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Agenda 11/17/1998 R
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, November 17, 1998 9:00 a.m. NOTICE: ALL PERSONS WISIIING TO SPEAK ON ANY AGENDA I'FE.M MUST REGISTER PRIOR TO SPEAKI.N'G. SPEAKERS ,MUST REGISTER ~,~'l'Ftt TIlE COUNTY ADMINISTRATOR 1.~,RIOR TO Tile PRESEN'FATION OF TIlE AGENI)A I'FE,%I TO BE ADDRESSED. REQUESTS TO ADDRESS 'rile BOARD ON SUB,IECTS WIIICIt ARE NOT ON Tills AGENDA MUST BE SUB?,IJTTED IN WRITING ~VITII EXPLANATION TO TIlE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO TIlE DATE OF TIlE MEETING AND WILL BE llEARD UNDER 'PUBLIC PETITIONS". ANY PERSON WtlO DECIDES TO APPEAL A DECISION OF Tills BOARD WILL NEED A RECORD OF TIlE PROCEEDINGS PERTAINING TttERETO, AND TllEREFORE MAY NEED TO ENSURE TtIAT A VERBATI,'~I RECORD OF TIlE PROCEEDINGS IS ,MADE, WIIICII RECORD INCLUDES TIlE TESTIMONY AND EVIDENCE UPON WltlCil TIlE APPEAL IS TO BE BASED. ALL REGISTERED PI'BI.lC SPEAKERS WILL BE LIMITED TO FIVE (5) .MINUTES UNI.ESS PER.",IISSION FOR AI)DITIONAL T/ME IS GRANTED BY TIlE CttAIRMAN. ASSISTED LISTENING DEVICES FOR TIlE IIEARING IMPAIRED ARE AVAILABLE IN TIIE COUNTY COMMISSIONERS' OFFICE. LUNCII RECESS SCIlEDULED FOR 12:oo NOON TO l:Ol! P.M. INVOCATION - F:dhc'r xA'illiam Keh;oe~' St, K ~thcrine'~ Orthodox Church PLEDGE OFAI.I. EGIANCE S~(EARING IN OF ('O,M,',IISSIO.N'ER EI. ECTJAMES D. CARTER. Ph.D, hv Judge ~,Villi;I m Black~ ell ' APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. APPROVAL OF ,MINUTES PROCLAMATIONS AND SERVICE .-'x'~VA RDS 1 b:ovcmN.-r I 7. 1998 ~"- ............ ~ .......................... i ...... III .......................... III1'11 .... ] F. AIRPORT AUTHORITY COUNTY A'FTORNEY'S REPORT A. PROCLAMATIONS 1) Proclamation Droclaimlng ~eek of No~ember 22-:/8, 1998 as Farm City Week. To be accepted b)' blr. Chris DcCubellis, Agricullure and Liveslock A'~ent. 2) Proclamation reco~onizinll the efforls of .",Ir. Skip Camp. B. SERVICE AWARDS I) Susan Peck, Librar).. - 5 years 2) Ramona Daugs, Domestic Animal Ser,,'ices - 5 .years 3) Nancy Adler, Code Enforcement - 10 years C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CIIANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY ADMINISTRATOR'S REPORT A. CO,',I?,IUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Staff analysis of the Tourist Devclopmenl Tax Program 2) Apprnvc funding far the TourNm Allhmce of Collier CounD, the Naples Area Chamber of Commerce. and thc Marco island YMCA. 3) Discuss Ordinance No. 96-'/8, thc Collier County Code Enforcement Bnard Ordinance, to cnnshler the sunsetting ora Code'Enforcement Board. B. PUBLIC WORKS I) Repot'/on the use of Fund 195 as a source of local matching funds for the Lake Trafford restoration project. 2) Approve the Livingston Road ulilit)facilities reimbursemenl and conlribution agreement. C. PUBLIC SERVICES D. SUPPORT SERVICES 1) Master Space Plan for Ihe Main Government Complex. COUNTY ADMINISTRATOR 2 November 17, 1998 10. 11. BOARD OF COUNTY COMMISSIONERS OTtiER ITEMS A.. OTliER CONSTITUTIONAl. OFFICERS B. PUBI.IC COM,MENT ON GENERAl, TOPICS PUBLIC HEARINGS WILL BE ItEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. 13. 14. 15. 16. ADVERTISED PUBLIC tlEARINGS- BCC A. COSIPREIIENSIVE PLAN AMENDMENTS B. ZONING AMEND,MENTS C. OTHER BOARD OV ZONING APPEAI.S A. ADVERTISED PUBI.IC HEARINGS B. OTIIER STAFF'S COMMUNICATIONS BOARD OF COL'NTY COMMISSIONERS' COMML'NICATIONS CONSENT AGENDA - All matters ILqed under this item are considered to be routine and action s~ ill be taken by one motion ssithout separate discussion of each item. If discussion is desired b.,, a member of thc Board, that item(s} ~ill he removed from the Consent A~enda and considered .',4'p a rat ely. An COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approval of a rcsolutlon to revise Ibc polic?' and procedures for vacation and annulment of plats or porlions of plats of subdivided land, road right-of-ss ay, alley,s a.~s, and puhlic dcdicati,n easements con~e.ved tu the Counts or public by grant of ea.'.cment or similar instrument recorded in the Public'Records. 2) Recommendation to approve Commercial Excavation Permit No. $9.664, "'Jack/c Weeks IIomesite and Commercial Excavation" located in Section 29, Tossrnship 47, South, Range 28 East: Bounded on the north, east, south, and ~est by vacant land zoned Estates, and also on the south b.v 66~s Avenue, N.E. PUBLIC WORKS 1) This item has been deleted. 3 Nox'emb~'~r 17. 1998 17. 2) Amend Construcllon ,Managemenl Conlract for the South Naples Communit,. Park. Project 8(1037. · 3) To approve Ibc assignment nf thc Professional Sera'ices/Management Contract (Thc Agreement) bct,veen G;,r~ L. Miner, P.A. ("Mo)er') and Collier Count,,- dated October 6, 1992 for Management .4. dvi~.or-v Sen'ices for Pelican Scnices Dh L,,ion (Pelican B~,y Municipal Taxing and Benefit Unit) to Severn Trent Environmental Sen'ices, Inc. ("ST"). C. PUBLIC SERVICES 1) Authorize installation and fundin~ of additional humidity control equipment in the Medical Examiner's building. St;PPORT SERVICES E. COUNTY ADMINISTRATOR l) Al)l)ro~al ~f changes to the Senior Managemcn! Fringe Benefit Plan. 2) Budge/Amendment Reporl BOARD OF COUNTYCOMMI$$1ON£RS M]SCELLANEOUSCORRESPONDENCE H. 1) Mi',ccllaneous items to file for record *~ith action as directed. OTIIER CONSTITUTIONAL OFFICERS 1) 2) 3) Recc, mmend that the Collier County Commission endorse the Untied States Dcpa~ment of Justice Federal Equitable Sharin~ Annual Certification Report. Recommend that the Board of Coun/~ Commissioners accept the Lc)cai La%¥ Enforcement Block Grants Program 'A~ ;~rtl fr,m the U.S. Department of Justice and approve the Budget Amendment. Rcc~mm~endatlon lo al)l)ro~e Iht' u~,c t}f confiscated Irust funds to purchase crime prevention materials. 1. COUNTY ATTORNEY J. AIRPORT A UTtlORIT'~' SUM.MARY AGENDA - Tills SECTION IS FOR ADVERTISED PUBLIC IIEARINGS AND MUST 3,1EET TIlE FOLLOWING CRITERIA: I) A RECOMMENDATION FOR APPROVAL FRO5! STAFF; 2) UNANIMOUS RECOM?,IENDATION FOR APPROVAL BY Tile COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTIIORIZING AGENCIES OF ALL 3IE,",I BERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO TIlE ITE,M RECEIVED BS' STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTltER AUTilORIZING AGENCIES OR TIlE BOARD, PRIOR TO TIlE COMMENCEMENT OF TIlE BCC MEETING ON WillCI! TIlE ITEMS ARESCIIEDULED TO BE tlEARD;AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSi'FION TO TIlE ITEM. 4 November 1 '~ 1998 ADJOURN ~NOI.:IRIE$ CONCERNING CHANGES TO Tile BOARD'S AGENDA $IIOULD BE TO TIlE COUNTY ADSIINISTRATOR'S OFFICE AT 774-8383. ~AGENDA CHANGE, V; BOARD OF COUNTY COMML~;SIO~ERS, MEETING _NOVEMBER 17, 1998[ aDD: rrEM 2(al- SW'EaRINC; IN OF PAMEI.~ s. UaCWIe. (nco ado: ~e~ ~o(al - ~Qvesr ~o~ ~eco~sme~rto~ or L~r aVA~OUOVS~ ~SXWe (CO~SSZOYe~ CONSrayr~o' ADD: ~EM 16(A](~) . neOuesr To at,RovE FOR RECO~ING THE FINAL P~T OF NORTH COLLIER INDVSTmAL CENTER AND APPROgAL OF THE PERFOR~NCE SECURITE (STAFF'S REQUESD. ADD: ~EM 16(A)(4). ~OUE. gr TO avaao~ rue FINAL P~T OF JASatlNE ~A~ CONTINUE: ITEM 8 B 2 TO 12/I MEETING..-APPROVE THE LIVINGSTON ROAD UTILITY FACILITIES REIMBURSEMENT AND CONTRIBUTION AGREEMENT (STAFF'S REQUEST) _NOTE: SET BCC ~VORKSItOP DATE FOR THE PUBLIC INFORMATION OFFICE MASTER PLA~. WHE, gEA$, .P I~ O C L A t~ A T' I O N Nevember 22 - 28/~ Nat~onal Farm C~t,v ~Veek, a ttme set aside to recapture and honor the contributions alt our county~ o~rt~u/turt¢ts and to $trcn2then the bond bctwecn urban and rural ctttzen$,' and, o~7r/culture /s a w'to//y tmportant element tn Co/her County's economy w/th o vet ~300, 000, 000 tn sa/es 9cnera ted annual/y; and, Call/er County ranks 21~ nattona//y out of the nation'~ 3,150 counties /n total value of crops sold' and, WHE,~EA$, the Board of Co/her County Commisstoner ; supports local a27riculturc through prosram$ thclud/n~ cooperatton wtth the Untverstty of F/or~do ~ C~oPero t/ve ExtensiOn Z~rw~' off c/t~e~ ore encouraged to pause and recapture the contmbut~bns of/OEO/formers and rancher5 to the cconom~, th~ food supp/~ and Foc~ty. NOW THERE?OR~" ~e it proc/a~med b7 the Board of County Comm,~s, oners of Co/her Count, F/or/do that on behalf of the cl'tl)en$ auntZ, ~reat apprcclbttOn and honor ~ owed to afl of tht~ countz~ aFrt~ltu~l~U and tho t No vember 22-28, 1~8 be de~,~noted a~ FAR~ ~ WEEK DONE AND O~DE~ED T~ I7th Day of No~ember, OF COUN1-Y COA4A4I$5.rONE, qS COUNTY, A TTE5 T: AGENDA ITEM No. ,-.~,~ ( N0V I 7 1998 Pg. / P~OCLA~A TZOM WHeReAS, Colh'~r County has a pro~rom that recognizes employees for outstanding3 effort and hard worh: and the pro.qram is h'm/ted to non-mana~qement employees.' and. on occasion a management employee so d/~tin~luishe$ him or herself tho t spec/o/recognition t's warranted: and, WHEREAS. Mr. Skip Camp has through his recent efforts negotiated and f~hah'zed oomph'coted four-party contractual agreements on behalf of ali Colh'er County employees and citizens: and, ay a result of/Hr. Camp's extraordinary efforts, a Subway and Dunk/n' bonuts have now been made available to everyone who works or visits the County Government Comp/ex.' and. WHEREAS, additiona/ productiw'ty can be expected from Count), employees as a result of this new convenient amenity.' and, WHEREA,R n,be cents of ever), dollar collected from the food operation will.qo toward/repro vemen ts for the handicapped. NOW THEREFORe,, be ,'t proclaimed by the Board of County Commissioners of Co/Her County, Florida, that the efforts of A4r. .~kip Camp, Collier County's FocHt'ties A4anogement Director, have warranted thi~ proc/ama t,Dn of special recognition and appreciation on behalf of afl who work with and visit the CounW Government Comp/ex. DONE AMD ORDERED THZ$17th Day of Nove~nber, 1998. COIZ!EP COUAII~, FLORIDA A T'TES E' BARBAEA B. BERRY, C, HAT~RMAN AGENDA I~TEM No. NOV 1 7 1998 P~._ ~ EXECUTIVE SUM.MARY STAFF ANALYSIS OF TIlE TOURIST I)EVELOPMENT TAX PROGRAM. OBJECTIVE: To provide the Board of County Commissioners with a staffanalysis of the Tourist Development Program in Collier County. CONSIDERATIONS: Staff was directed by the Board of Count, Commissioners to evaluate the current Collier County Tourist Development Program as compared to the other counties in lhe state of Florida and make recommendations as to ho,.,,, the program might operate more efficiently. The staffanalysis contains the following sections: 1. History of the Tourist Development Tax; 2. A Comparison of all Florida Counties that Collect a Tourist Development Tax: 3. Comparison of Southwest Florida Coastal Counties that Collect a Tourist Development Tax: 4. Innovative Programs. A) Sarasota County. lB) Palm Beach Count)': 5. Recommendations. A) Purpose. C) Conclusions: and 6. ExhiNts. FISCAL IMPACT: The 3% tourist tax ,,,.'ill collect approximately S8 million dollars in fiscal ,'.,ear 1999. The acceptance of this repoa ',','ill have no fiscal impact on the collections. GROWTtt .MANAGEMENT: None RECO.M.MENDATIONS: That the Board of Count5, Commissions accept the staff' analysis of the Tourist Development Tax Program and utilize/ts recommendations. The report will be delivered under separate cover. GM;jd 11,'5,'98 Prepared by: Greg N~l'ihalic..~i~ecto~ - "- ~., Housing and Urban Improvement Dept. · incent A. Cautero. AICP. ~C(~l'ministrator Communipj Dev. and Environmental Svcs. Date J,/' ..,, - NOV 1 7 1998 EXECUTIVE SUMMARY APPROVE FUNDING FOR THE TOURISM ALLIANCE OF COLLIER COUNTY, THE NAPLES AREA CtlAMBER OF COMMERCE, AND TIlE MARCO ISLAND YMCA. OBJECTIVE: To have the Board of County Commissioners approve funding for the following Advertising / Promotions applications: Tourism Alliance of Collier County- 5121,160.33; the Naples Area Chamber of Commerce-S55,688.67 in Tourist Development Advertising / Promotions funds (B1), and to approve funding for the Special Events application of thc Marco Island 'fNI('A- S50,000 in Tourist Development Special Events funds (B2). CONSIDERATIONS: On October 19, 1998, the Tourist Development Council reviewed two applications for category B I Advertising / Promotions funding, Total funds available for projects in this category is S176,849. One project was recommended for full funding and the other, for partial funding. Also, the Tourist Development Council reviewed four applications for category B2 Special Events funding. Total funds available for projects in this category is S56,533. One project was recommended for partial funding. The following list of projects are now being brought forward for your review and approval. Applications for Category BI Advertising / Promotions fundin?A Tourism Alliance of Collier County (TACC) requested an amendment to their current contract in the amount of 5176.849 for additional funding to Promote and Advertise County Tourism within Ire State of Florida, Nationally, and Internationally. The TDC recommended funding in the amount of $121,160.33 bv a ,.'otc of 4-1. Naples Area Chamber of Commerce (NACC) requested an amendment to their expired contract in the amount of S55,688.67 to cover a shortfall in their fulfillment costs. The TDC recommended funding the full amount requested by a vote of 3-2. Appl~g.ory B2 Special Events funding; Marco Island YMCA requested S120,000 to hold their annual" Marco-Naples Sports Festival "on May 14-16, 1999. The/DC recommended to partially fund this event for the last time in the amount of S50,000 by a vote of 5-0. FISCAL IMPACT: The S 176,849 Category B I Advertising / Promotions funds and the .556,533 Category B2 Special Events funds are available in reserve funds from the Tourist Development Tax Funds, funds 194 and 193 respectively. A budget amendment is needed to allocate funds to the projects. ^~,.~u>,,~,~,& N0¥ 1 7 1998 GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners approve the referenced amendments / applications fo.r TDC funding and authorize the Chairman to sign standard Advertising / Promotions amendments and Special Events agreements based upon the 1998 standard agreement for each of the listed events and to approve the associated budget amendment. Sam Saadeh ' Date' Assistant to the County Administrator - Gre~-~ihalic, Director Housiff.~.n' d Urban Improx ement APPROVED BY: '~~ ~' ~ Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Sen'ices Date Date NOV 1 ? 1998 / z :~ z C NOV 1 ? 19B8 © 0 ~5' > < 0 0 FIRST A.~,iEND,,.,,IENT TO 1998 TOURISM AGREE/~IENT BETWEEN COLLIER COUNTY AND TIlE TOURISM ALLIANCE OF COLLIER COUNT'}.' REGARDING ADVERTISING AND PROMOTION day of THIS FIRST ~MENDMENT TO AGREEMEN~r, is made and entered into this _, 1998, by and between the Tourism Alliance of Collier County, composed of Vish Naples, Inc., a Flo,dda corporation, and the Marco Island Chamber of Commerce, Inc. on behalf of the .'Marco Island and Everglades Convention and Vlsi:ors Bureau, hereinafter c°llecIivel3 rcfcm'ed to as "GRA~\'TEE" and Collier County, a pob. ical subdivision of the State' ofFlorid.u. ;ere;;:afer rcfe:'red to as "COL%'Ty." dated RECITALS V,%'EP,..EA S, t,,. COU%'TS.' and the Grantee entered into a I997 Tourism Agreement (the 'A~eement")in Ihe amount of $1,195,429.00; and ',','I-~EREAs, Visit Naples, Inc. has requested an additional sum of $121,160.33; and \:,'i-,,'ER EAS. the COUNT'Y agrees to the requesled increase in fl.~nding. WITN'ESSETH. NO\" TI'IEREFOP,.E, BASED ON THE MUTUAL COV'ENANTS HER.EFN A.NrD OTHER VALUABLE CONSIDERe\TION, IT IS MUTUALLy AGt:LEED AS FOLLOWS. 1. Section 2 to the Agreement shall be deleted in its entirety and replaced with the £ollo,.ving language: P'"" Y"T.r:7'"iT: The amouat Io be paid under this A~eemenl shall be One Million, 'Elree l'-/ur~dred Sixteen Thous~d. Five Hundred EighB/-nine and 33/'100 Dollars ($1.316.559.33). The GP'LANTEE shall be paid in accordance v/ilh fiscal procedures of the ('o~:~,: For expenditures incurred for lhe promotion and ad','enJsing expenses as described ~n Section I upon submittal of' an invoice and ur~on verification that the services dc'scribed in tl~e invoke are completed or that goods have been received. I,~OV 1 7 1998 GR-ANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to tile Count)., Administrator or his designee. Thc Count>, Administrator or his designee shall determine that tile invoice payments are authorized and tile goo'ds or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute auHior-/zation of tile expenditure described in the invoices provided that such expenditure is made in accordance w/th INs Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of tile ser,,'ices invoiced. GRANrTEE shall certify in wt-/ting H~at ali subconIractors and vendors have been paid for work and materials from previous pas.ments received prior Io receipt of any further payments. The COUNTY shall not pa.',' G:"'L.%'x'TEE until the Clerk of the Boa. rd of County Co,,':u'nissioners preaudits pa.', ~,'m,e.,-:l invoices in accordance with the Ia,,,.,. GR---'\.X:TEE s~:aI! be paid for its actuaI cost not to exceed the total amount for v~ious litie ilcms of Exhibit "A", subject to tile ma-x/mum total amount, ma)' be incre~ed or decreased by up to ten percent (I0%) at the discretion of GRANTEE. Adjus:n]en., ir'~ excess of' ten percent (10%) of an,.' line ilem must be author/zed by the Counlv Adn]inistraror or his desigrme. ' Excep~ as scl fonh herein, all of the terms and provisions of thc Agreement shall remain in full force and effect. NOV 1 7 1998 IN' WITNTSS WI-IEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above ,,witlcn. DATED: DV','iGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONTRS COLLIER COUNTY, FLOR.DA By: BARBARA B. BERRY, Chairman WITNESSES: Pnn:cg T:,"~-.d Name Approved as to form and legal sufficiency Heidi F. Ashton Assistant Count>, Attomev h :. ..... 999 TDC Agre.'men:.s Tour:sm.,Xlhanze of CC G RANT E E TOURISM ALLIA2',,'CE OF COLLIER COUNTY Visit Naples, Inc. By:~ Pr':n :e i.q'y-0e g Name i /wC._ Marco Island Chamber of Commerce. Inc. Pnnted.'Tvr, ed Nam: .! · i' AGE ..... Collie: Count'.,,, F::ri~a No.._~(~ Personally Know:-,~' N0 ~rodu:ed I.D. " iTEM 2002 E×HIBIT -8. .0 RECEIVED SEP 1 7 1998 HOUSING & UI~AN o£ Coun/y October 5, 1995 Mr G~¢g Mihalic TDC Coordina~.or Housing and Urban Improvement 2800 North Ho~esho¢ Drive Naples, FL 34104 Dear Mr. kfihalic, Please find enclosed the re,dsed grant application for the Tourism AJliance of Collier County. At the Tourist De'.'elopment Council meeting held on Jul3, 27, 1998, funds for the months of Ju,ly, August and September 1995 had not been realized At that time, The Tourism Alliance ,,va.s told by thc TDC that they could apply for th. is additional funding at the Oclober TDC Meeting. In accordance ~t-ith/',4 Heidi A.shton's statemen! at this me.c'dng, we ~rc re. questing an amcr, dment to our current contract in thc ~rnoum o£ $! 76,849.00 which includes collections in B-I funding for the mondu of July, August, September 1998. It is our undcrs.'~nding that the Film Commission, under the umbria of the Economic Development Cour~iJ, has not applied for funding. The Tourism Alliance of Collier County will undertake the film promotion role as a pan ofthek ongoing marketing plans. We thank you for your consideration oftkis requesl. Sincerely, "~-) %ucie Manley Co-Chairm~n NOV 1 7 1998 3 ('oilier County Tourist Development Council Grant Application Calegor). B-I Promotion and Advertising of Tourism in Collier Count)' Cempldcd ~ ' ,.,?;n~c~t~on must be received 30 days prior to the Jul.',.' Tourist Dm,'clopmcnt Counc:l mccnn~ (TDC meets fl~e third Mond~i. of the month). · :'.;:;:'l~caaons must be received at fl~¢ below adch'ess: Administrator/Director Collier Count.',' Tourist Development Council Housing and Urban Improvement 2800 North Horseshoe Drive Naples, Florida 34104 h,.'~m¢ ~nd ,,\dd:c:.s of Applicant Org~mz~t~on Tourism Alhance of Collier County 1400 Gulf Shore Boulevard N, Suite 218 Naples, FL 34102 The aliiance is composed o£\;ish Naples, Inc. And the Marco Island 8: the Everglades Convention and Visitors Bureau Or~4am,'-atlon's Ch~c£ Official and T~tlc Job r', *.,- .,-,,v, es. Lucie Maniey (Go-Chairmen) Contact Person. TItle m~d Phone Number '}'an'mdc Matthews. Mana£ing Director. \;isil Naples; 403-2015 Lucie Man e.,,', Chairman, Marco Island & the Everglades Convention & Visitors Bureau. 642-2607 Ho\,, much TDC £undmg is 3'our orgamzat~on rcqucstulg9 TOTAL S279.849 00 Distributed as follows \"isit Naples, Inc S29.975 35 as per memo from Donald Blalock. }]L!I Manager (attached) Rernainin~ funds .$146,873 65 00% m \,'isit Naples = S88,124 19 40°,,0 to MIE('VB = .5,58,74946 · ! /x~IEC\ B $10.~.0o0 00 for the promotion of Everglades C, itv (see atlached information) Totals Visii Nap es. Inc = S118,099.54 MIE('\'Ig :- $161,749 46 NOV i 7 1998 Br/c~ descn'bc yo~- org:m,zat,on's capabilitv to promote Collier Count), as a tourist dcstination~ ' Please see submission of'7/l 7/98 and presentation to TDC on 7/27/98 A detailed mart.:¢ting plan must bc submitted which includes, but is not limited to, publicity, public relations, advenismg/promohon bx' d~r¢ct mail, television, radio, newspaper, magazine and/or an), other media forms such as videos ~t. nd brochures. All activities must promote the shoulder and olT- season of May th. rough Nos ember Please see submJssion of 7/17,'98 and presentation to TDC on 7/27/98 7 Pros'id: a time lan: fo: impl:men:.mg thc marketing plan Funds ',*.'ill be used :(, rte, mote the shoulder se2son bet:veen Ma)' and November. Pro', ldo a de:2~;::.:' k.., j: :: ~c:.-,:~ f.s :ag linc ~tem cxl:x:r,~es ar, d aqt,c~pat~ sources of revenue Please see subm:ss;on of 7 17/98 and presentation to TDC on 7/27/98 · ~.,.,. ,:~a,~c,r~ must b: accompa.ra~ b)' the following. a) \'c:'/,5c2::::n o£non-pro,qt status b) Last fisca! .','car's financial statements Currently on file c) Inco:'pora;ion papers it; }~as .,,'our o..=,n >, ..... .n prc'~ ~ousl.,. received Collier Counts. Tourist Development Funding? Yes (×) No ( ) I have read thc Tourism Granl Program guidelines and cr/teria. · b~gnalurc of Organization Chief OFficial NOV 1 7 1998 // COLLIER COUNTY GOVERNMENT COM,~IUNITY I)EVELOP~IENT AND ENVIRONsIENTAL SERVICES DIVISION 2800 NORTIt HORSESHOE DRIVE NAPLES, FLORIDA 34104 August 19, 1998 Ms Tammie Matthews Managing Director Visit Naples 1400 Gulrshore Boulevard, Norlh Suile 218 Naples. Florida 34102 Re:P.O 703033 Dear Ms The adopled 1996-1997 Budgel allocated $489,058 for Naples TDC Commillee's (Visit N'aples) "Remitlance - line ilem (194-101540-88210-10215). These funds are paid 1o V~sil Naples oul of P.O. 703033 On May 13, 1997, a ioint requesl was made by Naples Area Accomodalion Association (aka. Naples TDC Commillbe, Visit Naples) and lhe Collier Courtly Tourism Comm~Ilee or CCTC (aka. Naples Area Chamber of Commerce) Io take lhe remaining balances previously allocaled to the Chamber and place them in lhe Visil Naples' aCCOunt. This requesl was adopted by lhe board on lhe same date and Visil Naples' line ~lem 194-101540-88210.1021,5, was increased by $292,077.12 Io $781,135.12. Th~s amoum also increased P.O. 703033 (allached) from $489,058 Io $781,135.12. I lr~'~q u~al~l,~ . .... -,,,. (he F:nar~ce Depedmeq! has not/fled (he Depa~menl of Housi~~ and Urban lmprovemenllhatthereisaproblem. The totat requesl should have been $811,109. it seems, $29,975.34, was never moved from the Chamber's-Remiltance, line ilem 194-101540-88210.10200. Apparent y, the Chamber and Visil Naples were sharing the cosl o~' an adveaising brouchure, and nol all lhe funds were needed. Because ever/one assumed lhal the money for Ihe brochures was already in Visil Naples' accounl,, Ihe $29,975.34 in Ihe Chamber's accounl was never moved when the budget request was made on May 13, 1997. Therefore, lhe Visil Naples' remiltance line item was shorl S29,975.34 because il never was lransferred from lhe Chamber. This shodage causes P.O. 703033 lo have a remaing balance of $82,3,55 instead of' havin9 Sl 12.330 34 Natural [tesour PolJutmn ConLr, NOV 1 7 1998 , 1 }?:J2-2505 }403-2300 732.2502 I contacled I',',s. Jean Gansel, of lhe Office of Mana§emenl and Budget, lo find ou~ what happened Io the $29,975.34. She explained that the funds did not carry over into 'the Chamber's 1997-98 budgeL She slated Ihat ',,','hen the new bu§el (1997-98) was adopted on October 1, 1997, the $29,97'5.34 was removed from line ilem '194- 101540-88210.10200 and made available for Promotions and Adverlising §rants in 1998. In conclusion, in order for Visit Naples to receive these funds ($29,975.34), it will have lo apply for them at the next TDC Committee meeting in October, 1998. The Tourist Tax Revenue for July, 1998, has been labulated and an additional $58,000 is available. These funds are in addition to what was available (approximately $1,345,000) at the Jut:,, 27',~, TDC meeting. Please be sure to apply for these funds if they are needed. As staled above, the remaing balance for P.O, 703033 is $82,355. Please make this correct,on Io yo;.,r books. If any addilional information is needed, you may conlact me at 403-2339. S~::~e rely. · alocK ,, .~ HUI Manager ~ ~ Cc: Sam Saadeh (enclosure) NOV 1 ? 1998 /,¢ , PC.._ .... ; FIRS'I AMENDMENT 'fO TOURISM GRANT PROGRAM FULFILLMENT AGREEMENT THISFIRST X,r ' · A ....NDLIENT. is made and entered into this da)' of , 199g, and hereby amends the Tourism Grant Pro,:tarn - Fulfillment A~reement by and betv.'cen the Naples Area Chamber of Commerce. therein and herein referred to as "GRANTEE." and Collier Count',. a political subdwis~on of the State of Florida. therein and herein referred to as "COUNTY," said original Agreement dated September ~,d a , 1997. RECITALS V.'IqEREAS. the COUNTY and the GRANTEE recognized that the funding provided for in thc %e?Iember 3. 1997 A?eemen: would be inadequate to fund thc operations of GRANTEE for the entire cart:tact period of one )ear. and V,'t~EREAS. the GR.qNTilI( has applied for additional funds m the am,-,,.Jnt of S55.68867 to be u,cd ,', accordance v,j;?; I?'~q lerTlqs, argd coaditmns of thc September ]. Iqg7 Agreement. and \VHEREAS. m order to accnmplish tile above-described request., ~s necessary to amend Section I 5,,.oF.e of V¢orL. and .qect~on 2. Pa.', meat, as set forth in the September 3. 1997 Agrec~nent: and \Vt!EREAS. for e~:'.e of rc~.~ev,, both sections have been set fon~. in their entirety below with the a:nend,':',en~s to text noted :n underhmng for additions, and strike-through for deletions WITNESSETIt: NO\t,. T}tEREFORE. IT 15 N',UTL;ALLY AGREED that the September 3. 1997 Tourist Grant I'r ~'-rar':: ,r:ulfi;imen: /' 2'""-'"n,' hel',~ een Grantee and Count,,', is amended as follows' I gCC)['[_' r._)F \~.'(])l~.l..~ In accordance with the Budget attached as Exhibit "A." as amended, the (31.'..4 "4'Vice s~:all pro', ~de fulfilJn:znt of ~nquiries resulting from the advertising and promotion of Colher (- O Ltl1', '~ - ir .','~ ,,~E...T The amoum to be pa~d under Ih~s Agreement shall be c ...... ~-,,~ ..n ....... 4 ~ ..... - ,~4-$ ].,r..6,~:~. 6 (t.,",,a max,mum pa'..'ment bc,n~ composed of an orieinal grant of.~75.~00 ,,'!.'~:~. an mcrea'c m such amo,,~.,:t of .~.~ 5%,~$ 67 as approved by this amendment). The GRANTEE shall be :',,~d m accordance v, ith fiscal procedure~ of the Count)' for expend,utes incurred for the promotion and a,1, ca~s,n.~ e,:;,enses as dcseribcc' i~ Section ] upon submittal of an invoice and upon verification that tile ~,~.'r~ ~¢es dcs:ribed in the in'.o~cc are com?Icled or that go. ods have been rcce~'.ed GRA~'TE'I./ sha!l delermtnc thai the goods and services have been properl> provided, and shall st~l'~.m~ m',mces lo thc Count., ^dmm~strator or his designee. The Count,,'. Administrator or his designee shall dete.,-mme that fl~¢ inxo~ce P'L" meats are authorized and the goods and scrv,ces covered by such m,. race hax e been provided or perfo,"mcd in accordance with such authorization. The amended line item bud,_'¢t auached as Exhibit "A" shall coast,ute aulhorization of thc expenditure described in the invoices pro., ~&'d thai such ex?er, dc:ute is made ,n accordance with this Agreement Each m,.oicc submitted h,, GRANTEE shall be itemized in sufficienl dclail for audit thereof and shall be su~pomed h) cop~:s of carrcsponding vendor in,.oices and proof of receipt of goods or pzrfn~mqncc of th..' :,er,, ~c,'.~. invo,ced GRANTEE shall ccrtif', in x~ritinn that all subcontractors and x c~dors ha', e been paid fo:' work and malcrials from previous payments prior to receipt of am.' further r::?ments TheCOk'NqYshallnc,~pa5 GRANTEE until thc Clerk of the Board of Count.,, Commis'~ioner,. prc.aud,:~ pa)ment mvoicc~ in a:cordance with the law. GRA. q Et: shall be paid for ils actual cost nol to exceed the tolal amounl for various the ma',.mmm arnounl bud,._,eled pursuant to the Attached "Exhibit A" Tile amounts m~s I~ne ilem5 of Exhikm ",,\." subject to the ma×~mum tOlat amount, ma,, be increased decreased NOV ! ? 1998 b.x up to ten percent (i£,°<,) at the discretion of' GRANTEE AdJustment in excess often percent ('10~,.) of an.', line item must bc authorized by the Count)' Administrator or his designee. 4. All remaining provisions of the Tourism Grant Program Fulfillment Agreement dated September 5. 1907. except as specifically amended in this Agreement, shall remain in full force and effect. '~Vord$ underlined_ Ire mdded; v ords ~"'~ ......... '~ .....~,k are deleted. IN WITNESS WHEKEOF, the GRANTEE and COUNTY have each respectively, by an ~' ' hereunder set their hands and seals on the date and year first above wrinen. aulhorized person or aeen,, DATED: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA BERRY, CHAIRMAN ¢;RAN1 EL %'~ple~ ~,rea ('hamber of Commerce f'RINI 1.I)'I '~ PI:Il PRI'~'I I;IL'rYPED NAME (Corporate seal) NOV 1 ? 1998 ~IIBIT 'A' ~JD~ FULF~LLMEh~ $75,000.00 SCOPE OF WORK: GRAh~E agrees to act and serve as a central source of Information to respond to inquiri~ from individuals seeking to ]cam about Napl~ a~ a tourist and recreational destination. GIL, LNTEE shall accept and r~pond to "'in per, on' or telephone inquiries and shaU maintain recorch, reports and systems, and develop procedure~ to promote Naples tourism, pro',qde/zfformafion ,,nd answer que~fio~ and when requested, shall mall GRANTEE,S 16 page destinaUon brochure to those who request it. AJJ such scr'vice~, relating to respor~ and matcrLah, ~nd the developing and maintaining of procedure~ and systems, and feinted acth,'Jde~ shall be deemed to c~'~titute Ufulf~lment, nnder thh agreemenL All eXpen~e~ incurred in connection w/th such ~fttlfli/meaatn as defined and described herein ~ be cor~[dered eh'gible expe~es subject to reimbur~emeat and pa~ment by the COUhTy. AJHENDED FULFLLLMENT $55,658.67 is requested to cover full expcnditurcs for the existing scope of work rcfcrenced above. TOTAL FULFFLLStEh-I' Total fulfillment for thc September 3, 1997 Tour-ism Grant Program Fulfillment Agreement ks $I30,688.67. NOV 1 7 1998 Chamber '~. ~ of Commerce ~" RECEIVED OCl' 6- 1990 i~OUSING l, URSAN 1MP~OV~ENT ACCREDITED October 5, 1998 Mr. Greg Mihalic Director Housing and Urban Improvement Dept. Development Services Building 2800 North Horseshoe Drive Naples. I'-'L 34 I0l Dear Greg: The Naples Area Chamber of Commerce and Collier County entered into a Tourist Grant Program Fulfillment Agreement on September 3, 1997. As you 'know, we depleted the allocated fulfillment grant dollars as of May 31, 1998. \Ve have shared with vou, and your staff, thai ~l is difficult to accurately forecast responses ~cncrared from advertising sources. For example, an ad placed in May in each of the following. BcIler Homes & Gardens, Ladies Home Journal, Midwesl Livin~ and Country Home. provides a circulalion of 6.2 million. These publications have reader response czu'ds thal allow thc subscriber to circle one or more of the many advertiser codes to receive information. There is no way to predict the timing, or volume, of subscriber responses. Other examples that provide challenges to forecasting include press articles such as Money Magazine rankings on places to live or retire, and Conde Nas~ "Best Beaches." · Additionally, building an accurate budget was made difficult by the change in grant application dates and funding cycles. The fulfillment grant was of necessity submitted withoul the benefit of knovving the actual 4,, quarter figures. We can now see that May of 1997 fulfillment costs exceeded May of 1996 fulfillment costs by $t8,912.94. June 1997 fulfillment costs exceeded June 1'996 fulfillment costs by $19,855.00. Jul)' 1997 fulfillment costs exceeded July of 1996 costs bv $12.789.07. August 1997 and September 1997 were ,,'er), similar to the same two months in 1996. but as these figures indicate, there was a dramatic increase of S51.557.01 in fulfillment costs ove,'the previous year and at the time that applicalions were submitted, none of these increases were known. a*~NOV 1 7 1998 Therefore. due to the funding shortfall for fulfillment as described in the scope of services, we would like to request an amendment to the agreement similar to an amendment made to the December 7, 1993 agreement when "the COUNTY and the GRANTEE recognized that the funding provided for in the December '7, 1993 Agreement would be inadequate to fund the operations of GRANTEE for the entire period of the one 3'ear." Please consider this letter our request to be placed on the agenda for the October 19, 1998 Collier County Tourist and thc October 27, 1998 Collier County Commission Agenda. Thank you for 3,'our assistance with this matter. Sincerely. Ell~e Kricr Interim President enclosures AGE ~ ~ NOV 1 7 lgg8 1998 TOURISM AGREESIENT BET\VEEN COLLIER COUNTY AND TIlE 1NIARCO ISLAND 5'.IN~I.C.A., INC., REGARDING TItE 1999 INIARCO-NAPLES SPORTS FESTIVAL THIS AGREEMENT, is made and entered into this day of ,1998, by and betv,'een the ?Vlar¢o Island Y.M.C.A., Inc., a Florida corporation, hereinafter referred to as "GR.ANTEE" and Collier Count.,.', a political subdivision of the State of Florida, hereinafter referred 'to as "COU'N'TY." V,q'-IEI:kEAS, the COU'N'TY has adopled a Tourist Development Plan ('hereinafter referred to as "Plan") funded by proceeds from the Tourisl Development Tax; and \tq--IEREAS. the Pla~; prc~','ides that certain of' Ills revenues generated by the Tourist De'.'eloprnent Tax are to be allocated for the promotion and advertising of Collier County nationally and in;,-",'r,,a',;.:',:;all,, a~ld for the promotion and adve.~ising of activities or events in:ended to bring tourSsts to Collier Count>'; and V,"HEP..E.:,.S, GP,..,-",NTEE has applied to the Tourist Developmen.t Tax Council and the Count',,' to use Tou.~sl Develop:'nenl Tax funds for the promotion and adver'tising of the 1999 Marco-Naples Spor",s Festival scScdulcd for May 14-16. 1999 (tile "Event"); and k',q-'IEREAS, thc COUNTY desires to fund Ihe proposed advertising and promotion pursuant to this Agreement. NO\V, TItEREFORE. BASED UPON THE /'dUTUAL COVENANTS AND PREX~ISES PROVIDED HEREIN, AN~D OTHER VALUABLE CONSIDERATION, IT IS I"'~IUTUALL'5' AGREED AS FOLLO\VS: 1. SCOPE OF' \V(.)RK: In accordance with tile Budget attached as Exhibit "A." the GR.ANTEE sha!l pro'cid: adve?t:sing and promotion o~ tho ,'Marco-Naples Sports Festival. The date(s) of thc e','c~t or act~',itv at:d tile kev panic!pants may not be changed without an amend- mc:'~t lo this .Agreement as provided in Section 17. 2. .P/',,5',"..1F..k.'T. Thc amounl to be paid under th~s Agreement shall be Fift'.' Thousand Dolklrs t'$50.t~!~l~.l~01 Thc GRANTEE shall be paid in accordance with fiscal pt'occdurcs of !he Cot~t'ltv I'or c:.:penditurcs incurred for tile promotion and advertising expenses as described in Sccticm I t~po~ std'm'~ittal of' an invoice and upon verification that tile se.,-vices dc~;c:'iht, d ii: thc in',,~cc ;irc c~m~plctcd or that goods have been received. NOV 1 ? 1998 GP, A, NTEE shall determine that the goods and sen'ices have been properly provided, and shall sub;nit invoices to the Count)' Administrator or his designee. The Count), Administrator ~r his designee shall deIerrnine that the invoice pa~,~ents are authorized and the goods or sen, ices covered by such invoice have been provided or performed in accordance with such authorization. The line item budget a:tached as Exhibit "A" shall constitute authorization of the expenditure described in the in','oices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of Goods or perfonna~ce of the services ir~',.'oiced. GRANTEE shall certify in ',.,.'r/ting that all subconl:'actc, rs and vendors have been paid for work and materials from previous payments received pr~o:' to receipt of an), further payments, The COUN"I'Y shall no~ pa), GRANTEE until thc Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the lax,,'. GR..~.,X'TEE shall be paid for its actual cost not lo exceed the total amount for various line ilcms and ui~ lo tl'~e maxi."nunl amount budgeted pursuant to the Altached "Exhibit A." The amounts a??!:cabtz [o the various I/ne ilems of Exi~ibit "A," subject to the max/mum tot.al atnount, may be increased or decreased by up 1o ten percent (I0%) al the discretion of GR,,\NTEE. Adjustmcnl in excess often percent (10¥o) of any line item must be authorized by tile Coun~x, Administrator or his desi[2nee. 3 15'I~IG[BI.E EXI:"ENDITURE,q Only eligible expenditures described in Section 1 x,,'i!i be paid by COUNT"?. Any expenditures paid by COUNTY v,,'hich are laler deemed to be ineli~ibie expenditures shall bc repaid to COUNTY within 30 days of COL,rNTY's written rcques~ to repay said funds. COUN'T'~' ma,,' request repayment of funds for a period o~'up to one .','car after tcrn~ination of this Agrccmcnl or an.,., extension or rcncv,'al thereof. · 4 ]N$1~*R,A,x.'CE: GR.ANTEE is required to submit a Certificate of Insurance n:.,:a~,~U Cell~cr Cot~r~tv. and /ts Board of County Commissioners and tl~c Tourist Development Colmcil ;ts ;~ddllioI'~altv insured Tile cenificale must be valid for the duration ofthis Agreement, ;md bc is.~[::d bv a company licensed in the State of Florida. and provide General Liability ..~ Po©DlI_h' I,"','J U"R'~' LIAI)II.ITY $300,000 each claim per person NOV 1 7 1998 2 PROPERTT DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY ,$300,000 each claim per person V,'ORJ,7.ER'S COMPENSATION AND EMPLOYER'S LIABILITY-St.atutory The Cc,"tifica;c of Insurance must be delivered ~o thc Count)' Administrator or his designee v,'ithin ten days of execution of this Agreement by thc COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until tile Certificate of Insurance has been received by the COUNTY. 5. MO,",'THLY REPORTS. GRA.NTEE shall provide to County monthly' repons on the duties performed and sen, ice provided by GR. AN'TEE, its vendors or subcontractors, pursuant to this Agrcc',;;c:',~ 'I'i~c report shall idcntifv tile amount spent during the preceding 30 days and ll',c du;ies pc:l'r~rmed, and thc scr'viccs provided and goods delivered during said period. GR.ANTEE sh..,}l lake reasonable me,utes t.o assure the continued satisfactory performance of all vet, dc. rs and subcon:rac~ors 6. CHOICE OF VENT)ORS AN'D FArR DEALI'NG: GR..,M',,'TEE ma.',,' .select vendors or su}:cor:tractors to provide services as described in Section 1. COUNTY shall not be responsible fc.r p.",:.~:;g vendors and shall nol be involved in the selection of subcontractors or vc::ders. G,"-",A,".'TEE agrees Io disclose any rda~ionship belween GRANTEE and the subcon-~ frae:ors or ~e~;dors. including, but. not. limited t.o, similar or related employees, agents, officers, I directors and c; shareholders. COUNTY ma.,,', in its discretion, object to the reasonableness of' expenditures a;~d require repayment, if invoices have been paid under this A~eement for un~c~:,on~,o~, cxpc,ndi:ures. The reasonableness of the expenditures shall be based on industry s~a~;dards. 7. INDEMNIFICATIOn: Tile GI:LANTEE shall hold harmless and defend COUNTT, and its agents and employees, from an'.,,' and all suits and actions including attorney's fees and ali cos~s of I~'alion and judgmcnls of an,,' name and description arising out of or incidc:~:a} to ~l;c pcrfl;rmancc of this Agreement or v.'ork performed thereunder. This provision shall also pc.m.~;; 1,, u:;v claims brought againsl lhe COL.,"NTT bv an,.' employee of the named ~u..,::TEE. :z;;',. ~,uhco~',!raclor. or anyone direc:lx or indirectl',.' employed or authorized to perform ~o~k hv a::', of ~i~cm. Tile GP,..,,. 'TEEs obligation under this provision shall not be limited i~ a::x ~a', h., thc ab:reed upon Agreemenl price as shown in this GRANTEE's timi~ of. or lack of, sufficient insurance protection. NOV 1 7 1998 ~' ~: Ali nolices from the COUNTT to the GR,ANTEE shall be in v,'riting ar, d cie ..... ,., dub' ser','ed if mailed by registered or certified m,',il to the GRANTEE at the foilo',ving address: David Rice, Volunteer Director 1999 Marco-Naples Sports Festival Marco Island Y.M.C.A., Inc. I01 Sandhill Street · Marco Island, Flor/da 34145 Ali notices from the GRANTEE to the COUNTY shall be in wr'iting and deemed dul), served if mailed by registered or certified mail to the COUNTY to: Counly Administrator Second Floor, Administration Building 330I Tam/ami Trail East Nap/es, Florida 34112 Th~ G?~.~..',.,,'TEE and the COUNTY ma,,' change the above mailing address at an.',, time u?o:: g~x.;n: ~he other ;nan>, w,qt;en notification pursuant to this Section. .......... ,~tr Nothing herein contained shall be construed as creatin~ a, panner'ship bclv. cc:; Ibc COLg,,'TY and the GRANTEE, or ils vendor or subcontractor, or to con;tilutc ti:: GR..\NTFE. or its vendor or subcontraclor, as an agent or employee of the COU%'T'3'. I0. TE-E~,,r:,,,,',,TION: The COUNTY or the GRANTEE ma,,, cancel this Agreement x,.'itl~ or '.viIhou~ cause by g/ring 30 days advance wriuen nolice of such term/nation pursuant Io Scclion 8 and spccif).ing lhe e£fective date of termination. If the COUNT5' term/nates this Agreement. ll:o C©(.~'TS' w/Il pay the GRANTEE for al/ expenditures incurred, or contractual ol~liga!:ons incurred ,,v~:h subcontraclors and vendors, bv GRANTEE up to the effective date of tile_ le,'-'.n:narlo:~ so long as such expenses are eligible. Provided, however, or if GRANTEE fails io hold thc c', ertl or .,c, .... ...... ~,.,. GRANTEE shall pa'.,' lo COUNTY all funds expended bv COUNTY pulsuanl Io Il:is A~.:recn;cn~. unless the Board of Counlv Commissioners dc!ennines thai the c~ml:Ic;cd promo~ian and advertising of the event or acIivitv were su:":'iciem to justify the use of Ic)IJFISI dc,..clot::llenI lax fu:ld.~ · .SF',:F~.J .'",r'C'O~1%'TING. GRANTEE is required to main!ain account/n:,__, record:,: and keep tourism funds in a separale checking accoum 4 1998 rc!atcd to ~l]e Agrccmcn: should bc recorded, and all expenditures must bc incurred within thc [c7133 o~ti3is 12. A\;AILABILITy - -O~_a~F,_C_.O2~: GRANTEE shall maintain records, books, documen:s, papers a. nd financial infom~ation pertaining to work performed under this Agree- mem. GRANTEE agrees that lhe COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and tim right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving tranzactions related to this Agreement. i 13. EP'~'O~F A,~: GRANTEE shall not assign, convey, or Iransfc, r ;n x,. hole or in pan its intcrcsl in this Agreement without the prior written consent of the C<)~ 'NTh' }-; TV-D, · ~,-~-~, Thiz /',grcement shall become effective on[dale Board appro~csJ a::d ~ -, s,:..:.l remain effective for one 3'ear. The GR.A. NTEE shall request an extension of il;is Ic,'"n.,~ in v.'Ntinz a: lea~l thirty (30) days prior Io tile expiration o£ this Agreement, and the COU,'NT'~' nra.:, agree by amendment lo this Agreement to extend the term for an additional one .','car. An5 funds nol used by GRANTEE duc/ne I~e te,m~ of Ibis Agreement and any extension thc:'cI~ si:ali be a: ailablc for futt:re applicants. 15 E~'N, OF TOL~ISM [M'PAC~T: GRANTEE shall monitor and C'.'2 ;' "~ .... {c Ibc event identifying thc success of the event, explaining how the success and quality wcr'e cxalt:a~ed, roper, overall attendance including rcsidcnL'non-residenl attendance and how alt.. ~,am.c ~:::o,"n, ~a~/on ',,,'as ascertained. GFLANTEE shall provide a v'.'rinen report to the County ,'Xd::::nis:; a~o;' or his designee w/thin sixty (60) days of the date of the event. lc, -R~TATJO~: Ali promotional literature and media a.dvert/sing n'~tJs! pr~m;:v, zntlv Iisi Collier County as one of thc sponsors. l- .';, ",~ E N'D ~ ENTq' ---~-~.. This AgrecmenI may onlv be amended by mutual a~rcct;~c:ql c)l' Ii,,,2 pa,n/es and after recommendation bv the Tourist Development Council. NOV 1 7 IN' '4qTNESS \kTIER. EOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above wwitten. ATTEST: D\\qGHT E. BROCK, Clerk BOA.RD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA By: BARBAILA B. BERRY, Chairman TNT S S E S' Pn,'~:ed T ,,~cd Name Pnntcd. Ty~cd Name GR.A.X,TEE MARCO ISLA. ND Y.M.C.A., INC. Pn nle~."r>-pe d.---. Name e..X g'ax,,-r, v'~" Pnnle~Ty2ed T,Ile (corporate seal) Approved as to form and legal sufficiency H~idi F..~shton AssistanI Count':' Attorney h hghfa 199t} TDC Agreements'.1999 ,Mar¢o.Nal~le$ AGENDA ITEM No._ ('9 z NOV 1 7 1998 P~._.~ EXHIBIT"^" SPORTS FEST '99 MARKETING PLAN AND BUDGET Print Media Magazine Advertising Florida Spots Florida Race Place Florida Running and Triathlon Television V,"BBH TV; WZVN TV; TV 10; Media One April, May and June Create 1999 Logo and Theme 1,500.00 Desi~wn/Production of Magazine, Newspaper Ads, Dinner Program, Event site maps, Posters 1,960.00 Desig'n and Pre-press Design Production and disking/changes Proofs and Color keys Negatives 5,420.O0 Printing Posters, Maps, Event Programs Brochure 3,690 00 4,465.00 22,485.00 23,050.00 Photo Purchase and Photo Scanning Promotional T-Shin Promotional Design & Produclion Prinling Plales & Color Keys T-shins Tolal Budgel 1,500 O0 8.980 00 NOV 1 ? 1998 S $0,000.00 1999 Sports Fest 1. 1999 Marco-Naples Sports Fest Marco Island h~CA 101 Sandh. iJ] St. Marco Island, Fl., 34145 2. David Rice, Vo]u.nteer Director, Sports Fest '99, 642-4484 Cindy Love, Business Operations Manager, YMCA, 394-3144 3. DonaJd Clark, YMCA Executive Director/CEO, 394-3 i44 4. B2 5. $120,000.00 6. Ha,.ing Md 2 .,,'ears ofexT, erience in ad,,'ertNing the Sports Fesdvai, v,'e feel strongly that we Mve excellent capabilities in promoting Collier Count5' as a tourist destination. The knowl~.dge ofspeci.fic magazine adver'tksing, TV md radio time, direct mail to sports organ/zations, colleges and universities, YMCA's, the Governor's Council on Sports and Physical Fitness promotion, and our direct mailing ILs-ts, enable us to wage a comprehensive advertising campaign. The geograpNc scope of the campaign is directly related to funds available. Efforts Md been made to Mve this event noted in the visitors bureau promotional materials and greater interest Ms recently been felt, due in part to the back to back successes of the festival. We have measured our success by the number of paid participants, estim.ated number of spectators, community support and involvement, and the percentage ofhotet rooms occupied during the Sports Fest v,'eekend. 7. Sports Fest '99 is comprised of some 25 athletic competitions with opportunities for ma/e and females categorized by age and level of competition. In 1998 the competitors ranged from 5 years to 73 years of age. Social activ?ties are also included, namely; a children's olympics, teen dance for children grades 4 through 8, host hotel pool parr5' and barbecue, celebrity dinner, Chamber of Commerce sponsored cock-',.ail parry and volunteer dinner sponsored by the Naple.vrFon Myers Greyhound Track. 8. Nh>' 14, I5,16. 1999 9. Yes l 0. To our knowledge there has )'et to be a TDC event that was able to accurately me~ure the number of room nights. We have requested information on this void for the last tv.'o .,,'ears and no suggestions kave been provided. Since one of the main purposes of TDC dollars ks to fill hotel rooms we intend to provide the exact number of total hotel rooms and percentage ofcapacity for each hotel and motel we believe utilized b NOV 1 ? 1998 spectators and participants. We have selected 7 hotels that appear to have been mentioned most often on registration applications. '¢,'e believe there are other establisl"u-nents where our guest stayed. For purposes ofthis report, the YMCA ad,.'?E,xistration contacted the follov,'ing hotels: Naples - Comfort Inn and Super 8 Motel, Marco Isled - Lakeside Inn, The Boathouse, Radisson.,. i~51ton, and Marriott. The foLlowing numbers are a result ofdirect contact by the YMCA to the listed hotels. Hotel Room_s Available Rooms Sold %of Occupancy Friday, June 5 1,715 1601 93.4% Saturday, June 6 1,715 1711 99.7% Term Rooms Sold on June 5 and'6 -3312 Average % of Occupancy for June 5 and 6 - 96.6% Ad,.-nJttedly, not al! hotel rooms were the direct res'alt of the Sports Fem. The goals of TDC, the hotels, and the Sports Fes't were met based on the occupancy report. My concern is tM: there might be a shortage of available rooms for Sports Fest '99. To compensate we intend to communicate u,5'th additional Naples hotels and adver',.ise them in our corr~m~catior~. I 1. In 1998 40% of the competitors (759 athletes) ',,,'ere from outside Collier Count')' representing 16 r~ates and 5 countries, as indicated on their registration applications. Statistics ax-alhble from natio,'u.1 agencies suggest ti,at each competitor has 2.5 people accompany hS.m/her (1,898 people). Since there are no spectator ticket sales, emirr~tes made by people in charge of crowd con~'ol and sa/er:', such as the Sheriffs Deputies estimated that over 14,000 people v. ere in total ancndznce. '9,'e believe that some 5.000 outside of Courtb' visitors were in anenda, nce. 12. See I0 and 11 for explanation 13. The Festival provides opportunities for eveo'one to participate in an athletic event for competitive or physical fitness motives. The importance ofphysical fimess is obvious in all things we do in our normal life and the Festival is one way to emphasize the effort. The Governor's Council on Sports and Physical Fitness selected Sports Fest '98 as the model program in the State of Florida and suggested to 50 resort area CV'B's, TDC's and Chambers of Commerce's tha,~ the5' should create their own sports festivals. Sports actMties is another feature in addition to the artistic, cultural, and environmental anractiveness of our area that attracts visitors and adds to the life s'D'le of t.hose of us that live here. Over 600 ckizen volunteers pa.,-ticipated in the management o£ the festival. 14. \Ye have been able to generate funding as weU as needed in-k/nd services in support oft,he Sports Fes;iv~. In 1998 over $13,000.00 of support was generated and $70.000.00 L'n kn-kknd services including locM advemisin=, ser,-ices and products NOV 1 7 1998 We are involved in negotlations with The Sports Authorky as to them becoming the major sponsor of Sports Fest '99. We are alrea.dy included in their 1999 budget but the mount and scope ofsupport is in the negotiating In Line Skate, USA has requested our consideration to be the United States venue for their plmmed World Professional Tour featurine comt~tidons in 12 nations. Should this become a real/D, some 600 profession,al In Lin~' Marathon Skaters will be added to the festival. NOV 1 7 1998 EXECUTIVE SUMMARY DISCUSS ORDINANCE NO. 96-78, THE COLLIER COUNTY CODE ENFORCEMENT BOARD ORDINANCE, TO CONSIDER THE SUNSETING OF A CODE ENFORCEMENT BOARD. OB.IECTIVE: Obtain authorization from the Board of County Commissioners to allow the County Attorney's office to prepare an amcndcment to ordinance No. 96-78, the Collier County Code Enforcement Board Ordinance, to sunset one of the two County Code Enforcement Boards. CONSIDERATIONS: On November 5, 1996, the Board of County Commissioners were provided documentation on a backlog of cases to be heard bb' the Code Enforcement Board. This problem resulted mostly from the time required to resolve two very high profile cases being considered by the Code Enforcement Board: Lely Barefoot Beach Guard ttouse and the Seminole Indian Building Permit violations. At the November 5'~' meeting the Commission directed staff to proceed with the establishment of a second Code Enforcement Board and recommendations for Board member assignments. On December 3. 1996. the Board of County Commissioners approved an amendment to Ordinance 92-80. establishing a second Code Enforcement Board. At that time the Commission agreed that the second Code Enforcement Board be evaluated after a twelve month period to determine if it was still needed to achieve timely prosecution of cases. On February 18, 1997, the Board of County Commissioners adopted a resolution appointing Board mem~bers to the second Code Enforcement Board. In February 1998. staff internally discussed tire need for a second Board but did not bring a report to the Board. Based on the number of cases potentially forthcoming, (i.e.: Looneyville) staff administratively determined that the second Board was needed to prevent a further backlog of cases. In response to tile direction given by the Commission on October 6, 1998, staff conductcd another evaluation of the need for a second Code Enforcement Board. Our evaluation concluded that the second Board would only be needed until February 1999 to address several outstanding cases. Beyond February 1999 a second Code Enforcement Board would not be necessary. With that conclusion staff has two options for thc Commission's consideration to sunset of one of the existing Code Enforcement Boards. Option l: Sunset the second Code Enforcement Board established as it was created with the understanding that it would be a temporary Board. Optio~ Il: Sunset both Code Enforcement Boards and create one Board from the lists of membe: serving on the two Boards. A recommendation for the selection of Board member: / based on tenure. '[he first nine Board members with the greatest tenure would makeup of thc new Code Enforcement Board. A list of the current Board members for each Code Enforcement Board is attached to this Executive Summary, in order of years seN'ed as a Board member. Under either scenario the legal counsel representing thc North Code Enforcement Board (Roctzel & Andress) has agreed to discontinue their contract in the event the Board of County Commissioner elects to sunset oncof the Code Boards. FISCAL IMPACT: The sunsetting of one Board would be a reduction to the MSTD General Fund (II1) of approximately $6,000 for the balance of fiscal year 98/99 (or $12,000 annually). This expense reduction would be the cost for legal counsel for the second Code Enforcement Board. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners sunset the second Code Enforcement Board (thc "South" Board) as identified i~ option I of this Executive Summary. PREPARED BY: Date://_ ~"_ · Iaria' Cruz. Cod~nforcement Investigator REVIEWED B¥:~ff" ~__---e~C.~:~-- Date: //' ix,'lichelle,~vards Arnold. Director ff3qde ~jnforcement Depanme, jff APPROVED ~ recent A. C'autero. AICP, Administrator Community Development & Environmental Sen'ices DMsion AGENDA "°' NOV 1 7 1998 Name 1. JamesD. Allen 2. Mireya Louviere 3. Fred Mueller 4. George Ponte 5. Randy E. Merrill 6. Rhona Saunders 7. James Lavinski 8. Diane Taylor 9. Lewis P. Oxley 10. Clifford W. Flegal. Jr. 11. Dyrel Delaney 12. Roberta Dusek 13. Kathryn Godfrey-I~vin 14. Robert Lockhart 15. William Lewis 16. Jack Stifling 17. Peter Lehmann 18. Vacancy EXHIBIT A Board North North North North South South South South South North North North South South South South North North Date Appointed 3/16/93 7/19/94 2/I 8/97 2/I 8/97 2/18/97 2/18/97 2/18/97 2/18/97 2/18/97 6/03/97 2/I 4/98 2/I 4/98 3/03/98 3/03/98 4/07/98 6/28/98 10/06/98 ti of Terms Term Expires 2 2/I 4/99 2 2/14/00 1 2/14/00 I 2/14/00 I 2/I 8/00 I 2/18/00 I 2/18/99 I ' 2/18/99 1 2/18/00 I 2/I 4/00 I 2/! 4/00 I 2/14/00 I ·' 2/i 8/01 i 2/18/01 I 2/18/01 I 2/18/00 I 2/14/00 NOV 1 7 1998 REPORT ON MATCHING PROJECT. EXECUTIVE SUMMARY THE USE OF FUND 195 AS A SOURCE OF LOCAL FUNDS FOR THE LAKE TRAFFORD RESTORATION OBJECTIVE: To advise the Board 'of County Commissioners of the projected fund balance in Fund 195 through FY 2002 with respect to rendering a decision to use available reserves as a source of local matching funds for the Lake Trafford Restoration Project. CONSIDERATION: On November 3, 1998, the Board of County Commissioners requested staff to investigate the availability of $2,000,000.00 in Fund 195 for use in providing iocal matching funds for the Lake Trafford Restoration Project. As such, the staff has reviewed and updated the actual expenditures and revenues during FY 1998 and projected expenditures and revenues for planned and proposed projects through FY 2002. The attached spreadsheet has been prepared to show the TDC Beach & Inlet Management Budget Projections through FY 2002. As a result, the amount of reserves for contingencies from FY 1999 through FY 2002 is projected to range from $2,007,223.00 to $5,250,507.00. The Beach Renourishment/Maintenance Committee reviewed this matter at their meeting on November 5, 1998. A summary of their recommendation pertaining to the use of TDC Category "A" funds for the Lake Trafford Restoration Project is as follows; The current 60/40% split of the two penny tax should remain unchanged with respect to eligible use of these funds. The current third penny be continued for three more years with an allocation for its use to be negotiated. FISCAL IMPACT: Based upon projected expenditures and revenues in Fund 195 through FY 2002, it appears that sufficient funds are available to provide $2,000,000.00 for use as matching funds for the Lake Trafford Restoration Project. GROWTH MANAGEMENT IMPACT: None. Executive Summary Executive Summary Lake Trafford Restoration Project Page Two RECOMMENDATION: That the Board of County Commissioners review for adequacy the amount of reserves for contingencies projected for Fund 195 through FY 2002 and consider the recommendation from the Beach Renourishment/Maintenance Committee in this determination. SUBMITTED BY: Ha~r~'~uber, Project Manager III Public Works Engineering Department ~'J~ff Bibby, P.E., Director Public Works Engineering Department APPROVED B~ Ed llschner, Administrator Public Works Division attachment cc: Beach Renourishment/Maintenance Committee TDC BEACH AND INLET MANAGEMENT BUDGET PROJECTIONS EXPENSES Inlet Mgmt Stumes W~gCa¢~s Pass C~arn Pass Dcclors/Goraon Pass InO~n Key Pass Ca~r¢ 8~ L~arc= Pass Clam Pass Ca,tV E~ Marc= Su~ic:a; m~et Drec;,c~ Suhlotal inlets Beach Eng~neer,r,~. Sublotal Beach Renourish. Loan Paymen:s Sublo~al Fees and Payments [Total Expenses REVENUE TDC Revenue TDC Escrow Funds FEMA Reimbursemenl JTotal Revenue Rev. · Exp. Reserves for Contingencies HISTORIC ............... PROJECTED ORIGIhl THROtJGk SEPTEMBER · 97 S677,273 S191,856 $184.20.0 $.3 Upea~ed ~ 1/I0~8 98001 ph ~023 FY 1998 FY 1999 FY 2000 FY 2001 FY 2002 S17,700 S34,100 SO $0 SO S34.COS S17.600 $0 SO SO 885.715 $0 $0 SO $0 SO SO $0 $0 SO S262.160 $133.190 $1,448,679 S107,600 S127,500 $140.200 S73.100 S73.100 SO S15,000 $0 SO S0 S245020 $194.200 S140.200 S73.100 S73.100 $565.955 S855.177 S50.000 S650,000 SO S310,000 5275.588 S95.0C0 St40.O00 SO SO S150,000 S526.657 SO $0 $460,800 S0 SO SO 53 $37.375 S973.291 St471.293 S72.250 $0 SO 50 50 SO S0 S~ SO SO SO S0 SO SO SO $0 SO S0 S0 S;.3~9,18~ S~[0,177 S227,375 S2,064.09I S1.471.293 S532,250 $2.422,88; S314.551 510.827.822 $q.214.048 $0 S~4.759.081 5616.700 S.3~0.000 S374.500 S334.20~ 8344.200 S142.tC~ S131.700 S136,200 S141.10~ S148.0001 S~8.100 SO $935.000 SO SO S~C.EO0 SO $0 SC 50 S,.?, S539.5¢0 $908.500 51.111.500 $299.500 .................................... 51,787,70~ 81,011.200 $2.354.300 S1.586.80~ ~789,700 S306052 S:2:.~CO 5126.EC0 SIC,6.tO0 SI~9 800 $113.600 $J~5,~6 S126 zCO 5131,530 S135.400 $139 ~00 S143.700 $56.911 SI.7~O SiS.GOO SiS,CO0 $15.000 S15.000 S219,570[ 560 550 S144.000 S80.000 $82.800 S85.700 $155.8~9~ 540.350 Sl16.000 $65.000 S67.300 $69.700 SO S,O ,00.000 So SO SO 5t.073.936 5360.850 S933.300 8401.500 .~14.~00 $427.700 S375.992 Sl.466,436 $165.844 50 50 SO $2,028.2721 520.679.148 $16.011.210 $3.729.045 $5.270.000 51.507.321 S26 517,577 S5,838,429 $S.838.429 Sl14.700 S124.600 S64.500 S68.700 $69.100 $!.3!0.CC; S1.310000 51.340.000 $0 SO S1~6.000 S186.000 ~6.500 50 SO 52.056.900 $0 $0 SO SO 5150000 $150,000 5150.000 SO S0 SO S2,000.000 50 S0 S0 $3.767,600 S3.770,600 81,601,000 $66,700 S69,100 $7111.3~7 S6,136.675 $6.581.091 S3.612.293 S1.e91.850 $5.730.000 S5.930.500 $3,222.000 S3,334,700 $3,451,500 SO $0 50 SO $0 S0 S0 SO $0 SO 5343,800 S355.800 $193.300 $200,100 S20~.~' So S300.000 $0 So ~ SO #....... (SI,030,547) $440,625 ($3.165,791) (S77.493) S1.7~6.750 S4.m00,882 S5,250.s07 $2.084.716 S2,007.223 S3.'t'73.373 I '~a'.a'gSC,01'~,$ t la wk3 TOTALS S729.073 S243,461 S~9,915 S783.660 S148.190 S2.174.299 S2.431.132 $661.568 $987.457 S2.554.209 SO SO S6,634.366 S8.808,665 S4,432.260 St,011,751 S12,890,922 $1,204,848 S2,859,000 S2~,288.781 S894,152 S1.012,084 St18,661 S672.620 S514,169 $400.000 $3.611686 S815,592 S5.446,436 $584.344 S2,006.900 $450.0O0 S2.000.000 $11,303.272 ;46.012.404 S37,679,9 ! 0 S3,729,046 $5,270,000 I ;,,.,j;7,: B_< ,,), 1,3 0 Y ! 7 : EXECUTIVE SUMMARY APPROVE THE LIVINGSTON ROAD UTILITY FACILITIES REIMBURSEMENT AND CONTRIBUTION AGREEMENT OBJECTIXT.: Obtain Board of County Commissioners approval of the Livingston Road Utility Facilities Reimbursement and Contribution Agreement with Long Bay Partners. CONSIDERATIONS: On Februar3,, 17, 1998 the Board approved a Developer Contribution Agreement between the County and Long Bay Partners for advancing the construction of Livingston Road between Immokalee Road and the Collier/Lee County line. On September 8. 1998 the BCC authorized staff to develop and return to the Board with a Developer Contribulion Agreement providing for Li,dngston Road '.`. ater and sewer facilities ("Utility Project") cost sharing between Lon,, Bay Panners LLC., (LBP). and the County. Since that time staff has met with LBP and its representanves and has worked to draft an azreement that is in the public's best interest, addresses issues that arose with the Roadv.,av Contribution~A~reement and, at the same time, meets the needs of LBP. The proposed agreement (attachment 1) meets ~'hese objectives. LBP desires to construct the Roadway and Utility Project concurrently to maximize overall efficiency. The L'tilit,.' Project is composed of an up-sizeJ north/south aligned water main and wastewater ~orce main `.`.'h;ch are larger in size than the facilities needed to accommodate LBP's Project. The Utility Project a:so consists of east/west aligned `.`.'ater mains and wastewater force mains being constructed solely for the benefit of the County. The Utility Project to be constrdcted bv LBP is described in Exhibit "B" to the attached agreement. The costs sharing arrangement provides for LBP and the Count,,,' to share north/south aligned Utility Project costs on a 50/50 basis. The Count,,,' is responsible for up-sizing costs of north/south aligned facilities. The Count,.' is responsible for all east/,.vest aligned facility costs. The total estimated Utility Project cost is 51.681.,'750. LBP ,.*,'ill initially fund S470.598 and be reimbursed for its contributio~ through CCWSD water and sewer system impact fee credits. The allocation of project costs is described in Exhibit "C" of the attached agreement. The duration of credit availability is seven (7) years with the assi=~ment of credits limited to the "Utility Service Area" described in Exhibit "D" to the attached agreemen:. The Count,.' '.'.'ill fund S1.2I 1,152 from available impact fee funds. The proposed Utility Project is consistent with the Water and \Vastewater Master Plans as amended. Staff has reviewed the CCWSD Capital Improvement Program (Cfi') in light of advancing the Utility Project and has concluded that the Cfi' will not be adversely impacted. The County Attorney's Office has reviewed the proposed agreement. )998 FISCAl. IMI'ACT: The County's share o£ the Utility Project is not full), funded in the current bud~zet. The estimated total cost for the Utility Project is $1,681,750. The County ,,,,'ill be required to reimburse LBP 51.211,152 upon acceptance of the project. LBP will fund 5470,598 of the project and be granted water and wastewater impact fee credits in the same amount. The County's share of the water utility project i's $735,100. There is presently $400,000 budgeted for the Livingston Road Water Main project. The funds however ,.,,'ere incorrectly budgeted in the General Water Capital Fund (412) instead of the Water Impact Fee Fund (411). A budget amendment moving this project from thc General Water Capital Fund (412) into Water Impact Fee Fund (411) is required. In the \Vatcr Impact Fcc Fund the budget amendment `.rill decrease fund (41 l) capital rcscrves and create the Livingston Road WM prqect in the amount of $735,100. The funds presently budgeted for this project in water capital fund 412 will be returned to reserves. Water Impact Fee Fund (411-919010- 999300) reserves have a current budget of $5,458,000. The project will be budgeted in Fund (411- 273511-70049) Livingston Road North Extension WM. The ,County's share of the wastewater utility project is $476.000. There is presently $400,000 budgeted in ~3, astev,'ater Impact Fee Fund (413-263(;11-73002) for the Livingston Road Force Main project. A budget amendment decreasing Fund (413) capital reserves and increasing the Livingston Road FM project, in the amount of 576.000. is required. \Vastewater Impact F:ee Fund (413-919010-993000) reserves have a current budget of 57.667.700. GROWTH MANAGEMENT IMPACT: The extension of Livingston Road discussed herein will be under construction by December 2000. Construction of water and sewer facilities concurrent with roadway construction pro'.ides for sound and cost effective infrastructure development. Extension of central water and sewer service along the Li,,ingston Road corridor has long been contemplated and is consistent with the County's regional utility concept, the Growth Management plan and the Water and Wastewater M:~sler Plans. SUBMITTED BY: RECOM.'NIENI):\I'ION: Staff recommends that the Board of Count,,, Commissioners, the Governing Board of Collier Count.,,'. and, as Ex-Officio, the Governing Board of ~he Collier County Water-Sewer District: ~ 1. Approve the Utility Facilities Reimbursement and Contribution A2reement with LBP. 2. ,Authorize the Chairman to sign the agreement on behalf of the Board. 3. Authorize staff to record the agreement in the Public Records of Collier County. 4. ,Authorize budget amendments as described herein. Edward N. Finn. Operations Director Date APPROVED BY: Ed llschner, Public Works Administrator attachment: Livingston Road Utility FaciliNes Reimbursement and Contribution Agreement Date Attachment I LIVINGSTON ROAD UTILITY FACILITIES REIMBURSEMENT A.ND CONIRIBUTION AGR.EEMENT . THiS CONTRIBUTIO:,; AGREEMENT is made and entered into this __ da5' of ,1998, by ar.d between Long Bay Partners LLC., a Florida limited liabili~.,' con-,pany (her-.inafter referred to as "LBP") and THE BOARD OF COU'NTY COMMISSIO.',,"ERS OF COLLIER COUNTY, FLORIDA, AS THE GOVEILN'TNG BODY OF COLLIER COU,'NTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COL."NTY WATER-SEWER DISTRICT (hereinafter referred to as "County"). L~3P is used as singular or plural, as the context requires. RECITALS: V'.'HEKEAS. LBP is desirous of entering into a contribution a~eement with the Cour,:y x~ ;",ich ~'rants a credit for water and wastev.'ater impact fees, sometimes referred to as s','s:em '~ ',-' .... _ ~ ~n,. construct/on or installation of certain c:~ .,op.nm.,., char~es, in exchar..te for"" regional water and v,'astewarer utility facilities made to the County's regional system; and \\ .'HE.fLEAS, LBP either has legal control over or is the legal ov,-ner of certain l-ands described in Exh/bit "A" (hereinafter sometimes referred to as Property or Water and Waste:varec System Impact Development Lands") attached hereto and incorporated herein by reference, v.'hich upon development in the nero' future ',,.'ill be subject to the i.nmpositior, of water and wastewater system impact fees; and WHEREAS, alt'parties acknowledge that the value of donated land, if any, shall NOV 171998 appraiser acceptable to the Count,,, based upon comparable sales of similar property bem'een un.related parties in a bargaining transaction; and ~3,3-IEREAS, all parties ac'knowledge that the valuation of eligible anticipated construction to the County's regional water and wastewater system shall initially be based upon professional opinions of total project probable costs certified by a professional architect or engineer; and \V'HER. EAS, all parties acknowledge that in the case of contributions of construction or installation of improvements, the value of the LBP's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cos~ of construction or installation of improvements contributed bv LBP; and WHEREAS. the Count,,, Public Works Division has recommended to the Board of Commissioners that it ,.:'ill be advantageous to the public for LBP to install certain water and wastewater utility facilities described in composite Exhibit "B" which are hereinafter referred to as the "Utilitv Project", and are composed of, among other things, up-sized water and wastewater utility facilities which are larger in size and will carry capacity in excess of the size and capacity detem'fined by LBP to be needed solely to accommodate LBP's Project; and X~q'-iEREAS, the Count,,' is amenable to reimbursing LBP's increased materials costs and increased installation costs incurred and paid by' LBP which said costs would not have been incurred or paid but for the up-sizing of the subject water and wastewater transmission facilities; and WHEREAS, all parties acknowledge that no credit whatsoever for land, easements, construction or infrastructure othem.'ise required to be built or tr~'--sferra~:~,, ,,t- -2- ! NOV I 7 1998 the Count,.' by lax,.', ordinance or any other rule or regulation shall be considered or included in the value of any LBP's contribution; and WHEREAS, all parties acknowledge that all construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conforrnim' with, the uti!ltv construction standards and procedures of the County and shall be first approved by' the Collier County Public Works Administrator prior to commencement of construction; and \'v'HEREAS, the party referred to herein as "LBP" ac'knowledges and agrees that the "LBP" shall have full power and authority to cause the construction or installation of the subject contr'ibution and thereafter execute any and all documentation on behalfofthe LBP necessa.ry to convey the contribution to the County in conformance with the County's utilities standards and procedures ordinances and regulations; and WHEREAS, LBP has submitted to the Collier Count>' Public Works Administrator an acceptable proposed plan and estimate of costs for the subject contributions (hcreina~er "Proposed Plan") which includes but is not limited to: a. A designation and description of the Water and Wastewater System Impact Development Lands for which the Proposed Plan is being submitted; b. If applicable, a legal description ofany land proposed to be donated together with an acceptable written appraisal; c. Acceptable initial professional opinions of probable construction cost for the proposed construction prepared by a professional architect or engineer; d. An acceptable proposed time schedule for the completion of the proposed e. A twenty-five hundred dollar (52500.00) processing review and audit fee payable to the County; and ~,'~5IEP,.EAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this ContribuTion Agreement upon finding that: a. The subject Proposed Plan is in conf'ormity with the contemplated improvements and additions to the County's regional water and v.'astewater system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash fio,.v or liquidity of the County's water and wast:water system 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 regional water and wastewater utility system; c. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, will not create a detrimental imbalance be~veen the treatment and transmission capabilities of the County's regional water and wastewater system; d. The Proposed Plan is consistent with the public interest; and e. 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 regional water and wastewater system; and ~,\5t'EREAS, the Board of'County Commissioners finds that the contributions contemplated by this Comribution Agreement are consistent with the County's existing comprehensive plan; and -4- NOV 1 7 1998 WHEREAS, LBP agrees and acknowledges that it shall not proceed to install or construct an>' portion of the subject contribution, nor shall this Contribution Agreement be effective unless LBP's counsel shall satisfactorily advise the County Attorney in writing prior to time of recordation of this Contribution Agreement as required herein, that the LBP has all funds necessary to complete the contribution available and under its control; and WHEREAS, the contributions contemplated under this Contribution Agreement shall be construed and characterized as work done and property rights acquired by a utility or other persons engaged in the collection or distribution of water and wastewater for the purpose of constructing or installing on established rights-of-way, mains, pipes, cables, utility infrastructure or the like; and WHEREAS, this Contribution Agreement shall not be construed or characterized as a development a~eement under the Florida Local Government Development Agreement Act. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars (S10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. The above recitals are true and correct and shall be incorporated herein. 2. In exchange for the contributions identified and contemplated in this Contribution Agreement, LBP shall be entitled to a credit for water and v,'astewater system impact fees as more particularly described herein. -5- NOV I 7 1998 3. The amount of LBP contribution credit to be applied shall be determined according to the following standards ofvaluation: a. The value of any donated land shall be based upon a current appraisal of fair market value by a qualified and professional appraiser acceptable to the Count:,' based upon comparable sales of similar property between unrelated parties in a bargaining transaction. LBP acknowledges and a~ees there are no donations of land included in the subject contribution. b. The value of eligible and anticipated construction to the County's regional water and v,'astewater system shall be based upon professional opinions o£totat project probable cost certified bv a professional architect or engineer. c. In the case of contributions of construction or installation of improvements, the value of LBP's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost ofconstruction or installation of improvements experienced bf' LBP, exclusive ofdesi~ costs. However, in no event shall any upward adjustment exceed tv.'en~, percent (20%) of the initial estimate of costs for contributions. The initial estimate of costs for contribution under this Contribution Agreement is detailed at Exhibit C. Until the contribution credit is finally adjusted upon completion of construction, no more than seventy-five percent (75%) of the initial estimate of costs for contributions contained herein shall actually be applied or used in a calculation of available credit against water and wastewater system impact fees. d. Upon acceptance and recording of all appropriate conveyance documents to the Count.,,' which relate to the Utiliw Project in a manner -6- NOV 1 7 1998 conforrns with the standards and procedures employed by the County for the acceptance of'regional wastewater and water utility infrastructure, and after receipt by the Public Works Division Administrator ora satisfactory written verification of unconditional payment in full for the materials, installation and all other costs of the Utility Project, the County a~ees to reimburse LBP for certain material and installation costs of the Utility Project in the sum total of $1,211,152.00. which is reflected on the schedule of'reimbursement attached as Exhibit "C". Other than the adjustment provided for in Subparagraph 3(c) above, the County's payment obligation under this Contribution Agreement shall not exceed the total an',ount to be paid to LBP shown on Exhibit "C". Further, no reimbursen-'~ent shall be made for any installation cost or material cost ora pipe size that is othe~vise required of LBP as part ora planned unit development ordinance, site development plan or any other ordinance, or regulation, condition or pe~wnit. If there should be a reduction in the cost to LBP for reimbulsable materials or installation costs, from the estimated costs specified in composite Exhibit "C", such cost reduction to LBP shall also reduce the County's reimbursement obligation, pro rata, e.g., if the reimbursable cost to LBP should be reduced bY five percent (5%), the County's obligation hereunder shall be reduced by the fi,;e percent (5%). e. No credit v,'hatsoever for lands, easements, construction or infrastructure othe~vise required to be built or transferred to the County by lax,,', ordinance or mn3' other rule or regulation shall be considered or included in the value of any I..BP's contribution. NOV 1 7 1998 °7- f. A narrative description ofthe contribution which is the subject of this Contribution Agreement together with i:,itial professional opinions of probable construction costs for the proposed construction and a time schedule for completion of the Proposed Plan, if applicable, prepared by a professional architect or engineer, are attached hereto as composite Exhibit "B", the Proposed Plan, which is incorporated herein by reference. 4. Upon execution of this Contribution Agreement, additional work requested by the County beyond that contemplated in the description of and estimate of costs for contributions under this Contribution Agreement shall be paid for by the County and shall not be considered or included in the value of any LBP's contribution. 5. The Count,.' shall apply the credit for impact fees identified herein toward (i) the water and wastewater impact fees which I.BP is required to pay for each building pe,,"mit which is applied for on the Property or (ii) an.,,' assigrm~ent of water or wastewater impact fee credits to other property ov,'ners, within the area described in Exhibit D thereby reducing the balance the v,'ater and./or wastewater impact fee credit by the same amount. It shall be LBP's obligation to noti~' the Count.,,' that a credit is available each time a building permit is applied for. Ifcredit is available under more than one contribution a~eement, the credit shall be deducted from the available balance of the first agreement entered into. 6. The impact fee credit available under this Contribution A~eement may be used to evidence payrnent of estimated water and wastewater impact fees necessary to obtain a Certificate of Public Facility Adequacy for the parcel, or each of the respective parcels, benefiting from this Contribution A~eement, provided such userp~ ill ,,,~i~o~ -s. ! NOV 171998 / ,G. /0 an undue or unreasonable burden upon the administrative, accounting or audit resources of the County. For the purposes of this paragraph a Certificate of Public Facility Adequacy' shall be defined as such by Collier County Ordinance No. 90-24 or its .' successor in function, so long as thc provisions and requirements therein are not otherwise inconsistent with the terms of this Contribution Agreement. If an impact fee credit available under this Contribution Agreement is used to secure a Certificate of Public Facility Adequacy, then uponthe impact fee credit either expiring, becoming subject to demand for reimbursement or refund, or otherwise becoming no longer available, the County shall notify the developer benefiting from the impact fee credit under this Contribution Agreement of such expip,.', reimbursement, refund or other circumstance in writing. Said written notice shaI] identi~' the shortfall amount and make a demand that LBP immediately remit to the Count.,.' and replace any shortfall of funds needed to continue to secure the Certificate of Public Facility Adequacy within sixty (60) day's of the mailing of said notice by U.S. Mail return receipt requested. Failure to replenish said shortfall within sixty (60) days of mailing as required herein shall subject the subject Certificate of Public Facility Adequacy to expire in the same manner as ifa cancellation and refund of the Certificate of Public Facility Adequacy had been requested by LBP. 7. .An armual review and audit ofperforrnance under this Contribution A~eement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Contribution Agreement and to report the credit applied toward payment of water and wastewater system impact fees and the balance of available unused credit. If the Collier Count>' Board ~0.~ -9- NOV 1 7 lS88 __ PS'. // Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Contribution ^greemem, the Contribution A~eement may be revoked or modified by the Count>'. 8. The duration or availability of credits pursuant to this Contribution A~eement, shall not be for a period in excess of five (5) years from the date of substantial completion of the approved plan of construction or from the date of donation of land, but in no event shall the availability of'credits under this Contribution A~eement exceed seven (7) >'ears, exclusive of any moratoria, from the date of recording this Contribution Agreement in the Official Records of Collier Count>', Florida. For the purposes of this Paragraph only, the date of substantial completion shall be the date of final acceptance by the Count.',,' pursuant to Collier Count,.' Ordinance No. 97-17, as amended, or its successor in function. 9. In the event the amount of LBP contribution, pursuant to the approved plan ofconst,'-uction, exceeds the total amount of impact fees imposed or used on the subject Water and \Vastev.'ater System Impact Development Lands, LBP shall be entitled to the return ofone-hal£ (½) the excess or remaining balance of such contribution credit, provided funds are available and collected from future receipts by the County from water and v.'aste;vater system impact fees collected during the fiscal year immediately following the fifth anniversaO, of the date of substantial completion of the plan of construction or the date of donation, or the seventh anniversap:', exclusive of any moratoria, from the date of recording this Contribution Agreement in the Official Records, v,'hichever shall first occur. Should the source of funds for reimbursement as described in this paragraph not be available within the time frames described herein, the remaining balance oFi~y h~lu / fee credits shall be forfeited. For the purposes of this Paragraph only, the date of substantial completion shall be the date of final acceptance by the County pursuant to Collier County Ordinance No. 97-17, as amended, or its successor in function. 10. LBP shall keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of any improvements to be contributed. This information shall be available to the County, ox its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from thc termination of this Contribution Agreement. 11. The failure ofthis Contribution Agreement to address any permit, condition, tot-m,, or restriction shall not relieve either LBP or its successors, of the necessity of complying v,'ith an.,,' law, ordinance, rule or regulation governing said permitting, requirements, conditions, terms of restrictions. This Contribution Agreement shall be modified or revoked as is necessary to comply with alt relevant State or Federal laws, if State or Federal laws are enacted after the execution of this Contribution Agreement which are applicable to and preclude the parties compliance with the terms of the Contribution Agreement. 12. Except as other provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 13. The burdens of this Contribution Agreement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the part/es to this Contribution Agreement. -11- NOV 1 7 1 S8 ,G.. 14. The performance and execution of this Contribution Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "E" attached hereto and incorporated herein by reference. 15. This Contribution A~eement shall be recorded in the Official Records of Collier County, Florida, within fourteen (14) days after the County. by its duly authorized Chairman, executes this Contribution Agreement. 16. ,amy party to this Contribution Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier Count)' to enforce the terms of this Contribution Agreement, said remedy being cumulative within any and all other remedies available to the panics for enforcement of this Contribution Agreement. 17. The Count',' shall apply all v,'ater and v.'astewater impact fees collected by the Count,.' for properties located within the area described in Exhibit "D" to the v.'ater and v,'astev.'ater impact fee credits issued to LBP pursuant to this Contribution Agreement. Upon application bv LBP, the Count)' may forward to LBP on a semi-annual basis, said water and wastewater impact fee pa)Tnents received by the County,. 18. The County shall monitor impact fee collection v,'ithin the Property to ensure that only impact fee credits granted to LBP pursuant to this Contribution A~eement as used as impact fee payments for all v,'ater and wastewater impact fee construction with the Property until all water and wastewater impact fee credits granted to LBP pursuant to this Contribution Agreement are utilized by LBP or assigned in accordance with the terms of this Contribution A~eement. NOV I 7 -12- ,c...,, l/.~, 19. The County shal} provide LBP v, ith a ceaified copy ofthis Contribution Ageement, including all exhibits attached hereto, such that LBP's certified copy of Exhibit "E" 0,Vater and Wastev,'ater Impact Fee Credits Ledger) shall se,we as the ledger sheet to documents LB?'s balance of water and wastewater impact fee credits. 20. LBP may assi~ any water and waste,.vater impact fee credits due to LBP pursuant to this Contribution AgTeement to other properties within ',.he area described in E:,:hibit D whether or not owned by LBP. IN WITNESS WHEREOF, the parties have executed this Contribution Agreement as of the date and year first above written. Attest: Dated: DW'iGHT E. BROCK, Clerk BOARD OF COU.'NTY cOMMISSIONTRS FOR COLLIER COL~'TY, FLORDA, A POLITICAL SUBDtX"ISION OF THE STATE OF FLORIDA (Deputy Clerk) WITNESSES: Pr' , me: II ¥ I BARB.-Uv,_--N B. BERRY, Chairman LON'G BAh' PARTNERS LLC, a Florida limited liabititN' company By: BONITA BAY PROPERTIES, INC. A Florida Corporation, its Ma. naging Member Title: -13- / STATE OF FLORIDA COUNTY OF ~ S\VORN ~ND SU'BSCRIBED to before me this ff_.,,~, day of 1998, by ~v'r'd /-'/. ~cct/~arn ,ofBonitaBayProperties, Inc.,aFIorida corporation, Managing Member of Long Bay Partners LLC, a Florida limited liability company, on behalf of the corporation and limited liability company. He is personally known to me, or [ ] has produced a driver's license no. as identification. No t aiD'Printed PubliCName M I CHAEL(/~( jONEs Commission No. ~'~.¥ ¢5 D..~DC-4 My commission expires ¢f-I 7' O~- Approved as to form and legal sufficiency: Assistant County Attorney I -14- AGENDA ITEM No.~ NOV 17 1998 Pg.., /~ / Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F EXHIBIT LIST Description of Lands Project Description (Utility Facilities) Reimbursement Schedule Region Served by the Utility Project Risk Management Guidelines Impact Fee Credits Ledger -15- PG'... ,/~ - · EXHIBIT "A" ~J e 'l EXHIBIT "B" ,® i r'-' f~66L/- ~ AON EXHIBIT EXHIBIT "E" RISK MANAGEMENT GUIDELINES Insurance Provisions: Developer shall require all contractors performing work pertaining to this Agreement to procure and maintain the following insurance policies. Prior to the commencement of work, Developer shall provide to the County certificates of insurance indicating these coverages. Comprehensive General Liabilitw: Contractor shall maintain minimum limits of $1,000,000 per occurrence combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include premises and,'or Operations, Independent Contractors and Sub-contractors, Completed Operations, Broad Form Property Damac, e, XCU Coverage and Contractual Liability endorsement. - Worker's Compensation: Coverage shall apply for statutory limits in compliance v.,ith applicable state and federal laws. The policy must include Emplover's Liability with a limit of SI,000,000 each accident. ' Business Automobile: Contractor shall carrw' minimum limits of S1,000,000 per occurTence combined single limit for Bodily injury include owned vehicles, hired and non-owned 'emcles and employee non-ownership. Additional Insured, Miscellaneous: The Collier County Board of County Corm"nissioners are to be added as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current valid insurance policies meetin~o the reouirements herein identified shall be main.:ained during the duration of the u~tity project. Renev.'al certificates shall be sent to the Count' 30 days prior to an.,.' expiration date. There shall be a 30 da',,' notification to the County in the event ora cancella:ion or modification of any stipulated insurance coverage. Developer shall be responsible for assur'/ng that the contractor complies with the above- mentioned requirements. No work shall commence until proper certificate(s) indicating compliance are received bF' the Count'..,,. Indemnification Provisions: Developer, in consideration often Dollars ($I0.00) receipt and sufficiencv of which is accepted through the siam'ting of the Agreement to wh/ch this exhibit is attached, shall hold harmless and defend County and its respective agents and employees from all suits and actions, includin~ attorney l~ees and all costs of litigation and judgments of any name and description aris]'ng out of or incidental to Developer's performance under the .subject Agreement or the relocation of the Utility Facilities thereunder. NO¥ 1719S8 I This provision shall also pertain to any claims brought against the Count>' by any employee of Developer, any Contractor or Subcontractor or anyone directly or indirectly employed by them. Developer's obligation under this provision shall not be limited in any ',,.,ay by the contribution amount or Developer's limit of or lack of sufficient Insurance protection. NOV 1 7 19~8 UTILITY IMPACT FEE CREDIT LEDGER IMPORTANT: This Utility Impact Fee Credit Ledger is intended to document the balance of Utility Impact Fee Credits applying ONLY to the following property: Beginning Balance ............................. S UTILITY IMPACTI IMPACT FEE .COUNTY OFFICIAl,. DEVELOPER REP. DATE PERMIT NO. FEES DUE I CREDIT BALANCE {Sionature) (Signature) NOV I 7 1998 EXECUTIVE SUMMARY ACCEPT CONSULTANT'S MASTER SPACE PLAN FOR THE MAIN GOVERNMENT COMPLEX. OBJECTIVE: To have the Board accept the consultant's report and recommendations for the Main Government Complex, Development Services and limited Satellite Government Facilities. CONSIDERATIONS: Last Fall, the Board instructed staff to secure the services of an architectural firm to construct a Master Space Plan for the Main Government Complex and the Development Services Facility. For the past five months, staff has worked with the consultant in preparing a combined plan that incorporates both the administrative space as identified within the Master Space Plan and the correctional space as addressed within the V Group's "Update of the Integrative Corrections Strategic Development Plan." The consultant's charge was to: (1) Analyze all existing facilities and space to include Constitutional Officers, Judicial, Federal and State offices. (2) Construct a space plan for current needs. (3) Construct a space plan for future years - 5, I0, and 15 years. (4) Determine the best use of vacant space. (5) Review County space standards and make recommendations. (6) Review potential for adding floors to existing structures. (7) Explore the possibilities of utilizing parking decks, their justification and cost. (8) Furnish pertinent information necessary to complete the DRI forms including traffic studies, retention ponds and building placement. The report (Volumes I & 2) have been provided to the Constitutional Officers and all Board members for their review. The following highlights are taken from the report's executive summary: (A) Collier County' has experienced one of the fastest rates of residential growth in the entire country. The population has gone from 86,000 in 1980 to 193,000 in 1996, a 124% increase. By the year 2012, the County's population will increase to over 325,000. (B) From 1986 to 1996, the general County population grew by 58%. During this same period, Circuit Court filings increased by 75%. (C) The County's current space allocation standards for its administrative space are appropriate and cons/dered conserx'ative. The standards (closed and open offices and square feet allocations) ,,,,'ere expanded to include judicial applications. (D) There are significant and immediate space needs in the Judicial , Constitutional Officer and General Government categories (E) The Judicial system and SherifFs Department components have the most compelling and immediate space needs. There is substantial reason to maintain the cohesiveness and adjacency of Executive Summary Master Space Plan Page Two Judicial system components. Branch facilities (other than Immokalec) are not required until sometime after 2012. (F) The "one main campus" concept is working well. Future satellite development should be limited to high volume, high public convenience services similar to those provided by the Tax Collector. (G) There is no compelling reason to return the permitting agencies (Development Services) back to the Main Government Complex. The "one stop shopping" concept is working well at the present location. (H) A good food service is needed and should be located in the proposed Administration Building. The Master Plan consists of three phases. The phases and their components are as follows: Phase One: (Completed by 2002) $89,638,309 Replace the Immokalee Jail Add 240 beds to the Naples Jail Facility Renovate the old Naples Jail Facility Construct a Sheriff's Operations Bldg. Addition Construct a Sheriff's Administration Addition Renovate Old Administration Area Demolish Old Courthouse Complete 4~' Floor of Courthouse Renovate multiple floors of Courthouse Build Courthouse Annex Building Renovate State Attorney's Area (6~' Floor) Develop Complex Boulevard Pedestrian Walkway Parking Deck (5 stories, 840 spaces) Chiller Plant (2 - 750 Ton Chillers) Pavilion and Sitework Development Services Addition Golden Gate Service Center North Naples Service Center Phase Two (Completed by 2007): $36,866,726 Courthouse Renovation, 5th Floor BCC Administration Tower Pedestrian Plaza Parking Deck (1130 Spaces) Demolish Old Snack Bar Demolish Old Elections Building Miscellaneous Sitework Phase Three (Completed by 2012) $38,550,127 Courthouse Renovation 6* Floor for Courts Judges Parking Lot Expansion (58 Spaces) Health and Public Services Bldg. Add Floors Admin. Building Renovation & Addition OCPM Building Demolish Tax Collector & Property App. Bldg. Demolish Parking Deck (5 Stories, 4756 S~ace~ , Sitework I NOV I 7 Executive Summary Master Space Plan Page Th ree Phase Four (Completed by 2017) 5;48,510,676 General Admin. Bldg. (S) General Admin. Bldg. (R) The Master Plan will provide the Board with a "baseline" or reference for land and building use at the government complex for the next twenty years. The consultants conclusion is that the Board has acquired sufficient land, that if properly utilized, will provide the necessary space to accommodate their requirements beyond the year 2017. The Plan is subject to restrictions as directed by the Development of Regional Impact (DR/), currently being developed. Staffmay be required to assist in the mitigation of these items. The Plan has been reviewed by tim Board's Productivity Committee and representatives of all the Constitutional Officers. FISCAL IMPACT: Thc fiscal impact for this project is being constructed by the Board's financial consultant. Staff anticipates reappearing before the Board within sixty days with funding alternatives. GROWTH MANAGEMENT IMPACT: The Growth Management impact will be determined during the funding phase and as each project is approved. RECOMMENDATION: That the Board of County Commissioners accept the Master Space Plan and direct staffto further pursue funding options. Prepared By: ".~->' ~ ~.~':c~--;//r'.-', Date: Skip Camp, CFM, Director The Department of Facilities Management Approved By: --~ ..... ' c -'?...,-' ~'-' t Leo E. Ochs, Jr., Admin~stra(or Support Services Division Date: NOV 17 1998 EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION TO REVISE THE POI, ICY AND PROCEDURES FOR VACATION AND ANNULMENT OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND, ROAD RIGHT-OF-WAY, ALLEYWAYS, AND PUBLIC DEDICATION EASEMENTS CONVEYED TO TIlE COUNTY OR PUBLIC BY GRANT OF EASEMEN'T OR SIMILAR INSTRUMENT RECORDED IN THE PUBLIC RECORDS. ~ To obtain approval from the Board of County Commissioners to approve a resolution for the revision of'policy and procedures for vacation and annulment of plats or portions of plats or subdivided land, road right-of-way, alle.vways, and public dedication easements conveyed to the Count>' or public by grant of easement or similar instrument recorded in the public records. CONSIDERATIO3': Under the authority of Sections 125.01, 125.37, 177.101,336.09, and 336.10, Florida Statutes. and Collier County Ordinance No. 97-17 and the Collier County Land Development Code, the Board of County Commissioners is charged with the authority to grant or deny vacations and annulments of plats of subdivided land. road right-of-way, alleyways and public dedicated easement conveyed by separate instrument recorded in the public records. On October 1, 1998, the administrative responsibility for this procedure ,,,.'as transferred from the Collier County Transportation Department to the Community Development and Environmental Sen'ices Division, Planning Services Department. FISCALISIPACT: None. GROWTtt MANAGEMENT IMPACT: None. RECOMMENDATION' That the Board of County Commissioners approve the attached resolution to revise the policy anti procedures. SUBMITTED B Y./.i.~~__d/~ f Rick QS-igg,. ie,3, n~\Sur'vey°r, Planning Se~'ices ~VIEWED BY: R~ Nino. Cu~ent Planning Manager ~VIEWED BY: ,~/~~ ~ob~ L~ulhere, ~ir~r, Planning Se~,'iccs Vincent Cautero. AtCP, Administrator Community Development & Environmental Sewices Div. Date: ll -,:l_ - c~/~.' Date: Date: N~. ~ NOV i 7 1998 / 2 3 9 10 RESOLLq'ION 98. KEViSION OF POLICY AND PROCEDL;q:LES FOR VACATION AND ANNTrLMENT OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND, ROAD RIGHT-OF.WAY, ALLEY'WAYS, AND PUBLIC DEDICATION EASEMENTS CONVEYED TO THE COUNTY OR PUBLIC BY GitL, kN'T OF EASEMENT OR SIMILAR INSTRUMENT RECORDED IN THE PUBLIC RECORDS. 17 18 20 21 :2 23 24 25 26 WltEREAS. the Board of County Commissioners of Collier County. Florida, under the authority of Sections 125.01. 125.37, 177.101,336.09 and 336.10, Florida Stalutes, and Collier County C'~dinance No. 97.17 and the Collier County Land Development code is charged with the authority to gra. nl or deny vacations and annulments of plats of subdivided land, road right-of, way, alleyway,~ and public dedicated easements conveyed by separate instrument recorded in the public records; and WHEREAS. the Board of County Commissioners on January 23, 1996 adopted Resolution No. 96-25 establishing policies and procedures for the above; NOW. THEREFORE BE IT RESOLVED, that the guidelines a.s set forth in Atlachment "A", Attachment "B". and Attachment "C", incorporated v,'ith and made pan of this Resolution be adopted as Policy and Procedures for the vacation of subdivided lands, road right-of, way, alleyways, and public dedicated easemenls conveyed by separate instrument recorded in the public records; and BE IT ALSO RESOLVED, that this Resolution supersedes and rescinds Resolution No. 96-25; and 27 28 BE IT FURTHER RESOLVED, that the Clerk be directed to record this Resolution in the Public Records of Collier Count)'. Florida. 29 DATED: 31 32 33 36 37 39 41 42 43 44 45 47 ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SbTFICIENCY: HEiDI ASHTON ASSISTgdgT COU,'NTY ATTORNEY POLICY & PRCXZEDUKES PLA TS RE~OLbq'ION'm~ ..,.. BOARD OF COUNWY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY. Chairman ON Attachment "A' POLICY AND PROCEDURE THE CLOSING AND VACATION OF ROAD RIGHT-OF-WAY A. AUTIIORITy: Secnons 336.09 and 336.10. Flor/da Statutes. When a request is in the interest of the general public welfare and does not invade or ,,'lolate individual property rights and otherv.'ise qualifies under Section 336.09, Florida Statutes. the Board of Counw Commissioners (BCC) ma>': Vacate. abandon. &scontmue and close any existing public or private street, alleyway, road, highway, or other place used for travel, or an,,,' portion thereof, other than a state or federal highway, and to renounce and discla~m an,,.' right of the CounD' nnd the public in and to any land in connection therewith. Renounce and disclaim an.,,' right of the CounD' and the public in and to any land, or interest therein, acquired by purchase, gift. devise, dedication or prescription for street, alleyv,,ay, road or highway purposes, other than lands acquired for state and federal highways. Renounce and disclaim any right of the Count>.. and the public in and to land, other than land constituting, or acquired for. a state or federal highv,'ay, delineated on any recorded map or plat as a street, alleyv,'ay, road. highway or other place used for vehicular travel. A petition for the vacation of road right-of-way is to be submitted to Planning Services on the form attached. The pention must be accompanied by a filing fee of one thousand dollars ($1,000). 2. The petitioner must also provide: a) b) c) Evidence to show that the pctmoner owns the fee simple title to the whole or that part ofthe parcel sought to be vacated (FEE SIMPLE DEED). If petitioner is not the owner of the fee simple title, petitioner shall r)rov de a statement demonstrating the reason for the request including any property or financial interest or projects affected by a granting of such request. A statement explaining the general public benefit received from the proposed vacation. A cop},,' of the document which wanted, conveyed or dedicated the right-of-way to the Count)' or the public. ' Anachment "A" Page 1 of 4 l OV 1 7 199:8 d) Certificate(s) showing all State and County taxes have been paid for the subject parcel. Required if petitioner Is the owner, or pemioner is the agent of owner, of the fee simple title to the whole or pan of the parcel sought to be vacated. CAvailable from the Collier County Tax Collector's Office. Building C-I, at the Government Center). e) Assessment Map depicting area of proposed vacation. (Available from the Collier County Property Appraiser's Office. Building ,~-2. at the Government Center). List of abutting and other property owners w/thin 250 feet of the proposed vacation to include: (1) Name ~ (2) Address (3) Zip Code (4) Parcel Number g) h) J) (i) (2) (3) (4) (5) (6) (7) (8) (9) (~0) Site Plan - the site plan must be on 8 'fi" X 11" paper and show all data pertinent to the proposed vacation, which shall include at least the following: (I) Date of drawing (2) Scale (3) North arrow (4) Locations and dimensions of property lines, abutting rights-of-way, easements, setbacks, off- street parking, proposed and/or existing structures, and any proposed landszaping. (5) Location of proposed vacation and, if applicable, proposed dedication. Legal description of what is to be vacated submitted on 8 'fi" X 11" paper as Exhibit "A". This legal description is to be accompanied by a sketch of the legal description. Both the legal description and sketch are to be signed and sealed by a Florida Professional Surveyor and Mapper and have a "Prepared by" block listing the name and address of the Florida Professional Surveyor and Mapp~. When applicable, a copy of the recorded subdivision plat. (Available from the Clerk of Court Recording Department on the 4* Floor of Building F at the Government Center). , "Letters of No Objection" from all pertinent utility companies or author/zed users of the easement and/or dedicated public area. Such letters may include but shall not be limited to the following: Collier County Utilities Collier Count>' Engineering Review Services Collier CourtLy Transportation Department Collier Count3' Water Management Electric Company Telephone Company Cable Television Company Collier County. Sheriff's Office Homeowner's Association Rescue and Fire Control D/strict Adjacent property owners The letter sent to the utili~ companies and authorized users requesting a "Letter of No Objection" shall contain the statement "I have no objection to the proposed vacation" at the bottom of the letter with a signature block directly below it. At~ckment "A" Page 2 of 4 NOV 1 7 1998 Ifa replacement easement ~s required bv Collier C'oun~.. the following shall be submitted: (I) Legal description and sketch of what is to be dedicated, signed and sealed by a Florida Professional Surveyor and ?','lapper and have a "Prepared by" block listing tI;e name and address of the Professional Su~'eyor and Mapper. (2) .z. ttomey's title opinion or O'.vnership & Encumbrance Report by a title company (current). (3) Executed conveyance document. - (4) Executed subordination documents. Planning Ser~'~ces ,.'.'itl review the petition for completeness and compliance with this Resolution. Planning Ser,.'~ces ,.','ill prepare an appropriate execunve summary, and resolution and transmit both documents to the Count>. Attorney's Office for approval. If approved as to form and legal sufficiency by the County attorney, the petition will be filed with the Clerk to the Board with a request for a time and date for a public hearing. The petition may be placed on the BCC agenda to establish a time and date for a public heanng by Resolution pursuant to Section 336.09. Florida Statutes. - Once the t:me and date of the public hearing are established, the Clerk to the Board shall publish legal no,ce of the hearing one ,me m a newspaper of general circulation at least two weeks prior to the darel stated thereto for such heanng. The petmoner and all property ov,'ners '.','/thin 250 Feet (and others as ma,,. be required by Planning Se~'ices) of the requested `.'acation parcel shall be given notice by the Clerk to the Board: stating time, place and date of public hearing, by' regular mail. If the number of property owners within ~'o hundred fifty, feet (250') exceeds twenty (20). petitioner shall incur an additional postage and handling charge of fiR' cents/5.50) per additional propeR, owner. In the event ~hat the petitioner for the propeR'q:, in question does not represent himself at the public hearing(s), he must provide a s~g'ned letter or other appropriate documentation which authorizes another specific person to represent him. 7. The Board of CounD. Commissioners shall then hold a public hearing and any approved resolution by such governing body. shall have the effect of vacating all streets and alleys v.'hich have not become highways necessary for use by the traveling punic. 8. Notice of the adoption of such a resolution by the Commissioners shall be published by the Clerk to the Board one ,me. within 30 days following its adoption, in one issue ora newspaper ofgeneral circulation published in the Count).,. The proof of publication of notice of public hearing, a certified copy of the resolution, and the proof of publication of the notice of the adoption of such resolution shall be recorded by the C/erk to the Board in the Public Records of the Count3.'. 9. The processing of this petition shall coincide. '.'.'here applicable, with the processing ofsuch other platting or land use change applications proposed for the same property, with regard to submissions of applications, staffreviev..s, reviews by' advisory bodies, or the Board of Countv Commissioners. so that the decision on such vacation shall occur at th~ same meeting at which time the reuse application is reviewed by' the Board of County C'ommissioners. Attachment "A" Page 3 of 4 NOV 1 7 1998 Date Received: Attachment PETITION FORM FOR VACATION OF ROAD RIGttT-OF-WAY Petition #: Petitioner: Address: City/State: Agent: Address: City/State: Road Name: Telephone: Zip Code: Telephone: Zip Code: Location: Section Township_ _ Range Plat Book Page(s) Legal Description: " " Current Zoning: Reason for Request: Does this affect density? I hereby authorize Agent above to represent me for this petition: []Yes []No ..... Signature of Petitioner Date Print Name (Title) Please see "Policy and Procedure on the Closing and Vacation of Road Right-of-Way" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community. Development & Environmental Services Division Planning Services Department 2800 North ttorseshoe Dr. Naples, Florida 34104 (2) (3) (4) A rtach~mcnt "A" Page a ot'4 If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. List all other owners. NOV I 7 1998 _ p.. 6 A. AUTHORITX: FOR Attachment "B" POLICY AND PROCEDURE THE VACATION AND ANNULMENT OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND Section 177.101 Florida Statutes. and Collier County Ordinance No. 97-17 and the Collier Count). Land Development Code. Requests :nay' be ..re'anted as long as the public benefit is established or no public dcmment :s de:e,,"m:ned and whenever as stated in Section 177.101, Florida Statutes: T'ne governing hod:es of t:~,e coun:~es of the state ma.,.' adopt resolut,ons vacating plats in ',','hole or in Pt'art of subd:vlsmns ~n sa:d count:es, retu,"nmz the property covered bx' such plats either in whole or in part Into acreage. - A petition for the vacauon and armulment ofplats or pomons of plats of subdivided land is to be O submmed to Planning Sen'ices on the form attached. The petition must be accompanied by a filing fee of one thousand dollars (SI.000L 2. The petitioner must also provide: a) Evidence to show that the petitioner owns the fee simple title to the whole or that part of the parcel: sought to be vacated (FEE SIMPLE DEED). : b) Certificate showing all State and Count), taxes have been paid for the subject parcel. (Available from the Collier Count)., Tax Collector's Office, Building C-I. in the Government Center). c) Assessment Map. (Available from the Collier County Property Appraiser's Office, Building C-2, in the Government Center). ' d) List of abutting and other property owners within 250 feet of the proposed vacation to include: (1) Name (2) Address (3) Zip Code (4) Parcel Number Attachment "13" J or4 NOV 1 7 1998 e) g) h) (2) (4) (5) (6) (7) (8) (9) (~o) (~) Site Plan - the s~te plan must be on 8 ½" X I I" paper with an adequate scale showing all dam pertinent to the proposed vacation, which shall include at least the following: (1) Date ofdrawing (2) Scale (3) North an'ow (4) Locations and dimensions of property lines, abutting rights-of-way, easements, setbacks, off- street parking, proposed and'or existing structures, and any proposed landscaping. (5) Location of proposed vacation and, if applicable, proposed dedication. Legal descr/ption of what is to be vacated submitted on 8 ½" X 1 I" paper as Exhibit "A" to the petition. This legal description is to be accompanied by a sketch of the legal description. Both the legal descnption and sketch are to be signed and sealed by a Florida Professional Surveyor and Mapper and have a "Prepared b':"' block listing the name and address of the Florida Professional Sur~'eyor and Mapper. A cop), of the recorded subdivision plat. (Available from the Clerk of Court Recording Department on the 4~' Floor of Building F at the Government Center). "Letters of No Objecnon" from all pertinent utility compames or authorized users of the easement an&'or dedicated public area. Such letters ma.,,' Include but shall not be limited to the following: (I) Collier Counm, Utilities Collier Count3., Engineenng Review Sen'ices Collier rounD. Transportation Department Collier County Water Management Electric Company' Telephone Company, Cable Television Company Collier County Sher/ff's Office Itomeowner's ,Association Rescue and Fire Control D/strict Adjacent properly owners The letter sent to the utili~, companies and authorized users requesting a "Letter of No Objection" shall contain the statement "I have no objection to the proposed vacation" at the bottom of the letter with a signature block directly below it. Ifa replacement easement is required bv Collier Count)', the following shall be submitled: (1) Legal description and sketch of what is to be dedicated signed and sealed bv a Florida Professional Sun'eyor and Mapper and have a "Prepared by" block listing the name and address of the Professional Surveyor and Mapper. (2) Anorney's title opimon or Ownership & encumbrance Report by a title company (current). (3) Executed conveyance document. (4) Executed subordinatmn documents. Planning Services will review the petition for completeness and compliance with this Resolution. Planning Sen, ices ',','ill prepare an appropriate executive summar-,, and resolution and transmit both documents to the County Attorney's Office for approval. After ~pproval, the petition will be filed with the Clerk to the Board w~th a request for a time and date for an agenda item. AGENO&JTEM Attachment "B" Page 2 of 4 NOV 1 7 1998 Once the t~me and date o£the agenda item are established, the Clerk to the Board shall publish legal nouce of the hearing m not less than two v,'cckh/issues ora newspaper of general circulation in the Count':'. ' The petitioner and all propeR, ov.'ncrs within 250 feet (and others as may be required by Planning Services~ of the requested vacation parcel shall be given notice by the Clerk to the Board: stating time, place and date of the agenda item. by regular mail. If the number ofproperty owners within two hundred fifty feet (250') exceeds twenty (20)'. petitioner shall incur an additional postage and handling charge of rift>,, cents (S.50) per additional property ow'ncr. I£the Count,,, receives an objection or anticipates an objection to the vacauon request, then the agenda item shall ~e scheduled under advertised public hearings m the BCC Agenda. In the event that the owner for the prope~, in question does not represent himselfat the BCC meeting, he must provide a signed letter or other appropriate documentation which authorizes another specific person to represent him. 7. The County C'omm~ss~on ma.,,' adopt a resolution vacating plats m ','.'hole or in part ofsubdivisions in the Count.,,.. rcturmng thc property covered by such plats either in whole or part into acreage. 8. A cemficd cop.,.' of any approved resolution shall be recorded in the public records of Collier County. 9. The processing ofth~s pcmion shall coincide, where applicable, with the processing ofsuch other platting or land use change applications proposed for the same property with regard to submissions of applications, staff reviews, reviev..s by advisory bodies, or the Board of County Commissioners, so that the decision on such vacation shall occur at the same meetinz at',vhzch t~me the reuse ' ' · revzewed ay the Board of'County Commissioners. ~ apphcanon Is Anachment "B" Page 3 of 4 Date Received: PETITION FORM OF Attachment "B" FOR VACATION OF PLATS OR PLATS OF SUBDIVIDED LAND Petition #: PORTIONS Petitioner: Address: CiD'/State: Agent: Address: City/State: Address of Subject Property: Location: Section... Township_ Legal Description: Lot Block Reason for Request: Telephone: Zip Code: Telephone: Zip Code: Range Subdivision: Unit Plat Book Page(s), Current Zoning: Does this affect density'? I hereby authorize Agent above to represent me for this petition: [] Yes [] No Signature of Petitioner Date Print Name (Title) : Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: - Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) lfapplicant is a corporation other than a public corporation, indicate the name ofofficers and major stockholders. (3) If applicant is a partnership~ limited partnership or other business entity, indicate the name of principals. - (4)List all other owners. AG£~Q6/TEIv Attachment "B" Page 4 of 4 199'8 Attachment "C" POLICY AND PROCEDURE FOR THE EXTINGUIStIMENT OF PUBLIC EASEMENTS CONVEYED BY SEPARATE INSTRUMENT RECORDED IN THE PUBLIC RECORDS (CONVEYANCES OTtIER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPI.ATTED LAND, EXCEPT FOR PUBLIC ROADS. A. A UTIIORI'I'y: B. /'el. ICY: Sections I25.01 and 125.37, Florida Statutes. Requests will be granted as long as thc public benefit is established or no public detrm':cnt ~s established. The Board of Countv Commissioners may: Extinguish. vacate, abandon, discontinue, and close any easements, or any portion thereof, granted to the Count).. or public bv an.,.' instrument recorded in the puglic records of Collier County and lo renounce and disclaim an,,' r~ght of tiqe Count3.' and the public in and to an',' land in connection therewith; when such interest ~s .granted to the Counrv or public bv an,,' ~nstrument recorded in the public records other than on a subd~vislon plat. ' ' Quitclaim. renounce, and disclaim an), right of the CounD' and the public in and to an3,' land, or interest. thereto, acquired by purchase, gift, devise, dedication or prescription for drainage, utilities, access, maintenance, preservation, or conservation or other public purposes: when such interest is granted Io the Count)' or public by an.,,' instrument recorded in the public records of Collier County other than on a subdivision plat. C. PROCEDURE: A petmon for the extinguishment of Countv dedicated easement on unplatted land or platted land is to be submitted to Planning Sep.'~ces on the form attached. The petition must be accompanied by a filing fee, of one thousand dollars (5;1.000). 2. The petitIoner must also provide: a) Evidence to show that the petitioner o,.vns the fee simple title to the whole or that part of the parcel on which a public dedicated easement is sought to be extlnwmshed ~FEE SIMPLE DEED). b) A cop.,,, of the document whizh granted, conveyed or dedicated the easement interest to the Count,,, or the pub!it. ' . A tlachment "C" Page I of 4 AGEND~/T~ 140V 1 7 1998 ! c) Certificate(s) showing all State and County taxes have been paid for the subject parcel. (Available from the Collier Count), Tax Collector's Office, Building C-I, in the Government Center). d) Assessment Map. (Available from the Collier Count3.' Property. Appraiser's Office, Building C-2, in the Government Center). e) Site Plan - the site plan must be on 8 V/' X 1 I" paper with an adequate scale showing all data pertinent to the proposed extin~ishment, which shall include at least the following: (I) Date of drawing (2) Scale (3) North an'ow (4) Locations and dimensions of property lines, abutting rights-of-way, easements, setbacks, off-~ street parking, proposed anWor ex~sting structures, and any proposed landscaping. (5) Location of proposed extinguishment and. if applicable, proposed dedication. Legal dcscripuon of what is to be extinguished submitted on 8 V/' X 11" paper as Erahibit "A". This legal description is to be accompanied by a sketch of the legal description. Both the legal description and sketch are to be signed and sealed by a Florida Professional Surveyor and Mapper and have a "Prepared by" block listing the name and address of the Florida Professional Surveyor and Mapper. g) "Letters of No Obiection" from all pertinent utility companies or authorized users of the easement and/or dedicated public area. Such letters may include but shall not be limited to the following: (I) Collier Count3,.' Utilities (2) Collier Count)'Engineenng Review Sen'ices (3) Collier Count.'2,' Transportation Department (4) Collier Count3' Water Management (5) Electric Company (6) Telephone Company (7) Cable Television Company (8) Collier Count)., SherifF's Office (9) Homeo'a-ner's Association The letter sent to the utilit)' companies and authorized users requesting a "Lctter of No Objection" shall contain the statement "I ha'~'e no objection to the proposed vacation" at the bottom of the letter with a signature block directly below it. h) To the extent applicable, where the petitioner desires to exchange his/her interest with that interest dedicated to the Count)', the requirements and procedures of §125.37, Florida Statutes, and the Collier County. Utilities Standards and Procedures Ordinance No. 97-17 shall be utilized as practicable and legally' required. The follov,'ing shall be submitted: (1) Legal description and sketch of what is to be dedicated signed and scaled by a Florida Professional Sun'eyor and Mapper and have a "Prepared by" block listing the name and address of the Florida Professional Surveyor and Mapper. (2) Attorney's Title Opinion or Ownership & Encumbrance Report (current). (3) Executed conveyance document. (4) E×ecuted subordination documents. ^OE,9~,~T~q Attachment "C" Page 2 of 4 t,lOV 1 7 1998 Planning Se~'ices will review thc petition for completeness and compliance with this Resolution. Planning Ser¥ices will prepare an appropriale executive summary and quit-claim deed and send both documents to the County Attorney's Office for approval. After approval, the petition will be filed with the Clerk to the Board with a request for a time and date for an agenda item. In the event that the owner of the properly in questmn does not represent himself at the BCC meeting, he must prov:de a s:gned letter or appropriate documentatmn which authorizes another specific person to represent h:m. The processIng of th~s petition shall coincide, where applicable, with the processing of such other platting or land use change applications proposed for the same property with regard to submissions of applications, staff reviews, reviews by advisor?' bodies, or the Board of County Commissioners, so that. the decision on such extinguishment shall occur at the same meeting at which'time the re-use application is rev~c,.ved b,v the t'3oard of County Commlssmners. Anachment "C"' Page 3 of 4 AG £ NO6.,tT.F. M NOV 1 7 1998 TIlE Attachment "C" PETITION FOR.M FOR THE EXTINGUISFLMENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRL~IENT IN PUBLIC RECORDS (OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS Date Received: Petition #: Petitioner (Owner): Address: City/State: Telephone: Zip Code: Agent: Address: City/State: Telephone: Zip Code: Location of Subject ProperD.: Location: Section Township Official Record Book__ Page (s). Legal Description: Range. Current Zoning: Does this affect density? Reason for Request: 'I herebv authoriZe ~ge,,t above to represent me for this petition: []Yes []No Signature of Petitioner Date Print Name (Title) Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) (2) (3) (4) Attachment "C" Page 4 of 4 If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stoc 'kholders. If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. List all other owners, n, /~ (~5/ NOV 1 7 1998 EXECUTIVE SUMMARY recommendation to approve commercial excavation permit no. 59.664, "jackie weeks homesite and commercial excavation" located in section 29. township 47. south, range 28 east: bounded on the norqh, east, south, and west by vacant land zoned estates, and also on the south by 66th ave. n.e. OB.JECTIVE: To issue an excavation permit to Jackie Weeks for thc project known as "Jackie Weeks Commercial Excavation" in accordance with Count.,,' Ordinance No. 92-73, Division 3.5. CONSIDERATIONS: Tile Petitioner proposes to excavate one lake with a surface area of less than 2 acres + to a depth of 16 feet. The resultant 45.500-/- C.Y. of fill will be used on site for house pad construction in Golden Gate Estates with the exception ora small amount to be left onsile ad fill for a proposed }louse. This project ,.','as reviewed and approved by the E.A.B. on 4 NOV 98. FISCAl. 15IPACT: The Community Development Fund, Development Sen'ices (113-138900-329400) has or '.*.'ill receive S1,044.50 in revenues broken out as follows: Application Fee 5 850.00 Permit Fee 194.50 $1044.50 TOTAL FEES A security in the amount of S25,000 must be posted prior to permit issuance. Road impact fees will be computed at tile time of permit issuance, but are estimated to be about S2700. GROWTH 51AN.-\GEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.664 to Jackie Weeks for the project known as "Jackie Weeks commercial Excavation and Homesite" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 16 feet below grade. Off-site removal of material shall be subject to "Standard Condit bns' the Transportation Services Division in document dated 1/13/98 copyt,~..ached,}, l{~(g~ 3. NOV 17 1998 Pg._ 3. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Project Plan Review for approval prior to the commencement of any &watering activity on the site. No blasting will be permitted unless issued a separate permit by Collier County Project Plan Review. o The petitioner must apply for a Vegetation Removal Permit. Environmental Staffshall perform a site visit to determine the need for a Vegetation Removal Permit and to check for an)' listed species. No work shall be done prior to that site visit. o The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location to be field determined. Cop3' of South Florida Water Management District construction/operation permit or early work permit with staff report shall be provided prior to excavation permit approval. 8. No Excavation Permit shall be issued until all impact fees have been paid. PREPARED BY STAN CHRZANOWSKI SENIOR ENGINEER DATE REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER ROBEI~ J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE DATE APPROVED BY: VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE 59.631 EX SUMMARY/md 2 NOV 1 7 1998 ......................... ~1 ................. II .................. I i-I~--T- --'~, I :I ' ii~ / AG E I~pA.I ~ -- No. ~/(,~/, 1998 SITE COLLIER COUNTY TRANSPORTATION SERVICES '.ISTANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF I~La~TERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects ~nd which should be taken into consideration during all stages of project development: 3, Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate mm lanes, buffer and bikcpath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Sen'ices Administration shall be subject to appeal before the Board of County Commissioners. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permirtee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permiuee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. EXHIBIT "B" Page One of Two IqOV 1 7 1998 Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist v,'itl'fin one mile of the excavation site, the County reserves the fight to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Structure inventory/monitoring and applicable property owncr release as required bv the Development Services Director. Security bond applicable to private property damage acceptable to the County.. Control of size/depth/number of charges per blast bv the Development Services Director. The right of the Count, to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creatinu unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. - 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91 - 102 as amended. Reference to letter of 5/24/88 Revised 1/I 3/98 Page Two of Two A~E A T ~ NOV 1 7 1998 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "NORTH COLLIER INDUSTRIAL CENTER", AND APPROVAl. OF TI IE PEP, FORMANCE SECURITY. OB.IECTIVE: To approve for recording the final plat of' "North Collier Industrial Center", a subdivision of lands located in Section 10, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of"North Collier Industrial Center". These documents are in compliance with the County Land Development Code and Florida State Statue No. 177. All fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2.9 of the County Land Development Code. Engineering Review Section recommends that the final plat of "North Collier Industrial Center" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows: The project cost is 5395,246.00 (estimated) to be borne by the developer. The cost breakdoxvn is as follows: a) Water & Sewer b) Drainage, Paving Grading $I10,06200 $285,199.00 The Securitv amount, equal to 110% ofthe project cost, is S437,770.60 The County will realize revenues as follows: Fund: Agency: Cost Center: Communitv Development Fund 113 County Manager 138900 - Development Services NOV 1998 Revenue generated by this project: Total: $7,850.00 Fees are based on a construction estimate of $395,246.00 and were paid in May, August & October, 1998. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) - $800.30 b) Construction Drawing Review Fee Water & Sewer (.50% const. Est.) - $55038 Drainage, Paving, Grading (.425% const. Est.)- $1,212.10 c) Construction Inspection Fee Water & Sewer (1.5% const. Est.) - $1,650.93 Drainage, Paving, Grading (1.275% const. Est,) - $3,634.68 GROWTtt MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of' County Commissioners approve the Final Plat of "North Collier Industrial Center" with the following stipulations: I. Accept the Performance Bond as security to guarantee completion of the subdivision improvements. Authorize the recording of'the Final Plat of"North Collier Industrial Center". Authorize the Chairman to execute the attached construction and maintenance agreement. That no Certificates of Occupancy be granted until the required improvements have received prelimina~ acceptance. NOV 1998 PREPARED BY THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER REVIEWED BY: DATE R~)BE~T J. MULIIERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE NORTH COLLFER INT)USTRIAL CENTER EX SLhMMARY/mk 1998 BONITA 11 U ~N(;~TON JU~NCSl "PROJECT , I I S AU[ COU ARE t7 LOCATION MAP (N.T.S.) NOV ~ 1B98 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND NIAINTEN.~NCE txGREEXE~NT FOR SUBDIVISION LMPROVEMZ-NTS entered into this ~ day of ,19 between Commercial Development Comlmny hereinafter referred to as "Developer," and the Board of County Commissioners of Collier Count)', Florida, hereinafter referred to as the "Board." RECITALS A. Developer has, simuhaneously'with the deliveo' of this Agreement, applied for the a,zproval bv the Board ora certain plat ora subdMsion to be known as: North Collier Industrial Center B. DMsion 3.2 ofthe Collier Count)' Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter se: forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: Sewer Collection System B. Water Distribution System C. Roadway D Drainage System within 12 n:c.,nti~s from the date of approval said subdMsion plat, said improvements hereinafter ';. referred to as the required improvements. Developer t~erev,'ith tenders its subdMsion performance security (attached hereto as Exhibit "tX" and bf' reference made a part hereof) in the amount of S437,770.60 which amount represents 10% of the total contract cost to complete construction plus I00% of the estimated cost to complete the required improvements at the date of this txgreement. In the event of' default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier Count.',', ma:' call upon the subdivision performance security to insure satisfactor2.,' completion of the required improvements. NOV ~ 1998 ~..-/ The required improvements shall not be con. sidered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Sen'ices Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notifij the Developer in writing of his refusal to approve improvements, therewith specif:?,ng those conditions which the Developer must fulfill in order to obtain the Director's approval ofthe improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordznce with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one ,,'ear after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required impro;'ements. The Development Ser',,'ices Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approvzLby the Board, the Board shall release the remaining 10'3/o of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. Six (6) months after the execution ofthis Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance secufitv on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by file Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdMsion performance security for the improvements completed as ofthe date of request. In the event the Developer shall fail or neglect to fulfill its obligations under this A~eement, upon certification ofsuch failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the requked improvements. 'lq~e Board shall have the fight to construct and maintain, or cause to be constructed or maintained, pursuant to public advertiscment and receipt and ac, eptanac oL~ NOV 1998 ~7 ¢, _._._j bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemni~ the Board, upon completion ofsuch construction, the final total cost to the Board there&, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account o1' the failure of the Developer to fulfill all of the provisions of' this Agreement. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ~ day of ,19 SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Printed or Typed.Name finted Sr Typed lq'me' Commercial Development Company a Florida Genera/Partnership by its General Partner Executive Development Corporation, By: I/2[}' ~5"&'"'""'~ Phillip Lewallen, President ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman Apprpved as to fgrm apd legal sufficiency: David {~.,--- ' C-. County Attorney lqOV 9= -1998 17 North Collier Industrial Center BID SCHEDULE OF CONSTRUCTION COSTS P ROJ ECT TOTALS I. SITE CLEARING AND EARTHWORK 129.780.00 II. SANITARY SEWER SYSTEM 68.679.00 III. WATER DISTRIBUTION 41.383.00 IV. STORM DRAINAGE SYSTEM 59.272.00 V. ROADWAY CONSTRUCTION 85.132.0~: VI STREET LIGHTING 11.000.00 TOTAL THESE COSTS ARE FOR REVIEW AND INSPECTION FEE CALCULATION ONLY 1998 Irrevocable Letter of Credit No. 98102601 October 26, 1998 Collier County Board of Commissioners c/o Office of thc County Attorney 3301 East Tamiami Trail Naples, FI... 34112 Gentlemen, We hereby open our Irrevocable Letter of Credit No. 98102601, in your favor, in the amount of Four Hundred Thirty Seven Thousand Seven Hundred Seventy & 60/100th. Dollars ($437,770.60), available by 3'our drafts, drawn on us, for the account of Commercial Development Company 5150 Tamiami Trail North, Suite 601 Naples, FL. 34103. Drafts Drawn hereunder must be marked "Drawn Under Community Bank of Naples. N.A. Irrevocable Letter of Credit No. 98102601" and must be accompanied by the following document(s). A statement, purportedly signed by the County Administrator, that "Commercial Development Company has failed to construct, and/or maintain, the improvements associated with that certain plat ora subdivision known as North Collier Industr/al Center 98-13 Plat # 98-22, or a final inspection, satisfactory to Collier County has not been performed prior to the date of expiry, and satisfacto~' alternative performance security has not been provided to, and formally accepted by, the Beneficiao"'. This Letter of Credit sets forth, in full, all terms and conditions of the credit. We hereby en~a~e with you that all drafts drawn under, and in compliance with the terms of this Letter of Credit ,,,,'ill be duly honored by us when presented to our offices located at 5150 Tamiami Trail North Suite 100, Naples FL. 34103. (continued) (941)649-1500 {941)6'}9-1411FAX 5150 Tamiami Trail N. ' P.O. Box 413009. Naples. Florida 34101-3009 www. communitybankofnapI'~.rom NOV 1998 Page two: Community Bank of Naples, N.A. Irrevocable Letter of Credit No. 98102601 This Letter of Credit will be valid until Octoher 26, 1999, and shall thereafter be automatically renewed for successive one year periods on the anniversary date of its issue, unless sixty (60) days prior to an3' such anniversary date, we notify you, in writing, by registered mail, that we elect not to renew this Letter of Credit. This Letter of Credit is subject to the Uniform Customs and Practice for Documentar':' Credits (1993 Revision) of the International Chamber of Commerce Publication #500 arid all amendments thereto. Vice President Senior Lending Officer NOV 2=1,1998 EXECUTIVE SUMMARY REQUEST TO APPROVE Tt tE FINAl.. PLAT OF "JASMIN[-~ LAKE" OB,IECTIVE: To approve the final plat of"Jasmine Lake", a subdivision of lands located in Section 18, Tov,'nship 48 South, Range 26 East. Collier Count.,,'. Florida. CONSIDEIL-kTIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of' "Jasmine Lake". These documents are in compliance with the County Land Development Code and Florida State Statue No. 177. All fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Count,',,' Land Development Code. Engineering Review Section recommends that the final plat of "Jasmine Lake" be approved xvith the stipulzttion that the final plat not be recorded until the required improvements have been constructed and accepted or until thc approved security is received to guarantee completion of the required improvements. FISCAL IMPACT: The fiscal impact to the County is as follows: The project cost is 514..968.. 9 to be borne by the developer. Tile cost breakdown is as follows: a) Water & Sewer b) Drainage. Paving Grading $94.938.00 $49,030.59 The County will realize revenues as follows: Fund: ,.\g,zncy: Cost Center: Community Development Fund 113 County Mana,,er 18900- Development Sea'ices NOV 24--1998 /'7. Revenue generated by this project: Total: $3,211.03 Fees are based on a construction estimate ors The breakdown is as follows: a) Plat Rc.`'iev,' Fee (5425.00 + $4./ac - $478.73 b) c) and ,.','ere paid in June and October, 1998. Construction Dra.`ving Review Fee Water & Se.`ver (.50% coast. Est.) - $,1.74.69 Drainage, Paving. Grading (.425% const. Est.) - 5208.38 Construction Inspection Fee Water & Se.`ver (I .5% coast. Est.) - $1,424.08 Draina~,e. Pnvint~. Grading (I ,.>-~-o/, _ , ._/> ,,, const. Est.) - 5625.15 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of Count',' Commissioners approve the Final Plat of"Jasmine Lake" with the £ollowing stipulations: That the final plat not be recorded until the required improvements have been constructed and accepted or until appro.`'ed security is received for thc uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. ,Authorize the Chairman to execute the attached Construction and Maintenance Agreement. Ti~at no building permits he issued until the final plat is recorded. That any outstanding issues with tho construction plans and plat are resolved prior to the prle- construction meeting. ~ AGE 4 A NOV 1998 PREPARED BY THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER REVIEWED BY: R~RE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: .'~ VfN'CENT A:CAUTERO, ^ICP, ADMINISTR ' CO.,,I,Xlt~'~TV r~EV. ^.','D ENVmON,',IENTAL SVCS. /// DATE DATE DATE JASMINE LAKE EX SUMMARY,'md l, lov ~'1998 f? CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PR/OR TO RECORDING OF PLAT entered into this day of , 19 between Northbrooke Development, Ltd. hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Cypress Woods Golf & Country Club - ffc~mine Lake - Phc~ve L DMsion 3.2 of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: A. Sewer Collection System B. Water Distribution System C. Drainage System D. Roadway within 12 months from the date o£approval said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. Upon completion of'~aid improvements, the Developer shall tender its subdivision performance security in the amount of $ .L~._..Bcl~'.O-/wh. ich represents ten percent'of the total contract cost to complete construction. Upon receipt of said sdbdivision performance security by the Development Services Director , the Developer may request the Board of County Commissioners to approve the sub~livision plat for recording and grant preliminary approval of said plat. NOV 1998 /? The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development' Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements it" they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision' performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator i may call upon the subdivision performance security to secure satisfactory i completion, repair and.maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the ' subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion ofsuch construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and a.~ DeveIoper. NOV 1998 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ~ day of ,19 SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: I ~.t:::) oDel~o Printed or Typed Name Printed or Typed Nam( Nonhbrooke Development Ltd. Bonita Grande Hotel Corp. as Managing General Panner By: Frank W. Cooper, Vice President ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufficiency: ¢0 '~q:) i/ ,,, a c'.-Wei=il County Attor~'ey BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman NOV ~ 19,/~8 17 Pg. ~,. ~ ...--- BONITA RINGS NAPLES ID~T 16 GOLDEN GATE PROJECT LOCATION NOV ~-~"1998 Pg. NAPI .ES AF~SA MAP EXECUTIVE SUMMARY AMEND CONTRACT FOR CONSTRUCTION MANAGEMENT SOUTH NAPLES COMMUNITY PARK, PROJECT 80037. FOR THE OBJECTIVE: That the Collier Count>' Board of Commissioners approve a budget amendment and contract amendment to construct the South Naples Community Park. CONSIDERATIONS: Contract //RFP 98-2795 for Construction Management at Risk Services, ,.','as awarded by The Board on September I, 1998 under Agenda Item 16 (B) (14) to W. G. Mills, Inc. The contract requires that, once the Guaranteed Maximum Price (GMP) is established, the contract be amended and approved by the Board. Due to the high demand for construction in Collier County, the price of construction has increased. As a consequence of the high cost of construction, a project budget Amendment of $225,000.00 is needed to cover the increased cost. The GMP will consist of $2,644,884.51 for construction cost; $34,428.47 for sub-contractor's bonds; $14,843.00 W. G. Mills, Inc. pre-construction fee; $143,600 W. G. Mills Construction Managers' Fees; $159,963 W. G. Mills reimbursables: insurance for W. G. Mills $2,730.00; General Bond $18,250.00; for a total GMP of $3,018,698.98. The amended contract will replace the original contract and is available for review at the County Administrator's office. FISCAL IMPACT: project. A budget follows' There are not sufficient funds currently budgeted for this amendment is needed to transfer fund from Fund 368 as Amount' From' $225,000.00 Fund' 368 Cost Center: 919010 Naples and Urban Collier Community Parks Impact Fee Reserves To.' Fund: 368 Cost Center: 156416 Project No: 80037 Naples and Urban Collier Community Parks Impact Fee District 6, South Naples South Naples Community Park Executive Sumn~ary South Naples Community Park Page Two (P\VED S35.400.00' licenses and permits $61.250.00; Engineering fees 0,500.00: In~provements 5117.850.00). The remainder of the funding for this project is in Fund 368 and Fund 306. Project 80037 (South Naples Community Park). GROWTtt MANAGEMENT IMPACT: The South Naples Community Park Project is consistent with the County Comprehensive Plan Recreation and Open Space Element. RECOMMENDATION.q: Staff recommends that the Board of Count,',' Commissioners approve the Guaranteed Maximum Price (GMP) of $3.018.698.98 for the South Naples Community Park construction: approve the amendment to the Construction Nlanagcmcnt Contract RFP~ 98-2795 with W. G. Mills. Inc. resulting from thc GMP: and approve thc necessary budget amendment. ' _.. DATE: .l[iiT C'. Adarmes Minor. P.E.. Senior Project Manager Public Works Engineering Department REVIE~VEI) BY'IcrC Bibby. P.~ D~etor DATE: Public Works Engineering Department REVIEWEI) BY'I:~. ':~5~ DATE' k~arla Ramsey. Di/ector Parks & Recreation Department AI~PROVED B Ed !lschner. Administrator Public \Vorks Division DATE: Attachment' Construction Management Contract (Three (3) originals; One (1) Cop3' .} NOV I ? 1998 EXECUTIVE SUMMARY TO APPROVE TIlE ASSIGNMENT OF TIIE PROFESSIONAL SERVICES,GIANAGEMENT CONTRACT (TILE AGREEMENT) BETWEEN GARY L. MOYER , P.A. ("MOYER") AND COLLIER COUNTY DATED OCTOBER 6, 1992 FOR MANAGEMENT ADVISORY SERVICES FOR PELICAN' BAY SERVICES DIVISION (PELICAN BAY MUNICIPAL TAXING AND BENEFIT UNIT) TO SEVERN TRENT ENVIRONMENTAL SERVICES, INC. ("ST.") OBJECTIVE: To request the Board of' Count), Commissioners approve the assignment of the Professional Ser-vices,Z'Ianagement Contract between Gar'), L. Moyer, P.A. and Collier County dated October 6, 1992 for management advisory services for Pelican Bay Services Division to Severn Trent Em,'ironmental Services, Inc. CONSIDERATION' On October 6, 1992 the Board of Count)' Commissioners entered into a Professional Services/Management Contract with the firm of Ga~' L Moycr, P.A. ("Moyer") to provide managemenl advisor' services for the Pelican Bay Municipal Taxing and Benefit Unit of Collier Count,,' Nlover is in the process of selling all of its assets to Severn ]'rent Environmental Services, lnc. ("S1""~ and which "ST" has requested that Moyer obtain the consent of Collier Count.,,' to the assignment of the October 6, 1992 Agreement for management services As a part of the representations of"S'F", there will be no changes to the terms and conditions of the existing Agreement which includes the assignment of James P. \Vard as the principal assigned to the Pelican Bay Sen'ices Division under the terms and conditions ofthe Agreement. The existing terms and conditions of'the agreement betv:een Mover and Collier Count,,, will remain unchanged. On November 4. 199S. the Pelican Bay Adviso~'Committee voted unanimously to recommend the assignment oflhe existing contract to Severn Trent Environmental Services. Inc. FISCALI~IPACT: None GROWTIlMANAGEMENTI.~IPACT: None RECO,M.MENDATION: That the Board of' Count)' Commissioners approve in concept the assignment of the Professional Services/Management Contract between Gary L. Mover, P.A. and Collier County dated October 6, 1992 for management advisoD' services for Pelican'Bay Services DMsion to Severn~ent Environmental S~'ices, Inc.; that the Chairman is authorized Io sign an assignment and asSum~ticm aereement one'approved by the Coumv Atlorney's O~ce. PREPARED BS~~~~~~ DATE:~,/~/~_, / Depar" en ' tor APPROVED ~ Ed llschner Division Administrator EXECUTIVE SUMMARY AUTHORIZE INSTALLATION AND FUNDING OF HUMIDITY CONTROL EQUIPMENT IN THE MEDICAL BUILDING ADDITIONAL EXAMINER'S OBJECTIVE: To control the humidity within the administration portion of the Medical Examiner's building. CONSIDERATIONS: Excessive humidity in a building is a common problem, especially in this South Florida environment. Managing and reducing the humidity levels within public buildings is especially impo~ant a.q unchecked it causes mold and mildew to grow in the duct work of the building, paint problems, furniture damage, book, paperwork and office equipment problems and can ultimately cause serious health problems as well. The Medical Examiner's building was completed during FY 97-98. As part of that project, it was evident from inital surveillance readings that additional humidity control equipment needed to be incorporated into the morgue portion of the building. H'owever, the administration section had not had its air handling systems balanced sufficiently to determine if supplemental equipment would be necessary prior to the budgets for the fiscal year being closed. The Facilities Management Department, after several months of balanced readings, is indicating that the County should install the supplemental humiditT control equipment in the administration portion of the building as well. GROX~'I'H MANAGEMENT IMPACT: There is no growth management impact associated with the action requested by this executive summary. FISCAL IMPACT STATEMENT: The Medical Examiner's building project (#80112) wa.~ budgeted and forecmqt to spend $1,220,000 in FY 98. The project's actual costs for the year were $1,177,700, resulting in an unbudgeted return of $42,300 to the County-wide Capital Project Fund (Fund 301) resen, es. The cost of the proposed humidity control equipment is $15,000. Approval of this item will complete the project and still return an unanticipated $27,300 to Fund 301 resen'es. Funds will be transferred from Fund 301 reserves (001-919010-993000) to the .Medical Examiner's Building project (301-140467- 700000-80112). RECOMMENDATION: Dtrect staff to expeditiously purchase and install humidity control equipment in the administration portion of the .Medic~ Examiner's building and approve the necessary budget amendment. Prepared by~~_ Thomas ~'<.'-70lliff, i6~ Sen'ices Administrator Reviewed by: Skip Camp, Facilities Management Director NOV 1 7 1998 Pg. I EXECUTIVE SUMMARY APPROVAL OF CHANGES TO THE SENIOR MANAGEMENT FRINGE BENEF1T PLAN QB.JECTIVE: To implement a senior management fringe benefit program. CONSIDERATION: The ability to successfully compete for highly qualified, experienced senior managers to direct and manage this Agency's operations is critical to maintaining the Board's goal ofproviding quality services at the lowest possible cost. In addition to a market competitive salary plan, an attractive fringe benefit package is a key compensation tool used for maintaining an organization's ability to recruit and retain its best managers. With the above stated objectives in mind, the following changes and/or additions are recommended to the fringe benefits provided to the Assistant County Administrator and DMsion Administrator position classifications. Change State of Florida Retirement System membership designation to the Senior Management Service Class (SMSC) Establish a deferred compensation matching contribution plan Increase the group term life insurance death benefit The employer's contribution rate under the SMSC designation would increase by 7.59 %. The deferred compensation matching contribution plan would allow the employer to match the employee's personal contribution to a qualified 457 plan up to a maximum of $1,500 per year. The proposed increase in the death benefit to twice annual salary would be subject to medical underwriting and based on group rates. FISCAL IMPACT: The total estimated increased annual costs of the proposed benefits for the designated positions in FY 99 are :$46,368. These expenses were budgeted in the FY 99 budget in the individual administrative cost centers. GROWTH MANAGEMENT IMPACT: None RECOM'MENDATION: It is recommended that the Board approve the fringe benefit plan outlined herein. SUB M] TTED B Y:/~ ~,ee/n~/,~'..... Rob/eh F. Ferni~z County Administrator / t ~ AGE. NOA. ITEIq/\ NOV 17 1998 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of November 17, 1998 Support Services (Fund .No. 001) Budget Amendment .No. 99-027 Purchasme Administration Capital Outlay ($16,400) Operatin~z Exr~enses $16,400 Total - 0 - Explanation .Mail equipment lease purchase ',,.'ill be expended from operating expenses rather than capital outlay. AGF~{3A ITEM NOV 17 1998 Pg. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE NOVEMBER 17, 1998 I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1). the disbursements for the Board of Count,,,' Commissioners for the period: A. October 26 - 30, 1998 3. Minutes: A. Count>' Government I'roductivity Committee Minutes of October 21, 1998 4. Other: Lake Trafford Restoration Task Force Special Meeting Minutes of October 23, 1998 Letter of October 30. 1998 from Dwight E. Brock, Clerk ofthe Circuit Court to The Itonorable Barbara Berry regarding a Statement of Revenue and Expenditures for >'ear ended September 30. ] 998. Letter of October 30, 1998 from Claude A. Haynes. Deputy Tax Collector to Mr. Robert F. Milligan. Comptroller of Florida. regarding compliance with Florida Statues Sections 1603. 218.32, and 218.36. Letter of October 30. 1998 from Abe Skinner. Collier Count>' Property Appraiser to Collier Count>' Board of County Commissioners regarding Collier Count3' Property .Appraiser's .Annual Report for '.'ear ended September 30. 1998. AGENDA/I~,EM No. zO,~ ! N0V 1 7 19 8 EXECUTIVE S UM~IkR~ RECOMMEND THAT TEE COLLIER COUNTY COMMISSION FNDORSE TEE UNITED STATES DEPARTMENT OF JUSTICE FEDERAL EQUITABLE SHARING ANNUAL CERTIFICATION REPORT. OBJECTIVE: That the Collier County Commission endorse the United States Department of Justice Federal Equitable Sharing Annual Certification Report fom. CQN$IDERATIQN; The Collier County Sheriff's Office participates in joint investigations in which the Sheriff's Office works with U.S. Department of Justice and U.S. Department of Treasury law investigative agencies to enforce federal criminal laws. Local law enforcement agencies that directly or indirectly participate in an investigation or prosecution that results in a federal forfeiture by these agencies may request an equitable share of the net proceeds of the forfeiture. Justice and Treasury require a Federal Annual Certification Report be submitted within 60 days after the end of each fiscal year. Fiscal year 1998 Federal Annual Certification Report needs to be signed by the Chairman of the Board of County Commissioners. FISCAL IMPACT: Requested equitable share revenues are accounted for separately in Fund 602. Funds are used to supplement and not supplant Sheriff's Office law enforcement purposes. The fiscal year in which the revenues are received depends on when a case is closed. Total revenues to be received cannot be determined until cases are closed. GROWTH IMPACT: None. RECOM34ENDATION: That the Collier County Commission endorse the Federal Annual Certification Report form. PREPARED BY: CRYSTAL K. KINZEL, FINANCE D~RECTOR APPRO%~D BY: DATE: a:XS.feac8 DON HI/NTER,. _0ctobe. r. 30, 1998 SHERIFF FILE NO.: ROUTED TO: DATE RECEIVED: Date: October 30, 1999 DO NOT WRITB A~OV~ TWIS SPACB REQUEST FOR LEGAL SERVICES (Pleaee ty'p* or prin~} To: Offi~ Q_f ~he County A~%orney From: Crystal K. Kinzel ~li~ Sheriff's Office , Attention: ..Thomas Palmer. Esq. .,, Finance Director ..Finance Division Re: Federal Equitable Sharing Annual Certification Form BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information concise,and ar~Jcu!ate) . e Sheriff's Office is required to submit a federal equitable sharing deral Annual Certification Report within 60 days after the end of each 'scal year. The law enforcement agency head and the authorized responsible official of the governing body are required to sign the annual report. Board approval is needed for Barbara B. Berry to execute the Federal Annual Certification Report. (Are there documents or other information needed to review this matter? yes, attach and reference this information). If THIS ITEM HAS/.HAS NOT BEE}; PREVIOUSLY SUBMITTED. (if prev~ousl7 ~uk~.x:=ed. provide County Attorney'a Offxce f~le nu=ber.) OTHER COMMENTS: ACTION REQUESTED: (Be very specific. Iden=ify exactly what you need in the way of legal eervicea.) Legal approval of request. C: Don Honter, Sheriff All reque0t~ muot be cop~ed to your appropr~ece D~v~m~on Held or Concci~utxonal Officer. I jh/a:lefe8 Agency: . Address: FEDERA_L ANNUAL CERTIFICATION REPORT Collier County NC~C Ccde~ FL011~ Your ~iscal Year ~nds on: Sherzff's Office 3301 Ta.m i e~m i Trail Buildinc J Naples, Florida 34112 9/98 (Uo~ti*Cfear) Contact Person: Attorney Danny ShrT. ver Telephone: 941-793-9292 Fa× Number: Bank Routing Code and A.~unt Number for E~ Pu~oses: N/A Check one: ~ Police Dest ~ Shedff Dept ~ Task Force ~ Prosecutor's O~ce 941-793-!9195 Other I. Beginning EquitaDle Sharing Fund Balance (your fiscal year) 2. Federal Shadng Funds Resei',,ed (during your fiscal year) 3. Interest Income Accrued 4. Tota~ Equitable Sharing Funds (total of items 1 - 3) 5. Federal Sharing Funds Expended (total of items a-i below) Equitable Sharing Fund Balance (subtract item 5 from item 4) Justice Fund_s _T_reasurv Funds S o S o S 360,737 S o S 9o2 S o S 361,639 $ 0 S.061,639 ) $ ( 0 } $. o__ S o DATA FOR ASSESSING LAW ENFORCEMENT BENEFITS b. c. Total d. Total e. Total f. Total g. Total h. Total i. Total Total spent on salaries (see Treasury and DOJ Guides) Total spent on info,Tnant payments spent on travel and training spent on communications and computers spent on firearms, weapons, body armor spent on electronic surveillance equipment spent cn building and improvements spent on other law enforcement expenses (attach list) pass through (attach list of' recipients) Total annual law enforcement budget for your,jurisdiction for current fiscal year k. Total annual budget for non-law enforcemenl agencies for current fiscal year I. Total annual law enforcement budget for your iudsdiction for prior fiscal year m. Total annual budget for non-law enforcement agencies for prior fiscal year 0 S 0 o S ,~ ~' 0 S 0 0 $. 0 S 0 193,924 S 0 0 S 0 167,715 S 0 0 S 0 S 55,328,OOO S _ N/A S 53,629,800 S N/A Don Hunter (Pnn~ cr Ty:e name) Law Enforcement -~ ;e~,cy 10/30/98 Barbara B. Bet.fy Oa:e (Pnr.: or Type name) C;a:e ~'lhcrtZe-~ R esr,,~.:~.~ible O~cia! Of :~e Gcvernin~8~'~e,e ,. ,% tu' . ' Sheriff Federal Annual Certification Report Collier Count7 Sheriff's Office 3301 Tamiami Trail East, Building j Naples, Florida 34112 NCIC Code: FL0110000 Fiscal Year: 9/98 Attachment DATA FOR ASSESSING LAW ENFORCEr, S%IT BE~IEFITS Total spent on other law enforcement expenses detail list: Crime Prevention Programs matches to Federal Grants: Total 1. Byrne-SHOCAP #98CJ8C092101060 #98CJ6J092101201 2. Byrne-Gang Unit #98CJ8C092101061 #98CJ6J092101202 3. DOT-DUI Enforcement Project #J798060601 4. DOJ-Local Law Enforcement Block Grant '96 -eqmt. #96LBVX0858 5. DOJ-VOCA #V7002 $56,779.48 $25,519.25 $43,587.39 $27,981.00 $167,715.25 jh/a:feapl 10/30/98 EXECUTIVE SUMMARY RECOMMElqD THAT THE BOARD OF CO~ COMMISSIONERS ACCEPT THE LOCAL LAW ElqFORCEMENT BLOCK GRANTS PROGRA/~ AWARD FROM THE U.S. DEPARTMENT OF JUSTICE A/qD APPROVE THE BUDGET ~MENT. QBJECTIVE: To have the Board of County Commissioners accept the U.S. Department of Justice Local Law Enforcement Block Grant for a Sheriff's Office program to procure equipment that will reduce crime and improve safety in Collier County and to approve the budget amendment. gQNSIDERATION$: 1. On July 28, 1998, the Board of Coun[y Commissioners execute documents indicating the Collier County Commission as the coordina~in9 uni~ of government for the Local Law Enforcement Block Grant. 2. On July 28, 1998, the Board of County Commissioners approved the grant program purpose area to procure equipment directly related to basic law enforcement functions. 3. On October 28, 1998, Collier County received the $366,900 Local Law Enforcement Block Grants Program award from the U.S. Department of Justice. 4. The Collier County Local Law Enforcement Block Grant Advisory Board has reviewed and approved the Sheriff's Office proposed program for utilization of grant funds to procure data networking equipment. 5. This is the third year the Collier County Sheriff's Office has received Local Law Enforcement Block Grant funding. 6. The signature of the Chairman of the Board of County Commissioners is needed to officially accept the grant. FISCAL IMPACT~ The $366,900 revenue from this grant will be included in the Sheriff's Special Revenue Fund (Sheriff 115). $40,767 is needed for County's match. A budget amendmeht to recognize additional carryforward of $40,767 in Fund 602-919010- 4829200 is needed. ~ROWTH MANAG~ No recurring costs for subsequent years. RECOMMENDATION: That the Board of County Commissioners accept the United States Department of Justice Local Law Enforcement Block Grant to under-~rite a Sheriff's Office program to procure equipment that will reduce crime and improve safety in -=~l~liez_~,oD/lky. and approve the budget amendment. ~'.f~,DAi]'~M" NO' 17 CERTIFICATION OF CONFISCATED TRUST FUND REQUEST This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 (4)(a) Florida Statutes to provide matching funds to obtain federal grants. PREPARED BY: APPROVED BY: DATE: ~'ry~l ~. Kinzel, Financ~Director r, "Sheriff October 2~, 1~8 jh/a:xs.le8 FILE NO.: ROUTED TO: DATE RECEIVED: '!]'J, ' ,'. Date: .October 29, 1992 REQUEST FOR LEGAL SERVICES 1l:'3eat~e t;q)~ or print) To: From: Office of the Count}, Attorney, Attention: Thomas Palmer, Ese, Crs~sta! K. Kinzel Sheriff's Office _Finance Director .Finance Division JDepa rLmen~. ) Re: U.S. DOJ 1998 Local Law Enforcement Block Gr~nt Award ISub3eCtl ~KGROUND OF REQUEST/PROBLEM: (Describe problem and give background info,arian - be ~, concise, and On July 28, 1998 the Board of County Commissioners agreed to act a's coordinating unit of government for the 1998 Local Law Enforcement Block Grant and approved the Sheriff's Office grant application. (Agenda Item 16 (H)4) . Collier County has received the grant award. Board approval of the award and budget amendment is requested. (Are there documente or other Information needed to review thio matter? If yes. attach and reference thio i,formltlon). THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. ACTION REQUESTED: (Be very flp~c~fic ~d~nr~[;. e~ct]y what '/au n~ed ~n th~ way of legal 0er:'~ce0.) Legal approval of request/forms. OTHER COMMEI~TS: Don Hun~er, Sheriff All reque~tfl muo'. be copi,d to your appropriate D~vl0~on Head or Constitutional Off lc%r. ) ah/atlaS U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Office o,' ~ Dir~:Ctor Washington. DC 205.11 September 30. 1998 Barbara Ben->.' County Board Chairperson County of Collier 3301 Tamiami Trail East Naples, FL 34112 RE: Fiscal Year 1998 Local Law Enforcement Block Grants Program Dear Mrs. Ben">.': I am pleased to inform you that the Bureau of Justice Assistance (BJA) has approved the County of Collier's application for funding under the Local Law Enforcement Block Grants (LLEBG) Program, in the amount of $366.900. The purpose of the LLEBG Program is to reduce crime and improve public safety. This Block Grant Award may be used for an.,,, of the purpose areas described in the statute. Enclosed you will find the Grant Award and Special Conditions documents. Please sign these forms and return a copy to the LLEBG Control Desk, 4th Floor, BJA, 810 7th Street. NW, Washington, D.C. 20531. If you have any questions in regard to this awara, or ifBJA can be of further assistance to you, please do not hesitate to contact the Grants Administration Branch, Local La,,,,. Enforcement Block Grants Program Division at (202) 305-2088. I look forward to a continuing partnership with the County of Collier in furtherance of this important criminal justice program. ' Sincerely yours, Nancy E. Gist Director Enclosures U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Office o( thc Director W~hington. OC. 20551 September 30. 1998 Barbara Ben-?., County Board Chairperson County of Collier 3301 Tamiami Trail East Naples. FL 34112 RE: Fiscal Year 1998 Local Law Enforcement Block Grants Program Dear Mrs. Berr'?.': I am pleased to inform you that the Bureau of Justice Assistance (BJA) has approved the County of Collier's applicatioa for fundine under the Local Law Enforcement Block Grants (LLEBG) Program, in the amount of $366.900. The purpose of the LLEBG Program is to reduce crime and improve public safety. This Block Grant Av,'ard may be used for an.',, of the purpose areas described in the statute. Enclosed you will find the Grant Award and Special Conditions documents. Please sign these forms and return a copy to the LLEBG Control Desk, 4th Floor, BJA, 810 7th Street, NW, Washington, D.C. 20531. If you have an.,,' questions in regard to this award, or ifBJA can be of further assistance to you, please do not hesitate to contact the Grants Administration Branch. Local Law Enforcement Block Grants Program D/vis/on at (202) 305-2088. I look forward to a continuing partnership with the County of Collier in furtherance of this important criminal justice program. Sincerely yours, Nancy E. Gist Director Enclosures i u s DEP,',RT.s~EXT OF .~t:STIC'E AWARD OFFICE OF JUSTICE PROGRAMS OJP X BJA O$$DP X GRANT PAGE I OF '., BIS ..;' NIJ ' OVC ~ ~ C~PE~TIVEAGREEMENT CttECK APPROPRIATE BOX I. G~NTEE NAME AND ADDRESS [Including Z~p Code) ~ 4. AWARD NUMBER Coun~ of Collier 98LBVX4]49 3301 T~i~i frail Naples. FL 34! 12 5. PROJECT PERIOD FROM 10/01/1~ TO 0~'30.'20~) BURET PERIOD FROM 10,'01/t~ TO ~'30,~O~ 2. SUBG~N~E" X ' ,,A, IEANDADDRESS[includingZipCod~j ~ 8. SUPPLEMENT NUMBER ~'~'~ Inmal ~ ,..~ Supplemental 2A. SUBG~NTEE IRS,%'~'~)R NO ~ 9. PREVIOUS A~'ARD AMOL~T $ 0.00 ..................... ~ 1. TOTAL AWARD ~366,900 ~2. SPECIAL CONDITIONS (Ch~ck. ~: THE ABOVE G~ANT PROJECT IS ~PPROVED SU'B]ECT TO SL'CH CONDITIONS OR LIMITATIONS AS A~ SET FORTII ~-' ON THE A~ACHED 4P.~GES TUTORY AUTHORJ~' FOR G~NT ApD~v~ u ~ for , ' r TITLE I OFTHEOMNIBUSCRIMECONTROLANDSAFEST~ETSACTOFig~8 ~ . U.g C. 3701, ET SEQ. AS .~.~EN[)ED ; ~ TITLE 2 OF THE JUVENILE ]L'STICE' AND DELINQUENCY PREVENTION ACT OF I074 ~ ~ ~ 42USC 5601.ET SEQ.ASAXlENDED .... VICTIMS OF C~ME ACT OF mQ~g.42USC 1060m. ET. SEO.PUBL1CLAWg~;3. ASAMENDED L~_. OTHER (S~ciF2) Omnibus Appropriations Act of l~8 (Public La~ 105-1 I~ FUTL'~ FISCAL YEAR(s) SUPPORT SECOND YEAR'S 8L'~ET PERIOD ........ ~./A A,MOL~'T OF FL~'DS ..... N/A ..................... THE G~N'TEE ~'ILL RECEIVE CASH VIA A LE~ER OF CREDIT ~ YES ~ NO 16. ~'PED NAME AND TITLE OF APPROVING OJP OFFICIAL I I 8. '~PED NAME AND TITLE OF AUTtIORIZED G~NTEE OFFICIAL N~cy E. Gist. D~rec~or ' Barh~a Bu~au of Justice AsSiSl&qc: - ............................. ~ Cotm~ Bo~d Chai~¢~on 7 S[GNATV~ OF APPROVING OJP OFFICIAL 20.,ccoc~x~o c~ssbc~x~ox co~s .......... ' ....... ' ...... ~-: .... : = -- ~~S~~~ FISCAL FU~D BUD. DIV YEAR CODE ACT, OFC REG. SUB POMS X V L I ~0 O0 O~ "LE I A~E 3) L EPARTM?,,T OF JUSTICE OFFICE OF JUSTICE PROGRAMs .._ "',, i--: .... ~ Big NI$ , OVC CHECK APPROPRIATE BOX 9~LBvX42~9 S P~CIA L CO~DITI AWARD CONTINUATION SHEET C_3 COOPERATIVE AGP. EE.'.IES;T AWARD DATE PAGE 2 OF 9/3 0/9 8 - - .... 2) 2) Specific steps taken to comply with the recommendations. 3) Timetable for performance anct"or implementation dates For each recommendation. 4) Descriptions o£monitoring to be conducted to ensure implementation. The submissions ofaudit reports for all grantees shall be as Follows: I) Mai! original and one (I) copy o," the completed audit report to: U.S. Department of Justice Mail one (I) cop.,,, of the completed audit report to: Federal Audit Clearinghouse Bureau of the Census /201 E. 10th Street Jef£ersonville, iN' 47132 Mail a cop.,, of the Cover (transmittal) letter to: Office of the CompP, oller Office of Justice Programs Arm: Control Desk, 5th Floor. Audit Division 810 Seventh Street. NW Washington, D.C. 20531 The recipient agrees to comply with the financial and administrative requirements set forth in the current edition o£th¢ Office of.lustice Programs (O./P) Financial Guide. The recipient agrees to comp/.,,, with the or2anizational audit requirements of'the applicable OMB audit circular. The first audit report period should be for September I. [998. to August 3 I, 1999. The management letter outlining audit findings, submitted by the auditing oro-anization, must be submitted with the audit report. Grantee audit reports must be submitted no later than thirteen (13) months after the c:ose of each fiscal year during the term of'the award. Recipients who receive S300,000 or more in Federal funds during their fiscal year, are required to submit an organization.wide Financial and compliance audit report. Recipients who receive less than $300,000 in Federal funds, are not required to submit a program or organization-wide financial and compliance audit report for that year. Note:/t'your audit disclosed findings or recommendations you must include with your audit report, a corrective action plan containing the following: I) The name and phone number of the contact person responsible for the corrective action plan. ~~-"~.~'9 5.~7) PRE~'TcgL--~-I-~DITiOXS APE OBSOLETE f...~y,a~:'. ~ O~",,~. L' $ DEPAR r.',IENI OF JUSTICE .~' ~, OFFICE Of JUSTtCE PROGR.AMS -i. '4; O/P "~" BIA "' ' OJ;DP " =' _ :i 72;_' 7 ~ CHECK APPROPR./ATE BOX PROIECT NUMBER 9gLBVX.~:19 AWARD CONTINUATION SHEET COOPERATIVE AGR£EMENT AWARD DATE PAG£ 3 OF $ EDITION'S ARJi OBSOL~'~----"------' SPECIAL CONDITIONS The recipient shall submit one cop,,' of al reports and proposed pub cat oas resultin~ from this agreement twenty ('~0) days prior to public release. An,,' publications (written. visual, or sound), whether published at the recipient s or government s expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analyses ) "This project ,,,,'as supported by Grant No. 98LBVX4249 awarded by the Bureau of'Justice Assistance, Office oflusdce Programs, U.S. Department of.i'ustice. Points of view in this document are those of the author and do not necessarily represent the official position nr policies of the U.S. Department of Justice." · The recipient agrees to provide information required for the nationa/evaluation. The recipient agrees to provide .S40,767,00 over the grant period in a cash match. The recipient is reminded that the match funds are audit, able under Special Condition #2 and will be binding to the recipient. The recipient agrees to submit, at a minimum, semi-annual reports on its prog,-'a,-nmatic activities. The first programmatic ~J report will be due on July .3 I, 1999, covering the period of October, 1998 - .rune, 1999. The next report will be due on .ran'uary 31, 2000, and cover the period of.rulv, 1999 - December, 1999. The next report should cover the next six month period and is due thirty (..;0) days after the end oft~e six month period for the term of the av,'a.rd. A final report on the programmatic activities is due 120 days following the end of the grant period. The recipient agrees to submit quanerl? financial reports. The financial report is due 45 days after the end ofeach calendar quarter. A final financial report is due 120 days following the end of the grant period. The recipient agrees to establish a trust fund Lq which all payments received under this Pro.oram. including match, must be deposited. For the purposes of this grant, a trust fund is an interest bearing account that is ~'pecifically designated for this Program. On/y allov,'able program expenses can be paid from this account. This fund may not be used to pa.,,' debts incurred by other activities be.',ond the scope ofthe Local Law Enforcement Block Grants Program. The recipient also agrees to obligate and expend the grant funds in the trust fund (including match and interest earned) during the 24 month term ofthe award. Grant funds (including earned interest) not obligated bv the 2-1th month must be returned to BJA by the last da)' of the 27th month. · The recipient agrees to supplement' and not supplant state or local funds. The recipient acknowledges that failure to submit an acceptable Equal Employment Opporrunie,.. Plan (irrecipient is required to submit one pursuant to 2g CFR section 42..102), that is approved by the Or, ce for Civil Rights. is a violation of its Certified Assurances and may resur~ in funds from th.- award being frozen, until such time as the recipient is in compliance. The recipient agrees, i£the funds are used for the hiring and employing of new, additional/aw enforcement officers and support personnel, as described in the applicable purpose area of Subpart A section 101 (a)(2). that the recipient unit of local governmen: witI achieve a net ~ain in the number of law enforcement officers who per'form nonadministrative public safely service, - 14. OFFICE OF 'L'ST,CE PR~.,,.,s ' OJP ~ BJA .... ; OJIDP . ~s ,.~ Nu L~ ovc CHECK APPROP~ATE BOX PROJECT NUMBER AWARD CONTINUATION SHEET "-____J COOPER.,tTi'VE AGRE£&~EN'T PAGE ~ OF $ 12. AWARD DATE 9/30/9g S__P ECIA L CONDITIONS The recipient agrees, it'the funds are used for the hiring and employing of new, additional law enforcement officers and'. support personnel, that the units of local government will establish procedures to give members o£th,. Armed Forces who, on or after October I, 1990. were or are selected For involuntary, separation (as described in section 1141 of Title I0 United Co.de), app.roved for separation under section ] 174a or I 175 of such ti' ' · S~t sect,on 440.~ of the Defense Conversion. Reinvestment and 'r .... :.:A_ al.e, o.r reured, pursuant to the authori~ provk'.ed u es der102-484; I0 U.S.C. 1923 note), a suitable preference in the employment o£persons as additional law enforcement of'ricers or ........ ~un Assistance Act of 1992 (division D of Public La support personnel. The recipient agrees if funds are used For enhancing security, or cf[me prevention, that the unit of local government -. (a) has an adequate process to assess thc impact of'any cnhanccrnent oFa school security measure that is undertaken under subparaD'aph (B) of section 101(a)(2). or any crime prevention proD'ams that are established under subparagraphs (C) ~nd (E) of'section 10i(a)(2). on the incidence ofcr'L'ne in thc geographic area where thc enhancement is undertaken or the proDrarn is es~blished; (b) will conduct such an assessment with respect to each such enhancement or program; and (c) will submit to the Bureau of'Justice Assistance an annual written assessment report. The recipient agrees that irrior to thc obligation and expenditure oFanv Local Law Enforcement Block Grants (LLEBG) funds at least °ne (1) public hearinl,, will be hdd regarding thc ro ose ,'BhJ'eA/orrn for com~/anc,, v,.,,~.--~. ....... Po Form, ,n,ormat,on on the coat ..... ,' .... '" thro. ugh the submlss,on oFthe Follow. Up Inf'ormafi n p~ seed .use... - (s) of.the grant funds. The recipient will nrovide t~ ' ........... ~,m~ ~e~slauon and issue to the reci,~i .... n ...... ~,,~ ~.,.me neanng. BJA v,'ill review Issuance oFthe GAN. the recipient may not obligate or expend LLEBG funds. At that hearing, persons shall be given an ,-, ..... ,.,,,u,, ,",ajustmcn~ Notice (GAN). Until the opporruni .t7 to provide written and oral views to the recipient on the proposed use(s) of'the grant funds. The recipient will hold the public hearin~g at a time and place that allows and encourages public attendance and participation. //~.~'~-"-% "r o~%".,~ U S DEP.ARi'~,IE.',,T OF JUSTICE C.EC A OP JA' E .ox 9gLBVX4.~49 PROJECT NU,'qB ER AWARD CONTINUATION SHEET I__..J COOPERATIV£ AGR..EE~IENT AWARD DATE 9/30/9,~ PAGE -~OFS 15. S P ECIA...~.L CONDITiON.C, The recipient agrees that prior to the obligation or expenditure of any Local Law Enforcement Block Grants (LLEBG) funds, a designated or newly established advisor,,, board will meet to discuss the proposed (purpose area) use oft.he grant funds. The recipient w/Il designate thc advisory board to make nonbinding recommendations to the recipient to thc use of funds under the LLEBG Program. Membership on the advisor,,, board must include a representative from thc follov,'ing, however it may be broader: a) the local police department or sheriffs department; b) thc local prosecutor's office; c) thc local court system: d) the local school system; and e) a local nonprofit, educational, reIigous, or community group active in crime prevention or drug usc prevention or a'eatmcnt. The advisor-), board must review the proposed use of the funds under Se LLEBG Program. Thc recipient will provide notification to BJA, through the submission of the Follow-Up Information Form, on the advisory board. BJA will review thc form for compliance with enabling legislation and issue to the recipient a Grant Adjustment Notice (GAN). Until the issuance of the GA:i, the recipient may not obligate or expend LLEBG funds. Thc recipient has certified it is in compliance with thc Public Saferv Officers Heahh Benefits Provision (section 61 1998 Omnibus Appropriations · · : · . ~ of the FY Act) and agrees to remain tn comphance during the life of the award, This provisio the unit of local government employs a public safety of'ricer ('as defined by section 1204 of Title I of the Omnibus Crime v,'hich requires Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result ora personal injury, sustained in the line ofdury while responding to an emergency situation or a hot pursuit (as such terms are defined by State law) with the same or belier level ofhealth insurance benefits at thc t/me of retirement or separation as they received while on duty. Criminal Intelligence Systems operating with suppom of Federal funds, must comply with 28 CFR., Pan 23, if the recipient chooses to implement t.his project. GRANTEE ACCEPTANCE OF SPECIAL CONDITIONS ,~T':'E ~ F: OFFICE OF JU~TI~'E PROGAAMS i G~NT MANAGER'S MEMO~NDUM PT 1' - ' i ~ Om X' ~ I~ O~]DP ~ PROJECT SUMMARy fie oC~,e Ommbua Crime Consol ~d Safe This project is supported under Lhc J'uvcnilc Justice ~cl Dclinqucncy Prcvcntion Act of 1974 .~s amended Other: Omnibus ^ppropna[ion .Act of 19<)8 I. STAFF CONTACT (N~mc. address & telephone number) 2. PROJECT DIRECTOR ('Namc.,dd~ss/.. Iclcphonc number) GranLs Adminlst~alion Bra~ch LLEBG Division. BJ'A 810 ?~ S~'ecL NV,'. 41~ Floor Wzshinilon. ~ 20531 (202)305-2088 TITLE OF THE PROGRAM Crystal Kinzcl Finance Director Coun~ of Collier 3301 Tamiami Trail E~I Nc, pies. FL .14112 (941)793-9374 Law Enforccmcn! Block Gtanu Program 4. TITLE OF PROJECT Local L~w Enforcement Block Grants Progr'~'n. 1998 l.lb. POMS CODE LE O$. NAME & ADDP,~SS OF GR.~,"TEE Counb, of Collier 3301 T~i~i Trail Naptcs. FL 34112 7. PR~M PE~O~ NIA 09G0~000 6. NA.ME & ADDRESS OF SUBGPu%'~TEE 8. BUDGET PERIOD FRO,M: 10/01/1~98 10. DATE OF AW^RD TO: 09/30~000 9/30/98 12. SECOND YEAJUS BUDGET AMOU'NT N/A 14.TH/R.D YEAR'S BUDGET AMOL,'NT I$. SUMM..~q.y DESCRIPTION OF PROJECT Thc Local Law En£orcemcnl Block Gr;m~s Program w~s authorized by ~e ~nibus Fiscal Yc~ 1998 Appropriations Ack Public Law 10~-119 for providing uni~ oHocaI lo,eminent with ~nds m undce~mc projccu ~o r=duce crime ~d improve public :aCcD.. ~c Bu~au o~Iustice Assis~cc ~ill make direc: aw=ds to uni~ oFlocal iovcmmcnz ~hen ~-~ ~oun~ ~ a~ le~ SI0.000 ~o be uscg consisrcm wi~ ~c s~atu~o~ ptolr~ pu~osc ~ s~cific~ in scc~i0n 101~) (21. ~c Coun~ orCollier h~ indicalcd ~.a: il intends [o dis~butc iu Loc~ Law Enforccmcnl Block O~u ~nds under ~c following pu~sc (lc) Equipment S366.900 Codified comp/i~ce, punuant ~o section 615. PuNic SafeD, O~ce~ Hc~ Bcnefiu provision. NC,.'NCF OJP FOR.,",,! 4000,'1 (REV. 4-88) PREVIOUS EDITIONS ,,~LE OBSOLETE Office of Justice Programs Office for Civil Rights September 30, 1998 Barbara Berry, Court ,ty Board Chairperson County of Collier Naples, FL 3,4112 Dear Local Law Enforcement Block Grantee: Congratulations on your recent award. Because you have submitted Certified Assurance that your agency is in compliance with applicable civil r/ghts laws, this office has determined that you have met this requirement in the Department of'Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. sec. 42.204, Applicants' obligations). As Director of the Office for Civil Rights (OCR). Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, 14, and 15, as the grant goes forward. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency, p/ease fo~'ard a copy of such order or consent decree, as required by Assurance No. 14. to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 7th Street, N.W., 'vVashington, D.C. 20531. (I) If you have already submitted an EEOP as part of another award&ore..the.Office_ Justice Programs (OJP)dur/ng this grant period, or ifyou have cert/Oed th~.t n~E .~.~-'" is required, it is not necessary for you to submit another at this time.'Simply sehtd' copy of the letter vou receiv;d from OCR showing that your EEOP Or certlf~ti,~n:is ..... acceptable. ' . Additional Instructions For Grantees Receiving $500,000 Or More: In accordance with Assurance No. 15, and as a recipient o£$500,000 or more (or $ 1,000,000 in an 18-month period), and has 50 or more employees, the recipient must submit an Equal Employment Opportunity Plan (EEOP) within 60 days from the date of this letter to OCR at the address cited on page I. ' Altemativelv, the erantee may choose to complete an EEOP Short Form, in lieu of sending its c~wn co~mprehensi~.e EEOP, and return it to OCR within 60 days of the date ofthis letter. TI,~3 easy-to-fo/low EEOP Short Form reduces paperwork and prepa, ration time considerably and will ensure a quicker OCR review and approval. The enclosed Seven. Step Guide to the Design and Development of an EEOP (which includes a Certification Form and an EEOP Short Form) will assist you in completing this requirement. NOTE: If agency has under 50 employees, regardless ofamount ofaward, no EEOP is required; howe,,er, grantee must return applicable portion of Certification Form to OCR within 60 days. PURSUANT TO THE SPECIAL CONDITION REG,aJ:LD/NG EEOP'S GOVERNI'NG THIS AWARD, IKECIPIENT ACICN'OWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSUIL~,NCES AN'D MAY RESULT I-N SUSPENSION OF DRAfT)OWN' OF FU,'NDS L%'TIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving $25,000 Or M'ore, But Under 5500,000: Pursuant to Department of.rustice regulations, each grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunit?. Plan (EEOP) on file for review by OCR upon request. Moreover, if the grantee is awarded $I,000,000 in an eighteen il 8) month period, it must submit an acceptable EEOP to OCR. Please complete the applicable section of the attached Certification Form and return it to OCR within 60 days of the date of this letter. NOTE: If agency has under 50 employees, regardless ofamount ofaward, no EEOP is required: ho,.vever, grantee must return applicable portion of Certification Form to OCR withia 60 days. Additional Instructions For Grantees Receiving Under $25,000: A recipient of under 525,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. Instructions For All Grantees: In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their work.force, are subject to the prohibitions againsi · discrimination in any funded program or activity. OCR may require all recipients, th. rou~ selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment (2) are in compliance with equal employment opportunity requirements. Ifyou have any questions or need additional assistance, please call the Office o£Civil Rights at (202) 307-0690. Sincerely, Director,'Offic~ for Civil Rights Enclosure (2) The employment practices ofcertain Indian Tribes are not covered bv Title VII of the Civil Rights Act of 1964, 42 U.S.C. t .... EXECUTIVE SUM24ARY RECOMMENDATION TO APPROVE THE USE OF CONFISCATED TRUST FUNDS TO PURCHASE CRIME PREVENTION MATERIALS. OBJECTIVE; TO seek appropriation of $10,500.00 from the Confiscated Trust Fund to support the procurement of materials to be used for crime prevention. CONSIDERATIQN$; The Sheriff's Office by virtue of Section 932.7055 (4) (c) (1), is seeking Board authorization for the appropriation of funds to restock hurricane re-entry stickers and buttons. The crime prevention supplies are cost effective and will benefit the residents of Collier County. F~$CAL IMPACT: $10,500.00 for these expenditures is available from Confiscated Trus~ Fund additional carryforward (602°919010-489200). The amendment increases the budget in Misc./Other Operating Supplies (602- 611010-652990) by $10,500.00. GROWTH IMPACT: No recurring costs for subsequent years. ORECOM24ENDATION: That the Board of County Con=nissioners approve the budget amendment for the use of funds for the procurement of materials for crime prevention purposes. CERTIFICATION OF CONFISCATED TRUST FUND REQUEST This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.7055 {4) (a) Florida Statutes to be used for crime prevention. PREPARED BY: APPROVED BY: DATE: a:ctf.hst Cryst~ K. Kinzel, Finance Direc~r Don~H~.n. t e~ Sherift OctQber 9, 1998