CCPC Backup 01/20/2009 S
CCPC
BACKUP
DOCUMENTS
REVIEWING THE
POTABLEW ATER SUB-ELEMENT/
PUBLIC FACILITIES ELEMENT
CAPITAL IMPROVEMENT ELEMENT OF
THE GROWTH MANAGEMENT PLAN
JANUARY 20, 2009
[CONTINUATION OF THE
JANUARY 16, 2009 CIE MEETING]
r -...
,
.
Capital Improvement Element
Of the Collier County Growth Management Plan
CCPC Adoption Version 2.2, prepared for January] 6, 2009
---,--_._._-
__.._~__.w~
.~ -"
._..~- -~--.,-
,."--.--..-"......
<.
:.ounty
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
COMPREHENSIVE PLANNING DEPARTMENT
HEARING DATE:
JANUARY 16, 2009
REVIEW OF PROPOSED AMENDMENTS TO THE CAPITAL
IMPROVEMENT ELEMENT OF THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED; AND,
RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS.
(ADOPTION HEARING)
SUBJECT:
BACKGROUND
Chapter 163, Part II, Florida Statutes, also known as the Local Government Comprehensive Planning
Act, requires all local governments within the State of Florida to maintain comprehensive planning
programs based upon an adopted local government comprehensive plan. As part of this process, the
local government must monitor changing conditions and must use this information to guide periodic
amendments to the local comprehensive plan alkla Growth Management Plan (GMP). More
specifically, Section 163.3177(3)(b)(1), F.S., requires that the County's Capital Improvement Element
(CIE) be reviewed on an annual basis in order to maintain a financially feasible 5-year Schedule of
Capital Improvements. An amendment to the comprehensive plan is required to update the schedule
on an annual basis, or to eliminate, defer or delay construction of any facility listed in the 5-year
Schedule.
The amendment process, which is to occur every year, as described in Section 163.3177(3)(b)(1),
F.S., must occur this calendar year as the County, based on decreased demand on capital
infrastructure and facilities, is proposing to delay and in some situations eliminate proposed
infrastructure and facilities in the adopted 5-year Schedule of Capital Improvements. Pursuant to
Section 163.3177(3)(b)(2), F.S., amendment to the Capital Improvement Element requires only a
single public hearing before the governing board (BCC) as an adoption hearing. However, in keeping
with the BCC's standing policy direction regarding GMP amendments, a second public hearing was
scheduled for the Planning Commission (CCPC).
Collier County's CIE was adopted as part of the Growth Management Plan in 1989. Subsequent
amendments were adopted regularly until 2003, when EAR-based amendments were taken into
consideration. An Evaluation and Appraisal Report (EAR) was adopted on July 27, 2004 and EAR-
based GMP amendments were originally adopted January 25,2007 by Ordinance No. 2007- 07.
The Florida Department of Community Affairs (DCA), which has oversight for comprehensive plans,
GMP amendments, and EARs for all local governments, issued a Notice of Intent to find Collier
County's most recent EAR-based CIE amendments not in compliance. In response, the County
entered into a settlement agreement to resolve these noncompliance issues in 2007.
Words under!i~~ are added; words ~ are deleted.
- 1 -
- - ..-.. -----"---'-'--" -.",,'---
"..._~-
- " ~.,
Amendments were made to the Capital Improvement Element as an outcome from the 2007 Partial
Stipulated Settlement Agreement between Collier County, Petitioners-in-Intervention, and the Florida
Department of Community Affairs, which were then approved by the Board of County Commissioners
on December 11, 2007. These amendments to the CIE were adopted January 29, 2008 by Ordinance
2008-04, and are denoted by "(VIII)" in the document's margins. As a result of the Department of
Community Affairs' objections to the 2006 EAR-based CIE amendments and the Stipulated Settlement
Agreement finally entered into in January 2008, it was not possible to incorporate the 2007 Annual
Update and Inventory Report (AUIR) into a 2008 CIE update as it would have followed immediately
thereafter and resulted with immediate conflicts in data and analysis. The decision to wait until the
2008 AUIR to prepare the next financially feasible CIE was a decision ratified by the Board of County
Commissioners.
As it happens, the January 2008 CIE's Schedule of Capital Improvements covered the 5-year
planning period for the fiscal years 2007 through 2011. Two years, not one, have passed since the
preparation of previous CIE amendments commenced. The presently recommended CIE's Schedule
of Capital Improvements covers the 5-year planning period for the fiscal years 2009 through 2013,
and follows the 2008 AUIR adopted by the Board of County Commissioners.
Amendments to the Capital Improvement Elernent recommended herein result from the adoption of
the 2008 Annual Update and Inventory Report (AUIR) by the Board of County Commissioners on
November 3, 2008, edits madelrecommended by the County Attorney's Office review, additional staff
analysis, and in some situations either cornbing or truncating projects based on major fluctuations in
annual population projections and uncertain demand.
Amendments were also made to the Capital Improvement Element edition adopted January 29, 2008
derived from the preparation and adoption of the companion Public School Facilities Element _
adopted October 14, 2008 by Ordinance No. 2008-55, and are denoted by "(IX)" in the document's
margins. The amendments remain highlighted in these CIE materials, to reflect their relatively recent
adoption and the fact that their formal effective date falls after the CCPC considers these
recommendations but before the BCC holds its adoption hearing.
STAFF ANALYSIS
Growth/population estimates & projections have been falling since the issuance of the 2006 BEBR
population projections, and were taken into account in the preparation of the County's Annual Update
and Inventory Report (AUIR) and the erE. The effects of these decreases have impacted the demand
for public facilities and infrastructure with a corresponding reduction in the expenditure of revenues for
them throughout the County. They are discussed generally herein and specific exarnples are included
below.
One of the rnore illustrative indicators is the traffic counts on County roads. The 2008 AUIR includes
peak hour trip count logs in Attachment F, observations in Attachment B and mapped data in
Attachment C of the County Roads section of the AUrR (pp. 15-22) illustrating an overall decline in
peak hour directional volume from 2007. Traffic volume decreased an average of 10% from the peak
hour trip counts reported the prior year. More than 20% of counting stations showed a decrease of
greater than 10%. At count stations located at points along Golden Gate Boulevard, for example, first
quarter 2008 counts were down 13.4 to 14.9% from the prior year; second quarter counts reflected a
decline of 4.9 to 11.4% from the prior year. Second- and third-quarter 2008 traffic declined another 12
to 13 % from the first counts taken in 2008.
Words jJngel1ined are added; words stFl:iok-tnrougll are deleted.
-2-
.." .......",_.......0...",....,..".
Another indicator exemplifying population decreases is the students enrolled, or membership counts,
in County schools. The Collier County School District membership reports frorn 2005 to 2008 provide
the student counts in public schools, which illustrate a downward trend.
.:. October 2005 counts report a total of 43,296 students attended County-wide. 21,002 children
were enrolled in elernentary schools, with 9,428 in middle schools, and 12,866 in high schools.
.:. October 2008 counts report a total of 42,697 students attended County-wide. 20,581 children
enrolled in elementary schools, with 9,516 in middle schools, and 12,600 in high schools. .
Certain schools reported declines of 13 to more than 19 percent.
Reduced traffic demand and school enrollment are symptomatic of an out-migrating populace and
workforce, as well as foreclosures and speculators not closing on pre-sold residential units. This
allows for a reduction in public expenditures devoted to capacity improvements, correlated with a
reduction in capital project activity in the CIE Schedule of Capital Improvements.
The amendments that are the subject of this staff report are limited in scope primarily to those
recommended in the AUIR.
As adopted in the AUIR, the County has revised certain levels of service standards (LOSS), as
follows:
. The LOSS for County Regional Park facilities decreased from 2.9412 acres per 1,000
population in FY 07 to 2.9 acres per 1,000 in FY 08; and, the LOSS for County Community
Park facilities decreased from 1.2882 acres per 1,000 population in FY 07 to 1.2 acres per
1,000 in FY 08.
All Community Park Land and Regional Park Land transactions are being facilitated through
interdepartmental transfers exchanging land holdings for park lands, or using another method
not involving expenditure of capital funds. One example is the 47 acre Randall Curve
interdepartmental transfer in exchange for regional park land at Big Corkscrew Island Regional
Park. These transactions represent changes to the value of land holdings only.
. The LOSS for County Water facilities decreased frorn 185 gallons per capita per day (gpcd) in
FY 07 to 170 gpcd in FY 08 in accordance with the 2008 Water Master Plan, approved by the
BCC on June 24, 2008.
The LOSS change and projected decrease in population growth reported in the AUIR have led
to the existing potable water plants being able to rnaintain reliability longer without plant
expansions or new plant construction. The following changes were rnade to match the June
11, 2008 population projections and resulting water demands:
. NERWTP: Changed new 8.75 MGD plant construction in FY 14 to new 7.5 MGD
plant construction in FY 18; Changed 6.0 MGD expansion in FY 23 to FY 26
. SERWTP: Changed new 8.0 MGD plant construction in FY 17 to new 6.0 MGD
plant construction in FY 22
The following changes were made to new potable water plant constructed capacity schedule:
* SCRWTP: Changed 8.0 MGD expansion in FY 07 and 4.0 MGD in FY 08 to 12.0
MGD in FY 08 to match new SCRWTP wellfield delivery schedule
* NCRWTP: Changed 2.0 MGD high pressure RO expansion in FY 11 to FY 12 to
rnatch the 2008 Water Master Plan
Words ynderlined are added; words ~ are deleted.
-3-
~, -----> -.~-
--"- .-------
,
,
. The LOSS at the North County Water Reclamation Facility (NCWRF) decreased from 145
gallons per capita per day (gpcd) in FY 07 to 120 gpcd in FY 08 in accordance with the 2008
Wastewater Master Plan, approved by the BCC on June 24, 2008.
The LOSS change and projected decrease in population growth reported in the AUIR have led
to the existing wastewater treatrnent plants being able to maintain reliability longer without
plant expansions or new plant construction. The following changes were made to match the
June 11, 2008 population projections and resulting water demands:
. NCWRF: Deleted 6.5 MGD expansion in FY 15
. NEWRF: Changed 4.0 MGD plant construction in FY 15 to FY 18
* SEWRF: Changed 4.0 MGD plant construction in FY 17 to FY 18; Changed
2.0 MGD expansion in FY 22 to FY 24; Deleted 2.0 MGD expansion in FY 26
As a result of the adoption of revised aforementioned levels of service standards, the County is
provided with a new baseline, or starting inventory, for re-establishing a capital irnprovement planning
program for these facilities.
Though not necessarily recornmended by the AUIR, general updating and word-smithing
("housecleaning") amendments are allowed as part of this amendment process; these include
updating ordinance numbers, including listings previously absent and only referenced as being
identified in other Sub-Elements, referencing new (2008) Master Plans or other studies,
revising/correcting government agency names or Statutory cites, word-smithing and reformatting, etc
Furthermore, additional data and analysis supporting the proposed changes are required by Florida
Statutes and Florida Adrninistrative Code for review by the Florida Department of Community Affairs.
The data and analysis are in the form of support documentation and not incorporated into the CIE.
The economic realities that impacted development and growth during the last two years have
demanded adjustments in planning and growth rnanagement that may have not been experienced
before. This is the first tirne our Capital Irnprovement program requires us to deal with falling
population projections, declining school enrollrnent, an out-migrating populace and workforce, and
diminishing demand on capital infrastructure and services. The affects of these new realities can be
seen in nearly every planned public project and capital improvement. Our levels of service can be
maintained longer than previously projected, or can be achieved at later dates where projects were
scheduled to address deficiencies. An indirect effect of decreasing demand for new facilities and
services are revenues associated with new development. Until new development occurs, the demand
for new capital infrastructure, services, and associated revenue will rernain stagnant as demand and
anticipated revenue are inextricably intertwined.
Finally, other factors attributable to the economy that warrant consideration are changes apparent in
the day-to-day practices of the residents, workers and visitors in Collier County. People are
conserving more and consuming less, extending the life of existing facilities and forestalling the need
for new facilities.
Numerous County personnel collaborated extensively with Comprehensive Planning staff in preparing
this edition of the CIE - including Transportation Planning, Slormwater Management, Public Facilities
(Parks & Recreation), Public Utilities (Potable Water, Wastewater & Solid Waste) and the Office of
Management and Budget. Division Administrators for each of these areas have reviewed and
approved the content of the proposed CIE arnendrnents as submitted to the CCPC.
Words ~ are added; words ~ are deleted.
-4-
'__~._n~"_'_~,.,_,_~"_",' __~" '
~OTE: CIF Items appearing In BR](;!-I'I' (;Rl':!-:N PRINT draw attenllon to entries from the Seeond
ZOOS UE, which included "Public School bedines" provi,,,,ns, adopred October ]4. ZOOS by the BCLI
[NOTE: C1E Items appearing in RED PRINT draw attention to the ALTIR-based amendments, including
revised adopted levels of service (LOS); staff suggested revisions including minor edits throughout,
modifying Objectives to read like oq;tditltS and Policies to read like policieJ-, removing asterisked notes that are
now outdated, updating terminology to add "wastewater tIcatlllent" to sanitary sewer entries; and other
modifications, as noted throughout.]
Words underlined, 819 added; words stA:lGk-tRrOI:tQR are deleted.
- 5-
...--.
-'-"-"-
. -,-~_. ....
Notice of ChangelWithdrawal
DEPARTMENT OF COMMUNITY AFFAIRS
Division of Communitv Plan nine
RULE NO: RULE TITLE
9J-5.026: Rural Land Stewardship Area (RSLA)
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in
accordance with subparagraph] 20.54(3)(d)]., F.S., published in Vol. 34 No. 42, October
]7,2008 issue of the Florida Administrative Weekly.
9J-5.026 Rura] Land Stewardship Area (RLSA).
(I) Purpose of the RLSA Planning Process. The RLSA is an enhanced rural planning
process which counties may elect to use. The paramount purpose of the planning process
is to further the statutory principles of rural sustainability through innovative and flexible
planning strategies and incentives. The planning process uses stewardship planning to
encourage landowners to pennanently conserve agricultural lands, and ecosystems,
habitats, and natural resources in return for appropriate development rights on a limited
portion of other lands suitable for development within the RLSA. The fllaBniHg flreeess is
not an entitlemeHt \ ehiele fer l:IrBEln ee" elepments of sHe8 size t8at they even. helm the
rurElI ar agriel:llturElI eRaraeter sf tRe ares.
(2) Purpose of the RLSA Rule. The purpose of this section is to establish rules for
designating a RLSA. It specifies the substantive compliance requirements for RLSA plan
amendments and explains how the Department will determine the compliance of a RLSA
plan amendment as required by Chapter 163, Part II, F.S. These rules establish minimum
criteria which may be exceeded by local governments.
(3) Adoption of a RLSA Plan Amendment. A county, or counties in the case of a multi-
county RLSA, may adopt a RLSA plan amendment(s) after giving notification to and
receiving the authorization of the Department. Chapter 9J-11, F.A.C., establishes the
specific procedures and requirements for the le€ai notification bv local government, the
Department's authorization, and the adoption of a plan amendment designating a RLSA.
(4) Definitions.
(a) "Designated Receiving Area" means a delineated land area within an Eligible
Receiving Area within a RLSA to which stewardship credits can be transferred to
increase the density or intensity of a parcel.
(b) "Designated Sending Area" means an area within a RLSA that has been desillnated
as appropriate for conservation or alrricuitural use and assigned stewardship credits.
(e) "Eligible Receiving Area" means an area designated in the initial RLSA plan
amendment that delineates where "Designated Receiving Areas" can be subsequently
located.
(d) "Greenbelt" means a wide border of permanently undeveloped land that precludes the
expansion of development into the surrounding rural lands; provides a buffer to protect
the surrounding rural resources from development impacts; and separates the developed
area from other developed areas.
(e) "Rural Landscape" means the mosaic of agricultural and natural land covers which
may include rural settlements.
(f) "Stewardship credits" means development credits assigned to lands within a rural
lands stewardship area. These development credits do not constitute development rights
until they are transferred to parcels within Designated Receiving Areas for the sole
purpose of implementing the innovative planning and development strategies and creative
land use planning teclmiques established by the mrallands stewardship area plan.
(g) "Stewardship easement" means a covenant or restrictive easement running with the
land which records the use of stewardship credits and specifies the allowable uses and
development restrictions for the Desi,mated SendinQ: Area limits f\iture de':elsJ:lFAeftt. The
stewardship easement must be jointly held by the county and either the Department of
Environmental Protection, Department of Agriculture and Consumer Services, a water
management district, or a recognized statewide land trust.
(5) Threshold Eligibility Requirements. To be eligible fer eeasiaeratisFl13y a EQUAt)" BR8
the DeflBrtmemt for designation as a RLSA, a proposed RLSA must meet the following
eligibility requirements:
(a) A RLSA may encompass land in one county or land in adjacent counties but shall not
include land within municipal or established urban growth boundaries as designated in
the local comprehensive planes);
(b) A RLSA must include a minimum of 10,000 acres of privately owned land that is not
already permanently protected through existing easements, covenants or other
restrictions; and
(c) A RLSA must consist of lands with a pre-existing future land use map designation of
agricultural, rural, open, open-rural, or an essentially similar land use designation.
(6) Mandatory Substantive Requirements. A RLSA plan amendment must satisfy the
substantive requirements for plan amendments in Chapter 163, Part 11, F.S. and Chapter
91-5, F.A.C., including the additional requirements established by Section SubseetisR
] 63.3177(11), F.S., and ]SFule 9J-5.026, F.A.C., for the designation of a RLSA.
(7) Rural Sustain ability. Rural suslainability is the paramount goal of a RLSA.
(a) A RLSA plan amendment must demonstrate that it will further the following statutory
principles afmral sustainability:
1. Restoration and maintenance of the economic value of rural land;
2. Control of urban sprawl;
3. Identification and protection of ecosystems, habitats, and natural resources;
4. Promotion of rural economic activity;
5. Maintenance of the viability of Florida's agricultural economy; and
6. Protection of the character of rural areas of Florida.
(b) Furthering the principles ofmral sustainability requires large-scale planning which
controls the amount, type, and location of development. A RLSA shall manifest the
following general landscape features which will vary based on local characteristics:
1. Land area(s) large enough to accommodate development on suitable lands while
conserving the overall rural character and the agricultural lands, and ecosystems, habitats,
and natural resources on the remaining lands;
2. A limited development footprint in order to protect the surrounding rural landscape
and agricultural lands, and ecosystems, habitats, and natural resources;
3. A limited number of Designated Receiving Areas to prevent urban sprawl and
unnecessary fragmentation of the rural landscape;
4. Designated Receiving Areas with compact shapes that avoid intrusions into the
surrounding rural landscape in the fonn of radial, strip, ribbon, or finger patterns;
5. Greenbelts surrounding Designated Receiving Areas to provide for a clear separation
between urban and rural uses except when the Designated Receiving Area is adjacent to
existing development or incorporated areas;
6. Designated Receiving Areas located only on land most suitable for development 9fl6
a'.~;ay ef effestively Bl:Ifferea Rem lBRElS FIlest suitable fer agriealmfe aRB flfltural reseliree
sSRseF/atisR; and
7. Designated Receiving Areas connected with each other and the remainder of the
RLSA and to areas outside of the RLSA using rural design principles and rural road
corridors with controlled access that are designed to prevent sprawl and minimize
impacts on ecosystems, habitats, and natural resources.
(c) The amount and type of development in a RLSA must also be designed to further the
principles ofmral sustainability. Therefore, development shall shetil6 be of the amount
and type that is sustainable and will support and sustain and not undermine the rural and
agricultural economies. A RLSA shall manifest the following general development
characteristics:
1. The total amount of development, particularly residential development, must be
limited and carefully controlled to be comoatible with Bveid iFRflaets tHat 'I.-ill s','er;\,flelm
the overall rural character of the RLSA and surrounding area including ar BElversely
~ agricultural activities, and ecosystems, habitats, and natural resources. The total
amount of development shall not exceed the amount calculated in accordance with
paragraphs (9)(c) and subDaragraoh (8)(c)2 fl-B\l>1.
2. Provision for agricultural-related uses, including fannworker housing, that will
support and sustain the rural and agricultural economies. These uses may be located in
Designated Receiving Areas, and in designated Agricultural Areas if sited on agricultural
lands suitable for development and in a manner that does not adversely affect agricultural
activities.
3. Rural villages, rural activity centers, and new towns shall be designed to:
a. E.provide for a compact, functional mix of land uses that serve living, working,
shopping, recreational, and civic needs;
b. E.provide energy efficient land use patterns that minimize vehicle miles travelled and
greenhouse gas emissions;
c. Mminimize the external impacts of the development;
d. Mmaximize the cost-efficient provision of public facilities and services; and
e. fprovide adequate workforce housing, including low, very low, and moderate income
housing.
(8) EJtistiHg CenditiaHs: Data and Analysis Requirements. The data and analysis
requirements that apply to all plan amendments also apply to RLSA amendments. This
subsection does not repeat those requirements, but some requirements are cross-
referenced for ease of use. This subsection establishes RLSA-specific data and analysis
requirements that are in addition to the requirements for all amendments. In order to
evaluate the existing conditions within the RLSA and how those conditions interrelate
with the surrounding regional context, the data and analysis must cover ~ local
conditions within the RLSA, the county or counties in which it is located, and the areas
surrounding the RLSA irrespective of county boundaries. The data and analysis shall
address:
(a) Existim! Conditions .\gricb1lt\:lre. Data and analysis of existinl! conditions nrovides
the necessarv foundation for develoninl! the RLSA Plan consistent with subsection 9J-
5.005(2) F.A.C.
1. Identify current eRa histerieal agricultural land uses, activities, and economic
conditions in the RLSA and surrounding area and include an existing conditions map of
current agricultural areas within and surrounding the RLSA.
2. Analyze the probable or projected future agricultural land uses aRa aetivities in the
area and the amount of land required to accommodate them.
3. Analyze the suitability of the land for eniSling aHd potential agricultural activities. The
analyses shall consider the effect on threats t8 agriculture from development and spatial
fragmentation.
1. IR\eRtery aRa e;sluate leesl, state, 8Ha feaeral agriel:lIhual programs te EletefffiiHe ROW
the RLS.^. Riay iFRflaet ar 8e impeeted by these pregFams.
(B) RHral Cham.ter aaa Eeeaemy.
~-h Identify and describe the existing, locally specific rural character of the RLSA and
surrounding area by analyzing its characteristics, including land use, development
patterns, and economic, social, cultural, historic, scenic, landscape, recreational, and
environmental elements.
2. Deseri8e aRa eflalyze the enistiflg mral BRa agrisl:lltural eeeRElffiY, inehlEliRg the types
ofeJdstiBg iR8.l:istries, empleyment, e](teflt afUfleffi}3loyment, analasel wer1:feree
faaraeteristies.
3. IByeRtSI)' aHa e':aluate leeal, state, and federal }3mgrams aearessiRg Ruet eeonomie
issbles sldeh as the R\:Iral Eeonemic Develoflment Initiative establisHes in SeetioR
288.Q~5~, F.S., iaelH~iag Be" the RLSA ma)' imract sr Be imraetea OJ these rrograms.
(€') E€'osystems, Habitats, aREI tJet\:lral ReSEll:ll'€es.
.i,-h Inventory and identify natural resources as required under Rules seetieRs 91-5.006
and 9J-5.013, F.A.C., including ecosystems, habitats, and natural resources existing
within and proximate to the RLSA. The inventory shall include important water recharge
areas and water supply sources; water bodies designated pursuant to Section 403.067,
F.S.; spring protection areas; and the Florida Greenways and Trails System as designated
pursuant to Chapter 260, F.8.
~~ Analyze geographic connections between RLSA resources and larger systems and
networks such as water systems, wildlife corridors, greenways, and trails.
LJ..: Analyze the potential threats to natural resources, including urbanization, economic,
biological, and spatial fragmentation.
~4:- Identify IH':eHter) and evaluate relevant local, state, and federal programs and
special land use designations such as publicly owned conservation lands, mitigation
banks, and environmental restoration efforts, including the Comprehensive Everglades
Restoration Plan (CERP), that may impact or be impacted by the RLSA.
(d) PetoAtiBI De'{elep",oAt aAd UrbaA EprU"{{].
;L-I-:- Analyze landscape and development conditions of the RLSA and surrounding rural
lands, such as the overall pattern of rural land uses and land covers, parcel size and
ownership patterns, recent historical trends regarding subdivision of land and transition to
residential uses, roadways, and other infrastructure that may affect RLSA development
and rural sustainability.
2. .'\R81)'2e Rev,' tke RLSA is liI:el)' 1El afrest tHe fumre aevele}3fF1eRt pattems Elf ather
Aifal ana agrieult1:lrallaH8.s iA the slirr0HRaiHg area, iffes}3eeti~:e sf eElliRfY 88l:lAdaries.
Dilfe:) Land Values Analysis for Stewardship Credit System. In evaluating agricultural
lands, and ecosystems, habitats, and natural resources, conduct a land values analysis for
use in assigning stewardship credits and for determining the most suitable locations for
Designated Receiving Areas. The analysis shall include and be based on the following:
1. All forms of rural resources including agricultural, environmental, local and regional
ecosystems, wildlife habitat, water resources, recreational, tourism, scenic, cultural, and
other rural amenities;
2. The broad landscape ecology, including geographic linkages and corridors; specially
designated areas such as natural reservations as defined in subsection 91-5.003(78),
FAC.. and the Florida Greenways and Trails System, including the Florida National
Scenic Trail identified in Chapter 260, F.S.; and appropriate buffer zones to mitigate
incompatibilities and enhance environmental and other values;
3. All existing permanent protection measures, both public and private, including land
use restrictions and conservation programs and an evaluation of whether these measures
reduce or increase the need for additional protection through the RLSA planning process;
4. Land development and other conversion threats whereby significant rural resources
under threat require more incentives via stewardship credits and less significant resources
require lesser incentives and may be more suitable for designation as receiving areas.
This includes the future threat of low-density sprawl on lands proximate to and
surrounding potential Designated Receiving Areas; and
5. Site specific natural resource evaluation criteria substantially similar to those used to
establish statewide geographic information systems by the Florida Natural Areas
Inventory, Florida Fish and Wildlife Conservation Commission, Florida Department of
Environmental Protection, and Water Management Districts; and available agricultural
data from the Florida Department of Agriculture and Consumer Services, and the United
States Department of Agriculture.
(c) RLSA Plan.
1. How the RLSA Plan will further the orincioles of rural sustainabilitv.
2. The maximum amount of allowable develooment in the RLSA.
3. The demonstration of need for the maximum amount of develooment pursuant to
paragraph (9)(c).
4. The stewardship credit system and how it will allow achievement of the RLSA Plan.
5. The suitability for develooment of land in the RLSA. including Eligible Receiving
Areas and potential sites for development in A2:riculturaI Areas.
6. The location and extent of ereenbelts. buffers. or setbacks needed to ensure a
separation of any urban and rural uses and to protect agricultural lands. and ecosystems
habitats. and natural resources.
7. An analysis of how the RLSA Plan is likely to affect future develooment patterns of
other rural and al!riculturallands in the surroundinQ' area. irresoective of county
boundaries. and control urban svrawl within and sUIToundinll the RLSA.
8. The amount of workforce housing. incllldinlllow. very-low. and moderate income
housing. needed for the development allowed in the RLSA and for persons workinl! in
aericlllture and other rural industries in the RLSA.
9. The rural desie:n standards and rural road corridor network that will be needed to serve
the RLSA.
10. Energy efficient land use patterns that minimize vehicle miles travelled and
greenhouse llas emissions.
(9) RLSA Plan Standards. The RLSA Plan shall satisty the following standards:
(a) Development and Design Standards.
1. The RLSA Plan must be consistent with the general landscape and development
characteristics set forth in paragraphs (7)(b) and (7)( c).
2. The maximum amount of allowable residential and non-residential development in the
RLSA shall not exceed the amount of development determined pursuant to paragraphs
(9)(c) and suboaragraoh (8)(c)2l+Bfbl.
3. All Hea agfisultural development enabled by the transfer of stewardship credits shall
be located in Designated Receiving Areas that will be established pursuant to oaraeraoh
(! 0)( e) and subsection (! ]) and which shall be are-located in Eligible Receiving Areas
designated in the comprehensive plan.
4. Development in AHy Designated Receiving Area~ eJlseeding 1,009 aeres shall meet
the definition of new town in subsection 9J-5.003(80), F.A.C.. or the definition of All
otHer de':eleJ:lffieflt shall Be desigaatea as a rural village or rural activity center wfti.efl
,hall meet the aeliRitioR set forth in subsection 9J-5.003(112), FAC., ana ,hall Rot
eJ(seeel,gg9 aeres iR size.
5. Significant ecosystems, habitats, and natural resource areas in the RLSA shall be
designated as Conservation Areas in which, after transfer of all stewardship credits,
development shall be prohibited by sending area stewardship easements. Conservation
Areas in which specified agricultural uses are allowed shall be clearly distinguished from
Conservation Areas in which no agriculturaIlIses are allowed.
6. All lands in the RLSA, except for Designated Receiving Areas and designated
Conservation Areas, shall be designated as Agricultural Areas in which, after transfer of
stewardship credits, development shall be prohibited by sending area stewardship
easements, except for agricultural-related uses as provided in subparagraph (7)(c)2.
7. Service area boundaries must be established for each Designated Receiving Area
which provide for a clear separation between it and other land uses in the RLSA through
limitations on the extension of services. Service areas shall provide for the cost-efficient
delivery of public facilities and services.
8. The innovative planning and development strategies to be used in Designated
Receiving Areas shall include a compact, functional mix of land uses; energy efficient
land use patterns; the internal capture of trips; and minimization of vehicle miles traveled
and greenhouse gas emissions.
(b) The Size of the Deve]opment Footprint. The RLSA plan amendment shall establish
:limit the size of the total development footprint, Le., the Designated Receiving Area(s).
l. The size of the total development footprint shall be based upon:
a. The size of the RLSA and the number of Designated Receiving Areas;
b. The percentage of the RLSA that will be permanently protected or preserved by
stewardship easements, the degree to which oermanentlv protected sending areas are
contiguous, and the degree to which oermanentlv protected sending areas establish an
effective greenbelt around the receiving areas;
c. The locational attributes of the development footprint, including whether it is located
adjacent to existing development or incorporated areas and will be otherwise surrounded
by greenbelts;
d. The extent and location of new infrastructure, including roadways, which will be
required to serve the Designated Receiving Areas;
e. The land use, design and development standards, such as the amount of residential
development, the degree of mixed use, compactness, jobs-housing balance,
internalization of impacts, pedestrian orientation, multi-modal transportation,
connectivity standards, and energy efficiency, that will be required in the Designated
Receiving Areas;
f. The extent to which potential urban sprawl is prevented by reducing or eliminating
permissible land uses and development intensities and densities in Agricultural and
Conservation areas outside of the Designated Receiving areas within the RLSA and in the
rural areas surrounding the RLSA; and
g. The impact of the development footprint on ecosystems, habitats, and natural
resources, including potential fragmentation of such resources.
2. In reviewing the size ofthe development footprint established in the RLSA plan
amendment, the Department shall determine that a total footprint that does not exceed 10
percent of the entire RLSA complies with this paragraph and subparagraph (7)(b )2., and
furthers the principles of rural sustainability. If the total development footprint is more
than 10 percent of the entire RLSA, the RLSA plan amendment must demonstrate that
the development footprint furthers the principles of mraI sustainability.
(c) Development Allocation Standards. Because tHe RLS.^~ PIeR J3rejects tHe l:Iltimate
laRs use J3attern. that ma) Oeel:lf be) eRa tHe long term f)IaBfliag fleries efthe
€SffiflreHeBsi':e flIeR, tHe The amount of allowable development in the RLSA Plan must
be based on the 25-vear or i!reater proiected population of the RLSA: flSf)HlatioB
J3rej elations for the RLS.^~ for the shElFt aRa ISRg term plaRRiBg rerioas sf the
comprehensive plan aRS [-€If the ultimate laRa ",,15e f)attern. The fl8J:mlation flrejeetion5
SHall ee eased 8A prof~ssienall) acceptaele metHods fer prejeetiAg grewtH iR fllral
geegf8.J3hie areas lil:e t.He RLS.^.. The metheelsleg) ffi.t1st t81(8 iBte aeSEH:\At the
requirement to achieve the statutory principles of rural sustainability; the population
projections and the allocations of development entitlements for the county as a whole; the
am8uBt Elf ele\'elspmeBt alls';:eEl BY tAe l:lfl.serlyiBg laRs Hses; and the anticipated effect of
the proposed RLSA and its proposed Receiving Areas, including any committed catalyst
projects, infrastructure imorovements. or other projects that would attract and support
development.
(d) Stewardship Credit System Standards. The RLSA plan amendment shall either
incorporate or require adoption by separate ordinance of a stewardship credit system and
methodology that complies with the following criteria:
I. Each credit shall represent a defined number of residential units per acre or a defined
amount of non-residential square footage per acre. The credit transferee may decide
whether to use the credit for a residential or non-residential use according to the plan of
development for the Designated Receiving Area.
2. The maximum number of credits for the entire RLSA shall be established and shall
equal the maximum amount of development allowed in the RLSA.
3. Credits shall be assigned to each acre ofland based on the land values analysis
required by paragraph (8)J.Q} tel in a manner designed to accomplish the purposes of the
RLSA Plan.
4. Credits for a Designated Sending Area shall be assigned at the time the sending area is
designated.
5. After assignment of credits to a Designated Sending Area, credits may be transferred
directly to a parcel within a Designated Receiving Area in order to increase development
entitlements or, at the option of the landowner and county, to a credit bank managed by
the county or to a third party. Banked or third party credits are reserved for future transfer
to a Designated Receiving Area.
6. At the time credits are transferred to a Designated Receiving Area, credit bank, or
third party, a stewardship easement or restrictive covenant must be imposed on the
Designated Sending Reeei':iHg Area and recorded in the public records of the county to
permanently prohibit development and to provide for conservation of ecosystems,
habitats and natural resources, and to permanently limit land uses on agricultural lands to
specified agricultural activities, including agricultural-related development. The easemeHt
Elr festrieti ,'e GSyeflant sAellae ifl fa\ af af tRe GeHRt)' aHa either tAe De)3aFtmeBt sf
Eft\ iremH.ental Pfsteetiea, the De}3eFl:H-lel'lt sf :\grie1::lItural BBeI CSBSUFl'Ier Ser:iees, a
v. ater mansgemeHt disa-i€t, Elf a reesgaizes statewide land tnJ.st.
7. The local government may require that the easement or restrictive covenant provide
for the appropriate management and monitoring of the resources to be protected and
enforcement mechanisms to ensure compliance with the terms, conditions and restrictions
established in the easement or covenant.
8. Upon transfer of credits, the underlying land uses are extinguished except for
agricultural-related uses that may be allowed in Agricultural or Conservation Areas
according to the provisions of the stewardship easement or restrictive covenant, which
may restrict the intensity of the agricultural-related uses to promote compatible
conservation uses.
9. To encourage the restoration, management, and maintenance of conservation lands
through conservation easements, credit bonuses may be allowed as determined by the
comprehensive plan. This bonus amount shall be included in the maximum number of
credits established for the entire RLSA and shall not increase the total amount of credits
and development allowed in the entire RlSA.
10. To encourage the early establishment of stewardship easements, credits that are
transferred to a credit bank or third party for future use may be increased by a bonus
amount as determined by the comprehensive plan. This bonus amount shall be included
in the maximum number of credits established for the entire RLSA and shall not increase
the total amount of credits and development allowed in the entire RLSA.
(10) Goals, Objectives, Policies and Map. The RLSA plan amendment shaU contain a
RLSA Plan consisting of goals, objectives, policies, and a map that set forth the
innovative planning and development strategies to be applied in the RLSA. The goal
statement(s) shall establish the long-term ends of the amendment to further the principles
of rural sustainability. Each goal shall contain objectives and policies which address how
the principles of rural sustainability and the standards specified in subsection (9) will be
achieved in the RLSA. The goals, objectives, policies and map shall address the
following:
(a) The conservation and protection of agricultural lands, and ecosystems, habitats, and
natural resources in the RLSA.
(b) The control of urban sprawl within and surrounding the RLSA.
(c) The planning period for the RLSA and the maximum amount of development allowed
in the RLSA.
(d) The criteria to be used in establishing the methodology for the stewardship credit
system. The methodology and stewardship credit system based on the criteria in the
RLSA Plan shall either be incorporated into the RLSA Plan or adopted by separate
ordinance.
(e) The process for establishing Designated Receiving Areas and Designated Sending
Areas. This shall include minimum standards for the application, review> and designation
of sending and receiving areas. This shall also include Iocational criteria and the
maximum cumulative size of Designated Receiving Areas within Eligible Receiving
Areas.
(I) The plan of development shall include innovative planning and development
strategies to be used in Designated Receiving Areas, including:
1. Aft compact, functional mix of land uses in rural villages, rural activity centers, and
new towns;
2. Itiming and phasing requirements necessary to achieve a functional mix; and
3.1~and use standards to be applied in Designated Receiving Areas including the
amount, type, density, intensity, composition, distribution, location, and design standards
of future uses and which specify that the increased densities and intensities can only be
enabled through the transfer of stewardship credits to parcels within the Designated
Receiving Area.
(g) A process that encourages visioning and public participation in the design of any
Designated Receiving Area.
(h) Adequate available workforce housing, including low, very-low, and moderate
income housing, for the development anticipated in the RLSA, including housing for
persons working in agriculture and other rural industries.
(i) Provision for businesses and industries which support and sustain the rural and
agricultural economy.
U) Compatibility standards and techniques, including greenbelts, buffers, setbacks, and
density and intensity gradations, to ensure a clear separation between urban and rural uses
and to provide adequate protection of designated Conservation and Agricultural areas.
(k) The protection, restoration and maintenance of designated Conservation Areas
through stewardship easements and other means.
(I) The existing and planned rural road system and the rural design principles to be used
in connecting the Designated Receiving Areas with each other and to areas outside of the
RLSA.
(m) Standards for the establishment of service areas.
(n) Inclusion of existing rural developments such as cross-roads communities and
partially built subdivisions as part of the overall plan to further rural sustainability,
including appropriate consideration of those areas as most suitable for Designated
Receiving Areas.
(0) Energy efficient land use patterns that minimize vehicle miles travelled and
greenhouse gas emissions.
(P) The RLSA Plan shall include a RLSA Plan map as an overlay which at a minimum
depicts the Eligible Receiving Areas; Conservation and Agricultural Areas; existing rural
road corridors; and the general location of planned rural road corridors. The map must be
consistent with and supported by data and analysis, and goals, objectives, and policies
submitted or adopted in accordance with this section.
(II) Data aHd f.Halj'sis. THe RLSf. plaH ameHdmeHt, iH.ladiHg tHe RLSJ'. PlaH, SHall be
easee 8R aRa. S1:lflfl8Fted by data aRe 8Ral)sis '1.hieR sesress the fello",',iag:
(a) Hey, tHe RLS~'\ PlaH will furtHer tHe priReiples efFUfal sustaiAabilitj'.
(b) THe ma"imam ameaRt ef alle',\ able de ,'elepmeRt iR the RLSA.
(e) The dSffi8RstratisR sfaeee f-er the ma1(iRHlffi Sffiel:lflt of de':eloJ3meRt purs1:lsat ta
parngrapH (9)(e).
(d) The stewardship .,edit 'j'stem aHd Hew it '",ill allew aeHieycmoHt efllie RLSA PlaH.
(e) TRe suitability f.sr Eleyelepment aflsne ia the RLS.A., iRel1:lsiag EligiBle Reeeiviag
.Aseas aRa J9steatiaI sites fer eeyela}3meRt ifl l.grieHltural :\reas.
(t) Identifieatioa ane eo, sluation of e](istiRg agrie1:llhlrallsBss, :lB8 e€0s)'stems, habitats,
and natural resourees. !ftlie entire RLS,^. eensists aftliese lanes, tAe data aaa analysis
sRel:lId icleatify tkese lands hayiRg the least agric1:llhiral sliitabilit:J' aad enviroaFReatal
~
(g) Jls',\' the )'lfspesea affi8unt of aIle'", aale ae.. eleprnent, especially resieential
ae\'ele13FF1eRt, will affeet agneulmrallands, ana ecssystems, kasitats, aRB Rarnral
ressurees.
(8) The lseatiea anet eJ(teRt of greeneelts, sHffers, or setl1ad~s neeaee! te eHS~lfe a
separation sf aH)' HrSBR. aRa mraluses BRa t8 pretest agrieulturallanas, aRa eees) stems,
haeitats, BRa natural reSOHfees.
0) The (DRtrel eflifBBR spfawl',vitfiiR Bna SI:lff8HRSiRg tfle PJ..8l~.
(j) The BffiSliHt sf \\,sf)(fs1ee RsusiBg, iaelusia.g 10':/, yery 10\\, BnalHsaerate iR6sffie
hessing, Heeded for the de\'elopmeHt alloy.'ea iH lhe RLU. aHd fur pefseH' ..'/erkiHg iH
Bgrie~tlrnre aRe etHer mral industries in the RLS'^L
(I() The fUral design stansaras and rural road €lorriesr nep/:Brl: tHat '.viII ee Reeaee ts
sar:s the RLS,'\.
(1) Service areas fer DesigRBtea Reeeh iAg ,^sees.
(m) TRe geBeral teFmS sftI:l.e eSAser:atise BREI ste'::sfElskif:1 easem.ents aRe restrictive
6Syeflsnts tRst are pfBJ3Sssa to 13e litilizeEl. fer tke CSRseF\'stisR sHa :\.gri6\:lltufal ,^sees.
(8) Energy efasieRt lan() \:lse patterns that minimize vBhide miles travellea BRe
gresnhsl:lse gas ernissiens.
LlDtR1 Timing of Demonstration of Need, the Plan of Development, and Financial
Feasibility. In order to orovide flexibility. the +he local government shall utilize one of
the following options in addressing the issues of need, plan of development, and financial
feasibility in a RLSA plan amendment:
(a) Option One: Conventional Plan Amendment Option. The initial RLSA plan
amendment must include the following:
1. A demonstration of need for the maximum amount of development allowed for the
long-term planning period for the entire RLSA <is detcnnined in accordance wilh
paragraphs (9)(c) and subnaragraph (8)(c)3 fI-l1f€). A demonstration of residential land
use need is not required if the maximum amount of residential development for the RLSA
does not exceed the cumulative amount of residential development allowed by the
underlying land uses within the RLSA as established in the pre-existing comprehensive
plan. If this limit is chosen, the analysis must demonstrate, using professionally accepted
methods, that the amount of non-residential land uses is sufficient to meet the daily and
work needs of the projected population and employment, which will vary based on
location, proximity to other development, and the size of the planned development.
2. A financially feasible 5- Year schedule of capital improvements for any development
that will occur in the first five years and a long ternl capital improvement plan for the
entire RLSA.
3. The Designated Receiving Areas must develop according to all of the requirements
established in the initial plan. A subsequent amendment pursuant to Section 163.3184,
F.S. is not required except for one or more of the following circumstances:
a. The annual update to the 5- Year Capital Improvements Schedule which must address
any capital improvements needed by RLSA development.
b. A change from the initial RLSA plan amendment.
c. The local government has adopted plan policies in the initial plan amendment that
require subsequent plan amendments.
4. The RLSA plan amendment shall require that after the local government has
designated a Designated Receiving Area by land development regulation, the Desil!nated
Receiving Area shall be delineated on the Future Land Use Map sAall se reyised to
delineate the Designated Reeeiyiflg ,'\rea pursuant to a ministerial process. This
ministerial sffi.gtHat: action shall not be deemed a nlan amendment and shall not require a
compliance review pursuant to Section 163.3184, F.S.
(b) Option Two: The Vision Plan Option. This ontion provides greater flexibility in
addressin2: the issues of need. nlao of develooment. and financial feasibilitv in a RLSA
nlan amendment as follows:
1. The initial RLSA plan amendment mllst include a descriptive vision plan for the entire
RLSA which is consistent with the principles of rural sustainability. The vision plan shall
establish the maximum amount of development required to achieve the vision, the
general location and the maximum size of Eligible Receiving Areas, and the general
location of Agricultural and Conservation Areas. The amendment must address all goal,
objective, and policy requirements except paragrapb (10)(1), the plan of development for
Designated Receiving Areas. The amendment must address all data and analysis
requirements except for subparagraph ~ ~ regarding the demonstration of
land use need. The initial amendment does not require a financially feasible 5- Year
Schedule of Capital Improvements for the RLSA.
2. The initial RLSA plan amendment must provide that prior to the development of a
Designated Receiving Area(s), the comprehensive plan must be amended to incorporate
the Designated Receiving Area(s) and Designated Sending Area(s) on the Future Land
Use Map. This subsequent amendment must include and be supported by:
a. The plan of development required by paragraph (IO)(f) and maximum amount of
development allowable in the Designated Receiving Area(s) for the long-term planning
period.
b. A demonstration of need for the maximum amount of development allowed for the
long-term planning period for the Designated Receiving Area(s) determined in
accordance with paragraphs (9)(c) and subparagraph (S)(c)3~. A demonstration of
residential land use need is not required if the maximum amount of residential
development for the RLSA does not exceed the cumulative amount of residential
development allowed by the underlying land uses within the RLSA as established in the
pre-existing comprehensive plan. If this limit is chosen, the analysis must demonstrate,
using professionally accepted methods, that the amount of non-residential land uses is
sufficient to meet the daily and work needs of the projected population and employment,
which will vary based on location, proximity to other development, and the size of the
planned development.
c. A financially feasible schedule of capital improvements that addresses all capital
facility planning needs for the Designated Receiving Area(s).
d. Compliance of the plan amendment shall be limited to the requirements in sub-
subparagraphs a., b., and c. above and internal consistency with the initial RLSA plan
amendment. Any changes to the initial RLSA Plan shall be subject to the complete
compliance requirements.
Specific Authority 163.3] 77(9), (ll)(h) FS. Law Implemented 163.3] 77(2), (3), (6)(a),
(S), (]O)(e), (ll)(a), (ll)(b), (I ])(d)1., (11)(d)2., (I ])(d)4., (I ])(d)5., (I ])(d)6. FS.
History - New
Collier County Capital Improvement Element
Appendi.x I
Listed below are 1) the historical or past revenue information sheets reported by the individual
departments, provided to demonstrate the reliability of future revenue projections; and 2) the
relevant portions of grants, loans, contribution agreements and all other sources of "committed"
revenues. The Florida Department of Community Affairs was provided with copies of the relevant
parts of the actual agreements and other similar documents in February 200R as data and analysis
supporting settlement agreement based CIE amendments. The entire documents are on ftle with
Collier County.
. Ave J\Iaria Developer Contribution Agreement (DCA) with Collier County dated
April 26, 2005 granting 56 Million in impact fee credits received in exchange for the
donation of certain rights-of-way for Oil Well Road and costs of associated design,
permitting and improvements from the projected $60 Million to be paid as road impact fees.
. State of Florida Department of Transportation Local Agency Program Agreement
(L\PA) # 415590-1 with Collier County in the amount of $586,500 during FY05 - FY07 for
the construction of two bicycle/pedestrian bridges along Vanderbilt Beach Road spanning
I jttle Horse Pass and the Cocohatchee Rinr.
. State of Florida Department of Transportarion I Dcal Agency Program Agreement
(L\PA) # 412627-1 with Collier County in the amount of $300,000 during FY05 - FY07 for
the constmction of two bicycle/pedestrian bridges along Golden Gate Parkway spanning
the Santa Barbara Canal.
. State of Florida Department of Transportation Local Agency Program Agreement
(L\PA) # 415546-1 with Collier County in the amount of $500,000 during FY06 - FY07 for
the construction of sidewalks at various locations within Collier County including 5'h Street
South, 111'h Avenue North and Jennings Street.
. State of Florida Department of Transportation Local Agency Program Agreement
(L-\P A) # 420887-1 with Collier County in the amount of $200,000 during FY09 - FYIO for
the constmction of sidewalk along Floridan Avenue.
. State of Florida Department of Transportation Local Agency Program Agreement
(L\PA) # 415545-1 with Collier County in the amount of $500,000 for the construction of
sidewalks at various locations within Collier County including 43'" Lane SW, 25'h Place SW
and 30'h Avenue SW.
. State of Florida Department of Transportation Local Agency Program Agreement
(L\PA) # 415543-1 with Collier County in the amount of $350,000 in FY07 for intersection
improvements at 111'h Avenue (Bluebill) and 8'h Street.
. State of Florida Department of Transporration Local Agency Program Agreement
(LAPA) # 420991-1 with Collier County in the amount of $4,950,000 for the project
duration for a TRIP project on CR 951 (Collier Boulevard) from CR 896 (Pine Ridge
Road) to Golden Gate Boulevard.
. I .
(,:\(.!J/n/m'hen.-ilr\I:/JI< ,1mmdmmf iHo{l1ji,"lirm.r\/)(.>I.\'u/lmi/lul.- -'anulIry ox Rmmliul."lmmJmcn/ Al"fo7a/r\I{,'m('Jiu/(II:' .,lmmdmm/ /)(,:,,)
Pad::d\ -1/,/,l'/uk....- J - m'/'N/ 1,_.....hibtiILlm
Collier County Cal1ital Iml1rovement Element
Appendix I
. State of Florida Department of Transportation Local Agency Program Agreement
(L\PA) # 418937-1 with Collier County in the amount of $4,710,000 for the project
duration for a TRIP project for the 1-75 Overpass at CR 846 (Immokalee Road). Please
note: The F[)Or le!!er informing the County of their Je/ection.!or TRIP.!illu/inc~ iJ the only domment that
we hm'e at IbiJ lime. PletlJe aeaPI IhiJ letler aJ doo,mentationjor Ibir,grant.
. State of Florida Department of Transportation Local Agency Program Agreement
(LAPA) # 415566-1 with Collier County in the amount of $695,200 during FY05 - FY07 for
the installation of roadway lighring and sidewalk on SR 84 (Davis Boulevard) from US 41
(Tamiami Trail) to Airport-Pulling Road.
. State of Florida Department of Transportation Local Agency Program Agreement
(Ll\PA) # 417350-1 with Collier County in the amount of $405,000 in FY07 for the
installation of paved shoulders on CR 846 (Immokalee Road) from north of Platt Road
to the end of Corkscrew Lane.
. State of Florida Department of Transportation Locally Funded Agreement (LFA) #
420655 1 52 01 for a state-funded State Infrastructure Bank (SIB) loan to Collier County in
the amount of$12 Million for rhe construction of the 1-75 @ Immokalee Road overpass
interchange improvements.
. State of Florida Department of Community Affairs, Florida Communities Trust
(FCT) Grant Contract # 07-CT-96-06-F6-AI-043 with the Parks and Recreation
Department in the amount of $9.9 Million for the acquisition of Gordon River Greenway
Park lands.
. United States Department of Housing and Urban Development (HUD) Grant #B-
03-UC-12-0016 with the Parks and Recreation Department in the amount of $593,000 for
the project duration for the construction of a 2,400 square foot addition to the East Naples
Community Park to provide a permanent site for rhe Senior Connections program.
. South Florida Water Management District (SFWMD) Agreement # C-12252 with
the Stormwater Management Department in the amount of $49,000 for stormwater
improvemenrs in the Gateway Triangle.
. South Florida Water Management District (SFWMD) Agreement # OT050976 with
the Stormwater Management Department in the amount of $500,000 during FY07 - FY09
for design and construction of the Gordon River Water Quality Park. Amendment No.2
to this Agreement increased the amount to $850,000 for Naples Bay Restoration activities.
. South Florida Water Management District (SFWMD) Agreement # OT060483 with
the Stormwater Management Department in the amount of $400,000 for the project
duration for construction of the Le1y Stormwater Improvement Project (L\SIP), Phase
One. Amendment No.1 to this Agreement increased the amount to $795,000 for Naples
Bay Restoration activities.
.
-2
(,'.-V.!lmpn:hen.-i1\,\/,/jR /1mcndmml Alodiji"lliom\l)(.,1 Juhmi/f<l!" -'af/uilI)' ox Rmmli"J,.-lmmdmml Mdkn'u/,\Ri'lt/tdi<JICf/:" lmtlldmenl- /)(.>1
l'tI,kd\.-lppmdix 1- reI'i"ai I,_\:hihil fJ.dlJc
Collier County Capiral Improvement Element
awendix I
. South Florida Water Management District (SFWMD) Agreement # 4600000625
with the Stonnwater Management Department in the amount of $1,190,000 for the project
duration for stormwater improvements to the Le1y Branch Canal from Rattlesnake
Hammock Road north to King's Lake.
. South Florida Water Management District (SFWMD) Agreement # 4600000627
with the Stormwater Management Department in the amount of S800,000 for the project
duration for the Gateway Triangle Stormwater Improvement Project, Phase One.
. South Florida Water Management District (SFWMD) Agreement # 4500004768
with the Stormwater Management Department purchase order in the amount of $100,000 in
FY08 for Naples Bay Restoration acrivities during stormwater improvements in the
Gateway Triangle.
. South Florida Water Management District (SFWMD) Agreement # 1'501076 with
the Stormwater Management Deparrment purchaJe order in the amount of $90,000 for
stormwater improvements in the Gateway Triangle.
. Waste Management Ine. of Florida (WM) I.andfill Operation Agreement with Collier
County, as amended, providing for the operation of the Naples Landfill, including fee
arrangements for ancillary recycling operations paid to WM. Revenues from the landfill
come from tipping fees, which are set by the BCC and are not established in this agreement.
. Waste Management Ine. of Florida (WM) Landfill Operation Agreement with Collier
County, as amended, providing for the operation of the Immokalee Landfill, including fee
arrangements for inter-landfill transfers and construction/demolition debris handling paid to
WM. Revenues from the landfill come from tipping fees, which arc set by the BCC and are
not established in this agreement.
. Waste Management Ine. of Florida (WM) Memorandum of Cnderstanding pursuant
to the Landfill Operation Agreement with Collier County, providing for the development
and operation of a Landfill Gas-to-Energy (LFGE) System at the Naples Landfill,
including arrangements with WM for sharing 100;;, of revenues generated by the system.
Revenues from the landfill come from tipping fees, which are set by the BCC and are not
established in this memorandum.
. Waste Management Ine. of Florida (WM) Memorandum ofCnderstanding pursuant
to the Landfill Operation Agreement with Collier County, providing for certain operations at
the Immokalee Landfill, including fee arrangements with WM for inter-landfill transfers
and construction/ demolition debris handling. Revenues from rhe landfill come from tipping
fees, which are set by the BCC and are not established in rhis memorandum.
- J-
(,'.\ClJmprrhn/L"IIe\/:'./lR /lmmdmtlll ModJji"ltirm,\/)(._"l I'ttbmi/!<,/.- -}rJflUrJTJ' {iX /{omd/ltl/lmmdm/'f1/ ,\Jdkmdr\]{tml'diJ/(.lI, 1mmdmm/ -1){-/1
f'udel\."lpremkY I. reI'I.nl L.\:hih/l H.d(J(
-~--
,_.~-
____",_._._._.__.._._ , ..__.M"_.....,..__...
/'
,
Retn:
CLIRI TO T81 BOARD
IITJROFFICI 4TH FLOOR
JlT8406
3621786 OR: 3802 PG: 2557
RlCORDJD in the OFFICIAL RlCOIDS of COLLIIJ COUlff, FL
OS/ll/2005 at 01:5311 DWIGHT J, BROcr, CLllI
DC lIB
coms
m.oo
35.00
DEVELOPER CONTRIBUTION AGREEMENT
AVE MARIA
~
~~':>
THIS DEVELOPER CONTRIBUTION AGREEMENT ("Agreement") is made and
entered into this 2.<..~\... day of April, 2005, by and between AVE MARIA DEVELOPMENT,
LLLP, a limited liability Florida Limited Partnership, formerly known as New Town
Development, LLLP ("Developer") whose address is 2600 Golden Gate Parkway, Naples,
Florida 34105, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, ("County"). All
capitalized terms not defined herein shall have the same meaning as set forth in the Collier
County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended.
RECITALS:
WHEREAS, the Ave Maria Stewardship Community District ("District") was created and
established on April 23, 2004, by Act passed by the House of Representatives House Bill 1625,
effective June 17,2004; and
...--:-~.=~"-~~
..\bR C L,\:---
WHEREAS, within the b ~ arron Collier Company has made
available approximately 905 ~ the Ave Maria ity, Inc. for the institution and
operation of a private uni ersi ~Wl\. as Ave Man U 'versity with a full slate of
undergraduate, graduate, an pr es~ro h rela c ltural, recreational, and other
activities, benefits and p . i se ch, and public services to
southwest Florida, the State of
n
WHEREAS, as set .rot endations of the Southwest
Florida Regional Planning C act Assessment for the "Town
of Ave Maria," DRI #07-0304 ere is to be creat 95-acre Town of Ave Maria, to
be located just north of Oil We d adjacent Keais, which proposed Town at
buildout will include 11,000 reside ~~~ )Ylif~~ ouse an estimated 24,200 residents,
690,000 gross square feet of retaiVservlCi,-~~square feet of office, 400 hotel rooms, a
6,OOO-student university, 450 units of assisted living facilities, 148,500 square feet of civic,
community and miscellaneous facilities, 35,000 square feet of medical facilities, a public K-8
school and a K-12 private school, with a proposed buildout to be completed in two 5-yearphases
with construction anticipated to commence in 2006, and continue through 2016; and
WHEREAS, for this development to proceed, substantial road improvements are
required, including the urban four laning of Oil Well Road, with provision for future six laning,
between Immokalee Road and Camp Keais Road (the "Project"); and
WHEREAS, to accelerate these improvements and to facilitate the future four laning of
Camp Keais Road to Immokalee Road, and Immokalee Road north of Camp Keais into the urban
area of Immokalee, Developer has agreed: (I) to donate certain right-of-way and other
consideration; (2) to fund the cost of designing and permitting the section of Oil Well Road from
Immokalee Road to Camp Keais Road in exchange for impact fee credits; and (3) to provide fill
to the County at its cost, all of which will be of significant benefit to the County's transportation
network; and
Page I of8
, ."
--...----
_0_._......._. .
OR: 3802 PG: 2558
WHEREAS, in addition to the donation of right-of-way and impact fee credits resulting
from the advancement of design and construction of an Oil Well Road segment, the developer
will be paying in excess of Sixty Million ($60,000,000) dollars in road impact fees to pay for the
construction of the additional capacity being provided by the widening of Oil Well Road and
other roadways within the area; and
WHEREAS, the Town of Ave Maria will be the first implementation of the Rural Lands
Stewardship Area (RLSA) program, a program which implements the provisions of Chapter 163-
3177(11)(d) Florida Statutes (2004); the RLSA program being an innovative and incentive based
program for planning, protection of natural resources, and development in the rural area of
Collier County, and
WHEREAS, the "RLSA" program has significant public benefits for Collier County and
the Immokalee area; and
WHEREAS, the Immokalee area and its economic development will greatly benefit from
the proposed road improvements to Oil Wel!.J~<>.a.~-,- Camp Keais Road, and Immokalee Road
contemplated hereby; /\\:J? CoD:.........."
, \''''--_ ___. i A",>
',V/~ ~V.("
WHEREAS, the Transp ~ "'Administrator has
Commissioners that the plan fi r d ~ forth Ln this
confonnity with contemplat d . P t amr'h ditions
network and that it will be a v
right-of-way described herei ;
ended to the Board of County
ent ("Proposed Plan") is in
to he County's transportation
per to donate and contribute the
, i
1-.
! mmissioners, the Board has
Board finding that:
r
.l.
the contemplated improvements
tern;
b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans,
including those from other developers, will not adversely impact the cash flow or
liquidity of the County's road impact fee trust accounts in such a way as to
frustrate or interfere with other planned or ongoing growth necessitated capital
improvements and additions to the County's transportation system;
c. The Proposed Plan is consistent with both the public interest and with the
County's existing Comprehensive Plan;
d. Except for the right-of-way donation for which impact fee credits are waived, the
proposed time schedule for completion of the Proposed Plan is consistent with the
most recently adopted five-year capital improvement program for the County's
transportation system and park system; and
WHEREAS, Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00)
application fee for this Agreement:
Page 2 of8
OR: 3802 PG: 2559
WITN ES SETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained above and herein, and the fact that all of the above recitals are true and correct and
shall be fully incorporated herein and fonn part of the basis for this Agreement, the parties agree
as follows:
I. Within 90 days from the effective date of this Agreement, Developer will convey
the right-of-way legally described and graphically depicted in Composite Exhibit "A" ("Donated
Land") to the County for the widening of the road segments. This conveyance shall be at no cost
to the County. The Donated Land will be sufficient to provide a two hundred (200') foot wide
corridor for said road segments and will allow reconfiguration of the intersection of the Camp
Keais and Immokalee Roads. Developer shall convey the Donated Land to the County in fee
simple, free and clear of all liens and encumbrances, by statutory warranty deed, the fonn of
which is attached hereto as Exhibit "B". The County will be responsible for paying the costs of
any title work and searches, and Developer _~~l be responsible at all costs for promptly
removing or curing any liens, enc. )l~ (!l-' . . c:ncies revealed in any title work.
Developer will promptly provide ~ttomey with an executed deed,
suitable for recording. Upon r ~, e County shall ~ J:1 deed in the Public Records of
the County. The Developer s II costs associate wi the recordation of the deeds.
Once Camp Keais Road betw en R---an il Wel Ro has been improved and the
intersection of Camp Keais oa in six lane configuration,
County agrees to abandon y e is ng w exi ting Camp Keais Road and
Immokalee Road that will n I.. '. ti' eais Road in the vicinity of
said intersection. ("" / "
t'\ /(.....;
2. The Donated L .Cl{yO 56 acres, (approximately 13
miles of road frontage) whose p udes creati \ oot right-of-way along Oil Well
Road, Camp Keais Road and Immok RKill tersection of Camp Keais Road into
the Immokalee urban area. Developer est! Imated current value of the road segments
right-of-way donation at seven million, eight hundred thousand ($7,800,000) dollars. In addition
to the Donated Land, for the purpose of providing sufficient stonnwater drainage for the portion
of the road segments adjoining the Donated Land, the Developer shall freely provide, at no cost
to the County and without any impact fee credits, (I) at least 3 acres of suitable land per mile of
road, or (2) will accept such stonnwater into existing Developer-owned or controlled stonnwater
systems, or (3) a proportionate combination of the above at Developer's option. It is estimated
that if the County had to mitigate stonnwater for said road adjacent to the Donated Land, it
would be required to acquire approximately 33 acres. Developer estimates the cost savings to the
County of said stonnwater mitigation to be approximately $1,500,000. The parties acknOWledge
that the conveyance of the Donated Land is characterized as property rights acquired by a
highway or road agency for the improvement of a road within the boundaries of a public right of
way.
3. The Developer shall fully pay for the capital costs of traffic signals at any access
point from the Town of Ave Maria on Oil Well or Camp Keais Roads when deemed warranted
Page 3 of8
OR: 3802 PG: 2560
by the Collier County Transportation Department. The signals will be owned, operated and
maintained by Collier County.
4. The parties acknowledge that the land donation made pursuant to this Developer
Contribution Agreement is an integral part of and a necessary accommodation to the Collier
County transportation network.
5. The Developer has agreed not to receive impact fee credits from its donation of
the Donated Land, but is utilizing the donation, as well as the stOrmwater accommodation, the
Fill and Design and Permitting as a pipelining effort to mitigate the impacts of the Town of Ave
Maria on the transportation network impacted by the Town of Ave Maria, together with the other
commitments herein.
6. Prior to providing the executed deed, Developer will provide attorneys' opinions
identifYing the record owners of the Donated Land, setting forth the authority of the record owner
to enter into this Agreement, and identifYing any lien holders having a lien or encumbrance on
the Donated Land. The opinion will specificall describe each of the recorded instruments under
which the record owner holds title, ~ . ~: !ance, and cite appropriate recording
information and incorporate by }M~~h. referenced instruments. The
attorneys' opinions will also ~,ef( autho' ol\faul Marinelli to execute this
Agreement on behalf of the D1el(~. --"'---J- '\ \
, . \
. .
. . ,
7. Developer ha a Co ty, without any impact fees
credits, sufficient fill for th Pr e an d si four laning of Camp Keais
Road with provision for si kalee Road, then north on
Immokalee Road to the ex II.tfn alee urban area, upon the
following terms and conditio s;). jacent to Oil Well Road that
would be an appropriate site fr ' ch to obtain the n I for the Project; the site being
described and depicted in Co c(Sj. xhibit "C"', / per will file a conditional use
application for earth mining on t . 'site/I ' 1l!C~.d,iditional use application is granted,
Developer will provide fill on the site for' ent of its cost. Cost shall include the costs
of obtaining conditional use approval, permitting, mining, stockpiling and loading of the fill
material. Fill for the improvements to Camp Keais Road will be provided from an expansion of
the site identified in Composite Exhibit "c" or from another location fairly proximate to Camp
Keais Road, subject to conditional use approval for either alternative. Developer estimates the
cost savings to the County from this provision is approximately $11 million. This commitment
shall expire if the Town of Ave Maria achieves buildout prior to the expansion of Camp Keais
Road.
8. In order to accelerate the Project, Developer has agreed to pay for the cost of
design and permitting for the Project, which is estimated to be six million ($6,000,000) dollars,
which amounts shall be eligible for transportation impact fees as set forth below. Any mitigation
shall be part of the construction contract and not part of design and permitting. Developer will
provide County with a set of Design Plans which must meet the County's standard requirements
for design plans. County will be provided with 30/60/90/100% plans for review, and shall have
the right to require public meetings for the 30/60/90% plans. All plans are subject to approval by
Page 4 of 8
OR: 3802 PG: 2561
the County, which approval shall not be unreasonably withheld or delayed. Upon receipt of the
final Design Plans, County will competitively bid out the Project.
9. Once the County has received final Design Plans and all necessary permits
pursuant to paragraph 8 hereof, County agrees to bid and award a contract to construct the Project
as soon as practicable, but within six (6) months, assuming no bid protest and absent force
majeur. The contract shall provide for the Project to be constructed in three phases as set forth
below. The County commits that construction of the First and Second Phase will commence
within a commercially reasonably time after award of the contract.
(a) First Phase - Immokalee Road to Everglades Blvd, more or less
(b) Second Phase - Camp Keais Road to Camp Keais Strand, more or less
(c) Third Phase - completion of the Project
to construct the Third Phase upo
being available for said cons ctioji
Fee Districts shall be prioriti d f~r t
Immokalee Road project. e
Project by 2010, subject to i s r
sufficient road impact fees,
II. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
12. The credit for the Road Impact Fees identified in this Agreement shall run with
the land identified in Exhibit "D" and shall be reduced by the entire amount of the Impact Fee for
that Public Facility due for each Building Permit issued thereon until the Development project is
either completed or the credits are exhausted or are no longer available, or have been assigned by
operation of or pursuant to an assignment agreement with the County. The foregoing reduction
in the Impact Fee credit shall be calculated based on the amount of the Impact Fees for that
Public Facility in effect at the time the Building Permit is applied for. The credit shall specify
the specific type of Public Facility Impact Fee to which it shall apply (roads) and shall not apply
to any other type of Public Facility Impact Fee. The burdens of this Agreement shall be binding
upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to
this Agreement.
Page 5 of8
--.--.--.,
---" . --~,.-
OR: 3802 PG: 2562
13. The amount of road impact fee credits to be granted under this Agreement is
approximately SIX MILLION DOLLARS ($6,000,000). Attached hereto as Exhibit nE", in
recognition of the developer contribution herein, is a copy of the hnpact Fee Ledger setting forth
the amount of Road hnpact Fee Credits granted pursuant to this Agreement, which will be
adjusted based on final costs for design and permitting.
14. Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner, or their successors or
assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said
pelIllitting requirements, conditions, terms or restrictions.
15. The terms of this Agreement are intended, along with the payment of all
applicable impact fees, to meet the requirements of Section 91 2.045, Florida Administrative
Code, including fulfilling the Developer's proportionate share obligation and providing full
mitigation for the Town of Ave Maria impacts on the regional road network. Developer's
commitments herein include "Pipelining" the construction of a critical link in the County's road
network; and providing additional cost saving benefits to future road segments impacted by the
Town of Ave Maria,//{CR (:0(1>.....
/' ~ .\:;>----'<::;\Ii.~
16. The pipelining 0 . an approved fo~tigation which provides for the
aggregation of a project's in re jUal i1nRacts on a n er \ f roadways, resulting in an
improvement on one (or mor of he . ted a s. Thi co cept allows for the provision
of roadway capacity, when i mi ough pipelining, a roadway
improvement is constructed, bui i g t ap c t 'nta n concurrency. In order to
facilitate the use of the pipel'l"Y 0 . i i case a e' ajor roadway improvement
to be constructed in advance i;rf e Project's impac and in ~ to ensure a consistent road
impact fee revenue stream, t. unty is entering i .. al Agreement with the Ave
Maria Stewardship Communit. . ~ct ("District") w . i':!I{e County will reserve to the
District sufficient .capacity on the f~ad p~~jc.\.~~to complete the buildout of the
Town of Ave Mana. '--..',!/fF cn{,C;/
~'----::._-_::::__.__.--' ."
17. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is
necessary to comply with such laws, in a manner which best reflects the intent of this Agreement.
18. Except as otherwise provided herein, this Agreement shall only be amended or
cancelled by mutual written consent of the parties hereto or by their successors in interest.
19. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement.
Developer shall pay all costs of recording this Agreement. A copy of the recorded document will
be provided to Developer upon request.
20. In the event of a dispute under this Agreement, the parties shall first use the
County's then current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
Page 6 of8
OR: 3802 PG: 2563
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
2 \. Any future reimbursement for excess credits shall come from future receipts by
the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all
development, as defined by the Transportation Administrator at the location that was subject to
the credit has been completed. Such reimbursement shall be made over a period of five (5) years
from the completion of the Development.
22. An annual review and audit of performance under this Agreement shall be
performed by the County to determine whether or not there has been demonstrated good faith
compliance with the terms of this Agreement and to report the credit applied toward payment of
road impact fees and the balance of available unused credit. If the Collier County Board of
Commissioners finds, on the basis of substantial competent evidence, that there has been a failure
to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally
modified by the County.
23. This Agreement and th
DR! Development Order, SRA d
Engineers permit for the Town
Maria DR! or SRA do not bec me
received and become effecti e b for
hereunder shall be null and vo'
$6,000,000 in impact fee cr its
impact fee credits may be uti ~
,......
c
IN WITNESS WHE
by their appropriate officials, as
. P
"'.'.
-.,. .
By: W.
FRED W. COYLE, Chairm
AVE MARlA DEVELOPMENT, LLLP, a Florida
limited liability limited partnership
,..;
-'".
.
..
,.,','-
,
By:
orporation
L
By:
Paul Marinelli
Title: President
Page 70f8
OR: 3802 PG: 2564
ST ATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged
(VIA.~ , 2005, by Paul Marinelli, as
Development, LLLP. He is ['1Personally known to me, or [
as identification.
before me this~day of
of Ave Maria
] has produced driver's license no.
(SEAL)
NOTARY PUBU(.STATE OF nORmA
Tris ha A. Akers
Comllliulon 'Doa92198
E.xpiret: FEB, 10, 2C,;9
BoDde4 TbI'u Atb.nde bllln. Co., Inc.
NOTARY PUBLIG __
Name: THIBHA A. AKERS
(Type or Print)
My Commission Expires: FE13 to,-zooq
t orm and legal sufficiency:
/u \
I /1" \
, I < \
/ ! l./L.""-." \ \
'!?\j \\
Il ( I
f~ \ .~.... ,I--)
\..:. \.- _. : . e::-
. \ ,,/, I -. !
\{SP\ -~~j! ~oJ
\1- \,.,~ 1.../
~:>....... /-::(..;,';/
,,(IFiTC\ v..~>//
"-----
Page 80f8
/
DATE
PERMIT It
*** OR: 3802 PG: 2591 ***
,
Ave Marla Development Contribution Agreement
CREDIT AMT
BALANCE
COMMENTS
Beginnina Balance $6,000,000.00
Available
'-
A lf~R ~Orl~,
';;9/ ~J~
I l r;:--,-_ _ ~ \ \
! I ,_, \
-"" ,--- "-- ~\
\I / '\ lJ ..J \ VI
n~~ '-? L It
\'('\\ ~~i,! !:..i
"0~ T\..j / c?
~5>----~\Y
~g: (~~~Y
CY~I~J \'t /I
State of Florida Department of Transportation
LOCAL AGENCY PROGRAM AGREEMENT
525-(110--40
PROJ MGT, RESEARCH & DEV OFC
OGC-11/03
Page 1 of 12
FPN N0415590-1 Fund: MG FLAIR Approo:
Federal No: 7151001 U Org. Code: 55014010106 FLAIR Obj.:
FPN No. Fund: FLAIR Approp:
Federal No: Org. Code: 7t FLAIR Obj.:
County No. 03 Contract No: N V;( '1 Vendor No.: F 596000558102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this ;):J. "vt. day of Tun/' , :k7a.c:;-
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agencv of the State of Florida,
hereinafter called the Department, and Collier County; Finance Department; 2671 Airport Road, Naples, Florida 34112
hereinafter called the Agency.
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida
Statutes to enter into this Agreement;
NOW, THEREFORE, in consideration of [he mutual covenants, promises and representations herein, the parties agree as
follows: .
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
PAnA"triRn Rr/nOA" and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1.01 Modifications and Additions: Exhibit(s)
A, B
are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with
all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines,
manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project. .
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/29/2006
If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in
writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of the Agreement wi/I not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
undertake the project hereunder, or to obselVe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2,04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including
Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
"
State of Florida Department of Transportation
525-010-40
PROJ MGT, RESEARCH & DEV OFC
OGC-11103
Page 1 of12
... 2~1) LOCAL AGENCY PROGRAM AGREEMENT
1Jly '" iiOO!. QIJlJ
FPN N0412627-1 Fund: XU FLAIR Approo:
Federal No: 7777 116 A Org. Code: 55014010106 FLAIR Obj.:
FPN No. Fund: FLAIR Approp:
Federal No: Org. Code: FLAIR Obj.:
County No. 03 Contract No: AN W 9f/ Vendor No.: F 596000558102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this 1) f'''-- dayof,q f r i / , df)O"J
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. an apencv of the State of Florida.
hereinafter called the Department, and Collier County; 2671 Airport Road; Naples, Florida 34112
hereinafter called the Agency.
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida
Statutes to enter into this Agreement; .
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's partiCipation in
BridoA - NAW ~frlJct"rA and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1.01 Modifications and Additions: Exhibit(s)
2.00 Accomplishment of the Project:
2,01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with
all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines,
manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein.
A, B
are attached hereto and by this reference made a part hereof.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/29/2006
If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduied
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in
writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of the Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law; In the event that any election, referendum, approval, permit, notice, or
)ther proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
Jndertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency
"ill initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including
=ederal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
,
,
fb..4" 9)() ,DlXJ
FPN No 415546-1 Fund: XU .' F,LAIR ApproD:
Federal No: Org. Code: 55014010106 FLAIR Obj.:
FPN No Fund:. FLAIR Approp: .
Federal No: . Org. Code: FlAIR Obj.:
County No. 03 . Contract No: Vendor.No.: F5960005581oz'
Catalog of FederalDoml)Slic Assistance.(9FDA): 20.205 Highway ~larinlng and Conslr!Jction . .
THIS AGREEMENT, made and entered into this . . . day of
by and between the STATE. OF FLORIDA DEPARTMENT OFTRANSPORTA TION. an aeencv of the State of Rorida,
hereInafter called the Depar:tmenL and' Collier County; 2671 Airport Road, NaD/es, Rorida 34112 . .
hereinafter called the Agency.' '. .
W IT N E SSE T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Departnient has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and boillanced transportation system and is authori.zed under Section 334,044, Florida
Statutes to enter into this Agreement;
LOCAL AGENCY PROGRAM AGREEMENT
Stale of Florida Department of Transportation
525-C10-40
PROJ MGT, RESEARCH & DEV OFC
OGc-11103
Page 1 of 12
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose 'of this Agreement is to provide for the Department's partiCipation in
flikA P"IhISklAWalk and as further described in Exhibit 'N attached hereto and by this referei1ce made a part
hereof, hereinafter called the project, and to provide departmental financial assistance to the Agenq and state the terms
and Conditions upon which such assistance will be provided and the undefstandings as to the manner in which the projeq
will be undertaken and completed.
1.01 Modifications and Additions: Exhibit(s) . A,B are attached hereto and by thIs reference made a part hereof.
2.00 kcoml'lIshment of the Project: .
2.01.General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT 'N with
all. practical dispatch, In a sound, economIcal, and efficient manner; .and In accordance with the provisions herein, and all
applicable laws. The project will be performed In accordance with ali applicable Department procedures, guidelines,
manuals, standards, and dir~ves as described. In the Department's Local Agency Program Manual, which by \his
reference is made a part hereof as if fully set forth herein.
A full time employee of the Agency, qualified'lo ensure that the worl< being pursued is complete, accurate; and consistent
with the tenns, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 ExpIration of Agreement The Agency agrees to complete the. project on or before 121~/2006 . .
If the Agency does not complete the project within this time period, this Agreement will explr~ on the iast day of scheduled
completion as provided.ln tJils paragraph unless an extension of the time period is requested by the Agency and granted in
writing by the Department prior to the expiration of the Agreemenl ExpIration of this Agreement will be considered
termination of the project. the. cost of any Worl< performed after the expiration date of the Agreement will not be
reimbursed by the Departmenl .
2.0~ Pursuant to fedenll, State, and L9cal Law: In the event that any election, referendum, approval, pennit, nolire;-dr.
other proceeding or authorization is requisite under'applicable law.to enable the Agency to enter Into this Agreement or to
undertake the project hereunder, or to observe, assume or carry out any of the provisions of ihe Agreement, the Agency.
will. initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2,04 Funds of the Agency: The Agency shall initiate arid prosecute.to completion all proceedings necessary, including
Federal-aid requirements, 10 enable ihe Agency to provide the necessary funds for completion of the project.
/
S >FFlORIDADEPART\EHTOFTRANSPORTAnoN
LOCAL AGENCY PROGRAM AGREEMENT
$25-()1Q..40
PROJECT MANAGEMENT OFFICE
,-
-...,
.1)rJl ~l)
FPN: 420887-1 Fund: SE
Federal No: Org Code: 55014010106
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: ' Or!! Code:
County No: Contract No:
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR ObJ:
FLAIR Approp:
FLAIR Obj:
Vender No: F 596000558102
THIS AGREEMENT, made and entered Into this _ day of , _ by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department, and the Board of Countv Commissioners. Collier Countv. Florida: 3301 Tamiami Trail East. NaDles. Florida
34112 hereinafter called the Agency.
WIT N E SSE T H:
WHEREAS, [he Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an Integrated and balanced transportation system and Is authorized under Sectlon 339.12, Florida
Statutes, to enter Into this Agreement;
NOW, THEREFORE, In consideration of the mutual covenants, promises and representations herein, the parties agree as
follows :
1.00 PurpOse of Agreement: The purpose of this Agreement is to provide fer the Department's participation in E
sidewalk and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter
called the "project: and to provide Department financial assistance to the Agency and state the terms and conditions
upon which such assistance will be provided and the understandings as to the manner in which the project will be
undertaken and completed.
1.01 Attachments: Exhiblt(s) A..JL1 are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described In Exhibit "A" with all practical
dispatch, In a soond, economical, and efficient manner, and In accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described In the Department's local Aoencv Proaram Manual, which by this reference is
made a part hereof as If fully set forth herein. Time Is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbllled Funds
If Agency falls to timely perform its obligations In SUbmitting Invoices and documents necessary for the close out of the
project, and said failure results In a loss of the remaining unbllled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may Include both federal funds and state funds, If any state funds are on the project),
Agency will be responsible for the remaining unbllled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, If said removal Is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to local Agency's failure or
nonperformance, In addition to loss of funding, the Department will consider de-certlflcation of said Agency for future LAP
projects.
State of Florida Department of Transportation
525-010-40
PROJ MGT, RESEARCH & DEV OFC
OGC-11103
Pagelot12
ttK .$9JO,oaJ
FPN N041554S-1 Fund: XU FLAIR Approp:
Federal No: 7777133A Org. Code: 55014010106 FLAIR Obj.:
FPN No. Fund: FLAIR Approp:
Federal No: Org. Code: FLAIR Obj.:
County No. 03 Contract No: fiN fA} 'fD Vendor No.: F S96000558102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this /.s day of ;;Z C'lAS'"
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIO . an aaencv of the State of Florida.
hereinafter called the Department, and Collier County; Finance Department, 2671 Airport Road, Naples, Florida 34112
hereinafter called the Agency. .
LOCAL AGENCY PROGRAM AGREEMENT
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida
Statutes to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
SirJp.walks - VRriOIlS locations and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the terms
and conditions upon which Such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1.01 Modifications and Additions: Exhibit(s)
A,B
are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with
all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines,
manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/29/2006
If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduied
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in
writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of the Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or
)ther proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
JOdertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency
viII initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including
oederal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
...iTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010--40
PROJECT MAAAGEMENT OFFICE
""'7
Page 1
1})r.l :lSl'JXr)
FPN: 415543-1 Fund: XU
Federal No: 8887 156 A Org Code: 55014010106
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code: ~
County No:03 Contract No: 7 IVlS~
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.;105 Highway Planning and Construction
THIS AGREEMENT, made and entered into this ~ day of ~ _ , fi!!i!l by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department, and the Board of Countv Commissioners. Collier County, Florida: 3301 Tamiami Trail East. Naples. Florida
34112 hereinafter called the Agency.
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
Vendor No: F 596000558102
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authortzed under Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Departmenfs participation in minor
intersection improvements and as further described in Exhibit "A" attached hereto and by .this reference made a part
hereof, "hereinafter called the "project," and to provide Department financial assistance to the' Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed. .
1.01 AttaChments: Exhibit(s) AS and 1 are attached and made a part hereof.
2,01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and effICient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Deparlmenfs Local AQencv Proqram Manual, which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this
Agreement.
A full lime employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbilled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents' necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP
projects.
..........
.
Florida Department of Transportation
JEB BUSH
GOVI!.RNOR
DENVER J. STUTLER, JR.
SECRETARY
RECEIVED
Transportation
Servir.p-s nivision
January 6, 2006
"
. '~-;'
l.~. i
, /
I i9/t'>f. .
itJJ 1 i 2006
" ,.
,
-//CAI.I6/~.c;-;v ~,
Co!. James V. Mudd (Ret.), County Manager
Collier County
330] East Tamiami Trail
Nap]es, FL 34] 12
(
I.; C'-0 "1
RE: Transportation Regional Incentive Program (TRIP) Project Selection
, ,
r'~Y4 :? $rd;>.
,
---/~/,c.-.,
)
Dear Co!. Mudd:
.-;,;.r"'...:----.---
I am pleased to inform you the following Transportation Regional Incentive Program
(TRIP) projects in Collier County have been selected for funding:
x
><
CR 951 (Collier Blvd) from CR 896 (Pine Ridge) to Golden Gate Blvd in the amount
of $4,950,000 in FY 2006/07 (FM#420991-1); and
- ~
1-75 Overpass at Immokalee Rd (CR 846) in the amount of $4,710,000 in FY 2006/07
(FM# 418937-1). L
The 2005 Florida Legislature created the Transportation Regional Incentive Program
(TRIP) to provide funds for improvements to regionally significant roadways and public
transportation facilities, pursuant to Section 339.2819 F.S.
li.4- - _
? TRIP project grants require a minimum 50% local match. In addition, Collier County
;:;> will be required 10 enter into a TRIP agreement with the Department for the CR 051
project and a Locally Funded Agreement (LF A) for the 1-75 overpass project. Fund
disbursement will be on a reimbursement basis (CR 95]) or as otherwise provided for in
the respective agreement (1-75 overpass).
Ms. Karen Miracola, the District One JPA Coordinator, is the Department's contact for
the TRIP and LF A agreements. Karen wiJI work with your staff on the execution of the
agreements, and may be reached at (239) 461-4302.
(more)
, \,
\ \ \
, .
District One, Southwest Area Office
2295 Victoria Ayenue" Post omce Box 1030" Fort Myers, FL 33902.1030
(239) 461-4300' (239) 338-2353 (Fn)' MS 1-98
"\>-~ \
y:' .'>
'-~
','
www.dot.state.fl.us
-
r:.~ ,
,l ,.-.J
. , \ \v
, I
\'
\!) '~f:.'{ '1,.'.',""+, \ '.
" \'
, .
,
.
Col.'James V. Muddl
. .
January 6. 2006
Page 2
Thank you for Collier County's partIcIpation in the TRIP program. If you have any
questions regarding these projects please contact Ms. Miracola or David Hutehinson,
Community Liaison for Collier County. at (239) 461-4300.
~ilH.:\"T~I~.
\.... '"
,
Michael G. Rippe,
Director of Transportation Development
MGR:dh
cc: Commissioner Fred W. Coyle, Chair, Collier BoCC'
Commissioner Thomas Henning, Chairman, Lee County MPO
Nonnan E. Feder, AICP, Administrator, Collier County Transportation Services Division
Charles Barmby, Director, Collier MPO
Stanley M. Cann, P.E., District Secretary, District One
Ben Walker, P.E., InlemlOdal Systems Development IVbnager
frank Meares, Planning Administrator
Johnny Limbaugh, Manager, FOOT Southwest Area Oflice
Karen Miracola, District JPA Coordinator
David L. Hutchinson, Community I,iaison
,
... .
.
.
,
.
-
~
.
"'.
Catalog State Financial Assistance No. 55.026
FINANCIAL l:.ttOJECT #420991-1-58-01
COLLIER COUNTY
Page 1 of 13
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT
This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION (hereinafter "DEPARTMENT") and COLLIER COUNTY (hereinafter
"COUNTY"). ' .
WITNESSETH
J. WHEREAS, the DEPARTMENT has the authority, under Fla. Stat. g334.044, to enter into
this Agreement; and
2. WHEREAS, the Transportation Regional Incentive Program was created by Fla. Stat.
g339.2819 to provide funds to improve regionally significant transportation facilities in
"regional transportation areas" pursuant to Fla. Stat. g339.155 (5); and
3. WHEREAS, the Lee County and Collier County MPO's, acting as a designated regional
partnership under Fla. Stat g339.l55 (5)(c) and formed by an interlocal agreement,
designated CR 951 (Collier Boulevard) from Golden Gate Boulevard to Immokalee Road as
a regional facility by resolution, a copy of which is incorporated into this agreement and
attached.
4. WHEREAS, the DEPARTMENT is willing to provide COLLIER COUNTY with fmancial
assistance under Financial Project No. 420991 58 01 hereinafter referred to as the
"PROJECT," in accordance with Fla. Stat. g339.2819; and
5. WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility
requirements of Fla. Stat. g339.2819; and
6. WHEREAS, the COUNTY
o Certifies to the DEPARTMENT that it has met all Project Eligibility Requirements
listed below
.
X Will certify by October 1,2006, date to the DEPARTMENT that it will have met all
Project Eligibility Requirements listed below
PROJECT ELIGIBILITY REQUIREMENTS
I. Support facilities that serve national, statewide or regional functions and function as
an integrated transportation system,
2. Be identified in appropriate local government capital improvements program(s) or
long term concurrency management system(s) that are in compliance with state
comprehensive plan requirements,
3. Be consistent with the SIS,
4. Be in compliance with local corridor management policies, and
5. Have commitment oflocal, regional or private matching funds.
,
FINAN(;IAL PROJECT #420991-1-58-01
COLLIER COUNTY
Page 2 of 13
7. WHEREAS, the COUNTY by Resolution No. (2';c<'/~1J dated the Jf,-c.~ day of
, 2006, a copy of which is attached hereto and made a part hereof, has
a thorized the Chairman of its Board of Commissioners or designee to enter into this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations contained herein, fue parties agree as follows:
I. SERVICES AND PERFORMANCE
I) The PROJECT consists of construction of CR 951 (Collier Blvd) from Golden Gate Blvd
to Imrnokalee Road to widen from two to six lanes.
2) The COUNTY agrees to undertake the construction of the PROJECT in accordance with
all applicable, federal, state and local statutes, rules and regulations, and standards. The
COUNTY shall be responsible for obtaining clearances/permits required for the
construction of the PROJECT from the appropriate permitting authorities. Upon
completion of the PROJECT, the COUNTY shall certify to the DEPARTMENT that the
PROJECT has been completed in accordance with the applicable standards, statutes, rules
and regulations in writing.
3) The DEPARTMENT will be entitled at all times to be advised, at its request, as to the
status of work being done by the COUNTY and of the details thereof. Coordination shall
be maintained by the COUNTY with representatives of the DEPARTMENT. The
COUNTY shall provide the DEPARTMENT with quarterly progress reports.
4) The COUNTY shall not sublet, assign or transfer any work under this Agreement without
prior written consent ofthe DEPARTMENT.
5) All notices under this Agreement shall be directed to the following addresses:
TO DEPARTMENT:
David Holden, PE
Ft. Myers Operations Center Engineer
Florida Department of Transportation
2981 NE Pine Island Road
Cape Coral, Florida 33909
TO COUNTY:
Donald Scott, Director
Collier County Transportation Planning
2885 South Horseshoe Drive
Naples Florida 34104
II. TERM
I) The COUNTY shall perform the PROJECT activities in accordance with the following
schedule:
(I) Construction contract to be let on or before December 1,2006.
(2) Construction to be completed on or before March 1,2009.
2) This Agreement shall be effective upon execution by both parties and shall continue in
effect and be binding on the parties until the PROJECT is completed and accepted and
payment made by the DEPARTMENT or terminated in accordance with the DEFAULT
& TERMINATION SECTION below.
FINANCIAL PROJECT #420991-1-58-01
COLLIER COUNTY
Page 3 of 13
3) This Agreement shall not be renewed. Any extension shall be in writing and executed by
both parties, and shall be subject to the same terms and conditions set forth in this
Agreement and contingent upon the DEPARTMENT'S District Secretary's or Designee's
Approval.
II1.PAYMENT TERMS
, .
I) The COUNTY and the DEPARTMENT agree to share the cost of this PROJECT #
420991 I 58 OJ.
2) ESTIMATES & PARTICIPATION AMOUNTS
A) The estimated total cost as set forth in the DEPARTMENT'S adopted work program
for this PROJECT is $40,556,620 (FORTY MILLION FIVE HUNDRED FIFTY-SIX
THOUSAND AND SIX HUNDRED TWENTY DOLLARS)
B) The estimated COUNTY share for the PROJECT is $35,606,620 (THIRTY FIVE
MILLION SIX HUNDRED SIX THOUSAND AND SIX HUNDRED TWENTY
DOLLARS)
C) The estimated DEPARTMENT share for the PROJECT is $4,950,000 (FOUR
MILLION NINE HUNDRED AND FIFTY THOUSAND DOLLARS) which is the
maximum participation by the DEPARTMENT.
D) The parties further agree all remaining costs of the PROJECT will be borne by the
COUNTY.
3) In the event the COUNTY proceeds with the construction of the PROJECT with its own
forces, the COUNTY will only be reimbursed for direct costs (this excludes general and
administrative overhead).
4) All costs charged to the PROJECT shall be supported by properly executed payrolls, time
records, invoices, contracts, or vouchers evidencing in proper detail the nature and
propriety of the charges.
5) Payment shall be made only after receipt and approval of goods and services unless
advance payments are authorized by the DEPARTMENT'S under Section 334.044 (29),
Florida Statutes.
6) If this Agreement involves units of deliverables, then such units must be received and
accepted in writing by the Contract Manager prior to payments.
7) The DEPARTMENT'S obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
8) Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit.
9) Travel costs will not be reimbursed.
10)The COUNTY shall submit one invoice (3 copies), plus supporting documentation
required by the DEPARTMENT. Payment shall be made to the COUNTY upon
completion of all services, as approved by the DEPARTMENT.
FINANCIAL PROJECT #420991-1-58-01
COLLIER COUNTY
Page 4 of 13
II) A Vendor Ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for contractors/vendors who
may be experiencing problems in obtaining timely payments(s) from a state and/or
COUNTY. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling
the Department of Financial Services Hotline, 1-800-848-3792.
12) Records of costs incurred..under terms of this Agreement shall be maintained and made
available upon request tothe DEPARTMENT at all times during the period of this
Agreement and for five years after fmal payment is made. Copies of these documents
and records shall be furnished to the DEPARTMENT upon request. Records of costs
incurred includes the COUNTY'S general accounting records and the project records,
together with supporting documents and records of the COUNTY and all subcontractors
,
performing work on the project, and all other records of the COUNTY and subcontractors
considered necessary by the DEPARTMENT for a properlludit of costs.
13) The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability,
or enter into any contract which, by its terms, involves the expenditure of money in
excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no
money may be paid on such contract. The DEPARTMENT shall require a statement
from the Comptroller of the DEPARTMENT that funds are available prior to entering
into any such contract or other binding commitment of funds. Nothing herein contained
shall prevent the making of contracts for periods exceeding one year, but any contract so
made shall be executory only for the value of the services to be rendered or agreed to be
paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and
obligation to pay under this Contract is contingent upon an armual appropriation by the
Legislature.
IV. ROADWAY LEVEL OF SERVICE
I) Fla. Stat. g 163.3180 requires that facilities funded through the Transportation Regional
Incentive Program adopt the level of service standards established by the
DEPARTMENT for the PROJECT limits.
2) The logical termini for the PROJECT are CR 951 from Golden Gate Boulevard to
Immokalee Road.
3) The COUNTY agrees that upon execution of this agreement the level of service for the
segment of (CR 951) between the logical termini specified in (2), above, shall be as
designated by the DEPARTMENT. Upon execution of this agreement the level of
service will be (D), subject to change by the DEPARTMENT without need to modify this
agreement.
4) The COUNTY agrees to update its comprehensive plan at the next amendment cycle,
scheduled to begin January 2007, and reflect the level of service change for the segment
of CR 951 (Collier Boulevard) between the logical termini specified in (2) above.
FINANCIAL PROJECT #420991-1-58-01
COLLIER COUNTY
Page 5 of 13
V. IN-KIND SERVICES AND RIGHT OF WAY DONATIONS (if applicable)
I) In-kind services are goods, commodities, or services received in lieu of cash payments.
Goods and commodities should be valued based on their current market value.
2) Property donated by local governments for right of way as the local share for a qualified
project, must comply with'1he requirements of the federal Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.c. 4601, et sec.,
and implementing federal regulations, 49 CFR Part 24 and 23 CFR Part 71 0, if federal
funds will be used in any phase of the project. Other requirements for the acquisition of
rights of way should be determined in accordance with guidelines established by the
Office of Right of Way.
3) The DEPARTMENT has established specific right of way acquisition guidelines for the
Transportation Regional Incentive Program. These guidelines can be found at
!illp://www.dot.state.fl.us/planning/TRIP/RW-contributions.I!M and are incorporated into
this Agreement by reference.
4) The excess of an in-kind match valued in excess of the required match will not generally
be applied towards another project. On a case by case basis, an exception may be made
for project segments in a regional corridor that are part of an implementation plan for that
corridor.
VI. INDEMNITY, LIABILITY & INSURANCE
I) INDEMNITY
A) To the extent allowed by law, the COUNTY shall indemnify, defend, and hold
harmless the DEPARTMENT and all of its officers, agents, and employees from any
claim, loss, damages, cost, charge, or expense arising out of any act, error, omission,
or negligent act by the COUNTY, its agents, or employees, during the performance of
the Agreement, except that neither the COUNTY, its agents, or its employees will be
liable under this paragraph for any claim, loss, damages, cost, charge, or expense
arising out of any act, error, omission, or negligent act by the DEPARTMENT, or any
of its officers, agents, or employees, during the performance of the Agreement.
B) When either party receives notice of claim for damages that may have been caused by
the other party in the performance of services required under this Agreement, that
party will immediately forward the claim to the other party. Each party will evaluate
the claim, and report its findings to each other within fourteen (14) working days and
jointly discuss options in defending the claim. A party's failure to promptly notify
the other of a claim will not act as a waiver or any right herein.
FINANL"L PROJECT #420991-1-58-01
COLLIER COUNTY
Page 6 of 13
C) The COUNTY agrees to include the following indemnification in all contracts with
contractors/subcontractors, consultants/sub-consultants, who perform work in
connection with this Agreement:
"The contractor/consultant shall indemnify, defend, save, and hold hannless the
DEPARTMENT and all of its officers, agents or employees from all suits,
actions, claimS, d't:mands, liability of any nature whatsoever arising out of,
because of, or due to any negligent act or occurrence of omission or commission
of the contractor, its officers, agents, or employees. Neither the
contractor/consultant, nor any of its officers, agents, or employees will be liable
under this section for damages arising out of injury or damage to persons or
property directly caused or resulting . from the sole negligence of the
DEPARTMENT or any of its officers, agents, or employees."
2) LIABILITY & INSURANCE.
A) The DEPARTMENT shall not be obligated or liable hereunder to any party other than
the COUNTY.
B) The COUNTY shall carry and keep in force during the period of this Agreement a
general liability policy or policies with a company or companies authorized to do
business in Florida, affording public liability insurance with combined bodily injury
limits of at least $100,000 per person and $300,000 each occurrence, and property
damage insurance of at least $50,000 each occurrence, for the services to be rendered
in accordance with this Agreement. However, in the event the COUNTY maintains a
self-insurance fund to cover such liability, the COUNTY agrees to maintain sufficient
reserves in the fund to pay the above-described liability limits. In addition to any
other forms of insurance or bonds required under the terms of this Agreement, the
COUNTY must comply or cause its contractor to comply with g7-13 of the
DEPARTMENT'S Standard Specifications for Road and Bridge Construction (2000),
as amended.
3) WORKERS' COMPENSATION.
A) The COUNTY shall also carry and keep in force Workers' Compensation insurance
as required for the State of Florida under the Workers' Compensation Law.
VII.
I)
COMPLIANCE WITH LAWS
The COUNTY shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, made or received by
the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant
such public access shall be grounds for immediate unilateral cancellation of this
Agreement by the DEPARTMENT.
2) The COUNTY shall comply with all federal, state, and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on the
grounds of race, color, religion, sex, or national origin in the performance of work under
this Agreement.
FINAN(;u<L PROJECT #420991-1-58-01
COLLIER COUNTY
Page 7 of 13
3) No funds received pursuant to this Agreement may be expended for lobbying the
Legislature, the judicial branch, or a state agency.
4) The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and
subcontractors are not agents of the DEPARTMENT as a result of this Agreement for
purposes other than those set out in g337.274, Florida Statutes.
. .
VIII. AUDITS
I) GENERAL REQUIREMENTS & MONITORING
A) The administration of resources awarded by the DEPARTMENT to the COUNTY
may be subject to audits and/or monitoring by the DEPARTMENT, as described in
this section.
B) Any reports, management letter, or other information required to be submitted to the
DEPARTMENT pursuant to this agreement shall be submitted timely in accordance
with Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
C) Recipients, when submitting fmancial reporting packages to the DEPARTMENT for
audits done in accordance with Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should
indicate the date that the reporting package was delivered to the recipient in
correspondence accompanying the reporting package.
D) The recipient shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of at least five years from the date the audit
report is issued, and shall allow the DEPARTMENT, or its designee, CFO, or Auditor
General access to such records upon request. The recipient shall ensure that audit
working papers are made available to the DEPARTMENT, or its designee, CFO, or
Auditor General upon request for a period of at least five years from the date the audit
report is issued, unless extended in writing by the DEPARTMENT.
E) The recipient shall follow up and take corrective action on audit fmdings. Preparation
of a summary schedule of prior year audit findings, including corrective action and
current status of the audit findings is required. Current year audit findings require
corrective action and status of findings.
F) Records related to unresolved audit findings, appeals, or litigation shall be retained
until the action is completed or the dispute is resolved. Access to project records and
audit work papers shall be given to the FDOT, the Department of Financial Services,
and the Auditor General. This section does not limit the authority of the
DEPARTMENT to conduct or arrange for the conduct of additional audits or
evaluations of state financial assistance or limit the authority of any other state
official.
FINANl.JAL PROJECT #420991-1-58-01
COLLIER COUNTY
Page 8 of 13
G) In addition to reviews of audits conducted in accordance with F.S. g215.97, as revised
(see "AUDITS" below), monitoring procedures may include, but are not limited to,
on-site visits by Department staff, limited scope audits and/or other procedures. By
entering into this agreement, the recipient agrees to comply and cooperate fully with
any monitoring procedures/processes deemed appropriate by the Department. In the
event the DEPARTMENT determines that a limited scope audit of the recipient is
appropriate, the recipient agrees to comply with any additional instructions provided
by the Department staff to the COUNTY regarding such audit. The COUNTY further
agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the FLORIDA DEPARTMENT OF
TRANSPORTATION Office of Inspector General (DIG) and Florida's Chief
Financial Officer (CFO) or Auditor General.
2) STATE FUNDED
A) Recipients of state funds (i.e. a non-state entity as defined by F.S. g215.97(2)(m)), are
to have audits done annually using the following criteria:
(i) In the event that the recipient expends a total amount of state financial assistance
equal to or in excess of $500,000 in any fiscal year, the recipient must have a
State single or project-specific audit for such fiscal year in accordance with F.S.
g215.97, applicable rules of the Department of Financial Services and the CFO,
and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement
indicates state fmancial assistance awarded through the DEPARTMENT by this
agreement. In determining the state financial assistance expended in its fiscal
year, the recipient shall consider all sources of state fmancial assistance, including
state financial assistance received from the DEPARTMENT, other state agencies,
and other non-state entities. State financial assistance does not include Federal
direct or pass-through awards and resources received by a non-state entity for
Federal program matching requirements.
(ii) In connection with the audit requirements addressed in paragraph (i) above, the
recipient shall ensure that the audit complies with the requirements of F.S.
g215.97(7). This includes submission ofa financial reporting package as defined
by F.S. g215.97(e), and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
(iii)lf the recipient expends less than $500,000 in state fmancial assistance in its fiscal
year, an audit conducted in accordance with the provisions ofF.S. g215.97 is not
required. However, if the recipient elects to have an audit conducted in
accordance with the provisions ofF.S. g215.97, the cost of the audit must be paid
from the non-state entity's resources (i.e., the cost of such an audit must be paid
from the recipient's resources obtained from other than State entities).
(iv)State awards are to be idenlified using the Catalog of State Financial Assistance
(CSF A) title and number, award number and year, and name of the state agency
making the award.
-
FINAN(,u\L PROJECT #420991-1-58-01
COLLIER COUNTY
Page 9 of 13
3) REPORT SUBMISSION
A) Records to be submitted to DEPARTMENT by or on behalf of the recipient should be
submitted to:
Florida Department of Transportation
Attn: Karen A. Miracola, District JP NLF A Coordinator
, . 2295 Victoria Avenue, Suite 292W
Fort Myers, FL 33901
(i) List of Records to be submitted to the DEPARTMENT include:
(a) Copies of financial reporting packages required in the STATE FUNDED
section 2 above of this agreement.
(b) Copies of reports or the management letteJ: required by the GENERAL
REQUIREMENTS & MONITORING section I)E) and I)F) above of this
agreement.
B) Records to be submitted to the State Auditor General's Office by or on behalf of the
recipient should be submitted to:
Auditor General's Office
Room 401, Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
(i) List of Records to be submitted to the State Auditor General's Office include:
(a) Copies of financial reporting packages required in the STATE FUNDED
section 2 above of this agreement.
IX. DEFAULT & TERMINATION
I) This Agreement may be canceled by either the COUNTY or the DEPARTMENT upon
sixty (60) days written notice.
2) If the DEPARTMENT determines that the performance of the COUNTY is not
satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the
Agreement, or (b) notifying the COUNTY of the deficiency with a requirement that the
deficiency be corrected within a specified time, otherwise the Agreement will be
terminated at the end of such time, or (c) taking whatever action is deemed appropriate by
the DEPARTMENT.
3) In no event shall the making by the DEPARTMENT of any payment to the COUNTY
constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant
or any default which may then exist, on the part of the COUNTY, and the making of such
payment by the DEPARTMENT while any such breach or default exists shall in no way
impair or prejudice any right or remedy available to the DEPARTMENT with respect to
such breach or default.
~_._-. -..-..-
----_.. .
FINANl.IAL PROJECT #420991-1-58-01
COLLIER COUNTY
Page 10 of 13
4) If the DEPARTMENT requires termination of the Agreement for reasons other than
unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the
COUNTY of such termination, with instructions as to the effective date of termination or
specify the stage of work at which the Agreement is to be terminated.
5) If the Agreement is terminated before performance is completed, the COUNTY shall be
paid only for that work satisfactorily performed for which costs can be substantiated.
Such payment, however, may not exceed an amount which is the same percentage of the
contract price as the amount of work satisfactorily completed is a percentage of the total
work called for by this Agreement. All work in progress will become the property of the
DEPARTMENT and will be turned over promptly by the COUNTY.
X. MISCELLANEOUS
-
I) All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in
any gender shall extend to and include all genders.
2) This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein.
The parties agree that all commitments, agreements, or understandings concerning the
subject matter of this Agreement are contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior
representation or agreements whether oral or written. It is further agreed that no
modification, amendment, or alteration in the terms or conditions contained herein shall
be effective unless contained in a written document executed by the COUNTY and the
DEPARTMENT.
3) If any part of this Agreement shall be determined to be invalid or unenforceable by a
court of competent jurisdiction or by any other legally constituted body having the
jurisdiction to make such determination, the remainder of this Agreement shall remain in
full force and effect provided that the part of this Agreement thus invalidated or declared
unenforceable is not material to the intended operation of this Agreement.
4) This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be
in Leon County, Florida.
5) An entity or affiliate which has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity.
FINANLAL PROJECT #420991-1-58-01
COLLIER COUNTY
Page 11 ofl3
6) 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, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier,,subcontractor, or consultant under a contract with any public entity
and may not transact business with any public entity in excess of the threshold amount
provided in F.S. g287.017, for Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
FINANL...L PROJECT #420991-1-58-01
COLLIER COUNTY
Page 12 of 13
IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement 10 be
executed in its behalf, by the Chairman of the Collier County Board of County Commissioners or
its designee, as authorized by Resolution Number , and the FLORIDA
DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its
behalf through its District Secretary or authorized designee: This Agreement shall become
effective on:
, .
Sept:elllbcr 26, 2 (}&6 Oc:Qj (k;,fl -4{ ~ ca!<>
/
.
,:" . ';\O~ltll 0,. ~ .
'j ,:) . . ~ ~].
....' .^,'--" '/
.~;. ,- ;.. ~ .', ;. ,-- - y", . -~~
~ -: .. . "-. . -., ,~.._~.- ; .'.......
" .'...... -. I -- .
~i,;';~S+"';" ',-rr', " I
~'1'"\.'-l:tltJi' ~ ',r,,' ., /\ .
, ~ ..). .;:. r ",c, . ']' \ --', . (;
, .-,4':"1>-.. '.~ - " -._'_ \ ,
, - '~';.1) ~ f" ",',' j~. ~
. '
COLLIER COUNTY, FLORIDA
.
'-
.
(
.
(SEAL)
TITLE
f.....
,
.' ..
~. """-;
'.,,,:;~,,. .._,. ,
'., ", {"'";.t"
....:'10 - ~., ,
DATE
Frank Halas, Chairman
PRINT NAME
9/27/06
DATE
.;.
,
.,.
,
..
COLLIER COUNTY LEGAL REVIEW:
BY:
STATE OF FLORIDA DEPARTMENT OF T
2.
BY:
SPORTATlON
AITEST
(SEAL)
DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
LInk 5', :;}ur{6I'L
PRINT NANlE
A V AILABILlTY OF FUNDS APPROVAL:
/OPr:'
DA
-
e
DATE
OF TRANS. LEGAL REVIEW:
/0-/' -06
BY:
[O,[g'06
DATE
~(Q)[f2)'')f'
State of Florida Department of Transportation
525-O10-4{)
PROJ MGT, RESEARCH & DEV OFC
OGC-11103
Pag81of12
fbr~ li!liillJD LOCAL AGENCY PROGRAM AGREEMENT
FPN N0415566-1 Fund: MG FLAIR Approo:
Federal No: 0581008 P Org. Code: 55014010106 FLAIR Obj.:
FPN No. Fund: SS FLAIR Approp:
Federal No: Org. Code: 55014010106 FLAIR Obj.:
County No. 03 Contract No: AN ,.;1.0 Vendor No.: F 596000558102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this \ I day of t./oy
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATI . an aqenc
hereinafter called the Department, and Collier County; 2671 Airport Road; Napies, FL 34112
hereinafter called the Agency.
WIT N E SSE T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida
Statutes to enter into this Agreement;
, .2 0t:J~ --
f the State of Florida.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
I i"hlin" and sidewalk and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the project
will be undertaken and completed.
1.01 Modifications and Additions: Exhibit(s)
A,S,RL
are attached hereto and by this reference made a part hereof.
2.00 Accomplishment of the Project:
2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with
all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all
applicabie laws. The project will be performed in accordance with all applicable Department procedures, guidelines,
manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this
reference is made a part hereof as if fully set forth herein.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/2008
If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in
writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of the Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or
other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to
undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including
Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
,
STATE QF-ADRIDA..gepAATMENT~lION
LOCAL AGENCY PROGRAM AGREEMENT
- - - - - 525-010-40
PROJECT MANAGEMENT OFFICE
,_
Page 1
FPN: 417350-1 Fund: HSP
Federal No: 1545 002 S Org Code: 55014010106
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
County No:03 Contract No: /i 0 L- 99
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
VendorNo:F596000558102
aH.... ---~ .
THIS AGREEMENT, made and entered into this L- day of.1-- ~ ,~ by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of th tate of Florida, hereinafter called the
Department, and the Board of County Commissioner, Collier County, Florida 3301 Tamiami Trail East. Naples, Florida
34112 hereinafter called theAgency. .
W IT N E SSE T H:
WHEREAS, the Agency has the authority to enter Into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida
Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in paved
shoulders and as further described In Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter
called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions
upon which such assistance will be provided and the understandings as to the manner in which the project will be
undertaken and completed.
1.01 Attachments: Exhiblt(s) A, B anej 1 are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in Exhibit 'N with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be performed In accordance with .all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is
made a part hereof as if fully set forth herein. Time Is of the essence as to each and every obligation under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
Removal of Any Unbllled Funds
If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the
project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of
State appropriation authority (which may Include both federal funds and state funds, if any state funds are on the project),
Agency will be responsible for the remaining un billed funds on the project. No other funds will be provided by the
Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly
related to Federal (FHW A) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or
nonperformance. In addition to loss of funding, the Department will consider de-{;ertificalion of said Agency for future LAP
projects.
t- .-
...... "',,'_ '_'_"'_'",'._"___',,'w__...'_ _,.._"_.............,..,
-."..--,....-.. ,"-- "-'-""-' ........ """,-
..+-... ". -,.""'". ---~"'-
t.JHJr,$ I ~ D I
EXHmlT A
10 E
i
Disbursement Schedule Form
Total SIB Loan Amount:
$12,000,000
Total SIB Commitment:
$12,000,000
SIB Estimated Disbursement Schedule:
Month, Day, Year
March 22, 2007
Amount
Balance
$12,000,000
$0
Based on estimated annual expenditures and the Department's historical cash flow rates.
29
--. ,. -....-"'.--..-
'----""-".
-"----"'''-
lOr:
EXillBIT C
~.....
Disbursement Request Form
TOTAL SIB LOAN AMOUNT:
$12,000,000
DATE OF THIS DISBURSEMENT REQUEST:
AMOUNT REQUESTED FOR THIS DISBURSEMENT: $
BALANCE OF LOAN TO BE DISBURSED:
$
CONTRACT NUMBER:
FINANCIAL PROJECT NUMBER:
420655-2-58-01
Warrant should be disbursed to:
Name:
Title:
Address:
Telephone Number:
E-Mail Address:
Per Section 10.03 Loan Disbursements of the State Infrastructure Bank Loan Agreement, I
certify, to the best of my knowledge, $ ____ in expenses has been incurred on the
I-75/Immokalee Road Interchange Improvements project and these costs are eligible for
reimbursement and use of the SIB funds.
Signature
Printed Name and Title
31
---.- - ,-
qafJfl5S
ARTICLE IX - INSURANCE
10 E
The Agency shall cause the Project to be and remain insured by an insurance company or
companies licensed to do and doing business in the State against loss or damage due to any
accident or casualty. Such insurance shall remain in place for the useful life of the Project.
The Proceeds of insurance policies received as a result of damage to or destruction of the
Project shall be used to (i) restore or replace damaged or destroyed portions of the Project, (ii)
with the written consent of the Department, repay all or a portion of the Loan, or (iii) any
combination of the foregoing. If such insurance proceeds are insufficient to restore or replace
damaged portions of the Project, the Agency shall provide additional funds to restore or replace
such portions of the Project. Repair, construction or replacement shall be promptly completed.
ARTICLE X - DETAILS OF FINANCING
10.01. PRINCIPAL AMOUNT OF LOAN.
The Department agrees to lend to the Agency, and the Agency agrees to repay the
Department the Loan at the times, in the amounts and in the manner set forth in this Agreement.
The principal amount of the Loan as of any date shall consist of the aggregate Disbursements (as
defined below), plus [if applicable] Capitalized Interest that has accrued and been added to the
principal amount of the Loan, plus interest other than Capitalized Interest, if any, that has
accrued and becn added to the principal amount of the Loan, lcss the aggregate principal
component of all Loan Payments made, all as of such date.
~ The estimated principal amount of the Loan as of the date of the first Loan
'?f Payment is $12,000,000, which consists of the amounts scheduled to be disbursed to the
Borrower in the amounts and at the times set forth in Disbursement Schedule attached hereto as
Exhibit A (each such scheduled disbursement a "Disbursement").
10.02. FINANCING RATE.
Beginning on the date which is 22 months prior to the first Loan Payment, interest shall
accrue on the principal amount of the Loan at the Financing Rate (defined below) [Note: this
assumes an amortization schedule where the payments are made at the end of the payment
21
-~"---'--"---"'-'---
.,
"'--'---
-.-.._-------~..,-_._-
~ FM # 420655 1 5201
COLLIER COUNTY
FIRST ND TO
LOCALL DED LUMP SUM AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND COLLIER COUNTY
FOR 1-75 @ IMMOKALEE OVERPASS INTERCHANGE IMPROVMENT
lOE
When signed by COLLIER COUNTY (hereinafter, "COUNTY") and the STATE OF
FLORIDA, DEPARTMENT OF TRANSPORTATION (hereinafter, "DEPARTMENT") in the
places provided below, the following shall constitute the 1 st AMENDMENT to the LOCALLY
FUNDED LUMP SUM AGREEMENT BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR 1-75 @
IMMOKALEE OVERPASS INTERCHANGE IMPROVEMENT for PM # 420655 I 52
(hereinafter, "AGREEMENT").
A, All expressions used herein, unless herein separately defined, shall have the same meaning
herein as in the Agreement.
B. Except as expressly or by necessary implication modified hereby, all provisions of the
Agreement shall remain in full force and effect in accordance with their terms but in the
event of any inconsistency(ies) between the provisions of the Agreement and the provisions
hereof, the latter shall prevai I.
C. The following WHEREAS clauses are added after the 2nd WHEAREAS clause in the original
AGREEMENT:
a. WHEREAS, this Agreement is sanctioned pursuant to Florida Statutes 334.044 and
339.12(2005), and the COUNTY has authority to enter into this Agreement and fund the
COUNTY'S portion of the PROJECT costs, as agreed herein, which shall be incurred by
the DEPARTMENT;
b. WHEREAS, in order for the COUNTY to contribute to the construction costs funding
portion the DEPARTMENT and the COUNTY have entered into a STATE
INFRASTRUCTURE BANK LOAN AGREEMENT (hereinafter, "SIB LOAN"); and
c. WHEREAS, the COUNTY wishes to assign to the DEPARTMENT all invoicing and
payment rights under the SIB LOAN for construction performed by the DEPARTMENT
as it relates solely to the DEPARTMENT'S partial recovery of construction costs funding
portion of the PROJECT; and
d. WHEREAS, a Lump Sum Locally Funded Agreement is needed and required to define
the specific contributions to be made by each party, and to clarify that regardless of the
ultimate cost of the PROJECT and regardless of the ultimate cost of the 1-75 @
Immokalee Overpass Interchange of the PROJECT, the COUNTY's contribution
hereunder is limited to (a) the sum of SIXTEEN MILLION FIVE HUNDRED
TWENTY-ONE THOUSAND FOUR HUNDRED FlFfY DOLLARS ($16,521,450.00); ..lI..
and "'"
D. Paragraph a in section I of the original AGREEMENT is deleted in its entirety and replaced
FM # 420655 1 52 OJ
1" AMENDMENT TO LFA w/COLLlER COUNTY
Page 3 of3
, .
" ,
~
ACKNOWLEDGED AND AGREED TO:
,
,
, '.
,
COLLIERCOUNTY, FLORIDA
..':' ',. .
<. ,-
. ",,- ......
," ".
ATIE~' ..' ".'
,', \fU
, ',' 1'",' .""f:'ii.:..... '-.,-
C RK'''',' ':. .,'"",;.....J ,,:.::.:';ct(!;eal)
, ~.n~'u'i'~~:~~~:, ~.:
:s ~ lal~:Y'
,
Date
TITLE: Chairman,
Collier County Board of Commissioners
Print Name: Date
James Colella
Collier County At me Legal Review:
By:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
\" ):.
EtEC
.
)
! "...
l~'
By:
~ .
,
LCL
SECRET A~Y
(Seal)
DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
,(~ t\
Print Name
,
{ \Jlr\.f/~I J
Print Name
)
t / / +,
'. . . .~" .
("~ II '
.7.,),- l'1-
Date
A vailability of Funds Approval:
Fla. De t. of Trans. Legal Review:
/
Date
5'-20,01
Date
By
--.--.-
ACKNOWLEDGED AND AGREED TO:
FM # 420655 1 52 01
1" AMENDMENT TO LFA w/COLLlER COUNTY
Page 3 of3
','
-
L \,
COLLIERCOUNTY, FLORIDA
~~
.'~.\'.-:~~...:. .
Date
TITLE: Chairman,
Collier County Board of Commissioners
Print Name:
James Coletta
~~~I~~A27:::;ceView;} IW~ 7
I Date
Date
ATTEST
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
:i1 '
(Seal)
, \,),\,f/~c- ).
Print Name
t / (' Lj
{\ \ . I "I ~
'7 - - i I
. J'.;( l T'
Date
Availability of Funds Approval:
By
Date
By:
k
DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
fY1.(~ ~~, G. ~t
Print Name
~/10/0,1
Date
Fla. De t. of Trans. Legal Review:
/
r
SZool
Date
1:'.'; C.
.
/
FCT Contract Number 0'7 oCT.. A". O"'~ FfQ:IJJ::.. 0'1)
FLORIDA COMMUNITIES TRUST
..06.043-FF6 .
. GORDON RlVERGREENWAYPARK
CSF A # 52002
q.q mill ior,
GRANT CONTRACT
THIS AGREEMENT is entered into by and between the FLORIDA COMMUNlTIES mUST
("FCT'), Rnon-regulatory agency wi!hin the State of Florida Department ofCommunilyAffairs,aild
COLLIER COUNTY, a local governinent of the State of Florida ("Recipient").
TillS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, the intent of this Agreementis to impose terms and <:onditions on the IIlle of the
proceeds of certaln bonds, herein.a.lter described, and the lands acquired with such proceeds ("Project
Site"), that are necessary to ensure c.ompliance with applicable Florida law andJederal income litx
law and to otherwise implement the provisioDll ofSectioDs 259.1 05, 259.1051 and Chapter 380, i'art
III, Florida Statutes;
WHEREAS, Chapter 380, ~art ill, Fill. Stat., the Florida Communiti"'l Trust Act, creates a
non-regulatol)' agency within the Department of Community Affairs ("Department") which wiJ!
assist local govemmenls in bringing inlo compliance and implementing ihe conservation, recreation
and open space, and coastal elements of their comprehensive pllmS or in conserving natural resources
and fes(llving land use conflicts by providing financial assista.w.:e to local governments and nonprofit
environmental Orgllni:rn/i(lns to caJry out projects and activities authorized by the Florida
Communities Trust Act;
. WHEREAS, FCT is funded through either Section 259.105(3)(c}. FIa Stat. of the Florida
Forever Act, which provides for the distribution of twenty-two pel'CCnt (22%), less certain .
reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other
revenue source designated by the Florida Legislature to provide land acquisition grants to l(lcal
governments and JlQoprofit environmetlUll organizations for the acquisition of community-bas~.
projects, urblln open spaces, pwb and ~CX;llwayS 10 implement local comprehensive plans;
WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds. meaning
the interest on the bonds is eXcluded from the gross incOme of bondholders for federal income la'i
purposes;
.
WHEREAS, Rule 9K -7', floridaAdministrative C(lde ("F .A.C.") sets furth the pnx:edures for
the evalUlltion and selection oflaDds proposed for acquisition lllId Rule 9K..8, F .A.C. sels forth the
acquisition procedures;
..
.'.
WHEREAS, on September 14; 2006 the FCT Governing Board scored, ranked lIl1d selected .
projects to receive approval for funding;
0/i.043-FJ!6
Oell7,l006
I'r..aeqaillllob
-1..
n. MODU'ICATION OF AGREEMENT
1. Either party may requeStm(ldifieationofthe provisions (lfthis Agreement at llIlytime.
Changes which are mulually agreed upori shall be valid only when reduced to writ~ and duly
signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement.
1lI. DEADLINES
. .
I. At least two original c(lpies of this Agreement shall be exeCuted by the Recipient lUld
retllfficd to the Fer office at 2555 SbUl11ll.rd Oak Boulevard, Tallahassee, .FL 32399..21 00; as soon as
possiblc and before November:W, 2006. If the Recipient requires more than one original documen~
the Recipient shall photocopy the number of additional copies needed and then execute each as an
original document. Upon receipt of the signed Agreemeirts, FCT shall execute me Agreements,
retain one oog; nal copy and return all other copies that have been executed to the Recipient, .
2. The Recipient and its representatives shall know of and adhere to all proj eet deadlines
and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as
deadlincs associated with anyFCT activily relating to the project, shall be strictly enforced. Failure
to adhere to deadlines may result in delays in the project, allocation of time or resources to other
. recipients that respond timely or the termination of this Agreement by Fer.
3. The Recipient shall submit the documentation required by this Agreement to FGT as
soon as poasible so that the Project Costs may be reimbursed in an expeditious manner.
4. The Recipient shidl provide a monthly slams report to PCT of its progress towanls
.reimbursement of the Project Collis.
. .
5. The Recipient shall provide the appraisal{s) reqUired by 9K-8.007, F.A.C. to FCT fur
review by a date not to exceed ninety (90) days after the Recipient's project is selected for funding.
The appraisals shall be reviewed and. upon approval, the Maximum Approved Purchase Price
("MAPP'?, as provided in Rule 9K..g.007(5) nnd (6), FAC., shall be determined.
IV. FUNDING PROVISIONS
. .
I. 1be FC'f Honda Forever award granted t(l the~dpicnt ("FCT Award") wiJI ip no
event exceed the lesller of Sixty Percent (60%) of the final Projcct Costs, as defined in Rule 9K-.
7.002(29}, FAC., or Nine Million Nine. Hundred Thousand Dollars And Zero Cents
. ($9,900,000.00), unless FCT approves a different amount after determination of the MAPP.
The peT Award is based on the'Rf:cipierit's estimate of final Project Costs in its appllcation, as well
as the Limitation of Award provided in Rule 9K-7.003(3), F.A.C. and advertised in the Notice of
Application. When disburiiing the FCT Award, FeT sba11 recogrnze only those Project Costs
consistent with the definition in Rule 9K-7.002(29), F AC. FeT shall partiCipate in the land cost at
either the 8.L1ua1 purchase price or the MAPP, whichever is less, multiplied by the p~t stated in
the above paragraph.
06-043-FF6
o.t 17,2006
Pl"&-ilIIcquJiIIltllJD
-3.
- ,.~ "-~"-"'''.'.'-, <..,'-,'.'"
,
.
.
.
,
.
~ .
.
C. BUDGET:
Line Item: CDBG Funds Other
Architectural Fees, Engineering Fees,
Soil Borings, Survey, Site Development
Plan, SFWMD PClluits, Building Permits,
Construction, Road Impact Fees, SDP
Building Permits, Landscaping, Asbestos
Program Year 03-04 Subtotal $83,000
Program Year 04-05 Subtotal $255,000
Program Year 05-06 Subtotal $255,000 273,107.64
Furnishings 50,000.00
Land Value 11,000.00
Total
-
$593,000
+
334,107.64
TOTAL PROJECT COST
$927,107.64
Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs
are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for
determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to
FAH, on behalf of the County, as the Grantee, for FAH approval, in a form specified by FAH.
D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B
(Project Scope) and C (Budget) above, if applicable.
E. ASBESTOS REOUlREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors'
compliance, with all applicable requirements for construction work in connection with the Project fimded
through this Agreement.
F. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage
decision for the project prior to advertising the construction work. The SUBRECIPIENT shall
incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis-
Bacon Act in its construction bid solicitation and sub-contract(s).
E. BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMB
Circular A-I 02 (Uniform Administrative Requirement for Federal Grants to State and Local Governments)
and 24 CFR Part 85 in regard to any bid guarantees, performance bonds, and payment bonds.
Collier County Parks and Recreation Department
Page 4 of5
/
/
/
. . ORIGINAL
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AGREEMENT
{
THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (hereinafter referred to as DISTRICT) HEREBY
ENTERS INTO THIS AGREEMENT WITH:
Name: COLLIER COUNTY STORMW ATER
MANAGEMENT DEPARTMENT
Address: 2685 S. Horseshoe Square
Suite 212
Naples. FL 34104
Project Manager: Mr. Iohn Boldt, P.E., P.S.M.
Telephone No: (941) 732-2501
Fax No: (941) 774- 9370
Hereinafter referred to as: COUNTY
PROJECT TITLE: GA TEW A Y TRIANGLE STORMWA TER IMPROVEMENTS
This number must appear on all Invoices and Correspondence
C-12252
N1A%
The following Exhlbits are attached hereto and made a part of this AGREEMENT:
Exhibit "A" - Not Applicable
Exhibit "B" - General Terms and Conditions
Exhibit "C" - Statement of Work
Exhibit "0" - Payment and Deliverable Schedule
Exhibit "E" - Not Applicable
Exhibit "F" - Not Applicable
Exhibil "0". Not A licable
TOTAL AGREEMENT AMOUNT: 49.000.00
Multi-Year Fundlug (If Applicable)
Fiscal Year:
Fiscal Year:
Fiscal Year:
.Subject to District GovemJn~ Board Annual Bud~et Appro\'OiJ
AGREEMENT TERM: Ondl Yeur
District Project Manager: Mr. Clarence Tears
Telepbone No: (941) 597-1505
Fux No. (941) 597..1987
SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT:
Exhibit "H" - Not Applicable
Exhibit "I" Not Applicable
Exhibit "I" - Not Applicable
Exhibit "K" Not Applicable
Exhibit "L" Not Applicable
Exhibit "M" - Not Applicable
AGREEMENT TYPE: Firm Fixed Price
FIsca1 Year:
FIscal Yeur:
Fiscal Year:
South Aorida Water Management District
3301 Gun Club Road
West Palm Beach. Florida 33406
Atte{ltion.;. Procurement Division
EFFECTIVE DATE: Las! Date ofE\ccutln[J Iw lilt: P;lrril':-'
District Contract Administrator:
Linda Greer (561) 682-6396
Fax No.: (561) 682-6397 or (561) 681.6275
SUBMIT NOTICES TO THE AGENCY AT:
COLUER COUNTY STORMW A 'fER
MANAGEMENT DEPARTMENT
2685 S. Ho",e,hoe Square
Suite 212
Naples. FL 341M
A(lentian: Mr. John H. Boldt. P.E. P.S.M.
IN WITNESS WHEREOF. the authorized represenlative hereby executes this AGREEl\tIENT on this date. and accepts all Terms and
Conditions under which it is issued.
COLLIER COUNTY STORMWATER SOUTII FLORIDA WATER MANAGEMENT DISTRICT
MANAGEMENT DEPARTMENT
Accepted By:
orized Rcprcscmauyc
n-.... Accepled By:
F. Frank Hayden, Acting Procurement Director
Dale:
)ti;~;#i--- C~
~ t-r-
, - '8' - 01
Dale:
Title:
A.ppI'OIlIi..tot~
._..~ ~
Date S/7 /. (
autr1ci.!t.cC'.,
.
.A:!A~tn.I~t I~I)'.')~; ',t:;'.r-
.
.
EXHIBIT "C"
Cooperative Water Resource Projects Funding Program
South Florida Water Management District/Big Cypress Basin
Fiscal Year 2001
C-12252
Collier County Stormwater Management Department
Gateway Triangle Storm water Improvements Project
Detailed Descrjption ofProi~
The Gateway Triangle Stormwater Improvement Project (GTSIP) is a retrofit project
currently under design by an engineering consultant for the County Stormwater
Management Department (County). The project location is the triangular shaped area
bounded on the north by Davis Blvd., on the south by US-4I, and on the east by Airport
Road. The area is a mix of older commercially zoned properties adjacent to older
residential properties. Many of the businesses within this area are related to automobile
repair/sales or the building industry. Being an older developed area, the drainage
facilities consist of roadside swales that are frequently crossed by driveways. Most of the
area is very low lying with elevations ranging from approximately +4.0' to +6.0' NGVD
for the parking lots and roads and +1.0' to +3.0' NGVD for the swales and culvert
.
inverts. General maintenance of the drainage facilities within the project has been
sporadicJo non-existent. The area, especially the western portion, is subject to frequent
street flooding and occasional flooding of some businesses and homes.
.. '-'
The Gataway Triangle area is adjacent to two of the major routes into the City of Naples.
. .
As such,-,pere is much interest in improving the appearance of this area through e,
redevelopment activities. The County's engineering consultant has prepared a
preliminary analysis of the storrnwater drainage problems and alternatives to resolve the
problems. The proposed drainage improvements primarily consist of the installation of a
storm drain system in selected locations to provide increased conveyance capacity. One
vacant 2.5 acre parcel for a storrnwater detention pond site has been purchased by the
County to provide water quality treatment ability for a portion of the project area. The
County's epgineering consultant is preparing the storm drain design drawings. for
permitting !!Jld construction this fiscal year.
.
In addition to providing improved flooding protection to the businesses and adjacent
residences, the County is concerned about the provision of improved water quality
treatment to the stormwater discharge into nearby sensitive tidal waters. Being an older,
low lying commercially developed area that has a lot of automotive repair/sales
businesses, there is currently no provision for the treatment of stormwater that discharges
into Naples Bay just south of the US-4 I Gordon River Bridge. This area, with its
concentration of businesses, increases the probability of hydrocarbon based pollutants
(oils and greases) entering into Naples Bay.
AGREENENT NO. C-12252. EXHIBrT "Coo. PAGE 1 OF ~
EXHIBIT ''0''
C-12252
PA YMENT AND DELIVERABLE SCHEDULE
TASK DELIVERABLE DUE DATE SFWMD
PA YMENT
Task#! Preliminary Design of Stormwater 3 months from $0.00
Improvement Project contract execution
Task #2 Obtain permits for construction of the 4 months from $0.00
proiect contract execution
Task #3 Final Design and Bidding 3 months from $0.00
contract execution
Task #4 Construction of Stormwater Improvement One year from $49,000.00
Project contract execution
SFWMD $49,000.00
Total:
.
..
.
.
.
,
Exhibit "D" to Agreement C-12252. Page I of I
8
ORIGINAL
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
OT050976-A02
SAP# 3600000933
AMENDMENT NO.2
TO CONTRACT NO. OT050976/ SAP 3600000933
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY
This AMENDMENT NO.2, entered into on .to
that CONTRACT dated May 31, 2005, between "the Parties," the South Florida Water
Management District (DISTRICT), and Collier County (COUNTY).
WITNESSETH THAT:
WHEREAS, the CONTRACT may be amended with the prior written approval of the
parties; and
WHEREAS, the parties wish to amend the CONTRACT in order to increase funding,
and modify the Payment and Deliverables Schedule of the CONTRACT;
NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as fol.lows:
1.
The monetary consideration for the CONTRACT is hereby increased by an amount not-
to-exceed One Hundred Thousand Dollars ($100,000.00), for a total revised
CONTRACT amount not-to-exceed Eight Hundred Fifty Thousand Dol.lars
($850,000.00).
~
2.
The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit
"02", attached hereto and made a part of this AMENDMENT NO.2.
3.
This AMENDMENT NO.2 shall be effective upon the date of execution by thc parties.
4.
All other terms and conditions of the CONTRACT. as amended, remain unchanged.
Amendment No. 2 to Contract No OT050976 SAP 3600000933 -- Page I 01'2
e'.
'fJ ".'-:C'
., oJ
South Florida Watar Management District
P.O. Box 24680
West Palm Beach, FL 33416-4680
Telephone (561) 6868800 Exl 6391
PURCHASE ORDER
FLORIDA SALES TAX EXEMPTION #B5-B013149859C-9
FEDERAL TAX EXEMPT #5IH4-0072K
- ,
Toll Free Line 1-800-432-2045 ~~l:K[>..fl_ES~tACKING LISTS, WV'&~~S. 'cKM<;
AND CORR SPONOENCE
ALL ITEMS ARE SHIPPED F.O B DESTINATION UNLESS
FREIGHT CHARGES ARE ITEMIZED BELOW 4500004768 PAY WITHIN 30 DAYS NET
PAGE NO I DATE OF ORDER EST DELIVERY DATE
2012 10/31/2006 10/30/2007
VENDOR NO. I PURCHASING AGENT F.OB CONFIRMING
501489 RYAN, PATRICK DESTINATION NO
V COLLIER CNTY CNTY MGR
E 2885 HORSESHOE DR S
N NAPLES FL 34104
D
o
R
S SOUTH FLORIDA WATER MANAGEMENT DISTRICT
H LOWER WEST COAST SERVICE CENTER
I 2301 MCGREGOR BOULEVARD
P FORT MYERS FL 33901
T
o
Line Quantity Un~ Part Number and Description Unil Price T olal Amount
PL~~ E AC'5~ gYl/LEDGE RECEIPT AND ACCEPTANCE 0 THIS PURCHA E
ORDE ~BY SI NING AND RETURNING A COPY VIA FAX T( THE PURCHASI G
AGEN AT 561 82.5757.
ACKN WLEDG .MENT:
BY (PI INTOR YPE):
. ';:I';i :U,I
FAXE .... t .,,'
.
.
NOTE: ,Prices displayed govern 1118 purchase order transaction Page Total 0.00
. Early payment discount Invoices "'coive priority handling
" The attached Purchase Order terms & conditions, pages. 1 through 2 ./lGrand Tolal 100,000 00
apply /~N.
SEND ALL INVOICES TO: ~ ;;C _____
South Florida Water Management Dlsbict Aulhorlzod Agent .E"
P.O. Box 24582 SOUTH FLORIDA WATER MANAGEME DISTRICT
LINE ITEMS OF YOUR INVOICE MUST MATCH LINE ITEM NUMBERS ON THIS DOCUMENT
W85t Palm Beach, FL 33416-4682
An Equal Opportunity Employer. MIFIIW
t'''-""-_.
EXHIBIT "D2"
PAYMENTANDDELnffiRABLESSCHEDULE
. A summary deliverable and payment schedule associated with this project is set forth below.
Specific deliverables associated with each task are in the summary table below. Due dates
for all deliverables are set forth below. All deliverables submitted hereunder are subject to
review and acceptance by the District. Acceptability of all work will be based on the
judgment of the District that the work is technically complete and accurate.
. Payment shall be made following receipt and acceptance by the District of project invoices in
accordance with the schedule set forth below. All invoices shall be accompanied by adequate
documentation to demonstrate completion of each task in accordance with Exhibit HC"
Statement of Work requirements.
. Total payment by the District for all activities hereunder shall not exceed the amount of
$850,000.00. The District's cost share amount shall not exceed 50% of the total project cost.
~""~'f"'1'- _.'.:;J"'-~'1'''''''' ~ !)'''';;'"f''-~!'--J;f7L~TI=f:1''"'-'' .,,:;-,-r e ~~7 ",~"".,~r ",,'~ - - J" r -.' . -'"l
t' IH'>..rf,,"~h ~.~.: pHl~*' n it- ~ ,f--'f"l \f:p~"'i'~~':.q'J-"fj~"\~~e 'r ')', f ~'tP ~4q" I .' II' i
fl1:-';'~;"'.' ';<C~"Ol"~t,.:,_j,I.<7t'~.f":\ ';",.J,' '''','.'1 _",' r . , 't,,:,
iP ','h ,~"<,, ,1'~ " I ) i~_l, '!\:<;~-id~"" "~~"i, \1" !~};<'I~ 'P "'d!- ..'~ h, !i '. " ~"ltOdl
~ < ., , , " ~,. ~ ...., ,~ ., ,j. . ,I." , ,_ .. '. ,'"
. ~"-ll .>nh)t. >" JH,,~ltp'''~ (" i~...!q~)l.ld't,Cj~( T"j ,.t' <1,,:1 ~" "'t1~1,~
~. _ ~ ~ ~ ~~-.: '~ti:!JL~ _1"~~" :,;.,~ "_~;,H;:::.~~_~~lji~if.U2~E} I t~~ ~j f'~ Uip , ;.:'l- .l! 'I I,W I' tir':l!':~ I I ,.: ~"" _ " '\ :_~;~1::1t
! ,
Design/Permitting / - "'1, itJIOi
60% Design Plans Complete JJOo;OOO
~ \\'
100% Design Plans and ] month $150,000 ,
Pennits ' .~~ i
Task 2: Construction Notice-to-Proceed with 4 months $50,000 -'
Bidding Construction
Task 3: Construction 50% Completion Certification 10 months $500,000 " ,
I
(note I) Construction Substantial 16 months nJa
Completion Certification
Task 4: Final Letter Final Letter Report with 18 months nJa
Report Certificate of Completion ~
. NOT-TO-EXCEED PROJECT TOTAL $850,000
cPl/LVlvc;
\{i
c:.
v
· All dates are referenced from the date of execution of this amendment and are estimated.
.. The District shall only be obligated to pay for documented actual expenditures within the not-
to-exceed amounts specified above. In the event actual expenditures by the County are less than
the not-to-exceed for a particular task, the County shall have the right to apply the unexpended
balance towards a subsequent task. The County shall provide written notice of its decision to
exercise this right. In no event shall the District's total obligation exceed $850,000 as specified
above for this agreement. The County is responsible for any additional funds either through
local revenues, grants, other appropriations, and/or other funding sources.
Note I: Pay requests for construction may be submitted quarterly.
Page 1 of 1, Exhibit "D2", Agreement No. OT050976.A02 SAP 3600000933
.
a.-....
'0
ORIGINAk,
, .
SOfJ1H FtORIJ)A WATEA MANAGEMENT O"STtU~t
'. .~MENDMENT ';:J~.,
OTOCit14IlJ-AO),
SAP J6lIflllfll1l71
\Mfi:NOMF.NT NO. III
','" .
TO CONTRACT NO. OTfl611483/SA P J/,II11flflIll71
nETW[I~N Till':
SO liTH H,tHUIlA WArlm ~"'NA(;F,I\IEN r OISTHICI
\Nll
('OlMfJi ('t~lii\IY
rhis AMENDMF::'H NO. ill _ e'nlcr~d In", "" JUt ) U IDOl [d
Ihilt CONTIlACr dilled .\prJl I' 01)1)(, kl\\ccl1 'Ihe' l\lIlle'," Ih., ,~""Ih Fld,.;,!:, \\ "Ie'l'
~lallagclllcl1lllistricl i /lISTHICT I. "lid Collier ( \11.1111\ I (t)(: ,""T' '
~\ITNFSSr-:TII TlL\ /':
\HIf:I{h\S. the CON'IK-\( I' may he dlllenekd \\nl1lh.: 1'1"1<11' 'Hillen ,IPpl'l'\dllll'llw
rarti~s; ulld
WHI:RI:AS. Ih" pilruc, "!\I, III illlk'lld llie CO"l /'((,-\('1 11\ IIrdcl 10 itler,'ase Iltlldiil~:
illlO J'C\'ISt: thL' Pa~ml.:nl Wltl J)\"!r\ ~~rahk S.:heduk'.
WIIEHE;\S. Ihe lj",nning Uoard "fill" IlISlIUt I. allts\pnll~, ~(It17 meeting.
appl'll""" "Ilt~ring imu Ihis A\-U.:NUMF.;'I/'r ,'10. III wilh Ih,' COLI NT)': 'lIld
NOW lfIEREFORE, lhc OISTN)("r ami the (OliN.,.\:, In Ullhideflllioll "i' Ihe mlllllaJ
bCllctil; n\\\ving thll11 each lolhe "lhcl', do hereby ;terce,,, lull'HH
I, This AME:'/UMENT NO. III ,ball b" dkdi,,' Ilpolllhe dale' Ii ,,:,eclltlon by i11" P:lllics,
2, The monetary ,;oll.klcmtillll /lor the CONTI{.\CT I:; ]krdlY IIlelcasl'" h~ '"l al11\>llllt 1\01-
fo-ex,:c,."d 111ree Hlllldred Nilld) .. il'e lI1lHlSillld d,)II,", ($395.UOO.OO). fur a 11)lallC\b(([
('ONTI{ACT all1oul1lnut-to-cxce"d Se"'n fll\ndr,," Nil\d:, Fiw rl1l'lI'''lJIlI ,loll"",
1$ 795 .000. 0111
.'\lllcnJI1H..'nt ]\" Ii!: t..'f!J()!,I.il{, 'S.\P ~')(jl}!jtJ1U11 Pd,;.:,....! \,'j'2
8)
SOUTH FLORIDA WA.TER MANAGEMENT DISTRICT
AMENDMENT
3. The Payment & Deliverable Schedule is also hereby revised in accordance with Exhibit
"DI", attached hereto and made a part of this AMENDMENT NO, 01.
4. All other terms and conditions of the CONTRACT. as amended. remain unchanged
IN WITNESS WHEREOF, the parties or their duly authorized represcntBtivcs hereby
execute this AMENDMENT NO. 01 on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
By:
'"
"
.,
.1:1-
SFWMDPR~MENT~~I7. _
By i'~~
Date: f.t.. .30 - .q,OO~
COLLIER COUNTY.
DATED: lC" I Iz..(c-=/
^T"r!Si: .
~CK.. CLE~
. ',' .. .'-~Q.l.~(
c.
.\t te st B~, to 01411'111I ,
,"1 ~.ture 01\ I, .
By:
,.~
,.:~1/ .:
Boar~.'~f Co ler County Commissioners
James Coletta, Chairman
(g / "2./07
Date:
Amendment No. 01 to OT060483 lSAP 3600001071- - Page 2 of2
EXIIIBIT "1)1"
I'kYML"T .\\,'Il DELlYFRAIlLES SCIIEDlJI,L
. A summery deliverable Cllld P"YlllCllt sdreciltle ibsocin1cd with this project is set torlh
below including specific ,1,'livcrllbks assOCi;rled I' ith e;rch task ;rnd duel dates for aii
deliverables.
,. /\11 deJiverables submitted hereunder are subject to review and acceptance by the
District Acceptability of "il work wii! be based on the judgment of the District 1hal
the work is techllically c""Wlelc Illld.iccllclie.
. Payment shall be made following rec'eipt and i!CCcptancc by the District of project
inv(lices in accorLld:1Ce ,'ith ;11C SChL'duk~ set f()rth hchn\' All involces shall be
accoll1panied by :ldcqU<l1c (1oCl'!llcni;,flon to (il'\llonstr:itc complctlon of each task in
accordance with Exhibit '"C' St<:temcnt ofi\'C1i;' re"l1i!en.2:l1s.
. Total payment by the District for ail activiti,'s hereunder 5h811not exceed the amount
of $795.000. Total project cost is estilllltled to be ~5.IIO.OOO. The lJistricls cost
share amount shall nOl exceed 50% oflhc lotal project cose
. If the total consideration for lhis AGREE\ lENT is slJJject to multi-year flmding
allocations. funding for each applicable liscl \'(~,11 of Ihis AGREUvlENT will be
subject to C]overnl11g B.)<,,'d budgetary i'l'propriation In the event the DISTRJCT
does nOl approve funding for any subsequent fiscal year. Ihis AGREEMENT shall
terminate upon expenclIll1,'C of the cllrrent hl11dmg, n01wlthstandlf1g other provisions
111lhis AGREEMENT to ,he coni",,, v.
I J'ask
I
IJ k 1 C
i as 'ODst
,
Lelv Branch (
..
4] to K.inus L
-
. I )l.'1 i \"",'I";J hl\.~" Dl11C~' !listric! 1
. Due '1\ (l (~
I ! (r;rolll contract to-Exceed !
I I
I L\\..>CU(!Oll) Pa'vlllcn1 .
i
TIIetion of INoti,-e ll) Proceed I I , $50,0(J(J
weeL I
,
, i
'anal (U.S. , J
1 . C 'fi . .. 1110nths $ 745JIOCl I
'00' e '"
ake )** ;) /0 . ](~.PlcUOll l'll! iCdi.,,'ill ,
. i-- I
l- I
Constnlctic,n Sllbst~lltial i 10 months nJa !
,
CtJnlpk'ti(lll Certifk,:] ion . I
I
.
,
i\OT:!C).I:,xCI:EII-i;g-o:Jt:C! TOTAL ]$795,C10Cl__J it
L____
f
,
L____.___.__._.
* All dates are referenced 1[,,111 tl1<' dllte of execution of this amendment and are
estimated.
*" Progress payment invoices for COllstl1lction activities may be submitted on a qll3rterly
basis
..
.
.
"J;:'
..
Agreement OT060.183..A01-..-SAP #3600001071---Page 1 of 1
-
.
~-~-'
.VU
'..
",""'~
.~.~.
.-c.&'
ORIGINAL
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600000625
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY
TffiS AGREEMENT is entered into as of th
the South Florida Waler Management Dis .
(j,O
JAN Z 6 Z001
County (COUNTY).
J"-
of Florida, created by Ihe Florida
ter 373, Florida Statutes, to include
so ; and
,
by and between
WHEREAS, the DlSTRI
Legislature and given those powe
entering into contracts with public ge
WHEREAS, the DIS
Canal ConstIUction - LASIP P
the COUNTY for Lely Branch
WHEREAS, Ihe COU
impair its ability to fulfill the t
, 2007 meeting, approved entering into
\.
The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in
Exhibil "A" attached herelo and made a part bereof, subjeclto availability of funds and in accordance with
their respective authorities to constIUCt stormwater management system improvements to the Lely Branch
Canal from Rattlesnake Hammock Road north to Kings Lake.
2. The period of performance of this AGREEMENT shall commence on the date of execution of this
AGREEMENT and shall continue for a period of One (I) Year.
3. The total DISTRICT contribution shall nol exceed the amount of One Million, One Hundred Ninety
Thousand Dollars and No Cents $1,190,000. The DISTRICT will provide the full amount bued on
the Paymenl and Deliverable Sc 0 In xhibit "B", which is attached hereto and made · pan of
this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual
expenditureS within the not-to-exceed AGREEMENT funding limitation of $1,190,000.00. In no event
shall the DISTRICT be liable for any contribution hereunder in excess 0 un . If the total
consideration for Ihis AGREEMENT is subject to mulli-year funding allocations, funding for each
applicable flScal year of this AGREEMENT will be subject 10 Governing Board budgetary appropriation.
In the evenl the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT
shall terminate upon expenditure of the current funding, notwithstanding other provisions in this
Agreement 4600000625, Page I of 5
~~.-
--. .,.._--,...,. ~.-
-,.~~~--
-'---,-_._,-'."--'-'
.. "---~-
..._~,.
e:;s-a
--=..
... C>
~......
_... co
-
~a
-
co
;j5
.
.
,
,
I
-
...
C>
co
...
~i:
.......
_ C>
:;::m
--
~ co
g-'"
_.. C>
.. .. C>
r9"J:' ~
~ CJ cr.
.. -..-:=-
~...~
-~-
!;~C>
:;:i= ~
;:; I: ....
eag ~
~g~
_ 0 >-"
... ~ ex:>
co
.... ~
_ co_
- ...-~
~ ~ G""l
~ - ......
-...
...
- ~ >-"
g..,..
~CF"o
... (...>
.
-
...
Si:
-....
-
-...
~...
...
--
~-
. -
~~
~~
,II
.1
lOB
EXHIBIT "B"
PAYMENT AND DELIVERABLES SCHEDULE
· A summary deliverable and payment schedule associaled with this project is set forth below
including specific deliverables associated with each task and due dates for all deliverables.
· All deliverables submitted hereunder are subject to review and acceptance by the District.
Acceptability of all work will be based on the judgment of the District that the work is
technically complete and accurate.
. Payment shall be made following receipt and acceptance by the District of project invoices in
accordance with the schedule set forth below. All invoices shall be accompanied by adequate
documentation to demonstrate completion of each task in accordance with this Stalement of
Work document.
.
If the total consideration for th.
Task I: Construction
Bidding
Task 2: Mobilizalion and
Clearing
Contractor's schedule and Work
Plan
6 months
$500,000
Task 3: Construction of 50% Completion of Construction 10 months
Lely Branch Canal (Rat- Certification
Ham Rd to Kin s Lake
$]90,000
Total SFWMDfBCB Share S1190,000
· All dates are referenced from the date of execution 0 nt and are estimated.
ee The District shall only be obligated to pay for documented actual expenditures within the not-
10-exceed amounts~.L~~_llb9ve. In no event shall the District's total obligation exceed
$1,]90,000 as specified above. The County is responsible for any additional funds either
through local revenues, grants, other appropriations, and/or other funding sources.
Page 4 of 4, Agreement 4600000625
::1,.
':V.'
C>
:::c
--
.-
"->
......
ex>
-a
~
. .
......
.-
-.;J
......
. .
i,~,~
",...~,.a:
'\_:',~f'j-'-,
'<.." ',,'<
.'
Agenda item No. 10B
April 10, 2007
ORIGr~ft:C4
-.~-
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600000627
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
A1'\'D
COLLIER COUNTY
THIS AGREEMENT is entered into as of the
the South FIOIida Water Management District (DISTRICT) and Collier COWIty (COUNTY)
_ by and hetween
WHEREAS, the DISTRICT is a public cmporation of the State of Florida, created by the Florida
Legislature and given those powers and responsibilili<:s enumerated in Olapb 373, Florida Statutes, to inclnde
entering into eonIrllClS with public agencies, plivate COtpOlalions or other pelsons; and
WHEREAS, the DlSfRlCT desires to provide finoocial assistance 10 the COUNIY for Gateway
lriangle SloImWOtellmprovemenlS - Phase I Construction; and
WHEREAS, the COUNTY wanllllls and represents that it has 110 obligation or indebtedness /bat would
impair its ability to fulfill the terms and conditima of this AGREEMENT; and
WHEREAS, the Governing Board of the Dislrict at il> JlIluary II, 2007 meeting, approved entering into
this AGREEMENT with the COUNIY; and
NOW, THEREFORE, in coll5ideration of the COVenm1> and represeDlations set forth herein and other
good and valuable considelation, the receipt and adequacy of which is hereby aelmowledged, the parties agree as
follows:
1
The DISTRICT agrees to conltibWe funds and the COUNfY agrees to perform the work set forth in
Exlul>it "A" atlached hereto and made a part hereof; subject to availability of funds and in accordance with
their respective authorities to collllltuct a delention pond, sheet piling, hox culvert and force main to
Linwood AVcmJe
~""
2
The period of perfonnance of this AGREJ:MEN T shall commence on the date of execution of this
AGREEMENT and shaIJ continue for a period of One (I) Year
Ihe total DISTRICT conlribution shall not exceed the amount of Eight Hnndred Tholl.""d Dollars and No
Cenl> ($800,000 00). TIte DISTRICT will provide the full amount baaed on the Payment and Deliverable
Schedule 3el forth in Exhibit "B", which is attached hereto and made a part of this AGREEMENT The
DISTRICT's contribution is subject III adeqnate docll,,"''''otioD to support actuol eoq>e1lditur.. within the
not-to-exceed AGREEMENT funding liwibltion of $800,000 00 In 110 eveat shall the DISTRICT be
liable far any conltibution hereunder in excess o~ If the total consideration for this
AGREEMENT is subject to multi-year funding allocations, fimding fot eacl1 applicable fiscal year of this
AGREEMENT will be subject to Governing Board hndgetary appropriotiolL In the event the DISTRICT
does nol approve fundiog for any subaequent fiscal year, this AGREEMENT shall teullimlte upon
expenditure of the current funding, notwilhatandmg other provisiOll8 in this AGREEMENT to the
.,' ...
3.
~
AgreementNo.4600000627,Page I ofS
. "'T"--"-'~-----""---' .
-~-_.--~..__.. - .,_..".--_.__...._..."~-,,--~ ..-.
,
I
I
,
.
i
J
,
,
,
,
,
!
i
,
,
I
,
i
.
,
,
I
.
,
.
,
,
r
,
,
,
,
.
,
.
,
.
,
.
I
,
I
,
I
I
,
,
I
,
,
,
,
r
.
,
,A,ocn,ja itern No 108
~
Ann! 10, 2007
Page 16 of 24
contrary. Tbe DISTRICT will ootify the COUNTY in writing after the adoption of the firnl DISTRICT
budget for each subseqnent fiscal year jf limding is not approved fOl this AGREEMENT.
4. Ihe COUNTY shall submit quarterly fiDanciaI n:ports to the DISlRICI providing a detailed accounting
of all expenditures incurred hereunder Ihroughout the term of this AGREEMENT. Thc COUNTY slJall
report and document the amount of funds expended per month during the quarterly reporting period and the
AGREEMENT expenditures to date within the maximum not-t<Hxceed AGREEMENT funding
limitation
5. lhe COUNTY shall C03t share in the toIal amotIDt of $3.700,000 00 in confuuuity with the laws and
regulations governing the COUNTY
6
All work to be pmonned UDder this AGREEMENT is set forth in Ex.bibit "A", SI."""..... ofWOIk. which
is attached hereto ODd made a part of this AGREEMENT. The COUNTY shall submit quartedy progress
reports detailing the status of work to dale fOl each task The wOlk specified in Exhibit "A" shall be under
the dire1:tion of the COUNTY but sball be open 10 periodic review and inspection by either party No work
set forth in Exhibit "A" .balI be perfOlJM<\ beyond the exphalion date, unless au1horized through execulion
of an amendment 10 coyer succeeding peliods
7
Ihe COUNTY i. hereby authorized 10 contract with third parties (su&contrac1s) for services awarded
tlnough a competitive process required by Florida Stalules The COUNTY shan not subeontrac~ .....ign or
transfer any other work under this AGREEMENT without the prior written consent of the DISIRICl's
Project Manager The COUNIY ugrees to be responsible for the fulfillment of all work elements included
in any suboolltract and agrees to be responsible for the payment of all monies due under any subcomact It
is understood and agreed by the COUNT Y tbst the DISl'lUCT shan not be liable to any subconltaclor for
any expenses or liabilities inclUted under the sobcontract(s)
8
Both the DISTRICr and the COUN'IY sIIaII bave joint OWIlersbip rights to all work ilems, including but
not limited to. an documents. tecbnical reports, tc:Icarch DOtes. scientific data, """"uter programs.
inclnding the source and object code, which are developed, created or otberwise OIigJnated herewder by
the Othel party. its subconllactor(s). assign(s). agenl(s) and/or SIICC"S')[{s) as required by the Exhibit "A".
S"'t<ll~ut of Work Both parties' ligbta to cIefuoenbIca received under 1lais AG:RU.MJ:NI sb&ll in.clude
the unrestricted aDd perpetual right to use, reproduce, modifY aDd diJlnbule aucb deliyorables at no
additiOJlllI cost to the other party. Notwithstandiua tile lO<egoin& ownership of all equjpm"ltt and bardwar.e
purclwed by the COUN'IY under this AGROMI:I\'T shall be deemed to be the propotty of lire
COUNfY opon completion of this AGREEMENT. The COUN'IY sbalI retain all oWDCIllhip IOlangible
ploperty
The COUNTY, 10 the extent pemriued by law, asswnes any and all rWcs of per>onaI injury, bodily injury
and property damage atttibntable to negl_ aclS Or ""';lI8iona of the COUNTY and lhe officers,
employees. servanls and agents ll"not. The COUN'IY represents that it is ..If-fonded fOI Worke,'s
Compensation and liability insmance. coveriua bodily injmy, personal injury and property damage. with
such prolection being IlA'licabJc to the COUNIY, its oflic:ers and erq>loyees while aclillB within the scope
nf their employment during perro,..-...... ofunder this AGUEMENT Tn the event that the COUNTY
subconltacts any part or all of the work hereunder to my third party. the COIINIY sball require each and
every subconlnlCtor to identitY the DISTRICT 1I$ an additioIlaI iIIsured on aU inaunuce policies as required
by lire COUNTY Ally conttact awarded by tile COUNTY sbalI include a provision whereby the
COUNTY's subcontlllclo. ag..... to indemnil'y. pay on behalf, and bold the DlSIRICT harmless from all
damages arising in comrection with the COUNIY's subeoDtract
9..
10.
The COUNfY and the DISIRlCT further agree that IlO1bing contained herein sball be consttued or
interpreted as (1) denying to either party any rOlftedy or defense ayailable to such party underlhc laws of
the State of Florida; (2) the consent nf the State of Florida Or its agont. and agencies to be sued; or (3) a
waiver of sovereign immunity of the SlIlte of Florida beyond the waiver provided in Section 76828.
Florida SlIlrutes.
11
The parties to this AGREEMlINT are independent 0IIliliea and "'" not erq>loyees or agents of the other
parties. Nothing in this AGREEMENT sball be inIerpreted to _llIish any relationship other than that of
independent entities, between the DISIRICT. the COUNTY. their employees, agents, su&conllactors Dr
assigns, during Dr after the term of this AGREEMENT The parties to this AGREEMENT shall not
Agreement No 4600000627, Page 2 of 5
--. ---._- ------
,
i
.
,
.
.
,
,
.
,
.
.
,
i
.
,
,
,
,
!
.
1
,
,
,
,
,
I
.
l
.
,
.
!
,
.
,
.
!
!
,
;
.
i
,
I
.
,
.
I
,
,
'~.'.'.'.-'- ,-1.:; !In'~l N.~ 1no
. '-, ,',' ""'; ,j uU
An,';1 10. 2007
P;:rc_, 17,,"')4
-':-1.' '"',--
assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT
without the prior written consent of the other parties Any attempted assign"""" in violalion of tlns
provision shall be void
12. The parties to this AGREEMENT OSSUIe that no person shall be excluded on the grounds of race. color,
creed, natinlllll origin, handicap, age or sex. fiom participation in, denied the benefits of, OT be otherwise
:rubjeded to discrimination in any activity under this AGREEMENT
13. The COL'NIY. its employees. subcontractors OS ...ips, shall comply with all applicable federal, state and
local laws and regu1alioliS relating to the perfo...-"", of this AGREEMENT. The DIS1RICf undertakes
no duty to ensure such co"1'liance, bul will attempt to advise the COUNIY, upon reques~ as to any such
laws of which it has present knowledge
14.
EithOl party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days
prior written notice to the other party In the evelll of1e",~n.tiOll, all funds not expended by the COUNTY
for authOliud work performed tlnough the termination date shall be returned to the DISfRICT withm
sixty (60) days oflerminatioo.
15 lhe COlINl Y shall allow public access 10 all project documenfll and materials in accordance with the
provisions of Cbopler 119, Florida StabIleS SlIouId the COUNTY ",._ any exerI4>tions to the requirenJmts
of Chapter I J 9 and related Statutes. the burden of eotabli.shing such exe"1'tion, by way of injwrctivc or other
reliefas provided by law, shall he upon the COUNTY
16 The COUNTY shall maintain records aud the DISTRICT shall have inspection aud audit rights below The
COUNTY shall similarly require each subconItaClDr 10 DIIi....in and allow _ to such records fur audit
purposes:
A ~ce of Recor<4: The COUNTY slJalI maiDtaill all tina""laI and non-fuhouclal records aud
reports directly or indirectly relaled to the negotiation or performance of this AGREEMENT ineluding
supporting documentation for any service "'..... expell!Ol, research or reports. Such recoro. shall be
JDaintained and made available for inspection for a period of five (5) years fiom the expuation date of this
AGREEMENT
B Examination of Records: The DISTRICT or desigDa1ed ogent slJall have the right to e,omine in
accordance with genOlally accepted gOYernnw.ub1 audiling s1andards all records directly Or indirectly
relared to this AGREEMENT, Such exam;"alion may be made only within fiye (5) years fiom the
e"Pualion date of this AGREEMENT
c ~ AvailahiliJY Qf RecorW! for Le~tes: In the eyent that the DISTRICI should become
involved in a legal dispute with a thiId party arisin& ftom perfo...-..ce under Ibis AGREJ;MJ:NT. the
COUNTY shall extend the perind of maintenAnce for all records relating to the AGREEMENT UIltil the
fmal disposition of the legal dispute All such recDIds slJall be made readily avallable to the DISTRICT
17
WheneyOI the DISTRICl '. contribution includes stale or federal appropriated funds, the COUNlY sbal~
in addition 10 the inspection and audit righto set forth in pazagraph #16 above. maintain rttOTd.. and
similarly require each suheonltactor to momlain and allow acceas to such records in compliance with the
requirements ofrhe Florida S_ Single Audit Act and the Federal Single Audit Ac~ as follows:
A Maintenance ofRecoJ:~: rhe DISTRICT sbalI providethe necMBlrY infou_tion to the COUNTY as
set forth in Ex.bibit "C". The COUNTY shall mAintain all financial/non-financial records tlnough:
(I)
(2)
(3)
Identification of the state or federal awarding agency. as applicable
Project identification jnf", ....lion included in the Catalog of State Financial Assistance (CSF A) or
the Catalog of Federal FinauciaI Assi.......~ (CFDA). as applicable
Audit and accountability requircme... for s1lltO projects u stated in the SiDgIe Audit Act and
applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rulcs
of the Auditor General and the SI3te Projects Compliance Supple,u.,ul
Audit/accountability n:qnirements for fildenoI projects as imposed by fedenlla ws and regulations
Submission oftbe applicable shrgle audit report to the DISTRICr. as completcd per fiscal year
(4)
(5)
Agreement No 4600000627, Poge 3 of 5
", -. M;.,~,....,,'..,k _~.,_ "
,
,
,
I
,
.
!
,
,
,
,
,
,
i
,
,
,
,
.
,
1
.
I
.
,
,
i
,
19
20.
21
22
23
24.
25.
26.
- ,.'--...----..
A.qend3 item No 108
ADiil 10. 2007
Page 18 of 24
B. Examination of Records: The DISTRICT 01 designated agen~ the state awarding agency, the state'.
Chief Financial Officer and the state's Audilor General andIo< federal awarding agency shall have the right
to examine the COUNIY's financial and non-fmancial records to the extent necessary to IIIOnitor the
COUNTY's use of state or fedClal financial assistance and to determine whether timely and appropriate
corrective actions have beCD takcn with respect to audit findings and recommendations which may include
onsite visits and limited scope audits.
18. All notices or other conmnm;cation regarding this AGREEMENT shall he in writing and forwarded to the
attention of the following individuals:
South Flor ida Water Management District
Collier ColmIy
Attn: Max Guerra, Project Manager
Telephone No (239) 597-1505 ext 7612
Attn:R. Shane Cox, Project Manager
Telephone No (239) 659-5792
Address:
2705 H01SOsboe D!iye Sonth
Napl;es, FL 34104
Attn: Rupert Giroux, Contract Specialist
Telephone No. (561) 682-2532
Address:
PO. Box 24680
3301 Gun Club Road
West Pahn Beach, F1 33416-4680
COUNTY recognizes that any 'CJb-tinns, tto......". or negotiationa made by DISTRICT staff do not
suffice to legally bind DISTRICT in a COlllr,Hnol relalionship unIellS they have been reduced to writing and
signed by an authorized DlS'IRICT rep.-...tative Tbis AGREEMENf sbalI inure to the benefit of and shall
he binding upon the paIlies, their rcspcctive assigns, and successors in interest.
Tbis AGREEMENT may be amended, extended or r_wed only with the written approval of the parties
The DISTRICT sball be responsible for ini1iating any arnendments to this AGREEMENT, ifrequired
This AGREEMENI, and any work perIormed ben:under, is subject to thc laws of the Slate of Florida.
Nothing in this AGREEMENT wiD bind any of the paJ1ie& to perform beyond their respective authority,
nor does this AGREEMEN'I alter the legal rip.. and remedies which the respective parties would
otherwise have, under law or at equity_
Should any term 01 provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as
against any person, entity 01 circun"",."", during tho ~11" bcreof, by force of any slalule, law, or roIing of any
fonun of competent jurisdiction, ouch invalidily sbalI oot affect any other 1rmn or provision of this
AGREEMENT, to the e~leut thst the AGRJ:J'.MI:Nf shall ...,..in operabIe, enforcc:able and in full force and
effect to the extentpe.uuined by law
Failures 0< waivers In insist on strict perf....."""," of any coyenrmt, condition, or proYlSlOll of this
AGREEMENT by the parties shall not be deemed a waiver of any of its rights 01 remedies, ner sbalI it relieve
the other party from performing any subsequent obIigationa strictly in accordance with the terms of this
AGREEMENT No waiver .halI be effective 1IIIl... in writing and sigaed by the party against whom
enforcement is sought Such waiver shan be 1;..~1td 10 provia."" of this AGREEMENf specifically referred
to therein and sbalI not be tIeemod a waiyer of any other provision. No waiver sbalI constitute a continuing
waiver unless the writing _ otherwise_
Any dispute arising under this AGREEMEN'I which CllDOOt be readily resol...d shan be submined jointly
to the signatories of this AGREEMEN'I with each pany agreeing 10 seek in good faith to 1'O:l0Ive the issue
through negotiation or other fonns of non-binding alternative displllc resobrtion mutually acceplable to the
parties A joint decision of the signatoriea, 01 their designees, sball be the disposition of such dispule
This AGREEMENT slates the en!ire undentandiug and "t'"...."'l>etw=l the parties and lII1peJSedes any and
all written or oral represe""'tions, Slalc'''''''''' negotiations, or agtGI~u6,,1s previously existiDg betw<.~ the
parties with rcspoctto the subject matter of1ll/s AGREEMENT
Any inconsistency in this AGREEMENT sbalI be resolved by giving precedence in the following order.
Agreement No. 4600000627, Page 4 of 5
,
,
i
,
,
!
,
!
,
,
,
,
,
i
i
,
,
,
,
i
I
,
!
!
I
i
,
,
,
,
,
,
.
,
,
,
-
i
,
I
I
r
!
1
,
,
,
,
,
,
,
,
,
,
Aqenda item No.1 08
ADrillO. 2007
Pane 19 of 24
-.
(a) Tenns and Conditions outlined in preceding p8f8gI1Iphs ) - 24
(b) Exhibil"A" Statement of Work
(c) all other exlnbits, attach......ts and docurnenIs specifically incOIporated herein by reference
TN wrINESS WHEREOF, Ihe parties or their duly au1horized representatives hereby execute this AGREEMENT
on the date fint written above
SOUTH FLOlUDA W A'IltR MANAGEMIi:NT DISTRICT
By:
IY1--
SFWMD PROCUREMENT APPROVED
~
By:
Date:
,@-
COLLIER COUNIY BOARD OF COUNTY COMMlSSIONl:RS
COLLIER COUNIY. JILORIDA
By:
Board of County CuuwU:I8ioners
rames Coletta, Chairman
ATTEST
Dwight E Brock, Clerk
By:
Deputy Clerk
Approyed as to fOlm and Le I Sufficiency
Assistant County Attorney
"
.
,
I
,
By:
,
,
,
,
,
,
,
,
Agreement 4600000627, Page 5 of 5
e.... South Florida Water Management District
,:. ." P.O.. Box 24660
... . WeslPalmBeach,FL33416-4680
Telephone (561) 686-8800, Ex! 6391
Toll Free Line 1-800-432-2045
ALL ITEMS ARE SHIPPED F.O.B DESTINATION UNLESS
FREIGHT CHARGES ARE ITEMIZED BELOW
PURCHASE ORDER
FLORIDA SALES TAX EXEMPTION fl85.8013149859C-9
FEDERAL TAX EXEMPT #59-74-00721<
HIS A P ALL RM
PACKAGE.!l...PACKING LISTS INVOICES.
AND COR"" DENCE.
PAY WITHIN 30 DAYS NET
EST DELIVERY DATE
1013012007
CONFIRMING
NO
VENOORNO.
501489
PURCHASING AGENT
RYAN, PATRICK
PA TE OF ORDER
1 of 2 10/3112006
FOB
DESTINATION
V COLLIER CNTY CNTY MGR
E 2885 HORSESHOE DR S
N NAPLES FL 34104
D
o
R
S SOUTH FLORIDA WATER MANAGEMENT DISTRICT
H LOWER WEST COAST SERVICE CENTER
I 2301 MCGREGOR BOULEVARD
P FORT MYERS FL 33901
T
o
LINE rrEMS OF YOUR INVOICE MUST MATCH LINE ITEM NUMBERS ON THIS DOCUMENT
Line
Quantity
Unit
Part Number and Description
Unit Price
Total Amount
-MODIFICATION 7/9/07----------------
THIS URCHA E OROER IS REVISED TO INCORPORATE ATTACHMENT .. ",
MODI ICATION TO STANDARD DISTRICT PURCHASE ORD R TERMS HER Y
REFE ENCED AND MADE A PART OF THIS PURCHASE RDER. ALL OTH R
TERM AND C NDITIONS SHALL REMAIN IN FULL FORCE AN EFFECT.
THE URCH E ORDER ESTIMATED DELNERY DATE IS EREBY EXTEND 0
THRO GH AU UST 5, 2008 AT NO ADDITIONAL COST TO THE ISTRICT
PRICI G PER RITTEN QUOTATION DATED OCTOBER 31, 2 06 FROM R. SH E
COX, .E, STO MWATER MANAGEMENT DEPARTMENT, COL IER COUNTY
COLLI R CO NTY (COUNTY) SHALL PERFORM GA EWAY TRIAN E
STO WATE IMPROVEMENTS PHASE I CONSTRUCTION IN CCORDANCE W H
ATTA HMENT "N, STATEMENT OF WORK ATTACHED HE ETO AND BY T IS
REFE ENCE I MADE A PART OF THIS PURCHASE ORDER.
1 1
TH ITEM COVER
10 1
20 1
AU PHASE I CONSTRUCTION
THE FO LOWING SERVICES:
EA NOTICE TO PROCEED
EA 50% COMPLETiON CERTIFICATiON
100,000.00
100,000.00
50,00000
50,000 00
50.000 00
50.000 00
DISTR CT CON ACT: MOLLY MEADOWS AT 239 338-2929, EXT 730
AlTE TlON: R. SHANE COX, P.E., FAX: 239 732-2526.
NOTE: .. Prices displayed govern the purchase order transacUon.
., E8~Y payment discount Invoices receive priority h8ndllng
. The attached Purchase Order terms & conditions. pages 1 through 2 apply
~~
Page Tolal
Grand Total
SEND ALL INVOICES TO:
South Florida Wa_ Management District
P.O. Box 24682
West Palm Be8ch, FL 334164682
AulhorizedAgent rAX ED
SOUTH FLORIDA WATER MANAGEMENT DISTRI
An Equal Opportunity Employer. M/F/HN
--_.,-
South Florida Water Management DIstrIct
P.O. Box 24680
West Palm Beach, FL 334 t 6-4680
Telephone (561) ~800, Ext 6390
Florida WATS Line 1-800-432-2045
Agenda Item No. lOB
April 26, 2005
PURCHASeaORDER
-
,_,_' ., ,i~-'
f;&::'~~{'
,_ fa.
'-~ '
. - ... " .
',-' -' ,.-/
'\ ",'
FlORIDA SALfS TAX EXEMPTION ~ 85-8013'498S9C.9
FEDERAl TAXEXEMPT'SO-7....,72K
THl6 Htl1''9EJil UlJST APPEAR ON ALL.
P,tQ(AGfS. PAClaHG lIST.$. lHVOtC€'S.
NC)~ENCE_
I
I
PAYMENT TERMS
I'-THIS IS A CENTRALIZED PURCHAsE AUTHORIZATION_
ALL ITEMS ARE SHIPPED F.O.B DESTINATION
UNLESS FREIGHT CHARGES ARE ITEMIZED BELOW
--
PC P501076
I' DATE OF ORDER
02 23 05
. F.O_B
CONARMtNG
~"ET 30
EST. DEUVERY OAT€:-
09 05 05
ORGAN1ZAnON NO
PAGE NO
I VENDOR NO,
,
,
1"''''7 Yr
'...c ~,
01
I PURCHASING AGENT
!JOSCL..Yt~ HARRIS-F:TZRO~
-------
Quantity
'I: Sj &')tJTH FLORlOA WATER MANAGEMENT DIS'TRJCr
'"
.' ..
i I I
I pi
I
IT I
_oj
LINE ITEMS OF YOUR INVOICE MUST MATCH LINE ITEM NUMBERS ON THIS DOCUMENT
"--. I
,
I
DES':"INATION
----------
NO
4450
iV
~I
Df
~J
-_._~~~-
COLLIER CNTY STORMWATER MGMT
2B85 HORSESHOE DRIVE SCVJTH
NAPLES
FL 34104
MS: 4450 PORT MYERS
~301 MCGREGOR BLVD
FT MYERS FL 33901
AREA OFFICE
-_.-.--.
,
!
Line
I
,
i
I
I
,
DESIGN OF ~TEWAY TRIANGLE DRAINAGE IMPROV"MXNT I PER SOW I
i ci' I
PRICING AND SERVIC S PER ATTACHM'ENT A STATEMENT OF WORK INCORPO~TED
BY RHF&RENqR HERE: AND MADE A PART OF THIS PURFE ORDER.
I ,
DISTRICT C~ACT; 'LIZABETH ABBOTT * 561 239 331-292. EXT 7730
AiTN -; RIcr4mo V : I
PLEASE ACKNpWLEDGB ff:ECBIPT AND ACCEPTANCB OF TH~S PURCHASE ORDER I BY
SIGNING AND{ RETURN G A COPY VIA FAX TO THB PtJR9HASING AGENT @ 5fl-
682-5754_ I i
I I
ACKNOWLEDGBMBNT: I )
I ~
I
,
1.000
r Unit
lEA~1
,
Part Number and Description
UnnPrn
Tota, Amount
--_.~.~
001
90.000.000000
90,QOO.00
-I
I
I
I
I
I
I
I
--
BY (PRINT
01<
I
TYPE) j
,
!
,
I
I
I
--
Prices dis.Playad goviltn 1tlis purchase '-"N rr."'fecbon,
. Early payment diSCOunt invoicea rec.e1Ye priority handring,
The attached Purchase Order terms & conditions appty 8$ follows:
Page 1 rOf commoditJftS and Page 2 fOl seMcea.
I
L
,
I
I
I
NOTE:
Page Total
Grand TOI8I
90,000.00
90,000.00
- SEND ALL INVOICES TO:
South Florida Water Management Dfstrict
P.O. Box 24682
West Palm Beach, Fl 33416-4682
-
VENDOR Copy
!\gen'
ATER MANAGEMENT OISTRI
IyE_-MlFIHN
Fom> 06115 10112005)
-------.-
_..-
.
ATTACHMENT A
Agenda Item NO.1 DB
',oril 26. 2005
Page 38 of :,8
K SUMMARY SCHEDULE OF TASKS A:>JD DELlVERABLES
This is a cost-share proJcct with fundong coming from the District and Collier County. The
proJcet IS expceted to cost approximately $185,000. The District's share will be $90.000, Colher
Countv's share \\'111 be $95,000,
.
. A summary deliverable schedule associated with thlS projec: i:-. set forth below.
. All dC;j\'erahies submiHe-u llt:j-'_'und,-';' ;J-~- :-;l1h.<',~l l(l L \,e\\ t,: lhe Dlstnct. A.;..:"cptahii:::, 01
aJ] \,'./orl will b~ has~d or the lud~men; OJ" the District that the work is technicallv credible.
. ~ .'
<iccuratc. precise and timely.
Deliverable Due Date Payment
(From PO Issuance)
Task I. Drainagc DeSIgn 12 weeks $45,000
Task I. 100% DeS!1\!! Plans 28 weeks $45,000
TOTAL $90,000
-- _n__
Page 3 of 3
fM 115...1 (p
EXECUTIVE SUMMARY
Agenda Item NO.1 OJ
July 24, 2007
Page 1 of 14
,_.
To seek Board approval of a State Joint Participation Agreement (JP A) with the
Florida Department of Transportation and to authorize the Chairman to enter into
and execute these agreements with the Florida Department of Transportation to be
used for the SR84 (aka. Davis Blvd) Project.
OBJECTIVE: The objective is to approve the Joint Participation Agreement (JP A) to
fund phase II (Davis Blvd. from Radio to Collier Blvd.) SR84 Project that is currently
under design by FOOT and planm:d to be constructed by Collier County in 2008.
CONSIDERATION: Over the last few years the County has been working on improving
the transportation network that converges at the Collier Blvd. and Davis Blvd. intersection.
There are problems with concurrency on Davis and the expectation until recently was that
Davis would remain in the FOOT work program. Due to funding issues, FDOT removed
the construction of Davis Blvd. from their 5 year program bllt continued forward with the
design of SR84 from Santa Barbara Blvd. to Collier Blvd. The improvements to Davis are
being designed for a 2-phase construction project. Phase I would improve Davis Blvd. from
Santa Barbara Blvd. to just west of Radio Rd. Phase I is currently in the FOOT work
program to go to construction in 201l/20l2. Phase II includes Davis Blvd. improvements
from just west of Radio Rd. to Collier Blvd., including a new right turn lane that splits otf
before the intersection on land donated by Davis Crossings.
,.....'...
As indicated in the attached JPA, the County is to fund in FY 2007/2008, construction and
provide CEl services for Phase II SR84 project and the FOOT agrees to reimburse the
County on a schedule of four (4) annual payments of Five Million Dollars ($5,000,000.00)
each year for a total reimbursement of Twenty Million Dollars ($20,000,000.00). Payback
is identified to begin no earlier than July 1,2012.
FISCAL IMPACT: The funding for this project in the amount of $20 million dollars will
be budgeted in the FY08 Transportation Capital Budget. Funds will be advanced from the
County for this project and reimburscd by FOOT with (4) annual payments of $5 million
with the first payment starting in 2012. The funds will come Irom Transportation
Supported Gas Taxes and Road Impact Fees.
GROWTH MANAGEMENT: This project is consistent with the County's Growth
Management Plan and the MPO's Long Range Transportation Plan.
RECOMMENDATION: That the Board approve the Joint Participation Agreement, and
authorize the Chairman to enter into and execute the agreements with the Florida
Department of Transportation to fund and build the SR84 (Davis Blvd.) Project.
Prepared by: Michael Greene, Planning Manager, Transportation Planning
Attachments: I) IPA; 2) Resolution; 3) Locus Map
~
~
Lr')
c---I
c---I
C>
0...
r--
~
m
~
~
C)
.
FM # 195416-5-58/68-01
COLLIER COUNTY
Page 2 of 10
D) The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status
of work being done by the COUNTY and details thereof. Coordination shall be maintained
by the COUNTY with representatives of the DEPARTMENT.
E) The COUNTY shall not sublet, assign or transfer any work under this Agreement without
prior written consent of the DEP AR TMENT.
F) If applicable, the DEPARTMENT must approve any consultant selected for the PROJECT.
The COUNTY shall certifY that the consultant has been selected in accordance with the
Consultants' Competitive Negotiation Act, F.S. S287.055. Any consultant, including any
sub-contractor or sub-consultant, shall be qualified with the DEPARTMENT as required by
DEPARTMENT regulations and applicable law.
G) All tracings, plans, specifications, maps and/or reports prepared or obtained under this
Agreement shall be considered works made for hire and shall become the property of the
DEPARTMENT without restr.ietion . I~' . tio.n o..n their use. The DEPARTMENT will
have the right to visit the PRO .n-sillflltlii>:n,,' p of the work and the drawings at any
,.-'?--~ "-
time. OVo" /'.1::-
H) The COUNTY shall al w lic access to all docu nts, apers, letters or other material
subject to the provisi s ha d ma e 0 received by the COUNTY in
conjunction with this gr e IY t grant such public access shall
begroundsforimme iat ~ ee ent by the DEPARTMENT.
I) All notices under thi TY to the DEPARTMENT
shall be directed to th
TO DEP ARTMEN
Florida Department of
Post Office Box 1249
MSI-
Bartow, Florida 33831- I 249
2. PAYMENT TERMS
A) The DEPARTMENT agrees to a maximum participation in the PROJECT in the amount of
...~ TWENTY MILLION DOLLARS ($20,000,000.00). Payment shall be made in a
.". reimbursement schedule of four (4) Five Million Dollars ($5,000,000.00) YEARLY
PA YMENTS to the COUNTY in accordance with F.S. S339.12(4)(a), totally subject to
legislative approval and appropriation. In any event reimbursement payments will not take
place before July], 20 I 2, the fiscal year in which the payback is programmed to begin.
-
'.
MEMORANDUM OF UNDERSTANDING
Pursuant to the Lan!lilli Operation Agreement as amended
This Memorandum of Understanding is dated this day of 2004 by
and Between WASTE MANAGEMENT INC. OF FLORIDA ("WMIF], a Florida
corporation, and COLLIER COUNTY, a political subdivision of the State of
Florida ("County").
WHEREAS, WMIF and the County are parties to that certain Landfill
Operation Agreement dated February 7. 1995 ("LOA"), the Second Amendment
to Landfill Operation Agreement dated June 12, 2001 ("LOA 2nd"), and the
Disposal Capacity Agreement dated .June 12, 2001 ("Disposal Capacity
Agreement"); and
WHEREAS, the County and WMIF desire to supplement and confirm the
understanding of the parties with regard to the transfer of waste from the site of
the Immokalee Landfill after its closure as provided in Sec. 2.11 of the LOA;
and
WHEREAS, the parties desire to memorialize their understanding as set
forth herein.
i.1
NOW, THEREFORE, in consideration of these premises and for other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Section 2. 11 of the LOA provides that after closure of the lmmokalee Landfill,
WMIF will build a transfer station at the site and operate it for the transfer of
municipal solid waste ("MSW"), construction and demolition debris ("C&D") and
other accepted wastes for ultimate disposal (collectively, "Acceptable Wastes").
2. While Section 2.11 originally designated the Naples Landfill as the site for
disposal of such waste, the County now has the option to utilize the provisions
of the Disposal Capacity Agreement and the Second Amendment to Landfill
Operation Agreement dated June 12,2001 to direct the waste to Okeechobee
Landf'ill for disposal. Currently, under that Agreement, the rate for loading,
transportation to and disposal at Okeechobee Landfill is $54.00 per ton from
Naples Landfill. The fee of $54 is adjusted to reflect the difference in mileage
from the Irnrnokalee Landfill to Okeechobee Landfill in accordance with and
pursuant to the Board approved contracts as amended.
3. WMIF agrees to a reduced and acljusted cost option to the County. WMIF will
load, transport and dispose all, or portion of, Acceptable Waste, as authorized
by the County at a rate of $ 42.48 per ton from Immokalee Landfill to
Okeechobee Landfill with terms and conditions identified in LOA and LOA 2nd.
.J
4. This rate shall be subject to annual adjustment pursuant to Section 5.2 of
the LOA (which refers to cpr adjustments) and Section 2.29(7) of the LOA 2nd
Page 1 of 2
.
(which refers to adjustments for changes in the cost of fuel and fuel taxes).
Adjustments pursuant to Section 2.29(7) shall apply only to the quantity of fuel
consumed by WMrF in transporting the Acceptable Waste from rmmokalee to
the Okeechobee Landfill and shall only apply to that period commencing after
the execution of this Memorandum.
5. The reduced and adjusted fee shall be further reduced by 2% if the County
pays the Contractor within 20 days after the County Receives the contractors
monthly bill under the terms and conditions outlined in second Amendment to
the Operations Agreement as approved by the Board pursuant to the section
2.29.
6. MSW from lmmokalee Landfill for disposal at Okeechobee Landfill will not
diminish the total maximum reserved capacity of930,000 tons under Capacity
Disposal Agreement section (7). MSW from Immokalee Landfill for disposal at
Okeechobee Landfill will be counted toward the sliding scale pursuant to LOA
as if it is coming to the Naples Landf'1ll for disposal. Pursuant to LOA, the
sliding scale will be adjusted if the County diverts the MSW tonnage to a
disposal facility that is not owned or operated by WMrF.
7. The County reserves the right to exercise the terms and conditions of this
MOU including diverting MSW from the rmmokalee landfill to the Napres
Landfill pursuant to LOA at any time.
.1
rN WITNESS WHEREOF, this Memorandum of Understanding is executed by
the authorized representatives of the parties as of the day and year first above
written.
DATE:
WASTE MANAGE
INC. OF FLORIDA
BY:
~t<"'-r";
.......... .
~ .. .. .. . . .. . . .
.......... .
. . . . . . . . . .
.......... .
............... ..
........ ............
...... .....0...
.. .... ...........
. .
.
.
.... . e.......
...... ....... 0-.
........ .0.......
........... .
.......... .
. . . . . . . . . .
.......... .
......... ..
0....... ...
DATE:
COLLIER CO
BY:
.'
~
/
Page 2 of2
el
.,. c. :OU11.ty
Memorandum
To: John Wong, Waste Management District Manager
From: Mr. G. George Yilm" 7., Solid Waste Management Director < ::-_ ~ ,)/'
Date: August 27, 2004
Subject: MOD
Please find attached the original executed MOD for your files.
.1
Cc: Gary Morocco
Kevin Dugan
.i
Collier County Solid Waste Department
- ,. -..._--"~--~--"~'-"
OS/12/201.J~ 09: .'l'i F.\X 9t94149i8035
1'111 OF FLORIDA INC
~I)O"
..
,.
..
.
JI:IOIOU1IIJ)tJII OJ' C11<oDB1tSTUl:lDTG
pursuanc co Lanaf111 ~Qration A~.em80c
Thitol Memorandum ot Underst.anding ("MOU") betwri!en collier County
("count.y") and Waste Management Inc. of Florida ("WMIF") supplement.s and
confirms che under3tandings that were r~ached during ~ m2~tin9 between the
County, WMIF, and the county':.: consultant (Malcolm PirI1ie, !nc. or "MPI") on
October 31, 2001. Sp@cifically, ~he County and WM1F agree about ehe issu~s
deeeribed in paragraphS 1-9, below;
1. 'l'l1.e County wishes to develop a Landfill Gas-to- Energy ("t.FGE")
.
Sy~tem that will utilize the gas generated by the County's Naples Landfill.
At ehe County's regueBt, MP! prepared draft technical specificaticne for a
LFGE Syste~. ~h& draft ~vecifications w@re provided to WMIF on October 3~,
2001.
2. On or about ,June 2etll, 2002, WMIF will submit. .. proposal to the
County for a LFGE System. WMIF will coordinate with the county and MPI to
en~ure that the proposed LFGE system contorms to the County's ~pGcification&
and desires.
3. If the County decioes to pro~eed with the LFGE System, the County
and WMIF will jointly develop the LFGE system in accordance with Seccion 2.25
of thQ Landfill Operation Agraamenc, as amended, between the County and WMIF.
consistent w~th the Landfill Operation AgrQQm~nt, WMIF shall deeign, permit,
construct, operate and main,taill the LFGE SY3tern at tlfMtF' ~ cost, plu3 ten
.
percent <"O~), end the County .hall recQivQ all of the r~venues generated by
Fira~ Memorandum of Underst&nding
WMI Operations Contract
Page 1
\I'M OF FLORIDA INC
08/12/2002 09:.37 FILl 919414978030
.
.
.
IilJ 1.11)4
.
the LFGE SYSltem.
4. County ie consid~ring the economic fea&ibility of transportin9 and
disposal of some or all C&D material including odor causing waste such a.
gypsum board from Naples Landfill to an offeite WMIF licensed disposal
facility to divert wa5te and save landfill space. Toe County i~ considering
transportation and off site disposal of C&D and/or mixed gypsum material with
or without recyclablas. WMIF hereby provides a rate for handling,
transportation, and disposal of C&O and/or mixed gypeum material at $32.89
per ton ~ffective until October 1, 2002. After October I, 2002, the rate
will be $33.49 per ton and will be in effect until the term of the landfill
agre~ment subject to annual CPI. If County desires that C&D or gypsum
material be sorted, add~t~onal charges will apply consistent with and
p~suant to the existing currene contractual rates identified in Landfill
Operation Contract as am~nded. WMIF will notify ehe County no less than
thirty days prior to the availability of the di.poeal option. The County
will have the right to eXQrciSQ this option as needed.
Further, WMIF will eetablish an Artificial Reef Material designated
area ~or stock piling of compatible and acceptable materia~ to b~ separated
and stock piled by WMIF tor the County's u~e as a part of the C&D Recycling
improvements. WMIF will ~tock pile at 19ast SISOO tan/year of artificial reef
compstible material. County will as~ist WMIF in the process of identifying
artificial reef compatible material and WMIF will not be responsible for the
composit.i.oll o! the artificial reef mat.eri.al.
S. The county Currtimtly is evaluating whether it ..hould enter into ..
contract for thQ gasification of ~ome of the municipal solid waste (MSW)
collaot@d within the County. The County intends to issue a request for
Page 2
08/12/2002_ 09: 38 FAX 919414t}780.}!j
..
.
.
.
IVM or FLi.lf< IDA INe
!4J nOli
proposaJ.s (RFP) for a gasification tacility, which will have.;, minimum
capacity of 150,000 ton~ per year (TPY). If the ga~ification tacility is
built and operated befor~ the expiration or e~rmination of che Solid Waste
Collection Service Agreement, as amended, between the county and WMIF, th~n
WMIF wil! deliver u~ to 150,000 TPY of MSW to the ga~ification facility. Th~
M$W will be collected from residential neighborhoods selected by the county
and, therefore, WMIF will I~ot be responfdbJ.a for the composition of the MSW
delivered to the 9a~ification tacility. No sics for a ga~ification facility
has been chosen as yet, "but a facility may be pla.ced at l4lither the Naplee
Landfill or Immoka~e@ Landfill. W~IF agrees and acY~owledges the county's
x-ight to place the facility at the Naples LanC1~il1 out:;ide of the celIe 1 and
:2 r~construc1:ion areas ae designated in the Landfill permit Application dated
January 2002 if it so chooses. WMIF i9 the currenC permit holder for
Btormwat@r with South Florida Water Managem9n~ District (SFWMO) ~t both
Naplee and Immokale@ Landfill_ If th~ County desire~ to place a gasification
facility ~t the Naples Landfill area chat is currently designated or deBignQd
a~ part of the Btormwater m~agement ey~t8m, the County will compeneate WMIF
the cost to redesign, permit, and construct a new 8tormwater system to
accommodate the nti!w gasification tnf:r:aGtructure. Furthert WMIF would not be
respone~ble for contamination ol~anup cose of groundwater or SCorrnwater
potentially deriving from the. gasification operation.
In the event- WM!F is
required to modify or resubmit the exiating Title V air permit due the
additional a~r emieaion SDurce from a gesification operation. the COLmty w~11
reimbur~e WMIF the design, permitting/ and construction cost related to the
mcoification of the Titla V air permit. WMIF shall not be responsible for
objectionable odor~ caused by the o~eration of a gasification plant.
.
Page 3
08/12/20e2 09:38 FAX 919414l~780:J5
WM OF FLORIDA INC
co 'Inl~
4::!:1-"".
.
G.
If the County enters into a contract for a MSW gasification
tacility, or if the County enters into a contract for the collection and
proc9ss1ng of organic waste, these activities could result in a reduction in
the amollilt of solid waste delivered to thl'": Naples Landfill. Onder such
circumstance~1 th~ County's f~e to WMIF for operating the Landfill shall be
determined by u3ing the I'sliding scale~1 Fee Schedule contained in Exhibit "Gn
of the Landfill Operation Agreement. The fees authori~ed pursuant t.o "E~hibit
"G" shall be adju.sted in accordanc@ with section 5.2 of the Landfill
Operation Agreement to ~ccount for increases in the Consumer priee Inde~.
7. The county current.ly is Glvaluating whether it 3hould ertter into a
contract for the collection and proceseing of solid wQsta that is rich in
organic material (e.g., tood waste)
The County currently intends to issue
.
a;n RFP for the colle!ction and pl:oc:~sBing of organic waste. Nothing in thi~
RFP will affect WMIF's right unde~ ita franchise agreement to be the
exclusive provider of reeidential curbside and comrnQrcial collection until
September 30, 2006.
8. Giv~n the provisions of paragraphs 1-7 above, WMIF will not be
responsible for the composition of the MSW delivered eo a gasification
facility.
Furthermore, WMIP' will not object to the issuance of an RFP or the
award Q~ a coneraet for a M$W gasification facility or the collection and
processing of organic waste matQrilills, ",van if these activities result in the
award of a contract to au entity other than WMIF or reeul t in a l~eduction i.n
the amount of eolid waete delivered to WMIF at the Naples Landfill
13y executing t.his Memorandum of Understanding, the undersigned
acknowledge that they understand and agree with the general proviaione ~et
.
forth in paragraphs 1~8, abovQ.
Pas", 4
,., ,..-._-~,....._^....._, ....~.._-,,-,.~,.~.,
~ .~. '.'.--_.~-"~-- .
Oa!12/200~ 09:38 FAX 919414978035
~ll OF FLORIDA INC
IdJ'H'7
.
By;
j/
Date: -2/ ..;F~! .;2';0;2...
James V. Mudd
Acting County Manager
Date:
ey:
chuck
Wa.este
Inc. of Florid..
at to form
fiCi&ny- /
.
Attorney
cc;Ron KaIJlan
.
Page 5
, .
~
,
.
.
SECOND AMENDMENT TO LANDFILL OPERATION AGREEMENT
BETWEEN COLLIER COUNTY AND
WASTE MANAGEMENT INC. OF FLORIDA
This is the "Second Amendment to the Landfill Operation
Agreement Between Collier county and Waste Management Inc. of
Florida" ("Second Amendment"), and this Second Amendment is made
and entered into in duplicate as of this ~ day of
Qe-ftl!' _ ,2001, by and between CoLlier County (the. .
~ounty.), a political sUbdivision of the State of Florida, and
Waste Management Inc. of Florida (the "contractor") .
WITNESSETH:
WHEREAS, the County and the Contractor entered into a
"Landfill Operation Agreement Between Collier County and Waste
Management Inc. of Florida" (the "Agreement") dated February 7,
1995; and
'.
WHEREAS, the County and Contractor entered into an
"Amendment to Landfill Operation Agreement Between Collier County
and Waste Management Inc. of Florida" (the "First Amendment")
dated February 27, 1996; and
WHEREAS. the County and Contractor now desire to further
amend the Agreement.
NOW, THEREFORE, in consideration of the promises and
covenants contained in this Second Amendment, and for other good
and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree to the following
modifications to the Agreement.
The additions to the existing language in the Agreement are
shown herein by underlining; deletions from the Agreement are
shown by . Entirely new sections of the Agreement
are set forth below as Sections 2.26, 2.27, 2.28, 2.29, 2.30,
3.11, 3.12 and 5.7. This Second Amendment does not contain or
repeat those provisions of the Agreement that are unchanged.
1. The following provisions in Section 1.0 ("DEFINITIONS")
are amended as indicated:
.
1
- -.
-
- .
.
'.
"Construction and demolition debris" has the meaning given
it in Rule 62-701.200(27), F.A.C. "ConotructioB 3nd-eemo~tion
Eiebrio" mcano ffiatcri;)lo general-ly conoidcred-t:o be not '..'ater
oo~c 3nd non hazardouo in Bature, incl~ing-eut no~imitcd-te
",tccl, 9-1<>00, bride, concrete, as~t roofing matcri3l, pipe,
~oum wal~bo;)rd, ;)nd-luffibcr, froffi ~c conotruction or
ecotruction of ;) otructurc 30 part of a conotruction or
acmo14tion projcct or from ~hc renovation or maintenance of ;)
s-tructurc. 'I'-he tcrffi includeD rocko, ooilo, trcc remaino, tr'cco,
and o~hcr vc~ivc ffia~ter which Borffial~ rcou~o from land
elcaring or land-4cvcl~pfficnt opcrationo for 0 conotructibn
proj cct. MiJting of Conotruction and-4cmo14tion debrio ...i~ ot:hcr
typeD of 80~ W;)otc, including ffiatcrial which io not--froffi t~
actual conotruction or dcotruetion oF-a otructurc, wil~ cause it
to Be claoDificd 00 otficy than Conotruetion and-acmo~ion
~
"Final cover" has the meanJ.ng gJ.ven it J.n Rule 62-
701.200(39), F.A.C.
"Initial cover" has the meaning given it in Rule 62~
701.200(59+&), F.A.C.
;.
"Intermediate cover" has the meanlng given it J.n Rule 62-
701.200(61~), F.A.C.
"Landfill" or "Sanitary Landfill" has the meaning given it
in Rule 62-701.200(64~), F.A.C.
"Objectionable odor" has the meaning given it in Rule 62-
210.200(203), F.A.C.
"On-site" has the meanlng glven it in Rule 62-701.200(87) ,
F.A.C. mcano on ~c Dome or gcogra~hical~y contiguouo property,
which may dividee-by a ~ic or private rigfit of way.
"Recovered materials" has the meaning given it in Rule 62-
701.200(10265), F.A.C.
"Recycling" has the meanlng given it in Rule 62-
701.200(105~), F.A.C.
"Solid waste" has the meanJ.ng given it J.n Rule 62-
701.200(113~), F.A.C.
"Solid waste disposal unit" has the meaning given it in Rule
62-701.200(116), F.A.C.
.
2
"',"'.
"
!.
"Special wastesn has the meaning given to it in Rule 62-
701.200(119+&), F.A.C., and includes any waste described in
Exhibit "Cn attached hereto and incorporated by reference.
"Waste tire" has the meaning given it in Rule 62-
701-+H-.200(134) , F.A.C.
2. The second paragraph of Section 2.6 ("Scope of
~erating Responsibilityn) is amended as follows:
Except as provided in Section 3.2, the Contractor shall at
its expense perform all operations of the Facility including, but
not limited to,: placement and compaction of Solid waste,;
excavation, transport and placement of On--site borrow material as
Initial cover and Intermediate cover; acquisition and placement
of Initial cover, Intermediate cover, and Final cover; Leachate
collection, temporary storage and conveyance to an approved point
of off-site disposal; gas control to the extent necessary to
eliminate nuisance odors; On-site erosion control measures and
stormwater management facilities; control of On-site fires; On-
site utilities; required maintenance of equipment (except
calibration of the scales); Qnd incidental operations and
maintenance; and On-site litter control, including the access
road from County Road 951 to the Naples Landfill entrance. The
Contractor shall be allowed to excavate and utilize all On-site
borrow material that may be available from the Facilities,
inc1tieing-eflC material made a~ail~c from ~hc mi~~ af Cckle ~
The Contractor also shall design,
ermit, construct and close an new solid waste dis osal units at
the Naples Landfill.
.
3. The first two sentences of Section 2.7 ("Groundwater
Monitoring and Testing") are amended as follows:
The Contractor shall at its expense collect samples from the
On-site groundwater monitoring wells and submit them to ~
€~fttraoter'a EnYirenmcft~eni~eriftg-Laborato~J- a DeEartment
~roved and certified laboratory for analysis. ~hc Contractor'o
cRViroRMcn~eratoxy ~ ~ gepartmcnt ~pprevcd
~oratorl.
4.
The first sentence ~n Section 2.12
("Household
.
3
.
""".<;'".'e., ".""._,'_
Ie
Hazardous Waste Collection Center") is amended as follows:
2.12 Household Hazardous Waste Collection Center.
The Contractor shall operate the household hazardous waste
collection center at the Naples Landfill for the collection of
Class III Special waste and household hazardous waste during the
hours of 8:00 a.m. - 12:00 Noon every Saturday and 12:00 Noon -
r:oo p.m. every Tuesday, Wednesday, Thursday, and Friday, except
holidays.
-
.
5. Section 2.13 ("Mining Operations") is deleted in its
entirety.
6. The first four sentences in Section 2.14 ("Cover
Material") are deleted in their entirety. The remaining
provisions of Section 2.14 are amended as follows:
'.
Any use of tarpaulins in lieu of ~ Initial
cover material shall be for the working face only and
shall require the Erior written aEProval of the County
Manager. In no event shall the Landfill working face
exceed a fifty (50) foot by one hundred (100) foot area
when daily work ceases on the working face.
Subject to the provisions of this paragraph, the Contractor
shall use an alternate initial cover if the use of such
material is requested in writing by the county and aEProved
~ the Department. For the purposes of this paragraph onl~
the alternate initial cover material shall consist of:
bi~~ass (e.g., mulch); construction and demolition debris
(not including gypsum wallboard); a combination of biomass
and construction and demolition debris; or a combination of
biomass, construction and demolition debris, and soil. If
the alternate initial cover material contains soil, the
Contractor shall be reimbursed for the soil pursuant to the
provisions of Subsection 2.26(5) of this Agreement; however,
tEe Contractor shall receive no additional compensation for
preparing or using the alternate initial cover material.
7. Subsection 2.15.1 ("~pecifications") is amended by
.
.
4
i~.;
.
.
adding the following new paragraph 12:
2.15.1 ~ecifications.
* * * * *
(12) Wallboard shall be separated from the C/D material for
disposal at an aEPropriately licensed solid waste management
facility, other than one of the Facilities.
.
8. A new Section 2.26 ("Additional Odor Control Measures")
~s created as follows:
2.26 Additional Odor Control Measures.
.
(1) The Contractor is responsible for ensuring that the
~les Landfill does not cause objectionable odors in off-site
areas. In addition to the other odor controls required in this
Agreement, the Contractor shall undertake the following odor
control measures at the Naples Landfill:
(a) The Contractor shall only use soil as initial
cover, unless the Contractor receives prior written
authorization from the County Manager~and the
~artment for the use of other materials.
(b) The Contractor shall not remove the Initial cover
from the solid waste when recommencin~ operations at a
particular location, unless the Contractor receives
prior written authorization from the County Manger and
the Department to do so.
(c) The Contractor shall construct horizontal g~
collection trenches, and shall install collection
headers and other necessary eiPing, at the working face
as part of the Contractor's normal operating procedure,
unless the Contractor receives prior written
authorization from the County Manager to terminate this
procedure.
(d) The Contractor shall install backup generators
with automatic switchgear to help ensure the continuous
2Peration of the Landfill's odor control system, even
in the event of an electrical power outage.
4t
(e) The Contractor shall provide three phase
5
-- .,iC.,-
._"-'.'. .
,
I
I
lie
I
,
electrical power for the Landfill's odor control
'!!ystem.
.
(f) The Contractor shall install other equipment,
perform aEpropriate studies, and take other steps to
~rove the odor control system at the Naples Landfill,
if such actions are requested in writing by the County.
(g) The Contractor shall promptly install an upgraded
blower and flare system with a minimum manufacturer's
. .
rated flow capac1ty of at least 3,000 standard cubic
feet per minute. This system shall be designed,
maintained, and operated to ensure that the blower and
flare are operated continuously and restart
automatically, if necessary "
.
(2) Subject to the conditions and limitations contained in
this Agreement, the County shall reimburse the Contractor for the
reasonable out-of-pocket costs the Contractor incurs when
undertaking and implementing the odor control measures described
in Subsection 2.26(1) of this Agreement. However, the Contractor
shall not be paid any "mark-up" for the Contractor's out-of-
pocket costs, or any profits, or any other fees or charges for
the activities required pursuant to Subsection 2.26(1) of this
Agreement.
(3) The Contractor shall coordinate with the County before
procuring materials, equipment or services under this Section
2.26. The Contractor shall use a competitive procurement process
to obtain suitable materials and equipment at the lowest cost.
(4) The Contractor shall be reimbursed $0.36 for each ton
of solid waste that is disposed of in a lined cell at the Naples
Landfill. However, the reimbursements under this paragraph shall
cease when 9.3 million tons of solid waste have been disposed of
in the lined cells at the Naples Landfill. For the purposes of
this paragraph, the tonnages placed in the lined cells at the
~les Landfill shall only include solid waste delivered on or
after May 1, 2001.
.
,
(5) Subject to the limitations contained in this Agreement,
the County shall reimburse the Contractor for the cost of the
additional off-site soil that was purchased and used as a result
of implementing the requirements of Subsections 2.26(1) (a) and
(b), above. The amount of the reimbursement shall be based on
the Contractor's invoices for soil purchases. However, to
demonstrate compliance with Subsection 2.26(7), below, the amount
6
~,
I.
of the reimbursement also shall be evaluated by using the
following formula:
SR = Q x C
Where,
SR = the soil reimbursement to the Contractor;
Q - the quantity of soil purchased and used as initial cover
at the Naples Landfill during the preceding month; 'and
C = the cost per cubic yard of soil, based on the avera~
cost during the preceding month. .
The Contractor shall not be reimbursed under this Subsection
2.26(5) or Subsection 2.26(6), below, unless the Contractor uses
soil as initial cover at the Naples Landfill. Except as
~ressly provided in this Agreement, Contractor shall not be
reimbursed or receive any other payment for the cost of
procuring, preparing, handling or placing initial cover at the
Facilities.
.
(6) Subject to the limitations contained in this Agreement,
the County shall reimburse the Contractor for the airspace in the
~les Landfill that is lost as a result of implementing the
requirements of Subsections 2.26(1) (a) and (b), above. The
amount of the Contractor's reimbursement shall be calculated by
using the following formula:
AR = Q x ($3.30 per cubic yard) x I x D
Where,
AR _ the airspace reimbursement to the Contractor;
Q _ the quantity of soil purchased and used as initial
cover at the Naples Landfill during the preceding
month;
I - the soil infiltration factor of 0.8; and
D _ the soil compaction factor (load factor) of 0.89.
The Contractor shall not be entitled to any further
reimbursements for lost airspace if the Naples Landfill has
received or will receive 9,3 million tons of solid waste for
disposal in lined cells oetween May 1, 2001 and the time of the
landfill's final closure.
(7) When calculating the amount of the Contractor's
reimbursements pursuant to Subsections 2.26(5) and (6), the
maximum allowable value for "Qn (the quantity of purchased soil
in cubic yards) shall be 28% of the volume, in cubic' yards, of
the solid waste placed in the lined cells in the Naples Landfill
.
7
,
,-
'.
during the preceding month.
For the purpose of calculating th"'_1110nt::hly~,,01ume of solid waste
placed in the Naples Landfill, the following formula shall be
used:
Waste volume placed in cubic yards - Waste placed in
tons divided by 0.65
The results of this calculation shall be reviewed annually and
the reimbursements to the Contractor shall be adjusted, if
necessary, based upon a determination of the actual volume of
solid waste placed in the Naples Landfill, as determined by
aerial photogrammetry or other metho~~~ 9.L, eg~i valent accuracy.
.
(8) Each month the Contractor shall EE9.vide the County with
~, detailed billing statement, including invoiG_es ,for the soU
that the Cpntractor purchased and used during the prior month as
initial cover at the Naples Landfill. The Contractor's billin~
statement shall contain the calculations required pursuant to
Subsections 2.26 (5), (6), and (7), above. The Contractor's
billing statement also shall include any other requests for
reimbursement pursuant to this Section 2.26. The County shall
reimburse the Contractor within 45 days after receiving the
Contractor's billing statement.
(9L With regard_ to_the activities reg~ired in Subsections
2 .26 (1) (d), (e) and (f), the Contractor shall obtain the CountJ:':
Manager's prior written aeproval before incurring any
reimbursabl~ expense for these activities. Any materials or
~uipment (e.g., generators) purchased by the Contractor pursuant
to Subsection 2.26(1) shall become the County's property when the
County reimburses the Contractor for the purchase of such
materials and equipment.
F
.'
(10) The Contractor shall receive no reimbursements for the
activities regtlired ~rsuant to Subsection 2.26 (1) (g) .
(11) As an additional odor control measure, the Contractor
may use soil for part or all of the intermediate cover at the
~les Landfill. Subject to the limitations contained in this
Agreement, the County shall J:'E?~rnburse the Contractor for the off-
site soil that is purchased and used at the Naples Landfill as
intermediate cover. The reimbursements shall be based on the
Contractor's invoices for soil purchases, which shall be
submitted monthly, in accordance with Subsection 2.26(8) of this
Agreement. The County's obligation to reimburse the Contractor
for soil used as intermediate cover is limited to a total of
.
8
,
!.
$40,000 er ear and also is limited b the rovisions of
Subsection 2.26(12) of this A reement. Exce t as ex ressl
rovided in this A reement, the Contractor shall not be
reimbursed or receive an other a nt from the Count for the
cost of rocurin re arin ,handlin or lacin intermediate
cover.
.
(12) Notwithstandin an other rovision of this A eement,
the contractor's total reimbursement for the odor control .
measures re ired b section 2.26 of this Agreement shall not
exceed 3.86 er ton of solid waste dis osed of in the lined
cells of the Na lea Landfill. Com liance with this re irement
shall be determined on an annual basis. On June 1, 2002 and at
least once each ear thereafter, the contractor shall submit a
written re ort to the Count Mana er demonstratin co liance
with the re uirements of this ara ra h. At a minimum, the
Contractor' s ~nnuU..;r;e ort shall identif: (a) the total amount
of solid waste laced in the lined cells of the Na les Landfill
durin the recedin 12 months; (b the total amount of the
reimbursements that the ontractor received durin the recedin
12 months ursuant to Section 2.26 of this A reement. and (c)
whether the Contractor's reimbursements were reater than 3.86
er ton. If the reimbursements exceeded $3.86 er ton, the
County shall deduct an aEPropriate amount from the fees that are
to be paid to the Contractor pursuant to Section 5.1 of this
~reement.
.
The maximum reimbursement of 3.86 er ton shall be ad'usted
annual 1 in accordance with the rocedures described in Section
5.2 of this A reement. However an CPI ad ustments shall be
based on the chan es in the CPI that occur after the effective
-
date of the Second Amendment to this Agreement.
9. A new Section 2.27 ("COnstruction of New Cells 1 and
2#) is created as follows:
-
2.27 Construction of New Cells 1 and 2.
.
In conjunction with the County's efforts to remediate Cells
1 and 2 in accordance with the requirements in Section 3.11 of
this A reement, the Contractor shall take all steps necessa~to
make Cells 1 and 2 suitable for use as a new solid waste dis sal
unit. Among other things, the Contractor shall: obtain the
necessa environmental ermits and a rovals; rocure and lace
fill material. as neces a ,to establish a ro riate slo es for
the base of the new solid waste disposal unit; and install liner
_. .--
-
9
.
and leachate collection systems. The costs of these activities
shall be paid by the Contractor. Notwithstanding anything else
contained in this Agreement, the Contractor shall not receive any
fee or other compensation for any landfill capacity that is lost
if the base of the new solid waste disposal unit is above the
natural grade at the Naples Landfill.
10. A new Section 2.28 ("Schedules and Procedures for'
Landfill Expansion") is created as follows:
.
2.28 Schedules and Procedures for Landfill Expansion.
(1) Beginning October 1, 2001, and each year thereafter,
the Contractor shall provide the County with a written estimate
of: (a) the total volume of the lined landfill capacity that is
unused and available in the Naples Landfill for the disposal of
the County's solid waste; and (b) the amount of time that will be
required to fill the remaining capacity of the Naples Landfill.
These estimates shall be prepared and certified by a professional
engineer. The estimates shall identify all of the relevant facts
and assumptions used by the Contractor when preparing the
estimate.
.
(2) The Contractor shall provide written notice to the
County when the Contractor determines that_.the Naples Landfill
has three (3) years of lined landfill capacity remaining. At
that time, the Contractor shall ask the County to issue a written
notice to proceed with the design, permitting and construction of
the next solid waste disposal unit in the Naples Landfill.
(3) Within six (6) months after the County gives the
Contractor a written notice to proceed, the Contractor shall file
an aEPlication with the Department pursuant to Chapter 62-701,
F.A.C., for a permit to construct the new solid waste disposal
.
un~t.
(4) The Contractor shall work diligently with the
~artment and the County to ensure the prompt issuance of all of
the necessary permits for the construction of the new solid waste
disposal unit. Within thirty (30) days after the necessary
permits are issued, or at a later date if aEProved in writing b~
the County Manager, the Contractor shall commence the
construction of the new solid waste disposal unit. Thereafter,
the Contractor shall diligently and continuously pursue the
completion of construction.
.
10
.'
~.--.
.
'.
(5) The Contractor shall complete the construction of the
new solid waste disposal unit within twelve (12) months after
commencing construction.
(6) If, at any time during the term of this Agreement, the
NaE~es Landfill has less than two and one-half (2.5) years of
lined capacity for the disposal of the County's solid waste, the
Contractor shall, upon request, EEovide a written guarantee to
the County for at least two years of disposal capacity at the
Contractor's Okeechobee Landfill. This guarantee shall be
provided at a cost to the"County of one dollar ($1.00) per year.
For the duration of this guarantee, the County shall be allowed
to dispose of its solid waste at the Okeechobee Landfill b~
paying (a) the lowest rate available to the general public (i.e.,
the gate rate) or (b) any lower rate that is mutually acceptable
to the County and the Contractor. The Contractor's guarantee
shall be provided under the gener-al terms and.conditions .set
forth in the Disposal Capacity Agreement that is attached hereto
as Exhibit K. This Subsection 2.28(6) sUEPlements the County's
rights under the Disposal Capacity Agreement and Subsection 2.29,
below.
:.
(7) The deadlines established in Subsections 2.28 (3), (4) ,
and (5) shall be adjusted, if necessary, to account for Force
Majeure events, consistent with the provisions of Section 8.3 of
this Agreement.
11. A new Section 2.29 ("Use of Okeechobee Landfill") is
created as follows:
2.29 Use of Okeechobee Landfill.
(1) Subject to the conditions contained in this Section
2.29, the Contractor shall transport up to 900 tons per day (tpd)
of solid waste from the Naples Landfill to the Okeechobee
Landfill for disposal. The Contractor shall be responsible for
all costs and expenses associated with this activity, including
but not limited to the cost of loading the solid waste into
transport trailers at the Naples Landfill, the cost of
transportation, and the cost of disposal at the Okeechobee
Landfill.
(2) The Contractor will begin transporting and disposing of
solid waste from the Naples Landfill within 120 days after the
Contractor receives a written notice to proceed from the County.
The County's notice to proceed shall specify the quantities of
.
11
,j~~
'.
solid waste to be hauled to the Okeechobee Landfill and the
anticipated duration of the Contractor's activities hereunder,
which shall be at least six (6) months. The County shall give
the Contractor at least thirty (3D) days advance written notice
before terminating the Contractor's services under this Section
2.29.
(3) The Contractor will transport and dispose of the
County's solid waste at the Okeechobee Landfill at least five (5)
days each week, except holidays.
(4) The Contractor shall use its best efforts to ensure
that the solid waste taken to the Okeechobee Landfill is
comprised of garbage, rather than mulch, yard trash, or
construction and demolition debris.
.
(5) The County shall pay the Contractor a fee of $54 Per
ton for the transfer, transportation__and disposal of the solid
waste that is taken from the Naples Landfill to the Okeechobee
Landfill. This fee shall not be paid for solid waste that is
disposed of in the Naples Landfill.
(6) The $54 fee shall be reduced by two percent (2%) if the
County pays the Contractor within twenty (20) days after the
County receives the Contractor's monthly bill for services under
this Section 2.29.
(7) The $54 fee shall be adjusted annually in accordance
with the procedure described in Section 5.2 of this Agreement.
However, any CPI adjustments in the fee shall be based on the
changes in the CPI that occur after the effective date of the
Second Amendment to this Agreement. The Contractor's fee under
this Section 2.29 shall be adjusted upward or downward, at the
request of the County or the Contractor, if there are changes in
the cost of fuel or fuel taxes after the effective date.
Adjustments for changes in fuel costs or fuel taxes. shall only be
paid on the amount of fuel that is aonsumed by the Contractor
when hauling the County's solid waste from the Naples Landfill to
the Okeechobee Landfill and returnin~
(e) The rights and Obligations created by this Section 2.29
shall expire when the Contractor commences operation of a new
solid waste disposal unit in Cells 1 and 2 of the Naples
Landfill, or ten (10) years from the effective date of the Second
Amendment to chis Agreement, whichever occurs first.
12. A new Section 2.30 (UTesting Requirements For Odor
.
12
,.'
.,....
'e
Control System") is created as follows;
2.30 Testing Requirements For Odor Control System.
(1) Within 90 days after the effective date of this Second
Amendment to the Agreement, the Contractor shali provide the
County with a proRosed plan and protocol for testing the adequacy
of the odor control system at the Naples Landfill. The testing
protocol shall be prepared and certified by a professional
engineer with experience concerning landfill odor control
systems. The County shall promptly review the proposed testing
protocol and shall aEProve, or aeEFove subject to reasonable
conditions, the commencement of tes'ting. The Contractor shall
commence testing within 90 days after receiving the County's
written aEproval.
(2) The testing-yrotocol shall obtain objective standards.
and criteria for determining the adequacy of the Landfill's odor
control system. If the tests demonstrate that the Landfill's
odor control system does not satisfy the criteria contained in
the testing Erotocol, the Contractor shall promptly correct the
deficiencies in the odor control system.
.
(3)
following
At a minimum, the testing protocol shall address the
J.ssues:
(a) The blower and flare at the Landfill shall have a
minimum manufacturer's rated flow capacity that is
~al to or greater than 3,000 standard cubic feet per
minute.
(b) The flow within the odor control system shall be
regulated to maximize the amount of gas extracted,
while preventing fires and damage to the odor control
system.
(c) The blower shall have the capacity to provide
sufficient flow and vacuum distribution throughout the
odor control system (i.e., well field). This capacity
shall be demonstrated by providing a minimum negative
pressure equal to or greater than 0.5 inches of water
pressure at all locations. This demonstration shall
include in-situ field measurements and performance
monitoring at extraction wells and the blower station.
(d) Surface emissions scanning shall be conducted on
all cells to confirm the performance of the odor
control system in these areas.
e
13
- .-:..
.
(e) The geomembrane cap system in Cells 3 and 4 shall
be evaluated to ensure it is continuous and 0 eratin
properly. If it is not, the Contractor shall notifx
the County, which shall be responsible for addressing
the deficiency in the geomembrane ca~
(4) With the submittal of the testins-protocol, the
Contractor shall provide the County with copies of ~as-built~
drawin~s and other a ro riate information concernin the desi
and operating_parameters of the odor control system. These
documents shall be updated and resubmitted to the County at least
annually.
(5) The Contractor shall submit an updated testing-protocol
and shall conduc.t tests of the odor control system at least once
each ear, unless the Contractor receives rior written a
from the County Manager to delay or suspend the testin~
(6) The Contractor shall be solely responsible for the cost
of preparing the testing protocol and conducting the tests
concerning the Landfill's odor control system.
.
13. Section_~.l ("Waste Haulage") is amended as follows:
3.1 Waste Haulag~.
The County shall cause its franchised haulers to deliver
their solid waste to the Facilities. However, nothing contained
in this Agreement shall prevent the County from sending sludge,
Construction and demolition debris, Yard trash, land clearin
debris, mulch, S ecial waste, Trash, Waste Tires, or White oods
direct 1 to another solid waste mana ement facilit , without
delivering such materials to the Facilities. The Contractor
shall be given at least 90 days advance notice before the County
directs such materials to a solid waste mana ement facilit other
than the county's Facilities.
14. A new section 3.11 ("Remediation of Cells 1 and 2") is
created as follows:
3.11 Remediation of Cells 1 and 2.
The County shall evaluate the ~sical and chemical
characteristics of the materials currently contained in Cells 1
.
_.. --
...-.
14
I.
and 2 of the Naples Landfill. After the County's evaluation has
been completed, the County and WMI shall attempt to identif~
mutually acceptable procedures for (a) the remediation of Cells 1
and 2 and (b) if necessary, the compaction of Cells 1 and 2 for
use as a new solid waste disposal unit. The County currently
plans to excavate and remove the materials in Cells 1 and 2. If
some or all of the materials in Cells 1 and 2 are not excavated
~ the County, the County shall use dynamic compaction or other
aEPropriate techniques, as necessary/ to compact the materia~ in
cells 1 and 2 so that they will provide a suitable base for the
construction of the new solid waste disposal unit. However, the
County shall not 'be responsible for grading Cells 1 and 2, or
placing fill material in Cells 1 and 2, or otherwise establishing
the slopes or sub-base for the installation of the new liner and
leachate collection system in Cells 1 and 2.
The County shall have the sole right and authority to
determine the most suitable method of remediating and, if
necessary, compacting the materials in Cells 1 and 2. The Count~
shall E!Y the cost of completing the activities required by this
Section 3.11. The Contractor shall pay the cost of constructing
the new solid waste disposal unit in Cells 1 and 2 pursuant to
Section 2.27, above.
e
If the County excavates solid waste from Cells 1 and 2 and
then delivers the solid waste to an active lined cell at the
Naples Landfill, the Contractor shall cover and dispose of the
excavated solid waste at no additional cost to the County.
However, if the Contractor must bring additional equipment or
personnel to the Naples Landfill on a temporary basis solely to
handle and dispose of the excavated solid waste from Cells 1 and
2, then the County shall reimburse the Contractor for the cost of
obtaining such equipment and personnel. The Contractor's
reimbursements for equipment and personnel shall be limited to
Contractor's actual expenses, as documented with invoices, and
shall not include any mark-up or profit.
15. A new Section 3.12 ("County Inspections") is created as
follows:
3.12 County Inspections.
The County and its authorized agents shall have the right to
inspect and monitor all of the operations at the Facilities. The
County also shall have the right to inspect the Contractor'.s
records concerning the Operation and maintenance of the
.
15
".,-.........---,-.., ,-,-,,,,", ...-
"...._, .'~ _,> 0.'."
'.
.
.
Facilities. The Contractor shall cooperate with and assist the
County's inspectors.
16. A new Section. 5.7 ("Deductions from Contractor's Fees.)
is created as follows:
5.7 Deductions From Contractor's Fees.
.
J}) The County may reduce the amount of the fees paid to
the Contractor, subject to the conditions contained herein. The
remedies contained herein are sU29lemental to the other remedies
available to the Count at law and in e it. B executin this
A reement, the Contractor waives its objections to the rovisions
of this Section 5.7, but the Contractor reserves its right to
object to the facts concerning any specific deduction, if one is
assessed.
(2) If the Contractor fails to give timely written notice
to the County concerning the remaining capacity in the Naples
Landfill, in accordance with Subsections 2.28(1) and (2), the
County may deduct $500 from the Contractor's fee for each day of
delay.
(3) If the Contractor fails to file a timely permit
~plication with the Department, in accordance with Subsection
2.28(3), the_County may deduct $1,000 from the Contractor's fee
for each day of delay.
If the Contractor fails to commence construction in
with the timetable in Subsection 2.28(4), the Count
$2,000 from the Contractor's fee for each day of
(4)
liance
may deduct
delay.
(5) If the contr~ctor fails to complete the construction of
the new solid waste disposal area, in compliance with the
timetable in Subsection 2.28(5), the County may deduct $5,000
from the contractor's fee for each day of delay.
(6) Any deductions assessed pursuant to Subsections 5.7(4)
or (5) shall be reduced by one-half (~) if the Contractor
completes the construction of the new solid waste disposal unit
180 days or more before the lined capacity of the Naples Landfill
is compl~tely depleted.
(7) If the County or De~artment determine that the Naples
Landfill caused objectionable odors at an off-site location,
periodically, for 48 hours or more, the County may deduct $5,000
16
, .
'.
i.
.
"
from the Contractor's fee for each day when such odors occur.
However, the provisions of th~s paragraph shall not be enforced
when the County is excavating solid waste from Cells 1 and 2
~ursuant to Section 3.11 of this Agreement or the Contractor is
installing new wells or performing maintenance that is the source
of the odor.
(8) If the Contractor fails to cover the solid waste at the
end of each day in compliance with Rule 62-701, F.A.C., or if the
Contractor fails to properl~ operate or maintain'the landfill's
gas control system, the County may deduct $1,000 from the
Contractor's fee for each such incident.
(9) The County Manager shall give written notice to the
Contractor before the County deducts any amount from the.
Contractor's fee. If the Contractor objects to the County's
proposed action, the Contractor shall notify and meet with the
County ManaSer within 21 days after receiving the County's
notice. If the County Manager and Contractor cannot agree about
the amount or a2propriateness of the proposed deduction, the
Contractor may request a hearing before the Board of County
commissioners. The Contractor's re~est for a hearing shall be
submi tted in writing within seven da~, after the County M~,"ager
~forms the Contractor about his or her decision, The Board shall
fully and fairly consider the Contractor's objections at a duly
noticed public meeting.
If the Contractor disagrees with the Board's decision, the
Contractor shall have the right to submit the dispute to binding
arbitration pursuant to Section 8.15 of this Agreement.
17. Section 8.2 ("Notices') is amended as follows:
8.2 Notices.
Notices of conditions or situations effecting the work to be
performed under this Agreement shall be given in writing between
designated operating personnel of the Contractor and the County.
All other notices shall be given in writing, to be delivered by
certified mail, to the parties at their respective addresses as set
forth below:
If to the Contractor, at:
17
..
-"-
'.
.
.
..
Waste Management Inc. of Florida
~. Llt'cHlerd&:le, F'-larilia 3~
James B-:--GJ-CMlftO:r, Gra~resiacnt:
2700 NW 48th Street
Pompano Beach, Florida 33073
G.R. Holcomb, Vice President
With a copy to:
Waste Management Inc. of Florida
~O Cypreoa Creo~ad, w., Suite 3~
l"t. Lauderda-le, li'loridi! 3339-9-
~B: Jehft J. Ray I~I, Viee Prcaidcnt and Ceneral Counacl
2700 NW 48th Street
pompano Beach, Florida 33073
Attn: Ronald Kaplan, Florida Region Counsel
If to the County, at:
Collier County
3301 Tamiami Trail East
Naples, Florida 33962
Attn: , County Manager
With a copy to:
Collier County
3301 Tamiami Trail East
Naples, Florida 33962
Attn: County Attorney
This Second Amendment will become effective when duly
approved and signed by the Board of County Commissioners. This
Second Amendment shall remain in effect during the period that the
Agreement is in effect.
IN WITNESS WHEREOF, the parties hereto have caused this
Second Amendment to Landfill operation Agreement Between Collier
county and Waste Management Inc. of Florida to be fully executed as
of the date first written above.
18
..
.-
(.
ATTEST
AS TO COUNTY:
'-'
,
.
BOARD OF COUNTY
COMMISSIONERS OF
COUNTY, FLORIDA
'. ~
'i"
-'
,
Attest .. to 0111......
S fllllltlll"e -'I.
By:
James
.
COLLI.ER .......... '- .' .
.' >"j -.~
.' i, '~, ., ,:.. ,
'.' .c". '." ~ .
....' ...J' . . ".....'... '. ,"
. ... ;1',.;' ." ". I T",,' ,
'\ ",' ..,',... -t .:.... ...~.~ \ .,,' ..;, > < ,
'"IJ'- \~.. 1"':' I~.lo ..I~:.:.~ .
",. .. ..I { _.,
, h~'..:')-_,~ ''fl'' '. ...-.:..... "lr,' 1-
,"'t!..' 'J" '.,' .~t....... t ~.
. .... ..~'.. .....:.{
. "J :f.1'~......'
,or, :.., \.,. __,
- . I" ,". '...
/'..-- .' . ..~)... - ,
" .' " . . >. ,
Carter;:: ~,h:P~~:'I.:_c:e.a:.,f~~~j'. .. \"
, . /' I. "Cr .,...'. 11 .
-;, ,.,' y", .......... ...p...<.J':- ..
.... " ~. ~ -- . - . . . . .
.. ~ .. . ''\,. ..
, ",- .' ,,' ,.... ,
, , . .. . ,-..
~ ",. ..
't. . , .'
'. .,- ;1 ""l . \'l ~ - ,'" ,
',' "'" \', ','
. J ' ," ~(
. .1 ..-./'.
- , . , . . j I . Il' "~ .' ~
WITNESSES
.
.,
.
.
~s TO CONTRACTOR:
..
Wh6TE MANAGEMENT INC. OF FLORIDA
By:
5/30/01
& lega1 aum..,
~ 1
.
19
,-
_ _ ,__' .,~.~~".,N__ __"
".- ,....'"".,~..__...,..._,-,--....
_._.."_",,,"_w._.,.__,_.,,__.~
'.
AMENDMENT TO LANDFILL OPERATION AGREEMENT BETWEEN COLLIER
COUNTY AND WASTE MANAGEMENT INC. OF FLORIDA
THIS AMENDMENT to Landfill Operation Agreement Between Collier County and
Waste Management rnc. of Florida made and entered into in dupl icate as of
~e'nW: ".
this ,;1.,7 day of , 199.. by and between Collier County, a political
subdivision of the State of Florida (the "County") and Waste Management Inc.
of Florida (the "Contractor").
WIT N E SSE T H:
WHEREAS, the County entered into that certain Landfill Operation Agreement
Between: Coll ier County and Waste Management Inc. of Florida ("Agreement').
dated February 7, 1995; and
WHEREAS, paragraph 2.15 of said Agreement, entitled: "Construction and
Oemolition Debris; Biomass; and Tire Chipping Processing" provides that the
..
., Contractor may elect to subcontract construction and demolition debris (C/D)
processing services upon the expiration of the County's CID processing
contracts; and
WHEREAS, the terms upon which the Contractor shall process, or
sub-contract to a third party to process, construction and demolition debris,
yard waste and waste tires shall be upon such terms and fees as shall be
negotiated between the Contractor and the County; and
WHEREAS, the County has determined that the specifications for CID
processing are critical and necessitate the inclusion of specifications in
the Landfill Operation Agreement with the Contractor.
NOW, THEREFORE, in consideration of the premises and covenants of this
Amendment, the Agreement and the facts as stated hereabove, the Landfi 11
"
.
.
Operation Agreement is hereby amended, providing for a new paragraph 2.15.1
as follows:
2.15.1 SPECIFICATIONS
.
For the purpose of processing C/O del1vered to the Naples Landfill the
definition of C/O material means and includes all those materials disposed
of at construction and demolition sites that require sorting and
separation. This includes but is not limited to items referenced in the
Florida Department of Environmental Protection (FOEP) definition of
construction/demolition debris. This broader definition addresses the
practical goal of sorting and recycling as much materials as possible fr~
C/O sites, recognizing the fact that some items discarded at cpnstructlon
sites do not meet the FOEP definition of C/O materials. At a minimum, the
following items must be sorted and recycled: metals, wood, wallboard,
roofing tear-off, rock, concrete, dirt and corrugated cardboard.
For the purpose of this Agreement, truck loads of waste not requiring
sorting services are not included in this definition of C/O materials even
when these materials may be found in the FOEP definition of C/O materials
and even if these materials originate from a C/O site. The purpose of
this provision is to secure services for sorting C/D materials that need
separation, not for additional handling of presorted materials.
I. The basic concept for this Agreement for processing C/D is as
follows:
.
The County will receive C/O material at the landfill and charge a
user fee per ton. This rate may be adjusted up or down as needed, at
the discretion of the County. Truck loads of unsorted C/O material
received will be identified by the scalehouse attendant and directed
to the Contractor at a five (5) acre site provided by the County.
The Contractor will sort all material received. The County will pay
the Contractor on a per ton basis according to the fee schedule,
"Exhibit I" of this Agreement, for any materials recycled and removed
from the landfill including screened fill material. All recyc1ab1es
become the . property of the Contractor. The Contractor may use
screened fill material as daily cover material provided the fill
material meets FOEP requirements. The Contractor must also scale all
sorted unrecyclable waste and deposit same In the lined cell area as
di rected by the County, No fee wi 11 be charged and no payment for
recycl ing servi ce wi 11 be made for thi s unrecyclabl e waste. The
current disposal fee as indicated on "Exhibit "G" will be paid to the
Contractor for burial of the unrecyclable waste.
2. All waste loads received at the Naples Landfill that are determined
by the landfill scale attendant to be C/O material requiring sorting
must be delivered to and be accepted by the Contractor. If a
specific load of material, after being received and inspected by the
Contractor, is determined to be void of C/O material, the Contractor
_, '_W" ,
_',,"'._.C' ,_,,,._.,_.,<...
3.
may request diversion of the load to the waste disposal area. Final
determination for rejection of the load will be made by the County,
The intent of this provision is to facilitate sorting and recycling
of all loads of mixed C/O regardless of load density.
The Contractor must be capable of sorting all C/O received at the
landfill. Actua 1 tonnages wi 11 vary according to economic
conditions. The County makes no guaranties regarding tonnage
quantities delivered to the Contractor.
4. The Contractor must recycle at the rate provided in paragraph 2.15.
All items listed as minimum items must be recycled.
I.
5. The method of processing C/O material is left to the discretion of
the Contractor.
.
6. Payment for services will be made on a per ton basis for materials
scaled at the landfill and removed from the landfill. The materials
removed must be recycled. The use of wood as a fuel by an end user
is allowed provided the end user meets all regulatory requirements
for its use. Off-site disposal or storage of material by the
Contractor is not allowed. Documentation on the destination of
recycled materials leaving the landfill must be provided to the
County upon request. Payments for questionable loads will be
withheld pending documentation and review. Invoices must be
submitted monthly for all materials leaving the landfill. Payments
will be made within 30 days from receipt of invoice.
7. Materials sorted that are not recyclable are to be weighed on a daily
basis and deposited in the lined landfill cell by the Contractor.
8. The Contractor or his Sub-Contractor will provide all machinery,
equipment, manpower and supplies to conduct all activities necessary
to meet all requirements.
9. The Contractor or his Sub-Contractor must provide continuous on-site
supervision of his personnel. The Contractor must assure proper
conduct and observance of landfill regulations by the Contractor's or
Sub-Contractor's personnel.
10. The Contractor must allow inspections by any Federal, State or County
authority. The Contractor must maintain the work area in a neat,
orderly and safe manner. The Contractor must mai ntain compl lance
with all regulatory agencies including FoEP, SFWMO and OSHA.
11. The Contractor must operate within the normal landfill hours of
operations. The Contractor must maintain the area provided by the
County. Removal of crushed limerock materials provided as a working
surface is prohibited. Proper elevations of crushed limerock
recorded by the County and included as Exhibit "J" of this agreement
must be maintained by the Contractor. Additional crushed limerock
material required to maintain elevations will be provided by the
Contractor as directed by the County, or with prior approval by the
.
I.
County. It will be assUlled that the need for additio!lal crushed
limerock material is due to inadvertent inclusion of crushed liMerock
into loads of recycled materials scaled and credited to the
Contractor for payment. Therefore. the Contractor will be charged
for additional crushed limerock material required to maintain proper
elevations at a rate equal to the amount of payment per ton for
recycled materials as given in Exhibit "I".
The Contractor must prOVide equipment necessary to maintain dust
control on the roadways within the processing area. Oust control is
a significant factor in maintaining compliance with FOEP regulations.
The Contractor must provide any bUilding structures required for his
particular operation. Construction of any structure will require the
approval of the County. Such structures will remain the property of
the Contractor at the end of the Contract term and may be relaved by
the Contractor. The Contractor must provide any concrete or asphalt
ground improvements. Such ground improvements must remain at the end
of the contract term and become the property of the County.
The Contractor must provide for all poles, meters, hookups and
subsequent power costs. Single phase power is available at a power
line adjacent to the C/O processing site.
!ROVISIONS RY ltlE COUNIY
... The County will provide all required scaling services.
Deliveries of C/O material will be terminated by the County thirty (30) days
prior to the Agreememt ending date to facilitate Cleanup. sorting, scaling
and payment for all llliterials within the contract period. The Contractor
must clean up and repair the site to its original condition and elevation
within thirty (30) days of the end of the contract period. Fill lllaterial
required to return the site to the original elevations shall be SUbject to
the same conditions given in paragraph (II) in this document.
CONTRACT IERPI...
This Amendment will become effective upon Board of County Commissioners
approval and be effective during the same period that the landfill Operation
Agreement is in effect.
.
.- --~.-_._~"""-
~-' ,'~',","-"" ,
.,',_ ,_."w~.,.<"~.~~._>. ,.~-...".'~'''_ ,......,,--,
I.
IN WITNESS WHEREOF, the parties hereto have caused thi s Amendment To
Landfill Operation Agreement Between Collier County and Waste Management Inc.
of Florida to be duly executed as of this date first above written.
I
ATTEST:
DWrGHT E. BROCK, CLERK
, , ' . . . , ,
.'
AS TO COUNTY:
BOARD OF COUNTY COMMrSSrONERS
COLLIER COUNTY, FLORIDA
.
"
"
'.,
.
. . .
. . ..." ~
t . \. .
f' .
'. . " ~
. . C :.
.
,
,.... "
{'.
By:
~.
,
?--Z-.,-c---..-.'
C. NORR)S, CHAIRMAN
.y~7/ft.
. '.
..... "
, ..
, .'
.
.' .
'.
,
: c
. ( ~
~.'" .
- -
~ ;" .
.
r -
. .-
.
- . .
- " . .... -
.. . . '..
.' . .... :
I - . " ~
. " . , .
. ~ . .' -.
'~ .... .' r' '
~', "., . ~ ~
. .; .'
'. '. .WITNESSES,;.....
"" .1\
,:..,..".
AS TO CONTRACTOR:
WASTE MANAGEMENT, INC. OF
FLORIDA
~
.
,
\
(Corporate Seal)
Approved as to form and
legal sufficiency:
I \fV' '( \
,~(\lL v:" '. \ ,'::'L r#tU'\
Shirley Jean McEachern
Assistant County Attorney
.
.
EXHIBIT 'I'
.
FEE SCHEDULE FOR CONSTRUCTION AND DEMOLITION DEBRIS (C/O)
Fee for C/D materi a 1 sorted and processed at the C/D site and subsequently
scaled as materials for recycling or reuse is $16.80 per ton.
Annual fee adjustment conunencing on January I, 1997. The increase in the
Consumer Price Index will be applied as per paragraph 5.2 of this Agreement.
.
.
. .
.
, '~_'" ..N....__~"
-
-.., ,
t?
,.J
I .
. - .
-." '. ..
. -
. -'
...----
- .
.
o.
. . - ~ .....-
---'--- -
/
EXHIBIT "J"
.
,
.
. .
I.
. .
.
,
ASPH AL T
LINED
POND
CONSTRUCTION/DEMOLITION
: PROCESSING AREA
'SPOT ELEVATION GRID
.'
.
. ,
,
"
"
.
,
-
,
o
.
.
.
.
.
I
. . . .
, .
. , I
. . .
0 . I
. . , , ,
, .
o' :f . ,
. !
. .
. I
-
.
. '" . I
. .'
.
. .
.
. .;. .
. .
,
. ,
I , "<T
I .
-
I .
I .
.
I .
.
. .
:-'.1 :~.
. "-
.
I' . . I -
.~. " ~ ~ . ",
--. ..... . ...~:.. .' / ..".
" ....~.._-~-~.~~- -- --"'.:'.. ,:.:-.
(? ~'OI" ...:+."-. + .'of':. . -' ..'. . "-
'f~",. +~. +....' +~ ~...,. + _. _ ,'.-:~".:-J.....
+ + + + + '~-'="'.":;": .
.. " ~') ..0 .. _~ ".
.:>" +~'" +v +~ +-r +or +"
~+"".,o +.:) +~ +...... +.:0-0 +~ ~
.ct +~.} +~.. +....0 +.... +4' +~
~ +.:' +~.;. +01"0 +.t1 +~.; +,f!
.. .. ') .... " ~.. y
..'Ii' +~'" +~ +" +" +" +"
.. .. ." .. , . ~..
~ ~,~........t ......'v
.. +" + + + + + J!
" ... .. .... .. ", ~...
~'" +...... +..... +" +.... +" +"
.. ... .. .} .,') ... ... I
~ +...... +..... +" +" +" +" TIRES
.. 0 ..;..,0........
..'" +.." +.." +" +" +" +'
,., . ." . .. .. ..
~'Y +"'" +"'r +..... +~ +~.,. +....
.~'. +~+~ +$ +~.. +~ +"".
.. "..
..~, +~v +"v +",: +"'" +"~ +""
po ,. <:I .. !\1. ~ "
.... ~~ +.!Ji +..... +~ +~ +~~.
+'Q . 0
,
.
o
z
<(
.
,
,
.
n
~
.
. .
.
.
'.
WHITE
GOODS
,
.
(f)
.....J
.....J
W
U
. ..".....
.
.
.
I
COVER
COVER
TILE
.
.
.
"
.
If')
("')
-
-
.
- .-
.
-.
THIS EXHIBIT A PORTION OF
PRINT 'NLI06-02.DWG
DATED 7-22-93.
.
.
POINT CF ORIGIN. STA 38+ 44 OFFSET 4a FEET R'G"'l
, --
Notice of Change/Withdrawal
DEPARTMENT OF COMMUNITY AFFAIRS
Division of Community Planninl?:
RULE NO: RULE TITLE
9J-5.026: Rural Land Stewardship Area (RSLA)
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in
accordance with subparagraph] 20.54(3)(d)l., F.S., published in Vol. 34 No. 42, October
17,2008 issue of the Florida Administrative Weekly.
9J-5.026 Rural Land Stewardship Area (RLSA).
(I) Purpose of the RLSA Planning Process. The RLSA is an enhanced rural planning
process which counties may elect to use. The paramount purpose of the planning process
is to further the statutory principles of rural sustain ability through innovative and flexible
planning strategies and incentives. The planning process uses stewardship planning to
encourage landowners to permanently conserve agricultural lands, and ecosystems,
habitats, and natural resources in return for appropriate development rights on a limited
portion of other lands suitable for development within the RLSA. THe pleAHiflg pfseess is
n.et eA eAtitlemeAt .. ekiele fer Hmen de'. elepm.eRts ef sHeH size tHBt tHe) s':erv.helm. tRe
rural sr agriel:i1turel ehofoeter sf tHe area.
(2) Purpose of the RLSA Rule. The purpose of this section is to establish rules for
designating a RLSA. It specifies the substantive compliance requirements for RLSA plan
amendments and explains how the Department will determine the compliance of a RLSA
plan amendment as required by Chapter 163, Part II, F.S. These rules establish minimum
criteria which may be exceeded by local governments.
(3) Adoption ofa RLSA Plan Amendment. A county, or counties in the case ofa multi-
county RLSA, may adopt a RLSA plan amendment(s) after giving notification to and
receiving the authorization of the Department. Chapter 9J-11, F.A.C., establishes the
specific procedures and requirements for the leeat notification bv local government, the
Department's authorization, and the adoption of a plan amendment designating a RLSA.
(4) Definitions.
(a) "Designated Receiving Area" means a delineated land area within an Eligible
Receiving Area within a RLSA to which stewardship credits can be transferred to
increase the density or intensity of a parcel.
(b) "Designated Sending Area" means an area within a RLSA that has been desil!nated
as aoorooriate for conservation or agricultural use and assigned stewardship credits.
(c) "Eligible Receiving Area" means an area designated in the initial RLSA plan
amendment that delineates where "Designated Receiving Areas" can be subsequently
located.
(d) "Greenbelt" means a wide border of pennanently undeveloped land that precludes the
expansion of development into the surrounding rural lands; provides a buffer to protect
the surrounding rural resources from development impacts; and separates the developed
area from other developed areas.
(e) "Rural Landscape" means the mosaic of agricultural and natural land covers which
may include rural settlements.
(f) "Stewardship credits" means development credits assigned to lands within a rural
lands stewardship area. These development credits do not constitute development rights
until they are transferred to parcels within Designated Receiving Areas for the sole
purpose of implementing the innovative planning and development strategies and creative
land use planning techniques established by the rural lands stewardship area plan.
(g) ""Stewardship easement" means a covenant or restrictive easement running with the
land which records the use of stewardship credits and specifies the allowable uses and
develooment restrictions for the Designated Sending Area limits fblt.ire aeveISI3ffieRt. The
stewardship easement must be jointly held by the county and either the Department of
Environmental Protection, Department of Agriculture and Consumer Services, a water
management district, or a recognized statewide land trust.
(5) Threshold Eligibility Requirements. To be eligible fer eeRsiEleratien BY a eSliRty aRd
the DepaFtmeFlt for designation as a RLSA, a proposed RLSA must meet the following
eligibility requirements:
(a) A RLSA may encompass land in one county or land in adjacent counties but shall not
include land within municipal or established urban growth boundaries as designated in
the local comprehensive plan(s);
(b) A RLSA must include a minimum of 10,000 acres of privately owned land that is not
already pennanently protected through existing easements, covenants or other
restrictions; and
(c) A RLSA must consist of lands with a pre-existing future land use map designation of
agricultural, rural, open, open-rural, or an essentially similar land use designation.
(6) Mandatory Substantive Requirements. A RLSA plan amendment must satisfy the
substantive requirements for plan amendments in Chapter 163, Part 11, F.S. and Chapter
91-5, F.A.C., including the additional requirements established by Section Subseeti€ln
163.3] 77(11), F.S., and RFule 9J,5.026, F.A.C., for the designation of a RLSA.
(7) Rural Sustainability. Rural sustainability is the paramount goal of a RLSA.
(a) A RLSA plan amendment must demonstrate that it will further the following statutory
principles of rural sustainability:
1. Restoration and maintenance of the economic value of rural land;
2. Control of urban sprawl;
3. Identification and protection of ecosystems, habitats, and natural resources;
4. Promotion of rural economic activity;
5. Maintenance of the viability of Florida's agriculhlral economy; and
6. Protection of the character of rural areas of Florida.
(b) Furthering the principles of rural sustainability requires large-scale planning which
controls the amount, type, and location of development. A RLSA shall manifest the
following general landscape features which will vary based on local characteristics:
1. Land area(s) large enough to accommodate development on suitable lands while
conserving the overall rural character and the agricultural lands, and ecosystems, habitats,
and natural resources on the remaining lands;
2. A limited development footprint in order to protect the surrounding rural landscape
and agricultural lands, and ecosystems, habitats, and natural resources;
3. A limited number of Designated Receiving Areas to prevent urban sprawl and
unnecessary fragmentation of the rural landscape;
4. Designated Receiving Areas with compact shapes that avoid intrusions into the
surrounding rural landscape in the form of radial, strip, ribbon, or finger patterns;
5. Greenbelts surrounding Designated Receiving Areas to provide for a clear separation
between urban and rural uses except when the Designated Receiving Area is adjacent to
existing development or incorporated areas;
6. Designated Receiving Areas located only on land most suitable for development aM
8way or effeetively eufferee Fr8fFllaRas fFl.8St sl:litable fer Bgrielilmre aHS aaRiral reS81::1ree
eonservati8R; and
7. Designated Receiving Areas connected with each other and the remainder of the
RLSA and to areas outside of the RLSA using rural design principles and rural road
corridors with controlled access that are designed to prevent sprawl and minimize
impacts on ecosystems, habitats, and natural resources.
( c) The amount and type of development in a RLSA must also be designed to further the
principles of rural sustainability. Therefore, development shall ~ be of the amount
and type that is sustainable and will support and sustain and not undermine the rural and
agricultural economies. A RLSA shal1 manifest the following general development
characteristics:
1. The total amount of development, particularly residential development, must be
limited and carefully controlled to be compatible with avoid iffiJ3aets tRat will 8ver::RelFA
the overall rural character of the RLSA and surrounding area includiOl! 8f BB'iersely
~ agricultural activities, and ecosystems, habitats, and natural resources. The total
amount of development shall not exceed the amount calculated in accordance with
paragraphs (9)(c) and subparagraph (8)(c)2 f+B(1)1.
2. Provision for agricultural-related uses, including farrnworker housing, that will
support and sustain the rural and agricultural economies. These uses may be located in
Designated Receiving Areas, and in designated Agricultural Areas if sited on agricultural
lands suitable for development and in a manner that does not adversely affect agricultural
activities.
3. Rural villages, rural activity centers, and new towns shall be designed to:
a. f~rovide for a compact, functional mix of land uses that serve living, working,
shopping, recreational, and civic needs;
b. .e~rovide energy efficient land use patterns that minimize vehicle miles travelled and
greenhouse gas emissions;
c. Mminimize the external impacts of the development;
d. Mmaximize the cost-efficient provision of public facilities and services; and
e. ff'rovide adequate workforce housing, including low, very low, and moderate income
housing.
(8) EnistiBg CSflsitioas: Data and Analysis Requirements. The data and analysis
requirements that apply to all plan amendments also apply to RLSA amendments. This
subsection does not repeat those requirements, but some requirements are cross-
referenced for ease of use. This subsection establishes RLSA-specific data and analysis
requirements that are in addition to the requirements for all amendments. In order to
evaluate the existing conditions within the RLSA and how those conditions interrelate
with the surrounding regional context, the data and analysis must cover ~ local
conditions within the RLSA, the county or counties in which it is located, and the areas
surrounding the RLSA irrespective of county boundaries. The data and analysis shall
address:
(a) ExistiUl! Conditions :\grieultur13. Data and analysis of existing conditions orovides
the necessary foundation for develooiOl! the RLSA Plan consistent with subsection 9J-
5005(2) F.A.C.
1. Identify current aREI kisterieal agricultural land uses, activities, and economic
conditions in the RLSA and surrounding area and include an existing conditions map of
current agricultural areas within and surrounding the RLSA.
2. Analyze the probable or projected future agricultural land uses aReI. aetiyities in the
area and the amount of land required to accommodate them.
3. Analyze the suitability of the land for eJcisting aRa ]38teiRtial agricultural activities. The
analyses shall consider the effect on tkreats to agriculture from development and spatial
fragmentation.
4. IRveRtBf) aHa evaluate leea!, state, aRa feaeral ayieultHral f1regFams te EleteARine REI\.
tke RLS,^. may imflaet er Be impaetes by these pfElgrams.
(lJ) Rmal CBaraoter and Eoenemy.
:L~ Identify and describe the existing, locally specific rural character of the RLSA and
surrounding area by analyzing its characteristics, including land use, development
patterns, and economic, social, cultural, historic, scenic, landscape, recreational, and
environmental elements.
2. Deserise BHa aHalyze the eJ(isting rural BRei. agrieHltural econsmy, iRsluel.ing the tYp13S
€If eJdsting insastries, employment, e,~teHt ef unemploymeRt, BR8108al ',ysrl:feree
6karaeteristies.
3. Inventory BFU:l e\ BluBte leeal, state, and f~deral programs aaaressiRg rural eesReffiie
issues sueh. as the Rt:lfal EesRomic De, elopm13nt IRitiative establisned iR Seetien
288.Ga5a, F.S., indading Bew IBe RLSf. ma, iFllJ',ol er be imp..ted by tBe,e pregram,.
(e) Eces)'stems, Hasitats, Bael.1>ratural Resoun,es.
2.J--; Inventory and identify natural resources as required under Rules seetioRs 9J-5.006
and 91-5.013, F.A.C., including ecosystems, habitats, and natural resources existing
within and proximate to the RLSA. The inventory shall include important water recharge
areas and water supply sources; water bodies designated pursuant to Section 403.067,
F.S.; spring protection areas; and the Florida Greenways and Trails System as designated
pursuant to Chapter 260, F.S.
~;h Analyze geographic connections between RLSA resources and larger systems and
networks such as water systems, wildlife corridors, greenways, and trails.
L:J..: Analyze the potential threats to natural resources, including urbanization, economic,
biological, and spatial fragmentation.
~4:- Identify IB','eFl.ter) and evaluate relevant local, state, and federal programs and
special land use designations such as publicly owned conservation lands, mitigation
banks, and environmental restoration efforts, including the Comprehensive Everglades
Restoration Plan (CERP), that may impact or be impacted by the RLSA.
(oj Pet"Atial De';elep",eAt aAd UreaR Sprav:1.
.2.,.-h Analyze landscape and development conditions of the RLSA and surrounding rural
lands, such as the overall pattern of rural land uses and land covers, parcel size and
ownership patterns, recent historical trends regarding subdivision of land and transition to
residential uses, roadways, and other infrastructure that may affect RLSA development
and rural sustainability.
2. .'\Fl.alyze hs\y the RLSf-, is likely t8 affeet the futHre ae','eIOflmeHt flattems sf etRer
rural anEl agrieblltl:l.fallftfl8S in the SliFf8l:1HEling afea, iFfeSfleetiye sf e8linty l3eliHaaries.
illfe1 Land Values Analysis for Stewardship Credit System. In evaluating agricultural
lands, and ecosystems, habitats, and natural resources, conduct a land values analysis for
use in assigning stewardship credits and for determining the most suitable locations for
Designated Receiving Areas. The analysis shall include and be based on the following:
1. All forms of rural resources including agricultural, environmental, local and regional
ecosystems, wildlife habitat, water resources, recreational, tourism, scenic, cultural, and
other rural amenities;
2, The broad landscape ecology, including geographic linkages and corridors; specially
designated areas such as natural reservations as defined in subsection 9J-5.003(78)'
F.A.C., and the Florida Greenways and Trails System, including the Florida National
Scenic Trail identified in Chapter 260, F.S.; and appropriate buffer zones to mitigate
incompatibilities and enhance environmental and other values;
3. All existing permanent protection measures, both public and private, including land
use restrictions and conservation programs and an evaluation of whether these measures
reduce or increase the need for additional protection through the RLSA planning process;
4. Land development and other conversion threats whereby significant rural resources
under threat require more incentives via stewardship credits and less significant resources
require lesser incentives and may be more suitable for designation as receiving areas.
This includes the future threat oflow-density sprawl on lands proximate to and
surrounding potential Designated Receiving Areas; and
5. Site specific natural resource evaluation criteria substantially similar to those used to
establish statewide geographic infonnation systems by the Florida Natural Areas
Inventory, Florida Fish and Wildlife Conservation Commission, Florida Department of
Environmental Protection, and Water Management Districts; and available agricultural
data from the Florida Department of Agriculture and Consumer Services, and the United
States Department of Agriculture.
(c) RLSA Plan.
I. How the RLSA Plan will further the orincioles of rural snstainabilitv.
2. The maximum amount of allowable development in the RLSA.
3. The demonstration of need for the maximum amount ofdevelooment OUfsuant to
oaragraDh (9)(c).
4. The stewardshiD credit svstem and how it will allow achievement of the RLSA Plan.
5. The suitability for development of land in the RLSA. including Eligible Receiving
Areas and votentia! sites for develooment in Al.!ricultural Areas.
6. The location and extent of greenbelts. buffers. or setbacks needed to ensure a
seoaration of any urban and rural uses and to Drotect agricultural lands. and ecosvstems.
habitats. and natural resources.
7. An analvsis of how the RLSA Plan is likely to affect future develoDment oatterns of
other rural and agricultural lands in the surroundinl! area irresnective of county
boundaries. and control urban sorawl within and surroundinl! the RLSA.
8. The amount of workforce housing, including low. very-low. and moderate income
housing. needed for the develooment allowed in the RLSA and for nersons workim! in
al!riculture and other rural industries in the RLSA.
9. The rural desie:n standards and rural road corridor network that will be needed to serve
the RLSA.
10. Enerev efficient land use oatterns that minimize vehicle miles travelled and
greenhouse eas emissions.
(9) RLSA Plan Standards. The RLSA Plan shall satisfy the following standards:
(a) Development and Design Standards.
1. The RLSA Plan must be consistent with the general landscape and development
characteristics set forth in paragraphs (7)(b) and (7)( c).
2. The maximum amount of allowable residential and non-residential development in the
RLSA shall not exceed the amount of development determined pursuant to paragraphs
(9)(c) and subparagraph (8)(c)2 tl-IW>J.
3. All nen e.grieultliral development enabled by the transfer of stewardship credits shall
be located in Designated Receiving Areas that will be established Dursuant to oaral!raDh
(lO)(e) and subsection (I]) and which shall be ......located in Eligible Receiving Areas
designated in the comprehensive plan.
4. Develooment in Any Designated Receiving Area~ eJtBeeEliflg I ,9gG seres shall meet
the definition of new town in subsection 9J-5.003(80), FAC.. or the definition of All
ether deT:eIElJ:1ffisnt SHall l3e ElesigRateEl as a rural village or rural activity center wffi.efl.
,hall ",oet the aefinitien set forth in subsection 9J-5.003(1 ]2), FAC., aHa shall Hot
euseeElI,GOG Beres in size.
5. Significant ecosystems, habitats, and natural resource areas in the RLSA shall be
designated as Conservation Areas in which, after transfer of all stewardship credits,
development shall be prohibited by sending area stewardship easements. Conservation
Areas in which specified agricultural uses are allowed shall be clearly distinguished from
Conservation Areas in which no agricultural uses are allowed.
6. All lands in the RLSA, except for Designated Receiving Areas and designated
Conservation Areas, shall be designated as Agricultural Areas in which, after transfer of
stewardship credits, development shall be prohibited by sending area stewardship
easements, except for agricultural-related uses as provided in subparagraph (7)( c )2.
7. Service area boundaries must be established for each Designated Receiving Area
which provide for a clear separation between it and other land uses in the RLSA through
limitations on the extension of services. Service areas shall provide for the cost-efficient
delivery of public facilities and services.
8. The innovative planning and development strategies to be used in Designated
Receiving Areas shall include a compact, functional mix ofland uses; energy efficient
land use patterns; the internal capmre of trips; and minimization of vehicle miles traveled
and greenhouse gas emissions.
(b) The Size of the Development Footprint. The RLSA plan amendment shall establish
liffl.it the size of the total development footprint, i.e., the Designated Receiving Area(s).
1. The size of the total development footprint shall be based upon:
a. The size of the RLSA and the number of Designated Receiving Areas;
b. The percentage of the RLSA that will be permanently protected or preserved by
stewardship easements, the degree to which oermanentlv protected sending areas are
contiguous, and the degree to which permanentlv protected sending areas establish an
effective greenbelt around the receiving areas;
c. The locational attributes of the development footprint, including whether it is located
adjacent to existing development or incorporated areas and will be otherwise surrounded
by greenbelts;
d. The extent and location of new infrastructure, including roadways, which will be
required to serve the Designated Receiving Areas;
e. The land use, design and development standards, such as the amount of residential
development, the degree of mixed use, compactness, jobs-housing balance,
internalization of impacts, pedestrian orientation, multi-modal transportation,
connectivity standards, and energy efficiency, that will be required in the Designated
Receiving Areas;
f. The extent to which potential urban sprawl is prevented by reducing or eliminating
permissible land uses and development intensities and densities in Agricultural and
Conservation areas outside of the Designated Receiving areas within the RLSA and in the
rural areas surrounding the RLSA; and
g. The impact of the development footprint on ecosystems, habitats, and natural
resources, including potential fragmentation of such resources.
2. In reviewing the size of the development footprint established in the RLSA plan
amendment, the Department shall determine that a total footprint that does not exceed 10
percent of the entire RLSA complies with this paragraph and subparagraph (7)(b)2., and
furthers the principles of rural sustainability. lfthe total development footprint is more
than 10 percent of the entire RLSA, the RLSA plan amendment must demonstrate that
the development footprint furthers the principles of rural sustainability.
(c) Development Allocation Standards. Beeause the RLS."~ PIeR flrejects the B.ltimate
laaa \ise flattem tRat may 088\:1r 1ge) 8ReI the IOHg teIlfl. plaRBing flerieEl efthe
CeI-HflrSReBsive pbB, the The amount of allowable development in the RLSA Plan must
be based on the 25-vear or greater oroiected nODulation of the RLSA: pepulatioR
projeetieBs fer tae RLS.\ for the sa8rt and long teFffi plaBning perisss oftRe
esrflpreheFlSi\ Ii.'! plan and for tRe :Iltimate laRs use patteffi. Tae f38fl\:llation f'lFejeetiOl'lS
sRall Be Based eA pref..ssieHall) ac,eptaBle metRods fBr pmjectiHg gee':. tl, iA rural
gesgrtlflAie areas like tke RLS,^.. THe FfletHsBslegy FRlist tal:e iate aC6sliflt the
requirement to achieve the statutory principles of rural sustainability; the population
projections and the allocations of development entitlements for the county as a whole; the
8ffi8uat af ele':elepmeHt 8llev,'ee hy tHe BReIerl) iog laRd lises; and the anticipated effect of
the proposed RLSA and its proposed Receiving Areas, including any committed catalyst
projects, infrastructure imorovements. or other projects that would attract and support
development.
(d) Stewardship Credit System Standards. The RLSA plan amendment shall either
incorporate or require adoption by separate ordinance of a stewardship credit system and
methodology that complies with the following criteria:
1. Each credit shall represent a defined number of residential units per acre or a defined
amount of non-residential square footage per acre. The credit transferee may decide
whether to use the credit for a residential or non-residential use according to the plan of
development for the Designated Receiving Area.
2. The maximum number of credits for the entire RLSA shall be established and shall
equal the maximum amount of development allowed in the RLSA.
3. Credits shall be assigned to each acre ofland based on the land values analysis
required by paragraph (8)ili.) tel in a manner designed to accomplish the purposes of the
RLSA Plan.
4. Credits for a Designated Sending Area shall be assigned at the time the sending area is
designated.
5. After assignment of credits to a Designated Sending Area, credits may be transferred
directly to a parcel within a Designated Receiving Area in order to increase development
entitlements or, at the option of the landowner and county, to a credit bank managed by
the county or to a third party. Banked or third party aedits are reserved for future transfer
to a Designated Receiving Area.
6. At the time credits are transferred to a Designated Receiving Area, credit bank, or
third party, a stewardship easement or restrictive covenant must be imposed on the
Designated Sending Reeei-, ing Area and recorded in the public records of the county to
permanently prohibit development and to provide for conservation of ecosystems,
habitats and natural resources, and to permanently limit land uses on agricultural lands to
specified agricultural activities, including agricultural-related development. The easement
ar restrieti\e eEl' ellal'lt shall Be iH fRyer sf tlle C8MAt)' aRa either the De}38Ftment of
ER':iremnental PrateetisR, t-fie De}38rtffieRt of /~grielllh:iral and CensHmer Serviees, a
water fflanagement district, or a reeegnizea state\yiae 18Ra trust.
7. The local government may require that the easement or restrictive covenant provide
for the appropriate management and monitoring of the resources to be protected and
enforcement mechanisms to ensure compliance with the terms, conditions and restrictions
established in the easement or covenant.
8. Upon transfer of credits, the underlying land uses are extinguished except for
agricultural-related uses that may be allowed in Agricultural or Conservation Areas
according to the provisions of the stewardship easement or restrictive covenant, which
may restrict the intensity of the agricultural-related uses to promote compatible
conservation uses.
9. To encourage the restoration, management, and maintenance of conservation lands
through conservation easements, credit bonuses may be allowed as determined by the
comprehensive plan. This bonus amount shall be included in the maximum number of
credits established for the entire RLSA and shall not increase the total amount of credits
and development allowed in the entire RLSA
to. To encourage the early establishment of stewardship easements, credits that are
transferred to a credit bank or third party for future use may be increased by a bonus
amount as determined by the comprehensive plan. This bonus amount shall be included
in the maximum number of credits established for the entire RLSA and shall not increase
the total amount of credits and development allowed in the entire RLSA.
(10) Goals, Objectives, Policies and Map. The RLSA plan amendment shall contain a
RLSA Plan consisting of goals, objectives, policies, and a map that set forth the
innovative planning and development strategies to be applied in the RLSA. The goal
statement(s) shall establish the long-term ends of the amendment to further the principles
of rural sustainability. Each goal shall contain objectives and policies which address how
the principles of rural sustainability and the standards specified in subsection (9) will be
achieved in the RLSA. The goals, objectives, policies and map shall address the
following:
(a) The conservation and protection of agricultural lands, and ecosystems, habitats, and
natural resources in the RLSA.
(b) The control of urban sprawl within and surrounding the RLSA.
(c) The planning period for the RLSA and the maximum amount of development allowed
iu the RLSA.
(d) The criteria to be used in establishing the methodology for the stewardship credit
system. The methodology and stewardship credit system based on the criteria in the
RLSA Plan shall either be incorporated into the RLSA Plan or adopted by separate
ordinance.
(e) The process for establishing Designated Receiving Areas and Designated Sending
Areas. This shall include minimum standards for the application, review, and designation
of sending and receiving areas. This shall also include Iocational criteria and the
maximum cumulative size of Designated Receiving Areas within Eligible Receiving
Areas.
(f) The plan of development shall include innovative planning and development
strategies to be used in Designated Receiving Areas, including:
1. Aa compact, functional mix of land uses in rural villages, rural activity centers, and
new towns;
2. Itiming and phasing requirements necessary to achieve a functional mix; and
3..bland use standards to be applied in Designated Receiving Areas including the
amount, type, density, intensity, composition, distribution, location, and design standards
of future uses and which specify that the increased densities and intensities can only be
enabled through the transfer of stewardship credits to parcels within the Designated
Receiving Area.
(g) A process that encourages visioning and public participation in the design of any
Designated Receiving Area.
(h) Adequate available workforce housing, including low, very-low, and moderate
income housing, for the development anticipated in the RLSA, including housing for
persons working in agriculture and other rural industries.
(i) Provision for businesses and industries which support and sustain the rural and
agricultural economy.
U) Compatibility standards and techniques, including greenbelts, buffers, setbacks, and
density and intensity gradations, to ensure a clear separation between urban and rural uses
and to provide adequate protection of designated Conservation and Agricultural areas.
(k) The protection, restoration and maintenance of designated Conservation Areas
through stewardship easements and other means.
(1) The existing and planned rural road system and the rural design principles to be used
in connecting the Designated Receiving Areas with each other and to areas outside of the
RLSA.
(m) Standards for the establishment of service areas.
(n) Inclusion of existing rural developments such as cross-roads communities and
partially built subdivisions as part of the overall plan to further rural sustainability,
including appropriate consideration of those areas as most suitable for Designated
Receiving Areas.
(0) Energy efficient land use patterns that minimize vehicle miles travelled and
greenhouse gas emissions.
(P) The RLSA Plan shall include a RLSA Plan map as an overlay which at a minimum
depicts the Eligible Receiving Areas; Conservation and Agricultural Areas; existing rural
road corridors; and the general location of planned rural road corridors. The map must be
consistent with and supported by data and analysis, and goals, objectives, and policies
submitted or adopted in accordance with this section.
(II) Data aR~ ARal)'sis. THe RLS,^. rlaR ameR~meRt, iRelu~ing the RLSA PlnR, shall Be
Bose~ eR afl~ surrerte~ B) data afl~ .flal)'sis ",hieh ad",e" the f"lIeY;iflg:
(0) He", the RLS.'\ Pin. 'A ill further the pri.ciples efmFaI slistaiflaBilit)..
(e) THe m8JdffitirR amElHAt 8f 8118',\ 88113 aelelepmeAt iR tHe RLS,\.
(6) The E1sm8AstratieA sf Reed fer tRe ffiaJtim1:lFB 8fR8lit'lt of deT:elsJ3meAt JHifSUBAt to
paragraph (9)(e).
(d) The stewUl'~,hip ere~it system afl~ he',v it will alle'.v aehieveflleflt ef the RLS.'. Plnfl.
(0) The suitahility fer ~o..elermeflt eflafld iR the RLS.^., iReludiflg Eligihle Reeei';iRg
Areas aBEt j:leteatial sites fer ae. dO{3ffieBt ia }l.gritm.ltHfaI .^~reas.
(f) laeatifieatie8 amI evaluatioa ef eJdsting agrieuli:urallaRas, aRe e€8s)'stems, hasitats,
aAa Aatural reS01:lrees. If the eRtire RLS.^~ eeRsists of these laRaS, the eata and Ba.slysis
should iaea.tip/ these laABs flaying the least agriel11tural suitability aRe ea.T:irElRmea.tal
'fflItte,
(g) HO\\ the prspesea Bffi8HRt sf allo\\ a131e ae, elo}9ffl€Ht, espeeially resiaeHtial
Eleyelepmemt, ':Iill afrest agrislilRlfallanEls, aAa eess)'stems, haeitats, aAa Hamral
ressl:lrees.
(h) The laeatisl'l BRei enteRt Elf greeRl3elts, l:l1.ifr~rs, ar set13aelrs AeeElea to eASHre a
separatisFI ef an)' liF13an BRa rnral1:lses BRa t8 flreteet agrieHlllifallanas, aRa eeesystems,
haeitats, ana natura! Telseurees.
(i) The EaRtrsl efHreaR sprawl V/i~BiR aRa Sl:lHBI:lREha.g ~B.e RLS.^..
(j) THe BR'l8liRt efwer)cferee h8liSiRg, iReh:idiRg 18":.', ":eF)' lE1W, ana meaefBte iHsome
hSHSiRg, ReeElea fur the dsveloflmemt alls~?:eEl is the RLS.^. Bsa fer perseRS Y:OFl:iRg iR
agris1:l.lture ami ether FtiFal huiustries in the RLS:\.
(Ie) The ruml ElesigR staRaaras BRd nUBl read earRdor RelY/8rI: that willl3e Reedea te
serve the RL8:\..
(1) Serviee areas f<or DesigRBteel ReeeiviRg .^~reBs,
(m) THe geRerBI tefffis eftfle eSFlser;atioR aReI sten,'BftfsHi}3 eaS8meflts and restrietive
eSyeRBnts that are }3Fspssed to be utilized fer the CORserYBtisR aHa Agricultural/.reas.
(H) Energy effieient laREll:lse flattems that minimize \ ekiele miles travelleel Bnd
greeRkBlise gas emissieRs.
!lD~ Timing of Demonstration of Need, the Plan of Development, and Financial
Feasibility. In order to orovide flexibility. the +he local government shall utilize one of
the following options in addressing the issues of need, plan of development, and financial
feasibility in a RLSA plan amendment:
(a) Option One: Conventional Plan Amendment Option. The initial RLSA plan
amendment must include the following:
1. A demonstration of need for the maximum amount of development allowed for the
long-term planning period for the entire RLSA as determined in accordance with
paragraphs (9)(c) and subparagraph (8)(c)3 fH-1\el. A demonstration ofresidentialland
use need is not required if the maximum amount of residential development for the RLSA
does not exceed the cumulative amount of residential development allowed by the
underlying land uses within the RLSA as established in the pre-existing comprehensive
plan. If this limit is chosen, the analysis must demonstrate, using professionally accepted
methods, that the amount of non-residential land uses is sufficient to meet the daily and
work needs of the projected population and employment, which will vary based on
location, proximity to other development, and the size of the planned development.
2. A financially feasible 5- Year schedule of capital improvements for any development
that will occur in the first five years and a long term capital improvement plan for the
entire RLSA.
3. The Designated Receiving Areas must develop according to all of the requirements
established in the initial plan. A subsequent amendment pursuant to Section 163.3184,
F.S. is not required except for one or more of the following circumstances:
a. The annual update to the 5-Year Capital Improvements Schedule which must address
any capital improvements needed by RLSA development.
b. A change from the initial RLSA plan amendment.
C. The local government has adopted plan policies in the initial plan amendment that
require subsequent plan amendments.
4. The RLSA plan amendment shall require that after the local government has
designated a Designated Receiving Area by land development regulation, the Designated
Receiving Area shall be delineated on the Future Land Use Map shall he reyised t8
aeliHeate the DesigRatea Reeei','ing ;'.rea pursuant to a ministerial process. This
ministerial sffigttlaf action shall not be deemed a Dlan amendment and shall not require a
compliance review pursuant to Section ]63.3184, F.S.
(b) Option Two: The Vision Plan Option. This option provides greater flexibility in
addressing the issues of need. Dlan of develoDment. and financial feasibilitv in a RLSA
Dlan amendment as follows:
I. The initial RLSA plan amendment must include a descriptive vision plan for the entire
RLSA which is consistent with the principles of rural sustainability. The vision plan shall
establish the maximum amount of development required to achieve the vision, the
general location and the maximum size of Eligible Receiving Areas, and the general
location of Agricultural and Conservation Areas. The amendment must address all goal,
objective, and policy requirements except paragraph (10)(1), the plan of development for
Designated Receiving Areas. The amendment must address all data and analysis
requirements except for ~aragraph ~ ~ regarding the demonstration of
land use need. The initial amendment does not require a financially feasible 5-Year
Schedule of Capital Improvements for the RLSA.
2. The initial RLSA plan amendment must provide that prior to the development of a
Designated Receiving Area(s), the comprehensive plan must be amended to incorporate
the Designated Receiving Area(s) and Designated Sending Area(s) on the Future Land
Use Map. This subsequent amendment must include and be supported by:
a. The plan of development required by paragraph (10)(1) and maximum amount of
development allowable in the Designated Receiving Area(s) for the long-term planning
period.
b. A demonstration of need for the maximum amount of development allowed for the
long-term planning period for the Designated Receiving Area(s) determined in
accordance with paragraphs (9)(c) and subparagraph (8)(c)3~. A demonstration of
residential land use need is not required if the maximum amount of residential
development for the RLSA does not exceed the cumulative amount of residential
development allowed by the underlying land uses within the RLSA as established in the
pre-existing comprehensive plan. If this limit is chosen, the analysis must demonstrate,
using professionally accepted methods, that the amount of non-residential land uses is
sufficient to meet the daily and work needs of the projected population and employment,
which will vary based on location, proximity to other development, and the size of the
planned development.
c. A financially feasible schedule of capital improvements that addresses all capital
facility planning needs for the Designated Receiving Area(s).
d. Compliance of the plan amendment shall be limited to the requirements in sub-
subparagraphs a., b., and c. above and intemal consistency with the initial RLSA plan
amendment. Any changes to the initial RLSA Plan shall be subject to the complete
compliance requirements.
Specific Authority 163.3177(9), (l1)(h) FS. Law Implemented 163.3177(2), (3), (6)(a),
(8), (lO)(e), (II )(a), (II )(b), (l1)(d) I., (11 )(d)2., (I I)(d)4., (1] )(d)5., (1 I )(d)6. FS.
History - New