and in Staffs opinion, the EIS does not adequately address what exists on site and why it should not be considered "existing native vegetation." It is unknown information in the 3rd EIS to support the applicants claim. Marco Espinar noted that the 3rd EIS does attempt to address the issue. Susan Mason stated that in addition to the upland ground cover and vegetation there is a wetland on site that contains native vegetation that is an issue. Chairman Hughes noted that the vegetation is not as much a concern as the land was historically used as agriculture, but rather the impact on the hydrology as the wetland located on site is being 100 percent impacted and the potential re- charge zone associated with the area could be adversely impacted. 16i l A Ap nl 23 , 2005 Michael Delate, of Q. Grady Minor and Assoc. noted that the intent is to fill in the wetland area and create a stormwater lake in a different location. The lake will provide a greater groundwater re- charge area than now exists. The new excavation is within 200 feet of the existing wetland and the soils capabilities are essentially the same as those in the area of the existing wetland. Therefore, the hydrology of the area will not be negatively impacted. Mr. Penniman noted that the lack of a Staff Report regarding the 3`d EIS and based on this fact, it is difficult for the Council to make a thorough review of the application. Michael Delate noted that the Council has been provided a copy of the 3`d EIS; however the Council does not have an official Staff Review of the document. He noted that the issue is the pines that were left standing on the site for shade purposes for livestock. In the applicants and landowners view, leaving the trees for shade purposes has penalized them as the area is now deemed to meet the definition of "native vegetation" under the County guidelines. This determination would require the applicant to provide a "native preserve" on site (one is not currently proposed). In their opinion, the vegetation should not be defined as native vegetation under the guidelines as evidence has been provided that the land has been utilized for agricultural purposes. Susan Mason noted that Staff requested more information; however the applicant requested this date for the hearing prior to review of the new information. Heidi Williams noted Staff has worked with the applicant on the timing of the hearings, however the grant funding deadlines are a hard fast deadline and no extension is available. Jeff Wright, Assistant County Attorney stated that any recommendation made by the Environmental Advisory Council would be forwarded to the Planning Commission who is scheduled to hear this application in May. He noted the Staff Report (based on the 2 "d EIS) recommends, "the EIS be revised to include the justification of the Applicants contention that no preservation is required." With the Staff and the applicant present and a 3rd EIS available, he asked that the applicant point out the portion of the 3`d EIS that addresses the issue and alleviates Staff's concern. Susan Mason noted that review of an EIS is complex and it requires Staff sufficient time to evaluate the data to provide an opinion, and Staff should not be limited to the amount of time required to properly review the document. Claudia Piotrowicz noted the 2"d EIS considers the vegetation non - native vegetation and read the Staff recommendation "the EIS be revised to include the justification of the applicant's contention that no preservation is required. The EIS does not demonstrate compliance with CCME Policy 6.1.1(1) For purposes of this policy, native vegetation is defined as a vegetative community having 25% or more canopy coverage or highest existing vegetative strata of native plant species." The vegetation retention requirements specified in this policy are calculated based on the amount of native vegetation that conforms to the definition. Apr1611 , A 3 She has not reviewed the revised (3`) EIS submitted by the applicant. Chairman Hughes noted that the land has been utilized for agriculture and could have been clear cut without any violations of land use laws. Susan Mason noted that this is true if it had happened long enough ago and used as agriculture for long enough. Besides the wetland area, areas of the eastern portion were cleared and require an "after the fact' clearing permit to be considered legally cleared with no preservation requirement. Further, portions of the wetland as well as portions of eastern half of the property have been determined by Staff to qualify for a native vegetation requirement. Marco Espinar noted the applicant has been dealing with the issue since July of 2007. They have included a letter from the Environmental Services Director that the land is in bona -fide agricultural use, etc. The last submittal by the applicant states "since this parcel was historically cleared and a bona -fide agricultural use for decades, it was identified and labeled as 212, unimproved pasture, therefore no native habitat exists on site. Since the parcel has no native habitat, no preservation is required for this project." He noted that there is a fundamental difference with interpretations between Staff and the applicant over this issue. They have provided aerial photos, and data that show even though native trees exist on site, there is no native habitat, thus they have no preserve requirements. In addition he stated that he reached agreement with Joe Schmitt and Bill Lorenz to conduct a tree count and plant an additional 15% of the sum of all the trees on site in addition to the landscaping requirements, which they agreed to. This was later revised to provide 20% additional tree coverage. Staff rejected this agreement. Susan Mason cited the definition of requirements in the Growth Management Plan which states "For purposes of this policy, native vegetation is defined as a vegetative community having 25% or more canopy coverage or highest existing vegetative strata of native species." It does not refer to "native habitat." Marco Espinar read an email into the record from Heidi Williams (consultant) to Cheryl Soter (Collier County Principal Planner) stating "it was confirmed in our meeting with Bill Lorenz and Joe Schmitt that no preserve requirement will be required, however, we agreed to plant 26 bees on site in excess of the regular landscaping requirements. We are preparing an exhibit that demonstrates the potential layout of these trees near the main water management lake. " The 2nd EIS was submitted subsequent to this and the agreement was rejected by Staff. Susan Mason requested a copy of the email. Carl Kuehner of Florida Non - Profit Services, Inc. provided a brief history of the project noting that the timing is critical and this application was to be on a "fast track basis." The application requires approval by the Board of County Commissioners. This requires review by the FAC and Planning Commission Ifi, lot A 3 subsequent to a Board of County Commissioner hearing. The application requires approval on or before June 16`h 2008 for the grant application to be considered.! There is no extension allowed for the grant application. Susan Mason stated Staff is not disputing the historical agriculture use of the property, but the fact that native vegetation exists on site. The preservation requirement is based on this fact. Staff reviewed the initial EIS and did not agree with the conclusions provided by the applicant. There was a meeting where Staff was not present between the Applicant's consultants, Bill Lorenz (Environmental Services Director) and Joe Schmitt (CDES Administrator) and a compelling case was made that the native vegetation preserve would not be required. It was her understanding that the 2id EIS submittal would address the reasoning for this, as well as other additional information requested by Staff. Upon receipt of the 2nd EIS, she notified the Staff Supervisors that the information was not addressed in the document. She recommended that the application not be heard by the EAC at this time; however the applicant requested to move the application forward without the information present in the 2 "d EIS. Ms. Megrath noted that no information was provided on the results of the soils sampling and expressed concern regarding the prior agricultural use of the property. Susan Mason noted that this concern could be addressed later through the process if necessary. Mr. Bishof noted issues of concern which are Staffs contention that a portion of the eastern area of the property contains native vegetation and whether or not the land was cleared for agricultural use. He noted that this area of the site is characterized as improved pasture cleared for agriculture as opposed to native vegetative ground cover. Further, the existing status of wetland area located in the southeastern portion of the site. He requested evidence on the assertion the wetland that remains on site has been "excavated." Marco Espinar stated that this is based on aerial photos and a field visit when identifying the jurisdictional limits of the wetland. The dominate vegetation is secondary growth. Mr. Bishof noted the wetland may be poor quality, however more evidence is needed to substantiate these claims. Claudia Piotrowicz stated that she confirmed there are plant species in the area of the wetland that are native vegetation and it is not clear to her that the area had been "excavated." Mr. Espinar stated that the project does propose off -site wetland mitigation and the existing wetland on site is poor quality. Susan Mason stated that there is a provision in the Growth Management Plan which allows the applicant to provide off -site preservation mitigation for the existing vegetation. She also stated that was an option that could be considered, however it is not proposed by the applicant at this time. 10 V, A 3 April 2708 A discussion ensued noting that the project is an admirable cause (provision of affordable housing) however there is more information required that needs to be addressed before approving or denying the proposal. Susan Mason re- iterated that Staff recognizes the land was utilized for agriculture and "after the fact" clearing permits could be obtained by the applicant. However, it does not alleviate the native vegetation requirements that may need to be addressed in the application. The main issue is the difference of opinion between the Applicant and Staff over the definition of "native vegetation" for the requirements contained in the Growth Management Plan. Staff has not reached the same conclusion as the applicant. She noted the Council could review the information and could reach its own conclusion. Mr. Espinar reiterated there was a settlement agreed to by the Staff Supervisors; however staff is not in agreement with the settlement. Mr. Penniman stated that any decision herein could set a precedent for future applications that are reviewed by the Council. A discussion ensued on the hearing deadline requirements for scheduling purposes for the EAC, Planning Commission and Board of County Commissioners and the possible re- scheduling of hearing dates to allow the Applicant to meet its Grant deadlines. Mr. Bishof noted that the main area of concern by Staff is the native vegetation requirement and if this were resolved, the proposal could possibly move forward. Susan Mason agreed. Mr. Bishof asked the applicant if they were deemed to have 1.73 acres of native vegetation on site (the area identified as 618 on the FLUCCS map) would they be willing to provide a native vegetation preserve off site as required under County guidelines. Heidi Williams stated if it is the Council's recommendation they would consider that condition. Mr. Bishof moved to approve PUDZ - 2007 -AR -12581 Esperanza Place PUDZ for approval with the condition that the applicant provide a native vegetation preserve that meets Collier County Standards (consistent with the Land Development Code and/or the Collier County Growth Management Plan; if the native vegetation preserve is done on site it needs to meet the standards for native preserves) prior to issuing of the Site Development Order and that the area used in calculating the size of the preserve is equal to the area mapped as FLUCCS code 618 (1.73 acres). Second by Mr. Williams. Mr. Penniman indicated he will vote no based on the lack of information and the possible setting of a precedent as other applicants have been rejected who have provided more information than that in the application under review. Aprill1a 1 1 A 3 Mr. Sorrell noted the application is a noble cause but has concerns in the area of the wetland and agrees with Mr. Penniman. Ms. Megrath agreed. Claudia Piotrowicz stated that the soils samples were provided and no pollution was found on site. The motion failed 5 -2. Mr. Bishof and Mr. Williams voted yes. Mr. Penniman, Ms. Megrath, Chairman Hughes, Mr. Sorrell and Mr. Jacobsen voted no. Mr. Penniman moved to continue the application until the May meeting of the Environmental Advisory Council. Second by Ms. Megrath. Mr. Delate stated the Applicant would prefer a denial of the application as opposed to a continuance. Mr. Penniman withdrew his motion. Mr. Sorrell moved to deny the application based on the recommendation in the Staff Report. Second by Mr. Penniman. A discussion ensued regarding the County requirements for definition of native vegetation with regard to areas that have been cleared for agricultural use. Susan Mason stated that there is no dispute that the area in question (an area in the Eastern portion of the property) has been cleared for agriculture use, however (with the timing of the clearing), the remaining vegetation located in this area qualifies as native vegetation under standards of the Growth Management Plan. This is due to the amount of remaining canopy cover on this area of the site. The Council could determine if this area does or does not meet native vegetation standards of the Growth Management Plan. Mr. Sorrell withdrew his motion. Chairman Hughes moved to deem the property as "agricultural" in intent for agri- business therefore not subject to the additional Land Development Code requirements. Second by Mr. Williams. Motion failed 4 -3. Chairman Hughes, Mr. Bishof and Mr. Williams voted yes. Ms. Megrath, Mr. Sorrell, Mr. Penniman and Mr. Jacobsen voted no. Mr. Penniman moved that PUDZ — 2007 -AR -12581 be continued until the May meeting of the EAC with the provision that Staff be given adequate time to review EIS #3 and make every attempt to reach an accommodation with the applicant on any paints of contention. Further, the applicant contact members of the Council for an opportunity to walk the land. Second by Ms. Megrath. Carried unanimously 7 -0. 12 uia 3 Chairman Hughes stated there was debate over the regulations pertinent to farmland. The Council was split on more than one vote. The Council was unanimous on the last vote as it puts the application back into its standard operating procedure. VII. New Business None VIII. Old Business A. Update members on projects None IX. Sub - Committee Reports None X. Staff Comments It was noted that Allison D. Megrath is now a full time member of the Environmental Advisory Council. It was noted some vacancies have been filled; however there is one alternate position still open. XI. Council Member Comments Chairman Hughes thanked Lee Hom for his service to the Council. XII. Public Comments None There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 12:56 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes were approved by the Board/Chairman on as presented , or as amended 13 N13456 161 l A 3 ORDINANCE NO. 2001- ss vA RN �� o; RDINANCE ESTABLISHING STANDARDS FOR CREATION � AND REVIEW OF COUNTY BOARDS AND PROVIDING FOR �bzczzz� tot& A POLICY DECLARATION; PROVIDING DEFINTIONS; PROVIDING FOR CREATION OF NEW BOARDS; PROVIDING EXEMPTION; PROVIDING QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING PROCESS OF APPOINTMENT; PROVIDING TERMS OF o~ OFFICE; PROVIDING ATTENDANCE REQUIREMENT; PROVIDING SCHEDULE FOR REVIEW OF BOARDS; PROVIDING FOR REPEAL OF ORDINANCE NO. 86 -41, AS AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ' C%Nw' COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: y j SECTION ONE: Policy Declaration. It is hereby declared to be the policy of the Board of County Commi*leheteof Collier County, Florida, to promote economy, efficiency and improve service in the transaction of the public business by County Boards. Nothing in this Ordinance shall be construed to prohibit or restrict the County Commission from amending or abolishing, at any time, any Board currently in existence or thereinafter created. SECTION TWO: Definitions. The term "Board" is defined to include every agency, advisory board, regulatory board, quasi - judicial board, committee, task force or any other group created and funded in whole or in part by the Board of County Commissioners. The term "Commission" is defined as the Board of County Commissioners of Collier County, Florida. SECTION THREE: Creation of New Boards. A. All Boards created after the effective date of this Ordinance shall be created by ordinance only, except for Ad -Hoc or Task Force Committees. Such ordinance shall set forth the Board's purpose; functions; powers; responsibilities; jurisdiction; membership requirements and restrictions; terms and conditions of appointment to and removal from the Board; and the specific staff support necessary to prepare an annual report, either oral or written, to be presented to the Commission. B. Prior to the advertised public hearing held for the adoption of said ordinance, the County Manager shall submit to the Commission a report setting forth following Information concerning the proposed new Board: 1) Whether the establishment of the board will create sufficient betterment to the community to justify the Commission's delegation of a portion of its authority. 2) Whether another Board, either public or private, already in existence, could serve, or is serving the same purpose. 1611 p3 3) The costs, both direct and indirect, of establishing and maintaining the new Board. 4) Whether creation of the new Board is necessary to enable the County to obtain state or federal grants or other financing. 5) Whether the Board should have bonding authority. 6) Whether creation of a new Board is the best method to achieve the benefit desired. SECTION FOUR: Exemption to Ordinance Requirement: Ad Hoc Committees and Task Force Committees. The Commission may, by resolution, appoint an Ad -Hoc or Task Force Committee for a specific project, if the duration of the Committee does not exceed three (3) years duration. The resolution must set forth the duties and responsibilities of the Committee and contain language that automatically dissolves the Committee within the specified year from the date of adoption of the Committee members by the Commission. SECTION FIVE: Qualifications and Requirements for Membership on Boards. A. All members of County Boards shall be permanent residents and electors of Collier County and should be reputable and active in community service. The foregoing requirement may be exempted, however, if an ordinance creating a board specifies the need for membership outside Collier County's boundaries. In addition, all Board members should have demonstrated an interest in the activity or service, which is the purpose of the Board. The provisions of this paragraph may be exempted, however, if an ordinance creating a board specifies the need for membership outside Collier County's boundaries. B. Any member of a County Board who ceases to be a resident of Collier County during his or her term of office shall immediately advise the Commission of such change in status. Upon such notice, the Commission shall declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six, herein. r C. The Commission's primary consideration in appointing Board members shall be to provide the Board with the technical, professional, financial, business or administrative expertise necessary to effectively accomplish the Board's purpose. Categories of expertise referenced by County Boards' Ordinances as qualifications for Board membership are considered to be primarily directory and not mandatory, D. No person shall serve on more than two County Boards simultaneously. If application is made for service on a third Board, the applicant must resign simultaneously from one of his or her current Board positions, or the application for a third Board shall be disqualified. This provision, however, may be waived to allow for service on additional Boards provided the Commission votes unanimously to waive such provision. E. No member of any County Board shall become a candidate for an elective political office and continue to serve on such Board during his or her candidacy. Should any County Board member become a candidate for an elective political office, such 2 16I candidacy shall be deemed a tender of resignation from such Board and the Board shal� e • ` immediately advise the Commission in writing of said resignation. The Commission shall deem the position vacant upon receipt of written notice of said resignation. The t Board member shall not serve at any meetings after his or her position becomes vacant pursuant to this Ordinance. F. The commencement of a legal challenge by a Board member as a plaintiff in a lawsuit against Collier County shall constitute a conflict of interest with Collier County and shall be deemed a tender of resignation from such Board. The County Board member's position shall automatically be considered vacant and the Commission shall promptly fill same pursuant to the provisions of Section Six, herein. G. No member of any County Board, as defined herein, shall print or create, or have printed or created, or use or distribute any business or informational card depicting the County logo or in any way representing such Board member as a representative of Collier County or as a County Board member. The County Manager or his or her designee may, upon request and prior approval in writing, authorize the County Board members to obtain a County photo identification card identifying such members as a County advisory Board member. SECTION SIX: Process of Appointment. A. Vacancies occurring on any Board shall be publicized, but need not be advertised, in a publication of general circulation within the County, and vacancy notices are to be posted in the County libraries and the County Government Center. B. Prior to making appointments to Boards, staff shall provide the Commission with a list outlining the qualifications and demographic background of each candidate for Board membership, along with a list detailing the qualifications and demographic backgrounds of present members seeking reappointment on each board to which an appointment is being made. SECTION SEVEN: Term of Office. A. Terms of office shall be staggered. B. Terms of office for Board members shall be limited to two consecutive terms of service on any one Board; provided, however, that appointment of a Board member to an initial term of one year shall not be considered a "term of office" for purpose of the limitations set forth in this Section, and such members shall be entitled to serve two additional terms if so appointed. C. Appointments to fill a vacancy for the remainder or balance of a term of office shall be considered a term of office for the purpose of the limitations set forth in Section Seven B, above, only if the remainder of the term to be served exceeds fifty percent (50 %) of the full term. D. By unanimous vote of the Commission, the limitations set forth in Section Seven B above may be waived. E. Nothing set forth In this Section shall prohibit any individual from being reappointed to a Board after a hiatus of two (2) years. 16 #1 A3 F. All members of Boards created by the Commission shall serve at the pleasure of the Commission and may automatically be removed by a majority vote of the quorum of the Commission. SECTION EIGHT: Attendance Requirement. It is the intent and strong desire of the Commission that there be full attendance of advisory Board members at all meetings of the Boards, recognizing, however, that it may be necessary for Board members to be absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at Board meetings is encouraged and necessary for the proper operation of the Boards and in furtherance thereof the following requirements are established: A. Any Board member who is absent for more than one -half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six herein. The Board members shall not serve at any meetings after his or her position is declared vacant by the Commission. B. In the event that any Board member is absent from two consecutive meetings without a satisfactory excuse acceptable to the Board chairperson, the Board chairperson shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in writing, the Executive Manager to the Commission of the Board member's failure to attend without a satisfactory excuse. The Commission shall review the Board chairperson's notification at the Commission meeting and shall declare the Board member's position to be vacant if the Commission concurs that the Board member was absent from two consecutive Board meetings without a satisfactory excuse, and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant. f C. A member of a Board shall be deemed absent from a meeting when he or she is not present during at least seventy five percent (75 %) of the meeting. SECTION NINE: Review of Boards. Each Board shall be reviewed in the following manner: A. All Boards shall be reviewed every four (4) years from the year the Board was first established. B. The County Manager or his designee shall provide notice to the Board prior to its date of review. On or before January 15" of the year in which a Board is to be reviewed, its Chairperson shall submit to the County Manager a report setting forth the following information regarding the Board: 1.) Whether the Board is serving the purpose for which it was created. 2.) Whether the Board is adequately serving current community needs. 3.) A list of the Board's major accomplishments for the preceding twelve month period. 4 1611 p 3 4.) Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. 5.) Whether the ordinance creating the Board should be amended to allow the board to more adequately serve the purpose for which it was created. 6.) Whether the Board's membership requirements should be modified. 7.) The cost, both direct and indirect, of maintaining the Board. C. On or before February 15`h of the year in which a Board is to be reviewed, the County Manager shall deliver to the Commission the report submitted by the Chairperson of each Board, pursuant to Section Nine (B) of this Ordinance, together with any recommendation or comments the County Manager may have. In order to assist the County Manager and the Commission in the evaluation of the Chairperson's report, the County Manager and Commission may review applicable minutes of meetings of the Boards. All Boards shall be required to forward the minutes of all Board meetings to the Commission in a timely manner. D. During March of the year in which a Board is to be reviewed, the Chairperson shall make an oral presentation to the Commission. Said presentation shall be based upon the report submitted to the County Manager pursuant to Section Nine (B) of this Ordinance. At the conclusion of said oral presentation any Commissioner may request the formation of a subcommittee consisting of three (3) members of the Commission. Said subcommittee shall evaluate the Chairperson's report, the County Manager's recommendations and any other information it deems relevant to determine whether the Board shall continue in its present form. The subcommittee shall report to the Commission not later than within ninety (90) days after their initial meeting. E. At the conclusion of this review process, the Commission shall determine whether to abolish, continue, consolidate or modify the Board for the ensuing four years. SECTION TEN: Repeal of Ordinance No. 86 -41, As Amended. r Collier County Ordinance No. 86 -41, as amended by Ordinance No. 92 -44, 98 -46, and 2000 -24, is hereby repealed in its entirety. SECTION ELEVEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and Independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWELVE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. All references in the 5 1611 A3 Code Of Laws and Ordinances to Ordinance No. 86 -41 and its amendments shall be changed to reflect the number assigned to this Ordinance. SECTION THIRTEEN: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this . 3 ^`� _ day of October, 2001. DWI(; F r >' BOARD OF COUNTY COMMISSIONERS, DWI(; COLLIER COUNTY, FLORIDA. ttltt tp t1%saA''s tltN'� 3y' •C . By: Deputy Jerk JAMES . CARTER, Ph.D., Chairman Approved as to form and legal sufficiency: David C. Weigel County Attorney h:Poblic/kay /ordinances 6 This ordinonc� ^d with the Secretary ,I It It�y _��_ OHice tl e -2"ay of lJ_aLZ_ and acknow'ed_oemcngt "off that filing received this a4ld1doy of )A x 1611 3 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. 2001 -55 Which was adopted by the Board of County Commissioners on the 23rd day of October, 2001, during Regular Session. WITNESS my hand and the official seal of the Board 0 County Commissioners of Collier County, Florida, this 24th da�c, N of October, 2001. �a rn of I � DWIGHT E. BROCK Clerk of Courts arid= ;, @ %k., Ex- officio to B6 ' County CommissidneLr By: Teri Michael "s Deputy Clerk,,,' o� N 1611 A 3 ORDINANCE NO. 06- 63 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ADDING ABBREVIATIONS, SECTION 1.08.02 ADDING DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING, SECTION 2.03.01 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS INCLUDING MAPS, SECTION 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT; SECTION 2.06.01 GENERALLY; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION 3.03.05 SEA LEVEL RISE, SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.10 LITTORAL SHELF PLANTING AREA; CHAPTER 4 - SITE DESIGN STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION REQUIREMENTS FOR ALL DEVELOPMENTS, SECTION 4.02.16 DESIGN STANDARDS FOR THE BMUD NEIGHBORHOOD COMMERCIAL SUBDISTRICT, SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD WATERFRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD RESIDENTIAL SUBDISTRICT (RI), SECTION 4.02.23 SAME DEVELOPMENT IN THE ACTIVITY CENTER #9 ZONING DISTRICT, SECTION 4.02.35 DESIGN STANDARDS IN THE GTMUD MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD RESIDENTIAL SUBDISTRICT (R), ADDING SECTION 4.02.38 SPECIFIC DESIGN CRITERIA FOR MIXED USE DEVELOPMENT WITHIN C -1 THROUGH C -3 ZONING DISTRICTS, SECTION 4.03.05 SUBDIVISION DESIGN REQUIREMENTS, SECTION 4.04.02 ACCESS MANAGEMENT, " SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.07.04 SPECIAL REQUIREMENTS FOR MIXED USE PLANNED UNIT DEVELOPMENTS CONTAINING A COMMERCIAL COMPONENT; CHAPTER 5 - SUPPLEMENTAL STANDARDS INCLUDING SECTION 5.03.06 DOCK FACILITIES, SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.02 PERMITTED SIGNS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS, SECTION 5.06.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS, SECTION 5.06.06 PROHIBITED SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS INCLUDING, SECTION 6.02.02 MANAGEMENT AND MONITORING PROGRAM, SECTION 6.06.02 SIDEWALKS AND BIKE LANE REQUIREMENTS; CHAPTER 8 - DECISION - MAKING AND ADMINISTRATIVE BODIES INCLUDING, SECTION 8.06.03 POWERS AND Page 1 of 96 Words � :;; , are deleted, words underlined are added 1611 1 unpaet (URI)' lands wiitI special treatment (5 "f) or alra of a -ihcal slate concern /special lrea0uent (ACSC /ST) coning overlays o, any petition I'or which environmental Issues cannot be resolved between the applicant and staff and wtlich is requested by either party to be I leard by tale LAC. 1 I le (- shall also review any petition which requires approval of the Collier County Planning Commission (CCPC) or the board of county commissioners (BCC) where staff receives a request from the chairman of the EAC, CCPC or the BCC for that petition to be reviewed by the EAC. 1. Any petitioner may request a waiver to the EAC hearing requirement, when the following considerations are met: 1) no protected species or wetland impacts are identified on the site; 2) an EIS waiver has been administratively granted; 3) ST zoning is present and an administrative approval has been granted; or 4) an EIS was previously completed and reviewed by staff and heard by a predecessor environmental board, and that EIS is less than five years old (or if older than five years, has been updated within six months of submittal) and the master plan for the site does not show greater impacts to the previously designated preservation areas. 2. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowing treated stormwater to be discharged in preserves as allowed In section 3 O5 U7 SUBSECTION 3. LL. AMENDMENTS TO SECTION 8.06.04 Membership SECTION 8.06.04 Membership, of Ordinance 04 -41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 8.06.04 Membership A. Appointment. Nine (9) regular members and 2 alternate members of the EAC shall be appointed by, and serve at the pleasure of, the BCC. Alternate members will be reauesteri to �tto..a EAC shall be by resolution of the BCC and shall set forth the ndatet of appointment and the term of office. Each appointment shall be for a term of fGW4 4 ) years. Terms shall be staggered so that no more than a minority of such members' appointments will expire in any one year. B. Vacancies. Vacancies on the EAC shall be publicized in a publication of general circulation within the County, and vacancy notices shall be posted in the County libraries and County courthouse. C. Qualifications. Members shall be permanent residents and electors of the County and should be reputable and active in community service. The primary consideration in appointing EAC members shall be to provide the BCC with technical expertise and other viewpoints that are necessary to effectively accomplish the EAC's purpose. In appointing members, the BCC should consider a membership guideline of 64H 6 ) technical r_eoular members and t+*e" 3 ) non - technical re ular members, and 2 technical alternate members . Technical members shall demonstrate evidence of expertise in one(1) or more of the following areas related to environmental protection and natural resources management: air quality, biology (including any of the sub- disciplines such as botany, ecology, zoology, etc.), coastal processes, estuarine processes, hazardous waste , hydrogeology, hydrology, hydraulics, land use law, land use planning, pollution control, solid waste , stormwater management, water resources, wildlife management, or other representative area deemed appropriate by the BCC. st SUBSECTION 3. MM. ADDITION OF SECTION 8.06.10 Appeal Page 77 o -97 words sHVe -dqh are deleted, words underlined are added 1611 A 3 //Collier County, Florida /LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Codified through Ord. No. 06 -29, adopted June 6, 2006. (Supplement No. 3) /CHAPTER 8 DECISION - MAKING AND ADMINISTRATIVE BODIES /8.06.00 ENVIRONMENTAL ADVISORY COUNCIL , 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL 8.06.01 Establishment There is hereby established an Environmental Advisory Council ( "EAC "). The EAC obtains its jurisdiction, powers, and limits of authority from the BCC, and pursuant to this LDC, shall act in an advisory capacity to the BCC in matters dealing with the regulation, control, management, use, or exploitation of any or all natural resources of or within the County, and the review and evaluation of specific zoning and development petitions and their impact on those resources. (Ord. No. 05 -27, § 3.NN) 8.06.02 Purpose The EAC will function to: A. Advise on the preservation, conservation, protection, management, and beneficial use of the physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) of the County in regard to the safety, health, and general well -being of the public; B. Advise and assist the County staff and the BCC toward developing the purpose, intent, and criteria of all County ordinances, policies, programs, and other initiatives dealing with natural resources; C. Provide written and oral reports directly to the BCC regarding recommendations on matters dealing with the protection of natural resources; and r D. Review and recommend stipulations addressing the preservation, conservation, protection, management, and beneficial use of the County's physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) for petitions and /or plans for selected development orders, including, but not limited to, rezones, developments of regional impact, provisional uses, subdivision master plans, and planned unit development amendments that are directed to the EAC by County staff, the BCC, or the provisions of this LDC. 8.06.03 Powers and Duties The powers and duties of the EAC are as follows: A. Identify, study, evaluate, and provide technical recommendations to the BCC on programs necessary for the conservation, management, and protection of air, land, and water resources and environmental quality in the County, B. Advise the BCC in establishing goals and objectives for the County's environmental conservation and management programs; 161 1 A3 C. Advise the BCC in developing and revising, as appropriate, local rules, ordinances, regulations, programs, and other initiatives addressing the use, conservation, and preservation of the County's natural resources; D. Advise the BCC in the implementation and development of the GMP regarding environmental and natural resource issues; E. Advise the BCC in identifying and recommending solutions to existing and future environmental issues; F. Serve as the technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County environmental resources management program as stated in the Collier County GMP; G. Implement the water policy pursuant to this LDC; H. Provide an opportunity for public comment on environmental issues, ordinances, and programs; I. Implement the provisions of the Conservation and Coastal Management Element of the Collier County GMP during the review process for development petitions and /or plans; J. Participate in the review and recommendation process for excavations over 500,000 cubic yards,; K. Assist in the implementation of any new programs, ordinances, and /or policies adopted by the BCC which deal with the conservation, management, and protection of air, land, water, and natural resources and environmental quality in the County; L. Provide an appellate forum and process to hear disputes between County staff and applicants concerning land development projects and recommend proposed stipulations for project approval or grounds for project denial for BCC consideration; M. Function as an environmental impact statement (EIS) review board pursuant to Chapter 10; and N. All preliminary subdivision plat and /or sitedevelopment plan submissions for development or site alteration on a shoreline and /or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the EAC. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. 1. An applicant aggrieved by action of the EAC may appeal to the BZA. Said appeal shall be in accordance with the procedure and standards of section 10.02.02 for appeal of written interpretations. O. The EAC shall review all land development petitions which require the following: an environmental impact statement (EIS) per section 10.02.02 of the LDC; alldevelopments of regional impact (DRI); lands with special treatment (ST) or area of critical state concern /special treatment (ACSC /ST) zoning overlays; or any petition for which environmental issues cannot be resolved between the applicant and staff and which is requested by either party to be heard by the EAC. The EAC shall also review any petition which requires approval of the Collier County Planning Commission (CCPC) or the board of county commissioners (BCC) where staff receives a request from the chairman of the EAC, CCPC or the BCC for that petition to be reviewed by the EAC. 1. Any petitioner may request a waiver to the EAC hearing requirement, when the following considerations are met: 1) no protected species or wetland impacts are identified on the site; 2) an EIS waiver has been administratively granted; 3) 1611 A 3 ST zoning is present and an administrative approval has been granted; or 4) an EIS was previously completed and reviewed by staff and heard by a predecessor environmental board, and that EIS is less than five years old (or if older than five years, has been updated within six months of submittal) and the master plan for the site does not show greater impacts to the previously desigryatdd preservation areas. 2. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC. (Ord. No. 04 -72, § 3.W; Ord. No. 05 -27, § 3.00) 8.06.04 Membership A. Appointment. Nine (9) members of the EAC shall be appointed by, and serve at the pleasure of, the BCC. Appointment to the EAC shall be by resolution of the BCC and shall set forth the date of appointment and the term of office. Each appointment or reappointment shall be for a term of four (4) years. Terms shall be staggered so that no more than a minority of such members' appointments will expire in any one (1) year. B. Vacancies. Vacancies on the EAC shall be publicized in a publication of general circulation within the County, and vacancy notices shall be posted in the County libraries and County courthouse. C. Qualifications. Members shall be permanent residents and electors of the County and should be reputable and active in community service. The primary consideration in appointing EAC members shall be to provide the BCC with technical expertise and other viewpoints that are necessary to effectively accomplish the EAC's purpose. In appointing members, the BCC should consider a membership guideline of six (6) technical members and three (3) non- technical members. Technical members shall demonstrate evidence of expertise in one(1) or more of the following areas related to environmental protection and natural resources management: air quality, biology (including any of the subdisciplines such as botany, ecology, zoology, etc.), coastal processes, estuarine processes, hazardous waste , hydrogeology, hydrology, hydraulics, land use law, land use planning, pollution control, solid waste, stormwater management, water resources, wildlife management, or 9ther representative area deemed appropriate by the BCC. D. Removal. Any member of the EAC may be removed from office by a majority vote of the BCC. E. Officers. The officers of the EAC shall be a chairman and a vice - chairman. Officers' terms shall be for one (1) year, with eligibility for reelection. The chairman and vice - chairman shall be elected by a majority vote at the organizational meeting and thereafter at the first regular meeting of the EAC in October of each year. The chairman shall preside at all meetings of the EAC. The vice - chairman shall perform the duties of the chairman in the absence or incapacity of the chairman. In case of removal, resignation,or death of the chairman, the vice - chairman shall perform such duties as are imposed on the chairman until such time as the EAC shall elect a new chairman. Should the offices of chairman and or vice - chairman become vacant, the EAC shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. 8.06.05 Quorum and Voting A simple majority of the appointed members of the EAC shall constitute a quorum for the Purpose of conducting business. An affirmative vote of five (5) or more m1 m1 rs shall be necessary in order to take official action, regardless of whether five (5) or more members of the EAC are present at a meeting. 8.06.06 Rules of Procedure A. The EAC shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings, and determinations. B. The following standing subcommittees comprised solely of the EAC's membership shall exist to advance the duties and responsibilities of the EAC: 1. Growth management. The EAC may establish other subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the EAC. 8.06.07 Compensation Members of the EAC shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the BCC. 8.06.08 Meetings Regular meetings of the EAC shall be held on the first Wednesday of each month at 9:00 a.m. or otherwise as determined by the County Manger or designee, in the BCC's meeting room, third floor, building "F," Collier County Government Complex, Naples, Florida. Special meetings of the EAC may be called by the chairman or by a majority of the membership. 8.06.09 Evaluation of the EAC The EAC shall be reviewed for major accomplishments and whether it is serving the purpose for which it was created once every four (4) years commencing with 2003 in accordance with the procedures contained in Collier County Ordinance No. 86 -41, as amended. jDam i of (',o$im gaunt* eammmmnm 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 252 -8097 • Fax (239) 252 -3602 May 16, 2008 Donna Fiala District I Frank Haias District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Mr. Paul Lehmann 4009 Belair Lane Naples, FL 34103 Re: Environmental Advisory Council 111=5=0I iTiFTI , I am writing this letter in reference to a discussion by the Board of County Commissioners on May 13, 2008, under agenda item 9G, regarding "powers and duties" of advisory board members. While we appreciate your willingness to volunteer your services and the tireless effort that you put into the meetings, it has been brought to our attention that on several occasions, certain committees have discussed and made recommendations that do not fall under the powers and duties assigned to that particular committee. The purpose of this letter is to request that all advisory committee members review both the Ordinance creating your committee, together with the by -laws and guidelines adopted (if any) and adhere to the powers and duties assigned to your committee. On behalf of the Board of County Commissioners, I would like to take this opportunity to express our sincere gratitude for the fine work you have performed as a member of the Environmental Advisory Council. Please feel free to contact me if you have any questions. Cordially, ,r ,r A Tom Henning, Chairm Commissioner, District TH:sf Ms. Judith Hushon 1659 Chinaberry Court Naples, FL 34105 Re: Environmental Advisory Council Dear Ms. Hushon: I am writing this letter in reference to a discussion by the Board of County Commissioners on May 13, 2008, under agenda item 9G, regarding "powers and duties" of advisory board members. While we appreciate your willingness to volunteer your services and the tireless effort that you put into the meetings, it has been brought to our attention that on several occasions, certain committees have discussed and made recommendations that do not fall under the powers and duties assigned to that particular committee. The purpose of this letter is to request that all advisory committee members review both the Ordinance creating your committee, together with the by -laws and guidelines adopted (if any) and adhere to the powers and duties assigned to your committee. On behalf of the Board of County Commissioners, I would like to take this opportunity to express our sincere gratitude for the fine work you have performed as a member of the Environmental Advisory Council. Please feel free to contact me if you have any questions. Cordially, '. LA. Tom Henning, Chairmi'' Commissioner, Distric} TH:sf 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 252 -8097 • Fax (239) 252 -3602 May 16, 2008 lb Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Ms. Judith Hushon 1659 Chinaberry Court Naples, FL 34105 Re: Environmental Advisory Council Dear Ms. Hushon: I am writing this letter in reference to a discussion by the Board of County Commissioners on May 13, 2008, under agenda item 9G, regarding "powers and duties" of advisory board members. While we appreciate your willingness to volunteer your services and the tireless effort that you put into the meetings, it has been brought to our attention that on several occasions, certain committees have discussed and made recommendations that do not fall under the powers and duties assigned to that particular committee. The purpose of this letter is to request that all advisory committee members review both the Ordinance creating your committee, together with the by -laws and guidelines adopted (if any) and adhere to the powers and duties assigned to your committee. On behalf of the Board of County Commissioners, I would like to take this opportunity to express our sincere gratitude for the fine work you have performed as a member of the Environmental Advisory Council. Please feel free to contact me if you have any questions. Cordially, '. LA. Tom Henning, Chairmi'' Commissioner, Distric} TH:sf Xamd of Cal.&* eoutttg C'attuttf awttm 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 252 -8097 • Fax (239) 252 -3602 May 16, 2008 Donna Fiala District I Frank Halal District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Mr. Nick Penniman 611 Portside Drive Naples, FL 34103 Re: Environmental Advisory Council Dear Mr. Penniman: I am writing this letter in reference to a discussion by the Board of County Commissioners on May 13, 2008, under agenda item 9G, regarding "powers and duties" of advisory board members. While we appreciate your willingness to volunteer your services and the tireless effort that you put into the meetings, it has been brought to our attention that on several occasions, certain committees have discussed and made recommendations that do not fall under the powers and duties assigned to that particular committee. The purpose of this letter is to request that all advisory committee members review both the Ordinance creating your committee, together with the by -laws and guidelines adopted (if any) and adhere to the powers and duties assigned to your committee. On behalf of the Board of County Commissioners, I would like to take this opportunity to express our sincere gratitude for the fine work you have performed as a member of the Environmental Advisory Council. Please feel free to contact me if you have any questions. Cordially, Tom Henning, Chairm' Commissioner. Distric 3 TH:sf 53amd o f eaeP. 4 e uxttV Camr m6wnm 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 252 -8097 • Fax (239) 252 -3602 May 16, 2008 Donna Fiala District I Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Ms. Allison Megrath 4290 14th Street, N.E. Naples, FL 34120 Re: Environmental Advisory Council Dear Ms. Megrath: rl 1 I am writing this letter in reference to a discussion by the Board of County Commissioners on May 13, 2008, under agenda item 9G, regarding "powers and duties" of advisory board members. While we appreciate your willingness to volunteer your services and the tireless effort that you put into the meetings, it has been brought to our attention that on several occasions, certain committees have discussed and made recommendations that do not fall under the powers and duties assigned to that particular committee. The purpose of this letter is to request that all advisory committee members review both the Ordinance creating your committee, together with the by -laws and guidelines adopted (if any) and adhere to the powers and duties assigned to your committee. On behalf of the Board of County Commissioners, I would like to take this opportunity to express our sincere gratitude for the fine work you have performed as a member of the Environmental Advisory Council. Please feel free to contact me if you have any questions. Cordially, t v , Tom Henning, Chain Commissioner, DistricA TH:sf M J`3acmd of eo@Qivc Cc' u ntV eamniti. 6wnew 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 252 -8097 • Fax (239) 252 -3602 May l6, 2008 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Mr. Roger Jacobsen 146 San Salvador Street Naples, FL 34113 Re: Environmental Advisory Council Dear Mr. Jacobsen: 1611 A3 Qf� I am writing this letter in reference to a discussion by the Board of County Commissioners on May 13, 2008, under agenda item 9G, regarding "powers and duties" of advisory board members. While we appreciate your willingness to volunteer your services and the tireless effort that you put into the meetings, it has been brought to our attention that on several occasions, certain committees have discussed and made recommendations that do not fall under the powers and duties assigned to that particular committee. The purpose of this letter is to request that all advisory committee members review both the Ordinance creating your committee, together with the by -laws and guidelines adopted (if any) and adhere to the powers and duties assigned to your committee. On behalf of the Board of County Commissioners, I would like to take this opportunity to express our sincere gratitude for the fine work you have performed as a member of the Environmental Advisory Council. Please feel free to contact me if you have any questions. Cordially, �t Tom Henning, Chairm Commissioner, Distric TH:sf Xoaad o f C'aClPw% eauniV eamt waicuzm 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 252 -8097 • Fax (239) 252 -3602 May 16, 2008 Donna Fiala District I Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Mr. William Hughes 4501 Rosea Court Naples, FL 34104 Re: Environmental Advisory Council Dear Mr. Hughes: I am writing this letter in reference to a discussion by the Board of County Commissioners on May 13, 2008, under agenda item 9G, regarding "powers and duties" of advisory board members. While we appreciate your willingness to volunteer your services and the tireless effort that you put into the meetings, it has been brought to our attention that on several occasions, certain committees have discussed and made recommendations that do not fall under the powers and duties assigned to that particular committee. The purpose of this letter is to request that all advisory committee members review both the Ordinance creating your committee, together with the by -laws and guidelines adopted (if any) and adhere to the powers and duties assigned to your committee. On behalf of the Board of County Commissioners, I would like to take this opportunity to express our sincere gratitude for the fine work you have performed as a member of the Environmental Advisory Council. Please feel free to contact me if you have any questions. Cordially, Tom Henning, ChairmI Commissioner, Distric �3 TH:sf `J3aafcd o f edam Cautdg C'.ammoeu>rcm 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 252 -8097 • Fax (239) 252 -3602 May 16, 2008 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Mr. Llewellyn Williams, Ph.D. 3824 Jasmine Lake Ct. Naples, FL 34119 Re: Environmental Advisory Council Dear Mr. Williams: • 1 j,q, r z I am writing this letter in reference to a discussion by the Board of County Commissioners on May 13, 2008, under agenda item 9G, regarding "powers and duties" of advisory board members. While we appreciate your willingness to volunteer your services and the tireless effort that you put into the meetings, it has been brought to our attention that on several occasions, certain committees have discussed and made recommendations that do not fall under the powers and duties assigned to that particular committee. The purpose of this letter is to request that all advisory committee members review both the Ordinance creating your committee, together with the by -laws and guidelines adopted (if any) and adhere to the powers and duties assigned to your committee. On behalf of the Board of County Commissioners, I would like to take this opportunity to express our sincere gratitude for the fine work you have performed as a member of the Environmental Advisory Council. Please feel free to contact me if you have any questions. Cordially, Tom Henning, Chairm Commissioner, Distric TH:sf 33amd of ea wA eountV ea.mr wawnm 3301 East Tarriami Trail • Naples, Florida 34112 - 4977 (239) 252 -8097 • Fax (239) 252 -3602 May 16, 2008 Donna Fiala District I Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Mr. Michael Sorrell 2335 Wilson Boulevard, N. Naples, FL 34120 Re: Environmental Advisory Council Dear Mr. Sorrell: I am writing this letter in reference to a discussion by the Board of County Commissioners on May 13, 2008, under agenda item 9G, regarding "powers and duties" of advisory board members. While we appreciate your willingness to volunteer your services and the tireless effort that you put into the meetings, it has been brought to our attention that on several occasions, certain committees have discussed and made recommendations that do not fall under the powers and duties assigned to that particular committee. The purpose of this letter is to request that all advisory committee members review both the Ordinance creating your committee, together with the by -laws and guidelines adopted (if any) and adhere to the powers and duties assigned to your committee. On behalf of the Board of County Commissioners, I would like to take this opportunity to express our sincere gratitude for the fine work you have performed as a member of the Environmental Advisory Council. Please feel free to contact me if you have any questions. Cordially, / Tom Henning, Chairm Commissioner, Distri7 TH:sf Xomd o f C'aePmt eaunty eammm iwnvo 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 252 -8097 • Fax (239) 252 -3602 May 16, 2008 Donna Fiala District 1 Frank Hain District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Mr. David Bishof 9672 Litchfield Lane Naples, FL 34109 Re: Environmental Advisory Council Dear Mr. Bishof: I am writing this letter in reference to a discussion by the Board of County Commissioners on May 13, 2008, under agenda item 9G, regarding "powers and duties" of advisory board members. While we appreciate your willingness to volunteer your services and the tireless effort that you put into the meetings, it has been brought to our attention that on several occasions, certain committees have discussed and made recommendations that do not fall under the powers and duties assigned to that particular committee. The purpose of this letter is to request that all advisory committee members review both the Ordinance creating your committee, together with the by -laws and guidelines adopted (if any) and adhere to the powers and duties assigned to your committee. On behalf of the Board of County Commissioners, I would like to take this opportunity to express our sincere gratitude for the fine work you have performed as a member of the Environmental Advisory Council. Please feel free to contact me if you have any questions. Cordially, v Tom Henning, Chairm Commissioner, Distric TH:sf J3amd o f eaffw4 &uuaty Cantmi6,3wn. 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 252 -8097 • Fax (239) 252 -3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Colena District 5 Ms. Susan Snyder 17 Bluebill Avenue, 4803 Naples, FL 34108 Re: Environmental Advisory Council Dear Ms. Snyder: May 16, 2008 I am writing this letter in reference to a discussion by the Board of County Commissioners on May 13, 2008, under agenda item 9G, regarding "powers and duties" of advisory board members. While we appreciate your willingness to volunteer your services and the tireless effort that you put into the meetings, it has been brought to our attention that on several occasions, certain committees have discussed and made recommendations that do not fall under the powers and duties assigned to that particular committee. The purpose of this letter is to request that all advisory committee members review both the Ordinance creating your committee, together with the by -laws and guidelines adopted (if any) and adhere to the powers and duties assigned to your committee. On behalf of the Board of County Commissioners, I would like to take this opportunity to express our sincere gratitude for the fine work you have performed as a member of the Environmental Advisory Council. Please feel free to contact me if you have any questions. Cordially, Tom Henning, Chairm ` Commissioner, Distric TH:sf FOREST LAKES Fiala Halas Coyle Colette I. Call to Order II. Attendance III. Approval of Agenda 1611 R( WNN Al' AND OR kI A(,f: NII.SA'A . ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 May 14, 2008 Agenda IV. Approval of Minutes — April 9, 2008 A4 RECEIVED MAY 2 7 2008 Board of County Commissioners V. Transportation Services Report A. Budget — Caroline Soto B. Project Manager Report — Darryl Richard, Chris Tillman/ Malcome Pirine 1. Recommendations from Engineer on need for yield signs. 2. Pending Final Revision on tree trimming. VI. Old Business VII. New Business VIII. Public Comments IX. Adjournment Misc. Corres. / I Item S to The next meeting will be on June 10, 2008 10:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 N 161 1 q4 ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 April 9, 2008 Minutes I. Call to Order Meeting was called to order at 10:00 a.m. by Robert Jones. Quorum was established. II. Attendance Members: Robert Jones, Harold Bergdoll, Virginia Donovan, George Fogg, William Seabury County: Darryl Richard — Project Manager Other: Chris Tilman — Malcolm Pirnie, Jeffrey Gower — Malcolm Pirnie, Sue Chapin — Mancan, Sue Flynn — Mancan III. Approval of Agenda George Fogg moved to approve the Agenda as amended. Second by Robert Jones. Motion carried unanimously 5 -0. IV. Approval of Minutes — April 9, 2008 George Fogg moved to approve the Minutes as submitted. Second by William Seabury. Motion carried unanimously 5 -0. V. Transportation Services Report A. Budget — Caroline Soto in Caroline Soto's absence Darryl Richard distributed and reviewed the Budget Report. (See attached) 1. Operating Expense Budget $312,600 2. Total Available Operating Expense $182,883.78 B. Project Manager Report — Darryl Richard, Chris Tilman /Malcome Pirnie, Jeffrey Gower /Malcome Pirnie (Report was distributed and reviewed. (See attached) Golf Course Drainage Swale Repair for Phase 1, 2 and 3 — Contractor proposals for all 3 phases were received and quote as follows: • Better Roads, Inc. - $1 ,725,824.00 • Quality Enterprises - $874,642.05 • Bonness, Inc. - $851,940.39 1611 A4 George Fogg moved to approve the 3 quotes as specified, Phase 1, 2 and 3 to $240,000 on Phase I, $275,000 on Phase 11 and $350,000 on Phase III. Second by Harold Bergdoll. Motion carried unanimously 5 -0. • Overlay Quail Forest Blvd — Notice letter for Quail Forest paving work was distributed to condo presidents informing them of 4/14 start date. Discussions were made regarding drainage from golf course, swales, roadways and easements in the community. In addition, the community would like all the cul-de -sacs repaved. Discussions ensued on Waste Management service problem with big trucks tearing up the roads and how to solve the issue and the possibility of getting service with a smaller truck. George Fogg moved to approve RWA contract as amended which was presented on the March 20th memorandum. Second by Harold Bergdoll. Motion carried unanimously 5 -0. George Fogg moved to have RWA do supplemental survey contracts for right -of -ways on Forest Lakes Villas and Mira Vista with fees not to exceed $30,000. Second by Virginia Donovan. Motion carried unanimously 5 -0. Darryl Richard stated they are currently working on a draft for an ERP Application for the District and letters were mailed out to presidents of each of the associations in Forest Lakes. Robert Jones requested the Bond & Interest Revenue to show on the Budget Report. Daryl Richard responded that he would request this item to reflect on the next meetings' Budget Report. Discussions ensued on water backup and debris removal that should have been part of Project 6. VI. Old Business — None. VII. New Business Discussions were made concerning safety issues; reflectors on road edges; bar lines and speed limit signs. The Committee would like to see the entrance/exit off Pine Ridge Road be altered due to safety issues. Harold Bergdoll moved to authorize the Engineer do a study on the entrance /exit of Forest Lake and Pine Ridge Road. Second by Robert Jones. Motion carried unanimously 5 -0. 2 1611 A4 VIII. Public Comments - None. IX. There being no further business to come before the Committee, the meeting was adjourned by the Chair at 11:35 A.M. Forest Lakes Roadway and Drainage MSTU Advisory Committee Robert Jones, C a rman These minutes approved by the Committee on As presented ti or amended The next meeting will be on May 14, 2008 10:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 [A K E S ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 SUMMARY OF MINUTES & MOTIONS April 9, 2008 III. Approval of Agenda 1611 A4 George Fogg moved to approve the Agenda as amended. Second by Robert Jones. Motion carried unanimously 5 -0. IV. Approval of Minutes — April 9, 2008 George Fogg moved to approve the Minutes as submitted. Second by William Seabury. Motion carried unanimously 5 -0. V. Transportation Services Report A. Budget —Caroline Soto B. Project Manager Report — Darryl Richard, Chris Tillman/ Malcome Pirine Golf Course Drainage Swale Repair for Phase 1, 2 and 3 1. Recommended approval for $851,940.39 Bonness quote for all 3 Phases. 2. Recommended approval for additional monies to continue Swale Repair per Phase to; $240,000 on Phase I, $275,000 on Phase II and $350,000 on Phase III. George Fogg moved to approve the 3 quotes as specified, Phase 1, 2 and 3 to $240,000 on Phase 1, $275,000 on Phase II and $350,000 on 1611 A 4 VII. New Business Harold Bergdoll moved to authorize the Engineer do a study on entrance /exit of Forest Lake and Pine Ridge Road. Second by Robert Jones. Motion carried unanimously 5 -0. � ■ e 2 §2 jME LL. 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April 4, 2008 Mr. Darryl Richard Project Manager Collier County Department of Atternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 Re: Forest Lakes MSTU Bond Issue Projects (Project Nos. 3a, 3b, and 3c) Quail Run Swale Restoration - Phases 1, 2 and 3 Dear Mr. Richard: We have reviewed the quotes for the above referenced projects and recommend awarding all three projects to Bonness, Inc. If you have any questions or need any additional information, please feel free to contact me at (239) 332-1300. Sincerely, MALCOLM PiR E, INC. Xnstopr C. Tilman, P.E. Senior Consultant 4037-088 FOREST LAKES MSTU PROJECT STATUS REPORT 1611 4/7/2008 4:50:00 PM Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes (F- 50) —A( I-IVE (POC: Darryl Richard, Stltl [ M1,011; Chris "I dinall. P.I:. Project Management ('onsultam) - PHASE H: Project 6b: March - Sept 2008; Budget $1,220,000.00 (6a, 6b, and 6c budget) Reconstruct swale at southern end PROJECT PHASE Start - End Dab Scope Preparation Survey NTP Date NIA Survey Complete NIA Easements Included In BCC resolution - EassmentAgreement Signed NIA . Easement Survey Completed NIA - OBE Report Completed NIA - Legal Review Completed NIA - BCC Approval Date Contractor Solicitation Contractor Selected Cowry WO Processing MSTU Cmts Funding Approved Contractor NTP Date Est Construction Schedule Est Construction Completion Date Project Notes: 3- 10 -08: PO issued to Malcolm Pimie for Phase 2 Field Services. 4 -7 -08: MP working with ATM Dept and Crate to identify additional issues that may need to be addressed in conjunction with Swale reconstruction. (F- 49)— ACl'IVE ((I'()(': Darr }'I Richard. Stmt Liaison: Chris Inman, I' 1i. Projwt Vlanagenunt Consultant 1- PHASE II: Project 6a: March - Sept 2008; Budget $1,220,000.00 (6a, 6b, and 6c budget); Woodshire Lane Improvements: 6a - Improve drainage at Woodshire Lane entrance area PROJECT PHASE Scope Prep Survey NTP Date Survey Complete Easements - Easement Agreemen t Signed - Easement Survey Completed - 06E Report Completed - Legal Review Completed - BCC Approval Date Contractor Solicitation Contractor Selected County WO Processing MSTU Cmte Funding Approved Contractor NTP Date Est Construction Schedule Est Construction Completion Data Start - End Date NIA NIA Included In BCC Resolution NIA NIA NIA NIA WA Project Notes: 3- 10 -08: PO issued to Malcolm Pimie for Phase 2 Field Services. Proposed improvement includes extending drop curbing from the existing inlet structures north to the entrance at Pine Ridge Road. A4 FOREST LAKES MSTU PROJECT STATUS REPORT 1611 A4 4/7/2008 4:50:00 PM (F -48) — AC fIVE (((PDX: Darryl Richard. Staff I,iaixm: (l Iris I'ihnan, P.H. Project Management ('onsultant)) - PHASE L- Project 5: Forest Lakes Blvd. relief sewer to Lake 10 Project Notes: 3 -3 -08: Project suspended, will be re- evaluated after lake partitions are constructed and pond levels drop to normal levels. (F- 47)— ACTIVE ((((POC: Darryl Richard Statl'I_,iaison: Chris filman, P.I;. Project Ulanagcmeat ('onsultant)) - PHASE I: Project 4: Feb - July 2008; Overlay Forest Lakes Drive and side streets from Forest Lakes Blvd. to south end PROJECT PHASE Start - End Date Scope Prop 211108.418108 Survey NTP Date 5115/2008 Survey Complete 8115108 Easemards Dwinage and Access - Easement Agreement Signed - Easement Survey Completed 8115108 .O&E Report Completed -Legal Review Completed - BCC Approval Data Contractor Solicitation 3131108 - 4110108 Contractor Selected 4/11/08 County WO Processing 4112108- 513/08 MSTU Cmte Funding Approved Contractor NTP Date Est Construction Schedule 5110108.7110108 Est Construction Completion Date Project Notes: 3 -3 -08: Malcolm Pimie presented the drainage improvements during the last condo association meeting and is scheduling for this Wed. to discuss tech. issues. 3 -5 -08: Malcolm Pimie conducted follow -up meeting with Bob Gootee and other members of the Forest Lakes Condo Assn. to review technical aspects of proposed drainage improvements. 3- 17 -08: Malcolm Pimie emailed draft easement agreement to Bob Gootee for review. 4 -8 -08: Met with Bob Gootee to review draft contractor scope and draft easement agreement. FOREST LAKES MSTU PROJECT STATUS REPORT 4/7/2008 4:50:00 PM 1611 A 4 (F -38; Bond Project 3d) - t \CI'IVE (((P(K': OairN I Richar(1, Staff Liaison; Chris I ilman. P.F. Project Management Consultant)) - Forest Lakes Golf Course, Lake Bulkheads; Bond Issue Project "3d" (Feb - Oct 2008) Construct engineered partitions in Lakes 8 and 10, (Engineering Estimate $500,000.00) Permitting underway through Malcolm Pirnie. PROJECT PHASE Design Docs Prep Survey NTP Date Survey Complete Easements • EssementAgreement Signed • Easement Survey Completed • 08E Report Completed • Legal Review Completed • 8CC Approval Date SFWMD ERP App Submitted SFWMD ERP Completed Contractor Solicitation Contractor Selected County WO Processing MSTU Carte Funding Approved Contractor NTP Date Est Construction Schedule Est Construction Completion Date Start - End Date 3/4108.5131108 N/A NIA Included in Ouall Run Easement NIA NIA NIA NIA NIA 3120/08 5131/08 812108.6/12/08 6/1312008 6114108 - 7/7108 7/14108. 10/14/08 10115108 Project Notes: 12- 10 -07: Q. Grady Minor submitted proposal 1 -8 -08: Committee approved proposal 2 -4 -08: Staff requested consultant to resubmit proposal - lump sum 2 -6 -08: Work Order in process of signatures - pending consultant to sign 2 -8 -08: Signed by Consultant and Budget Analyst has for signature process. 3 -3 -08: PO issued to Q. Grady waiting for SFWMD confirmation of permitting prior to NTP. 3 -4 -08: Confirmation to proceed with issue of NTP from Malcolm Pirnie. 4 -7 -08: MP and QGM scheduling kickoff meeting to review project. q 4 FOREST LAKES MSTU PROJECT STATUS REPORT 1611 4/7/2008 4:50:00 PM (F -45) — AC fIV1' (((([10(': Daryl Richard Staff Liaison; Chris "I'iIman. P.T. Project Management Consultant)) - PHASE I: Project 3c: Feb - May 2008; Regrade Swale Nos. 12 -17. Total regrade length approximately 11,289 L.F.; (Wilson Miller Projected Budget $310,000) PROJECT PHASE Start - End Date Scope Prep 211108 - 317108 Survey NTP Date NIA Survey Complete WA Easements Included in Quail Run Easement - Easement Agreement Signed 218108 - Easement Survey Completed . O&E Report Completed 3101108 - Legal Review Completed - BCC Approval Date Contractor SONcltatlon 30108. 3118108 Contractor Selected 414/2008 County WO Processing 414108.5/4/08 MSTU Cmte Funding Approved $300,000 on 118108 Contractor NTP Date 4130108 Est Construction Schedule 5100108 - 5131108 Est Construction Completion Data 5131108 Project Notes - 3-3-08: Malcolm Pirnie met with Quail Run management staff today to review draft scopes. Scope packages should be completed by the end of next week and contractor solicitations will begin after that. 341 -08: Scope packages sent out on 3 -7 -08 via email to contractors for quotes. Field meetings with contractors scheduled this week. 3- 18 -08: Only one quote for one phase was received by the deadline of 3/19, MP contacted all three contractors. Due to an email problem, all contractors did not receive the emails. MP provided hard copies to two contractors and verified with the third that all emails were received. MP extended solicitation deadline to Wednesday, March 26'1'. 3- 26 -08: Received three quotes for each phase. 4 -7 -08: MP emailed recommendation of award to Bonness, Inc. for all three phases. ATM dept processing WO. 16! 1 A4 FOREST LAKES MSTU PROJECT STATUS REPORT 4/7/2008 4:50:00 PM (F- 44)— ACTIVE ((((PO(': DWT\I Richard, StaIf I raison: Chris fiIman, P.E. Project Management Consultant)) - PHASE I: Project 3b: Feb - May 2008; Regrade Swale Nos. 1 -6 and install culverts. Total regrade length approximately 8,415 L.F. (Wilson Miller Projected Budget: $180,000) PROJECT PHASE Scope Prep Survey NTP Date Survey Complete Easements - Easement Agreement Signed - Easement Survey Completed - O&E Repod Completed - Legal Review Completed - BCC Approval Date Contractor Solicitation Comraetor Selected County WO Processing 813TU8mte Funding Approved Contractor NTP Date Est. Construction Schedule Eat. Construction Canpletiw Date Start - End Date 211108.317108 NIA NIA Included In Quail Run Easement 218108 3111108 317108 - 3118108 41412008 414108.514108 $200,000 on 118108 4130108 5110108 - 5131108 5131/08 Project Notes: 3 -3 -08: Malcolm Pirnie met with Quail Run management staff today to review draft scopes. Scope packages should be completed by the end of next week and contractor solicitations will begin after that. 3- 11 -08: Scope packages sent out on 3 -7 -08 via email to contractors for quotes. Field meetings with contractors scheduled this week. 3- 18 -08: Only one quote for one phase was received by the deadline of 3/19, MP contacted all three contractors. Due to an email problem, all contractors did not receive the emails. MP provided hard copies to two contractors and verified with the third that all emails were received. MP extended solicitation deadline to Wednesday, March 26h. 3- 26 -08: Received three quotes for each phase. 4 -7 -08: MP emailed recommendation of award to Bonness, Inc. for all three phases. ATM dept processing WO. 1611 A4 FOREST LAKES MSTU PROJECT STATUS REPORT 4/7/2008 4:50:00 PM (F -43)— ACTIVE ((((POC': Darn -1 Richard, Staft Liaison; L'Ilri; finnan, P.h:. Project \Management Consultant))) - PHASE L- Project 3a: Feb - May 2008; Quail Run Swale Restoration and Lake Improvements: Regrade Swale Nos. 7 -11 and install culverts. Total regrade length approximately 5,974 L.F. (Wilson Miller Projected Budget: $147,000) PROJECT PHASE Start- End Date Scope Prep 211108 - 317108 Survey NTP Date NIA Survey Complete NIA Easements Included in Quail Run Easement - EasemantAgreement Signed 2/8108 - Easement Survey Completed - ORE Report Completed 3171108 - Legal Review Completed - BCC Approval Date Contractor Sollcltatlon 317108 - 3118108 Contractor Selected 414=08 County wo Proposing 4/4108.810/08 MSTU Carta Funding Approved $200,000 on 118108 Contractor NTP Date 4130108 Est Construction Schedule 8110108.8131108 Est Construction Completion Data 8131108 Project Notes - 3-3-08: Malcolm Pirnie met with Quail Run management staff today to review draft scopes. Scope packages should be completed by the end of next week and contractor solicitations will begin after that. 3- 11 -08: Scope packages sent out on 3 -7 -08 via email to contractors for quotes. Field meetings with contractors scheduled this week. 3- 18 -08: Only one quote for one phase was received by the deadline of 3/19, MP contacted all three contractors. Due to an email problem, all contractors did not receive the emails. MP provided hard copies to two contractors and verified with the third that all emails were received. MP extended solicitation deadline to Wednesday, March 26`n 3- 26 -08: Received three quotes for each phase. 4 -7 -08: MP emailed recommendation of award to Bonness, Inc. for all three phases. ATM dept processing WO. 1611 4 FOREST LAKES MSTU PROJECT STATUS REPORT 4/7/2008 4:50:00 PM (F- 42) —ACI IVE((((PO(': Datryl Richard Staff Liaison; Chris Tilman. P.Fi, Project Management Consultant)) —PHASE I: Project 2; Feb - May 2008 Overlay Quail Forest Blvd. from Main Entrance to southern end and restore drainage; (Wilson Miller Projected Budget: $731,000) PROJECT PHASE Start- End Date Scope Prep Survey NTP Date NIA Survey Canpiste NIA Easements Covered under upcoming BCC resolution - EasemsntAgreement S1gn#d - Easement S UWSY Completed - OdE Report Completed - Legal Review Completed - BCC Approval Date Contractor Sokitatlon 1120108.1131/08 Contractor Selected 23108 (Batter Roads) County WO Processing 311108.331108 MSTU Cmto Funding Approved $115,000 on 2113108 Contractor NTP Date 3127108 Est Construction Schedule 4114108.4124108 Est Construction Completion Date 4130108 Project Notes - 3-3-08: Waiting for PO issue for Better Roads; waiting for signature from Better Roads. 3- 26 -08: Chris Tilman met with representatives of the condos along Quail Forest Blvd. to review the paving and drainage improvements. Very positive reaction from all parties. 4 -7 -08: PO issued, Better Roads scheduled to mobilize on 4/14. 4 -8 -08: Notice letter for Quail Forest paving work distributed to condo presidents informing them of 4/14 start date. (F- 41) —AC' fIV F: MCI DM-1 Illchard. ;tatf Liaison; Chri; l iInum. 11 -1 -. Project Management Consultant) —PHASE II: Project Ib: (Mar— July) (note Is is completed under F -32) lb: Restore drainage in cul -de -sacs, re -grade side yards throughout single family area; Status: Preparing scope; (Wilson Miller Projected Budget: $1,050,000) PROJECT PHASE Scope Prep Survey NTP Date Survey Complete Easements - Easement Agreement Signed - Easement Survey Completed - 08E Report Completed - Legal Review Completed - BCC Approval Date ComrectoyBoNcltallon Contractor Selected County WO Processing MSTU Cmte Funding Approved Contmator NTP Date Est. Construction Schedule Est Construction Compla cm Date Start - End Date 3115108 -430108 NIA NIA Included In Forest Homes Plate 1.6 811108. 618108 8/10108 6110108 - 5131108 8/6/08 - 630108 71Y= Project Notes: 3 -3 -08: Waiting on PO for Phase II proposal (Malcolm Pirnie) 3- 10 -08: PO sent to Malcolm Pirnie, scheduling field work. 4 -7 -08: MP working on draft scope for contractor solicitation. FOREST LAKES MSTU PROJECT STATUS REPORT 4/7/2008 4:50:00 PM +161 l A 4 (F -40)— ACTIVE (POC: Darryl Richard. Staff Liaison; Chris Litman, P.E. Project Management Consultant) —PHASE II: le: (Mar - Sept 2008) Overlay cul -de -sacs and Forest Lakes Blvd. from Gardenia Lane to Main Entrance; (Wilson Miller Projected Budget: $200,000) PROJECT PHASE Scope Prop Survey NTP Date Survey Complete Easements - EassmentAgreement Signed - EasemontSurvey Completed - OBE Report Completed - Legal Review Completed - BCC Approval Data Contractor Solicitation Contractor Selected County Wo Processing BISTU Care Funding Approved Contractor NTP Date Est Construction Schedule Est Construction Completion Date Start - End Data 3115108.4/30108 NIA NIA Included In Forest Homes Plats 1 -6 511108.510108 6110108 6110108.531108 610108.630108 717108 Proiect Notes - 3-3-08: Waiting on PO for Phase 11 proposal (Malcolm Pimie) 3- 10 -08: PO sent to Malcolm Pirnie, scheduling field investigation work to analyze drainage. 4 -7 -08: MP working on draft scope for contractor solicitation. (F- 39)— ACTIVE (i,( Darryl Richar(i . Stall' Liaison, Chri, "Vilman, P.E. Project Management Consultant) —Legal Description and sketch for board resolution. (Related to non -Quail Run Golf Club areas).; Work Scope is based on RLS 07 -TRN -00068 PROJECT PHASE Start - End Date Scope Prop NIA Survey NTP Date Survey Complete Easements - Easement Agreement Signed - Easement Survey Completed - OS:E Report Completed - Legal Review Completed - BCC Approval Dots Contractor Solicitation NIA Contractor Selected NIA County WO Processing NIA MSTU Cmte Funding Approved Contractor NTP Date Est Construction Schedule WA Est Construction Completion Data Proiect Notes: 2- 13 -08: Review of RLS 07 -TRN -00068 at regular Forest Lakes MSTU meeting. Malcolm Pirnie has requested pricing for survey /legal descriptions necessary for this project from RWA Surveyor. 3 -3 -08: Malcolm Pimie met with RWA to review scope. Waiting for final scope and budget from RWA 3- 11 -08: Revised scope received from RWA, recommended for processing by Malcolm Pirnie. FOREST LAKES MSTU PROJECT STATUS REPORT 4/7/2008 4:50:00 PM 161 1 A 4 (F -36)— COMPLETED (POC: Darryl Richard) - Striping & reflectors within all roads in boundary map 10- 10 -07: Committee requested for all the roads within the MSTU be stripped and reflector be placed. 10- 26 -07: Requested quote from Bonness. 11-9-07: Received Quote from Bonness — under review with Chris Tillman — Malcolm's office 11- 14 -07: committee approved Quote - $ 42,663.93 — Bonness 11- 20 -07: WO in progress— for signatures 12- 10 -07: WO & PO — NTP pending to be sent out. 12- 12 -07: Notice to Proceed sent to Bonness for project. Bonness will schedule for start work within the week of Dec. 1201 1 -7 -08: 90 % complete — Punch list to be reviewed 2 -6 -08: Contractor reports 100% completion. To be reviewed by Malcolm Pimie & staff (F- 37)— AC "hIVF'.(110C: Darryl Richard, Chris l'ilman(Malcolin Picnic) —BOND ISSUE PROJECTS — INDIVIDUAL PROJECT TRACKING: 12- 12 -07: Individual projects added to project manager list for tracking of each project. 1 -7 -08: Mr. Tilman to provide list for 1 -9 -08 meeting. Note: * indicates cost based on previous estimate from WilsonMiller (F- 34)— ACIIV1 (POC: Dart i Richanl.Chris fiiman(NIal:olm Picnic) — Swale Project Scope Definitions; 6- 13 -07: Meeting with Malcolm Pirnie to review base map of swales and lakes as per Bond Issue Project List. Map requires some minor modification. Scope of Swale projects will be derived from Base Map. SCHEDULE: Forest Lakes MSTU - Swale Scope Definitions & Projects PHASE Constr. Overlay Project 16 & 17 Document Prep. Swale Projects NTP Survey - - RWA 60 Day Survey Survey Completion Golf club Board Meeting - approval BCC Approval Easements BCC Approval Contractor Bids Begin Swale Projects 90 Day Construction Start - End Date 6/15/07 - 7/15/07 - Project Complete 7/1/07 - 1/30/08 in progress (50% complete) 11/14/2007 11/14/07 - 1/13/08 1/13/2008 1/15/2008 3/25/2008 3/25/2008 4/1/2008 4/1/2008-6/30/08 1 -7 -08: Revised scope for each bond issue project in progress - Malcolm Pernie (F -31) — WTI V h; (POC: Darryl Richard) — Easement for Swales & Lakes FOREST LAKES MSTU PROJECT STATUS REPORT 161 1 A 4 4/7/2008 4:50:00 PM 3- 29 -07: RLS sent to Scott Teach for recommendation regarding request as per Malcolm Pirnie advisement that easement may be the option the MSTU would want to pursue for swales and lakes. Also included in request is evaluation of roadways in terms of easements. 4- 30 -07: RLS received from Scott Teach regarding obtaining easement within Golf Course Property. Recommendation is to proceed with obtaining easement within Golf Course for both swales and lakes. Easement is not required for roadways as per RLS. 5 -9 -07: Meeting with Kevin Hendricks regarding easements. Kevin will work directly with Chris Tilman (Consultant) and Liaison Project Manager Darryl Richard in obtaining any required easement/Right of Entry. Recommendation from Kevin was to pursue negotiation with Golf Course based on a `preliminary' map (to be produced by Malcolm Pirnie) of the easement areas. 7 -6 -07: Meeting with Golf Course — review of easements — Chris — Malcolm Pernie will be sending out a report of the results of meeting. 7- 23 -07: July 16'', draft document received from Malcolm Pemie & County staff reviewing with Consultant - Presentation per Quail Run Golf Course 8- 15 -07: (week of) Malcolm Pimie coordinating project details with Quail Run Club Mgmt. 8- 22 -07: RWA will be performing Survey— quote from RWA pending regarding the Golf Course approval. 9- 10 -07: Obtaining scope of service from RWA — (RWA to create scope) 9- 12 -07: RWA has provided draft scope — under review by Malcolm Pirnie 10- 17 -07: Purchasing requested changes in Scope lump sum vs. time & material and other verbage. 10- 22 -07: RWA has provided proposal - county staff to review and requested revisions. 11 -6 -07: RWA has revised proposal several times per request of county staff. Still pending on revision 11 -8 -07: RWA responded and Work Order is with Budget Analyst going through signature process. 11- 20-07: NTP sent on 11 -20 -07 — 60 days - $58,305.50 to be completed by January 19'h, 2008. 1 -7 -08: Easement Language complete by Malcolm Pemie. 1 -7 -08: RWA — Survey is 90% complete 1 -9 -08: RWA —Survey is 100% complete 2 -6 -08: Scope for swale project 90% complete. 2 -6 -08: Chris Tillman negotiating with SWMD for permit requirements, prior to construction. 2 -6 -08: Q.Grady Minor & Assoc. to provide additional data for Swale scopes. — Work Order in process for Q.Grady Minor & Assoc. (F26)- ONGOIN6- ACIIV E( POC: lc ,sieSillery)— SignageMaintenance 11- 08 -06: Fogg moved to utilize annual contractor —maximum $10,000.00 1- 29 -07: Requested estimate. 2- 14 -07: PO for annual maintenance in amount of $10,000.00 requested. 3- 13 -07: PO emailed to Lykins for ongoing maintenance 9- 30 -07: PO closed for end of fiscal year. 10 -10 -07: Requested estimate. 10- 20 -07: Estimate came in at $5,000.00 I1- 06 -07: Request for PO in process 10- 10 -07: Received PO for $5,000 and NTP went out. (F -25)— ON GOING -AC LIVE WO( : Darryl Richard) -Pot Hole Repairs 10 FOREST LAKES MSTU PROJECT STATUS REPORT 161 1 4/7/2008 4:50:00 PM 11 -08 -06 : Fogg moved to increase funds for pot hole repair up to $40,000.00 12- 13 -06: Work Order in Progress 1- 10 -07: Bonness NTP - $40,000 1- 23 -07: Bonness — will be marking pot holes. 2- 05 -07: Bonness marked and in process of repairing pot holes 2- 12 -07: Bonness repaired pot - holes. Marked areas filled with asphalt. Villas turn area remains for future project. 4- 13 -07: Villas area has been completed, some minor pot -holes are forming in other areas. Bonness called to perform inspection/repair under current PO. 10- 24 -07: New Fiscal Year 07 -08 — Bonness - $ 11,491.61 11 -6 -07: Work Order in process. — pending signatures 11- 20 -07: Work Order rejected by Newman for minutes backup. 12- 10 -07: Need to have committee approve the amount for the Work Order - $11,491.61 1- 18 -07: NTP 1 -18 -08 ending date January 17, 2009 - (P.O. #4500090493; dated 1- 9 -08), Project Name: Forest Lakes Asphalt Patching & Risers - Contract # 05 -3773 `Annual Contract for (F -23) ON(; DING- nCIIVL(POC:tkuyI Richard) — Desiltationof Culverts; includes telescope inspection within Forest Lakes; MSTU Committee vote to obtain annual services from Shenandoah Construction based on annual contract not to exceed $30,000.00 per year. Project Manager to confirm scope of work with contractor prior to each service. 10- 11 -06: Committee approves $30,000 for annual contract with Shenandoah. 11 -7 -06: Increase to PO ($3, 155.70) 1- 25 -07: Requested for Estimate for annual maintenance not to exceed $26,800.00 3- 13 -07: NTP — sent to Shenandoah 3- 15 -07: Shenandoah contacted to de -silt Woodshire Ditch. 4- 12 -07: Meeting with Mike of Shenandoah for direction in specific project areas within Forest Lakes for desilting. Areas include: Villas near Lake 6; Pipes near Lake 8 including 4 inch outfall and 24 inch; Pipes near Lake 13 and Lake 10. Completion by 5/12/07. 4- 27 -07: Shenandoah completed items near Lake 96 and Villas from 4 -12 -07 meeting. 5 -8 -07: All Items noted on 4 -12 -07 are completed. Ongoing maintenance as per future request. 5 -8 -07: Committee requested Darryl to work with company — not following what they requested 5- 23 -07: Darryl met with company regarding dumping in area. — Issue resolved 10- 24 -07: Purchasing going to BCC for approval of new contractors for annuals. 11 -6 -07: Pending new bid tab and bcc approval. 11- 14 -07: Spoke with purchasing and this item will not be bid out as of yet — still working on bid process. Purchasing advised to get three quotes for now. (F -6) —ON GOING -AC' I t V G (P( )C: Tessie Sil lery )- Exotic Removal — Woodshire Ditch -Lake Doctors Annual Maintenance Contract — Woodshire Ditch & pump station — Notice to proceed ITEM 5, 2005 - $4,770.00 — Annually 5 -15 -05 — Purchasing required Re -Bid (quote) for project - Quotes due 5 -26 -06 5 -30 -06 — Annual Contractor Aquagenix (George Bowling) to provide quote based on annual contract — pending 6 -12 -06 — PO requested waiting on Gloria 6 -27 -06 - PO issued and ongoing 11 w FOREST LAKES MSTU PROJECT STATUS REPORT 161 4/7/2008 4:50:00 PM 4 -4 -07: New Quote received from Lake Doctors for $4,740.00 4- 13 -07: Quote received from Aquagenics (George Bowling) at $6,180.00; No Quote received from Aquatic Systems. Lake Doctors is the apparent low at $4,740.00 5 -7 -07: NTP — Lake Doctors - $4,740.00 9- 30 -07: PO Closed end of Fiscal Year 10- 12 -07: New Fiscal Year 07 -08 — NTP $ 5, 640.00 (F -15) ONGOIN 6- A( IV E (POC: "I'css ie Si I lcry) — Mowing - Woodshire Drive -Landscape Maintenance Contract — 400 ft. x 20 ft. Sod Mowing. Quotes requested from annual contractors. 4- 17 -06; Southern Services under contract for maintenance on annual basis based on contract rates. 3- 16 -07: Southern Services Contacted to mow up to Forest Lakes Blvd. 5- 10 -07: Southern Services PO increased by $ 3, 340.00 till end of FY. 9- 30 -07: End of Fiscal year — po `s closed 10- 12 -07: New Fiscal Year 07 -08 —NTP issued (F -36) — COMPLETED (POC: Darryl Richard) - Stripping & reflectors within all roads in boundary map 10- 10 -07: Committee requested for all the roads within the MSTU be stripped and reflector be placed. 10- 26 -07: Requested quote from Bonness. 11-9-07: Received Quote from Bonness —under review with Chris Tillman — Malcolm's office 11-14-07: committee approved Quote - $ 42,663.93 —Bonness 11- 20 -07: WO in progress — for signatures 12- 10 -07: WO & PO — NTP pending to be sent out. 12- 12 -07: Notice to Proceed sent to Bonness for project. Bonness will schedule for start work within the week of Dec. 12" 1 -7 -08: 90 % complete — Punch list to be reviewed 2 -6 -08: Contractor reports 100% completion. To be reviewed by Malcolm Pirnie & staff (F -29) — COMPLETED (POC Darryl Richard) -Bond Issue Finance Package 12- 11 -06: Meeting with Mike Smykowski, Office of Business Management & Budget, Director. 12- 13 -06: Requested project information sent to Mike Smykowski for submittal to PFM (Financial Consultant). 12- 13 -06: Package sent to PFM for review. 1 -10 -7: Mike Smykowski reports that there will be a Budget Meeting on 1- 11 -07. During Budget meeting there will be a review of the Forest Lakes Bond Issue. PFM or another option (Loan with a Bank) will be recommended to finance bond issue. Alternative funding through a Bank will be reviewed. 1- 17 -07: Meeting with Chairman & staff to discuss priority project list and finance items 2- 14 -07: Bond Issue funds are anticipated to be available after April 1, 2007. Committee request to see break -down of Cost for bond issue for next meeting. 3- 14 -07: PFM will be attending the meeting 3- 23 -07: PFM sends "Schedule" for bond issue. Staff confirms project list and schedule. Funds are due to be released in June 2007. 5 -9 -07: Revised release of funds date is July 2007 as per PFM correspondence. 7 -9 -07: Kelly — PFM emailed a schedule regarding bond. 7- 18 -07: Kelly — PFM emailed a new schedule - draft debt service schedules showing coverage on the allocated millage and a revised Plan of Finance detailing the tax reform issue. 12 1611 A 1DIA/ / \INC. C 0 N.S U t.' 1' I N t.i i %r u i -Planning •Virualixatiun *Civil Engineering •Surveying & Mapping March 20, 2008 Darryl Richard Collier County Department of Alternative Transportation Modes Transportation Department 2885 South Horseshoe Drive Naples, FL 34104 In care of. Christopher C. Tillman, P.E. Malcolm Pimie, Inc. Subject: Professional Service Proposal for Forest Lakes MSTU — Additional Services (RWA, Inc. File No. 070190,00.01) Dear Chris, RWA, Inc. is pleased to submit the following proposal for land surveying services associated with the development of the subject project. Outlined below is our understanding of the project profile and the assumptions we have used to develop our scope and associated fees in response to your request for proposal. PROJECT PROFILE • Collier County Department of Alternative Transportation Modes (Client) intends to rehabilitate the existing storm drainage within the Quail Run Golf Course being a part of the Forest Lakes MSTU. • The subject property is located within Section 14, Township 49 South, Range 26 East in Collier County, Florida. • The Client has issued a request for proposal including a preliminary scope of services, and has asked the consultant to provide a proposal. • The MSTU has requested roadway /drainage easements to be prepared for all roadway areas (and their associated drainage structures) within the MSTU boundaries that were not previously dedicated by plat or easement. • The Client desires to retain the services of RWA, Inc. (Consultant) and proceed with the Project as described within this proposal. • The project is planned to be completed in a single phase. 6610 Willow Park Drive, Suae 200, Naples, Florida 34109.(239) 5970575, fax: (239) 597 -0578 w .Mmft- a.com 1611 A4 RWA'"` PROJECT ASSUMPTIONS • The vertical datum will be collected in NGVD 1929. • Existing easements of record within the property boundaries will not need to be vacated and/or modified. • The surveying services related to the sketch and descriptions will be completed and delivered within 60 calendar days after receiving an executed contract. • This proposal includes performing all services described within on a one -time basis. SCOPE OF SERVICES 1.0 General Consultation — Roadways/Drainage 1.1. Review information provided by the Client and/or collect available information from public records about the existing condominium properties as to the ingress and egress dedications. 1.2. Attend up to two local coordination meetings. These meetings will generally clarify and define requirements for the Project and allow a team review of available Project information. 13. General coordination with other consultants and utility service providers. 2.0 Specific Purpose Survey — Roadways/Drainage 2.1. Field locate 16,000 lineal feet of existing centerline of pavement on Woodshire Lane, Forest Lakes, Quail Forest Boulevard and Turtle Lakes Condominium Roadways. 2.2. Create a geometric best fit centerline of the roadways that will be utilized in preparing the legal descriptions, for the drainage swales. 2.3. Field locate existing building corners of 36 structures that appear to be within the limits of the proposed roadway /drainage easements. RWA, Inc. will adjust the easements in order to avoid conflicts with these structures. 2.4. Field locate the North top -of -bank and control structures located at the south end of Quail Forest Boulevard. This will be the Southem -most point of a roadway /drainage easement. 3.0 Sketch and Descriptions (8) — Roadways /Drainage 11. Prepare ± six individual sketch and legal descriptions for the roadway /drainage easements. 3.2. Prepare two sketch and legal descriptions for the storm structures outside of the existing roadway /drainage easements. Page 2 of 3 S:\2o07\070190.00.PO Forest Lakes MSTU\01\Rev 3 PSA -From C Tilman- (0001 -0003) -03- 20-08.doc 1611 A-4 RWA"` PROFESSIONAL SERVICE FEES The professional service fee estimates for the associated scope of services are listed below. Scone of Services Fee Twe 1.0 General Consultation — Roadway/Drainage $ 750.00 T/M/E 2.0 Specific Purpose Survey - Roadway/Drainage $ 7,00(1.00 Fixed 3.0 Sketch and Descriptions (8) - Roadway /Drainage S 7,500.00 Fixed Total $15,250.00 4.0 Reimbursable Expenses $ 300.00 T/M/E Note. T/M/E denotes Time, Material and Expense billing category. Stated Fee is an estimate only, client will only be billed for actual hourly costs related to individual surveying services. Excluded Services The professional services to be provided by the Consultant are limited to those described in the Scope of Services. All other services are specifically excluded. Listed below are excluded services that may be required or desired by the Client: • Construction Layout Services • Conservation Easement Descriptions and Sketches • Easement Vacations • FEMA Elevation Certificates • Sketch and Descriptions for drainage easements at Forest Lakes Condominiums • Special Purpose Surveys Thank you for the opportunity to submit this professional service proposal. Please call if you have any questions. We will look forward to hearing back from you soon. Sincerely, Business Unit Leader Page 3 of 3 SA2007\070190.00.PO Forest takes MSTU\01 \Rev 3 PSA•From C Tilm -(0001 -M3) -03.20 -08.doc He reviewed the following: o Other Contractual Services — for Ongoing Services repairs) o FY09 Street Lighting & Other Improvements $1,000 utilized for other Project activity 161 1 (i.e. Pot hole 000 — Can be o FY08 Improvements General $2,500,000 — Recommended by Chris Tilman for current Projects (out to bid) Discussions ensued concerning repayment of the Bond Issue. It was noted that there is a prepayment penalty. Bob Jones suggested a reduction in the Millage Rate to counter balance a prepayment penalty when majority of the Projects are completed. Virginia Donovan suggested taking advantage of the reduced Labor Cost for future Projects. FY09 Reserves for Contingency $1,422,600 — Can be utilized for Project Activity George Fogg questioned the reduction in the Forecast FY08 Revenue $294,400 (FY08 adopted Budget $818,312.) Mark Isackson (via Conference call) response was as follows: ➢ The combination of Debt Service and Operating is equivalent to 4.0 Millage ➢ Principal and Interest for the Debt Service (Bond Issue) is paid from a separate Fund 259 Discussions ensued and it was noted that the 4.0 Millage was split between Debt Service (2.7532) for Bond Issue and Revenue (1.2468) for Operating Budget. (See attached FY09 Budget pg 2) ➢ Taxable Value numbers will be available June 1, 2008. Estimated Ad Valorem Taxable Values were applied to FY09 Budget. William Seabury moved to approve the Budget as presented. Second by George Fogg. Motion carried unanimously 5 -0. B. Project Manager Report — Darryl Richard / Chris Tilman - Malcome Pirnie — reviewed Forest Lakes Project Status • (F -50) Project 6b - P.O. issued for Phase II • (F -49) Project 6a — Obtaining Swale quotes • (F-47) Project 4 — Obtaining quotes • (F -38) Project 3d — Notice to Proceed was issued to Q. Grady Minor • (F -45) Project 3c and (F -44) Project 3b — Obtaining quotes • (F -42) Project 2 — Signed Work Order has not been received from Better Roads VI. VII. VIII. IX. 161 A�+ (F -41) Project lb and (F -40) Project 1c— Contractor Solicitation has been postponed until 5 -1 -08 Harold Bergdoll noted large Potholes at Quail Forest entrance (next to the Club House.) Darryl Richard will notify Bonness. George Fogg questioned an Additional Services Contract with RWA. (See attached) Discussions ensued and it was determined that additional information if required. C. Appointment of Committee Member — Tessie Sillery distributed the Application submitted by George Fogg for reappointment to the Committee Bob Jones made the recommendation to accept George Fogg's application to remain on the Board for another term. Second by William Seabury. Motion carried unanimously 5 -0. Bob Jones expressed concern that the short cut being used by pedestrians is a Liability issue. it was recommended to install a Prescriptive Easement Annually for 1 week. Discussions ensued and it was agreed that the Legal Liability should be determined before any action is taken. George Fogg moved to have County Legal check Liability on Woodshire Lane cut through to shopping center issue. Second by William Seabury. Motion carried unanimously 5 -0. Discussions ensued concerning Traffic Violations and Speed Zones. Darryl Richard reported Road Rage activity in Forest Lakes. It was recommended to request increased Patrols by the Sheriffs Department. Harold Bergdoll was appointed as the point of contact. Old Business New Business Public Comments — None There being no further business to come before the Committee, the meeting was adjourned by the Chair at 11:40 A.M. 1611 Forest Lakes Roadway and Drainage MSTU Advisory Committee Robert Jones, Chairman These minutes approved by the Committee on as presented or amended The next meeting will be on April 9, 2008 10:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 El April 7, 2008 COLLIER COUNTY GOVERN1k411 A TRANSPORTATION SERVICES DIVISION Alternative Transportation Modes Department 2885 Horseshoe Drive South • Naples, Florida 34104 • Tel. 239 - 774 -8192 • FAX 239.213.5899 Mr. Dennis Lillis, President The Villas at Quail Run Condominium Association 124 Quail Forest Blvd Naples, Florida 34105 RE: FOREST LAKES MSTU PROJECT NOTICE Quail Forest Boulevard Roadway and Drainage Improvements Dear Mr. Lillis: On behalf of the Forest Lakes MSTU, we are pleased to announce the start of the latest MSTU project, the Quail Forest Boulevard Roadway and Drainage Improvements. The project will involve repaving the roadway from the main entrance at Pine Ridge Road to the end of Quail Run Blvd., and improvements to the existing stormwater drainage system. The project is scheduled to begin on Monday, April 14" and should be completed within approximately 10 days. This letter is being distributed to the representatives of the six associations along Quail Forest Boulevard. As representatives of your community associations, please distribute this information to your residents. Please contact Christopher Tilman, P.E. at 239- 332 -1300 or me at (239) 659- 5775 if you have further questions or concerns. Thank you, Darryl Richard, ATM Project Manager, on Behalf of Forest Lakes MSTU Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 C: Diane Flagg, Director, ATM Department Bob Jones, Chairman, Forest Lakes MSTU Committee Tessie Sillery, Operations Coordinator Christopher C. Tilman, P.E., Malcolm Pirnie Ao�; �/ /i A` ew/ Si _ / / / V! /J1 Wednesday April i RECEIVE 6:30 p.m. MAY 2 8 2008 iala Fire Station 71 — Golden Gate Boulevard Board of County Com "iOnerq dalas Henning Committee Members Coyle Chairperson: Karen Acquard Coletta Vice - Chairman: Jeffrey Curl Member: Stephen Greenberg Member: Linda Hartman Member: Vacant AGENDA 1. Call to Order II. Approval of Minutes - January 28, 2008 & February 28, 2008 III. Approval of Treasurer's Report Ending Cash Balance Available Cash Balance IV. Member Vacancy (update) V. Amendment to Agreement (update) vi. Request for Land transfer from Parks & Recreation Department -- 47+ acre parcel (update) VII. All Kids Play Foundation -- Boundless Playground (update) VIII. GGFD & Big Corkscrew FD -- Weather Stations (update) IX. Big Cypress Elementary School -- Playground Request X. Public Comment /Other Discussion XI. Next Proposed Meeting Date - May 26, 2008 (Memorial Day) Misc. Correa: XII. Adjournment Date:Lo 1 _ ;tem away&an empawtion (GAC) Wednesday, April 2, 2008 6:30 p.m. Golden Gate Estates Fire Station 71 100 13th St. SW Naples, FL 34120 Golden Gate Estates APMED FITM 1J_ %iLLG:i6 won `J%wj — Property Acquisition Specialist, Real Estate Services Distribution: Minutes — January 28, 2008 & February 28, 2008 Treasurer's Report Member Vacancy Packet — Memo, Application, Resume, Current Member List, Ordinance Amendment to Agreement Big Cypress Elementary School Playground Request Letter I. Call to Order - This meeting of the GAC Land Trust Committee was called to order by Chairperson Karen Acquard at 6:30 p.m. II. Approval of Minutes - The first order of business for this evening's meeting is the approval of minutes from the January 28, 2008 and February 28, 2008 meetings. Chairperson Acquard called the question if everyone has had an opportunity to review the minutes. All members have reviewed the minutes. Chairperson Acquard called for a motion to approve the minutes as presented. A motion was made by Linda Hartman and a second to the motion was made by Jeff Curl. There was no further discussion and the minutes were approved unanimously (3 -0). III. Approval of Treasurer's Report - The next item on the agenda is the presentation of the Treasurer's Report. The Treasurer's Report was presented to the Committee Members with their meeting packets. Jason Bires from Real Property Management announced that there is a revision to the Treasurer's Report as it is presented to the Committee. As presented, the Treasurer's Report states that there is a ending cash balance of $1,479,1.69.92 and an available cash balance of $1,479,169.92. The Treasurer's Report should actually read an ending cash balance of $1,479,169.92 and an available cash balance of $1,425,169.92 due to the $54,000 being 1611 A5 appropriated for the weatherstation purchase. There was no further discussion with regard to the Treasurer's Report. At this time, Chairperson Acquard called for a motion to approve the Treasurer's Report as revised. A motion to approve the revised Treasurer's Report was made by Linda Hartman and a second to the motion was made by Jeff Curl. There was no further discussion and the Treasurer's Report was approved unanimously (3 -0). IV. Member Vacancy Update - The next item on the agenda was the member vacancy update in which an interview was scheduled with Mr. Chet Hunt. Mr. Hunt was not in attendance when the agenda item came up. The Committee decided to move this item to the end of the meeting in case Mr. Hunt was running late. At the end of the meeting, Mr. Hunt was still not in attendance, therefore the interview was not conducted. Chairperson Acquard suggested that the interview be rescheduled for the next GAC Land Trust Meeting. A motion to conduct the interview at the next GAC Land Trust Meeting was made by Linda Hartman and a second to the motion was made by Jeff Curl. There was no further discussion and the motion to conduct the interview at the next GAC Land Trust Meeting was approved unanimously (3 -0). V. Amendment to Agreement - Karen Acquard asked Jason Bires to go over the different options that the Land Trust Committee has to choose from with regard to the Amendment to the Agreement. Jason presented the following options: Option 1: The Committee could leave the verbiage as it exists in the proposed Amendment to Agreement. Impact of Option 1: This option would completely eliminate the potential for bus barns, maintenance facilities and affordable /multi - family housing. Option 2: The Committee could leave the verbiage as it exists in the proposed Amendment to Agreement, which states "the governmental facilities which can be constructed upon said property or with the proceeds of the sale of the property included fire protection facilities, emergency medical services facilities, police facilities, public schools, libraries, recreational facilities and equipment necessary for the operation thereof' and delete any reference to clarifying ancillary uses. Impact of Option 2: This option would allow the committee members to perform due diligence on funding requests and make their recommendation (favorable or non - favorable) to the BCC. The negative here would be that ancillary uses are not clarified. Option 3: The Committee could modify the ancillary use verbiage to read as follows: "Ancillary uses may include bus satellite transportation facilities and /or maintenance facilities which are owned and operated by the Collier County School District if these facilities are necessary to support a public school system and if they are commonly part of the inventory of a public school in Florida; however ancillary uses shall not include affordable /multi - family housing." Impact of Option 3: This option clarifies ancillary uses. The Committee still has the option of making a non - favorable recommendation to the Board of County Commissioners if they feel the ancillary uses as outlined would have a negative impact on the surrounding area. After these options were presented the Committee briefly discussed the options and agreed that option 3 was the best choice. A motion was made by Jeff Curl to approve the aforementioned option 3 as presented to the Committee by Jason Bites and in the email dated March 14, 2008. A second to the motion was made by Linda Hartman. There was no further discussion and the motion was approved unanimously (3 -0). 1611 A 5 VI. Request for Land Transfer from Parks & Recreation Department - 47+ acre parcel - There is no update on this agenda item at this time. This item will remain on the GAC Land Trust agenda until advised otherwise. VII. All Kids Play Foundation - Boundless Playground - Jason Bires from Real Property Management received an email from the representatives from the Boundless Playground group. In this email, the Boundless Playground group advised that they did not have anything new to report to the Committee and therefore, would not be attending the meeting. Jason Bires advised the Boundless Playground representative that they would remain on the agenda as an ongoing item until advised otherwise. VIII. GGFD & Big Corkscrew FD - Weatherstations (update) - Victor Hill from Golden Gate Fire Control and Rescue District left a packet for the Committee since he would not be able to attend the meeting. A letter in the packet was addressed to Karen as Chairperson of the Land Trust Committee and she read the letter to the Committee. The letter read as follows: The weatherstations were installed and are operating at all six fire stations in Golden Gate and Big Corkscrew Island. Residents can access the stations at Golden Gate's website or weatherbug's website. Chief Rita Greenberg of Big Corkscrew Island said her fire district website would have links when it is completed. The portable weatherstation was received and they will deploy it as needed. Geographic information system software was installed and a lieutenant assigned to GIS is exploring ways to best implement the weather data into the fire district's long range plans. 1X. Big Cypress Elementary — Playground Request - Josi Teeters and Linda Toombs were in attendance from Big Cypress Elementary PTA Playground Committee to give a presentation to the Land Trust Committee in which they are requesting funding for the resurfacing of the 3 playgrounds at Big Cypress Elementary. The Land Trust Committee was presented with a packet to go along with the presentation which explained what was being requested, why it was being requested and a cost estimate of what they are requesting in funding from the GAC Land Trust. As explained to the Land Trust Committee, Big Cypress Elementary currently has sand in their three playgrounds, one playground is for kindergarten and the other two are for the secondary level which is I" through 5`h grade. Big Cypress Elementary currently has two students who are wheelchair bound, one in kindergarten and one in lst grade. In the packet presented to the Land Trust Committee, the 3 playgrounds were put in order of priority. Playground 1 is the highest priority due to the fact that Playground 1 has a wheelchair accessible swing, however it is more than 100 feet away from where the two wheelchair bound students need to go. Due to the current surface of sand, the wheelchair bound students have to be carried to the swing. This is the only swing that the two handicapped students can access. The rubberized surface that they are requesting funding for will provide a surface on which the wheelchair bound students can access without the assistance of being carried. Another reason for getting rid of the sand is the germs that are transmitted in the sand from animals such as cats using the sand as a litter boxes and the kids consequently digging in the sand. The rubberized surface that they are requesting funding for has been proven to be twice as safe compared to mulch, sand, etc. for a playground surface. The representatives from Big Cypress Elementary PTA Playground Committee have researched many different possibilities. This research has been summarized in the packet that was presented to the Land Trust Committee. 1611 q 5 A question was asked about how many pieces of equipment the handicapped children can access. The swing is the only piece of equipment specifically designed for them however, there are other pieces that are interactive and that the handicapped children can utilize if they can get to them if the rubberized surface is in place. The Big Cypress Elementary PTA Playground Committee asked the school why they are not required to pay for these upgrades to take care of these children and the school's response was that recess was not mandatory so therefore, they will pay for nothing. A recommendation from the Land Trust Committee was made to the Big Cypress Elementary PTA Playground Committee representatives to try to contact someone at the state level who may be able to help them. The Land Trust Committee also inquired about the cost estimates in the packet. The total of $350,000 would be the total for all 3 playgrounds. For 1 playground, the maximum cost would be $126,000. There were other bids that came in under the $126,000 figure. The question of a guarantee of how long the surface will last was brought up. There are different warranties depending on the company. The Big Cypress Elementary School has given approval to do the playground resurfacing. The questioned was asked by the Land Trust Committee if the School Board would have to approve something like this. Toni Mott from Real Property Management advised that in the past, the Land Trust Committee has requested a letter from the School Board that they were agreeable to the project. It was suggested to the Big Cypress Elementary PTA Playground Committee representatives that they should get a letter from the School Board stating that they have no objection to the project. It was also suggested to the Big Cypress Elementary PTA Playground Committee representatives that they seek the involvement of an engineer for their expertise. Another suggestion made by the Land Trust Committee was the possibility of only rubberizing the areas that have equipment that can be utilized by the handicapped students. There appeared to be pieces of equipment that the handicapped students would not be able to utilize even if they could gain access to them. Therefore, the suggestion was made to have a combination of the rubberized surface in the areas for the handicapped students and one of the other surfaces for the other areas of the playground. This could perhaps cut down the total cost. The Big Cypress Elementary PTA Playground Committee representatives asked to be placed on the agenda for the next GAC Land Trust Committee meeting so that they can come before the Land Trust Committee again with their progress. They will be on the next agenda. The Land Trust Committee asked the Big Cypress Elementary PTA Playground Committee representatives to prepare estimates for the area where the poured rubber is needed for the handicapped but also work up information for the other two playgrounds that could use one of the other surfaces that would be less expensive but get rid of the sand. The Big Cypress Elementary PTA Playground Committee representatives were asked about their knowledge, if any regarding boundless playgrounds as the Land Trust Committee has a group that has come before them previously asking for funding for a boundless playground. The Big Cypress Elementary PTA Playground Committee representatives stated that besides the cost, the other reason they haven't explored the Boundless Playground option further is because the equipment that they currently have on the playgrounds is brand new and they just didn't feel that it was feasible to replace all of the equipment. 1611 A The Land Trust Committee asked the Big Cypress Elementary PTA Playground Committee representatives to research and explore all of the possibilities and bring it back to the Land Trust Committee at their next meeting. X. Public Comments /Other Discussion - Jason Bires advised the Committee that from this point forward the Chairperson is to sign off on all approved minutes. Chairperson Karen Acquard signed off on the minutes from four previous meetings (September 24, 2007; December 5, 2007; January 28, 2008; February 28, 2008). There were no further public comments or other discussion. XI. Next Proposed Meeting Date - The next proposed meeting date was scheduled for May 26, 2008, which is Memorial Day. Jason Bires advised the Committee that while speaking with Susan Morris who schedules the room, she advised that May 27 and May 29 were available. After a brief discussion, it was agreed by the Committee members that the next meeting of the GAC Land Trust Committee would be Tuesday, May 27, 2008 @ 6:30 p.m. XII. Adjournment - Being no further business, a motion for adjournment was made by Jeff Curl and a second to the motion was made by Linda Hartman. The motion was approved unanimously (3 -0). This meeting of the GAC Land Trust Committee was adjourned at 7:15 p.m. // KafeA M. Acg#fi Chairperson GAC Land Tfusit Committee Wednesday May 7, 2008 A5 6:30 p.m. Fire Station 71 — Golden Gate Boulevard Committee Members Chairperson: Karen Acquard Vice - Chairman: Jeffrey Curl Member: Stephen Greenberg Member: Linda Hartman Member: Vacant AGENDA 1. Call to Order 11. Amendment to Agreement III. Public Comments /Other Discussion IV. Adjournment aar"&" eacpowtion (GAC) Wednesday, May 7, 2008 6:30 p.m. Golden Gate Estates Fire Station 71 100 13th St. SW Naples, FL 34120 Golden Gate Estates iU! /. i/ _� /� F 1. /,./ � _ / /: / /L, /i/ ��i /L✓.i /r japan Xitea — Property Acquisition Specialist, Real Estate Services .l mu ✓Matt — Manager, Y peg t y aci�dwn and Sated Distribution: Revised Amendment to Agreement L Call to Order — This special meeting of the GAC Land Trust Committee was called to order by Chairperson Karen Acquard at 6:32 p.m. II. Amendment to Agreement — An Amendment to Agreement was presented to the Committee members by Real Property Management. Real Property Management advised the Committee that they have been in contact with Avatar on a daily basis and as of late this afternoon, Avatar stated that they do not want to do an Amendment to Agreement. Avatar would prefer to do a letter /reverter type document. County Attorney Heidi Ashton was not in favor of a letter /reverter; however, there has been a reorganization in the County Attorney's Office and Heidi Ashton is no longer the County Attorney for GAC. The new County Attorney for GAC is Jennifer Belpedio. Jennifer may be in favor of a reverter type document but we will have to wait to speak to Jennifer to determine that. Therefore, what the Committee will be voting on this evening is the language presented in the Amendment to Agreement but not the Amendment itself. What this means is that the Committee will vote for the language to be presented in whatever type document is determined to be legally sufficient in the eyes of both Avatar and our County Attorney. Chairperson Karen Acquard asked about the option of going to Avatar and speak with them directly. Real Property Management doesn't feel that meeting with them would change the situation. Jennifer Belpedio has been in touch with PK Fletcher at Avatar and Real Property Management feels at this time, this is the best way to proceed. After the discussion, Chairperson Karen Acquard called for a motion to authork slal draA5 document that includes the verbiage that was presented to the Committee at tonight's meeting. This language is as follows: Upon a favorable vote from the Golden Gate Estates Land Trust Committee, the County may use the proceeds from the sale of available lands to fund weatherstations that are not physically located within Golden Gate Estates if the Board of County Commissioners makes a finding that the weatherstations specifically benefits the health and safety of the residents within the area known as Golden Gate Estates although the weatherstations are not physically located within Golden Gate Estates. A question was brought up about why this has to go before the Board of County Commissioners if they already voted on this. The reason this has to go back before the Board of County Commissioners is that when they voted at their January 29, 2008 meeting, that vote was for the expenditure of funds. At no time during that meeting were the locations of the weatherstations discussed. A motion to approve the aforementioned language as presented was made by Linda Hartman and a second to the motion was made by Jeff Curl. With no further discussion, Chairperson Karen Acquard called for the vote. The motion was passed unanimously (3 -0). 1II. Public Comments /Other Discussion — There was no further comments or discussion. IV. Adjournment — Chairperson Karen Acquard called for a motion for adjournment. A motion for adjournment was made by Jeff Curl and a second to the motion was made by Linda Hartman. This meeting of the GAC Land Trust Committee was adjourned at 6:50 p.m. ICa en M. � ar ,Chairperson GAC Land crust Committee RECEIVED MAY 2 7 2008 Board of C U* CamN q . =iala oV /Ty- Halas 1611 A6 Henning Coyle roiA}ta April 24, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD Naples, Florida, April 24, 2008 LET IT BE REMEMBERED, that the Collier County Hispanic Affairs Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 6:00 PM in REGULAR SESSION at Administrative Building "F ", 3rd Floor, Collier County Government Center, Naples, Florida with the following members present: Chairman: James Van Fleet Vice Chairman: David Correa Raymond Cabral Renato F. Fernandez Manuel Gonzalez Valaree D. Maxwell Cosme Perez Ernesto Velasquez Luis Alejandro Bernal (Excused) ALSO PRESENT: Mike Sheffield, County Managers Office Misc. Comm: Date: —L _ Item #:—IL 1611 A6 April 24, 2008 I. Introduction A. Call to Order/Welcome — James Van Fleet, Chairman The meeting was called to order at 6:00 PM by Chairman James Van Fleet. He announced the Meeting Topic which is of concern for the HAAB is Voter Registration and participation from the Hispanic Community of Collier County. He noted for prior Elections there has been a lower % of Hispanics compared to other minority groups. B. Approval of the March 19, 2008 HAAB Meeting Minutes Renato F. Fernandez moved to approve the Minutes of March 19, 2008 as submitted.. Second by Manuel Gonzalez. Motion carried unanimously 6 -0. II. Old Business Guest Speakers Jennifer Edwards, Collier County Elections Supervisor gave the following overview on the Board of Elections efforts with the Hispanic Community and reviewed Statistics on the number of registered voters in comparison to total number of registered voters, and past turn out for Collier County. Participation 1. State wide Task Force Program organized by State Supervisors of Elections designed to recruit Hispanic Poll workers as interpretation is needed 2. Hispanic Chamber of Commerce 3. The Council of Hispanic Business Professional participation in the Adopt a Precinct Program comprised of Churches and Civic Organizations 4. Orientation Programs 5. TV Programs 6. Currently 43 Bilingual Precinct Poll Workers Statistics ► Effective April 1, 2008 there were 194,439 Registered voters ► 14,074 are Hispanic ► 7.2 % of the Voter population is Hispanic ► Education is needed. Noted the 2006 General Election turn out was higher than the 2006 Primary Election She proposed that the HAAB and the Board of Elections combine efforts to develop programs that will educate and encourage the Hispanic Community to vote after registering. The Committee commended Jennifer Edwards for her efforts. The reasoning for lack of Registration and Voter turn out was questioned. Jennifer Edwards responded the most important component is educating the Hispanic Community based on the low turn out % for the Primary Election. 1611 A-6 April 24, 2008 Cosme Perez announced the newly formed Casa Hispana Organization has initiated a campaign to educate and register the Hispanic Community effective April 26, 2008 to October 13, 2008. A booth will be at the 4a' Annual Hispanic Family Festival on April 26, 2008 from 12 -6 pm at the Golden Gate Community Center. He requested Hispanic materials from the Board of Elections for distribution. Valaree Maxwell arrived 6:21 p.m. Jennifer Edwards will have the materials available for distribution. Valaree Maxwell questioned the pre- registering process for students turning the age of 18. Jennifer Edwards replied they must be 18 on or by Election Day. She noted that students can pre - register when obtaining a drivers license starting at the age of 16. She added that pre - registration is also being conducted at the High Schools. Chris Stratton, Collier County League of Women Voters reported over 65% of children in Collier County Schools use Spanish or Creole as their first language. She announced the School Board has two vacancies, and noted the importance of the upcoming School Board Election. She requested assistance from the HAAB for various services. Carla Dean, Chair, Collier County Republican Party thanked the Committee for the privilege to attend the meeting. She noted the HAAB "are the Leaders for the Community." She reported that Republican Party has chartered the Collier County National Hispanic Assembly which is the only recognized and authorized Republican Hispanic Organization within Collier County. She reviewed the outreach efforts of the Republican Party to education and encourage voter registration. She stated that the Republican Party will assist the HAAB. Alci Maldonado, Chairman, Republican National Hispanic Assembly offered assistance to the HAAB. She noted there is a local Chapter in Collier County and encouraged HAAB participation. Carla Dean introduced Juan Benueck, Hispanic Coalition Outreach Co- Chairman Chuck Mohlke, Chair, Collier County Democratic Party introduced Liza McClenaghan, State Committee Woman and Dr. Kathy Ryan, Vice Chair. He reported that Collier County was named a "Covered Jurisdiction" under the 1965 Voting Rights Act, stating this presents a prime opportunity to the Hispanic, African American and Creole speaking Communities to act as representatives. He reviewed Census statistics and noted there are 86,000 Hispanics residing in Collier County in comparison to the 48,000 in the 2000. He noted the ability to attract from the Hispanic, Creole speaking, and African American Communities to run for Political Office could be increased if the County Commission and School Board Districts are appropriately arranged based on District Boundaries. 1611 A6 April 24, 2008 He recommended obtaining a proper census count on the rapidly expanding Community. He reported an 80% growth in the Hispanic Community for an 8 years period based on the latest Census count. He reviewed the Pew Foundation Research on Voters citing that Age Demographics are the concern. He reported the following median ages: o Immokalee 25.4 years o Golden Gate City 30 years. Noted 26% of the adults over 18 and are not naturalized He additionally recommended reaching out to the Communities through the School Systems and Churches. Ernesto Velasquez requested participation from the Board of Elections, Women League of Voters, Republican Party, and Democratic Party at the 20 -25 scheduled events in Collier County. Chris Stratton requested HAAB Member and Spanish Media contact information for all Guest Speakers. Mike Sheffield will email the information. III. New Business — None IV. Comments / Announcements - None III. Public Comments - None Being no-further business for the good of the County, the meeting was adjourned by order of the Chairman at 7:52 P.M. COLLIER COUNTY HISPANIC AFFAIRS ADV�SORY COMMIF r Van Fleet, C These Minutes approved by the Board/Committee on sL�o as presented cam. or as amended AA Fiala P December ' EC11 EAD ' Halas MAY 2 7 2008 Henning UTES OF THE MEETING OF THE COLLIER COUNTY dof County Commis Doer Coyle Coletta ORICAL /ARCHAEOLOGICAL PRESERVATION BOARD Naples, Florida, December 19, 2007 LET IT BE REMEMBERED, that the Collier County Historical /Archaeological Preservation Board in and for the County of Collier, having conducted business herein, met on this date at 9:15 A.M. in REGULAR SESSION at the Collier County Development Services Division, Conference Room #609, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Elizabeth Perdichizzi William Dempsey (excused) Thomas Franchino Patricia Huff Sharon Kenny John Thompson ALSO PRESENT: Melissa Zone, Principal Planner Jeff Wright, Assistant County Attorney Misc. Corres: Cheri Rollins, Zoning Dept. Date: Lo124 %�i Item 1 December 1,k7l 1 A 1. Roll Call/Attendance: The meeting was called to order at 9:17 AM by Chairman Elizabeth Perdichizzi. Roll call was taken and a quorum established. 2. Addenda to the Agenda: I. John Thompson added - #7 - discussion to Honor Arthur R. Lee, whose contributions have greatly enhanced archaeological and historic preservation in Collier County and established the Historical / Archeological Preservation Board. 2. Melissa Zone proposed a discussion on re- wording and clarification in LDC Amendments and updates. 3. Approval of Minutes: November 21, 2007 Tom Franchino moved to approve the Minutes of November 21, 2007 as presented Second by Sharon Kenny. Carried unanimously 5 -0. 4. Department of Zoning and land Development Review Report: Melissa Zone reported attending the Planning Commission concerning regulations of HAPB that were not in place when re- codification of LDC took place in 2004. Clarification was needed and will be brought back to the Board with copies to each member within the next 2 months with modifications if needed. One area which was not in the original was a mechanism to deal with violators at digs and to provide stop work orders. Discussion followed on incidences where procedures for training County inspectors were needed to recognize materials discovered in excavation sites. Melissa Zone will look into why that training has not moved forward along with who would do the training and who would be notified if artifacts were found. 5. Old Business: A. Recap of Nehrling's Tropical Garden – Naples Zoo Historical Designation — With Report from Naples Zoo Board. Sharon Kenny, a member of the Zoo Board reported that she was not able to attend the Zoo Board's end -of -the -year meeting and this item was not taken up due to their extensive agenda. Her report will be on the next agenda. Melissa Zone reported the Zoo Board had received the final draft. Since a tree survey had been requested, Melissa announced that Wilson Miller will be mapping through the GPS system, each of the trees and its coordinates. These will be documented for all departments use. The report will attach to the resolution along with HAPB's recommendation. Any objections from the Zoo Board would have to be presented to the BCC. Final copies will be distributed to HAPB. 6. New Business: None Discussion of Addenda: December 14 1. John Thompson requested the HAPB petition the County Commissioners to pass a resolution recognizing the significant contributions to the County made by Arthur R. Lee, one of which was as the founder and first President of the Archaeological/Historical Preservation Board. Mr. Thompson has requested the support from the S.W. Florida Archaeological Society, the Museum and several other similar Boards to support this effort. He offered to help draft the document and provide background information for it. Discussion followed and Assistant County Attorney, Jeff Wright, was consulted on how to proceed. John Thompson moved that HAPB request the Collier County Commissioners to pass a resolution honoring Arthur R. Lee for all his contributions to the County; to the Museum; to the Archeology Lab and to the rules the HAPB operates by and that John Thompson will offer his assistance. Sharon Kenny suggested that a letter to the editor with Mr. Lee's picture be sent at the time the resolution is passed. Betsy Perdichizzi spoke of Mr. Lee's contribution as narrator of a video produced by the Marco Island Historical Society on the exposition of the Marco Cat. This video is used in the Public Schools. Melissa Zone requested copies of all such pertinent material information which she will attach to the Executive Summary. 2. This Addenda item was previously covered under Item 4. Melissa Zone announced two Historic Designations brought in by Patty Huff for 2008. She also announced the advertisement for the vacated position on the HAPB left by Ardevan Moeveni. Betsy Perdichizzi announced two upcoming events on Marco Island, sponsored by the Florida Humanities Council and the Florida Division of Cultural Affairs: 1. January 8, 2008, at Mackle Par at 7:30 PM- Art Interpretation Series — to benefit the proposed museum to be built on Marco Island. 2. January 10, 2008 — Marco Island Historical Society Field Trip at Otter Mound Preserve. Patty Huff told of events that had happened in Everglades City: • The Celebration of the 60'" anniversary of the Everglades National Park in which she was asked to give the invocation. • A talk by Larry Perez on December 12 • Upcoming event: April 26-27 - 80s' Anniversary of the opening of Tamiami Trail She also brought prints of commissioned paintings by Jerry Velez, depicting December i9, 2007 various historical places in Everglades City, which are being sold at the museum. The Historical Society provided the originals to be hung in the Museum. Sharon Kenny inquired about the status of the scenic de- designation of Tamiami Trail. The response was that the MPO voted to de- designate, supported by the Mayor of Everglades City. It has not been sent up to the State yet. The next meeting is January 16, 2008 at 9:15 AM. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 10:00A.M. HistoricaVArchaeological Preservation Board Chairman, Elizabeth Perdichizzi These minutes were approved by the Board/Committee on as presented / or as amended Fiala Halas 1 �q +V%� MA 2 7 2008 riemmng do"d of County Commissioners Co le TRANSCRIPT OF THE MEETING OF THE PELICAN BAY SERVICES DIVISION Naples, Florida, April 2, 2018 LET IT BE KNOWN, that the Pelican Bay Services Division Board, in and for the County of Collier, having conducted business hereto. met on this date at 1:00 p.m in regular session at Hammock Oak Center, 8960 Hammock Oak Drive. Naples, Florida, with the following members present: Coleman Connell, Chairman John Domenic John huzzo James Burke Michael Lew John Boland Ted Rain Mary Anne Womble Robert Pendergrass (Excused) Ed Staros (Excised) Annette Alvarez (Excused) Also Present: John Petty, Division Administrator, Pelican Bay Services Division- Nt Janice LLC; Mr. Kyle Lukasz, Field Operations Lamed, Dates, GMs' Manager, Pelican Bay Services Division; Mr. Tim Hall, Turrell, Flan Associates, Inc.; Ms. Heidi Ashton- Cicko, County Attorney's Oli%; and Mrs. Barbara Smith, Recording Secretary. AGENDA L Roll Call 2. Approval of Minutes of the March 5. 2008 Meeting 3. Audience Participation 4. Chairman's Report Nominations and Election of Board Chairman Nominations and Election of Board Vice- Chairman Chairman's Selection of Subcommittee Chairs Foundation Strategic Planning Committee — Mary Anne Womble One -Year Agreement for Professional Administrative Services 5. Committee Reports Clam Bay Committee Report Navigation Markers Osprey Nesting Pole Clam Bay Estuary Discussion Meeting (2/21/2008) Bubblers Water Quality — Dissolved Oxygen Status of Clam Bay Renewal Application Petition to BCC for Release of Clam Bay Permit Application Budget Committee No March Meeting — Next Meeting 4/22/2008 Government Relations Clam Bay Estuary Group Update (Included under Clam Bay) b. Administrator's Report Memorandum of Understanding — Utility Site Jean Smith Proclamation Capital Projects Median Improvements — Myra Janco Daniels Boulevard Sidewalk Lighting — Myra Jance Daniels Blvd & Vanderbilt Beach Road Community Issues Sidewalk Repairs 7272 Cope- i., Pelican Bay Services Division Board Hurricane Charley Storm Damage Plan Reviews Waterpark Place 7. Conmtinee Requests 8. Audience Comments 9. Adjourn 1611 CHAIRMAN COLEMAN CONNELL: If you would all take a seat, we'll get started. I'll call the meeting to order. Welcome all. Well commence with the mil call, Ms. Smith. MS. BARBARA SMITH: Let the record reflect all tnetnbets present with the exception of Mr. Staros, Mr. Pendergrass and Ms. Alvarez with excused absences. I have not heard from Ms. Wornble. She may be running late. CHAIRMAN COLEMAN CONNELL: We do have a quorum as it stands right now? MS. BARBARA SMITH: Yes. CHAIRMAN COLEMAN CONNELL: At the outset I want to mention that there is a memorial service for Captain Bush this atteranon in this building at 6:00 p.m., if you hadn't already read about it. So for the first time yve have a constraint unposed upon us. I don't think it's going to be a problem. We must be finished by 4:00. If we areal, then I would suggest depending upon the subject [[tatter that we would go on for a continuance at an agreed -upon date and time. Evervone in agreement with that? Then we'll do the minutes of the meeting of March 5. Does anyone have any corrections r APPROVAL OF MINUTES MR. JAMES BURKE: I have a correction, Mr. Chairman. I was coninsed with Mr. Rajas statement. I don, know if it was transcribed correctly. It says, "Now, if we add monitoring water ", maybe John Petty, can you help me. Should that be testing? I'm on 7238, right in the middle. Do we monitor or test or is it the same [hang? MR. JOHN PETTY: Statement by Dr. Raia? MR. JAMES BURKE: Yes. W JOHN PETTY: I'm looking at I've got 7238. I've got two statements one starts with 'To me it looks like we're looking..." Is that the one? MR. JAMES BURKE: Right in the middle of the page. "Now, if we add monitoring water." MR JOHN PETTY: 1172, 38 sir. MR JAMES BURKE: That's what I show. CHAIRMAN COLEMAN CONNELL: Right about in the middle. 7273 F' Pelican Bay Services Division Board MR JOHN PETTY: By Dr. Raia, not me? 1611 q MR JAMES BURKE: Yes, my question is, is monitoring water and testing water one and the same thing? MR JOHN DOWNIE: We have different pages 7238 it would appear. MR TED RAJA: 7238 is different. MR JOHN PETTY: My 7288 is Pelican Bay Services Division Board. March 5, 2008. It could be that the layout would be different. I can't imagine how through. thing? MR JAMES BURKE: I think mine was on disk. MR JOHN PETTY: If it came on disk, it would be trtalifned a little bit. It was a discussion about Clam Bay. CHAIRMAN COLEMAN CONNELL: Why don% we just read it for you, Dr. Raid, and you could clarify it for us, please? MR JAMES BURKE: "If we add monitoring water." My only question is, is monitoring and testing one and the same MR JOHN PETTY: I think so, that was my interpretation. MR JAMES BURKE: We can't add it. We're already doing it. MR JOHN PETTY: You can always add to the list of monitoring parameters, but yes, we are already monitoring. MR JAMES BURKE: Okay. That's my question. MR JOIN DOWNIE: I have couple of things. I was not present at the meeting, so I read the minutes I guess more carefully. Page 7232 at the top of the page it is PBS and J. PBS and J, and a little hit further down it is Councilman Sorey, S- O- R -E -Y. On page 7246 we also have Councilman Sony and not Stench. On page 7250 and the last item on 7250 and the top of page 725 t, Mary Anne Womble was tallang about Sterrett, S- T- O- R- R- E -T -T. On page 7257 I think she is talking about facts, F- A -C -T -S and not fax, F -A -X, sorry. MS. MARY ANNE WOMBLE: You're right. That's what happens when you don't attend the meeting. I appreciate it. I also found some typos, but I don% think they re important. MR JOHN PETTY: If you could give those to us separately, we'll be glad to correct them. MR JOHN DOWNIE: Move to accept. MR JAMES BURKE: I will second it. CHAIRMAN COLEMAN CONNELL: On page 7218, and it does change the meaning. It is the second paragraph begins with, "The good part of this program." Does anybody else have the same one I do? 7274 Pelican Bay Services Division Board MR. JOHN PETTY: Yes. 1611 A CHAIRMAN COLEMAN CONNELL: Down three lines it says, "To the average person water management is not at first blush a very exiting topic." That should be "exciting It really does change the meaning. We do have a motion now to accept the minutes any other corrections? Mr. John Domenic moved, seconded by Mr. lames Burke, and unanimously approved the Minutes of the March S, 2008 Meeting subject to the above referenced changes and/or corrections STATUS OF CLAM BAY PERNUT RENEWAL APPLICATION AND PETITION TO THE BCC FOR RELEASE OF THE APPLICATION CHAIRMAN COLEMAN CONNELL: The Chair is going to take the b'beny to change the agenda just a tad, simply because of the subject matter that is of interest to everyone and that being if you'd go down to the Clam Bay Committee Report, the very last item on it is the Petition to the Board of Comity Commissionrers for Reksse or Clam Bay Permit Application. I think it appropriate that we move that subject to the next item and I'm going to turn the microphone over to John, who chairs the Clam Bay Comtninee to tell us what they said. MR. JOHN DOMENIE: Actually, that goes hand in harks with the previous item, Status of Clam Bav Renewal Application, so the two of them are together. And as to the new ten -year mangrove restoration and management permit, the Clam Bay Committee is recommending that it be submitted directly to the Board of County Corrunissiurers for action. I therefore make a motion that this Board submits the application for a new permit to the Collier County Board of Comity Commissioners. Before asking for a second, I would like to point out that the Pelican Bay Services Division Board has been elected by the residents of Pelican Bay and directly appointed by the Board of County Cormnissumers. We have a direct responsibility to the Board of County Commissioners and they in tum look to us to meet our obligations Ten years ago they delegated fire management of the mangrove estuary to this Board. They will be pleased that we are willing to continue with that responsibility and financial support by the Pelican Bay residents, especially during a time that the County budget is being shamed. That is nrry comment. If you want me to expand on it, I think.......... CHAIRMAN COLEMAN CONNELL: I'll second- MS. ESTELLE FISHBEIN: May 1 ask for a point of clanfication? MR JOHN DOMENIE: Please cone to the microphone. Please identify yourself. 7275 Pelican Bay Services Division Board 1 6 l 1 n Q April 2, 2008 1i �J MS. ESTELLE FISHBEIN: I'm Estellele Fishbein. I'm a resident of Pelican Bay and a member of the Mangrove Action Group. The proposed resolution was not entirely clear to me. And i have never had the attention of so many attractive men. But anyway, John, it was not clear to me whether your resolution anticipated an application for renewal of the current ten -Year plan. MR. JOHN DOMENIE: it is not a renewal because it's a new permu based on the present pemvt. You can use renewal. We're trying to perhaps avoid that. but it is a renewal of the existing permits, but it becomes the new permit in itself. That is the way I understand it. Joint, correct rile. MR. JOHN PETTY: Number one, it's not a resolution. It's a recommendation from a subcommittee. MS. ESTELLE FISHBEIN: Yes, MR JOHN PETTY: That is the weight that it carries. MS. ESTELLE FISHBEIN: I understand. MR JOHN PETTY: Second, it is a new permit We 've done the first ten years. We're just about finished with it. We hope to get an A -plus. We have submitted what we think is necessary for the mangroves, which is another ten -year permit to the County in September. They asked us to hold on to it while they evaluated source other considerations of coastal zone concerns. We have discussed that at length. They have asked us to do a one -year extension wfiile we continued to talk with them. So we have submitted a one -year extension of the existing permit, which is being processed now as we speak What tills action is detailing is the recommendation to go forward on the previously - approved ten -year permit to go forward. MS. ESTELLE FISHBEIN: Thank you for brat. That is my understanding as well. Would it be appropriate for me to continue my remarks? Then I will speak in favor of the proposal sex forth by Mr. Domenic. Unfortunately, Chairman of Mangrove Action Group is not available. He's out of the state and he cannot speak for the group but there are many people in this room today taking the time to come because this issue is so ternbly important to not only the work of MAG, but to the health of our mangroves as we see it. So I m speaking for myself, not for the group and others may similarly address yon. But I do want to urge the services division to adopt this proposal. 1 noted that the permit names as the. Permillm Aulhorized Entity the Collier � tY County Pelican Bay Services Division. It expires; I understand on, it says on July 6. It's my understanding an application must be filed very shortly, perhaps within 60 days. So there is no time to Jose. And the current permit constitutes a funding of consistency with both the Florida Coastal Zone Management Program as required by the Coastal Management Act and certification of compliance with Water Quality Standards under the Federal Clean Water Act. Now, I was not present at the March 5th meeting, but I did take the trouble to read those minutes. And as your Chairman, Mr. Connell, noted in his remarks on March 5. the Tomasco report describes 7276 Pelican Bay Services Division Board 1 6 1 1 A 8 April 2,206 �l the success that Pelican Bay has enjoyed ruder the stewardship of the Services Division. 1 dunk that's terribly important and it really is something that tins Board should be very proud of I fear that the focus of any new and fiuther permit, if, e do not go forward now, but merely go with the one -year extension, that that will be markedly changed the role of the Senvices Division I fear would be really diminished and perhaps you can even use the word emasculated, that's my fear . And who would take over the primary authority? As 1 read the minutes, it emerged that that possibility would be; the primary authority would be'the County Department of Coastal Zone Management. So 1 looked at the web site of the Department of Coastal Zone Management, which merely informs us that this department was created by the County manager in 2006 and I quote, "To address the growing need for beach and water access." It says nothing about the things that we are, that our Board is concerned with maintaining the purity of Pelican Bay, primarily the health of the mangroves Nowhere in the description of that department is there any reference to maintaining and preserving the mangroves. So I really wonder and I have to ask you to consider why the Services Division would meekly surrender to a reduction in this important role when the County's only consultant, Dr. Tomasco, found that that stewardship for ten years has been a successful one He wants, apparently from his remarks on March 5th meeting, he wants to change tine focus of the permit to water quality . Well, under the current plan I understand that monitoring the water quality is definitely pursued. And if there is a renewal of that current permit and subsequent c hanger, it appears tbere is nothing, absolutely nothing, to prevent amendments to that permit. I read remarks by Marcia Cravens in tier statement in the March 5th meeting that if only a One-year extension is sought to permit nine for preparation of the new ten -year permit, although now the water quality has to meet the standards for highest use, you might even see a change that it only has to be to meet the lowest use requirements. I'd like to address frankly something I found very confusing in tnany renuatks that Mr. McAlpin, who I'm sorry is not here today, that he made to the Services Division at the last meeting. I started courting the number of times that he made reference, he used the word "County". He stated "The County has asked the Pelican Bay Services Division to extend die existing permit for one year." He said, "That is where the County stands right now." And thmoglraul his testimony he makes references to, quote, "the County". He doesn't specify whether he's referring to the Canary Commissioners, the County Manager or himself I believe I have to respectfully say this. I believe this is less than forthright is fire way I would paler to pun it. MR JOHN PETTY: Mr. Chairman, I'm sorry to interrupt, Our time clock alarm, I didn't want to get yelled at later on, the alarm just didn't go off. UNIDENTIFIED SPEAKER: I yield my time to Estellele. CHAIRMAN COLEMAN CONNELL: Let me assure you, Esrellele, that tills Board is not surrendering anything to 7277 Pelican Bay Services Division Board + 6 1 1 A 8 anyone. We are an arm of the Collier County Govemnrent. However, you may be certain we'll fight to the death about this. I think as the meeting goes along that many of the questions you have raised will be atimered. MS. ESTELLELE FTSHBEINE: I appreciate that. I'd just like to close niv address joy by saying I don't believe there is anyone in this room who is not concerned abort preserving and enhancing water quality, but I very much fear the, I'll say it again the emasculating of this very successful Services Division, and therefore, I endorse Mr. Domenie's proposal. Thank you very much. CHAIRMAN COLEMAN CONNELL: We surely approve and appreciate your support. MR JOHN DOWNIE: Estellele, it's not roy proposal that came from the Conututtee, the Clam Bay Proposal to this CHAIRMAN COLEMAN CONNELL: If I may, please. We have a motion on the floor. MR TED RATA: That's my point John. I think for the benefit of everyone, it should be worded that this letter which would go to Mr. Mudd, who holds the request for a new permit in his office. Stop me if I'm wrong, John, but the letter would go to the County Manager, Mr Mudd, asking him to deliver the requests for the permit through the Board of Countv Commissioners and each of the five commissioners would receive that get a copy of that letter and I m also concerned about the way the letter would be worded and I think it has to be worded sornewhat as I've just described it, rather than a letter directly to the Board of County Commissioners asking them to go get the hermit, if yon will. Am I correck, John? MR JOHN PETTY: Sir, you are correct. We would be going through the proper process, winch means it would go to the County Administrator with the normal copies attached to those parties where we would be asked to be put it on the agenda for consideration. We would do this with respect to the position of the County Adrtunistrator and what he has to do and staff And the fact that we may have a conflicting position doesn't mean that we wouldn't do this in proper form. MR. JAMES BURKE: Mr. Chairman, Heidi, the request would be to the Board of County Commissioners, wouldn't it? MS. HEIDI ASHTON- CICKO: It's up to you how you want to do it. You can do it to both or do it to either and request that it go to the Board for agenda for consideration. You're going to have to make that determination of how you'd like to present it. CHAIRMAN COLEMAN CONNELL: Certainly, the Commumoners would not ignore a letter that is something for this to be done, do you think, Heidi, or are we missing something by not going directly to thpn,� MS. HEIDI ASHTON- CICKO: I don't think that thev would ignore it. Tluev would certainly contact the County Manager and fund out what the status is Whether they do it individually or at a Board meeting I don't know. MR JOHN DOMENIE: I would like to ask somebody from the Mangrove Action Group. Marcia is not here. Marcia 7278 Pelican Bay Services Division Board 1611 Ag Cravens is not here, but 1 was under the impression from conversations with her that she has had contact with Commissioner Halas and asked that it be placed on the agenda. Canyon inform me on anything on tat motion or request by the Mangrove Action Group? MR. DAVID ROELLIG: I'm David Roellig. I'm the vice president of the MAG. The plan, my understanding is, you submit an application to the County Manager to appear at the public petition portion of the County Commssmn meeting at the next, which I believe is April 8th, to provide the input that we are looking for to the County Commission to accelerate the application of this permit, sending it in, rather than go through the processes that the County Manager seems to be undertaking. That was the plan before they left town and that's the current plait as I understand. that application needs to be Presented, a public petition and has to go the County Manager. MR. JOHN DOMENIE: Manager or Board County Commission? MR DAVID ROELLIG: It goes to the manager to go on the County agenda. Apparently, that gives the County staff a heads -up on what the public petition will be. MS. HEIDI ASHTON- CICKO: Mr. Chairman, that's correct, there has been a public petition tiled by Marcia Cravens which will be heard at the Aprid 8th agenda as an agenda item. I'd also like to inform the Board of the fact shed which I was directed to do at the last meeting. One of my bosses, Chief Assistant Jeff Klatzkow, has requested that that fact sheet come from staff and not from the County Attorney's Office. So Gary had indicated to me that he would have a fact sheet that he'd prepare before the next Clam Bay Subcommittee meeting. So I granted to give yon a brief update on that. CHAIRMAN COLEMAN CONNELL: A fact shed on what? MS. HEIDI ASHTON-CICKO: My suggestion was to do a fact shed which would discuss the one -year renewal and the ten -Year new application and the responsibilities and expelled costs of the Public Services Division. that's what my recommendation is. MR JOHN PETTY: Mr. Chairman, at the last meeting it was my understanding counsel had seen a worksheet and was reporting on same and that the Manager had this fad sheet where these matters had been waived by the County which was justifying their actions for the last six to eight montls. If this is a new work that is now being proposed by counsel to be done by the County, I think it may be inappropriate since this is more of a Pelican Bay Services Division considering what is proper for Pelican Bay. And if the County has a position from a staff level that it really should come from staff and if Counsel is working to perfect the County position, she may have to excuse herself in counseling this body, if they are in conflict. 7279 Pelican Bay Services Division Board A 161 1 A 8 M 2 2008 V MS. HEIDI ASHTON- CICKO: It's not an existing document 1 was suggesting because of the questions that 1 heard at the meeting that they prepare a fact sheet for distribution to answer some of the unanswered questions. Since it's factual and not a legal issue, it's not appropriate for the County Attorney's office to draft it. It needs to be staff. 1 don't know the answers to the questions. Staff has to generate that MR JOHN PETTY: Is there arty problem with PBSB staff preparing this? MR JOHN DOWNIE: I'm confused. MR JOHN PETTY: t am too. I thought there was a document out there. Now I'm being told there was a recommendation from Counsel as a matter to resolve our questions. I donY know why she's bringing that up. It includes the coastal zone I am in counsel with the County Administrator's office. You have the PBSD staff before You I don't know who's missing from equation. MR. JOHN DOWNIE: Pm confined by the Mangrove Action Group. If they have petitioned and if that petdion.......... MR TED RAIA: I want to explain that petition. MR. JOHN DOWNIE: Okay. Thank you. MR TED RAIA: That petition was sulanutted in case we Could 'lot get on the agenda. If we get on the agenda, the Petition is going to be withdrawn. But you had to get it in, in the window to gel it on the agenda. It can always be withdrawn. So if we get our issue on the agenda at the Board of County Commissioners, then Marcia is going to withdraw that petition. MR JOHN DOMENIE: How can vie? I think there was a deadline last week sometime for the request for that to be placed on the agenda I'm confined to say the least. MR TED RAIA: Well, getting the approval that it will be placed on the agenda is satisfactory, even though it's not going to be April 81h, but that would be enough to withdraw the petition. So if we get a response that it will be on the agenda at this next appropriate meeting, which may be two weeks from April 8th, that's fine. Then that petition is going to be withdrawn. MR DAVID ROELLIG: The purpose of the petition is to ensure that a mmimmn amount of time does not continue to be lost. The Coastal Advisory Committee, back in October I appeared before them and indicated I was, I'm happy with the one -year extension and the submission of the application and now six month has gone by and I'm not really sure that the application or the extent it has gone is. MR JOHN PETTY: Yes. We don't know if it was put in the mail. We don't know, that it's reached anybody. MR DAVID ROELLIG: Is it in the mail? 7280 Pelican Bay Services Division Board MR. JOHN PETTY: Yes. sir. 1611 A 8 MR DAVID ROELLIG: You have a copy of die letter, I believe, I presmne the attaclunent letter. MR. JOHN PETTY: Yes, sir, with the signatures. We've got the copy up in the office. MR. DAVID ROELLIG: It was recently done apparently, because when ve met, it wasn't. MR JOHN PETTY: Correct. It was done the day of the Clam Bay Meeting. MR. DAVID ROELLIG: Our feeling is we want the Board to move forward. I guess the time period is going to expire before the extension is approved and it's critical that we continue to forward and no depend on promises of favorable action by the state or federal govermitent when die permit has already expired. So we su'onglY support your moving to ahead and go directly, if necessary, to the Board of Canty Conuuissioners to get this application into the proper state and federal hands. Thank you MR TED RAJA: Mr. Chairman is the petition that the County has been holding, and I say County because I don't know who is actually holding it. Is that application the same application were talking abort now? Are there changes that we're making? So the application is actually in the Commission's office, is in the County right now and all we have to do is have somebody bring it to the Commissioners? Let's just give somebody the assignment to deliver the petition, the request for approval. CHAIRMAN COLEMAN CONNELL: I think we have, haven't we7 isn't that a staff responsibility? MR. TED RAIA: What is stopping the Commissioners from receiving the application? CI W01`1AN COLEMAN CONNELL: I don't believe they've seen it. MR JOHN PETTY: Mr. Chairman, if I could speak to that issue. It hadn't been submitted from the County staff to the Commission as an agenda item. It had conic back to us months ago where they asked us to bold on that matter until we had a better understanding of the issues the County was considering germane to the coastal zone and since our permit was in the coastal zone, they wanted to review it miler that criteria. We have had numerous meetings between now and then. The first contact, which was last summer and our submittal of the recommendation for permit last September, we have had quite a few meetings with the County on this issue and they've asked us to hold for an additional year while we went through the Clam Bay Estuary meeting discussions. The Board initially said yes we'll do that as long as we go in for a one -year temporary permit and the County agreed and we also got an e-mail from the County Administrator asking us to do just that, submit a one -year temporary application, which we have done and it's in the mail. MR. JAMES BURKE, John, the mail to Tallahassee? CHAIRMAN COLEMAN CONNELL: Yes. 7281 Pelican Bay Services Division Board 1 6 11 � A 8 April 2, 2008 MR JOHN PETTY: We were the last ones to sign, I believe, on this document. So it was going through the process UNIDENTIFIED SPEAKER: Was a return receipt requested? Othemise you don't know it was received. CHAIRMAN COLEMAN CONNELL: No, it went regular mail. MR JOHN PETTY: We are going up to Tallahassee and were going to see where it is. We're not late yet, so we're following the process. What happened at our Clam Bay subcommittee meeting was that there was a discussion of the amounts of material, which is quite a bit, that has been evaluated arid Ute other Comity issues that may impact our permit h was decided Urat they were so quantified and so diverse as to really take emphasis off of what Pelican Bay looked to do, which is maintain the mangroves. And the suggestion was that that be a separate permit, which we may very much want to support, but that the mangrove permit or the ten -year permit that we originally approved back in September be the one that is recommended to go forward so that we can get our permit and continue on as we have over the last ten years. It wasn't a denial of the County's position at all. It was one that was just quite a bit more complicated and we were going to lose fowl on our goals on our mission, which is restoring and maintaining mangroves. f IopeWly that helps. MR. TED RATA: Mr. Chairman, what is the protocol for getting this Perna( in the hands of the Commissioners? Does anybody know? CHAIRMAN COLEMAN CONNELL: I thought it would be appropriate, as I described it, which is to address a letter to Mr. Mudd asking him to move that permit application directly to the Board of County Commissioners, sending each of them a copy of that letter. I don't see how !re could ignore it, but if the right thing to do is still maintain some form of protocol, is write directly to the Board of County Commissioners. MR. JOHN PETTY: Mr. Chairman, if I may, Utc protocol would be that it go to the County Commissioners, office to request that it would go on the agenda that we would state we are asking this item be pin on the agenda for consideration by the Commission. We know that that would be in conflict with the staff, with the County staff at tills time, but if that is the will of the people of Pelican Bay, then that's what you're probably obligated to consider. MR TED RATA: The original petition was sent to the County Manager's office'? MR. JOHN PETTY: Yes, sir, it was and theybe asked us to wait and this body did decide and had discussed that and we have given them that consideration ttrat we would wait. The issue is do we have enough information to move on. CHAIRMAN COLEMAN CONNELL: Just for information, the Ietter to Tallahassee requesting a one-year extension was dated March 18. I can't guarantee you it went in the mail that day bemuse there were two signatures on it, but it could not have 7282 Pelican Bay Services Division Board been long after. 1611 q 8 MR JOHN DOMENIE: I'm sorry. John, but I'm still contused Wltere do we stand now will, the Mangroves Action Group petition to be heard? Will that go forward and how does that take Precedence over anything we do and we support then at that meeting or how does that work? MR JAMES BURKE: Marcia has ten snintnes Tuesday under tie public petition agenda. MR JOIN PETTY: She contacted our office and asked about having a special meeting of this body to consider that and I didn't see any issue before Pelican Bay Services Division. Certainly the Mangrove Action Group should do what the Mangrove Action Group thinks is best and Pelican Bay Services Division will do likewise. She bad asked if Pelican Bay Services Division could participate with them in petitioning the Conmiissioners. I said absolutely, the Pelican Bay Services Division could. It just has to be done in respect It cant be done in an adversarial rule. Pelican Bay Services Division has to work with the County today and tomorrow. We shouldn't be in a position where we're knocking anybody down We should do it simply because that's what the will of Pelican Bay is MR JAMES BURKE: There are some restrictions on that public petition. Heidi, you may know better than I. Can you represent a group or do you have to be an individual? Are you prohibited from snaking a presentation? Are there some restrictions on what they do? MS. HEIDI ASHTON- CICKO: I believe the public petition is only about five of ten minutes to present the situation to the Board and then the Board generally makes a determination of whether they, want it placed as a figure agenda item. MR JAMES BURKE: At a later meeting. MS. MIDI ASHTON- CICKO: That's usually the way it's processed MR TED RATA: It's ten minutes. Only one person can speak. If you get it on the agenda, everybody has an opportunity to speak, if you file to speak, and you get three numrtes. That was the idea of getting it on the agenda so a group of people would be able to be represented at the meeting. The public petition will only allow one speaker and it was a last resort to do that and it will be withdrawn if we get this on the agenda. 1 would suggest we go ahead send the letter to the County Manager to please forward the request for approval of the application to the County Commissioners and copy the Commissioners with that and move it. MR JOHN DOWNIE: Does that require a summary facts street or something to that affect? MR JOHN PETTY: This is something that we normally do whenever we have an item appearing before the County Commssioners. So this is kind of standard for Barbara to prepare [Iris. We should be able to do thus. We don't have a big concem. 7283 Pelican Bay Services Division Board 1 6 l 1 A 8 April 2,204 It's more about what the Board would like to us do. If you'd like to us make a detern ittion on the ten -year permit or if you want to wait. MR JAMES BURKE: To begin with, by ordinance were responsible to the Board of County Commissioners. So we have every, I don't know if the word is right but we have every right to petition item directly. It's cut and dry. The County manager can't say I've received Your letter, but I'm not going to let you on there. His only decision is make is the first available date. MR. JOHN PETTY: Yes, sir, you're very correct. We don't suspect that the County Administrator is going to hold this up at all. We'll say thank you very much. We have considered the matter. We wish to go to the County Commission, I m sure the County Administrator is going to put it on the agenda. CHAIRMAN COLEMAN CONNELL: So to repeat, we have on the floor a motion to send a letter to the County Commissioners or County Manager /Adarinishdtor aPropnately worded with copies to each of the five County Commissioners and we'd leave the wording to staff to do that. Does any otter Board member have comments? CHAIRMAN COLEMAN CONNELL: We have a motion and second. Does any other Board member have comments? MR JOHN PETTY: Mr. Chairman, I'm not sure we did get the motion and the second. Could they be repeated? CHAIRMAN COLEMAN CONNELL: The motion was John Domente and I believe Dr. Raia seconded it. MR JOHN PETTY: 'Thank you. CHAIRMAN COLEMAN CONNELL: Any board members have anything to add to this? MR. MICHAEL LEVY: Could we get the content of the letter again? What's going to be in the letter? What are we asking them? CHAIRMAN COLEMAN CONNELL: Certainly, I m just giving the substance. I'll defer to those who do this all the time to appropriately word it. it will be a letter addressed to Mr. Mudd, the County Administrator, asking him to move the application for another ten -year permit to the Board of Comity Commissioners for their consideration and copies of that letter will go to each of the County Commissioners so they will hopefully be expecting it. MS. MARY ANNE WOMBLE: May I say something? Actually what Pm going to do is ask. CHAIRMAN COLEMAN CONNELL: Certainly, MS. MARY ANNE WOMBLE: I'm on the Clam Bay Committee. We thought that this was the obvious desire of a portion of Pelican Bay residents. especially the ones that are aware that this is going on. With that in mind as Mr. Domenic just 7284 Pelican Bay Services Division Board 1 6 1 1 A 8 April 2, 2008 V said, he put forth the motion before this entire Board I would like to know if there is sonic other aspect to this or some reason that other Board members who perhaps have not said am1lting would like us to be aware of before we go on and vote on this. In other words, we have two people on this Baud that are also on the Coastal Management Discussion Group Board and they are well aware of a lot of issues with the entire estuary of Clam Bay, and I don't see Gan' McAlpin, and I'm sorry because he is really one of the people who has been most outspoken about the permit and permitting process and what's been held up for one reason or another. So I guess what I'm doing here is asking is there any reason that anybody on this Board knows that would make it more valuable or more viable for us to drop the petition for the ten years andyust go immediately to the one -year extension? MR JAMES BURKE: 1 can comment on that. C14AIRMAN COLEMAN CONNELL: Go ahead. MR JAMES BURKE: First place, I've been on this Board now in my eighth year I encourage, if it's the will of the Board, to go directly to the County Commissioners I encourage it, if its the will of the Board. I've done it before myself. In fact, I do it on a weekly, monthly basis right now, not representing the Board, the will of the Board, but individual issues Now, I would doubt, maybe John Domenic, there is anybody on this Board closer to the Clam Bay issues than I am. When I got on this Board seven years ago, I made the statement that in my mind there is one asset that separates Pelican Bay from all other communities in coastal Florida, that's the Clam Bay system and this magnificent mangrove forest. So I'm not going to apologize to anybody for any of my positions, okay. But I'll also tell you this, in these seven years Pve become very much politically astute. Not only within Collier County, but also in the City and also in my tolling of I -75 with Lee Carty. I am trot politically naive. And what I've learned is stay close to the issues, talk to all the players, try to understand what the individual agendas are, okay. Now, everybody, involved with this Clam Bay issue has their own agenda. It may be beneficial to Clam Bay, it may noL Okay. I think 1 have an nmderganding of what those agendas are because I talk to people. I'm not going to be able to vote for this resolution because, although I encourage if ifs the will of the Board. I encourage them to proceed with it, but I cant' vote for it because I don't see what the issues are. I'm not talking from ignorance or lack of knowledge. I'm in this up to any ears, okay. I m on three of the subcommittees for this Clam Bay Discussion Group. I'm chairing the one most important to rue, which is the sand bypass issue and believe me, folks, Dave Roellig will help me with this, that's a key issue. I'm also on the writing of the new permit, okay. The new permit, the writing is not going to change much from the original. There will be additions to it that will make it a better permit. Do I think that discussion group people have agendas, I know they do. I'm watching them and they know I have agendas and they're watching rte. Do I think the County is going to send in troops to takeover Clain Bay, no, not in a million years, okay. Fin 7285 Pelican Bay Services Division Board 1 6 1 1 A A—:r 1 lntw ��iii not even concerned about it. I know what the issues are and I'm there to defernd Pelican Bay, t ca n assure you it will happen, but I can't support this issue bemuse, this motion bemuse, l don't think there is any need for u- So [bat's where 1 am on tlus. MS. MARY ANNE WOMBLE: Jim, what you would really tecotmnend to the Board from your knowledge is that one -year extension is pretty much what we need at this poring MR JAMES BURKE: Yes, that's what I think, but if it's the will of the Board to go ahead and the one -year extension is in. We can't withdraw that.. We need it very badly. We're not going to have, even if we moved ahead with the full permit, we're not going to have time to get it approved by July 8th, you can forget that. So if it's the will of the Board to move with that full permit, then definitely you need the extension to "'time. So 'to issue will negate the extension. MR. TED RAIA: Mr. Chairman, may I make a comment? CHAIRMAN COLEMAN CONNELL: Yes. UNIDENTIFIED SPEAKER: I have a different perspective from Mr. Burke because as I understand the application for the permit was ready to go a year ago. All this lime has passed. We're waiting for the report It carne in and we filed submittals in September. Now we're in April. The County's response has been to set up a committee. The committee set up subcommittees. I spent my career in government. I know when a stall is going on and as far as I'm concerned the staff is just stalling us. Tbat's m_y Personal opinion. You're not going to be able to submit a new application before the extension mns out bemuse it's going to be, I suspect what they're going to come up with is going to be controversial and possibly be opposed by people within Pelican Bay and generating an argument over what they re proposing. There is no reason to believe that what tlue oormuntee is doing is not perceived as supportive of groups in Pelican Bay or groups in the City of Naples or other groups. I think it's important that we go forward and I think that if we don't get all the votes in favor of this, still the Board could go directly to the County Commission and try and get this Permit before them. If it's not possible to do that, the Cotmty Commission refuses, we have other public means at our disposal. Thank you. MS. MARY ANNE WOMBLE: David, what permit are you talking abort, the extension or the ten year permit? DAVID ROELLIG: The extension, we've been told it takes a year or 18 months for the new permit to be approved. I wouldn't be surprised. So the extension obviously has to be supported, but we need to get going on the whole permit also. We can't wait until it gets worse in some way that might be more palatable to some people bemuse I think as soon as you start doing that, you're likely to develop opposition to what has been changed. So there is going to be opposition. Let's get it in the hands of the regulators. People who are on the committees are commenting on the permits to be sent for consideration can do that Meanwhile. 7286 Pelican Bay Services Division Board 16 11 A -8 April 2.2008 we're waiting There is no guarantee that there will be an agreement on what well all go forward with. There will be adversarial comments later on a year or two from now. MR JOHN DOMENIE: By the way, as far as I know, we already submitted the request for extension on March 1801, so that is done. Although, there were discussions at one of the meetings which said if we went in with the frill application now, that would antomatically give us an extension until it gets approved or disapproved. Was that correct'? MR. JOHN PETTY: Tbat is the standard working profile that has been explained to us. Although, statutorily I'm not sure we have any position there. So putting in the one-year extension was something I think we were going to do no matter what. MR TED RATA: It was superfluous because the contract could have been renewed if it was held up. We would have had an automatic extension without putting in for an extension. MR. JOHN PETTY: Mr. Chairman, what I was saying was the opposite of that. There is no statutory reliance that we have that once we submit for the ten -year permit, if it took them two years to review it, that we wouldn't be out of compliance for any period. That's just a working arrangement that is typical. What is standard is our permit urns out in July. If we don't have a new permit m August, we can't do anything. We have been working with them. We have been talking with them, the D.E.P. and the Corps. Typically, if they think your application is in basic order, they will allow you to work before approval is granted, but that isn't always a right. Does that help? meeting. CHAIRMAN COLEMAN CONNELL: Uh -huh. MR TED RATA: Mr. Chairman, I'm a little concerned about Jim Burke's comments, having attended the Clam Bay CHAIRMAN COLEMAN CONNELL: Do you mean working? MR TED RAIA: The working group meeting. I think it was carefully pointed out that our permit deals with Pelican Bay. The County's concerns, deals with not only Pelican Bay, but with two other entities. It's separate two issues. We shwdd go ahead and submit our permit and operate that permit, and the County, when they decide to put in for their own permit; they're free to use all the data or anything we do with our permit They're just two separate issues I think there is some political motivation here on the part of staff in the County and I don't believe its our Commissioners. I don't believe it's the County Administrator. And I am concerned about the position of Mr. Burke. ff he is representing the Service Division Board at these meetings, it must he clear that he most represent the views of this Board and not his personal views, unless he is attending these meetings as an individual person. Its my interpretation of this Board from the County Attorney that yes, we are an am' of the Co only government, but this 7287 Pelican Bay Services Division Board 1611 q8 new ordinance was to give us a voice to the Commissioners. It wasn't the olber wav around. It was to give the people in Pelican Bay an opportunity to be heard at the level of the Carty Commissioners and that's what we're doing right now. So again, I stress we ought to approve this, get this thing going, but we must clarity what our individual positions are going to be when we are representing this Board on other committees. MS. MARY ANNE WOMBLE: Jim, in the first place I respect, I've always respected your thinking on the sand bypass issue. Mr. McAlpin has stated that if necessary, that cotdd become a separate permit. I am concerned. What's the name of the engineering firm from the East Coast that did the study? MR JAMES BURKE: Coastal Management. MR JOHN DOMENIE: In that subcommittee that you're on it says Neutral Coastal Management Engineering. Well, there is nothing neutral about that one bemuse dWm already made a decision as to what should be dome. I think people like Henderson and Moore have differerrt opinions and they should be on that comounce. MR. JAMES BURKE: As I do. That's why I'm on this. MR JOHN DOMENIE: At least get Henderson and Moore on there because they can give you the technical knowhow. MR. JAMES BURKE: I don't think there is an engineering firm yet- MR JOHN DOMENIE: Well, it gives the names. MR JAMES BURKE: Some of their past information. Johm, you know why Vol on this We go back a ways back on this. That's my project right there. CHAIRMAN COLEMAN CONNELL: If you'll just give us a minute, we'll give the Board an opportunity to speak and then anyone else who wishes to make a comment before we vote is going to be welcome to do so, all right. MR. JAMES BURKE: I don't know what Ted is talking about two separate issues. I don't follow that at all. What are the trvo separate issues? MR JOHN BOLAND: Didn't you have a motion about a half hour ago? CHAIRMAN COLEMAN CONNELL: We do_ but, John, the discussion is ongoing. MR JOHN BOLAND: I just wanted to make sure I didn't miss the vote. MR JAMES BURKE: I need to know what the two separate issues are, I'm talking about Clam Bay. MR. JOHN DOMENIE: They'll be running through the definitions which Dr Tomasco put on Clam Bay to us. Clan, Bay is the three bays within Pelican Bay. Dr. Tomiasco in his report calls it Clam Bay Sea grass Assessment. There is no 7288 Pelican Bay Services Division Board 1 6 J 1 A 8 April 2, 2008 assessment in upper Clam Bay. There is no assessment in inner Clam Bay. There is no assessment in the Moorings and there is no assessment in what is it Yellow Bay Neapolitan Bay. So right there, I mean if you're going to believe what it says there, you have some problems and I have hundreds of places in this where it refers to Clain Bay, but should only be outer Clam Bay. CHAIRMAN COLEMAN CONNELI.: Perhaps he wasn't properly briefed before he undertook the -,work. MR. JOHN DOMENIE: That's what I'm saving. When you refer to Clain Bay, please be specific whether you're talking about watershed or within Pelican Bay. MR JAMES BURKE: We're responsible for every inch of it from Vanderbilt to Seagate, every inch of it and the water in there is our responsibility, correct? MR JOHN DOMENIE: Yes. MR JOHN PETIT: If I may, Mr. Chairman, to a certain extent that is mie. Our water management system is not to have a negative impact on Clam Bay, which is why we have such an extensive water management system. And when it comes to monitoring the mangroves, our existing permit has us monitoring water quality issues, i.e., if the cutting of the trenches or the dredging has any adverse effect. We do expect to have positive impact with salinities and other things going up. So there is change anticipated, but the permit is having us took to see if there is any degradation for those issues. " MR. JAMES BURKE: We sat here for a bunch of years, I know I did, and we have had Seagate people come in and here and blast us; everyone recalls that? CHAII2MAN COLEMAN CONNELL: Oh, yes, MR JAMES BURKE: Pretty hot and heavy and maybe I m exaggerating, but for the most part we ignored them, okay. They came in and said the manatees are no longer coning into the water. We can't snorkel anymore because its so muddy, muddy. We ignored it even though it's our responsibility, but a few years ago than argument, that equation changed because a guy by the name of Dr. Buser came in and he was a cat with a whale different stripe. Dr. Buser immediately teamed more about our permit and our management plan than most people on this Board know to this day. He looked at all of our covenants. He got in touch with Tallahassee, all of the other offices, started sending letters, started complaining and he came across something called sea grass. Am I refreshing every body's' memories here? CHAIRMAN COLEMAN CONNELL: 1 think we a0 remember vividdty. MR. JAMES BURKE: So we've got to save the sea grass. Okay. So sea grass is a favorite, one of the favorite topics of Florida D.E.P. Nobody can be against sea grass, not even Ted Raia So he struck a good cord. Now, who's responsible for Clam 7289 Pelican Bay Services Division Board 161 1 8 April 2, 2008 Bay and the sea grass and the water'? Service Division of Collier County and the Service Division.......... MR JOHN PETTY: No, sir. We are responsible for monitoring the sea gasses to see if there is any detriment to the sea grasses caused by dredging only. We are not responsible for the sea grasses and the only entity that would or could be held accountable for sea grass in Clam Bav is the federal government because these are federal waters. MR. JAMES BURKE: So Tallahassee has all this information. So to ward this off the County funded a $49,000 study now called the Tomasco study. And that came out eery favorably to us, but not so favorable to Dr. Buser and III say the City because Seagate is in the City. Nutrients coming directly off the grounds of Seagate and Naples Bay are dumping unfavorable nutrients into Clain Bay. Now, what can Pelican Bay do about that? Can we march into Seagate and order them to stop? Not that I know of. Now, by the tune our nutrients filter out through our lakes and ponds and everything for the most part, how do we get that fixed? It's got to be fixed. It's got to be. There has to be something done to decrease the mrtriems going into onter Clam Bay. We can ignore it and have the State move in and do it for us or we can work with the City in the presence of Dr. Buser to begin a turnaround, okay. Now, in this process so far after two meetings, the Seagate Homeowners Association is proposing that they become an MSDU and begun to assess themselves to institute better management practices, BMP, to begin reducing nutrients. That's progress, okay. I'm happy with that. But we can't ignore the findings of the Tomasco report in that part about Clam Bay, we can't do it. But anyway, when we fast started our work on renewing the ten year plan, the initial reason for the holdup was to get the results from the Tomasco shhdy that was the initial reason Secondly our neighbor in Seagate, Dr. Buser, a very, very opportunistic, sharp individual finds out that were in violation of the permit and we have been for quite a while and it's something called the channel markets. For those of you who aren't familiar with it, there are channel markers out there that guide navigation. Navigation is basically canoes, kayaks and small tilt motorboats. I think two weeks ago we moved to get that fixed. We have to get it fixed. It's our responsibility. So we would have had on the original renewal, we world have had time Tomasco study out there waiting for finalization. We would have had the permit violations that I understand were filed with Tallahassee And that from wry memory was the beginning of delaying the permit renewal, until we get the violations fixed and to get some of this incorporated. CHAIRMAN COLEMAN CONNELL: I have been assured that we can renew or institute a new ten -year permit just as it stands and the City and the County and/or all of us could obtain a second permit to undertake whatever it is that will finally come out of all of these discussions and why we would hold ourselves up for a whole year knowing full well that were never going, that as a group it will never be achieved. I don't understand how we would harm ourselves by going ahead now and applying for the Perrin, whether it is political or emiromnental, I dont know. Maybe somebody can eVlam it me, why we would be making a 1290 Pelican Bay Services Division Board mistake to go in that direction, I'd be happy to hear. 1611 A 8 MS. MARY ANNE WOMBLE: I want to thank you very much because 1 think I asked that about an hour ago. MR JAMES BURKE: Well, I know why it was held up originally. I wouldn't know now, but my concern is let's get that one -year renewal. Let's do this if you want to do it but don't jeopardize the one year renewal. We don't want to be on July 1st without a permit. CHAIRMAN COLEMAN CONNEI. L: I don't believe we would be. MR JAMES BURL: We wouldn't have time to get the renewal in MR TED RAIA: We wouldn't be if that permit went ahead last March. MR. JAMES BURKE: But there is nothing we can do about that MR JOHN PETTY: Mr. Chairman, it isn't going to be an either /or. Its already in the mail. If this Board decides they want the Commission to bear about the ten-year permit that was submitted back in SeptentheL then that would be a process going ahead It isn't either /or. Both have to occur. MR JOHN DOMENIE: Mr. Chairman, 1 have a whole la of comments about, shall we say the things that Jim brought up. And as I say, I respect him, but I disagree with him on them and I have other facts in front of me that I think you, Mr. Chairman, said let's hear from the audience and then vote on it. I think we should go ahead with that. And later on I can comment on those, if you want to. CHAIRMAN COLEMAN CONNELL: That's very thoughtful of you, Jolm. I just want to make sure the Board has spoken on the motion, understands the motion, but before I call the question we'll give the audience an oppmUUdty to have one last word. UNIDENTIFIED SPEAKER: Mr. Burke, t do appreciate all of the effort you've pad into the environmental concerns and I think everybody in the audience does. What I fear is that by capitulating to only filing the one -year extension is really putting a stamp of approval on a purposel'iul mampulahmr by the Candy Department of Cousfal Management I think that's very unhealthy for any democratic process because that, as I understand it, the requests for approval of the application for a ten -year permit was in their hands last September. That's a lot of time that tbev could have forwarded it to the County Manager. 1 don't know whether it was. Maybe some examination of that department's records would shed some light, put some light on something that really needs some light, but it was to my mind when I read the record it was a purposeful manipulation. Thank yea. MR JAMES BURKE: Well agree to disagree on that. Another reason I cant vote to move this forward, I think if I voted 7291 Pelican Bay Services Division Board L I April 2, 2008 v to support it, once again, the will of the Board prevails, I would probably have to think of stepping out of this discussion group, which 1 don't want to do because I've got things- . ....... .. MS. MARY ANNE WOMBLE: We need you on them, Jim. MR JAMES BURKE: I can't do both. If I say to hell with all of this, this doesn't matter, I don't have any life anyway, but I would feel very awkward sitting on all of these co anialees chairing the one on the sand bypass and having everybody know that I don't believe in it. MR- JOHN DOMENIE: Jim, and rut sorry, Mr. Chairman ...... CHAIRMAN COLEMAN CONNELL: Go right ahead. MR JOHN DOMENIE: My concern and I think that of others is, for instance, the navigation markers, it is strange that this subject keeps coming up with false allegations aimed a Pelican Bay. Mr. McAlpin stated the second issue that we are working on right now is the marking of the channel, which is required by the Army Corps of Engineers to mark the channel for navigation. We are working that issue. And then I said what do you consider navigation? Are you talking about canoes, kayaks or battleships? That charnel is limited to the size of a vessel that can come into the area. In our pennut we are required to mark the channel for navigation and well mark that channel for navigation. And then because after the last meeting I was surprised, so I went to Tim Hall and I said. "Tim, I'm a bit confused about this matter. Who is going to do the actual request with the U.S. Coast Guard also Fish and Wildlife or U.S. Army Corps of Engineers or anyone else to mark the channel? Arid are we referring to two distinct items, defined markers stating idle speed only, which are required or an actual red/green channel marker'? Tim responded, "Pm actually a little confused as well. I have not been asked to permit or apply for Permits for any markers from that latest meeting. I gather that Gary would be coordinating that based on what occurs in this subcommittee ". I am on that subcommittee, but nothing has happened. What I'm hying to say is once you start getting all these committees and subcormrtittees, it's going to take two years before you even see a draft of any sort of agreement and therefore I say push ahead. CHAIRMAN COLEMAN CONNELL: Thank you Any other Board members have any other comment? MR. JAMES BURKE: Everybody understands that there can be no navigational dredging in Clam Bay? Do you all understand that? MR JOHN BOLAND: Is anyone going to monitor all these things? You put all these odes and regulations in. No one monitors. No one Pays attention. What is the sense in going through it, if people don't obey the odes? Who knows if they're doing it or not doing it? 7292 L Pelican Bay Services Division Board 161 1 A'8 MR. JAMES BURKE: Somebody must know about due chamnel markers theyre filed mvriu complaints. MR JOHN DOMENIE: Have you seen any of those written complaints sent to Tallahassee? MR. JAMES BURKE: He doesn't copy me. CHAIRMAN COLEMAN CONNELL: I'm sure they're all there, but I think vve need to trove on. If the Board has nothing more to comument on, this gentleman has had his hand up for a bit If you'll come to the microphone. You have three minutes. Give us your nonmed and where you live. MR ED STILES: Ed Stiles. I'm a neighbor of Estellele. An issue of transparency. I'm a neighbor of Estellele Fishbein, who sometimes serves as my general counsel. MR. TED RAIA: Proponent. MR ED STILES: Tlus is my first Pelican Bay Service Couutussion Meeting. I've always been impressed with their work. Somehow I regret that I missed their prior meetings. Therefore as a former professor. I realize that I have questions that are often very useful, if you don't know too much in advance. I'm shocked by some of the discussion because it suggests that the mangroves, which 1 think to all of us are a symbol of our ecological concerns, our social responsibility and our pleasures with living about nature should in any way ever be questioned. We, as residents, with the County have devoted substantial resources to repairing the damage done, I assume b} the County and our foundation by allowing the Strand to be constructed and the roadway leading there, which destroyed I guess a third of the mangroves. I think we need to recall how vulnerable they are. When we're thinking of trivia, we should think of and propound questions of how did we allow that to happed? Given our belief in the value of those mangroves, I can't imagine why we would allow the staff of the County to belay what seems obvious, a no- blamer, as those of us who use careful language world put it, for a ten -yea renewal. I think a delay in the renewal just permits those who may have other agendas in mind to muster their forces to interfere with what seems to me to be and I think to everyone in the room, our goal Of always putting the mangroves firsL regardless of sea grass or markers. CHAIRMAN COLEMAN CONNELL: Tbank you- MR ART REVAS: I have a very brief statement. CHAIRMAN COLEMAN CONNELL: Your name? MR ART REVAS: Art Rivas. I live in Naples. I volunteer with the Conservancy of Southwest Florida as a Clam Pass guide and on nature walks. I serve on the City of Naples Community Services Advisory Board that advises on matters having to do with natural resources. I'm also a Board member of the Mangrove Action Group of Pelican Bay. Incidentally, I'm a kayaker and I 7293 Pelican Bay Services Division Board 1 6 1 1 A,, 8 April 2, 2008 kayak through this system all the lime. From personal observation and reading, I've concluded that the first ten-year plan has provided successfiil restoration and stewardship of the Clam Bay system. I paddle past the area of 50 acres of black mangrove die-off. The area is now repopulated successfully with white mangroves. The Tornasco study notes that water quality in the Pelican Bay system is relatively good The filtering properties of a well- maintained healthy mangrove system have helped ensure good water quality. In short the fast ten -year plan has worked. To achieve the objectives of Collier Comny residents and environmental groups alike and I applaud all of you for making that possible. I fear that a pursuit of an expanded ten -year plan would pose several dangers and not be effective, as effective as the initial plan. First, a more complex plan with many divergent objectives would be more difficult to get approved. SecaxL as many people here said a further delay in submitting the draft of the ten-year plan that's now ready to go would reduce the chances for its approval. And this has also been said, third, most important, by including so many new issues on objectives on a massive new plan would blur the sharp focus that matte the first plan a success. In addition, an expanded plan might introduce and this has also been said, political discord that would be environmentally counterproductive. I believe that very strongly. I think it's been said by many people here. I do believe that it is important to address issues related to water quality in the larger system of Clam Bay that's referred to by Dr. Tomasco, but they should be addressed in the separate permit. So rd like to see the Pelican Bay Services Division submit the plan that's already been drafted as soon as possible, thanks CHAIRMAN COLEMAN CONNELL: Thank you_ MR. JAMES BURKE: Let me, just a little clarification on the permit and the plan. One of the dangers you have when you finally get into sluff like this is it becomes a real bother, but the more I read dus, the more fascinated I am by it. This is from the permit project description and I'm just going to read a sentence or two The project is to conduct activities to improve the hydrodynamics of and restore and manage the Clam Bay ecosystem. What are hydrodynamics? MR. JOHN DOMENIE: We have an expert sitting there. UNIDENTIFIED SPEAKER: What page are you reading from? MR. JOHN DOMENIE: Page two. MR JAMES BURKE: Permittee is authorized to dredge approximately 20,000 cubic yards of material from Clam Pass and restricted channels within the system as water, conduct periodic dredging of Clam Pass and the interior channels to maintain the design, depths, conduct minor small-charge blasting of the restricted interior channels, replace three 24 -inch diameter adverts along Seagate Drive, that's all water. Then I go to the goals of the plan. The first one, restore the hydrology and efficient title to 7294 Pelican Bay Services Division Board 16 11 A ', 8 " April 2, 2008 Clain Pass and interior title. Restore the habitat of the Clain Pass ecosystem and diversify the same. Satisfy the storm water discharge, including irrigation and water quality requirements. So you got to go pretty deep in this to get anybody talking about mangroves. Now, the reason for that is the mangroves were the symptom of the problem. Mangroves were the symptom. They were the visible symptom. You had to get below the mangroves to fix it and we did it and we're doing it on an ongoing basis. And we're doing a good job. CHAIRMAN COLEMAN CONNELU Yes, sir. This gentleman wants to speak. MR LANE ROTHMAN: I agree with Mr. Burke. CHAIRMAN COLEMAN CONNELL: We need your name. MR. LANE ROTHMAN: My name is Lane Rothman. I m also on the Mangrove Action Group. I agree with Mr. Burke that a fantastic job is being done to take care of the mangroves. The one thing I do resent to some extent is for people to call this a Pelican Bay issue. I think that this is an issue for anyone who is interested in the ecology of the gulf and so on. I think that we have a situation, for instance, when there was a call for people to help with the oysters in Naples, my wife and I went and worked on that project. When they needed people to monitor the borrowing owls on Marco Island, my wife and I went there. We went and did things for the red - cockaded woodpeckers. We all are in this together. IVs something that we have to do for our children and our grandchildren. We know that there is a very good group set up. We have wonderful peopie we have Cathy Worley, who has been doing studies on this. We have Turrell and Associates, who have done a great job doing this. We have people on the Board like Mr. Domeme, who has been a treinendous activist and so on. What we want to see is that this good work be continued. It seems that the way that we can do that is through the ten -year plan. If there is some other plan that's better for the mangroves, then please let as know what that agenda is, you talk about agenda, what that agenda is or how that's going to be better than what we were proposing. So I would hope that the Board would support the ten -year plan. Thank you. CHAIRMAN COLEMAN CONNFLL: Let me assure you, before you sit down, that this Board and I'm sure everyone in this room applauds and supports the efforts that have been talked about with the estuary meetings that are going on now. We have two members of this Board on that committee, but we do not want to see any work that is done in the surrounding area at the expense of Pelican Bay. MS. MARY ANNE WOMBLE: I would just like to say, Mr. Burke, had you continued to read pages ten and.......... MR JOHN PETTY: I believe even 12 of de permit to specifically address the mangroves with great detail to what kind of activities can be mdertaken. So I don't know whether you meam to say this, but I think it is fair to say that the mangroves were. 7295 Pelican B a y Services Division Board 1 6 1 1 A� April 2, 2008 V that this whole pennit was focused very squarely on mangrove maintenance, mangrove protection. MR. JAMES BURKE: That will all be in the new permit. MS. ALICE KAY POTTER: Can you all hear me? We are having trouble. Alice Kay Potter. I'm a member of the Mangrove Action Group. Honestly, I am so upset. I know Mr. Burke's motives are good, but, Mr. Burke, you have failed to read other things in that permit. It was all about the mangroves. Here is the first hook of our mangrove meeting. Look at the integrate detail of the mangroves, mangroves, it's all about mangroves. The one quality, the water quality was onty introduced because the water quality impinged on the health of the mangroves. That was why Ave were interested in the water. I wish I could get my thoughts together. It is all about the mangroves. MR. JAMES BURKE: Kay, its all about the mangroves for me, but what I read in here is the work we've done in fixing the mangroves is flushing that water in and out. MS. ALICE KAY POTTER: Absolutely. MR JAMES BURKE: That's all Tm saving. MS. ALICE KAY POTTER: Yes, but [hat is put of the mangrove maintenance and restoration plan. MR. JAMES BURKE: Yes. MS. ALICE KAY POTTER: It is not a separate issue. It is an auxiliary issue. MR. JAMES BURKE: That's why we don't Avant to talk about separate permits. MS. ALICE KAY POTTER: Please, please, my friends here have made wonderful points, much better than I could.. but it is so important that this plan continue on. We would lose so much if it didn't. It has taken us a long time to team what to do. I wish I could tell you how much trouble we went to how many plans did not conic through. We have done something here that no one else has done. We have restored a mangrove forest. People are absolutely amazed that we could do it. We don't want to lose ground. If we turn this over to other people, they'll have to start from the beginning. We have the experts. We have the interested people. There isn't anyone in Pelican Bay who maybe they can't tell you abort the water, but they can sure tell you about the mangroves. I had an old preacher once he would say, "The earth is the Lord's and the fullness thereof " These mangroves are God's gift to us to bridge land and sea. And then there is another old saying, "if it isn't broke, donl fix if'. MR. JOHN DOMENIE: Did you Avant to say something, John? MR. JOHN PETTY: No, sir. I was hoping to call the question. CHAIRMAN COLEMAN CONNELL: I am going to call the question. We have had a difference of opinion as to 7296 Pelican Bay Services Division Board 1 6 1 1 A 8 April 2, 2008 whether it goes to the County Administrator with copies to the Board. That's the one that's on the table right at the moment. I will call that question. All in favor say aye. MR. JAMES BURKE: Mr. Chairman. I don't think there is any confusion. h goes to the manager and we say we want to be on the agenda. CHAIRMAN COLEMAN CONNELL: And that's the question. But my point is Shat there were others who felt otherwise and they have every opportunity to vote on this. Do you know if they wish and we will move on to their opinion? MR JAMES BURKE: That's it. They've got to put us on there. MR JOHN PETTY: I Think the Chairman is clarifying the motion since we had options. MS. BARBARA SMITH: Would you like me to call the names of the Board Members? MR JOHN PETTY: Yes. MS. BARBARA SMITH: Coleman Connell? CHAIRMAN COLEMAN CONNELL: Aye. MS. BARBARA SMITH: Mr. Burke?, MR. JAMES BURKE: Nay. MS. BARBARA SMITH: John Domenic? MR JOHN DOMENIE: Yes. MS. BARBARA SMITH: Ms. Womble? MS. MARY ANNE WOMBLE: Yes. MS. BARBARA SMITH: Mr. Boland. MR. JOHN BOLAND: Ave. MS. BARBARA SMITH: Dr. Raia? MR. TED RAJA: Yes. MS. BARBARA SMITH: Mr. Lew? MR- MICHAEL LEVY: Yes. Mr. JOHN IAIZZO: Yes MS. BARBARA SMITH: Seven for. One against. 7297 Pelican Bay Services Division Board 1611 A$ Mr. John Domenie moved, seconded by Dr Ted Rain, to instruct the Board to send a letter to the County Manager, Mr. James Mudd, asking him to move the Clam Bay application for a new IO year permit to the Board of Count), Commissioners and send a copy to each Commissioner. Approved by a vote of 7 to I, uwth Mr. James Burke dissentinje CHAHIMAN COLEMAN CONNELL: Thank you. We move on. MR JOHN PETTY: Mr. Chairman, a housekeeping issue. Our counsel has another appointment at 3:00. So there are a few issues that may require her evpemse, one is the Memoranda of Understanding and the second one is the review of the Waterpark, both items you may have questions of counsel. So if we could ask if the Board consider changing the agenda. CHAIIZMAN COLEMAN CONNELL: Say that again. MR JOHN PETTY: Memorandum of Understanding, number six. and Waterpark Place. CHAIRMAN COLEMAN CONNELL: Memorandum of Understanding? MR. JOHN PETTY: Yes, sir, of the utility site. CHAIItMAN COLEMAN CONNELL: Memorandmn of Understanding for the Utility Site is our next sobject. MEMORANDUM OF UNDERSTANDING - UTILITY SITE MR JOHN PETTY: Thank you. Mr. Chairman, we%c asked the Board to review this. If you recall. we brought this to you a little over a month ago. We have been talking with the Comity staff on this issue for quite some time. To summarize, for some 18 years we have been working out of that utility site along with the utility division or the utility authority or the utility district, depending on how they've progressed, but always the utility site. In the Last year or so we have been talking about this new issue called a Memorandum of Understanding, which fiurther defines who is responsible for what and who does what on the utility site. We brought it to you at the last meeting. The Board declined to sign it with issues stemming mainly to the first paragraph, but there are other concerns as well. The first paragraph is one where the Pelican Bay utilities site, noted as being a property of the utility division and Pelican Bay residents who believe that they have paid for this issue in their rights or paid for this from their nummum monthly fees, through that and sewer bills or through their special asses9nents for drainage, are wondering whether or not the property can be used outside of Pelican Bays benefit. And they wish to address that first paragraph. So we grove that remark to the staff at the utility department and they cane back with this modified approach_ so we've put it on the agenda for all of you to look at it to see if it brought any positive response or if you have any suggestions on how you'd like to modify it in the future 7298 Pelican Bay Services Division Board 1 6 1 1 A 8 Auril 2.2008 VV or if you d like to do the same as you did last tune and say no thanks. MR TED RAIA: My position is that the County does not own that land. That land was part of the sewage system and water system which occupied drat land and when the County took over our independent district, they took over the utilities, and then the utilities were moved outside of Pelican Bay. There was no need for them to hold that property anymore. So my position ever since I've been in Pelican Bay and served on various boards, I would not do anything that would give this recognition or "defacto" recognition. They should turn that property over to Pelican Bay. So I would table this or I would not vote for it- definitely not CHAIRMAN COLEMAN CONNELL_ Is that a motion to table? MR TED RAIA: I'll make that a motion. MR JOHN DOWNIE: Second. CHAIRMAN COLEMAN CONNELL: Second. Discussion? MR JOHN DOWNIE: If you table it, do you need discussion? MR. JOHN PETTY: No. We're looking to take comments back to the discussion group. I have that so far, if you'd like to add to it. dr. Ted Rain moved, seconded by Mr. John Domeme, and unanimously approved to table the Memorandum of Use on the Utility Site. REVIEW OF WATERPARK PLACE MR JOHN PETTY: Mr. Chairman, the nest item that you've agreed to put forward on the agenda is the Review of Waterpark Place. Staff is looking at the review. Stab' has sent several questions to its engineers. As I've stated before, these are quasi judicial reviews, which means we have an obligation to approve, if they meet the criteria. And, in this case our questions deal with meeting the criteria, we basically have a 60/40 requirement on pervious versus unpervious area in Pelican Bay as a total. In so in each land use application we look for that 60/40 mix. MR. TED RAIA: Which is 60 percent pervious, 40 percent impervious? I may have gotten that backwards. 60 percent impervious is allowed. 40 percent pervious is expected. That's on our water management permit- That's part of our planned unit development order. That's part of what's allowed in Pelican Bay. So we look at engineering calculation on what is imperious and what is pervious and they actually sit there and calculate each square inch and make sure that that's 60/40 and it meets our permit 7299 Pelican Bav Services Division Board 1611 A 8 April 2, 2008 criteria. This appears to not make it. This appears to have more pervious than what nve%e seen in the past. We're not going to go through and do the engineering calculation on the area which the engineers will do. But we've asked our engineer to pay careful attention to that during this review process. It is our understanding that the developer may be looking to get a greater impervious allotment here and that Pelican Bay has an extra inventory of pervious. to other words, we haven't built all of the concrete that we are allowed to on a per unit basis. We have built more grass and green spaces in Pelican Bay than what the pernin requires us to, Witch means we have a surplus and it could be that this particular developer is (roping to get that applied to this particular project. We have counseled the engineer that any such consideration can only occur after this Board has considered the matter and it isn't just because I have it in inventory. Ifs first conic first serve. ITs a policy decision and policy decisions will first be looked at by this group and secondly by the County Commissioners. So that's the issue before you and I believe some of the Board members have reviewed the drainage plans, but that is the big stickler. There are a couple of snnall stmctural issues, the retaining pond torches the back wall of their building, there is no setback from there. If they were to put a hole in the water tension area, if they get a crack in the wall, we may be responsible for flooding their parking garage. CHAIRMAN COLEMAN CONNELL: Where is the retention area? MR JOHN PETTY: If you look at the bottom of the fast sheet, you will see some, a diagonal set of lines. That's our berm CHAIRMAN COLEMAN CONNELL: Right. MR JOHN PETTY: It's everything to the top portion of the berm. MR TED RATA: The water cast of the bean is there. MR JOHN PETTY: It's a long rectangular piece just to the north of or.ryst to the top of that drawing past the berm. MR. JOHN DOMENIE: I look at it and I see two huge parking areas and I see huge driveways. MR JOHN PETTY: It catches your attention. There isn't a to of pervious area and or retention area is rather small. So we've asked the engineer to pay careful attention to that independent of what we have in inventory. if Pelican Bay is carrying a surplus or deficit shouldn't matter to this process. MR JOHN DOMENIE: Then I looked at the drainage structures. They all lead around all the way here, so all of these drainage structures end up on the north side as Par as h can tell. MR JOHN PETTY- The flow will run the other way, but the , all are interconnected all the way up. MR. JOHN DOMENIE: Right. So all that water pour into that one location? 7300 Pelican Bay Services Division Board 1611 A April 2, 2008 MR JOHN PETTY: Absolutely. All of the condos are set up that way. The issue is we're concerned that they don't have the proper ratio and they may be relying on what is in inventory. Will the storm water from this particular site not be held for three days in a 25 year storm event, which everybody else is required to do? They're so close they can short circuit the system and get across without treatment. MR. TED RATA: Can I ask you a question? That retention is in our easement area? MR JOHN PETTY: Yes, sir. We have an easement over drat entire area. MR TED RATA: That retention is in our easement area, that's not a problem. Will they be able to assign, sell that property or gift that property to someone else and still have credit for that retention area or do you see that as, do you see any problem there? MR JOHN PETTY: The retention responsibilities he solely with the Pelican Bay Services Division and Collier County. Regardless of ownership that responsibility is still there. We have easements over the area. We're not asking them to privately hold any retention area. Everything has to be within our easement so that we control it. MR TED RATA: I want to make sure because they apparently want to give that, the easement area, they do want to give it to the foundation. I just want to make sure that we know that in advance of this happening. MR. JAMES BURKE: There's been a lot of discussion over the years over what happened during the development and at the end of development and the transfer of green spaces and property rights given under our easement area. We don't care whose name owns that lard. We have an easement over it for water management. Therefore, we control what happens on top of the land. We also have easements and ownership affecting the berm or the dykes, whatever you want to call it, so that we can function as that structure is intended to be functioning. So no, I don't think we rare who owns this or how it's transferred at a later date. John, what other agency has to sign off on something like this? Is it South Florida Water Management? MR J0I4N PETTY: South Florida Water Management District. MR JAMES BURKE: Novv also Waterside that had to go through South Florida. MR JOHN PETTY: No, sir. That carne through us. MR. JAMES BURKE: Didn't it go there first? MR JOHN PETTY: No, sir, not that I'm aware of It may have gone there for general practices, but that authority was delegated back to Pelican Bay in the, what nud ", I believe, sir. Before that tonne South Florida had to agree to every single development, and in the and 80s they changed it to only the development of very large tracts. 7301 Pelican Bay Services Division Board 16 ' 1 A MR JAMES BURKE: So Otis is our sign -up to do'I MR JOHN PETTY: It's our responsibility to make sure it meets the criteria. MR JOHN DOWNIE: John, I have a question. Ten -year rainfall is th ice days. The 100 year rainfall is less. MR JOHN PETTY: Yes. sir. MR JOHN DOWNIE: According to Ibis plan it is. And the 25 year rainfall is even less. I don't understand why you'd think that 100 years would be more than 10. Do you see ten -year as three days? MR JOHN PETTY: You're absolutely correct. Those are part of the questions that the engineers will be looking at and the reference can only mean one thing that he's referring to something other than what you and I would consider to be kosher because you're right. The 100 -year three -day rainfall event cannot be greater than the ten -year tivce[1ay. MR JOHN DOWNIE: Should be. MR JOHN PETTY: I'm sorry, it must be greater. Did I do that double standard thing again, say no when I meant yes? MR JOHN DOWNIE: So we are not approving it and we`re sending it back? MR JOHN PETTY: No, sir. It is on your plate. Simply to let us know the status of it and to take any comments of the quasi judicial at this time. MR JOHN DOMENIE: So you have gone back or you're going to? Who are our engineers? MR JOHN PETTY: Wilson Miller Associates are the engineers assigned to the task. They have been around doing this type of thing in Pelican Bay since the beginning. MR JOHN DOWNIE: We paid them to give their opinion? MR JOHN PETTY: Yes, sir. Otltenvise they withhold their opinion. Engineers are kind of like that. MR TED RAIA: Are these plans approved? MR JOHN PETTY: No, sir. They're in process as we speak The developer had submitted them to the County, which is where we teamed it was ongoing. We then identified or told the developer that to meet our criteria four different sets must be sent to us talking about our criteria only and they submitted those and fl&s what were evaluating. CHAIRMAN COLEMAN CONNELL- Is there a time limit for protesting? MR JOHN PETTY: There is a public hearing process fmm our review. Our review is strictly do they meet the criteria. If there is a policy consideration, i.e. they'd like to take some of our inventory of pervious land and use it in this calculation, then that is something that definitely would be opened up for public discussion. 7302 Pelican Bav Services Division Board 1611 A 8 April 2.21108 MR TED RAJA: John, it's difficult for me to see what the pervious land is on this plan. So could yon get a plan and, not now, but sometime really mark what is pervious here? It looks like it's almost all impervious. Is this for all of Waterpark Place or just the additional structures being put there? MP- JOHN PETTY: We look at it on a parcel -by- parcel basis. As far as we're concerned, this is an independent parcel. I see nothing in the record that shows them that we owe them any consideration for any other development in Pelican Bay or that they've approached, discussed or been approved by any prior Board. MR TED RAIA: Thank you. CHAIRMAN COLEMAN CONNELL: This gentleman has a question. MR. STEVE SIEBEL: I'm Steve Siebel from San Marino. Are you telling us that because they don't have enough properly that's impervious that they can pick up six acres or feet or something from someplace in Pelican Bay? MR JOHN PETTY: Mr. ChaimmT, I'd like to say yes, but Pm afiaid I91 get thrown in jail if I do. The answer is yes at the end. It is not yes to that is what I'm saying. What I'm saying is that we have some concerns that we are reviewing and this is what we've told our engineer to do. It appears to us that the amount of impervious is high, but this is done — there is a terra for this, an engineering term that I can't pronounce very well, photometry (phonetic). They can look at an aerial photograph and tell you what the area is. And they use this funny little device. Anyway, they use this funny little device and figure out what's pervious and impervious, along with the calculations. If they do not meet the criteria, the 60140, then they do have the option of coming back and asking both the County and Pelican Bay Services Division representing the IBT to allow them to have an exception to this based on all of Pelican Bay meeting the criteria. Our permit with South Florida requires a 60/40 across all of Pelican Bay, not on a parcelby -parcel basis. Prior boards have opined that doing it on a parcel -by- parcel psis was the only fair way to do it. That's the standard we carry today. So if we were going to try and let them from a 65135, for example, it would have to come back to this body and then have to be verified or ratified by the County Commissioners before we do could do it, but yes, they could ask for it. They would not go it automatically. It would have to go through the public consideration process. MR STEVE SIEBEL: Is the country club part of the pervious property? MR JOHN PETTY: The country club itself, no, but the golf course represents a great deal of it, so, yes, sir. That's w•hy we never could give it away because people that own the golf course are the members, of the golf course who have a 90 percent pervious 10 percent impervious or less. We keep taking from them and nobody ever gives back, so that's why it was always done on 7303 Pelican Bay Services Division Board 16 I 1 A $ April 2,268 a parcel -by -parcel basis. Everybody must comply. MR-TED RATA: Who would have the final say on this? Will we have it or will the County? MR. JOHN PETTY: Absolutely the County. We are a dependent entity of the County. as mentioned before. Our ordinance was just changed to give us a stronger voice with the County Commissioners. I believe Mr. Burke brought that up. They are listening to the people of Pelican Bay and our responsibilities as the Service Division is to reflect the voices of Pelican Bay, but we have no rights, if you will, or standards to oppose Pelican Bay or oppose the County. other than your rights as a citizen. formula? MR. TED RAIA: Thank you. The drainage calculations for Pelican Bay are they then actually calculated on this 60/40 MR JOHN PETTY: In total by South Florida, they look at our permit holding either being in compliance or being out of compliance, but an overall 60140. We look at it on a parcel -by -parcel basis. MR TED RAJA: Right, but the overall drainage plan for Pelican Bay is based on the fact that in the beginning that 60 percent of the land, if you are correct, is going to be impervious and they have to allow for that mach runoff of water and that's how our drainage plan is. Do you have any idea what that number is today? Are we at 60 percent or 10 percent? MR JOHN PETTY: I don l know the exact number. I can tell you that because of things like the golf course, we have always been well below that number. Since the golf course was built first, we ve always had a great deal of green space, very with little impervious as construction and development eat up. That relationship got closer and closer, but the last I heard, I wouldn't estimate that our impervious was above 55 percent. So I still think we're doing pretty good. Glencove and Serendipity and several other developments in that panicular quadrant were donne during an ecaum ie time period where townhomes and those mid -level residential units were more desirable than the high - rises. So we have a lot less impervious. You don't have near as much parking required for a three-story budding as do you a 27 -story. So we should have a positive budget there. MR. TED RAJA: Okay. CHAIRMAN COLEMAN CONNELL: Yes, ma'am. MS. LOIS HEYRMAN: I'm Lois Hevrman I live at St. Laurent in Waterpark Place. I want to know if those engineers have given any consideration to how having more impervious land will affect the rest of the buildings in Waterpark Place and also San Rafael to the north of us. MR. JOHN PETTY: Mr. Chairman, it has been calculated based on those percentages that we talked about. As long as they are in compliance with that there is no negative impact as far as we're conceruert but that has all been calculated in the plan. 7304 Pelican Bay Services Division Board 1611 A t Al ril 2, 2005 H V If they go past that 60/40, that's our concern. That's parr of why its quasi judicial in that dos matter has to be reviewed from that criteria basis and not one of it might be viewed as blocked. That's somebody, else's area not ours. MS. LOIS HIGHERMAN: Would a resolution by this Board to the effect that they be held to the 60140 split have any impact on the Commissioners when it comes before them'? MR. JOHN PETTY: I do believe so. yes, absolutely. I think the Commissioners of CBlher County if asked to vary from the 60/40 for this parcel would look to this Board for an indication of what Pelican Bay would like to do. So, yes, I do, and that would be appropriate after the review, once we final out if there is a problem, If there isn't a problem then there is no need to. MS. LOIS HIGHERMAN: Because Pelican Bay has spent a great deal of money trying to get this particular developer to adhere to our regulations and our roles and we've had trouble getting him to do that. I hate to see him given an opportunity to circumvent them again. Thank you. CHAIRMAN COLEMAN CONNELL: Thank you. MR JAMES BURKE: John. we're not sure if it's 60/40, right? MR JOHN PETTY: No, we're saying these things out loud so you know what staff has instructed the engineer. MR JAMES BURKE: It may or may not be then. NOMINATIONS AND ELECTION OF BOARD CHAIRMAN CHAIRMAN COLEMAN CONNELL: Thai subject is taken care of We'll go back to the agenda as it was fast cast, which I will entertain nominations for the election of a Board Chairman. MR. JOHN BOLAND: I'd like to nominate, well are you asking for nacres? CHAIRMAN COLEMAN CONNELL: Please. MR JOHN BOLAND: I would like to nominate you, Coleman. I thirds you did an Outstanding job and you should continue. I would like nominate you Chairman for one more year. MR. JAMES BURKE: Ph second. CHAIRMAN COLEMAN CONNELL: Are there any other nominations? MS. MARY ANNE WOMBLE: We like you, Coleman. Mr John Boland nominated Coleman Connell, seconded by Mr. James Burke, and unanimously approved as Board Chairman. 7305 Pelican Bay Services Division Board NOMINATIONS AND ELECTION OF BOARD VICE CHAIR 1611 CHAIRMAN COLEMAN CONNELL: Then we mme on to the nominations and election of a Board, Vice Chairman. May I have a nomination for that office? MS. MARY ANNE WOMBLE: May I ask what vices were talking about? CHAIl2MAN COLEMAN CONNELL_ We're all too old, we wouldn't know. MR JAMES BURKE: Who is the current Vice Chair, John? I would nominate Jelin Domeme for Vice Chairman, MS. MARY ANNE WOMBLE: I second. CHAIRMAN COLEMAN CONNELL: The nominations are closed. MR JOHN PETTY: For the public record. I wasiust making sure that the recording secretary.... Mr. James Burke nominated John Domeme, seconded by Ms Mary Anne Womble, and unanimously approved as Board rwe-Cha"man. CHAHtMAN'S SELECTION OF SUBCOMMITTEE CHAIRS CHAIRMAN COLEMAN CONNELL: The Chair then exercises its opportunity to select subcommittee chairs and we have three. I'll start with the Budget Committee. We really miss Mr. Bremsen since he brought a new set of eyes and great expertise to that and umfbmnWely his chairmanship was short- lived. Therefore, I am going to turn to our most recent Board member elected, that's Mr. Pendergrass. He's not here to defend himself, but he has great experience and so I intend to put bin in that position. John Domenic is without peer when it comes to the Clam Bay Committee. Years of not only good experience , but hours and hours of time and so I would like trim to continue in that position. And, then onto the Gmernment Position- I don't think there is any question that Jim Burke has done an exceilentiob as liaison between this Board and the County Commissioners, as well as the other departments within the County. And therefore, I would like him to continue in that position. MR TED RATA: Mr. Chairman, 1 appreciate the work that Jim has done, but I do think we have to clarify what his Position is going to be on this Coastal Committee. I regret that he feels Ile couldn't vote for this motion we had made because he didn't want to offend that committee oricopart ize his position. 1(10111 think voting the way with the rest of (lie Board should in any way jeopardize his position on that committee . I think its more important that he represents the tiiews of the Board rather than representing the views of that Coastal Committee to us. MR JAMES BURKE: Mr. Chairman, in the first place the issue of going ahead with that permit is not on the agenda 7306 Pelican Bay Services Division Board 1611 A`8 With this committee. okay? It's not being discussed. So I do not have to be over there screaming and yelling to gel, to go ahead will' the permit. It's not on our agenda. Nov, as far as representing Clam Bay, let me just snunntarize my representation, okay. I'm going to be on the Sand Bypass Com auttee. In fact, I'm going to chair it. Believe me, that is a critical issue in this whole pro ject. It is why you don't want to have two permits. I'm going to be on the Funding Committee, as is Coleman, and that is going to be the committee that is going to develop the plans for other agencies to con up with funding in addition to our funding And more unportantiy. I'm going to be on the development and submittal of the new ten -year management plan along with Tim Hall and Mike Bauer from the City. To me, those are three critical issues, okay. And believe me, I'm going to be representing much more than the Services Division on those. I'm going to be representing Pelican Bay. I can tell you as long as I'm there, there isn't going to be any major change in this ten -year plan. There's not going to need to be any change. There may be some additions when it comes to water sampling but there aren't going to be any big changes. I'm sorry if it offended you that I don% vote lock step with the Board, but it just so happens that I happen to have independent opinions and I know you have probably served on other local boards where everybody votes lock step. I'm not going to back down on what I believe in. MR TED RAIA: I absolutely defend your right to vote. I deplore having the nine to zero vote or whatever it is However, the fad remains my concern, you represent this Beard Io a committee and that is my only concern. I'd like some assurance that you do represent the views of this Board when you're on these committees and these views can change. We can discuss tike policy changes, but it's not that you're there individually. And when you say representing all of Pelican Bay, I don't know what you really mean by that. There are other people who may have a diverse opinion in the Service Division Board. Are YOU going to represent them also? I don% think that's your role. if other people have some different opinion of what were doing, they may come here and Id us know what it is and we can incorporate that in our thinking. So I don't think it's a role for anyone of to us take the viewpoint of some other people in Pelican Bay and relay that to the Coronussioners, or to whomever it is in government, reflecting that that is the view of the Board Again, I feel if you're going to represent the Board, that's what I want to see represented MR JAMES BURL: You'll be at the meetings, so you can keep an eye on me. MR JOHN PETTY: Mr. Chairman, a housekeeping issue, the representation is that Mr. Burke is representing tike Board at the Clam Bay Estuary Meeting. I believe thars what's been spoken, that's not correct- Mr. Burke is representing himself and only himself. Mr. Connolly, you are representing yourself and only yourself. You're there by invitation from the County staff. MR JAMES BURKE: Good point 7307 Pelican Bay Services Division Board 161 MR. JOHN PETTY: This body has not been asked to put together a subconunittee to work with them, nor has the Chairman, and those are tine only two avenues that can elicit an oificW representation from Pelican Bay Services Division to any other body discussing any other matters. Either the Chair has to do it or tins body can vote to do it. So these individuals are there on their own. It may be a fine point, but I warded to make sure it we got it across. MR TED RAIA: That was a good point. It wasn't my impression having attended one of the meetings, but if that is it, vou're both there as individuals, fine. You're free to say anything you want. That's your right and prerogative. However, I would again ask you to refrain then from representing, saying anything that represents the Board there. MR JOHN DOMENIE: If that is true. MR. JOHN BOLAND: I have a question. I looked at this. This was created prior to you being voted onto the Board. I never understood it because the original charge in what we are responsible for was Clam Bay, beautification of Pelican Bay, street lighting and sewage. That confuses a lot of the members of Pelican Bay because the Foundation is the government arm of Pelican Bay. It looks, some people say, well, aren't you kind of getting into the area of responsibility? That's a good question. I couldn't answer it. I just thought I'd say, well, these are special committees and this is made up, but if you look at our original books, and correct me if I'm wrong on this there is nothing in there that said we should go be a body that govems. I was wondering do we have the authority and the power to actnatty create such a cormmiee again? Maybe that governs is what confuses people because to me the Foundation has the bvlaws. It tells us how we operate. So I don't know if there is, you know, if the Foundation Chairman is here; if he is, he should talk about, say anything, but to me it's very confusing. CHAIRMAN COLEMAN CONNELL: Well, I think I lmow what Jim Carrel's intention was to begin with and that was to establish a line of communication between the Board and various elements within County Government, especially with the County Comunssioners. When you each operate as a separate entity, there are bound to be conflicts which could have been headed off if there were a better understanding about why, where and when and so it's a noble effort and that's the best I can say for that. I think Commissioner Halas, given the rocky start he had in Pelican Bay is better for being able to speak with representatives of this Board and I meet with him whenever I feel the need to. He's been very receptive just to talk to him about the things I disagree with. the things I agree with, but no commitments are ever made. MR JOHN DOMENIE: Mr. Chairman, I have one question, we talk about subcorututtees, but the minutes indicate they're committees. I mean, it's just a matter of wonling. Are we subcommittees or committeesq MR JOIN PETIT: You are committees. If you recall in 2006 ordinance was changed and the reference to advisory 7308 Pelican Bap Services Division Board comn»ttee was struck and your title is now Board by Ordinance_ 1611 A MR. JAMES BURKE: We interact with much more than tine County. Board of County Cotmnissioners. I just happen to enjoy mingling with different levels of State, City, and County management as it relates to Pelican Bay. CHAIRMAN COLEMAN CONNELL: Did you ever get to talk to Charlie Crist? MR JAMES BURKE: Yes, but it cost me. FOUNDATION STRATEGIC PLANNING COMMITTEE CHAIRMAN COLEMAN CONNELL: Thank you. All right. Foundation Strategic Planning Committee. Ms. Womble, have you met r=ntiy? MS. MARY ANNE WOMBLE: No, we have trot And I checked again before I came over here to see if I had any indication that there would be a meeting or if there were any indication that the surveys that we discussed that were supposed to be sent out by March 17th had been sent I saw no indication of that or a meeting on my roster. So at this point I suppose I dropped the ball by not contacting one of the people on the committee and just checking on this, but to be lronesl with you I honestly have problems getting our mail. We are in a little court, and on the court there is another residence with the last letter or the beginning letter of their surname being W and quite often we get each other's mail and I thought maybe perhaps that survey didn't wind up in my mailbox. And, I just petitioned and this is so all of you know what the Sunshine Law is. My question is to these two gentlemen that I handed to them and they both told me no was did you receive that strategic planning survey and they both said no. So now you know what they were indicating to me with a no because I've asked several of my friends and none of them have offered a yes yet. So I don't know where we're at and t have a mother who just almost died on me and I have surprise guests down from the North and I bet all of you can understurd where I'm at, so 1 apologize, but thars it and maybe Jim knows something more. You're sitting there smiling, Jun. What do you think? Have you heard anything else? MR JIM HOPPENSTEADT: Jim Hoppensleadt, President of the Foundation Just to augment Ms. Womble's comments, the surveys have not gone out yet, as they had been indicated by the consultant that they would We are less than pleased with tine performance of consulting company on that, who was supposed to handle that piece of it. So the big disappointment, one of the big disappointments we have right now is that the surveys have not reached the residents of Pelican Bay when we thought they would have or should have. MS. MARY ANNE WOMBLE: They didn't return my a -mails either, which is rather new. Up until a couple of weeks ago I was getting constant e- mails. 7309 Pelican Bay Services Division Board /� i April 2, 2008 VVV At MR JIM HOPPENSTEADT: Yes. MR. JOHN DOMENIE: Will every resident in Pelican Bay receive the survey? MR. JIM HOPPENSTEADT: Every unit. Surveys were supposed to be sent out. They were supposed to go out, as Ms. Womble said, the week of the 1711L We were told they would go out the 21st. We have a certification from the snail house that they went out the 27th, but no one has received them yet. CHAIRMAN COLEMAN CONNELL: Thank You, Jun. MS. MARY ANNE WOMBLE: Maybe they were produced in Japan. ONE -YEAR AGREEMENT FOR PROFESSIONAL ADMINIS'T'RATIVE SERVICES CHAIRMAN COLEMAN CONNELL: Onto the One -Year Agreement for Professional Administrative Services. Have we received the other bids? MS. BARBARA SMITH: We have received one of two requests. The third one has not come in yet CHAIRMAN COLEMAN CONNELL: Do we prompt or do we put a time limit on it? How does that work? MR JOHN PETTY: Either way, sir. You can either docide that it is not material or you can say that it's out of compliance because it hadn't met the time requirements. it's whatever your process. Really wishing though you try and give them as much latitude as you can, these are people we talk with regularly. They should give an answer. I don't know why there isn't an answer yet, frankly. CHAIRMAN COLEMAN CONNELL: There is follow -up with them. Let's do the Clam Bay Committee Report. CLAM BAY COMMITTEE REPORT MR JOHN DOMENIE: The first thing I would like to mention, it's not on the agenda, is the new DVD produced by tilt Services Division thanks to Tim Hall, John Petty and everybody else who was involved with Blue Sky. It's a 25- minute DVD and it's not ready yet for distribution. I don't know how many here have seen it on the Board. It looks like most of the Board members have seen it and my congratulations to them I belie that we make this available perhaps to people like the Mangrove Action Group, perhaps Men's Coffee, and the Women's League. The Foundation has received, I believe a dopy and I think they're going to put it on channel % sometime in the future when they get tide corrected copy. But from my point of view, it was excellent. I just want to know how much I'm getting paid for my appearance. MS. MARY ANNE WOMBLE: You look wonderfuL by the way. MR JOHN DOMENIE: Thank you for saying that. 7310 Pelican Bav Services Division Board 16 April 2, 2008 a' V MR JOHN BOLAND: John, this is realty eacellenl history of Pelican Bay. Is there anyway. I don't know if the people would be interested for a reasonable price that you could get it out to the community or something like that because it was really very professionally done, very interesting, a lot of history in there, how everything developed. I think a lot of people, especially people that attended this mceting today are very big on ecology. We could make any duplicates or ask and see who would want a copy of it. MR. JOHN PETTY: That's a very good suggestion and our intention from the beginning Was to create a public information piece and we flunk we've acluieved the goal. We hope so and the intention is to provide as many copies as we possibly can for the least amount of money. Hopefully, we can do this for free. Currently to make copies is costing around $2 which we are more than capable of handlings as a cost of providing public information. So currently we're doing that with the copy that you all have. It is a little bit of a draft still, in that the technology is not quite there. This has been set up so that it plays good on a TV set If you pun it in your computer, it's going to get real bumpy. it works better on a TV because it's pun in that low resolution format. To put it through all the little cutter, wash stages, if you will, takes some time and the new company. Blume Sky, who stepped in after we got rid of our first company who was not responsive, was held to the same time frame as the first company and had to start from scratch. So Blue Sky really calve to the table on this, along with all the interviewees who responded to, I think they had about 24 -hour notice to come and be interviewed again and they did very well. They really did, so we're very happy. MR. JOHN DOMENffii In my write -up for the Pelican Bay Advisor do you think I can say something to the effect that if you're interested, to contact the Pelican Bay Services Division for a copy? MR JOHN PETTY: Absolutely. And Barbara can keep that list and we should have copies of the final piece around Monday or Tuesday of next week. MR. JOHN DOMENIE: This won't get into the Pelican Bay Post probably for a month, in any event. MS. MARY ANNE WOMBLE: John, may 1 talk with you privately about selling up something with the club of Pelican Bay and their membership, maybe having someone that can answer questions afterward? MR JOHN PETTY: sure. MS. MARY ANNE WOMBLE: I think they would be interested, but I couldn't say that until I saw what it looked like and it looks pretty good and Kay Potter, you look wonderful. MR- JOHN PETTY: Let me also let the Board knmv this. We have, Barham has checked on the availability of a room here, this room for a viewing. We don't have tune today. You all have done vvay too much. It takes 27 minutes, but we would still 7311 Pelican Bay Services Division Board 16 11 A Aril 7 110"M like the Board to consider the possibility having a small viewing inviting our counterparts from the Foundation to come and view it and of course all of those that have been interviewed in the system and have a little premiere, if you will, of Pelican Bay. It's a way of trying to celebrate your ten -year effort on Clam Bay is wltal it boils down to. MR JAMES BURKE: Would it make sense to have a town hall, unite the community in? MR JOHN PETTY: I wouldn't see why not It just means more popcorn, as far as I'm concerned. UNIDENTIETED SPEAKER: It's a great piece. You guys did a tremendous job. We'll get it on 96 and whatever you guys want to do, we'll do. MR JOHN DOMENIE: I think Jun's idea of a town hall meeting would be excellent and then answer any questions that may arise as a result. MR JOHN PETTY: If you want to do that quickly, then again we have that option since we have a time, place and date certain. You can recess this meeting then you can consider having such a two ball meeting because you have the Clam Bay issue on your agenda today. So basically we would then just say please recess this meeting. We'll continue it to a time, place and date certain, which would be here X date and that would be the dale we would view the DVD, or as another option you, can have a separate meeting that we can broadcast lire new advertisement and new public information meeting if you I will, issue of looking at the video. MS. MARY ANNE WOMBLE: While Coleman has a chance to think about this, I also want to tell you all that Kyle did, all the guys, did a terrific job and Mr. Obley did an incredible job. And Tim, I snuck that in and Ken Humiston. It was really very well done. MR JOHN PETTY: It was Ms. Potter that stole the show. MS. MARY ANNE WOMBLE: She did Alice Kay Potter is infamous at this point. CHAIRMAN COLEMAN CONNELL: It was a wonderfid demonstration of the results of the stewardship of the people at Pelican Bay and the Services Division itself 1 (10111 know, whether miybody noticed the headline on the paper this morning where the State governrrrem is contemplating polling out millions of dollars for the renewal of the Everglades and I'll not be accusatory, but governmental bodies when they go looking for someplace to save money because they're in a budget squeeze, that's the kind of effort that they will cut and that doesn't happen in Pelican Ray. MR J0I4N DOWNIE: Mr. Chairman, is this something we should send to our five Conwnissioners? MR JOHN PETTY: Again, all I have to do is make a little bit more popcorn. That's about all I have to do. 7312 Pelican Bay Services Division Board April 2. 2008 1611 MR. JAWS BURKE: Why not invite them to the town hall? MIL KYLE COLEMAN: Kvle Coleman- You [night consider sending a copy of this disk, since it's evidently high quality, along with your permit application. J always think my senatorial tones are going out- 1 think you should consider it Coleman. MS. BARBARA SMITH: Please identify yourself. MR KYLE COLEMAN: Kvle Coleman. I am suggesting to you that you should consider sending a copy of this disk with your permit application to the appropriate department in Tallahassee. What could say more eloquently than what Ms. Womble has said in support of the application? The other suggestion I want to make to you today is that in view of what we've learned about the strengths and weaknesses of organizations on the gaud here in Pelican Bay during the ongoing elections, 1 would suggest your Board consider having the official who now has the imerorgatnzation portfolio to pm on his regular meeting schedule the counsel of president led by Mr. Gravenhaus. It's the most effective organization. I think we determined it reaches 2000 people in a single dissemination and you donl have to have comptaers They simply have to live in the association. CHAIRMAN COLEMAN CONNELL, Thank you. MR. TED RAJA: 1 think that is a good idea to include a disk when we submit that. CHAIRMAN COLEMAN CONNELL: Maybe we should send it along with the permit application to the Commissioners. MR TED RAJA: I would suggest we hand deliver that rather than put it in the [nail, if that is possible. MR JOHN PETTY: Absolutely- Mr. Chairman, please understand we will submit this to the State and Federal agencies since it is part of our compliance with the State and Federal agencies. MR. JAMES BURKE: I think we can have a gala event, have a town hall, get Jim Mudd and this is land of a celebration of ten years of stewardship. MR JOHN DOMENIE: John, for a town hall meeting that will be probably a notice, right? les not the town hall meeting like we have sometimes here by the Foundation or something. This is going to be a properly noticed town ball meeting? MR JOIJN PETTY: I would suggest otherwise. f would suggest that it be a simple workshop style meeting because You're not going to be asked to make any decisions or going to be asked to change direction. This is nothing more than information gathering. Our report actually, as Mr. Burke said, this is the result of your ten-year project. MR. JOHN DOMENIE: So there is no problem with all of us being present or more than one commissioner? 7313 ' �1 • Pelican Bav Services Division Board 1611 A 8 April 2,206 V MR. JOHN PETTY: We'll go ahead and advertise it because matters that you may discuss could come before you at a later date, as such we're going to call it a workshop, which does allow the public to come and watch, but it doesn't ahlmv the public to come and participate unless you wish them to do so. You can have a board member workshop where only you are allowed to ask questions. Most workshops are open for both sides to ask questions. MR. JOHN DOMENIE: Mr. Chairman, do you want to ask Mr. Petty to find out what time there is space available here? CHAIRMAN COLEMAN CONNELL: Sure. MR JOHN DOMENIE: And then perhaps let's say within three weeks. We don't want to make it too late because too many people leave here. MR. JOHN PETTY: The soonest date available within the nest three weeks. MR JOHN DOWNIE: I have navigation markers, I've already discussed. Osprey nesting, where do we stand or lie or sit, the present one is occupied. TIM HALL (TURRELL, HALLI: If I could, since I'm up here. If I could go back to the film. One other issue that has come up with the production company. Blue Sky has asked for permission to be able to enter this film into a few, I don't know that they're competitions, but film festivals in the, l guess short documentary category, so if the Board is agreeable. MR JOHN PETTY: I think its great that they lave. We 've already discussed that with Blue Sky at the onset, as we did with the previous company. This is a public record. This is a public service announcement. So the only thing that we ask from the directing firm is that they notify us on any use that they lave, but we don't withhold any use as long as it's not illegal. So in this case, this isn't a decision that we would normally come to the Board on. I think Tim is just letting you know that you may we your video on the big screen. MS. MARY ANNE WOMBLE: In that case, I think all our names should be on it loo. CHAIRMAN COLEMAN CONNELL: It does a wonderfiil job without being self- serving W. JOHN PETTY: We had to try real hard for that When Blue Sky first got a hold of it, they found out about the mangroves. He wanted to jump on his white horse and ride to the rescte. Before you know it, we were coming out like angles when Pelican Bay had really discussed ibis for quite some time and it wasn't the painless experience at all, as Ms. Potter has told you. This took a lot of evaluation and it turns out in this case the true story has two voices And we hope that got on the ape. MS. MARY ANNE WOMBLE: All the headlines that you went through, I think that catte across. That was a very subtle, but very well done way to let people know how much went on. 7314 Pelican Bay Services Division Board 1611 �g TIM HALL: Back to the osprey nest. It is pretty much stalled at the County right now. What's happened at the Count Environmental Services desks, the submittal went in for a building application and a permit to get vehicles on the beach to actually install it and the some of the emironmentai staff carne back with questions questioning whether or not this was a legal structure bemuse it is seaward of the coastal construction setback lines. So there are sonic issues between that and the fact that thev said we may need to actually get the Board of County Commission approval for it since the property is owned by them. So it's held up right now until we decide to W to push it or pursue it any further. MR JOHN DOMENIE: I think I'm going to walk ttte beach with a howl and stick it in there. Otherwise, let's forget it. CHAIRMAN COLEMAN CONNELL: This one too is going on the beach. TIM HAIL: It's on tle beach. It's between 1500 and 2000 feet further south of the one that's there now It's between the existing platform and the beach facility. CHAIRMAN COLEMAN CONNELL: Okay. Next. Do we have anything on bubblers? Is that a dead issue? MR JOHN PETTY: It's not new. MR JOHN DOMENIE: I was not present at the Clam Bay Estuary Meeting. I flunk everybody received a copy. MR. JOHN PETTY: I would suggest that we covered most of the topic earlier. ' MR. JOHN DOMENIE: Regarding water quality and dissolved oxygen. I'll told that off until the next meeting. There are too many things. CHAIRMAN COLEMAN CONNELL: Thank you, John. We did not mect in March, so I have rotting to report. Jim, you said you have nothing further on Government Relations. GOVERNMENT RELATIONS MR JAMES BURKE: I'll waive my hour and a half. ADMINISTRATOR'S REPORT CHAIRMAN COLEMAN CONNELL: Administrator's Report, please. MR- JOUN PETTY: Mr. Chairman, one further clarification on having the room and the workshop. Do you want it at one o'clock or would you prefer a later lour? Remember, we had those two slots basically here one is at four o'clock and the next slot would be the dinner slot. Which one would you prefer? CHAIRMAN COLEMAN CONNELL: I guess 1 would say one o'clock. I hope they would come for it. MR. JOIN PETTY: It looks like we would set this up for April Ithh or April I ith, either one. We have the one o'clock, if 7315 Pelican Bay Services Division Board 16 April 2, 20(18 there is any preference. MR JOHN DOMENIE: That doesn't give us enough time for advertising. MR JOHN PETTY: The 10th. would the loth would give us plenty of tine to get it out? And we would ask the Foundation to help out in that regard for Foundation interests and we would ask Mr. Burke to go directly to the Commissioners. That may speed that up. MR. JOHN DOMENIE: April 10th, we have, at ten o'clock in tie morning. Isn't it that we have this room hill room? I think we better check that. MR JOHN PETTY: We have it at one o'clock. It's available at one o'clock. We know that. MR. JOHN DOMENIE: Is it always available? MR. JOHN PETTY: Yes, sir. If you recall, the ten o'clock meeting when we do have them on Tuesday, they're upstairs. MR JOHN DOMENIE: You're sure ten o'clock? I don't recall a Tfinsdav meeting. MR JOHN PETTY: This is a viewing of the ten year permits video. MS. MARY ANNE WOMBLE: 1 thought that may be what he was referring to was the ten o'elock mecting. MR JOHN PETTY: We have called and they have told us that it is available for Thursday April loth at one o'clock p.m. if nobody has an objection, that's when well schedule it. MS. MARY ANNE WOMBLE: I won't be here, but I'm only orre out of all of us. CHAIRMAN COLEMAN CONNELL: At one o'clock well trot have to serve tite ever present wine and cheese. MS. MARY ANNE WOMBLE: Popcorn though. MR J014N DOMENIE: Are we allowed to offer wine and cheese? MR. JOHN PETTY: I have no problem with it, sir. Pm friendly towards alcoholic beverages. MR. JOHN DOMENIE: Is the Services Division permitted to spend money recklessly on wine and cheese? MR JOHN PETTY: As far as I know. Government officials are some of the biggest users of that particular ......... MR JOHN DOMENIE: I'm not saying users. Pin saying spending. MR JOHN PETTY: Memorandum of Understanding, which we've already gorse over under that is consideration for the Jean Smith Proclamation. Jean Smith has been undergoing therapy and treatment for some time now and is expected to do this for another fairly long length. She is of good attitude. She has gone through over 60 percent of the treatment process and she's fighting back. So we 7316 NO* Pelican Bay Services Division Board 161 1 A April 2, 2008 have all the best hopes for her and the proclamation would be how we would address her leaving the Cotuay's employ. As you all know there was the F.M.L. A. process that the County has adopted and she has taken her sick time of 90 days plus 30. According to County policy then they have to get some, they relieve them of die position because they have to get somebody in the patrol car, the fire truck, the county position to do the work. What we had talked to you about at the last meeting was while we understand that part, what we didn't understand is Jean has about 920 some odd hours of sick time that she has accrued in her 24 -plus years. She stayed here and worked. She didn't go home. She didn't take her sick time the way a lot of people do.. to accrue your sick days if you ever get seriously ill, dot's what they're for. She got seriously ill. The County's program and policy unfortunately ran afoul of that promise. We've asked the Board then to consider if we could send a letter to die County Administrator asking for an exception. Now. of course, we are responsible for the pay of all of our staff, whether it be Jean or anybody else. So it is our conunihnent to pay for sick days or arty holidays or any benefit that we supply. In this ptuticular case what we're asking the Board to consider besides the proclamation is would you considering paying 100 percent of her entitled sick days that she has on the books, which amounts to a number less than $35,000. The current policy is that the County would pay or you would pay 35 percent. MS. HEIDI ASHTON- CICKO: A percent of value. MR JAMES BURKE: That's about 25 weeks? MR JOHN PETTY: Yes, sir. In our minds if we do the coverage and the benefit program, as we had anticipated, I think everybody had anticipated that we would commit to the 100 percent. That would also include her status and leer coverage because that is pan of her pay. We pay for her medical. Therefore, she would be entitled to medical payment. Currently she's had to do hvo months COBRA because of this unfortunate policy issue and it's the last thing you %van, to do is put someone like Jean Smith into trying to pay for this out of, COBRA out of her own pocket. So we'd like the Board to consider it. We think that it is something that you can certainly consider and we would write the letter to the County Manager's office, who we have spoken to and Leo has said the Assistant County Administrator has said that he would support this both personally and professionally too percent. He is looking at the issue at the County level as well. He understands wiry, because you've got to have somebody in the chair doing the job, but how do you tell your employees you're not going to......... MR. JAMES BURKE: I would move we do as John recommended. MS. MARY ANNE WOMBLE: I second it CHAIRMAN COLEMAN CONNELL: Where is the second? MR TED RAIA: The County should be responsible. If she didn't take her sick days, how could the Comity then pull 7317 Pelican Bay Services Division Board those sick days from her? 1611 q 8 MR JOHN PETTY: That's ivby t think we ve got I0U percent backing from Assistant Coumf Administrator is because the policy may have been too abrupt in it's attempt to remove the employee from the seat so that it could be filled by somebody else. Rcmember this is civil service work and there is a certain entitlement to a civil service position. So trying to sever that person from the position is very difficult. F.M.L.A. was a legislative act that allowed that to happen and, Janice, please speak up if I'm going off the beam here. She's the pro at it She's been trying to teach me. But the separation intent was followed too tightly and we forgot about the promise that we would pay if they ever got sick. So they've been terminated from the job. There is a policy that thcy would get approximately 15, 30 to 35 percent value for their sick days. They are not accrued on the books at 100 percent value the way vacation days are. They are accrued on the books at that other value of 30 or 35 percent for, well 1 don't want to get into why. I'll get in trouble. We had always considered that part of the budget. Tlus is within your budget as far as we're concerned. This is not a budget amerhdment we're asking for It is a policy request- MR- TED RATA: First of all, 1 have no objection. I'm just trying to understand. If I Could put my sick days in a bank, they should be available to me. That's my only question. 1 don't understand how the Carty could pull those sick days. MR JOHN PETTY: Again, if you're sick, they shouldn't be able to pull the sick days, that's where we ran into the concrete wall. I think the County is reviewing that policy today because this is the first time they've noticed it the issue. In the past it had been that if you ever left the County's employ or if you retired the County's employ and yon had X number of sick days you didn't get too percent of the value. you got 30 percent of the value cash. That's because sick days don't have the same value on the books so to speak that vacation days do. And somehow they got applied even when you're not sick. It was never intended that when you are critically ill the way Jean is that you would be cut after 120 days. It was never considered- Mr Jim Burke moved, seconded by Ms. Mary Anne Womble, and unanimously approved to pay jean Smith 100% of the balance of all sick time awed to her. MR JOHN DOMENIE: If I may, we have a motion of that pmclamaton MR JOHN PETTY What I'd like to do is, yes, is look at a motion in acceptance of the proclamation. We would like to read into the record if you would allow, if we have time. CHAIRMAN COLEMAN CONNELL: Sure. 7318 Pelican Bay Services Division Board 161 1 A 8 April 2, 204 MR. JOHN PETTY: Proclamation Recognizing Jean C. Smith for 24 years of loyal and dedicated service to Pelican Bay- Whereas, Jean C. Smith was initially employed with Pelican Bay hnprovement District, an Independent Special District located in unincorporated Collier County, Florida. During which time Jean served as Operations Analyst and in such rapacity provided important duties and rendered valuable assistance to a nationalty recognized, award winning, first of its kind planned urban development community knower as Pelican Bay. Whereas, in June 1990, the Pelican Bay Improvement District was dissolved with its responsibilities absorbed by Collier County Government Jean continued her service to the community as a member of the Pelican Bay Services Division of Collier County. Wlicmas, Jean Smith was integral to the internal operations within the Division and that she carried out her responsibility, with great zsal and dedication appreciated by all She approached her work with a seriousness and committed effort that has lasted throughout her tenure. Therefore, on behalf of tite Pelican Bay Services Board of Collier County, let it be knower that it is declared and proclaimed our appreciation to Jean Smith and her family with a grateful heart for her many years of service. Also, that this Proclamation be spread across the Official Minutes for all time. Dated today, signed by the Chair and Administrator. MR JAMES BURKE: Well wonted. CHAIRMAN COLEMAN CONNELL: Moving on to a couple of projects. We're looking for a second. MR JAMES BURKE: So moved. Mr. John Domeme maned, seconded by Mr. James Burke, and unanimously approved to accept the Jean Smith Proclamation. MR JOHN PETTY: Thank you, sir. I shmdd let you lmmv what the gifts were. The gift is a picture frame where we're going to put all of om faces in to torment her for the remainder of her days. MR JOHN DOMENIE: Send her a DVD. CAPITAL PROJECTS MR KYLE LUKASZ: Median hnpmvements, we have received the iruprovcments from the County that will take place on April. The Ballard prover lighting, that I mentioned in last months meeting, but there might be some issue on Vanderbilt Beach Road. There was an additional 17 and a half feet of right-of-way provided when the breakaway v--as provided. So all of the lights that go in Vanderbilt will be within that and that has been submitted this week. I hope to have that back within the neat 10 days or so and then I'll be able to provide a schedule on die installation and construction of drat. Myra Janco Daniels is the Ballard lighting 7319 Pelican Bay Services Division Board 1611 A8 there. We 've identified the power source out to the road tight of way in order to instal► that elecUical service- The engineering is drawing up the legal documents for that easement and well proceed forward with that and be able to provide a schedule of the construction upon that and acquiring the easements. CHAIRMAN COLEMAN CONNELL: Who signs off on that easemcnO KYLE LUKASZ: That will have to go through the County's Real Property Department. Pll get a legal description ofthe easement and get with the County's Real Property Department. It will become actually a County easement. It will be submitted to CHAIRMAN COLEMAN CONNELL: Thank you. Sidewalk repairs. KYLE LUKASZ: There is nothing new to report there. They've completed the list of die sidewalk repairs that they had provided them. We're going to go through and evaluate the sidewalks and see if there are any additional areas that are in need of repair. Nothing new to report at this time. CHAIRMAN COLEMAN CONNELL: Hurricane Charley damage. KYLE LUKASZ: We 've received that funding. There has been a request for some additional documentation almost four years later, which I'm trying to gather some of it is from companies that are on their third owners MR JOHN PETTY: We're keeping the money though. MR. JOHN DOMENIE: We've received about 90 percent. MR JOHN PETTY: We've got it all. We're keeping it at. KYLE LUKASZ: Yeah, all of the anticipated funds. COMMITTEE REOUESTS CHAIRMAN COLEMAN CONNELL: Thank you very much. Are (here any committee requests? AUDIENCE COMMENTS CHAIRMAN COLEMAN CONNELL: Hearing none, we move on to audience comments. Has everyone spoken their peace today? Hearing none, I will entertain a motion to adjourn. Mr. James Burke moved to adjourn the meeting, seconded by Mr. John Boland and unanimously armroved CHAIRMAN COLEMAN CONNELL: We did well. Thank you very much, everybody. (Whereupon, meeting 7320 Pelican Bay Services Division Board concluded at 3:35 gin.) There being no further business the meeting was adjourned by order of the Chairman at 3:35 p.m. PELICAN s t -�: - ?f 1611 q$ TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TRACIE THOMPSON, FORMATTED BY MARY MCCAUGHTRY, PELICAN BAY SERVICES DIVISION. 7321 Fiala Halas Coyle " CQIBtta TRANSCRIPT OF THE MEETING OF THE PELICAN BAY SERVICES DIVISION Naples, Florida, April 22, 2008 RECEIVED MAY 2 7 2008 and of County Commission 6 J LET IT BE REMEMBERED, that the Budget Committee of the Pelican Bay Services Division Board, in and for the County of Collier, having conducted business herein, met on this date at I:oo p.m. in REGULAR SESSION at Hammock Oak Center, 8960 Hammock Oak Drive, Naples, Florida, with the following members present: Coleman Connell, Chairman John laizzo Mike Levy John Boland Robert Pendergrass (Excused) Also present: John Petty, Administrator, Pelican Bay Services Division; Janice Lamed, District Offices, LLC; Kyle Lukasz, Field Manager, Pelican Bay Services; and Barbara Smith, Recording Secretary, Pelican Bay Services Division. AGENDA L Roll Call 2. Approval of Minutes of the February 26, 2008 Meeting 3. Audience Participation 4. Accounting Operations Report 5. Discussion of Capital Projects 6. Budget Calendar 7. Reserve Policy 8. Any New Service Considerations 9. Audience Comments 10. Adjourn ROLL CALL MR. COL: Call the meeting to order. Mrs. Smith, do we have a quorum? MS. SMITH: Yes, sir. Let the record reflect that all members are present with the exception of Mr. Pendergrass, APPROVAL OF MINUTES MR CONNEL: Very good. You now have in your possession the minutes of the meeting of February 26th, our last meeting. I assume you've had an opportunity to look through them. Does anyone have any corrections? MR. LEVY: I have several, Mr. Chairman. On page 695, the third paragraph from the top. Is this like getting a head start on what the audited numbers would probably show? MR. CONNEL: Sure. MR LEVY: Audited instead of ordinate. Sometimes I don't speak very clearly so that's the problem. On page 698, the fourth paragraph, it's the first big paragraph on the page. The next to last line on that paragraph, so we're left looking at a number and there's no way from here to get back to here - from here to get back to there. In other words, they're changing — yo Vg.�.61" res: J , • Budget Meeting April 22,2008 1611 (1 lTJ( here's. From here to get back to here. Instead of from here to get back to there. MR. CONNEL: Just add the letter T then. MR LEVY: Yes, please. MR. CONNEL: Anything else? MR LEVY: Yes, I have a few others. On page 704 - one, two, three, four, five, six, seven, the ninth paragraph down. This is coming out with what our indirect course assessment to the County is going to be. Cost replaces the words course, C- O- U -R -S -E is being replaced by cost, C -0.S -T. MR. CONNEL: Very good. MR. LEVY: On page 705, six paragraphs up from the bottom. So the answer is 147 for fiscal year'09 on this. The word `to' is replaced by the word `is'. MR CONNEL: Okay, MR. LEVY: That's essentially it. MR. CONNEL: All right. Thank you very much. Do I have a motion to accept the minutes as corrected? Mr. Levy moved, seconded by Mr. laizzo, and approved unanimously the Minutes of the February 26, 2008 Meetine. AUDIENCE PARTICIATION MR. CONNEL: Thank you very much. Moving on to the agenda. MR. BOLAND: Before you start, if I may, Coleman, I missed last meeting. I just -- this one paragraph I was a little confused on. It is on page 699 where John Petty is talking. It is the fourth one down. I just want to make sure I understand this about different tiers of budgets you were talking to John on page 699. It says, Mr. Petty and Mr. Levy and Mr. Petty again about trying to correlate the budget. The saying here is that Mike Smykowski would work with the staff to try to mold this into a system, and I'm not going to read the whole thing, but to me it looks like the budget we put in could be modified by three different people. Is that what you're saying? MR. PETTY: Yes. MR. BOLAND: Okay. That's all 1 want to understand. MR. PETTY: Its a miracle you even recognized it at all. That's why the chairman when he went to ratify this at the 732 Budget Meeting 1611 w 1!`ll 8 April 22, 2008 meeting, he checked his numbers, double checked and knew he had them right, slept well and came there and they didn't match the county's because they had to be adjusted. �w MR BOLAND: I read it three times. 1 thought maybe I wasn't reading it properly. Very good. ° J ACCOUNTING OPERATIONS REPORT MR. CONNEL: Okay. Very good. We don't have a live audience so no audience participation so we will move on to accounting operations report. MR. PETTY: Mr. Chairman, I stalled as long as I can. I have no idea what that is. MR. LEVY: If you put together...... MR PETTY: For you, we have done a change. We can discuss that. That's not what this is. That comes up later on. MR. LEVY: I thought that was this. MR. PETTY: That's under supervisor stuff. I don't know why that's there. Let's move on might I suggest? DISCUSSION OF CAPITAL PROJECTS MR. CONNEL: All right. Account operations report. Oh wait; it is discussion of capital projects. MR. PETTY: Mr. Chairman, if I may, I'm going to go a little bit a long way around the bush. The finance committee, because of the unfortunate loss of membership, has not been able to meet as often as what we had in prior years. Typically, by this time we have had capital discussions. We have had the arguments, the fights, and we have decided pretty much, by now what if any capital programs we would put in our budget. Because of the loss, we have not been able to have those discussions. We have talked a little bit about some capital projects, in particular the pathways, possibly some pedestrian crossovers, and a security, overall security study. While we still may be able to consider smaller portions of those, let me suggest to you that number one, since the time crunch is upon us for the budget, we really do not have time to go to the public with a large -scale capital program this late in the year. Second, with the times what they are, I don't know that this would be the year to start raising assessments for our capital Program of the magnitude that we were discussing. We had in previous years lowered our budget arbitrarily based on the annexation issue. We wanted to get our reserves back to the people of Pelican Bay should they choose that. Therefore, we arbitrarily gypped our assessment. We are still not back out to that pre - annexation position. Last year was the fast step of a two -step process. As you all recall, we did that one -step but then we backed off that by $40. So to come up to pre - annexation levels would cause an increase in the assessments this year if we maintain the status quo for service levels. So if I may be so bold 733 Budget Meeting /' }8 \ APO 22, 2008 1611 as to suggest that this year's budget focus on those concepts of maintaining what we currently have and deciding on whether or not there is an incremental increase that you wish to either take this year or recommend for next year. Because of the economic conditions, i do not suggest to you that you look at the capital program in this particular budget. MR LEVY: John, we have a capital budget this year of some $480,000? MR. PETTY: That's a carry forward, sir. That's the east of berm material and the lake bank improvement, I believe. MR. CONNEL: What about irrigation? MR PETTY: And the last leftover of irrigation. So you can still do that pay as you go program. MR. LEVY: Pro talking about under water management there's $250,000 capital and under beautification there's $175,000 capital. MR. PETTY: Yes, sir. The water management is the lake bank improvement. And if you recall, that's basically an ongoing program that should last five to eight years. To get all the lakes in Pelican Bay looked at..... MR.IAIZZO: To defer erosion? MR- PETTY: Yes. And that's a pay as you go capital program. All of these are. The irrigation system that was phased out in six or seven steps was pay as you go. The lake bank improvement is basically taking east of berm money that we don't think we are going to allocate on east of berm. The willow removal, were not going to do. So we took some of that money and put it in the lake bank plus we had some in the budget to begin with. So that's a pay -as- you -go program. MR. LEVY: But there's $460,000 in those three projects that we expect to spend this year? MR. PETTY: Well, l think we have spent some of that. MR. CONNEL: Right. MR. LEVY: I mean we're going to spend that this year, the $460,000? It's in the budget to spend this year. MR PETTY: We're not holding back this year, if that's what you mean. MR. LEVY: So it doesn't mean we can put $460,000 in the budget for next year without increasing, without doing any increasing? MR. PETTY: Yes, sir. We do have money for maintaining a capital expenditure level consistent with today. I do not recommend that we up that to a three million dollar process that is the pathways. MR. LEVY: But we still haven't even come up with the projects for $460,000 yet. MR. PETTY: Well, again they are continuations. 734 Budge[ Meeting April 22.2008 161 A w vu MR. LEVY: I mean are we going to spend that this year? MR. PETTY: Next year water management will need the same money thrown at it because we're not going to do all the lakes. That's only going to do a small portion of the lakes. So the lakes will continue for three, four, five years. It's a phase one, two, three, four approach and pay as you go. The irrigation system I believe is done. The hardscape is what we are starting to get involved with as you're seeing the costs on that are escalating. Just trying to do a simple crossing. MR. LUCASZ: Calibrating and median modification. MR. PETTY: Its unbelievably expensive. MR LUCASZ: We were taking the turn lane out that would have been the turn lane to go onto Laurel Oaks right by the median by Bridgeway. We were taking the turning lane out and widening the median. MR. PETTY: But certainly, we will have money in there that we cannot apply towards pay -as- you -go style perhaps. Now what would fit in there is consideration such as the suggestion for the overall report on pedestrian safety. And Mr. Burke, that was on pedestrian safety and it was overall safety program was it not? MR. BURKE: Yes, pedestrians, vehicles, lighting, sidewalks. MR. PETTY: What we can do with the little bit of capital that we have. It was just that the pathways, which everybody thinks is primarily..... we really don't have the ability to fund that. MR. LEVY: I think we've said that probably part of the Foundation is strategic planning study of pathways. MIL PETTY: We think that whatever we do has to match what they're doing. We certainty do not wish to duplicate. However, the pathways are clearly within the responsibility of PBSD because they are in the county's right of way. And certainly we can work with the Foundation and the Foundation can participate to whatever level they'd like, but since it's in the county right of way, were probably the best........ MR. LEVY: That's right. But if they're already collecting a $500 a person special assessment ...... MR. PETTY: Oh, 1'd love to get in on that pot. MR LEVY: Well, you know, I mean, the pathway quite conceivably could be funded out of that. MR. PETTY: I can tell you that this is no problem at all with Pelican Bay Services Division or Collier County doing a public /private partnership with the Foundation. That is not a problem. So if we see a partnership to be done and from their perspective, it's the Foundation right, its funds and we do the work, thats very doable. It's public /private. MR. CONNEL: You're saying they can raise the money and to finance it and pay the bills. 735 Budget Meeting 1 6 ! 1 A April 22, 2008 MR. PETTY: Since it's on Collier County property .......... MR. IAIZZO: Get the vendors. MR PETTY: We'll do the job and then we'll do the OM. MR. LEVY: From the taxpayer situation, it would be probably better if the Foundation deferred that $500 assessment to us and let us make the assessment instead. MR. PETTY: We can't tell them what to do. We can only suggest. MR. CONNEL: It makes sense. It's a tax deduction. MR. IAIZ,ZO: If there's a cost element in doing that we should transfer the cost here. MR. BOLAND: John, when you're saying the pathways, we're talking about just repair the streets and sidewalks, right? Are we just going to repair them or are we going to widen them? Because there's always that argument of who owns what on what side of the sidewalk and on the other side. MR. PETTY: It's more than that. The pathways are no longer situated properly because of the tree growth, because of the driveways and the bushes. The pathways were out there when there were no condominiums so the pathways could meander more around the trees. They should be focused on the particular scene, the window, if you will, of beauty that you want the resident to see as they're going down the path. You should interface this with crossings, so there should be a melding with pedestrian crossings. You should make it more enjoyable. I can tell you when Westinghouse fast put it out it was a preliminary pathway and it was supposed to be a work in progress. In addition, they never did get to the aesthetic value of it. We have the fortunate circumstances to still be associated with Jack Lieber who was part of that design. I can tell you that I have some of his old drawings on that pathway. It was not built to his concept because money was a problem at the time when they did it. We were hoping in the next phase to bring that to the board for consideration because the enjoyment of that pathway is what's keen. We were looking at a couple of different things. One is widening where we could in those areas where we were outside the right of way, acquire the proper right of way for the pathway or move the pathway into the right of way. Whichever is amenable. In most cases where we want to acquire the right of way, it is on the green spaces between the pathway and a lake system, which makes sense that we should have since the County has an easement over here for the lakes and a right-of-way over here for the roads, which is this little bit of ground in between. But the homeowner association will give that property to the county, excuse me, incorporate it in the right of way and get it off their tax bill. Because right now it is lying on their tax bill. They're not paying much on it. Therefore, we think we can work this out with the Foundation without too much trouble. Changing assessments and 736 Budget Meeting 1 6 ' 1 A (� April 22, 2008 getting these properties described is something the County does every day, and they're very competent at doing it. So, we were looking at widening where we could and trying to make it more friendly to the landscaping. The trees in particular, we don't want to take out trees if we don't have to. It's been 45 years to grow these things. You don't want to take them out. The other is making it work with the pedestrian pathways, which I think is something Mr. Burke brought up as a safety issue that is if you're going to mettle with the crossing of the roads, make sure to do it properly and give them space to stop and wait for traffic so'you don't push them off of their bikes into the road too quickly. Try to give them a little bit of holding area. If you got viewing windows, staff was going to present us with their designs concepts of where you could stop, maybe have a bench and view the lake or what have you. Those type of improvements. They don't add much to the cost, but they certainly add a lot to the enjoyment. MR. BOLAND: So the only advantage, let's say we're walking north on Pelican Bay, on the right -hand side would be the association's up to the sidewalk, they would own that property. You're saying that's very little property tax on that. Is that what you're saying? So if the County took that, they would alleviate each association of that particular tax? MR PETTY: We're not looking at increasing it where the condos are too much. We're looking at doing this where our pathways go into the water management green spaces that separate the pathways from the pond. There are a couple instances that I'm sure Kyle can name where there are such corrections as you talk about, but the majority of them are going to be on those green spaces that were given to the association that we need to define to include the pathways that were there. MR. BOLAND: The fast proposal was they were going to take that space and people didn't know who owned what. You know, I'm going back a year or two ago. It was somewhat confusing who owned what. Therefore, we're saying if we did overlap a little bit, it would just be some return of their association. MR. PETTY: That was the issue that was brought up I think by the president of the condos. MR. BOLAND: The Foundation has to approve that you're saying? MR. PETTY: Each homeowner's association would. They're the ones that own the property I believe. I don't know if the Foundation does. MR. LUCASZ: That is the Foundation. MR. PETTY: Okay. That is the Foundation. So we talked to both groups. Mr. Chairman, I'm sorry. MR. CONNEL: No, that's fine. MR. PETTY: We think we can clear that up. We think it's all workable. If you recall people were saying it was the 737 Budget Meeting 16 ! 1 A April 22, 2008 maintenance criteria that they were arguing as well. If you recall we've adopted years ago a maintenance criteria that says look, I'm going to maintain up to the pathway. 1 being Pelican Bay Services Division, Homeowners, you maintain to the backside. Otherwise, if I maintain to the right -of -way line, I'm going to leave these little pieces of grass unmowed and it's going to look silly. There's going to be a little clump if the pathway goes like this. So, Kyle worked this out years ago and it works very well. The issue of the associations having property that they like to get off for the tax rolls, I think we can oblige them in this issue. Maybe that's something we can work into the program before we start actually doing construction. We could possibly fit that into the next year's budget capital program to do that preliminary work. However, I don't know that this is the year to go ahead with the two and a half million to approximately five million dollar project. MR CONNEL: No matter who pays for it, its not the year to put on a big fat assessment. MR IAIZZO: I thought that we would go to the residents of the community before we do any major....... MR. CONNEL Definitely. MR. PETTY: Absolutely. This is just for you guys with the outline of the budget. Tbat's really all I had to bring to your attention for capital projects. You have the calendar before you that we prepared earlier which states that we hope to have capital projects decided by now. Can you all agree to the capital projects staying at the current level? MR CONNEL: Well, do we have any new........ MR. LEVY: What calendar are you referring to? MR PETTY: I'm sorry. MR. LEVY: What calendar are you referring to? MR. PETTY: The budget calendar. MR LEVY: This? MR PETTY: I haven't seen the new one. Not the one from Collier County, but the one that Barbara and Mary did. MR. LEVY: We haven't seen that. MR. IAIZZO: Is it possible we can use the '08 version? MR. LEVY: Wait a minute. I don't think we have this calendar. MR PETTY: The calendar you have is the blue and white one that I sent you at the last budget meeting. MR. BOLAND: This one? MR PETTY: That one. Mary and Barbara just haven't done it yet. What we did was put in your package for this 738 Budget Meeting 1611 A p April 22, 2008 meeting the calendar what we got from the County. If you would, this is going to be changed but if you could refer to the one I gave you that was in color that had a little too much information. We're going to put it in line items next time. If you look on that one, it basically says that the capital program was supposed to be decided by this meeting. But, we really haven't had time to discuss it or bring it to the public's attention and, as the chair says, the funding is probably not available to us at this time. MR IAIZZO: What's the chance of modeling the'09 after the '08 budget? MR. PETTY: Well, that's up to you. That's what we're recommending as staff that we stay at the existing levels. MR LEVY: John, a question for the chair on the capital. You talk about the crosswalks, pedestrian crosswalks, which I think are very valid and probably that should be looked at, but when we're talking about county roads here, wouldn't the county maybe do that for us? MR. PETTY: They will do standard white bar, pedestrian crosswalks. I think what had been suggested by Mr. Burke, and since he's here, please correct me, but he was talking about a little bit bigger program. He and I discussed the areas where pedestrian crossways may actually be walkovers. Some form of more protected space. Pelican Bay seems to be a very mobile community. You have bicyclists, joggers, skaters, and walkers so that crossing the road seems kind of simple but in Pelican Bay where we don't have street lights, there's nothing more than four -way stops, pedestrian crosswalks are an issue as the found out on Daniels Road. And, we were doing improvements there. MR LEVY: But there aren't enough crosswalks. Are you talking about adding more crosswalks? MR PETTY: I think that's why Mr. Burke wanted to do the study. MR. BURKE: The critical crosswalks and 1 observed this Easter and Palm Sunday weekend are the ones where they cross to the beach access. And, to watch grandparents, their kids, and their grandkids crossing with all their beach paraphernalia at the authorized crosswalks, even though there are signs telling cars stop for pedestrians, they don't. Therefore, those people that got four or five little kids they are trying to hold onto, they are halfway out into the road, the kids want to get down there, and thank God, nothing has ever happened. As far as I know, we've never had any accidents but this has to be addressed and we can't put speed bumps out there. We can't put ... oh, whatever they call those, enhancers. You can't put them on that road. We certainly don't want stoplights. I don't think we do. MR. PETTY: I don't believe we do either. MR. BURKE: We need to explore some alternative there. What are we talking? How many, four crossings? MR. LUCASZ: There's the Commons and Sandpiper, and then there's also the easement between Saint Raphael. 739 Budget Meeting 1 6 11 A^ April 22, 2008 Il "XJ MR PETTY: Keep in mind, that's what we can identify now commonly, but a study would tell us where the points should be for now and where they may be later. MR BURKE: And, how to address it. MR. LEVY: You're talking elevated? MR. BURKE: It's a possibility. I brought that up because ... MR. CONNEL: You can't get trucks under them. MR. BURKE: Good. MR. IAIZ7O: That's not going to fly. MR. CONNEL: We can't forget, we have a bunch of old decrepit people living here. They're going to climb all these stairs? MR LUZZO: That's right. MR. LEVY: You'd need a motorized belt going up there. MR. CONNEL: I don't mean to make light of it, but ...... MR. BURKE: Don't get carried away. He didn't say to do it. MR- PETTY: What Pd like to do is give staff a chance to build the model so you can look at it and see the cost. Because of course, we aren't the only community that has this concern. I can tell you on the East Coast where we look at pedestrians as targets we have these little markers we can put on our windows. They have quite a few crossings that work and, whether they go under the road or over the road, they addressed the issue of whether you're going up steps or ramps or elevators for that matter. However, there's all different ways to do this and it could be possible that we can get funding to do this from the County who has specific funds for just this purpose that they sometimes have difficulty spending the funds. They don't have any trouble spending the money to fix the roads, but a portion of the gas tax and a portion of their sales tax has to be spent on specific issues, and one of them is pedestrian improvements in rights of way. So it could be that we may have a shot at some of that money. MR. LEVY: So you're talking about crosswalks that are over and above what the County will provide? MR. PETTY: Yes, sir. MR. LEVY: I mean, right now at the north station we have a crosswalk there. You're suggesting essentially a different kind at the same place but a different kind of crosswalk? 740 Budget Meeting 1 MR PETTY: What we're suggesting is that we do a study to look at that issue because right now when we look at crosswalks being requested by our residents, they're asking for the most upscale crosswalk they can get. They want the one sitting by the Philharmonic where you have the solar panels and you have the blinking lights and you have the warning lights as well. They want to know when they cross that road that there is some indication that there's a pedestrian there to the driver. MR. LEVY: Who paid for that crosswalk? MR. PETTY: For the Philharmonic? 1 don't know. MR. LUCASZ: They paid for their existing one with the blinking lights. MR. IAIZZO: Thafs what I thought. MR. PETTY: Again if we're going to look at anything to be elevated, we would ask that that would be designed and looked at to make sure it would be fit in with Pelican Bay's original scheme and maybe it doesn't work. MR. CONNEL: Does anybody have any idea how effective those elevated crosswalks are? MR PETTY: Extremely effective. I haven't been able to get one pedestrian that's gone up there ........ MR. CONNEL: It does slow the traffic down? MR. PETTY: Oh no, sir. Its not to slow down traffic at all. Its to let traffic continue. MR. IAIZZO: Why would it slow the traffic down? MR. CONNEL: Because it's a bit of a bump. MR PETTY: You're talking about by Daniels Road. The blinking lights? MR. CONNEL: No, I'm talking about these slightly elevated crosswalks are brick. And I don't mean the speed bump. MR. PETTY: They call them speed humps. MR. CONNEL: Well whatever they are, are they effective? MR. PETTY: They're effective at slowing down traffic unless you don't see well at night, you hit them at the standard speed limit, and you end up fixing your car the next day, which we would be liable for. They built the speed humps from an engineering standpoint so they could defend the position in court. Speed bumps and the damage they cause are not defensible in court and you will pay every time someone brings suit. Speed humps by design are defensible in court because you have to be exceeding the speed limit to cause damage. MR BURKE: John, I think what Coleman is referring to is what the City of Naples is doing. brick pavers. MR PETTY: The speed humps, its the same thing. It's an elevated crosswalk. 741 Budget Meeting 1611 A V April 22, 2008 MR. BURKE: Not that much. MR. LMZZO: Just right. MR CONNEL: Actually, they're more quaint than anything else. MR. IAIZZO: Well, ifs also visible because it rises slightly above the pavement and it's a different color. MR. PETTY: I think that's what we're asking for. That's why we want to do the study. There are so many different options out there. They're elevated crossovers, which is an extreme. There are the bricks of City of Naples. There are these blinking lights. MR. BOLAND: Is Crayton Road a county road? MR PETTY: Crayton Road? All the roads are county roads in Pelican Bay. MR. BOLAND: I came up Crayton last night from downtown, you have lights, and they're blinking. Half the people don't see the stop sign. The stop signs I agree with Jim. I was going over it and the person gave me the finger. Blinking light I think is what gets someone's attention, because stop signs don't seem to work. MR PETTY: Let's get professionals out there. MR. BURKE: Would we be able to put those solar light - blinking lights on Pelican Bay Boulevard? I mean, let's just say our consultant said that's what you need. Couldn't we install them? MR. PETTY: I have to tell you, Collier County has been working with us on their rights of way to the enth degree. If it's even possible, I'm sure they're going to work with us. MR. BURKE: I talked to Norm Feder this morning about painting over the bike lane thing. I said, would we have been allowed to do that? He said, we would have done everything we could to discourage you from doing it, but we have resolved that if you really wanted to do it, we would go along with you. I didn't ask him about the blinking lights. MR PETTY: I would suspect that for pedestrian safety, if it were a standard practice anywhere in the County that they would allow it so if the City of Naples has it somewhere or if they allowed it for the Philharmonic, they would allow it for other places as well. That's what I suspect. Anyway, we're getting into a project and we need to stay on the budget. If you all agree to that concept of maintaining capital levels at the current mark, that's all we were really hoping. MR. CONNEL: Can we all agree on that? MR BOLAND: I agree. MR CONNEL: Does that mean some necessary projects, small ones, are going to go begging because it doesn't fit in 742 *,J Budget Meeting with what we have set aside? 1611 A MR PETTY: No, sir. MR. LEVY: We have that east of bens money sitting there too. MR. PETTY: Which you have not dedicated to a project. MR LEVY: So that's available on top of the $480 some odd thousand we're spending this year. MR. PETTY: Pm sure we'll find a use for it. But, yes, sir. We're in good shape. Don't forget, you can always do a budget amendment at any time during the year. We do have respectable capital reserves and most of it being in the east of berm as you just said. MR LEVY: As you pointed out, we could possibly..... MR. PETTY: We can steal from Kyle and Kyle said he doesn't mind that one bit. He'll take an older car. MR fAIZZO: He'll look the other way. MIL PETTY: I'm teasing. Kyle has done a really good job. He's looked at his vehicle program, recalculated it and scaled it back. So, 1 do believe there is some money there. MR. CONNEL: I want to go on the record as saying I do not think its a good idea for the Foundation'to actually raise the money to do any project of ours. If there's one complaint I've heard, over and over, is why are you letting them do whatever it is. I can't deduct that from my taxes. Some will make the argument that it's not an ad valorem tax on the county taxes, it's an assessment. But it's on the taxes and I don't know many people who don't use them. MR. LEVY: Coleman, the only reason I brought that up is because when they put forward their..... MR IAIZZO: Plan. MR. LEVY: It's not exactly a plan, but their list of possible things to do and one of the biggest items on it was the walkways. MR. CONNEL: I think they regretted doing it, to be honest. MR. LEVY: What I'm saying is that's one of the things they were raising this $500 per person a year for, you know, that could be shifted over to us, the same $500. MR. IAIZZO: If we pick up that job, we'll pick up that cost as well. MR. CONNEL: Not to mention, bickering that would go back and forth. MR. PETTY: I think the concept here is let's not hit the pockets of Pelican Bay twice and keep it straight. However, we 743 Budget Meeting 161 1 A 8 April 22.20118 work it, you know, whether they hold off a year on special assessments or whether we increase assessments is something we'll decide every year. MR CONNEL: Okay. We agree then we're going to stay within the assessment of last year, correct? MR. PETTY: Yes, sir. MR CONNEL: Okay. Incidentally, I don't believe that $500 assessment is going to go up for those five years. MR. LEVY: No, but they approved it for three years. MR. CONNEL: I think they're going to change that. MR. LEVY: We might revisit that. MR CONNEL: That's my feeling. MR. BOLAND: Depends when the real estate market comes back. MR LEVY: I don't see it has anything to do with real estate. I mean, we're a built -out community. You're going to have a certain number of sales every year. Might go up and down but it's not going to be dramatically different. We're in a different state of operation now. If $3,500 isn't enough, they should charge more. MR BOLAND: They may have to bump it up. MR CONNEL: Okay. So we're finished on discussion of capital projects. Agreed? BUDGET CALENDAR MR PETTY: Sir, we included in your package as we promised, the County submitted their calendar to staff and you get a copy of their schedule. MR. CONNEL: This one? MR. PETTY: Yes, sir and if you notice on there, Pelican Bay is the last one, June 2nd. Now that's for wrap -up. That's when we have to have our final budget in. When I say we have to, there are caveats. We can go past that date, but we'll be getting some serious concerns from the County Administrative Office. They'd like to have our final budget. MR LEVY: John, last year when did we have to have our budget in? MR PETTY: About the same time. MR LEVY: I thought we were working on it all through the summer last year. MR CONNEL I think John's right. It went into.... not any longer than budget manager. Dean used to make a point of saying that he was going to get cross wise by Mice Smykowski. How do you like that, I still remember his name. Any rate, yes, 744 Budget Meeting we conform to that June date. 16 11 A MR. LEVY: That's, you know, that's like — this is almost May. We're not looking at anything here yet. We don't have anything at all. MR. CONNEL: Now where do we stand .... that was going to he my next question. Where do we stand with input from the County on labor rates, material rates and so forth? MR. PETTY: Kyle does that internally with Barbara and Kyle and Barbara have already started that process. Basically what we intend on giving, if everything goes well today, is that there will be a basic summary draft budget for you to look at with staffs projections on what expenditures will be at the current service levels. We don't have a whole lot of philosophy on what the project should be and so, therefore, we're just going to leave those capital funds as we discussed today and you can allocate as you see fit later on. Kyle's work is what it's going to cost to do the landscaping over the next year and deduct those costs and the payroll increases of the staff. Barbara has to do the same with the offices because she runs that. If there are any new contacts, they both will incorporate those in their expense projections. If we slick to the same format of the budget that we have, which is Excel process, it isn't the easiest thing to work with, but staff is very familiar with it. When I say staff, of course that's Kyle and Barbara. I'm familiar with it since I did this for Jim Ward about 20 years ago and I remember parts of it. So we can work with this format quickly and efficiently. And as 1 said, Kyle and Barbara have done this more than once before. This shouldn't be difficult to get you our projections for next year at this level. MR. LEVY: Does this come right down to what the assessment would be? MR PETTY: Yes, sir. That's the key number that we need to bring back to you. If we get through today's considerations, at your next meeting that's what you'll get. You'll get a draft budget. MR. LEVY: I mean, we've come across, as far as I can tell, we've come across found money in the sense that we have a cant' forward considerably higher what we projected it to be. MR. PETTY: Kyle knew where the money was all the time, but Kyle wasn't evaluating its efficiency every month either. Kyle knew the money was there. It wasn't until we did the re- analysis that Kyle was able to see some savings that he could bring over from it, and we discussed that. That's part of the reason why I Lice to put it in the budget. I want to put it in the budget so I get a reaffirmation from the board that this is the policy that you wish to continue, that you see the numbers and see if their adequate or too big. That's number one. Number two is I want it to be as compatible with the County budget as possible. As I described the last time, we go 745 Budget Meeting 1 6 1 1 A g April 22, 2008 through a three- member process. There is our budget, there is the County budget office, and then there is the Supervisor, the Clerk of Courts office who handles the County budget by statute. So it has to go through those three different steps. If we disclose, we wont have any issues that we had last year where we had such trouble trying to make the numbers conform. The reason being that Collier County shows all carry forward and all reserves in its budget, so their budget was almost a million dollars different than ours because we had the vehicle off book and we had another program off book. Do you remember what that was? MR. LEVY: They put those in, yes. MR PETTY: Because the policy of the County is that if it is already appropriated for a project, it gets projected (carry forwarded), which means you're not re- appropriating you're not bringing in new revenue. The money is already there so they don't show it in the budget process. Dean hadn't included it, but when the County sums that all up, its shown. That's another reason why our numbers couldn't match up. They weren't going to. So, we want to show that this year in the budget. And I don't think that's going to be too big a change for us to do in the existing format is to add those couple of categories of carry forward. MR. LEVY: So when we come up with something now, when the budget goes to the county format, the numbers should be close? MR. PETTY: That's what we're striving to do. MR LEVY: That would be a breakthrough. That would be great. One set of numbers. MR. PETTY: We're going to try. As Janice is mentioning to me now, their capital is not really booked in their budget. They have a separate capital budget. We'll see if we can't sneak it in under minor capital or do some other modifications. We're trying to make it so that it is three million dollars here and three million dollars here. Same same. Now how they account for it in various fund numbers though, we're never going to match on that program. MR. CONNEL: Anything more on this subject? MR LEVY: There's another page, this same document. You turn the page over. On the bottom of the page it says April 18th, Friday, department submittals due, Pelican Bay. MR. PETTY: Yes. Kyle made me aware of that when I was over here last week. I said, shouldn't we send them something? Kyle said, no, we don't have anything to send. What I also told staff to do, which is Barbara, if we get a request from the County, give them last year's budget because that's all we've got right now and hopefully at this meeting we would reach that consensus later. We want to keep the budget about at this level anyway and that's really what they want to do. They want to see what we are planning and if we're in general conformance with what we did last year for planning purposes, the County's budget 746 Budget Meeting 1 6 1 A April 22, 2008 1 tS lJ office should be fine. We're not the typical County division in that what we do affects other departments. Because we are an MSTBU, what we do and monies we spend, are spent within our bubble. And therefore typically don't affect other departments. no idea. MR. CONNEL: Do we have any idea of what the labor rate increase is going to be? I mean, is it cost of living? I have MR. IAIZZO: It is what it is. MR. LUCASZ: Four percent. MR. PETTY: Whenever you do that analysis it always seems like we're in a tight year. MR LEVY: Are we going to look to try to hold the tax rate the same as this year, the assessment? MR PETTY: We are taking that direction from this body. MR. IAIZZO: We're trying to model the'09 after'08 so that should pretty much keep the........ MR PETTY: Staff is looking at it this way. We have cost increases, cost of living and because of staff, the normal increases, which Kyle said he's currently calculating at that four percent, which I think is modest. So the assessments are going to move, but not in a material sense yet. MR. LEVY: But then we have all those other things too, if you choose to do it. MR. PETTY: If you choose to do it. Remember when you're going through your savings account, it's not coming back. So yes, we do have those options like we did last year. MR. LEVY: Like last year. I'm not recommending yes or no, I'm just saying its something there. MR. PETTY: That's exactly what we need to talk about in these budget subcommittees and what we want to start focusing on are those issues. MR CONNEL: On the capital side, I'd like to be reassured that we're not letting some equipment get so old that it will cause some sort of a problem. In other words, yes, we want to be very careful the way we construct the budget and capital as well, but how many times do you say, I can get one more year out of this, one more year out of this? MR PETTY: We're trying not to. MR. CONNEL: Be reassured that we won't jeopardize that and suddenly have this whole group of equipment that has to be replaced. MR. PETTY: Absolutely. And its heartening to hear you say that, but capitalizing your infrastructure and that happens all too often. 747 Budget Meeting 1 Kyle's reevaluations as you recall, took some projects off that program which really shouldn't have been there. Oakmont Lake Bank and Pathway is a one -time shot, but it was in there. There was also... what was it the Commons? MR- LUCASZ: Tram Road. MR. PETTY: Tram Road, and that was in there. Those are one -time pay -as- you -go capital programs. We shouldn t be funding those every year. And on vehicle and equipment, I think he's using a five -year program? funded. MR. LUCASZ: Average of five years instead of using 20 percent of the total value. MR. PETTY: Do you feel that's capitalizing anything or you think that's adequate? MR. LUCASZ: No. Its just that one particular year if there's a little bit more it exceeds 20 percent, it may need to be MR. PETTY: Not all years are equal because of the timing of the first purchase, and 1 think what Kyle is trying to bring up is if the program says we should have half a million dollars to buy equipment in a five -year program, that you might want a fudge factor of some percentage in case it's a big year, and maybe take 25 percent, no greater than 25 percent greater than that year's breakdown. That way you're covered for a peak year purchase type? MR LEVY: Now the $500,000 is the total value of our equipment or is that one -fifth of the value of our equipment? MR LUCASZ: That was up towards the total. Its actually reduced now after taking some of those items out that John just mentioned like the Oakmont Lake Bank and Tram Road. I think its somewhere around $400,000. MR LEVY: We've got enough money in there to replace everything. MR. PETTY: If you're on a five -year program, you should have one of the five years fimded with a fudge factor of let's say 25 percent. MR. LUCASZ: Total? MR PETTY: For that one year and then roll that over every year. You're funding in this case its about $100,000 a year for round numbers. You would fund for capital that is a little bit less than what you're doing now. I think right now you're doing $190,000 - $180,000 a year. MR. LUCASZ: Right, but ...... MR PETTY: So by doing this, what you're going to get is about $200,000 or $250,000 put into an unrestricted reserve and in your annual budget you're going to get approximately a savings of $90,000 off your annual costs because of this issue, which is meaningful dollars. 748 Budget Meeting MR. LEVY: Oh, I'd say. MR. PETTY: So t think right there you're doing some very good budget work in that manner alone. The fact you're trying to keep to the '08 budget as a limiting factor I think is enough. MR. CONNEL: Okay. We are finished with the calendar reserve policy. We're finished with that. MR. PETTY: Sir, this goes to the issue we just were done discussing a little bit ago, vehicles. When we were looking at annexation, it was, and correct me if I am wrong here, the operating capital is what was put in as a reserve. Capital reserves we kept. MR. LUCASZ: Capital reserves for equipment. No, no we spent that down as well. MR PETTY: Okay. But we did. MR. LUCASZ: Through the annexation. We built that back up. MR. PETTY: We did keep reserves in one category or two categories, streetlights and Clam Bay. We didn't spend those down. We talked about our current reserve policy, which is for cash flow purposes it is three- and -a -half months, which is ultraconservative. From our position and you'll note this is the board, I think it was John..... I don't know, it was brought up I forget which board member. You get most of your taxes by December. I said, no, I don't get most of my taxes by December. Well, sure enough, we got most of our taxes by December. By the end of December, 1 think we had something like 50 percent of our taxes. Certainly enough that we wouldn't need funding for the month of January. So three- and -a -half months are probably too long. MR LEVY: Have we looked at more than one year on that, John? MR. PETTY: No, sir. Just the one. MR CONNEL: John, to answer that question, the tax collector in the past, he comes to...., he's meeting and that's exactly what he says, that's how much has been collected by the middle of December, 50 percent. MR_ PETTY: So if you want to be conservative, what 1 may suggest is go to three months this year. If we still see the same amount of money come in, just start inching it back until you get a little nervous and that's when you should stop. MIL CONNEL: This is all up to our judgment; is that right? MR. PETTY: Absolutely. MR. CONNEL: Is anybody at the County level paying any attention to whether we were to overdraw our resources or not? I've often wondered about it. 749 F �J Budget Meeting 16 ! 1 A 8 .� April 22, 2008 MR PETTY: Yes. MR. CONNEL: Is that right? MR PETTY: Mike used to pay attention to it quite a bit. We have a new gentleman in there now and I suspect that he will give it just as much attention as Mike did. Probably from a tax - oriented way. But they take the responsibilities to heart and the gentleman has already called us and talked to us so he's aware of it. Keep in mind as the division of the County, we kind of look to the County as being our bank. Most departments do. Public Works runs out of a little bit of cash, they expect, or did expect Mike to come up with it. If they had an issue, they bring it to the administrator, sit down with Finance and Budget, and try to find a way. We try not to cause them such problems. We try to think of ourselves as the reason of being is to stop the county from having such problems. So, I think staff is comfortable with three months. Going below three months, we'd like to have a little time to look at it. MR CONNEL: So we need a motion to change that. MR. PETTY: To bring it to the full board as recommendation yes, sir. MR. CONNEL: We'll entertain such a motion if someone would care to make. MR. LEVY: IT make the motion for the cash flow reserve to be reduced from three- and -a -half months "to three months for the fiscal '09 budget. Mr. Levy moved, seconded by Mr. Boland, and approved unanimously to reduce the cash Bow reserve from 3 %z months to 3 months for the fiscal 2009 budget MR CONNEL: Thank you very much. So, that will be on our agenda for the month of May. RESERVES MR PETTY: The next item reserves are the unrestricted carry forward that we have been using as the funding source. If you look at your monthly financials, it's the second item down. If you look there is..... I'm sorry. I'm referencing the wrong document I should be telling you to go to your budget, page one. MR. LEVY: You're talking about the brown book? MR PETTY: Yes, yes. If you look at the top the fast item under revenue, it says carry forward. Go all the way to the right where it says total of all funds. You'll see the number $623,475. Now that was a funding source for us last year. What that meant is out of our cash reserve we used $623,000 to keep our assessments down. 750 Budget Meeting 161 1 A 8 April 22.2008 MR. IAIZZO: Which was the carry forward? MR. PETTY: It was. We had the money to use; we didn't have any projects for it. We thought we could spend the money, why keep it there if you didn't have a project. But we don't have that kind of money to spend every year for the next five years. What we're asking for is direction. To keep assessments at the current level, we will have to use reserves as a revenue source again unless you direct us what that limit is. I want to bring it up for your attention. I don't expect an answer today. But if we put it on the budget in our first draft, remember were pulling that out of savings more or less. And we will do it to try to keep the assessments at a level or close to level range so you can see impact and we'll discuss it then if that's all right with this body? MR, LEVY: I don't have a problem with that. MR. PETTY: The next reserve issue then is project carry forwards and currently by policy of the County if we name it like an east of berm. MR- LEVY: Which piece of paper are we talking about? MR. PETTY: rm sorry. Monthly financials, item number 3. That was one of those not reported in the budget. MR. LEVY: Never in the budget. Right. MR. PETTY: Now we've already talked about how we'll take some funds from Kyle's vehicle and bring that over and that will come to an unrestricted cant' forward. That cash availability for substituting assessments. By follow -up of the County, that's where its marked. We'd like to have a discussion with this body on how we handle that on a year-to-year basis, so the staff knows how to keep the board aware of it. East of berm is a prime example. That project we're not going to do. We know we're not going to do it but we kept the money there until we did decide what to do with it and by County accounting standards, it stays locked there. MR. CONNEL: But the board has the authority to move it if they choose to? MR- PETTY: By simple vote, we can reallocate. If we jump funds, that's a budget amendment and we need to take it before the commissioners. If its within the same..... THE WITNESS: Say that again. MR. PETTY: If you jump funds, if you went from the Clam Bay fund for example and used a carry forward from there in your general fund, you'd have to go before the commission because it requires budget amendment. You'd have to vote on it. MR- IAIZZO: That's just paperwork. MR. PETTY: It's a process. But we're looking for a little bit of open discussion of how we bring that back to you on 751 Budget , 2008 And] 1 1 ri 1228 what you expect us to do to clean that up to make that current because otherwise you start thinking east of berm as available resources and you spend it two, three, four times. So we're looking for a little bit of direction there. On the monthly financials, if you look at the very last item, that's where we are projecting carry forward unrestricted. Additions to your savings account, if you will. MR IAIZ.ZO: John, go back over that carry forward unrestricted versus restricted. is this initially what you're looking at here? MR PETTY: Yes, sir. It's a practical use. Not a legal one per se, but a very practical one from a budget and particular financial. Janice can really articulate that for you. MR. IAIZZO: I'm a little confused. When you say unrestricted, we're saying we can move it from one category of expenditures into another category of expenditures that doesn't require any...... MR. PETTY: Since it's categorized as a reserve, we would typically go to the board if we were going to use those monies. It isn't something staff can take out. MR. CONNEL: That's fixed in stone, is that not? MR. PETTY: That's a policy that we have. MR. CONNEL: I see. MR. PETTY: That's standard policy. Once you mark it reserve, whether its restricted or unrestricted, for staff to pull out of there under our mandate, which is we can move money around in the fund, we can take from pencils and buy paper without coming to the board, but in this particular case, if you're going to go out from unrestricted reserves and try to put that money into landscaping, for example, by policy of this board from past board meetings, we have to come to the board meeting and ask permission to do so. But if I was taking again from pencils to paper, I wouldn't come to the board I would just do that as administrator. The typical policy is the administrator can move within a fund as long as he doesn't exceed the fund total. If you try to touch a reserve, you need board approval as well. MR LEVY: Another item that eventually is going to come to surface is the street light operations, which I see is roughly $257,000. MR PETTY: This year we will have ad valorem assessment back for the fast time. MR. LEVY: So right away you've got a tax increase there, so to speak. That item had been paid for out of what we didn't need for the securities. 752 Budget Meeting 16 ! 1 A 8 Anril 22, 2008 MR. PETTY: Yes, sir. Since it is a low amount, it only reflects about a third of the street light total. It was staffs intentions to show it to you in the draft as a typical forum, an ad valorem assessment because it would be minimal dollars. It is not seen added onto the total of the three hundred and whatever dollars you're currently paying. So of all the things that you can possibly increase, this is probably the least objectionable. So we leave it there until you give us instructions otherwise. Even if we used a little bit of reserves for it this year, in 2010 it's coming back then big. The whole thing is going to hit you then. So I can't give you a softer start than coming up with a third of the cost of it in one year and then going to the full assessment to follow. MR- CONNEL: Obviously, some homeowners are going to see a change in then tax because it is ad valorem. MR. PETTY: Yes, sir. Yes, sir. It's not a big hit at all. Streetlights are minimal. Again because of the funding total is around what, three and a quarter? MR. LEVY: It says $257,000 in operations. MR. PETTY: I may have wanted to put those lights in my garage. $257,000 is correct. MR. LEVY: So what, you're talking maybe 20 dollars on average or something? It's ad valorem? MR. PETTY: Kyle, do you remember what the street light portion was on previous budgets since we don't have one here? MR- LUCASZ: Depends honestly on evaluation. MR. IAIZZO: What I'd like to see is this board discuss ad valorem versus assessments. MR- LEVY: Yeah, but we decided this was not the year to do this. We discussed it prior. They recommended not -- I agree with you, but, you know, l think beautification belongs in there too, but maybe next year we can do that. MR. IAIZZO: It's not going to change the dollar. It's just going to.......... MR- LEVY: Who pays for it? MR. CONNEL: How do you allocate it? MR. PETTY: It's just the burden. I was looking for an old schedule. I think every year we need to bring up the concept of ad valorem versus special assessment as there are pros and cons every year. MR. CONNEL: And hours and hours were spent on this subject if you look back at the minutes. MR. LEVY: All of that stuff is several months ago. MR. PETTY: From a staffs position, we would recommend that you not go to it this year as tax reform is hitting ad valorem. So we don't, assessments are a far more stable revenue source. 753 Budget Meeting 1 6 I 1 A 8 April 22, 2008 MR. LEVY: Until the dust settles and we know where we're at. MR. PETTY: Yes, sir. I think Mr. Rubio is going to come out with something big here in the next day or two. MR. PETTY: He being the representative that's pushing tax reform really high from Miami. MR. BOLAND: John, weren't we talking at one time at one of the board meetings about upgrading the light system, but underneath didn't have the voltage to increase it or decrease it at one time? I'm going back maybe four or five months ago. I think someone came out with a number of $ L5 million. That was to do everything underground and the whole thing all over again. MR. PETTY: The underground is not a big deal. It is the motor control cabinets. That system from what I understand from Kyle has been determined to be maxed out. The luminaries have slowly crept up in size. Remember the first design was star night? You were supposed to see the stars. So everything was a low setting. I think that single setting was 75. So we have tried to bump these up. And the last I heard from when we had our design engineer for street lighting come out, was that our circuit breaker and motor starters, which are these cabinets behind bushes, are basically maned out and that you would have to change out those boxes. Keep in mind they're 28- year-old boxes now and the breakers have changed quite a bit. Trying to find the same size might be a little bit iffy. So you are talking about some reinvestment in capital if you want to change out the streetlights. Your biggest expense is not going to be those cabinets though. The biggest expense is going to be changing those pole locations. You're going to have to cut the conduit, reattach, cut the wires, reattach, splice, and dig up, repair. That's where the money is. MR BOLAND: And the lighting, you know, I looked at them after the trees were cut and it's one that was close. I would say 99 percent of them were fine. The guy did a good job. MR. PETTY: That's as good as it gets. MR- BOLAND: I didn't have any problem with that lighting at all. 1 don't want to look like..... well, you talk to some people they want to leave it alone, other people say, gee, I can't see good at night. I'd like it better, but I don't want to make it look like Coney Island too with bright lights because 1 think you'd have a complaint from the high heights of living along there. You know, that's living on the boulevard. MR. PETTY: Keep in mind the lighting in Pelican Bay is for aesthetic value. MR. BOLAND: I think it's fine. MR- PETTY: That s really why it was put in. That was the intention. It's going after the issue of safety, as I'm sure can be discussed by quite a few people. From a safety perspective, you can argue lighting all the way up and down the gamut of what 754 Budget Meeting 1611 qg is good or bad. I don't know if you guys have noticed this, but the new cars with the new headlights drive me nuts. MR. LEVY: Sometimes they're fierce. MR. PETTY: Where does the power enter the pole? MR CONNEL: Underground? MR. PETTY: At the base. MR. CONNEL: Way down? MR. PETTY: Yes. MR. CONNEL: So every pole would have to be pulled up. MR PETTY: They have big concrete ballast and there's a hole where the conduit goes in that filter and it goes up through the pole. MR. BOLAND: That has to be expensive. You got quite a few lights. MR. PETTY: You're talking about large equipment working in your median. You're going to tear the living heck out of that stuff. The repair of that would be costly. It might be an easier deal to try to get some type of lighting enhancement to those that are having difficulties. Does that mean lantern or night goggles or what have you. MR. CONNEL: I guess there is no point of bringing it up again, but the trees play a big part in the light. MR. PETTY: Absolutely. MR CONNEL: That's another subject entirely. MR IAIZZO: The poles went too high. MR PETTY: We need bigger trees or shorter poles. MR. IAIZZO: Well, the poles are not going to grow, they're fixed. MR. CONNEL: Okay. All right. MR. PETTY: That basically gives us our direction for reserve policies. The other issue is the reserve, we decided at the last meeting was miscellaneous category was going to be chopped down to, what did we say, Kyle? Couple of gra MR. LUCASZ: Miscellaneous is broken up into all the different sections. MR PETTY: Instead of us having this carte blanche to spend money, we knew what we were spending it for, we just itemized it. MR. CONNEL: Any new service considerations? 755 Budget Meeting 16 I 1 A 8 April 22, 2008 MR. BURKE: 1 have one. Does anybody understand the formula by which Collier County contributions of the Clam Bay fund is done? I mean, why does that vary year to year from $400,000 to $300,000 to $460,000? MR. IAIZZO: Good question. MR LUCASZ: When its just operations and maintenance it stays pretty level, which is $175,000 to $185,000. When it's jumped up, it's because they funded some of the dredging activities or it was also for doing restorations that they funded a portion of So like three or four years it jumped up, it was for those different activities. MR. BURKE: So its not a formula. It's actual ..... MR. LUCASZ: Operations and maintenance. MR IAIZZO: I thought it might be a package. MR. PETTY: If I can get back to that I like the idea that we could have a formula versus, the way it's done now is we're doing this. We're going that's about right. I think I can pull this out. Keep in mind, this fund source of when we did Clam Bay the first time was subject to a lot, a lot of negative press from the rest of the people in Collier County. They didn't want their general tax dollars going towards Pelican Bay. They saw us as an affluent community and didn't want their tax dollars to come here. They saw the mangroves, even though they are an asset to the County, they are largely beneficial only to Pelican Bay. They are the only ones that can see them. So as such the allegation coming out of that was a determination as to what would be appropriate. I wouldn't mind discussing with the County on a percentage allocation. As you may recall at the last meeting we discussed, we may not have that money coming to us this year, depending on Collier County's ability to raise funds on this tax reform issue. MR CONNEL: Which part, the operating part or the plus? MR. PETTY: The $200,000 that we currently have in our budget from them. We don't know if we're going to get that from fund 11 L We show $214,000 coming in from the budget. And as we go into this next fiscal year, the County already voted in tax reform in January that they have to comply with. We have no growth. And you heard that this morning, impact fees are nonexistent and those fund quite a few County programs. You're seeing the City of Naples Park program and how they're still pulling from that pot is still hitting them. There are many stresses on the revenues that the County gets. Fund 111 is from the overlay MSTU District that funds all the unincorporated areas of Pelican Bay. And a lot of that money goes to just squeaky wheels. MR IAIZZO: Where does that money come from? The tourist or ...... 756 Budget Meeting / April 22, 2008 0 MR. PETTY: The ad valorem assessments. MR. IAIZ.ZO: Fund 111 is our fund? MR PETTY: It is. MR IAIZZO: We're funding it? MR. PETTY: Property does, yes, sir. You pay over 20 million dollars, approximately 22 million dollars..... and help me out here. This is during the annexation. When I looked at this its about 22 million dollars comes out of Pelican Bay for general county taxes. MR. IAIZZO: General fund? MR PETTY: It goes to a lot of places. Let's call it the general fund. Then there is this MSTU overlay. All the incorporated areas. They still need city services; so we're going to charge you another fee for that. That includes Parks and Recs' feature for local parks, it includes comp plan issues. It includes beautification issues, entry features. You see a lot of the money spent there; you'll see it put on community development of Golden Gate Expressway and the entrance to Golden Gate where they make it all nice. They'll spend a million, 1.5 million. So it goes to a lot of the squeaky wheel areas that they need to improve with some money. We put in six million dollars; we get back about $200 - $250,000, which maybe our percentage so 1 wouldn't mind knowing a calculation was in place. MR. BURKE: Is it tied to the permit? MR. PETTY: No, sir. Not that I'm aware of Not that I know. Other than Kyle said, it's operation maintenance. If there's capital they can dig a little deeper. MR. BURKE: What could cause that to stop or dry up? MR. PETTY: Again, it is the demand on that fund. Since we don't have an agreement per se, we don't have the Commissioners who have voted on this, this is County staff working with us to the best of their ability. MR. BURKE: Okay. MR. PETTY: They didn't commit to this so when you fund Clam Bay, keep in mind that's a Pelican Bay commitment until we get the money in from the County, and it is not guaranteed. MR LEVY: But do we know before the budget is final? Do we know what we're going to get for the next year? MR. PETTY: Yes. We typically have a projection. MR. LEVY: When do we usually get that? 757 wool Budget Meeting 1 b 1 A }( April 22.2008 H (� MR. PETTY: Right before the last minute. MR. LEVY: That's not going to help us when we have to submit our budget on June 2nd. MR. PETTY: We're going to get it in mid to late May. For us that's last minute. What we have is a carry forward in Clam Bay that you all gave direction that we would keep that in Clam Bay for just that occurrence. So we have one -year County contribution in reserves. Just part of it. NEW SERVICE CONSIDERATIONS MR. CONNEL: Any new service considerations? What did somebody have in mind that that was put on the agenda? Were you asked to do 0 MR PETTY: Sir, I put it on there because we had put Clam Bay on there a few years back. We've talked about doing other odds and ends so I just put it on there in case you all wanted to discuss it. 1 have nothing specific to suggest. to them. MR. CONNEL: Anybody have any thoughts on that subject? We have great services I'm not sure what we would add MR PETTY: There was what Dr. Rain brought up. He was talking about, what was it the memorial? Some way for residents to participate in beautification programs that we may have through probably a memorial process like We did with the benches. And something like that could be a very nice program for us to administer, if you'd like to consider such a thing. It's something that would be funded by the folks that participate. It would be an assessment. You would adopt programs and we would do the fill in or construction, whether it be benches or paver blocks or whatever you have. Whatever program you thought was appropriate, and as people participated, we would take that fimding and apply it. We would do that with the existing staff so there are no increases. MR CONNEL: You mentioned trees. MR. PETTY: Dr. Raia brought that up. That's one of those standard issues where if you're going to improve your area by planting trees, its one nice way to do it. MR CONNEL: I thought we had all the trees we ever would really need. MR LEVY: I think we should be looking to take trees out maybe. MR. PETTY: One of those issues is we have six or eight hardwood hammock areas next to the berm. Now one of them is quite large. Everybody sees it. Its at the Commons as you're heading towards the beach. It's between south, as you look south, it's between you and the condos, which is Saint Maartin. There is, I think it's about a three -acre piece of land. Maybe five -acre 758 Budget Meeting 16 ! 1 A 8 April 22, 2008 piece of land and it used to have trees and all sorts of natural hardwood and it was a preserve area. The hurricanes really tore that thing out. The first hurricane that came through took out about a third and the next one took out another third. We have lost some more to high winds. Right now we have about three trees on those three+ acres. MR CONNEL: 1 can't even envision those. Do you know where those are? MR. LEVY: Is there access? Can you walk into that area? MR. BURKE: You walk by it. MR. LUCASZ: Adjacent to where the traps are. MR LEVY: If they were memorials, you'd lice to be able to go up to them. MR. PETTY: I can see a process where we could build a bridge over it or boardwalk to it. MR. LEVY: There's water, right? MR PETTY: Yes, sir. There are birds on there now. MR. LEVY: There won't be if we put a bridge though probably. MR. PETTY: Unless we restricted them from the roosting area. We could stop the boardwalk for viewing at a discrete location. But and certainly the trees could be planted there and again, some memorials need to be very visual and touchable and other contributions to that. You could have both types. But thats something to consider. We don't have to put it in the budget per se. We can always institute this mid -year, but that's an idea of increased services. Dr. Raia raised that. AUDIENCE COMMENTS MR CONNEL: Okay. Audience comments. Mr. Burke, do you have any comments? You are the audience. MR- BURKE: No, I have none, unless John, anything you want me to say to prolong this? MR. PETTY: I have nothing. MR- CONNEL: Thank you. May I have a motion to adjourn? Mr. Levy moved, seconded by Mr. Boland, and approved unanimously to the meetine. There being no further business for the good Of the County, the meeting was adjourned by Order of the Chairman at 2:30 p.m. 759 Budget Meeting 1611 A 8 April 22.2008 PELICAN B Y SERVICES DIVISION Cole Co TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY DANIELLE AHREN AND FORMATTED BY MARY MCCAUGHTRY, PELICAN BAY SERVICES DIVISION. 760 Fiala Halas Coyle V% A01 Radio Road Beautification M.S.T.UColetta Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 May 20, 2008 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: April 15, 2008 V. Transportation Services Report A. Budget Report- Caroline Soto B. Project Manager Report – Darryl Richard VI. Landscape Maintenance Report - CLM VII. Landscape Architects Report- Michael McGee A. Monthly Report B. Radio Road Project Phase I and Phase II -A VIII. Old Business IX. New Business X. Committee Member Comments XI. Public Comments XII. Adjournment The next meeting is scheduled for June 21, 2008 4:30 p.m. 2885 Horseshoe Drive South Naples, FL 34104 RECEIVED MAY 21 2008 '-hard of County Commission, 1611 Ac Misc. comes: Date:,-L21�- Item #:_ E4: 1611 Radio Road Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 SUMMARY OF MINUTES & MOTIONS February 19, 2008 111. APPROVAL OF AGENDA Add V. C. Recommendation for New Committee Member IX. A. Approval for funding joint project with TECM IX. B. Approval of Quote for 3 -inch water meter Helen Carella moved to approve the Agenda as amended. Second by Bill Jaeger. Motion carried unanimously 3 -0 IV. APPROVAL OF MINUTES: March 18, 2008 Change: V. A.1 March 18, 2008 should read April 15, 2008. Betty Schudel moved to approve the April 15, 2008 Minutes as amended. Second by Helen Carella. Motion carried unanimously 3 -0. V. TRANSPORTATION SERVICES REPORT B. Darryl Richard reviewed the project Managers report • (R -18) FPL Power Supply —Charges from Florida Power & Light for the handhole and riser on the new pole in the amount of $810.01. Dale Lewis moved to pay the $810.01 to Florida Power & Light. Second by Bill Jaeger. Motion carried unanimously 4-0. • (R -17) County 3 inch Hot Tap Installation bid from Shamrock Plumbing & Mechanical, Inc. on 3" Neptune Meter at Radio Road Dale Lewis moved to accept Shamrock Plumbing & Mechanical, Inc. for a bid in the amount of $33,410.00 with the investigation of the Master Plumber costs by Darryl Richard. Second by Betty Schudel. Motion carried unanimously 4-0. • (R -14) Landscape Maintenance Contract Dale Lewis recommended the approval of the Hannula's lane- closure fees not to exceed $17,000 with policing by Darryl Richard and Mike McGee. Second by Helen Carella. Motion carried unanimously 4-0. 161 1 A= 9 Bill Jaeger recommended that we accept John T. Weber for the vacancy and forward to the BCC for their approval. Second by Betty Schudel. Motion carried unanimously 4-0. VI. LANDSCAPE ARCHITECTS REPORT A. Monthly Report Dale Lewis recommended to approve fertilization, insecticide, herbicide applications and mulch where applicable per Mike McGee. (Paid by County) Second by Betty Schudel. Motion carried unanimously 4-0. B. Radio Road Project Phase I and Phase II -A Dale Wilson moved to accept Pam Lulich's change recommendations. Second by Betty Schudel. Motion carried unanimously 4 -0. New Business Darryl Richard stated the median on Radio Road between Marie Lane and Tina Lane is going to be channelization due to some complaints received by the BCC. Dale Lewis stated that the Radio Road Beautification MSTU Committee requested a 10 -year plan and the Committee was promised that nothing would be changed until that time. Dale Lewis moved to find out why Transportation did this, who is going to pay to restore it and to refund the MSTU for the cost to do the island between Tina Lane and Broadview. Second by Betty Schudel. Motion carried unanimously 4-0. 2 1611 A9 Radio Road Beautification M.S.T.U. a1 : Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 April 15, 2008 Minutes I. Call Meeting to Order The meeting was called to order by Vice Chairman, Betty Schudel at 3:38 PM. II. ATTENDANCE Members: Dale Lewis, Betty Schudel, Bill Jaeger, Helen Carella County: Darryl Richard — Project Manager, Caroline Soto — Budget Analyst, Tessie Sillery Others: Michael McGee — McGee & Assoc., Sue Chapin — Mancan, Sue Flynn — Mancan Sue Chapin introduced Sue Flynn who will substitute for Darlene Lafferty when she is unable to attend. III. APPROVAL OF AGENDA Add V. C. Recommendation for New Committee Member IX A. Approval for funding joint project with TECM IX B. Approval of Quote for 3 -inch water meter Helen Carella moved to approve the Agenda as amended. Second by Bill Jaeger. Motion carried unanimously 3 -0 IV. APPROVAL OF MINUTES: April 15, 2008 Change: V. A.1 March 18, 2008 should read April 15, 2008. Betty Schudel moved to approve the April 15, 2008 Minutes as amended. Second by Helen Carella. Motion carried unanimously 3-0. V. TRANSPORTATION SERVICES REPORT: A. Budget Report- Caroline Soto distributed and reviewed. (See attached) • Available Operating Expense $31,562.03 • Open P.O.s $579,207.19 Dale Lewis arrived at 3:47 PM 1611 q 9 B. Project Manager Report — Darryl Richard distributed and reviewed (See attached). • (R -18) FPL Power Supply —Charges from Florida Power & Light for the handhole and riser on the new pole in the amount of $810.01. Discussion continued on the need to set another transformer and to use Florida Power & Light's equipment. Dale Lewis moved to pay the $810.01 to Florida Power & Light. Second by Bill Jaeger. Motion carried unanimously 4 -0. (R -17) County 3 inch Hot Tap Installation bid from Shamrock Plumbing & Mechanical, Inc. on 3" Neptune Meter at Radio Road Discussions ensued on a possible error on the bid reflecting 2 Master Plumbers for 120 hours at $40.00 per hour. Darryl will investigate and inform Dale Lewis of the outcome. Dale Lewis moved to accept Shamrock Plumbing & Mechanical, Inc. for a bid in the amount of $33,410.00 with the investigation of the Master Plumber costs by Darryl Richard. Second by Betty Schudel. Motion carried unanimously 4 -0. • (R -16) County Ag Tronix Material • (R -15) County Electric Installations • (R -14) Landscape Maintenance Contract Discussed lane- closures. Suggested they be monitored so unnecessary costs aren't incurred. Mike McGee stated he will have weekly project meetings with the contractor. Dale Lewis recommended the approval of the Hannula's lane- closure fees not to exceed $17,000 with policing by Darryl Richard and Mike McGee. Second by Helen Carella. Motion carried unanimously 4 -0. Darryl Richard distributed the application for a Committee member vacancy on the Radio Road Beautification Advisory Committee to consider. (See attached) Bill Jaeger recommended they accept John T. Weber for the vacancy and forward to the BCC for their approval. Second by Betty Schudel. Motion carried unanimously 4 -0. VI. Landscape Maintenance Report - None. VII. Landscape Architects Report- Michael McGee 1611 A 9 A. Monthly Report Darryl Richard stated that CLM is not contractual obligated to have personnel attend meetings prior to the new contract being issued, but it was confirmed that they will try to have representation at future meetings. Discussions followed on fertilization, insecticide, herbicide and mulch applications during Phase I and Phase IIA. Mike McGee recommended that everything gets fertilization at this time. Darryl Richard suggested they provide a Purchase Order for the following applications; Fertilization -1, Herbicide and Insecticide — 2 to 3 and then apply mulch where needed. Dale Lewis recommended to approve fertilization, insecticide, herbicide applications and mulch where applicable per Mike McGee. (Paid by County) Second by Betty Schudel. Motion carried unanimously 4 -0. B. Radio Road Project Phase I and Phase II -A Dale Lewis stated concern that the magnolia trees around the water tank are in need of irrigation and aren't growing like the others. Mike McGee responded that there were several factors not favorable; such as the effects of the root system, shade and water leak. The Magnolia trees are not strong enough and may not survive any relocation. Trees could possibly go into shock. He recommended they fertilize every 30 days and set up the irrigation system in that area and later add more plants for shade. He also stated that Pam Lulich suggested replacing the red lawn grass with Mealy Grass or another native grass and substitute the Dune Sunflowers for Yellow Crown of Thorns. The cost factor would be approximately the same. Dale Wilson moved to accept Pam Lulich's change recommendations. Second by Betty Schudel. Motion carried unanimously 4 -0. VIII. Old Business - None IX. New Business Darryl Richard stated the median on Radio Road between Marie Lane and Tina Lane is going to be channelization due to some complaints received by the BCC. Dale Lewis stated that the Radio Road Beautification MSTU Committee requested a 10 -year plan and the Committee was promised that nothing would be changed until that time. 1611 9 Darryl Richard stated the project is going to be completed no matter what and the contractor offered to do the remaining curbs that were not marked off on the plan. The quote reflected the MSTU shared costs of $70,000 and does not include the area in front of the Circle K because of the pedestrian traffic. Mike McGee stated that it would behoove the committee to accept the offer for the curbing between Briarwood and Tina Lane because it would save monies in the long run, including more lane closures. This is a budget figure that could go up or down. Dale Lewis moved to find out why Transportation did this, who is going to pay to restore it and to refund the MSTU for the cost to do the island between Tina Lane and Broadview. Second by Betty Schudel. Motion carried unanimously 4 -0. Darryl Richard stated he received this information just 3 weeks ago. He also received direction from Bob Peterson that the FDOT will no longer permit trees in the median and trees over 2 ft high may need to be removed where there are turn lanes. The Committee was very unhappy concerning the above issues. Discussions followed and the committee came to a consensus that they would consider the proposal of a joint project with TECM after the review by of the Landscape Architect. The Committee would be willing to meet at a special meeting to be held on either a Monday or Tuesday to review findings and take proposal into consideration at that time. X. Committee Member Comments — None. XI. Public Comments — None. There being no further business to come before the committee, the meeting was adjourned at 5:10 PM. Radio Road Beautification MSTU Advisory Committee �i4 Dale Lewis, Chairman These minutes approved by the Committee on as presented or amended The next meeting is scheduled for May 20, 2008 4:30 p.m. 2885 Horseshoe Drive South Naples, FL 34104 04 -15 -2008 13:09 SHAMROCK 2633064 1b 1.1 A 9 PAGE2 SHAMROCK PLUMBING & MECHANICAL, INC. PO BOX 9892 NAPLE% FL 34101 PHONE: 9-592 -7080 FAX: 23 263 -3064 APRIL 15, 2008 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION RECEIVED REF: 3^ NEPTUNE METER AT RADIO ROAD APR 15 2003 Transportation . ATTN.- DARRYL RICHARD ATM Dept. THANK YOU FOR THE OPPOURTUNITY TO PROPOSE YOUR UPCOMING PLUMBING PROJECT. THE FOLLOWING REFLECTS THE SCOPE OF WORK: • CALL SUNSHINE NO CUTS TO MARK EASEMENT • HAND DIG AS NECESSARY TO EXPOSE • HOT TAP EXISTING MAIN • INSTALL NECESSARY PIPING TO MEET SPEC'S SUPPLIED • BACK FILL TO GRADE UPON COMPLETION • (1) MASTER PLUMBER AT 120 HOURS AT $40.00 AN HOUR= $4,800.00 • (1) MASTER PLUMBER AT 120 HOURS AT $40.00 AN HOUR= $4,800.00 • MATERIAL WITH METER= $23,210.00 • CONCRETE = $600.00 ** *TOTAL JOB COST 5331410.00 * ** DOES NOT INCLUDE: • ANY UNFORESEEN CONDITIONS • ANY ELECTRICAL WORK • LANDSCAPING YOU P HAMR K PLBG dz MECH., INC 1,6- 1 1 1- p MEMORANDUM DATE: March 28, 2008 TO: Tessie Sillery, Transportation ATM FROM: Sue Filson, Executive Manager Board of County Commission RE: Radio Road Beautification Advisory Committee As you know, we currently have a vacancy on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: John T. Weber 165 St. James Way Naples, FL 34104 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time - frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorise the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments M,iR -10 -00 01:19 PM JOHN T WEBER 9413400711 P.01 1611 A 9 �qT'j,• Rie HNRp 4rA�4� y �- • Bourd of C'omil} ('timmksioncrs },Iql Vass 'I'a111ianli'r Y:nl 1&4. P I,%411 '_ . p.'.igl 2iLe11N' i 0 Application for Ad-, ison. (:ontntiUcrs /Boards Namc O T kAEAF& Home Phone: HomeAddrliu: LGS ST JAMES 41,44 NA00L4ozipCode: Business phoae. e-mail address: Category (iri Now hmg hays yew lived to Collier County: Ycsm y Months S Are you a root" voter in Collier County: Yss__X_No�-- Do yew curriatly hold public office? Yss No_ If nit what Is that office? Have you ciecr been convicted of any offense &Vint the Law t Yes_�No�_ If you, explain: HAP Do you now serve, or have yew ever served, an a ('other County board or committee? 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J P` CD �( F-0uj Z Wm mQ"E V JO O j O O Z ¢ W W12a W LL ¢: �ZQ CO QZ O 03wZ U SU KJ� ¢HO0z W W �0 � �Z �C-0 wQ OZ W z dU z Ww zU 000QV �, wFUgF w>WW 'W' F J=F F- 0 u¢i ai?V KKK WOK =uJz�L } 00 0mw '� .- zz0W z J0mI-- F-LL U- 0) ri IO w z SU' FwUz WZL'i wC7 wm ��UO N. JIAZF - M R 0.' U K ¢ f0 LL WHW W WO OW Wa �y F-¢0 W UU W Q IL a- F- F- W W W : LL LL LL LL LL W b QOW (aW W ZZKQ:� NA LL. a. OW FU9Z1 -- (a QW F-WK 01 -ZzC7 U' zWIN Q d V) d KJWWW� lR O^ :U,— ZStnw7w JZZOS R'SW as OD UMW c= iozzz��c¢ic¢i�z::'w?goa °Ow?vai Z) IL cai��ymU N M r N b h O) Ol V OI O N !! N N N tNV N fWV N N IN'l ti f'! t0 q M P! R! N N N N f 1611 A9 Page 1 of 7 RichardDarryl From: Anne_Harris&pl.com Sent: Tuesday, April 15, 2008 7:17 AM To: RichardDarryl Subject: RE: anticipated billings: New Account 5504 Radio Road - Confirmation of Specification There will be a cost for the handhole and riser on the new pole, charge will be $810.01. Invoice to follow. Qone monk CusbmerPmjed M2=ger RECEIVED FkMa rrw or do Kett 4105151hatsw APR 15 2008 Napin, PL 54116 NAA/NA2 Transportation Td:(239)3534070 ATM Dept. Fax: (239) 3S3-W "RichardDarryl <DarrylRichard @colliergov.net> RichardDarryl To: Anne_Hanis@fpl.com <DarrylRichard @colliergov.nebC'C: Subject: RE: anticipated billings: New Account 5504 Radio Road - Confirmation of 04/14/2008 03:56 PM Specificatim 16 ►1 A9 April 15, 2008 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Radio Road MSTU Project Status (R -18)ACTIVE (Darryl kchard); FPL Power Supply — Charges for new pole 4- 15 -08: FPL cost for new pole is $810.01; invoice will follow (R -17) ACTIVE (Darryl I<ichar l): By County 3 inch Hot Tap Installation 4- 15 -08: Quote for $33,410.00 received from Shamrock Plumbing per annual contract; Bid 07 -4097; BCC Approved 1/9/07; 16.E.8 (R -16) ACTIVE (Darryl Richard); By County Ag Tronix Material -Quote for `By County' Items 4- 11 -08: Notice To Proceed (P. O. #46000930118; dated 4-07-08); Project: Radio Road Phase One and II -A Material Purchase (per Contract 06 -4030) Fund: 158 - 162522 - 634999 -0; Contract: #064030 -- "Motorola Central Control Irrigation Supplies & Services" BCC Approved 11/1412006, item 16.E.2; $21,233.50 project total The effective start date of the project is April 14, 2008 based on Work Order Completion (45 days) date is: Thursday, May 29 (R -15) ACTIVE (Darryl Kichard): By County Electric Installations - Quote for `By County' Items Bid 08 -5004; Quote request per Contract 07 -4083 "On call Electrical Repairs and New Installation — County Wide" (material Group 93972; Contractors: 115198 Hart's Electrical Inc; 112810 American Electric of Miami Inc; 100913 EB Simmonds Electric; 115640 Mizpah Electric; 103553 Paragon Electric Systems; 102779 Southwest Electric) 12- 17 -07: Final Quote from Ag Tronix received for materials cost. 12- 18 -07: Bid/Quote Package sent to Purchasing & McGee & Associates; McGee to confirm content of quote package and make recommendation and/or release forbidding. 1- 15 -08: Material Purchase pending — approval of low quote for installation — pending purchasing. Materials are to be delivered to electrical contractor. 1- 15 -08: confirmed bids due in 10 days 2 -6 -08: Purchasing and McGee reviewing bid package. 2- 22 -08: Mike Hauer— sent out and will be due 3- 18 -08. 3- 18 -08: Pending bid tabs from purchasing 4-11-08: Notice To Proceed (P. O. #4500093017; dated 04/07/2008 ); Project: BID #07- 4083 -- "On -Call Electrical Repairs and New Installation — County Wide Fund: 158 - 162522 - 634999 -0; Total: $37,000.00 The effective start date of the project is April 15, 2008 based on Work Order Completion (90 days) date is: Monday, July 14, 2008 ( R— 14) - ACTIVE & ONGOING- I,an&cape Maintenance Contract (POC: Darry Richard ) - Contract 405 -3686 Part 11 Radio Road MSTU /MSTD Roadway Grounds Maintenance. MSTU FUND: 158 (old 150 )-162545- 634999 - 600811 THIS PO IS FOR MSTU FUND (150) ONLY/Notice To Proceed (P. O. #4500048335) MSTD FUND: 112- 163652- 634999 - 620141 THIS PO IS FOR MSTD FUND ONLY Contract Expiration Date: Tuesday, July 28, 2009 Notice To Proceed (P. O. #4500048336) 7- 28 -05: Original NTP for Contract issued (1 year initial contract; 3 renewal periods of 1 year) 2- 20 -07: Confirmation of repair of Irrigation Mainline on Devonshire Fund 158 (MSTU) 10- 12 -07: New Fiscal Year 07/08 —NTP given with PO. 10- 16 -07: Committee motioned for Advance must attend meetings. 16 11 Al 9 11- 20 -07: Contract Section: Contractor's Attendance states: CONTRACTOR'S MEETING ATTENDANCE "During the Contract Period, the Contract Manager or an Advisory Committee if applicable, may have questions concerning maintenance issues. The Contractor shall be required to attend monthly meetings and other special meetings that the Contract Manager should require. There shall be no additional charge for attendance to these meetings. If the Contractor fails to attend the monthly meetings without an excused absence an amount equal to two (2) hours of the supervision labor rate as listed on the Bid Page shall be deducted from the monthly billing of the Contractor against the Contract total." 11- 20 -07: Advanced Lawn has confirmed attendance at monthly meetings as per staff request. 2 -5 -08: Advance Lawns has filed for bankruptcy — purchasing working with staff to take action regarding maintenance. Pricing requested from Commercial Land Maintenance based on existing contract pricing. 3-4-08: NTP to Commercial Land Maint. - for 2 months — interim 3 -18 -08 : Bid documents in preparation by Mgee & Staff. ( R— 13) - AC] I V 1i & ONGOING (POC Tcssie Sillcry) - Annual Services Contract: McGee & Associates 9- 19 -06: Radio Road MSTU Committee Approved proposal from McGee in the amount of: $11,445.00 for annual consulting services. 11 -3 -06 : NTP was given to McGee & Associates with a Project Completion Date — September 30, 2007. 9- 30 -07: PO Rolled into FY07 -08. 10- 19 -07: Committee Approved Annual Contract with McGee $ $11,950.00 11 -7 -07: County staff requested McGee to revise proposal. 11- 20 -07: Work Order has been submitted for staff review. Approval of Work Order and PO issue pending. 12- 11 -07: PO and WO issued Notice To Proceed (P. O. #4500089487)- WO # TLO -MA- 3614 -08 -04 Project Name: " Annual LA. Consulting Services "; Fund # 153- 162521 — Golden Gate MSTU December 11, 2007, based on Work Order Completion date is: December 10, 2008. ( R — 12B) &(R-16) (Combined Bidding) - ACTIVE: IAN DSCAIT &IRRIGAI ION PROJP:CT(POC Darryl Richard) - Radio Road MSTU: (Phase One & Phase II -A) Landscape & Irrigation - Add Corporate (CO Pending) PROJECT SCHEDULE: FYI: Radio Road MSTU: (Phase One & Phase II -A) Landscape & Irrigation PHASE Start - End Date PROJECT SCHEDULE: PHASE Start - End Date 100% Submittal 9/21/2007 21 DAY BIDDING 10/5/2007- 11/6/2007 BID DUE 11/6/2007 BCC APPR 12/11/2007 NTP Material Purchase 1/31/2008 90 DAY (Material Purchase & Irrigation Install) 1/31/08- 4/15/08 NTP CONST 4/15/2008 90 DAY CONST 4/15/2008 - 7/15/2008 CONST - COMPLETE 7/1512008 1611 (Irrigation, and Plantings) -Work Order for Design to be initiated in FY -06 (October 1, 2005); Construction Cost $810,000.00 ; Design Cost: $64,300.00 McGee & Associates 4- 10 -07: Re -use availability is questionable alibis time. Roger Dick reports it may be wise to wait until re -use line is run up to Radio Road as part of current Santa Barbara Project. 4- 13 -07: Discussion with Roger Dick and Pam Lulich indicate that Re -Use department supplements Re -Use with Well water during 3 months of the year (typically April, May, and June). Thus water staining may occur during these 3 months of the year to existing curbing and/or other structures over- sprayed with irrigation water. 4- 17 -07: McGee recommends mixing tanks for project. Committee votes to add mixing tanks to project 5- 23 -07: McGee recommends not adding Corporate Section to project at this time a; it is not entirely curbed with Type F Curbing. 7- 19 -07: Overall Committee consensus— not to include Corporate Section into Phase I — Landscape and Irrigation. 7- 23 -07: 90% plans — still pending — no plans 8 -22 -07 90% plans — still pending — no plans 9 -12 -07 : 100% plans received for bidding — pending Purchasing 11- 07 -07: Bid 08 -5004 - received on 11 -6 -07 — Hannula low bidder— Bid tabs are pending. I1- 20 -07: Bid Tabulation received from Purchasing Dept Hannula is low bid for both base bid ($363,957.06) and alternates ($100,477.56) 12- 11 -07: Contract approved by BCC on 12- 11 -07- Awarding Hannula. 12- 17 -07: Awaiting Contract issue through purchasing. 1 -7 -08: Awaiting Contract issue through purchasing. 1- 15 -08: Awaiting Contract from purchasing. 1- 30 -08: NTP- 1- 31 -08— with final completion July 29",2008 (R- 16) c'(AIN I'II U /Darn) PiahardC Numbering of Medians (blue sky to Airport Road) 12 -I8 -08: See: Meeting minutes: Discussions continued & it was determined the numbering process was not complete. An assessment was needed to determine the number of medians that required renumbering. . 1-15-08: Pending on quote from contractor 2 -5 -08: David from McGee — updating map will submit revised plan for contractor to give us a quote. 2- 19 -08: NTP— Trutwin —to be completed by March 20, 2008. (30 days) ( R- 21) - CO V iq i hi 0 0( Dam/ k chard) - 9 -19 -07 - Dale Lewis moved to direct Staff to ensure numbers are re- stenciled on each island. Second by Betty Schedule. Motion carried unanimously 4-0. 10- 16 -07: Staff verified— stenciling is in the contract with Buttress Median stenciling delayed until completion of curbing project — additional 20 days was added to the schedule on curbing project. Median Numbers will be reviewed upon completion of Business Curbing Project. 12- 15 -07- Bonness completed painting of numbers on curbing as per Radio Road Curbing Project ( R -12A) - C( 0,111 1 11 - IN X Darnn I ILchard; - Radio Road MSTU: Phase One - Curbing (Devonshire to Broadview Dr) (Curbing, litigation, and Plantings) - Work Order for Design to be initiated in FY -06 (October 1, 2005); Construction Cost: $810,000.00; Design Cost: $64,30000 McGee & Associates PROJECT SCHEDULE: Radio Road MSTU: Phase One - Curbing (Devonshire to Broadview Dr) PHASE Start - End Date DESIGN 9/11/06- 1/29/07 14 DAY Quotes from Annual Contract 5/11/2007 - 5/25/2007 BID DUE 5/25/2007 BCC APPR 612612007 NTP CONST 7/17/2007 90 DAY CONST 10/15/2007 CONST - COMPLETE 10/15/2007 12 -15 -05 -McGee sent notice to go `on hold' for Project. 3- 06 -06— McGee to revise scope of projectas per Don Scott. 3 -20 -06 — McGee sent 'Go Ahead' on Work Order. 4 -4 -06 -McGee submits request to modify work order in amount of $6,696.00 (submit for Committee Approval) 5 -1 -06; Radio Road Curbing Plan 30% Submittal Review is pending. May 2, 2006 meeting to address Access Management issues. 5- 15 -06; Access mgmt. Meeting on 5 -3 -06 ; as per Diane Flagg project will be phased into Phases I and Phase 11. Dale Bathon confirming with funding from transportation and Don Scott confirming with Transportation Administration, 5- 30 -06; Project is to include 3 phases, mcgee & assoc. to provide scope for phase 1. — Pending 1611k9 Phase I- From( Devonshire -West to western most boundry of Berkshire Lakes Subdivision) Phase II - From ( Western most boundary of Bershire to Livingston ) Phase III - From (Livingston to Airport) 6-12-06: McGee & Associates preparing proposal for phase 1, and waiting on final billing on old work order. 6- 27 -06: Need McGee proposal for phase I. 7 -12-06: Need McGee proposal for phase I. 84-06: MSTU approved McGee Proposal for Phase I 8- 22 -06: Work Order for McGee Phase 1 is in process of SAP upload. PO number is pending. NTP is anticipated by August 24, 2006. 8- 25 -06: Diane Flagg request verification that the Total Amount spent will not exceed the origiml Work Order Amount of $64,300.00 (versus new proposal for $17,330.00) 9- 11 -06: McGee & Associates sends correspondence in response to Staff request for confirmation of anticipated cost for consulting for Phase I, 11, and III combined. Copy provided for September 19, 2006 Radio Road MSTU regular meeting. 9- 11 -06: Notice to Proceed issued to McGee & Associates for Phase One Project; TLO- MA- 3614 -06 -16; P. O. #4500066290; Total net project is $17,330.02; Work Order time -line of 140 days with Project Start Date is September 11, 2006 and Project End Date is January 29, 2007. 9- 19 -06: TECM Engineer Dale Bamen submits proposal for advancement of a portion of Phase 11 Project into the Phase I project scope from Livingston Rd. to Kings Way. The Radio Road MSTU Committee votes to notinclude this section in Phase I Project. Phase One project schedule: Design Complete January 29,2007; Bidding Phase February 2007; BCC Approval of Award March 13, 2007; NTP April 30, 2007; Construction 120 time -line with Completion by August 30, 2007 11- 21 -06: McGee 100% submittal for Curbing Phase I has been rejectedby TECM Engineers -TECM recommends Sub - Consultant Engineer for Curbing Plans. TECM requires Signed & Sealed Plans by State Licensed Engineer prior to approval. 1 -16 -07 Proposal from McGee for Sub Consultant - to be reviewed by Commiftee 1 -17 -07 Committee approved McGee for Sub Consultant - $ 2,510.00 1- 29 -07: Called and left message for Conudtant to revise spreadsheet on costs. 2- 13 -07: McGee revised spreadsheet rieluded in proposed Change Order #1. 2- 20 -07: Change Order #1 is being reviewed by Staff for approval. Inclusion of Engineer Sub - consultant is only item in Change Order. 3 -8 -07: NTP for Change Order # 1. 3- 20 -07: Formal Request sea to McGee for confirmation of delivery of 1005 /o Drawings prior to 3 -30 -07 4- 16 -07: Coordination meeting for Public Meeting to be held May I" from 5 to 7 PM. 100% plans (revised) pending from McGee. 5 -2 -07: TECM revisions as per PIM Meeting forwarded to McGee. Revision die by 5/10/07. 6- 19 -07: Novus item - 16B - BCC meeting of 6 -26 -07 - Buttress, Inc. $ 433,885.43 7 -10-07: Bcc approved. - PO request submitted on - 6 -27 -07 with Signed Work Order. 7 -10 -07: Pending release trorn purchasing for PO. 7- 17 -07: NTP given to Bonness 7- 18 -07: Discussed overall project with Burnes & set up weekly meetings - beginning August 3^h. 8- 22 -07: Root pruning to magnolia trees - ETI- trees to be moved Lyon receipt of PO- pending BA. 9- 10 -07: Budget Amendment processed by Gloria and we received PO for ETI on 9 -4 -07. 9- 18 -07: Change Order # 1 pending 10- 22 -07: Change Order Processed and notification went out to McGee & Assoc. 11 -07 -07: Change Order #1 pending. (R -20) -( OMPI _I I I- - I1'.( h. ( . ),o i \ 1; - Root Pruning & Removal and relocation of Trees on Radio Road 8- 22 -07: Notice to Proceed - ETI - $1,750 for root pruning and within 3 weeks (after BA) is approved the PO will be increased with the difference. ($8,530.00 is the total amount of estimate) 9- 10 -07: Week of 9-20 to 28"- anticipation of moving trees. - pending locates 9- 24 -07: Darryl met in field with ETI and to be completed by 9- 26 -07. 9- 26 -07: Project Completed (R -20) - COMP L1,11 - W,0( i>arrci; - Root Pruning & Removal and relocation of Trees on Radio Road 8- 22 -07: Notice to Proceed - ETI - $1,750 for root pruning and within 3 weeks (after BA) is approved the PO will be increased with the difference. ($8,530.00 is the total amount of estimate) 9- 10 -07: Week of 9-24" to 28" - anticipation of moving trees. - pending locates 9- 24 -07: Darryl met in field with ETI and to be completed by 9- 26 -07. 9- 26 -07: Project Completed (R- 17) - ( ON IP1.I I I TECM -Radio Road -(Phase If-A) Curbing - Braimood to Commercial & Corporate (INFORMATION ONLY) R -19) - ( 0%11'1.1. 11. - IP.O.( Darnell Corporate Square Pavers (P. O. 44500082550; dated 8/6/2007); Work Order BC -FT- 3773 -0710- (60 day Work Order) completion date October 6, 2007 7- 23 -07- Requested for Quote from Brininess for project 8 -7 -07: Notice to Proceed 9- 10 -07: To be completed by 9 -I1 -07 9- 11 -07: Project Complete (R - 15) - ( (AIN 1 .I1 . RI 1 W: Ak -A 11 k PROP i v} RMI I I1N( PI IASI! i 1'(X Dam! Richard! 1611 A 9 3 -08 -07 : Updated application for Re -Use Gallons per minute and approval pending 4- 10 -07'. Re -use availability is questionable at this time. Roger Dick reports it may be wise to wait until re -use line is run up to Radio Road as part of current Santa Barbara Project. 4- 13 -07: Discussion with Roger Dick and Pam Lulich indicate that Re -Use department supplements Re -Use with Well water during 3 months of the year (typically April, May, and June). Thus water staining may occur during these 3 months of the year to existing curbing and/or other structures over - sprayed with irrigation water. 4- 17 -07: McGee recommends mixing tanks for project. Committee votes to add mixing tanks to project 4- 27 -07: Utilities confirms that RE -USE Application has been approved and will forward hardcopy. 5 -7 -07: Re -Use Application is approved. Hardcopy scanned and forwarded to Mike McGee. ( R- 19) - ('(MINI: II'- Painting of Radio Road Median Tips with Numbers -The median tips (bull -nose) are to be painted yellow in accordance with FDOT standards with median numbers. 10 -17 -06: Committee approves notto exceed $2,500.00 for project Directs staff to utilize annual contractor. Trutwin annual is active for painting within ROW. 10- 23 -06: Direction to utilize `in house' Road & Bridge Department funds and resources for project. Given ttat the medians are `County Property'. 11- 20 -06: John Vliet, Road & Bridge rejected plansto paint curb #'s on Radio Road. 11- 20 -06: Staff requested quote for Tmtwin to paint curb #'s on Devonshire. 1 -3 -07: PO & NTP to Tmtwin 1- 29 -07: Project Complete (R-11)( (AIN I :III - SDP PLAN REQUEST; SDP 3425 Radio Road -Plan review by Committee forlandscape Plans submitted for development. 11 -21 -06: This SDP Plan does not affect MSTU/MSTD plantings or irrigations. (R-15) - L01,1111 1 1 1 -.. -Pavers for Foxfire Medians 9- 19 -06: Radio Road MSTU votes to install pavers at the median tips (bull -nose) for the West Median and East Median at Teethe. 9- 19 -06: Staff request Quote from Bonness for the paver installation. 10- 10 -06: Staff receives quote from Bonness in the amount of $9,257.70, Request to Purchase submitted. 11 -6 -06: Begin Construction of project by Bonness, Inc. pavers to match existing specification. 11- 10 -06: Project Completed (R-18)- ('O11H I -.T6-Radio Road Median Irrigation Conversion- Allamanda and Plumago Planing Beds to be converted from dripline system to in igaion spray heads on risers. 10 -17 -06: Committee approves of conversion based on 112 funding no motion necessary. Mike McGee advises Committee and Staff that conversion is necessary to ensure plait health. 10- 30 -06: Median irrigation conversion is progressing, irrigation mainline break is repaired during project. 11 -6-06: Project Complete: Inspection for Pmch -List to follow Nov. 6 to 9 for proper operation (R -10) ( , )M PI I I I - SDP 7405 Devonshire Blvd- Plan review by Committee for Landscape Plans submitted for development. 9- 25 -06: Plans reviewed with ROW. Contractor has removed shrubs on County ROW and will be required to replace shrubs and damaged irrigation system. 10 -17 -06: Copy of Plans provided for Committee review. Landscaping found to be satist$c[ory. ( R - 17) - ( (AW! I I I. - Committee Chairman request for information regarding `loan' to MSTU 9- 19 -06: Radio Road MSTU Committee Chairman request staff provide a report on options available to the MSTU in so far as a'loan' or advancement of funds. (1) What is the maximum amount? (2) Is there any interest? (3) What is the amount of time allowed for repayment? 10- 17 -06: Staff provides answer as per discussion with Budget: (1) Maximum amount is determined by `Project Need' which would be after all cost considerations are identified. Review and approval by County Manager's Office/ County Attorney's Office Required; (2) Interest on loan would be negotiated through County Manager's Office and County Attorney; (3) Amount of time for repayment would be negotiated through County Manager's Office and County Attomey: Note: The advancement of funds requires Board of County Commissioner's approval. (R - 14) - ( O11I'I : -1 P - Request from TECM Engineer Dale Batton - Phase 11 Project item 9- 19 -06: Dale Bathon submits plans for a section of Phase 11 project (Livingston Rd. to Kings Way) for inclusion into Phase 1 project. 9- 19 -06: Radio Road MSTU Committee votes not to include Phase 11 item into Phase I project. (R -9) C,� S(- I :I -I1 1) -Well Water Mitigation (Chemical Treatmentof Well Water)-Cancelled- September 12, 2005: 8/16/05 committee cancelled project Cost was determined to be excessive for annual maintenance of filtration system. (R - 8) - (O11PI.i I I - Milage Rate ( .25 vs .50) - Dale Lewis requested for the history at the Budget (Carry Forward vs Audit - follow up meeting) with all the MSTU Chairman - 7 -17 -06 8- 22 -06: Sharon Newman's report is pending. 8- 25 -06: Norman Feder, Transportaton Administrator accepts responsibility for the adjustment of the Millage Rate from .50 to .25 (during FY -04 to FY -05). The Radio Road MSTU Committee may vote to increase Mllage back to .50 for the FY -08 Budget Request. Currently the Radio Road Project Funds are sufficient for current project demands. 1611 A, A 9 (R — 7) - ( OM 1'LI l 11 - Devonshire Maintenance (Fund 150)- Advanced Lawn Estimate 06 -191; On August 4, 2006, By Committee Action, Committee approved $17,290.00 for items included in Advanced Lawn estimate for Devonshire Mantenance (Fund 150). Scope of project is stump grinding, Viburnum replacement and incidental irrigation repairs (included in quote, as per Frank Kip, owner) 8- 24 -06; Advanced Lawn Crews begin stump Grinding 8- 25 -06; Mike Luneke, Advanced Lawn confinnsthat stump grinding is at 100% completion. Staff to inspect. Advanced Lawn will finish planting of Viburnum by 8- 26 -06. 8- 31 -06: Project is complete (R -6) - COMI'1.1 -: I I — Radio Road Maintenance (Fund 112) - Advanced Lawn Estimate 06 -184, 06 -185, and 06 -186; On August 4, 2006, Committee reviewed items included in Advanced Lawn estimate fin-Radio Road Maintenance (Fund 112). Scope of project is replacement of Juniper Plants, installation of mulch material, and installation of irrigation components. 8- 25 -06; Mike Luneke, Advanced Lawn confirmsthat project is at 100% completion. Staff to inspect. (R -5) (0A11PLIfI I - PROJECT TRANSFERRED TO CAT FUNDING -CAT Bus Shelter (R-4) - COMPLI -: f1 -- Sod Refurbishment at median l Radio Road at Santa Barbara - COMPLETE- Advanced Lawn. (R -3) - CUMPI_I: I I -Pump Repair -Radio Road- COMPLETE; Repair By County (R -2) I.II'-Annual Maintenance Contract Bidding - July 28,2005: NTP Contract 05 -3686 Part II, issued to Advanced Lawn Maintenance - Completed (R -1) ( OMPLII I I ARBORIST SERVICES CONTRACT; Committee requested McGee to provide quote for arborist services. McGee Scope for Arborist Services cannot be approved as per LA 04 -3614, Landscape Architectural Services Fixed, Terms and Conditions. Additional Quotes requested as per Committee Direction. 4- 17 -06; Davey Tree Company is low quote at $15,350.00 for both consultation and maintenance.(submit for Committee Action) 5 -1 -06; Documentation for Request to Purchase submitted. PO is pending. 5- 15 -06: Project complete with Field Inspection pending 5 -30 -06 Inspection complete— contractor to perform additional final pruning late fall. 6- 27 -06: Final pruning in fall to be done m 1611 A Flats February 25, 2008 Hat RECEIVED Henning Coyle MAY 2 2 2008 Coletta � p board of County Commfsebners MINUTES OF THE MEETING OF THE COLLIER COUNTY WATER AND WASTE /WATER AUTHORITY Naples, Florida, February 25, 2008 LET IT BE REMEMBERED, that the Collier County Water and Waste /Water Authority in and for the County of Collier, having conducted business herein, met on this date at 2:00 P.M. in REGULAR SESSION in Room 610 at the Community Development and Environmental Services Building, 2800 N. Horseshoe Dr., Naples, Florida, with the following members present: CHAIRMAN: Jack Markel Jerry Morgan Robert Bennett (absent) Dr. Fay Biles Lowell Lam ALSO PRESENT: Jamie French — Executive Director /Operations Mgr., CDES Ken Kovensky — Senior Accountant, CDES Jeff Klatzkow — Chief Assistant County Attorney Misc Corres, p Date: (27 .L_., Item iS:1 LQ_ 1611 A10 February 25, 2008 5 I. Call to Order - (Determination of Quorum) and Roll Call The meeting was called to order by Chairman Jack Markel at 2:02 P.M. A quorum was established. II. Approval of Minutes — Meeting of January 28, 2008 Dr. Fay Biles moved to approve the minutes of January 28, 2008. Second by Jerry Morgan. Carried unanimously 4 -0. III. Items Requiring Action by Authority A. Ave Maria Utility Company, LLLP Limited Proceeding Jamie French read the memorandum regarding Ave Maria Utility Company LLLP (AMUC) Limited Proceeding. He stated that the Utility had met all requirements other than holding a public customer meeting and providing Staff a proposed Notice of Final Hearing. He reviewed the background information the Authority would be considering; leading up to the recommendation of approval of Final Order No. 08 -03, including attachments "A" through "F" as follows: • "A "- Letter from AMUC filing a request for Limited Proceeding with the Utility Regulation Section. • "B "- Petition for Limited Proceedings which provided for (1) rate calculations and schedules to support the proposed conservation rate structure; (2) documentation supporting electronic funds transfer charges and (3) revised tariff sheets. • "C" and "D "- additional supporting documentation requested by Staff. • "E" and "F "- clarifications of inconsistencies and omissions in tariffs and schedules found following a conference between Staff and AMUC representatives. • "G" example of Collier county Public Utilities Block Rate structure. • "H "= Final Order No. 08 -03 He asked the Authority to provide guidance to Staff on how they would like to proceed on AMUC's request under the Petition ( "B "). He emphasized that the Authority could choose to approve any one, or all three items; could postpone approval to require an additional customer meeting and public hearing; and/or could adjust the rates presented if there remained unanswered questions. The three items were for: 1. Implementing a conservation rate structure for the residential customers of AMUC, that proposes an increase in rates over four tiers; said rate structure to be revenue neutral to the Utility. 2. Establishing various service charges for electronic funds transfers to allow customers to pay via the AMUC web site or to Auto -Pay on line. 3. Removing meter size rates greater than 11/2 inches on Residential Service water and wastewater tariffs (correction of former error.) 2 1611 A 10 February 25, 2008 Discussion followed, several questions being asked of David Genson, Project Manager for Ave Maria Utility Company and of Jamie French regarding: • Customer notification meeting • Leakage in the distribution system; measures in place to rectify • Communications to the customers regarding water conservation • Length of time conservation rate will stay in place • Landscape irrigation versus residential usage and meter sizes David Genson, Ave Maria Utility Company, explained: • Customer notification and meeting will be forthcoming following approval of Petition by the Authority. • Issues related to meter sizes and on leakage in distribution system problems that may arise. • Flyers regarding rates and usage with web links to water conservation methods are to be sent out to customers • The reclaimed water process and its supplementing with well -water for landscape irrigation. • Meter size requirements for residential versus commercial. Jamie French further explained: • The time line was such that the Authority would have time to request and advertise a customer meeting and bring back issue to the next Authority meeting if they chose to postpone. • The suggested wording for inclusion regarding effective date of April 1, 2008. • The Utility's relationship with South Florida Water Management District, in that the Utility sells its water to the District who sells it to the Development. • The fact that regulations stating stipulations and restrictions will go along with consumptive use permits, that will increase in time. • Might be back before the Authority in a few years for rate changes. Before the vote Jamie French reviewed the items to be voted upon, the rate amounts in the tiers and the specific proposed conservation rates. Ken Kovensky offered explanation on the figures for the re- submitted residential rate in Block 4 tier to further clarify the proposed rates to the Authority members. David Genson explained the Pay Pal, on -line payer service, auto -pay deduction services and how they would be handled. In person or by mail are options also. Authority members agreed to vote on all three items as one rather than vote on each separately. Jerry Morgan moved to recommend approval of Order No. 08 -03 providing for the implementation of the conservation structure; establishment of service charges for electronic transfers for payments to AMUC and changes of meter sizes greater than 1112 inches on water and waste water tams. Second by Dr. Fay Biles. 1611 A10 February 25, 2008 Brief discussion followed on additional wording to be include in the motion as follows: rates are not to be established until an approved letter is sent out to the community, giving a 15 -day notice and an effective date no sooner than April P Jerry Morgan rephrased his motion to include the additional wording, with a second by Dr. Fay Biles. The motion carried unanimously, 4 -0. Authority members complemented Ave Maria Utilities for the thoroughness of their preparations and state of the art systems. Both Jamie French, representing the regulator and David Genson, representing Ave Maria Utility stated they were looking forward to a long future working together, citing the professionalism and co- operation between them. IV. Staff Discussion A. Code of Ethics Handout Ken Kovensky distributed copies of the Collier County Code of Ethics Guide, and a copy of the Florida Commission on Ethics Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees. Jamie French explained that any questions the Authority members have may be addressed to him or staff members of his office, but discussion and conversations between Authority members related to Authority business could only be conducted at meetings open to the public. B. Utility Authority Four -Year Review Jamie French explained the review, which basically states the purposes for which the Water /Wastewater Authority was created; its number and terms; its major accomplishments; costs to maintain and whether or not it has served the purpose for which it was created. The review is to be presented to the BCC on March 25, 2008 by the Chairman or staff liaison in his/her absence. As Chairman Markel will be unavailable on that date, Jamie French, Ken Kovensky and possibly Attorney Klatzkow will attend to present the report. Jamie French and Authority members discussed items on the report regarding budgetary items, regulatory assessment fees and future responsibilities and needs. Attorney Klatzkow left at 3: S7 pm. C. Town of Big Cypress Development of Regional Impact (DRI) (2 handouts) Jamie French explained the Utility of the town of Big Cypress, much like the town of Ave Maria, will be a privately owned utility. They are planning to come in for a utility franchise. Provided was: • A list of the permits that have or will be applied for in the near future. • A Conceptual Master Plan Map of the land area involved. He noted the property's Utility is located approximately 2 miles from OrangeTree Utilities and 8 miles from Ave Maria Utility. The project abuts Ave Maria. 4 Febru§ 2), 21 A 10 V. Open to the Public — None VI. Authority Members Discussion — Discussion followed regarding: • Future of Orange Tree Utility plant and Utility Company and Collier County's plan to take over in 2012. • Court challenges in process • Oil Well Expansion • Moving pipelines to accommodate growth • Rate increase requests to come There were no plans for a meeting in March. However, should a need arise that required the Authority to meet, staff will duly advertise and notify authority members of dates and times VII. Adjourn There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:25 PM. COLLIER COUNTY WATER/WASTE WATER AUTHORITY Chair 7$ k Markel These minutes were approved by the Board/Committee on 9 " O 1? as presented or as amended k--� Fiala OF 1 l '1 D 1 Halas Ap l 4081 O Henning RECEIVED Cc� 1e Cc,etta MAY 2 3 2008 MINUTES OF THE MEETING OF COLLIER COUNTY�roafC.UeryCommissioners DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE Naples, Florida, April 15, 2008 LET IT BE REMEMBERED, that the Collier County Domestic Animal Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 6:30 PM in REGULAR SESSION at Domestic Animal Services Training Room, Davis Blvd., East Naples, Florida, with the following members present: VICE CHAIRMAN: Marcia Breithaupt Michele Antonia Sergeant David Estes Sabina Musci ALSO PRESENT: Amanda Townsend, Interim, Director, DAS Nan Gerhardt, Shelter Operations Mgr. Kathlene Drew, Volunteer Coordinator, DAS Bonnie Kubicsek, Animal Control Officer Hailey Alonso, DAS Misc. Corrm /p Date: 41 Item tii I_ :123 1 1611 B1 April 15,200 1. Call to Order Vice Chairman Marcia Breithaupt called the meeting to order at 6:52 P.M. 2. Attendance Attendance was taken and a quorum established. Also in attendance were 83 members of the public as well as a reporter and cameramen from the media. Approval of Agenda Sabina Mucci moved to approve the agenda Second by Michele Antonia Carried unanimously 4 -0. 4. Approval of Minutes of February 19, 2008 Sabina Mucci moved to approve the minutes of February 19, 2008, as presented Second by Michele Antonia Carried unanimously, 4 -0. 5. Interim Directors Report Departmental Statistics and Reports (hand -outs — February and March 2008) Amanda Townsend reviewed the reports, noting to the committee the expanded detail of the break -out on statistics on outcomes for dogs and cats and a comparison spreadsheet covering 2007 and 2008 to date, as requested at the last meeting. These reports covered: • Shelter activity — consisting of in -take, adoptions, return to owners, euthanasia and other- outcome categories. • Vet Statistics — consisting of DAS spay and neuter, out of house spay and neuter and medical cases categories. • Officers Report — consisting of Assists, Rescues and Wild animal activities, Dead animals, Investigated Incidences, Stray and Owned pick ups and Transported Animals categories. • Volunteer Report- consisting of Calls and Shelter visitors, Volunteer Hours • Fund Activity — consisting of General Fund Revenue, Spay and Neuter Fund and DAS Trust Fund. Amanda Townsend added comments as follows: • In comparing 2007 and 2008 data, activities were at a fairly steady rate for each year, with a higher outcome for dogs than for cats. • DAS is developing a rescue program for cats; there is already an ongoing program in place for dogs. • Shelter calls and visitors were up, attributable to better public exposure. • Acknowledged the hard work of Kathlene Drew in keeping the volunteer hours up • The February dip in Veterinary in -house spay and neuter due to drop in overall adoptions • Officers activity- working on consistency in reporting • Reviewed the various Fund details 1611 B1 April 15, 2008 Michele Antonia commented on the new graph format used; to which Amanda offered to discuss Board Member expectations at a later time. 6. Old Business Report on law enforcement representative seat Amanda Townsend stated the Collier County Sheriff's office considered it important to have representation on the DAS Advisory Board. Sgt. Estes stated there is only a 6 -man unit to represent the whole county, sometimes resulting in his absence from meetings. Michele Antonia asked if a proxy officer could substitute when Sgt. Estes is on a duty call; to which Amanda responded that the Ordinance would have to be consulted for that precedence. Election of Chairman Vice Chairman Breithaupt nominated Michele Antonia for Chairman of the Domestic Animal Services Advisory Board. Sabina Musci seconded the nomination. There were no other nominations. By a show of hands the vote was unanimous to elect Michele Antonia as Chairman. At this time Michele Antonia assumed the Chair Selection of recommended candidates for Advisory Board vacancies Chairman Antonia announced that there were two applicants for the Citizen at Large vacancy on the Board. The two candidates, Jim Rich and Jacquelyn Fresenius, each spoke on their backgrounds, qualifications and interest in animals and their desire to serve. Marcia Breithaupt moved to recommend nomination of Jacquelyn Fresenius for the Citizen at Large position on the DAS Advisory Board Second by Sabina MuscL Marcia Breithaupt and Sabina Musct voted for and Michele Antonia and Sgt Estes voted against. Michele Antonia moved to recommend nomination of Jim Rick for the Citizen at Large position on the DAS Advisory Board Second by Sgt David Estes. Michele Antonia and Sgt Estes voted for and Marcia Breithaupt and Sabina Musci voted against. it will be reported to the BCC that the vote was split evenly for the two candidates and the BCC will make their decision. Chairman Antonia announced the candidate for the Veterinarian position on the Board. There was one candidate application to consider, Dr. Ruth Eisele; the second applicant having withdrawn their application. Dr. Eisele spoke on her background and practice and her desire to serve on the Board. Sgt David Estes moved to recommend the nomination of Dr. Ruth Eisele to fill the Veterinarian position on the DAS Advisory Board Second by Marcia Breithaupt Carried unanimously, 4-0. §018 1 91 Apri115 Chairman Antonia announced the candidate for the representative from the Humane Society vacancy on the Board. There was only one candidate application to be considered, Tom Kepp, Jr., who was re- applying. Tom spoke on his background, qualifications and interest in animals and his desire to continue to serve on the Board. Sabina Musci moved to recommend the nomination of Tom Kepp, Jr. for the Humane Society representative position on the DAS Advisory Board Second by Sgt David Estes. Carried unanimously, 4-0. 7. New Business Discussion regarding meeting schedulelfrequency Discussion followed on the need to return to monthly meetings. Having experienced the every other month format, members cited the many things that come up before a two month period. Sgt. Estes concern was not being able to keep abreast of things over a four month time, should he have to miss a meeting. Chairman Antonia moved to recommend returning to a monthly meeting schedule starting next month. Second by Sgt David Estes. A brief discussion followed whereby Amanda Townsend voiced concern that the County Attorney should be consulted regarding the change. Sabina Musci stated that a meeting could be called if needed. Barring any objections by the County Attorney after checking the Ordinance, the motion carried 3 -1, Sabina Musci voted no. Proposed changes to Dangerous Dog Section (Sec. 14-42) of Collier County Animal Control Ordinance (handouts -2) Amanda Townsend reported that the BCC was receptive to a public petition received regarding the growing incidences of dangerous dogs. They have directed staff to move forward with ideas on how to strengthen the dangerous dog portion of the Animal Control Ordinance, and bring ideas before the DAS Board. With that directive staff had met with staff members, investigative and supervisory staff and the County Attorney and came up with 13 proposed changes; with the intention to strengthen the Ordinance while continuing to balance the rights of animal owner with the rights of the victim. Also, with the ultimate goal to process dangerous dog investigations faster and prevent repeat offenses. She then handed out a 2 -page memorandum to the DAS Board members and to members of the public that were present. She stated if the Members were in agreement to all of the 13 they could accept them all at one time. If not, they could accept one at a time and rebut or make changes to those not agreed upon. Staff would then be directed to make those changes. Before going through each proposed change, Amanda provided information researched, using the latest calculations on American Fact Finder, that out of the number of dogs (87,000) investigated, 15 were dangerous dogs. Only I dog out of 5,000 is a dangerous dog. It was determined that no pattern regarding location or breed of dog was discovered out of those investigated. She praised responsible pet owners. She also handed out summarized lists of the six Dangerous Dog Investigation 1611 B1 April 15, 2008 Procedures and of the Rules of Procedure from the Collier t;ounty DoMestnc An:mai Services Dangerous Dog Appeals Forum to Board Members and the public present. • She noted that the complete Florida Statute could be found at myjlonda.com local ordinances and Collier County Animal Control Ordinance at Municode.com; online library Collier County, animal control ordinance, article 14. Amanda read over the proposed changes, explaining each and asking for consent on each or a rebuttal. Board members indicated a general okay consensus on items 1, 2, 4, 5, 6, 7, 9, 11, 12 and 13. • 3. - questioned the term "reason to believe" • 8. -change of wording "to suggest" not" to mandate" spay and neuter for dangerous dog. (It was noted legal precedence for this had been checked.) Suggested larger licensing fee ($125) if deemed a dangerous dog, - over and above the annual registration fee, if owners choose not to spay & neuter. • 10. -not in favor of obedience training; questioned what kind of measurement to determine need and training time limit The Board wanted staff to consider rethinking this item. Amanda pointed out that item 6. referred to the limits of DAS agency, not to the limit of the law, civil and criminal, in a death to a human. Further discussion revolved around the determination of a dangerous dog, some defining details and the wording in several of the proposed changes. 8. Public Comments Tom Kepp, Jr. expressed several concerns: • Addressing the Dangerous dog issue has been long overdue. • Board should take more responsibility to take issues directly to the BCC. • Advocates stronger enforcement and stiffer fines for repeat offenses • Stressed owner responsibility over their animals' behavior • DAS should make efforts to reduce euthanasia numbers and increase adoptions. • Glad to see new administration's willingness to tackle issues being addressed Dr. Ruth Eisele addressed: • i he dangerous dog item #9, requiring cage muzzles; that it should be mandatory in this area's climate. • Third offense for dangerous dog incident, especially breeder's dogs, animal should be spayed • Aggressive behavior is passed down in some breeds. Pallas Diaz spoke about "June is Adopt -a- Shelter Cat Month" and handed out a sample ad promoting the ASPCA event She asked that this free promotional material be placed at the shelter. Also, solicited ideas to promote and/or collaborate with the Humane Society to encourage adoptions. Tina Bland and Gisela Rowley filled out a speaker slip but left before the time to speak. 1611 81 April 15. 200K Y. Advisory hoard Niemoer 4,omments Marcia Breithaupt welcomed Dr. Ruth Eisele on her nomination. Nanma iwusci spoxe aoout auenatng me soggy Loggie event at sugaen karx. one would like to see more events of this type taking place at different parks_ one also askea for a aiscussion to oe put on me agenaa regaramg snetter pours being available for working people, as an encouragement for adoptions. Amanda 1 ownsena responaea that the doggy boggie event was sponsorea by ParKs and Recreation Dept. and it raised S1,600.for the DAS Trust Fund The plan is in the worKs to maKe it an annual program as welt as an event. She will instruct staff to add the shelter hours item to next month's agenda. Chairman Antonia mgturea anout me memoa urea to get me a ,uuu number or dogs and of that number, how many were licensed. She also asked that someone, perhaps a volunteer, call the acts for tree animals to asst it they are ticensea ana explain the tee savings for spaying and neutering. She asked for a report on the May agenda. one also asxea that the UAL plans for ,iune is Aaopt -a -Cat month ana an upaate of the Feral Cat Ordinance be put on the agenda ,a» a -sa Townsend responaea that she attended a conference on the software program used by DAS and its planned improvements. Tying in the licensing issue is one of the areas being worked on in the updating. She is also working on the FY Wy budget and will report on its progress. Barring any reason not to change the meeting date to every month, stay will notify everyone in advance and will add the requested items to the agenda. Chairman Antonia congratulated tom Kepp on his nomination and thanked the many citizens for attending the meeting. The neat meeting of the DAS Advisory Board is scheduled for May 20, 2008. i here being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 8:30 PM. COLLIER COUNTY DOMESTIC ANIMAL SERVICES Ch irman, Mi a Antonia ^I j(l These minutes approved by Board/Committee on / fL as presentee or as amended_. 16J2 MEMORANDUM Date: June 24, 2008 To: Joyce Houran, Grants Coordinator Collier County Sheriffs Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Designating the Sheriff as the Official FY 2008 Applicant and Program Point -of- Contact, for the United States Department of Justice: Bureau of Justice Assistance For the Edward Byrne Memorial Justice Assistance Grant JAG) Program Attached, please find the original JAG Application (Agenda Item #16 .12) approved by the Board of County Commissioners on Tuesday, June 24, 2008. If you have any questions you can contact me at 252 -8406. Thank you. Attachments (1) ORIGINAL ]DOCUMENTS CHECKLIST & ROUTING SLIP ^ J 2 TO ACCONIPANY ALL ORIGINAL DOCUMENTS SENT TO ,.... pir. "CClVir"a a "vvs.ar..uasv� Yid — -- 1Y nt nn ;rink paper. ?.Ilnah to enginal (IOLLlnLLnt shrnJd be hold dcln ered to the it rard ( 3111ee hiiiii, impaired it uu all .tip ind un_uud documents :ae to be forwarded tsvdte Brruttt70iw eMy 2W ft Board hastoken actillarim the Mai - v" " +. '�": ^r°". '•,, ROUTING SLIP Complete muting lines #1 through 04 as appropriate for additional signatures, dates, and'or infbmration needed. If the document is already enmphtte with the .. ___-:__ I:__- u i .,.........w xn ,.,...,.awa ,6n rM, Liim and finward to Sue Filson (line #51. d* 0 09W450ii .. prtaj@a;l/aflllarf# maw s +rr3e unw ......... Route to Addressee(s) Wo, .. ....... . Office Initials Date (list in maturing order) ` (initial) Applicable) Agenda Date tl a Q Ct Agen da Item Number (i. 2. C 3. h J s " k.. d)ll .� l�� Number of Original Documents Attached 4. resolutions, etc. signed by the County pages 5. Sue Sue Filson Executive Manager Board of County Commissioners Chairman and Clerk to the Board and possibly State Officials.) 6. Minutes and Records Clerlt of Court's Office ' 1 .M, n , . 11 PRIMARY CONTACT INFORMATION (i primary eMttwotM'the holder of the original document pending 13CC approval. Atonally the primary contact is the person who crented/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 afor the BCC has acted to approve the Item.) Name of Primary Staff �� –r j �j Phone Number 3 , �–( Contact ` (initial) Applicable) Agenda Date tl a Q Ct Agen da Item Number (i. lilts C Type of Docuntettt, , Attached h J s " k.. d)ll .� l�� Number of Original Documents Attached resolutions, etc. signed by the County pages INC'i ICTIni A, CHECKLIST 1 (onus/ County Forms! UCC 1 "mrs/ Original t'ocunicnts Routing Slip W WS �'nguatl 9.0101, Rcviscd 1.26. 5, Rcviscd 2.2405 Initial the Yes column or mark "NIA" 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 by the Office of the County Attorney. This includes signature pages from ordinances, Attorney's Office and signature from resolutions, etc. signed by the County pages 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 1 Office and all tither parties except the BCC Chairman and the Clerk to the Board 1 1 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the fipal negotiated contract date whichever is applicable. _ — _ 4. ',Sign here" tabs are plai on the appropriate pages indicating where the Chairman's si nature and initials are required. i. In most cases (some contracts are an exception), the original document and this routing slip should he provided to Site 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 are of our deadlines! r 'The document was approved by the BCC on _(enter date) and all changes mad[ de rife♦ the meeting have been incorporst dbebef dbicument. The County Attorney's Office has reviewed the changes, if a IpP !cable. 1 (onus/ County Forms! UCC 1 "mrs/ Original t'ocunicnts Routing Slip W WS �'nguatl 9.0101, Rcviscd 1.26. 5, Rcviscd 2.2405 16'2 Y3 01fd&'X fdm� V 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 0 (239) 774 -8097 • Fax (239) 774 -3602 Donna Fiala District 1 Frank Hales District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Colette District5 June 24, 2008 Bureau of Justice Assistance 810 Seventh Street, NW Washington, DC 20531 Re: Designated Official For JAG 2008 application Ladies and Gentlemen: Pursuant to a U.S. Department of Justice, Bureau of Justice Assistance (BJA) Edward Byrne Memorial Justice Assistance Grant (JAG) compliance requirement, the Collier County Board of Commissioners for Collier County, Florida approved and designated Don Hunter, Sheriff, Collier County, Florida, as the authorized grantee official and contact person to request, receive, and expend Edward Byrne Memorial, Justice Assistance Grant (JAG) FY 2008 funds in the amount of $40,584 at the June 24, 2008, regular commission meeting. Since e lly'�, Tom FIennin Chairman Collier County Commission Ate: -- DNIGHT CROCK, CL'$RK ALLIL �C duty, e Att"V P Irian s tlgnat�e oa1 � 93oa4edo cpd&x fom� 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Colette Distric15 June 24, 2008 Bureau of Justice Assistance 810 Seventh Street, NW Washington, DC 20531 Re: Designated Official For JAG 2008 application Ladies and Gentlemen: rtto,, Pursuant to a U.S. Department of Justice, Bureau of Justice Assistance (BJA) Edward Byrne Memorial Justice Assistance Grant (JAG) compliance requirement, the Collier County Board of Commissioners for Collier County, Florida approved and designated Don Hunter, Sheriff, Collier County, Florida, as the authorized grantee official and contact person to request, receive, and expend Edward Byrne Memorial, Justice Assistance Grant (JAG) FY 2008 funds in the amount of $40,584 at the June 24, 2008, regular commission meeting. Sincerely, Tom Henning Chairman Collier County Commission V AB"atant C011"tV Att' **nnv 16J3 MEMORANDUM Date: June 24, 2008 To: Lisa Melvin, Assistant General Operations Mgr. Clerk's Finance Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: State Revenue Sharing Application for 2008 -2009 Attached, per your request, please find the original application referenced above (Agenda Item #16J3), approved by the Collier County Board of County Commissioners on Tuesday, June 24, 2008. We have retained a copy of the original document for the official record. If you should have any questions, please call me at 252 -8406. Thank you. Attachment (1) 16J3 CLERK OF THE CIRCUIT COURT COLLIER COUNTY, FLORIDA FINANCE AND ACCOUNTING DEPARTMENT TO: SUE FILSON DATE: 6/13/2008 RE: APPLICATION FORREVENUF SHARING Sue, This Application for Revenue Sharing has been put on the agenda for the June 24th board meeting. Can you please have Chairman Henning sign it and forward the signed aplicauon on to Minutes and Records along with the enclosed memo for them? Any questions, please call me at 774 -5438. Thank You, Lisa N. Melvin 16 .] Memorandum To: Minutes and Records From: Lisa N. Melvin, Assistant General Operations Manager Clerk's Finance Department Re: State Revenue Sharing Application for 2008 -2009 Please contact me as soon as this has been attested. I will come and pick up the original application so that I can send it to Tallahassee by June 30`h. I can be reached at 774 -5438. ITEM NO.: 08 -CLK -00055 FILE NO.: ROUTED TO: 16J3 DATE RECEIVED: 21.WF Jar= 16 Aril DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97) REQUEST FOR LEGAL SERVICES (Please type or print) Date: June 16, 2008 To: Office of the County Attorney, Attn: Jeffrey Klatzkow From: Lisa Melvin, Clerks Finance Assistant Operations General Manager Telephone: 774 -5438 Re: Application for Revenue Sharing 2008 -2009 State Fiscal Year (Chapter 218, Part II Florida Statutes) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulate.) (Are there documents or other information needed to review this matter? If yes, attach and reference this information.) This item has /has not been previously submitted. (If previously submitted provide County Attorney's Office File No.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Please review and sign. Once signed this document needs to go to Sue Filson in the BCC office. OTHER COMMENTS: cc: (All requests must be copied to your appropriate Division Head or Constitutional Officer.) 05- COA- 01256/965 RECEIVEC PYP JUN 17 2008 Roerd n(Ccnnty Scmmission C' Application for Revenue Sharing 2008 -2009 State Fiscal Year (Chapter 218, Part II Florida Statutes) DEPARTMENT OF REVENUE Application deadline is June 30, 2008 Mail completed original application to: Department of Revenue Revenue Accounting Subprocess P.O. Box 6609 Tallahassee, FL 32399 -6609 (850) 487 -1150 Please TYPE or PRINT Name of County Coll i er 7:1 Name of Municipality__ Telephone Number (—M 9 ) Fax Telephone Number ( 239 ) 774_2096 Mayor or Chairman of Governing Body _ ro a Iia ng _ Chief Fiscal officer Dwight E. Brock, Clerk of the Circuit Court E -mail Address Crys tal . Ki nzel @col l i ercl erk. coin Official Mailing Address 2671 Tamiami Trail East, Naples, Florida 34112 ❑ Check here if the address represents a change from the previous application. Federal Employer I.D. Number 16J3 DR- 700218 R. 04/08 (required for new participants only). Please complete the questions below to determine your eligibility to participate in Revenue Sharing for this fiscal year. 1. Have you submitted your financial statements for fiscal year ending 09/30/06 to the Department of Financial Services as required by s. 218.32, F.S.? x!Yes F] No 2. Have you made provisions for annual postaudits of your financial accounts as provided by s. 11.45, ES.? F), Yes ' No 06 11/07 ______ -0-9-1301015 - -- - _ Date of Audit Report Fiscal Yemr -End 3. 4. 16J3 DR- 700[18 R.04 /08 P87e 2 Have you reported on your most recent financial statement revenues equivalent to three mills calculated based on your 1973 taxable values? This revenue should be net of debt service or special millages approved by the voters. The revenue can be generated by a combination of ad valorem tax, utility tax, occupational license tax, or a payment from the county as allowed by s. 125.01, Florida Statutes. Yes L] No If you have a law enforcement department, answer the questions below: (if you have a contracted or strictly volunteer department, skip to question 5) (A) Have your law enforcement officers, as defined by s. 943.1 Oil), F.S., met the qualifications for employment as established by the Criminal Justice Standards and Training Commission, and do you compensate them at an annual salary rate of six thousand dollars ($6,000) or more? 0 Yes (8) Does the salary structure and salary plans for law enforcement officers meet the requirements of Chapter 943 F.S.? ❑ No Yes ONO If you have a fire department, answer the questions below: (If you have a contracted or strictly volunteer department, skip to question 6) (A) Have your firefighters, as defined by s. 633.30(1), F.S., met the requirements stated in s. 633.34, 633.35, and 633.382 F.S. [K Yes ❑ No (8) a your f an employ full-time firefighters, currently either C l or ss catedegreerom acol egeor university which applicable to fire department duties, the degree snot a requirement for their current position? X] Yes ❑ No (C) If so, are these firefighters currently receiving supplemental , 3mpensation for those degrees? K Yes ❑ No 6. Are dependent special districts budgeted separately from the general budget of your government? Do they meet the orovisions for annual postaudit of their financial accounts in as provided by s. 11.45(3), F.S.? Yes F-] No ] Does Not Apply Have you met the requirements of s. 200.065, F.S., if applicable? (The annual certification must be within 30 days of adoption of an ordinance or resolution establishing a final property tax levy or, if no property tax is levied, not later than November 1. „( Yes The portion of revenue sharing funds which, according to Part II, Chapter 218. F.S., would otherwise be distributed to a unit of local government which has not certified compliance or has otherwise failed to meet the requirements of s. 200.065, F.S., shall be deposited in the General Revenue Fund for the 12 months following a determination of [—] No noncompliance by the department.) 16.3 14 DR- 700218 R. 04/08 Page 3 I certify that all information is accurate and true to the best of my knowledge. I further certify that I will promptly report to the Department of Revenue any changes in the above information. I also realize that failure to provide timely information required, allows the Department to utilize the best information available. If no such information is available, the Department will take necessary action including disqualification, either partial or entire, and you will waive your right to challenge the determination of the Department to your share of funds, if any, beyond your minimum entitlement, according to the privilege of receiving shared revenues from the Revenue Sharing Trust Funds. Do you believe that you have complied with ALL eligibility requirements as listed above? [I Yes E] No If the answer to question above is (NO), please provide an attachment of the revenue necessary to meet your obligations because Qf pledges or assignments or trusts entered into which obligated funds received from revenue sharing. Signed: Official Signed: 1/ U V v Mayor or Chairman of Governing Date: W `/ ':Z — L�lb Mail completed original application to address shown below. Florida Department of Revenue Revenue Accounting Subprocess PO Box 6609 Tallahassee FL 32399 -6609 16K2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Trial on pink paper. Altaah to original documew. (inzn:al donu Men II Awn Id be baud dcinercd to the Font t out cc_'I'hc completed routing slip and original documents am to be formaided In the Huard ()IIicc onh at the Rowd has Iakcn of on on 0 e Rem.) ROUTING SLIP Complete routing lines #I through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ... _ . . . _ n_— Mr tn....,,.n sa ,.omnlPtP the rhericimt and forward to Sue Filson (line #5). e%ce turn or the Gmanmail s St amre, uraw a uuc w"ou Route to Addressee(s) List in routing order) uu.... u,.eo ......... .. ... �_... ._._ , - Office Initials Date I. appropriate. (Initial) Applicable) 2. June 24, 2008 Agenda Item Number I6K2 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution US Number of Original Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Inc 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 star' 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 Jeffrey A. Klatzkow, County Attorney Phone Number 252 -8400 Contact appropriate. (Initial) Applicable) Agenda Date Item was June 24, 2008 Agenda Item Number I6K2 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution US Number of Original Documents Attached I 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 04-COA -010272716 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 JAK 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 2arties except the BCC Chairman and the Clerk to the Boar d 3. The Chairman's signature line date has been entered as the date of BCC approval of the JAK 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 JAK 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 (enter date) and all changes JAK made during the meeting have been incorporated in the attached document. The W. County Attorney's Office has reviewed the changes, if applicable. I I --- I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 04-COA -010272716 16K2 MEMORANDUM Date: June 27, 2008 To: Jeffery A. Klatzkow County Attorney From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -192: Authorizing the Collier County Educational Facilities Authority to issue Revenue Bonds to be used to finance educational facilities for Ave Maria University ($17,000,000) Attached for your records you will find a copy of the Resolution referenced above (Agenda Item #16K2) which was adopted by the Board of County Commissioners on Tuesday, June 24, 2008. The original Resolution is being held in the Minutes & Records Department as part of the Board's permanent record. If I can be of any further assistance, please call me at 252 -8406. Thank you Attachment (1) 16K2 RESOLUTION NO. 2008- 192 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE OF REVENUE BONDS BY THE COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY IN AN AMOUNT NOT EXCEEDING $17,000,000, AS REQUIRED BY SECTION 1470 OF THE INTERNAL REVENUE CODE, AS AMENDED; PROVIDING FOR OTHER RELATED MATTERS AND PROVIDING AN EFFECTIVE DATE. Whereas, the Collier County Educational Facilities Authority (the "Authority ") is a body corporate and politic of Collier County, Florida ( "Collier County ") created by Collier County Resolution No. 99 -177 duly adopted by the Board of County Commissioners on March 23, 1999 pursuant to Chapter 243, Florida Statutes, as amended (the "Act'), with the power to issue revenue bonds for the purposes of financing a "project' as defined in the Act; and Whereas, as set forth in the resolution of the Authority described below, Ave Maria University, Inc. (the "Corporation "), a Florida not for profit corporation, with certain facilities located within the boundaries of Collier County, Florida, has requested the Authority to issue its Educational Facilities Revenue Bonds (Ave Maria University, Inc. Project), Series 2008 in an initial principal amount not to exceed $17,000,000 (the "Bonds ") for the benefit of the Corporation and to loan all or a portion of the proceeds thereof to the Corporation to finance the costs of the Project as defined in the Authority Resolution described herein; and Whereas, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), provides that the elected legislative body of the governmental unit which has jurisdiction over the area in which the facility financed with the proceeds of tax exempt bonds is located must approve the issuance of such bonds after a public hearing; and Whereas, the Board of County Commissioners of Collier County, Florida (the "Board ") is the elected legislative body of the County; and Whereas, the Authority caused notice of a public hearing to consider approval of the Bonds and the location and nature of the Project to be financed with the proceeds of the Bonds to be published on May 19, 2008 in the Naples Daily News, a newspaper of general circulation in the County, a copy of said notice and proof of publication thereof being attached as Exhibit A (the "Notice ") to the Authority Resolution described below; and Whereas, the Authority held a public hearing on June 3, 2008, pursuant to the Notice and adopted a resolution (the "Authority Resolution ") authorizing the issuance of the Bonds, a copy of which is attached hereto as Exhibit A, and has recommended to the Board that it approve the issuance of the Bonds in accordance with Section 147(f) of the Code; and Whereas, the Board desires to approve the issuance of such Bonds for the purposes of Section 147(f) of the Code. 16K2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Section 1. Approval of Issuance of the Bonds. The Board hereby approves the issuance of the Bonds by the Authority for the purposes of Section 147(f) of the Code; provided however, as follows: a. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County, the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer or employee thereof shall be liable personally on the Bonds by reason of their issuance; and b. This approval shall in no way be deemed to abrogate any regulations of Collier County applicable to the Project and the Project shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan, all concurrency requirements contained therein, and the Collier County Land Development Code. Section 2. Severability. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption. [Remainder of page intentionally left blank, signature page follows] 16K2 , PASSED and adopted this 24th day of June, 2008. ATTEST: Dwight E. $rocK,Clerk By. De uty'C At W as Owl • [SE "StW Jeffery legal sufficiency: Attorney COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS mmng, airman Item # eLa Agenda 1 _ "at I _ Date l0 T Date_ 3 Recd 16K2 RESOLUTION NO. 2008 -01 AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS EDUCATIONAL FACILITIES REVENUE BONDS (AVE MARIA UNIVERSITY, INC. PROJECT), SERIES 2008 IN AN INITIAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $17,000,000 TO BE USED FOR THE PRINCIPAL PURPOSE OF (i) FINANCING COSTS OF ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN EDUCATIONAL FACILITIES TO BE LOCATED IN COLLIER COUNTY, FLORIDA AND (ii) PAYING A PORTION OF THE COSTS ASSOCIATED WITH THE ISSUANCE OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A PRELIMINARY FINANCING AGREEMENT BETWEEN THE AUTHORITY AND THE BORROWER; PROVIDING FOR RELATED MATTERS AND AN EFFECTIVE DATE. WHEREAS, Ave Maria University, Inc„ a Florida not for profit corporation (the "Borrower ") has applied to the Collier County Educational Facilities Authority (the "Authority ") to issue a series of its private activity revenue bonds in the initial aggregate principal amount of not to exceed $17,000,000 (the 'Bonds ") to be used for the principal purpose of (i) financing and refinancing costs of acquisition, construction and equipping of certain educational facilities to be located in Collier County, Florida described below and (ii) paying a portion of the costs associated with the issuance of the Bonds (the "Project "); and WHEREAS, the "Project ", as described in the application filed by the Borrower consists of financing the costs of construction, acq isi Ooo squ de feet equipping paying a four -floor, 554 -bed student dormitory of approximately portion of the costs associated with the issuance of the Bonds; and WHEREAS, the Borrower has requested that the Authority loan the proceeds of the Bonds to the Borrower pursuant to Chapter 243, Part I Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act ") in order to accomplish the foregoing purposes; and EXHIBIT A TO COUNTY RESOLUTION 16K2 WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the Borrower to finance the costs of the Project under loan agreements or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Borrower and promote the public purposes provided in the Act; and WHEREAS, the Borrower has submitted the Preliminary Financing Agreement (the "Preliminary Agreement ") relating to the issuance of the Bonds; and WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), the Authority did on the date hereof hold a public hearing on the proposed issuance of the Bonds for the purposes herein stated, which date is more than 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County and which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the issuance of the Bonds and the location and nature of the Project as more particularly described in the notice of public hearing attached hereto as Exhibit A; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Borrower. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act and other applicable provisions of law. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Borrower to proceed with the financing of the costs of the Project and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available for such purposes, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the United States of America, including the Code, and this Resolution, but subject in all respects to the terms of the Preliminary Agreement. 16K2 SECTION 3. APPROVAL OF THE FINANCING. The financing of the costs of the Project by the Authority through the issuance of the Bonds, pursuant to the Act, will improve educational opportunities for the citizens and residents of Collier County, will promote the economic development, prosperity, health and welfare of the citizens of Collier County, will promote the general economic structure of Collier County, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Borrower meeting the conditions set forth in the Preliminary Agreement to the sole satisfaction of the Authority. SECTION 4. EXECUTION AND DELIVERY OF PRELIMINARY AGREEMENT. The Chairman or the Vice - Chairman is hereby authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement of even date herewith between the Authority and the Borrower providing understandings relative to the proposed issuance of the Bonds by the Authority in an aggregate principal amount not to exceed the lesser of (a) $17,000,000 or (b) the amount determined by the Authority and the Borrower to be necessary to accomplish the foregoing purposes. SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Borrower and subject in all respects to the conditions set forth in the Preliminary Agreement, in an aggregate principal amount not to exceed $17,000,000. The rate of interest payable on the Bonds shall not exceed the maximum rate permitted by law. SECTION 6. GENERAL AUTHORIZATION. The Chairman and the Vice - Chairman are hereby further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds subject in all respects to the terms and conditions set forth in the Preliminary Agreement authorized hereby. SECTION 7. OFFICIAL ACTION. This resolution is an official action of the Authority toward the issuance of the Bonds, as contemplated in the Preliminary Agreement, in accordance with the provisions of the laws of the State of Florida and the applicable United States Treasury Regulations. SECTION S. LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into between the Authority and the Borrower prior to or contemporaneously with the issuance of the Bonds. The Authority has no taxing power. SECTION 9. LIMITED APPROVAL. The approval given herein shall not be construed as an approval or endorsement of approval of any necessary rezoning or other land use or development applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of Collier County or to have estopped Collier County from asserting any rights or responsibilities it may have in that regard. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately. ADOPTED this 3rd day of June, 2008, COLLIER COUNTY EDUCATIONAL FACI��ITIES A THORI 7 %�L J. ATTEST: Ross P. Obley, Secretary 16K2 16K2 I EXHIBIT A TO RESOLUTION 2008 -01 AFFIDAVIT OF PUBLICATION OF NOTICE OF PUBLIC HEARING A -1 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ___________________ _______________________________ PICKWORTH, DONALD P.A. 5150 TAMIAMI TRL N #502 NAPLES FL 34103 REFERENCE: 010784 59504793 NOTICE OF PUBLIC MEE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida. and that the said newspaper has heretofore been continuously each published in said Collier County, Florida, day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 05/19 05/19 AD SPACE: 178.000 INCH FILED ON: 05/19/08 _____ _____ --------------- Signature of Affiant - " K -\y Sworn to and Subscribed before me this of sfRf 5�r C \ Personally known by me l � - -T�— Comm,SsKn DD 675029 *y. 1 Expres `day 16, 2011 k8, i�ti ✓ eeani me,rmr re.,.uw amxsw,a 16K2 ., EXHIBIT A TO AUTHORITY RESOLUTION ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I v TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO f` 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 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 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 Contact appropriate. (Initial) Applicable) 2. Original document has been signed/initiated for legal sufficiency. (All documents to be Agenda Item Number / V 3. C)i 4. yP ` a t� r j 'y 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 i )1 f��oJ i.� /Z Phone Number O C D Contact appropriate. (Initial) Applicable) Agenda Date Item wash{ Original document has been signed/initiated for legal sufficiency. (All documents to be Agenda Item Number / V Approve b the BCC C)i Type of Document yP ` a t� r j 'y Number of Original Attached \ tVYl1��— ffL° eft' x§ 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/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 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. n 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's p, signature and initials are required. n 1 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. n/Q 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 n 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 16K3 Date: June 30, 2008 To: William E. Mountford Assistant County Attorney From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Settlement Agreement & Mutual Release: Attached, please find two (2) original agreements, as referenced above (Agenda Item #16K3), approved by the Board of County Commissioners on Tuesday, June 24, 2008. If you have any questions, please call me at 252 -8406. Thank you. Attachments (2) 16K3 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release ") is entered into and made on this day of 2008 by and between LETICIA ROCHA, as the Personal Representative of the ESTATE OF DIANA LOPEZ, Deceased, ROMAN LOPEZ, Individually and ANITA LOPEZ, Individually, (hereinafter referred to as "Plaintiffs ") and Board of County Commissioners for Collier County (hereinafter referred to as the "County "). WITNESSETH: WHEREAS, Plaintiffs filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, styled LETICIA ROCHA, as the Personal Representative of the ESTATE OF DIANA LOPEZ, Deceased, ROMAN LOPEZ, Individually and ANITA LOPEZ, Individually, v. Collier County, Case No. 07- 359-CA (hereinafter referred to as the "Lawsuit'); and WHEREAS, Plaintiffs and the County, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Plaintiffs and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. 1 16K3 NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Plaintiffs and the County agree as follows: 1. Plaintiffs and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses ", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in consideration of the sum of One Hundred and Ten Thousand Dollars and 00/100 ($110,000.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiffs, Plaintiffs agrees to dismiss the Lawsuit with prejudice. 3. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiffs, on behalf of herself, as well as on behalf of their attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that he has asserted or could have asserted in the Lawsuit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the Lawsuit. 2 ,6K3 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, Plaintiffs and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 5. Plaintiffs and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs, and affiliates. 6. Plaintiffs and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Plaintiffs or the County. 7. Plaintiffs and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, Plaintiffs and the County agree that all underlying causes of action or claims of Plaintiffs have 3 16K3 been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Plaintiff and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Plaintiffs, and the County have signed and sealed this Agreement and Release as set forth below. Date: ATTEST: DWIGHT E. BROCK, Clerk C Att*A as to y�Clerk tlgaatwe go" .,,,,,p Date: _ jury— �J� , Xog Date: (Q,a%6 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM H NING, hairman By: LETICIA ROCHA, as the Personal Representative of the ESTATE OF DIANA LOPEZ, Deceased, ROMAN LOPEZ, Individually and ANITA LOPEZ, G , 0 c Signature L-c' h �ztx P0 C Print Name 4 Item # klunda qd�� 16K3 STATE OF /Zbc'l�d COUNTY OF THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFFS AND COLLIER COU//N�TY, / FLORIDA WAS SWORN TO and subscribed by C(a /�6clo� on behalf of LETICIA ROCHA, as the Personal Representative of the ESTATE OF DIANA LOPEZ, Deceased, ROMAN LOPEZ, Individually and ANITA LOPEZ, me on this cl'-Y day of � 12008. �, ignature of Notary Public Commissioned Name of Notary Public (Please print, type or stamp) Personally Known or Produced Identification Type of Identification Produced My Commission expires: xoTAxrPUBLIC- STATEOFFLO- Approved as to form and legal sufficiency: Gin Ia an.e Cohen A Commission #DD688974 Bo,, Expues: AUG.13, ED TmtO ATLANTIC BONDLNG CO, IIac "-V 4� A644-- William E. Mountford Assistant County Attorney 06.0025/2752 5 COLLIER COUNTY FLORIDA 1 7 A REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Normal legal Advertisement XXXX Other: (Display Adv., location, etc.) **** k**** k******************* k***** k* k***** k**** k**** k* * *kk * * * * *k * * * * * *kk * * * * *k *k * * * ** Originating Dept/ Div: CDES. /Environmental Services Person: Summer Araque Date: 5/22/08 Petition No. (If none, give brief description): CCSL- 2008 -02 /AR -12877 Petitioner: (Name & Address): Ritz Carlton Hotel, 282 Vanderbilt Beach Road, Naples, FL, more particularly described as Parcel 2.1, located in Section 32, Township 48 South, Range 25 East, Collier County Florida Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Crown Development, Herminio Ortega (Agent), PO Box 1225, Naples, FL, 34106. Fax 417 -8580, E -mail: crowndevelopmentticdillorida.com Hearing before BCC Requested I tearing date: 6/24/08 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: ® Legally Required A resolution approving with conditions petition CCSL- 2008 -02 /AR -12877 requesting a variance from the Coastal Construction Setback Line (CCSL) to allow widening of the existing boardwalk and add a roof structure over the boardwalk, all of which are located on the property known as Ritz Carlton Hotel with a street address of 282 Vanderbilt Beach Road and more particularly described as Parcel 2.1, located in Section 32, Township 48 South, Range 25 East, Collier County Florida Does Petition Fee include advr, ising cost? XX Yes ❑ No If Yes, what account should be charged for advertising costs: /O! 017 0014102 Reviewed by: Division Head Date Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda Cite: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. .......................................... .............................., FOR CLERK'S OFFICE USE ONLY: Date Receive GrT 09 Date of Public hearing 4C 409 Date Advertised:&[86g 06/20/2008 10:00 2396436572 PAGE 01 17A COLLIER COUNTY FLORIDA RF.Q19 +S1 F0141 V(-'Al, AD1't:al'ISING C7P' Pl'BI,:IC' IIFARINC:S fo: Resit lu the Bonn(: Pleas'. place the InIIo sin., as a: 0' +mn.il Icu:Il Adwoli "':i XXXX Odle-: (Misplay Adv., loc•atinn, otc.) + /.M1.W1rx,vA.r kk AWt xWW}k +xxxYx%LrvA #!xx'YYT kkxfWAµYkhekYi Mn„ hW %,YihhehWpklfhhY4kAhk4hkAkkxhW uri aivali:ut I npl- Uic ('I')I °i,'F.nvu7��r ncntal Services Per::on Sumner Araque Cate: 5/22/08 VV' ninn Nn III noor give Kief dt,toI,W,t:I C'( SL- 20O8.02/AR -12877 r,>Ilrnnrr 'Nnmc A .iddleS0 I? i(7 Calton Hotel, 282 Vanderbilt Beach Road, Naples, FL, mote particularly described as Parcel 2.1, located in Section 32, Township 48 South. 16'We 2t Vast, Collier County Florida n. "tole ol any lei so. n(s) ro b: notif led by C'lerk's Office: (it more space is needed, attach sepu'ate ;hec') t r, ,nn f)rseioptne H. Hrlronio Oncgn (Agenn. PO Boa 1225. Naples. FL. 14106. Fax 41 -8560, Fmnil rosr,dcvelupn7en[(ncdi0orida -Coot I {igrine h @fore BCC Requr<ted Neorine (!Ae: 6/2410 Posed on ads eni;emerrt appearing 13 days before hearing. No, m be o+ed (Umople ^sod, i(onponatiC. C %X 4'yplrs I ):lily Nc,, other Legally Required Proro�cd 1,,t 0n0uoc legal drseripoon & common oeation & Size. k resolution approving with conditions petition CCSL- 2008 -02 1AR -12877 requesting a variance from the Coastal Construction Setback Line (CCSL) to allow widening of the existing boardwalk and add a roof structure over the boardwalk, all of which are located on the property known as Ritz Carlton Hotel with a street addreRs of 282 Vanderbilt Beach Road and more particularly described as Parcel !A. located in Section 32, Township 48 South, Range 25 Fast, Collier County Florida 11(,' Petition lice include aticcriising cost? XX Ves ❑ No If Yes, what account should be charged for odvcrtismi; �o�a78a3 Approved by: 05-16 -p1B Date Couniy Manager D18TR16UTION INSTRUCTION Date a, For hearings before BCC or UZA: Initiating person to complete one coy and obtain Division Head approval before submitting in County Manager. Note: If legal document is Involved, be sure tbt any necessary legal review, ar request for same, is submitted to County Attorney before submitting to County "instiller. The Manager's office will distribute copies: I, ") County Manager agenda ale: to ❑ Requesting Division ('lerk's Of re ❑ Original 14 t nc,r hearings_ Initiating Division head to approve and submit original to Clark's Offcc, rctainin i a copy for file •,..Yaaaaaaaaaayaaaaaaaaaaaaaaa a a a a a a a a a 0 a a a a a a a a a a a a a a a a a a a a a 0 a a a a a Y, FOR CI.FIRK'S CIFFIC'r, USE ONLY: flair heceis-d Date (ifPUblic hearing:. ___ Date Adverti+cd. 17A RESOLUTION NO. 08- A RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL - 2008 -02 1AR -12877 REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW WIDENING OF THE EXISTING BOARDWALK AND ADD A ROOF STRUCTURE OVER THE BOARDWALK, ALL OF WHICH ARE LOCATED ON PROPERTY KNOWN AS RITZ CARLTON HOTEL WITH A STREET ADDRESS OF 282 VANDERBILT BEACH ROAD AND MORE PARTICULARLY DESCRIBED AS PARCEL 2.1 LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Florida Department of Environmental Protection (FDEP) Division of Recreation and Parks requests a variance from the Coastal Construction Setback Line (CCSL) as required by the Collier County Land Development Code, Division 9.04.06, as amended, to widen the existing boardwalk two feet on each side for a total of four feet and construct a roof structure above the boardwalk to extend between the existing restaurant kitchen and restrooms; and WHEREAS, the proposed structures will extend thirty -eight (38) feet seaward of the adopted CCSL; and WHEREAS, the structures will extend further seaward than the building on the parcel immediately adjacent to the south of this property. WHEREAS, the subject property is located on the west side of Gulf Shore Drive immediately south of Vanderbilt Beach; and WHEREAS, the petition is consistent with the Collier County Land Development Code, Division 9.04.06, as amended; and WHEREAS, the petition is consistent with the Collier County Growth Management Plan, Conservation and Coastal Management Element. 17A NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSL - 2008 -01/ AR -12598 shall be approved subject to the following conditions: 1. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP), Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided to Collier County Environmental Services Review Staff, prior to issuance of a building permit. 2. Construction activities shall not occur within one - hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code, between May I and October 31, of each year, during the sea turtle nesting season, until construction is completed, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 3. The petitioner shall notify the Environmental Services Review Staff one week prior to commencing construction seaward of the CCSL and shall again contact said Staff within one week following completion of construction seaward of the CCSL. 4. Outdoor lighting associated with construction, or development within three- hundred (300) feet of the mean high water line, shall be in compliance with Collier County Land Development Code. 5. All areas seaward of the CCSL, outside of the footprint of approved structures, shall be left in their natural condition, or landscaped using native coastal dune or strand vegetation exclusively. 6. All prohibited exotic vegetation within each project site shall be removed before issuance of certificate of occupancy for any building. The petitioner shall re- vegetate areas seaward of the CCSL that are bare after exotic removal with coastal dune vegetation. The re- vegetation shall be completed, according to a plan submitted to and approved by Collier County Environmental Services Staff prior to the issuance of a certificate of occupancy. 7. The petitioner shall install appropriate signs in the re- vegetation area indicating that beach users are required not to intrude into this re- vegetation area. 8. In the case of the destruction of any structures seaward of the CCSL, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of their destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. Said reconstruction may require a new CCSL variance. 9. If construction has not commenced within 2 years of the approval of this variance, the petitioner shall consult with County staff to determine if any modifications will be required as a result of changes to the CCSL ordinances. 10. Minor revisions to this approval (including changes in siting and structures) may be approved, in writing, by Community Development Administrator, or his/her designee. 11. Structures must be designed and permitted pursuant to the Florida Building Code and must meet all design and elevation standards as mandated by current FEMA Flood Insurance Rate Mans. Anv variance to the mandated reouirements must be petitioned This Resolution adopted after motion, second and majority vote. DONE AND ORDERED this DATE: day of 2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: DWIGHT E. BROCK, Clerk DEPUTY CLERK Approved as to Form and Legal Sufficiency: Jeff ri t Ass ant County Attorney THOMAS HENNING, CHAIRMAN 17A r P � , 4 i �4 1 141 B g awS In! 4,1 Pei`d0l � er86p ^ u " F a fi" a e @ 3dF�B,��a9�9s�Bge��yg° C4pyykkSlk� @G'i'eE @ %i�e3A�oPtsFgfRe�A�B I i I A �E9 4F'C�8i75a I I 9 r F I i J p8gc�c' k M n.YS(ili. 9 . I � a k e P p { � f3 •� �� N� �M I � �\ w O aw'o �; .��e 8m ? $ spill ' </ QHv 5 1. ❑ I_ O F M F X i C 0 7A I �7 KLI- PROJECT LOCATION 17A CCSL - 2008 -02 AR -12877 Ritz Page 1 of 3 17 A Ann P. Jennejohn From: BrownAraqueSummer [SummerBrown @colliergov.net] Sent: Thursday, May 29, 2008 2:01 PM To: Ann P. Jennejohn Subject: RE: CCSL- 2008 -02 AR -12877 Ritz Carol put in a P.O. request for $500. The Req # is 10127823. Thanks for your help! Summer From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Thursday, May 29, 2008 1:58 PM To: BrownAraqueSummer Subject: RE: CCSL - 2008 -02 AR -12877 Ritz Thank you for your help, Summer. It will be advertised on Sunday, June 8th. From: BrownAraqueSummer [mailto :SummerBrown @colliergov.net] Sent: Thursday, May 29, 2008 1:32 PM To: Ann P. Jennejohn Cc: Mendicino, Carol Subject: RE: CCSL- 2008 -02 AR -12877 Ritz The LDC requires the Location Map. The map can be 2 x 3 inches. Here is the requirement as stated in the LDC: Notice of the time and place of the public hearing by the BCC shall be advertised in a newspaper of general circulation in the county at least one time and at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed variance. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. Carol Mendicino will contact you regarding the P.O. Summer B. Araque Senior Environmental Specialist /EAC Liaison Collier County Environmental Services Department 2800 N Horseshoe Dr. Naples, FL 34104 Phone: 239 - 252 -6290 My Desk Fax: 239 - 252 -6719 Aplease consider the environment before printing this email 6/4/2008 CCSL- 2008 -02 AR -12877 Ritz Page 2 of 3 17A From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Thursday, May 29, 2008 12:50 PM To: BrownAraqueSummer Subject: RE: CCSL- 2008 -02 AR -12877 Ritz I'm not sure. Does the map need to be included with the Resolution that will be advertised? If it's just a legal ad they generally run between $300 -$500 Also, the cost center numbers have changed for advertising. Finance now would like us to use P.O. numbers. You have to set up a P.O. number with Purchasing; that is the information I received from my supervisor. Let me know if I can help, o.k.? Ann 252 -8406 From: BrownAraqueSummer [ mailto :SummerBrown @colliergov.net] Sent: Thursday, May 29, 2008 12:41 PM To: Ann P. Jennejohn Subject: RE: CCSL- 2008 -02 AR -12877 Ritz Yes, page #2 (of 3) ends with condition #11. How much does the advertising cost? Thanks!! Summer B. Araque Senior Environmental Specialist/EAC Liaison Collier County Environmental Services Department 2800 N Horseshoe Dr. Naples, FL 34104 Phone: 239 - 252 -6290 My Desk Fax: 239 - 252 -6719 Aplease consider the environment before printing this email From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Thursday, May 29, 2008 12:08 PM To: BrownAraqueSummer Subject: CCSL- 2008 -02 AR -12877 Ritz 6/4/2008 CCSL- 2008 -02 AR -12877 Ritz Hi Summer, Page 3 of 3 17A Quick question. I'm getting that ad ready to send to the paper and I have a quick question for you. On the second page of the Resolution, I wanted to make sure the variance conditions ended with # 11. When I printed it, it almost looks like the page got cut off at the bottom; I want to make sure we have everything. Thanks! Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann. Jenne john @colt ierclerk.com) 6/4/2008 17A June 2, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Petition CCSL- 2008 -02 /AR -12877 Ritz Carlton Boardwalk Addition (Display Ad) Dear Legals: Please advertise the above referenced petition on Sunday, June 8, 2008 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. /Account #10127823 WE NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, June 24, 2008, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL- 2008 -02 /AR -12877 REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW WIDENING OF THE EXISTING BOARDWALK AND ADD A ROOF STRUCTURE OVER THE BOARDWALK, ALL OF WHICH ARE LOCATED ON PROPERTY KNOWN AS RITZ CARLTON HOTEL WITH A STREET ADDRESS OF 282 VANDERBILT BEACH ROAD AND MORE PARTICULARLY DESCRIBED AS PARCEL 2.1 LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator rp for to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380; Assisted listening devices for the hearing impaired are available in the County Commissioners, office. 17A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts June 2, 2008 bounty of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTOCIUSE 3301 TAMIAMI TRoAIL EAST P.O. BOX 413044`, NAPLES, FLORIDA -34101 -3044 Ritz Carlton Vanderbilt Beach Road Naples, FL 34108 RE: CCSL- 2008 -02 /AR -12877 Ritz Carlton Boardwalk Addition Dear Petitioner: 17A 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, June 24, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejo Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierelerk (aclerk.collier.fl.us Dwight E. Brock Clerk of Courts June 2, 2008 - - Gt4ity of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTF OUSE 3301 TAMIAMI T44LAIL EAST P.O. BOAC 413044, NAPLES, FLORIDA' j101 -3044 b Crown Development Herminio Ortega P.O. Box 1225 Naples, FL 34106 RE: CCSL- 2008 -02 /AR -12877 Ritz Carlton Boardwalk Addition Dear Petitioner: 17A 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, June 24, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK �iw A U o� Ann Jenne'oh J , Deputy Clerk Enclosure Phone - (239)732 -2646 Fax - (239)775 -2755 Website- www.clerk.collier.fl.us Email- collierelerk (a_clerk.collier.fl.us 17A Ann P Jennejohn To: legals @naplesnews.com Subject: Ritz Carlton Addition with 2X3 Map Attachments: CCSL - 2008 -02 AR- 12877.doc; CCSL - 2008 -02 AR- 12877.doc; Ritz.pdf Good Afternoon, Please advertise the attached Display Ad (where appropriate) with its accompanying 2x3 map on Sunday, June 8, 2008. Thank you, Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 ( ann.jennejohn@collierclerk.com) CCSL- 2008 -02 CCSL- 2008 -02 Ritz.pdf (22 KB) >R- 12877.doc (24 .. %R- 12877.doc (24 .. 1 Ann P. Jennejohn From: postmaster @collierclerk.com Sent: Monday, June 02, 2008 4:14 PM To: Ann P.Jennejchn Subject: Delivery Status Notification (Relay) Attachments: ATT205845.txt; Ritz Carlton Addition with 2X3 Map ATT205845.txt Ritz Carlton (229 B) Addition with 2X3... 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@ncplesnews.com Ritz Carlton Addition with 2X3 Map Ann P. Jennejohn From: Perrell, Pam [PPerrell @Naplesnews.com] Sent: Monday, June 02, 2008 4:39 PM To: Ann P. Jennejohn Subject: RE: Ritz Carlton Addition with 2X3 Map OK From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Posted At: Monday, June 02, 2008 4:14 PM Posted To: Legals - NDN Conversation: Ritz Carlton Addition with 2X3 Map Subject: Ritz Carlton Addition with 2X3 Map Good Afternoon, Page 1 of 1 17A Please advertise the attached _Display _Ad (where appropriate) with its accompanying 2x3 map on Sunday, June 8, 2008. «CCSL- 2008 -02 AR- 12877.doc>> «CCSL- 2008 -02 AR- 12877.doc>> <<Ritz.pdf>> Thank you, Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann.Jenne john@collierclerk.com) 6/2/2008 NAPLES DAILY NEWS Published Daih Naplcs. f L 34 102 Affidavit of Publication State of Florida County of Collier Before the undersigned tltcc scrcc as the authority. personally appeared B. Lamb_ vrho on oath says that they sere as the Assistant Corporate Secretarq or the Naples Dail}. a dnih nerespaper published at Naples. in Collier Count}. Florida. distributed in Collier and Lee counties or Florida_ thal the aaached copy or the advertising. being :I PUBLIC NOTICE in the matter or PUBLIC NOTICE ryas published in said newspaper I lime in the issue On June 81". 2008 VMaot lurch i sa, that the said A pl s D'ulr Nc,s Is a r rc paper luhh h d al \aplCl, n 10111er uwntc I onda and that th said n tr ptp r hwa hcl I llior b n C0r11rU0tV,1N publish din lid Collier ( ornix Il ri I i di trihul d in C Alm mid I unti s of Florida. a l d it and has I n nicr d a rd cI a it it nmtler at the post h in Vf1c, in aid C'olh r( natty, Ihndt for a period of 1 u nc\1 pn din6 the lirt publication o11hC uvaChCd copy oh id, Ili c, o ew, and r frml lurth or sn,Ihalh e ha, nail lh.r paid nor Isom,,d am poson. irm or coilioration any dimounl a hate, rani i on or t Iund I' or Ili s, porposc oif se unnt, this adr ei hsentent for puhh'aOnn nl th... of ncvapapu ( Signa (re of afftant) Sworn to and subscribed before fie -f11is 8 °1. Dar Of June 200'0 (Sigl'uurco tan p blic) — �:^'::7a'•• JUDY JANES t e.. C ommission DD 675029 p Via; Expires May 16, 2011 fi ref 5a>- zs,x3z- „n,, m ed IDm Tm Fain lnwlenae M 095]919 17A a C) V/ �3E, LU •3 [J s ri iM °o �m 3� zN,^D a?M ='v a N Of O J _o ✓, V � � r o O� c> n _ a n NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, June 24, 2008, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL - 2008 -02/AR -12877 REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW WIDENING OF THE EXISTING BOARDWALK AND ADD A ROOF STRUCTURE OVER THE BOARDWALK, ALL OF WHICH ARE LOCATED ON PROPERTY KNOWN AS RITZ CARLTON HOTEL WITH A STREET ADDRESS OF 282 VANDERBILT BEACH ROAD AND MORE PARTICULARLY DESCRIBED AS PARCEL 2.1 LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380; Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONER COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk New yQ,.771445614 IIIIIIIIII'A obw e n EA 1 a ,max nm �C PROJECT LOCATION I 4 N4i1 �� 14 II NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380; Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONER COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk New yQ,.771445614 IIIIIIIIII'A obw ORIGINAL DOCUMENTS CHECKLIST & ROUTING S TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V 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 1 1. .....io.o.h. �h —Viiq and forward to Sue Filson (line #5). exception of the Chairman's signature, draw a line thro u Route to Addressee(s) (List in routing order Li of u„,.. ,.._ ... _..__...._, -- Office Wtill _i tt,tUo;l Initials ��11' Date 6/25/08 2. Initial Applicable) 3. 6/24/08 Agenda Item Number 17A 4. Original document has been signed /initialed for legal sufficiency. (All documents to be SBA 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original I 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 Summer Araque Phone Number 252 -6290 Contact Initial Applicable) Agenda Date Item was 6/24/08 Agenda Item Number 17A Approved by the BCC Original document has been signed /initialed for legal sufficiency. (All documents to be SBA Type of Document Resolution Number of Original I by the Office of the County Attorney. This includes signature pages from ordinances, Documents Attached Attached resolutions, etc, signed by the County Attorney's Office and signature pages from nvc,rniTP,lrinNS ,G CHECKL ST 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 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not Initial Applicable) appropriate. 1. Original document has been signed /initialed for legal sufficiency. (All documents to be SBA 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 SBA 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 SBA signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip ti l i 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 �tLnm �i'i Div l(enter date) and all SBA 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 17A 4� MEMORANDUM Date: June 27, 2008 To: Summer Araque Environmental Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -193: CCSL -02 /AR -12877 Ritz Carlton Board Walk Attached, please find one copy of the document as referenced above (Agenda Item #17A) adopted by the Board of County Commissioners on Tuesday, June 24, 2008. If you have any questions, please call me at 252 -8406. Thank you. 17A RESOLUTION NO. 08- 193 A RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL - 2008 -02 /AR -12877 REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW WIDENING OF THE EXISTING BOARDWALK AND ADD A ROOF STRUCTURE OVER THE BOARDWALK, ALL OF WHICH ARE LOCATED ON PROPERTY KNOWN AS RITZ CARLTON HOTEL WITH A STREET ADDRESS OF 280 VANDERBILT BEACH ROAD AND MORE PARTICULARLY DESCRIBED AS PARCEL 2.1 LOCATED IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Florida Department of Environmental Protection (FDEP) Division of Recreation and Parks requests a variance from the Coastal Construction Setback Line (CCSL) as required by the Collier County Land Development Code, Division 9.04.06, as amended, to widen the existing boardwalk two feet on each side for a total of four feet and construct a roof structure above the boardwalk to extend between the existing restaurant kitchen and restrooms (Exhibit "A" and `B "); and WHEREAS, the proposed structures will extend thirty-eight (38) feet seaward of the adopted CCSL; and WHEREAS, the structures will extend further seaward than the building on several parcels north of Vanderbilt Beach Road; and WHEREAS, the subject property is located on the west side of Gulf Shore Drive immediately south of Vanderbilt Beach; and WHEREAS, the petition is consistent with the Collier County Land Development Code, Division 9.04.06, as amended; and WHEREAS, the petition is consistent with the Collier County Growth Management Plan, Conservation and Coastal Management Element. l7A Al NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSI, 2008 -02/ AR -12877 shall be approved subject to the following conditions: 1. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP), Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided to Collier County Environmental Services Review Staff, prior to issuance of a building permit. 2. Construction activities shall not occur within one - hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code, between May 1 and October 31, of each year, during the sea turtle nesting season, until construction is completed, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 3. The petitioner shall notify the Environmental Services Review Staff one week prior to commencing construction seaward of the CCSL and shall again contact said Staff within one week following completion of construction seaward of the CCSL. 4. Outdoor lighting associated with construction, or development within three- hundred (300) feet of the mean high water line, shall be in compliance with Collier County Land Development Code. 5. All areas seaward of the CCSL, outside of the footprint of approved structures, shall be left in their natural condition, or landscaped using native coastal dune or strand vegetation exclusively. 6. All prohibited exotic vegetation within each project site shall be removed before issuance of certificate of occupancy for any building. The petitioner shall re- vegetate areas seaward of the CCSL that are bare after exotic removal with coastal dune vegetation. The re- vegetation shall be completed, according to a plan submitted to and approved by Collier County Environmental Services Staff prior to the issuance of a certificate of occupancy. 7. The petitioner shall install appropriate signs in the re- vegetation area indicating that beach users are required not to intrude into this re- vegetation area. 8. In the case of the destruction of any structures seaward of the CCSL, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of their destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. Said reconstruction may require a new CCSL variance. 9. If construction has not commenced within 2 years of the approval of this variance, the petitioner shall consult with County staff to determine if any modifications will be required as a result of changes to the CCSL ordinances. 10. Minor revisions to this approval (including changes in siting and structures) may be approved, in writing, by Community Development Administrator, or his/her designee. 11. Structures must be designed and permitted pursuant to the Florida Building Code and must meet all design and elevation standards as mandated by current FEMA Flood Insurance Rate Maps. Any variance to the mandated requirements must be petitioned separately from this petition. 2 This Resolution adopted after motion, second and majority vote. DONE AND ORDERED this a ydh of. da Y Sum , 2008. DATE: ATTEST: D WIGH,,E OCK, Clerk t T f C J10 as i 101m and Legal Sufficiency: k Je , ri t Assi ant County Attorney 3 17A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: THOMAS HENNING, CHAIR AN Item # ilp Agenda /„ v'� Pate t�J Q�_�)o Date Recd m x 601 Cr r.q. � |� |) !) !| , } , } ■ 9.0 ^�� -- � \\ |f R \ PH . -_ - § � \ � \ � /ƒ \\ ` ƒ � 4 �!. ! ;! 17A )) / \ / \ ! , \ \ , ! � ! \ � � \ / \ ! , \ \ , { , Z Z ! / , m s t �I cr 9 � 0 7e r� a g n z 17A IOD 17B 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) ;tf k; 414! }4f 4441441,: #I4444it1414f44f4444tf 444f 41fff 444if 1414441444f4 h4444444fI44ii4441i44444444 ff444f Originating Dept/ Div: Comm.Dev.ServJPlanning Person: Ashley Caserta Date: Petition No. (If none, give brief description): SNR- 2008 -AR- 12854, Hamilton Harbor PUD YVW4.-r t osl- � Petitioner: (Name & Aedress): Mr. Christian Spilkeq Hamilton Harbor Marina Inc, 3003 Tamiami Test N, Suite 400, Naples, FL 34103 Name & Address of any persons) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date June 24.2008 Based on advertisement appearing 15 days before hearing. Newspapers) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: SNR- 2008 -AR- 12854, Christian Spilker of Hamilton Harbor Marina, Inc., requesting a street name change. The application proposes to change Fern Street to Hamilton Avenue. The stied length is +I-Z300 feet with I I parcels abutting the street. The site is located in Section 23, Township 50 South, Range 25 East, Collier County. Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number (4500085418) Reviewed by: ` rJA�L`Mo Department Head Date List Attachments: Approved by: County Manager Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Had approval before submitting to County Manager. Note: II 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: Ir itiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *** t* i!* Y* * *fft # *f,rt # # ## #4* #t*t*kttt4i R# I**###* 4# #t ## #*fff# # # # ## ##k1t ;;t ;;M *tt #f *f t*R#t #1# #1 # *ARt *tf• FOR CLERK'S OFFICE USE ONLY: Date Received: -F—�'-1S Date of Public hearing: Date Advertised: RESOLUTION NO 08 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RENAMING FERN STREET TO HAMILTON AVENUE, WHICH STREET IS LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the legislature of the State of Florida by enacting Section 336.05, Florida Statutes, has conferred on all counties in Florida the power to name or mname streets and roads, except for certain state roads; and WHEREAS, the County pursuant thereto has adopted Collier County Ordinance No. 07 -62, codified as Chapter 22, Article X, of the Code of Laws and Ordinances of Collier County, Florida, and establishes criteria and procedures to rename streets or roads; and WHEREAS, the Collier County Board of County Commissioner; (Board), has held a public hearing after providing notice as required by said ordinance and has considered the advisability to grant the request by Harnilton Harbor Marina, Inc., to rename Fem Street to Hamilton Avenue, which is located in Section 23, Township 50 South, Range 25 East, Collier County, Florida; and WHEREAS, the Board has determined that all criteria set forth in Ordinance No. 07-62, have been met and specifically finds that there is no other street in incorporated or unincorporated Collier County with the same name or any similar sounding name as is being requested; and WHEREAS, the Board has determined that it is necessary for identification purposes to confirm the name of the street. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Effective the date of hearing, the name of this street described in the above recitals is changed from FERN STREET to HAMILTON AVENUE, and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and referenced upon the maps of the street, any applicable plat(s), and in the zoning atlases of Collier County. Page 1 oft 17 ESL_°0. This Resolution adopted after motion, second and super majority vote Done this day of , 2008 ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk TOM HENNING, CHAIRMAN APPyked as to Form and Legal Sufficiency: 1 J tight A County Attorney ACW 178 May 28, 2008 Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: SNR- 2008 -AR -12854 Hamilton Harbor PUD Dear Legals: Please advertise the above referenced notice on Sunday, June 8, 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. #4500085418 NOTICE OF PUBLIC HEARING 17 B Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, June 24, 2008 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RENAMING FERN STREET TO HAMILTON AVENUE, WHICH STREET IS LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. Petition: SNR- 2008 -AR- 12854, Christian Spilker of Hamilton Harbor Marina, Inc., requesting a street name change. The application proposes to change Fern Street to Hamilton Avenue. The street length is +/ -2,300 feet with 11 parcels abutting the street. The site is located in Section 23, Township 50 South, Range 25 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may he allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING. CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 179 -County ofCollier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044`.: NAPLES. FLORIDA J'�I01 -30144 May 28, 2008 Mr. Christian Spilker Hamilton Harbor Marina, Inc. 3003 Tamiami Trail N., Suite 400 Naples, FL 34103 Re: Notice of Public Hearing to consider Petition: SNR- 2008 -AR -12854 Hamilton Harbor PUD 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, June 24, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK alt,(,( 6 c� 0 .� Ann Jennej ohn, Deputy Clerk Enclosure 2 -2646 Fax - (239)775 -2755 Website- www.clerk.collier.il.us Email- collierclerk (a-�clerk.collier.tl.us Ann P. Jennejohn To: legals @naplesnews.com Subject: SNR- 2008 -AR -12854 Hamilton Harbor Attachments: SNR- 2008- AR- 12854.doc, SNR - 2008- AR- 12854.doc Good Afternoon, Please advertise the attached on Sunday, June 8, 2008 Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 ( ann.jennejohn@collierclerk.com) 1 176 SNR- 2008 -AR -1285 SNR- 2008 -AR -1285 Thank you, 4 doc (23 KB) 4.doc (25 KB) Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 ( ann.jennejohn@collierclerk.com) 1 176 l Ann P. Jennejohn From: postmaster @collierclerk.com Sent: Wednesday, May 28, 2008 3:06 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT126412.txt; SNR- 2008 -AR -12854 Hamilton Harbor 3 LI ATT126412.txt SNR - 2008 -AR -1285 (229 s) 4 Hamilton Har... 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 SNR- 2008 -AR -12854 Hamilton Harbor 178 Ann P. Jennejohn From: Perrell, Pam [PPerrell @Naplesnews.com] Sent: Wednesday, May 28, 2008 3:20 PM To: Ann P.Jennejohn Subject: RE: SNR- 2008 -AR -12854 Hamilton Harbor 1012 From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Posted At: Wednesday, May 28, 2008 3:06 PM Posted To: Legals - NDN Conversation: SNR- 2008 -AR -12854 Hamilton Harbor Subject: SNR - 2008 -AR -12854 Hamilton Harbor Good Afternoon, Please advertise the attached on Sunday, June 8, 2008. Thank you, «SNR- 2008- AR- 12854.doc>> «SNR- 2008- AR- 12854.doc>> Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann. Jenne john @collierclerk.com) 5/28/2008 Page 1 of 1 NAPLES DAILY NEWS Publislied Dirk Naples. FL 34 I o2 Affidavit of Publication State of Florida County of Collier Before the undersigned IheN serge as the autliorit). personalh appeared B. Lamb_ )rho on oath sacs thal the- serve as the Assistant Corporate Secretan of the Naples Dailc. a daik nempaper published at Naples. in Collier Count } °. Florida: distributed in Collier and Lee counties of Florida: Thal the attached copy of the advertising. being a )tas published in said ne))spaper On June 8 ". 2008 .A thrill lint har Ills,, that Iha said Aaplcs I)mIN .News is a ncospaper Published at K lip lcs- in Collier count, I londa and that the said newspaper has hcrctofore been conVnuously published in said Collier Counl,, Honda. distributed in Col Iicrand Lcc counties of Florida. each day and has been entered a, second class mail matter at the post office in Naples in said Collier Connh; Florida, for a period of I ycar next preceding the first publ Lee bon ottho anached copy of adcertI sent eIll. and aIii air t Bather says that he has neither paid nor promised any person_ Grni oI eorpomhcn cols diacounL lobate. commission ar refund fix the purpose ofxecuring lltis ach'erlisement Ilx pub Gcati��n ii� x Ba ld:Gd ncr ( Signature of affiam) SIN orn to and subscribed before me Phis 8 °i. DaN Of JunC 2009 (SO )(111-co otarc ublic) PNSLIC NEMUNG. HW ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP �^�— � ((-- �( TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO (cam C_to 0 u THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU n Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip d 7 documents are to be forwarded to the Board Office only after the Board has taken action on the item.) iJ 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 aianah,re ds.0 a uu..h.,,�„a..,....:__ .:__- �, .. . _. _...._ _...._ see(s) , ,,,,,, ,.. „uuu ,,,.,, curn ,era me cnecKUSt, and Office forward to Site Filson Initials line #5). Date ff2. CDES Administration (Initial) (,�a5)og Zonin and Land Dev. Review 3. June 24, 2008 Agenda Item Number 17B 4. contracts, agreements, etc. that have been fully executed by all parties except the BCC 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original 1 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 Ashley Caserta Phone Number 252 -2942 Contact Senior Planner, (Initial) A licable) Zonin and Land Dev. Review Agenda Date Item was June 24, 2008 Agenda Item Number 17B Approved b the BCC contracts, agreements, etc. that have been fully executed by all parties except the BCC Type of Document SNR Resolution (AR- 12854) Number of Original 1 Attached dwritten strike - through and revisions have been intialed by the County Attomey's Documents Attached TNCTUrTrTin)ve R. nvc�.ry vo. w a.aaavvaWlPl 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) A licable) 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 from pages ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from 11%C contracts, agreements, etc. that have been fully executed by all parties except the BCC man and Clerk to the Board and ossibl State Officials .) dwritten strike - through and revisions have been intialed by the County Attomey's and all other artin exce t the BCC Chairman and the Clerk to the Board hairman's signature line date has been entered as the date of BCC approval of the ff ent or the final ne otiated contract date which i licable. here" tabs are placed on the appropriate pages indicating where the Chairman's re and initials are re ied. t 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 4N-1G time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 06/24/08_ and all changes made during the meeting have been incorporated 1n the attached document. The County Attorney's Office has reviewed the changes, if applicable. 17B ` MEMORANDUM Date: June 26, 2008 To: Ashley Caserta, Senior Planner Zoning and Land Development Review From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -194 Renaming Fern Street to Hamilton Avenue Enclosed for your records, please find a copy of the document referenced above (Agenda Item #1711) adopted by the Collier County Board of County Commissioners on Tuesday, June 24, 2008. If you should have any questions, please feel free to contact me at 252 -8406. Thank you. Enclosures (4) 178 MEMORANDUM Date: June 26, 2008 To: Kevin Rambosk, UnderSheriff Sheriff s Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Notification of a Street Rename for the records of the Collier County Sheriffs Department Resolution 2008 -194: Renaming Fern Street to Hamilton Avenue Attached, for your records, you will find a copy of the document referenced above, (Agenda Item #17C) adopted by the Collier County Board of County Commissioners on Tuesday, June 24, 2008. The original Resolution is being held in the Minutes & Records Department as part of the Board's permanent record. If you have any questions, please call me at 252 -8406. Thank you. Enclosure Retn: 4183471 OR: 4373 PG: 2702 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FEE 18.50 INTEROFFICE 4TH FLOOR 06/27/2008 at 08:22AM DWIGHT F. BROCK, CLERK COPIES 230 BKT 8406 RESOLUTION NO 08 - 194 'i 7 B RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RENAMING FERN STREET TO HAMILTON AVENUE, WHICH STREET IS LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the legislature of the State of Florida by enacting Section 336.05, Florida Statutes, has conferred on all counties in Florida the power to name or rename streets and roads, except for certain state roads; and WHEREAS, the County pursuant thereto has adopted Collier County Ordinance No. 07 -62, codified as Chapter 22, Article X, of the Code of Laws and Ordinances of Collier County, Florida, and establishes criteria and procedures to rename streets or roads; and WHEREAS, the Collier County Board of County Commissioners (Board), has held a public hearing after providing notice as required by said ordinance and has considered the advisability to grant the request by Hamilton Harbor Marina, Inc., to rename Fern Street to Hamilton Avenue, which is located in Section 23, Township 50 South, Range 25 East, Collier County, Florida; and WHEREAS, the Board has determined that all criteria set forth in Ordinance No. 07 -62, have been met and specifically finds that there is no other street in incorporated or unincorporated Collier County with the same name or any similar sounding name as is being requested; and WHEREAS, the Board has determined that it is necessary for identification purposes to confirm the name of the street. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Effective the date of hearing, the name of this street described in the above recitals is changed from FERN STREET to HAMILTON AVENUE, and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and referenced upon the maps of the street, any applicable plat(s), and in the zoning atlases of Collier County. Page I of 2 * ** OR: 4373 PG: 2703 * ** This Resolution adopted after motion, second and super majority vote. 17 e Done this ATTEST: ay4h day of 1-wat, '2008 DWIGHT E. BROCK, CLERK COLLIER,,�-Q �i,'TY, FLORIDA B A"t as t leikaC. signatw ilk « Appr ed as to Form and Legal Sufficiency: f Jeff right Assi t County Attorney AC/hr BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Page 2 of 2 17C 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.) u*#af uf• aafaaRea*! fu* laa++ a* afaaaRfwaff# fafuauRaaafRaaaRaaaaefafRaaaaa ++aifaaaHfau #faaa#aafa#a Originating Dept/ Div: Comm.Dev.Serv./Planning P VSdn ch, I)rP,/ Dater 2�j5 Petition No. (If none, give brief description): PUDZ- 2006-AR-91Oaks C1AM / /In" (�J Petitioner: (Name & Address): Mr. Dwight Nadeau, RWA, Inc., 6610 Willow Park 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) Hearingbefore BCC BZA Other Requested Hearing date: June 24, 2008 Based on advertisement appearing 15 days before hearing. Newspapers) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition PUDZ- 2006 -AR -9143. Standing Oaks, L.L.C., represented by Dwight Nadeau, of RWA, Inc. and Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson, P.A., requesting a rezone from Rural Agricultural (A) to Residential Planned Unit Development (RPUD) to be (mown as Standing Oaks PUT). The 41.1± acre Rural Agricultural zoned site is proposed to permit 164 single and multifamily residential dwelling units at a density of 4 units per acre. The subject site is located at 6473 Standing Oaks Lane, 6400 Standing Oaks Lane, and 6565 14,s Avenue N.W., in Section 31, Township 48 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO # 4500085418 Reviewed by: Approved by: dam, ` —n s-Ay op epartment Head Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. #* Y# t#**# Rf#### a##**## f* i*##** iRRf*# iRRff# ##a ** # ##af1# #laii*R1 *i*#ffR#f *f Rait * *lf lfRR #! * *ftRRRli#i Rf♦ FOR CLERK'S OF ICE U E ONLY: Date Received: Z 9 to of Public hearing: Date Advertised: 17 C ORDINANCE NO. 08- AN ORDINANCE AMENDING ORDINANCE NUMBER 2004 -41, 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 RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO BE KNOWN AS THE STANDING OAKS RPUD, FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 41.11 ACRES; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau, of RWA, Inc. and Richard D. Yovanovich Esquire, of Goodlette, Coleman & Johnson, P.A., representing Standing Oaks, L.L.C., 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 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to Residential Planned Unit Development (RPUD) Zoning District in accordance with the attached Exhibits "A" through "F;' which are incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Page 1 of 2 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 OF COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency: , Deputy Clerk 1" Marjorie M. Student- Stirling Assistant County Attorney By: TOM HENNING, CHAIRMAN Exhibit "A ": Permitted Uses Exhibit "B ": Development Standards Exhibit "C ": Master Plan Exhibit "D ": Legal Description Exhibit "E ": List of Requested Deviations from LDC Exhibit "F': List of Developer Commitments PUD &A0. - 9143 /St ding Oa Ordin=W 3 -05 -08 Page 2 of 2 17C TRACT "R" TRACT "RA" TRACT "P" EXHIBIT A PROJECT LAND USE TRACTS TYPE UNITS. ACREAGE± RESIDENTIAL 164 31.38 RECREATION AREA 0 1.15 PRESERVE 0 8.57 Total 164 41.1 I TRACT "R° PERMITTED USES: 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) Single- family detached dwellings; 2) Single- family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 3) Villa/patio dwellings (detached single - family dwellings of a smaller scale than the typical single - family detached dwelling.); 4) Multi- family dwellings; 5) Agricultural land uses, such as cattle/horse grazing, on an interim basis until a site development plan (SDP), or plat is approved for land uses permitted by this RPUD. 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. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: private garages, swimming pools with or without screened enclosures. 1) Model homes (limited to 10 model units/homes — see Deviation #3 in Exhibit E); 2) Project sales, construction and administrative offices, which may occur in residential, and/or in temporary buildings. A -1 t ItT✓%r l7C II TRACT "RA" PERMITTED USES: 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) One private clubhouse, intended to provide social and recreational space; 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements /facilities, and passive and/or active water features. B. Accessory Uses: Customary accessory uses or structures incidental to recreation areas and/or facilities, including structures constructed for purposes of maintenance, storage or shelter. III TRACT "P" PERMITTED USES: 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) Native preserves. 2) Water management structures. 3) Mitigation areas. 4) Pervious hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. A -2 EXHIBIT B RESIDENTIAL DEVELOPMENT STANDARDS GENERAL: l7C Development of the Standing Oaks RPUD 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. Table I below sets forth the development standards for land uses within the RPUD. 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 SDP or Subdivision plat. Figures 2 and 3 generally depict typical development standards for each residential product type. 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. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B -1 17C�, TABLE DEVELOPMENT STANDARDS SINGLE DETACH ACHED SATTACHEDI &Y I PATIO HOME 8. FAMILY RECREATION RECREATION TOWNHOUSE IL BUILDINGS PRINCIPAL STRUCTURES FRONT YARD S.P.S. S.P.S. S.P.S. MINIMUM LOT AREA 5,000 S.F. PER 2,250 S.F. PER 2,250 S.F. PER 10,000 S.F. 10,000 S.F. S.P.S. UNIT UNIT UNIT 5 FEET 5 FEET MINIMUM LOT WIDTH 50 FEET 25 FEET 35 FEET 100 FEET 100 FEET MINIMUM FLOOR AREA 1,000 S.F 1,000 5.F 1,000 S.F 1,000 S.F. N/A MIN FRONT YARD 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET MIN SIDE YARD 6 FEET 0 FEET or 3 FEET or GREATER OF 6 15 FEET 6 FEET 9 FEET FEET OR 1/2 BH MIN REAR YARD 15 FEET 15 FEET 15 FEET 15 FEET 10 FEET MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN 12 FEET 12 FEET 12 FEET GREATER OF72 15 FEET STRUCTURES FEET OR '/2 Sum Of BH MAXIMUM BUILDING HEIGHT 2 STORIES NTE 2 STORIES NTE 2 STORIES NTE 3 STORIES NTE 2 STORIES NTE (ZONED 35 FEET 35 FEET 35 FEET 40 FEET 40 FEET MAXIMUM BUILDING HEIGHT 45 FEET 45 FEET 45 FEET 50 FEET 50 FEET (ACTUAL( ACCESSORY STRUCTURES FRONT YARD S.P.S. S.P.S. S.P.S. S.P.S. 20 FEET SIDE YARD S.P.S. S.P.S. S.P.S. S.P.S. 'h BH REAR YARD 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 12 FEET 12 FEET 12 FEET GREATER OF 12 FEET OR 1/2 SUM of BH GREATER OF 15 FEET OR lh BH MAXIMUM OVERALL BUILDING HEIGHT 2 STORIES NTE 35 FEET 2 STORIES NTE 35 FEET 2 STORIES NTE 35 FEET 2 STORIES NTE 40 FEET 2 STORIES NTE 35 FEET BH = Building Height; NTE = Not To Exceed; S.P.S. = Same as Principal Structures. Em 17C ' ' Notes: 1) No structures are permitted in the required 20 -foot lake maintenance easement No setback is required for structures adjacent to a lake maintenance easement. 2) Side yards — No side yard shall be required between traits when more than one residential unit is in a single structure (i.e.: attached single- family and townhomes). Varying side yards are provided to allow side entry garages and to maintain the required separation between buildings. 3) Two or three story multi - family structures may have terraced setbacks. Terraced setbacks shall be measured from the ground floor exterior wall, as long as a minimum 15 -foot building wall setback is provided as depicted in Figure 1 below. 4) No encroachments shall be permitted within required buffers except as provided for by the LDC 5) No building shall be greater than 2- stories, and zoned building heights are not to exceed 35 feet within the easternmost 140 -foot strip of the RPUD as depicted on the RPUD Master Plan (Exhibit C), as a grey shaded area. 6) For all residential units, garages must be located a minimum of 23 feet from the back of the sidewalk located in the street rights -of -way closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be provided to avoid vehicles being parked across a portion, or all of the referenced sidewalk PFC ? =G V IA= y 7 tic s� Figure 1 1E 1D FOOT MINIMUM ACCESSORY STRUCTURE SETBACK MOM PRESERVE i7c �I PRESERVE 5' MIN. REAR YARD ACCESSORY STRUCTURE SETBACK ED 15' MIN. REAR YARD PRINCIPAL I STRUCTURE SETBACK 25 FOOT MINIMUM PRINCIPI ACC. STR. STRUCTURE SETBACK_ FROM PRESERVE 1 'I 6' MIN. 12' MIN. 6' MIN. �-6' MIN. SIOE YARD PRINCIPAL STRUCTURE SETBACK I I PRINCIPAL STRUCTURE (WP.) I I I I I FRONT YARD PRINCIPAI_yI_ _ - - -- - �� STRUCTURE SETBACK 21 r3 23 MM. RDW� - SIOFWAU BACK OF CURB 10' LENIERUNE� - -- ACC. STIR. = ACCESSORY STRUCTURE TYPICAL SINGLE FAMILY DETACHED HOME LAYOUT NOT TO SCALE NOT DRAWN PROPORTONALLY BACK OF CURB 0' CENTER - - - LINE -r� ACC. STE. - ACCESSORY STRUCTURE TYPICAL SINGLE FAMILY ATTACHED & TOWNHOME LAYOUT NOT TO 5CALE NOT DRAWN PROPORTIONALLY Figures B -4 PRESERVE 5' MIN. REAR YARD ACCESSORY STRUCTURE SETBACK _ 10 FOOT MINIMUM ACCESSORY 15' MIN. REAR YARD PRINCIPAL STRUCTURE SETBACK N I STRUCTURE SETBACK FROM PRESERVE -NO SIDE YARD REQUIRED FOR I ATTACHED PRINCIPAL UNITS 25 EMT MINIMUM PRINCIPAL STRUCTURE SETBACK FROM PRESERVE 12' I I MIN. PRINCIPAL STRUCTURE 6' MIN, SIDE YARD PRINCIPAL (TYP.) I STRUCTURE SETBACK I FRONT YA`ID PRINCIPAL I STRUCNRE SETBACK -_ 20' MIN. -Y - MIN. BACK OF CURB 0' CENTER - - - LINE -r� ACC. STE. - ACCESSORY STRUCTURE TYPICAL SINGLE FAMILY ATTACHED & TOWNHOME LAYOUT NOT TO 5CALE NOT DRAWN PROPORTIONALLY Figures B -4 r J IAT1�N,x0irir rm¢ Io°i °'°a °frm° °,n �°°° �M MrrY YmF MYl c mWm :pQiO11amm�"i °in orvwn n M w.m Iwm.- wm,r 7 I EXHIBIT C MASTER PLAN 17C manes ts.aoa,W'°'�rm'•:w.r'°'.a! O au gala.°. a mNMlal aaa ma ° rm . al>ic ry for m p ®arm rw° a Iwlla n +la nle aowws. Mau rav+ .amour u i rarr1pXU a unr�r "col° rxN6rc �n �rne+,rg1dAraoa.°` ..�rz warn oe�o°'I -'mas eT011 f rrzaN!'°0t�0fmaac I w re za N•Arw IWCIIr OR. OR rw wmrr FEN _ w.°r N.nW.a o bN 1 aozlxml�° HFYM fl4A�r Y Fa OPII N 2 . •.1MC }:. . . . SEE EXHIBIT 'F.' OF RPUD ORDINANCE O3 wmrari mrJ �r�iu th iNn yYa' IMn �� Im± erTM°.a •Y °� � Ur �L! I! IM ll1➢� rnz X coal NK � qav Ma �>�z�. • ex •�� W r/ ras SEE EXHIBIT •E OF I'm'°m'B'"T �OOf1i°n' �'•/ °Op RPUD ORDINANCE I. M rYIIY M YM.KIIa Yar1 Y, M M YMR N/11 MIL n NafirL aX�lYL °I MWK i M ala{ mt'YVJ1. M° Ci11.YMlMIM O M IM° °TMdM° oaxm �r mnv a rrrmY� a aelaroll°II rizrs ur A. AGRIT - ! gam oenr ° rw asvly a ammW Wrolm n M YDOT POND PONU IIJJ I T' V'E TTT] TT II !-I Ir aI -nar - �ArAf vllarra® nulm awc f � vM carom INrrom rwWw J_c"'' Imrt I !. I -J! ' WT YrM /FEHCE/WAU O 01,1 2 STMmINOW ®LAYS .• —W � W 'Rr 1PR11YL prrMr I SEE EXHIBIT 'F' OF 1 II RPUD ORDINANCE I i- ICI I SEE EXHIBIT 'E OF 119 i RPUD ORDINANCE 1 E ESTATES. li 1 SINGLE FAMILYYOMES II 1 I —rmK e 1 aRG f I a °a ream a®„ SEE EXHIBIT •i 0 i! RPUD ORDINANCE t I � 1 I I r v....,.. I =...0 I STANDING OAKS L.L.0 I— STANDING OAKS �B �ir..ra•rfr.lf RP/JD AGb7F9f PLAN °a'•'�..ir�a. Exhibit Date 5/28/08 C -1 / I mere I \ I \ rwm0 I \ p I I \ I II ' �� R iNn yYa' IMn �� Im± erTM°.a •Y °� � Ur �L! I! IM ll1➢� rnz X coal NK � qav Ma �>�z�. • ex •�� W r/ ras SEE EXHIBIT •E OF I'm'°m'B'"T �OOf1i°n' �'•/ °Op RPUD ORDINANCE I. M rYIIY M YM.KIIa Yar1 Y, M M YMR N/11 MIL n NafirL aX�lYL °I MWK i M ala{ mt'YVJ1. M° Ci11.YMlMIM O M IM° °TMdM° oaxm �r mnv a rrrmY� a aelaroll°II rizrs ur A. AGRIT - ! gam oenr ° rw asvly a ammW Wrolm n M YDOT POND PONU IIJJ I T' V'E TTT] TT II !-I Ir aI -nar - �ArAf vllarra® nulm awc f � vM carom INrrom rwWw J_c"'' Imrt I !. I -J! ' WT YrM /FEHCE/WAU O 01,1 2 STMmINOW ®LAYS .• —W � W 'Rr 1PR11YL prrMr I SEE EXHIBIT 'F' OF 1 II RPUD ORDINANCE I i- ICI I SEE EXHIBIT 'E OF 119 i RPUD ORDINANCE 1 E ESTATES. li 1 SINGLE FAMILYYOMES II 1 I —rmK e 1 aRG f I a °a ream a®„ SEE EXHIBIT •i 0 i! RPUD ORDINANCE t I � 1 I I r v....,.. I =...0 I STANDING OAKS L.L.0 I— STANDING OAKS �B �ir..ra•rfr.lf RP/JD AGb7F9f PLAN °a'•'�..ir�a. Exhibit Date 5/28/08 C -1 l7C 1C EXHIBIT D LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER (1/4) SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A THE NORTHEAST CORNER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 31, S.02 "08'39"E. FOR 1803.77 FEET; THENCE LEAVING SAID EAST LINE OF SECTION 31, N.70 °32'29 "W. FOR 198.48 FEET: THENCE S.89 020'05 "W. FOR 476.19 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 845, PAGE 267, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID PARCEL BOUNDARY, THE FOLLOWING TWO (2) DESCRIBED COURSES; 1) THENCE N.02 °08'46 "W. FOR 72.85 FEET; 2) THENCE N.89-58'1 2"W. FOR 135.23 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT - OF -WAY LINE OF FLORIDA INTERSTATE 75, AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP SECTION 03175 -2403; THENCE ALONG SAID EASTERLY RIGHT -OF -WAY LINE, N.1 8-20-16-W. FOR 1,758.79 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SECTION 31; THENCE ALONG THE NORTH LINE OF SAID SECTION 31, S.89 058'52 "E. FOR 1,287.12 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 41.1 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, (1999) ADJUSTMENT. 17C EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Subsection 5.04.04.13.5.c., that limits the number of model homes in a single development to five, to allow one model home for each variant of the residential product proposed in the project, not to exceed 10. Deviation #2 seeks relief from LDC Subsection 5.03.02.C. I. that requires fences /walls to be no greater than six feet in height. A fence /wall height greater than six feet, but not to exceed twelve feet, is permitted by this RPUD, and is graphically depicted below. The fence /wall associated with the perimeter buffering shall be located at the southern and eastern boundaries of the subject property. UP TO "' 9' MAY �UP TO 17_' MAXIMUM HEIGHT VARY MAXIMUM HEIGHT IMPROVED GRADE EXISTING �R, 3' GRADE _ MAY VARY FENCE /WALL OPTION 1 FENCE /WALL OPTION 2 Deviation #3 seeks relief from LDC Subsection 5.03.02.C.1. that requires fences /walls to be no greater than six feet in height. A sound attenuation wall and/or wall/ berm combination greater than 6 feet in height, but not to exceed 20 feet shall be permitted by this RPUD Ordinance. The wall and/or wall /berm combination shall be located along the western boundary of the property at a distance of 10 feet from the I -75 right -of- way corridor. E aaw. T 1a IQOMII i1E�nwY" 0"F�- 76°R°M{I' I Y" AON PROPOM FNIIM® aMne I P4MRNG DW 2W TYPE '7 BUFFER OFnoN i R 1171 7P TYK -or lNFPFIe ■ow. T esnwrFn. etc eoV R lw�r MML I amm utoni= OF ►-76 W AIN= AlrVI D MWO oMM I FLANI C m Ott — +- AWw 2W 7YFE 'CF BUFFER OPTION 2 EXHIBIT F LIST OF DEVELOPER COMMITMENTS TRANSPORTATION l7C A. A 185 foot long northbound left turn lane from Oakes Boulevard onto Shady Oaks Lane, and a 185 foot long southbound right turn lane from Oakes Boulevard onto Standing Oaks Lane shall be constructed by the developer prior to the commencement of on -site construction. See exhibits below. II III III III EXISTING s• 1I I� SIDEWALK I 60' ROW _ i_ aS III III I I II 1111 I � ip 111 II 11 66 1 b0' I 3� { `nEDIAN LANDS 1, "I'll I I' S'HNI Pf COG )INAIH2 W I H IHF ANUS SNALL IIE DE4 nEU A'M1 I = LINE OC CGONtt R GH'- of -wAY =HM 11 M'ROVAL SHADY OAKS LANE I .D I I 1 STRIPE 1I I II SS' MARKLRS —1 u II II 50 I �1 II III ,6_I III I ROW ROW � I a OAKES BOULEVARD & SHADY OAKS LANE TURN LANE & INTERSECIION IMPROVEMENTS N T.5. F -1 N.T.S. . I .I I� I' ExISIINC e• II „ SlUtwgLK TY�I II I III MARKCRS III II „ TY�I II I III 60' ROW 12 II nF EXO NC 8' L SIDEWALK III II II I mn 0 1 35' � 5O' S7'ANDWG OAKS LANE OAKES BOULEVARD & STANDING OAKS LANE & INTERSECTION IMPROVEMENTS N.T.S. 7 ))YVJ'y 17C F -2 B. Shady Oaks Lane and Standing Oaks Lane shall be improved by the developer to a County approved width and thickness, with accompanying 5 -foot wide sidewalks on each side connecting to Oakes Boulevard, and shall be completed prior to the issuance of the first certificate of occupancy (Please see Section C -C on Exhibit "C ", RPUD Master Plan). The necessary stormwater and drainage improvements shall be incorporated into the project without cost to Collier County. 60' EASEMENT 10' PAVEMENT 1 10' PAVEMENT TYPICAL EASEMENT CROSS SECTION NfS. C. The developer, its successors in title, or assigns shall operate, maintain, bond and insure (through the appropriate mechanism), both bridges over the D2C -00 Canal associated with Shady Oaks Lane and Standing Oaks Lane, in perpetuity. The County shall be granted perpetual access across both of the bridges. D. The developer shall construct three southbound lane deflections at the intersections of Oakes Boulevard, Bur Oaks Lane, Hidden Oaks Lane, and Golden Oaks Lane for traffic calming. These three intersections intended to be altered are in addition to the intersection improvements set forth above, and as depicted on the RPUD Master Plan, Exhibit "C The three referenced intersections proposed for alteration shall contain the following elements: a. 80 foot medians to the north and south of the intersections to be curbed, filled, and planted with materials to be coordinated with the Oakes Estates Advisory, htc., and defined at the time of County right -of -way permit approval; b. Gored -out striping shall be added for an additional 180 feet beyond each median, to the north and south; c. The median proposed north of the intersection of Oakes Boulevard and Shady Oaks Lane shall also be curbed, filled, and planted with the same landscape materials consistent with Subparagraph a, above. The three intersection improvements are depicted below. F -3 _Xn WYn I eG H/1 1 i i;l• i I I I i 180 STRIPE MARKLRS /)! IN 1171 NG 8' SJEWALK 'YPF "fJ' +— - ------------ CJRH 10.66' 80 OF ME WIDIAN 17C MEDIAN LANDSCAPE MATERIALS SPALL BE COORDINATED WITH THE OAKS ES'A'FS ADVISORY, INC., AND SHAD BE DEF'IN -0 AT TFF TIME OF COUNTY RIGHT OF WAY P -RM 1 APPROVAL — M'_ :!V ANLi5LA1 MA-FR 41 I ALL 9E C(: i6DINAIFO W IH fHl OAK F�'A�FS L t.— ADVISORY INC. AND TYPE. "D" SHALT BF ,E FIN4D CURB 80 AT 'I' TIME OF COUNTY RIGHT OF `h'AY �� —� � PERM APPROVAL EXIST'. NG —� - -' I. 8' SIDEWALK STRIPE N,ARKERSF —+I I,I i I 180 I ii al Io I I -�IDN_N CAKS ,NE OAK =� L�LV7 TRA I C' CA MI '\C i/IL IL 17C I �IIIII 2' IYPICAF � � I �I� I FX S NE BC STR t I NARKHZS I� h 1 iY =- .. i l SE'�A RE n MFDIAN IAN DSCA F 'JI O AI ::URH I I ')4D NA II I I OAKS rS' /LS -� A VISORY IX AN HAI HF A NI D l O.66 Al HE THE U RIC.Ii -O> -WAY WID'- ._- &0 FHM I AFVHC MEDIAN BUR OA_ KS LANE y I �- TY IJRR 80 II I F;( tiT NG 5' SOi.N /_K I -� �TRI =E I � � I �n w lrnl I� I I II �O Inn. ,I•�, i _. R -O gin. L4� i Ii i 9UR OAKS & OAK. f <i 7RA= C CAI VIAG OF All M _DIAN AN 4 M kIA � SHAI 1 RE COORDINATFV J H -H K FSTA'FS ADVISORY ;IN ; 1 4 FINFD A -HE -b UONIi R ,HT —OF -WAY PERMIT F -5 12' / !_ TYFICAI - E%11INC 8' S i 180 MAFKF R= I TYPE "D" � r I COR5 1 r I GOLDEN OAKS LANE \ TYPE "D° CURR - EXISTINC f 8' SIDEWAL4 �I � I1 II NARKERS 17C MEN AN - ANDSCAPF MA ERIAI S SHALL BE GORDINAT-D INJ- THE SAS ESTATES ADVSCRY INC. AN-) TALL 13L D- NLU DE I'll) 50 A' `HE IME Cl C'--'\ Ty RIG- T C- WAY UEDIAN . °ERMIT A I- ROVAL I\ I 80 I I m i 74' I Go' -77N :,n-:S /\Nl TR."! cA. V Nc F) FIn 180 MEI)'AN AN J�CAPE M! -tlld 5 4iAl L Bt � =RDINATED NIT:- I I OA{ I INFS PDVICORY N AN L) AI I HI ):.1NLD A I IF D' C L^ ✓ r21 G i1 r WAY )LIMIT < �GVAS F -6 17C t E. All improvements to Oakes Boulevard, and related intersections referenced in Commitment D above, shall to be completed within six months of approval of the next development order, whether SDP, or subdivision plat approval, whichever comes first. F. A single construction entrance shall be identified at the next development order approval, whether SDP, or subdivision plat for the RPUD, with input from Oakes Estates Advisory, Inc. ENVIRONMENTAL A. At the time of SDP or plat approval, the northeastern 0.70 acres of the Preserve Tract that was disturbed for the placement of storage sheds shall be planted with sub- canopy and herbaceous native vegetation in an effort to re- create /enhance the native preserve. B. A Preserve Area and Gopher Tortoise Management Plan has been provided to Environmental Services Staff for approval prior to site /construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. This Plan is Exhibit P of the EIS, and shall be the regulatory instrument for the implementation of the Preserve Area and Gopher Tortoise Management Plan relating to exotics removal, gopher tortoise fencing, gopher tortoise habitat restoration, gopher tortoise management and preserve signage. UTILITIES AND ENGINEERING The developer shall reserve one area to be granted to Collier County Water and Sewer District for a raw water well easement with dimensions of 40 feet by 50 feet, and a utility/access easement 20 feet in width shall be provided unless the well site is contiguous to a public right -of -way, in which case the easement should be at least 15 feet wide. The approximate location of this easement is depicted on the RPUD Master Plan. This grant shall occur at the time of SDP, or final plat approval for the area within the development phase that contains the well site. At the time of the SDP and/or plat submittal, the developer shall provide the well site easement that meets the standard setback requirements for water wells. The County shall compensate the developer for the well easement dedication through impact fee credits based on the fair market value of the land intended to be dedicated. PLANNING A. The developer shall install a combination 6 to 8 foot high wall /berm along the southern border of the RPUD prior to the issuance of first residential certificate of occupancy. B. The developer shall install a combination 6 to 8 foot high wall/berm along the eastern border of the RPUD prior to the issuance of first residential certificate of occupancy. C. The timelines for PUD sunsetting of Section 10.02.13.13 of the LDC shall be tolled until such time as: (1) the I- 75 /Immokalee Road Interchange improvements being made by the FDOT shall be substantially complete; and (2) the improvements to Vanderbilt Beach Road from Airport Road to Collier Boulevard (CR -951) shall be substantially complete. D. No certificates of occupancy (COs) shall be issued until: (1) the I- 75 /Immokalee Road Interchange improvements being made by the FDOT are substantially complete; and (2) the improvements for Vanderbilt Beach Road from Airport Road to Collier Boulevard (CR -951 are substantially complete. E. The perimeter landscape buffer that would normally be required to be planted between the residential development and the property line shall be planted on the outside of the sound attenuation wall and /or berm referenced in Deviation #3 of Exhibit E. F -7 -) �VrnV- 17C May 30, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ - 2006 -AR -9143: Standing Oaks Dear Legals: Please advertise the above referenced notice on Sunday, June 8, 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. #4500085418 17C NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, June 24, 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 AMENDING ORDINANCE NUMBER 2004 -41, 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 RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO BE KNOWN AS THE STANDING OAKS RPUD, FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 41.1 + /- ACRES; AND BY PROVIDING FOR AN EFFECTIVE DATE. Petition: PUDZ- 2006 -AR -9143, Standing Oaks, L.L.C., represented by Dwight Nadeau, of RWA, Inc. and Richard D. Yovanovich, Esquire, of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., requesting a rezone from Rural Agricultural (A) to Residential Planned Unit Development (RPUD) to be known as Standing Oaks PUD. The 41.1+/ - acre Rural Agricultural zoned site is proposed to permit 164 single and multifamily residential dwelling units at a density of 4 units per acre. The subject site is located at 6473 Standing Oaks Lane, 6400 Standing Oaks Lane, and 6565 14th Avenue N.W., in Section 31, Township 48 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 rp for to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted 17C 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. 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380; assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) - Cnuntyof Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY �OURT `OUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044, NAPLES, FLORIDA`�}101 -3044 May 30, 2008 RWA, Inc. Dwight Nadeau 6610 Willow Park Drive, Suite 200 Naples, FL 34109 Re: Notice of Public Hearing to consider Petition PUDZ- 2006 -AR -9143: Standing Oaks Dear Petitioner: 17C -- 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, June 24, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejar'° V Deputy Clerk Enclosure Phone - (239)732 -2646 Fax - (239)775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk a�clerk.collier.fl.us Dwight E. Brock Clerk of Courts May 30, 2008 runty of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY �OURT OUSE 3301 TAMIAMI Tl2,AIL EAST P.O. BOX 413044, NAPLES, FLORIDA`�4101 -3044 r Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A. Richard Yovanovich, Esquire 4001 North Tamiami Trail, Suite 300 Naples, FL 34103 Re: Notice of Public Hearing to consider Petition PUDZ- 2006 -AR -9143: Standing Oaks Dear Petitioner: 17C 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, June 24, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK I.JIJm- a� Q C Ann Jennej , Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax (239) 775 -2755 Website- www.clerk.eollier.fl.us Email- collierclerkC aclerk.collier.fl.us Ann P Jennejohn To: legals @naplesnews.com Subject: PUDZ - 2006 -AR -9143 Standing Oaks Attachments: PUDZ - 2006- AR- 9143.doc; PUDZ- 2006- AR- 9143.doc Please advertise the attached on Sunday, June 8, 2008. 0 PUDZ - 2006 -AR -914 3.doc (24 KB) Thank youl Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 ( ann.jennejohn @colliercierk.com) PUDZ- 2006 -AR -914 3.doc (26 KB) 17C 17C Ann P Jennejohn From: postmaster @collierclerk.com Sent: Friday, May 30, 2008 4:08 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT173705.txt, PUDZ - 2006 -AR -9143 Standing Oaks l 3 AT7173705.txt PUDZ - 2006 -AR -914 (229 B) 3 Standing Oak... 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 -9143 Standing Oaks Ann P. Jennejohn From: Ferrell, Pam [PPerrell @Naplesnews.com] Sent: Monday, June 02, 2008 8:37 AM To: Ann P.Jennejohn Subject: RE: PUDZ- 2006 -AR -9143 Standing Oaks OK From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Posted At: Friday, May 30, 2008 4:08 PM Posted To: Legals - NDN Conversation: PUDZ- 2006 -AR -9143 Standing Oaks Subject:PUDZ- 2006 -AR -9143 Standing Oaks Please advertise the attached on Sunday, June 8, 2008. Thank you! Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann.jenne john @col I ierclerk.com) 6/2/2008 <<P U DZ- 2006 -AR -9143. d oc>> 17cPage 1 of 1 <<P U DZ- 2006- AR- 9143.doc>> NAPLES DAILY NEWS Published Daik NaDlcs. FL 3410? Affidavit of Publication Before the undersigned IheN• senn as the authorm. personaltc appeared B. I ,nib_ kcho on oath says that IheN serNc as the Assistant Corporate Secrderc of the !Naples Daik. a daily net+spaper published at Naplcs. in Collier Counh. Florida. distributed in Collier and Lee counties of Florida_ that the anached copy of the adccrtising, being a ttas published in said neospaper I time in the issue On Jmtc 8'a, 2008 Wianl thriller says that fhc raid Naples Dailc Acres is a net+.apap T Published at Naplcs. in collier auw ,. I londa and that the raid nctrsp:gtor has her clofirrc been amlinuousk publi,vhcci in ,cold (',,tiler Counh_ liorida. dnlrlbuted in Collier .md Lce counties ul 1'lorida. uh day and hao, barn enterod as second class mail manor at the post of nt A:giles, in said (olli Cr Comth. Florida for d period of I I ear ,,Cal fit ecedhtg Iha tirsl publicGoil of the atta died ropy of udcm11 sensnL and alllmrl fort hor sa}s that he has neither paid nor proutised anc person, firm or corporation diN dl5.aanl. rebate, commission or refund torthe purpose of securing this ark ftISCment for puhl"aron in the said ncrrspaper. ---- 13 Signature of affiant) Sicorn to and subscribed before me Flits 8'I'. Dac Of June 2008 �J (Sign lure orlfum pu tic) 17C I CoPe o} thee tWo PO }ee o 'Ith h, Clen Il the �erq:artd ara`Wrefleple preAll IMer. IP erW Pe h�� ORIGINAL DOCUMENTS CHECKLIST 8z ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. 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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. 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 possibly State Officials.) t 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. t 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 away o ur deadlines! t 7— document was approved by the BCC on nter 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. t t M 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- 30 AN ORDINANCE AMENDING ORDINANCE NUMBER 2004 -41, 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 RURAL AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO BE KNOWN AS THE STANDING OAKS RPUD, FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 41.1± ACRES; AND BY PROVIDING FOR AN EFFECTIVE DATE. 17L WHEREAS, Dwight Nadeau, of RWA, Inc. and Richard D. Yovanovich Esquire, of Goodlette, Coleman & Johnson, P.A., representing Standing Oaks, L.L.C., 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 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to Residential Planned Unit Development (RPUD) Zoning District in accordance with the attached Exhibits "A" through "F," which are incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, the Collier County Land Development Code, is /are hereby amended accordingly. Page 1 of 2 7C SECTION TWO: 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 24's day of June, 2008. ATT EST Dwight 9. Brockl Clerk By:J??Y A« p i�;�}a,IrW,'5 Deputy Clerk stanau" onl '" 1 0 p y Approved as to for and legal sufficiency: 71� 3%1. >0��uf �2 Marjori M. Student- tiding Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLL COUNTY, FLORIDA By: TOM HENNING, CHAIRM Exhibit "A ": Permitted Uses Exhibit "B ": Development Standards Exhibit "C ": Master Plan Exhibit "D ": Legal Description Exhibit "E ": List of Requested Deviations from LDC Exhibit "F ": List of Developer Commitments NUDZ -AR- 9143 /SCmding Oaks /Ordinance/ 3 -05 -08 Page 2 of 2 I EXHIBIT A PROJECT LAND USE TRACTS 17C 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) Single- family detached dwellings; 2) Single - family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 3) Villa /patio dwellings (detached single - family dwellings of a smaller scale than the typical single- family detached dwelling.); 4) Multi- family dwellings; 5) Agricultural land uses, such as cattle/horse grazing, on an interim basis until a site development plan (SDP), or plat is approved for land uses permitted by this RPUD. 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. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: private garages, swimming pools with or without screened enclosures. 1) Model homes (limited to 10 model units/homes — see Deviation #3 in Exhibit E); 2) Project sales, construction and administrative offices, which may occur in residential, and /or in temporary buildings. I IITV%g- A -1 TYPE UNITS. ACREAGE+ TRACT "R" RESIDENTIAL 164 31.38 TRACT "RA" RECREATION AREA 0 1.15 TRACT "P" PRESERVE 0 8.57 Total 164 41.1 TRACT "R" PERMITTED USES: 17C 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) Single- family detached dwellings; 2) Single - family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 3) Villa /patio dwellings (detached single - family dwellings of a smaller scale than the typical single- family detached dwelling.); 4) Multi- family dwellings; 5) Agricultural land uses, such as cattle/horse grazing, on an interim basis until a site development plan (SDP), or plat is approved for land uses permitted by this RPUD. 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. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: private garages, swimming pools with or without screened enclosures. 1) Model homes (limited to 10 model units/homes — see Deviation #3 in Exhibit E); 2) Project sales, construction and administrative offices, which may occur in residential, and /or in temporary buildings. I IITV%g- A -1 II TRACT "RA" PERMITTED USES: 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) One private clubhouse, intended to provide social and recreational space; 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements /facilities, and passive and /or active water features. B. Accessory Uses: Customary accessory uses or structures incidental to recreation areas and/or facilities, including structures constructed for purposes of maintenance, storage or shelter. III TRACT "P" PERMITTED USES: 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) Native preserves. 2) Water management structures. 3) Mitigation areas. 4) Pervious hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. A -2 EXHIBIT B GENERAL: RESIDENTIAL DEVELOPMENT STANDARDS 17C C - Development of the Standing Oaks RPUD 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. Table I below sets forth the development standards for land uses within the RPUD. 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 SDP or Subdivision plat. Figures 2 and 3 generally depict typical development standards for each residential product type. 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. Condominium, and /or homeowners' association boundaries shall not be utilized for determining development standards. [is TABLE I 17C FRINCIPAL..:$TRU4 TURES MINIMUM LOT AREA 5,000 S.F. PER 2,250 S.F. PER 2,250 S.F. PER 10,000 S.F. 10,000 S.F. SIDE YARD UNIT UNIT UNIT S.P.S. �/2 BH MINIMUM LOT WIDTH 50 FEET 25 FEET 35 FEET 100 FEET 100 FEET MINIMUM FLOOR AREA 1,000 S.F 1,000 S.F 1,000 S.F 1,000 S.F. N/A MIN FRONT YARD 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET MIN SIDE YARD 6 FEET 0 FEET or 3 FEET or GREATER OF 6 15 FEET BH = Ruildino Hrio6t- 6 FEET 9 FEET FEET OR 1/2 BH MIN REAR YARD 15 FEET 15 FEET 15 FEET 1 5 FEET 10 FEET MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN 12 FEET 12 FEET 12 FEET GREATER OF] 2 15 FEET STRUCTURES FEET OR i/2 Sum of BH MAXIMUM BUILDING HEIGHT 2 STORIES NTE 2 STORIES NTE 2 STORIES NTE 3 STORIES NTE 2 STORIES NTE (ZONED) 35 FEET 35 FEET 35 FEET 40 FEET 40 FEET MAXIMUM BUILDING HEIGHT 45 FEET 45 FEET 45 FEET 50 FEET 50 FEET (ACTUAL) ACCESS+ Iitf TIIPd TURFS FRONT YARD S.P.S. S.P.S. S.P.S. S.P.S. 20 FEET SIDE YARD S.P.S. S.P.S. S.P.S. S.P.S. �/2 BH REAR YARD 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 12 FEET 12 FEET 12 FEET GREATER OF 12 FEET OR 'h SUM of BH GREATER OF 15 FEET OR Y2 BH MAXIMUM OVERALL BUILDING HEIGHT 2 STORIES NTE 35 FEET 2 STORIES NTE 35 FEET 2 STORIES NTE 35 FEET 2 STORIES NTE 40 FEET 2 STORIES NTE 35 FEET BH = Ruildino Hrio6t- NTE = Not To Exceed; S.P.S. = Same as Principal Structures. Um Notes: l7C 1) No structures are permitted in the required 20 -foot lake maintenance easement No setback is required for structures adjacent to a lake maintenance easement. 2) Side yards — No side yard shall be required between units when more than one residential unit is in a single structure (i.e.: attached single- family and townhomes). Varying side yards are provided to allow side entry garages and to maintain the required separation between buildings. 3) Two or three story multi - family structures may have terraced setbacks. Terraced setbacks shall be measured from the ground floor exterior wall, as long as a minimum 15 -foot building wall setback is provided as depicted in Figure I below. 4) No encroachments shall be permitted within required buffers except as provided for by the LDC. 5) No building shall be greater than 2- stories, and zoned building heights are not to exceed 35 feet within the easternmost 140 -foot strip of the RPUD as depicted on the RPUD Master Plan (Exhibit C), as a grey shaded area. 6) For all residential units, garages must be located a minimum of 23 feet from the back of the sidewalk located in the street rights -of -way closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be provided to avoid vehicles being parked across a portion, or all of the referenced sidewalk 0'1 Figure 1 10 FOOT MINIMUM ACCESSORY STRUCTURE SETBACK FROM PRESERVE 25 FOOT MINIMUM PRINCIPAL STRUCTURE SETBACK FROM PRESERVE PRESERVE F______ ACC. STR. 6' MIN. I I FRONT YARD PRINCIPAL STRUCTURE SETBACK ~I _ 12' MIN. PRINCIPAL STRUCTURE (TYP.) l7c 5' MIN. REAR YARD ACCESSORY STRUCTURE SETBACK ///15' MIN. REAR YARD ?RINCIPAL / STRUCTURE SETBACK IL I MIN. �-fi MIN. SIDE YARD PRINCIPAL STRUCTURE SETBACK I I L3 - - 123' MIN. BACK OF CURB 10' CENTERLINE ACC. STR. = ACCESSORY STRUCTURE TYPICAL SINGLE FAMILY DETACHED HOME LAYOUT NOT TO SCALE NOT DRAWN PROPORTIONALLY PRESERVE 10 FOOT MINIMUM ACCESSORY - STRUCTURE SETBACK FROM PRESERVE 25 FOOT MINIMUM PRINCIPAL STRUCTURE SETBACK FROM PRESERVE 12' MIN. FRONT YARD PRINCIPAL STRUCTURE SETBACK BACK OF 10' ACC. STR. = ACCESSORY STRUCTURE F 3' TYPICAL SINGLE FAMILY ATTACHED & TOWNHOME LAYOUT NOT TO SCALE NOT DRAWN PROPORTIONALLY Figures 2 5' MIN. REAR YARD ACCESSORY 1 STRUCTURE SETBACK j 15' MIN. REAR YARD PRINCIPAL STRUCTURE SETBACK -NO SIOE YARD REQUIRED FOR ATTACHED PRINCIPAL UNITS I I �6' MIN. SIDE YARD PRINCIPAL STRUCTURE SETBACK I TR C'LPF S, AV N RlK C, Il� T lt If vil If T m Figures 3 17C !k N I�AR 'AID 1 pd RIC, LOSE I C_ SIN" "1 411 1 TV 4.,C ISOF Illp LI'li 2', COT 1 f`KC K7 M N Ift �t '3ICK —1 F ano C"N 1-If ICC AfICFSSf,II TTRt�C LRF CA' A',P tinl MIN. NEAR YI I AC!,F SCIY 'j'r rI\C4 .aCiAAGK 11W �IEIEII .1dIll- 11 p NCT'll sl�-' 1, It )v -11, R Y M M S -XV'P'T Yqh 11 P11 zo �'oCFF�: IF To TR C'LPF S, AV N RlK C, Il� T lt If vil If T m Figures 3 17C !k N I�AR 'AID 1 pd RIC, LOSE m�+.>� I, mDR Euc u�nECrox e.w�In�. ,N. wns ra P""Ynvw°pioE11N'"n i iiron IrcrF'�'rm m�Eli[m �ors4.wrv10i "e�DU'i+x'o• a[WMN R[IXa , ®[vlgX a.N.%C, ,w O3 IrW[i3[�4[nWl LXNJrtGFARA iWN ExCCD r.EVxWrtN3 IaIN. PLbRrEp n 1M[ W4 MNrIC WPII'U'MC.Vp_r RlNtm R iM f4GF/IMLI ACS[RY� YIrN [M. nf,1YRP &YIOMD flV.l. xf IM ,Ea Ai ,11[ [M•NAX EtlfpN ®IXpN.C9 d iX[ Ep41[C, Elgp[RIr. 4P LO lC' A IMUY e ecrr OR. EXHIBIT C MASTER PLAN Cfq:Yn /WIE W E M CIIGRI[ MM a 2EI 'N IFiiCIHi�A yDUND A1h� npN Yw NNp� w e[w caww.lw N TR � R f W -NU ro eYGrxp REi YWl aE RInIs[o CRpIWCC M[ YW. NM/gl i:iiN mra°0iun w ,oi[e.°OE,m iI" -Ew xBO.vGCwD•"reeow.i" Fsw APP1pMI xl MAiE gQAOWAY CICMM EIFVIS OF -15 5 OD F RN GROPOSCD FlNBNED GPAOF. I UP iU 20' YAYXNM NEICXC OR. ENmxc CNAOE Exslxp y. MAT FENCE/WALL Emi-15 awx uP A ,r C NiI NiAp AY i vAM YAxiuuY oPi1oN 1 cnOYN EL V ON wPROxn NEIL W oP ->a n s FENCION I cRADE� ABOVE PRDRAX. OPiiON t �FlNISrED cwix. 4AT VAT' � y M.RV \ / FENCE/WALL I 07DON i - - -_ _ vARr Ec ro zD' IMPIpVEO 1MiIMUY I �� "/ CRAOE NExaNi�� TVLT'P q[4EIM LS> % IC 0 Ya)vS n Sil.pl RlO 4 iOT4 NI.Ip �� IYVE N RpErER ITpI V110 UR y;RFR PRp aEO - Rmwlm xA *x nRfyFTt -'Nss ./- "CBEs PENYFRII NIImwNiproEp riM KCnAnon AcIIES SEE EXHIBIT •E- OF RPUD ORDINANCE I. a [ fI4:1R3 µp MPIp2YFMy 9MOM1 W iXb Wp Y4alG MS SH.VI 2 M DSAiN. LNGipN..WD CDW Y OC M 4MJ nFIprFYpl,g nw4 pp emxm Ar mNFn aPr Arolwr, w c4sRMenox RIANy NNO q, AGRICULTURE - rca Pr RIPw awm . mN po4lPrwn or oEV iss IpE i n mE £DOT POND EXHIBIT a[CI[ 4 I$ 1 J' -IS iIMV VART F.0 W. F OPTION 2 OPTION 2 lu�nanausura —= SEE EXHIBIT "F" OF RPUD ORDINANCE SEE EXHIBIT -E" OF PpppyEp RPUD ORDINANCE PERwflEN rMa. E. ESTATES. SINGLE FAM/L Y HOMES ESNE Y0IINW. U411CD ro . INit . Nm ro tu[D JS NV. m YT f01R11 IN ry, NIM •r 1. RNp NN.NWCC. armranc¢ri»r — _ _ W YIDtW YIDt I p r' I SEE EXHIBIT "F' 0 RPUD ORDINANCE • •� - ' STANDING OAKS LLC. ..... ,• -r STANDING OAKS 1+ �n.cW V M�[t��j4e4 :xhibit Date 6 /04 /OR IT l l7C cl 1 4 \\ I iFACC IN(E r M['V BUrFER TMCC \ ,\ \\ r \\ I I I I 1 \ SEE EXHIBIT -E- OF ,\i\ \\ RPUD ORDINANCE. rA°if[1piu[io xmE I O 2�— -- m=a I \ RR A q3 ^i Y�4 LIN 1,,11 •r I'\ i me wlp ua inrcr AcRU4 uxns Nrwl� - TVLT'P q[4EIM LS> % IC 0 Ya)vS n Sil.pl RlO 4 iOT4 NI.Ip �� IYVE N RpErER ITpI V110 UR y;RFR PRp aEO - Rmwlm xA *x nRfyFTt -'Nss ./- "CBEs PENYFRII NIImwNiproEp riM KCnAnon AcIIES SEE EXHIBIT •E- OF RPUD ORDINANCE I. a [ fI4:1R3 µp MPIp2YFMy 9MOM1 W iXb Wp Y4alG MS SH.VI 2 M DSAiN. LNGipN..WD CDW Y OC M 4MJ nFIprFYpl,g nw4 pp emxm Ar mNFn aPr Arolwr, w c4sRMenox RIANy NNO q, AGRICULTURE - rca Pr RIPw awm . mN po4lPrwn or oEV iss IpE i n mE £DOT POND EXHIBIT a[CI[ 4 I$ 1 J' -IS iIMV VART F.0 W. F OPTION 2 OPTION 2 lu�nanausura —= SEE EXHIBIT "F" OF RPUD ORDINANCE SEE EXHIBIT -E" OF PpppyEp RPUD ORDINANCE PERwflEN rMa. E. ESTATES. SINGLE FAM/L Y HOMES ESNE Y0IINW. U411CD ro . INit . Nm ro tu[D JS NV. m YT f01R11 IN ry, NIM •r 1. RNp NN.NWCC. armranc¢ri»r — _ _ W YIDtW YIDt I p r' I SEE EXHIBIT "F' 0 RPUD ORDINANCE • •� - ' STANDING OAKS LLC. ..... ,• -r STANDING OAKS 1+ �n.cW V M�[t��j4e4 :xhibit Date 6 /04 /OR IT l l7C cl 1 VICINITY MAP -hTyx)-)- c -z I?/ OAKES i • i `MALIBU �, LAKE iii �J__ °�� °��' � / /l %/ � • • .. . ME SHADY OAKES AM 0 /.. , lia ' .■■v��p� ■E 1.1 om VICINITY MAP -hTyx)-)- c -z I?/ EXHIBIT D LEGAL DESCRIPTION 1 7 n A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER (1 /4) SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A THE NORTHEAST CORNER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 31, S.02 °08'39 "E. FOR 1803.77 FEET; THENCE LEAVING SAID EAST LINE OF SECTION 31, N.70 032'29 "W. FOR 198.48 FEET: THENCE S.89 020'05 "W. FOR 476.19 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 845, PAGE 267, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID PARCEL BOUNDARY, THE FOLLOWING TWO (2) DESCRIBED COURSES; 1) THENCE N.02 °08'46 "W. FOR 72.85 FEET; 2) THENCE N.89 °58'12 "W. FOR 135.23 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT - OF -WAY LINE OF FLORIDA INTERSTATE 75, AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP SECTION 03175 -2403; THENCE ALONG SAID EASTERLY RIGHT -OF -WAY LINE, N.18 °20'16 "W. FOR 1,758.79 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SECTION 31; THENCE ALONG THE NORTH LINE OF SAID SECTION 31, 5.89 058'52 "E. FOR 1,287.12 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 41.1 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, 1983 NORTH AMERICAN DATUM, (1999) ADJUSTMENT. 3)7rryyy EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC 17C Deviation #1 seeks relief from LDC Subsection 5.04.04.B.5.c., that limits the number of model homes in a single development to five, to allow one model home for each variant of the residential product proposed in the project, not to exceed 10. Deviation #2 seeks relief from LDC Subsection 5.03.02.C.1. that requires fences /walls to be no greater than six feet in height. A fence /wall height greater than six feet, but not to exceed twelve feet, is permitted by this RPUD, and is graphically depicted below. The fence /wall associated with the perimeter buffering shall be located at the southern and eastern boundaries of the subject property. UP TO 12' MAXIMUM HEIGHT EXISTING GRADE FENCE /WALL OPTION 1 9' MAY VARY MPROVED GRADE -� 3' \ MAY VARY FENCE /WALL OPTION 2 UP TO 12' MAXIMUM HEIGHT Deviation #3 seeks relief from LDC Subsection 5.03.02.C.1. that requires fences /walls to be no greater than six feet in height. A sound attenuation wall and /or wall berm combination greater than 6 feet in height, but not to exceed 20 feet shall be permitted by this RPUD Ordinance. The wall and/or wall /berm combination shall be located along the western boundary of the property at a distance of 10 feet from the 1 -75 right -of- way corridor. R IR 1 -75 -- 20' TYPE "D" BUFFER R.O.W. ESTIMATED, APPROXIMATE ROADWAY 10' CROWN ELEVATION OF 1 -75 IS 6' t- MIN. ABOVE PROPOSED FINISHED GRADE. I -- -_ -_ -- 20' MAX. REQUIRED PLANTING AREA Z ESTIMATED, APPROXIMATE ROADWAY CROWN ELEVATION OF 1 -75 IS 6' ABOVE PROPOSED FINISHED GRADE. 20' TYPE "D" BUFFER OPTION 1 R -75 20' TYPE "D" BUFFER R.O.W. 0' T MIN. REQUIRED PLANTING -�_ -- - - --- AREA 20' MAX. 20' TYPE "D" BUFFER OPII0N 2 GRADE EXHIBIT F LIST OF DEVELOPER COMMITMENTS TRANSPORTATION 17C A. A 185 foot long northbound left turn lane from Oakes Boulevard onto Shady Oaks Lane, and a 185 foot long southbound right turn lane from Oakes Boulevard onto Standing Oaks Lane shall be constructed by the developer prior to the commencement of on -site construction. See exhibits below. Ili 24 III I,I III I-x SnNC s' SIU. -WALK l i SiRWL ___ VIARKtRS II 60' HOW 1__ IYu �I I N' SIRIPi II I MAHKE -0S _. III I II ICII y �rs'I 1 SO' 3� MCDAN :ANn SCA'IT MATS RIALS 'S0 1FAll HI GUCRDNAIFO WI -H III OAKS FSIA f ti AI)V IDFf ', INC_, AND 5-A-L 3E MEHNED Al THE DIME 0,7 COUNTY ROI17 01 WAY -' I'ENMIf AI''ROVAE SHADY OAKS .. LANE 150' I , -I - 5j110' 11 -I84' 11 I VIII I!I C OAKFS BOULEVARD & SHADY OAKS LANE TURN LANE & INTERSECTION IMPROVEMENTS N.T.S F -I N.T.S. FXISIING 8' sI1>F WAS.. K STRIP f:_ - - �1 -- �� -� - -- —. MARKERS 4' it 11 11' I Yi I I 60' ROW —i — FXISTINC 8' SIDFWA! K z TYF, 111 I 1 00' ROW I� 1 7[ i65 1351 I �O' STANDING OAKS LANE OAKES BOULEVARD & STANDING OAKS LANE & INTERSECTION IMPROVEMENTS N.T.S. �) i�iYj2'Y F -2 17C B. Shady Oaks Lane and Standing Oaks Lane shall be improved by the developer to a County approved width and thickness, with accompanying 5 -foot wide sidewalks on each side connecting to Oakes Boulevard, and shall be completed prior to the issuance of the first certificate of occupancy (Please see Section C -C on Exhibit "C ", RPUD Master Plan). The necessary stormwater and drainage improvements shall be incorporated into the project without cost to Collier County. bo' - EA =FMFN' t 10 PAVEMENT I PAVEVEN- _ 5 g __ r: - - -- TYPICAL EASEMENT CROSS SECTION -- -N F -Q. C. The developer, its successors in title, or assigns shall operate, maintain, bond and insure (through the appropriate mechanism), both bridges over the D2C -00 Canal associated with Shady Oaks Lane and Standing Oaks Lane, in perpetuity. The County shall be granted perpetual access across both of the bridges. D. The developer shall construct three southbound lane deflections at the intersections of Oakes Boulevard, Bur Oaks Lane, Hidden Oaks Lane, and Golden Oaks Lane for traffic calming. These three intersections intended to be altered are in addition to the intersection improvements set forth above, and as depicted on the RPUD Master Plan, Exhibit "C ". The three referenced intersections proposed for alteration shall contain the following elements: a. 80 foot medians to the north and south of the intersections to be curbed, filled, and planted with materials to be coordinated with the Oakes Estates Advisory, Inc., and defined at the time of County right -of -way permit approval; b. Gored -out striping shall be added for an additional 180 feet beyond each median, to the north and south; c. The median proposed north of the intersection of Oakes Boulevard and Shady Oaks Lane shall also be curbed, filled, and planted with the same landscape materials consistent with Subparagraph a, above. The three intersection improvements are depicted below. 'Y71 km_ _ F -3 I t LX N LWALK AFRI -'F E K I oc, /A :2 L4[,[),C�PC MA-EFRIALS 51 -ALL DE A R )IN," I F D -] LE ()AI<11 ES A „r 'L Pl I' TIIVI CF1 FRIGHT OF *A" I I'M AP IW AP' VAIIERAL'; `,I ALL 0 II f I: Al 1, - OAK 1 11 A I L( , All SIdk F,- )-FI\FOI 11 11I OF COJNTV RIGH- (',I Ll 1, 1, F-4 17C I YP IC 1G XIi V AA, I14"I'm NT lye 'A PH V AN BUR OAKS LANE I !I TY I t X IPA N"ILK MAI'Er' 1 IIAA N a3F VA I T q Al A 9F AIOV -',N F J ITT 1) AT H I W J L: G9 W Ay ' - RM I A[1F1K VA Mk') A\j Af RI/, , 1-11\1 I Rk COORTINA -T j II! V,W- F� ' TATF AF)VISO y N 4N , al I 'IF ' I III AT - I,- T h (T- ;N-" h i IT CF NAY F-5 17C I �I i X� II .;N� H If,WA�I - I- I IiARKF R'� ' v i fYVL ,. J.. �. CURT; GOLDEN OAKS LANE Tll M CUM" — i —� MI I' AN AN `;CAI V ZIAI L LI V i R _ CD RLINA 1, W.1 A P 4 L AL< AIVI -O RY In IiJ II it INI i; u� CING r A 4 1 Cl C .,N v SIG II _ �:AY �' A �r h' HC.VAL I J i 1 Sii I Vt N'vN VA _11A ) U C4TINAi Wf _� TI OA TAFFS �,r AI 160R ( N AN-) ALL MLC N E %s2 L I dF '11Aiv RIG {T L -JVAY VEJInN ',MI, fC/A'_ _ANF r. NI( gyyr'Yl- F -6 17C E. All improvements to Oakes Boulevard, and related intersections referenced in Commitment D above, shall to be completed within six months of approval of the next development order, whether SDP, or subdivision plat approval, whichever comes first. A single construction entrance shall be identified at the next development order approval, whether SDP, or subdivision plat for the RPUD, with input from Oakes Estates Advisory, Inc. ENVIRONMENTAL A. At the time of SDP or plat approval, the northeastern 0.70 acres of the Preserve Tract that was disturbed for the placement of storage sheds shall be planted with sub - canopy and herbaceous native vegetation in an effort to re- create /enhance the native preserve. B. A Preserve Area and Gopher Tortoise Management Plan has been provided to Environmental Services Staff for approval prior to site /construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. This Plan is Exhibit P of the EIS, and shall be the regulatory instrument for the implementation of the Preserve Area and Gopher Tortoise Management Plan relating to exotics removal, gopher tortoise fencing, gopher tortoise habitat restoration, gopher tortoise management and preserve signage. PLANNING A. The developer shall install a combination 6 to 8 foot high wall /berm along the southern border of the RPUD prior to the issuance of first residential certificate of occupancy. B. The developer shall install a combination 6 to 8 foot high wall/berm along the eastern border of the RPUD prior to the issuance of first residential certificate of occupancy. C. The timelines for PUD sunsetting of Section 10.02.13.1) of the LDC shall be tolled until such time as: (1) the 1 -75 /lmmokalee Road Interchange improvements being made by the FDOT shall be substantially complete; and (2) the improvements to Vanderbilt Beach Road from Airport Road to Collier Boulevard (CR -951) shall be substantially complete. D. No certificates of occupancy (COs) shall be issued until: (1) the I- 75 /lmmokalee Road Interchange improvements being made by the FDOT are substantially complete; and (2) the improvements for Vanderbilt Beach Road from Airport Road to Collier Boulevard (CR -951 are substantially complete. E. The perimeter landscape buffer that would normally be required to be planted between the residential development and the property line shall be planted on the outside of the sound attenuation wall and /or berm referenced in Deviation #3 of Exhibit E. F -7 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008 -30 1 ?c Which was adopted by the Board of County Commissioners on the 24th day of June, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of June, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commission'g-pg.j" By: Martha Verga a, Deputy Cl - w *t 17D , L14 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.) yo # ttfiffttt lff #t11#414Rf #t # #4ff1ti44tf #fft4#t ##* Originating Dept/ Div: Comm.Dev.Serv./Planning Person: 6�n C ##u4n4dtla#c1hk, #A4 I#CfP t # ##44 #tf#D#ae t Petition No. (If none, give brief description): SV- 2008 -AR- 12943, The Collection at Vanderbilt Petitioner: (Name & Address): Glen Welden, Glen Welden & Associates, LLC, 349 Xnollwood Dr, Anderson, SC 29625 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Woolbright Development, 3200 N. Military Trail, 4th Floor, Boca Raton, FL 33431 Hearing before BCC BZA Other Requested Hearing date: June 24, 2008 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): - XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: SV- 2008 -AR -12943 Woolbright Development, Inc., represented by Glen Weldon of Glen Weldon & Associates, LLC, of Anderson, South Carolina, requesting six variances. The first three variances are from the Land Development Code (LDC) Section 5.06.04 C.1. which requires a minimum separation of 1,000 lineal feet between signs to allow a sign separation of 70±feet, 705± feet and 775± feet. The fourth variance is from LDC Section 5.06.04 C.1. which permits a maximum of two pole signs per street frontage to permit a maximum of three signs along a street frontage. The fifth variance is from LDC Section 5.06.04 C.16.b.i. which allows a maximum sign area of 12 square feet for an off- premise directional sign to allow a 76± square foot off - premise sign. The sixth variance is from LDC Section 5.06.04 C. I6.b.ii. which allows a maximum sign height of 8 feet for an off- premise directional sign to allow a maximum sign height of 9 -foot 4- inches. The subject property (Collection at Vanderbilt) is located at the northwest corner of the intersection of Airport Road (CR 31) and Vanderbilt Beach Road (CR 862), in Section 35, Township 48 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO N 4500085418 Reviewed by: aB a� epartment Head Date List Attachments: Approved by: County Manager Late 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. tt f *fkttt }f4i * *4ff4* *it11f11* *4*f k44f 444* 4it41t4** *kf**44* *ilttttf *f4 * *1tti4ffltf RltfiMf4f #ttRt F } }t FOR CLERK'S OFFICE USE ONLY: Date Received: SAIINIC of Public hearing:/ // �#/09Date Advertised: 17D '' 4 RESOLUTION NO. 08 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV- 2008 -AR- 12943, GRANTING SIX VARIANCES FROM SECTION 5.06.04. OF THE LAND DEVELOPMENT CODE, CONCERNING THE SEPARATION OF SIGNS, THE NUMBER OF SIGNS ALONG A STREET FRONTAGE, THE NUMBER OF SIGNS ON A PARCEL, AND THE SIZE OF AN OFF -SITE PREMISES DIRECTIONAL SIGN ON PROPERTY HEREINAFTER DESCRIBED IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations m are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Petitioner wishes to erect five identical pole signs as depicted in Exhibit A. Two of the signs will be located at the Vanderbilt Beach Road (CR 862) development entrance, one of which will be an off - premises directional sign. Two of the signs will be located at the Airport Road (CR 31) development entrance. One sign will be located at the southwest comer of Galleria Drive and Airport Road; and WHEREAS, Petitioner wishes to seek three (3) variances from LDC Section 5.06.04 C.1., which requires a minimum separation of 1,000 lineal feet between signs to allow less separation between signs as follows: 70± feet between sign B -I and B -2, 705± feet between sign C -1 and B -1, and 775± feet between sign C -1 and B -2, as shown in Exhibit A; and WHEREAS, Petitioner wishes to seek a fourth variance from Collier County LDC Section 5.06.04 C.I., which allows a maximum of two pole signs per street frontage to allow three signs along a street frontage along Airport Road (CR 31); and WHEREAS, Petitioner wishes to seek a filth variance from LDC Section 5.06.04.C. 16.b.i., which requires an off- premise directional sign to be no more than twelve (12) square feet in area to allow a sign that is 76± square feet in area; and WHEREAS, Petitioner wishes to seek a sixth variance from LDC Section 5.06.04.C.16.b.ii., which requires an off - premise directional sign to be no more than eight (8) feet in height to allow a sign that is 9' -4" in height; and Page 1 of 2 17D 11 "If WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and has considered the advisability of granting these variances; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that the Board hereby approves a variance from LDC 5.06.04.C.1, 5.06.04.C.16.b.i. and 5.06.04.C.16.b.ii., including a distance of 70+ feet between sign B -1 and B-2,705+ feet between sign C -1 and B -1, and 7751 feet between sign C -1 and B -2 as shown in Exhibit A. The Board also approves three signs along Airport Road as shown in Exhibit A, an approximately 76t square foot, 9' -4" height off - premises sign (sign A -1) as depicted in Exhibit B, as requested in Petition SV- 2008 -AR- 12943, filed by Glen Weldon of Glen Weldon and Associates, LLC, of Anderson South Carolina concerning the subject property described in Exhibit C. All signs shall be subject to the conditions set forth in Exhibit D. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2008 -AR -12943 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of '2008. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency: Jefrt.Fright Br TOM HENNING, CHAIRMAN Exhibits (attached): A. Overall Site Plan B. Entrance Sign Wall Elevation for Locations A, B and C C. Legal Description D. Conditions of Approval Page 2of2 The Collection at Vanderbilt EXHIBIT "BI' GROUND MONUMENT DISPLAY VARIANCE APPLICATION EXHIBITS °EveninK ApP��ce u••, W, kb.,ar .hm,M.m cLw,r, MIM. .nalolm.M ed..aa nln,,,.•.ul+.w.a ..aln,cwwlm.r.epn.w , m.Hba i•�dnro) �y.n.vi MW to HWCh MMAa'90131 Hl.ck •du d loner/ 17D i. i� Isometric /LED Reverse Ctiaztnel Letter ']]jyy �J Entrance Si Wall Elevation for Locations A B & C SCAM AS SHOWN 170 EXHIBIT "C" THE COLLECTION AT VANDERBILT LEGAL DESCRIPTION Parcel 1: Tract A, Galleria Vanderbilt Phase One, according to the plat thereof, as recorded in Plat IIook 32, pages 88 through 90, inclusive, Public Records of Collier County, Florida. Parcel II: a 25 East, Collier County, Florida and being more All that pant of Section 35, Township 48 South, Rang particularly described as follows: Commencing at the Southeast comer of acid Section 35; thence along the South line of said Section 35, South 89 degrees 38 minutes 54 seconds West 100.00 feet to a point on the West rightof - -waY line of Airport- Pulling Road (CR31); thence continuing along said section line, South 89 degrees 38 minutes 54 seconds West 771.70 feet; thence leaving said section line, North 00 degrees 21 minutes 06 seconds West 160.00 &et to the North right -of -way of Vanderbilt Beach Road (CR862); thence North 00 degrees 20 minutes 33 seconds West 566.13 feet to the POINT OF BEGINNING of the parcel herein described; thence South 89 degrees 39 minutes 27 seconds West 40951 feat; thence North 00 degrees 20 minutes 33 seconds West 639.97 feet; thence Easterly 226.41 feet along the are of s, circular curve concave Northerly having a radius of 1780.0 feet through a central angle of 07 degrees 17 minutes 16 seconds and being subtended by a chord which bears South 86 degrees 53 minutes 15 seconds East 226.26 feed thence North 89 degrees 29 minutes 07 seconds East 183.66 feet; thence South 00 degrees 20 minutes 33 seconds East 626.94 feet to the POINT OF BEGINNING, Parcel III: Collier County. Florida. being mero All that part of Section 35, Township 48 South, Range 25 Best, particularly described as follows: Commencing at the Southeast comer of said Section 35; thence along the South line of said Section 35, said line also being the Sdutherly right -of- -way line of Vanderbilt Beach Road (CR862) (160' right -of -way) South 89 degrees 38 minutes 54 seconds West loo.00 feet to a point on the Westerly right -of -way line of Airport- Palling Rued (CR31); thence along said Westedytight- of-waY line, North 00 degrees 31 minutes 59 seconds West 160.00 feet to a point on the Northerly right -of -way, of said Vanderbilt Beach Road; thence continue along said Westerly right -of -way line North 00 degrees 31 minutes 59 seconds West 623.28 feet to the POINT OF BEGINNING; thence leaving said Westerly right-of-way line, South 89 degrees 28 minutes 01 seconds West 769.12 fret; thence North 00 degrees 20 minutes 33 seconds West 572.23 feet; themoNorth 89 degrees 28 minutes 07 seconds East 742.22 feet; thence Southeasterly 39.27 feet along the are of a circular trove concave Southwest having a radius of 25.00 feet through a central angle of 89 degrees 59 minutes 54 seconds and being subtended by a chord which beats a South 45 degrees 31 minutes 56 seconds East 35.35 fat to the Westerly right -of -way of said Airport - Pulling Read; theme along said Westerly right -of -way line South 00 degrees 31 minutes 59 seconds East 54720 feet to the POINT OF BEGINNING, Parcel IV: All that part of Section 35, Township 48 South, Range 25 Bast, Collier Couty, Florida and being mom peracularty dmon7scd as follows: Commencing at the Southeast comer of said Section 35; thence along the South line of said Section 35, South 89 degrees 38 minutes 54 seconds West 100.00 feet to a point on the West right-Of-way line of Airport- Pulling Road (CR31); thence continue along said section line, South 89 degrees 38 minutes 54 seconds West 771.70 feet; thence IeaJing said section, North 00 degrees 21' 06" West 160.00 feet to the Point of Beginning of the parcel herein described; tbome South 89 degrees 38 minutes 54 seconds West 409.51 feet; thence North 00 degrees 20 minutes 33 seconds West 566.19 feet; thence North 89 degrees 39 minutes 27 seconds East 409.51 fleet; thence South 00 degrees 20 minutes 33 seconds East 566.13 feet to the Point of Beginning. 17D kiP:i EXHIBIT "D" CONDMONS FOR APPROVAL FOR SV- 2008 -AR -12943 1. The sign copy for Sign A -1, A -2, B -1, B -2 and C -1 as depicted on Exhibit "A" Overall Site Plan shall be limited to 76f square feet. 2. The signs for A -1, A -2, B -1, B -2 and C -1 as depicted on Exhibit "A" Overall Site Plan shall be limited to the name of the shopping center and shall not contain the names of individual tenants. G: Current/ GundWV Variances for Signs/The Collection at Vanderbilt /Exhibit D Conditions 4 -23-08 17D June 2, 2008 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SV- 2008 -AR- 12943: The Collection at Vanderbilt Dear Legals: Please advertise the above referenced petition on Sunday, June 8, 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. #4500085418 17D NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, June 24, 2008, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV- 2008 -AR- 12943, GRANTING SIX VARIANCES FROM SECTION 5.06.04. OF THE LAND DEVELOPMENT CODE, CONCERNING THE SEPARATION OF SIGNS, THE NUMBER OF SIGNS ALONG A STREET FRONTAGE, THE NUMBER OF SIGNS ON A PARCEL, AND THE SIZE OF AN OFF -SITE PREMISES DIRECTIONAL SIGN ON PROPERTY HEREINAFTER DESCRIBED IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. The Board will consider Petition: SV- 2008 -AR- 12943, Woolbright Development, Inc., represented by Glen Weldon of Glen Weldon & Associates, LLC, of Anderson, South Carolina, requesting six variances. The first three variances are from the Land Development Code (LDC) Section 5.06.04.C.1. which requires a minimum separation of 1,000 lineal feet between signs to allow a sign separation of 70 +/- feet, 705 +/- feet and 775 +/- feet. The fourth variance is from LDC Section 5.06.04.C.1. which permits a maximum of two pole signs per street frontage to permit a maximum of three signs along a street frontage. The fifth variance is from LDC Section 5.06.04 C.16.b.i. which allows a maximum sign area of 12 square feet for an off - premise directional sign to allow a 76 +/- square foot off - premise sign. The sixth variance is from LDC Section 5.06.04 C.16.b.ii. which allows a maximum sign height of 8 feet for an off - premise directional sign to allow a maximum sign height of 9- foot -4- inches. The subject property (Collection at Vanderbilt) is located at the northwest corner of the intersection of Airport Road (CR 31) and Vanderbilt Beach Road (CR 862), in Section 35, Township 48 South, Range 25 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days 17D 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. 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) {ounty of Collier CLERK OF THE CIRCUIT COURT Brock COLLIER COUNTY �OURT OUSE Dwight E. Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044, NAPLES, FLORIDA`Tj101 -3044 June 2, 2008 Glen Weldon Glen Weldon & Associates, LLC 349 Knollwood Drive Anderson, SC 29625 Re: Notice of Public Hearing to consider Petition SV- 2008 -AR- 12943: The Collection at Vanderbilt Dear Petitioner: 17D I 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, June 24, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK kuk Ann Jennejo , De ty Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk(i clerk.collier.fixs '- County of Co CLERK OF THE CIRCUIT COURT Dwight E. Brock Clerk of Courts June 2, 2008 Woolbright Development 3200 N. Military Trail Fourth Floor Boca Raton, FL 33431 COLLIER COUNTY tOURTIOUSE 3301 TAMIAMI'I(],AIL EAST P.O. BOX 413044`, NAPLES, FLORIDA`T" 101 -3044 Re: Notice of Public Hearing to consider Petition SV- 2008 -AR- 12943: The Collection at Vanderbilt Dear Petitioner: 170 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, June 24, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 732 -2646 Website- www.clerk.collier.fl.us Fax - (239)775 -2755 Email- collierclerk 6i�clerk.collier.fl.us Dwight E. Brock Clerk of Courts June 2, 2008 _e0unty of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY �OURTF OUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044`, NAPLES, FLORIDA'�4101 -3044 Roetzel & Andress, LPA R. Bruce Anderson 850 Park Shore Dr. Naples, FL. 34103 Re: Notice of Public Hearing to consider Petition SV- 2008 -AR- 12943: The Collection at Vanderbilt Dear Petitioner: 170 `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, June 24, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Phone - (239)732 -2646 Fax - (239)775 -2755 Website- www.clerk.collier.fl.us Email- collierclerkC &,clerk.collier.fl.us Ann P. Jenne'ohn 17D To: legals @naplesnews.com Subject: SV- 2008 -AR -12943 The Collection at Vanderbilt Attachments: SV- 2008- AR- 12943.doc, SV- 2008- AR- 12943.doc Please advertise the attached on Sunday, June 8, 2008., Thank you again, SV- 2008 -AR- 12943. doc (23 KB) SV- 2008 -AR- 12943. doc (26 KB) Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 ( ann.jennejohn @colliercierk.com) 17D Ann P. Jenne'ohn From: postmaster @collierclerk.com Sent: Monday, June 02, 2008 4:42 PM To: Ann P.Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT206363.txt, SV- 2008 -AR -12943 The Collection at Vanderbilt V ATT206363.txt SV- 2008 -AR -12943 (229 B) The Collectio... 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 @nap I esnews.com SV- 2008 -AR -12943 The Collection at Vanderbilt TWO Ann P. Jennejohn From: Perrell, Pam [PPerrell @Naplesnews.com] Sent: Monday, June 02, 2008 5:28 PM To: Ann P.Jennejohn Subject: RE: SV- 2008 -AR -12943 The Collection at Vanderbilt OK From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Monday, June 02, 2008 4:56 PM To: Perrell, Pam Subject: SV- 2008 -AR -12943 The Collection at Vanderbilt Would you mind sending me another o.k. on that "Collection at Vanderbilt Sign Variance Ad" Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann. jennejohn@collierclerk.com) 6/3/2008 Page IofI NAPLES DAILY NEWS Published Daily Naples. Ft. 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they sene as the authoriri. personally appeared B _Lamb. wh0 on oath says that theN sent as the Assistant Corporate Secretan of the Naples Wik_ a dailN newspaper published at Naples. in Collier County, Florida, distributed in Collier and Lee counties of Florida: that the attached copy of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I lime in the issue On Junc 8' 2008 Vmalt Iunher saes that the said Kaplcs IInk Aells s H a neSpaper Published It Naplac in collier eountc', Plnrida and that the said netrspaper hn,a herctoIore heap continuou,dc published in said Collicr CounlI Florida'. d.r, ht, ed in Collier and 1,ea counlie,v of Florida each day and has h—en onered al second class mail matter at the post orrice in ]aplcs, in said Collie Chanty. 1'londa tnr a period or 1 ccar n,It preccdinit the lust puhGcaGon ofthe allacbcd cope of 'id, ertisen innC and a fuutt linthor lace that he hls neither paid II("r pran:i,wd an} hi, ar — tparmiwt `rr dlsuuunL rchate. eonum szion or refund litr the purpoac of ssunng d,, udcenl¢Omell for puhlicm ion in it, said ,', I 'r ( Signature Of of 119111) Sworn to and subscribed before the This 8°'. Dar Of hme 2008 UDV.IANc`tlr p�' � ��y„C'< "., Commie rn tiri i FEISV- 25783'27 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines fA through p4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the a...,,...» A, o h "P rhrn„ah mnHno Gnat at rhrnnvh 94. emmnlete the checklist and forward to Sue Filson (line N5). Route to Addressee(s) List in muting order Office Initials Date I . Contact Initial Applic able) 2. Ij Agenda Date Item was Agenda Item Number 3. A roved b the BCC °a 4. Type of Document umber of Original 5. Sue Filson, Executive Manager Board of County Commissioners 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 lt.n ) Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number n n G �i Contact Initial Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Date Item was Agenda Item Number y� A roved b the BCC °a , Type of Document umber of Original resolutions, etc. signed by the County Attorney's Office and signature pages from ( Attached Documents Attached 1 l t INSTRUCTIONS & CHECKLIST M 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 Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from fn contracts, agreements, etc. that have been fully executed by all parties except the BCC 1 l t 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 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 our deadlines! t 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 County Attorney's Office has reviewed the changes, if applicable. M 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17D MEMORANDUM Date: June 27, 2008 To: Nancy Gundlach, Principal Planner Zoning & Land Development Reivew From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -195: SV- 2008 -AR -12943 Collection @ Vanderbilt Enclosed please find one copy of the document referenced above, Agenda Item #17D, adopted by the Board of County Commissioners on Tuesday, June 24, 2008. The original document will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252 -8406. Thank you. Enclosure 170 : 0", RESOLUTION NO. 08- 195 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV- 2008 -AR- 12943, GRANTING SIX VARIANCES FROM SECTION 5.06.04. OF THE LAND DEVELOPMENT CODE, CONCERNING THE SEPARATION OF SIGNS, THE NUMBER OF SIGNS ALONG A STREET FRONTAGE, THE NUMBER OF SIGNS ON A PARCEL, AND THE SIZE OF AN OFF -SITE PREMISES DIRECTIONAL SIGN ON PROPERTY HEREINAFTER DESCRIBED IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Petitioner wishes to erect five identical pole signs as depicted in Exhibit A. Two of the signs will be located at the Vanderbilt Beach Road (CR 862) development entrance, one of which will be an off - premises directional sign. Two of the signs will be located at the Airport Road (CR 31) development entrance. One sign will be located at the southwest corner of Galleria Drive and Airport Road; and WHEREAS, Petitioner wishes to seek three (3) variances from LDC Section 5.06.04 C.1., which requires a minimum separation of 1,000 lineal feet between signs to allow less separation between signs as follows: 70± feet between sign B -1 and B -2, 705± feet between sign C -1 and B -1, and 775± feet between sign C -1 and B -2, as shown in Exhibit A; and WHEREAS, Petitioner wishes to seek a fourth variance from Collier County LDC Section 5.06.04 C.1., which allows a maximum of two pole signs per street frontage to allow three signs along a street frontage along Airport Road (CR 31); and WHEREAS, Petitioner wishes to seek a fifth variance from LDC Section 5.06.04.C.16.b.i., which requires an off - premise directional sign to be no more than twelve (12) square feet in area to allow a sign that is 76± square feet in area; and WHEREAS, Petitioner wishes to seek a sixth variance from LDC Section 5.06.04.C.16.b.ii., which requires an off - premise directional sign to be no more than eight (8) feet in height to allow a sign that is 9' -4" in height; and Page 1 of 2 17D WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and has considered the advisability of granting these variances; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that the Board hereby approves a variance from LDC 5.06.04.C.1, 5.06.04.C.16.b.i. and 5.06.04.C.16.b.ii., including a distance of 70± feet between sign B -1 and B -2, 705± feet between sign C -1 and B -1, and 775± feet between sign C -1 and B -2 as shown in Exhibit A. The Board also approves three signs along Airport Road as shown in Exhibit A, an approximately 76± square foot, 9' -4" height off - premises sign (sign A -1) as depicted in Exhibit B, as requested in Petition SV- 2008 -AR- 12943, filed by Glen Weldon of Glen Weldon and Associates, LLC, of Anderson South Carolina concerning the subject property described in Exhibit C. All signs shall be subject to the conditions set forth in Exhibit D. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2008 -AR -12943 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this � day of 11: ATTEST: DWIGHT E. BROCK, Clerk im 41 � Clerk aIrv" I de�Yw;}i�l "s Approved ' as to form and legal suilt'dericy: Jef . right BOARD OF ZONING APPEALS COLLIER OUNT LORIDA By: TOM HENNING, CHAIRMAN Exhibits (attached): A. Overall Site Plan B. Entrance Sign Wall Elevation for Locations A, B and C C. Legal Description D. Conditions of Approval Page 2 of 2 4 The Collection at Vanderbilt EXHIBIT "B" GROUND MONUMENT DISPLAY VARIANCE APPLICATION EXHIBITS L 7TEVER!R&ARRnims—e. &Y' deep hbdcetd aluminum dun d i-tten vvkh.00 f" w.. -AR welded mnelrvcdnn with ..P W.. P,wldod (ave., f W.) for wh lct�. aWa, eruaoj fin" to match MAP MP WIM bWk ' anaf dapffi may be mager for LED fal 101, Cyr LEAN bw-4 w lh wiring -PPI"Hbrn W jjka.tmtjm frmn W LED u"a, I W, fm bmlaft- 1/e dlametcr eb W es steel hdo t. ho Avenge .14 par Waal. Isometric LED Reverse Channel Letter m Entrance Si Wall Elevation for Locations ALB & C SCAU-- AS SHOWN 17D EXHIBIT "C" THE COLLECTION AT VANDERBILT LEGAL DESCRIPTION Parcel I: Tract A, Galleria Vanderbilt Phase One, according to the plat thereof, as recorded in Plat Book 32, pages 88 through 90, inclusive, Public Records of Collier County, Florida. Parcel II: All that part of Section 35, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the Southeast comer of said Section 35; thence along the South line of said Section 35, South 89 degrees 38 minutes 54 seconds West 100.00 feet to a point on the West right -of- -way line of Ahport- Pulling Road (CR31); thence continuing along said section line, South 89 degrees 38 minutes 54 seconds West 771.70 feet; thence leaving said section line, North 00 degrees 21 minutes 06 seconds West 160.00 feet to the North ' right -of -way of Vanderbilt Beach Road (CR862); thence North 00 degrees 20 minutes 33 seconds West 566.13 feet to the POINT OF BEGINNING of the parcel herein described; thence South 89 degrees 39 minutes 27 seconds West 409.51 feet; thence North 00 degrees 20 minutes 33 seconds West 639.97 feet; thence Easterly 226.41 feet along the arc of a circular curve concave Northerly having a radius of 1780.0 feet through a central angle of 07 degrees 17 minutes 16 seconds and being subtended by a chord which bears South 86 degrees 53 minutes 15 seconds East 226.26 feet; thence North 89 degrees 28 minutes 07 seconds East 183.66 feet; thence South 00 degrees 20 minutes 33 seconds East 626.94 feet to the POINT OF BEGINNING. Parcel III: All that part of Section 35, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the Southeast comer of said Section 35; thence along the South line of said Section 35, said line also being the Southerly right -of -way line of Vanderbilt Beach Road (CR862) (160' right -of -way) South 89 degrees 38 minutes 54 seconds West 100.00 feet to a point on the Westerly right -of -way line of Airport - Pulling Road (CR31); thence along said Westerly right -of -way line, North 00 degrees 31 minutes 59 seconds West 160.00 feet to a point on the Northerly right -of -way of said Vanderbilt Beach Road; thence continue along said Westerly right -of -way line North 00 degrees 31 minutes 59 seconds West 623.28 feet to the POINT OF BEGINNING; thence leaving said Westerly right -of -way line, South 89 degrees 28 minutes 01 seconds West 769.12 feet; thence North 00 degrees 20 minutes 33 seconds West 572.23 feet; thence North 89 degrees 28 minutes 07 seconds East 742.22 feet; thence Southeasterly 39.27 feet along the am of a circular curve concave Southwest having a radius of 25.00 feet through a central angle of 89 degrees 59 minutes 54 seconds and being subtended by a chord which bears a South 45 degrees 31 minutes 56 seconds East 35.35 feet to the Westerly right -of- -way of said Airport - Pulling Road; thence along said Westerly right -of -way line South 00 degrees 31 minutes 59 seconds East 547.20 feet to the POINT OF BEGINNING. Parcel 1V: All that part of Section 35, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the Southeast corner of said Section 35; thence along the South line of said Section 35, South 89 degrees 38 minutes 54 seconds West 100.00 feet to a point on the West right -of -way line of Airport- Pulling Road (CR31); thence continue along said section line, South 89 degrees 38 minutes 54 seconds West 771.70 feet; thence leaving said section, North 00 degrees 21' 06" West 160.00 feet to the Point of Beginning of the parcel herein described; thence South 89 degrees 38 minutes 54 seconds West 409.51 feet; thence North 00 degrees 20 minutes 33 seconds West 566.19 feet; thence North 89 degrees 39 minutes 27 seconds East 409.51 feet; thence South 00 degrees 20 minutes 33 seconds East 566.13 feet to the Point of Beginning. 17D 01 EXHIBIT "D" CONDITIONS FOR APPROVAL FOR SV- 2008 -AR -12943 The sign copy for Sign A -1, A -2, B -1, B -2 and C -1 as depicted on Exhibit "A" Overall Site Plan shall be limited to 76t square feet. 2. The signs for A -1, A -2, B -1, B -2 and C -1 as depicted on Exhibit "A" Overall Site Plan shall be limited to the name of the shopping center and sball not contain the names of individual tenants. G: Current/ Gundlach/ Variances for Slgns/The Collection at Vanderbllt /Exhiblt D Conditions 4 -23-08 17E COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Pieria Place the (allowing as a: XXX Normal Legal Advertisement Other: (Disolav Adv., location, etc.) •Isla• fiat #♦a# of a# tf ##aaYY..........-- "'--- '._ -.. Originating Dept/ Div: COmm.Dev.Serv./Planning Person: Kay Deselem, AIC Date: Petition No. (If none, give brief description): CUE- 200 &AR - 13066, Tabernacle of Bethlehem petitioner: (Name & Address): David Smxd, Kuhlman Engineering, Inc., 2223 Trade Center Way, Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (11 more space is needed, attach separate sheet) Tabernacle of Bethlehem, P.O. Box 3085, Immokalee, FL 34143 Hearing before BCC BZA Other Requested Hearing date June 24, 2009 Based on advertisement appearing 1�5 days before hearing. Newspaper($) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & Common location & Siu: Petition' CUE - 2008 -AR- 13066. Dieudonne Brutus, of the Tabernacle of Beth lehem, represented by David Sneed, Kuhlman Engineering, Inc., is requesting a one -year extension of a Conditional Use approval for a church granted in Resolution No. 05 -134 in the Village Residential (VR) Zoning District, pursuant to Subsection 10.0g.E.3 of the Land Development Code. The 0.69 acre subject property is located at 305 3rd Street South (Immokalee), in Section 4, Township 47 South, Range 29 East, Collier County, Florida. Companion petition(s), if my & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PON 4500085418 Reviewed by: Approved by epertment Head Dat Z County Manager Date List Attachments: 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 agoods file: to Requesting Division Original Clerk's Office B. Other hearings: f aitiating Division head to approve and submit original to Clerk's Office, mtaining a copy for file. #if fi fflHRMf iff # #Yi RiffYN#fif iif Hiff #H1tf f #iNf Hif YiiYYitl Hi Hi #it Yifii Mlhf Yf tii tfiif l #f Ri # #f FOR CLERK'S OFFIC U E ONLY: ° Date Received: 0 O Date of Public hearing: Date Advertised: RESOLUTION 2008- A RESOLUTION OF THE COLLIER COUNTY BOARD OF ZONING APPEALS RELATING TO PETITION NUMBER CUE - 2008 -AR- 13066, TO PROVIDE FOR A ONE -YEAR EXTENSION OF A CONDITIONAL USE IN THE VILLAGE RESIDENTIAL (VR) ZONING DISTRICT FOR A CHURCH, PURSUANT TO SUBSECTION 10.08.E.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC), FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41, as amended) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on March 23, 2005, the Board of Zoning Appeals enacted Resolution No. 05 -134, attached hereto and incorporated by reference herein, as Exhibit "A," which granted a conditional use for a church on property described in Exhibit B of Resolution No. 05 -134; and WHEREAS, Subsection 10.08.13.3 of the Land Development Code provides that the Board of Zoning Appeals may grant a one -year extension for a conditional use which has no: been commenced. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Good cause being shown, the petition, filed by David Sneed of Kuhlman Engineering, Inc., representing Dieudonne Brutus, of the Tabernacle of Bethlehem Church, requesting a one -year extension of the Conditional Use approval granted in Resolution No. 05 -134, is hereby approved, and the expiration date for Resolution No. 05 -134, attached hereto as Exhibit "A," and all conditions applicable thereto, is hereby extended for one additional year until March 23, 2009. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super- majority vote, this day of , 2008. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: "' —"' -- ,Deputy Clerk Ap v as form an eg Ieffr . Kla kow Chie Assista County Attorney Exhibit A: Resolution Number 2005 -134 TOM HENNING, CHAIRMAN 1 E 17E RESOLUTION 05 - 134 RELATING TO PETITION NUMBER CU- 2003 -AR -4326 REQUESTING CONDITIONAL USE APPROVAL IN THE VILLAGE RESIDENTIAL (VR) ZONING DISTRICT FOR A CHURCH OR HOUSE OF WORSHIP PURSUANT TO SECTION 2.04.03, TABLE 2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, ltas conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance Number 2004.41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use approval under Subsection 2.03.04.Table 2, in the Village Residential Zoning District for a church or house of worship on the property hereinafter described, and has found as a matter of fact, Exhibit "A", that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10,08,00; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, CU- 2003 -AR -4326, filed by Ronald F. Nino, AICP of Vanasse Daylor, representing Dieudonne and Lunie Brutus, with respect to the property hereinafter described in Exhibit "B" attached hereto and incorporated by reference herein, be and the same hereby is approved for a Conditional Use pursuant to Subsection 2.04.03, Table 2 in the Village Residential (VR) Zoning District to allow for a church or house of worship in accordance with the attached Conceptual Site Plan, Exhibit "C ", and subject to the conditions found in Exhibit "D" which is attached hereto and incorporated by reference herein. Page r d2 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number CU- 2003 -AR -4326 be recorded in the minutes of this Board. This Resolution adopted after motion, second and super- majority vote. Done this .�? c �� day of 'Md /C' 2005. ATTEST: DWIGHT E BROCK, CLERK 0klllt� Atxrst.Aa to.,CM1t^utt's s I�iiitttrn .Otff y. Approved as to Form and Legal Sufficiency: Patrick ,. h to Assistant County Attorney Attachments: A. Findings of Fact B. Legal Description C. Conceptual Site Plan D. Conditions Page 2 012 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYL6', CHAIR MN _E 17E 31 COLLIER C3iJ'?T _' �LaI•TPIING ^O1�9T:' i? SCR A CONDMONAL USE °F CTJ- .003 -AR -4326 Tr. following facts are found: Section 2.6.33.4.1 of the Land Development Code cuthorizeci the conditionai ::sc. Granting the conditional use will not adversely affect the public :merest and adversely affect other property or uses in the same district or ci- _hborhrod Because of: A. Consistencv wtt the L . and Development Code and Gro- Lh 'Management ?Ian: Yes V No 3. Ingress and egress to propem and proposed structures -hereon °rich aarrcular reference to automotive and 'pedestrian safety and m:veniencc. 'raffle low and control, and access ir. case of fire or caastropre: ✓ Adequate ingress & egress Yes --�- No C. Affects neighboring properties in relation io noise, giurc. ^conomic or -)dor effects: No affect or __ Affect mitigated by Affect cannot be mitigated ). Compatibility with adjacent properties and odic, proner:c , t -he district: Compatible use •xithin district Yes No Based on the above rindings, this conditionai use should, •vi {h stieulanaas. ;copy cttnchcdt he r 1. ed for approval to the Board of Zcnin, .1t) . MEMBER: i :NIIT , FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2003 -AR -4326 The following facts are found: 17E I. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistencv with the Land Development Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes '/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ✓ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be ecrnrmended for innrnval to the Board of Zoning Appeals. // MEMBER: OA -n'nez , EXHIBIT A 17E FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2003 -AR -4326 The foilowing facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of; A. Consistency with a Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & gress Yes No C. Affects n i boring properties in relation to noise, glare, economic or odor eftecis, No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wjtdn district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be ecomrnended for approval to the Board of Zoning Appeals. MEMBER: E:CHIBIT A 17E FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A •CONDITIONAL USE PETITION CU- 2003- AR4326 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes �*– No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes 1"4- No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by — Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes 4 No Based on the above findings, this conditional use should, with stipulati copy a ched) be -•:commended for approval to the Board of Zoning Appeals. EXHIBIT A L' 17E FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2003 -AR -4326 The following facts are found: Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the L evelopment Code and Growth Management plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by ` Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes _ No M,D 3ased on the above findings, this conditional use should be recrmmended for approval to the Board of Zoning Appeals. ?.. _ -5. 6^ MEMBER: EXHIBIT A —�— FINDING OF FACT BY COL.:ER COUNTY PLANNING CONIIMSSION FOR A CONDITIONAL USE PETITION CU- 2003- AR4326 The following facts are found: 17E 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes v No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes v No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility Nvith adjacent properties and other property in the district: Compatible use within district Yes ✓' No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. q 0 -'D MEMBER: MEMBER: l 1'. I 1 J E)CHIBIT A 17E FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2003 -AR -4326 The following facts are found: Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes X No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes 7\ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes Y, No Based on the above findings, this conditional use should, with sulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. TVS.�.3z'�- MEMBER: EXHIBIT A I tsw FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2003- AR4326 The following facts are found: 17E Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes —Le:::�/No _ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequatc ingress & egress Yes _JZ No _ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: —L'Ao affect or _ Affect mitigated by ____ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No _ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. MEMBER: EXHIBIT A °°��" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -4326 The following facts are found: 17E 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes __V/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: C. l7 Adequate ingress & egress Yes ✓ No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or —Affect mitigated by _ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) be r commended for approval to the Board of Zoning Appeals. DATE:_ EXHIBIT A 17E LEGAL DESCRIPTION CU- 2003 -AR -4326 BEGINNING AT THE NORTHEAST CORNER Cr THE WEST 380 FEET OF THE £AST 1070 FEET OF THE NORTH HALF OF THE SOUTHEAST OUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA THENCE RUN SOUTH ALONG THE EAST BOUNDARY LINE OF SAID TRACT VEST 380 FEET OF THE CAST 1070 FEET TRACT A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING OF TRACT HEREIN DESCRIBED, THENCE CONTINUING S17f1TH ALONG SAID EAST BOUNDARY LINE OF SAID TRACT A DISTANCE OF 250 FEETf THENCE RUN VEST 120 FEET; THENCE .PUN NORTH 250 FEET, THENCE RUN EAST 120 FEET TO A POINT OF BEGINNING. SAID PROPERTY BEING ALSO DESCRIBED AS LOTS 3 4, 5, 6 AND 7, OF A MAP OF A SUBDIVISION PROPOSED TO BE RECORDED UNDER THE NAME OF LAKE VIEW PROPERTIES Exhibit B LI --------- - — 4— li ;!Nanasse Day or. -7L I i� I I I � Lr J'A I II li ;!Nanasse Day or. -7L 17E CONDITIONS OF APPROVAL CU- 2003- AR4326 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Tabernacle of Bethlehem Conceptual Site Plan," prepared by Vanasse Daylor, last revised December 7. 2004. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. The Conditional Use is limited to the use of the existing building for a house of worship. No expansion or enlargement of the existing building is permitted. 3. Parking within 3rd Street right -of -way is prohibited. All parking must be contained on -site. 4. The Conditional Use approval is subject to compliance with any conditions or stipulations placed upon the companion request petition, VA- 2003 -AR -4327. 5. The petitioner must seek development approval, i.e., SDP or SIP, for this conditional use. The SDP /SIP plans must reflect all improvements depicted on the site plan and the conditions noted above. A final local developer order (SDP or SIP and building permits) must be issued before the building's use as a church/house of worship. Revised: 2/3/05 to incorporate the Collier County Planning Recommendation Exhibit D 17E May 29, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CUE - 2008 -AR- 13066: Tabernacle of Bethlehem Dear Legals: Please advertise the above referenced notice on Sunday, June 8, 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 #4500085418 17E NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, June 24, 2008 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. A RESOLUTION OF THE COLLIER COUNTY BOARD OF ZONING APPEALS RELATING TO PETITION NUMBER CUE - 2008 -AR- 13066, TO PROVIDE FOR A ONE -YEAR EXTENSION OF A CONDITIONAL USE IN THE VILLAGE RESIDENTIAL (VR) ZONING DISTRICT FOR A CHURCH, PURSUANT TO SUBSECTION 10.08.E.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC), FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. Petition: CUE - 2008 -AR- 13066, Dieudonne Brutus, of the Tabernacle of Bethlehem, represented by David Sneed, Kuhlman Engineering, Inc., is requesting a one -year extension of a Conditional Use approval for a church granted in Resolution No. 05 -134 in the Village Residential (VR) Zoning District, pursuant to Subsection 10.08.E.3 of the Land Development Code. The 0.69 acre subject property is located at 305 3rd Street South (Immokalee), in Section 4, Township 47 South, Range 29 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 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 17E contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) ty of `'oilier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURT OUSE Clerk of Courts 3301 TAMIAMI 'V4LAIL EAST P.O. BOX 413044; NAPLES, FLORIDA'1�1101 -3044 May 29, 2008 David Sneed Kuhlman Engineering, Inc. 2223 Trade Center Way Naples, Fl 34109 Re: Notice of Public Hearing to consider Petition CUE - 2008 -AR- 13066; Tabernacle of Bethlehem Dear Petitioner: l7 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, June 24, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK �" lue4 o.0 Ann Jennejohn Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk (aclerk.collier.fl.us Dwight E. Brock Clerk of Courts May 29, 2008 °County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY (OURT15OUSE 3301 TAMIAMI AIL EAST P.O. BOX 413044 NAPLES, FLORIDA'T4101 -3044 Tabernacle of Bethlehem P.O. Box 3085 Irnmokalee, FL 34143 Re: Notice of Public Hearing to consider Petition CUE - 2008 -AR- 13066; Tabernacle of Bethlehem Dear Petitioner: 17E 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, June 24, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 8, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Cam., - .o.e'. Ann Jennej Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.Mus Email- collierelerk (a�clerk.collier.fl.us Ann P Jennejohn To: legals @naplesnews.com Subject: CUE - 2008 -AR -13066 Tabernacle of Bethlehem Attachments: CUE - 2008- AR- 13066.doc; CUE - 2008- AR- 13066.doc Good Morning, Please advertise the attached on Sunday, June 8, 2008. Thank you, t� I CUE - 2008 -Ak -1306 6.doc (24 KB) Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 ( ann.jennejohn @collierclerk.com) 1 CUE - 2008 -AR -1306 6.doc (24 KB) 17E 17E Ann P Jennejohn From: postmaster @collierclerk.com Sent: Thursday, May 29, 2008 11:14 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT144565.txt; CUE - 2008 -AR -13066 Tabernacle of Bethlehem ATT144565.txt CUE- 2008 -AR -1306 (229 s) 6 Tabernacle o... 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@napiesnews.com 1 CUE - 2008 -AR -13066 Tabernacle of Bethlehem 17 E Page 1 of 1 Ann P. Jennejohn From: Pennell, Pam [PPerrell @Naplesnews.comj Sent: Thursday, May 29, 2008 11:53 AM To: Ann P. Jennejohn Subject: RE: CUE - 2008 -AR -13066 Tabernacle of Bethlehem MIN From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Posted At: Thursday, May 29, 2008 11:14 AM Posted To: Legals - NDN Conversation: CUE - 2008 -AR -13066 Tabernacle of Bethlehem Subject: CUE - 2008 -AR -13066 Tabernacle of Bethlehem Good Morning, Please advertise the attached on Sunday, June 8, 2008. Thank you, «CUE- 2008- AR- 13066.doc>> «CUE- 2008- AR- 1 3066.doc>> Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann. jennejohn@collierclerk.com) 5/29/2008 NAPLES DAILY NEWS Published Call Naples. FL 34102 Affidavit of Publication Before the undersigned the} sercc as the authoritc. personalh appeared B_ Lamb. %N ho on oath sacs that thec sm e as the Assistant Corporate Secretan of the Naples Daih. a daft} netespaper publishcd al Naples. in Collier Counh. Florida. distributed in Collier and Lee counties of Florida: that the attached coPe of the ad%ertising_ being a rcas published in said netcspaper I lime in the issue On June 8a' 2009 _1lliant Ihrthcr naN -a that the said Naples Dar IN sea, is a nrtvspaper Pill fishcd at Saples. in collier count,. Florida and that tho said newspaper has heretofore been continuously published in said Collier Count,. Florida'. distributed in Collier and Lee counties A Florida, each dae and has heen entered ss necund class mail matter at the post "Ihe, in Saples. in a:dd Collie CowaNy Florida for a period or 1 sear nest prcccdmt; Ilia Ent publication of the attached cupv or adcerl isenxnC and aniunl rea"a sacs that he has neith ir paid nor pr ..mised anc perwit, lmr, or vrporalwn um' discount rehmc, annmis,aion or refund 101 the pwpasc a soatriag this adtcr isemenl lirr publication in Ih / o�mid ncrs �p�ipcY ( SignatureoPaffianl) SNN orn to and subscribed before mo This 8''' Dac Of June 2008 (Sigu rut of n t. n puAlIC) 17E � nliid by�ttia,g4ia� 4:1 � arpnrtpti tarn s or or ¢,}fl i tl M ypeyIf oft;E I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17E TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT - - 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 fa ter the Board has taken action on the item.) ROUTING SLIP Complete routing lines AI through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the w.....,.ao.e a,,'h— t,riat a »d fntward to Sue Filson (line N5). exception of the Chairman's signature, draw a line mrou rouun nnce ..... - ••_ ........ _._ Office - _ -.. -- -- - Initials . Date Route to Addressee(s) a ro riate. (Initial) Applicable) (List in routing order) June 24, 2008 Agenda Item Number 17E �. signed by the Chairman, with the exception of most letters, must be reviewed and signed to�ay�cs Type of Document DE.s d kva�io Number of Original 1 2. �G (� —1 Documents Attached 3. contracts, agreements, etc. that have been fully executed by all parties except the BCC 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 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 Kay Deselem Phone Number 252 -2931 Contact a ro riate. (Initial) Applicable) Agenda Date Item was June 24, 2008 Agenda Item Number 17E Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution (] Number of Original 1 Attached �G (� —1 Documents Attached nvCTR1lCT10NS Rr CHECKLIST I: Forms/ County Fomts/ BCC Fomts/ 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 a ro riate. (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 Attomey'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. document was approved by the BCC on June 24, 2008 and all changes made O 1The during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Fomts/ BCC Fomts/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17E i ja MEMORANDUM Date June 26, 2008 To: Kay Deselem, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008 -196: CUE - 2008 -AR -13066 Tabernacle of Bethlehem Church Enclosed please find one (1) copy of the document, as referenced above, Agenda Item #17E. This petition was adopted by the Board of County Commissioners on Tuesday, June 24, 2008. The Minutes and Records Department has retained the original for the public record. If you should have any questions, please contact me at 252 -8406. Thank you. Enclosure RESOLUTION2008- 196 A RESOLUTION OF THE COLLIER COUNTY BOARD OF ZONING APPEALS RELATING TO PETITION NUMBER CUE - 2008 -AR- 13066, TO PROVIDE FOR A ONE -YEAR EXTENSION OF A CONDITIONAL USE IN THE VILLAGE RESIDENTIAL (VR) ZONING DISTRICT FOR A CHURCH, PURSUANT TO SUBSECTION 10.08.E.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC), FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41, as amended) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on March 23, 2005, the Board of Zoning Appeals enacted Resolution No. 05 -134, attached hereto- and incorporated by reference herein, as Exhibit "A," which granted a conditional use for a church on property described in Exhibit B of Resolution No. 05 -134; acrd WHEREAS, Subsection 10.08.E.3 of the Land Development Code provides that the Board of Zoning Appeals may grant a one -year extension for a conditional use which has not been commenced. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Good cause being shown, the petition, filed by David Sneed of Kuhlman Engineering, Inc., representing Dieudonne Brutus, of the Tabernacle of Bethlehem Church, requesting a one -year extension of the Conditional Use approval granted in Resolution No. 05 -134, is hereby approved, and the expiration date for Resolution No. 05 -134, attached hereto as Exhibit "A," and all conditions applicable thereto, is hereby extended for one additional year until March 23, 2009, BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super - majority vote, this ;kgAh day of 'SUflt 12008. ATT $T: DWI 14T E. BROCK, Clerk By. .. i►ttK� .�s .. � Attorney Exhibit A: Resolution Number 2005 -134 BOARD OF ZONING APPEALS COLLIER COUNTY, FLQT?mA By: , TOM Item # Agend Date Gate o Date lo�O Recd 17E I I 17 RESOLUTION 05 - 134 RELATING TO PETITION NUMBER CU- 2003 -AR -4326 REQUESTING CONDITIONAL USE APPROVAL IN THE VILLAGE RESIDENTIAL (VR) ZONING DISTRICT FOR A CHURCH OR HOUSE OF WORSHIP PURSUANT TO SECTION 2.04.03, TABLE 2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance Number 2004 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Ilse approval under Subsection 2.03.04. Table 2, in the Village Residential Zoning District for a church or house of worship on the property hereinafter described, and has found as a matter of fact, Exhibit "A ", that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00; and WHEREAS, all interested parties have been given opportunity to he heard by this Board in a public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, CU- 2003 -AR -4326, filed by Ronald F. Nino, AICP of Vanasse Daylor, representing Dieudonne and Lunie Brutus, with respect to the property hereinafter described in Exhibit "B" attached hereto and incorporated by reference herein, be and the same hereby is approved for a Conditional Use pursuant to Subsection 2.04.03, Table 2 in the Village Residential (V R) Zoning District to allow for a church or house of worship in accordance with the attached Conceptual Site Plan, Exhibit "C ", and subject to the conditions found in Exhibit "D" which is attached hereto and incorporated by reference herein. Page t of 2 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number CU- 2003 -AR -4326 he recorded in the minutes of this Board. This Resolution adopted after motion, second and super- majority vote. Done this _%?_ �_ _ day of _ �[!d/ /�..�_— .2005. ATTEST: DWIGHT E BROCK, CLERK D p t lerk -1 ,` / �f 'Attest. is to,thaIroan's sf4ilistwi-6n y. Approved as to Form and Legal Sufficiency. Patrick G. h to Assistant County Attorney Attachments: A. Findings of Fact B. Legal Description C. Conceptual Site Plan D. Conditions Page 2 of 2 BOARD OF ZONING APPEALS COLLIER COUN f Y. FLORIDA BY: _� W. ClIx FRED W. COYLE, CL -IAIR N 17E _P;DING 3F ,SAC7 CDLI :ER :..'- W,`?T -_' ?T_ AYNING 'X--4I ,Ir; FUR A CONDITIONAL USE PET' T :CI'r CTJ- "x:003 -AR -4326 i:e foiiowing facts are found: Section 2.6.33.4.1 of the Land Development Code cuthorized trc oonditionai .!sc. Granting the conditional use will not adversely affect the public .merest Md :ill cot adversely affect other property or uses in the same district or eighboncood '?ecause oi: A. Consistency wit the Land Development Code and Managemem Plan: Yes _ No ` 3. Ingress and egress to propcm, and proposed iructures dt_raon it'!; oamcuiar reference to automotive and pedestrian safety and ::mt,eaience. :ratfe 1(m and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No -_ C. Affects neighboring properties in relation io noise, dare, xonomic :?r -odor effects: No affect or _ Affect mitigated by _ Affect cannot he mitigated 7. Compatibility with adjacent properties and outer ^mnt:r. a the district: Compatible use xithin cisirict Yes V No 3asee on the above iindings, this conditional use shouid, vit.h stinuiattsn3. , copy attncheai be c;r ; ^ued for approval to the Board o; Benin ::ppeais. 1 �) 17E FINDING OF FACT BY i 3L IER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2003 -AR -4326 "I'he following facts are found: Section 2.633.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes "' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes '/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: \o affect or _Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district_ Compatible use within district Yes � No Based on the above findings, this conditional use should, with stipulations, (copy attached) be -ecommended for anprnval to the Board of Zoning Appeals. MEMBER: f rn mot( �tu K� EXHIBIT A FINDING OF FACT BY COLT Ei2 COUN'T'Y PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2003 -AR -4326 The foilowing facts are found: 17E 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with a Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic now and control, and access in case of fire or catastrophe: Adequate ingretress Yes (/ C. Affects n ' " boring properties in relation to noise, glare, economic or odor effects• _ 7No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use w' in district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be ,, omntended for approval to the Board of Zoning Appeals. — — < TACTAI]IITl . EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2003- AR4326 The following facts are found: 17E I. Section 2.633.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes '` No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes i No _ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes 4 No Based on the above findings, this conditional use should, with supulati copy a ched) be -ecmnmended for approval to the Board of Zoning Appeals. S MEMBER: EXHIBIT A 17E FINDING OF FACT BY CDL-�IER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2003 -AR -4326 The following facts are found: Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the L evelopment Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress C. L Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or _ Affect mitigated by _ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes , No _ i/ 3a5ed on the above findings, this conditional use should be ..,commended for apprc) %a1 to the Board of Zoning Appeals. 7 MEMBER: ExHtatT A 17E FINDING OF FACT BY C3LLMR COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2003 -AR -4326 The following facts are found: Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistenev with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or — Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ✓ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. q t Q MEMBER: EXHIBIT A 17E FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2003 -AR -4326 The following facts are found: Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes X No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control. and access ip case of fire or catastrophe: Adequate ingress & egress Yes �, No _ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: X No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes 'K No _ Based on the above findings, this conditional use should, with st ulations, (copy attached) be als. recommended for approval to the Board of Zoning Appe MEMBER: aw EXHIBIT A 17E FINDING OF FACT BY CDLL IER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2003 -AR -4326 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes _LZ No _ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _,Z-<o affect or — Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes —,2 No F' on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. TL: i g 1 4 MEMBER: rJ:� EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2003 -AR -4326 The following facts are found: 17E 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No _ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ✓ No _ N R .Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V' No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: - Z �3 O� CHAIRMAN: EXHIBIT A LEGAL DESCRIPTION CU- 2003 -AR -4326 BEGINNING AT THE NORTHEAST CORNER OF THE WEST 380 FEET OF THE EAST 1070 FEET OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA THENCE RUN SOUTH ALONG THE EAST BOUNDARY LINE OF SAID TRACT WEST 380 FEET OF THE EAST 1070 FEET TRACT A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING OF TRACT HEREIN DESCRIBED; THENCE CONTINUING SOUTH ALONG SAID EAST BOUNDARY LINE OF SAID TRACT A DISTANCE OF 250 FEET; THENCE RUN WEST 120 FEET; THENCE RUN NORTH 250 FEET, THENCE RUN EAST 120 FEET TO A POINT OF BEGINNING. SAID PROPERTY BEING ALSO DESCRIBED AS LOTS 3, 4, 5, 6 AND 7, OF A MAP OF A SUBDIVISION PROPOSED TO BE RECORDED UNDER THE NAME OF LAKE VIEW PROPERTIES. Exhibit B 17 E.-- 'T Ala —Daylor vwl T�. .4 1 -1 - JP —Daylor vwl T�. .4 1 -1 - 17E CONDITIONS OF APPROVAL CII- 2003 -AR -4326 1. The Conditional Use is limited to what is shown on the conceptual site plan. identified as "Tabernacle of Bethlehem Conceptual Site Plan," prepared by Vanasse Daylor, last revised December 7, 2004. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. The Conditional Use is limited to the use of the existing building for a house of worship. No expansion or enlargement of the existing building is permitted. 3. Parking within 30 Street right -of -way is prohibited. All parking must be contained on -site. 4. The Conditional Use approval is subject to compliance with any conditions or stipulations placed upon the companion request petition, VA- 2003 -AR -4327. 5. The petitioner must seek development approval, i.e., SDP or SIP, for this conditional use. The SDP /SIP plans must reflect all improvements depicted on the site plan and the conditions noted above. A final local developer order (SDP or SIP and building permits) must be issued before the building's use as a church /house of worship. Revised: 213105 to incorporate the Collier County Planning Recommendation Exhibit D COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC_ HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: Originating Dept/ Div: CUES/ Impact Fee Administration Person: Amy Patterson Date: May 28, 2008 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. June 24. 2008 Newspaper(s) to be used: (Complete only if important): X Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2001-13, AS AMENDED, KNOWN AS THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE; PROVIDING FOR A TECHNICAL CORRECTION TO THE USE OF FUNDS PROVISIONS BY DELETING AN OBSOLETE REFERENCE TO THE CAPITAL IMPROVEMENT ELEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ❑ Yes ❑ No If Yes, what account should be charged for advertising costs: -1.3i i98982 64940 y P.O.# 4500084665 Reviewed by: /� Cam- ,paa -LF� ,S, - a.e- -a&>- Division AVministrator or Designee Date List Attachments: 1. Ordinance Amendment 17F DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. **** A* A*** A*#*** i*** A*** A* i*** A***** A** AAi***}**** iA**#************* ** * ** * * * * * * *A ** * *K * ** * * ** * * * * ** *iii #a"s♦ FOR CLERK'S OFFICE USE t Date Received: 6 Date of Public hearing: a Date Advertised: a / 3109 17F j 1 i ORDINANCE NO. 2008- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2001 -13, AS AMENDED, KNOWN AS THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE; PROVIDING FOR A TECHNICAL CORRECTION TO THE USE OF FUNDS PROVISIONS BY DELETING AN OBSOLETE REFERENCE TO THE CAPITAL IMPROVEMENT ELEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has used impact fees as a funding source for growth- related capital improvements for various facilities since 1978; and WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001 -13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code "); and WHEREAS, the Annual Update and Inventory Report (AUIR) identifies the capital facilities needs for public facilities over a five -year time period for both Category "A" and Category "B" Facilities; and WHEREAS, the AUIR is adopted annually by the Board of County Commissioners; and WHEREAS, the AUIR forms the basis for the annual update of the Capital Improvement Element (CIE) for the Category "A" facilities; and WHEREAS, it has been identified by the County Attorney and staff that, based on the above, an obsolete provision exists within the Collier County Consolidated Impact Fee Ordinance regarding the use of funds for those projects contained in the County's five -year CIE; and WHEREAS, the Impact Fee Ordinance provides that "revenue derived from the impact fee shall be utilized only for capital improvements and additions to the public facilities which are reasonably determined to be caused by the impacts of new development" which provides the fee payers certainty in the use of the impact fee funds; and WHEREAS, the County Attorney and the County's Impact Fee Consultant recommend that the Board of County Commissioners amend the Impact Fee Ordinance to remove the provisions for internal ordinance consistency. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article U, Impact Fees, Section 74 -203, Use of funds, subsection (c) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74 -203. Use of funds. undelisoi text is,dded; saga -&, , text is dem%w 17F (c) Impact fee trust funds shall not be used for any expenditure that would be classified as a maintenance or repair expense, neF shall they be used set ultilh.d.d SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered and internal cross - references amended throughout to accomplish such, and the word "ordinance" may be changed to "section, "'article, ' or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2008. ATTEST BOARD OF COUNTY COMMISSIC Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: TOM HENNING, CHAIRMAN UndRa "al text is added; 9 --1 its ml teat is deleted Peg 2 of 2 17F June 2, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Amending Ordinance 2001 -13: Technical Correction to the Use of Funds Provisions by Deleting an Obsolete Reference to the CIE Dear Legals: Please advertise the above referenced petition on Friday, June 13, 2008 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. /Account #4500084665 17F NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, June 24 2008 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2001 -13, AS AMENDED, KNOWN AS THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE; PROVIDING FOR A TECHNICAL CORRECTION TO THE USE OF FUNDS PROVISIONS BY DELETING AN OBSOLETE REFERENCE TO THE CAPITAL IMPROVEMENT ELEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. 17F BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn , Deputy Clerk (SEAL) 17F Ann P. Jennejohn To: legals @naplesnews.com Subject: Amending Ordinance 2001 -13 Attachments: Amending Ordinance 2001- 13.doc; Amending Ord 01 -13 (correcting CIE language).doc Good Morning, Please advertise the attached on Friday, June 13, 2008. Amending Thank you. imance 2001- 13.doi Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann.jennejohn @collierclerk.com) 1 Amending Ord 01 -13 (correcting... Ann P. From: postmaster @collierclerk.com Sent: Monday, June 02, 2008 10:25 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT194153.txt, Amending Ordinance 2001 -13 17F ATT194153.txt Amending (229 B) Ordinance 2001 -13 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 Amending Ordinance 2001 -13 1 7 F Ann P. Jennejohn From: Perrell, Pam [PPerrell @Naplesnews.com] Sent: Monday, June 02, 2008 10:31 AM To: Ann P. Jennejohn Subject: RE: Amending Ordinance 2001 -13 OK From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Posted At: Monday, June 02, 2008 10:25 AM Posted To: Legals - NDN Conversation: Amending Ordinance 2001 -13 Subject: Amending Ordinance 2001 -13 Good Morning, Please advertise the attached on Friday, June 13, 2008. Thank you. <<Amending Ordinance 2001- 13.doc>> language).doc>> Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann. Jennejohn @collierclerk.com) 6/2/2008 Page 1 of 1 <<Amending Ord 01 -13 (correcting CIE NAPLES DAILY NEWS Published Dade Naples. FL 31102 Affidavit of Publication State offlorida County of Collier Before the undersigned they serve as the authority. personally appeared B. Lamb. %N ho on oath says that dtec serve as the Assistant Corporate Secretaq of the Naples Daily, a daily newspaper published at Naples. in Collier County, Florida; distributed in Collier and Lee counties of Florida, that the attached cop} of the ad%cnising, being a PUBLIC NOTICE. in the matter of PUBLIC NOTICE: was published in said newspaper 1 time in the issue On June 13t". 2008 Aniant hu Ili er says that Ilie said Naples Daily Novas is a newspaper published at Naples_ in collier county. Panda and that the said newspaper has heretofore been amtinuously published in said Collier Count, I -1 aida. distributed in Collicrand Lee counties ofFlorida, each clue and ban been entered as second class mail mailer at the post Mlicc in Naples_ in said ('ollicr Count. I lorida_ for a period of I Near next preceding the first publication of the attached cups of adc crtieanicnl. and alGanl further xacz that he has neither paid nor promised anc person, firm or corporation any discaunl, rebale_ canon i scion or rtiund ion the prupusc of sacau'Ing this udceriinenent for pubhaation in the said newspaper . signaturc of affianQ Sworn to and subscribed before me This 13" Day Of June 2008 (Sign; urc of n ; , publi 1 _nk FEI i9_ 2575327 JUDY J,ANES Commission DD 675025 Expires May 16, 2011 Bonl%d Thin r� ram iusurnnte aW i&4 70 15 17F ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 T L TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed muting slip and original documents are to be forwarded to the Bard Office only ttgt r the Boam has taken action on the item.) ROUTING SLIP Complete muting lines #1 though #4 n appropriate for additional sigistures, 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, comolete the checklist, and forward to Sue Filson pine #5). Route to Addressee(s) List in muting order Office Initials Date 1. 1 iJ P�� oLs GL41 �laslog 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Date Item was l ( V 2 3. r r/ F A roved b the BCC 1 4. by the Office of the County Attomey. This includes signature pages from ordinances, Type of Document //�� r Q e '� 5. Sue Filson, Executive Manager Board of County Commissioners Attached V 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact a the holder of the original document pending BCC approval. Normally the primary contact is the person who creawd/pleliued the executive summary. Printery 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 -1 Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes Phone Number Z5Z - 57 L I Contact GL41 (son 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Date Item was l ( V 2 Agenda item Number r r/ F A roved b the BCC 1 by the Office of the County Attomey. This includes signature pages from ordinances, Type of Document //�� r Q e '� Number of Original resolutions, etc. signed by the County Attomey's Office and signature pages from Attached V Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST 1: Foam/ 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. tial 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 Attomey. This includes signature pages from ordinances, Af 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 MA 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 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. (\,Q Some documents are time sensitive and require forwarding to Tallahassee within a certain 1 time frame or the BCC's actions are millified. Be war o our deadlines! 6. The document was approved by the BCC on W2,q I og (enter date) and all changes made during the meeting have been incorporated to the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Foam/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17 f7 ORDINANCE NO. 2008- 3, AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2001 -13, AS AMENDED, KNOWN AS THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE; PROVIDING FOR A TECHNICAL CORRECTION TO THE USE OF FUNDS PROVISIONS BY DELETING AN OBSOLETE REFERENCE TO THE CAPITAL IMPROVEMENT ELEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has used impact fees as a funding source for growth- related capital improvements for various facilities since 1978; and WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001 -13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code "); and WHEREAS, the Annual Update and Inventory Report (AUIR) identifies the capital facilities needs for public facilities over a five -year time period for both Category "A" and Category "B" Facilities; and WHEREAS, the AUIR is adopted annually by the Board of County Commissioners; and WHEREAS, the AUIR forms the basis for the annual update of the Capital Improvement Element (CIE) for the Category "A" facilities; and WHEREAS, it has been identified by the County Attorney and staff that, based on the above, an obsolete provision exists within the Collier County Consolidated Impact Fee Ordinance regarding the use of funds for those projects contained in the County's five -year CIE; and WHEREAS, the Impact Fee Ordinance provides that "revenue derived from the impact fee shall be utilized only for capital improvements and additions to the public facilities which are reasonably determined to be caused by the impacts of new development" which provides the fee payers certainty in the use of the impact fee funds; and WHEREAS, the County Attorney and the County's Impact Fee Consultant recommend that the Board of County Commissioners amend the Impact Fee Ordinance to remove the provisions for internal ordinance consistency. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article II, Impact Fees, Section 74 -203, Use of funds, subsection (c) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74 -203. Use of funds. Underlined text is added; StM8L Wrengh text is deleted 11'r (c) Impact fee trust funds shall not be used for any expenditure that would be classified as a maintenance or repair expense, nor shall they be used OR iffiff0"effiffit PrEIJ Bets not ifieltided in the Gewit348 five yeaf CIE. *r* SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered and internal cross - references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 24 day of 1Ant , 2008. ATT S , , E'I t'r. Dwilit E. Brock, Clerk i By Att"t as`' 04401 1iian a (), Deputy Clerk signature only BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRM Underlined text is added; Stmak- through text is deleted Page 2 of 2 I 7 f#-4 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008 -31 Which was adopted by the Board of County Commissioners on the 24th day of June, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of June, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Bggt c 10,gt County CommisZ�oner8' �f "w ,i`xrir• gy By: Martha V r , Deputy C1er ,; COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: c0-01101, �,rf �f rN'Y Originating Dept/ Div: Public Utilities Person: Howard Brogdon Date: 5 -12 -08 Petition No. (If none, give brief description): Amendment of the existing Cross Connection /Backflow Ordinance— 97 -33 Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (if more space is needed, attach separate sheet) Pamela Libby — Water Operations Manager — 4370 Mercantile Avenue, Naples, FL 34104 — 252 -6239 Hearing before ® BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other June 24, 2008 ❑ Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 97 -33; AS CODIFIED IN SECTIONS 134 -121 THROUGH 134 -135, KNOWN AS THE COLLIER COUNTY CROSS- CONNECTION CONTROL / BACKFLOW PREVENTION ORDINANCE; BY UPDATING FINDINGS; UPDATING AND ADDING DEFINITIONS; UPDATING OPERATION POLICY AND REQUIREMEN'T'S; UPDATING PROGRAM RESPONSIBILITIES; UPDATING BACKFLOW PREVENTION SYSTEMS; UPDATING BACKFLOW PREVENTION SYSTEM DESIGN; AND DESIGN; UPDATING SERVICE AND REPORTING; UPDATING TECHNICAL IMPLEMENTATION; DELETING PROGRAM FUNDING; CLARIFYING PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advei� g cosJ;9 Yes ❑ No If Yes, what account should be charged for advertising costs: 408 - Reviewed by: Division Administrator or Designee List Attachments: Date 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 Tile: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. 176 FOR CLERK'S OFFICE US O� Y: r l O —ib Date Received: Date of Public hearing. �t�- Date Advertise d j 1144 176 ` s FOR CLERK'S OFFICE US OFD _ N Y: Date Received: _{'"Q Date of Public hearing. r� Date Advertise V V " _ 05!19/2,008 08:00 2397322650 PU OPS PAGE 01!03 VMV w ((++ wides_ tom 1 7 G From: Friday, June 20, 2008 9:26 AM Sant: olko_b To: brogdon h; libby_p Cc: FW: legal ad for ammendment to Ordinance 97.33 Cross - Connection Control/BackflOW Subject: Prevention Attachments: Legal Ad Ammendment to Cross Connection Ord pdf, 2 - Ordinance_Doc_946 2C71.pdf; 3 - 97 -33 Cross Connection.pdf Barbara, I am printing down these documents to sign right now. After I sign, please follow through on Howard's request; then, advise all when all communications are complete. Thanks, TW From-. brogdon_h Sent: Thursday, June 19, 2008 2:27 PM To: wldes_ tom Cc: llbbY_P,. Subject: w: legal ad for ammendment to Ordinance 97-33 Cross Connection ControllBackflow Prevention (( Tom,. Ann Jenne j ohn has requested that the document Request for Legal Advertisement be signed by Mr DeLony or his designee Barbara Indicates you are his designee. If possible could you please have the Legal Ad document attached to Friday, June 13 to June 23. Thanks this email, printed out and signed and then given to Ann at Minutes and Records, or faxed to her at 252.d4M7 This was Annrnved to be advertised by the Board on April 8, and was advertised starting Y. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: i r, y -r�l �NN Originating Dept] Div: Public Utilities Person: Howard Brogdon Date: 5 -12 -08 Petition No. (If none, give brief description): Amendment of the existing Cross Connection /Backflow Ordinance— 97 -33 Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Pamela Libby — Water Operations Manager —4370 Mercantile Avenue, Naples, FL 34104 — 252 -6239 Hearing before ® BCC BZA Other Requested Bearing date: (Based on advertisement appearing 10 days before hearing. June 24, 2008 Newspaper(s) to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 97 -33; AS CODIFIED IN SECTIONS 134 -121 THROUGH 134 -135, KNOWN AS THE COLLIER COUNTY CROSS - CONNECTION CONTROL / BACKFLOW PREVENTION ORDINANCE; BY UPDATING FINDINGS; UPDATING AND ADDING DEFINITIONS; UPDATING OPERATION POLICY AND REQUIREMENTS; UPDATING PROGRAM RESPONSIBILITIES; UPDATING BACKFLOW PREVENTION SYSTEMS; UPDATING BACKFLOW PREVENTION SYSTEM DESIGN; AND DESIGN; UPDATING SERVICE AND REPORTING; UPDATING TECHNICAL IMPLEMENTATION; DELETING PROGRAM FUNDING; CLARIFYING PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ® Yes ❑ No If Yes, what account should be charged for advertising costs:fl98- _�2 45-DOD9734 -5 Reviewed by: of U D.�e r 6 tzc cid> Division s i Div Divsion Aor Designee 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 Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. 17G G " ORDINANCE NO. 2008- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 97 -33; AS CODIFIED IN SECTIONS 134 -121 THROUGH 134 -135, KNOWN AS THE COLLIER COUNTY CROSS- CONNECTION CONTROL BACKFLOW PREVENTION ORDINANCE; BY UPDATING FINDINGS; UPDATING AND ADDING DEFINITIONS; UPDATING OPERATION POLICY AND REQUIREMENTS; UPDATING PROGRAM RESPONSIBILITIES; UPDATING BACKFLOW PREVENTION SYSTEMS; UPDATING BACKFLOW PREVENTION SYSTEM DESIGN; UPDATING SERVICE AND REPORTING; UPDATING TECHNICAL IMPLEMENTATION; DELETING PROGRAM FUNDING; CLARIFYING PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance 97 -33, known as the Collier County Cross - Connection ControlBackflow Prevention Ordinance was adopted to establish a cross - connection control program as required by Florida Administrative Code Rules 62- 555.360, and 62- 610.470; and WHEREAS, establishment and maintenance of a cross - connection control program is a condition and requirement of operating permits issued by the Florida Department of Environmental Protection to the Collier County Water -Sewer District and Goodland Water District; and WHEREAS, the Board of County Commissioners of Collier County, Florida, ("Board') has previously found it to be in the best interest of the public to have a County operated and maintained cross - connection control program to monitor hazards to the County's Public Water System and to protect the public health, safety, and welfare by providing for, among other things, the installation, ownership, repair and testing of backflow prevention assemblies. WHEREAS, on April 8, 2008 at a regularly noticed meeting as Item 16 C 1 the Board directed Public Utilities staff to develop this Ordinance to, among other things, amend certain definitions, update references, delete program funding and clarify penalty provisions; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 17G "ION, SECTION ONE: Amendment to SECTION TWO, Subsections A. and B. of Collier County Ordinance No. 97 -33, codified as Sections 134 -122 (1) and (2) of the Collier County Code of Laws and Ordinances follows: SECTION TWO: FINDINGS. The Board of County Commissioners hereby makes the following findings: A. That Florida Administrative Code Rules 62- 555.360 and A 62.610.469(7) requires all community water systems to establish a cross - connection control program to detect and prevent cross- connections that create or may create an imminent and substantial danger to public health and safety. B. That the Collier County Water -Sewer District and the Goodland Water District are community water systems as defined by Florida Administrative Code Rule 62-550-20002). SECTION TWO Amendment to SECTION THREE, of Collier County Ordinance No. 97- 33, codified as Sections 134 -123 of the Collier County Code of Laws and Ordinances follows: SECTION THREE: DEFINITIONS. Auxiliary Water Supply means any water supply on or available to a facility other than the County's Water System., which is not permitted by the Florida Department of Environmental Protection and over which the County does not have sanitary control. Auxiliary water supplies may include water from another public water supply, any natural source such as a well, spring, river, stream, harbor or used water, Reclaimed Water, irrigation quality (IQ) water, or Industrial Fluids. Division or Article means Collier County Ordinance No. 97 -33 as now or hereafter amended which is codified as Division 4 of Chapter 134 of the County's Code of Laws and Ordinances. Irrigation Quality Water (10) water means water other than potable water which meets all of the Florida and local regulatory requirements as mandated by the Florida Department of Environmental Protection (FDEP) permits and the Florida Administrative Code (F.A.0 ). 2 1 ■ G ` :, t,.4, Reclaimed Water means any seurse er supply ef water whieh sontains in part or entirety oe„,&f40- Poreent water that has received at least secondary treatment and basic disinfection and is reused after flowing out of a domestic wastewater treatment facility. Reduced Pressure Zone Principle Assembly (RP$), Approved means an assembly containing two independently acting approved check valves with replaceable seats together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located and approved testcocks and tightly closing and approved shut -off valves at each end of the assembly. Only those reduced pressure rinci ]e assemblies (RPO) approved by the Foundation for Cross - Connection Control and Hydraulic Research (FCCC) and by the Department are acceptable for installation. Reduced Pressure sene Principle Detector Assembly (RPZD), Approved means an assembly containing two independently acting approved check valves with replaceable seats together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located and approved testcocks and tightly closing and approved shut- off valves, at each end of the assembly. A bypass arrangement consisting of an approved water meter and an approved reduced pressure principle detector assembly shall be incorporated into the mechanism. Only those reduced pressure zone principle detector assemblies (RP--2D) approved by the Foundation for Cross - Connection Control and Hydraulic Research (FCCC) and b the Department are acceptable for installation. * * * * * * * * * * * * SECTION THREE: Amendment to SECTION FOUR, Subsection A. of Collier County Ordinance No. 97 -33, codified as Sections 134 -124 (a) of the Collier County Code of Laws and Ordinances follows: SECTION FOUR: OPERATION POLICY AND REQUIREMENTS. A. Operation Policy. 3 17G ' "Waj' 3. An approved and appropriate backflow prevention assembly shall be installed as part of each Service Connection wherever and whenever any of the following conditions exist beyond the Service Connection: a. An Auxiliary Water Supply exists, that is flet Maintained Of Pefmitted bY b. Industrial Fluids or any other objectionable substances are handled in such a fashion as to create an actual or potential hazard of any kind to the County's Water System. c. Internal plumbing or piping arrangements are not known, making it impracticable or impossible to ascertain whether or not Cross - Connections exist. d A commercial facility and/or multi - family development exists. 4. The type of backflow prevention assembly required shall depend upon the degree of hazard that may exist as follows: a. In cases where there is a surface water auxiliary supply, the County's Water System shall be protected by an approved Air Gap Separation or an approved reduced pressure principle backflow prevention assembly. b. In cases where there is a ground water Auxiliary Water Supply, the County's Public Water System shall be protected by an approved reduced pressure principle backflow prevention assembly. c. In cases where there are any substances that would be objectionable, but not hazardous to health, the County's Water System shall be protected by an approved double Agel, value assemb4y reduced pressure principle backflow prevention assembly. d. In cases of a facility, where material is stored or handled so as to create an actual or potential hazard of any kind to the County's Public Water System, the Public Water System shall be protected by an approved air -gap separation or approved reduced pressure principle backflow prevention assembly. e. In cases of any facility, where because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete 4 17 Cross - Connection survey, the County's Public Water System shall be protected against backflow by either an approved Air Gap Separation or an approved reduced - pressure principle backflow prevention assembly. f In cases of any facility, where the Department determines an undue health threat is posed because of the presence of extremely toxic substances, the Department may require an air gap at the Service Connection to protect the County's Public Water System. 5. Any required backflow prevention assembly and its configuration shall be as specified by this Ordinance, the Collier County Utility Standards and Procedures Ordinance, Ordinance No. 9:7 17 040431, any amendments or successors thereto and the Department's Administrative and Operational Procedures. : * r � r * . ♦ r r r SECTION FOUR: Amendment to SECTION SIX, Subsection C. of Collier County Ordinance No. 97 -33, codified as Sections 134 -126 (c) of the Collier County Code of Laws and Ordinances follows: SECTION SIX: PROGRAM RESPONSIBILITIES C. The Department (privately owned assemblies). (1) The Department shall review and approve the data submitted by Facility Owners for the installation, repairs and overhauls of privately owned assemblies required under this Ordinance or that were existing as of the effective date of this Ordinance. (2) The Department shall have the authority to prohibit a Service Connection or order the disconnection of service to any connection where: a. Any kind of hazard exists to the County's Public Water System. b. The Facility Owner fails to install, operate and maintain an approved and appropriate backflow prevention assembly in accordance with this Ordinance. c. The Department may inspect all new backflow assembly installations for compliance with this Ordinance, the Collier County Utility Standards and Procedures Ordinance, Ordinance No. 97-1- 2004 -31 and any amendments or successors thereto, the then current edition of the AWWA Manual M -14, Seemid 5 17 G a .0 t Editien and other applicable Department Administrative and Operational Procedures. d. The Department shall accept for review only those Cross - Connection survey reports as performed by the Facility Owner on the Department's self - evaluation forms or performed by a certified Cross - Connection control survey inspector or professional engineer. e. The Department shall accept for review only those initial certification tests, scheduled tests, overhauls, repairs, and replacement reports for any backflow prevention assembly performed by a certified technician from the Department's Approved List. g f. The Department shall compile and maintain all significant data resulting from reports submitted under this Ordinance. h g, The Department shall require additional data on any report as deemed necessary, prudent or helpful in the execution of this Ordinance. * * * * * * * * * * * * SECTION FIVE: Amendment to SECTION SEVEN, Subsections A and B of Collier County Ordinance No. 97 -33, codified as Sections 134 -127 (a) and (b) of the Collier County Code of Laws and Ordinances follows: SECTION SEVEN: BACKFLOW PREVENTION SYSTEMS. A. Approved Backflow Prevention Assemblies. An approved backflow prevention assembly under this Ordinance is one that meets those standards set forth by the American Water Works Association (AWWA), the American Society of Sanitary Engineers (ASSE) and the Foundation for Cross - Connection Control and Hydraulic Research (FCCC), and is published as approved in the FCCC's list of Approved Backflow Prevention Assemblies. For assemblies owned by the County, the County reserves the right to limit the number of model(s) of approved assemblies for purposes of standardization and conformity to system conditions. Approved assemblies shall have the following features. (1) Shall be testable in tine. 1l 17G ° . (2) Shall be repairable in line. (3) Shall have approved shut -off valves located at each end of the backflow preventer. (4) Shall be supplied with ammonia resistant silicone disc'' -s or other material having the same ammonia resistant properties and approved by the Department. (5) Shall have: a. Resilient seated (wedge), full -flow shut -off valves (or resilient seated, full - flow ball valves) on sizes two (2) inches or smaller that shall be marked with: 1. The manufacturer's name or symbol; 2. Nominal size of valve; 3. Model number; 4. Working pressure. b. Resilient seated testcocks with: 1. An operating stem, which must indicate if the testcock is open or closed; 2. The operating stem on a ball valve type of testcock must be blow -out proof; 3. The materials specified as bronze or approved equal. (6) The assembly (itself) shall contain the following minimum markings: a. The manufacturer's name or symbol; b. The type of assembly; c. Assembly size; d. Assembly model number; e. Assembly serial number; f Rated working water pressure; g. Direction of flow. (7) No backflow prevention assembly shall be installed under this Ordinance unless spare parts are represented by the manufacturer to be available for a minimum of seven (7) years from date of installation. B. Hazard Classifications. Unless otherwise specified by this Ordinance, the Department shall use the American Water Works Association (AWWA) standards and guidelines in determining all classifications of hazards (whether actual or potential). Single family facilities shall be evaluated on a case -by -case basis. To the extent such residential 7 176 facilities do not have auxiliary water sources or other types of systems or operations on -site which would classify the system as hazardous, a backflow prevention assembly shall not be required. Multifamily facilities with a single Service Connection or individual Service Connections having as auxiliary water or other types of systems or operations on -site that would classify the system as hazardous shall have an RPS assembly installed as required by this Ordinance. SECTION SIX: Amendment to SECTION EIGHT of Collier County Ordinance No. 97 -33, codified as Sections 134 -128 of the Collier County Code of Laws and Ordinances follows: SECTION EIGHT: BACKFLOW PREVENTION SYSTEM DESIGN. A. All Facilities. (1) The design shall be consistent with the standards and specifications found in the Collier County Utility Standards and Procedures Ordinance, Ordinance No. 97 17 2004 -31 and any amendments or successors thereto, and the Department's operational and administrative procedures. (2) The design shall utilize AWWA standards and guidelines and FCCC approved backflow prevention assemblies (latest edition) unless otherwise specified by this Ordinance or the Department's administrative and operational procedures. (3) Backflow prevention assemblies shall be designed as part of the County's Service Connection, unless otherwise approved by the Department. (4) The Facility Owner shall be responsible for determining if the Facility's System requires an uninterrupted supply of water that would be adversely affected by routine maintenance or other activities involving the backflow prevention assembly. The Facility Owner shall be responsible for installing or requesting a parallel backflow prevention assembly. In such instances, two (2) approved backflow prevention assemblies of the same manufacturer, size and model numbers shall be installed. (5) A minimum side distance of one and one -half (1.5) feet from any and all, fixed aperture or landscaping. Backflow devices must be left accessible to County employees at all times this may pose or present a violation of health, safety, and welfare An entry way of at least three (3) feet in width must be K HW maintained by prUcrty owner. Dangerous and/or dense underbrush will be trimmed to a "margin of safety" by County employees and a charge determined by the County will be billed to property owner. B. Existing facilities only. (1) Residential (Single Family). If an actual hazard as defined in this Ordinance poses a threat to the County Public Water System, an approved backflow prevention assembly shall be installed. (2) Other facilities. These facilities include, but are not limited to commercial, industrial, and multi - family residential facilities. Where actual or potential hazards are identified, an approved backflow prevention assembly shall be installed. In some instances, it may be difficult or impossible to accurately determine such a facility's Cross - Connection status because plumbing plans of the facility's potable water system are non - existent, unreliable or unobtainable. In some instances where a Cross - Connection survey is not feasible, an Air Gap Separation or reduced pressure deviee assembly shall be installed based upon the degree of hazard. C. Installation requirements. 1. All installations shall be consistent with the Department's administrative and operational procedures. a All approved backflow prevention assemblies shall be installed above final finished grade unless otherwise approved by the Department, and shall be consistent with the Department's administrative operational procedures a.b. All approved backflow prevention assemblies for commercial, industrial and multi - family facilities shall be installed above final finished grade, unless otherwise approved by the Department. bc. Residential double check Backflow assemblies may be installed below grade in an enclosure specified or acceptable to the Department. rd. Residential Reduced Pressure assemblies shall be installed above final finished grade. 3.2.Backflow prevention assemblies shall not be installed above final finished grade in any type of vault, unless such vault is constructed to allow at least thirty percent (30 %) of its sidewalls to be open or ventilated at the grade level. These openings or vents shall 9 176 be unobstructed and of such size to permit any vented water to freely pass through the openings to the outside. 43.13ackflow prevention assemblies shall not be installed in any position other than horizontal, unless the assembly has received approval for such installation by the assembly's manufacturer and the FCCC. 3- 4.Backtlow prevention assemblies shall be installed in outside locations as part of the Department's Service Connection and shall be protected from possible damage caused by normal traffic. 6 -5.All backflow prevention assemblies shall be a minimum of twelve (12) inches above final finished grade (or pad) to a maximum of thirty (30) inches, as measured from the lowest point of the assembly,; fr-oin any wall, fixed apeFtufa or landseaping. 7--.6.All backflow prevention assembly installations shall be preceded by a wye strainer (3/S 3/4" to 2 ") or top access strainer (2 1/2" to 10 ") and an appropri ate shut- off valve to facilitate cleaning and inspection of the strainer. All assemblies and strainers serving fire protection systems shall be approved for such service. In addition, all assemblies shall be supplied with ammonia resistant silicone discs or a Department approved equal. 8.7. Installers of backflow prevention assemblies may test and certify the backflow prevention assembly they have installed. However, all such tests and certification reports shall be completed only by a technician with the appropriate certification from the County's approved list. SECTION SEVEN: Amendment to SECTION NINE of Collier County Ordinance No. 97- 33, codified as Sections 134 -129 of the Collier County Code of Laws and Ordinances follows: SECTION NINE: SERVICE AND REPORTING. (f) Cross - Connection survey reports. (1) New facilities. The owner of a new facility shall submit a Cross - Connection survey report for the facility to the Department prior to occupancy and Service Connection 10 17G 01 Au activation. The report shall be submitted for the facility using the Department's approved forms. Survey reports shall include the survey inspector's or engineer's recommended backflow prevention assembly for the degree of hazard created by the facility. Survey reports for other than single -family residences shall be completed by a certified Cross - Connection control survey inspector or engineer and shall contain that inspector's name and certification number on each page or the engineer's seal and number. Any such reports submitted to the Department without this information shall be deemed unacceptable and shall not be reviewed. For single - family residences, the survey report may be filled out by the Facility Owner using the Department's approved self - evaluation forms. (2) Via DepwaFt_mierA shall send netifieatien to the eA%efs of eikistin faeifities whafe CFars PenneetieffB e SUSpeet-A. t:aGility Owners Shy --Upe ngfifigation —013d- withift 90 days submit a Cress Go et4 fer the faeilit widleui this ififermmien shall be deemed r ,.,t tabl ..t.,,lt not be reviewed. Fe sia& fiunily residenees, the stffvey r-ep@Ft may be filled out by the owner using the (3) u Reclaimed Water connections All properties served by Reclaimed Water shall be surveyed at intervals, acceptable to the Department of Environmental Protection, but no less than every three years as to changes, additions or deletions in the customer plumbing system. All property surveys found to have the potential to create a Cross - Connection shall undergo further review up to and including site visits by the County to investigate potential hazards. (4) (D Survey report review and approval. After the Department has received and reviewed the Cross-Connection survey report for a proposed facility or use, the Department may take the following action: a. The Department may accept the Cross - Connection survey report as written. b. The Department may reject the Cross - Connection survey report as written 11 17 c. The Department may request additional information before accepting or rejecting the report. d. The Department may require a meeting with the Facility Owner's designated agent, certified Cross - Connection control survey inspector, engineer or all such entities or individuals involved before acting upon the report as submitted. (4) Department acceptance of Cross - Connection survey report. Upon acceptance and approval of the Cross - Connection survey report, the Department shall issue a notice of acceptance. Once a backflow prevention assembly has been approved by the Department, no changes or alterations shall be made without the approval of the Department. SECTION EIGHT: Amendment to SECTION TEN of Collier County Ordinance No. 97- 33, codified as Sections 134-130 of the Collier County Code of Laws and Ordinances follows: SECTION TEN: TECHNICAL IMPLEMENTATION. In order to provide protection to the County's Public Water System from Contamination and a high level of customer service and program quality at a reasonable and economical cost to the customers or consumers of the Collier County Water -Sewer District and Goodland Water District, all backflow prevention assemblies installed for the purposes of complying with this Ordinance shall be owned by the County. prevention ass— lies, that afe s*eet to this Ordinanee, may dedioate afid eefivey these OFdip.Hwe: Any assemblies not dedicated and conveyed to the County within &A "^ day period shall remain in private ownership unless the conveyance is approved by the County. In cases where ownership of a backflow prevention assembly remains with the Facility Owner, the Facility Owner shall be responsible for complying with all maintenance and other requirements of this Ordinance. The technical and administrative requirements of this Ordinance shall be implemented as follows. A. Program Administration. It shall be the responsibility of the Department to administer, coordinate, monitor and track the technical implementation and ongoing requirements of the Ordinance for compliance B. New installations. 12 17G ' � 1. Backflow prevention assemblies for 3/8 3/4" through 2" meters shall, if identified as necessary at the time of service application, be installed by the Department or the County's contract agent as part of and at the time of the installation of the County's Service Connection. 2.. Backflow prevention assemblies for meters greater than 2" size shall be installed as part or the Service Connection for new construction by a plumbing or underground contractor retained by the Facility Owner. All such backflow prevention assemblies shall be conveyed to the County for ownership in accordance with the Collier County Utility Standards and Procedures Ordinance, Ordinance No. 97 1-7- 2004 -31, any amendments or successors thereto, and the Department's administrative and operational procedures. 2. Baekflew pFeventian assem-Mies where the meter is greater gian two in C. Repairs. 1. Repairs of backflow prevention assemblies where the meter is 3/9 3/4" through 2" shall be performed by the Department or the County's contract agent. 2. Repairs of backflow prevention assemblies where the meter is greater than 2" shall be performed by the Department or the County's contract agent. SECTION NINE: Amendment to SECTION ELEVEN of Collier County Ordinance No. 97 -33, codified as Sections 134 -131 of the Collier County Code of Laws and Ordinances follows: 13 17G k 1 011. SECTION TEN: Amendment to SECTION THIRTEEN of Collier County Ordinance No. 97 -33, codified as Sections 134 -133 of the Collier County Code of Laws and Ordinances follows: SECTION THIRTEEN: PENALTIES. (a) Any person who violates any provision of this Ordinance, or amendments thereto, shall be subject to the penalties provided in Section 125.69, Florida Statutes. In addition, the County may bring suit for damages for any violation of this Ordinance and amendments thereto, and to restrain, enjoin or otherwise prevent a violation of or mandate compliance with this Ordinance and amendments thereto. 14 • SECTION TEN: Amendment to SECTION THIRTEEN of Collier County Ordinance No. 97 -33, codified as Sections 134 -133 of the Collier County Code of Laws and Ordinances follows: SECTION THIRTEEN: PENALTIES. (a) Any person who violates any provision of this Ordinance, or amendments thereto, shall be subject to the penalties provided in Section 125.69, Florida Statutes. In addition, the County may bring suit for damages for any violation of this Ordinance and amendments thereto, and to restrain, enjoin or otherwise prevent a violation of or mandate compliance with this Ordinance and amendments thereto. 14 17G . (b) All penalty provisions in Section 1 -6 of the County's Code of Laws and Ordinances apply to this Ordinance except the $500 fine limitation in subsection "c" therein. Fines applicable to any violation(s) of this Ordinance shall be determined by the then existing rules of the respective enforcement forum. (c) Any violation of this Ordinance can be referred for enforcement by Collier County Code Enforcement officer(s) in which event the provisions of Section 2 -2044 of the County's Code of Laws and Ordinances shall apply. (d) Any violation(s) of this Ordinance may be referred for enforcement to a Code Enforcement Board Special Magistrate or Nuisance Abatement Bboard, in which event the provisions of Section 2 -2030 of the County's Code of Laws and Ordinances shall apply. (e) No individual shall be subject to imprisonment for violating any provision of this Ordinance except as may be imposed by the court for contempt. (f) If it is determined by the Public Utility Administrator that (i) an emergency without notice to the owner, or (ii) after reasonable notice from staff to correct a correctable violation of this Ordinance was not promptly and completely corrected by the owner, whereby County staff (and/or a contractor contracted by the County) was required to correct abate cure or otherwise serve any hazard and/or Contamination, make any repair, replacement and/or other improvement to any privately owned assembly or part thereof, and/or any connection, physical arrangement or facilitr1as such term is defined in this Ordinance) then pursuant to any applicable Florida law, including Section 153.67. Florida Statutes and/or Special Act Chapter 2003 -353. Laws of Florida including Section 10 and/or Section 22 therein shall impose a lien (for such services) Won any parcel of property (land) affected thereby, including all costs, expenses, interests thereon and as applicable reasonable attorney's fees and all other costs of collection as applicable. (g) All other enforcement provisions in Chapter 2003 -353. Laws of Florida, also apply to violations of this Ordinance. SECTION ELEVEN: CONFLICT AND SEVERABILITY. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare, and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any 15 1■ G #` A court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the most restrictive shall apply. If any phrase or portion of this Article is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION TWELVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word " ordinancc may be changed to "section" "article ", or any other appropriate word. SECTION THIRTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 12009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA !- Approval as to form and legal Sufficiency: Jee�nifer A. Be Zd'o Assistant County ttorney TOM HENNING, CHAIRMAN 16 O WHEREAS, Florida Administrative Code Rule 62- 555.360 requires all community water systems to have n crass - connection control program: and WHEREAS, Florida Administrative Code Rule 62- 610.470 requires that all communities served by reclaimed water have a cross - connection control program to prevent contamination of the potable water system; and WHEREAS, establishment and maintenance of a cross- connection control program is a condition and requirement of operating permits issued by the Florida Department of Environmental Protection to the Collier County Water -Sewer District and Goodland Water District; and WHEREAS, the Board of County Commissioners or Collier County, Florida, finds it to be in the best interest of the public to have a County operated and maintained cross - connection control program to monitor hazards to the Counlys Public Water System and to protect the public health, safely and welfare by providing for, among other things, the installation, ownership, repair and testing of backllow prevention assemblies. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE.: TITLE AND CITATION. This Ordinance shall be known as and cited as "The Collie. County Cross - Connection Control I Backnow Prevention Ordinance ". SECTION TWO: FINDINGS. The Board of County Commissioners hereby makes the following findings: A. That Florida Administrative Code Rule 62- 555.360 and 62.610.47D requires all community water systems to establish a cross - connection control program to detect and prevent cross - connections that create or may create an irnminenl and substantial danger to public health and safety. ORDINANCE NO. 97 -�3 -!, M AN ORDINANCE CREATING AND ESTABLISHING Ac,."t�rrr't> CROSS - CONNECTION CONTROL PROGRAM; SETTING FORTH THE -___- PURPOSE; PROVIDING DEFINITIONS; PROVIDING AN OPERATION POLICY; PROVIDING FOR INSTALLATION, MAINTENANCE AND TESTING REQUIREMENTS FOR COUNTY OWNED AND PRIVATELY OWNED BACKFLOW PREVENTION ASSEMBLIES: PROVIDING n RESPONSIBILITIES OF THE COLLIER COUNTY WARR DEPARTMENT; PROVIDING PROGRAM RESPONSIBILITIES; PROVIDING FOR BACKFLOW PREVENTION SYSTEMS; PROVIDING c.> FOR BACKFLOW PREVENTION SYSTEM DESIGN; PROVIDQ�G u r n SERVICE AND REPORTING SCHEDULES AND REQUIREMENTS FPR -<, Q BACKFLOW PREVENTION ASSEMBLIES; PROVIDING FgR TECHNICAL IMPLEMENTATION; PROVIDING FOR FUNDOW.; -10.� PROVIDING FOR TERMINATION OF SERVICE; PROVIDING FOR PENALTIES; PROVIDING FOR THE COLLECTION OF FEES, CHARGES AND RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE. OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Administrative Code Rule 62- 555.360 requires all community water systems to have n crass - connection control program: and WHEREAS, Florida Administrative Code Rule 62- 610.470 requires that all communities served by reclaimed water have a cross - connection control program to prevent contamination of the potable water system; and WHEREAS, establishment and maintenance of a cross- connection control program is a condition and requirement of operating permits issued by the Florida Department of Environmental Protection to the Collier County Water -Sewer District and Goodland Water District; and WHEREAS, the Board of County Commissioners or Collier County, Florida, finds it to be in the best interest of the public to have a County operated and maintained cross - connection control program to monitor hazards to the Counlys Public Water System and to protect the public health, safely and welfare by providing for, among other things, the installation, ownership, repair and testing of backllow prevention assemblies. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE.: TITLE AND CITATION. This Ordinance shall be known as and cited as "The Collie. County Cross - Connection Control I Backnow Prevention Ordinance ". SECTION TWO: FINDINGS. The Board of County Commissioners hereby makes the following findings: A. That Florida Administrative Code Rule 62- 555.360 and 62.610.47D requires all community water systems to establish a cross - connection control program to detect and prevent cross - connections that create or may create an irnminenl and substantial danger to public health and safety. B. That the Collier County Water -Sewer District and the Goodland Water District are community water systems as defined by Florida Administrative Code Rule 62- 550.200 (9). C. That the establishment and maintenance of a cross - connection control program is a condition and requirement of County's water and wastewater operating permits issued by the Florida Department of Environmental Protection to the Collier County Water -Sewer District and the Goodland Water District. D. That the health, safely and welfare of persons using and/or relying upon the Public water system of the Collier County Watcr -Sewer District and the Goodland Water District is best ® served and protected by the establishment and maintenance of a cross - connection control/backf)ow prevention program, including provisions for installation of backnow prevention assemblies, to prevent the County's Public Water System from becoming polluted or contaminated by backnow from actual or potential contaminants or pollutants. E. That it is in the best interest of the users of the Collier County Watcr -Sewcr District and Goodland Water District and the public generally that if, in accordance with this Ordinance, a backnow prevention assembly must be installed as part of any water service connection within either the Collier County Water -Sewcr District or Goodland Water District, that the Collier County Water Department shall install and maintain or cause to be installed and maintained the appropriate backnow prevention assembly for the degree or hazard presented and the County shall own the backnow prevention assembly. SECTION THREE: DEFINITIONS. For the purposes of this Ordinance, the definitions contained in this Section shall apply unless otherwise specifically stated. Words used in the present tense include the future, words in the plural number include the singular, and words in the singular include,the plural. The word "shall' is always mandatory and not merely discretionary. Ak Qap e aratigll: A physical separation between the free - vowing discharge end of a potable water supply pipeline and an open or non- pressure receiving vessel. An approved air -gap separation shall he at least double the diameter of the supply pipe as measured vertically above the lop of the rim of the receiving vessel. In no case, shall the air -gap be less than nne inch. Approved List: The list of certified backnow prevention assembly technicians and cross - connection survey technicians who have submitted thew certification and in the case of assembly technician, the most recent calibration results on their testing equipment, to the Department for review and approval. An applicants meeting these requirements shall be approved to perform work on private and County owned backnow assemblies. To remain on the approved Est, applicants must comply with all the requirements listed within this Ordinance and the requirements under which they were certified. _Auxiliary Water Supply Any water supply on or available to a facility other than the ® County's water system, which is not permitted by the Florida Department of Environmental Protection and over which the County does not `rave sanitary control. Auxiliary water supplies may include water from another public water supply, any natural source such as a well, spring, river, stream, harbor or used water, reclaimed water or industrial fluids. 2 n LJ M Backflowo A reversal of the normal direction of now, which has the potential to introduce used water or mixtures of used water and other liquids, gases or other substances into the County's Public water system from a source or sources. Backilow may occur as the result of back - pressure, back- siphonage or both. Back- Pressure: Any elevation of pressure in the downstream piping system caused by a pump, elevated tank, boiler, or other means that could create pressure within that system greater than the supply pressure of the County's water system which, would cause, or tend to cause, a reversal of the normal direction of flow, Backflow Prevention Assembly. Approved: A mechanical assembly that meets those standards as set forth by the American Water Works Association (AW WA), the American Society of Sanitary Engineers (ASSE), and the Foundation far Cross - Connection Control and Hydraulic Research (FCCC), that has been approved for the prevention of backnow, as back - pressure and back- siphonage, by the Foundation for Cross - Connection Control and Hydraulic Research, and is published in the FCCC's List of Approved Backilow Prevention Assemblies. Backflow Prevention Assembly Test Eguinmenl Approve Equipment recommended by the assembly manufacturer and approved by the Department. L3pcsl ILow Prevention Methods as approved by the American Water Works Association (AWWA) or the Foundation for Cross - Connection Control and Hydraulic Research (FCCC), whichever is more stringent. ac jlow Control: A connection between a County's water system and a facility's system with an approved and appropriate backnow prevention assembly properly installed that will continuously afford protection against contamination or pollution commensurate with the degree of hazard. a2iekQow Preventiqn_As�embly Tec _ic �Ap tLroved_ My person holding at a minimum a valid and current certificate from the University of Florida TREECO Center (UF/TREECO) or equivalent certification program as a certified backnow prevention assembly technician and who has submitted the proper documentation to the Department. Back-SSi hhonaee: A form of backnow due to a reduction of pressure in the County's Public Water System. Contamination: An impairment of the quality of the County's Public Water System by sewage, industrial fluids or wastes, compounds or other materials to a degree which creates an actual hazmd to the public health through poisoning or through the spread of disease. County: For purposes of This Ordinance, the term "County" shall mean Collier County, a political subdivision of the state and, where the context requires or warrants, shall also be deemed to include the Collier County Water -Sewer District and the Goodland Water District. ® _CQuntY a Public Water System: For purposes of this Ordinance, the term "County Public Water System" shall mean any or all components of either or both the Collier County Water. Sewer District and Goodland Water District's water systems. Cross - Connection: Any physical arrangement whereby the County's Public Water System is connected, directly or indirectly, with any other water supply, sewer, drain, conduit, pool, storage reservoir, plumbing future, or other device which contains or may contain 3 contaminated water, sewage or other wastes or liquids of unknown or unsafe quality, which may be capable of imparting contamination to the public water system, as the result of back Row. By -pass arrangements, jumper connections, removable sections, swivel or changeable devices, or other temporary or permanent devices, through which or because of which, backllow could occur are considered to be cross - connections unless otherwise specified within this ordinance. Cross-C Cross-C nnection Control: The installation of an approved backflow prevention assembly as part of the County's service connection to a facility where there are actual or O potential cross - connections. Cross - Connection Control Program: The findings, requirements and procedures established by this Ordinance and any administrative policies and operational procedures established by the Department to administer and effectuate this Ordinance. Department: The Collier County Water Department. (Double Check Valve Assembly (DC). Approved: An assembly composed of two single, independently acting, check valves including a tightly closing approved shut -off valve located at each end of the assembly and approved connections (testcocks) for testing the water tightness of each check valve. The check valve shat! permit no leakage in a direction reverse of normal flow. The closure element shall be intemady weighted or otherwise loaded to promote rapid and positive closure and supplied with replacement valve scats. Only those double check valve assemblies (DC) approved by the Foundation for Cross - Connection Control, Hydraulic Research (FCCC) and the Department are acceptable for installation. Double Detector Check Valve Assembly (DD C). Approved: An assembly of two independently operating approved check valves with replaceable scats and tightly closing approved shut -off valves on each side of the check valves, plus properly, located and approved testcocks for the testing of each check valve. A bypass (detector) arrangement consisting of an approved meter and an approved double check valve assembly shall be incorporated with the assembly for detection of leaks or unauthorized use of water. Only those double detector check valve assemblies (DDC) npproved by the Foundation for Cross - Connection Control, Hydraulic Research (FCCC) and the Department are acceptable for installation. acilil : A residence, building, structure, property, business, operation or premises of any kind that is connected or seeks to connect to the County Public Water System. Facility Owner The owner, and to the extent the purposes and requirements of this Ordinance warrant, a lessee or sublessee of a residence, budding, structure, property, business, operation or premises of any kind that is connected or seeks to connect to the County Public Water System to receive water through the service connection. The term "facility owner" shall also include any agent or representative of a facility owner acting for or on behalf of the facility owner. ® Facility's System: The facility's system shall begin beyond the County's service connection. The facility's system may include a potable water system, an industrial piping system or both and may be supplied by the County Public water system or an auxiliary water system or both. 4 __ 17G _Ground Water Sour: Water that is withdrawn from an underground aquifer that is not considered by the Florida Department of Environmental Protection to be under the direct influence of surface water. Haz�rsl, Detuee o� The term is derived from an evaluation of the potential risk to the public's health, safely and welfare and the potential adverse effect upon the County's Public Water System. Hazard, Health: A cross - connection or potential cross-connection involving any substance that could, if introduced into the County's Public Water System cause death, illness, spread disease or have a high probability of causing such effects. Hazard. Non-flea ft A cross - connection or potential cross - connection involving any substance that generally would not be a health hazard, but would constitute a nuisance or be aesthetically objectionable. if introduced into the County's Public Water System. Hazard Pollution An actual or potential threat to the physical properties or the potability of the County's Public water system, which would constitute a nuisance or be aesthetically objectionable or could cause damage to the County's Public Water System or its appurtenances, but would not be dangerous to health. Hazard. System: inn actual or dotential threat of severe damage to the physical properties of the County's Public Water System from pollution or contamination which would have a protracted eirect on the quality of the County's Public Water System. industrial Fluids: Any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, non - health. plumbing, pollution or system hazard if introduced into the County's Public Water System. This may include, but is not limited to: polluted or contaminated waters; all types of processed waters and used waters originating from the County's Public Water System which may deteriorate in sanitary quality; chemicals in fluid form; plating acids and alkalis: circulated cooling waters connected to an open cooling tower or cooling towers that arc chemically or biologically treated or stabilized, with toxic substances; contaminated natural waters, such as from wells, springs. rivers, bays, harbors, seas, irrigation canals or systems; oils, gases, glycerin, parallins, caustic and acid solutions and other liquids and gaseous fluids used for industrial or other purposes or for fire- fighting purposes. Reclaimed Water: Any source or supply of water which contains in part or entirety water from a wastewater treatment facility in excess of 10 %. Reduced Pressure Zone Assembly (RPZ) Approved: An assembly containing two independently acting approved check valves with replaceable scats together with a hydraulically operating, mechanically independent pressure difrerential relief valve located between the check • valves and at the same time below the first check valve. The unit shall include property located and approved testcocks and tightly closing and approved shut -off valves at each end of the assembly. Only those reduced pressure zone assemblies (RPZ) approved by the Foundation for Cross - Connection Control, Hydraulic Research (FCCC) and the Department are acceptable for installation. 5 17G Reduced Pressure Zane Detector Assembly IMZDI. Approved; An assembly containing two independently acting approved check valves with replaceable seats together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located and approved testcocks and tightly closing and approved shut -of valves, at each end of the assembly. A bypass arrangement consisting of an approved water meter and an approved reduced pressure zone assembly shall be incorporated into the mechanism. Only those ® reduced pressure zone detector assemblies (RPZD) approved by the Foundation for Cross - Connection Control, Hydraulic Research (FCCC) and the Department are acceptable for installation. Service Connection: The term "service connection" shall refer to a County owned and maintained water service connection to any facility and shall include the corporation stop, valuing, saddle, service line and all fittings up to and including the meter and any back0ow prevention assembly installed in accordance with this Ordinance. Ownership and maintenance of the service connection shall be is the responsibility of the County. Surface Water SuMly: Any •lurce or supply of water which contains in part or entirety water from a lake, canal, pond, retention area or wetland in excess of 10% shall be considered a surface water supply. Water. Non - Potable: Water that is not safe for human consumption or that is of questionable quality. Water. otable: Water that is safe for human consumption as described by the Florida Department of Environmental Protection. Water Purveyor: For the purposes of this Ordinance, the term '-water purveyor" shall refer to the Collier County Water -Sewer District and Goodland Water District. Public Water Supply, Approved Any public or private potable water supply or system which has been approved by the Florida Department of Environmental Protection and which is operating under a valid Florida Department of Environmental Protection operating permit. Water Supply. UnAp rp oved, A water supply which has not been approved for public consumption by the Florida Department of Environmental Protection. Water, Used: Refers to any water supplied by the County water system (s) alter it has passed through the customer's service connection and is no longer under the sanitary control of the County. SECTION FOUR: OPERATION POLICY AND REQUIREMENTS, A. Operation Policy I. No service connection that creates an actual or verified potential hazard to the County's Public Water System shall be installed or maintained by the County unless ® the County's Public Water System is protected as required by this Ordinance. Service of water to any premises shall be discontinued by the County if a backllow prevention assembly required by this Ordinance is not installed, tested and maintained or if it is found that a backllow prevention assembly has been removed or tampered with. Service shall not be restored until such conditions or defects are corrected. 6 17G 2. The facility owner shall be responsible for monitoring the changes in use of the facility and the degree of hazard that those changes represent to the County's Public Water System in accordance with this Ordinance. Failure to provide this information to the Department in a timely manner may result in immediate discontinuance of service until the facility owner has corrected the hazard and reported the information, as required under this Ordinance, to the Department, 3. M approved and appropriate backflow prevention assembly shall be installed as part of each service connection wherever and whenever any of the following conditions exist beyond the water service connection: a. M auxiliary water supply exists that is not maintained or permitted by the Department of Environmental Protection. b. Industrial fluids or any other objectionable substances are handled in such a fashion as to create an actual or potential hazard of any kind to the County's Public Water Svstem. C. Internal plumbing or piping arrangements are not known, making it impracticable or impossible to ascertain whether or not cross - connections exist. 4. The type of backflow prevention assembly required shall depend upon the degree of hazard that may exist as follows: a. In cases where there is a surface water auxiliary supply, the County's water system shall be protected by an approved air -gap separation or an approved reduced- pressure principle backflow prevention assembly. b. In cases where there is a ground water auxiliary water supply, the County's Public Water System shall be protected by an approved double check valve assembly. C. In cases where there are any substances that would be objectionable, but not hazardous to health, the County's Public Water System shall be protected by an approved double check valve assembly. d. In cases of a facility, where material is stored or handled so as to create an actual or potential hazard of any kind to the County's Public Water System, the Public water system shall be protected by an approved air -gap separation or an approved reduced - pressure principle backflow prevention assembly. e. In cases of any facility, where because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross - connection survey, the County's Public Water System shall be protected against backflow by either an approved air -gap separation or an approved reduced.pmssure principle backflow prevention assembly. f. In cases orany facility, where the Department determines an undue health threat is posed because of the presence of extremely toxic substances, tic Department may require an air gap at the service connection w protect the County's Public Water System. 5. Any required backflow prevention assembly and its configuration shall be 7 as specified by this Ordinance, the Collier County Utility Standards and Procedures Ordinance, Ordinance No. 97 -17, any amendments or successors thereto, and the Department's administrative and operational procedures. 6. In the case of any facility, where a backflow prevention assembly is installed, it shall be the responsibility of the facility owner to adhere to the requirements for facility owners as specified within this Ordinance. 7. All persons or companies providing services to the County or the facility owner as specified by this Ordinance shall comply with all provisions and requirements of this Ordinance. Failure to adhere to the requirements contained within this Ordinance shall be grounds for removal from the Department's approved list or termination of any County contracts for the provision of services under this Ordinance. g. All installed backllow prevention assemblies existing as of the effective date of this Ordinance that do not meet the requirements of this Ordinance, but that were approved assemblies for the purposes of this Ordinance at the time of installation and that have been properly maintained, shall be exempt from the construction slandards of this Ordinance and the Department's related administrative and operational procedures provided dint any such backflow prevention assembly will satisfactorily protect the County's Public Water System. Whenever any such existing assembly is moved from its present location or requires replacement, the assembly shall be replaced by an approved backllow prevention assembly meeting all of the requirements of this Ordinance. B. CouniLQmmed BackQpw Preventioafls- mblies. rtgallatiory Maintenance and Testing Requirements. Ownership. The County shall own all backflow prevention assemblies as required by this Ordinance. 2. Installation. The County shall install or cause to be installed the appropriate new or replacement backflow prevention assembly in accordance with this Ordinance. 3. Maintenance. The County shall maintain or cause to be maintained all backflow prevention assemblies in accordance with this Ordinance. 4. Testing. The County shall test or cause to be tested all backllow prevention assemblies in accordance with this Ordinance. SECTION FIVE: DEPARTMENT RESPONSIBILITIES. The County shall maintain a Cross - Connection Control and Backllow Prevention Section within the Department to administer the requirements of this Ordinance. The Department shall maintain a minimum staff of cenificd personnel to perform and or oversee the following services a; required by this Ordinance: ® A. Cross - Connection Survey Reports review; B. Site (field) inspections; C. Cross - connection control system approval; D. Emergency services and inspections; E. Educational assistance regarding cross - connection control; A 17G F. Maintenance and correlation of data generated by the cross - connection control program; C. Administration of all fees end penalties of this program; H. Review of qualifications established under this Ordinance for approving private independent testers and repair technicians; 1. Administration of any County contracts for the installation, maintenance, repair and testing of backnow prevention assemblies; and, J. Installation, maintenance, repair and testing of backnow prevention assemblies. SECTION SIX: PROGRAM RESPONSIBILITIES. A. Facility Owner (Privately Owned Assemblies) 1. The facility owner shall be responsible for evaluating the hazard posed by the facility's system or facility's use and ensuring, by installation of an appropriate backnow prevention assembly, that water from an unsuitable source or any other harmful substance does not enter the County's Public Water System. 2. All facilities (new and existing) that pose a hazard to the Counlys Public Water System shall comply wi". nil terms of this Ordinance under the direction of the Derailment. 3. The facility owner shall comply with all requirements specified by the Department in its administration of this Ordinance. 4. Upon order by the Department, the facility owner shall install, or cause to be installed, a backnow prevention assembly and shall maintain such assembly at the facility owner's expanse. S. The facility owner shall be directly responsible, an(I wholly liable. for all procedures regarding the facility's backnow assembly. 6. No facility owner may alter the backnow prevention assembly protecting the County's Public Water System unless such alteration is approved by the Department. 7. No facility owner may circumvent the facility's backllow assembly protecting the Counlys Public Water System. 8. No facility owner shall operate the facility's internal water system when any pan of that system is malfunctioning in a manner that poses a hazard of any kind to the County's Public Water System. 9. The facility owner shall immediately report to the Department any malfunction or damage which could ancct the assembly's ability to protect the County's Public Water System. 10. The facility owner shall be responsible for arranging all installations, • testing, repairs or overhauls in accordance with this Ordinance. In addition, the facility owner shall be responsible for maintaining copies of all documentation and results of all tests, repairs, overhauls, and replacements for the backnow assembly protecting the County's Public Water System on rile at the facility's location for a minimum of ten (10) years. 9 17G 1 I. The facility owner shall maintain a copy of the facility's cross- connection survey report at the facility's location at all times. B. Facility Owner (County Owned Assemblies), 1. The facility owner shall be responsible for evaluating the heard that the facility's system or facility's use poses to the County's Public Water System and reporting that information to the Department so that the Department may install or cause to be installed an appropriate backllow prevention assembly. 2. The facility owner is responsible for evaluating the effect of changes to the facility's water system or use of the facility over time to ensure that the existing backllow prevention assembly is appropriate for that hazard and reporting that information to the Department. 3. The facility owner is responsible for immediately notifying the Department if the baci low prevention assembly is observed to be either malfunctioning or damaged. C. The Denartmenl (Privalely�vned Assent cs) I. The Department shall review and approve the data submitted by facility owners for the installation, repairs and overhauls of privately owned assemblies required under this Ordinance or that .+ere existing as of the effective date of this Ordinance. 2. The Department shall have the authority to prohibit a service connection or order the disconnection of service to any connection where: (a). Any kind of hazard exists to the County s Public Water System; (b). The facility owner fails to install, operate and maintain an approved and appropriate backllow prevention assembly in accordance with this Ordinance. (c). The Department may inspect all new backllow assembly installations for compliance with this Ordinance, the Collier County Utility Standards and Procedures Ordinance, Ordinance No. 97 -17, any amendments or successors thereto, AWWA Manual M -14 Second Edition and other applicable Department administrative and operational procedures. (d). The Department shall accept for review only those cross - connection survey reports as performed by the facility owner on the Department's self - evaluation forms or performed by a certified cross - connection control survey inspector or professional engineer. (e). The Department shall accept for review only those initial certification tests, scheduled tests, overhauls, repairs, and replacement reports for any backf)ow prevention assembly performed by a certified technician from the Department's approved list. (f). The Department shall establish a schedule acceptable to the Florida 41 Department of Environmental Protection under which all existing facilities will be brought into compliance with the terms of this Ordinance. (g). The Department shall compile and maintain all significant data resulting from reports submitted under this Ordinance. (h). The Department shall require additional data on any report as 10 17G 1''l deemed necessary, prudent or helpful in the execution of this Ordinance. D. L)cpWm nt (County Owned Assemblies). I. The Department shall install or cause to be installed the appropriate backflow prevention assembly for the hazard presented by each facility. 2. The Department shall perform or cause to be performed all testing, repairs, maintenance and overhauls of County owned backllow prevention assemblies as required by this Ordinance. 3. The Department shall maintain all records and other relevant information on each County owned backnow prevention assembly. E. Ccrlified Cross- Connepgon Control Survey IasQ,ectors and Engineers I. Certified inspectors and engineers shall ensure that A W WA guidelines and standards are utilized in their preparation of any facilityrs cross- connectiun survey report and that the information provided in any such report is reliable and accurate. 2. Certified inspectors and engineers shall submit any and all information as requested or directed by the Department. 3. Certified inspectors and engineers shall maintain copies of all cross - connection survey reports, blueprints, drawings, reports, inspections and any related correspondence or documentation for a minimum of ten (10) years. 4. Failure to provide accurate information in a timely manner as prescribed in this Ordinance shall be grounds for termination or any County contracts for service provided in accordance with this Ordinance. F. Certified Backflow Prevention Technicians 1. Certified technicians shall ensure that all tests, ,repairs and overhauls completed on any backflow prevention assembly protecting the County's water system are performed in compliance with manufacturer's recommendations, AWWA guidelines and standards, and this Ordinance. 2. Certified technicians shall submit to the Department all information relating to tests, repairs and overhauls on any backflow prevention assembly protecting the County's Public Water System as requested by the Department. 3. Certified technicians shall ensure that all information submitted to the Department is reliable and accurate. 4. Certified technicians shall maintain copies of all documentation relating in any way to tests, lest results, repairs, overhauls on backflow prevention assemblies protecting the County Public Water System and any related correspondence or documentation for a minimum of ten (10) years. 5. Certified technicians shall only perform those activities for which their ® certification is valid and approved as outlined in this Ordinance. Reports submitted by non - certified or non - approved personnel shall not be accepted by the Department. SECTION SEVEN: BACKFLOW PREVENTION SYSTEMS. A. Approved Backtlow Prevention Assemblies 11111 7 17V r 1r An approved backtlow prevention assembly under this Ordinance is one that meets those standards set forth by the American Water Works Association (AWWA). the American Society of Sanitary Engineers (ASSE) and the Foundation for Cross - Connection Control and Hydraulic Research (FCCC), and La published as approved in the FCCC's List of Approved Backflow Prevention Assemblies. For assemblies owned by the County, the County reserves the right to limit the number of model(s) of approved assemblies for purposes of standardization and conformity to system eonde.ions. Approved assemblies shall have the following features. 1. Shall be testable in line. 2. Shall be repairable in line. 3. Shall have approved shut -off valves located at each end of the backtlow prevcnta. 4. Shall be supplied with ammonia resistant silicone disc's or other material having the same ammonia resistant properties and approved by the Department. 5. Shall have: (a) Resilient scaled (wedge), full -flow shut -off valves (or resilient seated, full -flow ball valves on sizes two (2) inches or smaller that shall be marked with: (1) the manufacturer's name or symbol; (2) Nominal size of valve; (3) Model number: (4) Working pressure. (b) Resilient seated lestcocks with: (I) An operating stem, which must indicate if the testcock is open or closed; (2) The operating stem on a ball valve type of testcock must be blow-out proof; (3) The materials specified as bronze or approved equal. 6. The assembly (itselo shall contain the following minimum markings: (a) The manufacturer's name or symbol; (b) The type of assembly; (c) Assembly size; (d) Assembly model number; (e) Assembly serial number; ® (0 Rated working water pressure; (g) Direction of flow. 7. No backtlow prevention assembly shall be installed under this Ordinance unless spare parts are represented by the manufacturer to be available for a minimum period of seven (7) years from date of installation. 12 17G 8. Whenever a backllow prevention assembly is tested, repaired or overhauled by a certified backflow prevention assembly technician, the assembly shall be "resealed" following such service to identify the technician. Unless otherwise specified by this Ordinance, the Department shall use the American Water Works Association (AWWA) standards and guidelines in determining all classifications of hazards (whether actual or potential). Single family facilities shall be evaluated on a case -by -case ® basis. To the extent such residential facilities do not have auxiliary water sources or other types of systems or operations on -site which would classify the system m hazardous, a backllow prevention assembly shall not be required. Multifamily facilities with a single service connection or individual service connections having an auxiliary water or other types of systems or operations on -site that would classify the system as hazardous shall have an RPZ assembly installed as required by this Ordinance. SECTION EIGHT: BACKFLOW PREVENTION SYSTEM DESIGN. A. 1 a 0 tie, 1. The design shall be consistent with the standards and specifications found in the Collier County Utility standards and Procedures Ordinance, Ordinance No. 97.17. any amendments or successors thereto, and the Department's operational and administrative procedures. 2. The design shall utilize AWWA standards and guidelines and FCCC approved backllow prevention assemblies (latest edition) unless otherwise specified by this Ordinance or the Department's administrative and operational procedures. J. Backllow prevention assemblies shall be designed as pan of the County's service connection, unless other wise approved by the Depannicic 4. The facility owner shall be responsible for determining if the facility's system requires an uninterrupted supply of water that would be adversely alTected by routine maintenance or other activities involving the backllow prevention assembly. The facility owner shall be responsible for installing or requesting a parallel backnow prevention assembly. In such instances, two (2) approved backllow prevention assemblies of the same manufacturer, size and model numbers shall be installed. B. Existing Facilities Only. 1. Residential fSingle Emily), If an actual hazard m defined in this Ordinance poses a threat to the County Public Water System, an appravcd backnow prevention assembly shall be installed. 2. Other Facilities. These facilities include. but arc not limited to ® commercial, industrial, and multi - family residential facilities. Where actual or potential hazards arc identified, an approved backllow prevention assembly shall be installed. In some instances, it may be difficult or impossible to accurately determine such a facility's cross - connection status because plumbing plans of the facility's potable water system are nonexistent, unreliable or unobtainable. In instances where a cross - connection survey is not feasible, an air gap separation or reduced pressure device shall be installed based upon 13 17G the degree of hazard. C. Installation Rrau'vements. 1. All installations shall be consistent with the Department's administrative and operational procedures. a. All approved back0ow prevention assemblies for commercial, industrial and multi - family facilities shall be installed above fowl finished grade, unless otherwise approved by the Department. b. Residential double check Backnow assemblies may be installed below grade in a enclosure specified or acceptable to the Department. c. Residential Reduced Pressure assemblies shall be installed above final finished grade. 3. Backnow prevention assemblies shall not be installed above final finished grade in any type of vault, unless such vault is constructed to allow at least thirty percent (30 %) of its sidewalls to be open or ventilated at the grade level. These openings or vents shall be unobstructed and of such size to permit any vented water to freely pass through the openings to the outside. 4. Backnow prevention assemblies shall not be installed in any position other than horizontal, unless the assembly has received approval for such installation by the assembly's rnanufacturer and the FCCC. 5. Backnow prevention assemblies shall be installed in outside locations as part of the Department's service connection and shall be protected from possible darnage caused by normal traffic. 6. All back0ow prevention assemblies shall be a minimum of twelve (12) inches above final finished grade (or pad) to a maximum of thirty (30) inches, as measured from the lowest point of the assembly. and a minimum side distance of three (3) feet from any wall, fixed aperture or landscaping. 7. All backflow prevention assembly installations shall be preceded by a wye strainer (518" to 2 ") or top access strainer (2'h" to 10 ") and appropriate shut-off valve to facilitate cleaning and inspection of the strainer. All assemblies and strainers serving foe protection systerns shall be approved for such smite. In addition, all assemblies shall be supplied with ammonia resistant silicone discs or a Department approved equal. 8. Installers of back0ow prevention assemblies may test and certify the backflow prevention assembly they have installed. However, all such tests and certification reports shall be completed only by a technician with the appropriate Scertification from the County's approved list. SECTION NINE: SERVICE AND REPORTING. A. Testing Frequency Schedules, 1. AB backflow prevention assemblies shall: 14 17G (a) Be tested at least once every year, unless other wise specified by the Florida Department of Environmental Protection; (b) Be tested (and resealed) only by a certified backilow prevention device technician; (c) Be tested utilizing procedures approved by the AW WA or its equivalent; (d) Be tested with test equipment approved by the AWWA or its equivalent. 2. The Department may require a more frequent test schedule for assemblies serving facilities classified in accordance with this Ordinance as high hazard or that frequently fail regularly scheduled tests, as necessary to protect the public health and safety. e. Overhaul Schedules. All backfiow prevention assemblies shall: (a) Be overhauled as necessary or as recommended by the manufacturer, unless other wise specified by the Department of Environmental Protection; (b) Overhauled only by a certified backllow prevention assembly technician; (c) Be overhauled using acceptable procedures as recommended by the assembly's manufacturer. C. Repairs and Replacements I. Backflow Prevention Assemblies. (a) Backilow prevention assemblies that repeatedly fail a required test shall be reported to the Department immediately and before any 4cpairs are undertaken. Required repairs shall be performed by a certified technician as outlined by this Ordinance. (b) Any assembly that is unable to be repaired or overhauled (scheduled or nonscheduled) shall be replaced immediately. At the completion of the repairs or replacement, the assembly shall be tested by a certified technician as outlined by this Ordinance. 2. Until such repairs or replacements are completed, the service connection shall be deactivated, if deemed necessary by the Department, to protect the public health, safety and welfare. D. Testing Equipment and Methods L lest Equiotmnt. Certified backlluw prevention assembly technicians shall test such assembbes using that equipment as recommended by the assembles manufacturer and ® approved by the Department. 2. Test Methods. Only AWWA and FCCC methods shall be used when testing backflow prevention assemblies. 1. Certified backflow prevention assembly technicians shall have their testing instruments certified at least once every year for accuracy, or as open as the equipment 15 176 ii manufacturer recommends, whichever is more frequent. The technician shall forward a copy of the instrument's calibration report to the Department. The Department shall not accepted testing reports prepared by technicians if such annual calibration reports are not received by the Department. Calibration reports shall only be accepted from sources approved by the Department. The Department shall develop procedures to approve testing sources based on manufacturing and industry standards. E. Rewrlina. ® Facility owners are directly responsible for all reports and reporting procedures regarding privately owned backllow assemblies protecting the Counly's water system. The facility owner may designate an agent to act on his behalf, but in no way does such action alleviate the facility owner's responsibility. 1, Reporting Sahedslgd Tests And Overhauls (PdyAtcly Owned Assemblies) Reports for initial certification tests, regular annual tests and overhauls of a facilitys privately owned backllow assembly most be completed by a certified technician as required by this Ordinance. Such reports shall be forwarded to the Department by the facility owner on the Department's approved forms. It shall be the responsibility of the facility owner to mail or dcliw • the completed reports to the Department as outlined in this Ordinance and the Department's administrative and operational procedures. 2. Renortina Of Noo- h duled Repairs or Reolacemcm (Privately Owncd Assemblies). Any back(low prevention assembly which has been damaged, is discharging abnormally or fails any test, shall be reported immediately by the facility owner as follows: Step 1: Notify the Department. If the Department's ollices are closed, notify the after-hours on -call personnel. Step 2: Contact a certified backllow prevention assembly technician from the Department's approved list for immediate repairs. 3. Any time a replacement is required for a privately owned assembly, such new assembly shall comply with all sections of this Ordinance. F. Cross- Connection Survey Rewrts. I. New Facilities. The owner of a new facility shall submit a cross - connection survey report for the facility to the Department prior to occupancy and service connection activation. The report shall be submitted for the facility using the Department's approved forms. Survey reports shall include the survey inspectors or engineer's recommended backllow ® prevention assembly for the degree of hazard created by the facility. Survey reports for other than single family residences shall be completed by a certified cross - connection control survey inspector or engineer and shall contain that inspector's name and certification number on each page or the engineer's seal and number. Any such reports submitted to the Department without this information shall be deemed unacceptable and 16 shall not be reviewed. For single family residences, the survey report may be filled out by the facility owner using the Department's approved self-evaluation forms. 2. Existin¢ Facilities The Department shall send notification to the owners of existing facilities where cross - connection arc suspected. Facility owners shall, upon notification and within 90 days submit a cross - connection survey report for the facility to the Department. The cross - correction survey report shall have been completed by a certified cross - convection control survey inspector from the Department's approved list or an engineer and shall contain the inspector's name and certification number or eng -acerb seal on each page. Any survey report submitted to the Department for review without this information shall be deemed unacceptable and shall not be reviewed. For single family residences, the survey report may be filled out by the owner using the Department's approved self- evaluation forms. J. Reclaimed Valer COnaUJi9n3 All properties served by reclaimed water shall be surveyed at intervals. acceptable to the Department of Environmental Protection, but no less then every, three years as to changes, additions or deletions in the customer plumbing system. All property surveys found to have the potential to create a cross - connection shall undergo further review up to and including site visits by the County to investigate potential hazards. 4. Survey Report Review and Apprg_a After the Department has received and reviewed the cross - connection survey report for a proposed facility or use, the Department Trey take the following action: written. written. (a) The Department may accept the cross - connection survey report as (b) The Department may reject the cross- connection survey report as (c) The Department may request additional information before accepting or rejecting the report. (d) The Department may require a meeting with the facility owner's designated agent, certified cross - connection control survey inspector, engineer or all such entities or individuals involved before acting upon the Report as submitted. 4. Department Acceptor a of Cross- Cortnecfon Survey Report Upon acceptance and approval of the cross- connection survey report, the Department shall issue a notice of acceptance. Once a backllow prevention assembly has ® been approved by the Department, no changes or alterations shall be made without the approval of the Department. 5. Final Approval of Back0ow Prevention Assemblies (Privately Owned) Alter a facility's backllow prevention assembly has been initially tested, certified and approved, the facility owner shall notify the Department that the new facility is ready for final inspection. The Department or its agent shall make a site inspection of 17 17G the new facility. Until the facility's backflow prevention assembly passes this final inspection, the service connection shall not be activated. 6. Testing and Overhaul Schedule (Privately Owned Assembic<) Within thirty (30) days alter final approval has been issued for a new facility's backflow prevention assembly, the Department shall send a letter to the owner outlining the testing and overhaul schedule. This letter shall list each component of the facility's cross - connection control system and how frequently each mechanism including the backflow prevention assembly shall be tested and overhauled (where applicable) and testing results and completion of overhauls shag be reported to the Department. SECTION TEN: TECHNICAL IMPLEMENTATION. In order to provide protection to the County's Public Water System from contamination and a high level of customer service and program quality at a reasonable and economical cost to the customers or consumers of the Collier County Water -Sewer District and Goodland Water District, all backflow prevention assemblies installed for the purposes of complying with this Ordinance shall be owned by the County. All facility owner that also own existing backflow prevention assemblies, that are subject to this Ordinance, may dedicate and convey those assemblies to the County for ownership and maintenance within 120 days from adoption of this Ordinance. Any assemblies not dedicated and conveyed to the County within that 120 day period shall remain in private ownership unless approved by the County. In cases where ownership of a backflow prevention assembly remains with the facility owner, the facility owner shall be responsible for complying with all maintenance and other requirements of this Ordinance. The technical and administrative requirements of this Ordinance shall be implemented as follows. A. Program Administration. , It shall be the responsibility of the Department to administer, coordinate, monitor and track the technical implementation and ongoing requirements of this Ordinance for compliance. B. New Installations, I. Backflow prevention assemblies for 518" through 2" meters shall, if identified as necessary at the time of service application, be installed by the Department or the County's contract agent m part of and at the time of the installation of the County's service connection. 2. Backflow prevention assemblies for meters greater than 2" size shall be installed as part of the service connection for new construction by a plumbing or underground contractor retained by the facility owner. All such backflow prevention assemblies shall be conveyed to the County for ownership in accordance with the Collier County Utility Standards ® and Procedures Ordinance, Ordinance No. 97 -17, any amendments or successors thereto, and the Department's administrative and operational procedures. i3 17G C. Retrofits. 1. Backflow prevention assemblies where the meter is between 518" through 2" shall be owned by the County and installed by the Deportment or the County's contract agent as a part of the Departn=t's meter change out program or when the degree of hazard so warrants, the Department's maintenance stafror County's contract agent. 2. Backnow prevention assemblies where the natter is greater than 2" shall be owned ® by the County and installed by the Department or the County's contract agent. D. Repairs, 1. Repairs of backflow prevention assemblies where the meter is 5!8" through 2" shall be performed by the Department or the County's contract agent. 2. Repairs of backflow prevention assemblies where the meter is greater than 2" shall be performed by the Department or the County's contract agent. E. Rcolacemcras Replacements of backflow prevention assemblies shall be performed by the Department or the County's contract agent. F. Testing. 1. County Owned Assemblies, The Department or the County's contract agent shall perform all annual and miscellaneous testing on all County owned backflow assemblies. This subsection of this Ordinance does not apply to the assembly's initial certification when installed by a private sector contractor ror a facility owner. 2. Privately Owned Assemblies All testing of privately owned assemblies shall be performed by an independent certified backflow assembly technician as outlined within this Ordinance and meeting all legal, regulatory and code requirements for the service classification. SECTION ELEVEN: PROGRAM FUNDING. A. New Installations. Within 120 days from the adoption of this Ordinance, the County shall adopt by ordinance a fee, charge or rate to cover the County's anticipated cost to provide for Department services under this Ordirwtce. New customers of the Collier County Water -Sewer District and Goodland Water District, i.e., facility owners, shall be responsible for payment of this fee, charge or rate, if applicable, at the time and in conjunction with the payment of applicable impact and meter tapping fees or within 30 days alter service is rendered. ® B. Retrofits(Existinal. All active service connections that have existing hazards as of 120 days from the adoption of this Ordinance shall be considered existing retrofits for purposes of program funding under this Ordinance. The County's retrofit program for existing service connections shall be funded through existing and future water user fees. C. Retrofits (New). 19 17G County service connections requiring a backflow prevention assembly that becomes active or create a new hazard more than 120 days after the adoption of this Ordinance shall be considered new retrofits for purposes of program funding under this Ordinance. The Cowry shall establish on an annual basis a charge to cover the cost of this category of retrofits based on a competitive bid process or the County's cost. Customers, i.e., facility owners, in this category shall be assessed this charge to cover the County's installation costs. ® D. Repairs, The County's repair and maintenance program on all County owned backflow prevention assemblies shall be funded through existing and future water user fees. E. Reolacenrpl, e The County's backflow prevention assembly replacement program for assemblies owned by the County shall be funded through existing and future water user lets. F. Testing The County's annual and miscellaneous testing program on County owned backflow prevention assemblies shall be funded through existing and future water user fees. SECTION TWELVE: TERMINATION OF SERVICE. A. Any facility with a privately owned backflow prevention assembly receiving water service from the County's Public Water system that fails to perform the required testing or make required repairs to the backllow assemblies as directed by this Ordinance, the Department or a certified backflow assembly technician, shall be subject to lertnirution of service. Such termination may continue until all violations of this Ordinance are corrected. B. Any facility with a County owned and maintained backfloly prevention assembly shall not be subject to this provision as the Department shall be responsible for the testing and maintenance of the assembly. 20 SFCTIONTHIRTEEN: PENALTIES. Any person who violates any provision of this Ordinance, or amendments thereto, shall be subject to the penalties provided in Section 125.69, Florida Statutes. In addition, the County may bring suit for damages for any violation of this Ordinance and amendments thereto, and to restrain, enjoin or otherwise prevent a violation of or mandate compliance with this Ordinance and amendments thereto. SECTION FOURTEEN: COLLECTION OF FEES, CHARGES OR RATES. The County or its agent shall be responsible for collecting any fees, charges or rates established by the Board of County Commissioners connected with the establishment and ongoing maintenance of the cross - connection control program authorized by this Ordinance. SECTION FIFTEEN: CONFLICT ANDSEVERABILITY. The provisions of this Ordinance shall be liberally conmcd to effectively tarty out its purposes in the interest of public health, safety, welfare, and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holLmg shall not affect the validity of the remaining portions of this Ordinance. SECTION SIXTEEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. , SECTION SEVENTEEN. EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State and adoption of an ordinance setting forth the rate, fee or charge for Department services in connection with new installations and the filing of that ordinance with the Department of State. PASSED AND �DqULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 1997. �ATJyp• BOARD OF COUNTY COMMISSIONERS OF .AST'' r ,. i,,;DWIG`IkjT'&.$RO 6, Clerk , Apprpved :as ;lo•Mirn anal . legal su Mciency:• .� David C. Weigel , County Attorney COLLIER COUNTY. FLORIDA By: ;Timo . Hancock, AICP Chairman 21 This ordinance filed with the Secretary of $talc z Offic< tlie. IA's day of and acknowledgement of that filln received This ' (JOY of on„y_cr+ STATE OF FLORIDA) 17G COUNTY OF COLLIER) 0 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. 97 -33 Which was adopted by the Board of County Commissioners on the 29th day of July, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of July, 1997. ! DWIGHT E. BROCK Clerk of Courts and.Clerk" Ex- officio to Board of. County Commissioners.' Maureen Kenyon Deputy Clerk 176 June 3, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: An Ordinance Amending No. 97 -33 Cross Connection /Backflow Ordinance Dear Legals: Please advertise the above referenced notice on Friday, June 13, 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. #4500087345 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, June 24, Boardroom, 3rd Floor, Administration Building, Coll Government Center, 3301 East Tamiami Trail, Naples, of County Commissioners will consider the enactment Ordinance. The meeting will commence at 9:00 A.M. proposed ordinance is as follows: I ( b 2008, in the ier County Florida, the Board of a County The title of the AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 97 -33; AS CODIFIED IN SECTIONS 134 -121 THROUGH 134 -135, KNOWN AS THE COLLIER COUNTY CROSS - CONNECTION CONTROL / BACKFLOW PREVENTION ORDINANCE; BY UPDATING FINDINGS; UPDATING AND ADDING DEFINITIONS; UPDATING OPERATION POLICY AND REQUIREMENTS; UPDATING PROGRAM RESPONSIBILITES; UPDATING BACKFLOW PREVENTION SYSTEMS; UPDATING BACKFLOW PREVENTION SYSTEM DESIGN; UPDATING SERVICE AND REPORTING; UPDATING TECHNICAL IMPLEMENTATION; DELETING PROGRAM FUNDING; CLARIFYING PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND PROVIDING AN EFFECTIVE DATE. 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. 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 testimony and evidence upon which the appeal is 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 17Gr Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk Ann P Jennejohn To: legals @naplesnews.com Subject: Amending Ordinance 97 -33 Cross Connection /Backflow Ordinance Attachments: Amending Ordinance 97- 33.doc; Amending Ord 97- 33.doc Good Morning, Please advertise the attached on Friday, June 13, 2008. Amending dinance 97- 33.doc Thank you again, Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann.jennejohn @col lierclerk.com) 0 Amending Ord 97- 33.doc (24 KB... 17G 17G Ann P Jennejohn From: postmaster @collierclerk.com Sent: Tuesday, June 03, 2008 10:55 AM To; Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT218564.txt; Amending Ordinance 97 -33 Cross Connection /Backflow Ordinance 3 LI ATf218564.bct Amending (229 B) dinance 97 -33 Cros!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 Amending Ordinance 97 -33 Cross Connection/Backflow Ordinance Ann P. Jennejohn From: Heredia, Blanca [BEHeredia @Naplesnews.com] Sent: Tuesday, June 03, 2008 4:31 PM To: Ann P. Jennejohn Subject: RE: Amending Ordinance 97 -33 Cross Connection /Backflow Ordinance OK From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Posted At: Tuesday, June 03, 2008 10:55 AM Posted To: Legals - NDN Conversation: Amending Ordinance 97 -33 Cross Connection /Backflow Ordinance Subject: Amending Ordinance 97 -33 Cross Connection /Backflow Ordinance Good Morning, Please advertise the attached on Friday, June 13, 2008. Thank you again, <<Amending Ordinance 97- 33.doc>> Ann Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann. jennejohn@collierclerk.com) 6/3/2008 Page 1 of 1 17G <<Amending Ord 97- 33.doc>> NAPLES DAILY NEWS Published Daik Naples. FL 31102 Affidavit of Publication State of Florida County of Collier Before the undersigned they sere as the authority• personally appeared B. Lamb. who on oath says that lheN sere as the Assistant Corporate Secretary of the Naples Daily'. a dark newspaper published at Naples. in Collicr County. Florida: distributed in Collier and Lee counties of Florida: that the attached cope of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue On June l3°i, 2009 Obant further ays that the aid Naples I )at Iy !News is a newspaper Published at .Naples, in collier countg Florida and that the said newspaper has heretofore been c,)nlinuouslc published in said Collier Counh: I J(,nda', distributed in Collier and Ito counties of Florida. tads dao and has bccn entered as .econd Ails mail matter al the post "(lice in Aaples_ in nail Collier Counly. Florida for a period of I crar nail pi-,ceding the first publicali on of the attached copy of udverti.sentcntt and uniant further sacs that he has neither paid nor piontiscd am person_ firm or corpoitaton am discount rebate, commission or rfmid for the pwp tse orsccul ing this adc rtlsement for oublication n the said aewspaper_ Signature of afftanQ Sworn to and subscribed before me This 13'l' Dac Of June 2009 (Sign turc o ary publi JUDY JANES Commission DD 67502`t o, -`° Exnir &s Ma 16, 2011 "'932 "'� aosa�a ms. ro y��, °e MfFlit 9 FEI 59 -25, plty°,y r 17G ilYrRra' VrtIG� .. QA90. �F �04NTY CO ENNINO.� £HAIt1 OHT. E. 4ROp N, •�� Jennalch0, 06P' luMi3 No: 1710662 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ' j: TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 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 exc tion of the Chairman's si nature, draw a line throu h routin lines # I th h "' ddressee(s) order) rou , co let,, the checklist, and Office forward to Sue Filson Initials line #5). Date riginal document has been signed/initialed for legal sufficiency. (All documents to be signed by the Agenda Date Item was June 24, 2008 Approved b the BCC EMinutes Amendment to Cross Conn coon fir an� Number of Original 1 Attached r A. Belpedio, Assistant County County Attorney lson, Executive Manager Board of County Commissioners s and Records Clerk of Court's Office 7. Jennifer A. Belpe dio, 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 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 Jennifer A. Belpedio, Assistant County Phone Number X5709 Contact Attorney riginal document has been signed/initialed for legal sufficiency. (All documents to be signed by the Agenda Date Item was June 24, 2008 Agenda Item Number 17 G Approved b the BCC Type of Document Amendment to Cross Conn coon fir an� Number of Original 1 Attached U Documents Attached 1NRTD1T1r`TrntVe P 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 „matter _ numbew /„document number,, �••��.�� -.� a.11nt, l�L1J1 itial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not riginal document has been signed/initialed for legal sufficiency. (All documents to be signed by the (Initial JAB A licable hairman, with the exception of most letters, must be reviewed and signed by the Office of the ounty Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the ounty Attorney's Office and signature pages from contracts, agreements, etc. that have been fully ecuted by all parties except the BCC Chairman and Clerk to the Board and possibly State fficials. ll handwritten strike- through and revisions have been initialed by the County Attorney's Office and N/A l other arties except- he BCC Chairman and the Clerk to the Board e Chairman's signature line date has been entered as the date of BCC approval of the document or Fhedocument JAB e final ne otiated contract date whichever is applicable. ign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and JAB tials are re uired. most cases (some contracts are an exception), the original document and this routing slip should be N/A vided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are e sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions nullified. Be aware of our deadlines! e document was approved by the BCC on June 24, 2008 and all changes made during the JAB eting have been incorporated in the attached document. The Cou nty Attorney's Office has iewed the than es, if a licable. ase record and return one executed on 'nal document to Jennifer A. Bel edio ACA JAB 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 „matter _ numbew /„document number,, 1? ORDINANCE NO. 2008- 32 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 97 -33; AS CODIFIED IN SECTIONS 134 -121 THROUGH 134 -135, KNOWN AS THE COLLIER COUNTY CROSS - CONNECTION CONTROL / BACKFLOW PREVENTION ORDINANCE; BY UPDATING FINDINGS; UPDATING AND ADDING DEFINITIONS; UPDATING OPERATION POLICY AND REQUIREMENTS; UPDATING PROGRAM RESPONSIBILITIES; UPDATING BACKFLOW PREVENTION SYSTEMS; UPDATING BACKFLOW PREVENTION SYSTEM DESIGN; UPDATING SERVICE AND REPORTING; UPDATING TECHNICAL IMPLEMENTATION; DELETING PROGRAM FUNDING; CLARIFYING PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance 97 -33, known as the Collier County Cross - Connection Control/Backflow Prevention Ordinance was adopted to establish a cross - connection control program as required by Florida Administrative Code Rules 62- 555.360, and 62- 610.470; and WHEREAS, establishment and maintenance of a cross - connection control program is a condition and requirement of operating permits issued by the Florida Department of Environmental Protection to the Collier County Water -Sewer District and Goodland Water District; and WHEREAS, the Board of County Commissioners of Collier County, Florida, ("Board') has previously found it to be in the best interest of the public to have a County operated and maintained cross - connection control program to monitor hazards to the County's Public Water System and to protect the public health, safety, and welfare by providing for, among other things, the installation, ownership, repair and testing of backflow prevention assemblies. WHEREAS, on April 8, 2008 at a regularly noticed meeting as Item 16 C 1 the Board directed Public Utilities staff to develop this Ordinance to, among other things, amend certain definitions, update references, delete program funding and clarify penalty provisions; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to SECTION TWO, Subsections A. and B. of Collier County Ordinance No. 97 -33, codified as Sections 134 -122 (1) and (2) of the Collier County Code of Laws and Ordinances follows: SECTION TWO: FINDINGS. The Board of County Commissioners hereby makes the following findings: A. That Florida Administrative Code Rules 62- 555.360 and 62.610.470 62.610. 469(7) requires all community water systems to establish a cross - connection control program to detect and prevent cross - connections that create or may create an imminent and substantial danger to public health and safety. B. That the Collier County Water -Sewer District and the Goodland Water District are community water systems as defined by Florida Administrative Code Rule 62- 550.200. SECTION TWO. Amendment to SECTION THREE, of Collier County Ordinance No. 97- 33, codified as Sections 134 -123 of the Collier County Code of Laws and Ordinances follows: SECTION THREE: DEFINITIONS. Auxiliary Water Supply means any water supply on or available to a facility other than the County's Water System., which is not permitted by the Florida Department of Environmental Protection and over which the County does not have sanitary control. Auxiliary water supplies may include water from another public water supply, any natural source such as a well, spring, river, stream, harbor or used water, Reclaimed Water, irrigation quality (IO) water, or Industrial Fluids. Division or _Article means Collier County Ordinance No 97 -33 as now or hereafter amended, which_ is codified as Division 4 of Chanter 134 of the County's Code of Laws and Ordinances. Irrigation Quality Water (IO) water means water other than notable water which meets all of the Florida and local regulatory requirements as mandated by the Florida Department of Environmental Protection (FDEP) permits and the Florida Administrative Code (F.A.C.). * * * * * * * * * * * * 2 I7G Reclaimed Water means water that has received at least secondary treatment and basic disinfection and is reused after flowing out of a domestic wastewater treatment facility. Reduced Pressure Zone Principle Assembly (RPZ), Approved means an assembly containing two independently acting approved check valves with replaceable seats together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located and approved testcocks and tightly closing and approved shut -off valves at each end of the assembly. Only those reduced pressure principle assemblies (RPM approved by the Foundation for Cross - Connection Control and Hydraulic Research (FCCC) and by the Department are acceptable for installation. Reduced Pressure sene Principle Detector Assembly (RPZD), Approved means an assembly containing two independently acting approved check valves with replaceable seats together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located and approved testcocks and tightly closing and approved shut- off valves, at each end of the assembly. A bypass arrangement consisting of an approved water meter and an approved reduced pressure principle detector assembly shall be incorporated into the mechanism. Only those reduced pressure sene principle detector assemblies (RPZD) approved by the Foundation for Cross - Connection Control and Hydraulic Research (FCCC) and by the Department are acceptable for installation. * * * * * * * * * * * * SECTION THREE: Amendment to SECTION FOUR, Subsection A. of Collier County Ordinance No. 97 -33, codified as Sections 134 -124 (a) of the Collier County Code of Laws and Ordinances follows: SECTION FOUR: OPERATION POLICY AND REQUIREMENTS. A. Operation Policy. S l?G 3. An approved and appropriate backflow prevention assembly shall be installed as part of each Service Connection wherever and whenever any of the following conditions exist beyond the Service Connection: a. An Auxiliary Water Supply exists b. Industrial Fluids or any other objectionable substances are handled in such a fashion as to create an actual or potential hazard of any kind to the County's Water System. c. Internal plumbing or piping arrangements are not known, making it impracticable or impossible to ascertain whether or not Cross - Connections exist. d. A commercial facility and/or multi - family development exists 4. The type of backflow prevention assembly required shall depend upon the degree of hazard that may exist as follows: a. In cases where there is a surface water auxiliary supply, the County's Water System shall be protected by an approved Air Gap Separation or an approved detible .,h eek -•alue-a&senalT reduced pressure principle backflow prevention assembly. b. In cases where there is a ground water Auxiliary Water Supply, the County's Public Water System shall be protected by an approved reduced pressure principle backflow prevention assembly. c. In cases where there are any substances that would be objectionable, but not hazardous to health, the County's Water System shall be protected by an approved reduced pressure principle backflow Prevention assembly. d. In cases of a facility, where material is stored or handled so as to create an actual or potential hazard of any kind to the County's Public Water System, the Public Water System shall be protected by an approved air -gap separation or approved reduced pressure principle backflow prevention assembly. e. In cases of any facility, where because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete 0 I? Cross- Connection survey, the County's Public Water System shall be protected against backflow by either an approved Air Gap Separation or an approved reduced - pressure principle backflow prevention assembly. f In cases of any facility, where the Department determines an undue health threat is posed because of the presence of extremely toxic substances, the Department may require an air gap at the Service Connection to protect the County's Public Water System. 5. Any required backflow prevention assembly and its configuration shall be as specified by this Ordinance, the Collier County Utility Standards and Procedures Ordinance, Ordinance No. 97 1-7 04-31, any amendments or successors thereto and the Department's Administrative and Operational Procedures. SECTION FOUR: Amendment to SECTION SIX, Subsection C. of Collier County Ordinance No. 97 -33, codified as Sections 134 -126 (c) of the Collier County Code of Laws and Ordinances follows: SECTION SIX: PROGRAM RESPONSIBILITIES C. The Department (privately owned assemblies). (1) The Department shall review and approve the data submitted by Facility Owners for the installation, repairs and overhauls of privately owned assemblies required under this Ordinance or that were existing as of the effective date of this Ordinance. (2) The Department shall have the authority to prohibit a Service Connection or order the disconnection of service to any connection where: a. Any kind of hazard exists to the County's Public Water System. b. The Facility Owner fails to install, operate and maintain an approved and appropriate backflow prevention assembly in accordance with this Ordinance. c. The Department may inspect all new backflow assembly installations for compliance with this Ordinance, the Collier County Utility Standards and Procedures Ordinance, Ordinance No. 97 17 2004 -31 and any amendments or successors thereto, the then current edition of the AW WA Manual M -14, Seean k, 176 Editiex and other applicable Department Administrative and Operational Procedures. d. The Department shall accept for review only those Cross - Connection survey reports as performed by the Facility Owner on the Department's self - evaluation forms or performed by a certified Cross - Connection control survey inspector or professional engineer. e. The Department shall accept for review only those initial certification tests, scheduled tests, overhauls, repairs, and replacement reports for any backflow prevention assembly performed by a certified technician from the Department's Approved List. f The Department shall compile and maintain all significant data resulting from reports submitted under this Ordinance. h: g; The Department shall require additional data on any report as deemed necessary, prudent or helpful in the execution of this Ordinance. * * * * * * * * * * * * SECTION FIVE: Amendment to SECTION SEVEN, Subsections A and B of Collier County Ordinance No. 97 -33, codified as Sections 134 -127 (a) and (b) of the Collier County Code of Laws and Ordinances follows: SECTION SEVEN: BACKFLOW PREVENTION SYSTEMS. A. Approved Backflow Prevention Assemblies. An approved backflow prevention assembly under this Ordinance is one that meets those standards set forth by the American Water Works Association (AWWA), the American Society of Sanitary Engineers (ASSE) and the Foundation for Cross - Connection Control and Hydraulic Research (FCCC), and is published as approved in the FCCC's list of Approved Backflow Prevention Assemblies. For assemblies owned by the County, the County reserves the right to limit the number of model(s) of approved assemblies for purposes of standardization and conformity to system conditions. Approved assemblies shall have the following features. (1) Shall be testable in line. 31 (2) Shall be repairable in line. 1 7 G (3) Shall have approved shut -off valves located at each end of the backflow preventer. (4) Shall be supplied with ammonia resistant silicone disc's or other material having the same ammonia resistant properties and approved by the Department. (5) Shall have: a. Resilient seated (wedge), full -flow shut -off valves (or resilient seated, full - flow ball valves) on sizes two (2) inches or smaller that shall be marked with: 1. The manufacturer's name or symbol; 2. Nominal size of valve; 3. Model number; 4. Working pressure. b. Resilient seated testcocks with: 1. An operating stem, which must indicate if the testcock is open or closed; 2. The operating stem on a ball valve type of testcock must be blow -out proof, 3. The materials specified as bronze or approved equal. (6) The assembly (itself) shall contain the following minimum markings: a. The manufacturer's name or symbol; b. The type of assembly; c. Assembly size; d. Assembly model number; e. Assembly serial number; f. Rated working water pressure; g. Direction of flow. (7) No backflow prevention assembly shall be installed under this Ordinance unless spare parts are represented by the manufacturer to be available for a minimum of seven (7) years from date of installation. B. Hazard Classifications. Unless otherwise specified by this Ordinance, the Department shall use the American Water Works Association (AWWA) standards and guidelines in determining all classifications of hazards (whether actual or potential). Single family facilities shall be evaluated on a case -by -case basis. To the extent such residential 7 177 facilities do not have auxiliary water sources or other types of systems or operations on -site which would classify the system as hazardous, a backflow prevention assembly shall not be required. Multifamily facilities with a single Service Connection or individual Service Connections having ao auxiliary water or other types of systems or operations on -site that would classify the system as hazardous shall have an RPZ assembly installed as required by this Ordinance. SECTION SIX: Amendment to SECTION EIGHT of Collier County Ordinance No. 97 -33, codified as Sections 134 -128 of the Collier County Code of Laws and Ordinances follows: SECTION EIGHT: BACKFLOW PREVENTION SYSTEM DESIGN. A. All Facilities. (1) The design shall be consistent with the standards and specifications found in the Collier County Utility Standards and Procedures Ordinance, Ordinance No. 97 17 2004 -31 and any amendments or successors thereto, and the Department's operational and administrative procedures. (2) The design shall utilize AWWA standards and guidelines and FCCC approved backflow prevention assemblies (latest edition) unless otherwise specified by this Ordinance or the Department's administrative and operational procedures. (3) Backflow prevention assemblies shall be designed as part of the County's Service Connection, unless otherwise approved by the Department. (4) The Facility Owner shall be responsible for determining if the Facility's System requires an uninterrupted supply of water that would be adversely affected by routine maintenance or other activities involving the backflow prevention assembly. The Facility Owner shall be responsible for installing or requesting a parallel backflow prevention assembly. In such instances, two (2) approved backflow prevention assemblies of the same manufacturer, size and model numbers shall be installed. (5) A minimum side distance of one and one -half (1.5) feet from any and all fixed a erture or landscaping. Backflow devices must be left accessible to County employees at all times this may pose or present a violation of health safety, and welfare. An entry way of at least three (3) feet in width must be H 176 maintained by property owner. Dangerous and /or dense underbrush will be trimmed to a "margin of safety" by County employees and a charge determined by the County will be billed to property owner. B. Existing facilities only. (1) Residential (Single Family). If an actual hazard as defined in this Ordinance poses a threat to the County Public Water System, an approved backflow prevention assembly shall be installed. (2) Other facilities. These facilities include, but are not limited to commercial, industrial, and multi - family residential facilities. Where actual or potential hazards are identified, an approved backflow prevention assembly shall be installed. In some instances, it may be difficult or impossible to accurately determine such a facility's Cross - Connection status because plumbing plans of the facility's potable water system are non - existent, unreliable or unobtainable. In some instances where a Cross - Connection survey is not feasible, an Air Gap Separation or reduced pressure dw,iee assembly shall be installed based upon the degree of hazard. C. Installation requirements. 1. All installations shall be consistent with the Department's administrative and operational procedures. a. All approved backflow prevention assemblies shall be installed above final finished grade unless otherwise approved by the Department and shall be consistent with the Department's administrative operational procedures a,b. All approved backflow prevention assemblies for commercial, industrial and multi - family facilities shall be installed above final finished grade, unless otherwise approved by the Department. b-.c. Residential double check Backflow assemblies may be installed below grade in an enclosure specified or acceptable to the Department. Ed. Residential Reduced Pressure assemblies shall be installed above final finished grade. 3.2.Backflow prevention assemblies shall not be installed above final finished grade in any type of vault, unless such vault is constructed to allow at least thirty percent (30 %) of its sidewalls to be open or ventilated at the grade level. These openings or vents shall 9 I?G be unobstructed and of such size to permit any vented water to freely pass through the openings to the outside. 4.3.Backflow prevention assemblies shall not be installed in any position other than horizontal, unless the assembly has received approval for such installation by the assembly's manufacturer and the FCCC. -5-.4.Backflow prevention assemblies shall be installed in outside locations as part of the Department's Service Connection and shall be protected from possible damage caused by normal traffic. 6 -5.All backflow prevention assemblies shall be a minimum of twelve (12) inches above final finished grade (or pad) to a maximum of thirty (30) inches, as measured from the lowest point of the assembly,; and a minimufn side distanee of thfee feet -7-.6.A11 backflow prevention assembly installations shall be preceded by a wye strainer (34 3/4" to 2 ") or top access strainer (2 1/2" to 10 ") and an appropriate shut- off valve to facilitate cleaning and inspection of the strainer. All assemblies and strainers serving fire protection systems shall be approved for such service. hi addition, all assemblies shall be supplied with ammonia resistant silicone discs or a Department approved equal. 8:7. Installers of backflow prevention assemblies may test and certify the backflow prevention assembly they have installed. However, all such tests and certification reports shall be completed only by a technician with the appropriate certification from the County's approved list. SECTION SEVEN: Amendment to SECTION NINE of Collier County Ordinance No. 97- 33, codified as Sections 134 -129 of the Collier County Code of Laws and Ordinances follows: SECTION NINE: SERVICE AND REPORTING. * * * * * * * * * * * * (f) Cross - Connection survey reports. (1) New facilities. The owner of a new facility shall submit a Cross - Connection survey report for the facility to the Department prior to occupancy and Service Connection 10 1 ?6 activation. The report shall be submitted for the facility using the Department's approved forms. Survey reports shall include the survey inspector's or engineer's recommended backflow prevention assembly for the degree of hazard created by the facility. Survey reports for other than single - family residences shall be completed by a certified Cross - Connection control survey inspector or engineer and shall contain that inspector's name and certification number on each page or the engineer's seal and number. Any such reports submitted to the Department without this information shall be deemed unacceptable and shall not be reviewed. For single - family residences, the survey report may be filled out by the Facility Owner using the Department's approved self - evaluation forms. (2) Ekistingfoedities. The Depai4ment shall send aatifiea4ien to the owners of exisg" netifieation and within 90 days submit a Gress Gemeetion stwvey repaI4 for the faeil4y to the Depaftment. The Gross Genneetion suiwey Y-epeA shall have been eempleted by-a �s � eaid shall eefAaiii the inspeetef's engineer's seal eft eaeh page. Any stin,ey fepeF4 submitted to the Depai4fnent for- fevievl, .ittgew this i.,r .fnatie., ,hall be deemed r shall bl a be revievk_-.d. Feff DepartmefA's approved self evaluation fefms. (3) (2) Reclaimed Water connections All properties served by Reclaimed Water shall be surveyed at intervals, acceptable to the Department of Environmental Protection, but no less than every three years as to changes, additions or deletions in the customer plumbing system. All property surveys found to have the potential to create a Cross - Connection shall undergo further review up to and including site visits by the County to investigate potential hazards. (4) (3) Survey report review and approval. After the Department has received and reviewed the Cross - Connection survey report for a proposed facility or use, the Department may take the following action: a. The Department may accept the Cross - Connection survey report as written. b. The Department may reject the Cross - Connection survey report as written 11 I ?G c. The Department may request additional information before accepting or rejecting the report. d. The Department may require a meeting with the Facility Owner's designated agent, certified Cross - Connection control survey inspector, engineer or all such entities or individuals involved before acting upon the report as submitted. (4) Department acceptance of Cross - Connection survey report. Upon acceptance and approval of the Cross - Connection survey report, the Department shall issue a notice of acceptance. Once a backflow prevention assembly has been approved by the Department, no changes or alterations shall be made without the approval of the Department. * * * * * * * * * * * * SECTION EIGHT: Amendment to SECTION TEN of Collier County Ordinance No. 97- 33, codified as Sections 134 -130 of the Collier County Code of Laws and Ordinances follows: SECTION TEN: TECHNICAL IMPLEMENTATION. In order to provide protection to the County's Public Water System from Contamination and a high level of customer service and program quality at a reasonable and economical cost to the customers or consumers of the Collier County Water -Sewer District and Goodland Water District, all backflow prevention assemblies installed for the purposes of complying with this Ordinance shall be owned by the County. All zaeility Owners that also own existing baelEfle assemblies to !he Count), for ownefship and maintenanee within 120 days ffam adeptien ef4his Ordinanee. Any assemblies not dedicated and conveyed to the County ::ithio .w, psi pefied shall remain in private ownership unless the conveyance is approved by the County. In cases where ownership of a backflow prevention assembly remains with the Facility Owner, the Facility Owner shall be responsible for complying with all maintenance and other requirements of this Ordinance. The technical and administrative requirements of this Ordinance shall be implemented as follows. A. Program Administration. It shall be the responsibility of the Department to administer, coordinate, monitor and track the technical implementation and ongoing requirements of the Ordinance for compliance B. New installations. 12 17G 1. Backflow prevention assemblies for 54 3/4" through 2" meters shall, if identified as necessary at the time of service application, be installed by the Department or the County's contract agent as part of and at the time of the installation of the County's Service Connection. 2.. Backflow prevention assemblies for meters greater than 2" size shall be installed as part or the Service Connection for new construction by a plumbing or underground contractor retained by the Facility Owner. All such backflow prevention assemblies shall be conveyed to the County for ownership in accordance with the Collier County Utility Standards and Procedures Ordinance, Ordinance No. 9-7-1 7 2004-31, any amendments or successors thereto, and the Department's administrative and operational procedures. 7 BaelEflow r.. - a en ,. ti.. assemblies e wh h meter is b 1. h .- l...11 t— va 1.., tho. !`.,,...f.. .,.-A :....t..11e,l 1- ...1.,. Tl,. «...w».,..... ,-- ♦L_ �_.._• --'- C. Repairs. 1. Repairs of backflow prevention assemblies where the meter is -54 3/4" through 2" shall be performed by the Department or the County's contract agent. 2. Repairs of backflow prevention assemblies where the meter is greater than 2" shall be performed by the Department or the County's contract agent. SECTION NINE: Amendment to SECTION ELEVEN of Collier County Ordinance No. 97 -33, codified as Sections 134 -131 of the Collier County Code of Laws and Ordinances follows: 13 .- 7 BaelEflow r.. - a en ,. ti.. assemblies e wh h meter is b 1. h .- l...11 t— va 1.., tho. !`.,,...f.. .,.-A :....t..11e,l 1- ...1.,. Tl,. «...w».,..... ,-- ♦L_ �_.._• --'- C. Repairs. 1. Repairs of backflow prevention assemblies where the meter is -54 3/4" through 2" shall be performed by the Department or the County's contract agent. 2. Repairs of backflow prevention assemblies where the meter is greater than 2" shall be performed by the Department or the County's contract agent. SECTION NINE: Amendment to SECTION ELEVEN of Collier County Ordinance No. 97 -33, codified as Sections 134 -131 of the Collier County Code of Laws and Ordinances follows: 13 17r SECTION TEN: Amendment to SECTION THIRTEEN of Collier County Ordinance No. 97 -33, codified as Sections 134 -133 of the Collier County Code of Laws and Ordinances follows: SECTION THIRTEEN: PENALTIES. (a) Any person who violates any provision of this Ordinance, or amendments thereto, shall be subject to the penalties provided in Section 125.69, Florida Statutes. In addition, the County may bring suit for damages for any violation of this Ordinance and amendments thereto, and to restrain, enjoin or otherwise prevent a violation of or mandate compliance with this Ordinance and amendments thereto. 14 ._ _ .- ,. •. SECTION TEN: Amendment to SECTION THIRTEEN of Collier County Ordinance No. 97 -33, codified as Sections 134 -133 of the Collier County Code of Laws and Ordinances follows: SECTION THIRTEEN: PENALTIES. (a) Any person who violates any provision of this Ordinance, or amendments thereto, shall be subject to the penalties provided in Section 125.69, Florida Statutes. In addition, the County may bring suit for damages for any violation of this Ordinance and amendments thereto, and to restrain, enjoin or otherwise prevent a violation of or mandate compliance with this Ordinance and amendments thereto. 14 l7S (b) All penalty provisions in Section 1 -6 of the County's Code of Laws and Ordinances apply to this Ordinance except the $500 fine limitation in subsection "c" therein Fines applicable to any violation(s) of this Ordinance shall be determined by the then existing rules of the respective enforcement forum. (c) Any violation of this Ordinance can be referred for enforcement by Collier County Code Enforcement officer(s) in which event the provisions of Section 2 -2044 of the County's Code of Laws and Ordinances shall apply. (d) Any violation(s) of this Ordinance may be referred for enforcement to a Code Enforcement Board, Special Magistrate or Nuisance Abatement Bboard in which event the provisions of Section 2 -2030 of the County's Code of Laws and Ordinances shall apply (e) No individual shall be subject to imprisonment for violating any provision of this Ordinance except as may be imposed by the court for contempt (f) If it is determined by the Public Utility Administrator that (i) an emergency without notice to the owner, or (ii) after reasonable notice from staff to correct a correctable violation of this Ordinance was not promptly and completely corrected by the owner, whereby County staff (and/or a contractor contracted by the County) was required to correct abate cure or otherwise serve any hazard and/or Contamination; make any repair, replacement and /or other improvement to any privately owned assembly or part thereof, and/or any connection physical arrangement or facility (as such term is defined in this Ordinance) then pursuant to any applicable Florida law, including Section 153.67, Florida Statutes and/or Special Act Chapter 2003 -353 Laws of Florida, including Section 10 and/or Section 22 therein shall impose a lien (for such services) upon any parcel of property (land) affected thereby, including all costs expenses interests thereon, and, as applicable, reasonable attorney's fees and all other costs of collection as applicable. (g) All other enforcement provisions in Chapter 2003 -353 Laws of Florida also apply to violations of this Ordinance. SECTION ELEVEN: CONFLICT AND SEVERABILITY. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare, and convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any 15 court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the most restrictive shall apply. If any phrase or portion of this Article is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION TWELVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance may be changed to "section" "article ", or any other appropriate word. SECTION THIRTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ay4h day of _ , 2008. ATTEST: P11 i DWI;C41I V. 13104�K, CLERK Approval as to form and legal Sufficiency: Jennifer A. Bel a 'o Assistant County ttorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By. TOM HENNING, CHAI N 16 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: 2008 -32 Which was adopted by the Board of County Commissioners on the 24th day of June, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of June, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Bgard;1©f� County Commissioners By: Martha Ve ra, Deputy Clerk "" ` 17G COLLIER COUNTY FLORIDA 1 7 '?hJ REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 1 To: Clerk to the Board: Please place the following as a: ID X Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) Originating Dept/ Div: Alternative Transportation Modes Dept/ Transportation Person: Darryl Richard & Tessie Sillery Date: 5 -22 -08 Petition No. (If none, give brief description): The Haldeman Creek MSTU wants to add 5 parcels to their boundary. Note these parcels were not included in the original creation of the MSTU. Also, included in this addition is a section of canal adjacent to the 5 parcels noted. Petitioner: (Name & Address): Darryl Richard, Project Manager for Haldeman Creek MSTU — 2885 South Horseshoe Drive, Naples, Florida 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Please send out a notice to the property owners below: 1) Folio Number: 48730920700; Talley;: 2) Folio Number: 48730920603; Farmilo; 3) Folio Number: 48730920506; Daniels; 4) Folio Number: 48730920205; Mcelwain; 5) Folio Number: 48730920108; Mcelwain; Hearing before 6 -24 -08 BCC X BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): ❑ Naples Daily News ❑ Other ❑ Legally Required Proposed Tend: (Include legal description & common location & Size: ORDINANCE NO. 2008- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2006 -60, WHICH CREATED THE HALDEMAN CREEK MAINTENANCE DREDGING MUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FLORIDA. PROVIDING FOR THE EXPANSION OF THE UNIT BOUNDARIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: June 24, 2008 Does Petition Fee include advertising cost? X Yes No If Yes, what account should be charged for advertising costs: Haldeman Creek MSTU —164 Revi e Division Administrator or Designee ate �uV List Attachments: Amended Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USEQNL p Date Received —{� Q� Date of Public hearing:(6 '247M Date Advertised: i0 l7H ORDINANCE NO. 2008- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2006 -60, WHICH CREATED THE HALDEMAN CREEK MAINTENANCE DREDGING MUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FLORIDA. PROVIDING FOR THE EXPANSION OF THE UNIT BOUNDARIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners, on December 12, 2006, adopted Collier County Ordinance No. 2006 -60, creating the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (the "MSTU ") for the purpose of addressing dredging needs within the unit; and WHEREAS, the Board of County Commissioners desires to expand the boundaries of the MSTU. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: SECTION ONE: AMENDMENTS TO COLLIER COUNTY ORDINANCE NO. 2006 -60, TO EXPAND BOUNDARIES Exhibit "A" of Section Two of Collier County Ordinance No. 2006 -60 is hereby amended to increase the geographic boundary of the MSTU: See attached amended Exhibit "A" which is incorporated herein by reference. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 1 Words Underlined are added; Words Stfue: are deleted. 17H SECTION FOUR: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ,Deputy Clerk Approved as to form and legal sufficiency: [� ' I A � r� Heidi Ashton -Cicko Assistant County Attorney h: HFA \Ord\AmendHaldemanCreekMS'IU TOM HENNING, CHAIRMAN 2 Words Underlined are added; Words Struck Thfeagk are deleted. 17H I Amended Exhibit "A" The Haldeman Creek Dredging Municipal Service Taxing Unit LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTIONS 11,12,13 & 14, TOWNSHIP 50S, RANGE 25E, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, BEING THE NORTH EAST CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST; WHICH IS ALSO THE NORTH EAST CORNER OF LOT 118 OF THE NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No.2 AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE S.89 022'57 "E. FOR 333.43 FEET; TO A POINT ON THE WEST LINE OF TRACT B, COURTHOUSE SHADOWS AS RECORDED IN PLAT BOOK 29, PAGE 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND CONTINUING ALONG THE SAID PLATLINES FOR THE NEXT (8) CALLS, (1) THENCE N.00 °23'57 "E. FOR 11.05 FEET; (2) THENCE N.51 °36'02 "E. FOR 309.05 FEET; (3) THENCE N.64 °13'11 "E. FOR 80.05 FEET; (4) THENCE S.51 °36'02 "W. FOR 5.00 FEET; (5) THENCE S.38 °23'58 "E. FOR 404.47 FEET; (6) THENCE N.51 °36'02 "E. FOR 98.00 FEET; TO A POINT ON THE WESTERLY RIGHT -OF -WAY OF U.S. 41, (7) THENCE ALONG SAID RIGHT -OF -WAY, S.38 °23'58 "E. FOR 128.47 FEET; TO A POINT LYING ON THE NORTH SIDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (8) THENCE CONTINUING ALONG SAID RIGHT -OF -WAY OF U.S. 41, S.38 °23'36 "E. FOR 190.55 FEET; TO A POINT LYING ON THE SOUTH SIDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE CONTINUING ALONG SAID RIGHT -OF -WAY OF U.S. 41, S.38 023'36 "E. FOR 59.24 FEET; THENCE LEAVING SAID RIGHT -OF -WAY, S.50 049'31 "W. FOR 131.60 FEET; THENCE N.89 035'01 "W. FOR 353.34 FEET; THENCE S.00 000'20 "E. FOR 60.00 FEET; THENCE N.89 041'20 "W. FOR 420.00 FEET; THENCE N.87 026'59 "W. FOR 22.00 FEET; THENCE N.89 056'20 "W. FOR 135.00 FEET; TO A POINT ON THE EAST RIGHT -OF -WAY OF DOMINION DRIVE, THENCE N.00 003'40 "E. FOR 128.12 FEET; THENCE S.89 036'10 "W. FOR 59.99 FEET; TO A POINT ON THE WEST RIGHT -OF -WAY OF DOMINION DRIVE, THENCE ALONG SAID RIGHT -OF -WAY, S.00 003'40 "W. FOR 474.69 FEET; THENCE S.89 052'50 "W. FOR 294.56 FEET; ALONG THE NORTH RIGHT -OF -WAY OF ARECA AVE. AS DESCRIBED IN SUBDIVISION OF BLOCK F, SABAL SHORES AS RECORDED IN PLAT BOOK 4, PAGE 40 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE CONTINUING ALONG SAID RIGHT -OF -WAY S.89 052'50 "W. FOR 350.00 FEET; THENCE N.00 000'00 "E. FOR 351.01 FEET; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 41.90 FEET, ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 39.83 FEET, THROUGH A CENTRAL ANGLE OF 60 016'34" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29 055'35 "E. FOR 40.00 FEET, TO; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 42.08 FEET, ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 40.17 FEET, THROUGH A CENTRAL ANGLE OF 60 001'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29 °55'35 "E. FOR 40.18 FEET, TO ; THENCE S.89 052'50 "W. FOR 100.00 FEET; THENCE S.00 000'00 "E. FOR 89.89 FEET; THENCE S.89 051'30 "W. FOR 700.00 FEET; TO A POINT ON THE EASTERLY RIGHT -OF- WAY OF BAYSHORE DRIVE, 3 Words Underlined are added; Words ° fuelc Trnc- izuotig are deleted. l7H , THENCE CONTINUE S.89 051'30 "W. FOR 100.00 FEET; TO A POINT ON THE WESTERLY RIGHT -OF -WAY OF BAYSHORE DRIVE, THENCE ALONG SAID RIGHT -OF -WAY, S.00 000'00 "E. FOR 469.63 FEET; TO A POINT OF CURVATURE; THENCE LEAVING SAID RIGHT -OF -WAY, SOUTHWESTERLY 39.20 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89 °50'27" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44 055'13 "W. FOR 35.31 FEET, TO A POINT ON THE NORTH RIGHT -OF -WAY OF LAKEVIEW DRIVE AS SHOWN IN GULF SHORES SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.; THENCE S.89 050'27 "W. FOR 1,215.98 FEET; THENCE S.55 035'14 "W. FOR 60.57 FEET; THENCE S.89 035'14 "W. FOR 325.71 FEET; TO A POINT LYING ON THE EAST BOUNDARY OF TRACT B, OF W INDSTAR SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 12- 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND CONTINUING ALONG SAID PLATLINE FOR THE NEXT (3) CALLS; (1) THENCE N.00 °13'07 "W. FOR 132.86 FEET; (2) THENCE S.89 °35'11 "E. FOR 30.47 FEET; (3) THENCE N.00 °13'07 "W. FOR 1,335.47 FEET; THENCE LEAVING SAID PLATLINE, S.82 °00'10 "W. FOR 156.35 FEET; ALONG THE EASTERLY LINE OF A PARCEL OF LAND AS DESCRIBED IN OR BOOK 2754, PAGE 2850 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOR THE NEXT (42) CALLS, (1) THENCE S.76 °41'21 "W. FOR 164.00 FEET; (2) THENCE S.22 °49'49 "W. FOR 61.06 FEET; (3) THENCE S.50 °27'04 "W. FOR 101.55 FEET; (4) THENCE S.58 °51'50 "W. FOR 56.28 FEET; (5) THENCE N.84 °40'34 "W. FOR 72.34 FEET; (6) THENCE S.76 °07'47 "W. FOR 113.00 FEET; (7) THENCE S.54 005'36 "W. FOR 90.85 FEET; (8) THENCE S.25 °09'38 "W. FOR 25.65 FEET; (9) THENCE S.17 °03'56 "W. FOR 23.41 FEET; (10) THENCE S.11 °01'23 "E. FOR 55.54 FEET; (11) THENCE S.04 °20'38 "W. FOR 94.75 FEET; (12) THENCE S.32 °14'25 "W. FOR 159.05 FEET; (13) THENCE S.07 °38'14 "E. FOR 34.43 FEET; (14) THENCE S.35 °32'27 "E. FOR 94.54 FEET; (15) THENCE S.03 °16'57 "W. FOR 292.24 FEET; (16) THENCE S.42 °37'09 "W. FOR 111.02 FEET; (17) THENCE S.20 °33'59 "W. FOR 99.26 FEET; (18) THENCE S.21 °22'23 "W. FOR 71.83 FEET; (19) THENCE S.52-12'31 "W. FOR 408.66 FEET; (20) THENCE S.62 °28'18 "W. FOR 230.33 FEET; (21) THENCE S.30 °40'44 "W. FOR 192.53 FEET; (22) THENCE S.17 °19'34 "W. FOR 219.43 FEET; (23) THENCE S.44 °20'44 "W. FOR 94.89 FEET; (24) THENCE S.58 °45'28 "W. FOR 215.33 FEET; (25) THENCE S.05 °21'48 "W. FOR 42.63 FEET; (26) THENCE S.06-59-1 0"W. FOR 376.44 FEET; (27) THENCE S.52 °38'49 "W. FOR 245.54 FEET; (28) THENCE S.87 °24'12 "W. FOR 105.57 FEET; (29) THENCE S.50-1 1'00"W. FOR 11.53 FEET; (30) THENCE S.11 °39'26 "E. FOR 79.74 FEET; (31) THENCE N.67 033'55 "E. FOR 13.98 FEET; (32) THENCE S.21 °04'35 "E. FOR 104.77 FEET; (33) THENCE S.70 °16'20 "E. FOR 48.32 FEET; (34) THENCE N.79 °53'45 "E. FOR 98.25 FEET; (35) THENCE N.59-1 1'08"E. FOR 124.42 FEET; (36) THENCE S.59 °51'49 "E. FOR 22.11 FEET; (37) THENCE S.06 °34'37 "W. FOR 208.89 FEET; (38) THENCE S.61 °36'29 "W. FOR 112.07 FEET; (39) THENCE S.89 °30'13 "W. FOR 119.20 FEET; (40) THENCE S.51 °13'33 "W. FOR 86.86 FEET; (41) THENCE S.35 °33'53 "W. FOR 84.64 FEET; (42) THENCE S.43 °47'56 "W. FOR 135.55 FEET; TO A POINT ON THE WEST LINE OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, ALSO BEIN THE WEST LINE OF TRACT B OF WINDSTAR SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 12 -15 4 Words Underlined are added; Words Sti-aek Thf eegk are deleted. 17H OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.0001 2'53"W. FOR 203.32 FEET; THENCE N.00009'1 2"W. FOR 643.41 FEET; THENCE CONTINUE N.00 009'12 "W. FOR 1,391.07 FEET; THENCE LEAVING SAID SECTION LINE AND WESTERLY LINE OF SAID TRACT B, N.14 045'47 "E. FOR 199.17 FEET; THENCE N.00006'21 "E. FOR 427.72 FEET; TO THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN OR BOOK 3001, PAGE 2697 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.00 043'42 "W. FOR 1,295.38 FEET; TO A POINT ON THE SOUTH RIGHT -OF -WAY OF MARLIN DRIVE, THENCE ALONG SAID RIGHT -OF -WAY, N.89 °31'33 "E. FOR 1,305.55 FEET; TO A POINT ON THE EAST RIGHT -OF -WAY OF PALM STREET THE POINT ALSO BEING ON THE WEST LINE OF NAPLES LAND YACHT HARBOR, A PARCEL OF LAND DESCRIBED IN OR BOOK 714, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE ALONG SAID WEST BOUNDARY LINE, N.00 038'25 "W. FOR 1,374.49 FEET; TO THE NORTHWEST CORNER OF SAID NAPLES LAND YACHT HARBOR, THENCE ALONG SAID NORTH BOUNDARY LINE, N.89 °33'52 "E. FOR 1,247.66 FEET; TO THE NORTHEAST CORNER OF SAID NAPLES LAND YACHT HARBOR. THENCE ALONG THE EAST LINE OF NAPLES LAND YACHT HARBOR, S.00 033'08 "E. FOR 616.83 FEET; THENCE S.89 032'43 "W. FOR 623.36 FEET; THENCE S.00 035'47 "E. FOR 166.00 FEET; THENCE LEAVING THE BOUNDARY OF NAPLES LAND YACHT HARBOR, N.89 032'43 "E. FOR 150.81 FEET; THENCE S.00 035'07 "E. FOR 100.00 FEET; THENCE N.89 019'24 "E. FOR 159.27 FEET; TO THE WEST RIGHT -OF -WAY LINE OF ARBUTUS DRIVE, THENCE S.00 035'47 "E. FOR 992. 99783.37 FEET; T E N 1 G E C 77052'26 "W C(1D 055 05 CrrT THENCE AI 00005'A74V FOR 994.00 FEET; THENCE S.89024'1 3"VV FOR 20.00 FEET; THENCE AI 00025'47 "W FOR 50.05 CCCT Ti IrKlr" n nnonni.. THENCE C 00025'47 "C POR 1,086.59 CCCT ' THENCE 01.77052'26"E. FOR 684.32 FEET THENCE NI 00000'42 "C FOR 131.01 FEET THENCE N.89 020'03 "E. FOR 340.51 FEET: THENCE S.00 040'49 "E. FOR 37.20 FEET THENCE N.89 025'10 "E. FOR 19.80 FEET: THENCE N.00 001'54 "E. FOR 1.52 FEET TO A POINT BEING THE NORTHWEST CORNER OF LOT 37, DEMERE LANDING SUBDIVISION A$ RECORDED IN PLAT BOOK 4, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A POINT ALSO BEING ON THE SOUTH RIGHT -OF -WAY LINE OF BECCA AVENUE, THENCE S.89 059'03 "E. FOR 297.97 FEET; ALONG SAID RIGHT -OF -WAY LINE, THENCE LEAVING SAID RIGHT -OF -WAY, S.00 °06'52 "E. FOR 252.07 FEET; THENCE N.89 053'08 "E. FOR 60.00 FEET; THENCE N.00 006'52 "W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT -OF -WAY, S.89 059'03 "E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT -OF -WAY, S.00 006'52 "E. FOR 252.07 FEET; THENCE N.89 053'08 "E. FOR 60.00 FEET; THENCE N.00 006'52 "W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT -OF -WAY, S.89 °59'03 "E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT -OF -WAY, S.00 °06'52 "E. FOR 252.07 FEET; THENCE N.89 053'08 "E. FOR 60.00 FEET; THENCE N.00 006'52 "W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT -OF -WAY, S.89 059'03 "E. FOR 270.00 FEET; TO A POINT ALSO ON THE WEST RIGHT -OF -WAY OF BAYSHORE DRIVE, THENCE S.37 024'59 "E. FOR 165.01 FEET; TO A POINT ON THE EAST RIGHT -OF -WAY OF BAYSHORE DRIVE. ALSO BEING THE NORTHWEST CORNER OF LOT 121 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No. 2, AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Words Underlined are added; Words Stru k Thfatt are deleted. 17H : i' THENCE N.89 053'08 "E. FOR 193.85 FEET; TO A POINT ON THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN OR BOOK 2983, PAGE 379 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND WILL CONTINUE TO RUN ALONG SAID BOUNDARY FOR THE NEXT (19) CALLS, (1) THENCE N.00 °06'52 "W. FOR 799.75 FEET; (2) THENCE N.89 °57'01 "E. FOR 44.86 FEET; (3) THENCE N.00 °06'20 "W. FOR 10.38 FEET; (4) THENCE S.64 °07'22 "E. FOR 45.88 FEET; (5) THENCE N.38 °09'22 "E. FOR 205.26 FEET; TO THE WESTERLY RIGHT -OF -WAY OF U.S.41, (6) THENCE ALONG SAID RIGHT -OF -WAY, S.51 °50'39 "E. FOR 115.49 FEET; (7) THENCE LEAVING SAID RIGHT -OF -WAY, S.38 °09'32 "W. FOR 190.01 FEET; (8) THENCE S.51 °50'42 "E. FOR 89.71 FEET; (9) THENCE S.00 °53'09 "E. FOR 220.16 FEET; (10) THENCE N.88-53'51 "E. FOR 147.79 FEET; (11) THENCE N.01 '06'06"W. FOR 100.00 FEET; (12) THENCE S.51'50'1 1"E. FOR 10.78 FEET; (13) THENCE N.01 °06'09 "W. FOR 245.43 FEET; TO THE WESTERLY RIGHT- OF -WAY OF U.S.41, (14) THENCE ALONG SAID RIGHT -OF -WAY, S.51 °50'34 "E. FOR 15.05 FEET; (15) THENCE LEAVING SAID RIGHT -OF -WAY, S.00 °42'52 "E. FOR 653.02 FEET; (16) THENCE S.89 °58'17 "W. FOR 4.98 FEET; (17) THENCE S.00 °42'52 "E. FOR 291.22 FEET; (18) THENCE N.89 °55'57 "W. FOR 9.98 FEET; (19) THENCE S.00 042'55 "E. FOR 672.72 FEET; THENCE N.89 049'00 "E. FOR 145.13 FEET; THENCE S.00 019'20 "E. FOR 30.00 FEET; THENCE N.89 049'00 "E. FOR 450.63 FEET; THENCE N.00 019'20 "W. FOR 30.00 FEET; THENCE N.89 049'00 "E. FOR 77.13 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 11,822.890 11,678,801 SQUARE FEET OR 271.416 2668.1 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE CENTERLINE OF GULFVIEW DRIVE, WHICH LIES IN THE GULF SHORES SUBDIVISION, PLAT BOOK 4, PAGE 50 AS BEEING EAST. 6 Words Underlined are added; Words S "ek Thfough are deleted. Ykf T; rig VOW, Details Page aj off} H The Information Is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp ?Map= No &FolioID -0000048730920700 6/6/2008 Property Record i Sketches Current Ownership Parcel No.h 48730920700 Property Address 2358 BECCA AVE i i Owner Nams TALLEY, THOMAS J =8 KIMBERLY A Addreasesli 2358 BECCA AVE g I Cityll NAPLES I State FL Zlpf 34112 - 5849 Lepil HALDEMAN RIVER BLK G LOT 8 Secaon Township "5 Acres Ma41No. 394300 G 65A11 t V Sub No. 394300 HALDEMAN RIVER MMWAnn I MRIM i the Code 1 SINGLE FAMILY RESIDENTIAL 63 12.9381 I 2007 Final Certified Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 69,300.00 Date Book - Page Amourk (• Improved Value $ 174,738.00 06/ 1996 ]iy$�t t S 106,000.00 r ( i Increases. i Just Value $ 244,038.00 -) SOH Exem t Value $ 143,966.00 Assessed Value $ 100,072.00 ( -) Homestead and other Exempt Value $ 25,000.00 (_) Taxable Value $ 75,072.00 SOH = "Save Our Homes" exempt value due to cap on assessment The Information Is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp ?Map= No &FolioID -0000048730920700 6/6/2008 Details PagG.j 7 Property Record �L .Sketches Current Ownership Parcel No. 48730920603 P Address 2364 BECCA AVE Owner Nalmel FARMILO TR, NORMA A Addresses NORMA A FARMILO TRUST UTD 6/28/88 4036 KENT CT Cilyl NAPLES State FL Zip 34116 - 7310 Legal HALDEMAN RIVER BLK G LOT 70R 1607 PG 2233 Section Townshi Ras MaAp1No. Strap O Orp No. 394 Sub No. 394300 HALDEMAN RIVER Milla .� 11a—co" 1 0 VACANT RESIDENTIAL 63 1y 0301 2007 Final Certified Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 67,650.00 Date Book - Page Amount ( +) Improved Value $ 0.00 10 1 2006 4118 - 2530 E 200,000.00 (_) Just Value $ 67,650.00 0912006 4103-3151 $ 0.00 (- SOH Exempt Value $ 0.00 0411991 1 1697 -2Z33 $ 0.00 (_) Assessed Value $ 67,650.00 ( -) Homestead and other Exempt Value $ 0.00 (_) Taxable Value $ 67,650.00 SOH ='Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. http:// www. collierappraiser .comIRecordDetail. asp? Map= No &FolioID= 0000048730920603 6/6/2008 Details Property Record Sketches HALDEMAN RIVER Millagg Am Use Cod • Improved Value Current -.._� ,,....._ Ownership 63 12.9381 2��90 iJ te114dL121 Sub No. Jr 394300 HALDEMAN RIVER Millagg Am Use Cod • Improved Value SINGLE FAMILY RESIDENTIAL 63 12.9381 2007 Final Certified Tax Roil (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 264,000.00 Date Book - Page Amount • Improved Value $ 374,845.00 10l 1997 2��90 E 78,500.00 (_) Just Value $ 638,845.00 ( -) SOH Exempt Value $ 312,000.00 (s ) Assessed Value $ 326,845.00 ( -) Homestead and other Exempt Value $ 25,000.00 ( =) Taxable Value $ 301,845.00 SOH -"Saw Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. http:// www. col lierappraiser.comIRecordDetail. asp ?Map= No &FolioID= 0000048730920506 6/6/2008 I Details Property Record r .._-- ��- ....._ -- I Sketches - .... to Current Ownership Parcel No.1 48730920205 Pro Atltlress 2382 BECCA AVE Page of 1 17H Owner Narnal N TR, JOHN Addresses JOHN MCELWAIN REV TRUST UTD 1/3199 PO BOX 2855 CI NAPLES State Ft. Zip 34108 - 2865 Sub No. 394300 HALDEMAN RIVER um-coo 11 0 VACANT RESIDENTIAL 83 12.9381 2007 Final Certified Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this Parcel was created after the Final Tax Roll Land Value E 82,700.00 Date Book - Page Amount ( +) IM ovetl Value L 09 12006 4103.31'y -1 E 0.00 and to cap on assessment The Information Is Updated Weekly. http:// www. collierappraiser. com/ RecordDetail.asp?Map= No &FoliolD= 0000048730920205 6/6/2008 Details Property Record Sketches Current Ownership I Parcel No Page 1 of I 17H Sub No. 394300 HALDEMAN RIVER .Je L 'T Uaq rods 0 VACANT RESIDENTIAL 63 1 12 91111 2007 Final Certified Tax Roll (SubJect to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll increases. Latest Sales History Dab 11 Book - Page Amount 0912006 11 4193_ -11 1 $0.00 The Intonation is Updated Weekly. http:// www. collierappraiser- comIRecordDetail. asp ?Map= No&FOliolD=0000048730920108 6/6/2008 17H June 10, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Amending Ordinance No. 06 -60: Expanding the Boundaries of the Haldeman Creek Maintenance Dredging MSTU Dear Legals: Please advertise the above referenced notice on Friday, June 13, 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. #4500094760 NOTICE OF INTENT TO CONSIDER ORDINANCE 17 i! Notice is hereby given that on Tuesday, June 24, Boardroom, 3rd Floor, Administration Building, Coll Government Center, 3301 East Tamiami Trail, Naples, of County Commissioners will consider the enactment Ordinance. The meeting will commence at 9:00 A.M. proposed Ordinance is as follows: 2008, in the _er County Florida, the Board of a County The title of the AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2006 -60, WHICH CREATED THE HALDEMAN CREEK MAINTENANCE DREDGING MUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FLORIDA. PROVIDING FOR THE EXPANSION OF THE UNIT BOUNDARIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. 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. 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. 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 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. 17H BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk -eorly �t of C ollier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY (CURT OUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOA{ 413044 NAPLES, FLORIDA'T411001 -3044 June 6, 2008 Thomas J. & Kimberly A. Talley 2358 Becca Avenue Naples, FL 34112 Re: Amending Ordinance No. 2006 -60: Expanding the Boudaries of the Haldeman Creek Maintenance Dredging MSTU Dear Property Owner: 17H 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, June 24, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, June 13, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK JIAJA Ann Jennejohn, �1 Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.eollier.fl.us Email- collierclerk (*clerk.collier.fl.us -County. of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURT OUSE Clerk of Courts 3301 TAMIAMI T,RWl- EAST P.O. BOX 413044, NAPLES, FLORIDA'3,4101 -3044 June 6, 2008 Norma A. Farmilo, Tr 4036 Kent Court Naples, FL 34116 Re: Amending Ordinance No. 2006 -60: Expanding the Boudaries of the Haldeman Creek Maintenance Dredging MSTU Dear Property Owner: 17H 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, June 24, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, June 13, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK aW Ann JennejohnL� Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us En-tail- collierclerk (a),clerk.collier.fl.us bounty of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY C'OURT�OUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA'�4101 -30'44 June 6, 2008 Danny & Amy Daniels 2370 Becca Avenue Naples, FL 34112 Re: Amending Ordinance No. 2006 -60: Expanding the Boudaries of the Haldeman Creek Maintenance Dredging MSTU Dear Property Owner: 17H 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, June 24, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, June 13, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ou� �cGy J� - p c Ann Jennejohn, �U Q� Deputy Clerk Enclosure Phone- (239)732 -2646 Fax - (239)775 -2755 Wcbsite- www.clerk.collier.fl.us Email- collierclerk(.4,clerk.coltier.fl.us Dwight E. Brock Clerk of Courts June 6, 2008 John Mcelwain, Tr P.O. Box 2855 Naples, FL 34106 `aunty of Collier CLERK OF THE CtRCU T COURT COLLIER COUNTY tOURTSOUSE 3301 TAMIAMI Xl�,AIL EAST P.O. BOX 413044, NAPLES, FLORIDA`TJ101 -3044 Re: Amending Ordinance No. 2006 -60: Expanding the Boudaries of the Haldeman Creek Maintenance Dredging MSTU Dear Property Owner: 17H 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, June 24, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, June 13, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 17t- l,t.(.0 —� r_. Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 732 -2646 Fax- (239) 775 -2755 Website- www.clerk.collier.fl.us Email- collierclerk Ciulclerk.collier.fl.us Ann P. Jen To: legals @naplesnews.com Subject: Haldeman Creek MSTU Boundary Addition Attachments: Amending Ordinance 06- 60.doc; AMEND ORD 2006- 60.doc Good Morning, Please advertise the attached on Friday, June 13, 2008. Thank you, Amending AMEND ORD dinance 06- 60.doc ?006- 60.doc(24 KB: Ann Jennejohn Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann.jennejohn @col lierclerk.com) 1 17H Ann P. Jennejohn From: postmaster @collierclerk.com Sent: Tuesday, June 10, 2008 8:55 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT03007.txt; Haldeman Creek MSTU Boundary Addition E LI ATT03007.txt (229 Haldeman Creek B) MsTU Boundary A ... 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 Haldeman Creek MSTU Boundary Addition Page 1 of 1 17H Ann P. Jennejohn From: Perrell, Pam [PPerrell @Naplesnews.com] Sent: Tuesday, June 10, 2008 12:01 PM To: Ann P. Jennejohn Subject: RE: Haldeman Creek MSTU Boundary Addition OK From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Posted At: Tuesday, June 10, 2008 8:55 AM Posted To: Legals - NDN Conversation: Haldeman Creek MSTU Boundary Addition Subject: Haldeman Creek MSTU Boundary Addition Good Morning, Please advertise the attached on Friday, June 13, 2008. Thank you, <<Amending Ordinance 06- 60.doc>> <<AMEND ORD 2006- 60.doc>> Ann Jennejohn Senior Clerk to the Board Minutes & Records Department 252 -8406 (ann.jennejohn @col I ierclerk.com) 6/10/2008 NAPLES DAILY NEWS Published DmIN Naples_ FL 31102 Affidavit of Publication State of Florida County of Collier Before the undersigned they set-%e as the authority. personalty appeared B. Lamb. N+ ho on oath says that they sense as the Assistant Corporate Secretary of the Naples Daily. a dash newspaper published at Naples, in Collier County. Florida: distributed in Collier and Lce Counties of Florida: Ihat the attached copy of the ad%ertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 tune in the issue On June IV'. 2008 A17iant further says that the said Naples DaiIN News is a newspaper Published at Naples. in collier count,, Florida and that the said newspaper has heretofore been CO nl i uuoush published in said CoIIIor Counlc, I londa, di.slnbutad in Collier and Lee counties of Florida, each day and has been entered as second class mail ..latter al the post office in Naples, in said Collier C'ounl r. Florida. Ile a period of I pear ..act preceding the In I publication of niachod cop, of adt ertivancnl. and al7lanl turther say thin he has neither paid nor promised an, person. firm or eorporation and discount, rebate, commission or refund forthc purpose of wcuring this ad,erlisemeut for publiaat ion in the said I s //paper. ( Signalurc Gd(iant) Sworn to and subscribed before me This 13". Dac Of June 2008 (Sign lure o , publi JUDY JANES Commission DD 675029 Expires May 16, 2011 %?''od pnnaatl rhm F, 800 325 F171 59 -1_' 78 "?'_ 7 17H. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 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 # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the tea...;..,. "va,.. (`ha;rman's sigaahve draw aline through muting Imes 41 through #4. complete the checklist. and forward to Sue Filson (line #5). ........... . Route to Addressee(s) (List in routing order Office Initials Date 1. appropnHate. (Initial) Applic able 2. 6 -24 -08 Agenda Item Number 17H _ J U 01 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Haldeman ek �} ance 2008- C S! 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. Nonmalty 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 Darryl Richard, Project Mgr. Phone Number 252 -5775 Contact appropnHate. (Initial) Applic able Agenda Date Item was 6 -24 -08 Agenda Item Number 17H _ J U 01 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Haldeman ek �} ance 2008- C S! Number of Original 1 Attached — 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 appropnHate. (Initial) Applic able 1. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that 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. L Some documents are time sensitive and require forwarding to Tallahassee within a certain �[ time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 6 -24-08 (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. C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17 t; ORDINANCE NO. 2008- 33 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2006 -60, WHICH CREATED THE HALDEMAN CREEK MAINTENANCE DREDGING MUNICIPAL SERVICE TAXING UNIT IN COLLIER COUNTY, FLORIDA. PROVIDING FOR THE EXPANSION OF THE UNIT BOUNDARIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners, on December 12, 2006, adopted Collier County Ordinance No. 2006 -60, creating the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (the "MSTU ") for the purpose of addressing dredging needs within the unit; and MSTU. WHEREAS, the Board of County Commissioners desires to expand the boundaries of the NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: SECTION ONE: AMENDMENTS TO COLLIER COUNTY ORDINANCE NO. 2006 -60, TO EXPAND BOUNDARIES Exhibit "A" of Section Two of Collier County Ordinance No. 2006 -60 is hereby amended to increase the geographic boundary of the MSTU: See attached amended Exhibit "A" which is incorporated herein by reference. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 1 Words Underlined are added; Words ° .uc'n TT hfettg a are deleted. S 17H SECTION FOUR: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this -� T{) day of V n/e 2008. ATTjE T: DwlgpT,F. BROCK, CLERK as to' Wqr, Vepjtty Clerk re oelN 7// Approved as to form and legal sufficiency: 1 .1 A ( to Heidi Ashton -Cicko Assistant County Attorney h :HrAAOrdAAmendHaldemanCreekMSTU BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOMIRtWING, tHAIRMAN 2 Words Underlined are added; Words Sttedek-T-kteugh are deleted. 17H Amended Exhibit "A" The Haldeman Creek Dredflina Municipal Service Taxing Unit LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTIONS 11,12,13 & 14, TOWNSHIP 50S, RANGE 25E, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, BEING THE NORTH EAST CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST; WHICH IS ALSO THE NORTH EAST CORNER OF LOT 118 OF THE NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No.2 AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE S.89 022'57 "E. FOR 333.43 FEET; TO A POINT ON THE WEST LINE OF TRACT B, COURTHOUSE SHADOWS AS RECORDED IN PLAT BOOK 29, PAGE 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND CONTINUING ALONG THE SAID PLATLINES FOR THE NEXT (8) CALLS, (1) THENCE N.00 °23'57 "E. FOR 11.05 FEET; (2) THENCE N.51 °36'02 "E. FOR 309.05 FEET; (3) THENCE N.64 °13'11 "E. FOR 80.05 FEET; (4) THENCE S.51 °36'02 "W. FOR 5.00 FEET; (5) THENCE S.38 °23'58 "E. FOR 404.47 FEET; (6) THENCE N.51 °36'02 "E. FOR 98.00 FEET; TO A POINT ON THE WESTERLY RIGHT -OF -WAY OF U.S. 41, (7) THENCE ALONG SAID RIGHT -OF -WAY, S.38 °23'58 "E. FOR 128.47 FEET; TO A POINT LYING ON THE NORTH SIDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (8) THENCE CONTINUING ALONG SAID RIGHT -OF -WAY OF U.S. 41, S.38 °23'36 "E. FOR 190.55 FEET; TO A POINT LYING ON THE SOUTH SIDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE CONTINUING ALONG SAID RIGHT -OF -WAY OF U.S. 41, S.38 °23'36 "E. FOR 59.24 FEET; THENCE LEAVING SAID RIGHT -OF -WAY, S.50 049'31 "W. FOR 131.60 FEET; THENCE N.89 035'01 "W. FOR 353.34 FEET, THENCE S.00 000'20 "E. FOR 60.00 FEET; THENCE N.89 041'20 "W. FOR 420.00 FEET; THENCE N.87 026'59 "W. FOR 22.00 FEET; THENCE N.89 056'20 "W. FOR 135.00 FEET; TO A POINT ON THE EAST RIGHT -OF -WAY OF DOMINION DRIVE, THENCE N.00 003'40 "E. FOR 128.12 FEET; THENCE S.89 036'10 "W. FOR 59.99 FEET; TO A POINT ON THE WEST RIGHT -OF -WAY OF DOMINION DRIVE, THENCE ALONG SAID RIGHT -OF -WAY, S.00 003'40 "W. FOR 474.69 FEET; THENCE S.89 052'50 "W. FOR 294.56 FEET; ALONG THE NORTH RIGHT -OF -WAY OF ARECA AVE. AS DESCRIBED IN SUBDIVISION OF BLOCK F, SABAL SHORES AS RECORDED IN PLAT BOOK 4, PAGE 40 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE CONTINUING ALONG SAID RIGHT -OF -WAY S.89 052'50 "W. FOR 350.00 FEET; THENCE N.00 000'00 "E. FOR 351.01 FEET; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 41.90 FEET, ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 39.83 FEET, THROUGH A CENTRAL ANGLE OF 60 016'34" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29 055'35 "E. FOR 40.00 FEET, TO; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 42.08 FEET, ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 40.17 FEET, THROUGH A CENTRAL ANGLE OF 60 001'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29 055'35 "E. FOR 40.18 FEET, TO ; THENCE S.89 052'50 "W. FOR 100.00 FEET; THENCE S.00 000'00 "E. FOR 89.89 FEET; THENCE S.89 051'30 "W. FOR 700.00 FEET; TO A POINT ON THE EASTERLY RIGHT -OF- WAY OF BAYSHORE DRIVE, Words Underlined are added; Words Strnek Thfaugh are deleted. 17H 41 THENCE CONTINUE S.89 051'30 "W. FOR 100.00 FEET; TO A POINT ON THE WESTERLY RIGHT -OF -WAY OF BAYSHORE DRIVE, THENCE ALONG SAID RIGHT -OF -WAY, S.00 °00'00 "E. FOR 469.63 FEET; TO A POINT OF CURVATURE; THENCE LEAVING SAID RIGHT -OF -WAY, SOUTHWESTERLY 39.20 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89 050'27" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44055'1 3"W. FOR 35.31 FEET, TO A POINT ON THE NORTH RIGHT -OF -WAY OF LAKEVIEW DRIVE AS SHOWN IN GULF SHORES SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.; THENCE S.89 050'27 "W. FOR 1,215.98 FEET; THENCE S.55 035'14 "W. FOR 60.57 FEET, THENCE S.89 035'14 "W. FOR 325.71 FEET; TO A POINT LYING ON THE EAST BOUNDARY OF TRACT B, OF WINDSTAR SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 12- 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND CONTINUING ALONG SAID PLATLINE FOR THE NEXT (3) CALLS; (1) THENCE N.00 °13'07 "W. FOR 132.86 FEET; (2) THENCE S.89 °35'11 "E. FOR 30.47 FEET; (3) THENCE N.00 °13'07 "W. FOR 1,335.47 FEET; THENCE LEAVING SAID PLATLINE, S.82 000'10 "W. FOR 156.35 FEET; ALONG THE EASTERLY LINE OF A PARCEL OF LAND AS DESCRIBED IN OR BOOK 2754, PAGE 2850 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOR THE NEXT (42) CALLS, (1) THENCE S.76 °41'21 "W. FOR 164.00 FEET; (2) THENCE S.22 °49'49 "W. FOR 61.06 FEET; (3) THENCE S.50 °27'04 "W. FOR 101.55 FEET; (4) THENCE S.58 °51'50 "W. FOR 56.28 FEET, (5) THENCE N.84 °40'34 "W. FOR 72.34 FEET; (6) THENCE S.76 °07'47 "W. FOR 113.00 FEET; (7) THENCE S.54 °05'36 "W. FOR 90.85 FEET; (8) THENCE S.25 °09'38 "W. FOR 25.65 FEET; (9) THENCE S.17 °03'56 "W. FOR 23.41 FEET; (10) THENCE S.11 °01'23 "E. FOR 55.54 FEET; (11) THENCE S.04 °20'38 "W. FOR 94.75 FEET, (12) THENCE S.32 °14'25 "W. FOR 159.05 FEET; (13) THENCE S.07 °38'14 "E. FOR 34.43 FEET; (14) THENCE S.35 °32'27 "E. FOR 94.54 FEET; (15) THENCE S.03 °16'57 "W. FOR 292.24 FEET; (16) THENCE S.42 °37'09 "W. FOR 111.02 FEET; (17) THENCE S.20 °33'59 "W. FOR 99.26 FEET; (18) THENCE S.21 °22'23 "W. FOR 71.83 FEET; (19) THENCE S.52 °12'31 "W. FOR 408.66 FEET; (20) THENCE S.62 °28'18 "W. FOR 230.33 FEET; (21) THENCE S.30 °40'44 "W. FOR 192.53 FEET; (22) THENCE S.17 °19'34 "W. FOR 219.43 FEET; (23) THENCE S.44 °20'44 "W. FOR 94.89 FEET; (24) THENCE S.58 °45'28 "W. FOR 215.33 FEET; (25) THENCE S.05 °21'48 "W. FOR 42.63 FEET; (26) THENCE S.06 °59'10 "W. FOR 376.44 FEET; (27) THENCE S.52 °38'49 "W. FOR 245.54 FEET; (28) THENCE S.87 °24'12 "W. FOR 105.57 FEET; (29) THENCE S.50 °11'00 "W. FOR 11.53 FEET; (30) THENCE S.11 °39'26 "E. FOR 79.74 FEET; (31) THENCE N.67 033'55 "E. FOR 13.98 FEET; (32) THENCE S.21 °04'35 "E. FOR 104.77 FEET; (33) THENCE S.70 °16'20 "E. FOR 48.32 FEET; (34) THENCE N.79 °53'45 "E. FOR 98.25 FEET; (35) THENCE N.59 °11'08 "E. FOR 124.42 FEET; (36) THENCE S.59 °51'49 "E. FOR 22.11 FEET; (37) THENCE S.06 °34'37 "W. FOR 208.89 FEET; (38) THENCE S.61 °36'29 "W. FOR 112.07 FEET; (39) THENCE S.89 °30'13 "W. FOR 119.20 FEET; (40) THENCE S.51 °13'33 "W. FOR 86.86 FEET; (41) THENCE S.35 °33'53 "W. FOR 84.64 FEET; (42) THENCE S.43 °47'56 "W. FOR 135.55 FEET; TO A POINT ON THE WEST LINE OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, ALSO BEIN THE WEST LINE OF TRACT B OF WINDSTAR SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 12 -15 Words Underlined are added; Words Stfuek Thfeu are deleted. I? H �40 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.00 012'53 "W. FOR 203.32 FEET; THENCE N.00 009'12 "W. FOR 643.41 FEET; THENCE CONTINUE N.00 009'12 "W. FOR 1,391.07 FEET; THENCE LEAVING SAID SECTION LINE AND WESTERLY LINE OF SAID TRACT B, N.14 045'47 "E. FOR 199.17 FEET; THENCE N.00006'21 "E. FOR 427.72 FEET; TO THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN OR BOOK 3001, PAGE 2697 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.00 043'42 "W. FOR 1,295.38 FEET; TO A POINT ON THE SOUTH RIGHT -OF -WAY OF MARLIN DRIVE, THENCE ALONG SAID RIGHT -OF -WAY, N.89 031'33 "E. FOR 1,305.55 FEET; TO A POINT ON THE EAST RIGHT -OF -WAY OF PALM STREET THE POINT ALSO BEING ON THE WEST LINE OF NAPLES LAND YACHT HARBOR, A PARCEL OF LAND DESCRIBED IN OR BOOK 714, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE ALONG SAID WEST BOUNDARY LINE, N.00 °38'25 "W. FOR 1,374.49 FEET; TO THE NORTHWEST CORNER OF SAID NAPLES LAND YACHT HARBOR, THENCE ALONG SAID NORTH BOUNDARY LINE, N.89 033'52 "E. FOR 1,247.66 FEET; TO THE NORTHEAST CORNER OF SAID NAPLES LAND YACHT HARBOR. THENCE ALONG THE EAST LINE OF NAPLES LAND YACHT HARBOR, S.00 033'08 "E. FOR 616.83 FEET; THENCE S.89 032'43 "W. FOR 623.36 FEET; THENCE S.00 035'47 "E. FOR 166.00 FEET; THENCE LEAVING THE BOUNDARY OF NAPLES LAND YACHT HARBOR, N.89 °32'43 "E. FOR 150.81 FEET; THENCE S.00 035'07 "E. FOR 100.00 FEET; THENCE N.89 019'24 "E. FOR 159.27 FEET; TO THE WEST RIGHT -OF -WAY LINE OF ARBUTUS DRIVE, THENCE S.00 035'47 "E. FOR 992. 99783.37 FEET; THFISIGE C 77050'05 "W FOR 055 Pi-FEE-T-, THENCE nI 00025'47 "W FOR 994.00 FEET; THENGF C 89004'12 "2Ni POR 20.00 EEET; THENCE AI 00045'47 "W FOR 50 05 FEET; THENCE C 00015'47 "C FOR 1,086.59 FEET ' THEAIGE AI 7705025 "E FOR 984 20 FEET THEAIGE AI 00000AXE FOR 411 01 EEET' THENCE N.89 020'03 "E. FOR 340.51 FEET: THENCE S.00 040'49 "E. FOR 37.20 FEET: THENCE N.89 025'10 "E. FOR 19.80 FEET: THENCE N.00 001'54 "E. FOR 1.52 FEET:TO A POINT BEING THE NORTHWEST CORNER OF LOT 37, DEMERE LANDING SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A POINT ALSO BEING ON THE SOUTH RIGHT -OF -WAY LINE OF BECCA AVENUE, THENCE S.89 059'03 "E. FOR 297.97 FEET; ALONG SAID RIGHT -OF -WAY LINE, THENCE LEAVING SAID RIGHT -OF -WAY, S.00 006'52 "E. FOR 252.07 FEET; THENCE N.89 053'08 "E. FOR 60.00 FEET; THENCE N.00 006'52 "W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT -OF -WAY, S.89 059'03 "E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT -OF -WAY, S.00 006'52 "E. FOR 252.07 FEET; THENCE N.89 053'08 "E. FOR 60.00 FEET; THENCE N.00 006'52 "W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT -OF -WAY, S.89 059'03 "E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT -OF -WAY, S.00 006'52 "E. FOR 252.07 FEET; THENCE N.89 053'08 "E. FOR 60.00 FEET; THENCE N.00 006'52 "W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT -OF -WAY, S.89 059'03 "E. FOR 270.00 FEET; TO A POINT ALSO ON THE WEST RIGHT -OF -WAY OF BAYSHORE DRIVE, THENCE S.37 024'59 "E. FOR 165.01 FEET; TO A POINT ON THE EAST RIGHT -OF -WAY OF BAYSHORE DRIVE. ALSO BEING THE NORTHWEST CORNER OF LOT 121 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No. 2, AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Words Underlined are added; Words c.n. are deleted. 17H THENCE N.89 053'08 "E. FOR 193.85 FEET; TO A POINT ON THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN OR BOOK 2983, PAGE 379 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND WILL CONTINUE TO RUN ALONG SAID BOUNDARY FOR THE NEXT (19) CALLS, (1) THENCE N.00 °06'52 "W. FOR 799.75 FEET; (2) THENCE N.89 °57'01 "E. FOR 44.86 FEET; (3) THENCE N.00 °06'20 "W. FOR 10.38 FEET; (4) THENCE S.64 °07'22 "E. FOR 45.88 FEET; (5) THENCE N.38 °09'22 "E. FOR 205.26 FEET; TO THE WESTERLY RIGHT -OF -WAY OF U.S.41, (6) THENCE ALONG SAID RIGHT -OF -WAY, S.51 °50'39 "E. FOR 115.49 FEET; (7) THENCE LEAVING SAID RIGHT -OF -WAY, S.38 °09'32 "W. FOR 190.01 FEET; (8) THENCE S.51 °50'42 "E. FOR 89.71 FEET; (9) THENCE S.00 °53'09 "E. FOR 220.16 FEET; (10) THENCE N.88 °53'51 "E. FOR 147.79 FEET; (11) THENCE N.01 °06'06 "W. FOR 100.00 FEET; (12) THENCE S.51 050'11 "E. FOR 10.78 FEET; (13) THENCE N.01 °06'09 "W. FOR 245.43 FEET; TO THE WESTERLY RIGHT- OF -WAY OF U.S.41, (14) THENCE ALONG SAID RIGHT -OF -WAY, S.51 °50'34 "E. FOR 15.05 FEET; (15) THENCE LEAVING SAID RIGHT -OF -WAY, S.00 °42'52 "E. FOR 653.02 FEET; (16) THENCE S.89-58'1 7W. FOR 4.98 FEET; (17) THENCE S.00 °42'52 "E. FOR 291.22 FEET; (18) THENCE N.89 °55'57 "W. FOR 9.98 FEET; (19) THENCE S.00 °42'55 "E. FOR 672.72 FEET; THENCE N.89 049'00 "E. FOR 145.13 FEET; THENCE S.00 019'20 "E. FOR 30.00 FEET, THENCE N.89 049'00 "E. FOR 450.63 FEET; THENCE N.00 019'20 "W. FOR 30.00 FEET; THENCE N.89 049'00 "E. FOR 77.13 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 11,822,890 41,678;801 SQUARE FEET OR 271.416 268.1 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE CENTERLINE OF GULFVIEW DRIVE, WHICH LIES IN THE GULF SHORES SUBDIVISION, PLAT BOOK 4, PAGE 50 AS BEEING EAST. 6 Words Underlined are added; Words $tFuek Thfo tgk are deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008 -33 Which was adopted by the Board of County Commissioners on the 24th day of June, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of June, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Bp4 0 ,jofo County Commis, oners' '',, r By: Martha Vet'APr Deputy Cl r 17H