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Agenda 07/27/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 27,2004 9:00 AM Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Craig Canfield, Eagle's Nest Worship Center 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. June 8, 2004 - BCC/Regular Meeting C. June 22, 2004 - BCCIRegular Meeting D. June 29, 2004 - BCC/Special Meeting E. June 29, 2004 - BCC/Budget Hearing F. June 30, 2004 - BCCIBudget Hearing 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation to recognize August 3rd, 2004 as National Night Out In Collier County. To be accepted by Corporal Ray Erickson, Crime Prevention Unit of Collier County. 5. PRESENTATIONS A. Presentation by the United States Coast Guard Auxiliary to the Collier County Emergency Department and Collier County Citizen Corps for the tremendous assistance in helping volunteer organizations promote the goals and missions of the United States Coast Guard Auxiliary throughout Collier County. To be accepted by Jim VonRinteln, Collier County Emergency Management. B. Award to Sharon Downey, RSVP Project Director, for the Helen K. Fallert Award for Exemplary services to the elderly in Southwest Florida. Presented by Leigh Wade, Executive Director, Senior Solutions, Inc. 6. PUBLIC PETITIONS A. Public Petition Request by Patrick J. Lee to discuss air show to be held at the Immokalee Airport in 2005. B. Public Petition Request by Del Ackerman to discuss painting standards relating to Del's 24-Hour Store on Bayshore Road. C. Public Petition Request by Herman Haeger to discuss operational costs imposed by Collier County Code Enforcement Board. D. Public Petition Request by David E. Bryant to discuss Lely Community Development District/Security Resolution. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2004-AR-5798, Richard Rundle, representing Jim and Connie Adams, requesting two variances from PUD Ordinance 82-80, Imperial West PUD for a proposed single-family residential structure: a 1.8 foot variance from the required 20 feet separation between principle structures or one half (112) the sum of the heights of the adjacent structures, which ever is greater, to 18.2 feet on the east side of Lot 46 Park Place West and a four foot variance from the required 20 foot separation to 16 feet on the west side of Lot 46. The property to be considered for the Variance is located at 1155 Imperial Drive, further described as the Lot 46, Park Place West, in Section 15, Township 48 South, Range 25 East, Collier County, Florida 8. ADVERTISED PUBLIC HEARINGS A. This is a companion item to 10J. This item is continued from June 22,2004. Public Hearing to consider adoption of an Ordinance establishing The Quarry Community Development District (CDD) pursuant to section 190.005, Florida Statutes (F.S.). B. This item to be heard at 3:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommend that the Collier County Board of County Commissioners (BCC) approve a resolution adopting the seven year Evaluation and Appraisal Report (EAR) of the Collier County Growth Management Plan for transmittal to the Department of Community Affairs (DCA) for sufficiency review according to the procedures and criteria outlined in Section 163.3191, Florida Statutes, Evaluation and Appraisal of Comprehensive Plan. C. Petitioner has requested that this item be continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-2003-AR-4250: Golden Gate Fire Control and Rescue District and Waterways Joint Venture IV, represented by Karen Bishop, of PMS, Inc. of Naples, and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., requesting a rezone from the Rural Agricultural (A) zoning district to the Mixed Planned Unit Development (MPUD) zoning district, to allow development of a fire station with a 135- foot high communication tower and a 75-foot high training facility, and sixteen (16) single-family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence) and customary accessory uses. Property is located on the west side of Collier Boulevard (C.R. 951), approximately 340 feet north of Wolfe Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 9.38:1: acres. D. Recommendation for the adoption of a Resolution applying the Annual Mid-Cycle Indexing adjustments to amend the Parks and Recreational Facilities Impact Fee rate schedule, which is Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County Consolidated Impact Fee Ordinance No. 2001-13, as amended); providing for an effective date of August 2, 2004 E. Documents for this item are available for review in the Zoning and Land Review Department (see Russell Webb). Recommendation to approve an ordinance amending the County's recently recodified Land Development Code (LDC aka UDC) to correct scrivener's errors prior to final publication and to amend existing and still effective LDC provisions pertaining to political signs and charitable solicitations in road rights-of-way. F. Documents for this item are available for review in the Zoning and Land Review Department (see Russell Webb). Recommendation to approve an ordinance amending the County's Code of Laws and Ordinances (Code or Code of Laws) to relocate existing Land Development Code (LDC) provisions into the Code of Laws, to amend existing Code of Laws Provisions pertaining to the SHIP Program, and to delete duplicative code provisions no longer required. G. Petitioner has requested that this item be continued indefinitely. Petition SNR-2003- AR-4982, Bill L. Neal, representing Bayshore Beautification Municipal Special Taxing Unit, requesting a street name change from Bayshore Drive to Botanical Garden Parkway, located in Sections 11, 14,23 & 26, Township 50 South, Range 25 East. 9. BOARD OF COUNTY COMMISSIONERS A. Discussion regarding Status Report from the Collier County Citizens Corps. (Commissioner Coletta request) B. Appointment of members to the Community CharacterlSmart Growth Advisory Committee. C. Discussion regarding land development restrictions in Plantation Island. (Commissioner Coletta's request.) 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board adopt the proposed FY 2005 Millage Rates B. It is recommended this item be continued to the September 14, 2004 BCC Meeting. Recommendation to review a proposal from Southwest Heritage Inc., to lease the Naples Depot as a branch facility of the Collier County Museum. (Marla Ramsey, Interim Administrator, Public Services) C. That the BCC approve the MPO's FY 2004/05 operating budget in the amount of $701,230 and all associated future budget amendments to a maximum amount of $1,324,934. (Norman Feder, Administrator, Transportation Services) D. Recommendation to consider a request from the developer of Ave Maria University to expand the limits of the County's FEMA-related Base Flood Elevation study, being done by Tomasello Consulting Engineers, to include the Fakahatchee Strand Drainage Basin, which is where the AVE MARIA Stewardship Community District is situated. (Joe Schmitt, Administrator, Community Development) E. Recommendation to approve the Agreement for Haldeman Creek Disposal with Lakeview Drive of Naples, LCC, a Florida Limited Liability Company. (Norman Feder, Transportation Administrator) F. This is a companion item to Item 10G. This item to be heard at 1:00 p.m. Recommendation to award a construction contract in the amount of $32,999,885 to Magnum Construction Management Corp. dlb/a MCM Corp. and reserve $2,397,500 in funding allowances to construct 6-lane road improvements and a grade separated overpass on Golden Gate Parkway generally between Airport-Pulling Road and Livingston Road, Project No. 60006, Bid No. 04-3653, Fiscal Impact $35,397,385. (Norman Feder, Administrator, Transportation Services) G. This item to be heard immediately following Item 10F. Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITQ 04-3583 "CEI Services for Collier County Road Projects" for Project No. 60006 "Golden Gate Parkway Grade Separated Overpass and Appurtenances, Bear's Paw to Livingston Road" in the amount of $2.367,811.00 (Norman Feder, Transportation Division, Administrator) H. This is a companion item to Item 101. Recommendation to award a construction contract in the amount of $35,379,910.53 to APAC-Southeast, Inc. and reserve $2,225,000 in funding allowances to construct road and utility improvements on Vanderbilt Beach Road, from Airport-Pulling Road to just east of Collier Boulevard; Project No. 63051; Bid No. 04-3675; Fiscal Impact $37,604,910.53 (Norman Feder, Administrator, Transportation Services) I. This item to be heard immediately following Item 10H. Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITQ 04-3583 "CEI Services for Collier County Road Projects" for Project No. 63051 "Vanderbilt Beach Road Six- Laning Project from Airport Road to Collier Boulevard" in the amount of $2,074,542.00 J. This is a companion item to 8A. Recommendation to obtain Board approval of a Developer Contribution Agreement between Bayvest, LLC, and Centex Homes (collectively the "Developer"), and the County, with respect to the Heritage Bay Development. THE Agreement: (1) implements certain impact fee credits set forth in a PUD Document and DRI Development Order, which were respectively approved by the County on July 29, 2003, INCLUDING REQUIRING the Developer to pay to the County within 45 days of the date of the Agreement the first $5,000,000.00 of the Heritage Bay road impact fees; (2) supplements the PUD, in that with respect to the southern boundary of the property adjacent to Immokalee Road, and 1.5 MILES OF the western boundary of the property adjacent to the Collier Boulevard planned extension, instead of separate sidewalks and bike lanes as required by Section 3.2.8.3.17 ofthe LDC, Developer shall construct a ten-foot asphalt greenway type path, OR MAKE PAYMENT TO THE COUNTY IN LIEU OF SUCH CONSTRUCTION; AND (4) further memorializes a number of Developer commitments previously made in the PUD. (Norman Feder, Administrator, Transportation Services) K. Recommendation to approve Professional Services Agreement No.04-3553 in the amount of $2,264,000 with CH2MHILL, Inc., for the design of Collier Boulevard improvements from US41 to Davis Boulevard, Project No. 60001. L. Recommendation to award "Annual Contract for Manhole and Lift Station Rehabilitation Contracting Services" to selected firms, Bid 04-3660, Project 73051 for $2,588,397.00. M. Recommendation to award to Diversified Drilling Corporation, Bid No. 04-3663, North County Regional Water Treatment Plant Water Supply Wells - Well Drilling Services up to an amount not to exceed $3,207,613; Projects 710061 and 710111. N. Recommendation to approve the award of Bid #04-3670 in the amount of $3,275,650 for a Construction Contract with DeAngelis Diamond Construction, Inc. for the construction of the North Naples Government Services Center and to approve a Budget Amendment for $746,274. O. Request for the Board of County Commissioners to terminate a contract for the construction of the South County Regional Water Treatment Plant (Contract 01-3194). (Item 12B to be heard immediately following this item.) P. Recommendation to Waive Formal Competition and Award a Contract to Wharton- Smith Inc. Construction Group to Complete the Construction of the 8 MGD RO Expansion at the South County Regional Water Treatment Plant for an Interim Amount not to exceed $3,000,000. Q. Recommendation to deny the request by Waterways Joint Venture IV for a refund of Transportation Impact Fees totaling $217,830 for the Summit Place project. (Joe Schmitt, Administrator, Community Development) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Direct desired action by the Office of County Attorney in two code enforcement lien foreclosure actions entitled Collier County v. Anthony J. Varano, Jr., Case Nos. 99-4226-CA and 00-3430-CA. B. Recommendation for the Board of County Commissioners as the Ex-Officio Governing Body of the Collier County Water-Sewer District to Authorize and Ratify a Lawsuit Against United Engineering Corporation and United Engineering Corporation's Surety, National Union Fire Insurance Co., for Liquidated Damages and Consequential Damages Arising from Material Breaches by United Engineering Corporation in Performing the Contract for the South County Regional Water Treatment Plant 8-MGD RO Expansion (Contract/Bid No. 01-3194). (Item 10P to be heard immediately following this item.) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AREA 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ----------------------------..----..-..-----------------..--------------.....--------------..-----------..-----------------------..----------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11,600(Avatar Properties, Inc). 2. Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11,600 (Stewart). 3. Recommendation to approve an Agreement for Sale and Purchase of 2.73 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $31,100 (Zak). 4. Recommendation to approve an Agreement for Sale and Purchase of 3.79 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $39,200 (Beardsley). 5. Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land AcqUisition Program, at a cost not to exceed $11,600 (Beardsley, Trustee). 6. Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11,600 (Cassidy). 7. Recommendation to approve an Agreement for Sale and Purchase of 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $16,000 (Hamilton). 8. Recommendation to approve an Agreement for Sale and Purchase of 2.27 acres under the Conservation Collier Land AcquiSition Program, at a cost not to exceed $26,100 (Hanson). 9. Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11,600 (McBride). 10. Recommendation to approve for recording the final plat of "Milano", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 11. Recommendation to approve payment to attend function serving a valid public purpose. Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Camelot Park". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Lalique". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Villa Fiorenza". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County Recommendation to approve for recording the final plat of "Cayo Costa, Unit Two", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security Recommendation to approve a mortgage and promissory note for a two hundred twenty-eight thousand ($228,000) dollar loan to the Collier County Housing Authority. Recommendation to approve the proposed amendment to the current interlocal agreement between Collier County and the Economic Development Council of Collier County and the related budget amendment that transfers the previously approved funds. Recommendation to approve for recording the final plat of "Milagro Place" Recommendation to approve the request to have the Collier County Board of County Commissioners authorize an amendment to resolution 2004-97 which established a fee schedule of development related review and processing fees as provided for in division 1.10 of the Collier County Land Development Code. Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Glen Lake Estates". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County Recommendation to approve the Satisfaction of Liens for Code Enforcement Board Case No. 2000031, 2001-005, 2000-049, 2003-028, 2000-024 and 2001. 083. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Recommendation to approve one (1) impact fee reimbursement requested by Goodlette Road Limited Partnership, totaling $415,326.10, due to building permit cancellation Recommendation to approve one (1) impact fee reimbursement, requested by Vineyards Development Corporation, totaling $1,264,080, due to an overpayment of Water and Sewer Impact Fees on Building Permit No. 2004- 050308 Recommendation to approve Satisfaction of Lien for Code Enforcement Board Case No: 2003-041 Recommendation to approve for recording the final plat of "Pine Air Lakes Unit Five", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security Approval of Contract 04-3682, in the amount of $69,330, with Tindale-Oliver and Associates, Incorporated for consultant services for a Law Enforcement Impact Fee Study 23. 24. 25. 26. B. TRANSPORTATION SERVICES 1. Recommendation to award Bid No. 04-3603R - "Purchase of Lime-Rock and Fill Material" to Aggrisource, Youngquist, Florida Rock, Southern Sand and Stone, Inc. for the estimated annual amount of $500,000 2. Recommendation to approve the establishment of a Neighborhood Traffic Management Program (NTMP), Traffic Calming Project, to address a Lely Civic Association, Inc. generated request via the adoption of Traffic Management Petition Number NTMP-04-01, for installation of traffic calming devices on Forest Hills Boulevard and Pebble Beach Boulevard. 3. Recommendation to approve fiscal year 2004 reserve funds to be used to advance fiscal year 2005 landscaping funds into fiscal year 2004 with reinstatement of the reserve funds in fiscal year 2005 from the landscaping budget in the amount of $274,059. 4. Recommendation to approve a Developer Contribution Agreement between FFT Santa Barbara I, LLC, a Florida limited liability company, and Gertrude Abele, Trustee, hereinafter collectively referred to as "Developer," and the County. 5. Recommendation to endorse proposed roadway functional classification designations for Immokalee and Marco Island "Urban Cluster" Areas of Collier County 6. Recommendation to Award Bid #04-3674 "Airport-Pulling Road MSTD Roadway Grounds Maintenance" at a yearly cost of $123,875.00 7. Recommendation to approve a landscape installation and maintenance agreement between Longshore Lake Foundation, Inc and Collier County for landscaping and wall installation within the right-of-way on Logan Boulevard at no cost to the County. 8. Recommendation to approve exemptions and variances to the Land Development Code (sidewalks). 9. Recommendation to the Board to approve, sign and execute an Agreement between Collier County and the Commission for the Transportation Disadvantaged for funds in the amount of $428,549.20 for the provision of transportation for qualified Medicaid recipients 10. Recommendation to approve a donation from the Lely Golf Estates Civic Association to the Lely Golf Estates Beautification MSTU in the amount of $7395.12 for 50% of the refurbishment cost of the MSTU's entrance monuments 11. Recommendation to approve the Transportation Division to provide a one time grading and lime rock for South 8th Street & Doak Avenue in Immokalee thereby making the roads passable for emergency vehicles such as police, fire and EMS. 12. Recommend Board's approval of Adopt-A-Road Agreements (6) for the following: Buzz Hill State Farm, Dance Universe-Miss S.W. Florida USA, Lori Young-South Bay Realty and Swiss Team Enterprises, Inc. 13. Recommendation to approve Change Order No.1 to Douglas N. Higgins, Inc. for the Palm Street Outfall Project (Project No. 51804) in the amount of $71,402.50. 14. Recommendation for Board to accept grant funds from South Florida Water Management District for the Haldeman Creek Dredging Project in the amount of $500,000, Project Number 51011. 15. Recommendation that the Board approve a Budget Amendment recognizing revenue received from the Florida Department of Transportation under an annual maintenance agreement for traffic signals and streetlights. 16. Recommendation to award a contract in the amount of $297,250 to Aquagenix for the 2004 Australian Pine Removal Project (Project No. 51501), and approve a budget amendment to transfer funds in the amount of $148,250. 17. Recommendation that the Board authorize a speed limit change from fifty-five miles per hour (55 MPH) to forty-five miles per hour (45 MPH) on Oil Well Road from Corkscrew Middle School to 2600 feet east of Everglades Boulevard, for a distance of approximately three (3) miles, at an approximate cost of $600.00. 18. Recommendation to approve a landscape installation and maintenance agreement between Naples Botanical Garden, Inc. and Collier County for landscaping and irrigation installation within the right-of-way on Thomasson Road at no cost to the County. 19. Recommendation to Approve Contract for RFP #04-3571, "Green Boulevard Extension Corridor Study," (Project Number 62024) in the Total Amount of $277,058 20. Recommendation that the Board approve a contract between ConsulTech, Inc. and Collier County for System Manager Engineering Services related to Construction Inspection and Implementation Oversight for the construction and implementation of the Advanced Traffic Management System (ATMS) Phase II project, with costs to the County reimbursed by the Florida Department of Transportation. 21. Recommendation to the Board to approve a rate increase for the Transportation Disadvantaged Program 22. Recommendation that the Board approve a contract with Young's Communications Co., Inc., and Kent Technologies, Inc. for Conduit and Pull Box installation related to communications cable for the Advanced Traffic Management System (ATMS) Phase II project, with costs to the County reimbursed by the Florida Department of Transportation. 23. Recommendation to Approve Contracts for RFP 04-3645 "Real Estate Appraisal Services" 24. Recommendation to authorize repairs to a surface water pumping station in the East Naples area not to exceed $20,000.00 and to accept an agreement between Collier County and Lely Civic Association, Inc. & Lely Country Club P.O.A. for perpetual operation and maintenance responsibilities of said pump to Lely Civic Association, Inc. & Lely Country Club P.O.A. C. PUBLIC UTILITIES 1. Recommendation to award Bid Number 04-3624 to AAA Generator & Pump Inc. for the purchase of generators by the Water Department in the estimated amount of $110,682.00. 2. Recommendation to award Bid Number 04-3626 to E.A. Waetjen, Incorporated for the purchase of a lock and access system for use by the Water Department in the estimated amount of $125,000. 3. Recommendation to approve Budget Amendment in the amount of $720,000 to fund operating expenses for electricity and chemicals at the North County Regional Water Treatment Plant. 4. Recommendation to approve and authorize execution of two Utility Easements and various other transaction documents relative to the Golden Gate Wellfield Reliability Improvements Project at a cost not to exceed $164,286.00. 5. Recommendation to Award Surplus Bid No. S04-3594 for one 250 KW Generator to E.B. Simmonds Electrical Inc. 6. Recommendation to approve the well relocation agreement between Centex Homes and Collier County Water-Sewer District, and approve the necessary budget amendment. 7. Recommendation to approve Work Order # MP-FT-04-04 under Contract #00- 3119 with Malcolm Pirnie, Inc. in an amount not to exceed $350,000.00 to provide Project Management Support Services for the Northeast Regional Water Treatment Plant and Water Reclamation Facility, Project Numbers 70902 and 73156. 8. Recommendation to award Contract #04-3672 to Encore Construction Company to construct the Goodland Water Booster Pumping Station upgrades, in the amount of $690,000, recognize additional carry forward, and approve the necessary budget amendment. 9. Recommendation to approve execution of a Letter of Agreement to provide consulting services, not to exceed $18,067.50, for the evaluation of a Utility Agreement between Collier County and the City of Marco Island. 10. Recommendation to adopt a Resolution authorizing the acquisition of Temporary Beach Restoration Easements required for the Collier County Beach Restoration Project and Management Plan at a cost not to exceed $2,000; Project 905271. 11. Recommendation to approve a change to a work order, under contract # 01- 3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning & Engineering Inc., for Work Order CPE-FT-03-08, Permit Comment and Response, Project 90527, for an additional $30,000. 12. Recommendation to approve Amendment 2 to Work Order CDM-FT-03-02 under Contract #00-3119 for engineering services related to adding one new public water supply well (Well 33) to the Tamiami Wellfield at a cost amount not to exceed $52,286; Project 70158. 13. Recommendation to award Bid No. 04-3592 - "Collection Agency Services for Collier County Utility Billing & Customer Service" to the three (3) bidders with the lowest collection rate at an estimated annual cost of approximately $50,000. 14. Recommendation to approve Work Order ICTSCADA-REV-04-001 under Contract 04-3536 to Revere Control Systems for Instrumentation, Controls and Electrical'nstallation Services related to Manatee Road SCADA Upgrade in the amount of $105,330, Project 70124. 15. Recommendation to amend Work Order MAC-FT-04-01 under Contract 03- 3484 to McKim & Creed Engineers for Implementation and Integration Engineering Services related to Control and Telemetry Upgrades for Carica, Vanderbilt and Barefoot Water Distribution Pump Stations and for Water SCADA System Broadband Wide Area Network in the amount of $188,650, Project 70124. 16. Recommendation to approve the Settlement Agreement with Ricky and Christina McAleer (North Hawthorn Wellfield Water Supply Transmission Mains Project No. 700751). 17. Recommendation to award to Golden Gate Well Drilling, Inc., Bid No. 04-3683, Golden Gate Wellfield Reliability Improvements - Tamiami Wellfield Drilling Services up to an amount not to exceed $90,950 per well; Project 70158 18. Recommendation to approve a Work Order, under Contract # 01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Taylor Engineering for the 2004 Monitoring of Marco Island, Project 90542, in an amount not to exceed $78,916 19. Recommendation to approve conveyance of an Easement to Florida Power & Light Company required in conjunction with the construction of an improved Solid Waste Operations Center at a cost not to exceed $18.50, Project Number 59005. 20. Recommendation to approve a Budget Amendment for $250,000, and authorize Public Utilities Administrator to execute Work Order # PSI-FT-04-02, to PSI, Inc under Contract NO. 03-3427 "Environmental Engineering, Remediation and Restoration Services for Collier County" to complete Phase I of The Cells 1 and 2 Restoration project at the Naples Landfill in an amount not to exceed $250,000. D. PUBLIC SERVICES 1. Recommendation to Award Bid No. 04-3668, "Refurbishment of a 25 ft. Boat" (dollar amount $67,441.21) 2. Recommendation to approve amending Resolution 03-244 for Collier County EMS User Fees. 3. Recommendation to approve an Agreement with the Collier County Child Advocacy Council, Inc. (CCCAC) to provide for mandated services identified under Florida Statute 39.304(5). 4. Recommendation to award RFP No. 04-3618 "Tigertail Beach Water and Beach Concession" with an anticipated revenue of $12,000 to Recreational Facilities of America, Inc. for FY 05 5. Recommendation to approve a purchase in the amount of $31,896.12 for bleachers from Seating Constructors USA 6. Recommendation to approve a residential license agreement for the law enforcement officer residence at Sugden Regional Park 7. Recommendation to approve a purchase in the amount of $67,398 for replacement of turf maintenance equipment from Wesco Turf, Inc. 8. Recommendation to approve the Home Care for the Elderly budget amendment and continuation grant in the amount of $97,359 and authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., DIBIA Senior Solutions of Southwest Florida. 9. Recommendation to approve the Alzheimer's Disease Initiative continuation grant in the amount of $105,706 and authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. 10. Recommendation to approve the Community Care for the Elderly continuation grant in the amount of $614,132 and authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., DIB/A Senior Solutions of Southwest Florida. 11. Recommendation to purchase a rubberized natural grass field process for a soccer field at Vineyards Community Park from Turf Solutions Southeast at a cost of $30,000, to be funded by the Waste Tire Grant Program E. ADMINISTRATIVE SERVICES 1. That the Board of County Commissioners award Bid No. 04-3621 Alarm Monitoring Services to Dehart Alarms for monitoring of fire and burglar alarms. Estimated annual monitoring cost is $25,000. 2. Recommendation to award Quote # 04-0333 under contract # 02-3349 in the amount of $107,229.90, "Main Lobby Renovations of the Collier County Courthouse" to Surety Construction Co. 3. Recommendation to approve an agreement between the American Red Cross and the Board of County Commissioners to provide training to Collier County employees to become "American Red Cross Health and Safety" certified instructors and authorized providers of first aid, CPR, and other health and safety education programs. 4. Recommendation to approve additions to the 2004 Fiscal Year Pay and Classification Plan made from May 15, 2004 through July 9, 2004. 5. Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. 6. Recommendation to award a quote under Contract # 02-3349 in the amount of $74,818.00, "Toilet Renovations for Building F" to Surety Construction Co. 7. Report to the Board of County Commissioners concerning the sale and transfer of items associated with the county surplus auction of July 10, 2004, resulting in $9,526.60 in net revenues. 8. To approve a Budget Amendment for $66,382.00 for General Capital Improvement Maintenance Project (Fire Alarm upgrades for Government Center campus). (52525) 9. Recommendation to approve budget amendment to recognize revenues and appropriate expenditures in the Purchasing Department budget 10. Recommendation to approve a Lease Agreement with Nextel South Corporation granting use of rooftop space atop Building 'L' for annual revenue of $30,000 and a first year, one-time contribution of $10,000. 11. Recommendation to ratify approval of a letter designating the Collier County Early Literacy and Reading Partnership for Educational Success as the Local Council for the Early Learning Opportunities Act Discretionary Grants Program of the United States Department of Health and Human Services. 12. Recommendation to declare certain county-owned modular furniture pieces as surplus and authorize staff to properly dispose of these items. 13. Recommendation to Approve the Advisory Committees Outstanding Members Service Award Program F. COUNTY MANAGER 1. Summary of Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. Per Resolution Number 2000- 149, "Approval of this Agreement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification of that Board." 2. Recommendation to Approve Three (3) Tourist Development Category "C-2" Grant Applications and Three (3) Tourism Agreements for Naples Botanical Garden $217,650; The Conservancy of SW Florida $100,000; City of Naples $50,000; Totaling $367,650 for FY 05 and Approve the County Owned Museum Funding Request of $1,276,900, and.Direct Staff to Prepare Amendment to Ordinance 92-60 to Include Municipally-Owned Museums for C-2 Grants. 3. Recommendation that the Board of County Commissioners adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non-ad valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, U.S. 41 berm, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit 4. Recommendation to approve a Tourist Development Category "A" FY 05 Grant Application and a Tourism Agreement Submitted by the City of Naples for Monitoring of Doctors Pass in the Amount Of $10,580. 5. Recommendation to approve special assessments as requested by the Florida Association of Counties (FAC) for legal proceedings on Department of Juvenile Justice Cost Shift and Additional Homestead Exemption Constitutional Amendment in the total amount of $19,188. 6. Summary of 17 Fund 195 Tourist Development Category "A" Grant Applications and Corresponding Tourism Agreements and other Tourist Tax Funded Expenditures Totaling $24,724,568 for FY 04/05 . 7. Recommendation to Approve an Interlocal Agreement between Collier County and the City of Naples Establishing Office Space for our Collier County Film Commissioner Within the Norris Community Center at $350.00 Per Month for use of the Premises. 8. Recommendation to Direct Staff to Prepare an Amendment to Ordinance Number 92-18 Eliminating the Non-Voting Position from The Tourist Development Council 9. Approve a Budget Amendment to Recognize and Appropriate $14,400 of Isles of Capri Fire District Impact Fee Revenue 10. Approve a Budget Amendment to Recognize and Appropriate $30,000 of Unanticipated Revenue from the Isles of Capri Fire District Inspection Fees. 11. Approval of Budget Amendment Report. 12. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $6,000,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the acquisition of the Arthrex Building for the County Transportation Division; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. 13. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $21,400,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the acquisition of certain real property within the County, collectively known as America's Business Park, including the reimbursement of certain expenses incurred by the County in connection therewith, if necessary; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. 14. Recommendation to approve contract for RFP 04-3607 with Public Financial Management, Inc., (PFM) for Financial Advisory Services G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AREA 1. Authorize the Airport Authority to accept a grant from the Federal Aviation Administration in the amount of $245,889 for the construction of a parallel taxiway at the Everglades Airpark H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Halas request for Board approval for payment to attend a function serving a valid public purpose. Attend the Greater Naples Chamber of Commerce 2004 Annual Trade Show, August 25, 2004 at the Naples Beach Hotel; $15.00 to be paid from Commissioner Halas' travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Request authorization to file the State of Florida Annual Local Government Financial Report for the Fiscal Year 2002-2003 as required by Florida Statute 218.32. K. COUNTY ATTORNEY 1. Recommendation to authorize staff to prepare and submit an application for the lease of submerged land (aquaculture) from the State of Florida for one or two acre plots for marine research in aquaculture. 2. Recommendation to approve a Partial Release of Lien imposed in Resolution No. 2000-373, Resolution No. 2003-279 and Resolution No. 2003-407, relating to code enforcement violations on property owned by Mr. Leonard Wisniewski. 3. Recommendation to have the Board Approve the Stipulated Final Judgment Relative to the Acquisition of Parcels 179 and 179T in the Lawsuit Styled Collier County v. Dr. Francisco O. Cortina, et al., Case NO. 00-0936-CA (Golden Gate Boulevard Project #63041). 4. Recommendation to approve the Mediated Settlement Agreement as to Parcels 739 and 839 in the lawsuit styled Collier County v. Nancy L. Johnson Perry, et al., Case No. 03-2373-CA (Golden Gate Parkway Road Project 60027). 5. Recommendation to approve the Stipulated Final Judgment as to Parcel 138 in the lawsuit styled Collier County v. John Aurigemma, et aI., Case No. 04- 344-CA (Vanderbilt Beach Road Project 63051). 6. Recommendation to approve the Agreed Order Awarding Guardian Ad Litem Fees as to Parcel 326 in the lawsuit styled Collier County v. Agnaldo DeLima, et aI., Case No. 00-1967-CA, Golden Gate Blvd. II Project 63041 (total cost of $489.00). 7. Recommendation to approve the Stipulated Final Judgment as to Parcel 146 in the lawsuit styled Collier County v. Elizabeth D. Bloch, et al., Case No. 03- 2403-CA (Golden Gate Parkway Project 60027). 8. Recommendation to Approve Stipulated Final Judgment Relative to the Acquisition of Parcel 114 in the Lawsuit Styled Collier County v. Marian H. Gerace, as Successor Trustee, et al., Pine Ridge Road Project #60111. 9. Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance certain costs of construction, renovation and equipping of community, recreational, and social service facilities for the YMCA of Collier County, Inc. and to refund currently outstanding indebtedness for eligible expenditures. 10. Request by the Collier County Industrial Development Authority for updated approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance manufacturing facilities for The March Group LLC and March, Inc. 11. Recommendation to approve an Agreement for Professional Services between Collier County and the Office of the Public Defender for the Twentieth Judicial Circuit of Florida. 12. Recommendation to approve an Agreement for Professional Services between Collier County and the Office of the State Attorney for the Twentieth Judicial Circuit of Florida. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. An Ordinance of the Board Of County Commissioners amending Ordinance No. 91-102, as amended, the Collier County Land Development Code, or its successor, by providing for an amendment to correct Ordinance No. 03-28, for the Tuscany Reserve Planned Unit Development (PUD) and by providing for an effective date. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve AVPLAT2004- AR5547 to disclaim, renounce and vacate the County's and the Public's interest in the 15 foot wide Drainage Easement located on Lots 27 and 28, according to the plat of "North Collier Industrial Center," as recorded in Plat Book 31, Pages 50 through 51, Public Records of Collier County, Florida, and to accept a 15 foot wide relocation Drainage Easement on a portion of Lots 28 and 29 of said "North Collier IndustrIal Center." Located in Section 10, Township 48 South, Range 25 East. C. This item has been continued from the June 29, 2004 BCC/Special Meeting. An Ordinance Of Collier County Florida, Amending Collier County Ordinance No. 97-8, As Amended, The False Alarm Ordinance; Authorizing Violators To Appeal Citations To The Code Enforcement Special Master; Authorizing The Sheriff's Office To Refer Unpaid Citations To The Special Master; Providing That The Special Master Can Assess A Civil Fine Up To $500 And Can File Liens Against Violator's Property; Increasing Civil Fines For Five Or More False Alarm Violations; Providing That Class Certificates For Credit Against A Future Violation Expire After 365 Days Of Issuance Date D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. The applicant is seeking an after-the-fact variance to allow the separation between Building 6 and Building 7 of the Cypress Glen PUD to remain at 13.75 feet rather than the 15-foot separation required between buildings in the Cypress Glen PUD. The two buildings are currently under construction. A spot survey disclosed Buildings 6 and 7 were 13.75 feet apart rather than the 15 feet required. This is the result of a drawing error. The applicant is therefore requesting a 1.25-foot building separation variance to allow the buildings to remain where they are currently located. E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-44046, Dwight Nadeau, of RWA Consulting, Inc., representing Waterways Joint Venture IV, requesting a rezone from Rural Agricultural (A) and Planned Unit Development (PUD, known as Hibiscus Village PUD) to PUD to be known as Summit Place in Naples PUD for a residential development consisting of 98.4 + acres and 394 dwelling units for property located at 14625 Collier Boulevard which is on the west side of Collier Boulevard (C.R. 951) and approximately 700 feet north of Wolfe Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. F. Recommendation to approve a Mandatory Non-Residential Recycling Ordinance G. This item continued indefinitely. Recommendation to adopt Resolution increasing the Regulatory Assessment Fee from the current 2.0% up to 3.75% of the gross revenues for nonexempt, investor-owned water and/or wastewater systems subject to local regulation and the Florida Governmental Utility Authority, pursuant to Interlocal Agreement, effective October 1, 2004. H. Ordinance to Amend Collier County Ordinance No. 87-60 to Authorize the County's Transportation Department to Issue Permits that Authorize In-the-traveled-road Solicitations of Charitable Contributions I. Recommendation to approve and enact an Ordinance allowing the obtainment of State of Florida and Federal Bureau of Investigation record checks through mandatory fingerprinting of current and new employees, vendors and contractors in certain positions related to Security and/or Public Safety. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Julv 27,2004 Withdraw Item 6A: Public Petition Request by Patrick J. Lee to discuss air show to be held at the Immokalee Airport in 2005. (Petitioner request.) Continue Item 10Q indefinitelv: The petitioner requests that this item be continued indefinitely. Recommendation to deny the request by Waterways Joint Venture IV for a refund of Transportation Impact Fees totaling $217,830 for the Summit Place project. (Petitioner request.) Add On Item #13A: Recommendation that the BCC serve as the local coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant, approve the Sheriff's office grant application, authorize acceptance of the grant award and approve associated budget amendments. (Sheriff Hunter's request.) Withdraw Item 16B8: Recommendation to approve exemptions and variances to the Land Development Code (sidewalks). (Staff request.) Item 16E13: Request to continue this item indefinitely. Recommendation to approve the Advisory Committees Outstanding Members Service Award Program. (Staff request.) Move Item 16F2 to 10R: Recommendation to approve three (3) Tourist Development Category "C-2" Grant Applications and Three (3) Tourism Agreements for Naples Botanical Garden $217,650; The Conservancy of SW Florida $100,000; City of Naples $50,000; Totaling $367,650 for FY OS, and approve the County-owned Museum funding request of $1,276,900, and direct staff to prepare amendment to Ordinance 92-60 to include municipally-owned museums for C-2 grants. (Commissioner Henning request.) Note: Item 8B: This item is listed correctly on the agenda index, but the backup material is incorrect in the packet. The correct backup material has been made available. Item 16A24: There are two 16(A)24 items. The backup materials for this item are correct but numbered incorrectly. The second 16(A)24 should be numbered 16(A)25. Item 16B9: Approval of this agreement is subject to the Transportation Disadvantaged Commission approval. Item 16C20: The backup material for this item was omitted from printed agenda packet. This material has been made available. Item 1602: The executive summary incorrectly lists the proposed FY 05 BLS non- emergency transport rate at $350. The correct rate for that service is $500 per transport as correctly stated in the Resolution. 1 Item 1603: The backup material for this item was omitted from the printed agenda packet. This material has been made available. Item 16011: The backup material for this item was omitted from the printed agenda packet. This material has been made available. Item 16F14: The backup material for this item was omitted from printed agenda packet. This material has been made available. Item 17C: This item is listed correctly on the agenda index, but the backup material is incorrect in the packet. The correct backup material has been made available. Item 170: The backup material in the printed agenda packet is incorrect. The correct material has been made available. Time Certain Items Item 8B to be heard at 3:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommend that the Collier County Board of County Commissioners (BCC) approve a resolution adopting the seven year Evaluation and Appraisal Report (EAR) of the Collier County Growth Management Plan for transmittal to the Department of Community Affairs (DCA) for sufficiency review according to the procedures and criteria outlined in Section 163.3191, Florida Statutes, Evaluation and Appraisal of Comprehensive Plan. Item 10F to be heard at 1:00 p.m. Recommendation to award a construction contract in the amount of $32,999,885 to Magnum Construction Management Corp. d/b/a MCM Corp. and reserve $2,397,500 in funding allowances to construct 6-lane road improvements and a grade separated overpass on Golden Gate Parkway generally between Airport-Pulling Road and Livingston Road, Project No. 60006, Bid No. 04-3653, Fiscal Impact $35,397,385. Item 10G to be heard immediatelv followina 10F: Recommendation to approve selection of qualified firm and award a contract under ITQ 04-3583 "Services for Collier County Road Projects" for Project No. 60006 "Golden Gate Parkway Grade Separated Overpass and Appurtenances, Bear's Paw to Livingston Road" in the amount of $2,367,811. 2 PROCLAMATION c- WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique nationwide crime, drug and terrorist prevention program on August 3, 2004 entitled "National Night Out"; and, WHEREAS, the "21st Annual National Night Out" provides a unique opportunity for Collier County, Florida. to join forces with thousands of ot her comrnmit ies acr oss t he count ry in pr omot 1 ng cooperative police-community crime prevention efforts; and, WHEREAS. Naples- Collier Co Neighborhood Watch, I nc. plays a vital role in assisting the Sheriff's Department through joint crime, drug and terrorist prevention efforts in Collier County, Florida. and is supporting "National Night Out 2004"; and, WHEREAS, it is essential that all citizens of Collier County, Florida, be aware of t he import aoca of crime prevention programs, and the impact that t heir participation can have on reducing crime. drugs and terrorist activity in their County; and. WHEREAS, deputy-community partnerships, neighborhood safety, awareness and cooperation are ill1'Ortant themes of the "National Night Out" program. ,- NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida. that Tuesday, August 3, 2004 be recognized as "NATIONAL NI GHT OUT" IN OOLU ER OOUNTY, FLORI OA and for all citizens of Collier County, Florida, to join Naples- Collier Co. Neighborhood Watch and the National Association of Town Watch in supporting the "21st Annual National Night Out" on Tuesday, August 3rd, 2004. I n addition all citizens are invit ed to see on display crime fight ing and emergency equipment at a count y- wide event at t he Coast land Cent er Mall on July, 3111, 2004 between the hours of 10:00 a.m. and 3:00 p.m. DONE AND ORDERED THI S 27th Day of July, 2004. BOARD OF OOUNTY OOMMI 551 ONERS OOLL! ER OOUNTY. FLORI DA DONNA FI ALA. Q-IAI RMAN ATTEST: DWI GHT E. BROO<. Q..ERK ,- Agenda Item No. 4A July 27, 2004 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 4A Item Summary Proclamation to recognize August 3rd, 2004 as National Night Out In Collier County. To be accepted by Corporal Ray Erickson, Crime Prevention Unit of Collier County. Meeting Date 7/27/20049:00:00 AM Prepared By Kathleen Martinson Administrative Aide to BCC 7/15/20041:22:35 PM Board of County . Commissioners BCC Office Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/15/20041:54 PM Agenda Item No. 4A July 27,2004 Page 2 of 2 n~rr:ll ~-,G~ .. . ...., . ,. ~~_! ... '.,. ,: - United States Coast Guard Auxj"~ry '. . District 7 Division 9 Flotilla 9 . Marco Island Florida Department Of Homeland Security /JC1J ., ;.' 1 ,jl;er~ Collier County Board Of Commissionen June 18, 2004 Honorable Donna Fila, On behalf of the Collier County Coast Guard Auxiliary Flotilla's it is our pleasure To present the enclosed "Certificate Of Appreciation" to the Collier County Emergency Department and Collier County Citizen Corps for the tremendous assistance in helping our volunteer organization promote the goals and missions of the United States Coast Guard Auxiliary through out Collier County. ~ Matching grant funds for distribution and printing our newest edition" Hurricane Preparing Your Boat" was only possible with Collier County Citizen Corps as a working partner. In addition the opportunity of attending various Citizen Corps Seminan on disaster related subjeets has proven to be a most valued asset as we disseminate the information to the community we all serve. May I call upon you to present the enclosed certificate at your next meeting to the Chairpenon of Collier County Citizen Corps and Jim von Rinteln of Collier County Citizen Corps. Walter R. Ja Flotilla Com nder 95D-7 Marco Island, Fl34145 - . Sincerely, "Thirty Eight Years Service To Ten Thousand Islands" ~ Agenda Item No. 5A July 27,2004 Page 1 of 2 Item Number Item Summary Meeting Date. Approved By James J. vonRinteln County Manager's Office COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 5A Presentation by the United States Coast Guard Auxiliary to the Collier County Emergency Department and Collier County Citizen Corps for the tremendous assistance in helping volunteer organizations promote the goals and missions of the United States Coast Guard Auxiliary throughout Collier County. To be accepted by Jim VonRinteln, Collier County Emergency Management. 7/27/20049:00:00 AM Emergency Management Coordinator Date Approved By Emergency Management 7/16/20049:13 AM Dan E. Summers County Manager's Office Emergency Management Director Date Emergency Management 7/2/2004 2:36 PM Agenda Item No. SA July 27,2004 Page 2 of 2 ,- Senior Solutions of Southwest Florida, Inc. 11th Golden Appreciation Awards Helen K. Fallert A ward The Collier County Government Retired and Senior Volunteer Program (RSVP) is part of Senior Corps. a network c.f national service progmms that provides older Americans the opportunity to apply their life experiences to meet community needs. RSVP volunteers serve in a diverse range of nonprofit organizations, public agencies. and faith-based groups. Led by Sharon Downey, the organization is seen as an effective force within Collier County. Open to people age 55 and over in both the public and private sector, RSVP sponsors seniors to serve from a few hours a month to almost full time as volunteers. Most are paired with local community and faith-based organizations that arc helping to meet community needs. The Collier County RSVP Program was recently recognized nationally as an "Outstanding County Volunteer Program." Awarded the National Association of Counties (NACo) Acts of Caring Awards, Ms. Downey's program was acknowledged as one of the top volunteer programs in the Country. ~ Kcnncth A. Mayfield, President of NACo in discussing the award said: ''These pro!,l'fams arc unique partnerships between county govcrnments and their communities. The quality of life in our communities is enhanced because of the work of our nation's counties and their volunteers." Ms. Downey is viewed as an enthusiastic, positive, inspirational ambassador for cIders in Collier County. As President of the Council on Aging in Collier County. she has re- energized that group as it focuses on the goal of obtaining a senior center for elders in the community. It is a great pleasure to recognize the achievements of Ms. Downey in our community and her receiving this award from Ms, Leigh Wade. Executive Director of Senior Solutions of Southwest Florida, Inc. .-. Agenda Item No. 58 July 27, 2004 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 58 Item Summary Award to Sharon Downey, RSVP Project Director, for the Helen K. Fallert Award for Exemplary services to the elderly in Southwest Florida. Presented by Leigh Wade, Executive Director, Senior Solutions, Inc. Agenda Item No. 58 July 27, 2004 Page 2 of 2 ~ COLLIER COUN1Y MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010 July 13, 2004 Mr. Patrick J. Lee Vice President Hornet Flight Training, Inc. 165 Airpark Boulevard, Suite #103 Immokalee, FL 34142 Re: Public Petition Request To Discuss Air Show To Be Held At The Immokalee Airport in 2005 Dear Mr. Lee: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of July 27, 2004, regarding the above referenced subject. ,- Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Q.~~~ ames V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney - c r C I) - Agenda Item No. 6A July 27,2004 t Page 1 of 2 ." I) c~ . - " " FR01 : CCffi FAX NO. 9416579191 Jul. 12 20B4 02:08PM Pi Hornet Flight Training, Inc. 165 Airpar1c Boulevard Suite 103lrnmokalee, FL 34142 T~l. 239.658.111 July 1311I, 2004 Hon. Jim Mudd Collier County Manaeer REQUEST FOR PUBLIC PErmON Mr. Mudd, On behalf of the Ian Groom Memor1al Air Show ad hoc committee, we request 15 mfnutes of time at the ccacc meeting on the 2m of this month to present our request for $25,000 of seed money. This seed money wtll be for an airshow to be held in late wlnter of 2005 at the Immokalee Airport. ~ Patrick . lee Vice-President Agenda Item No. 6A July 27,2004 Page 2 of 2 .-- ~ COLLIER COUNfY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 · Fax 239-774-4010 July 14, 2004 Mr. Del Ackerman 5610 Cynthia Lane Naples, FL 34112 Re: Public Petition Request to Discuss Painting Standards Relating to Del's 24 Hour Store on Bayshore Road Dear Mr. Ackerman: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of July 27, 2004, regarding the above referenced subject. ,- Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. JVM/jb cc: David Weigel, County Attorney Joe Schmitt, Administrator CD&ES - o l~ . o Agenda Itern No. 68 July 27, 2004 t Page 1 of 2 ." c ,. c .. " JUL-14-2004 WED 02:16 PM PrUL ml ~IA1ES FAX No. 2394353501 Collier Comlty Manager Naples, Florida July 14, 2004 p. 002 County Maoager, Hello my name is Del Ackerman. I am the 0WDl2' of Del's 24boor Store on Baysbore Road in Naples. I just spoke with Commissioner CoUetB who is currently in NY caring fot a loved one md be asked me to fax this letter to your office imml'!diatcly regatW.og appearing in the fi'ont of the County Commission. This meetina would be scheduled for July 27) 2004, Your first available morning appointment would be best. This meeting -MIl pertain to the paUrting of Del's 24hour corner. Apparently. the colors aren't up to Cotmty standards. 1100k forward to this meeting and resolving any problems 1hst theIe may be. If you have any questions or concerns rcgard,ing this maUer. please doDtt hesitate to contact me @ (239) 2S0- 7754 or (239) 732. n68. Thank you for your time and consideration. Agenda Item No. 68 July 27, 2004 Page 2 of 2 ~ COlllER COUNIY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 · Fax 239-774-4010 June 24,2004 Mr. Herman Haeger 2630 18th Avenue, SE Naples, ~L 34117 Re: Public Petition Request to Discuss Operational Costs Imposed by Collier County Code Enforcement Board Dear Mr. Haeger: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of July 27, 2004, regarding the above referenced subject. -- Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. JVM/jb cc: David Weigel, County Attorney Joe Schmitt, Administrator CD&ES .-. o {~ . o Agenda Item No. 6C July 27,2004 t Page 1 of 2 .y c , c ... " - .. Request to Speak under Public Petition Please print I f Name: 4-\etw- c:z..1. 4t,,-eye .. ZAo 3D \f~4rJc ~,6 j{),#LZSh ~tf/t7 Phone: 7--;'[ ./ 1?{-?2f"2.- Address: Date orlbe Board Meetin2 you wish to speak: 3 ~ 2- 7 I ~ F Please explain in detail the reason you are requesting: to speak (attach additional oa2e if necessary) : Please explain in detail the action YOU are asking the Commission to take (attach additional oa2e ifnecessarv): -1"'17 ~ r~ck.c.e Or o1Ae. o~e~d-IO-v.Q c.ndr ~'OleJ hI (' /t:'3 /<1. (".It V' :tf::- CF.B ~f). ;2cJ/Y!-/? H:\PubflC Petition Request Fonn.doc Agenda Item No. 6C July 27, 2004 Page 2 of 2 -- ~ COUlER COUN1Y MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 · Fax 239-774-4010 July 13. 2004 David E. Bryant. District Counsel Lely Community Development District 215 Airport Road South Naples, FL 34104 Re: Public Petition Request to Discuss Lely Community Development District/Security Resolution Dear Mr. Bryant: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of July 27, 2004, regarding the above referenced subject. /- Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. ?')cere~,/~ ~~~dd County Manager JVM/jb cc: David Weigel, County Attorney ,,-- o l~ . o Agenda Item No. 60 July 27, 2004 t Page 1 of 9 , c r c M " - DAVID E. BRYANT Attorney At Law TlILIIPHONJI 041-435-0550 N~ - T.uIJo4 2115 AlRPOIt'l'ROAD 80VTH N~ FI..OIlmA 3.U 0.. TIILIIooPl_ 041-fo35-04151' July 2, 2004 Honorable Donna Fiala, Chairwoman Collier County Board of Commissioners 3301 East Tamiami Trail Naples, Flori~a 34112 Re: Lely co~ Development District I Security Resolution Dear c~er Fiala: . Pursuant to out earlier discussions, I write to advise you of the status of the Security Resolution and Executive Summary for the Lely Community Development District. Enclosed is a copy of the Resolution, Executive Summary and transmittal letter I have provided to the Office of the County Attorney for it's review and approval. As you can see from the Resolution, it is noncontroversial and only formally authorizes the District to continue performing the security measures that it has had in place for over ten (10) years. Further, you will see that I deleted any reference to the inability of the sheriffs office to provide the level of security desired by the residents of the District. This deletion accomplishes what we discussed and was requested by the sheritr s office. The sheritr s office owes you "big time" for that change in the language of both the Resolution and the Executive Summary. Further, I respectfully suggest that you should remind them of these changes at an appropriate time. Therefore, please advise me of the necessary steps to take to see that this matter is on the Consent Agenda for the Board's meeting of July 27, 2004. Also, as I stated earlier this issue should be of little concern to anyone except the residents of the District, to whic~}t is a major concern, and should be appropriate for the Board's Consent Agenda. In closing, I again thank you for all of your assistance to the residents of the District and your untiring support for the Lely Community Development District. With kind personal regards, I remain ~ ~~;;ANT~CTCOUNSEL DEB/gf Lely Community Development District cc: Lely Community Development District, Board of Supervisors Agenda Item No. 60 July 27, 2004 Page 2 of 9 DRAFT RESOLUTION NUMBER: A RESOLUTION BY THE BOARD OF COMMISSIONERS AUTHORIZING THE LEL Y COMMUNITY DEVELOPMENT DISTRlCI', BOARD OF SUPERVISORS TO ESTABLISH A SAFETY AND SECURITY PLAN FOR THE RESIDENTS OF THE LEL Y COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO, SECTION 119.012(2)(d), FLORIDA STATUTES WHEREAS, the Board of Commissioners acknowledge the concern by the residents of the Lely Community Development District (''the District'') for additional security and law enforcement protection within the boundaries of the District; and WHEREAS, the Board ofCommis"sioners acknowledge the Lely Community Development District, Board of Supervisor's concern for the protection of the District's residents and property within the boundaries of the District; and WHEREAS, the Board of Commissioners acknowledge that the Lely Community Development District has successfully utilized various safety and security measures for over ten (10) years for the benefit and protection of the residents of the Lely Community Development District; and WHEREAS, the Board of Commissioners acknowledge it is in the best interest of the residents of the Lely Community Development District that the District formulate a Safety and Security Plan for the residents of the District pursuant to, Section 190.012(2)( d), Florida Statutes; and WHEREAS, the Board of Commissioners acknowledge that it is in the best interest of the residents of the Lely Community Development District that a Safety and Security Plan be established by the Lely Community Development District, Board of Supervisors to set priorities for the design. Agenda Item No. 6D July 27, 2004 Page 3 of 9 creation and implementation of a security plan to provide for protective procedures and methods authorized by, Section 190.012(2)(d), Florida Statutes; and WHEREAS, the Board of Commissioners acknowledge that by the Lely Community Development District, Board of Supervisors establishing a Safety and Security Plan a much greater level of security and protection for the property and residents of the District will be accomplished; and WHEREAS, the Board of Commissioners acknowledge that the Lely Community Development District Safety and Security Plan will be funded solely from the budget of the Lely Community Development District, Board of Supervisors; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: 1. That it is detennined that the creation of a Safety and Security Plan by the Lely Community Development Distric~ Board of Supervisors is necessary to provide additional protection and security for the welfare and property of the residents of the Lely Community Development District pursuant to, Section 190.012(2)(d). Florida Statutes. 2. That the safety and security plan proposed by the Lely Community Development District, Board of Supervisors is being established and provided by the residents of the Lely Community Development District and at no cost to the taxpayers of Collier County. 3. That the acquisition and employment of sworn law enforcement officers and unsworn private security employees by the Lely Community Development District, Board of Supervisors is in the best interest ofthe District and it's residents. 2 Agenda Item No. 6D July 27,2004 Page 4 of 9 4. That the Lely Community Development District, Board of Supervisors is hereby authorized to obtain the services of vendors to accomplish the goals, objective and policies of the Lely Community Development District's Safety and Security Plan pursuant to, Section 190.012 (2)(d), Florida Statutes. 5. That the Lely Community Development District, Board of Supervisors is hereby authorized to obtain, implement and utilize those safety and security measures authorized by, Section 190.012(2)(d), Florida Statutes. 6. That the total cost of the Lely Community Development District's Safety and Security Plan will be the sole financial responsibility of the Lely Community Development Dislric~ Board of Supervisors. This RESOLUTION adopted after motion, second and majority vote in favor of this adoption this day of , of A TIEST: D~GHTE.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: Deputy Clerk By: DONNA FIALA, CHAIRPERSON Approved As To Form And Legal Sufficiency: David Weigel, County Attorney 3 Agenda Item No. 6D July 27,2004 Page 5 of 9 DRAFT EXECUTIVE SUMMARY Resolution authorizing the Lely Community Development District, Board of Supervisors to employ security employees and protection measures for the safety and security of the persons and property residing in the Lely Community Development District. OBJECTIVE: Authorization by the Collier COWlty Board of Commissioners to provide the Lely Community Development District, Board of Supervisors authority to implement a Safety and Security Plan pursuant to, Section 190.012(2)(d), Florida Statutes, for the safety and security ofthe persons and property within the Lely Community Development District. CONSIDERATION: Due to concerns regarding security by the residents of the Lely Community Development District, the Board of Supervisors of the District have created a security plan for the resident's protection utilizing those elements granted to the Lely Community Development District by, Section 190.012(2)(d), Florida Statutes. Pursuant to the desire by the residents of the District for enhanced safety and security the Lely Community Development District, Board of Supervisors, has for approximately ten (10 ) years employed offduty sworn law enforcement officers from the Florida Highway Patrol and additional private unsworn security personnel for the protection of the District residents. However, the Lely Community Development District has never received fonnal authorization from the Collier County Board of Commissioners for this enhanced safety and security program as is required by, Section 190.012(2)(d), Florida Statutes. Therefore, to formalize the District's safety and security plan the Lely Community Development District, Board of Supervisors passed a Resolution authorizing the implementation of a Safety and Security Plan and Protection Element for the residents of the Lely Community Development District. However, prior to formalizing the District's security measures, that have been in place for many years, the Lely Community Development District, Board of Supervisors pursuant to, Section 190.012(2)(d), Florida Statutes. requests that the Collier County Board of Commissioners approve the authorization of the Lely Community Development District, Board of Supervisors' Safety and Security Plan for the Lely Community Development District. Further, that the Board of Commissioners authorize the Lely Community Development District to utilize those security measures provided for within, Section 190.012(2)(d), Florida Statutes. FISCAL IMP ACT: There is no fiscal impact to the tax payers ofColIier County for this item. The entire cost of the increased level of security and protection for the residents of the Lely Community Development District will be born by the individuals residing within the Lely Community Development District. Agenda Item No. 6D July 27, 2004 Page 6 of 9 TllWlPHONW 841-.15-0550 DAVID E. BRYANT AttorMl1 At La", N~ - 'DUalt. aIlS AI-..r BaAD ~VI'H N.-...... PLoIaDA 34104 or- --<lOPIa 841...5-04..7 July 1. 2004 JetTKlatzkow, Assistant County Attorney 3301 Tamiami Trail East Administration Building. 8th Floor Naples, Florida 34112 Re: My client: Lely Community Development District Proposed BCC Security Resolution and Executive Summary Dear 1 eff: Pursuant to our earlier telephonic discussions. enclosed please find a proposed Resolution and Executive Summary for the Collier County Board of Commissioners. I would greatly appreciate your review and approval of this matter be completed in time for this issue to be considered by the Board as part of it's Consent Agenda for the meeting of, July 27,2004. I respectfully submit that this agenda item is not controversial and merely legitimizes security activities the Lely Community Development District has had implemented and in place for approximately ten (I 0) years. Additionally. I will note my calendar for the afternoon of July 6, 2004, to be in your office to answer any questions you may have regarding this matter. However, if you have any questions before our calendared meeting concerning any of the proposed language, please do not hesitate to contact my office. With kind personal regards. I remain DAVID E. ANT, DISTRICT COUNSEL Lely Community Development District DEB/dg cc; Honorable Donna Fiala, Chairwoman, Collier County Board of Commissioners Lely Community Development District, Board of Supervisors Neil Dorrill. District Manager Jk-070 I.lt4 Agenda Item No. 60 July 27, 2004 Page 7 of 9 ~ .. . Select Year: 12003 ..-:1 ~ The 2003 Florida Statutes Title XIII Ch(l~~r: 19Q PLANNING AND COMMUNITY DEVELOPMENT DEVELOPMENT DISTRICTS 190.012 Special powers; public improvements and community fadltties.--The district shall have, and the board may exerdse, subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies, and special districts having authority with respect to any area included therein, any or all of the following special powers relating to public improvements and community facilities authorized by this act: View Entlr.e Cbapter (1) To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: (a) Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges. (b) Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other publiC place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system. (c) Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut. (d)1. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights. 2. Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage. (e) Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the district and who caused or contributed to the contamination. (f) Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property. (8) Any other project within or without the boundaries of a district when a local government issued a development order pursuant to s. 3aO~Q6 or s. 38Q,O!lj approving or expressly requiring the construction or funding of the project by the district, or when the project is the subject of an agreement between the district and a governmental entity and is consistent with the local government comprehensive plan of the local government within which the project is to be located. (2) After the board has obtained the consent of the local general-purpose government within the jurisdiction of which a power specified in this subsection is to be exerdsed, to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for: (a) Parks and fadlities for indoor and outdoor recreational, cultural, and educAg,a~em No. 60 July 27, 2004 Page 8 of 9 d6~ ~ other vehicles and equipment. (c) School buildings and related structures, which may be leased, sold, or donated to the school district, for use in the educational system when authorized by the district school board, t(d)');ecurity, including, but not limited to, guardhouses, fences and gates, electronic intrusion- ~ection systems, and patrol cars, when authorized by proper governmental agendes; except that the district may not exerdse any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the district boundaries. (e) Control and elimination of mosquitoes and other arthropods of publiC health importance. (f) Waste collection and disposal. (3) To adopt and enforce appropriate rules following the procedures of chapter 120, in connection with the provision of one or more services through its systems and facilities. History.--s. 2, ch. 80-407; s. 51, ch. 83-217; s. 9, ch. 84-360; s. 47, ch. 89-169; s. 8, ch. 93-51; s. 39, ch. 99-378; s. 15, ch. 2000-317; s. 47, ch. 2000-364. DIsclaimer: The infonnatlon on this system is unverified. The journals or printed bills of the respective chambe~ should be consulted for official purposes. Copyright Cl 2000-2004 State of Aorida. Agenda Item No. 60 July 27,2004 Page 9 of 9 EXECUTIVE SUl\tIl\tlARY V A-2004.AR-5798, Richard Rundle, representing Jim and Connie Adams, requesting two variances from PUD Ordinance 82-80, Imperial West PUD for a proposed single-family residential structure: a 1.8 foot variance from the required 20 feet separation between principle structures or one half (1/2) the sum of the heights of the adjacent structures, which ever is greater, to 18.2 feet on the east side of Lot 46 Park Place West and a four :oot variance from the required 20 foot separation to 16 feet on the west side of Lot 46. The property to be considered for the variance is located at 1155 Imperial Drive, further described as the Lot 46, Park Place West, in Section 15, Township 48 South, Range 25 East, Collier County, Florida OBJECTIVE: That the Board of Zoning Appeals (BZA) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CepC) regarding the above referenced variance petition and render a decision as the BZA regarding the petition pursuant to LDC Section 2.7.5.12. CONSIDERA nONS: - The applicant seeks two variances to allow for the construction of a detached cluster housing residential structure. The petitioner purchased this property in 2003, and applied for a building permit for the construction of the detached residence on December 4, 2003 (No. 2(03120045). The proposed structure is compatible in configuration and area to the other detached residential structures that have been buill within this subdivision. The Building Department has placed a hold on processing this permit because the proposed detached structure will not meet the minimum 20 foot separation, required by PUD Ordinance 82-80, due to the location of the existing detached cluster structures on the east and west sides of Lot 46. The Park Place West subdivision is mix of zero lot line and detached cluster residential stlllctures and undeveloped lots. There are a total of 60 lots in the Park Place West subdivision. Of the 60 platted lots, 28 lots are occupied with attached zero lot line re~;dences, 14 lots are occupied with detached cluster residences, one lot is developed for common community use. and 10 lots are undeveloped. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan; therefore there is no Growth Management Impact associated with this Executive Summary. ~- Executive Summary VA.20Q4-AR.5798 Page 1 of 2 Agenda Item No. 7 A July 27,2004 Bee ~~ ~7()'t.lc31 ENVIRONMEl'ilAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the EAC does not normally hear variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed this petition during their public hearing on July 15,1004. Bya vote of 4 to I, Planning Commission forwarded Petition V A-2004-AR-5798 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to staff stipulations contained in the attached resolution. The Planning Commissioners found this petition to be consistent with the provisions of Section 2.7.5 of the Land Development Code. which grants the authority to thc Board of Zoning Appeals to -grant varianccs. Commissioner Shaffcr voted in opposition because he felt that the subject dwelling could be shifted 2 feet closer to the western property line since the adjacent "c1ustered" dwelling that was not consistent with the conceptual site plan for the project. RECOMlVIENDA TION: ~,...~ Staff has analyzed the guidelines associated with the variance request, and has determined that the existing conditions of the location of the adjoining structures restricting the buildable area of Lot 46, and the remaining building separation arc sufficient ameliorating factors that warrant approval of this petition. Rccommend that the Board of Zoning Appeals approve Petition V A-2004-AR-5798 and in doing so concur with the Planning Commission's recommendation of omitting the below referenced condition in the attached staff report: - If the residential dwelling structure is destroyed for any reason. to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the accessory structures must conform to the provisions of the Land Development Code in effect at the time of the reconstruction. -- Executive Summary VA-20Q4-AR-5798 Page 2 of 2 Agenda Item No. 7 A July 27,2004 BCC ~ger 27(jf)c31 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7A Tl1!S ite~1 requires that all oartlc:pants be sworn :'1 and e,:( parte disclosure be provided by C<Jmmisslon members. VA.2004-AR-5798. Rcnard Rundle. representing Jim and Conn,e Adams. request;ng r.vo variances from PUD Ordinance 82-80, Impenal West PUO for a proposed Single-family res'dential structure: a 18 foot variance from the required 20 feet separation between principle structures or one half (1!2i the sum of the heights of the adjacent structures. which ever is greater, to 18.2 feet on the east side of Lot 46 Park Place Wesl and a four foot variance from the required 20 feot separation to 16 feet on ttle west side of Lot 46. The property to be considered for HIe Variance ,s located at 1155 impenal Dnve, further descnbed as tile Lot46, ParK Place West. ,,, Section 15. Township 48 Soulh, Range 25 E;;;l. Colher County. Flohda 7/2712004 900:00."-.1.1 Principal P!anner 7/2120043:52:14 PM Prepared By Michael J. OeRuntz Community Deveiopment & Eov:ronmental Ser",:ces Zoning & Land Development Re"iew Approved By Operation:os Analyst Date Constance A. Johnson Community Oeveiopnlcnt & Environmental Services Community Development & Environmental Scrviees Admin. 7112120042:14 PM Appro,'ed By Chief P~anner Date Ray Bellows Community Oeve:cpment & Environmental Services .\pproved By Zoning & Land Oeve:opment Review 711312004 8:56 AM Joseph K. Schmitt Community Deve~opment & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 7!2012004 8:58 AM Pat Lehnhard Adminl5tmtiv. AS5=st3.n. Date Approved By COllnty Manager's Office Ofliee of Man3gcmcnt & Budget 7;20120049:20 AM Approved By Mark Isackson County Manager's Office Budge. Analyst Dale Office of Management & Budgel 7120/20049:54 AM Michael Smykowski Management & Budget Director Oal. Approved By County Manager's Of lice Office or Management & Budget 7!2012004 12:30 PM Approved By James V. Mudd Board 01 County Commissioners County Manager Date County Manager's Office 71201200412:59 PM Sandra Lea Da.e Approved By Community Oeve!opment & Environmental SerY!ces Executive Secretary Comrr,unity Development & Environmental Services Admin. 7i612004 3:21 PM SUfi.an Murray. AICP Zoning & land Development Director Dale Approved By Community Deve!opmer~1 & Enyironrnental Service.\ Zoning & Land De\te!oplnent Re,,~ew 717;20049:26 AM Agenda Item NO.7 A July 27, 2004 Page 3 of 31 -~~-p RESOLUTION NO. 04 A RESOUJrrON OF THE BOARD OF ZO:'-;ING APPEALS OF COLLIER COUl\TY RELATING TO PETITION NUMBER V A-2004-AR-5798. FOR 1\ 1.98 FOOT VARIANCE FROM THE REQlJIREMENTS OF SECfION 3.5.2.E OF THE IMPERIAL WEST PUD (ORDINANCE 82-RO), WHICH REQUIRES A DISTAi'\;CE BETWEEN PRINCIPAL STRUcruRES OF 20 FEET TO 18.02 FEET ON TIlE EAST SIDE OF LOT 46, AND A 4 FOOT V ARIANCE FRO~1 THE DISTANCE BETWEEN PRINCIPAL STRUCTURES REQUIREMENT OF 2() FEET TO i6 FEET ON THE WEST SIDE OF LOT 46 ON PROPERTY HERINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS. the Legislature of the Stale of Rorida in Chapter 125. Rorida St:ttutcs, has conferred on aU counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the Pllblii:; and WHEREAS. the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinam:c No. 9i-102. as amended) which establishes regulations !(lr the zoning of particular geographic divisions of the County, among .....hich is the granting of variances: and WHEREAS, the Board of Zoning Appeals, !x-ing the duly elected constituted Board of the area hereby affected. has held a public hearing after notice as in said regulations made and pmvided. ;md has consIdered the advisability of a 1.98 foot variance from the 20 foot distance between principal stmctures requirement to IS.02 fect on the ea.,t side of l.ot 46 and a 4 foot variance from the 20 foot distance between principal slruelUrcs requirement to 16 feel on the cast side of Lot 46 all pursuant to Subsection 3.5.2.E. of the Imperial West PUD (Ordinance Number 82-RO, as amended) as shown llllthe attachctl plot plan. Exhibit "A". of the PUD Zoning District for the property hereinafter described. and has found a.. a mauer of fa\.'! that satisfactory provision and arrangement have been made cllnccming all applicable matters required by said regulations and in accordam:e with Section 2.7.5. of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS. all interested parties have been given opportunity to lle heard by tbis Board in public meeting assembled, ami the Board having considered aU matters prescnted. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OFCOl.LIER COUl\TY, FLORIDA that: V,\.:\JO-l .\R.~79l(J\UDI'P Agenda Item No. 7 A July 27, 2004 Page 4 of 31 Page I of2 The Pctition VA-2004-AR-5798 {ileu by Richard Rundle. n:presenting James Adams. with respect to the property hereinafter dcs.:ribcd as: Lot 46, Park Place West. Collier Counly. Florida, recorded in Plat Book 17. Page 32-33 of the Official Records of Collier County, Florida be and the S;lmc hereby is approved for a 1.98 foot variance from the 20 foot distance between prin~ ipal stru<;tures requirement to 1 K02 fcet on the east side of Lot 46 and a 4 foot variance from the distance between principal stru<;tures requirement of 20 feet to 16 fcet on the west side of Lot 46 al\ pursuant to SubSt..'l:lion 3.5.2.E. of the Imperial West - PUD (Ordinance 8l.80, as amended), and as shown on the att.lched plot plan. Exhibit ";\" , of the PUD Zoning Distri\.~t whcrein said property is located. subject to the following conditions: 1. The variance is for the em;roachments shown in Exhibit "A" only. Any other cncmachmcnt shall require a separate variance. BE iT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2004.AR.579~ be recorded in the minutes of this Board. This RcsoluthlO adoptcd after motion. second and majority vote. Done this day of .2004. A TrEST: DWIGHT E. BROCK. 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"""" ~ <n 0 tri co Z 10_00' 16.r;r Z <!; ~ '" u z w '" Vi .~ i. w u < a < 0 0 <: EXHIBIT "A" ~ Coilj~r County - '-~ - STAFF REPORT COLLIER COUNTY PLANNING COl\I~lISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT AND EN V IRONMENT AL SERVICES HEARING DATE: JULY 1, 2004 SUBJECf: PETITION V A-2004-AR-5798 PROPERTY O\VNERlAGENT: OWNER: Jim and Connie Adams 2012 Duke Drive Naples, FL 34110-1031 AGENT: Richard Rundle 975 Imperial Golf Course Blvd. #119-21 Naples. FL 34110 REQUESTED ACTION: The applicant is requesting two variances from PUD Ordinance 82-80, Imperial West PUD, for a proposed single-family residential structure: a 1.98-foot variance from the required 20-foot separation between principal structures to 18.02 feet on the east side of Lot 46. and a 4-foot variance from the required 20-foot separation to 16 feet on the west side of Lot 46. GEOGRAPmC LOCATION: The subject parcel is located at 1155 Imperial Drive, furthcr dcS'-'tibcd as Lot 46, Park Place West, in Section 15, Township 48 South. Range 25 East, Collier County, Florida (See Location Map - Exhibit 1 ). VA-2004-AA-S798 ccpe MEETING 7/1/04 1 Agenda Item No. 7 A July 27,2004 Page 7 of 31 i I _ __ _ ," 0.. <( ~ . j , . ':'-;::\. (,-) ... --- I -.. - . " i tI - -~ ---- .... W l- - (/') ~ CJ -<I . ~ ...; ot :! <~ ,.>1 xl o ~ ~ 0.. <( :e z o t- <( (,) o ...J EXHIBIT 1 Agenda Item NO.7 A July 27, 2004 Page 8 of 31 VA-2Q04-AR-S798 CCPC MEETING 7/1/04 2 PURPOSFlDESCRIPTION OF PROJECT: The Imperial West PUD was approved for 489 dwelling units. Tract "D" of Imperial West PUD was originally approved for 78 dwelling unit~, subsequently reduced to 60 lots with the approval of the record plat. identified as Park Place West, approved by the BCC on May 8, 1990. The permitted dwelling units allowed in the Imperial West PUD are multi-family, cluster, group, and zero lot line housing. The Subdivision Master Plan (SMP) of record for the subject property is identified as Imperial Place, AR- 89-09, approved by the Board of County Commission of August 8, 1989. Resolution 89-201. This SMP included a site plan that identified the footprints of the attached zero lot line housing on each of the proposed lots (See SMP, Exhibit 2). The subject lot, along with the neighboring lots (m Imperial Drive, were developed according to an amended site plan on file that shows the cluster housing on lots 43-52 were to be placed on the lots consistent to lhe PUD required 20-foot separation between structures (See Amended Site Plan, Exhibit 3). The applicant seeks two variances to allow for the construction of a detached cluster housing residential structure, The applicant purchased this property in 2003, and applied for a Building Permit (No. 2(03120458), on December 4, 2003, to construct a detached residence. The building area of lhe proposed structure is 2,617 square feet, and is comparable in area to the detached residential structures in this section of the Park Place West subdivision. These range in floor area from 2,293 to 2,820 square feet. In order to build the proposed dwelling on Lot 46, the applicant would encroach into the minimum 20- foot separation of structures required by the PUD (See Section 3.5.2, Exhibit 4) on both sides of the lot. White the house on Lot 47 was apparently constructed in accordance with the SMP, the house on Lot 45 was not. The survey shows that the building on Lot 45 was constructed 10 feet from the common property line with Lot 46, and the building on Lot 47 was constructed 6 feet from lhe property line (See Site Plan, Exhibit 5). Given these constraints, the structure proposed by the applicant would need to encroach 1.98 feet into the required 20-foot separation from the residence on Lot 45, and 4 feet into the required separation from the residence on Lot 47. Access to this property is provided via Imperial Court. Access to Imperial Court is provided trom Imperial Golf Course Boulevard. Both roadways are privately maintained. County records indicate lhat no variances have been applied for in this area. The petitioner indicates that the primary reason for requesting these variances is for the approval of the submitted Building Permit No. 2003120458. The petitioner states that the County has permitted similar floor plans for residences that have been built on Lots 44 and 45. He believes that the location of the principal structures on the adjoining lots to the cast and west are pre-existing conditions, and create a hardship for building a similar residential product on Lot 46. A letter of support, from the President of the Park Place West Homeowners Association, for the bay window portion of the variance request is attached (See Support Letter - Exhibit 6). Staff has received a call from Mr. Ian Cocklin, the owner of Lot 47, who expressed his concern wilh approval of this variance request. The County received a facsimile from Mr. Cocklin, which expresses his concerns on June 14,2004 (See Fax - Exhibit 7) Agenda Item No. 7A July 27,2004 Page 9 of 31 VA-2004-AR-5798 ccpe MEETING 7/1/04 3 AERIAL MAP EXHIBIT 8 VA-2004-AA-5798 CCPC MEETING 711104 4 Agenda Item No. 7 A July 27, 2004 Page 10 of 31 .J i" li I i i I! ! ~ to u. z o.s (i" "". '1 ~ ..., " . ZONING MAP EXHIBIT 9 LAND USE & ZONING: Subject Property: vacant undeveloped lot, zoned IMPERIAL WFST PUD Surrounding: North: private street and attached single-family residential, zoned IMPERIAL WEST PUD dctached single-family residcntial. zoned IMPERIAL WEST PUD institutional, zoned TAMIAMI PROFESSIONAL OFFICE pun detached single-family residential. zoned IMPERIAL 'VEST PUD East: South: West: GROWTH MANAGEMENT PLAi."l (GMP) CONSISTENCY: The subject property is located in the "Urban Residential Subdistrict" designation of the Future Land Use Map of the OMP. This land use category is dcscribed in the OMP as follows: VA-2Q04-AR-5798 CCPC MEETING 7/1/04 5 Agenda Item No. 7 A July 27,2004 Page110f31 ''The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities arc concentrated." The GMP does not address individual variance requests; it focuses on the larger issue of the actual use. The residential use is consistent with the Future Land Use Element of the Growth Management Plan. and the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element. although the variance request is not specifically addressed. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances: The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8. which arc general guidelines to be used to assist the Commission in making a dctennination. Staff has analyzed this petition and offers the responses to the items in Section 2.7.5.6 as follows: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. As mentioned previously in the "Purpose and Description Section", the PUD regulation for the scparation bctwecn the prindpal structures is 20 feet. Thcre is no languagc in the PUD document that specifies the minimum side yard setback requirements. The Subdivision Master Plan indicates a 14-foot side yard setback on Lot 47 and a 6-foot setback on Lot 46. The minimum side yard setback is 7.5 feet in the similar RMF-6 zoning district. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. The PUD does not establish a minimum side yard setback. The location of the existing principal structures to the cast and west of Lot 46 limits the allowable building area on Lot 46. due to the minimum 20-foot building separation between structures. c. Will a literal interpretation of the provisions of this zoning code work unnecessary an undue hardsbip on the applicant or create practical difficulties for the applicant? Yes. The litcral interpretation of the principal building separation requirement will create a practical difficulty for the applicant in that without the use of a variancc. thc applicant will not be apply to construct the proposed detached cluster dwelling. The intent of a variance is to alleviate a hardship inherent in a piece of land. In this case. the applicant's hardship is both pre-existing and self-imposcd. The existing adjoining structures have been permitted and built in a location that rcstricts the buildable area on Lot 46. due to the PUD's building separation requirements. The proposed Hoor plan of the building permit (No. 20(3120458) is comparable to the detached single- family structure on Lot 45 in this subdivision. VA.2004-AR.5798 CCPC MEETING 711f04 6 Agenda Item NO.7 A July 27, 2004 Page 12 of 31 d. 'Vill the variance, if granted, be the nummum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The variance requested is the minimum variance necessary to allow the proposed structure to be constructed on Lot 46 of Park Place West. e. Will granting the variance confers on the applicant any special privilege tbat is denied by these zoning regulations to other lands, buildings, or structures in tbe same zoning district? Yes. The allowance of the proposed detached single-family stmcture to be within the principal building separation limits circumvents the minimum zoning separation regulations that are applicable- to similar structures located in this Planned Unit Development. In similar RMF-6 zoning districts, a minimum 7.5-foot side yard setback contributes to a 15-foot separation between principal structures. f. Will granting the variance be in hannony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The intent of the Land Development Code in establishing minimum building separdtions and side yard setback regulations is to provide a minimum allowance for light and air between structures. as well as general fire separation between structures. The properties abutting the subject property to the west and cast would be approximately 14 feet and 18 feet respectively, from the proposed stlUcturc. This separation allows for more reasonable separation of light and air between the uses and docs not encroach upon the minimum building separation required to meet fire code. It is likely that the approval of the requested variances would not have a deleterious etfect upon the neighborhood as a whole. The separation issues are related specifically to the adjoining lots g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, ete.? Yes. The remaining separation belween the existing and proposed structures contributes to natural or physically induced conditions that ameliorate the goals and objections of the LDe regulations. There is no required landscape buffer between lot lines in this zoning district Building separation and buffering is achieved through the use of principal building separation, which exceed the Land Development Code requirements for building separation in similar residentially zoned districts. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requircment~ of the Growth Management Plan. VA-2004-AR-5798 CCPC MEETING 7/1/04 7 Agenda Item No. 7 A July 27, 2004 Page 13 of 31 EAC RECOMMENDATION: The Environmental Advisory Council docs not normally hear variance petitions, and did not hear this variance. STAFF RECO~'L"IENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that the existing conditions of the location of the adjoining structures restricting the buildable area of Lot 46 and the remaining building separation are sufficient ameliorating factors to warrant approval of this petition. Staff recommends that the Collier County Planning Commission forward to the Board of Zoning Appeals a recommendation of approval of Petition V A-2004-AR-5798. Should the Planning Commission choose to recommend approval of these variances, staff recommends an approval should be suhject to the following conditions: 1. The variance is limited to 4 feet for the side yard setback fl)r the principal structure on the west side of the property, and 1.92 feet for a bay window on the cast side of the propcny, as depicted in the applicant's site plan, prepared by Steven K. Sandy, titled Boundary Survey of Lot 46 Park Place West, prepared March 4, 2004. and stamped received April 27,2004, except as fUlther restricted below. This site plan is included as Exhibit A; and 2. If the residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. VA-2Q04-AR-5798 CCPC MEETING 711/04 8 Agenda Item No. 7A July 27, 2004 Page 14 of 31 PREPARED BY: MICHAEL J. DERUN1Z, CFM, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAY BELLOWS, CHIEF PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY. Alep, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITf, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION RUSSELL A. BUDD, CHAIRMAN DATE Tentatively scheduled for the July 27,2004. Board of County Commissioners Meeting. ExhibiL'\: 1. Location Map 2. SMP 3. Amended Site Plan 4. Section 3.5.2 5. Site Plan, entitled, Boundary Survey of Lot 46 Park Place West 6. Support Letter Aerial Map 7. Fax 8. Aerial Map 9. Zoning Map VA.2004.AR.5798 CCPC MEETING 7/1/04 9 Agenda Item No. 7 A July 27,2004 Page 15 of 31 g:; CJ- - ~ (:).... ~ \~ \ c- cr J' - !" @ : '.- .....-::..~---_.,;..:.:-.._;::.:.:.: "").s btJ (J \ ~ o -J !',. , ~ ~ \ ~ ~ -{I. ~~ -_-:to --;.;... , ,. <:t ~-j" , ~ol- ~'7 ,-. - ~-~~.j-" -- ,---~..-- _ ..::;~.,;;.;....>-:.-.-..=.tL ~~ . . j)~~,r __. ,. _',.. . 0 "'t- ol" ~ ..' 0 N 0 :.~i. " . ro~~~~ .~~~ 0> <{ so S Q. .... Z w ::I Q. o ...J W ~ o W l- V; II "". "Ii ~ili ,.i!< ;-e -II Ii ..I! ~ ~ o' :v In .:, ~ (;Q w ~ ~ Q. ~ :.:: .J ~ ~ Q. i .~ 'l\ ~~ 3 N' 0,1- ;D . f 'i~ 8 \:'-- '" Exhibit 2 - SMP J\ ," - / -- c:--::.. G=a ~ 0 in 6 ; X n:: Z Lo.1 n. W I I 0 0 i~l~d' .i W Im- ..- .-J IIH - ~ - ~ .... .... H ::J 1 I 0 .... . H ::J 1 I 0 ------ _ "";;;-;UH/I (IiW ~ 15' -- ------ ~3MOd . VO/~01.:1 ,001- ONV lN31Y3SY3 6Z "Dd or "8"0 3 .00 ,es .0 S .--------- ".,;~ .. --..i.- ----------------- --------------~ ~ t. I ....-.r. : I e ' I : I' e " .I \- t ~ . 6 :t ~ ~w ~ ~~ l r -'- ~ 1 \. ~ ~. ~ . a .woo ..tIt <{~..- ,,0(") .0_ "ON 0 Z ,..: r-- -" ~ ('4 ..---- ~?'-~ - -~~- ---ro.::2.o.-- - "0 C Q) Exhibit 3 - Ammended Site plan ..,.,...- r~-~.:. RECEIVED f:lli r 1 t' 87 r:.~ r~ ZONING DCPT. ORDINANCE 87- ~ c:,l ,-..... ..:) Q ~ "'= -<: > :..w 0 u W '-:l ........ = .- ...., ....... co e::: 0--'.1. .'.:-;>': ~1g$ '..iu-o .,ou j~E5. -2'w- . -.J -.J -'uc5 U AN ORDINANCE AMENDING AND CORRECTING ORDINANCE 82-80, WHICR ESTA1lLISHED THE IMPERIAL WEST 'PUD,-BY A.'{ENDING SECTION 1 TO CORRECT A SCRIVERNER'S ERROR IN THE LEGAL DESCRIPTION, SECTION 3.4 - USES PERMITTED AND SECTION 3.5.2 - MINIMUM YARDS; ADDING SECTION 6.14 - EXEMPTIONS FROM SUBDIVISION REGULATIONS; A.~ BY PROVIDING AN EFiECIIVE DATE. WHEREAS, Coastal Engineering, representing whispering Pines, Inc., is hereby requesting amending Ordinance 82-80, which established the Imperial West PUD. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: '. SECTION ONE"::, .' . ... ~ ,.,' , . ,,' !,- " Section One of Ordinance 82-80, is hereby corrected to read as follows due to Scriverner's error: Section One: ]$::2 The Zoning classification of the herein described real property located in Section IS, Township ~g 48 South, Range ~, 25 East, Collier County. Florida, is changed fr01ll "A-2" and "GC" to "PUD" Planned Unit Development in accordance with the POD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number, Number 48-25-5, as described in Ordinance 82-2, is hereby amended accordingly. .;:.. SECTION TWO: Section 3.4 - Uses Permitted of Ordinance 82-80, is hereby amended to read as follows: Section 3.4 USES PERMITTED: No building or structure, or part thereof, shall be erected, sltered or used, or land used, in whole or in part, for other than the following: A) Principal Uses: 1) Multi-famdly residential structures. 2) Project management offic~ and facilities. 3) Cluster housing, ~':') co ~f;1 r-~-' -.I )>~ ;:too c:= =c~ c.~ ;po -,. r...r:;;'l I u."...... U1 PloL p,-. ~ , , r-- ',"l ':.J C1 --. :;c ::~: U1 5:-' W ;porr. <on Q Group Housing and. 22. Zero lot line housing _ ,'~ ~ . i '-:J Agenda Item NO.7 A July 27, 2004 ExR:M~t1840f 31 --"" WORDS UNDERLINED ARE ADDITIONS; WORDS S~RYbK-~RgYbH-ARE DELETIONS. r~--':' r~ r;:-- -.. SECTION THREE: Section 3.5,2 - Minimum Yards of Ordinance 82-80. is hereby amended to read as follows: Section 3.5.2 - MINIMUM YARDS: The multi-family "tracts" included in the project design are not intended to facilitate traditional criteria for front. side and rear yard setbacks. 9ft-~fte-~~hep-haft4. The following criteria are herein included so as to preserve the integrity of the project and to achieve a higher level~l~eta:~on preservation: A) Front ya~~~~\[~~~measu;~d from edge of internal pavement~:t:'1t~t.,' , ' '~:'" ," B) Setbacks from project boundary lines - 25 feet. C) Setbacks from Florida Power and Light Easement - 2S feet along east side of easement, 0 feet along west side,of easement. D) Setbacks from lakes - 15 feet from top of bank. E) Distance between principal structures - 20 feet or one , , half,. (1/2) the sum of the he1gl1tllo o~ the 'adj acent, .' . s true tu'rss'.. Whichever 18 greater',' . ',,, ".' ." ,', F) Setbacks from internal common tract boundaries - 25 feet for adjacent tracts developed under separate master plans. zero for adjacent tracts developed under the saj~' :- master plan. . ,ll..... G) Setback from Imperial CoIf Course Boulevard - 50 feet. SECTION FOUR: Section 6.14 - Exemptions from Subdivision Regulations of Ordinance 82-80, is hereby amended to read as follows: Section 6.14 EXEMPTIONS FROM SUBDIVISION REGULATIONS: Imperial West is exempt from the portion of Article X. Section 6 of the Collier County Subdivision ReKulations requiring the developer to clear the entire road right-af-way. SECTION FIVE: This Ordinance shall become effective upon notice that it haa been received by the Office of the Secretary of State. I?~T_,~: ~~.2.r; /7'.P? t' ~ , ,.:~"> ,~~'!~I;>;:er tb :", 'ATTEST,~',~ BY: i .,.., ;' .' '. JAMES 2"~II.ES. CLERK MAX A. .~c. ..~,~~ Dc-. V1'1; '^!'l~~v~' AS TO FORM AND LEGAL SUFFICIENCY: ~~~, R. B E ANDERSON ASSISTANT COLLIER COUNTY ATTO~~EY BOARD OF COL~ COMMISSIONERS COLLIER CO TY. FLORIDA :/ This ordinance flied with tne Secretory of Stote's Offi~e....tl:l!. ~ day of (U~. .L:tLL and acknowledgement of that fili received tnl day of B PDA-87-7C AMENDMENT WORDS UNDERLINED ARE ADDITIONS; WORDS SiRltSK-1:HR9liE;H-ARE DELETIONS. . ..... ..1-' genda Item No. 7 A July 27,2004 Page 19 of 31 ... a !'ol co ~ ,.. .... i :~... .B &;gg~ 1. ::i:;~Cl .& <fjS;i I ~~~;j ~ ":'Ol-<U <~< zl >lIorCl2 0-' fiX 5l~ CI) .I.. ~~J ~!1 ~, Sa it ...::1 !I g.. 5 FOOT IWlE ~~ ----------, --~------------------- J I I I I I ~~~ : ~2~ : .i l '8 I ~ ,I J i i i~il iJ ! i i )[5 e ti J ..~ ~ 'I i tii ijJ4 !I !lf~1 ~J,l !~ II) ".. ~i i 'l! ~ Ji I IEtl.-! z ~jfd 'III d~ll ~ 1'1 It ~ ~J;!I ~Hill jilJIl ~Ji.h imJfj fflel: dUlI!lill '8" 'JI!!I}) ~} ! .1')'81 . n !mJ~f~ im : i~ Id I i. r1i w, 2: ~ 0::" \!,., cfll' ~i~! ~ ffid! ! ~r! ~ ~~ ~ i ~ sl I I 5 , I ldl.oo~ : .G'DC ~ ~~d :J:~!i~ (.) ". :z -jj W CD ~=f ,~ I 8 j .! r 1!il.!l 1. Sj (.) . U! t~ i Hub CI) z.. ~ ~ 2 Q!~ ~.g.f .wi IllJ ~ ~ 0 ~ ~ :t~lif r!J 18 lU..;I < D:o Z ~ i! ~jq ~UUIUI ~ Sh UIU ~ ~~~ ~ .[ i=~ l&l -.,; ~ ~ 3:::10 8 iCl;~ CI. Q; ~~~ ! I ~~dd~~~ ~"'~~gi Q ~~ifi ~ S ~~~!i 1 i ~~itH:~~l' > I ~Iilt"rn i ~ jl f ~o~~~~ i ~~I i ! ! i w ~ I C lit ! CD ~ CI)>S ~ ~M!lt lit I ~h!lI* ~ ~~ I ~ i i~111 !j'Ui -'IJUJJU :.1 ~ ~ ~ ~ ..1. !tllEf i :i ~ i ~ nU, j~h5@ ~UA5i5J~' CI) Ii: Ii: u :i~~~ !!!~~!l I;:;~..v;w; . LUWLlJWWUI . 19lolol!l'" &i~~,gt ~ U)U')0C1'HnfI.J co;;;; N.... c( ~~ ~ ~ ~~_ Ill) we>'" >~ !5~8 a ~ u.;1 . ~ cs ~ ~ ~ !~ E ~ It) .... I- 9 n ~<:/ ~ ~ (,,) u ~ ~ 0 UJ l- I- < -' a... ... I- ~ 0 .,; z ! w ~ w 0 v; '" ll:: !::: '" 0 ~ !! s~ Exhibit 5 /200. .-/ 15:38 239-254-1742 R ICiARO Rt.lNDLE PAGE 82 MEMO TO Joe Gagnier, President, PPW Association, Inc. FROM Larry Hegarty, Chair, PPW ARC Lot #46 March 10, 2004 BE DATE I. . The house is \XDJ'CI1W'kable, having been built several times in this development. 2. Tbete are difficulties placing the house on the lot, due to the size of the lot. 3. The ARC:recommends waiving the 10' side setback restriction OD one side (permitting an 8' setback)~ to allow for a bay window. 4. The ARC recommends placing the house as fM back aD the lot as possible, coXJSistent with the 25' rear setback requirement, and waiving tho few inches that the house would:t8.U short of the 3S'ftont setback. Attached: Plans -7 ' r ~ _: 11. ~. .~:/~.~~ "1c.' .. . 3~/d-;;;' ~ Exhibit 6 Agenda Item No. 7 A July 27, 2004 Page 21 of 31 14/06/04 11:25 NEW SCOTLAND YARD ..~~.. ~ 9416436968 NO. 147 [7.31 To: Mr M J DeRuntz Principal Planner Collier County Government Community Development & Environmental Services Division Department of Zoning & Land -Development Review 2800 North Horseshoe Drive Naples, Florida 34104 From: Mr laD and Mrs Susan A Cocklin 83 Dalewood Road OrpingtoD Kent BR6 OBY England UK Re: Petition V A-2004-AR-S798. .James and Connie Adams Please see attached objection to the above petition. Hard copy will follow in post. Many thanks ~ Ian and Susan A Cocklin Agenda Item No. 7 A July 27,2004 ExhPaGe 2Q of 31 14/06/04 11 : 25 NEW SCOTLAND YARD *~"*. ~ 9416436968 ~02 NO. 147 83 Dale Wood Road Orpington Kent BR6 OBY England UK 14th June 2004 Mr M.J. OeRuntz Collier County Government Community Development & Environmental. Services Division Department of Zoning & Land Development Review 2800 North Horseshoe Drive Naples Florida 34104 Dear Mr DeRuntz Re: Petition VA-2004-AR-5798. James and Connie Adams We write in connection with communications received from Mr and Mrs J Adams and yourself regarding the above petition. As we are not currently resident in Florida. although from 2005 we win be resident for six months of the year, we are unable to avaU ourselves of reviewing the file as invited. It was our. understanding from the Adams Letter (copy attached) that no variation was being requested between Lots 46 and 47 ParX Place West, Lot 47 being our property. However, it is clear from your correspondence that there is a request for a reduction in space between the buildings to 16 feet. This request IS apparently made on an allegation that Lot 47 has surpassed its side setback by 4 feel As we purchased this property in December 2002 we are not aware of any agreements that were made at the building stage, but it is clear from our purchase documents that our building is correctly located. This being the case we can see no reason to review or alter at this stage anything that may have been legally agreed by parties in the past and accordingly we lodge the strongest objection to any reduction below the 20 feet minimum between the said buildings. It has been said by Mr and Mrs Adams that they do not wish to alter the design or integrity of the community, however it is our oveniding view that these reductions in space would materially affect the visual aspect of that particular section of housing 'and distinctly set them aside from the other propertles close by which are well developed and spaciously s~~~R8C1tem No. 7 A July 27, 2004 Page 23 of 31 14/06/134 11:25 NEW SCOTLAND YARD .~~.. ~ 9416436968 i'C.147 [;)03 Your attention is also drawn to the size of the proposed building, which is somewhat larger than that of Lot 47. It seems apparent that too much house is trying to be squeezed into too small an area, and therefore a slight design alteration to reduce the size may be the correct procedure to maintain the current ambience of the area. We trust you will fully and seriously consider these objections and act in accordance with them for the prevailing good of an the local residents. Yours sincerely, ~~ Ian and Susan A. CoekIln Agenda Item No. 7 A July 27, 2004 Page 24 of 31 14/136/04 11:25 NEW SCOTLAND YARD *~~** ~ 9416436968 [;104 NO. 147 May 17, 2004 ran aod Susan Cocklin 1159 bnperiaJ Drive Naples, .Florida 34 H 0 Dear Property OWner: pjc:aSc be advised that we hAve made a fbrmaa appliCalion'toColliCT County fur a variance from the requirements <If the zoning regulations as they .apply to the fonowing described property. 1155.lmperlal ~ye. Lot 46. p~ Place West It is our intent to ask the CO\mtY to. allow us. to- build 'our home at the required to ft. side setback line. cvcn th.ough lot 47 surPassed tbci:t side setbaCk by 4. ft.. . We wish to keep our home dcsigrl the same as the rest of P'1Il'k Place West in order- to ileepthe iatcgrity ofthc: neighborbood home designs tbe same.. We arc also asking the .County to allow us a variance to extend a window 5t.rucNte on the East side oft:he home by 2 fl. to build a 2ft. x. 4ft. bi'Y window. Thi, will keep the home within the same de$ign stNccure as the homes on lots 43. 44 and 45. 1.. We have received llppTO.....a1, 1'01' this variance, nom our Park Place West Arcbitectucal 1l~ Board. . In ordcsr to provide you an opportUnity to become fully aware of our intention. we will be contacting'you direcl1y withiri the next few days or you may cheose to telephone us for further .information. In any event, please be advised that we are interested in assuring you that our request will not advers.ely affect your 'J'l'operty interests. W. have written this letter in compnaDce -with. Collier County poliCy. R.espectfuny~ /J. c.~ /~~c:~~ .fun and Connie Ad&m3 2012 Duke Drive Naples. Florida .34110 Phone: 566.1525 Agenda Item No. 7 A July 27,2004 Page 25 of 31 V A-2004-AR-S798 PROJECt # 2004040033 DATE: 4/27/2004 MICHAEL DeRUNTZ VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. - Date Petition Received: Commission District Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: J,~ -r ~J...t'17 A/)A-,...,s Petitioner.s Address: :J 01.1. Dv,Ltr t:M.r yz; JJ AI1J.&:S k.o...,M I I ;J C( II 0-- . r" g , Fax.#: .~, €.- /.5".JS Telephone: ~~q - S"l'- ,S!l~ E-Mail Address:VAb~l./foSQC~l46r.NII..j""" Agent's Name: lZe....4...6 Kv./,t:J t'; Agent's Address: 97S- /MJ1?/F,MA-t. ~o"r: (()c"C.~C:~OVLdV~i) iJ:'/I?_j,/ ,/ ^' 4j)u..::;> C, - "l'fJt 0 , Telephone: .l. ~q - ;l7:2- ~ 'l~ ~ E-Mail Address:IZe.It..A. ~v..d) (CI A SL.. . Cct-'t Fax.#: ,,~ - 1'7 q ~ .,. Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Page 1 .. Revised 4/03 Agenda Item No. 7 A July 27, 2004 Page 26 of 31 Complete the following for all Association(s) affiliated with this petition. (provide additional sheets if necessary) Name <<;)f Homeowner Association: t.4ft.l( All ct:r J,.f ~ /..J.1l~ OUN~S. Ass Dc./~~ MailingAddress J:2()3 /l'1l1iP1/4t..btz.IV' City NAllttrS State H. Zip .~c..f/I'O Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: G 4. .-..a..-:"2!W.. /,.... tl4:/IIC./A4 g t'JA 4..6 - Mailing Address <t ~ 114,1_ 'ac.":' tAt. _ (1.... '" City t\liJIt.d2 State r;:.r... Zip ili/IIO Name of Civic Association: Mailing Address City State _ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: fiJ~(. P,A-ctr LI~,. Unit Lot ~ l{ {. Block (s) Section IS- Twp. If fl Range .:J. S- Property I.D. # S31~ocO 41. 3A IS- Acreage Number: Metes & Bounds Description: Address of Subject Property: (If different from Petitioner's address) lIS'S" /MIJl:~{A'- Dall/IF AI~/f!'fS r:.c. "SCflfO / r Agenda Item NO.7 A July 27,2004 Page 27 of 31 Current Zoning and Land use of Subject Parcel: "C;; -' ~ J d )::;;zH.I LY 1?a..r,^"1'41 ~'U"1 J A-JA US F" '( - ~LJ Adjacent Zoning & Land Use: ZONING LAND USE N~ s ttf PuO w 1,( PuD E '"' fl.{f) (l,"b"f4l<.lI~ 1s;_G~e- ~dJ4"'Y ~f0i~l ~ / /""~,''rv7(t:J'''A c- -rarn'QI'Y"," Pro(~-kr (l~./)D_o.m.Hf / S;_~r.:- ~,,....~~4\ ~ e6,1t)"""',^,Ie)A / S'r"'C #-lc7 J:"A......,L.,..~Dt1('\c.t.\ ~ / . 1..... Minimum Yard Requirements for Subject Property: Front: .3 5' ~ Corner Lot: Yes 0 No ~ Side: II!) 'Fr Waterfront Lot: Yes 0 No I2?J Rear: .25 ~-:-. Agenda Item NO.7 A July 27,2004 Page 28 of 31 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. J#at2tF AlI'le" :2 P",^"'T"J.. 'i'O I~S a.7"H"7~: ;:J4c-, r : a"tJPCS6=~ ~l!.oe-T"u"&1 /"'ct.,,~~ tfl4Y 1/"IIl('JH OJ lF~f,.lJiP" ~ ~C'IIC4CHcK ~ ~T 1M S,MSt!",-BAu!. . U~cutt., JJ,'S~i/#7-Ud"~ /1."c.,6,--_s . ~ ;:: 't ~rl :-.0 ~ ",yo, if> / 8 ~ -. :1 I L>ifi:Y 77 ~"l L. ;:: LD fJ I'(. a ~ 1=q II. $, ,.,.....A-&- t, ~ L.,~ ;0 ~ ,J;:~, Vet,:> try Awod /IS) OH#lf!Itrl> ~y (J~-n710"'@-~ J.lc=iLGI ~()V~ Sy (r!JcJ..cTY v'-r~u7' 1P6'(J,)IJ'Jt!'4/~6 A Vf4".'A-~ ~&. fJ Art-i7L.. 1 Dr t/ ~ Is 1/ A. c...r- PIloP~i"f B ..n..cw';;:"" :l &YI s7i- r.. ~1t.11e.TiJ41id' - 10 lite &:M, A-,..r6 J/E'$I. ,1-rAu c.7UAd 70 'J7n, bJK, (1,,1''15' )/,fM, IJcJ,,,rlly t?~71o-l,...,s. AIlI,h Mr!fo-r Au- t'c9t..'.I.:-Y" l!o~ti'S. :;r",..H!.rcJ"'-I!' J8 'fH.-J;/~{LDr4"') JJI'r'S. &U,..., ~y ell.eV1Qfd /:J~tI'"P'DPt;;4- ~ ;; 7 y~ A-~~, zc:!) 03 I z: I> ~ S' eo ;F-'li-rtfW~ AIPue ~ tL...."~6 fl~'7{4..:J()S:f"~e~~5) ON l~o~3.. tJ~tf"rCW'~..s H t1'T" a,/)~ ~,~~ I=On.J;: 11>.; Se'f""~ (, O'r=..~~, ). )-kx..trYlM't.=I(.., O~Nd'Jt.. Or:;.!o,'/7 CNCnoA&""~ .q ;::-tr'1!"( /"n; J.I.s S,AG: Serrll~ /?,N ~r5, />,7 ~~C1''''' I:::H!;f~ee~, 6"'" ~-;-Jl"c.r"LeS i="'~ :J.O-;:~'" 'j'Q /6 r"d/. "'~ ~ A/tIb !;>a'S",I.J A~ A/) JP.ea=WJ" UI<I'/'S. /.l,.di. eo.." ~~ 1(, r~ tJr!"t'"t::'UJPrl~ ;.t~ {)t:= THS'ftJb- j)rl//SroJ. /iJ1S / $" /Jt-t!' ~:s-r Vi'll' 0;::: Irs /4,1.t. Ii tfur dv#r ".4 Jrl-,SSiAe-t:r.ANY rJr/.IGC- VXII j,/DcJ,J> "D-;'"f~ 7iJ /fB~gQ#~)' b.aN l!'"L /) PdQ.. 6-~SlI#Cf> G>.a~""ooIrJ CI1OA-c''''''''''' ~ ,1.F>e' Se::r BtlCf'.'> As - I~ Please Dote that staff and the Collier COlmty Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (l-8). (please address this criteria using addition~l pages if necessary.) Agenda Item No.7 A July 27, 2004 Page 29 of 31 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. I. f)~ff1nJ6AS Y'tteVIr;duY tlt:'C""fI'~ ~ BuH~'..&6 Pd'!'t.""'f> F"-f)t-f ~cJ""iY '}:;iL. IDISU;-I (4c. kOOl PL4o( a...r ,$,IHILA,L gT2.!'"~ ~-;$. - Lfl.f 'r lIS- tI"..."OVT VA4.1~C!lr. ::J. U""s:;-.s; InS- VAIl, AorCa=- I s ?~v, Q.~J.,. BPCI'I'-'~cr OHNt!W- 01= J" I' t::JH 187" Jf'7 lful"lhs'S,Ave-ILlAt:- 'IJ=i:t.er }I'I1'o I';'~ G"4!>r S:1>er S~~. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the varianee request. /lh' (/"l'T ~TAtJa:r~j) t:W L",l{'l (J../B'$rt}]::' Su8.r~r rf,toP.n7Y) Dc$ ,.J~I rlf/Ri1'i' f70J~ () AsscerA7rO,., ~Jj"Stri""~" i?~"lPC;'.cc?""'cr"';- (!);:: /OJ::~-_ #tT 1/;::0.;- G;cC:lttJ.AC;lI"If@'l1 ;::-!)'c.~ &'no-J~s ;a ,4fJ,4,Y ~ A- V~f~eJ 7D H~- tbtJ;I"Y ,;10 ~ b.f.7'A-Nce Q....T...,~ $-;""AI.I-c.Tc'>/ftTS. (J~ro,JS&.> HAl> NO ~TfIOL OF T*,~ PIle-- ~'~TI~" ~'!)"i"&-" 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. V es.. (J f?'l7'I,o,..Je--S A-,z.a- V-l b~ ('O--C'i7U'..';- 1-1'7'" A dc.Nc./J~ ~ TiHF (?".,S';"Z'Z.-c:nCIf' O::-PfloA!>50pb 5i>>\Jc:..rl.1J1,"~. ~l.'- &.sr- k?~''''G 1D 1l~",~~d'f:ft,.1 t!J;:: V~...c,~ P,'c. ~~n...'r 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or snucture and which promote standards of health, safety or welfare. Y..e-S. VA.t~A~CI!' 1),&1_ AHD a..l i/.,....,...,...OMeL5. In ('o~DL.~ i="1.J A,- "~ll {),J, BLOc..1l d~H..H~ \ bg..Cr,C.At.. QVH.b...L(; ~ .6..( fol Cou1="~",,".TY To c?,c, So ,-, '" '" 'Sr"lt~ c.l' v .Q..~ , '" .*" $" i1- D, Vt'S., C o~ .. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. ,..J o. ~ e:'lr TiO/l.\~.s A It.... ~&.lJ~ll~ (, I~ SA-roC.';:- Pal v, Ler~l......s:. ',rArl7ez;> "i7J tlI#r::;c.. Atopt!:'U.7'Y tJ/.ANeo<$ /H tt,AK~~ No. 7A "JU1Y~7,2004 Page 30 of 31 8Y' 6AAd.,,i6 VA-J.r~ IIkr ;;'~r-r JJ,~c.. a;tr?;e7 "4,, c;:n,4(;J/Z.. tttlrbr aV IJ~ {);; 10, q~ ~~6 rJ..rbJiY Jffl,"~'" /JM ~ tJ~O~e'7'~ . 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. y~. ~1tArrT""1"'" /)j:::: Ur".,,,A~CC1 i.h/', !1utJ/wI' t1e.n77{YJ~ 1D ~srA...,c:i ~""'t.~ J,.r,~ As t!.vcK~n~ ~/sr /iJ 7",/r &.14-s1 ~tl J./tr>/ (>> 1f)/~6 - A""",e.a.rl o~ I.s /~ ~,Af. {l~';::e;tr";Y //'TH AIL ea.o~. 7. Arc there natural conditions or physically induced conditions that ameliorate the goals and' objectives of tho regulation sl,lch as natural preserves, lakes, golf course, etc. 1./0He 8. Will granting the variance be consistent with the growth management plan. Yes:. A-t?~.L' C A ""r ~ tJ~, -r /.5 / /)0-111 ~.4-, In f/A ~ 4J~ L Y &~IfiH-ncJc.-t;:b J,s,-rs. I H P~IJ. Pc. <4 tt:l' t.r~, A-,,/J /-f67?'TS 4.1t. {hv,.l(Y A#JJ /J~ Il.~ VD"Sr ~()WA,pS. ~~ #fAYA~d"/"'fiJHr,tZ#.r... ** Section 2.7.2.3.2 (3) ofthe Land Develovment Code requires an applicant to remove their public hearing advertising sign (s) after rmal action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (5) immediately Agenda Item No. 7 A July 27,2004 Page 31 of 31 ....- -.,,---- EXECUTIVE SUMMARY Public Hearing to consider the adoption of an Ordinance establishing The Quarry Community Development District (CDD) pursuant to Section 190.005, Florida Statutes (FS). OBJECTIVE: The objective of this public hearing is for the Board of County Commissioners to review and consider a petition for the establishment of The Quarry COO by adoption of an ordinance. CONSIDERATION: On May 10, 2004 Centex Homes filed a petition with the Collier County Board of County Commissioners for the establishment of The Quarry COD. A mandatory $15,000.00 application fee accompanied the petition. ,.- The proposed district covers 958.63:1: acres of land in portions of Sections ]4, 13,23 and 24, Township 48 South, Range 26 East. The district is located entirely within Collier County, Florida. Exhibit 1 depicts the general location of the project. A map showing the location of the land area to be serviced by the district appears as El'.hibit 3 of the petition. The metes and bounds descliption of cxtcrnal boundaries is set forth in Exhibit 1 of the petition. The COD includes a portion of a previously approved Planned Unit Development (PUD) and Development of Regional Impact (DR!) known as Heritage Bay. The proposed COD includes an area planned for approximately 3,450 units and amenities on 958.63:f: acres. As of May 23. 2004. the advertising date for this COD, no PUD amendment petitions for this project had been filed with Collier County. By adopting the ordinance and granting the petition, the Board of County Commissioners authorizes the district, through its Board of Supervisors, to manage and finance basic infrastructure for the benefit of the landowners and residents of Heritage Bay. This infrastructure, under section 190.012(1), FS, includes basic urban systems, facilities and services: water supply, sewers and wastewater management, surface water control and management (drainage), and roads, bridges and street lights. If adopted, this ordinance would not constitute consent by the County to the further petition for the exercise of additional special powers authorized by Section 190.012(2), FS. These powers may include the operation of parks and facilities for indoor and outdoor recrcalional,culLural and educational uses, as well as security, including, but not limited to, guard-houses, fences and gates, electronic intrusion-detection systems and patrol cars, with certain el'.ceptions. In order to gain these additional powers. the newly <.-Teated Board of Supervisors would need to further petition the Board of County Commissioners at a later date. - Agenda Item No. 8A July 27, 2004 Page 1 df 67 The Board of Supervisors is initially elected for the first six years of the duration of this district in a property-based election (one acre. one-vote) that has been specii1cally ruled constitutional [State of Florida v. Frontier Acres Community Development Dist., 472 So. 2d 455 (Fla. 1985)]. By operation of law, in time, the Supervisors are elected on a one- person, one-vote basis. In order to provide the basic systems, facilities and services, the district has certain management and financing powers. It may only exercise those powers, however, if they comply with certain strict and detailed procedural requirements including ethics in government, disclosure, connk..t of interest requirements, noticed meetings, govemment- in-sunshine conduct, accounting and reporting requirements to various local and state agencies. consultants' competitive negotiation procedures. competitive bidding procedures and others. The adoption of the COO ordinance does not constitute a form of development approval. Adoption of the COD and compliance with these procedural requirements does not. in any way, allow the district to manage and finance any of these services and facilities without showing that all legitimate policies, constraints, authorities. controls, permits or conditions on the development of the land, whether local, regional, state or federal, and whether in the form of policies, laws, rules, regulations or ordinances. have been compiled with concerning development of the property. In essence. adoption of the COD ordinance does not exempt the petitioner from compliance with any applicable local, regional, state or federal permitting or regulatory processes. In this sense, the COD is merely a mechanism to assure the County and the landowners of the district that the provision of infrastructure and services' for the PUO is managed and tinanced in an efficient and economical way. Finally, ill order to prevent potential abuses of districts by landowners or by other local governments. the Florida Legislature permits that the charter of the district, in the geneml statute itself, may be amended only by the Legislature. In order to provide these systems. facilities and services, the district also is given certain eminent domain powers. within tight constraints, as well as the authority to require service charges, fees or taxes for the various services rendered, nmging from installation of capital facilities to long-term maintenance and repair. Without the County's consent by resolution. the aforementioned eminent domain power is limited to the boundaries of Heritage Bay COD. The district may also issue revenue and other user bonds as well as general obligation bonds. However, no general obligation bonds can be issued without a referendum and without a showing that the bond will not exceed 25% of the assessed valuation of the property within the district. Even with these safeguards and constraints, during the tirst six years of the district's existence, the Board of Supervisors shall not issue general obligation bonds unless they tirst hold elections on a one-person, one-vote basis for a new Board of Supervisors. .- Agenda Item No. SA July 27, 2004 Page 2 ~ 67 Accordingly, if Collier County adopts the ordinance, it establishes The Quarry Community Development District as a management tool to benctit both Collier County's existing and future landowners with pinpointed responsibility for timely, efficient, reliable and tlexible service provision without burdening the existing taxpayers and financial structure of the County. In addition, the district is also a financing tool, off the balance sheet of the County and the developer. It will provide long-range and sustained quality service to initial and subsequent landowners without burdening Collier County and its taxpayers. Finally, such a district may not outlive its practical utility and usefulness. If it ceases to function it will automatically be disbanded by state law. If at any time during its existence Collier County determines by a non-emergency ordinance that it can provide anyone of the district services in a more economical manner, over the long term, a lower cost but with higher quality, Collier County may then take that service away from the district and provide the service itself. Section 190.005, FS, provides that the exclusive and uniform method for establishment of a COO of less than 1,000 acres shall be by county ordinance. Section 190.005, FS, outlines the specific content required in the petition and further outlines six factors for !.he Board of County Commissioners to consider in determining whcther to grant or deny a pctition for the establishment of a COD, as follows: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the (..Teation of the district is inconsistent with any applicable clement or portion of !.he slate comprehensive plan or of the effective local government comprehensive plan. 3. Whethcr the area of land within the proposed district is of sufficient size. is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrclated community. 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. 5. Whethcr the community developmcnt services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development serviccs and facilities. 6. Whether the area that will be served by the district is amenable to separate special-district government. Legal, planning, transportation and public works staff have reviewed the petition and exhibits submitted by the petitioners (attached) relative to these six factors and have found the proposed Quarry COD petition to be compliant with cach of the six revicw factors. Staff analysis rclative to the si:< factors can bc found in Attachment 1. ,-- Agenda Item No. 8A July 27,2004 Page 3 Gl67 FISCAL IMPACT: As previously noted. a $15,000 filing fcc was submitted with the petition. Exhibit 5 of the petition, Statement of Estimated Regulatory COSTS, delineates the tiscal impacts and timing of impacts to be managed by the district. Table 2 in Exhibit 5 estimates the costs of the district's facilities is $112,765,265. Included in this estimate arc storm water management, utilities, roads, water management, mitigation and relatcd fees and permitting. DISTRICT RESPONSffiLITIES: According to Exhibit 5 of the pctition. The Quarry Community Development District, providing the ordinance is adopted, will assume the responsibility of the following: (I) General development of the approved uses within the uistrict (2) Roadways (3) Stormwater Management (4) Water (5) Sewer GROWTH MAJ.'JAGEMENT IMPACT: The Quarry COD lies within the Rural Settlement Area District designation on the Collier County Future Land Use Map. Although the establishment of this district docs not constitute any development approval, the plan of development previously approved for the subject property has been determined to be consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezone or development permits will be subsequently reviewed at the time of submittal, and will be subject to the requirements and limitations specificd in thc Collicr County Lanu Development Code (LDC), and will be required to be consistcnt with the current GMP. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt and enact the proposed ordinance establishing The Quarry Community Development District. Agenda Item No. 8A July 27, 2004 Page 4 &f 67 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SA This item is continued from June 22. 2004. Public Hearing to consider adoption of an Ordinance establishing The Quarry Community Development District (COD) pursuant to section 190.005, Florida Statutes (F.S.). 7/27/20049:00:00 AM Prepared By Glenn Heath Community Development & Environmental Services Principal Planner 61712004 11 :47:39 AM Approved By Comprehensive Planning Sandra Lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date Approved By 612312004 1 :43 PM Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 6/24/200410:17 AM Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 6/28/2004 9:28 AM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Approved By Office of Management & Budget 6/30120048:54 AM Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 716120044:32 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 718/20048:10 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7;81200412:58 PM Agenda Item No. 8A July 27, 2004 Page 5 of 67 BEFORE THE BOARD OF COUNTY CO~IMISSIONERS OF COLLIER COUNTY, FLORIDA RE: A..'l ORDINAI\'"CE, PURSUAJ."'JT TO SECTION 190.005(2), FLORIDA ST A TUTES~ TO ESTABLISH THE QUARRY COMMU~ITY DEVELOPL\1El'T DISTRlCT PETITTO~ FOR AN ORDI~ANCE TO ESTABLISH THE QUARRY COM~[VI\'"ITY DEVELOPME~T OISTRICT Pelitioner, Cemex Homes. a l'./evada Generul PartnerS/ill), by and through its undersigned couosel, hereby petitions the Board of County Commissioners of Collier County, Florida (the "Commission"), pursuant to the [/Iliform Community Development District Act of J 980, Chapter 190, Florida Statutes, to establish a commLLnity development district with respect to the land described herein ("District"). In support of this Petition For An Ordinance to E~tablish a Community Development District ("Petition"), Petitioner states: 1. Localion and Size. The proposed District is located within the unincorporated area of Collier County, Florida, and encompasses 958.63 j; acres of land ("eDD Propcrty'l A location map, sketch and metes and bounds legal description of the boundaries of the District is attached as Exhibit "1." 2. Landowner Consent and Address. As required by Section 190.005(1)(a)(2), Florida Statutes, written consent of all the landowners and entities holding an option to purchase land within the proposed District is attached as Exllibit "2." 3. Board y[ernbers. The five persons designated to serve as the jnitial members of the Board of Supervisors of the Disrricl, who shall serve in that office until replaced b>' elected m('mbers, as provided in Seclioll 190.006, FJorid~ :::tatutes, ~r~ as follows. Agenda Item No. 8A July 27, 2004 Page 6 of 67 (a) Tom Wcgwert. Chair (b) John Landress (c) JcffRiopcllc Cd} Doug Cohen (e) Mike McLeod All of the above-listed persons arc residenls of lhe Slale of Florida and citizens of the Uniled States of America. 4. l'lum('. The proposed mlme of the Distlict is lhe Qu:my Community Development District. 5. '"Vater and Sewer. Maps or the Dislrict showing proposed stonn sewer interceptors and outialls, propo~ed major trunk water mains and torce mains, and existing in["rastructure including major trunk \\'ater mains and force mains are attached as Exbibits "3A~~ throU2h "3C." 6. District Facilities and Services. Th~ PeLitiQller requests that the District be granl~d lhe right to exercise all the powers provided for in Sections 190.011 and lYO.012. Florida Slatutes. Although construction of other District facilities n1ay be considered in the future, al this time, no formaL action has been undertaken wito regard to any construction or ownership of facililies within the District. 7, Land Uses. The proposed distribution and location of Land uses within the District is showlt on the Master Concept Plan for Heritage Bay ("Master PIan") , attached hereto as Exhibit "4." TIle Master Plait WlC) appro\'ed by Collier County on July 29. 2003, as pan of ., Agenda Item No. 8A July 27, 2004 Page 7 of 67 Ordinance No. 03-40, creating the Heritage Bay Planned Unit Development ("PUD"), and Resolution 1\0. 03.255, \vhich appro\'ed the Heritage Bay Development of RegionaI Impact. 8. Statement of Estimated Reg:u]atory Costs. A statement of estimat~d regulatory costs, prepared in accordance with the requirements of Sections 120.541 (2) and 190.005( 1). Florida Statutes, as amended, is attached as Exhibit "5," 9. Address and Autborized A~ent. The address of Petitioner is: Tim Ruem]er, Division Prcsidenl, Centex Homes, 5801 Pelican Bay Boulevard, Suite 600, Naples, FL 34108. The authorized agent for the Petitioner is: Reginald L. Bouthillier, Jr., Esq., Greenberg Traurig. PA., 101 East College Avenue, Tallahassee, Florida 32301. 10, .Justification Sratement. The CDD Property within the proposed District is amenable to operating as a community development district and the Petition should be granted forthe fo Howing reasons: A. The COD Property within the District is part of a planned community. The COD Property to be included in the District is of sufficient size and is sufficiently contiguoLls and compact to be developed as one functional and interrelated community, and the District is planned to be developed as such. The area to be served by the District is amenable to separate special district government. B. The Board of Counly Commissioners considered the advisability of a CDD when it considered the Pt.)'D on July 29, 2003. Section 2.4 of the PUD provides that "a enD would constitute a timely, efficient, effective, responsive measure to ensure the provision and on-going maintenance of facilities and infrastructure ror the proposed development." :3 Agenda Item No. 8A July 27, 2004 Page 8 of 67 C. Establishment of the District and an land uses and services planned within the proposed District arc not inconsisteut with the applicable elements or portions of the effective Collier County Comprehensive Plan or the State Comprehensive Plan. D. The District wilt be the best alternative avaHab1c for deJiveling community development services to the area to be served because the District provides a govenunental entity for delivering those services and facilitie!. in a manner that does not financially impact persons residing outside the District and provides a responsible perpetual entity capable of making reasonable provisions for the operation and maintenance of District services and facilities in the future. The establishment of the District will prevent the general body of taxpayers in Collier County from bearing the burden for installation of the infrastructure and the maintenance of the above.described facilities within the development encompassed by the District. E. The community deyelopment services of the District will be compatible with the capacity and uses of existing local and regional services and facilities. WHEREFORE, Petitioner respeclfully requests the Commission to: A. Determine tha.t the Petition is complete; B. Hold a public hearing pursuant to the uniform procedures set forth in Section 190.005(1)(d), Florida Statutes, to consider the establishment of the District; and C. Enact an ordinance pursuant to Chapter 190, Florida Statutes, granling this Petition, and establishing the Quarry Community Development District. 4 Agenda Item No. 8A July 27, 2004 Page 9 of 67 Respectfully submitted thi~ 4-H... day of May, 2004. cginald L R tlu ler;Jr., Esq. Fred F. HalTis, Jr., Esq. Jeffrey A. Collier, Esq. Greenberg Traurig, P.A. 101 East College Avenue Tallahassee, Florida 32301 Telephone; (850) 222~6891 F:l.C~imile~ (85Q) 681.0207 Donald A. Pickworth, Esq. SUlte 502 ~cwgi11e TO"l'er 5150 North Tamiami Trail Naples, FL 34103 Telephone: (239) 263-8060 Facsimile: (239) 598-1161 CEl'iTEX HO;\U:S a ~evada general prtnership By: CENTEX REAL ESTATE CORPORA nON: a Nevada corporation, its managing general partner: .~ )lame: Timothy J. Rucmler Title: Division PresidenL Centcx Real Estate Corporation 5801 Pelican Bay Boulevard Suite 600 Naples, FL 34108 5 Agenda Item No. 8A July 27, 2004 Page 10 of 67 THE Qt:ARRY COM\lLNITY DEVELOP:VIENT DISTRICT LIST OF EXHIBITS 1. Location Map> Sketch and Legal Descnplioll of Distllct 2. Consent of Property OW11ers with atlached Affidavit of Timothy J. Ruemler 3. Map of the Proposed Stonn Sewer Inlerceptors and Outfalls Map ol'the Propo~ed Water Mains and Force Mains Map of the Existing Il1frastmcture A. B. e. 4. 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I " 1 a ~ 5 ~ I j~1 ..~ i~ . j,i ! 5 ~ . ~ : ~ =1 I~.I BJ, aUI ijP i . 1 i ~ BACKUP INFORMATION FOR COMMUNITY DEVELOPMENT DISTRICTS Community Development Districts (COOs) are a financial mechanism designed for the purpose of providing community infrastructure, basic services and necessary facilities, along with operation and maintenance, to planned residential communities. Formation of a CDD places all property owners within the subject development under the jurisdiction of the COD. CDDFACTS CDDs are not a form of development approval, and do not serve to permit construction. In fact, the subject development is generally approved prior to s'ubmittal of a COD petition. The formation and operation of community development districts is governed through provisions contained in Section 190, Florida Statutes. The State Legislature must , approve proposed districts comprising 1,000 acres of land (or more). However, the local government having jurisdiction within the project area may approve districts of less than 1,000 acres. A request to establish a COD is made through a petition that specifically addresses the criteria under Section 190, F.S. The local government (in this case the Collier County Board of County Commissioners) grants the petition through adoption of an ordinance that establishes the Community Development District. The primary purpose of a COD is to provide a long-term financing mechanism for community infrastructure and services, through the following mechanisms: 1. Tax Assessments 2. Ad Valorem Taxation 3. Bond Issues. COOs are managed through an elected District Board of Supervisors. The Board of Supervisors may hire staff, enter into leases and contracts, sign interlocal agreements with other local governments, and manage financial affairs related to its functions. The provisions of the Florida Sunshine Law govern COD Boards of Supervisors. COOs are not general-purpose local governments, do not have home rule power, and do not assume any powers of regular local governments. However, at the option of the local government, a COD may assume certain additional powers, such as provision of security, mosquito control, and park operations. Agenda Item No. 8A July 27, 2004 Page 14 of 67 COOs must disclose their existence and the resulting financial impacts to lot purchasers and/or landowners within the subject area, through sales contracts and public notices. Under Florida Law, individual lot and parcel owners are indemnified from any liens or foreclosures due to default of the COO on its debt instruments. When and if the population of the COD area reaches 5,000, a referendum on whether to incorporate is required. However, if an affirmative vote results, no automatic incorporation occurs, and no new city results (at least immediately) thereby. COD incorporation into a new city is governed by the procedures, requirements and limitations contained in Section 165.061, and Section 165.241, Florida Statutes. These are the same statutes that govern the incorporation of any other area into a local gove-rnment. Section 190, Florida Statutes, which governs the formation and operation of COOs, also contains specific criteria for the disbanding of COOs once they have outlived their usefulness. If at any time during the COD's existence Collier County determines, by a non- emergency ordinance, that the County can provide anyone of the district services in a more economical manner, over the long term, at lower cost but with higher quality, Collier County may then take that service away from the district and provide the service itself. Section 190.005, Florida Statutes outlines the specific content required in the petition and further outlines six (6) factors for the local government to consider in determining whether to grant or deny a petition for the establishment of a COD, as follows: 1. The truthfulness of statements within the petition. 2. Consistency of the petition with the state comprehensive plan or of the effective local government comprehensive plan. 3. Does the size, compactness and contiguity of the proposed district allow it to be developable as one functional interrelated community? 4. Is the district the best available alternative for delivering community development services and facilities to the subject area? 5. Are the proposed community development services and facilities of the district incompatible with the capacity and uses of existing local and regional community facilities and services? 6. Is the area to be served by the district amenable to separate special-district government? Collier County legal, planning, transportation and public works staffs review all COD petitions and exhibits submitted by the petitioners relative to these six (6) factors. Staffs make a recommendation to the Board of County Commissioners for either approval or denial, based upon the petitioner's compliance with the six factors. Agenda Item No. 8A July 27,2004 Page 15 of 67 The Collier County Comprehensive Planning Section prepared this item for use by the Board of County Commissioners, when considering approval of a CDD petition. Agenda Item No. 8A July 27, 2004 Page 16 of 67 ATTACHMENT 1 STAFF ANAL YSIS RELATIVE TO THE SIX (6) FACTORS FOR Co.MMUNITY DEVELOPMENT DISTRICT FOR.J.'\IATION FOR THE QUARRY CDD Back2ronnd: Section 190.005. Florida Statutes. outlines the specific content required in a Community Development District (COD) petition and further outlines six (6) factors for the Board of County Commissioners to consider in determining whether to grant or deny a petition for the establishment of a COD. as follows: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the district is inconsistent with any applicable clement or portion of the state comprehensive plan or of the effcctive local governmcnt comprehcnsive plan, 3. Whether the area of land within the proposed district is of sufficient size. is sufficiently compact. and is sufficiently contiguous to be developable as one functional intcrrelated community. 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the district is amenable to separate special-district government. Comprehensive Planning staff has reviewed the six factors referenced above and makes the following findings with regard to The Quarry Community Development District: 1. Whether aU statements contained within the petition have been Cound to be true and correct. Comprehensive Planning Section staff, along with the staffs of the County Attorney's Office. the Utilities Engineering Department and the Transportation Planning Department. has reviewed the referenced Community Development District petition. and has also submitted additional sufficiency questions to the petitioner (see Altachment 4). Based upon the rcview of the petition and sufficiency information. staff believes that the information found within these documents is substantially true and correct. Agenda Item No. 8A July 27. 2004 Page 17 of 67 2. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. The Quarry COD Area is a portion of the approved Heritage Bay Development of Regional Impact (DRI)/Planned Unit Development (PUD) originally approved by the Board of County Commissioners in 2003. As part of the approval process, the Development filed both Growth Management Plan Amendment and PUD rezone petitions. The Heritage Bay PUD Document was reviewed for consistency with the project's comprehen!'ive plan provisions and was ultimately determined to be consistent. Approximately, 14 of the DRIIPUD lies within the County's Urban Designation. Urban Mixed Use District, Urban Residential Subdistrict, as shown on the Countywide Future Land Use Map. The remainder of the project lies within the Agricultural/Rural Designation, Rural Fringe Mixed Use District, Receiving Lands. as shown on the Collier County Future Land Use Map. Finally, the entire development, including the COD area, lies within the Urban-Rural Fringe Transition Zone Overlay, which implements the project's Growth Management Plan (GMP) provisions. This COO is a unit of local government established specifically for the purpose of carrying out the approved Master Development Plan and commitments of The Quarry portion of the P.U.D./DRl. The COD does not authorize any form or amount of development not previously approved by the Board of County Commissioners. Therefore, staff finds that the establishment of the COD is consistent with the Collier County Growth Management Plan. As to consistency with the State Comprehensive Plan, the County staff notes that the COD process is established within Section 190 of the Florida Statutes. The petitioner has not deviated from the standard process, as established by the Statute. Section 187.201, Florida Statutes, contains the tex.t of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for Governmental Efficiency, which reads as follows: " Goal. --Florida governments shall economically and efficiently provide the amount and qual ity of services required by the public." Policy 2 within this goal area reads as follows: "2. Allow the creation of independent special taxing districts which have uniform general law standards and procedures and do not overburden other governments and their taxpayers while preventing the proliferation of independent special taxing district~ which do not meet these standards." As an "independent special taxing district", the proposed COD is consistent with the State Comprehensive Plan. 2 Agenda Item No. 8A July 27,2004 Page 18 of 67 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The Quarry Community Development District, if approved, will be one of the County's larger COOs (953.68:t a(TCS). The BCC has previously approved other large COOs, such as: Lely Egret COO (2,893:t acres) Pelican Marsh (2,075 :t acres), Fiddlers Creek COD #2 (999:!: acres), Mediterra SouthlExpansion (l,113:t acres), and Verona Walk CDD (785.:t.acres) Based upon this previous experience and the subsequent success of these COOs, Comprehensive Planning Section staff believes that The Quarry Community Development District meets the above criteria. 4. \Vhetber the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. As noted within Exhibit 8 of the COD petition, there are numerous alternatives available for the provision of infrastructure and services by and for an approved development. These include, but arc not limited to the following: private funding procured by the developer; establishment of a homeowners association; establishment of a Municipal Services Taxing Unit (MSTU); establishment of a Municipal Services Benetit Unit; establishment of a Community Improvement ~istrict (limited to drainage and irrigation related improvements); establishment of a County- managed special purpose district; or, direct County management. All of these alternative options have various legal, financial or other limitations on their operations or do not provide a focuscd, compact approach to the provision of infrastructure and services. Therefore, staff finds that establishment of the proposcd CDO is the best alternative available for delivering community development services and facilities to the area that will be served by the proposed district. 5. Whether the community development services and facilities of the district wUl be incompatible with the capacity and uses of existing local and regional community development services and facilities. The proposed CDD cannot develop any facilities and services that are incompatible with the surrounding area. This is because the COD's sole purpose is to implement conditions and developer commiunents that were part of the otiginal P.U.D. and ORI approvals. The District Board of Supervisors will not have the legal authority to implement any facilities, services oredevelopment that would be inconsistent with it,; existing development approvals. 3 Agenda Item No. 8A July 27,2004 Page 19 of 67 6. Whether the area that will be served by the district is amenable to separate specialw district government. Based upon staff findings concerning the previous five criteria. Comprehensive Planning Section staff finds that the subject area for the proposed COD is amenable to special district government. Furthermore, staff recommends that the Board of County Commissioners adopt the Ordinance, as contained in Attachment 1, establishing The Quarry Community Development District. 4 Agenda Item No. 8A July 27,2004 Page 20 of 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4() 41 42 43 44 45 46 TESTIMONY OF THOMAS F. MCGOWAN" P.E. 1. Please state your name and business address. My name is Thomas F. McGowan. My business address is 3550 S.W. Corporate Parkway, Palm City, Florida 34990. 2. By whom are you employed and in what capacity? I am currently employed as a professional engineer with LBFH. Inc. 3. . And what is the nature of your firm's business? LBFH Engineering. Inc. provides engineering, survey/mapping & GIS services to private and government clients. 4. Please describe your experience and credentials, including your current employment. I am a Registered Professional Engineer in the State of Florida with over 17 years of engineering experience. 5. Please describe your educational background, with degrees earned, major areas of study, year of degree, and institutions attended. I graduated from Carnegie Mellon University with a Bachelor of (Civil Engineering) Science Degree in 1986. 6. Do you hold any professional designations or certifications? I am a Professional Engineer in the State of Florida. P.E. #44742. 7. Are you a member of any professional associations? I am a member of the Florida Engineering Society, American Society of Civil Engineers, and the National Society of Professional Engineers. 8. Prior to your current employment, by whom were you employed and in what position? I was employed as a Professional Engineer for McGowan & Company Engineering. (nc. 9. Do you consider yourself an expert in engineering? Yes. Agenda Item No. 8A July 27,2004 Page 21 of 67 ) 2 3 10. 4 5 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 11. 12. 13. 14. 15. 16. 17. Please describe your experience with civil engineering relating to community development districts ("CDDs") and special districts. I have provided engineering services to numerous COOs throughout my career with LBFH, Inc. I currently servc as COO Engineer for: Capron Tmil COD - St. Lucie County PGA Village Center COD - S1. Lucie County PGA Village COO #1 - St. Lucie County PGA V1llage COD # 2 - S1. Lucie County PGA Village COD # 3 - St. Lucie County PGA Village COD # 4 - S1. Lucie County PGA Village COD # 5 - St. Lucic County (TI1C PGA Village CODs arc all presently being formed). Do you consider yourself an expert in civil engineering, capable of rendering expert opinions on CDDs, and specifically on infrastructure for CDD services? Yes. What has been your role with respect to the Petition to Establish ("Petition") The Quarry Community Development District ("Quarry-CDD)? My firm has provided civil engineering and consultation services to the proposed COD. Are you familiar with the Petition filed to establish the Quarry-CDD? [ have reviewed the Petition and its attachments, and I am familiar with the materials. Have you reviewed the contents of the Petition? Yes. Are there any changes or corrections to the Petition at this time? No. Are there any changes or corrections to any of the exhibits attached to the Petition at this time? No. Are you generally familiar with the geographical areas, type, and scope of development and the available services and facilities within the Quarry-CDD? Yes. I am familiar with the area within the Quarry-COD ("COD Area"). I am also familiar with the services and facilities available within the Q~&;P~m No. 8A July 27,2004 Page 22 of 67 .., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 18. Please provide us with a brieC description of the Quarry-CDD boundaries and location? The proposed Quarry-COD is 958.63:f:: acres, as described by the sketch prepared by Wilson Miller. It is located on the north side of Immokallee Road, immediately northeast of the intersection of CR 951. 19. Please describe Exhibits "I" (i.e~ location map, sketch and metes and bounds legal description of the boundaries of District); and "'3A -3C" (i.e., map of the proposed stonnwater sewer interceptors and outfaUs, map of proposed water mains and force mains, and the map of the existing infrastructure) of the Petition. Exhibit 1 - shows the location of the COD Area within Collier County. Exhibit 2 - is a sketch of the 958.63:f:: acres dated 4/29/04, and describes lands to be included in the Quarry COD. Exhibit 3A - 3C - area maps prepared by Wilson Miller dated 04/29/04 showing existing infrastructure. proposed storm sewer interceptors and outfalls, and proposed water mains and force mains. 20. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as of the date your prepared testimony is filed? Yes. Let me ask you a few questions about certain opinions you may have based on your experience with CDDs, civil engineering, real estate development, and the development of lands within the Quarry-CDD in particular. 21. Based on your experience, do you have an opinion as to whether the proposed Quarry-CDD is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a functionally interrelated community? Yes. 3 Agenda Item No, 8A July 27,2004 Page 23 of 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 22. 23. 24. 25. 26. 27. 28. What is your opinion? Based on my previous expericncc and rcview of the Petition and exhibits thercto, the proposed Quarry-COD is of sufficient size, compactness and contiguity to be developed as a functional interrelated community. What is the basis for your opinion? The project is compact with land use typical of a planned community. The development of the land has been planned to be a functional interrelated community. Based on your experience, do you have an opinion as to whether the Quarry- CDD is tbe best alternative available to provide community development services and facilities to the area that will be served? Yes. What is your opinion and the basis for it? The Quarry-COD is the best alternativc to provide community dcvelopment facilities to the area to be served. Based on your experience, do you have an opinion as to whether the services and facilities to be provided by the Quarry-eDD will be compatible with the uses and existing local and regional facilities and services? Yes. What is your opinion and the basis for it? The Quarry-COD's facilities and services within its boundaries will not duplicate any available regional services or facilities within the Quarry-COO. Based on your experience, do you have an opinion as to whether the area to be included within the Quarry-eDD is amenable to being served by a separate special district government? Yes. [do. It is my opinion that the area designated to be included in the Quarry- CDD is amenable to continued existence as a separate special district government. 4 Agenda Item No. 8A July 27,2004 Page 24 of 67 1 2 3 29. \Vhat is the basis for your opinions? 4 5 It is clear that the lands in the Quarry-CDD will continue to have the need for basic 6 infrastructure. 7 8 The land area for the Quarry-COO has been evaluated for sufficiency of size. 9 compactness, and contiguity and meets those tests. Therefore, from a ;Jrofessional 10 management perspective, the area to be served by the Quarry-COD is clearly 11 amenable to sepamte special-distinct governance. 12 ] 3 The existing Quarry-COD has the ability to provide facilities and services to the 14 . benefit of its owners and residents, and the size and compactness of the area will not 15 be inconsistent with the Quarry-CDD's ability to provide those services. 16 17 30. Turning now to the state and local comprehensive plan criteria of Section 18 190.005(1)(e)2., do you have an opinion as to whether the establishment of the 19 Quarry-CDD is inconsistent with any applicable element or portion of the State 20 Comprehensive Plan? 21 22 Yes. 23 24 31. What is your opinion? 25 26 It is my opinion that the establishment of the QuwTy-CDO is not inconsistent with 27 any applicable clement or portion of the state comprehensive plan. 28 29 32. What is the basis for that opinion? 30 31 I have reviewed, from a planning perspective, the State Comprehensive Plan, 32 particularly those portions which relate to COOs. The State of Florida 33 Comprehensive Plan (Chapter 187, Florida Statutes) "provides long-range policy 34 guidance for the orderly social. economic, and physical growth of the state." From a 35 planning perspective, four subjects. subject 15, 20, 25, and 17 of the State 36 Comprehensive Plan are relevanllo the establishment of a COD. 37 5 Agenda Item No. 8A July 27,2004 Page 25 of 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 33. 34. 35. ~What is Subject 15 and why is it relevant? Subject 15, entitled Land Use, recognizes the importance of locating development in areas that have the fiscal abilities and service capacity to accommodate growth. It is relevant because COOs are designed to provide infrastructure services and facilities in a fiscally responsible manner to the areas which can accommodate development. The establishment of the Quarry-COD will not be inconsistent with this goal because the Quarry-COD will have the fiseal capability to provide the specified services and facilities within its boundaries. The COD Area is currently raw land without any development. At this time, the landowners intend to form one COD to provide the COD Area with infrastructure and community services. What is Subject 20 and why is it relevant? Subject 20, entitled Governmental Efficiency of the State Comprehensive Plan provides that governments shall economically and efficiently provide the amount and quality of services required by the public. The proposed Quarry-COD will be con~1stent with this clement because the proposed Quarry-COD will continue to: (i) cooperate with other levels of Florida government; (ii) be established under uniform general law standards as specified in Chapter 190, Florida Statutes; (lii) be professionally managed, financed, and governed by those whose property directly receives the benefits; (iv) not burdcn the general taxpayer with costs for services or facilities inside the Quarry-COD; and (v) plan and implement cost cfticient solutions for the required public infrastructure and assure delivery of selcctcd serviccs to residents. You also mentioned Subject 25. What is this and why is it relevant? This subject calls for systematic planning capabilities to be integrated into all levels of government throughout the state, with particular emphasis on improving intergovernmcntal coordination and maximizing citizen involvement. The proposed Quarry-COD will be consistent with this clement of the State Comprehensive Plan because: (i) the proposed Quarry-COD will systematically plan for the construction, operation and maintenance of the public improvements and the community facilities authorized undcr Chapter 190, Florida Statutes, subject to and not inconsistent with the local government comprehensive plan and dcyelopment regulations: Agenda Item No. 8A July 27,2004 6 Page 26 of 67 1 (ii) the Quarry-CDD meetings are publicly advertised and are open to the 2 public so that all Quarry-CDD property owners and residents can be 3 involved in planning for improvements; 4 5 (iii) Section 189.415, Florida Statutes, requires the Quarry-CDD to file 6 and update public facilities reports with the County, which it may rely 7 upon in any revisions to the local comprehensive plan. 8 9 36. Are there any other subjects within the State Comprehensive Plan which are 10 relevant? 11 12 Yes, Subject 17 entitled Public Facilities. The applicable goal and policies of Subject ] 3 17 relate to (i) protecting investments in existing public facilities; (ii) providing 14 . financing for new facilities, (iii) allocating the costs of new public facilities on the 15 basis of the benefits received by future residents; (iv) implementing innovative but 16 fiscally sound techniques for financing public facilities; and (v) identifying and using 17 stable revenue sources for financing public facilities. J8 19 37. Do you have an opinion, as someone with expertise in planning, as to whether 20 the establishment of the Quarry-CDD is inconsistent with any applicable 21 element or portion of the local Collier County Comprehensive Plan? 22 23 Yes. 24 25 38. \Vhat is that opinion? 26 27 The establishment of the Quarry-CDD is not inconsistent with any applicable 28 clement or portion of the local Collier County Comprehensive Plan. 29 30 What is the basis f()r this opinion? 31 32 Chapter 190, Florida Statutes, prohibits any community development district from 33 acting in a way inconsistent with the local government's comprehensive plan. and the 34 exercising of any power must be done with the comprehensi ve plan in mind. Thus, 35 any activities of the COD must be in compliance with County procedures and the use 36 of those powers granted to the CDD docs not make it inconsistent with the local 37 Collier County Comprehensive Plan. 38 39 39. Does this conclude your testimony? 40 41 YeL 42 43 44 45 46 7 Agenda Item No. 8A July 27,2004 Page 27 of 67 ml-fs I \..Jlawk\307597.o3 8 Agenda Item No. 8A July 27, 2004 Page 28 of 67 1 2 3 4 5 6 7 8 9 10 11 12 13 ]4 15 16 17 18 ]9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 TESTIMONY OF MICHAEL S. MCLEOD 1. Please state your name and business address. My name is Michael S. McLeod. My business address is 5801 Pelican Bay Boulevard, Suite 600, Naples, Florida 34108. 2. By whom are you employed and in what capacity? I am currently employed by Centcx Homes, as Chief Finandal Officer, NaplesIFt. Myers Division. 3. Please describe your duties in these positions. As CFO, I am responsible for the oversight of all operations related to accounting, sales, land development. construction, and property management services. 4. How long have you held these positions? I have been employed by Centex Homes since 1992: as CFO since 1993. 5. Are you generally familiar with the geographical areas, type, and scope of development and the available services and facilities within the proposed community development district to be known as The Quarry Community Development District ("'Quarry-COD")? Yes. I am familiar with the Quarry-eDD area. I am also familiar with the type and scope of development and the available services and facilities within the Quarry-CDD. 6. Please describe your involvement with the Petition For An Ordinance to Establish The Quarry Conununity Development District ("Petition"). I have been involved with the formation of the Quarry-CDD since its inception. I was involved in the planning stages of the Quarry-COD, and was instrumental in the preparation of the CDD Petition and exhibits. 7. Have you reviewed the contents of the petition? Yes, I have reviewed and approved the contents of the Petition and exhibits. Agenda Item No. 8A July 27,2004 Page 29 of 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 10. 11. 12. 13. 14. 15. 16. 8. Are there any changes or corrections to the Petition at this time? No. 9. Are there any changes or corrections to any of the exhibits attached to the petition at this time? No. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as of the date of your prepared testimony is filed? Yes. When did the Quarry-CDD file its Petition. The Petition was filed with Collier County, Flodda, on May 4,2004. In response to this Petition, what action has Collier County taken? Collier County published a notice of the public hearing once a week for four consecutive weeks in the Naples Daily News. A copy of the proof of publication was submitted at the commencement of the hearing. Is the Naples Daily News a newspaper of general circulation in the Quarry- CDD and Collier County? Yes, it is. Was this an ad published in the legal ads section of the paper or in some other location? It was published in the local section of the newspaper. Has the Quarry-eDD received any other comments from the public or any other governmental agency? No. Approximately how large is the land area proposed to be the Quarry-CDD? l11e land area proposed to be the Quarry-COD consists of approximately 958.63:t: \ll.:rcs. Agenda Item No. 8A July 27, 2004 Page 30 of 67 1 2 17. 3 4 5 6 7 8 9 10 II 12 13 14 18. Who are the owners of the proposed land to be included in the Quarry-enn who have given their consent as set forth in Exhibit "'2" to the Petition? Centcx Homes owns 148.] 6:t: acres of the land comprising the Quarry-COD, who has given written consent to the establishment of the Quarry*CDD. Ccntex Homes has an option to purchase the rcmaining 81O.47:t: acres within the Quarry- COD and has thc written consent or option to file this petition and to includc the remaining 810.47:!:: acres into the Quarry COD. Does this conclude your testimony? Yes. tal-[~ 1\-;hawk\307563v04 Agenda Item No. 8A July 27, 2004 Page 31 of 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 TESTIMONY OF ST ANLEYP. GEBERER 1. Please state your name and business address. My name is Stan Geberer. My business address is 11869 High Tech Avenue, Orlando, Florida 32817. 2. By whom are you employed and in what capacity'! I am Senior Associate with Fishkind & Associates, Inc. 3. And what is the nature of your firm's business? Fishkind & Associates, Inc. is an economic and financial consulting firm. The firm provides four general types of services to its clicnts: . Economic studies including market feasibility research . Quarterly economic forecasts for the U.S., Florida and its major metro areas . Litigation support services including expert testimony . Financial Advisory services primarily for community development districts ("CDD") 4. Please describe your e..'Xperience and credentials, including your current employment? I hold a B.A.. in Economics. Upon obtaining my dcgree I was employed as Research Managcr with the Broward Economic Development Board. In 1983 I joined News Sun Sentinel Research as Market Analyst. In 1987 I was employed by Goodkin Rcsearch as Senior Market Analyst. In 1988, I joined the firm of Fishkind & Associates, Inc. as Associate. 5. Please describe your educational background, with degrees earned, major areas of study, year of degree, and institutions attached. Degree B.A. Year University 1980 Union College Area Economics 6. Do you hold any professional designations or certifications? None. Agenda Item No. 8A July 27, 2004 Page 32 of 67 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 12. 13. 7. Are you a member of any professional associations? No 8. Prior to your current employment, by whom were you employed and in what position? Senior Market Analyst, Goodkin Research. 9. Have you previously worked with other CDD petitions? Have you previously prepared a Statement of Estimated Regulatory Costs ("SERe")? Yes. r have been involved with approximately 25 CDDs. and have prepared more than 10 SERCs. 10. Have you ever been qualified as an expert in the preparation of such economic statements? Yes. Most recently, I was so qualified in the formation of the County Club of Mt. Dora. 11. Please summarize your previous work e.,"iperience relating to enDs and special districts in general. I serve as Financial advisor to over 3 COOs and my tirm is Financial Advisor to over 50 COOs. As Financial Advisors to COOs, our firm has assisted clienL~ in successfully financing more than 100 transactions, raising almost $3 Billion. Also, we maintain the lien books and file the tax rolls for 7 COOs and special districtlO. Finally, I have qualified and given testimony as an expert witness involving special assessments on more than 6 previous occasions. Where in Florida are the districts with which you have worked? Duval, S1. Johns, Volusia, S1. Lucie, Palm Beach, Broward, Dade. Collier, Lee, Charlotte, Sarasota, Manatee, Hillsborough, Pasco, Hernando, Osceola, Leon, Bay, Lake, and Marion Counties. Please list the proceedings in which you have been qualified as an e.,"ipert witness regarding the establishment (including contractions or additions to) of CDDs, and the operation and management of enDs. I have qualified on more than 6 such occasions. The latest of thcse is rclatcd to The County Club of Mt. Dora. 2 Agenda Item No. 8A July 27, 2004 Page 33 of 67 1 2 14. 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 J8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 15. 16. 17. 18. 20. Do you consider yourself an expert in the operation and management of CDDs? Yes. Do you consider yourself an e.xpert in economic analysis and forecasting in general and regarding CDDs? Yes. Are you familiar with the geographical areas, type, and scope of development and the available services and facilities within the Quarry-CDD? Yes. I am familiar with the Quarry-COD area. I am also familiar with the type and scope of development, and services and facilities available within the Quarry- CDD. Please describe your involvement with tbe Petition to establish the boundaries of the Quarry-CDD? I drafted the Statement of Estimated Regulatory Cost (SERC), and I have provided the COD team with expert COD consulting services involving the formation of the Quarry-COD. Are you familiar with the Petition filed to establish the Quarry-CDD? Yes. 19. Have you reviewed the contents or the Petition and the exhibits? Yes. Please generally describe each of the exhibits attached to the Petition. Petition Exhibit ., 1" is a location map. sketch and legal description of the Quarry- COD. Petition Exhibit "2" is a Consent of Property Owners with attached Affidavit of Timothy J. Rucmler. Petition Exhibit "3" includes: (a) map of proposed storm sewer interceptors and outfalls; (b) map of proposed water mains and force mains; and (c) map of existing infrastructure. Petition Exhibit "4" is the Master Concept Plan for Heritage Bay. Agenda Item No. 8A July 27, 2004 Page 34 of 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Petition Exhibit "5" is the Statement of Estimated Regulatory Costs. 21. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as of the date of your prepared testimony is filed? Yes. 22. Why is Quarry-CDD petitioning for an ordinance to establish the Quarry- eDD? The COD Property is the best alternative available to deliver community development services to the area to be served. The COD will provide a governmcntal entity to provide community services and facilities in a manncr that does not financially impact persons residing ouLli;ide the COD, and will provide a responsible perpetual entity capable of making reasonable provisions for operation and maintenance of the COD's services and fa(,'ilities in the future. The establishment of the COD will prevent the general body of tax payers in Collier County from bearing the burden for installation of the infrastructure and the maintenancc of the above-described facilities within the development encompassed by the COD, and will be compatible with the capacity and uses of existing local and regional services and facilities. Let me ask you a few questions about certain opinions you may have based on your experience in CDn management, real estate development and the development of lands within the Quarry-CDD in particular. 23. Based on your experience in eDD management, do you have an opinion as to whether the proposed Quarry-CDD is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a functionally interrelated community? Yes. 24. \Vhat is your opinion? Based on my previous experience and my review of the exhibits to the Petition. the proposed Quarry-COD is of sufficient size, compactness and contiguity to be developed as a functional interrelated community. 4 Agenda Item No. 8A July 27, 2004 Page 35 of 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 25. 26. 27. What is the basis for your opinion? The project is compact with land use typical of a planned community. The development of the land ha..~ been planned to be a functional interrelated community. Based on your experience, do you have an opinion as to whether the Quarry- eDD is the best alternative available to provide community development services and facilities to the remaining area that will be served? Yes. What is your opinion and the basis for it? The Quarry-COD is the best alternative to provide community development facilities to the area to be served. This is true for the landowners and the governmental entities for the following reasons: From the perspective of current and futUfC property owners in Quarry-cOD, the COD is the best alternative for providing community facilities, infrastructure, and services. The land development envisioned for the area in the COD will require substantial provision of infrastructure, facilities and services. The COD is an alternative method to provide these necessary services. The COD can access the tax-exempt public capital markets and thereby fund these facilities and services at a lower cost than the alternative of dcveloper funding. Furthermore. unlike a homeowners association (AOA). the COD has the power to assess property and collect those assessments along with other propcrty taxes. Therefore, a CDD can fund large capital improvement programs that a HOA cannot With regard to thc opcrations and maintenance of community facilities and services, the COD is also the best alternative. The COD is preferable to an HOA or property owners association to future landowners for sevcral reasons. First, unlike a HOA, the COD collects funds for operations and maintcnance directly from assessments collected along with all other property taxes. a more assured income stream. Unlike a HOA, a COD is a unit of local government and it must hold its mcctings in the sunshine and bid out its contracts. A COD provides control to thc landowners much sooner in timc than a HOA. A COD is focused on providing the community with services, facilities, and their maintenance in a way the general purpose government, with its competing interests and broad responsibilities, is not. This level of local control servcs the best interests of property owners in the COD. From the perspective of the State of Florida, Collicr County, and the water managemcnt district, a COD is thc best alternative for providing community facilities and their operations and maintenance for a variety of reasons. First, as noted above, compared to an HOA, the COO is a more powerful and more 5 Agenda Item No. 8A July 27, 2004 Page 36 of 67 1 responsive organization for providing and for maintaining infrastructure and 2 services. Second, with a COD, the County would have to assume some 3 responsibility for construction, operations, and maintenance of community 4 facilities and services. Even if the County fonned a dependent district to provide 5 community facilities and services to the area to be served by the COD, and 6 charged appropriately for these services, the County would be enmeshed in the 7 responsibilities and in the management. Furthennore. without a COD, the County 8 cannot be assured that only resident"; of the area to be served by the COD would 9 bear the full costs of the needed facilities and services. 10 11 28. Based on your experience, do you have an opinion as to whether the services 12 and facilities to be provided by the Quarry-CDD wiU be compatible with the 13 uses and existing local and regional facilities and services? 14 15 Yes. 16 J 7 29. What is your opinion and the basis for it? 18 19 The Quarry-COD's facilities and services within the boundaries will not duplicate 20 any available regional services or facilities within the Quarry-COD. The COD 21 will provide infrastructure services and facilities that do not overlap with those 22 provided by others and are required under the development agreements governing 23 the property. 24 25 30. Based on your experience, do you have an opinion as to whether the area to 26 be included within the Quarry-CDD is amenable to being served by a 27 separate special district goverOUlent? 28 29 Yes, I do. It is my opinion that the area dcsignated to be included in the Quarry- 30 COD is amenable to existence as a separate special district government. 31 32 31. What is the basis for your opinions? 33 34 It is clear that the lands in the Quarry-CDD will continue to have the need [or 35 basic infrastructure. 36 37 The land area for the Quarry-CDD has previously been evaluated for sufficiency 38 of size, compactness, and contiguity and meets those tests. Therefore, from a 39 professional management perspective, the area to be served by the proposed 40 boundaries of the Quarry-CDD is clearly amenable to separate spedal-distinet 41 governance. 42 43 The Quarry-COD has been shown the ability to provide facilities and services to 44 the benefit of its owners and residents, and the size and compactness of the area 45 will not be inconsistent with the Quarry-COD's capability to provide those 46 services. 6 Agenda Item No. 8A July 27, 2004 Page 37 of 67 I 2 Turning to the economic exhibits and opinions, we will begin addressing portions of the Petition to Establish the Quarry-CDD boundaries that relate to certain economic analysis matters, including the exhibits, and your expert opinions on economic analysis issues. "\ .) 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 32. Are you familiar with Petition Exhibit "5"? Ycs, I am. It is thc SERC (Statcment of Regulatory Costs) required by Chaptcrs 190 and 120, Florida Statutes. 33. How are you familiar with it? I supervised the preparation of the SERC 10 accordance with the statutory requirements. 34. Are there any corrections that need to be made? No. This exhibit is true and correct. 35. In general terms, please sUUlUlarize the economic analysis you have presented in the SERC. First, the boundaries of Quarry-COD will have no cost impact on State or County government beyond the processing of the Petition. The processing costs are modest and will largely be offset by the tiling fees charged for the formation of other COOs in the future. Second, the boundaries win have no negative economic impact on future residents of the COD. Third, the CDO will not have any impact on small businesses. 36. Please describe brieRy the data and methodology you used in preparing the SERe and related analysis. The data for the analysis came from the landowner. other experts working on the Petition, and from the Petition itself. The methodology is standard economic impact assessment. 7 Agenda Item No. 8A July 27, 2004 Page 38 of 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 39. 40. 41. 37. Turning now to the state and local comprehensive plan criteria of Section 190.005(1)(e)2, do you have an opinion as to whether the establishment of the Quarry-CDD is inconsistent with any applicable element or portion of the State Comprehensive Plan? Yes. 38. What is your opinion? It is my opinion that the establishment of the Quarry-COD is not inconsistent with any applieable clement or portion of the state comprehensive plan. What is the basis for that opinion? I have reviewed, from a planning perspective, the State Comprehensive Plan, particularly those portions which relate to COOs. The State of Florida Comprchcnsive Plan (Chapter 187, Florida Statutes) "providcs long-range policy guidance for the orderly social, economic, and physical growth of the state." From a planning perspective, four subjects, subject 15,20,25, and 17 of the State Comprehensive Plan arc relevant to the establishment of a COD. What is Subject 15 and why is it relevant? Subject 15, entitled Land Use, recognizes the importance of locating development in areas that have the fiscal abilities and servicc capacity to accommodate growth. It is relcvant because COOs are designed to provide infrastructure services and facilities in a fiscally responsible manner to the areas which can accommodate development. The Quarry-COD will not be inconsistcnt with this goal because the Quarry-COD will have the fiscal capability to provide the specitied services and facilities within its boundaries. The proposed COO is currently raw land without any development, and the undeveloped land owned and/or to be acquired by the developer will be under t.he jutisdiction of the Quarry-COD. What is Subject 20 and why is it relevant? Subject 20, entitled Governmental Efficiency of the State Comprehensive Plan, provides that governments shall economically and efficiently provide the amount and quality of services requircd by the public. The proposed Quarry-CDD will be consistent with this clcmcnt because thc CDD will continue to: (i) cooperate with other levcls of Florida government~ (ii) be cstablishcd under uniform general law standards as specified in Chapter 190. FlOlida Statutes: 8 Agenda Item No. 8A July 27, 2004 Page 39 of 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 42. 43. (iii) be professionally managed, financed, and governed by those whose property directly receives the benefits; (iv) not burden the general taxpayer with costs for services or facilities inside the Quarry-COD; and (v) plan and implement cost efficicnt solutions for the required public infrastructure and assurc delivery of selected services to residents. You also mentioned Subject 25. "Vhat is this and why is it relevant? This subject calls for systematic planning capabilities to be intcgrated into all levcls of govcrnment throughout the State, with particular emphasis on improving intcrgovernmental coordination and maximizing citizen involvement. The proposed Quarry-COD will be consistent with this clement of the State Comprchensive Plan because: (i) the proposed Quarry-COD wiJl systematica))y plan for the construction, opcration and maintenance of the public improvements and the community facilities authorized under Chapter 190, FlO1ida Statutcs, subject to and not inconsistent with the local govcrnment comprehensive plan and development regulations; (ii) thc Quarry-CDD's meetings will be publicly advertised and are opcn to the public so that all Quarry-CDD property owners and residents can be involved in planning for improvements; (iil) Section 189.415, Florida Slatutes, rcquircs the Quarry-COD to tile and update public facilities rcports with the County, which it may rely upon in any revisions to the local comprehensive plan. (iv) The QUUlTy-CDD will be able to coordinate thc provision of facilities and services within the Quarry-COD. Are there any other subjects within the State Comprehensive Plan which are relevant? Yes, Subjcct 17 entitlcd Public Facilities. The applicable goal and policies of Subjcct 17 relate (0 (i) protecting investments in existing public facilities~ (ii) providing financing for ncw facilitics, (Hi) allocating the cosl.;; of new public facilities on thc basis of the benefits reccived by future rcsidents; (iv) implemcnting innovative but fiscally sound tcchniques for financing public facilities; and (v) identifying and using stable revcnue sources for finUllcing public facilities. <) Agenda Item No. SA July 27.2004 Page 40 of 67 1 2 44. Do you have an opinion, as someone with expertise in planning, as to whether the establishment of the Quarry-CDD is inconsistent with any applicable element or portion of the local Collier County Comprehensive Plan? 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Yes. 45. What is that opinion? The establishment of the Quarry-CDD is not inconsistent with any applicable clement or portion of the local Collier County Comprehensive Plan. 46. Does this conclude your testimony? Yes. 17 lal-r~l\elsoll~\307572\oi)1\9C8I(Ol B.J)<X:\6I15/04\23756.017000 18 I() Agenda Item No. 8A July 27,2004 Page 41 of 67 ORDL~At'lCE NO. 04-_ AN ORDINANCE OF TIlE BOARD OF COUNTY COl\-ThflSSIOl'\'ERS OF COLLIER COffi\r'TY, FLORIDA ESTABLISHING THE QUARRY COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING TIlE EXtERNAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL l\'ffi."ffiERS OF TIlE DJSTRICT'S BOARD OF SljPERVISORS; NAMING TIIE DISTRICT; PROVIDING STATIJTORY PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR CONSEI'II'T TO SPECIAL POWERS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN TIlE CODE OF LAWS AND ORDINANCF..8; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. Centclt Real Estate Corporation (Ccntex Homes), has petitioned the Board of County Commissioners (Board) of Collicr County, Rorida. a political subdivision of thc State of Rorida. to estahlish the QUARRY COMMUNITY DEVELOPMENT DlSTRICT (District): and WHEREAS. the Board of County Commissioners, after proper published notice has ~'onducted a public hearing on the petition and determined the following with respect to the factors to he considered in Section 190.005(1 )(c). as required by Section 190JlO5(2)(e), Florida Statutes: I. The petition is complete in that it meets thc requirements of Sections 190JX15 (I He) 2.. and 190.lX)5(2)(a). folorida Statutes; and all statements contained within thc petition arc true and co\Tcct. 1. Estahlishment of the proposcd District is not inconsistent with any applicahle clement or portion of the local comprehensive plan of Collier County. known us the Collier County Growth Management Plan. or lhe State Comprehensive Plan. 3. The area of land within the proposed District is of sumcient size, is sufticiently compact. and is sufliciently contiguous to be developable as one functional interrelated community. .:t. The District is the hest alternative availahle for delivering community development services and facilities to the area that will be serviced by the District. 5. The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. The area that will be served by the District is amenable to sepamte special-district government; and WHEREAS, it is the policy of this Slate. as provided for in Sc.:tion 190.002 (2) (c), Fhll;da Statutes. lhal the exercise by any independent distrid of it'; powers u.s sct forth hy uniforn1 general law comply wllh all applicable governmental laws, rules, r~~Efwaa ffflm No. 8A July 27, 2004 Page 42 of 67 policies governing planning and permitting of the development (0 be serviced by the district, to ensure that neither the establishment nor operation of such district is a development order under chapter 380 and that the district so established docs not have any zoning or permitting powers governing development; and WHEREAS, Section 190.004 (3). Florida Statutes, provides that all governmental planning, environmental, and land development laws. regulations, and ordinances apply to all development of the land within a community development district. Community development districts do not have the power of a It'lCal government to adopt a comprehensive plan, huilding code. or land development Cllde, as those tcrms arc defined in the Local Government Comprehensive Planning and Land Development Regulation Act. A district shall take no action which is inconsistent with applicable comprehensive plans. ordinances, or regulations of the applicable local general-purpose government; and WHEREAS, pursuant to Section 190.012. Florida Statutes, upon the establishment of the proposed community development district., the District Board of Supervisors wilt have the right to seek consent from Collier County for the gr.lnt of authority to ellercise special powers without question as to the continued right authority and power to exercise its limited powers as established by this Ordinance. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECfION ONE: AUTHORITY FOR ORDINANCE This Ordinance is adopted pursuaat to Section 190.005 (2). Florida Statutes. and other applicable prm'isions of law governing county ordimUlces. SECflON TWO: EST ABUSHMENT OF THE DEVELOPMENT mSfRlCf. QUARRY COMMUNITY The Quarry Community Development District is hereby established within the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by reference herein. SECfION THREE: DESIGNA nON OF INITIAL BOARD MEMBERS The following five persons are herewith designated to be the initial members of the Board of Supervisors: 1. Tom Wcgwert. Chair 4367 Mourning Dove Drive N;tplcs. FI. 34119 3. Jeff Riopelle 21694 SungalC Ct. Fstcro, FL 33928 2. John T. Lmdress 15lO1 looa Lakes Drive Fl. Myers, FL 33908 4. Douglas S. Cohen 11600 Walden Run Drive FI. Myers, FL 33913 5. Mik.e S. McLeod 728 Old TrJil Drive Naples, PI.. 34103 2 Agenda Item No. 8A July 27, 2004 Page 43 of 67 SECI10N FOUR: DISTRICT NAME The community development district herein establishcd shall henccforth be known as thc "Thc Quarry Community Development District" SECTION BVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT The Quarry Community Development District shall be governed hy the pmvisions of Chapter 190, Florida Statutes, and aU other 4lpplicable general and local law. SECTION SLX: CONSENT TO SPECIAL POWERS: Upon the effective date of this Ordinance. the Quarry Community Development District will be duly and legally authOl;/.cd to c;o;ist and eXCl'l:ise all of iLO; general and special powers all limited by law: and has the right to seek consent fmm the Collier County Board of County Commissioners for the grant of authority to cltcrdse !';pecial powers in accordan<.'C with Section 190.012(2), Florida Statutes, without question as to the distri<,:fs continued right. authority and power to exercise its limited powers as established by this Ordinance. The District Board's authority to exercise special powers may include the power to plan. establish. acquire, construct or reconstruct. enlarge or extend. equip, operate. and maimain additional systems and facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural. and educational uses; and (ii) security, including, but not limited to. guardhouses. fences llild gate!!. electronic intrusion-detection systems, and patrol cars, when authorized by pmpt.'f governmental agencies; CJlcept that the District may not exercise any po.lice power. but may contract with the appropriate Local general-purpose government agencies for an incn....'t.'>Cd level of such services within the Disllict boundaries; all 3'> authorized and deS<.'rihed by Section 190.012(2), Florida Statutes. SECTION SEVEN: CONFLICT AND SEVERABILITY In the event this Ordinance contlicts with any other ordinance (If Collier County or other applicable law, the more restrictive shall apply. If llilY phrase or portion of this Ordinance is hetd invalid or unconstitutional by any court of competent jurisdiction. such portion shaH be deemed a separate. distinct. and independent provision and such holding shall not affect the validity of the , remaining portion. SECTION EIGHT: INCLUSION IN CODE OF LAWS AND ORDINANCES The provisions of this Ordin,mce shall become and be made a part of the Code of Laws ami Ordinances of Collier County, florida. '[be sccthms of the Ordinances may be rcnumben~d or rclcllcrcd to accomplish su<.:h, and the word "ordinance" may be changed to "S<.'Ction", "article," or any other appropriate word. 3 Agenda Item No. 8A July 27,2004 Page 44 of 67 SECTION NINE: EFFECTIVE DATE This Ordinance shall become effective ufX)n filing with the Horida Departmcnt of State. PASSED ON DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 27'h day of July, 2()()4. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. R..ORlDA A lTEST: DWIGHT E. BROCK BY: DONNA FIALA, CHAIR.\iAN Deputy Clerk Approvcd as to from And legal sufficiency: Patrick G. White. Assistant County Attorney Mk/gh/f:\compplan/ORD. .4 Agenda Item No. 8A July 27,2004 Page 45 of 67 WilsonMillerm " I',li!,'/ DI~~e-;r:~1"i3 I,"i 11':i,'i1i,'~ t:tSI~'~ do [,'Ir)I~..I~~t.'.~ LEGAL DESCRiPTION THE QUARRY COD BOUNDARY Being part of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier COUllty, Florida. Being part of Sections 13, 14, 23 & 24, Township 48 South, Range 26 East, Collier County, Florida and being more particular1y described as follows; Commencing at the Southwest Corner of Said Section 23 Thence <3long the south line of said Section 23 South 89058'23- East 2,641 -45 teet: Thence leaving said south line North 00.15'09" West 100,00 fC(!t to a point on the North line of a 100' canal Right-of.Way and the POINT OF BEGINNING: Thence 59_51 feet along the arc ot a circular Curve concave west having a radius or 118,00 feet through central angle of 28"53'50. and being subtended by a chord which bears North 18"36'13W Wesl58,88 feel to a point of reverse curvalure; Thence 34.42 feet along the arc of a circular curve con~ve northeast, having a radius of 150.00 feet through a central angle of 13008'54" subtellded by a chord wtlic/1 bears Nor1:!'l 26028'41" West 34,35 fee! to a point of reverse curvature; Thence 147.29 feet aiong the arc of a circular curve concave southwest. having a radius of 330.00 feet thrQugh a central angle o( 25034'24" subtended by a chord whict\ bears North 32041 '26- West 146.07 feet; Tl'1ence North 45028'37" Wcst 104.04 feet; Thence 61.03 feel along the arc ot a circular curve concave nortMeas! having a radius 01 220.00 fect through cenb'al angle of 15053'40. and being subtcl1ded by a chord which bears North 3r31'4r West 60.83 feet to a point of reverse cu!\la!ure; Thence 129,44 feet aloog tlle arc of a circular curve concave southwest, having a radius of 380.00 feet through a central angle! of 19031'03" subtended by a chord which bears North 39'20'29" Wcs1128.82 feet to a poinl of (everse curvature; Thence 34.44 feet along the arc of a drClllar curve concave east, having a radius of 25.00 feet 1tlrough a central angle of 78.55'30. subtended by <3 chord which bears North 09"38'15- West 31.78 feet; Thence No-rth 53.37'55- Wesl 60.48 feet Thence 151.86 feet along the arc of a Ilon.tangentia/ circular curve concave west having a radius of 270.00 feel through a central angle of 32"13'36w and being subtended by a chord which bears North 12.14'56- East 149,87feetto a point of reverse CtJrvature; Thence 148.93 feet along the arc of a circular curve concave east, having a radius of 830.00 feel through a centrar angle of 1Q"16'52~ sublended by a chord which bears North 01016'34~ Enst 146,73 feel to a point of reverse curva!ure: Thence 243.73 feet along the arc of a circular curve concave west. having a radius of 1.970.00 feet through a central angle of Or05'1 ~r sublended. by a chord which bears North 02052'21" East 243.57 fect; ThenceSoutJ18S019'41wWcst201.14 feet; Thence North 07"40'28- West 559.75 feet; Thence North 81' 39 '32- Ea st 226.39 (eel; Thence North 00"43'28- East 516_79 feel: Thence North ar12'19" East 13.62 feet; Thence North 77"07'12- East 78_83 feet; Thence North 02v34'15~ West 68.59 feet; Thence North 23v26'54~ Easl29,53 feet; Thence Nortl1 01"24'05" East 42.24 feat; Thence Nor1tl 48'26'28" West 77 _89 feet: Thence North 36" 55'08- West 26.16 feet; Offices srralsglcillly locatBd ro serve ollr clfen/$ 800_649.4336 Naple5/ClJrt1orstr: Office &--W Baii21' [afis. ~ii!e::OO. Nil{)/G5 F,',:.:I(][?:14 ID5 . 23~ 64E 4:J1o'! Afl~E~I!~ No. 8A =--'...H....Ol!.l>o'!'.. wIIsonmifler,c:am July 27, 2004 ~_.. Page 46 of 67 ....;.~~:.f1'..t.. '-11" '~ ~.; I. '-.~...I:,~;:"'-: WilstJnMille,' " I'~lel'i J.~I'.r~$i,'~"iS .:, P.IJ",,""~'IW. ~o.;'!7f.11~ F~~7iil~e"".'i!~ Thence Nortl1 2r46'40~ East 44.86 feel; Thence North 24039'05- l:ast -43.81 feel; Thence Nor\t1 47"'37'59~ East 50.76 fee~ Thence Nor\t1 15"33'5r West 53.93 fcet; Thence Norttl 82"37'59~ West 1 07.97 feel; Thence South 89a20'02~ West 1,851.51 feet; Thence South 810.4 3'2 G~ West 107.89 feet: rhence 82.22 feet along U1e arc of a circular curve ronca\le north having a radius of 650.00 feel through ccnlrat angle of 07"'14'50" and being subleoded by a chord which bears Souttl 85020'51- West 82.16 feet; Thence North 00039'56- West 80.00 feel; Thence Soulh 89020'02- Wesl162.83 fcet; Thence North OQo50'56~ West 2,660.08 fcet; Tl1ence North Ooo49'48~ West 2,769.21 feet; Thence North 89"19'06~ East 5.194.36 feel; Thence North OO"14'15~ West 178.48 feet; Thence South G9.32'56~ East 147.88 feet; Thence North 58022'15~ Eas~ 16851 feet; Thence North 81057'44w East 274.12 fecl; Thence South 11 "43'52" East 260.76 feel: Thence East 2.25 feet; Thence South 10.03'14- West 5.93 feet; Thence South 05.47'09~ West 34.82 feet: The"ce South 46.17'23~ East 80.74 feel; Thence South 51053'08" East 52.67 feet; Tllence South 2r16'09" East 78.59 feet; Thenca South 84.40'08~ East 41.33 feet; Thence North 67041'56- East 39.40 feet; TIlcnce South 61.49'13~ East 32.38 feel; TIlence South 46048'46"' East 29.28 feel; Theflce South 50"27'40" West 71.60 feet; Thence South 68"04'23" West 43.25 feet; Thence South 29026'14~ West 37.66 fee~ Thence South 64 "55'1 O~ East 21.23 feel; TI\ence South 19'35'55" East 69.14 feet: Thence South 05"34'00" Eas139.59 feet; Thence Souttl 02004'15'"' West 44.00 feet; Thence South ;27048'56- West 34.63 feel; Thence South 34"32'2r West 44.64 teet; Thence North 89"06'52" West 42.06 feet; Thence South 34030'25" East 51.95 feet; Thence South 40"19'55- East 31.37 feet: Tllence South 4r19'26" East 11.68 feet; Thence Soulh 58G18/10~ East 55.59 feel; Thence SOuUl 58007'10- West 50.89 feet Thence South 67925'28- West 41.78 feel: Thence South 69"50'33" Wesl5.89 feet; Thence South 82<24'45" West 83.46 feel; Thence Norttl 85"55'13~ West 42.31 feel: Thence South 68005'19" West 58.98 feel; Thence South 32015'38" West 47.14 feet; Thence South 15010'07" West 78.54 feel; Thence Soulh 31013'44" East 62.97 feet: Thence South 43047':24" East 68.99 feet; Thence South f 2< 51'36" East 1 0 1 . 72 feet; Thence South 36G51'18~ East 61.04 feet; ...-. Ullltt .... 0'" u,o<l,.. ....... -'--"~. Agenda Item No. 8A July 27,2004 Page 47 of 67 . 1. . WilsonMiller' . N'I: ,1' Dlr;~...:r;..;.'I:\ I';i P,';'i1f.'.lr.'i], a~'!.;~'r,''';' f"If)"rw~n'",; Tbence South 30.50'11" East 70,13 feet; Thence South 59.5Q'18~ East 70.08 feet; Thence Nortll 76014'45~ East 38.91 feet; Ttlonce North 67"36'06. East 46.16 feet; Thence South 83G49'S7~ East 46.17 feet: nH~I'1Ce North 78030'32. East 80.67 feet; Thence South 88048'49~ East 55.05 feet: Thence South 69057'28" East 29.76 feet: Thence North 70020'39~ Easl19,OO feet; Thence South 76035'16~ East 103.34 feel; TtJcl1ce South 45026'21" West 7.38 feet; Tllence South 11012'58~ East 83.95 feet Thence South 25041'25" West 8.78 feet: Then ce South 06013'28" West 48 J'l 1 (eet; Thence South 44 "19'00" West 46 _84 feet; Thence South 20"38'10" West 93_95 feet; Thence South S2 048'61" W cst 4 1 .71 feet; Thence South 40009'09" West 126,19 feel: Thence South 44034'13. West 113, 13 feet: Thence South 22036'41. West 81 _98 feet; Thence South 05"52'18" West 103.42 feet; Thence South 09.29'37" West 60.45 reel; Thence South 08'27'54. West 127.24 feet; Thence South 00.12'04" Easl94.03 feet; Thence South 06'02'3r East 84.06 feet; Thence South 17"39'09" East 90,55 feet; Thence Sou th 16. 0 1 'OS" E asl 90,96 feel; Thence South 05'31'25" West 91.74 feet: Thence South 31'52'34W East 79,38 feet; Thence South 2S'06'02w East 140_39 feet; Thence South 18'56'55" East 90.29 feet; Thence South 55'37'56" East 91.90 feet; Thence South 85047'4r East 139.70 feet; Thence North 77006'Sr East 137.64 feet; Thence South 58.35'461< East 107 _41 feet; Thence North 74055'18" East 109.48 feet; Thence South B9022'24~ East 63.07 feet: Thence North 7B046'06. East 91.85 feel; Thence South 84.58'44" East 84_66 feet; Thence North 09'26'58" Wesl60,34 feel; Thence North 27.17'11" Wesl93.77 feet: Thence North 28"06'33" West 6887 feet; Thence North 37"21'28" West 64.82 feet; Thence North 24004'09" West 96.63 teet; Thence North 48059'14" West 100.57 feel; Thence North 4 TOOS'J3w West 93.34 feet: Thence North 34003'211< West 66.48 feet; Thence North DSo10'22" West 83.74 feet; Thence North 030 57'21 ~ East 55.66 feet; Thence North 1r02'51~ West 76.92 feet; Thence North 01.47'43" West 49_47 feel; Thence NOrtll 04.39'3r West 40_49 feet; Thence North 28a25'2r East 63.82 feet; Thence North 28041'00" East 74_78 feel: Thence North 59<27'17. East 54.96 feel: Thence North 13'03'39~ East 61.55 feel; ~ __1' ver. IHl- u.wk:t' ..... ~4"'-'-D Agenda Item No. 8A July 27,2004 Page 48 of 67 - 3 - WilstJnMilJer' " N~i..tDI'ecriLJ,"~ .1(1 P,ItJ.'.Ir:.'l~g. V~.f:,':;., &. F(1tJ"~~d.,O Thence North 45"37'55~ East 71.79 feet: Thence North 38".38';27" East 51.84 feet: Thence North 37"55'25" East 76_57 feet: Thence North 50~05'19" East 80.52 feet: Thence North 15~52'58" Easl51.63 feel: Thence North 59~37'32" East 113.89 feet Thence Nortll 51 ~49'15" East 42_27 fee!: Thence South 77"17'52" East 76_99 teet; Thence South 77"10'59" East 53_51 feet; Thence South 71"21'47" East 81_64 feet; Thenoe South 41"51'56" East 72.16 feet~ Thenoe South 61"46'25" East 37_64 feet: Thence South 28"52'28" East 81.80 feet; Thence South 09G50'47" East 75.03 feet; Thence South 01"10'31" West 92,15 feet; Thence South 26"43'58" West 100.82 feel: Thence: Soulh 45"45'56" West 62_97 feet: Thence Soulh 53"29'06" East 49.41 feet; The-nce South 23031'31" East 197,42 feet; Thence South 07~45'31" East 89.63 feet; Thence Soult1 16"10"8. West 144.30 f~t; Thence South 37"43'29. Easl62.59 feel; Thence South 58~07'39" East 61_21 feet; Thellce North 81046'58" East 27.01 feet; Thence South 61"53'24" East 59.99 fcct; Thence South 60026'45" East 42.88 feet: Thence SOuth 64"51'24" East 37.49 feet; Thence South 62642'13" East 43.09 feet; Thence South 56"31'39" East 69.42 feet; Thence South 10"33'53. East 33.93 foet; Thence South 78001'20. East 109,19 feet; Thence Soulh 81"28'14- East 105.72 feet; Thence Sou~ 52~39'58" East 99,28 feet; Thence South 23~35'24~ Eas.t 94,01 feet; Thence South 07054'35" West 41.20 feot; Thenco Sooth 82626'17" East 40-54 feet; Thence South 31"47'35" West 117_82 feet: Thence North 73043'21" West 62,45 feet; Thence South 86'"42'40~ West 147.29 f~t: Thence North 89"06'40. West 105.90 feel: Thence Sou lh 84009'18" Wes t 111_06 feel: Thence Sou1h 89~13'39" West 84.55 feet; Thence South 14 "49'26. West 38.11 feet; Thence South 21.54'21" West 94_75 feet: Theflce South 22058'28" East 80.19 feet; Thence South 27-23'58" West 57.43 feet; Thence South 45.35r03~ West 53.40 feet; Thence South 24038'04" West 76.19 feet; Thence South 65"50'42- West 75.83 feet: Thence South 80"12'46. West 76.83 feet; Thence South 84"12'06" Wes1130.66 feet; Thence North 85"48'11- West 56_16 feet; Thence North 88"12'43" West 81.40 feet; Thence North 23'"04'22" West 78,34 feet; Thence North 11021'11" W csl S8. 70 feat; Thence North 17"09'14" East 105.65 feet: ..-- .!III11 _O'I.lLU.. ....., ~16601. ,a Agenda Item No. 8A July 27,2004 Page 49 of 67 - <{- WilstinMiller' .. ..,.~.~ l)1(r';.'''~l~:: II~ P,',i.~"i.."t~. [.'~$J;.': ~ ["I!fll~-:'~:"'''Ig Thence No rtfl 04" 35'29~ Ea st 131 .17 teet: Thcnco Norttl 80'04'39" West 64.47 feet: Thence Nor1.tl 77446'12" West 96.11 feet; Thence South 83G01'OO~ West 122,68 feet; Thence South 88410'55" West 100,23 feet; Tt1ence North 137"58'05" West 93_g2 feel; Thence North 87"28'52" West 165.64 feet; Tllence South 74'22'35" West 74_86 feet; Thence North 87"18'31" West 324_78 feet; Thence North 88.00'01" Wesl300.94 fe-et; Ttlenc:e South 03021'36" t:(lst 200_41 feet; Thence South 02052'20" East 2,162.25 feel; Thence South ()8012'Q1" East 253.94 feet; Thence oontinue along said line SOUth 08"12'01" East 69.11 feet; Thence South 72G08'43~ West 147.48 feet: Thence 75.04 fect along lhe arc of a circular C\Jrve concave north having a radius of 60.00 feet through central angle of 71"39'28" and being svbtended by a chO(d wf1fm bears North 72'01'33" West 70.24 feet Thence North 36.11'48~ West 58.90 feet; Thence SoulJ1 53.48'12" West 91.45 feet: Thence SQulh 02000'24~ East 353,42 (eet: l1'1ence Soulh 56"54'36. East 20_00 feet; Thence 21.44 feet along the arc of a non-tangential circular curve concave east having a radius of 35.00 feet tt1rough a central angle of 35005'48" and being sc.Jotended by a dlord WhiCh bears South 15032'30N West 21.11 feet: Thence South 02000'24. Easl272.35 (eel; Then(;e Soulh 19035'07" Easl43_32 feet; Thence 71.57 feet along Ule arc of a circufa( curve concave west having a radius of 50.00 feet through centra! angle of 82000'42"' and being sLJbtended by a chord which bears South 21'25'14" West 65_61 feet; Thence South 62025'35- West 169.18 feet; Thence 2205 feet along the arc of a ciraJlar curve concave northwest having a radius of 125.00 feet through central angle of 10.06'19~ and being sublended by a chord which bears South 67"28'45- West 22,02 feet: Thence Sooth 01'33'42w East 1,649.37 feet to a point on the North line of a 100' canal Right-of- way; Thence along said fine North 89'58'37- West 129.32 feet; Thence continue along said line North 89'56'13- West 2,638_89 feet; Thence continue along said line North 89058'23wWest 0.49 feet to the POINT OF BEGINNING. Containing 958.63 Acres more or less. Subjoct to easements and restrictions of record. Bearings are based on the south line of Said Sectjon 23 being South 89-58'23" East CF.R11f1CA TE OF AlmIORIZATION #1.B-U Wi~sollMiJIel"'. Inc. Registered Engineers and land Surveyors y Date: April 29, 2004 93 be Professional's seal. ~1*'."'" Q,I-..- ~ _"_..a Agenda Item No. 8A July 27,2004 Page 50 of 67 ~ 0;- CONSENT OF CE:'iTEX HOMES TO THE ESTABLISH:.\lENT OF THE QUARRY COMI\JCNITY DEVELOPMEl\T DISTRICT \Vhereas~ Centcx Homes~ a l\evada general pal1nership C'Ccntcx") owns 148.16;!;: acres ("Propelty") within The Quarry Community Development District; \\'bcrcas~ Centex has an option to purchase the remaining 810.47 :I:; acres within the proposed Quarry Community Development Dislrict ("Option Property"); \Vhereas~ Centex) as the owner of the Property and the optionee of the Option Property, is required, pursl1ant to Section 190.005( 1 )(a)(2), Florida Statutes, to execute this written Consent; and \Vhereas, (he undersigned, Timothy 1. Ruemler, Division President of Centex Real Estate CorvonLtioll, \vhich is the managing partner of Cent ex, hereby represents and warrants that he is duly authorized alld has the authority to execute this Consent; Now 'fhereforc, Celltex hereby consents. to the establishment of the Quarry Community Development District as set f01t11 and described in the Petition filed herewith. Execl.1led this 4-t1- day of\Iay. 2004, By; CEl'iTEX HOMES, a. Nevada general partnership B)'; CENTEX REAL ESTATE CORPORATION, a Nevada corporation, its managing general partner BY:~ (? Timothy J. Rucmler Oivi sion President d:I~4 Witn~ '~~4 . Witness ~ - :;;.:-:-~! '.;;r.~...lt'k. ~:16~--I: y~ I Agenda Item No. 8A July 27,2004 Page 51 of 67 AFFIDAVIT OF TIMOTHY J. RUEMLER STATE OF FLORIDA ) ) COUNTY OF COLLIER ) BEFORE 'IE, the undersigned authority, personally appeared TIIvlOTHY J. RUEJ\.fLER, who having been duly sworn, states: 1. I have been employed by Centex Homes C'Centex") since 1986. I am currently the Division President of Cent ex and have held that position since 1995, 2. On October 6, 2003, Centex) as optionee, and Bayvest L.L.C. ("Bayvest"), a.'i optionor, entered into an Option Contract For Sale of Land, as amended by the First Amendment to Opt.ion Contr<lct for Sale of Land, the Second Amendment to Option Cont.ract For Sale of Land, the Third Amendment to Option Contract For Sale of Land) and the Agreement to modify legal description; and the Joint Development Agreement and Amendment to Option Contract (collectively, the "Agreements"). 3. The Agreements provide for the purchase by Centex from Bayvest of a 1727.09 acre parcel of land ("Property"), consisting of Parcels A, B and C. 4. Centex purchased Takcdown Parcel A (148.16 acres) of the Property on November 21, 2003, and has an option 10 purchase TakeJown Parcels Band C (1578.93 acres), .as provi d<;d for in the Agreements, 011 or before November 21, 2004t and November 2L 2005, respectively. 5, The Agreements provide that Centcx is authorized to form one or more community developmenr districts ("CDDs") over the Propeny that will provide for jnfr<is\ruct~re, s~]""vir.:es, and ;unellj1ioes to future re5iden~s of the Property_ Agenda Item No. 8A July 27,2004 Page 52 of 67 6. Centex is petitioning the Board of County Conunissioners of Collier County to establish The Quarry Community Development District ("Djstncf') which would comprise approxlmalely 958.63 acres of the Property. 7, As landowner of Takedown Parcel A, and optionee over Parcels B and C. Centcx is either landowner. or in control by option controid, of 100 percent of the real property to be included illlhe Distdct. Further, Affiant Sayeth Naught. --zl2L--. Timothy J, Ruemler Division President, Centex Homes The foregoing instrument W.IS acknowledged before me this 4fL day of May, 2004, by TIM:OTHY J. RUEMLER, Division President of Celltex: Homes, on behalf of Ccntex Homes, who is personally known to me. 7YI1UtD: Pal Phd~ ~OTARY r(rnuc I ~arne: My Commission Expire1;: ~ MARC! RAE PHrLLIPS , ...'t' COMMISSION,. 001G47.')B EXPIRES: Nc....umber 1:3, 200e . ~~~A~Y "L Nea.., $~~& ao'llIl'Q. II'(; Agenda Item No. 8A July 27, 2004 Page 53 of 67 .. _ .... u .....-::1 !':"~=/'-~~' ---_..<~'~'<'~~ i !~. --:... :... "r--.f! '---- .---' ~. " ~. ri...:.......:~j (''(' ,.-, ~ w-' .-' .' ,~ l " _/ i J'\. \,..., 11 . ''',: I ---' \1 S'-- ! 5-., .-\ \-1 \, ~ " ;-:}r:; .... ~i (V~\ ( () \>~~I';?) ,( ll.'<__:~ I . (-) II' / . -.; ': .'. ..~ . .\ .... i .'~x 1 I / > ~.,)-{-..,\ \ \_~ (" \ i ~ \~ ("'/ \.\.",,- / . ", \. ,.... \ , \. 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E~ . SlIwyc>"9 . ~~~ Ar<fol~' . r,.~/iQ'I ~ Wilsof'JMilfer, I!';C. ,'Iwior . Fa! ifIy<n . Sll~ . ~.I6i!o'lb'l , ;~~ . r~ ~O;Jcru'~rrJ.lhfcv:tJ . t;:r....{e"'!'. fkt>:1e = "~ 1~~.r" m-S:P-7'7!l. tI'l!e.~ """~""'" !"~^.'~. EXf-'B:- ~, _ STORI.l S>:WER ilHERCEPTi)RS .,~" mo O~"TF"'llS ""'E. 4 2&/04- Rf.,. Nc.. "., __.._..r if, ... -,:~-::" - --:: w -1 · r '. '''I I ( I : "~ ...... 1- I , I' , , J ( 11 I \ .-.. r , .. ( \ - \ ~ I 1M.' OtAAR'r ceWfY HO\I(S HtF//TI'lCf SIlY us, HOME" WcJ~;~~~';r" r:=I <. ~Q = ,. ..Q C:=::J <. '1].0 .;'.12.0 . -==:I <:- 'rii.o ~<:;!':.;:~~~-:r; c:=:. 1l_-4~_I?' . ~. ~ STo\1I0" 100' SF'Il\IO R.O,'. (~J"OoEl CINoIl.J "~D' IWWQ""lE~ IlQ>o ~,I1,~' OuTDOOR RfSORrS 0.<" ~PlES AGR)CUL~ ZONED I'~:CJL'~I: THE QUARRY C.O.D. ~L ::,;1: CENTEX HOMES ........Js.."tZJI~ Wi/sOOMiller -~.~~-~ .. ,....~~. ~. ~ . Sl.ney:n . LB.'~ N~l . r~aflQ'l ~m' EXHIBIT 38 - PROPOS:::J w,I,EIl blt.J~S AND FORCl UAJN~ .,7.:....:. :..,:=. L/~9 l:4 ::- ~ ......: WilsonMMler, /nc. ,'ItI01IW . Fat ~ . Sa'1llllla . 1h1-.. T~ . T'*'-'e 4.57IQ>;rir.' ~ QM 1::10 . For! IJtln, Filrds:l:l9l2 .~ 2:l!i>~ ~ . ..... 1:B,,93fH47fJ. _~ _~-""'" I,r~r.'. o <:> ':? , I I I I I I I '- ..; ;t a:: tr- ~ . i · it l. p i i ~ !Iii ~I ~ ~ '" , ~i ~! 2' ~ ir') \ \ I I: ~ ~ !~f. ---~.~ i i ~ : ~ r l~ I c r l '----- -.... . I Ii[RrrN;[ BAY COM~ , i u,$, .'iO"t [,fDlsr 2(' ~ Ilm : , ~~sr r n)l!C[ WiN '\. , ',0;' SRlNC A.C.W. (ClX)Ho.:CHEt oow.) -"1(-==:=::=:=::=:=-=~"=::=-::~:=:=::=:=:=' · ::::::;:=:=::=:::::;=k:;;~----=.::;=;;=;=::==::: C.~. iloSl OVlt'OOR FlESOIii'S A.GRlCUL ruRAL Z'JNfI} OF NAPLES ~=iC....::.:;' . ,.... -'-, v_ _ . .", -b.. ~.. ...... (" ,--. I , I " \ " ) \ l' I ~I l ~ I \ I T11EQIJ..lRffr CEmr-x HOliES '--1 ) , ~ ! ( .~ i \' (< ;, \' \ , "" \ ;-:-- ~~"L' )~-.J . ,- I [' / , I , .' l ) \, \ .:.. <Ii ~ THE QUARRY C- J-D. C t.. \j - EX --' C \;j :: S ~ I . , , , i /l!'RrTAGf 9Ay V.s, H01.I! , :~C::Jo 8(JUN(ll\R~ J I I ...........hL f\1J:'.:.c~ WilsonMiller -~---..---~ yo "-I . Err,;t;~$ . E~1i . Sl.rvtt~~ . LSI:6..~ A'~, . 1"rf.~~ C~ L WiklonM.in'er, Inc ,I'opiett . F<<t irII"n . SrMi4 . &"oOl!f<()f'<. i~ . :r__ L'7:~llO<.oi!",r<l ~~~ .Ft;r.~. F>;;_:%l9i2 .~ 2~W\!, Fe.: ~7.1\l. W!b-~ ....._.~ ~;<YI8IT 3C U~ S'I\G ,\~ ~;',:;I ~~~,:il>:::. .. i" 150J' (:f 14.23.2'X~: ).8S ~[: 26E "':'C " ~~a Ite . :-.'..~ . .. . 4 '2; 04 ~...v::. ---=_-:::....~ ...., lItn....,.___~..___.....,,,. ~........--..._......_...... ~ '..... --..,---.,. . ...... "*-"' Js,iiiiiisuNt A\'a 3El\'W:l3H NYld ld30NOO ~31S't... l: NOISI^3H . V 1181HX3 C3S0dOHd Ii :1 ~ J J I :1: , I , ,')", ~ r, I <ilFI' ~-"); --'>......,;1 ..... ([~ I I '..... 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I i"i ~ " ~ I' j .. ~ -' '" E: ~ ~~ ..: i~ I~ I' I I I I 1=3~:-> l:S!,:: =:~JI ~2J~.lI"\: ~~':;]l.l.-Jii~: '-:J'::'~ " ... " . ..... " ~- "5 -.::tl'- OeD 0_ NO -I'- I'-L() N >>0) - 0> :JetS 'a" "' t u. 0 0 '" Ul 0 0 0 0 0 0 0 0 g .n n ~ ~ ~. ;;! ~ ~ u < ~ (; ~ IE "'~ l/J Z ~ w"; or :t ~u 0 :> "'_w ;;! 0 W"'>- 0 0""'"::5 f' Ul or ffi~~i:! z z w w >- ~0::>c( 0 :> ~ ~ di~ t5~~~t2<ii! ;; '~ w -' ~ ~ ~!~ o ~:II i.....~- IE <( ~~~ O~ ~ ~ <( > .. 0 i= ::I 2 oJ .. ;: ;;~ ....:t ~ ' jd~ / ' , ~ ~ I ~ J: J; I ~S ~~ . /' I ~ ~S~ I .- 1 I I -; ., v i. i ~r ~ ~ ~ ~~~ 1;N;i~ 7iE~ .~ ~ "" ~ '::~''i;:lI:,~lJ '':11,..;:; i~ , "\1; .;;"1:;'"" ~ ',' STATEMENT OF ESTIMATED REGULATORY COSTS The Quarry Community Development District 1.01 Introduction 1.1 Purpose and Scope This statement of estimated regulatory costs ("SERe") supports the Petition For an Ordinance to Establish The Quarry Community Development District ("District" or "COD"). The proposed District comprises approximately 950 acres of land on which Centex Homes ("Developer") plans to develop a portion of its Heritage Bay Golf and Country Club community ("Development"). The Development is planned to include approximately 1,199 single-family, villa, and multifamily units and a championship golf course with a 20,000 square foot clubhouse facility. To support this development program, the District would fund approximately $113,000,000 for COD infrastructure by issuing approximately $150,000,000 in total debt funding. The District proposes to provide infrastructure and community services to the District as described more fully below. The limitations on the scope of this SERC are explicitly set out in Section 190.022 (2)(d), F.S. (governing District formation or alteration), as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to manaqinq and financinq the service delivery function of the district, so that any matter concerninq permittinq or planninq of the development is not material or relevant" (emphasis added). 1.2 Overview of the proposed The Quarry Community Development District As noted above, the proposed District provides community infrastructure, services, and facilities along with their operations and maintenance, to a portion of the Project planned by Centex. The land contained in the District is currently planned for the land uses shown in Table 1. These are preliminary plans and are subject to change. Agenda Item No. 8A July 27, 2004 Page 58 of 67 Cateqorv Amounts Luxurv Coach (units) 272 Coach (units) 304 SF 55 ft. (units) 124 SF 67 ftlunits) 113 SF 75 ft (units) 93 SF 90 ft Lot Sales (lots) 105 MF Pad Sales (units) 188 Golf Course (acres) 145 Club House (sQuare feet) 20,000 Table 1. The Quarry Community Development District Planned land Uses Source: Developer Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (2002), defines the elements a statement of estimated regulatory costs must contain: (a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. Orange County is not defined as a small County for purposes of this requirement. 2 Agenda Item No. 8A July 27, 2004 Page 59 of 67 (e) Any additional information that the agency determines may be useful. (f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the altemative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. 1.02 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. As noted above, the proposed District will provide infrastructure and community services to a portion of the Development comprising approximately 1,119 residential units, an 18-hole golf course, and a 20,000 square foot club house facility. All of the ultimate property owners in the District will be required to comply with District rules and their properties will be encumbered with District obligations to pay for infrastructure, operations and maintenance expenses incurred by the District. Prior to the sell out of the real estate, all of the undeveloped land owned by the Developer and any other landowner will also be under the jurisdiction of the District. 3 Agenda Item No. 8A July 27, 2004 Page 60 of 67 1.03 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues. 3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance State Governmental Entities The cost to State entities to review or enforce the proposed ordinance will be very modest. Since the District comprises less than 1,000 acres, the Collier County is the reviewing agency for the petition. There are only modest additional ongoing costs to various State entities to implement and enforce the proposed ordinance. If approved, the District will be a special purpose unit of local government. The District is required to file various reports to the State of Florida, the Department of Community Affairs and other agencies of the State. The filing requirements are outlined in Appendix A. The cost to the State and its various departments to process additional reports filed by the District will be very small since the State already collects these reports from numerous other units of government. The addition of one more set of reports will have very little cost impact. Finally, the District must pay a small annual filing fee to the Department of Community Affairs to help offset the costs to the State from the additional paperwork. Collier County The proposal to form the District will require the County to review the petition and its supporting exhibits. In addition, the County will hold a public hearing to discuss the petition and to take public comment. These activities will absorb staff time and time of the County Commission. However, these costs are very modest at most for the following reasons. First, the review of this petition to form the District does not include an analysis of the Development itself. In fact, such a review of the Project is prohibited by statute. Second, the petition contains all of the information necessary for its review. Third, The County already has all of the staff necessary to review the petition. Fourth, no capital costs are involved in the review. Fifth, The County routinely processes similar petitions for land use and zoning changes that are far more complicated than this petition to form the District. Finally, the filing fee will offset these costs. 4 Agenda Item No. 8A July 27,2004 Page 61 of 67 The County will incur only a small additional annual cost if this petition is approved. The proposed District would be an independent unit of local government, so the District is responsible for its own budget, reporting, and the full conduct of its powers within its boundaries. The District will provide the County with its budget each year, but no County action is required. 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the development. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard, it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any unit of local government. By State law, debts of the District are strictly its own responsibility. 1.04 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. The District plans to provide various community facilities and services to the property in the District, as outlined in Table 2. The District plans to fund, own, operate and maintain the stormwater management system. The District will fund and construct the public roadways and dedicate them to the County. The District's costs include acquisition of land on which the infrastructure will be constructed. The District plans to construct, operate and maintain the balance of the community infrastructure. Table 2. Proposed Facilities and Services F AC ILlTY FUNDED O&M BY OWNERSHIP BY Public Roads COO County County Storm water management COD COD COD Utilities COD COD COD Landscape and other COD COD COD 5 Agenda Item No. 8A July 27,2004 Page 62 of 67 The petitioner has estimated the costs for providing the capital facilities outlined in Table 2, and these are shown in Table 3 below. Total costs for these facilities are estimated to be approximately $112,765,265. To fund this construction program, the District may issue special assessment or other revenue bonds estimated to total $141,850,000. These would be repaid through non-ad valorem assessments levied on all properties in the District that may benefit from the District's capital improvement program as outlined in Table 2. Category Roads Drainage Wetland Preservation/Open Space Water/Sewer/I rrigation Landscape and Other Table 3. Capital Costs for Proposed The Quarry Community Development District Amount $11,209,772 $38,204,495 $48,402,000 $11,024,998 $3,924,000 --------- --------- Total $112,765,265 Source: Developer Prospective future landowners in the District may be required to pay non- ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. It is important to note that the various costs outlined in Table 3 are typical for developments of the type contemplated here. In other words, there is nothing peculiar about the District's financing that requires additional infrastructure over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. Instead, the facilities and services provided by the District are substituting in part for developer-provided infrastructure and facilities. Along these same lines, District-imposed assessments for operations and maintenance costs are similar to what would be charged in any event by a property owners association common to most master planned developments. 6 Agenda Item No. 8A July 27, 2004 Page 63 of 67 Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance charges must also be in line with the competition. Furthermore, locating in the District by new residents is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the District's costs in tradeoff for the benefits that the District provides. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, County provision (directly or via a dependent special district), or through developer-bank loans. 1.05 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be no impact on small businesses because of the formation of the proposed District. If anything, the impact may be positive. This is because the District must competitively bid certain of its contracts. This affords small businesses the opportunity to bid on District work. The development is located in Collier County. As of the latest Census date, the 2000 Census, the County has a population of more than 75,000. Therefore, the proposed District is not located in a County defined as a "small" according to Section 120.52, F.S. Any additional useful information The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. Finally, it is useful to reflect upon the question of whether the proposed formation of the District is the best alternative to provide community facilities and services to the Development. As an alternative to the District, the County could approve a dependent special district for the area, such as an MSBU or a special taxing district under Chapter 170, F.S. Either of Agenda Item No. 8A July 27, 2004 7 Page 64 of 67 these alternatives could finance the improvements contemplated in Table 2 in a fashion similar to the proposed District. However, each of these alternatives is inferior to the District. Unlike the District, the alternatives would require the County to continue to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the District. In addition, administering a project of the size and scale contemplated herein would make little sense for the County. A District also is preferable from a government accountability perspective. With a District as proposed, residents and renters in the District would have a focused unit of government under their direct control. The District can then be more responsive to resident needs without disrupting other County responsibilities. Another alternative to the District would be for the Developer to provide the infrastructure and to use a property owners association (POA) for operations and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA, a District can impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Second, the proposed District is a unit of local government. Therefore, unlike the POA, the District must abide by all governmental rules and regulations. Fishkind & Associates certifies that this SERC meets the requirements for a SERC as set out in Chapter 120.541, F.S. We have developed over 25 SERCs. Below is a listing of some of these. . Urban Orlando Community Development District . Marshall Creek Community Development District · Cedar Hammock Community Development District . Meditera Community Development District . Brooks Community Development District . Pelican Marsh Community Development District . Pelican Landing Community Development District · Fiddler's Creek Community Development District 1 8 Agenda Item No. 8A July 27, 2004 Page 65 of 67 Henry H. Fishkind, Ph.D. Fishkind & Associates, Inc. 9 Agenda Item No. 8A July 27, 2004 Page 66 of 67 APPENDIX A LIST OF REPORTING REQUIREMENTS REPORT Annual Financial Audit Annual Financial Report (AFR) TRIM Compliance Report Form 1 :- Limited Financial Disclosure Public Depositor Proposed Budget Public Facilities Report Public Meetings Schedule Bond Report Registered Agent FLORIDA STATUTE CITE 11.45 218.32 200.068 112.3144 215 218.34 189.415 189.417 218.38 189.417 tal-fs 1 Ishawk\306292vO 1 \983KO 1_.DOC\4/29/04 \23756,017000 10 DATE 12 months after end of fiscal year by March 31 130 days after by July 1 by November 15 by September 1 March 1 beginning of fiscal year When issued 30 days after Agenda Item No. 8A July 27,2004 Page 67 of 67 EXECUTIVE SUMMARY Rec<>l11mend that the CoWer County Board of COllnty Conunissipners (Bee) approve a resolutiona4opting the sev~nyear Eyalua(jonand Appraisal Rep<>rt (EAR) of the Collier County Growth ManagenJ.ent Plan tor transmittal to the Department ot Community AlTait$(DCA.) forsl1mdencY reviewa~coJ'Clillg t<> the procedqres and criteri~ outlineci in Section 163.3191, FloridaStatutes, Evaluation and.Appraisal of Comprehensive Plan. OBJECTIVE: That the Collier Coun~y. Board of County Commissioners.. (BeC) app,rove.a resolution adopting the seven year Evaluation and Appraisal Report (EAR) of the CoIlierCounty Growth Management Plan for transmittal to the Department of Community Affairs (DCA) for sufficiency review . according to the procedures. anf.i crlteriaoutlined in S~tion .163.3191,Flori~ Statutes, Evaluation and Appraisal of Comprehensive Plan. CONSIDERA'l10NS: P1.lrS\lantto SeCtion 163.3191,. Florida Stawtes,every loca.tgovernmeiit in the State of Florida must adopt an evaluation and appraisal report every 7 years assessing the progress in ill1pl~menUng thelocalgov~ment's cOtl:1prehenSiveplaii. LooalgoYemments are required to identify major issues. while establishing minimum requirements for information to ens1ll'e predictability , certainty and integrity in the growth management process, In furtherance of this requirement. the EARisintertded to serve as a summary audit of the actions that a local government has taken and to identify changes that maybe necessary. The EAR is based ona local govetnment'sanalysis of ma.jor issues to further the community's goalscODsistent with statewide. minimum standards. The EAR identifies changes that should be made to the comprehensive plan ill~ponse to an evaluation of the sllccesses and failures that have.l>een experienced implementing the plan. to chartgingconditions and trends that affect the local comm\,1nity. and t.o changing state and regional growth management policies. As a point of emphasis. the EAR is not intended to require a. comprehensive rewrite of the elementS within the comprehensive plan. On July 30.2003, the DCA agreed with Collier Courtty'sscopeof work/issues for the preparati.onof the EAR. The "Letter of Understanding for the Collier. County Bvaluation & AppraiSal Report" was sent t9the .ooA 9n Jl.lly25,20Q3 (see attaChed). The commllnity land use planning issues .set forth in the Letter of Understanding were developed at a Scoping Workshop, held by the BCe on April 29. 2003, and an interdepartmental meeting of County staff held on June 2. 2003. An EAR status. report waspre.sented to the Collier CountyPlannil'lg C.ommission (Cepe) on December 18, 2003 and to the BCe on January U, 2004. Subsequent to thes.e meetings I the BCC and the cepe held joint work$hops on April 20. 2004 atld May 17, 2004. At these joint workshops, county staff was provided with additional direction applicable to the scope of work/i~ues set forth in the aforementioned letter of understanding. Subsequent to these workshops, theCCPC held its EAR adoption public hearing onJuly 15.2004. In lieu of a. lengthy sununary of the cllanges made to the EAR draft dOCllment. a red-lined llard copy version of the changes has been provided for review and consideration. The changes have Agenda Item No. 88 July 27,2004 Page 1 of 63 been tabbed for ease 9freference. with the express purpose of eliminating duplicative review of items that havealrea4y been reviewed by theCCPe and BCCand were not cited fotany changes. Please note that staff has modified the BAR ilt othetareas to provide) additional clarity. These changes are also red-lined mensure that the ccpe and BCC have the opportunity to review oj} ministerial and substantive chatlges that have been made since the May 17. 2004 joint workShop, FISCAL IMPACT: County staff undenookthe preparation of the EA.R in-hquse. The Comprehensive Planning Department prepared the BAR with input and coopetation from nUlnerous COJ.mty divisiol)sand departments. Direct anel in~tcosts have not been calculated for the preparation of the EAR. GROWTH MANAGEMENT IMPA.CT: PllrStlant to. .section 16'3.3187(6)(a). Florida Stattltes. ~~No local govemment.may amend'its comprehensive plan after the date established by the state land .plamlingagency foraelQption of its evaluation and appttli$al report unless it ha$slJ,bmitted its report oraddelldum to the land..planning.agency as prescribed by~tion 163.3191 ,,:' Therefore. timely action by the CCPCand BCC.adopting the EAR is necessary in order for the consideration. of f-uturecornprehehsive amendments, Otherwise. Collier CQUllty will be impQscd with theaforementionedstatutoty sanction that would prohibit amending its comprehensive plan. . PLANNINGCOMAfSSION RECOMMENDATION': Therecornmendations by. theCCPC from its July IS. 2()()4.EAR adoption. pUblic hearlngare set forthinthe attached memorandum. The rllemofandpm de1ineat~ with specificity the changes to the EAR that the ecpc has detenninedwarrant consideration by the BCe at its adoption public hearing on July 27.2004, STAFFRECOl\1MENDATION.: Reconilllend that the CdllierCountyBoard ofCoUilty Commissioners (Bee) aPPI'()ve a resolution adopting the seven year Bvaluationand ,Appraisal Rep()rt(EAR) of the CollietGounty Growth Management Plan fOf tran$mittal to the Dep~ent of Community Affairs (DCA) fOf sufficiency. review according to the procedures and criteria outlined in SectionJ63.3191.Flofida Statutes, Evall,lation and Appraisal of C(>mprehensive Plan. Agenda Item No. 88 July 27, 2004 Page 2 of 63 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8B This item to be heard at 3:00 p,m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommend that the Collier County Board of County Commissioners (BeC) approve a resolution adopting the seven year Evaluation and Appraisal Report (EAR) of the Collier County Growth Management Plan for transmittal to the Department of Community Affairs (DCA) for sufficiency review according to the procedures and criteria outlined in Section 163.3191, Florida Statutes, Evaluation and Appraisal of Comprehensive Plan. 7/27/20049:00:00 AM Prepared By Randall J. Cohen Community Development & Environmental Services Commuinty Planning and Redevelopment Manager 7/16/20049:31:04 AM Comprehensive Planning Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 7/19/200411:04 AM Date Approved By Stan lltsinger Community Development & Environmental Services Comprehensive Planning Director Comprehensive Planning 7/19/2004 2:00 PM Approved By Sandra lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date 7/19/2004 2:11 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 7/19/20042:12 PM Date Approved By Pat lehnhard County Manager's Office Administrative Assistant Office of Management & Budget 7/19/20042:35 PM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 7/19/20043:10 PM Approved By Michael Smykowskl County Manager's Off"lCe Management & Budget Director Office of Management & Budget Date 7/19/20044:11 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/19/20044:22 PM Agenda Item No. 88 July 27, 2004 Page 3 of 63 ~ COLLIER COUNTY GOVERNMENT Community Deveropment and Envitonmental$eniices Divl$ion Compreh~nsiv~ PhmningD~partment -- 2800 North B'orseshoe Driv~ -- Naple~,F1o.rida 34104 Memorandum To: Board of County Coll1m.issioners From: Rand~ Cohen, Community PlmmingandRedevelopmel1tManager Thru: SfiJnLif$inger, AICP. COl11prehensivePlanning Depal"tlnentDitector Date: July 19,2004 ColUer County Planning Commission (CepC) EAR AcloptionfubU(:J!earing R(lC()ttln1e#datloQ$ Subject: On J'uly 15, 2004. the CCPe voted 4.to 1 that the EAR, subject to cePe recommendations, be a.<loptedand forward~d to the Department of Community Affairs (DCA) for suffidency review. Please note that the BAR that has been> distributed fot your revi~w is identical to the .EAR reviewed by the CCPC. Tl1e Cepe has been charged with the sf.8.tutoryrespQnsibility Qf ptovidingthe BCC. With a recommended EAR. The additional .recomrnendations. set forth in this memorandum will only be incorporated in the final EAR subject to the direction of the BCC at it's July 27.2004. EARadoptionpllbIicheanng, The final recPtnrneIlWlti9ns of the BCC..WiU\Vatta.nt. spmeadditional cbang~ to the. EAR.Por exam.ple, . the. "Introduction and Executive Summary" sectiol1of the EAR Will have to be rewri.tten to incorporatetheflnai recommendations of the BCC. Inaddition,if'theBCC acGCPts certain recommendations oithe CCPC, staff will be required to adJust andlor modify exlribits~ tables, maps and figures to insure consistency with. the written text in the EAR. This EAR will n9t have the effect of . amending the GMP, but will outline. needed EAR basedamendm.ents that will follow a Imdingof sufficiency of the EAR by DCA. Stafr has also included with the EAR supplemental inforttUitiortthat is not apart of the . EAR. This information inclqd.es the EAR adoption resolution, In addition, as per the direction of the BCC and CCPC at the May 17. 2004 joint workshop, CCPC Commissioner Strain's questions and the responses thereto are included foryollr review.. Finally, the Conservancy of SW Florida has provided proposed changes for your consideration. The recommendations from the CCPe were provided from two different perspectives. First, the CCPC ratified recommendations from the May 17, 20()4, BCClCCPC joint workShop. Second, the CCPC provided. recommendations based on additional review of the EAR and after conSidering public input at the July 15. 2004. BAR public hearing. The following recommendations ate for consideration by the BCC at it's July 27, 2004. EAR adoption public hearing.' . Agenda Item No. 88 July 27,2004 Page 4 of 63 · Adopt the Conservancy of Southwest Florida's r~ommendations set forth in July 1, 2004, correspondence from Gary A. Davis to Russell Budd, ccpe Chairman (see attached). · Modify language in Section },5.H.13 t6clarify that the six density bonus provisions within this section will be eliminated, with the exception. of the "Affordable Housing Density Bonus" and the TDRprograIll adopted by theBCC in Janu~ry 2003. · Density Rating System Changes Future Land Use Element Density Bonuses: 1. Conversion of Commercial Zoning- DELETE 2, Proximity to Mixed Use Activity Centet or Interchange Activity Center alkJa Residential Density Bands - DELETE 3, Affordable Housing-RBTAlN. NO CHANGES 4. Residential Tn-ftll- DELETE 5. Roadway Access - DELETE 6. Transfer of Development Rights -RETAIN.. NO CHANGES 7. Transportation Concurrency Management Area- RETAIN, NO CHANGES Density Reduction: 1. Traffic Congestion Area - DELETE andREPLACBWITH CHliA REDUCTION GOlden Gate Area Master Plan Density Bonuses: I. ConversiOll of Commerei~Zomng -PEWTE 2. Proximity to ActiVity CenteralklaResidenti~ ~nsityBamls- DBLB'I'E 3. AffOtdableHousing ....RETAlN, NOCHANOES 4.Residentialln~fjU - DELETE 5. Roadway Access - DELETE Il1ltl1okalee Area Master.Plan Density Bonuses: 1. Proximity to NeighborhoodCentet and Conunerce-DELBTE (the Subdistricts PrQvidc for tbesame ~ensity [12 DC/A] so there is no net change) 2. Affordable Housing - RETAlN, NO CHANGSS 3, Residential In-ftll- RETAIN, NO CHANGES 4. Roadway Access - RETAlN.NO CHANGES · Intetclulnge Activity Center Subdistrict ll$CS For Activity (;entets.#4 and ftlO (at Immokalee and Pine Ridge Roads, respectively) - onlyallowcommercialu.sesthatserve the traveling pUl>1ic or that rely upon the 1-75 f.1'an.sportation network. No change for Activity Center #9 (Col1ietand Davis Boulevards). · The m~um residential den$ity in the CHHA will be capped at 4u.nits per a.cre. The residential density will be set at 3 units per acre, but one additional dwelling unit can be added via two different means, First, if the additional unit is an affordable housing unit. Second, if the unit is transferred from one CHHAproperty to mother CHBA property. · Incorporate the changes set forth in the responses to cepc Commissioner Mark Sttainis questions that followed the May 17, 2004, joint workshop (see attached). Agenda Item No. 88 July 27, 2004 2 Page 5 of 63 · Retain the density bonu,s provision for the TOR program in applicable portions of the County as adopted by the BCCin January 2003, · Modify the EAR IntrQduction on Executive Summary and all exhibits, tables, maps and figures to correspond with all other recommendations of the EAR. · Clarify the WQrdingin the third semence Qf the last paragra.ph on pa.ge x Qf the "Introduction and Executive SufuInary, " The sentence is confusing in the manner in which it con:elates beach ac.cess with density, · Section 1.5.C.3;2references "historic flowways" per policy 1.1.4. However, "historic flowways" are not def11led per th.is ~tion. This policy should1>e revi~ to clarify what constitutes a "hisWric flowway." · Section 1.5.C.l.6reJerences a 400 foot wideconido.r fOr public utilities per policy 1.5.3. The Public Utilities Department needs to provide clarificaU()n with respect to the suggested language in policy 1.5.3, II Secnon 1.5.CA.2 references dates for solid w~tefra.nchises in Objective 1.1. Theri1 is>a three year gap betWeen theexpitation of. theexistingagreernent and the starting date fora newfranchiseagreement.'l1ris three year gap needs to be rectified and language inserted to insure the continuity of providing solid wastes services to county tesident.i;. with nQ intenuption in service. · Section 1.5.F.l refers to Objective 1.1 ~ its relates Wprotected andendarlgered speCies. Objective 1,1 needs to be revised to ref1.ect that the objective has not been met and therefore ach3J1ge in the deadline W meet this objective is warranted. Also, SectiQn 1.5iF.1 should note thattheCo1.11ltyhas fonned a protected audendangered species Stakeholder'.s group with the expressed intent of rneetingtheilltent QfObjective 1.1. · Section 15,F.I0references.the deletion of Policy 3.2.3. This section needs to be revised to clarify the rationale for thedeletionQf Policy 3.2.3, · Section 1.5,F.39 states that policy 1~i3..2 provides for emergency meeting of the Bce to assess PQst-hQrticane da.rnage. This policy shQ\,lld be revised to reflect noticepi'Qvigions for this meeting to avoid any potential Sunshine Law violations. · The "Objective Achievement Analysis"Patagraph in Section 1,5.1.12 referring to "working claSs" should bechal1ged tQ "workforce." · The text in MajQr Issue 2.1.5 rnust be mQdified. The C01.11lty's checkbook concuttel1Cy program is based ona two-year time period. Therefore. allteferences to "three years" rnustbechapged to .. two years"as thi.s cbangehas heeneffectuawd by the BCC, · A specific policy nee<:Is to 'tie added to the EAR which sets forth With specificity what the design standards are for existing hurricane shelters, FurthermQre, an inventory of existing hu,nicaneshelters must reflect that existing shelters meet the requisite design standards. If not, the new policy shall reflect the corrective measures that should be taken to address existing hUlricaneshelterdeficiencies. Agenda Item No. 88 July 27,2004 3 Page 6 of63 . Policy DL3.2 on page 2,1.9 needs to be revised to chage the September, 1998 date as this policy has not been implemented. · The data. and analysis for Major Issue 2.7 is the same as the data for Mlljor ISSUe 2.6. The co~t data. and analysis pertaining to "Construction Cost Index-Level of Service Standat'ds (LOSS) for Parks Captal Facilities" mQst be provided ftorn AUIR~s from 1996- 2003. As stated earlier~ the CCPC is the County's official Land Planning Agency, and is statutorily required to present the Bee with an EAR on the Orowth Management Plan. IftheBCC adopts the EAR at Ws Jqly 27, 2()()4, adoption hearing, staff will modify the BAR to ret1ectallchanges as directed by the BCC. Following EAR adoption, the EAR will he forwarded to DCA. The DCA wil conduct a sufficiency review within6Q days. Upon a sufficiency finding, the County wiUcomrnence preparation ofidentified EAR basedamendmentuo the GMP. If you llaveany questions ()1' neeci a$$ista.n~ WithQ1e EM prior to theJl11y 27. 2004. BCe adoption hearing, please feel free to call me or another member of my staff. 4 Agenda Item No. 88 July 27,2004 Page 7 of 63 To: BCC and CCPC members Oate: May 20th, 2004 From: Mark Strain Purpose: Follow up questions from EAR Workshop Comment: Attached are the questions that I mentioned at the close of our workshop this past Monday. In my review of the EAR document, these are the main items I was unable to find answers for. As mentioned at the meeting, these questions are being presented to address issues that might be considered for further staff review if it is decided that they need additional clarification. Thank you 1. The GMP process is the foundation for rezone requests and to rezone a piece of property it must be consistent with the GMP. When rezones occur through the process dictated in the LOC, they require extensive public notifications, including neighborhood meetings. However, if private parties wish to rezone land that is inconsistent with the GMP they first must modify the GMP and then use that as a basis for consistency in their argument to effectuate the rezone via the LOC. While the LOC has adequate public notification of such intentions, the GMP does not. It would be in the better interest of the public to realize at the GMP stage, what private party amendments are being initiated for land use changes. Therefore in this EAR, adding public notification for land use changes of a zoning nature in a manner similar to those in the LOC, could be consideration for the GMP. Response: Consideration of a change to public notice/public participation requirements for GMP amendments is not an EAR issue, rather an independent policy issue to be decided by the Board of County Commissioners. However, if the cepc offers a recommendation on this issue, staff will present it to the BCC for consideration. If such a policy change is made, staff would recommend it be made via an amendment to Resolution 97-431 that establishes the requirements and procedures for the GMP amendment process. As stated above, it is suggested that public notice and participation requirements for site-specific GMP amendments initiated by the private sector should be similar to those required in the LDC for rezone petitions. There would, of course, be a fiscal impact associated with increased requirements. Presumably, this increase would be assessed to the applicant via an application fee increase. [FYI: In October 2003, GMP amendment fees increased so as to adequately cover all associated expenses; they had not been increased since at least 1997, despite increased staff review time and larger, more detailed legal advertisements. The previous fees were $3,000.00 plus $25.00/acre; the present fees are $16,700.00 plus a proportionate share of legal ad costs. Legal ad costs are in excess of $24,000.00 per amendment cycle (six full-page ads in the Naples Daily News). Based on an average of four private sector petitions per cycle, the proportionate share would be over $6,000.00.] Rezone public participation and public notice requirements are listed below. 1 Agenda Item No. 88 July 27,2004 Page 8 of 63 Neighborhood Informational MeetingJl~IM) Requirements · Applicant sends letter to all surrounding property owners within 500 feet (in Urban-designated area), or within 1,000 feet (outside Urban-designated area), advising of the NIM - no less than 10 days prior to the NIM. · Applicant posts a Y4 page display ad in newspaper advising of the NIM - between 7 and 10 days prior to the NIM. · Applicant must make meeting location arrangements and must audio or video tape the meeting. CCPC Public Hearing Notice Requirements · County sends letter to all surrounding property owners within 500 feet (in Urban-designated area), or within 1,000 feet (outside Urban-designated area), advising of CCPC hearing - no less than 30 days after receipt of a suflicient application. · County sends letter to all surrounding property owners within 500 feet (in Urban-designated area), or within 1,000 feet (outside Urban-designated area), advising of CCPC hearing - at least 15 days prior to the hearing. · For property <1 acre: County posts a sign, 1.5 square feet minimum, along each road frontage advising of CCPC hearing - at least 15 days prior to the hearing. · For property ::::1 acre: Applicant posts a sign, 32 square feet minimum, along each road frontage advising of CCPC hearing (for sites with road frontage> 1/4 mile, additional signs required, not to exceed 4 signs per frontage) - at least 15 days prior to the hearing. 2. Hurricane protection is a huge issue and it is only a matter of time before we are inundated by a major storm. Could we consider hurricane shelters as an element of concurrency? Response: As of June 25, 2004, no response received. 3. Policy 10.2.2 (on page 1.5.F.29) requires beach access be provided as a part of are-nourishment project. Has this occurred in all of our re-nourishment areas? The policy calls for an evaluation of whether access is sufficient.. .since our Code of Laws provides for access at specific intervals, if those intervals are not met, is re-nourishment provided for those beach areas? Response: The Beach and Boat Access Report and its subsequent Master Plan adopted by the BCC in May 2003 assess the sufficiency of beach access and make recommendations for target acquisitions. However, these recommendations are currently unfunded. Access acquisition is not a component of renourishment projects, but the recent TDC Beach Renourishment funding policy does include a rational nexus for complete or partial funding of renourishment projects based on the sufliciency of public access provided. The policy also stipulates that $2 million of the TDC's annual budget be set aside for beach park projects. This allocation funds refurbishments, development of accesses dedicated during redevelopment approvals, etc. Although it is intended also to fund access acquisition, it is not adequate to do so. Staff is currently following BCC direction to develop a request for proposals for the study of the feasibility of increasing park impact fees to accommodate beach and boat access. 4. Policy 10.3.8 (on page 1.5.F.31) requires that development density on barrier islands be restricted to the lowest density in the FLUE. Staff would like this clarified to m~e'rtaallrie'hi'''<Sl.c8B. .the July 27,2004 2 Page 90f63 lowest density in the FLUE is I unit per 5 acres, how is 4 units per acre consistent with the lowest density criteria? Response: The language referred to is contained within Policy 10.3.8 of the Conservation & Coastal Management Element (CCME). The full text of this policy reads as follows: "Development density on undeveloped coastal barrier systems shall not exceed the lowest density provided in the Future Land Use Element." There are two important caveats to the above-referenced policy: (I) it only applies to new development (i.e., development platted and/or built since the adoption of the 1989 Collier County Growth Management Plan). Significant portions of Collier County's coastal barrier systems, particularly in the northwest portion of the County, were platted and/or mostly developed prior to 1989. These areas have densities much greater than "the lowest density in the FLUE." (2) The density applicable to a given barrier island depends on its location on the County's Future Land Use Map (FLUM). With regards to the second factor mentioned above, there are two future land use designations that contain barrier islands: Urban and Conservation. Within the Urban Designation, all barrier islands are contained within the Urban Mixed Use District. However, the County's "urban" barrier islands are contained within two subdistricts. Islands within the northwest portion of the County are within the Urban Residential Subdistrict, as are Chokoloskee Island and Plantation Key in the southwest portion of the County. This subdistrict recognizes that these areas are largely developed and allows densities between 4 units per acre and 16 units per acre (the maximum allowable density anywhere in Collier County). The barrier island communities of Goodland, Isles of Capri and Key Marco are contained within the Urban Coastal Fringe Subdistrict, as designated on the FLUM. The maximum allowable density (currently) in these areas is 4 units per acre, except that the density may be increased through the County's Affordable Housing and Transfer of development Rights Density Bonus provisions. On Key Marco, density cannot be increased above 4 units per acre. However, it is worth noting that all of these communities have at least some developed areas that do not conform to current County future land use density criteria. The residential density in such areas may exceed 4 units per acre. The remainder of the County's barrier islands falls within the Conservation Designation on the Future Land Use Map. This designation extends approximately from the southern portion of Keywaden Island south and east to the Monroe County Line. The Conservation Designation encompasses, but is not limited to islands within the Rookery Bay National Estuarine Research Reserve, the Cape Romano-Ten Thousand Islands Aquatic Preserve, and Everglades National Park. It does not include any islands located within the City of Marco Island or Everglades City. The County Future Land Use Element has allocated a density of I unit per 5 acres for most areas within the Conservation Designation. However, this density only applies to parcels created since 1989. Although much of the land area of the barrier islands in the Conservation Designation is in either State or Federal ownership, certain larger islands, generally located south of Naples and north of Marco Island, do contain privately held platted lots. These lots range from approximately 'li acre to 5 acres in size. Access to these properties is by boat, and they are for the most part surrounded by State Lands. Each such lot could support a single residential unjt. N B Agenaa Item o. 8 3 July 27, 2004 Page 10 of 63 Given the above information, staff would like to amend its previous recommendation regarding CCME Policy 10.3.8. As recommended by staff, the amended policy would refer to the "minimum density allowed within the appropriate Future Land Use Designation, as sho\\oTI on the countywide Future Land Use Map." Alternatively, since these criteria are contained within the Future Land Use Designations Description Section of the FLUE, the CCME Policy could simply be deleted. 5. Policy 12.1.9 (on page 1.5.F.38) calls for hurricane shelters to be built for 160 MPH winds. Staff is suggesting lowering that to 140 MPH to meet minimum codes. It is not clear why this is being done. 160 MPH will better sustain a hurricane that 140 MPH; our standard could be improved over the minimum code when it comes to life and safety during hurricane protection. Response: Please see email correspondence pages 10 - 13. 6. Policy 12.1.10 (on page 1.5.F.39) provides that schools outside the CHHA be used as hurricane shelters, Staff proposes to change "outside" to "inside". This may not be helpful to have hurricane shelters within mandatory evacuation areas as people might tend to then head into the very areas they are being told to evacuate from. Response: Staff concurs and hereby recommends retaining the referenced policy's existing language. 7. Objective 3 of the Transportation Element (on page 1.5.B.3) provides for a very generic allowance of transportation staff to secure road right-of-way. In order to protect property owners, this policy should be modified to coincide with some roadwork program; otherwise the discretion of staff is unrestricted. Response: The buying of needed right-of-way is done consistent with the roadway project improvements identified in the Long Range Transportation Plan and/or the County's five year work program. 8. Objective 5 of the Transportation Element (on page 1.5.B.5) discusses "de minimus" impacts on the road system in reference to peak hours. Florida Statutes state that no "de minimus" impacts will be allowed on roadways operating below the adopted level of service. Have we established LOS determinations for a hurricane event to be sure we can safely evacuate everyone? Response: As of June 25, 2004, no response received. 9. Policy 12.8 of the Transportation Element (on page 1.5.B.13) it is recommended by staff for deletion since Florida Statutes provide the option to exempt transit systems from concurrency. Is there an advantage to the public to exercise this option? Response: The transit Level-of-Service identified in this policy is not concurrency based. This policy deals with determining how adequate the service is for use in rep0l1ing to the various oversight agencies and should not be removed from the Transportation Element. 10. Objective 1.4 of the Sanitary Sewer Element (on page 1.5.C.1.5) prom~tes tile 'l~e ofSffl~ift on local golf courses. It might be cost effective to the public to provid€'~&cn~tf~~:~'el41vate 4 Page 11 of 63 sector to install the main distribution lines from the county facilities to the various entry points of projects interested in using effluent. That way the lines are installed without taxpayer costs and effluent use could be maximized with better storage capacity during months of low use. Response: The reclaimed water system is not limited to golf course irrigation. The bulk customers receive reclaimed "vater via individually negotiated agreements; hence the wording of the Objective. There is a waiting list to receive effluent as it becomes available. Other types of customers are treated equally on the customer waiting list, and any benefit to either party from infrastructure cost sharing is raised at that time. 11. Policy 1.1.3 of the Water Element (on page 1.5.C.2.2) requires the county to identify sufficient water supplies to meet future needs. The staff cites the "Lower West Coast Water Supply Plan" and brackish water as a response. Is there a section of our water plan that promotes research on alternative sources such as desalinization or others? If not, should such language be added? Response: Staffs assessment language indicates the link desired by the state DCA in establishing the Water Supply Facility Work Plan as a regulatory requirement. All of the alternative sources of the Lower West Coast Water Supply Plan (LWCWSP) cited for Collier County are under consideration as water supply capital projects move forward. The L WCWSP is a living document and will be updated for 2005 or 2006. However, desalination is not currently a cited source alternative. The CCWSD does cite studies for alternate supply in the WSFWP's disclosed capital projects, such as the NCRWTP Saltwater Feasibility study, a FY04 project. 12. Policy 1.3.2 of the Solid Waste Element (on page 1.5,C.4.4) indicates we are collecting 1.7 million cubic feet/day of mostly methane and carbon dioxide gases. It also goes on to say we bum these off producing 98% carbon dioxide and water. With the green house effect becoming more prominent globally, due partly to carbon dioxide emissions, and since the methane in other landfill operations is actually used to generate electricity, could we provide in this policy a recommendation to explore other methods of dispersing our methane? Response: The answer is No. r.rior to incorporating a Landfill Gas-to-Energy (LGTE) system in Policy 1.3.2 of the Solid Waste Element (on page 1.5.C.4.4), it is prudent that we first complete a feasibility study including a pilot project prior to consideration of a full-scale implementation. The feasibility study including the pilot project is being addressed by the staff and it is anticipated to be substantially complete in four to five years. 13. Objective 1 of the Housing Element (on page 1.5.D.3) it is stated that 500 new affordable housing units or greater will be created each year. In discussion it was noted we are accomplishing this goal. However, what is the NET additional affordable housing after the number of homes demolished, condemned, or priced above the margin are subtracted from the yearly amount of new affordable units. Are we then still meeting this goal? Response: The stated Objective #1 of Collier County's Housing Element in its CO.n.lRreh~s\ye ~IRn is that at least 500 new affordable housing units each year will be creat'2'~.ee~~~t'i1~~~~~ 5 Page 12 of 63 assists in the creation of some of these units through a variety if incentives offered to developers of affordable units ranging from fast-tracking of permits to direct monetary assistance through grant programs. Statistics on housing condemnation and demolition are complied by the Collier County Code Enforcement Department. While the condemnation and demolition of substandard housing units is a one tool available to the County, much greater emphasis is placed on voluntary compliance and education of property owners to bring their units up to code. Thus, instances of housing units actually being condemned and demolished are very minimal, averaging only about one per year. Conversely the number of new affordable housing units permitted by Collier County thus far in fiscal year 2004 is currently 951 units. Subtracting the one condemned! demolished unit from this total arrives at a "NET' 950 new affordable housing units permitted in Collier County thus far in FY 2004. It should be kept in mind however that even as Collier County continues to surpass its stated objective of 500 new affordable units per year, studies done by the Department of Community Affairs (DCA) estimate Collier County to be 30,949 units short of meeting our affordable housing needs in 2005 and project a shortage of35,956 units by the year 2010. The Objective's goal of 500 new units per year may need to be re-examined to adequately produce enough units to meet these demands. 14. In 2.8 Concurrency Management, Public Beach and Waterway Access, there is a discussion on page 2.8.15 about the Collier Boulevard Boating Park. Since this is near the intersection of 951 and Isle of Capri Road, and since DEP owns the northwest comer of this intersection, which has direct water access, and since DEP's work program promotes the public use of the Estuary and the DEP has no funs to develop the area, could we approach DEPlRookery Bay to possibly work out a joint effort to get some water access using their property? Response: Parks and Recreation has reviewed Rookery Bay's master plan for the park on the northwest comer of951 and Isles of Capri Road. The proposed park will offer water access for nonmotorized vessels only. Parks and Recreation and Rookery Bay have a proposed a partnership that would include use of the restrooms at the future park by boat ramp users in exchange for routine trash pick-up and grounds maintenance by Park and Rec. Parks and Recreation and Rookery Bay have also discussed the possibility of the Department holding a lease on or managing the Shell Island Road boat ramp (including making improvements) should Rookery Bay succeed in purchasing that facility from The Conservancy. This project is included in the Beach and Boat Access Master Plan. Additional documents provided where noted: 1. Resolution Adopt Master Plan TCP edited 5-19-03 on page 14. 2. Beach Funding Policy on page 15 & 16. 3. Boat Launch and Beach Access Report 2002 on pages 17 - 28. 15. In 2.21 of the Environmental Resource and Habitat Protection Element for Coastal Barrier and Estuarine Resources, there is a data and collection discussion involving Collier County's collection of data concerning these resources. Since Rookery Bay Reserve encol1),Rass~ a feurfle~re~l?f our estuaries, could we save duplication of efforts by using their date as we1f?gen ~~I~ 27, ~'004 6 Page 13 of 63 Response: The short answer is that the Collier County Pollution Control & Prevention Department (PCD) does not duplicate Rookery Bay National Estuarine Research Reserve's (RBNERR) water quality sampling efforts. If duplication of effort in the monitoring of water quality exists it may exist at the State level, not at the local government level. The PCD is required to comply with the requirements listed in Collier County's Water Pollution Control Program Ordinance (Ord. 89-20). These requirements limit the Department's efforts to protect ground\vater, freshwater, surface waters and other non-tidal water resources from all sources of pollution in Collier County. Under these Ordinance requirements the PCD does not monitor tidal water bodies, which are found within the RBNERR, unless pre-approved by the Collier County Board of County Commissioners. To date we have not received any Board direction to collect water quality data within the RBNERR. The current surface water quality-monitoring program employed by PCD is done so under contract with the South Florida Water Management District (SFWMD) and Big Cypress Basin Office. This contract is a cooperative agreement between the County and the District to provide long-term trend analysis within the inland watershed basins of Collier County. As part of this monitoring strategy, SFWMD has also contracted with Florida International University (FlU) Southeast Environmental Research Center to conduct similar monitoring within the estuarine areas of Collier and surrounding counties. These two contracts are designed to compliment the monitoring eff0l1 and avoid duplication by providing both inland (PC D) and estuarine (FlU) monitoring in each major watershed basin of Collier County. Rookery Bay National Estuarine Research Reserve (RBNERR) is currently monitored under the FIU/SFWMD contract to include in-situ meter readings and laboratory analyses. 16. In 2.28 Urban Development Pattern, Item E, Conclusion (on page 2.28.4) it is stated that the county would benefit from stand alone commercial rezoning opportunities. Since we also offer bonuses to convert commercial to residential outside of activity areas, does this pose a conflict? Response: The Conversion of Commercial Zoning density bonus does not apply to all non-activity center commercial zoning, only that which is not consistent with any of the various commercial subdistricts, as depicted on the Future Land Use Map series "Consistent By Policy" maps. For those qualifying sites, the market will dictate which use is developed. If a site is more valuable as commercial, then it would be expected to develop with commercial uses, but if it is more valuable as residential, then it would be expected to develop as residential. That is, the presumption is the site will develop as commercial if there is a demand for commercial uses at that location, and if the site is of adequate size and dimensions to accommodate the type of commercial needed to satisfy the demand; conversely, it is presumed the site will develop as residential if there is demand for it, if the desired/needed density can be obtained via a rezone, and if the site is of adequate size and dimensions to accommodate such residential development. It should be understood that stand-alone commercial rezone opportunities should be limited in scope. Such opportunities should probably be limited to neighborhood commercial development- certain low intensity retail uses, and limited office and personal service uses. Appropriate criteria should be established, to include: separation from existing commercial; roadway frontage classification (arterial and/or collector); size of commercial development (acreage andJor building Agenda-Item No. 88 July 27,2004 Page 14 of 63 7 square feet); use intensity; and, adequate trade area/demand (e.g. number of dwelling units proximate to the site). If an existing commercial site is identified on the "Consistent By Policy" maps, and there is adequate demand for commercial development, but the site is zoned such that it does not allO\\' the needed use intensity (e.g. there is demand for retail uses but the site is zoned C-l which does not allow retail commercial), but the site qualifies for the new stand-alone commercial provision, then the site could be rezoned to another commercial zoning district. Similarly, if an existing commercial site is identified on the "Consistent By Policy" maps, and there is adequate demand for commercial development, but the site is not of adequate size and/or dimension, but the site is of adequate size and/or dimension when coupled with abutting lands, and the combined sites qualify for the new stand-alone commercial provision, then the combined sites could be rezoned to the appropriate commercial zoning district. So, though there is an incentive provided to eliminate certain commercial zoning while at the same time proposing a new provision to allow new commercial zoning, staff does not see it as a conflict. 17. In 2.30 the Urban Development Pattern, page 2.30.18 a paragraph discusses the criteria for intersections to become candidates for "grade separated intersections" that have traffic counts of 100,000 trips per day. Is this an attempt to institute a policy for new overpasses and if so, where and when are we likely to experience this base criteria? Response: The 100,000 trips per day is an industry related rule of thumb for Overpasses but is not considered a policy on determining future Overpass locations. The 100,000 trips per day is not particularly applicable since other criteria has been used in the past when Overpasses were discussed during the development of the MPO's Long Range Transportation Plan. These other criteria used in the past include posted speed limits, signal density, number of planned through lanes entering and intersection, if the route serves activity centers, if it is an evacuation route, what the congestion is at adjacent intersections, the congestion on parallel rOlltes, if the facility is an intermodal route and the existing and future projected volumes. Further analysis is done to find out conceptual design issues, right-of-way requirements, probable costs, the potential crash reductions by an Overpass and lIser benefits. All of this criteria would be taken into account prior to adding an Overpass location to the MPO's Financially Feasible Long Range transportation Plan. Therefore, the language is not meant to be a policy but is describing the issues faces with the Activity Centers and the limited network that we have and the possible consequences of that. 18. Included within the EAR binder, but slipped into the cover and not in the binder rings, was an insert titled "Water Supply Facilities Work Plan". How does this tie to the EAR and GMP? If the GMP is the controlling document, shouldn't the data in this document be in the GMP, not a separate document? Response: The Water Supply Facilities Work Plan (WSFWP) is a new state DCA requirement linking land use with future water supply planning. The County statT were infonned of this requirement by the state Administrator in charge of this initiative and were provided the 1~q,uiren1en~~deH~es in. May 2003. The WSFWP discloses the water supplies, facilities, derl1'MrJ1~~~~.tpf~t~a04vater 8 Page 15 of 63 supply capital improvement projects for the unincorporated entities within the COlmty. The future supply alternatives in the WSFWP must be consistent with the applicable regional water supply plan, which is the Lower West Coast Water Supply Plan. Integral to establishing the link with land use planning is the requirement to enact amendments to the three subelements of Potable Water, Conservation and Coastal Management, and the Intergovernmental Coordination Element. These requirements have all been addressed. The WSFWP is considered an appendix of the EAR. The evaluation and appraisal reporting of this initiative is Section 3.2 of the EAR text, within Chapter 3: Special Topics. a. Within this insert, starting on page 20 and noted as 4.1 Countywide Projections, there is a discussion on the use of statistics to evaluate the build our population of Collier County for the purpose of determining water consumption needs. The plan seems to use a population projection based on BEBR forecast that according to the language in this document, "...All of the BEBR population projections exceed the County's estimated build-out population by 2022." Does this mean that the water projections and facilities planned are based on a different population scenario that used for other county departments that relied on the Collier County Urban Build Out Study? If so, has this had the effect of forecasting a greater need for facilities? How has this impacted impact fee collection validation and other related issues? Response: The population projections used in the WSFWP and the Water-Sewer Impact Fee are consistent with and based on the County population projections. Collier County Planning Services Department (County Planning) uses BEBR high forecast for the initial 5 years, and then 95% high BEBR for the next 5 years. County Planning annually used the BEBR values and disaggregates the population into the recognized Traffic Analysis Zones (T AZ). This department also coordinates with incorporated entities' Planning Departments to arrive at the consistent, but spatially different, population projections for the Water and Sewer Service Area populations, Fire Control District populations, etc. The future population through year 2022 for the Collier County Water-Sewer District also includes planning for service areas changes such as serving the Rural Fringe and taking over the Orange Tree Utility's service area in 2012. It is worth noting that the Urban Build-out Study incorporates projections for Naples and Marco Island, which are not ",-ithin the Water-Sewer Service Area. b. In the back of the inserted document, is a graph referenced as Figure 15. This graph shows that in 2010, we will have an Annual Average Daily Demand (AADD) for potable water that exceeds our production. Does this same outcome occur using the County's population statistics in lieu of whatever was used by this graph? Ifwe have different sets of statistics, shouldn't we be using the same statistics for all departments? Ifthis graph is accurate, how are we anticipating the handling of this deficiency? Will it require building moratoriums near the year 201 O? Response: The specific graph cited is for water storage capacity, meaning volume, in relation to AADD over time. The treatment plant capacity and demand projection graph is actually Figure 13, which indicates concurrency with demand through every indicated year. High storage capacity functions as a peak period buffer and as an equalizer of demand variability for finished water. This measure can be less than 100% of AADD \yjtho\tt. imlla.cting either level of service or gro\\1h. Agenda Item NO. 6ts 9 July 27,2004 Page 16 of63 Question # 5 Email Response: -----Original Message----- From: kuckoj Sent: Thursday, June ]7,2004 ]2:06 PM To: MurphyDarren Subject: RE: Question #5 - responses -----Origina] Message----- From: MurphyDarren Sent: Thursday, June 17,200411:55 AM To: kuckoj Cc: harrison_g Subject: Question #5 - responses Hello, Mr. Kucko First, I thank you for adding your additional, professional input to Dan Summer's original responses regarding Planning Commissioner Mark Strain's question: "Conservation & Coastal Management Element, Policy 12.1.9 (on page 1.5.F.38) calls for hurricane shelters to be built for 160 MPH winds. Staff is suggesting lowering that to 140 MPH to meet minimum codes. It is not clear why this is being done. 160 MPH will better sustain a hurricane that 140 MPH; our standard could be improved over the minimum code when it comes to life and safety during hurricane protection. " I have two additional follow-up questions regarding your responses A & B: A.) Wind speeds have been based on the 50 - 100 year peak gusts in accordance with ASCE 7-98 and the highest speed noted for this area close to 140 miles-per-hour. Florida Building Code Table 1606 list the importance factors to consider for building design and it is higher for buildings where the occupant load is 300 or more. It should be noted that the Code Commentary for the Building Code suggests an even higher design factor be considered when the structure is to be used for a shelter. It would appear that in a 50-100 year time period that the highest peak gust is 140 mph. Hurricane shelters are built to accommodate sustained winds. Therefore, it would appear that the 140 mph standard is appropriate based on ASCE 7-98 and if the holding capacity for the evacuation shelter is equal to or less than 300 people. Please verify this matter? [kuckoj] Yes, it because most structures utilized for shelters are designated as such and fall under the design use factors of FBC Table 1606. B.) As wind speed in relation to cost is not covered under the code, I do not feel qualified to answer this question. My opinion would be that, yes, greater strength requirements due to increased wind speed and design pressure would add cost to construction but how much I do not know. I was wondering if you knew of anyone within the County's Building Department that could provide me more information on this issue, in terms of providing me with an inherent cost factor? [kuckoj] The providing of estimates is not within the scope or requirements of the Building Department but we can offer a suggest valuation based valuation tables created by the International Code Conference. These take into account the typical cost of construction per square foot and give an estimated value. It is by no means definitive, just a rough estimate. 10 Agenda Item No. 8B July 27,2004 Page 17 of 63 [Darren] at least we know where to reference the cost estimates (International Code Conference) for building a shelter at various, sustained winds, that being 140 mph, 160 mph.] Jeff, Hope this helps, -----Original Message----- From: CohenRandall Sent: Thursday, June 17,2004 11:18 AM To: MurphyDarren Cc: weeks_d; HeathGlenn Subject: RE: Follow-Up Questions from Second Evaluation & Appraisal Report Darren: I believe the response from Mr. Kucko is quite clear as to why the design standards for hurricane shelters could be reduced from 160 mph to 140 mph with respect to hurricane wind speeds and gusts. In his answer to the first question, it would appear that in a 50-100 year time period that the highest peak gust is 140 mph. Hurricane shelters are build to accommodate sustained winds. Therefore, it would appear that the 140 mph standard is appropriate based on ASCE 7-98. Please verify this matter with Mr. Kucko. In addition, there is an inherent cost factor associated with building structures that will sustain greater wind velocities. You should be able to get a general response to that from an inquiry within the County's Building Department. For example, the structure most likely would require thicker concrete, deeper footers and a different type of structural steel. Please expedite this request accordingly. Do not forward my e-mail, but just ask the questions accordingly. Thank you. Randy -----Original Message----- From: kucko.J Sent: Thursday, June 10, 2004 8:37 AM To: MurphyDarren Cc: SchmittJoseph; kuck_t; CohenRandall; weeks_d; HeathGlenn; harrison-9 Subject: RE: Follow-Up Questions from Second Evaluation & Appraisal Report A. Wind speeds have been based on the 50 - 100 year peak gusts in accordance with ASCE 7-98 and the highest speed noted for this area close to 140 miles-per-hour. Florida Building Code Table 1606 list the importance factors to consider for building design and it is higher for buildings where the occupant load is 300 or more. It should be noted that the Code Commentary for the Building Code suggests an even higher design factor be considered when the structure is to be used for a shelter. B. As wind speed in relation to cost is not covered under the code, I do not feel qualified to answer this question. My opinion would be that, yes, greater strength requirements due to increased wind speed and design pressure would add cost to construction but how much I do not know. C. FBC 2003 bases the equivalent basic wind speeds on three second wind gust velocities. A longer gust duration has been suggested at 140 miles-per-hour. Again, not my area of expertise but it is my opinion that sustained gusts in relation to 3-second gusts at 160 miles-per-hour would not vary that much in pressure and therefore be equivalent in design factor. D. The wind loads are 3-second gust, wind speeds in miles per hour at 33 feet above ground at Exposure C Category. The location of a shelter would also have to be considered in the design as wind speeds are based on a worse case exposure. The design might be lessened as distance from the coastal areas is increased. Hope this helps a bit, Jeff 11 Agenda Item No. 88 July 27,2004 Page 18 of 63 -----Original Message---- From: MurphyDarren Sent: Thursday, June 10, 2004 8:00 AM To: kucko.J; harrison_g Subject: FW: Follow-Up Questions from Second Evaluation & Appraisal Report Importance: High MEMORANDUM TO: Jeffery Kucko, Building Review and Permitting, Chief Structural Inspector Cc: Gary Harrison, Building Review and Permitting, Struct. Plans Rev. Specialist FROM: Stan Litsinger, AICP, Comprehensive Planning Dept., Director DATE: June 10, 2004 RE: Follow-Up Questions from Second Evaluation & Appraisal Report (EAR) Workshop, May 20, 2004. Collier County Planning Commissioner Mark Strain generated the following questions subsequent to the May 20, 2004 EAR Workshop. Commissioner Strain was unable to locate answers to these questions within the information provided for the EAR. The questions raise potential issues that may be considered for further staff review if additional clarification is warranted. The questions below are intended to be specific to matters handled by your Department and/or relate to your specific area of expertise. Please provide responses to these questions to the Comprehensive Planning Department no later than close of business on Wednesday, June 23, 2004. If you have comments or questions concerning the nature of your responses, please contact Darren Murphy, at (213-2950). Please respond to the following questions: 1. Conservation & Coastal Management Element, Policy 12.1.9 (on page 1.5.F.38) calls for hurricane shelters to be built for 160 MPH winds. Staff is suggesting lowering that to 140 MPH to meet minimum codes. It is not clear why this is being done. 160 MPH will better sustain a hurricane that 140 MPH; our standard could be improved over the minimum code when it comes to life and safety during hurricane protection. Dan Summer's, Emergency Management Department Director, initial response to this question: A. Meeting 140 mph is reasonable based on history and the inability to formally document sustained gust for X period of time at 160. (Please verify) B. For every 5mph increase above 100mph the cost to wind engineer and the associated load per square foot.. is exponential in terms of cost to build. (Please verify) C. The Southern Building Code.. that I am familiar with in NC.. also reminds us that although we may reduce the wind speed.. we in-fact changed the duration of time.. say from a 7 second burst at 160mph.. versus a 15 or 30 second burst at 140mph... The obvious would be design to 140 with the 15-30 second wind burst duration. (Please verify) 12 Agenda Item No. 8B July 27,2004 Page 19 of 63 D. The other issue is the height at which the wind gust is being measured... If I am not mistaken.. the current 140 is measured at 10 meters.. and the previous 160 was measured at 5 meters... again.. the 140 at 10 meters is a good compromise due to the velocity increases as wind is re-directed-upward. (Please verify) IO.M. Cc: Joe Schmitt, Community Dev. & Environmental Services Div., Administrator Thomas Kuck, Engineering Services Dept., Engineering Services Director Randy Cohen, Comprehensive Planning Comm. Dept., Redevel. Mgr. David Weeks, AICP, Comprehensive Planning Dept., Chief Planner Glenn Heath AICP, Comprehensive Planning Dept., Principal Planner 13 Agenda Item No. 88 July 27,2004 Page 20 of 63 RESOLUTION No. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING THE COLLIER COUNTY PARKS AND RECREA nON BOAT LAUNCH AND BEACH ACCESS MASTER PLAN. WHEREAS, adequate public access to coastal lands and waterways is an integral part of the superior quality of life enjoyed by residents of and visitors to Collier County, and; WHEREAS, The Collier County Growth Management Plan instructs that the County is to "continue to insure that access to beaches, shores and waterways remains available to the public and develop a program to expand that availability of such including funding options for acquisition," and; WHEREAS, the Collier County Board of County Commissioners heard a presentation of the 2003 Collier County Parks and Recreation Beach and Boat Access Reporl at a public workshop on March 12, 2003, and as a result thereof instructed staff to present to the Board, for its consideration and approval, a Master Plan that addresses the recommendations contained in that Report; and WHEREAS, the Collier County Parks and Recreation Boat Launch and Beach Access Master Plan, attached to this Resolution as Exhibit A, is hereby presented to the Board for its consideration and approval in response to the Board's instructions to staff. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Collier County Parks and Recreation Boat Launch and Beach Access Master Plan, attached hereto as Exhibit A, is hereby adopted, effective immediately. This Resolution adopted this _ day of majority vote favoring adoption. , 2003, after motion, second and ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Approved as to form and legal sufficiency: By: Robert N. Zachary, Assistant County Attorney 14 Agenda Item No. 8B July 27,2004 Page 21 of 63 . . ..wl Beach Fundin!!: Policv TOURIST DEVELOPMEt'ff CATEGORY fliA" ~INGPOLICY 1. Use of roc Cllletlorv "A" funtls. Category"A" Tourist Development Tax Funds shall be used for beach. renourishmertt, beach maintertance. and beach park facilities including beach access acquisition. 2,$ource of 0111" fUlflls.Federal or State funds are desirable andsbould be diligently pursued. 3. Man4atorv a"nufllblldslet tdlocotlon ~ffundsllRtI trUlmtenalfU of reserves. a. Catastrophe reserves shall be accumulated in the budget with $lM in 2004 plus $O.5M per year thereafter \IP to a maximmn oUlOM. In the. event ora catastrophe requiring the expenditur'O of all or part ofthesc reserves, $O.5M will continue to be set aside. b. AnllWll monitQringand other permit C()mpliance requirements, . Beginning with FY 2005. these costs Shall be cost.~(if applicable) with roc Caf!!lgory "A" funds at the same percentage as the project. c. Major renourisbment reserves shall be accumulated in the budgetwitb $2M per yczr aftetthecomplction. of the major rcnouriShment project c1U'rCntly. in planning and permitting (as of November 2003; proj~ to start setting aside funds in FY 2006), d. Beach park faoilities(includin8 beach lICCeSS property acquisition) shall be~ at an average of$2Mper year. This funding allocation Shall.be adjuSU:d annually in an amount equal tQ the percentage change in roc Category "A" revenues, Co Remainmgfunds may be used for eligible grant applications as outlined in the poliey below. 4. .El1tnlJili!v. eU$ible beach areas qualify for Category "An funding. An "eligible beach area" has: a. Atleast one public access pomtfi'om a publlcstreet; and b. 1$ no more than. one-half mile. from a beach park facmtY.public~ess point, hof!!ll. motel or is a vital tourism area su~ect to abnormal erosion. provided that if at least 8()O~ of a beach area is classified as eligible, otherwise ineligible gaps wiIJ be deemed eligible. S. LevelofU1e.Eli$ible beaehareas are cia!lsitied according to use. a. "High use" is an eligibll: bI:aeh area within one-half mile of 8 hotel, motel. designated public parking or public Shuttledrop-offpoint. b. "Low use" is an eligible beach area outside the limits for high use, provided that ifat leastSO% of a beach area is classified as high use, low use gaps will be deemed high use. Exhibit A 15 )i.genda Item NO. ~ts July 27,2004 Page 22 of 63 6. Level ofW'V1ce. Eligible beach areas qualifY for Category "AI> funding based on UlIe. a. An eligibl~ low use beach area qualifies for "minimum maintenance." meaning ~ol1rishment sutli~ient to provide minirnumshorclineprotection for a projected period of five years, including rnaintenance..monitoring and testing on a periodie basis as needed. b. An eligible high use beach area qualifies for fun renourishment, meaning additional renourishment intended to enhance beach width for recreational or other public purpose. c. Additional Category "A" funding may be provided for ellgibl.e low use beach areas for renourishment in addition to minimum maintenance, provided that at least 6()% of the incremental cost 1$ funded by private or Qtber non-county sources. 7. Inlet.~. BrlHl$$lnl!. The bypassing of sand across inlets. may be. .funded by Tourist Development Tax Category "A" fundingp1'1,lvidcd the InletMa.nasement PI$n recQlnmendsthe b)'pQSSingfUl,dthe sandwUl be placedQn an eligible~. ~o TOC CategQry "A". funding will be appl'()vcd fordmfgtng non-beacltcompatiblematerial. P_t requirements, such as profile monitoring and beach tilling, will be funded the satt'le way as thebypa$$ing. 8,. Shore D'*ctio"st1'#!1~ (1M In'OlecJ snonsonhip, Proj~ including COll.strucUon and ~ ofshorcprotettion stnlctJn'es (grQins.jetties. breakwaters. etc.). may be ~ by Category "An funding for eligible beaches. However. 'ownership' responsibilities must rest with an entity other than "Tourist Development 'T'axes" - to. there mUSt bea projeCt sponsor (priVate interests. taxing. districts, municipalities or County. Departments other than those. funded with Tourist DevelopmetltTaxt.s). 9. . Grant 411(HictdWn Rmew. The Coas~l Advisory Committee and the Parks and Recreation Advisory Board will ptepateand triaintain.~ prioritited annual spending plan fOl'the useofT911rlst Development Tax CateSOf}' "A If.funds. wi~ a ten Year projection. The proposed plans will be submitted totbe B()lUd of County Commissionets(BCC) for tbdr eonsideration and approval, via the TOC. 'J'i1esesllbmissions will coincide with the annualColUer County budget cy~1e. The Coastal Advisory Commi<<eewillrevitw all requests forTourisfDevelo()lllent 'T'u Category "A" funds. with the exception of County maintained beach park facilities that will be bandied by the Parks and Recreation Advisory Board.. Both advisory boards will make recommendations for approVal, denial or modification to the BCC, via the tOC, consistClOt with theBCC established policy for use ot'these funds. Exhibit A 16 Agenda Item No. 88 July 27,2004 Page 23 of 63 17 Agenda Item No. 8B July 27, 2004 Page 24 of 63 ,...~~-.-:"~;~;,;t;-~,,,";':;r:-;-;,,"~v,,:,",,,_,~;,,,.,~.:._,.,,. = ...._"....."""-,.,,,,....""'~--&.,-,-;"",,::,,"",,.,,..... ::",,,,,,,,,""::"'''::'-''''''---'I''~,^''~ ,....._,,,"~,..,.,,,......,.,~.,.. ';A'_~~_~":~,:.", Collier County BOATAI'4D BEACH ACCESS REPORT 2003 (lollftrCOurityBollt alId 8tICh AccenRepott~ . z 18 Agenda Item No. 88 July 27,2004 Page 25 of 63 19 Agenda Item No. 88 July 27,2004 Page 26 of 63 20 Agenda Item No. 88 July 27,2004 Page 27 of 63 21 Agenda Item No. 88 July 27, 2004 Page 28 of 63 22 Agenda Item No. 88 July 27, 2004 Page 29 of 63 23 Agenda Item No. 88 July 27,2004 Page 30 of 63 24 Agenda Item No. 88 July 27, 2004 Page 31 of 63 25 Agenda Item No. 88 July 27,2004 Page 32 of 63 26 Agenda Item No. 88 July 27,2004 Page 33 of 63 27 Agenda Item No. 88 July 27, 2004 Page 34 of 63 28 Agenda Item No. 88 July 27, 2004 Page 35 of 63 3 We believe that this language should be changed, because the Plan referred to in the Objective bas been adopted. We also believe that the language should be revised to reflect that the Watershed Management Plans also provide for the protection of wetlands. We believe that the language should read as follows: The Eastern Lands Study Area Plan has been adopted, so the County recommends that this language be changed to remove the second sentence in its entirety, so that the objective applies throughout the COUl'Ity. In additio~ the County recommends that this Objective should be revised to provide coordination with the Watershed Management Plans of CCME Objective 2. L Policy Relevance We would like to add the following language for Policy 6.2.3: The County recommends that Policy 6.2.3 be revised to ensure that Watershed Management Plans developed in accordance with CCME Objective 2.1 are followed in the protection of wetlands throughout the COWlty, including in the Urban and Estates designated areas. We would like to add the following language for Policy 6.2.4: The County recommends that Policy 6.2.4 be revised to ensure that Watershed Management Plans developed in accordance with CCME Objective 2.1 are followed in the protection of wetlands in the Urban designated. areas. We would like to add the following language for Policy 6.2.7: The County recommends that Policy 6.2.7 be revised to ensure that Watershed Management Plans developed in accordance with CCME Objective 2.1 are followed in the protection of wetlands in Estates Designated and Rural Settlement Area. 1.5.C.3BRIEF ASSESSMENT OF SUCCESSES &. SHORTCOMINGS - PUBLIC FACn.ITIES EI.EMENT - DRAINAGE SUBELEMENT In addition to the changes that necd to be made to the Watersbed Management Plan Objective olGoa! 2 oCthe CCME, the Public Facilities Element, Drainage Subelement EAR language needs to be revised to coordinate with the Watershed Management Plans and other objectives of the CCME. Introdudioll and Background (p,l,5.C.3.1) The introduction should also state: 4 There is also an overlap in the intended purpose of the Drainage Subelemellt and Goal 2 of the CCME, including the Walershcd Management Plans of Objective 2.1. Obiective 1.1. Policy Relevance (p. 1.5,C'~J,f) For Policy 1.1.4, we would like to add a sentence to the end of the paragraph as follows; In addition, the County recommends that the policy should be revised so as to be consistent with the Objectives and Policies ofOoal2 oithe CCME. Objective 1.2: Objective Achievement Analysis (p. 1.5.C.3.2) We would like to add language as follo\\'S: The County recommends tbat the Objective be revised so as to acknowledge tbat the Objectives and Policies of Goa12 of the CCMEshould also be mel and that the Watershed Management Plans of Objective 2.1 of the CCME provide a menus to balance the needs offlood control and naturaL resource protection. Objective 1.5: Obiective Achievement Analysis (p. 1.5.C.3.4) We would like to add language as follows: The County recommends that the Objective be revised so as to acknowledge that the Objecti'vesandPolicies ofGoa12 of the CCME and the Watershed Management Plans of Objective 2.1 of the CCME provide guidance for protecting the functions of natural drainage features. Objective 1.6: Obiective Achievement Analysis (p. 1.5.C.3.5) We would like to add language as follows: The County recommends that the Objective be revised so as to acknowledge that the Objectives and Policies of Goal 2 of the CCME and tbe Watershed Management Plans of Objective 2.1 oitlle CCME provide guidance fo.r protecting the functions of natural drainage features. fQJicy Relevance We would like to change the Janguage of Policy 1.6.2, because retention and detentio.n requirements are found not only in Section 5.2 of the South Florida Water Management District Basis of Review, but also. in Section 4.2 (fDr discharge into waters that do. nat currently meet water quality standards). 5 The County recommends that the Policy should be revised to refer to the South Florida Water Management District Basis of Review wilhout referring to specific sections. 2.11 EVALUATION OF MAJOR ISSUES: ENVIRONMENT AI., RESOURCE AND HABITAT PROTECTION - COASTALBARRJER AND ESTUARINE RESOURCES Part of this section, beginning at p. 2.21.2, focuses on compliance with water quality standards. The discU!~sion relies upon the Florida DEP's Noveulber 2001 Everglades West Coast Basin Status Report. Since that Report, however, O'EP has finalized the Impaired Waters List for the area that includes Collier County, officially adopting it on Maroh 18,2003. This final rule should be used to identify watershed segments that do not meet water quality standards as designed by OEP. In addition, Objective 2.2 refers to Federal water quality standards. The U.S. EPA maintains the official list of watershed segments that do not meet water quality standards approved by EF A under the Federal Clean Water Act. EPA published its list that included Collier County on June 11,2003. (U.S. EP A Region IV, Decision Document Regarding Department Of Environmental Protection's S303(d) List Amendment Submitted On October 1,2002 And Subsequently Amended On May 12, 2003). This list includes some watershed segments that are not included on the DEP list. Together those lists include tbe following watershed segnlcnts in Collier County that do not meet water quality standards: Cocohatchee River Canal Cocohatchee River Naples Bay Gordon River Gordon River Canal Golden Gate Canal Henderson Creek Canal Barron River Canal North In addition, p. 2.21.1, and continuing to 2.21 .2, states, "The county has LOC standards that address the protection of seagrasses from boat dock construction, but no data are available for submerged habitats." In the analysis section, on p. 2.21.5, it states that CCME Objective 6.3 mandates, "The COWlty shall protect and conserve submerged marine habitats," and that, "This Objective has been achieved by applying the bout dock standards in its development review process." It is impossible to assume, with any level of certainty, that seagrasses are being protected, when there are no data available for a submerged lands inventory. In addition, the analysis seems to indicate that applying standards to boat dock pennits is sufficient to protect seagrass beds. However, seagrass productivity is liuked to a variety off actors, including, boat docks, marinas, boat speed, turbidity and water quality. Such issues tie into the need for Watershed Management Plans that includes impacts to our estuarine resources_ RESOU,fTI0N NO, lM_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONF.RS OF COLLIER COUNrY, FLORIDA ADOPTING THE SEVEN YEAR EV AUlA TION AND APPRAISAL REPORT FOR THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR TRANSMn~rAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR SUFFICIENCY REVIEW ACCORDING TO THE PROCEDURES ANI) CRITERlt\ OtmJNED IN SECTION 163.3191, FLORIDA STATUTES, fNALlJATION AND APPRAISAL OF COMPREHENSIVE PLAN. WHEREAS, Chaprer 163.3191. Florida StutulCS, (200J) requires thar local planning agencies and govcrnrncOls. as part of rbe continuous amI ongoing comprehensive plllllning pro.;ess. shall pcriodically prepare an Evalllntion .md Appraisal Repol1 (EAR). which i>lwll be sent 10 tht, IOClII governing body and In the J)ep;lrtlllent oC Commnnlly Affairs (DCM. us Ihe principal process fnr upduring local. adopted comprehensive plans to rcHecl cllllngt's in local condilions and sra\i:: policies on planning Ufld growth mamlgemcnt; and WHEREAS, Ihe Board of County Ctmunissioncrs Ii"s designated rhe Collier Connly Planning. Commissioll as Ihe kleal planning agency, PUrsllUflt to Chapler 163_3174, Florida Statutes, 10 conductlhe evaluation and appraiSl.1 pn,cess for tbe Gmwth Manugelllent Plan and to prepnre reeorumendatiollS regarding Ihe adoption of an EAR pnor to the submittalLO the DCA~ and WHEREAS, the Collier COUllIY Bontd of County Commissioners held an EAR workshop on April 29, 2003; and WllEREAS, the Collier County Planning Commission and the Boatd of County CI)lIllllissioners held joint EAR workshops Oil two o.;easlons, April 20. 2()()4 and May 17, 2004; umJ WHEREAS, the Ct)llier County Plllnning COllllnissiOll has held a puhlk hearing on July 15.2004 and made its recorumendalion concerning the EAR, NOW, THEREFORE, BE rr RESOLVED BY THE HOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. tllHl: I. Collier Count)' hM prepared the EAR including Ibe various lUlal,llses l'C<lulred tu rnc:et tlte criteria using the tlesl data currenlly aVllHublc from SOUrt~S inside and outside 01' the COllntygovcIlllllClIl. including SUlle ugendes. ll<' l'(Xluirl'tl by ~)Ccliol\ 163.3191, Florida Slatutes. 2. CoUier County has not prepared and will not submit the EAR based luncndmcllIs at the lime of adopli.lll and transmittal of Ihe EAR 10 the DCA. Ag.endCilJtem Nq. 88 , 004 Page 43 of 63 3, 'l1le Board of County CQmllllSS!Oners hereby ;lpproVCS the I'ranslI1itl\ll or the adopted EAR for the Collier CQunty Growth Management PJ;m for suffkicncy review to the DCA, 4_ The Board of County Commi~!oncrs hereby adOI)ts the !~AR and requests thm Ihe DCA review the Collier County EAR for Ihe Growth Management Phm :mti issue n finding of sufl1ciency. This Resolution adopted this Z,7'" day or ~2004 aner mOlion. second and majority VOle. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIBR COUNTY. FLORIDA Uy;_.. DONNA Fll\LA. CHAIRMAN DWIGHT E, BROCK. Clerk Apl)f(.lvcd as 10 form and Legal sufficiency: ...../.. . .... <; j, Q na"8"l<o'~f ~';r1. (J!;tA,d.J,1tA.~ Ma~jorie . Sludent Assistant COUnty Anome)' Evallllltjoll and Appta'val Report 10()4 G :ICOIuprchensi Vi: Agenda Item No. 88 July 21, 2004 Page 44 of 63 . JEB BUSH Governor STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call flome. COLLEEN CASTILLE Secretary July 30, 2003 Mr. Stan Litsinger, AICP Manager, Comprehensive Planning Section Collier County Planning Services 2800 N. Horseshoe Drive Naples, Florida 34104 RE: Letter of Understanding for the Collier County Dear Mr. Lit,>inger: The Department has reviewed your e-mail letter dated July 25, 2003, which oul.lines the scope of 'WOrk for the County's preparation of the Evaluation and AppraisalReport (EAR). The Department agrees to the proposed scope of issues as set forth in the attachments 10 your letter, and this letter serves as our continuation of our letter of understanding. We greatly appreciate the cooperation and effort of Collier County staiI, particularly Mr. Darren Murphy, in working with us to implement a successful scoping process. We look forward to continued success as the County proceeds in preparing the EAR. If you or your staff have any questions or if we may be of further assistance as you proceed with the EAR work, please contact Mr. Mike McDaniel, Regional Planning Administrator, at (850) 487-4545. Sincerely, Charles Gauthier, AICP Acting Director Division of Community Planning Agenda Item No. 88 Julv 2762004 I-Iage 4 OT oj Agenda Item No. 88 July 27,2004 Page 46 of 63 . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH COLLEEN CASTILLE Governor Secretary July 25,2003 Mr. Charles Gauthier, AICP Acting Division Director l3ivision of Community Planning Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 RE: Letter of Understanding for the Collier County Evaluation & Appraisal Report Dear Mr. Gauthier: The purpose of this letter is to identify the community land use planning issues on which the County will focus its Evaluation and Appraisal Report (EAR), consistent with Section 163.3191 (2), Florida Statutes. This list was developed at a Seoping Workshop, held by the Collier County Board of County Commissioners on April 29, 2003, and at an interdepartmental meeting of County staff held on June 2, 2003. The Collier County EAR Report is due January 1, 2004. Please contact Glenn Heath, Principal Planner, or Darren Murphy, Planner, with regard to any questions or comments relative to this letter or the proposed EAR. Sincerely, Stan Litsinger, AICP Manager, Comprehensive Planning Section Collier County Planning Services (239) 403-2408 Fax (239) 643-6968 cc: Board of County Commissioners, Collier County James Mudd, County Manager, Collier County Leo Ochs, Jr" Deputy County Manager, Collier County Margaret Wuerstle, AICP, Planning Services Director Joseph Schmitt, Community Development Administrator Glenn E. Heath, AICP, Principal Planner, Comprehensive Planning Section Darren Murphy. Planner, Comprehensive Planning Section Agenda Item No. 88 July 27,2004 t-'age 4 ( ott:;;; Agenda Item No. 88 July 27,2004 Page 48 of 63 . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH COLLEEN CASTILLE Governor Secretary COLLIER COUNTY EVALUATION & APPRAISAL REPORT The County will prepare and adopt the Evaluation & Appraisal Report by January 1 ,2004. The time period covered by the evaluation will be from October 1997 (the date of adoption of the last EAR-based amendment) until July 1, 2003. The EAR will include the following components: Evaluation of Maior Issues Identified in Attachment A 1, The EAR will include an analysis of each major issue for their potential social, economic and environmental impacts. s.163.3191(2}(e). F.S. 2_ The EAR will identify the plan objectives related to each major issue. The EAR will evaluate the extent to which the objectives have been achieved. The EAR will discuss any unforeseen and unanticipated changes in circumstances that have resulted in problems and opportunities with respect to the major issues in each element. s.163.3191(2)(g}, F.S. 3. The EAR will identify any actions or corrective measures, including whether plan amendments are anticipated to address the major issues identified and analyzed in the report. s.163.3191(2)(i), F.S. Countywide Assessment The report will present an evaluation and assessment of the comprehensive plan related to the following topics: 1. Population growth and changes in land area, including annexation, since October 1997 (the adoption of the most recent EAR-based amendments). s.163,3191(2}(a), F.S. 2. The extent of vacant and developable land. s_163.3191(2)(b), F.S. Agenda Item No. 88 July 27,2004 Page 50 of 63 Agenda Item No. 88 July 27,2004 Page 52 of 63 Agenda Item No. 88 July 27, 2004 Page 54 of 63 Agenda Item No. 88 July 27, 2004 Page 56 of 63 Agenda Item No. 88 July 27,2004 Page 58 of 63 Agenda Item No. 88 July 27,2004 Page 60 of 63 Agenda Item No. 88 July 27,2004 Page 62 of 63 .-. EXECUTIVE SUMMARY Petition PUDZ-2003.AR.42S0: Golden Gate Fire Control and Rescue District and Waterways Joint Venture IV, represented by Karen Bishop, of PMS, Inc. of Naples, and Richard D. Y ovanovich, of Goodlette, Coleman and Johnson, P.A., requesting a rezone from the Rural Agricultural (A) zoning district to the Mixed Planned Unit Development (MPUD) zoning district, to allow development of a fire station with a 135..foot high communication tower and a 7S-foot high training facility, and sixteen (16) single-family attached dwelUngs (including townhouses intended tor fee simple conveyance including the platted lot associated with the residence) and customary accessory uses. Property is located on the west side of Collier Boulevard (C.It. 951), approximately 340 feet north of Wolfe Road, in Section 34, Township 48 South, Range 26 East, CoUier County, Florida, consisting of 9.38:.l: acres. OBJECTIVE: - Staff is requesting that the Board of County Commissioners consider this petition to rezone the subject site from Rural Agricultural to Mixed Planned Unil Development (MPUD) to allow for the development of a tire station with other related uses and sixteen dwelling units, and determine whether the requested rezoning for the Golden Gate Fire District Station (ooFD) 73 PUD is consistent with the Collier County Growth Management Plan and the Land Development Code and is in the best interest of the community. CONSIDERATIONS: The petitioner wishes to rezone 9.38:.l: acres of land currently zoned Rural Agricultural (A) to Mixed Planned Unit Development (MPUD) for a project to be known as the GGFD Station 73 PliO. The PUD document and the Master Plan show the subject site divided into two tracts. The Master Plan proposes a 3.72:J:-acre residential (R) tract (and a 0.3 :I:: acre preserve area from which residential density is calculated) and a 5.4:1::-acre public/community faf...wties (CF) tract The residential portion will consist of a maximum of 16 multi-family dwelling units~ which the petitioners propose to be sold as fee simple units that will include the platted lot upon which the residential unit is located. The public/community facilities portion of the projcct is proposed to be developed with up to 50,000 square feet of floor area that will consist of a tire station and offices for fire prevention and fire marshal staff, as well as a rITe training facility that is proposed to include a 75-foot high training tower, The petitioner is also seeking to allow emergency medical services~ a library, a sheriff's office, and a property tax assessors office, as well a~ other unspecified general governmental service offices, and essential public service facilities. The water management concerns of this project will be integrated into the water management pennit for the Hibiscus Village/Summit Place project, which is the project located to the north. c'-' The public/community facilities tract will have one access point onto Collier Boulevard and an interconnection to Wolfe Road through the parcel located to the south. The residential units will gain access to Collier Boulevard through Summit Place of Naples PUD that is being amended (PUDZ- 2003-AR-4(46) concurrently with this petition. The site is cleared and there is a water retention lake as shown on the Master Plan, GGFD Station 73. PUDZ.2003-AR.4250 rad4E30B,trnp Agenda Item No. Be July 27,2004 Page 1 of4 Page 1 of 4 As of today's' date (June 29.2004), the petitioners and staff have not reached an accord regarding some aspects of this PUD. The PUD document proposed by the petitioners contains elements to which the staff does not agree. To address staffs concerns. staff provided a different (from the petitioners') PUD document to the Collier County Planning Commission (CCPC), as well as the petitioners' PUD document. These issues were discussed at length in the staff report. and will be discussed further at the CCPC hearing on July 15,2004. If consensus has nol been reached at the end of the CCPC hearing. the issues wilt need to be resolved by the Board of County Commissioners at the July 27. 2004. heming, The major issues are listed below; 1. Two main issues of contention are the fire training facility and the communication tower, Staff is not recommending approval of the fire training facility. and staff is recommending that the communication tower's scope of use and height be reduced to 40 feet. 2. Section 2.11 of the PUD document: Staffs document does not differentiate between the multiple owners and multiple projects and the agreements that have been entered into amongst the parties other than the county; staff referenced the entity responsible as the GGFD Station #73 PUD (see Rezone Findings for an explanation). 3. Section 5.2 of the PUD document: Staff has altered the list of uses to specifically address the uses as they are des(,i'ibed in the Standard Industrial Code manual and as more specifically defined in the LDC. The petitioners' PUD document was not as speci fie. 4. Section 6.2. of the PUD document: Staff's version claritIes the time for which the developer may be re~"ponsible for improvements required by the PUD document. The proposed language has been ...- provided by the county attorney's office. 5. The petitioners' PUD document contains a discrepancy regarding the height of the training tower. On page 16. in Section 5.3.3--Accessory Stmctures, the proposed height is shown as a maximum of 75 feet~ however, in Table n. on page 13. accessory structures are shown not to exceed 2 stories. which does not seem in concert with a proposcd height of 75 feet. (Because staff is not recommending approval of a training tower. the height and number of stories for that use is not an issue in the staff PUD document.) 6. Staff has informed the petitioners' agents of the recommendations regarding the deviations. It is staffs understanding that the petitioners will continue to seck approval of the deviations as part of the public hearing process. FISCAL IMPACT: This rezoning of this PUD by and of itself will have no tiscal impact on the County. However. if this request meets its objective. a portion of the existing land will be redeveloped. The fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted Levels of Service (LOS) for public facilities, In the event that impact fee collections arc inadequate to maintain adopted levels of service. the County must provide supplemental funds from other revenue sources in order to build needed facilities. ro. Development takes place in an environment of concurrency management. When LOS requirements fall below adopted standards, a mechanism is in place to stop building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. Agenda Item No. Be July 27, 2004 GGFD Station 73, PUDZ.2003-AR-4250 rad4E30B,1mp Page 2 of 4 Page 2 of 4 ",._....~ Impact fee payment amounts vary by land use type. Zoning review does not provide the level of specificity to determine how many square feet could be devoted to any pmticular use, or more importantly, which uses will ultimately be developed. Zoning approval grants the developer the ability to choose from a list of approved uses; the actual use determination is not provided to county staff until much later in the development process. As proposed, this project seeks to develop a maximum of 16 dwelling units and a maximum of 50,000 square feet of t100r area. however a.~ noted above, staff does not know whether that number of units will ultimately be developed, or what actual square footage of any proposed use may be developed. Consequently, staff must make an assumption to calculate potential impact fee payments. .- ROAD - S/F Attached EMS CORRECTIONAL FACILITIES COMMUNITY PARKS REGIONAL PARKS LIBRARIES SCHOOLS FIRE GOVERNMENT BUILDING $3,485.00/Dwellin Unit 104.00/Dwellin Unit 117.98/Dwellin Unit 548.00/Dwellin Unit 547.00/Dwelling Unit 148.28/1 ,000 S( uare feet 827.00/dwellin unit 0.15/ . uare foot 119.7011,000, uare feet 16 16 16 16 16 32 16 32,000 32 $55,760.00 1,664.00 1.887.68 8,768.00 8,752.00 4,744.96 13,232.00 4.800,00 3,830.40 ROAD - General Industrial EMS CORRECTIONAL FACILITIES FIRE . GOVERNMENT BUILDINGS TOTALS $5,233.0011 ,000s uare feet 41.00/1,000' uare feet 0.03/,' uare foot 0.301 uare foot 394.8011.()()()square feet 20 50 50,000 50,000 50 Prepared by Paula Fleishman. Financial Administration & Housing $104,660,00 2,050.00 1,560.00 15,000.00 19,740.00 $143,010.00** * Calculations arc estimated using 2, 000 square feet per unit ** Calculations are estimated using 20,000 square feet for the main fire station building which would be assessed road impact fees, and 30,000 square feet for the training center and administration buildings, which would be considered accessory buildings and therefore would not be assessed road impact fees GROWTH MANAGEMENT IMPACT: ,,--. The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict) Agenda Item No. 8e July 27,2004 GGFD Station 73, PUDZ.2003-AR.4250 rad4E30B.tmp Pag& 3 of 4 P ag e 3 of 4 ,_, on lhe Future Land Use Map of the Growth Management Plan (GMP). This Subdistrict allows a variety of residential uses at a density consistent with the Density Rating System; recreation and open space uses; and, essential services, induding safety service facilities and governmental offices. The Density Rating System in lhe Future Land Use Element (FLUE) indicates the site is eligible for a base density of 4 dwelling units per acre. The site is not subject to any density reductions and no density bonuses are requested. Thus, the maximum eligible density is 4 dwelling units per acre. The development proposed residential units on four acres. thus the project would be eligible for a maximum of sixteen units, which is what is proposed. thus the residential component of the project is consistent with the Density Rating System of the GMP. Comprehensive Planning noted that FLUE Policy 5.4 requires new land uses to be compatible with. and complementary to, surrounding land uses. Comprehensive Planning noted that the proposed training tower may not be compatible with the surrounding planned and proposed residential uses. Comprehensive Planning staff did recommend that this petition be found consistent with the FLUE of the GMP, but left the compatibility issue to be addressed by Zoning and Land Development Review staff. The compatibility issue is addressed extensively in this report as part of the deviation request discussion as well as the analysis of the future land uses. ENVIRONMENTAL ISSUES: The Environmental Review staff has reviewed the petition and the PUD document and has addressed any concerns wilhin the PUD document and the Master Plan. This petition qualified for a waiver from __ the Environmental Advisory Council (EAC) and the petition was therefore not heard by that body. ENVIRONMENTAL ADVISORY COUNCIL (EAC> RECOMMENDATION: The EAC did not hear this petition as noted above. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition will be heard by the ccpe on July 15, 2004, The repOlt of that meeting will be provided orally at the Board of County Commissioners hearing. STAFF RECOMMENDATION: Zoning & Land Development Review Services staff recommended that the Collier County Planning Commission forward Petition PUDZ-2003.AR.4250 to the Board of County Commissioners with a recommendation that this petition be deemed consistent with the GMP, and further that the rezoning request from Rural Agricultural to PUD be approved, with the limitations contained in the staff PUD document to address compatibility. Otherwise, staff could not recommend approval of this petition because the project would not be consistent with GMP Policy 5.4., and thus not consistent with the overall GMP, which is a paramount requirement necessary to support any recommendation for approval. ~ GGFD Station 73. PUDZ-2003-AR.4250 rad4E30B,tmp Page 4 of 4 Agenda Item No. Be July 27, 2004 Page 4 of 4 EXECUTIVE SUMMARY Recommendation for the adoption of a Resolution applying the Annual Mid- Cycle Indexing adjustments to amend the Parks and Recreational Facilities Impact Fee rate schedule, which is Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County Consolidated Impact Fee Ordinance No. 2001-13, as amended); providing for an effective date of August 2, 2004 OBJECTIVE: That the Board of County Commissioners adopt l.he attached Resolution to amend Schedule Three of Appendix A of Chapter 74 of l.he Collier County Code of Laws and Ordinances, thereby increasing l.he Parks and Recreational Facilities Impact Fec rates by 2.5 percent, effective August 2, 2004, ,- CONSIDERATIONS: Since 1989, Collier County has u..<:;cd impact fees as a funding source for growth-driven Parks and Recreational Facilities capital improvements, On December 3, 2002, the Board of County Commissioners (Board) adopted Ordinance No. 2002-66, which is an amendment to the Collier County Consolidated Impact Fee Ordinance, (Ordinance No. 2001-13, as amended) to provide for annual mid-year indexing adjustments to Parks and Recreational Facilities impact fees, These indexing adjustments are based on the "Consumer Ptice Index (CPI) - MiamifFt. Lauderdale, FL, All Items, (NSA)", a..<; reported by l.he United States Bureau of Labor Statistics for the most recent period for which figures are then available, compared to the same CPI figure reported for the same period one year prior. On June 24, 2003, the Board adopted a Resolution that applied the indexing methodology, thereby establishing the current Parks and Recreational Facilities Impact Fee rates, The proposed application of l.he indexing formula, as required. to the current Parks and Recreational Facilities impact fee rate schedule results in a 2.5 percent increase to all of these rates. The attached Resolution provides for a delayed effective date of August 2, 2004, which is one year after the current rates became effective. FISCAL IMPACT: It is anticipated l.hat approval of l.his rate indexing should generate approximately an additional $180,000 pcr fiscal year. The following chart shows a side- by-side compari~on of the current and the proposed impact fee rates: ,-. Agenda Item No. 8D July 27,2004 Page 1 of 7 Parks Indelling Puge 2 Community Parks Per Regional P<Mks Per Combined Total Fee Per Dwelling Unit Dwelling Unit Dwelling Unit Land Use (Unineorpmated Area) (Countv-wide) (Unincorporated Area) Current Proposed Current Proposed Current Prooosed S/F Detached < 1,800 SQ. ft. $611 $632.43 $616 $631.40 $1,233 $1,263.83 i 1,800-3,000 sq. ft. $802 $822.05 $801 $821.03 $1,603 $1,643.08 > 3,000 SQ. fl. $948 $971.70 $946 $969.65 $1,894 $1,941.35 MIF i < 1,000 SQ. lL $486 $498.15 $485 $497.13 $971 $995.28 1,000-1,700 sq. ft. $548 $561.70 $547 5560.68 $1,095 $1,122.38 > 1,700 SQ. ft. $710 $727.75 $708 $725.70 $1,418 $1,453.45 i ! Mobile Home fRV (Pad) $671 $687.78 $670 $686.75 $1,341 $1,374.53 I HotellMolel (Rm) $393 $402.83 I $392 $40 1.80 $785 $804.63 .- GROWTH MANAGEMENT IMPACT: Impact Fees generate funds to be expended for capital improvements to public facilities necessitated by growth. This rate indexing provides additional funding for capital projects relate-d to Parks and Recreation, promotes predictability of the annual revenues, reduces costs for scrvices of ratc consultants, allows the development and construction industries to plan more accurately for scheduled increases and helps to avoid one-time rate escalations caused by time lapses between fonnal studies. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution to amend Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, as amended (the Collier County Consolidated Impact Fee Ordinance, No. 2001-13, a~ amended) to increase all Parks and Recreational Facilities Impact Fee rates by 2.5 percent, effective on August 2, 2004. ,- Agenda Item No. 80 July 27,2004 Page 2 of 7 Item Number Item Summary Meeting Date Approved By Sandra Lea Community Development & Environmental Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 80 Recommendation for the adoption of a Resolution appiying the Annual Mid- Cycle Indexing adjustments to amend the Parks and Recreational Facilities Impact Fee rate schedule, which is Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County Consolidated Impact Fee Ordinance No. 2(;01-13, as amended): providing for an effective date of August 2, 2004 7/27/2004900:00 AM Executive Secretary Community Development & Environmental Services Admin. Date 7/13/20041:00 PM Date Approved By Marla Ramsey Public Services Parks & Recreation Director Parks and Recreation 7113/20043:16 PM Date Approved By Constance A, Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin, 7114/20049:12 AM Date Approved By Thomas Palmer County Attorney Assistant County Attorney County Attorney Office 7/151200411:06 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin, 7/16/200410:54 PM Date Approved By Pat Lehnhard County Manager's Office Administrative Assistant Office of Management & Budget 7/19120048:18 AM Date Approved By Susan Usher County Manager's Office Senior ManagemenliBudget Analyst Office of Management & Budget 71191200410:58 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 71191200411:12 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 7119120041:35 PM Date Approved By Denton Baker Community Development & Environmental Services Financial Admin & Housing Director Financial Admin. & Housing 719/20044:12 PM Agenda Item No. 8D July 27,2004 Page 3 of 7 RESOLUTION NO. 2004-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE THREE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS A.1\1ENDED, THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, THEREBY INCREASING THE PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATES BY 2 and % PERCENT PER DWELLING UNIT, ROOM OR PAD; THE PROPOSED RATES SPECIFIED IN REVISED SCHEDULE THREE OF APPENDIX A; PROVIDING A DELAYED EFFECTIVE DATE OF AUGUST 2,2004 WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No, 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding all of the County's then existing impact fee regulations. and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Law and Ordinances (the Code), and incorporating the Parks and Recreational Facilities impact fee rates that had been established by the adoption of Ordinance No, 99-39; and WHEREAS, on June 25, 2002, the Board of County Commissioners adopted Resolution No. 2002-304 thereby amending Schedule Three of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; thereby increasing the Parks and Recreational Facilities impact fee rates; and WHEREAS, on December 3, 2002, the Board of County Commissioners adopted Ordinance No. 2002-66 to provide for annual mid-year indexing adjustments to Parks and Recreational Facilities impact fees based upon the "Consumer Price Index (CPI) - Miami Ft Lauderdale, FL, All Items, as reported by the United States Bureau of Labor Statistics for the most recent period for which figures are then available compared to the same CPI figure reported for the same period one year prior; and WHEREAS, on June 24, 2003 the Board of County Commissioners adopted Resolution No, 2003-225 to apply the first indexing adjustment to the Parks and Recreational Facilities impact fee thereby establishing the current Parks and Recreational Facilities impact fee schedule; and WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, this application for indexing adjustments provides for a 2,5 percent increase in the Parks and Recreational Facilities impact fees; and WHEREAS, the above recommended rate increase establishes these rates at the maximum levels allowed in accordance with equity tests established and existing pursuant to Florida law; and WHEREAS, staff has thoroughly reviewed the calculations and fmdings and staff concurs with the recommended increase to the Parks and Recreational Facilities impact fee rate schedule, and staff recommends that the Board of County Commissioners adopt this Resolution to implement these recommended changes; and I Agenda Item No. 8D July 27, 200~ Page 4 of I WHEREAS. the Board of County Commissioners accepts the recommendations from staff. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: The Board of County Commissioners hereby declares. after advertised public hearing. that the Parks and Recreational Facilities impact fee rates set forth in the revised Schedule Three of Appendix A of Ordinance No, 2001-13. as amended. the Collier County Consolidated Impact Fee Ordinance. the same being Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances. attached hereto. and incorporated by reference herein as Exhibit "AU are fair and reasonable and are to be assessed to those who receive or will receive benefits from additional paries and recreational public facilities. which is necessitated by increased population and related growth driven development. BE IT FURTHER RESOLVED that these revised Paries and Recreational Facilities impact fees will take effect as of 8:00 A.M. on, August 2. 2004, This Resolution is adopted after motion; second and majority vote favoring adoption this day ,2004, A TIEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By By: DONNA FIALA. Chainnan Deputy Clerk Approved as to form and legal sufficiency: Tb~ p~ Thomas C. Palmer. Assistant County Attorney Agenda Item No. 80 July 27, 2004 Page 5 of 7 I APPENDIX A SCHEDULE THREE: PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATE SCHEDULE Community Parks Regional Parks Combined Total Fee Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit Land Use (Unincorporated Area) (County-wide) (Unincorporated Area) Singlc*FamHy Detached Less than 1,800 sq. ft. $6-1-1 $632.43 $6+e $631.40 $1,233 $1.263.83 1,800 - 3,000 sq. ft. $&00 $822.05 $8().l. $821.03 $1,603 $1 ,643.08 More than 3,000 sq. ft. $948 $971.70 $946- $969.65 $1,&94 $1,941.35 Multi-family Less than 1,0{)() sq. ft. $486 $498.15 ~ $497.13 $ 971 $ 995.28 1,000 - 1,700 sq. ft. ~ $561. 70 .$$47 $560.68 $1,095 $1.122.38 More than 1,700 sq. ft. $+J.O $727.75 $:m& $725.70 $1,418 $1.453.45 Mobile Home/R V Park (Pad) $e+l- $687.78 ~ $686.75 $1,341 $1.374.53 Hotel/Motcl (Room) ~ $402.83 $m. $401.80 ~ $ 804.63 Note: Community Parks Impact Fees do not apply to the City of Naples, City of Marco Island and Everglades City. Parks and Re(,.Teational Facilities Impact Fees are based on the Uvine area of the specified use. !JndcrJincd text is added; struck tRrollgh text is deleted. Agenda Item No. 80 July 27,2004 Page 6 of 7 APPENDIX A SCHEDULE THREE: PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATE SCHEDULE Community Parks Regional Parks Combined Total Fee Per DweUing Unit Per DweUing Unit Per Dwelling Unit Land Use (U nincorporated Area) ( County~wide) (Unincorporated Area) Single-Family Detached Les') than 1,800 sq. ft. $632.43 $631.40 $1,263.83 1,800 - 3,000 sq. ft. $822.05 $821.03 $1,643.08 More than 3,000 sq. ft. $971.70 $969.65 $1,941.35 Multi-family Less than 1,000 sq. ft. $498. ] 5 $497.13 $ 99528 1,000 - 1,700 sq. ft. $561.70 $560.68 $1,122,38 More than 1,700 sq. ft. $727.75 $725.70 $1,453.45 Mobile Home/R V Park (Pad) $687.78 $686.75 $1,374.53 HotellMotcl (Room) $402.83 $785 $ 804.63 Note: Community Parks Impact Fees do not apply to the City of Naples, City of Marco Island and Everglades City. Parks and Recreational Facilities Impact Fees are based on the living area of the speci fled use. Agenda Item No. 80 July 27,2004 Page 7 of 7 - EXECUTIVE SUMMARY Recommendation to approve an ordinance amending the County's recently recodified land Development Code (LOC aka UDC) to correct scrivener's errors prior to final publication and to amend existing and still effective LDe provisions pertaining to political signs and charitable solicitations in road rights-of-way. -- OBJECTIVE: To consider approval of an ordinance: 1) amending the UDC (the temporary designation given to the Land Development Code (LDC) as recodified & revised)(Exhibit "A" of Ordinance 04-41, adopted on June 22, 2004) to correct certain scrivener's errors arising from the LDC r9C9dification process, and 2) amending the existing LDC which will not be superceded until the UDC becomes effective on 12:01 A.M., Monday, September 27, 2004. a) pertaining to "political signs;" and b) to implement Board directed changes pertaining to solicitations made in road rights-of-way for charitable purposes. CONSIDERATIONS: Procedurally, because there will be no substantive amendments to any of the existing zoning district uses or zoning districts themselves, only one Collier County Planning Commission {CepC} and one Board meeting, which do not have to be (but may be) evening meetings. is needed to correct or amend the UDC & LDC. The subject ordinance is to be considered by the CCPC on July 22. 2004, at 5:00 p.m. The Board will be informed of the ccpe's finding of Growth Management Plan (GMP) consistency and of the CCPC's recommendation with respect to Board approval of the Ordinance. The Title of the subject Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ADOPTED BY ORDINANCE NO. 04-41, TO CORRECT SCRIVENER'S ERRORS RELATING TO THE INCORRECT INSERTION OF DEFINITIONS AND TO RE-INSERT DEFlNmONS MISTAKENLY DELETED UNDER SECTION 1,08.02t DEFINmONSj AND TO CORRECT SCRIVENER'S ERRORS RELATING TO SECTION 2.03.07, OVERLAY ZONING DISTRICTS; SECTION 2.04.03, TABLE OF LAND USES IN EACH ZONING DISTRICT; SECTION 3,03.07, UNDEVELOPED COASTAL BARRIERS; SECTION 4.06.04, TREE AND VEGETATION PROTECTION; AMENDING SECTION 5.06.06, SIGN STANDARDS FOR SPECIFIC SITUATIONS; AND APPENDIX H, LDC/UDC COMPARATIVE TABLES; AND MAKING EFFECTIVE THE REPEAL OF A PORTION OF THE STILL EFFECTIVE LAND DEVELOPMENT CODE ADOPTED BY ORDINANCE 91-102, AS AMENDED, IN SECTION 2.1.15.3., PERTAINING TO SOLICITATIONS FOR CONTRIBUTIONS IN OR NEAR PUBLIC RIGHTS-OF-WAY; PROVIDING FOR CONFLICT AND SEVERABILlTYj PROVIDING FOR INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND PROVIDING FOR AN EFFECTIVE DATE. FISCAL IMPACT: There are no anticipated fiscal impacts. .-.. Page 1 of 2 Agenda Item No. 8E July 27,2004 Page 1 of 3 GROWTH MANAGEMENT IMPACT: The proposed corrections and amendments in the UDC and LDC are consistent with. and will implement. the Goals. Objectives. and Policies of the GM? RECOMMENDATION: That the Board, by motion and super-majority vote. find the Ordinance consistent with the GMP and approve it as proposed, or as it may be modified by the Board. -- .-- Page 2 of 2 Agenda Item No. 8E July 27, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 8E Item Summary Documents for this item are available for review in the Zoning and Land Review Department (see Russell Webb), Recommendation to approve an ordinance amending the County's recently recodified Land Development Code (LOC aka UDC) to correct scrivener's errors prior to final publication and to amend existing and still effective LOC provisions pertaining to political signs and charitable solicitations in road rights-of-way. Meeting Date 7/27i2004 9:00:00 AM Approved By Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin, Date Sandra Lea 7/19/20042:13 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 7119120043:37 PM Approved By Constance A. Johnson Operations Analyst Community Development & Environmental Services Admin. Date Community Development & Environmental Services 7/19/20044:49 PM Approved By Patrick G. White Assistant County Attorney Date County Attorney County Attorney Office 7/19/20046:45 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/20/2004 8:03 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 7/20/20048:37 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/20/2004 8:44 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/20/20049:10 AM Agenda Item No. 8E July 27, 2004 Page 3 of 3 - EXECUTIVE SUMMARY Recommendation to approve an ordinance amending the County's Code of Laws and Ordinances (Code or Code of Laws) to relocate existing Land Development Code (LDC) provisions into the Code of Laws, to amend existing Code of Laws Provisions pertaining to the SHIP Program, and to delete duplicative code provisions no longer required. - OBJECTIVE: To have the Board of County Commissioners (Board) consider approval of an Ordinance amending the Code of Laws that: 1) deletes no longer required provisions which duplicate similar provisions found in the LDC pertaining to the adequacy of public facilities, 2) relocates existing LOC provision not readopted as part of the UOC into corresponding provisions of the Code, and 3) amends SH IP program provisions to reflect current practices. CONSIDERATIONS: As a further step in implementing the revisions to, and recodification of, the LOC into the UDC, the Board was advised on June 22. 2004, that specified portions of the existing LOC identified in Appendix H (the table which primarily cross-references existing LDC provisions to their corresponding location in the UDC, etc.), would be relocated to the Code of Laws once the ordinance recodifying and revising the LDC to the UOC was approved. Having approved that ordinance (Ord. No. 04-41, effective September 27,2004), the Board is now able to consider this Ordinance and take the next step in improving the overall efficiency of the County's regulatory framework. Additionally, current provisions pertaining to the adequacy of public facilities in Code of Laws Chapter 106 duplicate those found in the LOC (existing Division 3.15, recodified as UDC Section 6.02.01). Lastly, staff has amended portions of Code of Laws Chapter 114, pertaining to the SHIP Program to reflect current terminology of the department and other relevant matters reflecting current practices, which are further detailed below, The Title of the subject Ordinance is as follows: ---- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING, ADDING, AND AMENDING PROVISIONS OF THE COLLIER COUNTY CODE OF LAWS & ORDINANCES (CODE OF LAWS), ADOPTED BY THE ORDINANCES CITED BELOW BY REPEALING SECTIONS 106-71 THROUGH 82, PERTAINING TO ADEQUATE PUBLIC FACILITIES; RELOCATING THE FOLLOWING PROVISIONS FROM THE LAND DEVELOPMENT CODE (LDC) INTO THE CODE OF LAWS: LDC SEC. 1.5.5 PERTAINING TO CONSTRUCTION NOISE DERIVED FROM ORDINANCE NUMBER (ORD. NO.) 92-73 TO SEC. 54-92, LDC SEC. 1.5.7 PERTAINING TO REGULATION OF THE COLLIER WATER-SEWER DISTRICT DERIVED FROM ORD. NO. 92-73 TO SEC. 134-186, LDC SEC. 2.6.31 PERTAINING TO DONATIONS OF PROPERTY TO THE COUNTY DERIVED FROM ORD. NO. 91-102 TO SEC. 2-27, LDC DIV. 3.4 PERTAINING TO REGULATION OF EXPLOSIONS DERIVED FROM ORD. NO. 91-102 TO SEes. 55-1 TO 55-18, LDC DIV. 3.5, EXCEPT SEC. 3.5.11. (LITTORAL PLANTINGS), PERTAINING TO REGULATION OF EXCAVATIONS DERIVED FROM ORD. NO. 93-37, AS AMENDED, TO SECS. 22-106 TO Agenda Item No. 8F July 27,2004 Page 1 of2 Page 1 of 3 22-119, LDC DIV. 3.6 PERTAINING TO WELL CONSTRUCTION DERIVED FROM ORD. NO. 91-102 TO SECS. 90-1 TO 90-8; AMENDING CHAPTER 114, ARTICLE III DERIVED FROM ORD. NO. 93-19, AS AMENDED, PERTAINING TO THE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM, LDC DIV. 3.17, PERTAINING TO POST-DISASTER RECOVERY AND RECONSTRUCTION MANAGEMENT DERIVED FROM ORD. NO. 98-62 TO SECS. 38-1 TO 38-12, Loe SEC. 5.7.2.1 PERTAINING TO AUTHORITY OF THE COUNTY MANAGER WITH RESPECT TO REPORTS & RECOMMENDATIONS TO THE BOARD OF COUNTY COMMISSIONERS AND PLANNING COMMISSION DERIVED FROM ORO. NO. 91-102 TO SEC. 2-78; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND PROVIDING FOR AN EFFECTIVE DATE. - As noted above as to Chapter 114, on November 8, 1994, the Board approved Ordinance No. 94-59, the State Housing Initiative Partnership ("SHIP") Down Payment/Closing Cost Assistance Program for first-time Homebuyers. This amendment to the program will raise the down payment and closing cost assistance loan amount available to low- and very-low income first- time homebuyers from $5,000 per home up to $15,000. This change to the program was approved during the execution of the County's three-year Local Housing Assistance Plan ("LHAP") plan, approved by the Board of County Commissioners on April 27, 2004. The County's LHAP identifies strategies that will be implemented to address affordable housing needs. Collier County's LHAP provides for the following housing strategies: Down Payment/ Closing Cost Assistance with Emergency Repair, Housing Rehabilitation-Owner Occupied. Housing Rehabilitation-Rental, Land Acquisition with New Construction, Demolition with New Construction, Special Needs Housing, and Emergency Home Repair. The new LHAP discontinued the County's SHIP Impact Fee Waiver/Deferral program in favor of this expanded Down Payment/Closing Cost assistance program. The new program will provide the same benefit to homeowners whether they are purchasing new or existing homes. This ordinance amendment is the final step needed to complete the change. This expanded down payment/closing cost assistance program aims to provide the same level of benefit to the community as had previously been received through the combination of the down payment/closing cost assistance program and impact fee relief program combined. FISCAL IMPACT: There are no anticipated fiscal impacts, except to note that sufficient funds are available in the Affordable Housing Trust Fund (191) to accommodate any increase necessitated by the amendments to Chapter 114. GROWTH MANAGEMENT IMPACT: The proposed amendments are consistent with, and will implement, the Goals, Objectives, and Policies of the GMP, RECOMMENDATION: That the Board, by motion and majority vote, approve the Ordinance as proposed, or as it may be modified by the Board. .-' Page 2 of2 Agenda Item No. 8F July 27,2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number SF Item Summary Documents for this item are available for review in the Zoning and Land Review Department (see Russell Webb). Recommendation to approve an ordinance amending the County's Code of Laws and Ordinances (Code or Code of Laws) to relocate existing Land Development Code (LOG) provisions into the Code of Laws, to amend existing Code of Laws Provisions pertaining to the SHIP Program, and to delete duplicative code provisions no longer required. Meeting Date 7/27/20049:00:00 AM Approved By Sandra Lea Executive Secretary Community Development & Environmental Services Admin. Date Community Development & Environmental Services 7/19/20042:13 PM Approved By Constance A. Johnson Operations Analyst Community Development & Environmental Services Admin. Date Community Development & Environmental Services 7/19120044:26 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 7/19/20045:28 PM Approved By Patrick G. White Assistant County Attorney Date County Attorney County Attorney Office 7/19/20046:46 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/20/20047:59 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 7/20/20048:48 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/20/20049:05 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/20120049:39 AM Agenda Item No. 8F July 27,2004 Page 3 of 3 ~'"' EXECUTIVE SUMMARY Petition SNR-2003-AR-4982, Bill L. Neal, representing Bayshore Beautification Municipal Special Taxing Unit, requesting a street name change from Bayshore Drive to Botanical Garden Parkway, located in Sections 11 , 14, 23 & 26, Township 50 South, Range 25 East. OBJECTIVE: The Petitioner is requesting to change the street name of Bayshore Drive to Botanical Garden Parkway. CONSIDERATIONS: The Petitioner is requesting that the name of the street be changed in order ''to bring about a more positive image and a better neighborhood." - The Petitioner has met the requirements for requesting a street name change. The name does not duplicate an existing street name. Of the 140 owners of property abutting the street in question, 77, or 55 percent have granted their approval of the change. FISCAL IMPACT: Fiscal impact to the County Administrator's agency will be incurred in the form of staff time spent revising plats and addressing records. Fiscal impact to fire, police (Sheriff's Office), Post Office, EMS, and 911 Emergency Services will be incurred in the form of costs to update records and maps. Based on a cost estimate from Traffic Operations and Alternatives Transportation Modes, replacing the existing signs, which includes both material and labor, will total approximately $1060.00. The cost involves two street name signs at two intersections, which will cost approximately $160.00 to replace (4 x $40). Additionally, at the intersection of Bayshore Drive and US 41 the two street name signs on the mastarms will cost approximately $300.00 (2 x $150) and the two overhead signs on US 41 which are owned by FOOT will cost approximately $600 (2 x $300) provided a "patch" can be used to change the name. The Petitioner has requested that the County bear the cost of replacing the street signs since the property owners have already taxed themselves to "re-image" the area. GROWTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. ,..... Agenda Item No. 8G July 27,2004 Page 1 of 7 ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical/archaeological issues associated with this petition, EAC RECOMMENDATION: The EAC does not review street name change petitions. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission does not review street name change petitions. STAFF RECOMMENDATION: ,- Staff recommends that the Board of County Commissioners approve Petition SNR 2003- AR-4982, changing the name of Bayshore Drive to Botanical Garden Parkway. However, staff recommends disapproval of the petitioner's request for the County to cover the cost of changing the street signs and recommends that the Bayshore Beautification Municipal Special Taxing Unit bear the cost to replace the street signs in accordance with Ordinance 2003-14, Section Sixteen that states "it shall be the responsibility of the petitioner to bear the cost of replacing street signs on all public and private streets. In the case of public streets, signs will be replaced by the Collier County Transportation Operations Department following payment of a fee to be determined by the Director of the Transportation Operations Department". SNf1..2003. A R-4982 ...-.' Agenda Item No. 8G July 27, 2004 Page 2 of 7 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8G This item nas been continued Indefiniteiy. Pe@on SNR-2003-AR-4982, BIIIl. Neal. representing 8ayshore Beautficat:on "'Au:'l:ci~al SpeCial T ax~ng Unit, requesting a street name change from Bays!iore Dnvc to Botanlcal Garden Parkway. located ,n Sections 11. 14.23 & 26. Township 50 South, Range 25 East. 7/27.12004 900:00 AM Prepared By Joyce Ernst Community Development and Environmental Services Planner 6;2512004 11 :41 :06 AM Zoning & Land Development Review Approved By Planner Date Joyce Ern.t Community Development and Environmental Services Zoning & Land Deveiopment Review 6123120049:19 AM Approved By Chief P'anner Date Ray Bellow. Community Developme"t & Environmental Services Approved By Zoning & Land Development Review 6125/2004 11 :44 AM Dcane B. Flagg Transportion Services Traffic Operations and Alt Trans Modes Director Date Traffic Operationsl A TM 7;121200411:09 AM Date Approved By Constance A. Johnson Community Deveiopment & En'i1ronmental Services Operations Analyst Community Development & Environmental Services Admin. 7i1212004 2:17 PM Approved By Joseph K. Schmitt Community Deve!opment & Environmental Services Community Development & Erwiroomental SerYlces Adminstrator Date Community Development & Environmental Services Admin. 7/12/20045:50 PM Approved By Administrative Assistant Date Pat Lehnhard County Manager's Office Office of Management & Budget 7;13/200410:58AM Approved By Budget Analy.t Date Mark Isackson County Manager's Office Office of Management & Budget 7;13120043:00 PM Michael Smykowski Management & Budget Director Dale Approved By County Manager's Office Office of Management & Budget 7115120049:20 AM Approved By James V. Mudd Board of County CommiSSioners County Manager Date County Manager's Office 7/15/20042:53 PM Sandra Lea Date Approved By Community Development & Env1ronmental Services Executive Secretary Community Development & Environmental Services Admin. 7i6!2004 12:08 PM Susan Murray. Alep ZOrllng & Land Dcveioprrwnt Director Date Approved By Community Deve;opment & Eny:rcnm~ntal S~rviccs Zoning & l.md Deve;opment ReView 7:6/2004 12:43 PM A~C'"da 1lt::'1l1 r~u. 88 July 27. 2004 Page 3 of 7 SNR-2003-AR-4982 PROJECT #2003110007 DATE: 11/7/03 DA VE HEDRICH APPLICATION FOR STREET NAME CHANGE DA TE: AGENT'S NAME: B ILL- L, tJ E:A- L- AGENT'S FIRM: '?:>PtYSti-P1Ui:- (l)'5 TV .38.3 9 C LlfJlE-J. UAI!i- . NAPl1..S FL ?Aft JJ , ~ AGENT'S E-'tAIL ADDRESS: P.:>NF-AL 1::2-'13 'L Q IH>L. ClJtr'\ PETITIONER'S NAME: '0 I L... L L. Nf.A L Telephone No. PETITIONER'S ADDRESS: ~ ~? , I fE... :5.PrfY' . b V- fr Fax No. Telephone No. 17~ - /'3p$- Fax No. AGENT'S AI) DRESS: PETITIONER'S E-MAIL ADDRESS: COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS PETITION. (Provide additional sbeets ifnecessary) Name of Homeowner Association: State _ Zip Mailing Address Name of Homcowner Association: Mailing Address State _ Zip Name of Master Association: Mailing Address State _ Zip E-Mail addre.is: FaX#: Name of Civic Association: Mailing Addrl'Ss City State _ Zip E-Mail Addrt'is: Fax #: *Be aware tb:ll Collier County has lobbyist regulations. Guide yourself accordingly and ensure tbat you are in compliance with these regulations. COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION PLANNING SERVICES DEPARTMENT/CURRENT PLANNING 2800 NORTII HORSESHOE DRIVE - NAPLES, FLORIDA 34104 TELEPHONE (941) 403-2300, FAX (941) 643-6968 Agenda Item No. 8G P JWXrf7, 2004 age P'a~e 4 of 7 Application for Slreet Name Change - Rel'Ued April 14, 2003 . .- PROPOSE)) CHANGE: CURRENT N.\ME OF STREET: ~A- Y s ~t<J::.. "'DR \ V C- o PROPOSED~TREETNAME:_~OTIt/V1 ML GItIZr:xE.A1 ~AQ.kLLlAY STREET IN (J UESTION IS: EJ1;ublic, or 0 private Reason for proposed change: 3M5Nofl.,€. ~Ne. t-M-5 A- &4 D (<e - fh/n1- TJ L' ~ I tV ~ (~ 1+ I S WtL>f J :1:':\, 141\- S A- t<. S:. c.r; R.. 'D o,=- j-h+R.. f>c;/?..I;J G-- y f2..L;; $ r IT t.)TfiS) ]:A<. V & l' uS ~, A-tJ D .4 }-iA- Ve,J ~ / FoIL -7tJ11./S';E.,T5 I 1f.+C y(2L)pEt..;,Y O/.,UN6LS fi.4~ SPc}.) r t) vT=12- '*:3 rn J L.W t>,J f::> Y 77+)t I JJ 6.; TJ4CM cst:. LV€:.- <t, T D ~o q- ) F Y -A-,vO (~F=.- ~ JmltGE. oF- ,*~S S~'f'. T~ p.)A-1M:.- C H14N~": IS ;:Yu So 'T OtJE- oF- /l)/I/VY eN DeAll0fU5. ~ p(<..JAJ6- It f?t;<.fl A-- fY)~fiL. P?>S II J V c.. 1/J119&C.. M7) A f.:,6~ tJ ~ f(;H- ~oD J Approximah' length of street: /,3 m I Number of parcels or lots abutting street: Total Numbl.'r of property owners abutting street to be renamed: /1tJ Total Number of property owners signing petition to change street name: 'f&. 77 Percentage (\ r property owners signing petition: Applicant [J does, or III does not, agree to pay cost of street sign replacement for public street. (approx.$lOO.i'Opersign) 171Y1'AY€/l..S IN TIfIS AIl-eA Mile.. PAID THE/A.. c.nJJ,V ~ 1Z' f2.1-fJ71~GtE.., At...- w~ (.J.SU- Of=:" T~ ~l.JJ".JT-Y /'1 ,6gen~N.o1~ y ~f\- . -:T I-4-e S77L"i.z..:r S I~N 5 r T 'V Jl,lIy'?-7 2004 Apphcatioa forSlr<<tN"lmeChaoge-RevuedApril 14,2003 ~I<:- (ou . p.ge'P'~~et5 of 7 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RENAMING BA YSHORE DRNE TO BOTANICAL GARDEN PARKWAY, WHICH STREET IS LOCATED IN SECTIONS II, 14, 23 AND 26, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. WHEf: EAS, the Board of County Commissioners of Collier County, Florida (Board) is authorized r ,rsuant to the authority of Chapter 336.05, Florida Statutes, to name or rename streets and r .ads, except for certain state roads; and WHER EAS, pursuant to Collier County's Code of Laws and Ordinances, Chapter 22, Buildings af:.! Building Regulations, Article X, Numbering cfStructures, Section 22-346, the Board is req, ired to approve requests to rename streets or roads by a majority vote pursuant to Section 22.: :'7; and WHEI< EAS, the Board has been requested to rename Bayshore Drive to Botanical Garden Parkway, and this Street is located in Sections II, 14, 23, and 26, Township 50 South, Range' 25 East, Collier County, Florida, and; WHEI, EAS, there is no other street in Collier County with this name or any similar sounding na;:je; and WHEH EAS, it is necessary for identification purposes to confirm the name of this Street. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSJI lNERS OF COLLIER COUNTY, FLORIDA that: Effect. \ e this date, the name of the street described in the above recitals is changed from Bayshorc D" ve to Botanical Garden Parkway, and is confirmed as such. BE IT . ''URTHER RESOLVED that this Resolution be recorded in the Public Records of Collier Cmty, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and Ilotations made on the referenced Plat. This R ,'solution adopted after motion, second and super majority vote of the Board. Done' lis day of .2004. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN DWIGHT E BROCK, CLERK Approved a' to Form and Legal Sufficiency -~"- ~ "JJl :k~~L;f: ~ Student, Assistant County Attorney SNR-200J.AR-41 !!RGlsp Page I of I Agenda Item No. 8G July 27,2004 Page 6 of 7 \.L. lml { / \. ) "-. ~ .+ ! :: .. ~\.. B ~amrrL;r+l ~L~~ II ~ __ '- ___ iltJ ~ >-:::: I ~ ~,,~ ..__- II lill -. -=.-:- ~ ~ !l.. -~i!i - ~ r-:~:\ lli ~~ ~ ~ n _=.~JJ. _ l~~ -... I "'. ~ ~_ - ..~1l~ .ICD~ Lf1 ..~ -:-=- ~ _::- ~ I : "'t-> '<:".- ~ _~... IU~,..... ))_It- . _. - I;" - .. .,..... '""~~Q J~"ii- ~ , till ~;:- . ~ ~ 0.... ~. ~ 1~1>. ,Ie / . -'.'!HI: ~ ~ "",- .----- ~ I ~ I -. ~ lot: ~BU~: . .' ~~' -. I ~~ ,. ,.." ~~ - ~ "I" ~ ~--' .~ "'.':..;<Lf-~ -""" fi~ ~ '\ ~ ~~ :" ~ -- ~ J - - .. =- ~ - ~ )j- '=-~ ..._~~"~Gq~ e~, ~~) ~.- ( . _ :,,~~.) l~' ~~ .-J~_. ~. <.,. "', ~ ) fl< . , .~ In> 11-' II..... '0 ) \\ w A '"10... ..... I:' .~ IA_ ~~~~.;~ . :II""~U"~:I""~ . 'I' \~ ., .; I~ ~ l' ~~ . ~__ ~~. e ~ ~ 1-'=7 ~~ ' S" ,--h~ V _ - -- ~ = "'JCL'>.. ~ t 8\]8 - . a!~~, _ t'D' 11 r IJ 00 1= ~t::l-:.-rr ~ -- "'C l~ = -- I f{/ -7"" .. 1 __ * ~~'L ~ \J'>>"^"' I'~_ -- = -,<;KU . .' ~ ~1 II ..::;;:-- r SNR-2003-AR 4982 PToject #20031 10007 Agenda Item No. 8G July 27,2004 Page 7 of 7 --- MEMORANDUM DATE: June 14, 2004 CC: Jim Mudd, County Manager ~~rGEROFFa JUN 1 ~ 2004 TO: BomdofCOumyCo~swn~ FROM: Jim Coletta Commissioner, District 5 ACTlON FILE RE: Status Report from the Collier County Citizens Corps I plan to place an item on the Tuesday. July 2fb agenda requesting approval from the Board of Coumy Commissioners for the Chairman to write a letter to the COllier COunty Citizens COrps requesting a status report. I would like to request that the Chairman include in her request the following: . What grants have been successfully applied and in what areas and amounts? - . What progress has occurred in the active area of information receipt and submission to the public? . What specific possible terrorism targets in our County have been identified? . Although the County Health Director has received a grant to develop a database of citizens, what activity has occurred with the funds received other than the hiring of a staff person? . Has any activity occurred in regard to possible funding of an addition to the Immokalee Airport for synergistic purposes of fighting terrorism and assisting the local Immokalee Community? . Has any contact been made with Ave Marie University people about the subject matter that could relate to their entrance into the possible funding of new programs? es . oletta ommissioner, District 5 "..--- JNC:sf Agenda Item No. 9A July 27,2004 Page 1 of 2 Item Number Item Summary Meeting Date Approved By James V. Mudd Board 01 County Commissioners COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9A Discussion regard!ng Status Report from tne Collier County Citizens Corps (Commissioner Coietta request) 712712004900:00.",M County Manager Date County Manager's Office 6124i2004 3:28 PM Agenda Item No. 9A July 27, 2004 Page 2 of 2 ,,~. OBJECTIVE: To appoint 3 members to fulfill the remainder of vacant terms. expiring on June 26, 2005, to the Community Character/Smart Growth Advisory Committee. CONSIDERATIONS: The Smart Growth Advisory Committee has 3 vacancies with. the terms expiring on June 26,2005. This 12 member, plus 1 Commissioner committee was established on June 26, 2001 by Ordinance No. 200141 to assist staff with the implementation of the Community Character Plan through amendments to the Collier County's Growth Management Plan, Land Development Code and other smart growth concepts. The members shall be selected from a broad base of citizens and disciplines including 2 development representative or experts in the iields of architecture. landscape architecture. land use or transportation planning, 2 environmental representatives. 8 community leaders (civic, homeowner associations, presidents and directors with interest or expertise in the fields of architecture, landscape architecture, land use or transportation planning) or citizens. A list of the current membership is included in the backup. On April 13, 2004, the Board of County Commissioners adopted Resolution no. 2004-101 extending the term of membership for one year to expire on June 26, 2005. Mr. Gary A. Davis, Ms. Susan W.M(..'Campbell, and Mr. R. Bruce Anderson did not renew their memberships. A __ press release was issued and resumes were received from the following 3 interested citizens: APPI...ICANT CATF..GORY DlST ELECTOR ~DV. f;OMM. 5 Yes None 2 Yes None 5 Yes Productivity Commiuee COMMITfEE RECOMMENDATION: No recommendation due to no quorum. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA nON: That the Board of County Commissioners consider the requests for appointment, appoint 3 members. and direct the County Attomey to prepare a resolution confirming the appointments. Prepared By: Sue Filson. Executive Manager Board of County Commissioners Agenda Date: JULY 27,2004 .--- Agenda Item No. 98 July 27, 2004 Page 1 oJ 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 98 Item Summary Appointment of members to the Community Character/Smart Growth Advisory Committee. Meeting Date 7/27/20049:00:00 AM Prepared By Sue Filson Executive Manager to the BCC Board of County Commissioners BCC Office Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/812004 12:59 PM ,~;- Agenda Item No. 9B July 27,2004 Page 2 of 19 July 6, 2004 Ms. Sue Filson Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 SUBJECT: Community Character/Smart Growth Advisory Committee Dear Ms. Filson: At the June 30, 2004 Community Character/Smart Growth Advisory Committee meeting, the committee discussed the applications to fill the three current vacancies. Unfortunately, there was NOT a quorum of members to vote on a recommendation of members to the BCC. Therefore, the decision will be based on the Board's discretion. Please place the following applicants on the BCe agenda of July 27th for appointment by the Board. 1. Joseph Boggs - Engineer/Surveyor 2. Kathleen Garren - Banking! AccountinglBudgeting 3. Celia Fellows - Office Management/Accounting Thank you for your assistance in this matter. Sincerely, / ,./} // ~ </;:' ,"----.../ ~v,"_ ~~A..r--.'_../""\ Commissioner Tom Henn(~ Board of County CommisSioners BCC Liaison to CCSGAC TH:mst Agenda Item No. 98 July 27,2004 Page 3 of 19 ~- Smart Growth Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. R. Bruce Anderson .) 597-2814 09111101 06/26103 2 Years 1670 Crayton Road j~\. {'".; 04/13/04 06/26/05 1 Year .e. Naples, FL 34102 ./ E-Mail: District: 4 Category: Development Representative Mr. Robert P. Murray 01/14/03 06/26/03 6mo 9087-1 Michael Circle 417-9915 04/13/04 06/26/05 1 Year Naples, FL 34113 E-Mail: District: 1 Category: Economic Development/Civic Activist Mr. Dwight Oakley 262-0073 05127/03 06/26104 1 Year 340 Carnaby Court 262-0073 04/13/04 06/26/05 Naples, FL 34112 E-Mail: oakleyx2@earthlink.net District: 4 Category: Architect Mr. Bradley Cornell 643-7822 OS/27/03 06/26/04 1 Year 556 109th Avenue, North 592-7805 04/13/04 06/26/05 Naples, FL 34108 E-Mail: millercornell@mindspring.com District: 2 Category: Environmentalist Mr. James I. Lucas 09/11/0] 06/26/03 2 Years 267] Citrus Lake Drive, #20] 591-8850 04/13/04 06/26/05 1 Year Naples, FL 34109 E-Mail: District: 3 Category: Community Leadership WednesdiJy, MaJ']2, 2004 Page 1 of4 Agenda Item No. 98 July 27, 2004 Page 4 of 19 .---- Smart Growth Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Mark B. Morton 403-6725 09/11/01 06/26/03 2 Years 2233 Clipper Way 643-n81 04/13/04 06/26/05 I Year Naples, FL 34104 E-Mail: District: 4 Category: Development Representative Mr. Dwight E. Richardson 01/14/03 06/26/03 6mos 725 10 1 st Avenue, N. 594-5341 04/13/04 06/26/05 I Year Naples, FL 34108 E-Mail: District: 2 Category: Civic Activist Ms. Patricia Pochopin n4-8333 09/11/01 06/26/03 2 Years 4516 Parrot A venue 643-7580 04/13/04 06/26/05 1 Year Naples, FL 34104 E-Mail: District: 3 Category: Community Leadership '\ \ .,M"t 40~222 01/14/03 06/26/03 6mos Mr. Gary A. Davis W' ~.,) 2201 Forrest Lane (et'\ 261-2584 04/13/04 06/26/05 1 Year Naples, FL 34 I 02 E-Mail: District: 4 Category: Environmental Representative Ms. Susan W. McCampbell } 01/14/03 06/26103 6mos 1880 Crestview Way .~';r' 597-5906 04/13/04 06126105 1 Year v't. Naples, FL 34119 -( E-Mail: District: 3 Category: CitizenlUrban Planner Wedn~day, May 12, 2004 Page 2 of4 Agenda Item No. 98 July 27,2004 Page 5 of 19 Smart Growth Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. G. Russell Weyer 596-2733 10/28/03 06/26/04 8 months 707 Orchid Drive 213-0081 04/13/04 06/26/05 Naples, FL 34102 E-Mail: District: 4 Category: Developer Mr. Brent Moore 649-4040 05/11/04 06/26/05 1 Year 900 Hidden Terrace Road 261-5634 Naples, FL 34104 E-Mail: District: 4 Category: Urban Planner Mr. Tom Henning n4-8393 09/11101 06/26/03 2 Years 3301 E. Tamiami Trail 04/13/04 06/26/05 1 Year Naples, FL 34112 E-Mail: District: 3 Category: Commissioner ,..-- WednesdD" May 12,2004 PageJ 0/4 Agenda Item No. 98 July 27,2004 Page 6 of 19 Smart Growth Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 12 member, plus 1 Commissioner committee was established on June 26, 2001 by Ordinance No. 2001-41 to assist staff with the implementation of the Community Character Plan through amendments to the Collier County's Growth Management Plan, land Development Code and other smart growth concepts. The members shall be selected from a broad base of citizens and disciplines including 2 development representative or experts in the fields of architecture, landscape architecture, land use or transportation planning, 2 environmental representatives, 8 community leaders (civic, homeowner associations, presidents and directors with interest or expertise in the fields of architecture. landscape architecture. land use or transportation planning) or cmzens. On 4/13/04 the BCC adopted Resolution No. 2004-101 extending the tenn of membership of the committee for one year to expire on June 26. 2005. .~ FL STAT Staff: Stan litsinger. Comprehensive Planning Manager: 403-2408 ,/-~- Wednesday. May 12. 2004 Page 4 of 4 Agenda Item No. 98 July 27,2004 Page 7 of 19 MEMORANDUM DATE: June 25, 2004 FROM: Elections Office ~ Sue Filson. Executive Manage . Board of County Commissione . TO: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. Ceclia M. Fellows 1131 17th Street, S.W. Naples, FL 34117 r ~ COMMISSION DISTRICT (~) (5) SMART GROWfH ADV COMMITfEE Kathleen M. Garren 9404 Autumn Haze Drive Naples, FL 34109 Thank you for your help. Agenda Item No. 98 July 27, 2004 Page 8 of 19 MEMORANDUM DATE: May 17,2004 TO: FROM: Elections Office Sue Filson. Executive Marmger -----f)f · Board of County COmrrllssionei//f RE: Voter Registration - Advisory Board Appointments 'The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the cormnission district in which each applicant resides. Joseph S. Boggs 2421 23rd Street, S.W. Naples, FL 34117 'MJ.~ COMMISSION DISTRICT ,.,.- I:; SMART GROWTH ADV COMMITIEE Thank you for your help. RECEIVEr: MAY 1 9 2004 " ~f r l^JUf;t1 :.-:)mm1 SS 10tH:," 13M r" 'J v'. - S' ):":J :";T:O /.011..;:: ,'~ .,. '-:0'" SfJ;'i'" " , ". ~ :Ins 68 :011i1 81 J.. VI~ llcaZ Agenda Item No. 98 July 27, 2004 Page 9 of 19 MEMORANDUM DATE: June 25, 2004 FROM: Sam Tucker, Executive Aide to BCC Sue Filson, Executive Manager ~ I Board of County Commissione~~ TO: RE: Smart Growth Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this corrnnittee to submit a resume for consideration. I have attached the resumes received for your review as follows: Kathleen M. Garren 9404 Autumn Haze Drive Naples. FL 34109 Ceclia M. Fellows 1131 17th Street, S. W. Naples, FL 34117 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions. please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Agenda Item No. 98 July 27, 2004 Page 10 of 19 Cn_Bank of NaPles, N.A. . Com.In1mi.f7Ben.tofNapla. , N..A. . , 5160 TamWnJ TnJl N. N~ n, 9t1oa PhQJIe: 23806...1500 PAX: -.84H8,-r email: ~ccus-bank.com Facsimile ~e ht~ @Fax: '( ,-4 - -3~,' To; From: Re. Kathy Garren ~-~~ S Date: Pages; dZ;~~~~~-fu ~ QC(l~~~ ~OQ~ b-i ~. ~hL ~i-QA ~ WV-I~ Q. b--rLN lffl - ~ L~ tjiu~d ~ ku~tJ'?\rK < V\&1, U ~tt Agenda Item No. 98 July 27,2004 Page 11 of 19 r nn '.1 '0 IJ V"\{J ~UEQ A1tun~ W.1 ~n:7r ~nn7-G7-Unr_I~" Board of County Commissioners 3301 E2st TamiaDli Tnil Naples, FL 34112 (139) 774-8097 Fax: (139) 774-3601 Appncat1~n for Advisory CommitteeslBoards Name: Homo Phone: ~- ~3-"~"2- Home Addren. ZJp Code: ~ I Cf=1 . F~ No~ttSineSl Ph01l.:~ e-maB addns.:1gJ.rfP()@C'YCt'SS- _~"~~lni~ ~ 1:xIn/<,.~ BoardOrC~~eeAP~f~Yti l~ ~r("\f"<"l Category (ifappli~ble):(?) ~ lSnc:--~ Q~cct~- Example: CDrnad~ Dbtric:t, P..aGp'" 1lII9in_-blW,I.,. p_,., .. An: you a registered YOter in Collier County: Yet Do YO'll C'QJTeotly hold pabUi; office? Yes If.o, what II that office? Do 11). 110W ..'.."e, 0.. Itave YOII ev~ Ie.-ved, 011 . Collier COt.l1lty bollJ'd or ccmuaittee? Yea If yes, please llat Ute commlttealboard': v No No v No V ~ --='~- ~G.lO-E=:f""'1~~ . ~)~'. ::c LVI \\ ~ ~>t DF -tn...L:)Y-\ lPl::2io- ~_ ,- PI_ td!IIdr ~ IIiItIltl_1 i~oIlYf1ll./Rl pttrlimmt. 1'1n. .",Ibt/"" mtnlhl6_~nflli,. S- ~ JJ:t#tfII.. M.,.....", tIJ. BOtIr4 tt,fc-"o> c-",;.,....",., 3JI1 &1# T__1fII nwn, Nitplu, FL 14111. UJ'fI'I ~ "-,fct~ lIIJI(~ ~ ~~ _II ",_(/fL......"""-"-"d. ThtIUPfJf6/t1r ..~",,,,H,.,.tlN ci,*-ofCdJ., c.-",. ~CIIU July 27, 2004 . Page 12 of 19 7nn '.1 'o~ V'r/J ~pa A1IUnww~ WJ ~n:7T ;nn7_G7_unr_T~J . Kathleen M. Garren Smart Growth Advisory Committee Overview of Experience As a resident of Collier County and a long time member of the CBlA, I see the community evolving on a daily basis. I use the term evolving in lieu of change. Change can be viewed in an adverse way. In order to grow, to improve our community we must create a long term plan and put it to action and allow it to "evolve" over time. I have been a residentiallcnder fOf 11 years in Collier County. Spending 1993 - 2002 as a Vice President of CD( Mo~gage Company. A company providing lending option for homeowners from Lee County to Marco Island. During this time, I have helped many people in this county - people who can buy as many homes as they want to those citizCIl3 who have worked a lifetime to finally afford their first home. These last two years, I have been a Residential Lender with Community Bank, recently promoted to Vice President. Again, I devote my time to helping people with their lending needs. My background and experience is much more than lending - it covers a.ctounting and budgeting for 5 offices' and 55 million dollars in production; human resources - hiring and training of staff; client relations; marketing and promotion plus many others. Kindly refer to my attached resume. r apologize but it does not reflect my current position at Community Bank of Naples. I joined the Collier Building Industry Association ~ the mid 90's. Watching this community "change" I wan~ed to be abl~ to have a better understanding of what was affecting our homes, our roadways) oUr schools and so forth. I soon came to realize that it was not change but simply the process of growth and evolution. Factors vCry important to the succc:ss of our community. I bring to the CBlA the experience of a lenders point of view. Sure, we all want to see housing grow and values increase, but we all must understand that the homes need to be affordable for all citizens to live atid work in Collier County. I believe our Community has unlimited potential fur growth. The growth must be managed well and be environmentally sound to the area as well. Yau will find I am a very dedicated and responsible individual. I would be my pleasure to work the Smart Growth Advisory Committee and provide any recommen!iations needed for your co113ideration. Agenda Item No. 98 July 27,2004 Page 13 of 19 ....1__ r...... '''''''....1-.- _.. 1"'\1"'1. r-p T '1"'\1"\"" ,.....,. .9A'" .. "... , KaJhIetm. M. Garrell "9404 Autumn HflZ~ Drive NaplesJ FL 34109 (941) 59J .. 3-/62 OBJECTIVE: To secure a career with an established eompany offering upward mobility and challenging responsibilities while enabling me the opportunity to utilize my skills in mortgage banking arid customer relations. PR01i'ESSIONAL HIS7YJRY... CIXMORTGAGE COMP~ Naples, FL Divisioa Vice President Angust 1993 to Present - Responsible for all aspects of efficiently operating a $55 Million+ branch. Promoted from processor to Asst Branch Manager to current position in 9 months. Areas of accountability: * Establishing a budget for both the Naples Builder Branch and three.Retail Branches consisting of the above noted volume. .. Manage a staff of processors. loan officers and operations manager, .. Provide and counsel all Ccntex Homes Sales Associates in the logistics of mortgage banking. ,.. Participation in weekly status report meetings with CentexHomes' Management and Sales Staff in efforts to keep all parties informed of customer's ongoing loan process. . . * Extensiye knowledge and complete preparation ofFNMA Project Approvals and submission for 1028 approval. .. Originate entire loan portfolio for Centex Homes client's.. $19.5 Million '99. .. Consulting with prospective homeowners to advise them of their financing options. · Underwrite loans meeting FNMA Guidelines . COl\fNET MORTGAGE SERVICES Ma1v~ P A .Mortgage Loan Proussor, May 1993 to July 1993 - Responsible for daily maintenance ofloans in process and apt)roved while providing continual assurance that the loan meets program requirements for which it is designated. Processing of conventional. V A and FHA loans. Areas of Accountability: ... Responsible for ensuring loans are in compliance with aU regulations and . Underwriting Guidelines set forth by FNMA, FHLMC and various outside. investors. ... Analyzing Federal Tax Returns for borrowers involved in corporations, partnerships and those self-employed. * Conununication daily with secondary marketing for pricing and rates. * Communication with Realtors, mortgage insurance companies, appraiserS. credit companies and L.O.'~ to keep them apprised on daily status ofloan:1Ues. · Preparation of daily status reports. Agenda Item No. 98 July 27,2004 Page 14 of 19 l.nn '1 'n~' V "II J 'JlI1'P<J ,{'lfltnllIIlIO"l till en'7l ;,ntl7_r.7_HI'\r_T\lJ Quality Control Auditor/Processor January 1992 to May 1993 - Auditing of mortgage loans sold on the secondary market to ensure compliance with investor and Federal regulations. Areas of accountability: * Pl"eparation and reporting of monthly Quality Control Reports and graphic documentation for review by Senior Management. · Provide a thorough review of the quality of property appraisals) PtQcessing and underwriting decisions on each loan as required by investor guidelines. · Compilation and reporting of data obtained through a Customer Satisfaction Survey conducted by Quality Control. 111 Provide technical support on preparation ofTruth-in-Lending sOftware and regulatory issues to 10 ComNet branch Offices. · Perfonn annual Branch Audits to ensure the compliance ofhoth state and federal regulations. THE BIG two RESORTS Blakeslee, P A Manager. Rental Operations May 1987 to November 1991 - Earned promotion from Reservations Supervisor. Primary focus was on customer service and establishing a positive rapport with clients. Areas of accountability: * Overseeing aU aspects of the condominium rentals at both Big Boulder Lake and Jack Frost Mountain Ski Resorts. * Managing Maintenance, Security, Reservationists and Housekeeping personnel in a 400 home conununity. * Encouraging homeowners toward rental options to generate additional facility income which included the preparation of pro tit and loss statements for each home. .. Interfacing dally with 'group sales for upcoming corporate events. · Handling aU customer concerns and successfully establishing excellent client rapport resulting in increased revenue through repeat business. * Establish and meet annual budget goals for rental communities. EDUCATION: University of Del aware Newar~ Delaware Business Management Major AFF1L1A.TlON8: 2nd Year Director for the Collier Building Industry Association; 2nd Year Chainnan of the Ambassadors Club for the Collier Building Industry Association; Mortgage Bankers.-Association and The Naples Board of Realtors. Agenda Item No. 98 July 27.2004 Page 15 of 19 (",,:-In' , .^~, "u r ".Jt ,.......,.,. ,r" 'I I nil..""" TlT' /"\ f . 7 T :""("\7 ("'", .Tn tI ,,, T . Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 . (239) 774-8097 Fax; (239) 774-3602 .;.:.y~~~~i""':~:~ Application for Advisory Committees/Boards Name: Cella M. Fellows Home Phoae: _239-304-2118_ Home Address:_1l3117tJa Street SW, Naple~ FL Zip Code:_34117 Fax No._239-S94-202S_ Busiaess Phoae:_239-594-2021_e-mail address: _ cf@liamistoaalldmoore.com Basiness:_Humiston & Moore Engineers Board or Committee Applied for:_Smart Growth Advisory Committee Category (ifapplicable):_Citizen Euaple: C018l11iS1in District. Developer, ellYinla_atalilt, lay pe..... ek. Are you a registered voter in Collier County: Yes_I:. No Do you currently Ilold public office? Yes NO_I Use, wtaat is tbat office'! Do yea _ serve, or have )'W ever served, _ a CoUicr COII_ty board or COIIUIIittee'! Yell _x_ No If yes.. please list tbe cOllllllitteeslbrds: Curre1lt member or Coller COIIDty Productivity Committee_ Please list your community activities (civic clubs, neq:hborhood assoeiatio~ etc. and positions held:_ Carrent member: Board of Diredors Stralld Professioaal Park Association Active member: Golden Gate Estates Civic Assoc:iatiOD Adive Participaat: PencilPals literacy Program Educatioa: US Legal Studies Experience:_ WorkiJIg for a coastal eqiaeeriDg finD iD Naples, the Land Development Code .ad the Growth Managemeat Plan plays an important role. More importaD.t; personally, tile proteetioa of Collier Conaty's natnral resoarces, is of great importaace. Additionally, I will be applyiag to NOVA University For the 2005 school year, to punae a law degree specializiDg ia Laad Use Law. My interest ID. this area of law aDd my desire to coatinae my iDvolvemeat witllla my comm_1ty makes me an excelleD.t candidate for the Smart Growth Advisory Committee. Thank yo. for yoar consideratio.. I look forward to worldq witll the committee. Please tUtilClt tuq IUldillo"iU l"lormlltlo" lfH1/~d pertbr~IIL TIIb IIpplicaUJlI sIuHIU be ID",t11U4 ,. s.~ FIbM. E:uaItJN MIUI.,u ,. tlI~ BtlDd ttf CIJIIIIq Ctt_lRiDlfen. 33" EGI T~l T,.u. NIIp/G, FL 3411 ~ 111Mlllislt, pie_flU 1"'" IIppIlctJtIM ,. (V'J 174-36lJl'Ir _tUl Itt suefih~tt.,.,,-. 17uIM ~/'" ....Jltr oW," - duI aar- t/fCill&r c-.ry. Agenda Item No. 98 July 27,2004 Page 16 of 19 MEMORANDUM DATE: May 17, 2004 TO: Sam Tucker, Executive Aide to:U~ Sue Filson. Executive Manager0-:f L- Board of County Commissioners ' FROM: RE: Smart Growth Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this connnittee to submit a resume for consideration. I have attached the resumes received for your review as follows: Joseph S. Boggs 2421 23rd Street, S. W. Naples. FL 34117 Please let me know. in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame. and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Agenda Item No. 98 July 27,2004 Page 17 of 19 filson_s From: AdvisoryBoards Sent: Wednesday, May 05, 2004 3:39 PM To: filson_s Cc: RegulaJason Subject: New On-Ine Advisory Board Application SublTitted. c01fi~ Co-KHty --"".........-,~ ~....-........,-- .,.......... Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774--3602 Fax: (239) 774-3602 ~t]i' <<....' ~" , .' . . .i .~... f", ~ .... May 05, 2004 Application for Advisory Committees I Boards Name: Joseph S. Boggs Home Phone: 239-455-4473 Home Address: 2421 Z3rd Street S.W. city: Naples ZIp Code: 341 t 7 Fax Number: 239-947-1323 Business Phone: 239-947-<<ZfS6 Emal Address: jboggsaulVQaol.com Board I CornnWttee Apptled tor: Smart Growth AdViaory Committee Categofy: (d llfJp/icable) Citizen, civic leader Are you a regi...... voter in Colier County? Yes Do you currently hold public oftlce? No Do you now serw. or have you served on a Collier County board or Yes c:ornmittee? It yes, please list the bcMrdsl conllnMhes; RU"a1 Lands Assessment Committ8e Please list YO" conmunity activities: Pelican Bay Rotary Club-President 2002-2003, Tl'8lllUrer 2000-2001, Secretary 1999- 2000 Rotary DIatrtct 6960 MatchIng Grants Commiltee-Chairman 2001-2002 Colller- Lee Chap\l!lr of FSMS-PnllIident 1981-1983 Florida Surveyk1g & MlIpplng SociIIty- President 1990-1991, TrealUrer 1988-1989 Appointed by then Florida Governor LlIWlon Chiles to Board of Surveying and Mapping Ad Hoc Committee far lcemling of Photogrammebisls-1992 Naples Mi:l-Day Optimist CIub-PnIsident 1984-1985 5/5/2004 Education: Naples High School-19711CS S\.n'eying & Mapping Course Kent state-counseWOft( University of FIorida-various seminars Agenda Item No. 98 July 27,2004 Page 18 of 19 Experience' Badcgrouncl: I am a 35 year resident of Collier County. I have been in the engineering and surveying business in Collier County since 1972 I am an approved instructor by the Board of Surveyors and Mappers to teach seminars on Florida Law pertaining to the Sl.IVeying professlon. I was licensed to prac.tice surveying and mapping In 1980. My prote88lorwt resume lndudes private and public sector wort( throughout the slate as welt 88 expert witness testimony for various court cases. I also do volunteer work with an cxganization that does engineering and maslerplanning for various groups in third world COl.rltrles. 5/512004 Agenda Item No. 98 July 27, 2004 Pa,ge 19 of 19 ~ _. " Plantation Island Briefing Paper July 12, 2004 Purpose The purpose of this briefing paper is to (1) summarize land development restrictions in Plantation Island (See Location Maps) resulting from the imposition of the state- mandated Big Cypress Area of Critical State Concern (ACSC) requirements, and (2) offer a series of options that the County could consider in addressing the problems that have resulted from these restrictions. Staff will need. BCC direction to begin implementing any of the identified options. Problem Statement In the early 1980's, the State required Collier County to incorporate the ACSC requirements into its Growth Management Plan and Land Development Code. (See Attachment 1 for more details on the legislative history.) One of the ACSC regulations of the Big Cypress Area of Critical State Concern states: "no mangrove trees or salt marsh grasses shall be destroyed or otherwise altered IJ .-. There are various lots within the Plantation Island subdivision that are completely comprised by this type of vegetation. The regulations do not provide any ability for the County to apply any discretion to apply this restriction to building pennit applications. Thus the application of this particular restriction will not allow the alteration of a lot which is completely covered with this vegetation. (Note that Code Enforcement has two open cases which are summarized. in Attachment 2.) Staffhas received applications for building permits on certain lots but could not find any criteria for which to approve the applications. Because of this situation staff contacted the Department of Community Affairs (DCA), Florida Department of Environmental Protection (FDEP) and others to detennine if the County could allow some degree of alteration and, ifnot, what options could be pursued to allow the County to issue building pennits in this area Optional Counes of Actions The result of these discussions has led staff to conclude that other courses of action must be pursued. in order for the County to address this situation. Options to consider include: 1. Have Plantation Island removed from the Big Cypress ACSC; 2. Amend GMP and LDR's for variance program; 3. Purchase property. ,............. Option 1. Have Plantation Island Removed from the Big Cypress ACSC This option will require the State to take legislative action in order to modify the boundaries of the Big Cypress ACSC. The County would then amend its GMP and LDC Agenda Item No. 9C July 27,2004 Page 1 of 6 Plantation Island Briefing Paper July J 2, 2004 to reflect this action by the state. In implementing this action, staff recommends that the County adopt certain restrictions that would allow for least amount of building on the existing lots on order to minimize the impacts to mangrove and other marine habitat but still allow some utilization of the lots. This Option is preferable to Option 2 in that a variance procedure by the County would not have to be developed. Option 2. Amend the GMP and LDC for a Variance Program For this option, the County will draft a variance procedure to establish criteria that could be used to allow a minimal amount of marine habitat to be altered within the ACSC. Staff recommends that these criteria be narrowly construed in order to limit the application of the variance to situations that will be limited in geographical scope in order to minimize the application of variances within the ACSC. The state will be more likely to approve such a procedure if it is very limited in geographical application within the ACSC. The variance procedure would be proposed as an amendment to the GMP. The amendment would require supporting data and analysis and would be processed through the regular amendment process. Option 3. Purchase Property State officials indicated that a Florida Communities Trust Grant could offset County purchase cost of the lots. Florida Communities Trust (FCT) is a state land acquisition grant program housed at the Florida Department of Community Affairs. FCT provides funding to local governments and eligible non-profit environmental organizations for acquisition of community-based parks, open space and greenways that further outdoor recreation and natural resource protection needs identified in local government comprehensive plans. Matching and full grants for land acquisition projects are provided to communities through an annual competitive application cycle. Approximately $66 million is available to eligible applicants each year and applicants are eligible for up to 6.6 million or 10 percent of this amount. The next application deadline is June 2005. The Property Appraiser's website shows approximately 25 lots that have assessed values of between $2,000 to $4,000 and from aerials may have significant mangrove vegetation. At an average of $3,000 per lot, these lots would represent $75,000 in assessed values. Other undeveloped lots range up to $18,000+ in assessed value. An exact count has not been conducted but a preliminary estimate is that all undeveloped lots could represent $175,000 to $200,000+/- in assessed value. ",..... Page 2 of5 Agenda Item No. 9C July 27,2004 Page 2 of 6 Plantation Island Briefing Paper July 12, 2004 LocatioD Maps Plantation Island ~ ,. JA INE T I , - Everglades City I \ I , I , I I 1_. d ~------~~~9~~__________ :'':'~:-~:-''.=~~:t~:.,......, 0:0....-..... ::,~...... , 0.1 , 0.2 o.'~ M.I . t::~ '."-... Page 3 of5 em No. 9C July 27, 2004 Page 3 of 6 Plantation Island Briefing Paper July 12, 2004 Attachment 1. Legislative History of the Area of Critical State Concern Program In 1973 the Area of Critical State Concern (ACSC) program was instituted. The program is regulated by section 380.05, Florida Statutes. Subsequently, the Big Cypress Area of Critical State concern. was established, also by Statute (Section 380.055, Florida Statutes). The Department of Community Affairs (DCA) is the agency charged with the oversight for this program.. As such, the agency promulgated rules regulating the Big Cypress ACSC. See rules 28-25 Florida Administration Code. Pursuant to Sections 380.055(5) and (6), Florida Statutes these regulations are required to be included in the County's comprehensive plan and implementing land development regulations. This was accomplished sometime in the early 1980s and was carried forward in the existing Growth Management Plan (Ordinance #89-05, as amended) and the Land Development Code (Ordinance #91-102, as amended). The DCA regulations and the LDC, among other things, prohibit the alteration or destruction of mangroves and limit the amount of clearing that can be done on any given lot or parcel of land within the Big Cypress ACSC. Additionally, the regulations, specifically Rule 28-25.011, allows the operation of local goverrunent variances in the ACSC provided that there is no minimwn adverse impact on the area's water storage capacity, surface water and estuarine fisheries. Such a variance provision would have to be included in the Growth Management Plan and land development regulatio~. Page 4 of 5 Agenda Item No. 9C July 27, 2004 Page 4 of 6 Plantation Is/and Briefing Paper July /2. 2004 Attachment 2. Summary of Code Enforcement Cases Summary of Case #2003120743 at 57 Coon Court (Lot 57 of the Unrecorded Plat of Plantation Island Unit 3 Mobile Home Sites) On Dect::mber 16, 2003 an investigator observed the lot had been recently cleared and filled. Research revealed that the one and only permit obtained by the owners Robert and Trudy Taylor was a Florida Department of Environmental Protection Submerged Lands and Environmental Resource Program Permit (#11-0205426). This permit was issued on August 28,2003, to impact 5,400 square feet of wetlands in conjunction with the construction of a single family residence and to construct an exempt 240 square foot marginal dock with a 4 foot wide by 70 foot long elevated access boardwalk. The permit did state, "You are hereby advised that authorizations also may be required by other federal, state and local entities. This authorization does not relieve you from the requirements to obtain all other required permits and authorizations." The owners obtained absolutely no County permits before clearing and filling the wetland lot. According to Environmental Services staff this lot is not buildable and no permits would be issued to build on this lot. Therefore, Investigator Swnmer Brown met with owners Mr. and Mrs. Taylor on December 18, 2003, and issued a Notice of Violation ordering them to submit a mitigation plan and restore the lot. The owners applied for a Mobile Home Placement permit on January 2, 2004, and that permit has been on hold since then because of the Area of Critical State Concern/Special Treatment zoning. On January 27, 2004, the Investigator was notified by Bill Lorenz, Director of Environmental Services, that an RLS would be submitted to the County's Attorney's office to determine whether this site is buildable. The case has been "on hold" and the regulations for this property are currently under discussion by the County Attorney and Florida Department of Comrmmity Affairs. Sumrruuy of Case # 2004040316 at 89 Hawk; On 4/22/04, an investigator responded to a complaint on 89 Hawk in Plantation. On site was observed approximately four dump truck loads of lime rock fill. Vegetation had been cleared and mangroves had been impacted. A Stop Work order was placed on site and DEP was notified. This site was already previously filled in the past, possibly when the adjacent canal was dug. It was found that the owner had been issued an Exotic Vegetation Removal Permit for that lot and his brother had received an EVRP for two adjacent lots on Hawk. The surro\U1ding areas were heavily infested with exotics so it was possible that exotics were the main type of vegetation removed. The property owner called and stated that he intended to put a mobile home on the lot and that he had just started work earty because he got a good deal on fill. The owner was issued a Notice of Violation and was ordered to remove the fill from the lot because he hadn't even submitted for a mobile home pennit yet. He stated that he would submit for a permit and actually purchased a home and supplied me with the proof. It was explained to him that the lot may be deemed not buildable and that any pennits may be denied. He said he has been told different and wanted to at least try. In agreeing that removing the fill may do more damage to the site, he was given an extension to allow him a chance to get the pennit. The permit is now pending due to the uncertainty of the situation. ..-.... Page 5 of 5 Agenda Item No. 9C July 27,2004 Page 5 of 6 Item Number Item Summary Meeting Date Approved By James V. Mudd Board of County Commissioners COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9C Discussion regarding land development restrictions in Plantation Island. (Commissioner Coletta's request.) 7/27/20049:00:00 AM County Manager Date County Manager's Office 7/14/20045:39 PM Agenda Item No. 9C July 27, 2004 Page 6 of 6 EXECUTIVE SUMMARY Recommendation that the Board adopt the proposed FY 2005 Millage Rates OBJECTIVE: To adopt the proposed millage rates as the maximum property tax rates to be levied in FY 2005. CONSIDERA nONS: The tax rates hereby adopted must be provided to the Property Appraiser by August 4, 2004 for use in preparing the Notice of Proposed Taxes. Each Collier County property owner will receive this notice, which must be mailed by August 24 under Florida Truth in Millage (TRIM) law. During the September public hearings the Board may maintain or lower millage tates in each taxing unit at the level of the proposed millage rates. The millage rates may not be raised subsequent to this adoption, without meeting additional public notice and advertising requirements. The proposed millage rates and associated tax dollars are included as attachments entitled '"Property Tax Rates - FY 05 Proposed" and HProperty Tax Dollars - FY 05 Proposed". · The proposed General Fund (001) millage rate of 3.8772 is equivalent to $387.72 per $100,000 of taxable value and is the same General Fund millage rate as that levied in FY 04. -. · Thc.proposed Unincorporated Area General Fund (Ill) mma~ rate of 0.8069 is equivalentt9 $80.69 per $100,000 of taxable value and is the same millage rate as levied in FY 04. Public hearings on tbe FY 2005 Collier County budget will be held on Thursday, September 9, 2004 and Thursday, September 23, 2004 at 5:05 p.m. in the third floor boardroom in the W. Harmon Turner building at the County Government Center Complex. GROwm MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL I1.\'IPACT: The proposed General Fund (001) millage rate of 3.8772 is budgeted to generate $199,356,500 in ad valorem tax revenue in FY 05. The proposed Unincorporated Area General Fund (111) millage rate of 0.8069 is budgeted to generate $25,842.600 in ad valorem tax revenue in FY 05. The total proposed tax levy. inclusive of all special taxing districts. is budgeted to generate $246,541.600 in ad valorem tax revenue in FY 05. - Agenda Item No. 10A July 27,2004 Page 1 of 7 The General Fund budget for FY 05 is balanced and "millage neutral". During the June budget workshops, the Board expressed conccrn about achieving the millage ncutral target in FY 05. while at the same time exacerbating budget problems in FY 06. Staff has updated the General Fund budget model with the FY 05 proposed budget as the base year tlgurcs and also assumed that the downward trend in growth in taxable value will continue. (See graph below). 22.50% 20.00% 17.50% 15.00% 12.50% 10.00% 7.50% 5.000/0 2.50% 0.00% Historical and Assumed Increases In Collier County Taxable Value (FY 94 . FY 07) FY FY FY FY FY FY FY FY FY FY FY FY FY FY 94 95 96 97 98 99 00 01 02 03 04 05 06 07 The General Fund budget model projects millage rates in FY 06 and FY 07 as depicted in the graph below. Millage ,.,,~ General Fund Millage History 4.7 _..__._...__...._......._..._.EY....~~EY.9'l....{Ypgm~.Pn,lj~tiQn}....--.-.....---...-......---1 4.5 , 4.3 4.1 3.9 3.7241 3.6813 3.7 3.4889 3.5510 3.5 3.3 3.1 2.9 2.7 2.5 ~ ~ 00 ~ 00 ~ ~ ro ~ ~ ~ m Fiscal Year RECOMMENDATION: That the Board of County Commissioners: 1. Adopt by Resolution the proposed property tax rates for fiscal year 2005 as detailed in the attachments. Agenda Item No. 10A July 27,2004 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 10A Item Summary Meeting Date Recommendation that the Board adopt the proposed FY 2005 Millage Rates 7/27/20049:00:00 AM Prepared By Michael Smykowski Management & Budget Director County Manager's Office Office of Management & Budget Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/20/20043:23 PM Approved By Michael Smykowski Management & Budget Director Date ,"-" County Manager's Office Office of Management & Budget 7/20/20043:52 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/20/20045:06 PM Agenda Item NO.1 OA July 27, 2004 Page 4 of 7 Attachment A Collier County, Florida Property Tax Rates FY05 Proposed Prior Year Rolled Back Adopted Millage Millage Millage 0/0 Fund Title Fund No. Rate Rate Rate Change General Fund 001 3.8772 3.5899 3.8772 8.0% Water PolluUon Control 114 0.0347 0.0321 0.0347 8.1% 3.9119 3.6220 3.9119 8.0% Unincorporated Area General Fund III 0.8069 0.7458 0.8069 8.2% Golden Gate Community Center 130 0.2596 0.2370 0.2357 -0.5% Naples Park Drainage 139 0.0062 0.0054 0.0090 66.7% Pine Ridge Industrial Park 140 0.0562 0.0551 0.1028 86.6% Victoria Park Drainage 134 0.1970 0.1796 0.5179 188.40/. Naples Underground FPL 135 0.0000 0.0000 0.0839 #N/A Golden Gate Parkway Beautification 136 0.5000 0.464 5 0.5000 7.6% Naples Production Park t41 0.0129 0.0122 0.0340 178.70/. Vanderbilt Beach MSTU 143 0.5000 0.4524 0.5000 10.5% Isle of Capri Fire 144 1.5000 1.3561 1.5000 10.6% Ochopee Fire Control 146 4.0000 3.7360 4.0000 7.1% Collier County Fire 148 2.0000 2.0024 2.0000 -0.10/. GoodlandIHorr's Island Fire MSTU 149 0.5614 0.5167 0.4746 -8.10/. Radio Road Beautification 150 0.5000 0.4671 0.2500 -46.50/. Sabal Palm Road MSTU 151 0.0000 0.0000 2.1584 #N/A Lely Golf Estates Beautification 152 2.0000 1.8397 2.0000 8.7~. Hawksridge Stonnwater Pumping MSTU 154 0.0309 0.0294 0.2882 880.30/. Forest Lakes Roadway & Drainage MSTU 155 3.0000 2.6834 3.0000 11.8o/c Immokalee Beautification MSTU 156 1.0000 0.9879 l. 0000 1.2% Bayshore Avalon Beautification 160 2.0000 1_8322 1.7500 -4.5o/c Livingston Road Phase n MSTU 161 0.2652 0.2532 0.0000 -100.0o/c Conservation Collier 172 0.2500 0.2315 0.2500 8.00/. Parks GOB Debt Service 206 0.0000 0.0000 0.0000 #N/A Isles of Capri Municipal Rescue 244 0.0000 0.0000 0.0000 #N/A Collier County Lighting 760 0.1464 0.1412 0.1250 -11.5o/c Naples Production Park Street Lighting 770 0.0000 0.0000 0.0000 #N/A Pelican Bay MSTBU 778 0.1337 0.1267 0.1433 13. 1 o/c Aggregate Millage Rate 4.7998 4.4441 4.7949 7.898/. Agenda Item No. 10A July 27,2004 Page 5 of 7 _. Attachment A Collier County, Florida Property Tax Dollars FY05 Proposed Prior Year Rolled Back Adopted Fund Tax Tax Tax 0/0 Fund Title No. Dollars Dollars Dollars Change General Fund 001 178,295,862 184,584,173 199,356,500 8.0% Water Pollution Control 114 1,595,705 1,650,506 1,784,200 8.1% 179,891,567 186,234,680 201,140,700 8.0% Unincorporated Area General Fund III 22,885,810 23,885,784 25,842,600 8.2% Golden Gate Community Center 130 356,083 371,985 369,900 -0.6% Pine Ridge Industrial Park 140 23,879 23,899 44,600 86.6% Victoria Park Drainage 134 4,801 4,820 13,900 188.4% Naples Underground FPL 135 0 0 63,500 #N/A Golden Gate Parkway Beautification 136 326,443 331,120 356,400 7.6% Naples Park Drainage 139 5,080 5,117 8,500 66.1% Naples Production Park 141 4,537 4,586 12,800 179.1% Vanderbilt Beach MSTU 143 610,305 648,240 716,400 10.5% Isle of Capri Fire 144 561,040 602,123 666,000 10.6% Ochopee Fire Control 146 949,339 980,211 1,049,500 7.1% Collier County Fire 148 343,579 347,848 347,400 -0.1% GoodlandIHorr's Island Fire 149 60,169 65,539 60,200 -8.1% Radio Road Beautification 150 441,274 452,998 242,500 -46.5% Sabal Palm Road MSTU 151 0 0 35,900 N/A Lely Golf Estatcs Beautification 152 189,276 189,650 206,200 8.7% Hawksridge Stormwater Pumping MSTU 154 1,601 1,602 15,700 880.2% Forest Lakes Roadway & Drainage MSTU 155 393,205 393,342 439,800 11.8% Immokalee Beautification MSTU 156 295,139 302,544 306,200 1.2% Bayshore Avalon Beautification 160 603,737 612,242 584,800 -4.5% Livingston Road Phase II MSTU 161 127,999 132,154 0 -100.0% Conservation Collier 172 11,496,432 11,903,183 12,854,400 8.0% Parks GOB Debt Service 206 0 0 0 #N/A Collier County Lighting 760 578,713 585,205 518,100 -11.5% Naples Prod. Park St. Lighting 770 0 0 0 #N/A Pelican Bay MSTBU 778 571,129 571,001 645,600 13.1% Total Taxes Levied 220,721,136 228,649,872 246,541,600 Aggregate Taxes 220,721,136 228,649,872 246,541,600 Agenda Item No. 10A July 27, 2004 Page 6 of 7 BOARD OF COUNTY COMMISSIONERS COUlER COUNTY, FLORIDA By: RESOLUTION NO. 2004 - A RESOLUTION APPROVING THE COUNTY'S PROPOSED .MlLLAGE RATES AND REAFFIRMING THE PUBLIC HEARING DATES FOR ADOPTION OF THE 2004105 AMENDED TENTATIVE BUDGETS AND 20M/OS FINAL MILLAGE RATES AND BUDGETS. WHEREAS, Section 200.065, Florida Statutes, provides the procedure for fixing the milJage rates; and WHEREAS, Section 129.03, Florida Statutes, sets forth the procedure for preparation and adoption of the budget; and WHEREAS, the Board of County Commissioners has received and examined the tentative budgets for each of the County's funds including all estimated receipts, taxes to be levied and balances ex.pected to be brought forward and all estimated expenditures, reserves and balances to be carried over at the end of the year; and WHEREAS, Section 200.065, Florida Statutes, provides that the Board of County Commissioners shall hold public hearings to adopt the tentative budgets. NOW, THEREFORE, BE IT RESOL \lED BY THE BOARD OF COUNTY COMMISSIONERS OF COlLIER COUNTY, FLORIDA, that: 1. Th:: proposed millage rates as set forth in the attached Exhibit "An and incorporated herein are hereby approved as the County's proposed millage rates pursuant to Section 129.03 and 200.065, Florida Statutes. 2. The public hearings to adopt the 2004/05 amended tentative budgets and 2004105 final ATIEST: DWIGlIT E. BROCK, Clerk By: Deputy Clerk Donna Fiala, Chairman millage rates and budgets, respectively, pursuant to Section 200.065, Florida Statutes, will be held by the Board of County Commissioners on September 9, 2004 at 5:05 p.m. at the Collier County Government Center, W. Harmon Turner Building, Third Floor Board Room, 3301 East Tamiami Trall, Naples, Florida and on September 23, 2004 at 5:05 p.m. at the Collier County Government Center, W. Harmon Turner Building, Third Floor Board Room, 3301 East Tamiami Trail, Naples, Florida. This Resolution adopted this 27th day of July, 2004 after motion, second and majority vote favoring same. Agenda Item No;.1 OA July 27, 2004 Page 70f 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 108 Item Summary It is recommended this item be continued to the September 14. 2004 8Ce Meeting. Recommendation to review a proposal from Southwest Heritage Inc., to lease the Naples Depot as a branch facility of the Collier County Museum. (Marla Ramsey, Interim Administrator, Public Services) Meeting Date 7/27/2004 9:00:00 AM Prepared By Ron Jamro Museum Director 7/8/20044:16:34 PM Public Services Museum Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 7/121200412:02 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/13/200411:19 AM Approved By Gary A. Vincent Management & Budget Analyst Date - County Manager's Office Office of Management & Budget 7/13/20042:43 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 7/15/20043:46 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 7116120045:39 PM Commissioners Approved By Ron Jamro Museum Director Date Public Services Museum 7/8120044:42 PM Approved By Kathy McLarty-Carpenter Executive Secretary Dale Public Services Public Services Admin. 7/8/20044:53 PM - Agenda Item NO.1 08 July 27,2004 Page 1 of 1 Executive Summary Recommendation to approve the Collier Metropolitan Planning Organization's (MFO) Operating Budget for FY 2004/05 OBJECTIVE: To obtain BCC approval of the Collier MPO's operating budget for FY 2004/05, which begins on July 1, 2004. CONSIDERATIONS: In FY 2004/05, the Collier MPO is expected to receive $439,745 in new Federal and local funding to conduct transportation planning activities that must meet Federal/State requirements for urbanized areas with more than 200,000 residents. These activities and funding sources are included in the FY 2004/05 Unified Planning Work Program (UPWP) that was approved by the MPO Board on May 14, 2004. Funding Source tables from the UPWP are included as Attachment A. Although the UPWP shows that over $1.3 million is available to fund the MPO's planning efforts in FY 2004/05. the MPO has not yet been authorized to spend aU of the available Federal PL grant funding due to cash-l1owlbudgetary constrainl\) at the Federal level. The County budget must be amended to include the amount of that grant funding the MPO has been authorized to spend, since the MPO is administratively housed within Collier County Government. The County budget must also include the $9,200 in local funding matches that it contributes to the MPO, as well as those that will be administered by the County on behalf of the MPO's member governments. The following explains the two primary Sources of Federal funding that is received by the Collier MPO and the local malches that are being provided to these grants: Federal Highway Administration (FHWA) Section 112 "PL" Gram The MPO will receive $371,147 from FHWA in FY 2004/05. A $686,000 Federal Section 112 "PL" planning grant carryover from previous fiscal years is also expected to be available, since iliis amount has been bankrolled to fund l11ajor etforts such as the 2030 Long-Range Transportation Plan and Comprehensive Pathways Plan updates that are underway and Congestion Management Report iliat will be developed this year. This Federal funding will be matched with $8,000 in lcx:a1 funding which will become available in county fiscal year 04/05 for advocacy activities that cannot be funded with these Federal/State dollars such as the preparation of Resolutions in support of or opposition to Federal and State legislation. Due to a stricter interpretation of what constitutes "lobbying", each member agency on the MOO has been asked to contribute $1,000 per voting member for such activities. The BCC is being asked to contribute $5,000, while the Cities of Naples and Marco Island are being asked to contribute $2,000 and $1,000, re~'Pectively. At this time, the MPO is authorized to only spend $632,622 of the $1,057,147 in PL funds that have been budgeted in the MOO's FY 2004105 UPWP. Agenda Item NO.1 OC July 27, 2004 Page 1 of 5 Federal Transit Administration (ITA) Section 5303 Funds The MPO will also receive $53,873 in Ff A funding for transit planning activities that it undertakes. This "Section 5303" funding would be matched with $6,726 from the MPO's member local governments in county fiscal year 04/05, of which the Bee is being asked to contribute $4,200. The Cities of Naples and Marco Island are being asked to contribute $1,684 and $842, respectively. (t should be noted that the Florida Department of Transportation provides a $199,180 match to these Federal grants in the form of a "soft match" resulting from toll revenue that is generated around Florida. FISCAL IMPACT: The combined amount of Federal, State (soft-matched) and local funding that has been budgeted for the .l\tIPO's planning process in the FY 2004105 UPWP, including carryover, totals $1,324,934. At this time, the MPO is only authorized to spend $686,495 ($632,622 in Federal PL funds and all FTA Section 5303 funding). It is recommended that the BCe include this amount in its FY 2004105 budget. A Budget Amendment is required to account for these grant receipts and expenditure of grant and local funding. Once authorized to spend the remainder of funds in the UPWP, staff will bring back contracts to the BeC for additional items in the approved UPWP such as Consultant Services for Public Involvement for the Long Range Transportation Plan and the Congestion Management Program. GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's Growth Management Plan. RECOMMENDATION: That the BeC approve the MPO's FY 2004/05 operating budget in the amount. of $686,495 and all associated future budget amendments to a maximum amount of $1,324,925. A TIACHMENTS: A: Tables 1 and 2 from the Adopted 2004/05 MPO Unified Planning Work Program (UPWP). B: FY 2004/05 Budget Amendment Request. Agenda Item NO.1 OC July 27, 2004 Page 2 of 5 Item Number Item Summary Meeting Date Approved By Donald L. Scott Transportion Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 'DC That tne BCe approve the MPO's FY 2004/05 operating budget in the amount of $701,230 3:ld all associated future budi]et arne~dments to a :llaX!rnUm amount of $1 ,324.93-4 {Norman Feder, Administrator. fransportation Ser/ices) 7/2712004900:00 AM Transportation Planning Director Date Transportation Planmng 7':'" 3120044:46 PM Date Approved By L,sa Taylor Transportion Services ManagamenUB~tdget Analyst Transportation Administration 7114120044:28 PM Dale Approved By Norm E. Feder. AICP Trans.portion Services Transportation Division Administrator Trans.portation Services. Admin. 71'4120044:36 PM Date Approved By D:<Jne Perryman Transportion Services E.,<~cutj\fe Secreiary Transportation Services Admin. 7/1512004 4:42 PM Date Approved By Pat Lehnhard County Manager's Office Admin!strative Assistant Office ot Management & Budget 7/,6/20049:21 AM Date Approved By MicHael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 7119/200411:08 AM Date Approved By James V. Mudd Board of County Commissioners County Manager County MaMger's Office 7/,9/20043:37 PM Agenda Item NO.1 OC July 27,2004 ."'3ge 3 of 5 z o - f- ~Q.; ~ ~~ (.,., ~ a.. -.. ~ ;:l ~f-Vl M ~9 -.. ~ ~ ~ ~~ ~ ;;. >- U~ z ~ o ~ Iii 1-' 0; o I- i! o u <t ~ i1l g: g 9- ....J !'ll Z t- o o u. ci ~ I ;3 Chlv> , , I I I 'ijj c:: f! ~ t= ~ (S q:: ~ .~ '5 U o ~ c g S II> C o o o o o :t: 0 ~ ~ 5 'e. u V> '" o ~ '" ro I- o o 0. o oa ... o 0 0 0 Cl 0 0 0 o 0 0 C> 6 .f, 0 a:) r- N N N ... Oil 0 o 0 0.1 a. 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M 0 V III ~ ...... cq ..- r-- OJ t-. r-- C"1 M lI') V> f.t") IJ) ~ :0 II) x .:0: IJ) ro Q;l III .:9 ~ iO ,g .2l ro (ij :0 (ij tJ ... tIl 0 .... ..2 ;0: Q) 0 - <rJ .... -0 .... -0 0 .8 II) c: .~ > :::l B ~. - E Itl 0 '0 .... o .... Q) (tl -- - ... u .,. .... ~ g o w o > ~ ~ ti:o III :::l ro ::: ";;""(3 ~ rl ...,. c: j m (ij o .- -- . (")- u - 8 ~ tIl 0 lii~ N U )-]j u.. 0 E I- 0 ~I I o. ~ ::r ~ -. c C N ,. u.. c: <'0 ell U ..c '" ti ~ ~ o u ... 9 ::; :f1 ;:; u ''- .. "::l :) U c: . O">tLO 00_ .....00 .NLO 0,..:(1,) ZN OJ E>.CO (1,)-0... ......:J -, CO "'0 C (I,) OJ <( N ~ ~o 3"- ~~ u...j..... ;. ..- EXECUTIVE SUMMARY Consideration of a request from the developer of Ave Maria University to expand the limits of the County's FEMA-related Base Flood Elevation study, being done by TomaseUo Consulting Engineers, to include the Fakabatchee Strand Drainage Basin, wbich is where the Ave Maria Stewardship Community District is situated. OBJECTIVE: That the Board of County Commissioners (Board) consider the propriety of spending MSTD General Fund (Ill) reserve funds to expand the limits of the existing Base Flood Elevation (BPE) study presently being done by Tomasello Consulting Engineers for the most populated areas of Collier COWlty to include the Rural Lands Stewardship Area (RLSA) Overlay. which area is well outside the populated areas being studied. CONSIDERATIONS: In December of 1996, a Coa..~tal Flood Insurance Study was performed for Collier County and incorporated areas by a Federal Emergency Management Agency (PEMA) Study Contractor, Engineering Methods and Applications. Inc. (EMA). In December of 1998 the preliminary Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) were issued. Collier County raised concerns regarding aspects of the technical analyses and hired an engineering consultant.. Tomasello Consulting Engineers, Inc. (TCE). to review the preliminary FIS and FIRM. - In May 2001 Collier County and the City of Naples jointly retained Tomasello Consulting Engineers. Inc. to study the proposed maps and provide a preliminary report to the Board. TCE raised some issues concerning the calculations and methodology of the coastal study conducted by the contracting consultants for FEMA. The review process generated a number of reports+ clarifications.. and letters with conf1ictingopinions as to the methodology and findings of the Flood Insurance Study. Following the Collier County Board of Commissioners and City of Naples City Council joint meeting held on January 7, 2003, the respective staffs prepared an interlocal governmental agreement under the direction of the Board and the City Council which defined the cooperative approach to jointly hire Tomasello Consulting Engineers to initiate a detailed flood insurance rate map (FIRM) restudy to improve the accuracy of the proposed maps concentrating specifically on the coastal restudy and the "Sheet 2D" area of the Golden Gate Estates. The Board approved the interlocal agreement as item 16AlO at the February 25, 2003 Board of County Commissioners Meeting. Pursuant to that agreement. the City of Naples as the managing agent for the coastal study, entered into a contra,,'t with TCE to perfonn the analysis to support the restudy for the coastal area. The budget cost for Tomasello Consulting Engineers. Inc. to initiate a flood insurance rate map (FIRM) restudy for the coastal area was $235.000; 80% or $188.000 funded by Collier County and 20% or $47,000 funded by the City of Naples. The estimated cost for the Appendix CIM compliance work for that portion of the appeals resolution process pertaining to Golden Gate, known as the Shcct 2D Study. was estimated to be between $20,000 and $35.000; funded totally by Collier County. -- In addition, since the time of the original agrecment and with the approval of the Board, the County working in conjunction with the Florida Department of Environmcntal Protection and the Agenda Item No. 10D July 27,2004 Page 1 of 8 National Geodetic Survey, a branch of NOAA. established a benchmark network throughout the Golden Gate Estates at a cost to the county of $61,877 and through the contracted work of 3001, Inc., at a cost of $49,425 cenitied, through a report titled "Evaluation of Collier County, Florida. LIDAR Data" and based under the criteria of National Mapping Standards, the Property Appraiser's LIDAR data. With these products now completed, Tomasello Consulting Engineers has the required and necessary information and certifications to finalize the Base Flood Elevation (BFE) study for Golden Gate. On January 27. 2004 the Board (Agenda Item 16A7) approved an amendment to the interlocal governmental agreement and in doing so approved a modification to the existing contract to complete the needed analysis for accurately determining the Base Flood Elevation for the major portion of Golden Gate Estates to include sections 29. 30, 31. and 32 of Township 48 South. Range 27 East, the area more commonly known as the "Rock Road Area," at a cost of$57,007.50. The $57,007.50 cost of this part of the study represents the $55,000 difference between the $188,000 which is the County's portion of the Coastal Study and the $243,000 "not to exceed" total noted above, and includes $2,007.50 for preliminary work by TCE for the Golden Gate Study done baek in May 2003. The revised work for the Appendix C and M studies is being performed on a cost plus basis due to the undetermined nature and extent of the study. Total cost assessed to Collier County for both these studies was to be no greater than $245,007. Subsequent to the these studies and based on a request of the City and the County, FEMA agreed to once again delay the effective date of the maps based on Collier County's commitment to provide, no later that December 1. 2004, the necessary topographic. scientific and engineering data to support a complete revision of the FIRMs for the entire county. In doing so, Collier County committed to finalbring the ongoing studies and in addition committed to providing aU the necessary data and analyses to determine the l00-year flood elevations for six defined Drainage Basins of Collier County. At the Board meeting of March 9,2004 and later amended at the March 23, 2004 Board meeting, the Commission approved an additional contract of up to $215,000 with TCE to complete the needed engineering, scientific and topographic studies of the following basins for the purpose of establishing BPEs for the proposed FIRM maps within the corresponding geographical areas. L Cocohatchee Rivcr- including CREW area, N0l1h Airport Road, Pine Ridge Canal, Palm River 2. Golden Gate Main Canal. downstream of95l Canal - including 1-75-1 and 2,1-75 Canal, Harvey Canal, Green Canal, Golden Gate City drainage facilities, S. Airport Road, Golden Gate Main Canal Basin south of GGM Canal (north of Radio Road to SR 951) 3. District 6 - including Rock Creek, Haldeman Creek, Lely Canal 4. Henderson Creek/Belle Meade 5. Southern Coastal Basin (Gordon River Extension) 6. Faka- Union I Miller Canal Basins Total costs for all tbe approved studies associated with this proje<..-1: arc $460,()()7. Total cost including the certification of the LIDAR data and the 57 miles of vettica1 control through the Estates is $571.309. ""..~, Agenda Item No.1 00 July 27,2004 Page 2 of 8 On May 19,2004, during the DRI preapplieation meeting for Ave Maria University (AMU). the project team was warned by County staff that the new FEMA flood maps defined the area east of Collier Blvd (SR951) out to SR 29 as unnumbered A-zones and, as such, the proposed school and adjoining town would be forced to purchase flood insurance under the criteria of an unspecified nood zone at a rate estimated to be considerably higher than the neighboring areas under study to the west. Ave Maria officials have since re,quested that Collier County expand the scope of their contract with TCE to include additional drainage basins to cover the proposed Ave Maria DRI and the remainder of the RLSA, excluding the Area of Critical State Concern for the following reasons: L There are a few small basins between the Tomasello study boundary and the drainage basin that contains AMU. By expanding the study out to SR-29, the County will be prepared for future possible changes in growth patterns and further the goals of the RLSA overlay to encourage use of the RLSA concept. 2. A ve Maria and other developments in the RLSA will pay a substantial amount of money in application fees, review fees, inspection fees and impact fees. School officials contend that this will more than offset the cost of the TCE change order. Community Development and Environmental Services Engineering Services staff agrees that the study should be done, If it is to be funded by the County, it should be recognized that the proposed addition to the study area is, at present, a very sparsely populated area and such a study funded by the County will primarily benefit the Town of Ave Maria. It should also be noted that approval will add over 100,000 a("'Tes to the area being studied. Staff supports the initiative to eventually establish defined nood elevations for this area of the county, however, recommends that the Board evaluate the use of Fund III (Reserves) to fund additional studies in this area of the county. FISCAL IMPACT: Estimated cost of the study is approximately $120,000. Funding for this additional work will come from the unincorporated MSTD General Fund (Fund 111) Reserves. GROWTH MANAGEMENT Il\1PACT: None, although accurate tloodplain information is vital to insure effective planning and permitting processes. RECOMMENDATION: That the Board approve the request to expand the scope of work of the existing contract with 'ICE. however, recogni7.e that the funding for this project is problematic in that the additional funding will have to come from Fund III (Reserves). In approving this request, the Board may wish to consider deferring the funding to the Board of Supervisors of the Ave Maria Stewardship Community District. Agenda Item No. 100 July 27, 2004 Page 3 of 8 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10D Recommenrjation to consider a request from the developer of Ave Mana University to expand the limits of the County's FEMA-related Base Flood Elevation sliJdy, being done by Tomasel!o Consulting Engineers, to Include the Fakahatchee Strand Drainage Basin. which is where the AVE MARIA Stewardship Community District is s,tuated. (Joe Schmitt. Adlllinistrator. Community Development) 7i27!2004 900:00 AM Prepared By Stan Chrzanowski Community Development & Environmental Services Engineering Review Manager 7112120044:59:22 PM Engineering Services Date Approved By Stan Litsinger Community Development & Environmental Services Comprehensive Planning Director Comprehensive Planning 7113120047:29 AM Approved By Date Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 71151200412:55 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Admlnstrator Date Community Development & Environmental Services Admin. 71161200411:29 PM Approved By Sandra Lea Community Development & Environnlental Services Executive Secretary Community Development & Environmental Services Admin. Date 7/191200410:16 AM Approved By Patrick G. White County Attorney Assistant County Attorney County Attorney OffIce Date 7119/2004 11 :02 AM Administrative Assistant Date Approved By Pat Lehnhard County Manager's Office Office of Management & Budget 71191200411:11 AM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 7119120041:00 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 7119120045:41 PM Date ,- Approved By James V Mudd Board of County Commissioners Counry Manager County Manager's Office 7120/20045;23 PM Agenda Item No.1 OD July 27, 2004 Page 4 of 8 ~ ~x~~ ~~ - ." ~ Tomasello Consulting Engineers, Inc. 5906 Center Street, Jupiter, Florida 33458 Phone 561.575-3910 Fax 561-744-1865 dlxletom@aol.com ~~ ~'rl June 30, 2004 .- . rtc. ~ I,.) ,e~.~ 9- . Mr. Tom Jones Director of Governmental Relations Barron Collier Companies 2600 Golden Gate Parkway Naples, Florida 34105 RE: Flood Studies to establish FEMA FIRM's for Land Parcels in the Fakahatchee Strand and Barron River Canal Basins Dear Mr. Jones, We are pleased to submit this proposal for the professional engineering services required for determination of the 100-year floodplain and flood elevations and preparation of flood maps proposed for use as FEMA Flood Insurance Rate Maps. Scope of Work The proposed flood studies are intended to provide the necessary information to determine the 100-year floodplain boundaries and flood elevations for the locations designated on the attached map (Figure 1) as "FEMA Eastern Collier Study Area (less urban areas of Immokalee)" and hereafter referred to as "study area". The study area includes portions of three basins as defined by the Collier County Drainage Atlas, the Faka Union Canal Basin, the .!.~ahatc~ee Strand Basin, and the Barron Rive.I.: Canal Basin. The performance of the proposed flood study will require model simulations of the hydrology and hydraulics within all or parts of each of these three basins. The proposed scope includes setting up two applications oithe S2DMM model. The first S2DMM application will be accomplished using a network of computational grids with half mile by half mile computational cells, each described by 100 subcells dimensioned 264' by 264'. The soils and topographic data will be provided to the model for each subcell. This application will cover the drainage basins affecting the flood conditions in the study area. Agenda Item NO.1 00 July 27, 2004 Page 5 of 8 Mr. Tom Jones 6/30/04 Page 2 of3 - .~ The second S2DMM application will use a grid of finer computational cells, 1000' by 1000'. Each computational cell will be defined by 100- 100' by 100' subcells. This fine grid model will be applied to the study area and immediately adjacent lands. The two S2DMM model applications will be performed in concert with three setups as follows: Setup 1: Grid networks will be setup with topography, soils, land use and with the primary canals and associated water control structures. Topography will be based on USACOE LIDAR data where available. Where the LIDAR data are not available, the SFWMD Composite data will be used. The topo, other than USACOE LIDAR data will be provided in x-y-z ASCII format by Barron Collier Companies (BCC) for a grid network of 100' by 100' cells defined by TCE. All soils information will also be provided by BCC with x-y coordinates for the TCE defined 100' by 100' grid. BCC will provide all available information on primary canal cross sections and primary water control structures. Setup 2: Secondary and tertiary canals, ditches, (with cross sections as available) and associated structures (including pumps) and water management systems will be added to the model setups from Setup 1. BCC will provide the available information on these facilities including control structure details, onsite 25-year and 100-year design stages and other SFWMD permit information pertinent to the model applications. The hydrologic data, provided by BCC, will be applied to the model as inputs (rainfall, evaporation, etc.) or as comparisons to modeled results (stages, flows) as part of the calibration/verification process. Setup 3: S2DMM will be applied to the coarse grid model for the 100-year design conditions. The modeled stages or flows will be saved and applied to the fine grid as boundary conditions. The S2DMM application to the fine grid for the 1 DO-year design conditions will be used to establish the flood elevations for mapping. The draft Flood Insurance Study Report and draft Flood Insurance Rate Maps will be generated under this setup. After FEMA review and approval of the draft maps TCE will prepare the final report and maps in the format that FEMA requires. SCHEDULE TCE will deliver the model setups and associated materials according to the following schedule, assuming the required data are delivered within two of Notice to Proceed. ,- Setup DELIVERY DATE (days after Notice to Proceed) 1 2 30 3 105 Agenda Item No. 100 July 27, 2004 Page 6 of 8 75 Mr. Tom Jones 6/30/04 Page 3 of3 -." Draft RepoI"tftvfaps Final Report! Map 135 30 days after FEMA approval of Draft Maps COST The proposed cost of the study is as follows: SETUP/MILESTONE COST! 1 2 3 S30,000 $30,000 $20,000 Draft Report and Draft Maps Final Report and Final Maps $20,000 $20,000 Total: 5120,000 1 Payment due within 30 days of setup/milestone delivery. If this proposal is acceptable to you please sign both copies and return one. Sincerely, Richard S. Tomasello, PE President Tomasello Consulting Engineers, Inc. Signed Date Agenda Item NO.1 00 July 27,2004 Page 7 of 8 '), J \: ~- ACSC . ': ).. .,~ Okaloacoochee Habilal '"wardshlp Atea (HSA) 3195.~ ? ?~ '/, .-'",-. ..../.~-:- Okaloaco_ SlOUgh AO'NW8Y Stewardshio Area HSA (FSI 1239.92 ac_ o ::ll '" ail ~ ::ll Gl C m .. ClI ~ , , \ I ) -! N GATE BlV i \ .;- . f HSA GOl ,",SA BCI-BCP SSA 1,2,3 & 4 Location Map o legond ~ =~..~.._~ i~:::.:;.- . ______I....... __~_c_... I~ ._____-...I""'I~_........ u - EXECUTIVE SUMMARY Recommendation to approve the Agreement for Haldeman Creek Disposal with I,..akeview Drive or Naples, LCC, a Florida Limited Liability Company. OBJECTIVE: To obtain Board of County Commissioners (BCC) approval of the Agreement for Haldeman Creek Disposal, with Lakeview Drive of Naples, LCC, a Florida Limited Liability Company. CONSIDERATIONS: The selection of a disposal site(s) is important to the viability of the Haldeman Creek project. Considerations in selecting disposal sites include environmental impacts, pollutant potential, sediment contamination, and disposal site capacity. Two potential disposal sites for the dredgc matcrial have been looked at for the Haldeman Creek project. A developer (Antaramian Development Corporation) that ha..~ property adjacent to the Creek approached Ihe County regarding the use of some of the dredge material. The location of the potential site lies south of the main channel and offers several acres of land for disposal. The attached agreement for approval outlines uses and conditions for Ihe property as a sediment disposal site. The agreement has several time certain conditions, if the conditions are not determined by Ihe described deadline the agreement will become null and void. One condition that has been ,- determined before the July 27, 2004 Board date is; Condition 2 a. "The. County shall determine by July 15, 2004 whether the DisPf)sal Site is within the 'Special Treatment' (ST.) overlay district or requires an Environmenlallmpact Statement (EIS)for the Dredge Project or whether il is otherwise enritledto an ST exception (LDC Section 2.2.24.8) and an EIS exemption (LDC Section 3.8.8Y' It has been determined by Collier County Environmental Services that the Disposal Site will require an Environmental Impact Statement before approval of the disposal site. FISCAL IMPACT: No fiscal impact associated with this executive summary. GROWTH MANAGEMENT IMPACT: Thcrcis no growth management impact associated with this executive summary. RECOMMENDATION: Approve the agreement for Haldeman Creek Disposal with Lakeview Drive of Naples, LCC, a Florida Limited Liability Company and authorize the Chairman to sign for the Board. .- Agenda Item No. 10E July 27,2004 Page 1 of 13 .- Item Number Item Summary Meeting Date Approved By Joseph K. Schmitt Community Development & Environmental Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10E Recommendation to approve the Agreement for Haldeman Creek Disposal with Lakeview Drive of Naples, LCC. a Florida Limited Liability Company. (Norman Feder, Transportation Administrat'Jr) 7/27/20049:00:00 AM Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 7/19/200412:59 PM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Date Transportation Services Admin. 7/19/20041:33 PM Approved By Lisa Taylor Transportion Services Management/Budget Analyst Date Transportation Administration 7/19/20041:53 PM Approved By John Vliet Transportion Services Roads Maintenance Superintendant Date Road Maintenance 7/19/20043:46 PM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/20/20048:36 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/20/20048:47 AM Approved By James V. Mudd ,,~ Board of County Commissioners County Manager Date County Manager's Office 7/20/20049:22 AM Aqenda Item NO.1 OE July 27, 2004 Page 2 of 13 AGREEMENT :FOR fIALDEl\'IAt"l CREEK DISPOSAL THIS AGREEMENT ("Agreement"), is made and entered into this _ day of . 2004 by and between COLLlER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County:' and LAKEVIEW DRIVE OF NAPLES, LLC. a Florida Limited Liability Company, hereinafter referred to as "Lakeview." RECITALS: WHEREAS, the County desires to perform maintenance dredging to improve navigation and increase stormwater conveyance capacity in portions of Haldeman Creek. as described in the County's dredge plan attached hereto as Exhibit A r'the Dredge Project"); and WHEREAS, the County has determined that the Dredge Project is feasible; and WHEREAS, the County, as part of its permitting of the Dredge Project. needs a disposal site to place the sand and materials that are removed from Haldeman Creek ("the Spoil"); and WHEREAS, Lakeview owns an undeveloped 17-acre site ("the Property"), part of which (approximately 3 acres) is comprised of submerged bottom lands of Haldeman Creek and the remainder of which (approximately 14 atTcs) is uplands adjacent to Haldeman Creek; and WHEREAS, the County will realize a considerable cost savings to the Dredge Project if the 14-acre upland portion of the Property is utilized as a temporary site for the Spoil~ and WHEREAS, Lakcview intends to develop the 14-acrc upland portion of the Property with a total of 51 dwelling units (with associated dock slips), as illustrated by the Site Development Plan (SDP-AR-4596) submitted to the County by Lakeview; and WHEREAS, Lakevicw has agrecd to the County's use of the 14-acre upland portion (the "Disposal Site") of its Property for the Dredge Project for a period of 730 days, subject to the terms of this Agreement and the County's Disposal Site Plan attached her~~bimt IQoart4>E July 27, 2004 1 Page 3 of 13 WHEREAS, the parties do not intend that this Agreement convey any easement or other property interest in Lakeview' s Property~ rather, the parties intend that this Agreement convey a temporary irrevocable license, personal to the County, to use the Disposal Site in accordance with the terms of this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS CONTAINED HEREIN. THE PARTIES AGREE AS FOLLOWS: 1. RECITALS. The above recitals are true and correct and incorporated herein. 2. CONDITIONS OF AGREEMENT. a. The County shall determine by July 15, 2004~ whether the Disposal Site is within the "Special Treatment" (S1) overlay district or requires an Environmental Impact Statement (EIS) for the Dredge Project or whether it is otherwise entitled to an ST exception (LDC Section 2.2.24.8) and an EIS exemption (LDC Section 3.8.8). The County's determination under this Paragraph shall not operate as a waiver or exemption for the development of Lakeview's Property. This Agreement shall be deemed null and void if the County fails to make the determination under this Paragraph by August 15,2004. b. On or before December 31, 2004, and before placing any Spoil on the Disposal Site. the County shall obtain all permits required for the Dredge Project from the responsible state and federal agendes, and be solely responsible for any mitigation required by said permits. The County shall comply with all conditions placed on the issued permits. Lakeview agrees to cooperate with the County in its efforts to obtain the required permits. Failure to obtain all required pemlits by the deadline stated above shall render this Agreement null and void. c. Lakeview agrees that the County may place the Spoil from the Dredge Project on the Disposal Site, in accordance with the tenns of this Agreement and the County's 2 Agenda Item No.1 OE July 27, 2004 Page 4 of 13 Disposal Site Plan attached hereto as Exhibit B, for a period of 730 days, beginning on January 1,2005. d. Under no circumstances shall the County be permitted to place Spoil from the Dredge Project on thc Disposal Site after January 1,2007. e. Lakeview's agreement to allow the County to use the Disposal Site for the placement of Spoil from the Dredgc Project is predicated upon Lakeview' s currently proposed site plan for the Property. Accordingly, this Agreement shall not become effective until the County approves SDP-AR-45%, submitted by Lakeview for the Property. Lakeview shall respond to the County's Request for Additional Information, dated September 26, 2003, regarding SDP-AR-4596 on or before July 15,2004. The County, in accordance with the criteria defined in the Collier County Land Development Code and Growth Management Plan, will review and either approve the SOP Of issue a second J'L"quest for additional information on or before August 31, 2004. if the County timely issues a second request for additional information. Lakeview shall respond to same on or before September 30, 2004. The County \l\ust then make a determination, based on the above statcd criteria, on the SDP on or before December 31, 2004. If the County does not approvc the SDP on or before December 31, 2004, then this Agreement shall be null and void. 3. I:.m.rs~JIYJ:;ONFUsMAT.IQN~ The County acknowledges that Lakeview enters into this Agreement in reliance upon the County's confirmation that the Property is eligible for 51 dwelling units. 4. REMOV AL AND PURCHASE OF SPOIL. Subject to Lakeview's option to purchase sel forth herein, the County agrees to remove all Spoil from the Disposal Site and any contaminants placed on the Disposal Site pursuant to the Dredge Project. at its own cost, on or before February 1. 2007. Lakcview shall have the option, at its sole discretion, to purchase up to 35,000 cubic yards of the Spoil from the County. If Lakcview excrcisc~np~~hU9E July 27, 2004 3 Page 5 of 13 the County agrees to leave the requested amount of Spoil on the Disposal Site in locations specified by Lakevicw, and/or deliver the requested amount of the Spoil to 1722 Tamiami Trail East, Naples, Florida 34112. Lakeview shall pay a severance fee of $2.25 per cubic yard to the County for any Spoil left at the Disposal Site or delivered to 1722 Tamiami Trail East at Lakeview's request. Said severance fee shall be paid within 30 days of delivery of the Spoil. 5. FINAL CONDITION OF DISPOSAL SITE. By February 1, 2007, the County shall ensure that the final condition of the Disposal Site meets the following criteria: (a) all Spoil has been removed from the Disposal Site (unless Lakcview has directed to leave certain amounts of the Spoil on the Disposal Site pursuant to Paragraph 4); (b) any contaminants placed on the Disposal Site pursuant to the Dredge Project are removed from the Disposal Site; (c) based on appropriate laboratory soil sample analysis performed by the County's contractor for the Dredge Project, the highest detected concentration of constituents on the Disposal Site are below all applicable criteria for soils including Direct Exposure and Leachability based on Soils or Groundwater Criteria provided in Florida Administrative Code Rule 62-777. The detected concentrations if any, of selected parameters and applicable soil cleanup criteria in FAC 62-777 must demonstrate that these sediments will not create a regulatory or human health concern; and (d) no liens related to the Dredge Project have been placed on the Property. If the County fails to comply with the provisions of this Paragraph by the deadline imposed, Lakcview shall notify the County in writing and tile County shall have an additional sixty (60) days from receipt of the notice to comply with the provisions of this Paragraph. If the County then fails to comply within the 60-day period, then Lakeview shall havAgl:m.~ Ntnh'1 ate July 27, 2004 4 Page 6 of 13 Disposal Site into compliance and the County shall be responsible for all costs and expenses for doing so. 6. DREDGE PROJECT COSTS. The County shall be responsible for all Dredge Project costs, including pClmit costs, mitigation expenses and severance fees (except any severance fees owed by Lakeview to the County pursuant to Paragrdph 4) resulting from the Dredge Project. MONITORING. Initial testing/sampling by the County's consultant(s) has 7. revealed contamination, including the presence of copper, in the water and submerged bottom lands of Haldeman Creek. The County shall prcpare a test plan to monitor the Spoil, water and Disposal Site for contaminants, including copper. The test plan shall be submitted to Lakeview for its approval prior to the County's use of the Disposal Site. The County shall implement the approved test plan for the areas of known contamination throughout the duration of this Agreement and shall issue weekly reports of the test plan results to Lakeview while work is performed in the areas of known contamination. Final test results shall be submitted to Lakeview on or before February 28, 2007. The County shall be responsible for all clean-up costs, fines and penalties associated with the placement on, and removal of, any contaminants placed on the Disposal Site pursuant to the Dredge Project. 8. n;RMJ~ATIQN-, This Agreement shall automatically terminate at the earlier of (a) February 1, 2007; or (b) when the provisions of Paragraph 5 have been satisfied. 9. ~PROJECT FUNDING. The County retains the right to c..Teate a munic..ipal taxing district or other source to fund the Dredge Project. 10. INDEMNIFICATION. The County shall indemnify and hold hannless Lakeview and its successors and assigns for any and all damages or liabilities incurred by Lakeview and caused by the Dredge Projcct, including. but not limited to, damages or liabilities arising from (a) non-compliance with the pemlits issued for the D~dBrlijtm.,NOO101e July 27, 2004 5 Page 7 of 13 placement of liens on the Property pursuant to the Dredge Project. (c) the placement of contaminated or hazardous Spoil on the Disposal Site pursuant to the Dredge Project, and (d) third party injuries related to the Dredge Project. 1 L MISCELLANEOUS PROVISIONS. A. Any and all notices, designations, consents. offers. acceptances, or other communications provided for herein shall be delivered to Lakeview. attention: Jack Antaramian, Antaramian Development Corporation, 365 Fifth Avenue South, Suite 201, Naples, Florida 34102; and to George L. Varnadoe. Esq., 821 Fifth Avenue South, Suite 201, Naples, Florida 34102. B. Any and all notices, designations, consents, offers, acceptances, or other communications provided for herein shall be delivered to the County. attention: County Manager. Collier County Government Complex, 3301 Tamiami Trail East, Naples, FL 34112. C. This writing embodies the entire agreement and understanding between the parties. No other agreements or understandings, oral or written, exist between the parties. No alteration, change or modification to the terms of this Agreement shall have any force or effect unless made in writing and signed by the parties hereto. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. This Agreement may be executed in each of several copies, each of which may be considered an original. D. Lakeview may not sell, trdn s fer, or assign this Agreement, or any part hereof, without the written consent of the County. which consent shall not be unreasonably withheld. 6 Agenda Item NO.1 OE July 27,2004 Page 8 of 13 IN WITNESS WHEREOF. the parties have caused this Agreement to be executed the day and year aforesaid in counterparts. each counterpan to be considered an originaL DA 1ED: A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: , Deputy Clerk DONNA FIALA, Chairperson Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney WITNESSES: LAKEVIEW DRIVE OF NAPLES, LLC (I) signature By: Printedffyped Name . Managing Member (2) signature PrintedfI'yped Name h:1 !FA\Agrcemcnts\Ifaldcman6..tOt 7 Agenda Item NO.1 OE July 27, 2004 Page 9 of 13 Haldeman Creek Restoration Project Project Description Exhibit A Haldeman Creek located in Collier County, Florida, serves as an important stormwater conveyance system and a navigable channel for boater access to the Gulf of Mexico (Figure I). Records indicate that the Creek was originally natural, and through development was altered. Modifications to the area include establishing ''finger'' canals to support residential boat access and alterations to the alignment of the Creek for stonnwater improvements. Residents in the area of Haldeman Creek, representing mainly waterfront property owners, requested the County to initiate a feasibility study to investigate maintenance dredging of the existing waterway. Increased development and use of the waterway for boating, maintenance dredging has become necessary to ensure proper navigation. Sediment shoaling caused by sedimentation raises the risk of damage to boats and decreases the function of the waterway. With increased development comes the need for flood control. The Creek also serves as an important role for conveyance of stormwater in the area. The County and South Florida Water Management District have implemented improvements to the Creek for flood control. This activity has resulted in an emphasis on the Creek regarding maintenance of the waterways. Over time sediments have built-up in the waterway and the accumulation in the Creek and in the canal systems has reached a level that requires maintenance. Natural processes are unable to flush out the material. Haldeman Creek has experienced rapid development over the past several decades. Development occurred first on the main stem of the Creek and then to the adjacent canals. Development along the main stem of the Creek is a Agenda Item NO.1 OE July 27,2004 Page 10 of 13 mixture of commercial and residential. Development along the adjacent finger canals is primarily residential with a few commercial properties interspersed. Figure 1. Haldeman Creek Restoration Project Location Maps. Agenda Item No.1 OE July 27,2004 Page 11 of 13 The project includes dredging to a depth of -5.0 MLW and -2 MLW east and west of Bayshore Drive, respectively. Design bottom widths of 40 feet and 20 feet for the main channel and finger canals, respectively. A total volume of approximately 40,000 yd3 will be removed. The project will involve a combination of hydraulic and mechanical dredging. The sediment will be placed on the disposal site for dewatering, stockpiling and transport to the County Landfill. Approximately 10,000 yd3 of clean dredge sediment will remain on- site for use by the property owner. The County has submitted permit applications with the United States Army Corps of Engineers (USACE), the Florida Department of Environmental Protection (FDEP) and Collier County. Permits are expected the Fall 2004 and construction is anticipated to begin winter 2004. Agenda Item No. 10E July 27, 2004 Page 12 of 13 r- IIZl II- _____1 ~ lJl: I- ~ z ~ a.. alW ....t::: iijCl) :i:~ XCI) WO a.. CI) is ~ l:Ilitl~ ::l::lo n~ ~~~ ~i~ ~ ~Q>- ....~ &;~~ ~~ '~I~~ _0 5j2;:l bo::l zt::ts z~~ . .." ",z . 'I I t J i- JII ..~ ,I. I' II" I; r:ll'R/Y TEll .., PlAT LAKEVIE..... DRIVE lIlI'R/Y_ }r i ,- EXECUTIVE SUMMARY Recommendation to award a construction contract in the amount of $32,999,885.35 to Magnum Construction Management Corp. d/b/a MCM Corp. and reserve $2,397,500 In funding allowances to construct 6-lane road improvements and a grade separated overpass on Golden Gate Parkway generally between Airport-Pulling Road and Livingston Road, Project No. 60006, Bid No. 04-3653, Fiscal Impact $35,397,385.35 OBJECTIVE: To obtain Board approval to award a contract to construct a grade separated overpass, as well as 6-lane road improvements, on Golden Gate Parkway generally between Airport-Pulling Road and Livingston Road in accordance with the certified plans and specifications to the lowest responsive, responsible bidder, Magnum Construction Management Corp. dJb/a MCM Corp. .-. CONSIDERATIONS: Subsequent to an exhaustive advertising effort that included notifications to over a dozen bridge contractors, 56-days of advertising, and 2-mandatory pre~bid meetings, the County Purchasing Depanment received one bid on July 7. 2004 from Magnum Construction Management Corp. d/b/a MCM Corp for the consnvction of a grade separated overpass and 6-lane improvements OIl Golden Gate Parkway. Original bid, as tabulated in Attachment 3 "Original Bid Tab" is summarized as follows: Base Bid (Inclusive of Allowances): Alternate lA-MOT: Alternate 2A-RCP: Alternate 3A-DIP: TOTAL ORIGINAL COST: $32.135,213.56 $ 3,392,682.08 $ 1,437,636.24 $ 213,940.05 $37,179,471.93 A negotiated bid with the selection of cost savings alternatives, as tabulated in Attachment 1 '.Negotiated Bid Tab", is summarized as follows: Negotiated Base Bid (Inclusive of Allowances): Alternate IB~MOT: Alternate 2B-HOPE: Alternate 3B-CCP: TOTAL ORIGINAL COST: $32,035,213.49 $ 2,294,053.08 $ 857,843.50 $ 210.275.28 $35,397,385.35 ,-. Subsequent to Board comments to minimize change orders, the Transportation Division is folJowing procedures used by Public Utilities and acknowledged by the Clerk of Courts to allocate Board authorized "funding allowances" to manage unforeseen conditions during construction. Both the O1iginal ba..~c bid and the subsequent negotiated base bid contains funding allowances. Any expenditure of the proposed $2,397,500 allowance Agenda Item NO.1 OF July 27,2004 Page 1 of 63 budget would only be subject to documented justification and County written authorization. Discussions with Purchasing and the Clerk of Courts office support the use of an allowance budget for this project to manage unforeseen conditions. This project was bid with alternate items in an effort to consider different materials and construction approaches that may have financial or time benefits to the County. while still achieving or exceeding the project objectives. Even with these alternate bid items, MCM's low-bid was still over the budgeted amount for construction; therefore, the Purchasing Department, in conjunction with Transportation, entered into negotiations with MCM to identify areas that would bring the prices into the range of the budgeted amount, pursuant to Collier County Purchasing Policy Section VI.D.2. With the selection of bid alternates and through negotiations, project costs were reduced $1.781.586 (or almost 5%). The construction duration for this project is 750 calendar days; however, the construction contract contains a provision allowing payment of an additional. not-to- exceed maximum of $250,000 for 60-days early completion. The low-bid construction costs (not including allowance funding) is 3% OVcT the engineer's estimate. Transportation recommends awarding the low bid amount of $35,397,385.35 inclusive of allowance funding (to enable the County to manage unforeseen conditions and alleviate the need for change orders related to such unforeseen conditions) to MCM to construct the necessary improvements. The construction contract contains a provision allowing payment of an additional, not-to-cxcced maximum of $250,000 for 6O-days early completion. For late completion. this contract provision also assesses a $4,166.66 per day penalty to the contractor beyond standard liquidated damages of $17,070.48 per day. As part of its due-diligence process, the County has determined the following: ..- l. MCM's safety and illness record, as based on the workers compensation Experience Modification Rate (EMR), is less than one. {The EMR is based on the company's injury and illness claims for the most recent 3-year period and rates less than one mean that a company is less likely to have an injury claim than the average company.} 2. In its 20-year history. MCM has never been assessed liquidated damages; 3. MCM employs 165 people and has an estimated gross annual revenue of $52.000.000; 4. MCM's civil division is currently working on four public works projects, all with some form of grade separation. Staff has receive positive reports from owners and their inspection companies; 5. Two of MCM's major current projects are scheduled to be completed by early 2(x)5: 6. FOOT has indicated that MCM has completed projects on-time and on-budget and is a coopemtive pattner in construction; 7. MCM is currently the State's contractor responsible for constructing the interchange at Golden Gate Parkway and Intcrstate-75 (approximately one-mile from the County's project); Agenda Item NO.1 OF July 27, 2004 Page 2 of 63 8. MCM is also the successful low bidder for the City of Naples' water main relocation project at the future 1.75 interchange. Up until bid opening day, Purchasing staff received questions from multiple potential bidders. indicating clear interest in preparing a bid for submission. More than six. prime contractors attended both mandatory pre-bid meetings. The receipt of only one bid prompted staff to inquire amongst "non-bidders" about the lack of bid submissions. The following information was received from non-bidders: · Gilbert Southern: "$250.000 incentive for early completion was not high e1Wugh to make it worthwhile .. · Hubbard Construction: "a local sub-contractor backed out at last minute, not comfortable with bidding without a sub with local knowledge" · Astaldi Construction: "believed the bid proposal was well over the County's estimate and didn't feel they would have a shot at getting the bid and having it awarded" Approximately 18,000 additional vehicle trips are expected to pour onto Golden Gate Parkway upon opening the new interchange. The State's $26.6 million interchange project has begun and is scheduled to be completed in December 2006, however recent discussions with the contractor indicate an accelerated completion date of October 21, 2006. As originally estimated by the FDOT, this project was estimated at $18.6 million (43% below the lowest bid). Most recently, MCM was the successful low-bidder on the City of Naples water main relocation on Golden Gate Parkway at 1-75. FISCAL IMPACT: The total contract award amount is for $32,999,885.35. Also needed is an allowance of 2,397,500.00 for unforeseen events with this project. The available budget for this project in fiscal year 2004 is 28,588,579.00 with the remaining balance of $6,808,806.35 to come from fiscal year 2005. The purchase order will be opened in the current FY in the amount of $28,588,579.00 which will include the $2,397,500 allowance. After October 1, 2(X)4 the purchase order will be increased the remaining balance of $6,808,806.35. Funding will come from Gas Taxes and Impact Fees. Part of the FY 05 increase will include an early completion incentive bonus of $250,000 which wilt only be paid to the contractor if they complete the project in less than 750 calendar days. If the incentive bonus is not paid to the contract, thcse funds will be returned to the reserve fund they were allocated from. GROWTH MANAGEMENT IMPACT: Capacity improvements to Golden Gate Parkway and Airport Pulling Road are currently identified on the Capital fmprovement Plan, CIE No. 74, and are consistent with the Growth Management Plan. .-. RECOMMENDATION: That the Board of County Commissioners authorize the necessary budget amendment and award a contract to Magnum Construction Management Corp. d/b/a MCM Corp. to constluct 6-lane improvemenL<; on Golden Gate Parkway and an overpass at Airport-Pulling Road. Bid No. 04-3653, and authorize the Chairman to sign the standard, County approved construction agreement. Agenda Item NO.1 OF July 27, 2004 Page 3 of 63 .- Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10F This is a companion item to Item 10G. This item to be heard at 1 :00 p.m. Recommendation to award a construction contract in the amount of 532,999,885 to Magnum Construction Management Corp. d/b/a MCM Corp. and reserve $2,397,500 in funding allowances to construct 6-lane road improvements and a grade separated overpass on Golden Gate Parkway generally between Airport-Pulling Road and Livingston Road, Project No. 60006, Bid No. 04-3653, Fiscal Impact $35,397,385. (Norman Feder, Administrator, Transportation Services) 7/27/20049:00:00 AM Prepared By Eugene Calvert - Transportations Services Principal Project Manager 7/15/2004 8:57:45 AM Transportation Engineering and Construction Management Approved By Gary Putaansuu Transportion Services Senior Project Manager Transportation Engineering and Construction Date 7/15/20049:33 AM Approved By Gregg R. Strakaluse Transportion Services Transportation Engineering/ Construction Mgmt Director Transportation Engineering and Construction Date 7/16/20048:31 AM Approved By Lisa Taylor Transportion Services Management/Budget Analyst Date Transportation Administration 7/16/200410:50 AM Approved By Norm E. Feder, AICP Transportion Services Approved By Transportation Division Administrator Date Transportation Services Admin. 7/19/20047:35 AM Agenda Item NO.1 or July 27, 2004 Page 4 of 63 Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7/19/20047:50 AM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 7/19/20049:27 AM Approved By Charlene Hoglund Date 7/20/20048:46 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/20/20048:48 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/20/20049:03 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 7/20/20045:17 PM Commissioners Agenda Item NO.1 OF July 27, 2004 Page 5 of 63 It! .8 e ::) z E ::) " c CD " ~ ;::. ~ 0 0 g 0 ~ 16 g C'\I g .... .... g ~ ~ .",. 8 0 ~ It! 0 (0 q C'\I .... ~ .... Iii ui rJ ,.; g Iii ~ a) r-.: .... c:O ...; g ,.; .- r-.: &i to R <0 (l) C'\I (0 (0 (l) <0 .... It) co <0 .... 10 C'\I .... N C'\I I':. <<I C'\I ~ 0) <0 0). <0 N 0 0) Il:!. 0 !q, \0 V 8 N N l'i fA. r>> t.tS fA. N v' 0 iii l'i r-: a> fA. t.tS l'i 0) f;! :8 100 ~ ~ Zi ~ ~ ~ :i C'\I v (') ! ~ C!. ~ C'\I .... C'oj. fA. ?- m 1: ~ ~ ~ ,... a. ~ ii (; ... ... ~ 01 g g ~ 8 0 C'\I C'\I 0 re ~ g .... ~ ~ g ~ ~ r-- <0 "": 0 .... <<I Iii li ~ ~ g ... a fA. to oj a ~ ui r-.: ~ & i ~ 0 ij 3 co ~ fA. <0 ~ ~ fA. ... N ~ t.O M N ~ ~ ~ 1: 100 ~ a. 0 ~ g ::l q q 0 <0 to 0 0 0 0 0 t.O 0 0 0 0 0 v U'! t.O M ... ... 0 ~ r-.: 0 0 to g gj ,.; ,.; m ~ oj ~ 2 lri ui 10 .... CD <0 8 ui (0 ~ g It') 01 2:- C'\I M ,... 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Q;N=:RAL CONTRACTORS c~cC?:,;834 July 14, 2004 Charlene Hoglund Collier County Purchasing Department 3301 Tamiami Trail East, Bldg. G Naples, FL 34112 Phone: Fax: 239.774.8965 239.732.0844 RE: Golden Gate Parkway Grade Separated Overpass SUBJ: Revised Pricing Dear Mrs, Hoglund; We would like to begin by thanking you for our meeting of yesterday morning and Collier County's desire to negotiate wilh MCM Corp. in the hopes of coming to an equitable agreement for both parties for this exciting and complex project. Attached you will find revised pricing as discussed. The changes are as follows: 101-1 MObilization - Mobilization has been increased to approx. 9% of the contract value. The adjusted price was created by reducing the unit cost for Items 400-4-5 Cone. CL IV (Substructure) and 400-4-25 Conc. CL IV (Mass Substructure) to come more in line with state averages. 400-4-1 Cone. CllV (Culverts) has been increased in order to spread some of the monies from bid items 400-4-5 Cone. CL IV (Substructure) and 40Q-4..25 Cone. CL IV (Mass Substructure). · 120-6 Embankment - Embankment has been increased in order to spread some of the monies from bid items 400- 4-5 Cone. CL IV (Substructure) and 400-4-25 Cone. CL IV (Mass Substructure). · 400-4-5 Conc. CL IV (Substructure) - Has been decreased. See above items. Please note, some General Condition and Markup has been left in the item. · 400-4-25 Conc. CL IV (Mass Substructure) - Has been decreased. See above items. Please nota, some General Condition and Marltup has been left In the Item. · 400-2-4 Cone. CL II (Superstructure) has been increased in order to spread some of the monies from bid items 400-4-5 Cone. CL IV (Substructure) and 400-4-25 Conc. CL IV (Mass Substructure). 1 01-1-AL T Maint. Of Traffic Alternate has been decreased $1,098,629 by changing the low profile temp barrier wall to standard temp barrier. In order to increase work zone safety we are requesting that the speed limit be reduced to 35 MPH. MOT will comply with all MUTCD, state and local requirements. Considering !t1;s item is now lump sum and MCM will not request additional monies in respect to MOT. · 430-171-143 Pipe Culvert Optional Material (HPDE)(Round)(60") has been decreased $192,597. Please note, production has been increased to BOlf/day; with the understanding that should the work take bnger due to unforeseen subsurface conditions (i.e. hard rock), the additional cost will be reimbursed through the drainage contingency item. Original bid price was $35O.44IIf and has been decreased to 180.001lf. · Should Collier County close Golden Gate Parkway from Naples Grand to Airport Pulling Road. MCM will credit an additional $150,000. In consideration of the modifications and credits provided above, MCM has decreased its Total Base Project Cost by $100,000. Thank you again for allowing MCM to participate with Collier County in trying to make this project a reality. Should you have any questions, please feel free to give me a call at your convenience at 305.541.0000 ext. 126. Sincerely; MCM Corp. ~1)-AL cc~ Juan Munilla, MCM Corp. 6'201 S"W 10th STRg::r . 2nd 1=~~OOR . ,~IA~I. r:::LCRIf)A . 331l...3 P;....ONh>;.05541.0000. wW'~mcmcO'r'pcom .1=AX 305 B\g~41ltem No. 10F July 27,2004 Page 24 of 63 It) ! E ;:) z e ;:) 'tl C ~ 'tl < ~ ~ <Xl 0 0 0 0 0 0 0 N 0 ,... ,... 0 ~ a:I 'It 0 0 II) ,... <Xl ~ 0 q '" 'It CO to q to N .... 0 to ... C) .... v .0 cO N <"i 0 ui N ~ r-.: ... cO ..t M M r: ,..; ,..; N cO c:i ro C) N to 0 to 'It to ,... ll) <Xl ~ <Xl Il) N C) N ,... ~ .... "!. N 1'-_ <Xl N cx:l. ~ <Xl O'l. cx:l. N 01 to. 0 a:I <Xl CO v N N ri ~ aj cD ~ N -.i .... ll) M' ...: oi ~ ~ ri oi N aj B ll) ~ ;; ~ N N N 0 CO to N V M ~ I'- 0 0 ... <fl <fl N W W ~ N. ;; a O'l N .-= ri ... ... ... <fl Q. ... ~ @ OJ I '0 t- \ E : I ~ i= ~ r: <Xl (]) 0 0 N "" 0 N N .... 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B:fi ~II ~,t ~t ~~,~,rr; ~'i~,>!t 11 t 1 \ I I ,- Executive Summary Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITQ 04-3583 "CEI Services for Collier County Road Projects" for Project No. 60006 "Golden Gate Parkway Grade Separated Overpass and Appurtenances, Bear's Paw to Livingston Road" in the amount of $2,367,811.00 OBJECTIVE: To engage professional Construction Engineering and Inspection (CEl) Services from highly qualified firms for upcoming Collier County Road Projects in a cost effective manner. CONSIDERATIONS: On October 29, 2003, the County published an Invitation to Qualify (ITQ) to provide CEI services for upcoming County road projects in accordance with Florida Statute 287.055, Consultant Competitive Negotiation Act. Invitations to Qualify (ITQ) were sent out to 166 engineering firms, 25 vendors requested full proposal packages and 12 responded to the proposal. A selection committee reviewed the 12 proposals that were received by the due date of November 21, 2003 and by consensus short-listed 9 firms as qualified to receive subscquentlTN (lnvitation to Negotiate). An ITN was issued on April 19, 2004 with a deadline for response of May 14.2004 for Proje<..'! 60006 Golden Gate Parkway Grade Separated Overpass and Appurtenances, Bear's Paw to Livingston Road. A Selection Committee meeting was held on May 26, 2004, and by consensus, the firms who responded with proposals were ranked as follows: .- Project 60006 1. KCCS, Ine. 2. T.Y. Lin, lnc. 3. Jacobs Civil. Inc. The Committee decided unanimously to short-list the finns of KCCS, Inc and T. Y. Lin. Inc. for a second submittal, and a question and answer session. A seeond ITN was sent out on JuneJ, 2004 for a June 16, 2004 presentation. By consensus, the results of that meeting mnked the firms as follows: Projeet 60006 1. KCCS. Inc. 2. T. Y. Lin, Inc. Staff has successfully completed negotiations with KCCS, Inc. in the amount of $2.367,811.00 for these services. FISCAL IMPACT: Funds in the amount of $ 2,367,811.()() are available in Gas Tax and Impact Fees. Source of funds are gas taxes and impact fees. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. .- RECOMMENDATION: That the Board of County Commissioners approve the selection of KCCS, Inc. for award of this project contract and authorize the Chairman to sign a standard. County Attorney approved contract. Agenda Item No, 10G July 27,2004 Page 1 of 12 Item Number Item Summary Meeting Date Approved By Lynn R. Thorpe, P,E, Transportion Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10G Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITQ 04-3583 "CEI Services for Collier County Road Projects" for Project No, 60006 "Golden Gate Parkway Grade Separated Overpass and Appurtenances, Bear's Paw to Livingston Road" in the amount of $2,367,811,00 (Norman Feder, Transportation Division, Administrator) 7/27/20049:00:00 AM Principal Project Manager Transportation Engineering and Construction Date 7/13120047:03 AM Approved By Linda Jackson Administrative Services Contracts Agent Date Purchasing 7/13/20048;55 AM Approved By Lisa Taylor Transportion Services Management/Budget Analyst Date Transportation Administration 7/14/20042:31 PM Approved By Norm E, Feder, AICP Transportion Services Transportation Division Administrator Date Transportation Services Admin, 7/14/20045:15 PM Approved By Diane Perryman Transportion Services Executive Secretary Date Transportation Services Admin. 7/1512004 4:07 PM Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Date Purchasing 7/16/20047:26 AM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/16/20049;32 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 7/19120049:53 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7119/200410:41 AM Approved By James V, Mudd Soard of County CommiSSioners County Manager Date County Manager's Office Agenda ~~::lN/il41 P:\ffi AM July zr, 2004 pcl\:j",2ur12 ., w U :;: Ill: W ., C) zc Ii:C ~s 14 It o - ~~ ~8 l4u will: oW !E3 CO I-U .... ~ ., z o U OJ U rJ) u U ll: ~ y 'e- o.. i o Ill: ~ Cl <= :; ::::; ,g ~ CD 0.. ~ ~ ~ CD <= " " ~ <C oil .. ~ ~ j I!! 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Cl. ~ '" Cl o '" .; '3 ~ '" c o ~ ~ c o i co o " " 1.l ~ " ~ o " c " ::; c o " ~ " ~ - SUMMARY (Roadway) - ESTIMATED COSTS- CONSTRUCTION EN~INEe"NGcAND INSPECTION SERVICES Project #60008 KCCS Prepared for: Collier County, Florida Project Description: Construction Engineering & Inspection for Golden Gate Parkway - Grade Separated Overpass from Bear's Paw to Uvlngston Road 27-Month Accelerated Schedule Employee Regular Time Avg. Hourly Salary Classification Manhours BIlling Rate Costs Quality Assurance / Sr. P,E.-A1t. 222,75 $156.00 $ 34,749 Project Engineer 3,795.00 $110,00 $ 417,450 . Sr. Inspector-Rdwy 3,531.00 $79,00 $ 278,949 . Sr. Inspector-Utll 346,50 $79,00 $ 27,374 - Inspector-Rdwy 1 .856.25 $57,00 $ 105,806 - Inspector-Bridge 1,856.25 $57,00 $ 105,806 - Inspector-Rdwy 1,856.25 $57.00 $ 105,806 - Inspector-Bridge 1,856.25 $57,00 $ 105,806 Secretary/Clerk 3,465,00 $52,00 $ 180,180 TOTALS: 18,785.25 $ 72.50 $ 1.361,926 a, Overtime Allowance - Salary Related Costs (Umlting Amount) 'Sr. Inspector: 3,877 ,50 manhrs X 20% = 776 X $ 79.00 per hr = $ 61 ,304 "lnspectors(2): 7,425.00 manhrs X 20% = 1,485 X $ 57,00 per hr = $ 84,645 $ 145,949 Sub-total: $ 1,507,875 b. Lump Sum Expenses: $ 49,800 Sub-total: $ 1,557,675 c, Subconsultant (CEI): Consultech = $ 588,393 Subconsultant (Survey Services): Consultech = $ 45,377 Total. Consultech: $ 633,770 Subconsultant (Technical Advisor): Southern Consulting = $ 56,628 Subconsultant (Public Relations): Cella & Associates = $ 64,738 d, Subconsultant (Sampling & Testing): Forge Engineering = $ 55,000 Subconsultants - Total Limiting Amount: $ 810,136 TOTAL MAXIMUM LIMITING FEES: $ 2,367,811 Estimate prepared by: KCCS, Inc. Phone No,: (813) 871-5331 ",..-" Agenda Item No. 10G July 27,2004 Page 4 of 12 Date: 71021f)J. @ 1 0:26AM KCCS, Inc. Project Description: KCCS Construction Engineering & Inspection for Golden Gate Parkway - Grade Separated Overpass from Bear's Paw to Livingston Road, Project #60006 27 -Month Accelerated Schedule ESTIMATED FIELD OFFICE EXPENSES: (3105 . 8/06) Amount: 1 Office Rent/Lease 6% tax 20 months @ $1,590,00 mo, :: $31,800.00 2 Office Teleohone 6% tax 20 months @ $250,00 mo, :: $5.000,00 3 Office Electric 6% tax 20 months @ $250,00 mo. :: $5,000.00 4 Cooler Rental 6% tax 20 months @ $200,00 mo. :: $4,000,00 5 Janitorial Services 20 months @ $200,00 mo, :: $4,000,00 TOTAL: $49,800.00 TOTAL (Rounded to nearest whole dollar): $49,800 Agenda Item No, 10G July 27, 2004 Page 5 of 12 o.t.: 711l2104 0 10:27Aa.t - SUMMARY - ESTIMATED COSTS - CONSTRUCTION ENGINEERING AND INSPECTION SERVICES Project #60006 P...pared for: Collier County, Florlda Project Description: Construction Engineering & Inspection for Golden Gate Parkway - Grade Separated Overpass from Bear's Paw to LIvIngston Road 27-month Accelerated Schedule Avg.Hourly Billing Rate* Salary Costs Employ.. Classlflcatlon R.gular Time Manhours Technical Advisor 363,00 $156,00 $ 56,628 TOTALS: 363.00 $ 156.00 $ 56.628 TOTAL MAXIMUM UMmNG FEES: $ 56,628 Subconsultant: Southern Consulting. Inc. Prime Consultant: KCCS. Inc. Agenda Item No.1 OG July 27. 2004 Page 6 of 12 08le: 7KJUJ4 010.:27AM - SUMMARY - ESTIMATED COSTS- CONSTRUCTION ENGINEERING AND INSPECTION SERVICES Project #60006 Prep-.cl for: Colli.. County, Florida Project Description: Construction Engineering & Inspection for Golden Gate Parkway - Grade Separated Overpass from Bear's Paw to Uvlngston Road 27-month Accelerated Schedule Employee Regular Time Avg.Hourly Salary Classification Manhours Billing Rate* Costs Senior P,E. 1,485,00 $ 130,36 $ 193.585 . Sr, Inspector-Rdwy-2 495.00 $ 66,98 $ 33,155 . Sr. Inspector-Brldge-2 3,795.00 $ 66,98 $ 254.189 Project Secretary 990.00 $ 50,50 $ 49.995 TOTALS: 6,765.00 $ 78.48 $ 530,924 a, Overtime Allowance - Salary Related Costs (Umiting Amount) *Sr. Inspector: 4,290 manhrs X 20% .. 858 X $ 66,98 per hr .. $ 57 ,469 TOTAL MAXIMUM LIMITING FEES: $ 588,393 Subconsultant: Consul.Tech Construction Management, Inc. Prime Consultant: KCCS, Ine. Agenda Item No, 10G July 27,2004 Page 7 of 12 Mardi Miller From: Stephen Miller Sent: Wednesday, May 12. 2004 2:07 PM To: Mardi Miller Subject: RE: Golden Gate Parkway overpass From: Joe Boggs Sent: Monday, May 10, 2004 2:25 PM To: 'smiller@kisingercampo.com' Subject: Golden Gate Parkway overpass This is a breakdown of our estimate: Pre-construction 11 days cross-sections (including Ponds)................. ....... ...$11,704.00 4 days horizontal and vertical control........,.......................,.$4.256.oo 15 hours professional surveyor and mapper..................,.... ....$1.575,00 36 hours survey technician..... ,........ ............. ,.......... ,. ...." ..$3,060,00 Total pre-construction.....................,............................ ...$20,595.00 Post construction 14 days cross-sections (including ponds)............................$14,896.oo 4 days horizontal and vertical control................................. ..$4.256,00 18 hours professional surveyor and mapper..... ....... .............. ..$1,890.00 44 hours survey technician............................ ................ .....$3,740.00 Total post construction............................................... ......$24.782,00 Total cost...........................,... ...................................... .$45,3n.00 This is with the following rates: 4 person crew....................... ..... .......$133.00 per hr. Professional surveyor and mapper.........$105.oo per hr. Survey CADD technician.....................$85.00 per hr. If you have any questions do not hesitate to contact me. Joseph S. Boggs Consul Tech Surveying & Mapping, Inc. 24831 Old 41 Road Bonita Springs, Florida 34135 Phone: (239) 947-0266 ext 25 Fax: (239) 947-1323 e-mail: jboggs@cte.cc Consul-Tech This e-mail transmission and any files transmitted with it are privileged. protected, confidential and intended solely for the use of the individual(s) or entity to whom it is addressed. If you received this email in error, please notify the sender or Systems Administrator at Consul-Tech at (954) 438-4300, ext. 1024. Conslll-Tech makes no guarantees that this e-mail and/or attached files are free and clear of the presence of computer viruses, have been tampered with, or contain questionable material or content and accepts no responsibility for the loss or corruption of any data on the addressee's computer as a result of opening this e-mail. All efforts have been made to assure that messages and files generated from this office are free and clear of this type of material. Civil Engineering . Surveying · Plimning · Environmental · Transportation · Construction Administration OjJices located throughout Florida 5/13/2004 Agenda Item No. 10G July 27, 2004 Page 8 of 12 ~ ~ C>"" ill ~~~~~~~~~~~~~ ' o~ po. OC NO N -I!! ....NCOeZ)"'~16~~:8~M;:r; il or> .....0_ .....IDN~,.... __ N .., . C\I 0 SOl ...t't~<<'l~~~.....&It)."": ..<<:!.~ po. 0= NCON__NNI,t)I,t)NCDtO(D iii", i o -en 1-8 .... zl;:jQ) ............................. ... ... ... 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C> - 0..0 Ol >i...."'z-::=;J2C!..a:Eo::=; c o,~~ g' g.i5 oS 8::=;::=; 8 '! ~ ~ ~ ,- S::I - ,Ii Ol al c 8 c z:;;~~ a: g',g:gi-:;.g.9o ~ i ".. I!! I!!::=; ~ I!! ~ U ~ ,~ g I!! .fr ~ ~ [[,g .. [ c S ~ 'E 0. [., oQ)~e~~e~gc:8:J~~ U!lQ.Q.Q.o4;Q.o(U:)UC!:Q.O o ...; N o ~ o ~ o ~ o ,...; ~ o cD o ,...; .... ~ :;) ~ :z: U ~ I- :;)Itl Ow u..J :Jill III~ :;)11: 0.:;) ..Jill ~! ow 1-11: ~ w ffi II: 4 ~ u ::::i III :;) lL W <II ~ lL iii u ..J C b I- OUT-OF-POCKET EXPENSES (LUMP SUM) CELLA & ASSOCIATES, INC, DHcrlptJon of Project: CEI: Golden Gate Parkway Grade-s.parated Overpass. 25-month Ac:celerated Schedule PUBLIC AWARENESS Public Awareness Data Property Owner Usl 0.01 Record x 1000 Records . $10.00 Basic Set Up Fee 1 Fee 1 each $50.00 $50,00 Identify & Inspect worbhop s~es 1 trip x 100 miles x 0.375 per mOe . $37.50 PreConstructlon M..tlna N_slettw to Announce Meetlna . Newsletter (color) (11 x 17 double-sided) 1.000 newsletters x 1 newsletters $2,00 each $2,000,00 Mailing by mail house # 100O/mailing 1 mailings x $ 344,50 1 $344,50 Mise, Copies 500 sheets x 1 workshop! x $0.08 per sheet = $40.00 Advertls. ",..tlna Legal Ad (1/4 page ad) $1.240,00 x 1 ad per ad $1.240.00 Variable Message Boards $1.441,60 x County to supply Rental Fee (use school) $0,00 x 1 1 $0.00 Rental Equipment for Meeting $250,00 x 1 1 $250,00 Handout 81/2 x 11 3 pages b&w x 300 meetings x $0,08 per page $72.00 2 pages color x 300 sets x $0.31 per page . $186.00 CO/T8SDOndence Letters 2 letters x 25 months x 0,08 per page $4.00 Postage 2 envelopes x 25 months x 0.37 per letter = $18.50 InformatIonal Notlce~ellver1es 8 1/2 x 11 Black & wh~e (200/month) 200 sheets x 25 $0,08 per page = $400.00 81/2 x 11Color 10 sheets x 25 $0,75 per page $187.50 Project Travel Auto 36 trips x 100 miles x 0,375 per mile $1.350,00 Website Development & Maintenance $3.500 x $3.500 AboYe newsletter could be reduced to 1 page black & white invitation CELLA & ASSOCIATES, INC. OUT-OF-POCKET EXPENSES $9.690.00 Agenda Item No. 10G July 27,2004 Page 10 of 12 IENGINEERING, INC. FORENSIC, GEOTECHNICAL AND CONSTRUCTION CONSULTANTS May 13, 2004 Mr. Trey Barclay KCCS 4273 Enterprise Avenue, Unit 4 Naples, Florida 34104 Phone (239) 793-8881 Fax (239) 8889 Fee Estimate for CEI Support Services Golden Gate Parkway Overpass Project Intersection of Golden Gate Parkway and Airport Road Naples, Collier County. Florida As requested by you, Forge Engineering, Inc. (FORGE) presents this fee estimate for performing CEI support services during construction of the proposed overpass at the subject site. Based on our prior involvement on this project and cursory review of the project plans we estimate the following services may be required of FORGE: Subject: ESTIMATED ITEM NO. OF UNITS UNIT RATE TOTAL Proctor Test 100 tests $78.00/test $7,800.00 Limerock BearinQ Ratio Test 30 tests $275.00/test $8,250.00 Plastic/LiQuid Limits Test 15 tests $65.oo/test $975.00 Carbonate TestinQ 15 tests $65.oo/test $975.00 Curing, Testing and Reporting - Concrete Cylinders, two cylinders per set (FORGE to orovide molds) 300 sets $40.oo/set $12,000.00 PDA T estinQ oer day 3 days $1,650/dav $4,950.00 CaowaD Analvsis 3 analvsis $4oo/anal. $1,200.00 Principal Engineering Technician to observe testing and batching of asphaltic concrete, Dickina uo samoles, etc. 140 hours $40.oo/hour $5,600.00 Principal Engineer time (on as needed basis) 95 hours $85.oo/hour $8,075.00 ContinQencv Fee N/A N/A $5,175.00 TOTAL: $55,000.00 6200 SHIRLEY ST., SUITE 204, NAPLES, FLORIDA 34109, (239) 514-4100, FAX (239) 514-4161, EMAlL: forgeeng@earthlink,net 5884 ENTERPRISE PARKWAY, FT. MYERS, FLORIDA 33905, (239) 693-7813, FAX (239) 693-7821, EMAlL: forgeeng@earthlink.net Agenda Item No.1 OG July 27, 2004 Page 11 of 12 We recommend for budgeting purposes for either the 30 month schedule or the 24 moth accelerated schedule you allot $55,000 for these services. The schedule will have minimal to no impact on the quantity Of testing required. The quantity of testing required is a function of the material quantities on the project and the length of the roadway. This fee estimate Is based on our experience with similar projects. The unit rates charged for these services will be in accordance with the rates provided in our Collier County Government Services contract. Our existing contract is scheduled to be replaced with a new contract this summer. The unit rates in the new contract will likely be higher then the current unit rates. This will likely cause the above estimate to be lower than the actual fee for our services on this project. We will be glad to update this estimate once our new contract unit rates have been established. Sincerely, Forge Engineering, Inc. fl/~ s~ W. Mark Spang, P.E. Vice-President fl/.attc# ~~A Matt H. Nolton, P.E, Vice-President 6200 SHIRLEY ST.. SUITE 204, NAPLES, FLORIDA 34109, (239) 514-4100" FAX (239) 514-4161, EMAlL: forgeeng@earthlink,net 5884 ENTERPRISE PARKWAY, FT. MYERS, FLORIDA 33905, (239) 693-7813, FAX (239) 693-7821, EMAlL: rorgeeng@earthlink.net 2 Agenda Item No.1 OG July 27, 2004 Page 12 of 12 ~'" EXECUTIVE SUMMARY Recommendation to award a construction contract In the amount of $35,379,910.53 to APAC-Southeast, Inc. and reserve $2,225,000 in funding allowances to construct road and utility Improvements on Vanderbilt Beach Road, from Airport-Pulling Road to just east of Collier Boulevard; Project No. 63051; Bid No. 04-3675; Fiscal Impact $37,604,910.53 OBJECTIVE: To obtain Board approval to award a contract to construct road and utility improvements to Vanderbilt Beach Road in accordance with the certified plans and specifications to the lowest responsive and responsible bidder, AP AC-Southeast, Inc. ,- CONSIDERATIONS: Five (5) bids were received on July 13.2004 for the construction of the Vanderbilt BcachRoad capacity improvement project from Airport-Pulling Road to Collier Boulevard. The lowest responsive and responsible bidder is APAC-Southeast. Inc. The low bid amount includes a bid for construction of $35.379.910.53 and an additional $2,225,000 identified by the County to manage unforeseen conditions (total $37.604,910.53). Their total bid is approximately 2.7% higher than the Engineer's e~timate, part of which may be due to increase in costs of cement and steel. This total includesthc alternate to allow the use of HOPE pipe. Subsequent to Board comments to minimize change orders. the Transportation Division is following procedures used by Public Utilities to allocate Board authorized "funding allowances" to manage unforeseen conditions during construction. Any expenditure of the proposed $2,225,000 allowance budget would only be subsequent to documented justification and County written authorization. Discussions with the Purchasing Department and the Clerk of Courts office support the use of an allowance budget to manage unforeseen conditions. The construction contract contains a provision allowing payment of anadditiona~ not-to,.cxceed maximum of $249,960 for 60-days early completion. For late completion, this contract provision also assesses a $4,166.00 per day penalty to the contractor beyond standard liquidated damages of $12,674.00 per day. The U.S. Army Corps of Engineers has indicated that the County is 2-to,..3 weeks away from receiving a permit from their agency. All other permits have been secured. In order to begin this project at the earliest possible time, staff is asking for an award of the contract contingent upon the issuan~e of the Army Corps permit. This contractor has demonstrated satisfactory performance on other projects of a similar nature in the past. The construction duration for this project is 1,020 days. - FISCAL IMPACT: The total contract award amount is for $ 35.379,910.53. Also needed is an allowance of $ 2,225,000 for this project. The available road budget for this project in fiscal year 2004 is $ 23, 150.400 with the remaining balance of roads $ 9,691,814.03 to come from fiscal year 2005. Funds for the new utility portions of the contract will come from water and sewer impact fees. $ 2,736,341.50 plus an allowance Agenda Item No. 10H July 27,2004 Page 1 of 20 of$ 50,000 will come from watcr impact fees, projcct 701501. $ 1,926,355.00 plus an allowance of $ 50,000 will come from sewer impact fees, project 720041. The purchase order will be opened in the current FY in the amount of $ 27,913,096.50 which will include the allowance of$ 2,225,000, in which utilities is sharing 100,000 and the new water and sewer lines portion. ,Aftcr October I, 2004 the purchase order will be increased the remaining balance of $ 9,691,814.03. Funding will come from Gas Taxes, Impact Fees. Water Impact Fees, and Sewer Impact Fees. Part of the FY 05 increase will include an early completion incentive bonus of $ 249,960 which will only be paid to the contractor if they complete the project within the time specified in the contract. If the incentive bonus is not paid to the contractor, these funds will be retuOled to the reserve fund they were allocated from. GROWTH MANAGEMENT IMPACT: Capacity improvements to Vanderbilt Beach Road are currently identified on the Capital Improvement Plan, CIE No. 24, and are consistent with the Growth Management Plan. RECOMMENDATION: Pending issuance of the U.S. Army Corps pcrmit. that the Board of County Commissioners award a contract to AP AC-Southeast, Inc. for the construction of capacity improvements to Vanderbilt Beach Road, Bid No. 04-3675, and authorize the Chainnan to sign the standard, County Approved construction agreement. -, - Agenda Item No, 10H July 27, 2004 Page 2 of 20 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10H This is a companion item to Item 101, Recommendation to award a construction contract in the amount of $35,379,910,53 to APAC.Southeast, tnc, and reserve $2,225,000 ,n funding allowances to construct road and utili~1 improvements on Vanderbilt Beach Road, from Airport,Pulling Road to just east of Collier Boulevard: Project No, 63051: a,d No, 04.3675: Fiscal Impact $37,604.910,53 (Norman Feder, Administrator, Transportation Services) 7/27/2004 9:00:00 AM Prepared By Lynn R. Thorpe, P.E, Transportion Services Principal Project Manager 7/14120048:09:22 AM Transportation Engineering and Construction Approved By Transportation Division Administrator Date Norm E. Feder, AICP Transportion Services Approved By Transportation Services Admin, 7/14120044:00 PM Grogg R. Strakaluse fransportion Service. Transportation Engineering! Construction Mgmt Director Transportation Engineering and Construction Dato 7/1512004 12:06 PM Approved By Executive Secretary Date Diane Penyman Transportion Services Transportalion Services Admin, 7115120044.15 PM Roy 8, Anderson, P ,E, Public Utilities Engineering Director Date Approved By Public Utilities Public Utilities Engineering 7/15120044:48 PM Date Approved By Charlene Hoglund Approved By Steve Camell Admjnistrativo Services 7/16/20049:40 AM Purchasing/General Svcs Director Dale Purchasing 7/161200410:04 AM Lisa Taylor Management/8udget Analyst Date Approved By Transportion Services Transportation Administration 7/1612004 2:54 PM Pat Lehnhard Administrative Assistant Date Approved By County Manager's Office Approved By Michael Smykowskl County Manager's Office Olllce of Management & 8udget 7116/20043:24 PM Management & Budget Director Date Office of Management & Budget 7/19/20045:50 PM Susan Usher Senior Management/Budget Analyst Date Approved By County Manager'. Ollice Office 01 Management & Budget 7120/2004 2.33 PM Approved By County Manager Date Jame. V, Mudd Board of County Commissioners County Manager's Office 7120120042:53 PM Agenda Item No, 10H July 27,2004 Page 3 of 20 ""10 C\I . ,. ., i l~ ~d! ,..~ ~~ ~ ..,. ~~ ~r-:M l.: ! !; &~5 !:''E ii-8 i~~ ct~ i I liJ lD~ 8~ a:S Ij ...8.... 1.98 ,,(\1 ~~ ? ~2:- :e=~ ~~.. .....O:-~ 01::0 "~CD :WClii1 In_O a~ .....0_ . C\I 0 o -v z~Q) E>.O'l Q) 'S co ~~a.. co '0 C Q) O'l <( ~ It ~ .. E ..It) N ..... ., i J'! ~&! ~& i s'" ~~ ~~I(') &~ !i II -I. ct~ I i ~- :1 Is Ji ..8;s i~~ ll~ ~l~ ~~.. .... . ! ~io ~~~ I-.;t'O OON ~O_ ,N 0 o -1.0 Z~Q) E>-C) Q)-CU .....:Ja. - ..., CU "0 C Q) Jf ,.. - '15 N ~ ~ .,It) N.. ~i !J II i ..,. '~~ ~...~(') L: ! ~ &~ '2 !".a :il~ l~ d:~ I ! ~i" G:l~ ~~ a:d! jJ ...~..,. 1~~ ..~~ ~r~ !ij:;.. ....ll:-! iiC; i! !~ I"" oc. T""O_ . C\J 0 Or-:<D ZC\JQ) E>-C) -co Q):Ja.. ::. CO "C C Q) C) <( ~ .. 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CONSIDERATIONS: On October 29. 2003, the County published an Invitation to Qualify (ITQ) to provide CEl services for upcoming County road projects in accordance with Florida Statute 287.055, Consultant Competitive Negotiation Act. Invitations to Qualify (ITQ) were sent out to 166 engineering firms, 2S vendors requested full proposal packages and 12 responded to the proposal. A selection committee reviewed the 12 proposals that were received by the due date of November 21. 2003 and by consensus short-listed 9 firms as qualified to receive subsequent ITN (Invitation to Negotiate). An lTN was issued on January 7, 2004 with a deadline for response of January 30, 2004 for Project 63051 Vanderbilt Beach Road Project. A Selection Committee meeting was held on March 3. 2004 , and by consensus, the finns who responded with proposals were ranked as follows: ."........... Project 63051 1. Aim Engineering & Surveying~ Inc. 2. Consul-Tech Construction Mgmt., Inc. 3. Wilson Miller. Inc. 3. HDR. Inc. Staff has succcssfullycompleted negotiations with Aim Engineering and Surveying. Inc. in the amount of $2,074,542.00 for these services. FISCAL IMPACT: Funding in the amount of $2,074,542.00 is available in Gas Taxes and Impact Fee~. Source of funds are gas taxes and impact fces. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the selection of Aim Engineering and Surveying. Inc. for award of this project contract and authori7..e the Chairman to sign a standard. County Attorney approved contract. - Agenda Item No. 101 July 27,2004 Page 1 of 2 Item Number Item Summary Meeting Date Approved By Linda Jackson Administrative Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 101 Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITQ 04,3583 .CEI Services for Collier County Road Projects. for Project No, 63051 .Vanderbilt Beach Road Six-Laning Project from Airport Road to Collier Boulevard" in the amount of $2,074,542,00 7/27/20049;00:00 AM Contracts Agent Date Purchasing 5/18/20042:22 PM Approved By Date Lisa Taylor Transportlon Services Management/Budget Analyst Transportation Administration 5/19/20041:14 PM Approved By Purchasing/General Svcs Director Date Steve Carnell Administrative Services Purchasing 5/19/20041:28 PM Approved By Dale Diane Perryman Transportlon Services Executive Secretary Transportation Services Admin, 512812004 2:03 PM Dale Approved By Norm E. Feder, AICP Transportlon Services Transportation Division Administrator Transportation Services Admin. 6111/20041:57 PM Date Approved By Roy B, Anderson, P,E, Public Utilities Public Utilities Engineering Director Public Utilities Engineering 6/23/20043:53 PM Date Approved By Pat Lehnhard County Manager's OffIce Administrative Assistant Office of Management & Budget 7/13/200410:26 AM Senior Management/Budget Analyst Date Approved By Susan Usher County Manager's OffIce OffIce of Management & Budget 7/13/2004 2:24 PM Date Approved By Michael Smykowskl County Manager's Office Management & Budget Director Office of Management & Budget 7/15120048:05 AM Dale Approved By James V, Mudd Board of County Commissioners County Manager Approved By County Manager's Office 7/15/200411:30 AM Gregg R. Strakaluse Transportlon Services Transportation Engineering! Construction Mgmt Director Transportation Engineering and Construction Date 7/8/20045:19 PM Agenda Item No, 101 July 27. 2004 Page 2 of 2 -- EXECUTIVE SUMMARY Recommendation to obtain Board approval of a Developer Contribution Agreement between Bayvest, LLC, and Ccntex Homes (collectively the "Developer"), and the County, with respect to the Heritage Bay Development THE Agreement: (1) implements certain impact fee credits set forth in a PUD Document and DRI Development Order, which were respectively approved by the County on July 29, 2003, INCLUDING REQUIRING the Developer to pay to the County within 45 days of the date of the Agreement the first $7,057.652.50 of the Heritage Bay road impact fees; (2) supplements the PUD, in that with respect to the southern boundary of the property adjacent to Immokalee Road, and 1.5 MILES OF the westcrn boundary of the property adjacent to the Collier Boulevard planned extension, instead of separate sidewalks and bike lanes as required by Section 3.2.8.3.17 of the LDC, Developer shall construct a ten-foot asphalt greenway type path, OR MAKE PAYMENT TO THE COUNTY IN LIEU OF SUCH CONSTRUCTION; AND (4) further memorializes a number of Developer commitments previously made in the PUD. - OBJECTIVE: To obtain Board approval of a Developer Contribution Agreement (the "Agreement") between Bayvest, LLC. and Centex Homes (collectively the "Developer"), and the County. The Agreement implements certain impact fee credits set forth in a PUD Document and DRI Development Order. which were respectively approved by the County on July 29. 2003, by Ordinance No. 2003-40 and Resolution 03- 255lDevelopmentOrder No. 03-01. In furtherance of the PUD Document and DRI Development Order, Developer pre-paid the Park Impact Fees to the County on September 18,2003, in the total amount of $2,800,000.00. In keeping with the PUD Document and the DR! Development Order. the Agreement requires the Developer to pay to the County within 45 days of the date of the Agreement the fIrst $7.057.652.50 of the Heritag~ Bay road impact fees for the purpose of advancing the six-Ianing of Imm.okalee Road from 1-75 to Collier Boulevard and from Collier Boulevard to the eastern boundary to the Heritage Bay project. The Agreement also supplements the PUD. in that with respect to the southern boundary of the property adjacent to Immokalee Road, and 1.5 miles of the western boundary of the property adjacent to the Collier Boulevard planned extension, instead of separate sidewalks and bike lanes as required by Section 3.2.8.3.17 of the LOC. Developer shall construct a ten-foot asphalt greenway type path. or make payment, to the County in lieu of such construction. Lastly, among other thing$. the Agreement further memorializes the following Developer commitments previously made in the PUO: (A) the Developer shall provide arteria11evel streetJighting at the project entrances; (B) the Developer shall make a fairshare contribution toward the capital cost ofa traffic signal on Irnmokalee Road and any access point(s) when. and if 4eemed warranted by Collier County; eC) the Developer shall dedicate at no cost a 100- foot right-of;.way along the western boundary of the Heritage Bay property from the southwest comer of the property north to the conservation/preserve area, which is a distance of generally I1h mile. to the County; (D) if the county acquires the needed right- of-way at the intersection of County Road 951 and lmmokalee Road (not owned or controlled by the Developer). then the Developer shan construct, at no cost to the County, for a distance of ~ mile from the intersection a 2-lane access road to arterial standards Agenda Item No.1 OJ July 27,2004 Page 1 of 13 1 - within the l00-foot dedicated right-of-way; (E) the Developer shall not request a full median opening on lmmokalee Road, nor on County Road 951, anycloscr than Y2 mile from the intersection of said roadways. except that a right-in and right-out access may be constructed on either or both of these roadways within that ~ mile distance at the 1A mile distance from the' intersection; and (F) the Developer shall not be entitled to receive building permits for more than 2,588 dwelling units (which represent 75% of the tolal approved number of dwelling units) until the first of the following ()Ccurs: (1) County Road 951 Extension is under construction to connect to Bonita Beach Road for more than ~, a mile north of its current tenninus at lmmokalee Road. or (2) after July 1, 2006 and together with the completion of the LeelCollier Project Development and Environmental Study for County Road 951 Extension and approval of the "no build" option by respective Lee and Collier County Commissions, or (3) July 1,2008. CONSIDERATION: Except for the pathways issue. the Agreement contains no terms or commiunents by either party which were not before, and approved by, the Board of County Commissioners on July 29, 2003, as part of the pun and Development Order. -, FISCAL IMPACT: As part of this agreement to mitigate for this Development, the County is receiving $7.057,652.50 in road impact fees for ImmokaJee Road widening along with a right- of-way donation for CR 951 of 100' on the western edge of their property for a distance of 1.5 miles at an estimated value of $2,890,000. The Developer will also constrUct .5 mile of a two lane CR 951 north of Immokalee Road to County standards at an estimated value of $812,000. In addition, the Developer will conSl.rUct or pay to build a pathway fronting their property as well as other Park contributions and impact fees totaling $3,517,000. GROWTH MANAGEMENT: This project is consistent with the Long Range Transportation Plan and the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves this Development Agreemenl. and authorizes the Chaionan to execute the Agreement on behalf of the County and approve any necessary budget an1cndmenls. - 2 Agenda Item No. 10J July 27, 2004 Page 2 of 13 Item Number Item Summary Meeting Date Approved By Lisa Taylor Transportion Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10J This is a companion item to 8A. Recommendation to obtain Board approval of a Developer Contribution Agreement between Bayvest, LLC, and Centex Homes (collectively the "Developer"), and the County. with respect to the Heritage Bay Development. THE Agreement: (1) implements certain impact fee credits set forth in a PUD Document and DRI Development Order, which were respectively approved by the County on July 29, 2003, INCLUDING REQUIRING the Developer to pay to the County within 45 days of the date of the Agreement the first $5,000,000.00 of the Heritage Bay road impact fees; (2) supplements the PUD, in that with respect to the southern boundary of the property adjacent to Immokalee Road, and 1.5 MILES OF the western boundary of the property adjacent to the Collier Boulevard planned extension, instead of separate sidewalks and bike lanes as required by Section 3,2,8,3.17 of the LDC, Developer shall construct a ten,foot asphalt greenway type path, OR MAKE PAYMENT TO THE COUNTY IN LIEU OF SUCH CONSTRUCTION; AND (4) further memorializes a number of Developer commitments previously made in the PUD, (Norman Feder, Administrator, Transportation Services) 7/27/20049:00:00 AM Management/Budget Analyst Date Approved By Transportation Administration 7/16/20048:28 AM Diane Perryman Transportion Services Executive Secretary Date Approved By Transportation Services Admin. 7/16/200410:39 AM Norm E. Feder, AICP Transportion Services Transportation Division Administrator Date Approved By Transportation Services Admin. 7/19/20047:42 AM Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/20/20044:19 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 7/2012004 5:23 PM Approved By Michael Smykowskl County Manager's Office Management & Budget Director Office of Management & Budget Date Approved By 7/21/200411:54 AM James V. Mudd Board of County Commissioners County Manager Date County Manager's Office Agenda}m~~~PM P~O'" ~ nf 11 DEVELOPER CONTRIBUTION AGREE.MENT HERITAGE BAY THIS DEVELOPER CONTRIBUTION AGREEMENT ("Agreement") is made and entered into this 21h day of July, 2004, by and between Bayvest. LLC, a Florida limited liability company C"Bayvest") whose address is 10491 Six Mile Cypress Parkway, Suite 101. Fort Myers, Florida. 33912-6404, and Centex Homes, a Nevada general partnership ("Ccntcx'j whose address is 5801 Pelican Bay Boulevard, Naples. Florida. hereinafter collectively referred to as "Developer," and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, AS nIE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "County." All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance. Ordinance No. 2001-13. R E C I TAL S: WHEREAS, Developer has legal control over or is the owner of approximately 2,562 acres of property in unincorporated Collier County, Florida, which is the site of a Planned Unit Development ("PUD") and Development of Regional Impact ("DRI") known as Heritage Bay PUDIDRI, whichPUD Document and DRI Development Order were respectively approved by the County on July 29, 2003, by Ordinance No. 2003-40 and Resolution 03-255/Developmcnt Order No. 03-01; and; WHEREAS, as generally set forth in Section 2.21C of the PUD and in Exhibit "An to the Heritage Bay PUD Master Plan, and as graphically rendered and legally described in Exhibit "A" herein, certain land within and along the western boundary of the PUD was reserved for future Collier Boulevard/County Road 951 by the County for additional Right of Way (hereinafter referred to as the "Dedicated Land"); and WHEREAS, Developer has agreed to waive the right to apply for a credit against any Road Impact Fees owed, for the conveyance to the County of the Dedicated Land; and WHEREAS, Developer pre-paid the Park Impact Fees to the County on September 18, 2003, in the total amount of TWO MILLION EIGHT HUNDRED nIOUSAND DOLLARS ($2,800.000.00); and WHEREAS, Developer either has legal control over, or is the record title owner of certain lands described in Exhibit uBu (hereinafter referred to as "The Development'") attached hereto and incorporated herein by reference. and upon which lands improvements have been authorized as set forth in the PUDIDRI, which upon development in the near future will be subject to the imposition of park and road impact fces~ and WHEREAS, the Transportation Administrator and Public Services Administrator have recommended to the Board of County Commissioners that the plan for donation and pre-payment of impact fees as set forth in this Agreement ("Proposed Plan") is in conformity with contemplated improvements and additions to the County's parks system and transportation network and that it will be advantageous to the public for Developer to pre-pay estimated park and road impact fees Agenda Item No.1 OJ July 27,2004 Page 4 of 13 and, to donate and contribute certain off-site right of way as describcdhercin which are required to be made pursuant to a development order; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Agreement based upon the Heritage Bay PUDIDRI approved by the County upon the, Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers. will not adversely impact the cash flow or liquidity of the County's road or park impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system and park system; c. The Proposed Plan is consistent with both the public interest and with the County's existing comprehensive plan; d.Ex:cept for the right of way donation for which impact fee credits are waived, the proposed time schedule for completion of the Proposed Plan is consistent with the most recently adopted five-year capital irnprovementprogram for the County" s transportation system and park system; and WHEREAS, Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00) application fcc for this Agreement: WITNBS SBTH: NOW, THEREFORE. in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties. and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference, as if set forth fully below. ' 2. The following commitments with respect to Transportation. set forth in Section 2.21 of Ordinance No. Q3-40. are hereby set forth and expressly made a part of this Agreement: A. The Developcr shall provide artcrial level strcct lighting at the project entrances in conjunction with the construction of same. B. The Developer shall make a fair share contribution toward the capital cost of a traffic signal on Immokalee Road and any access point(s) when, and if deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. 2 Agenda Item No.1 OJ July 27,2004 Page 5 of 13 C. The Developer shall dedicate a 100-foot right-of-way along the western boundary of the Heritage Bay property from the southwest corner of the property north to the conservation/preserve area (approximately the mid- point of Section 14), which is a distance of generally 1 Y2 mile, to the County. The Developer shall receive no impact fee credits for the dedication. The dedication shall take place within the timeframe established by Subsection 2.2.20.3.7 of the LDC. D. If the county acquires the needed right-of-way at the intersection of County Road 951 and Immokalee Road (not owned or controlled by the Developer), then the Developer shall construct for a distance of Y2 mile from the intersection a 2-lane access road within the l00-foot dedicated right-of-way. The Developer shall receive no impact fee (,-redits for the cost of such construction. The Developer shall construct this 2-lane access road to arterial standards within a multilane urban arterial cross section. E. Within 45 days of execution of this Agreement, the Developer shall prepay to the County SEVEN MILLION FIFrY SEVEN THOUSAND SIX HUNDRED FrFTY TWO DOLLARS AND FIFrY CENTS ($7,057.652.50) of the Heritage Bay road impact fees for the purpose of advancing the six laning of Immokalee Road from 1-75 to Collier Boulevard and from Collicr Boulevard to the eastern boundary of the Heritage Bay projecL Collier County has already modified the lmmokalee Road construction projecteasl of Collier Boulevard (project #60(18) to provide six lanes on Immokalee Road from Collier Boulevard past the eastern boundary of Heritage bay and has advanced the design to Fiscal Year 2005 and the construction of the six laning of lmmokalee Road from 1-75 to Collier Boulevard to Fiscal Year 2006. unless unforeseen circumstances make it impossible to mect this schedule. F. The road impact fee prepayment of SEVEN MILLION FIFfY SEVEN THOUSAND SIX HUNDRED FIFTY TWO DOLLARS AND FIFfY CENTS ($7,057.652.50) shall be applied as the first 50% payment required under Division 3.15 of the LDC to obtain Certificates of Public Facility Adequacy which Certificates shall be issued by County upon receipt of payment Supplementing this provision, Developer shall determine the mix of uses and types and number of dwelling units at the time of Prepayment, and Certificates shall be issued for those uses and types and number or dwelling units. Should Developer wish additional vesting prior to platting~ Developer may in writing request additional prepayment of road impact fees, which request may be accepted, in whole or in part~ or rejected by the County, in the County's sole and unfettered discretion. 3 Agenda Item No. 10J July 27, 2004 Page 6 of 13 G. The Developer shall not request a full median opening on Immokalee Road. nor on County Road 951, any closer than Yz mile from the intersection of said roadways. However, a right-in and right-out access may be constructed on either or both of these roadways within that 1h mile distance at the 1,4 mile distance from the intersection. H. The Developer shall not be entitled to receive building permilC; for more than 2.588 dwelling units (which represent 75% of the total approved number of dwelling units) until the frrst of the following occurs: (1) County Road 951 Extension is under construction to connect to Bonita Beach Road for more than 1/2 a mile north of its current terminus at Immokalce Road, or (2) after July 1. 2006 and together with the completion of the Lee/Collier Project Development and Environmental Study for County Road 951 Extension and approval of the "no build" option by respective Lee and Collier County Commissions. or (3) July 1. 2008. Building permits for dwelling units which meet the County's guidelines for workforce or affordable housing are exempt from and shall not be included in calculating the 2,588 dwelling unit building permit limitation. 3. The following commitments with respect to Parks and Recreation. set forth in Section 2.22B of Ordinance No. 03-40. are hereby set forth and expressly made a part of this Agreement: A. The Developer agrees to prepay $2.8 million in park impact fees to the County within 45 days of the effective date of this Agreement. This amount shall be credited against the park impact fees due from the Development Additionally, the Developer will donate $717.000 to the County for use in developing regional park facilities. This payment is in lieu of any donation to the County of any lake system, or access thereto, within the project. 4. Developer shall convey the Dedicated Land to the County in fee simple, free and clear of all liens and encumbrdDces, by statutory warranty deed. the fomi of which is attached hereto as Exhibit "C'. The County will be responsible for paying the costs of any title work and searches. and Developer shall be responsible at all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work or by the Developer's attorney opinion attached hereto as Exhibit "D". Developer will promptly provide the Office of the County Attorney with an executed deed, suitable for recording. Upon receipt, the County shall record the deed in the Public Records of the County and shall assume the costs associated with the recordation. 5. Prior to providing the executed deed, Developer will provide attorneys' opinions identifying the record owners of the Dedicated Land, setting forth the authority of the record owner to enter into this Agreement, and identifying any lien holders having a lien or encumbrance on the Dedicated Land. The opinion will specifically describe each of the recorded instruments under which the record owner holds title, each lien or encumbrance. and cite appropriate recording information and incorporate by reference a copy of all such referenced instruments. The attorneys' 4 Agenda Item No. 10J July 27, 2004 Page 7 of 13 opinions will also set forth the legal authority of Michael Hueniken to execute this Agreement on behalf of the Developer. 6. The parties acknowledge that the conveyance of the Dedicated Land is characterized as property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 7. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 8. The County acknowledges that the adoption of the Heritage Bay PUDIDRI established development standards for sidewalks and bicycle paths within the Heritagc Bay PUD. The developer acknowledges the requirement of LDC section 3.2.8.3.17 for the construction of a sidewalk or bike path for those portions of the development adjacent to an artcrial roadway. The county has requested and the developer has agreed that the construction of a pathway system running on the north side of Immokalee Road, north of the canal and within the water management district right of way adjacent to Heritage Bay, would meet the requirements of Section 3.2.8.3.] 7. The developer may either install this pathway or make a payment in lieu of to the County (estimated at this time to be $250.000 for the Immokalec Road pathway). If the developer elects to make the payment in lieu of to the County, then the developer and the county staff must ah~ec to the cost of the construction including design, permitting, installation, and construction management. Thc dcvcloper has 150 days from the datc of this agreement to notify the County in writing of his election. If the developer elects to make a payment in lieu of to the County, then the payment must be negotiated with the County staff and paid within 45 days of election. The installation of the pathway will occur in conjunction with the widening project and must be completed within 60 days of the completion of the Immokalcc Road improvements. The county agrees to issue plat approvals and building permits for construction within Heritage Bay prior to the installation of the pathway system. The pathway system will be 10 feet in width and run the length of Heritage Bay adjacent to Immokalee Road. Actual design specifications will be based upon those utilized by the county for similar pathway projects constructed in the area. As stated in Paragraph 2.C, the developer has agreed to dedicate 100 feet of right-of;.way along the western boundary of the Heritage Bay property. The purpose of this is to allow the possible extension of County Road 951 north, of Immokalee Road. In addition to other commitments made herein relative to that donation. the county and the developer agree that the eastern most 10 feet of that 100 foot dedication maybe used by the county for the creation of a pathway transportation system. If the county chooses not to use that portion of the 100 foot right- of-way then the county waives any right to request additional right-of-way from the developer relative to the pathway program. It is further agreed by the county and the developer that the developer will be responsible for the installation of the first half mile of the pathway system with that construction being made simultaneous to the construction of the two lane arterial extension of County Road 951 as required by this development agreement. Design shall be for a 10 foot wide pathway utilizing design specifications as for similar pathway projects installed by the County in the area, It is also agreed, that if County Road 951 is extended beyond the one half mile point. the developer will either construct or make a payment in lieu of to the County for use in constructing an additional one mile pathway system in lieu of any requirement for the establishment of sidewalk 5 Agenda Item No, 10J July 27, 2004 Page 8 of 13 and bikepaths by the developer adjacent to this future arterial as maybe required by the current LDC or future LDC Standards. This provision regarding the pathway system shall expire and be null and void if the county has not issued a notice to proceed for the construction for this 951 extension by 201~ or the time of application for the final SDP within Heritage Bay or which ever occurs first. Plat approvals and building permits will be issued in recognition of these commitments. The developer agrees to connect the sidewalks identified in thePUD's bicycle and pedestrian plan to the internal roads and bridges connecting to Immokalee Road. Said sidewalks wiUbe 6 feet wide and on each side of each bridge and will meet the requirements of the ADA. 9. The credit for the Impact Fees for the specific Public Facility identified in this Agreement shall run with the land of The Development and shan be reduced by the entire amount of the Impact Fee for that Public Facility due for each Building Permit issued thereon until the Development project is either completed or the credits arc exhausted or are no longer available, or have been assigned by operation of or pursuant to an assignment agreement with the County. The foregoing reduction in the Impact Fee credit shall be calculated based on the amount of the Impact Fees for that Public Facility in effect at the time the Building Permit is applied for. The credit shall specify the specific type of Public Facility Impact Fee to which it shall apply (roads or parks) and shall not apply to any other type of Public Facility Impact Fee. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shan inure to, all successors in interest to the parties to this Agreement. 10. The amount of the impact fee <.-redits to be granted under this agreement is SEVEN MILLION FIFfY SEVEN THOUSAND SIX HUNDRED FlFfY TWO DOLLARS FIFfY CENTS ($7,057,652.50) for the Road Impact Fee Prepayments and TWO MILLION EIGHT HUNDRED THOUSAND DOLLARS ($2,800,000.00) for the Parks Impact Fee Prepayments. Attached hereto as Exhibit "E". in recognition of the developer contribution herein, is a copy of the Impact Fee Ledger setting forth the amount of Impact Fee Credits granted pursuant to this Agreement. 11. Not later than 90 days prior to the expiration of the three year period for the Certificates. the County shall notify the Developer via registered mail of the remaining balance due for the estimated transportation impact fees for which Certificates have been issued, based on level of building pennits already issued. The balance of the impact fees due for this Certificated will be calculated at the rate schedule then cUlTCntly applicable. The Developer may elect to pay the balance of the e..c;timated transportation impact fees for the entitlements for which the Certificates apply or modify the Certificates to a lesser entitlement and calculate the balance of the triulsportationit1'1pact fees on the revised entitlements. The Certificates shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. Once the balance of the estimated transportation impact fees are paid. those estimated fees are non- refun.dable. However, the Certificates ruil continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As. building permits are drawn down on the entitlements. the estimated transportation impact fees already paid shall be debited at a rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, the Developer shall pay the currently applicable transportation impact fee for 6 Agenda Item No.1 OJ July 27,2004 Page 9 of 13 each building permit in full prior to its issuance. In the event that upon build-out of the development estimated transportation impact fees are still unspent. the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent. transportation impact fee district. provided any vested entitlemenl~ associated with the unspent and transferred transportation impact fees are relinquished and the Certificates are modified to delete those entitlements. 12. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions. terms or restrictions. 13. The performance and execution of this 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 "F" attached hereto and incorporated herein by reference. 14. In the event state or federal laws arc enacted after the execution of this Agreement. which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is ne.cessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 15. Except as othelWise provided herein, this Agreement shall only be amended or cancelled by m\1tual written consent of the parties hereto or by their successors in interest. 16. This Agreement shall be recorded by the County in the Official Records of Collier County. Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A copy of the recorded do(..'Ument will be provided to Developer upon request. 17. In the event of a dispute under this Agreement, the parties shall first use the County's Alternative Dispute Resolution Procedure as described in Exhibit "G". Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier' County to enforce the terms of this, Agreement, said remedy being cumulative ,with any and all other remedies available to the parties for the enforcement of this Agreement. 18. Any future reimbursement for excess credits shall come from future receipts by the County of Park and/or Road Impact Fees. However, no reimbursement shall be paid until such time as all development" as defined by the Transportation Administrator and/or Public Services Administrator. at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the Development 19. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report 'the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of 7 Agenda Item NO.1 OJ July 27,2004 Page 10 of 13 Commissioners finds. on the basis of substantial competent evidence. that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. IN WITNESS WHEREOF. the parties hereto have caused this Agreement 'to be ex.ecuted by their appropriate officials. as of the date first above written. Attest: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA. By: . Deputy Clerk By: DONNA FIALA. Chairman WITNESSES: BAY VEST, LLC. a Florida limited liability company By: Print Name: Michael Hueniken Bayhome USH, Inc. Managing Member Its: Vice President Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this_day of . 2004. by Michael Hueniken, as Vice President of Bayhome USH, Inc., Managing Member of Bayvest, LLC. He is [ ] personally known to me, or [J has produced driver's license no. as identification. NOTARY PUBLIC (SEAL) Name: (Type or Print) My Commission Ex.pires: 8 Agenda Item No.1 OJ July 27,2004 Page 11 of 13 WITNESSES: CENTEX HOMES, a Nevada general partnership By: Print Name: Centex Real Estate Corporation, A Nevada Corporation. Its managing member Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this_day of 2004, by , as of Centcx Homes. He is [ ] personally known to me, or [ ] has produced driver's license no. as identification. NOTARY PUBLIC (SEAL) Name: (Type or Print) My Commission Expires: Approved as to form and legal sufficiency: Jeffrey A. KlalZkow Assistant County Attorney 9 Agenda Item No, 10J July 27,2004 Page 12 of 13 LIST OF EXHIBITS ATfACHED TO AGREEMENT ~OBEF~AUZEDATF~ALDRAFO Exhibit .'N' Legal Description of Dedicated Lands and graphic rendering of the Development. Exhibit "B" Legal description of Heritage Bay PUDIDRI. Exhibit"C" Statutory Warranty Deed Exhibit "D" Attorneys Title Opinion Exhibit "E" Impact Fee Credit Ledger Exhibit "F' A Copy of the Risk Management Guidelines applicable to this Agreement Exhibit "0" Collier County's Alternative Dispute Resolution Procedure 10 Agenda Item No.1 OJ July 27,2004 Page 13 of 13 1""-,-, Executive Summary Recommendation to approve Professional Service Agreement No. 04-3553 in the amount of $2,264,000 with CH2MH1LL, Inc., for the design of Collier Boulevard Improvements from US 41 to Davis Boulevard, Project No. 60001. OBJECTIVE: To receive Board approval of the negotiated contract for Engineering and Pennitting Services to be provided by CH2MHill. Inc.. for capacity improvements to Collier Boulevard, Project No. 60001. ,- CONSIDERA nON: The Board of County Commissioners approved the 5 Year Transportation Work Program at their workshop on December 20,2002. The approved Work Program incluc;1ed capacity improvemenll; to Collier Boulevard from US 41 to Davis Boulevard (widening from 4 to 6 lanes, bike lanes. sidewalks, drainage, road lighting and signalization). A Request for Proposal (RFP #03-3553) was issued on July 14, 2003 for the pwposc of establishing a contract with a consulting firm capable to provide professional design services to the County for the proposed project. on October 14, 2003, the Board of County Commissioners approved the Selection Committee's ranking of consulting firms for contract negotiations, agenda item (16)(B)(3), with CH2M Hill, Inc. ranked first of the three firms. Transportation Engineering & Constroction Management Department would like to allocate $ 5,000 to cover small incidentals in this project (mailing. printing of bid awards, newspaper ads, etc.). FISCAL IMPACT: A BudgetAgreement is needed from 313 Reserves in the amount of $ 348.698. Source of funds are Gas Tax Reserves. GaOWTH MANAGEMENT IMPACT: Capacity improvements to Collier Boulevard arecurtently identified on the Capital Improvement Plan. CIE # 86. and are consistent with the Growth Management Plan. ,-... RECOMJ.\'IENDATION: That the Board of County Commissioners approve the attached Professional Services Agreement No. 04-3553 with CH2MHill, Inc., in the amount of $2,264,000 for design and engineering services for roadway and capacity improvements to Collier Boulevard from US 41 to Davis Boulevard, approve the necessary Budget Amendment, and authorize the Chairman to execute the agreement on behalf of the County. Agenda Item No.1 OK July 27, 2004 Page 1 of 81 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10K Recommendation to approve Profess,onal Services Agreement No,04-3553 '" the amount of $2,264,000 with CH2MHILL, Inc,. for the design of Collier Boulevard improvements from US41 to Davis Boulevard, PCOJl!~1 No, 6000 1. 7/27/20049:00:00 AM Prepared By TadPluc Transportion Services Project Manager 6129120042:25:15 PM Transportation Engineering and Conswction Eugene Calvert Date Approved By Transportations Services Principsl Project Manager Transportation Engineering and ConstNction Management 6129120042:53 PM Nann E, Feder, AICP Transportation Division Administrator Date Approved By Transportion Services Transportation Services Admin, 7/1/2004 3:52 PM Linda Jackson Contracts Agent Date Approved By Administrative Service. Approved By Purchasing 7113120049:51 AM Gregg R. Slrakaluse Transportion Services Transportation Engineering! Conswction Mgmt Director Transportation Engineering and Conswction Dale 7114J2004 3:53 PM Pat Lehnhan! Administrative Assistant Dale Approved By County Manage"s Office Office of Managemenl & Budget 7/15120043:40 PM Susan Usher Senior Management/Budget Analysl Date Approved By County Manag....s Offica Office of Management & Budget 7116120049.31 AM Michael Smykowski Management & Budget Oireclor Date Approved By County Manager's Office Office of Management & Budget 7/1612004 3:58 PM County Manager Date Approved By Jam.. V. Mudd Boan! of County Commissioners County Menage"s Office 7/16120044:11 PM Lisa Taylor MenagementlBudget Analyst Date Approved By Transportion Services Transportation Administration 7/7120045:18 PM Diane Penyman Executive Secretary Date Approved By Transportion Sel'\lice. Transportation Services Admin, 7181200411:10 PM Diane Penyman Executive Secretary Date Approved By Transportion Services Transportation Services Admin. 7/81200411:10 PM Agenda Item No, 10K July 27,2004 Page 2 of 81 . ._-,"~".........~;;,...__---.....-,-":,,,-._",' Contract 04-3553 COLLIER BOULEVARD FROM U.S. 41 TO DAVIS BOULEVARD COLLIER COUNTY PROJECT NO. 60001 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of 2004 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER") and CH2M Hill, a Florida corporation, authorized to do business in the State of Florida, whose business address is 4350 West Cypress Street, Suite 600, Tampa, Fl 33607 (hereinafter referred to as the "CONSUL TANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional Design & Permitting services of the CONSULTANT concerning Collier Boulevard from U.S. 41 to Davis Boulevard (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: Agenda Item No.1 OK July 27,2004 Page 3 of 81 "........." ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1,1. CONSULTANT shall provide to OWNER professional Design & Permitting services in all phases of the Project to which this Agreement applies, 1,2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3, The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to owner. - 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANTs project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers Plferth~ It~fNIOvur~NT, July 27,2004 2 Page 4 of 81 acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSUL TAN- agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT, 1.7, The CONSULTANT has represented to the OWNER that it has expertise in the type or professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proppr performance of the CONSULTANT's obligations hereunder, or in ~geR8Wftsnf'N~cti6~1 or July 27,2004 3 Page 5 of 81 legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph, ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein, These services will be paid for by OWNER as indicated in Article Five and Schedule B, The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Providing renderings or models for OWNER's use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow afldl~~ ~I~~~ns, July 27,2004 4 Page 6 of 81 rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing, 2.5. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2,6, Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein, 2,8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2,9 Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted Professional practice, ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"), The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANTs services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that 5 Agenda Item No, 10K July 27,2004 Page 7 of 81 would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a}fhe scope of services to be provided and perfo rmed by the CONSU L T ANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3,2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints. space, capacity and performance requirements, flexibility and expand ability. and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANTs disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications. shop drawings, product literature, previous reports and any other data relative to the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 6 Agenda Item No, 10K July 27,2004 Page 8 of 81 4,1, Services to be rendered by CONSULTANT shall be commenced subsequent to thE' execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C, Time is of the essence with respect to the performance of this Agreement. 4,2, Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay, 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER win be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within a maximum period of twenty four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period, plus all time extensior granted by OWNER to CONSULTANT, Agenda Item No, 10K July 27, 2004 7 Page90f81 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule, ARTICLE FIVE COMPENSATION 5,1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a pa~ hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1, CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documenta~erwm ~~If ~~~a~~ by 8 Page 10 of 81 CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours, ARTICLE EIGHT INDEMNIFICATION 8,1. The CONSULTANT in consideration of $100,00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder, The CONSULTANT'S obligatio'" under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8,2, CONSULTANT acknowledges that the general conditions of any contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1, CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9 Agenda Item No.1 OK July 27, 2004 Page 11 of 81 ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10,1, The services to be performed hereunder shall be performed by CONSU L T ANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER, No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11 ,1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE lWELVE TERMINATION OR SUSPENSION 12,1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or di rectors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perf~lMjica~ ~h~rms July 21, -2004 10 Page 120f81 or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days writte notice of the material default. 12,2. If, after notice of termination of this Agreement as provided for in paragraph 12,1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12,3, below. 12,3, OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSU L T ANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to th portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. 12,5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days pr; written notice of such suspension, If all or any portion of the services Wg'enda~OOWfJJB,8f~~der July 27,2004 11 Page 13 of 81 are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein, ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1, CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13,2, In accordance with provisions of Section 287,055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14,1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. 12 Agenda Item No.1 OK July 27, 2004 Page 14 of 81 ARTICLE FIFTEEN MODIFICATION 15,1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16,1, All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Steve Carnell, Director of Purchasing Fax: 941-732-0844 16.2, All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: CH2M Hill' 3450 W. Cypress Street, Suite 600 Tampa, FL 33607 16,3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN M ISCELLAN EOUS 13 Agenda Item No. 10K July 27, 2004 Page 15 of 81 17,1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17,2, No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party, 17,3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17,5, The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17,6. This Agreement, initially consisting of 71 numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18,1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws. rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to 14 Agenda Item No, 10K July 27,2004 Page 16 of 81 this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida, IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Collier Boulevard from U.S. 41 to Davis Boulevard the day and year first written above, ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS FOF COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Date: By: Chairman Approved as to form and legal sufficiency: Assistant County Attorney Name of Company By: Witness 15 Agenda Item No. 10K July 27, 2004 Page 17 of 81 Witness Typed Name and Title (CORPORATE SEAL) 16 Agenda Item No, 10K July 27, 2004 Page 18 of 81 SCHEDULE A SCOPE OF SERVICES See attached pages A-1 through A-33 17 Agenda Item No, 10K July 27,2004 Page 19 of 81 SCHEDULE B BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein in Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services". B.1.2. Payment For Basic Services under Schedule A shall be paid on a lump sum basis in accordance with Schedule C milestones. B.2.1. As consideration for providing properly approved Additional Services set forth in Article Two of this Agreement, OWNER agrees to pay and CONSULT ANT agrees to accept payment as a lump sum, or on a time and reimbursable cost basis. Payments for properly approved Additional Services shall be made monthly either as a lump sum, or on a time and reimbursable cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services or Additional Services, in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Basic Services; 18 Agenda Item No. 10K July 27, 2004 Page 20 of 81 (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regul. rates; and (d) expenses for renderings, models and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. 8.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved, in writing, by the County. 8.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. 8.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for 8asic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule 8 are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. 19 Agenda Item No. 10K July 27,2004 Page 21 of 81 END OF SCHEDULE B. 20 Agenda Item No. 10K July 27, 2004 Page 22 of 81 SCHEDULE 8 - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES See Attached pages 8-1 through 8-6 21 Agenda Item No. 10K July 27, 2004 Page 23 of 81 SCHEDULE B - ATTACHMENT 8 CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE See Attached page 8-7 22 Agenda Item No. 10K July 27, 2004 Page 24 of 81 SCHEDULE C PROJECT SCHEDULE Milestone: Contract Day: Phase I Plans 150 Right of Way Maps, Parcel Sketches and 270 Descriptions Phase II Plans 270 Complete Permit Applications 360 Phase III Plans 420 Phase IV Plans 540 23 Agenda Item No. 10K July 27. 2004 Page 25 of 81 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or thei r equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant! Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor/Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 24 Agenda Item No. 10K July 27, 2004 Page 26 of 81 (7) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to tl". limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor/Consultant!Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X_ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant! Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: 25 Agenda Item No. 10K July 27. 2004 Page 27 of 81 a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee _x_ $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes No .. (1) Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed opeM~~~~ and 26 Page 28 of 81 Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptanc: by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _X_General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 50,000 $500,000 $500,000 $500,000 $500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. ~. 27 Agenda Item No. 10K July 27,2004 Page 29 of 81 (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. _ Applicable _X_ Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. _ Applicable _X_ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. _ Applicable _X_ Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are benefi~~WdcPft~~J,~~Iff~nce, July 27, 2004 28 Page 30 of 81 until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) 80iler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation A~ntllii~&'TW1f\ft9.9~~wmce July 27,2004 29 Page 31 of 81 by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. N/A _ All Risk Policy - $1,000 maximum deductible _ All Risk Policy - Maximum deductible of $ _ Flood Policy - $1,000 maximum deductible _ Flood Policy - Maximum deductible of $ AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes No 30 Agenda Item NO.1 OK July 27,2004 Page 32 of 81 (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: _X_ Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant!Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes No 31 Agenda Item No. 10K July 27, 2004 Page 33 of 81 (1) Professional Uability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _X_ $1 ,000,000 each claim and in the aggregate _ $2,000,000 each claim and in the aggregate -$ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant!Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. 32 Agenda Item No. 10K July 27,2004 Page 34 of 81 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, CH2M Hill hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Design & Permitting are accurate, complete and current as of the time of contracting. CH2M Hill, Inc. BY: TITLE: DATE: 33 Agenda Item No. 10K July 27,2004 Page 35 of 81 EXHIBIT A SCOPE OF SER VICES: ENGINEERING AND PERIvIITTING SERVICES FOR CAPACITY IMPROVEMENTS TO COLLIER BOULEV ARD (CR 951) (FROM US 41 TO DAVIS BOULEVARD) Agenda Item No. 10K July 27,2004 Page 36 of 81 2 PROJECT DESCRIPTION 2.1 Roadway 2.2 Drainage 2.3 Utility Coordination 2.4 Permits 1 PURPOSE 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 3 CONTENTS I 2 2 2 Structurcs 2 Signing and Pavemerll Markings Signals 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 Lighting Landscape Architccture Survcy - Sce Sub-Consultant (Wilson Millcr) Scope of Work PhOIOh'Tammctry (Not applicablc to this project) Mapping- Scc Sub-Consultant (Wilson Millcr) Scope of Work GCOlCchnical- See Sub-Consultant (Forge) Scope of Work Architecture (Not applicable 10 this projcco Joint Project Agreements Specifications Packagc Project Schcdule Submiuals Provisions for Work Services to be Performed by Ihe COUNTY PROJECT GENERAL TASKS 5 6 6 6 7 7 7 3.1 Public Involvement 3.2 Joint Project Agreements 3.3 Specifications Package Preparation 3.4 Contract Maintenance 3.5 Coordination Meetings 3.6 Prime Projcct Manager Mcctings 4 ROADWA Y ANALYSIS 4.1 Typical Section Package 4.2 Pavement Design Package 4.3 Access Management 4.4 HorizontalNertical Masler Desil:,'fl Files 4.5 Cross Section Design Files 4.6 Tramc Control Analysis 7 7 7 8 8 8 Agenda Item NOfi 1 OK JUly "l./, 2004 Page ~-et 81 4.7 4.8 4.9 4.10 4.11 Master TCP Design Files Design Variations and Exceptions. Design Report Computation Book and Quantities Cost Estimate Technical Special Provisions Field Reviews Technical Meetings Quality Assurance/Quality Control Independent Peer Review-(Not applicable to this project) Supervision Coordination 8 8 8 9 9 9 9 9 9 9 9 10 4.12 4.13 4.14 4.15 4.16 4.17 4.18 5 ROAD\,V A Y PLANS 5.1 Key Sheet 5.2 Summary of Pay hems Including Quantity Input 5.3 Drainage Map 5.4 Interchange Drainage Map (Not applicable to this project) 5.5 Typical Section Sheets 5.6 Geneml NOles/Pay Ilem NOles 5.7 Summary of Quantities 5.8 Box Culvert Data Sheet 5.9 Bridge Hydraulics Recommendation Sheets 5.10 Summary ofDminage Structures 5.11 Optional Pipe/Culvert Material (Not applicable to this project) 5.12 Project Layout 5.13 PlanlProfile Sheet 5.14 Profile Sheet (Not applicable to this project) 5.15 Plan Sheet (Not applicable to this project) 5.16 Special Profile 5.l7 Back of Sidewalk Profile Sheet (NOl applicable to this project) 5.18 Interchange Layout Sheet (Not applicable to this project) 5.19 Ramp Tcrminal Dctails (Plan View) (Not applicable to this projcct) 5.20 Intersection Layout Details 5.21 Miscellancous Detail Sheets 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 11 11 Agenda Item Nq'11 OK July 27,2004 Page 3'8~ 81 5.22 Drainage Structure Sheet 5.23 Miscellaneous Drainage Detail Sheets 5.24 Lateral Ditch PlanlProfile (Not applicable to this project) 5.25 Lateral Ditch Cross Sections (Not applicable to this project) 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 5.36 5.37 5.38 5.39 5.40 5.41 5.42 RelentionlDetention Ponds Detail Sheet Retention Pond Cross Sections 11 11 11 11 11 11 11 11 11 11 11 11 II 11 11 11 11 Cross-Section Pallem Sheet (Not applicahle to this project) Roadway Soil Survey Shect Cross Sections Traffic Control Plan Sheets Traffic Conlrol Cross Section Sheets (Not applicable to this project) Traffic Conlrol Detail Sheets Utility AdjustITICnt Sheets Selective Clearing and Grubbing (Not applicable to this project) Erosion Control Plan SWPPP Project Control Network Sheet Interim Standards (Not applicable to this project) Utility Verification Sheet (SUE Data) (NOl applicable to this project) Quality Assurance/Quality Conlrol Supervision 11 11 6 DRAINAGE ANAL YSlli 6.1 Determine Base Clearance Water Elevation 6.2 Pond Siting Analysis and Report 12 6.3 Design of Cross Drains 12 6.4 Design of Roadway Dilches 12 6.5 Design of Outfalls 12 6.6 Design of SlOnnwater Management Facility (Offsite Pond) 12 6.7 Design of Stonnwater Management Facility (Roadside Ditch as Linear Pond) 12 6.8 Design of Flood Plain Compensation Area 12 6.9 Design of Stonn Drains 12 6.10 Optional Culvert Material (Not applicable to this projcct) 12 6.11 French Drain Design 12 6.12 Drainage Wells (Not applicable to this projeCl) 12 6.13 Drainage Design Documentation Report 13 6.14 Bridge Hydraulic Report 13 6.15 Cost Estimate 13 6.16 Technical Special Provisions 13 6.17 Field Reviews 13 6.18 Technical Mectings 13 6.19 Quality Assurance/Quality Conlrol 13 6.20 Independent Peer Review Agenda Item Nq.J 1 OK July 27, 2004 Page ggI~f 81 13 14 6 T1 Supervision Coordination 6.21 7 UTILITIES 14 7.1 Kickoff Meeting 14 7.2 Identify Existing UAO(s) 14 7.3 Make Utility Contacts 14 7.4 Exception Coordination (Not applicable for this project) 14 7.5 Preliminary Utility Meeting 14 7.6 IndividuallField Mcctings 14 7.7 Collect and Review Plans and Data from UAO(s) 14 7.8 Suhordination of Easements Coordination (Not applicable for this project) 15 7.9 Utility Design Meeting 15 7.10 Review Utility Markups and Work Schedules and Processing of Schedules and Agreements 15 7.11 Utility CoordinationlFollow up 15 7.12 Utility Constnlclability Review 15 7.13 Additional Uti lity Services 15 7.14 Processing Utility Work by Highway Contractor (UWHC) (Not applicable for this project> _15 7.15 Contract Plans lO UAO(s) 15 7.16 Certification/Close-Out 15 8 ENVIRONMENTAL PERMrI'S 16 8.1 Preliminary Project Research 16 8.2 Complete Pennit Involvement Form 16 8.3 Establish Wetland Jurisdictional Lines 16 8.4 Agency Verification of Wetland Data 16 8.5 Complete and Submit All Required Pennit Applications 16 8.6 Prepare Dredge and Fill Sketches (Not applicable for this projcct) 17 8.7 Prepare USCG Permit Sketches (Not applicable for this project) 17 8.8 Prepare Easement Sketches (Not applicable for this project) 17 8.9 Prepare Right-Of- Way Occupancy Sketches (Not applicable for this projcct> 17 8.10 Prepare Coastal Construction Control Line (eCCL) Permit Sketches (Not applicable for this project> 17 8.11 Prepare Tree Permit Information (Not applicable for this project> 17 8.12 Mitigation Coordination and Meetings 17 8.13 Mitigation Design 17 8.14 Environmental Clearances 17 8.15 TechnicaJMeetings 18 8.16 Quality Assurance/QuaJity Control 18 8.17 Supervision Agenda Item Nqg1 OK July 27,2004 Page 4f;-({f 81 20 Agenda Item No. 10K July 27,2004 Page ~'& 81 8.18 Coordination 9 STRUCTURES. SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS 9.1 Index of Drawings 9) Project Layout 9.3 General NOles and Bid Ilem Notes 9.4 Incorporate Florida DepanmcnI of Transporlalion Standards 9.5 Incorporate Repon of Core Borings 9.6 Existing Bridge Plans 9.7 Compulation Book and Quantities 9.8 Cost Estimate 9.9 Technical Special Provisions 9.10 Field Reviews 9.11 Technical Mcclings 9.12 Quality Assurance/Quality Control 9.13 Independent Pccr Review (Not applicable for this projeco 9.14 Supervision 9.15 Coordination 10 STRUCTURES. BRIDGE DEVELOPMENT REPORT General Requirements 10.1 Bridge Geomelry 10.2 Ship Impact Data Collection (Not applicable for this project) 10.3 Ship Impact Criteria (NOI applicable for this project) SuperstOlcturc Alternatives 10.4 Short Span Concrete 10.5 Medium-Span Concrete (Not applicable for !his project) 10.6 Long Span Concrete (Not applicable for this projcct) 10.7 Structural Steel (Not applicable for this project) Foundation and Substructure Alternatives 10.8 PierlBelll Type 10.9 Shallow Foundation (Not applicable for this projcco 10.10 Deep Foundations Movable Span and tasks 10.11 - 10.23. 10.41 - 10.48 arc not applicable for Ihis proiect. Other BDR Issues 10.24 10.25 10.26 10.27 Aesthetics (Assumed conventional design) TCP/Slaged Construction Requirements Constructability Requirements Abutment Slope/Wall Evaluation 18 18 18 18 18 18 18 18 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 20 20 10.28 Quantity and Cost Estimatcs 10.29 Quantity and Cost Estimates - Movable Span (Not applicable for this project) 10.30 Wall Type Justification (Within BDR(s)) Rcport Preparation 10.31 Exhibits 10.32 Exhibits - Movable Span (Not applicable for this projcct) 10.33 Report Preparation 10.34 Report Preparation - Movable Span (Not applicable for this project) 10.35 BDR Submiual Package Preliminary Plans (Assumes 300/,; plans included with BDR subminall 10.36 General Notes Sheets 20 20 20 20 20 20 20 20 20 20 20 10.37 10.38 10.39 10.40 Plan and Elevation Sheets Construction Staging Superstructure Section Sheets Substructure Section Shects 20 20 20 20 11 STRUCTURES - TI':MPORARY BRIDGE 11.1 Overall Bridge Final Geometry 20 20 20 20 11.2 11.3 11.4 11.5 11.6 11.7 11.8 General Plan amI Elevation Miscellaneous Details 20 End Bent Structural Design End Bent Details Intennediate Bent Structural Design Intennediate Bent Details Foundation Design (Not applicable for this project) 20 20 20 20 12 STRUCTURK~ - SHORT SPAN CONCRETE BRIDGE 21 General Lavout Desi!:n and Plans 12.1 Overall Bridge Final Geometry 12.2 Expansion/Contraction Analysis (Not applicable for this project) 12.3 General Plan and Elevation 12.4 Construction Staging (Not applicable for this project) 12.5 Approach Slab Plan and Details 12.6 Miscellaneous Details End Bent Design and Plans 12.7 End Bent Geometry 12.8 End Bcnt Structural Design 12.9 End Bent Plan and Elevation 12.10 End Bcnt Details 21 21 21 21 21 21 21 21 21 21 21 21 Agenda Item No. 10K July 27,v2004 PageAtL'~ 81 Intermediate End Bent Desil!n and Plans 12.11 Bent Geometry 12.12 Bent Stabi Ii Iy Analysis 12.13 Bent Structural Design 12.14 Bent Plan and Elevation 12.15 Bent Details Miscellaneous Substructure Design and Plans 12.16 Foundation Layout Supcrstmcture Design and Plans 12.17 Finish Grade Elevalion Calculation 12.18 Finish Grade Elevations Cast-in-Place Slab Bridges and lasks 12.19 - 12.21 arc nOl applicable for this proiect Prestressed Slab Unit Bridges 12.22 Prestressed Slab Unit Design 12.23 Prestressed Slab Unit Layout 12.24 PrestresslXl Slab Unit Details and Schedule 12.25 Deck Topping Reinforcing Layout 12.26 SuperslnJctllfe Sections and Details Reinforcing Bar Lists 12.27 Reinforcing Bar List Load Rating and task 12.28 is not applicable for this proiect. 13 STRUCTURES - MEDIUM SPAN CONCRKfE BRIDGE and tasks 13.1 - 1353 arc not applicable for this project. 14 STRUCTURES - STRUCTURAL STEEL BRIDGI<: and tasks 14.1 - 14.61 arc not applicable for this project. 15 STRUCTURES - SEGMENTAL CONCRETE BRU>GE and tasks 15.1 - 15,78 arc not applicable for this project. 16 STRUCTURES - MOVABLE SPAN and tasks 16,1 - 16.102 arc not applicable for this projCCI._22 17 STRUCTURES - RETAL"lNG WALL General Requirements 17.1 17.2 Key Sheets Horizontal Wall Geomclry Pcrmanent Proprietary Walls and ta<;ks 17.3 - 17.6 arc not applicable for this proiect. Temporary Proprictary Walls and ta"ks 17,7 - 11,10 arc not applicable for this proiect. Ca<;t-In-Place Retaining Walls 11.11 Design 11.12 Vertical Wall Geometry 21 21 21 21 21 21 21 21 21 21 21 21 21 21 22 11 22 'Yl ,.,,., 22 22 22 22 22 22 22 22 22 22 22 22 22 '1') Agenda Item NO~ 1 OK July 2~ 2004 page\4;,JM 81 17.13 General NOles 17.14 Wall Plan and Elevations (Control Drawings) 17.15 Sections and Details 17.16 Reinforcing Bar List Other Retaining Walls and tasks 17.17 - 17.21 arc not applicable for this project. 22 22 22 23 23 18 STRUCTURES - MISCELLANEOUS 23 Concrete Box Culverts and tasks 18.1 - 18.2 are not applicable for this project 23 Strain Poles and tasks 18.3 - 18.4 arc not applicable for this proiect. 23 Mast Anns 23 18.5 Mast Anns (2 special mast anns are assumed for detennining fee estimate) 23 Overhead/Cantilever Sign SlnJcture and tasks 18.6 - 18.10 arc not applicable for this project. 23 Hi~h Mast Light Foundations and task 18.11 is not upplicable for this project. 23 Sound Barrier Walls (Ground Mounll and tasks 18.12 - 18.18 are not applicable for this proiect. 23 Special Structures and task 18.19 is not applicable for ulis proiect. 23 19 SIGNING AND PA VEMENT MARKING ANAL YSlS 19.1 Tramc Data Analysis 19.2 No Passing Zone Study (Not applicable for Ihis project) 19.3 Reference and Ma<;ter Design File 19.4 Multi-Post Sign Support Calculations 19.5 Sign Pancl Design Analysis 19.6 Sign Lighting/Elcctrical Calculations 19.7 Quantities 19.8 Computation Book 19.9 Cost Eslimates 19.10 Technical Special Provisions 19.11 Field Reviews 19.12 Technical Meetings 19.13 Quality Assurance/Quality Control 19.14 Independent Peer Review (Not applicable to this project) 19.15 Supervision 19.16 Coordination 23 23 23 23 24 24 24 24 24 24 24 24 24 25 25 25 25 20 SIGNING AND PA VEMENT MARKING PLANS 20.1 Key Sheet 20.2 Summary of Pay Items (Not applicable to this project) 20.3 Tabulation of Quantities 20.4 General NoteslPay Item Notes 20.5 Project Layout (Not applicable for this project) 25 25 25 25 25 Agenda Item NG? 1 OK July 27, 2004 Page MIOf 81 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 Plan Shcct 25 Typical Dctails Guidc Sign Work Sheet(s) Traffic Monitoring Sitc (Not applicable for this projcct) Cross Sections (Not applicablc for this project) Special Service Point Details (Not applicable for this projcct) Special Dctai Is Interim Standards Quality Assurance/Quality Control Supervision 25 25 25 25 25 25 25 25 25 26 26 26 26 26 26 26 26 26 21 SIGNALIZATION ANALYSIS 22 SIGNALIZATION PLANS 22.1 Key Shcct 22.2 Summary of Pay Items 22.3 Tabulation of Quantities 22.4 General NotcslPay IIcm Notes 22.5 Plan Shcet 22.6 Interconnect Plans 22.7 Traffic Monitoring Site 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 Traffic Data Collection Traffic Data Analysis Signal Warranl Study Systcms Timings Reference and Master Signalizalion Design File Rcfercnce and Master Intcrconncct Communication Design File Overhead Strcet Name Sign Design Pole Elevation Analysis Tmffic Signal Operation Rep(ln (Not applicable for this project) Quantities Cost Estimate Technical Special Provisions Field Reviews 26 16 16 26 27 Technical Meetings Quality Assurance/Quality Control Independent Peer Review (Not applicable to this project) Supervision Coordination 27 17 27 27 27 27 27 17 28 18 28 28 28 Agenda Item No. 10K July 27, 2004 Page 45-0{: 81 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 Guide Sign Worksheet Special Details Special Service Point Details Mast AnnlMonotubc Tabulation Sheet Str'ain Pole Schedule (Not applicable for this project) TCP Signal (Temporary) (Not applicable for this projectl Temporary Detection Sheet (Not applicable for this pmject) Utility Connict Sheet (Not applicable for this project) Interim Standards (Not applicable for this project) Quality Assurance/Quality Comml Supervision 28 28 28 28 28 28 28 28 28 28 28 28 28 28 29 29 29 29 29 29 29 29 29 23 LIGHTING ANAL YSL.~ LIGHTING PLANS 24.1 Key Sheet 24.2 Summary of Pay Item Sheet (Not applicable for this projcct) 24.3 Tabulation of Quantities 24.4 Geneml Notes/Pay Hem Notes 24.5 Pole Data and Legend & Criteria 24.6 Service Point Details 24.7 Project Layout (Not applicable for this project) 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 24 Lighting Justification Repon (Not applicable for this project) Lighting Design Analysis Repon Aeronautical Evaluation (Not applicable for this proje.cll Voltage Drop Calculations FDE? Coordination and Report (Not applicable for Ihis project) Reference and Master Design Files Temporary Lighting (Not applicable for this projecll Design Documentat ion Quantities Cost Estimate Technical Special Provisions Field Reviews Technical Meetings Quality Assurance/Quality Control Independent Peer Review (Not applicable for this project) Supervision Coordination 30 30 30 30 30 30 30 30 30 30 31 31 31 31 Agenda Item No. 10K July 27, 2004 Page 4e~ 81 LANDSCAPE ARCHITECTURE ANALYSIS and tasks 25.1 - 25.3,25.6,25.9, and 25.11 - 25.13 arc not applicable for this project. 25.4 Irrigation Dcsign 25.5 Hanlscape Dcsign 25.6 Cost Estimalcs 25.7 Technical Specification Provisions 25.8 Technical Mecting 25.9 Coordination 24.8 24.9 24.10 24.11 24.12 24.13 24.14 25 26 Plan Shecl Special Details TemjX)rary Lighting Data and Dctails (Not applicablc for this project) Traffic Control Plan Sheets (Not applicable for this project) Interim Standard.. (Not applicable for this projccl) Quality Assurance/Quality Control Supervision 31 31 31 31 31 31 31 31 31 31 31 31 31 31 LANDSCAPE ARCHITECTURE PLANS and tasks 26.1 - 26.15 arc not applicable for this project. 32 31 27 SUR VEY and tasks 27.1 - 27 .35 arc not applicable for this project as listed. Please sce sub-eonsuhalll (Wilson Millcr) scope of work 32.2 32.3 32.4 32.5 32.6 32.7 32.8 33 31 28 PHOTOGRAMMETRY and lasks 28.1 - 28.35 arc nOl applicable for this project. Coullly will provide aerial mapping 31 29 I\L\PPING and tasks 29.1 - 29.25 arc not applicable for this project as listed. Please see sub-consultant (Wilson Miller) scope of work 32 30 GEOTECHNICAL and tasks 30.1 - 30.52 are not applicable for lhis project as listed. Please see sub-consultant (Forge) scope of work 32 31 ARCHITECTURE DJ<:VELOPMENT and tasks 31.1 - 31.155 arc not applicable for this project. _32 PROJECT REQUIREMENTS 32.1 Liaison Office 32 32 32 32 33 33 33 33 33 Key Personnel Progress Reporting Correspondence Professional Endorsement Computcr Automation Coordination With Othcr Consultants Optional Services INVOICING LIMITS 33 Agenda Item No. 10K July 27~?P04 Page'4-~ 81 SCOPE OF SERVICES FOR ENGINEERING AND PERMITTING SERVICES This Exhibit fonns an integral part of the agreement between the Collier County Government (hereinafter rcferred to as the COUNTY) and CH2M HILL (hereinafter refcrred to as the CONSULTANT) rclative to the transportation facility described as follows: Collier Boulevard (CR 951) from immediately north of US 41 to immediately south of Davis Boulevard. a distance of approximately 6.5 mi les. 1 PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complctc sct of constnJClion contract plans and special provisions, if neccssary. for _ Roadway improvements to the lnUlsportation facility described herein. _ Bridge/stOlctuml improvements for the stnJctures identified herein. The general objectivc is for the CONSULT ANT to prepare a set of plans to be used by the contmctor to build the project, and by the COUNTY to ensure the project is built as designed and to specifications. ElemenL" of work shall include roadways, stnJcturcs, intersections. geotcchnical activities, surveys. drainage. signing and pavement markings. signalization. lighting. utility relocation. right-of-way maps and legal descriptions, maintenance of traffic. cost eSlimates. environmental penn its. environmental mitigation plans. quantity computation books. and all necessary incidental items as listed and estimated in this scope of work and auached fee shcet for a complete project. The Scope of Services establishes which itcms of work described in thc Florida Deparuncnt of Transportation (FDOT) Plans Preparation Manual, Collier County Land Developmcnt Code and other pertinent manuals to accomplish thc work are specifically included in this contract. and also which of the items of work will be the responsibility of the CONSULTANT or lhc COUNTY. 2 PROJECT DESCRIPTION The CONSULTANT shall investigate thc status of the project and become familiar with concepts and commitments (typical sections, alignments. ctc.) dcveloped from prcviolls 4-lane desil,'11. Thc CONSULTANT shall incorpomte thc following into the design of this facility: 2.1 Roadway Plan TYpe: PlanfProfile Typical Section: Design will providc for a six-lane urban roadway within existing right of way wherevcr possible, including sidewalks (wcst sidc only) and bike lanes on both sides where feasible. Limits: Collier Boulevard (CR 951) from immediately north of US 41 to immediately south of Davis Boulevard, a distance of approximately 6.5 miles. Major Intersections: The intcrsections of Collier Boulevard with Grand Lcly Drivc, Lcly Culturdl Parkway. and Ralllesnake Hammock Road will require additional plan sheets. Intersection delay studies, capacity analyses and modeling may be required and are to be included in this Scope of Services. Tmffic Control Plans: Typical Sections, Detail Sheets and Conceptual Phasing Plan Shects. 2.2 Drainage The sLOrmwatcr system will be designed to mectthe permilling requirements of all permilling agencies. Stormwater system design will consider bcst management practices, open. closed. ditches. ponds. exfiltmtion. etc. or a combinalion thereof. within the existing right of way. If the COUNTY detennines that OInofr cannot he economically treated within the existing right of way and directs thc CONSULT ANT to desi.\,'11 off-site ponds. that additional design will he part of this Scope of Services. Ulility Coordination The CONSULTANT will: 2.3 A-I Agenda Item No. 10K July 27.2004 Page 48 of 81 1) Identify and accurately depict all public and private utilities within the project limits. Physical locates of existing utilities is not included in this scope of work and will be considered Additional Services. 2) Coordinate with all utility owners on this Project. 3) Identify needs to relocate, modify and/or leave in place. 4) Design the necessary modifications and relocations of Collier County utilities. such as water. sanitary sewer, storm sewer, reclaimed water. etc. Utility relocation design/modification will be a part of this Scope of Services. 2A Permits The CONSULTANT will: I) Identify all needed permits. 2) Obtain COUNTY approval on decisions regarding, or modifications to. permits. 3) Obtain COUNTY review prior to submiual of applications and designs to Ihe permitting agency. 4) The CONSULT ANT will be responsihle for ensuring that all required environmental assessments and surveys arc performed. Phase II Surveys, if required. will be considered Additional Services 5) Obtain all necessary permits including, but not limiled to: Environmental Resource Pennit from the South Florida Water Managemelll District and the Army Corps of Engineers: and National Pollutant Discharge Elimination System Permit from the Florida Department of Environmental Protection and the Environmental Protection Agency. A COUNTY representative will be preselll at all meetings with regulatory agencies. 2.5 Structures The CONSULTANT will analyze and desih'll stnlctures as follows: Retaining Walls: In order to provide for turning movements at intersections along Collier Boulevard, it may be necessary to construct retaining walls. Gravity walls will be utilized, where appropriate. In some instances, however, stmctural walls may be required. One location (approximately 200 IL) is assumed. Brid\:es: In order to provide for turning movements at intersections along Collier Boulevard, it may be necessary to construct bridge structures for access across the Henderson Creek Canal. The number of bridges requiring replacement or modification is unkllown. For the purpose of preparing a fee stmcture for this contract, it shall be assumed that a maximum of four (4), two-lane. short-span concrete bridges will be required to be constmcted over the Henderson Creek Canal. Therefore. work associaled with bridge replacemenL,> or modifications for more than four (4) structures shall be considered additional work and paid on a time and material basis. Miscellaneous: Other miscellaneous stmcture services could include, but not limited to, culvert extensions, foundations, mast arms, lighting, and barrier walls as determined during desil,'Il. 2,6 Signing and Pavement Markings The CONSULT ANT will analyze and design signing and pavement markings. Signing and pavement markings shall be determined during the design process. 2.7 Signals There arc signalized intersections at Grand Lely Drive. Lely Cultural Parkway, and Rattlesnake Hammock Road. Where feasible, strain pole systems will be replaced with mast arm systems. A Signal Warrant Swdy at The Lords Way/Inverness Club Drive may be required. Three Signal Warrants have been included in this Scope of Work 2.8 Lighting The CONSULT ANT will design lighting for this project in a manner that is consistent with Collier County design standards. 2.9 Landscape Architecture Agenda Item No. 10K July 27,! 2004 Page 4S'~ 81 Plantin!: Plans: The CONSULTANT shall specify the use of special median soils in areas of future plantings. a<; determined by the Landscape Operations Section of the County's Altemate Transportation Modes Departmenl. Irrigation Plans: The CONSULTANT shall design installation of irrigation sleeves in the median for areas of future land<;caping. a<; determined by the Landscape Operations Section of the County's Altemate Transportation Modes Department. Hardscapc Plans: The CONSULTANT shall provide design of sidewalks to provide connection. where feasible. throughout the projcct. The CONSULTANT will specify brick pavers in lieu of concrete median separators. a<; determined by the Landscape Operations Section of the County's Alternate Transportation Modes Department. 2.10 Survey - See Sub-Consultant (Wilson Miller) Scope of Work 2.11 Photogrammetry (Not applicable to this project) 2.12 Mapping- See Sub-Consultant (Wilson Miller) Scope of Work 2.13 Gcotechnkal- See Sub-Consultant (Forge) Scope of Work The CONSULT ANT will provide borings and laboratory testing of soils in accordance with FOOT guidelines for roadway. stmctures. water management facilities, lighting. etc. Optional geotechnical services shall be provided by the CONSULTANT with the intent to provide the neces.'iary geotechnical services required to design and permit four (4). four-acre wet detention ponds outside of the existing right of way. 2.14 Arcbitl'Cture (Not applicable to this project) 2.15 Joint Project Agreements Minor coordination errorl'> may be required 2.16 Specifications Package The CONSULT A.J"J"T shall prepare, sign and seal the project specifications package. 2.17 Projl'Ct Schedule The CONSULT ANT shall provide a detailed project activity/event schedule for COUNTY and CONS UL T ANT activities required to meet the completion date for design. The current compleLion date (100% Plan,,) is September, 2005. The schedule shall indicate. at a minimum, submission dates for 30%. 60%,90% and 100%. and all other required submittals. The schedule shall allow two weeks for the COUNTY's review of the 30% and 100% plans and three weeks for the review of the 60% and 90% plans. Periodically. throughout the life of the project, the schedule shall be reviewed and, with the approval of the COUNTY. adjusted as necessary to incorporate changes in the work concept and progress to date. 2.18 Submittals The CONSULT ANT shall Furnish plans and documents as required by the COUNTY to adequately control. coordinate. and approve the plans. The CONSULTANT shall provide the COUNTY sets of II" x 17" design plans for distribution. as follows: Phase 1: 30% I 0 sets Phase 2: 60% I 0 sets Phase 3: 90% 12 sets Phase 4: 100% 12 sets The CONSULTANT shall furnish a camera-ready set of plans and specifications to the COUNTY at 100% completion. The size of the final plans shall be II" x IT'. All electronic (digital) Jiles of final plans and specifications will be submitted to the County on a compact disk (CD) or other media approved by the COUNTY. Drawings files shall be provided in a fully functional Micros/a/ion (.dgn) software fonnat. and also plotted or scanned to an Adobe Ikrohat (.pdl) format. Agenda Item No. 10K July 27.J. 2.004 Page 5V'rn 81 2.19 Provisions for Work All maps. plans and designs arc to be prepared with English values in accordance with all applicable current COUNTY and FDOT manuals, memorandums, guidelines. 2.20 Services to be Performed by the COUNTY When appropriate the COUNTY will provide those services and malerials as set forth below: 1) Regarding Environmental Permilling Services: a) Provide general philosophies and guidelines of the COUNTY to be used in the fulfillment of this contracl; b) Provide the appropriate signatures on applicalion fonns. 2) Provide Ihe appropriate lellers of authorization designating lhe CONSULTANT as an agent of the COUNTY. 3) The COUNTY will provide design traffic for the corridor to be used by the CONSULT ANT for alternatives analysis. sih'llali7.<llion and queue lenglh detenninations. 4) Provide reviews of roadway plans during the various stages of plan development wilhin schcdule. 5) All future infonnation that may come 10 lhe COUNTY during the tcrm of the CONSULTANT's Agreement and which in lhe opinion of the COUNTY is necessary to the proseclltion of the work. This includes all submilled new PUD's and DRl's. 6) Project data currently on file. 7) County standards. specifications and review services, 8) All available information in the possession of the COUNTY pertaining to utility companies whose facilities may be affected by the proposed constnlction. 9) All future infonnation that may come to the COUNTY pertaining to sulxlivision plans so that the CONSULT ANT may take advanlage of additional areas that can be utilized as part of lhe existing right-of-way. 10) Existing right-of-way maps. I I) Properly values for parcels designated by the CONSULTANT for poterllial acquisition. 12) Completed front-end conSlmction document sections required for bidding and constmetion. 3 PROJECT GENERAL TASKS Project General Tasks are applicable to the project as a whole and arc described in Sections 3.1 through 3.6 of this Scope of Services. PRO.mer COVl\IO.... TASKS These tasks arc applicable to most activities of the project included in this Scope of Work as identified in Sections 41hrough 33. Project Research: The CONSULTANT shall perfonn research of existing PUD and DR! documents for developments adjacent to the project for commitments regarding Right of Way, Stonnwater Managem~nl, Roadway Improvements or any other commitments involving the interests of the COUNTY. Additionally, PUD's or DRI's approved by the COUNTY prior to the 9()<;i plans submittal stage of this contract shall be incorporated into the project plans by the CONSULTANT. Cost Estimates: The CONSULTANT shall be responsible for producing a eonstmclion cost estimate and reviewing and updating the cost estimate at project milestones - 30%. 60%, 90% and 100%. A Summary of Pay Items sheet shall be prepared with the 60%. 90%. and 100% plans. Technical Special Provisions: The CONSULT ANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Constnlction (2004) and recurring special provisions. Standanl Specifications. recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The fi~ n.~e scc~. ns (~)fOK the standard sp~cifications, recurring special provisions and supplemental spccificati&g~H'i\( ~) &I~ uly 2 L. 04 Page 5lf\cl81 without wriLlen approval of the COUNTY. All modilications to other sections must be justilied 10 the Project Manager to be included in the project's spccilications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work. materials, equipment and specilic requirements. method of measurement and basis of payment. These provisions shall be submitted on 8-1/2"x 11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. Field Reviews: Includes a11lrips requircd to obtain nccessary data for all clements of the project. Technical Mcetin~s: Includes mcctings with the COUNTY and/or Agency staff. between disciplines and subconsultallls. such as access managemcnt mectings, pavcmcnt dcsign mectings. local govcmmclllS. progrcss rcvicw meetings (phase review), and miscellaneous mcctings. Oualitv Assurance/Ouality Control: It is the intention of the COUNTY that design CONSULTANTS are held responsible for their work, including plans review. Detailed checking of CONSULTANT plans or assisting in dcsigning portions of the project for the CONSULTANT is not the intent of having extemal design review consultants. The purpose of CONSULTANT plan reviews is to ensure that the CONSULTANTs plans follow the plan preparation procedures outlined in the FOOT Plans Preparation Manual, that state and federal design criteria are followed consistent with the COUNTY concept. and that the CONSULT ANT submittals are complete. The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys. designs, drawings. specilications and other services furnished by the CONSULT ANT under this contract. The CONSULTANT shall through all stages of design and project construction. without additional compensation. correct all errors or deficiencies in the designs, maps, d.rawings, specifications alllIJor other services. Requests for Infonnation (RFl's) from the COUNTY or the projcct's constmction contraclOr regarding plan or specification deficiencies. ambiguities or connicts shall be resolved to the satisfaction of the COUNTY. Independent Pcer Review: Independent Peer Reviews are not required. Supervision: Includes all efforts required to supervise all technical design activities. Coordination: Includes all efforts to coordinate with all disciplines of the project to produce a final set of construction documents. _. 3.1 Publ.ic lnvolvcmcnl Public involvement is an importanl aspect of the project development process. Public involvement includes communicating to all interested persons.I,'1'OupS, and government organizations infonnation regarding the development of the project. Property owners adjacent 10 project shall be kept infonned about the project. Four Public Meetings will be held on this project. one after each design phase. with the last being a Construction Kick-off Meeting. In addition. the CONSULT ANT and COUNTY staff will meet with civic groups and othcrs on an individual ba..is, as needed, to discuss the project. The CONSULTANT shall anticipate participation in eighl additional meetings for this purpose with minimal staff involvement. This work is to be included in the Scope of Services. Joint Project Agreement.. This scope of work docs not include preparation of Joinl Project Al,rfeements. The scope includes minor coordination only. Specitications Package Preparation The CONSULT Ai'IT shall prepare and provide a complete specifications package, including applicable Technical Special Provisions. for all items and areas of work. The CONSULTANT will provide the necessary workb(x)k and electronic files. in Microsoft Word 2000 format, for proper completion of the specifications preparation task. The actual work effort may entail utilization of the supplied electronic files and inclusion of new files issued as mandatory special provisions or supplemental specifications. The specification package shall be ba..ed on the 2004 edition of FOOT's Standarl1 .?P~C]]C~li~!!~~O R(~~ and Bridge Construction as modified by COUNTY specificalion requirements. ~1tL~ aA~K July 7 2u04 Page St.o181 3.2 3.3 may incluUc Special Provisions or Supplemental SpeciliCalions as directed by the COUNTY. The COUNTY will provide the completed front-end conlract document sections. The FOOT Standard Specifications, Special Provision or Supplemental Specifications may not be modified unless absolutely necessary to conlrol project specific requirements. Proposed modifications to these listed documents shall be coordinated with the COUNTY. prior to inclusion in the final project specifications package. Proposed Technical Special Provisions will be submilled to the COUNTY for initial review at the time of the 90% plan review submission to the Project Manager. All comments will be returned to the CONSULTANT for correction and resolution. The spccification package must be submitted for initial review to the Project Manager at least 30 days prior to the contract package due date. This submittal docs not require signing and scaling. Submittal material shall consist of the following items: 1.) Electronic version (Microsoft Word 2000) of the specifications package The Final submittal shall be signed, dated and scaled in accordan(,'e with applicable Florida Statutes. The submittal materials shall consist of the same a'i those submitted for the initial review by the COUNTY. 3.4 Contract l\Iaintenance Includes project management effort for complete setup and maintenance of Iiles. developing monthly progress reports. schedule updates. work effort to develop and execute subconsultant agreements. etc. 3.5 Coordination Meetings Prior to printing of the review plans at each of the 30~, 60% and 90% design stages, an advanced discussion of the project will take place at a Coordination Meeting. The Designer will provide County Staff with review "draft" copies of the plans drawings two weeks in advance of the coordination mceting. The meeting will be conducted to provide input into the design prior to printing it for full review. The Designer will present the project to County Staff and a discussion will take place on what arc understood to be the key issues. The goals of the meeting arc to provide a common understanding of the project; institute change, if needed; and to provide a coordinated effort at thc public presentations. 3.6 Prime Project Manager Meetings Includes Prime CONSULTANT Project Manager staff hours for phase review, progress review, all technical meetings, and other coordination activities, including any travel lime. Meetings required for each Activity are included in the meetings section for that specific Activity. 4 ROADWAY Al"JAL YSIS The CONSULTANT shall analyze and document Roadway Tasks in accordance with all applicable manuals, !,'1Jidelines. standards, handbooks, procedures, and current design memorandums. 4.1 Typical Section Package The CONSULT M-IT shall provide an approved Typical Section Package prior to the Pha<;c I plans submillal dale. 4.2 Pavement Design Package The CONSULT ANT shall provide an approved Pavement Design Package prior to the Phase 11 plans submittal dale. 4.3 Access Management The CONSULT ANT shall incorporate access management slandards for eaeh projcct in coordination with COUNTY staff. The CONSULT ANT shall review adopted access management standards and the existing access conditions (interchange spacing, signalized imersection spacing, mcdian opening spacing, and connection spacing). Median openings that will be closed, relocated, or substantially altered shall be shown on plan sheets and submilled with supporting documentation for review with the Phase I plans submittal. Agenda Item No. 10K July 27.... 2004 Page 56'& 81 The COUNTY shall provide access management c1assilication information and information derived from PD&E studies and public hearings to be used by the CONSULT ANT immcdiatcly following NOlice to Proceed. 4.4 HorizontaVVerticall\laster Design Files Thc CONSULT ANT shall design the geometries using the design standards that arc most appropriate with proper considcration given to the design traflic volumes, design speed, capacity and levels of service, functional classilicaLion, adjacent land use, design consistency and driver expectancy, aesthetics. pedestrian and bicycle concerns, ADA requirements. elder road user policy. access management., PD&E documents and scope of work. 4.5 Cross Section Design Files The CONSULT ANT shall establish and develop cross section design files in accordance with the FOOT CADD manual. 4.6 Tramc Control Analysi<i The CONSULT ANT shall design a safe and effective Traffic Control Concept Plan to move vehicular and pedcstrian traffic during all phases of construction. The design shall include construction phasing of roadways ingress and egress to existing property owners and businesses. rouling. signing and pavement markings, and detours. Special consideration shall be given to the construction of Ihe drainage system when developing the construction phases. Positive drainage must be maimained at all times. This will be the responsibility of the Contractor and will be noted in the Specifications. The CONS UL T ANT shall investigate the need for temporary traffic signals, temporary lighting, alternate detour roads, and the use of materials such as sheet piling in the analysis. The Traffic Control Plan shall be prepared by a certified designcr who has completed training as required by the COUNTY. Prior to proceeding with the Traffic Control Plan. the CONSULT ANT shall meet with the appropriate COUNTY personnel. The purpose of this mccting is to provide information 10 the CONSULTANT that will beller coordinale the Preliminary and Final Tramc Comrol Plan efforts. The plans will be conceptual in nalUre and shall be used as a basis for bidding purposes. Thc Contractor will be responsible for providing a detailed maintenance of traffic seheme. 4.7 Master TCP Design Files The Consultant shall prepare Conceptual Traffic Control Plans to be utilized by the Contractor a..<; a reference for Bidding Purposes. The Contractor will be responsible for providing a full Traffic Control Plan per FOOT Standards. Signed and Sealed by a Florida Professional Enginccr 4.8 Design Variations and Exccption~. The CONSULTANT will be required to prepare a Design Variance Report 4.9 Design Report The CONSULT ANT shall prepare all applicable report(s) as listed in the Project Description section of this scope. The CONSULTANT shall submit to the COUNTY dc.<;ign notcs. data, and calculations to document the design conclusions reached during the development of the contract plans. The design notes. data. and computations shall be recorded on size 8Y2" X II" sheets, fully tilled. numbered. dated. indexed and signed by the designer and the checker. Computer output foons and other oversized sheets shall be folded to 8Yz"x 11" si7.e. The data shall be in a hardb<'lck folder for submillal to the COUNTY. 4.10 Computation Book and Quantities The CONSULT ANT shall prepare lhe Computation Book and various summary of quanLitics sheets. This includes all efforts required to develop the Computation Book and the supporting documcntation. including constmction days when required. 4.11 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with lirst submillal. The Engineer's Estimate of Probable Cost shall be adjusted at each submillal to be maintained until final submiual. Agenda Item No. 10K July 2712004 Page 5~0181 4.12 Technical Special Provisions The CONSULT ANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control projcct specific requirements. TIle first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified withoul written approval of the COUNTY. All modifications 10 other sections must be justified 10 Ihc Project Manager to be included in the projecL's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials. equipment and specific requirements. method of measurement and basis of payment. These provisions shall be submillcd on 8-1/2")( 11" sheets and shall not have holes punched or be bound in any way that would creale a problem for high volume reproduction. 4.13 Field Reviews Includes alllrips required to obtain necessary data for all clements of the roadway analysis. 4.14 Technical Meetings Includes meetings with the COUNTY and/or Agency staff, between disciplines and subconsultants. such a,> access management meetings, pavement design meetings, progress review mcctings (phase review), and miscellaneous meetings necessary for all clements of the roadway analysis. 4.15 QualH)' Assurance/QualHy Control The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys. designs, drawings. specifications and other services furnished by the CONSULTANT under this contract 4.16 Independent Peer Review-(Not applicahle to this project) 4.17 Supervision Includes all efforts required to supervise a.lltechnical design activities. 4.18 Coordination Includes all efforts to coordinate with all clements of the roadway analysis of the project 10 produce a final sct of construction documents. 5 ROADWA Y PLANS The CONSULTANT shall prepare Roadway, Drainage. Traffic ConLTol, Utility Adjuslmelll Sheets, notes, and details. The plans shall include the following shccts necessary to convey the intent and scope of the projcet for the purposes of construction. 5.1 Key Sheet 5.2 Summary of Pay Items Including Quantity Input 5.3 Drainage Map 5.4 Interchange Drainage Map (Not applicable to this project) 5.5 Typical Section Sheets 5.6 General Notes/Pay Item Notes 5.7 Summary of Quantities 5.8 Box Culvert Data Sheet 5.9 Bridge Hydr.llllks RI.'Commendation SheeL., 5.10 Summary of Drainage Structures 5.11 Optional Pipe/Culvert i\laterial (Not applicable to this project) Agenda Item No. 10K July 27;. 2004 Page 50'Of 81 5.12 Project Layout 5.13 PlanlProfile Shl"et 5.1~ Prolile Sheet (Not applicable to thi.. project) 5.15 Plan Sheet (Not applicable to tltis project) 5.16 Special Profile 5.17 Back of Sidewalk Profile Sheet (Not applicable to litis project) 5.18 lntcrchan~ Layout Sheet (Not applicable to Lhis project) 5.19 Ramp Terminal Details (Plan View) (Not applicable to this projecll 5.20 Intersection Layout DeUlils 5.21 Miscellaneous DeUlil Sheets 5.22 Dr.linage Structure Sheet 5.23 Mi..eellancous Drainage Detail Sheets 5.2~ Lateral Ditch PlanlProfile (Not applicable to this project) 5.25 Lateral Ditch Cross Section.. (Not applicable to this project) 5.26 Retention/Detention Ponds Detail Sheet 5.27 Retention Pond Cross Sections 5.28 Cross-Section Pattern Sheet (Not applicable to thi.. project) 5.29 Roadway Soil Survey Sheet 5.30 Cro...... Sections 5.31 TraRie Control Plan Sheet.. 5.32 Trame Control Cross Section Sheet.. (Not applicable to this pmjccl)s.33 Trame Control Dl"tail Sheet.. 5.34 Utility AdjIL..tment Sheet.. 5.35 Selective Ch~...ring and Grubbing (Not applicable to this project) 5.36 Erosion Control Plan 5.37 SWPPP 5.38 Project Control Network Sheet 5.39 Interim Standards (Not applicable to thi.. project) 5.40 Utility Verification Sheet (SUE Data) (Not applicable to this project) 5...1 Quality Assurance/Quality Control 5.42 Supervision 6 DRAINAGE ANAL YSIS The CONSULTANT shall analyze and document Drainage Tasks in accordance with all applicable manuals. guidelines. swndards, handbooks. procedures. and current desif,,'ll memorandums. The CONSULTANT shall be responsible for designing a drainage and stormwater managemelll system. All design work shall comply with the requirements of the appropriate regulatory agencies and the FOOT's Drainage Manual. The CONSULTANT shall coordinate fully with the appropriate permitting agencies and COUNTY staff. All activities and submiltals should be coordinated through the COUNTY's Project Manager. The work will include the engineering analyses for any or all of the following: Agenda Item No. 10K July 27,J. 2.004 Page 5t:?& 81 6.1 Delermine Base Clear,lnce Water Elevation Analyze, determine. and document high water elevations which will be used to set roadway profile grade. Detennine surface water elevations at cross drains, floodplains. outfal]s and adjacent stormwater ponds. Detennine groundwater elevations at intervals between the above-menlioned surface waters. 6.2 Pond Siting Analysis and Report Evaluate pond sites using a preliminary hydrologic analysis. Documenlthe results and coordination for all of the project's pond site analyses. The Drainage Manual provides specific documenlation requirements. 6.3 Design of Cross Drains Analyze the hydraulic design of cross drains. Check ex.isting cross drains to determine if they arc structurally sowld and can be extended. Document the design as required. Determine and provide flood data as required. 6.4 Design of Roadway Ditches Design roadway conveyance ditches. This includes detennining ditch cross sections. grades, selecting suitable channcllining, designing the side drain pipes, and documentation. 6.5 Design of Outf'alls Analyze amI document the design of ditch or piped outralls. (Pond outlet structure included in task 6.6) 6.6 Design of Stormwatcr Management Facility (Of1'site Pond) Design stonnwn!er management facilities to meet requiremenL<; for slOnnwater quality treatment and atlenuation. Develop proposed pond la)'out (shape. contours. slopes, etc.). perform routing calculations. and design the outlet control stmcture. 6.7 Design of Storm water Management Facility (Roadside Ditch as Linear Pond) Design stormwater management facilities to meet requiremcnL<; for slOrmwater quality treatment and allenualion. Develop proposlXl pond layout (shape, contours. slopes. etc.), perform routing calculations. and design the outlct conlrol stOlCtUrc. 6.8 Design of Flood Plain Compensation Area Determine flood plain encroachments, coordinate with regulatory agencies. and develop proposed compensation area layout <shape. contours, slopes, etc.'. Documentlhe design following the requirements of the regulatory agency. 6.9 Dt.~ign of Storm Drains Develop a "working drainage map". detennine runoff. inlet locations, and spread. Calculate hydraulic losses (friction. utility conflict and. if necessary. minor losses). Dctcnnine Design Tailwater and, if necessary. outlet scour protection. 6.10 Optional Culvert Material (Not applkable to thi" projl-cl) 6.11 French I>rain Design Design French Drain Systems to provide stonnwaler treatment and atlenualion. Identify location for percolation tests and review these, detennine the size and length of French Drains, design the control structure/weir. and model the system of inlets, conveyances. French Drains, and other outfalls using a routing program such as ICPR. 6.12 Drainage WeDs (Not applicable to this project) 6.13 Drainage Design Documentation Report Compile drainage design documentation into report fonnal. Include documentation for all the drainage design ta<;ks and a<;sociated meetings and decisions, except the Pond Siting Ana]ysis Report and Bridge Hydraulics ReporL 6.14 Bridge Hydraulic Report Agenda Item NO.1 OK July 27,2004 Page rSiiill 81 Calculate hydrology, hydraulics. scour, and deck drainage. Prepare report and the information for the Bridge Hydraulics Recommendation Sheet. 6.15 Cost Estimate The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained ulllilfinal submittal 6.16 1Cchnical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to COlllrol project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Spccial Provisions shall providc a dcscription of work. matcrials, equipmcnt and specific requirements. method of measurcment and basis of payment. Thesc provisions shall be submitted on 8-1I2"x 1 I" shects and shall nOl have holes punched or be bound in any way lhat would creale a problem for high volume reproduction. 6.17 Field Reviews Includes a1llrips required to obtain nccessary data for all elemellls of the drainage analysis. 6.18 Technical Meetings Includes meclings with the COUNTY and/or Agency slaff, betwecn disciplines ami subconsultants, such as access management meetings. pavement design meetings, progress review meetings (phase review). and miscellaneous meetings necessary for all c1emellls of the drainage analysis. 6.19 Quality Assumncc/Quality Control The CONSULTANT shall be responsible for the professional qual ity, technical accuracy and coordination of all surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract 6.20 Independent Peer Review Not applicable to this project. 6.21 Supervi..ion Includes all effons required to supervise all technical design activities. 6.22 Coordination Includes all efforts to coordinate with all clements of the drainage analysis of the project to produce a final set of construction documents. 7 UTIUTIES The CONSULTANT shall identify utility facilities and secure agreements, utility work schedules, and plans from the Utility Agency Owners (UAO) ensuring no conflicts exist between utility facilities and the COUNTY's constmction project. 7.1 Kickoff Meetin~ Prior to any contact with the UAO(s), the CONSULTANT shall mect with the Collier County Utility Department to receive guidance. as may be required, to assure that all necessary coordination will be accomplished in accordance with COUNTY procedures. CONSULTANT shall bring a copy of the design project work schedule reflecting utility activities. 7.2 Identify Exi<;tin~ UAO(s) Agenda Item No. 10K July 27, 2004 Page ~ tJf 81 Idelllify all utilities in the corridor; check with Mailllenance for Permits. Sunshine Slate One Call. Design Location Survey, ami Existing Plans. 7.3 !\lake Utility Contacls First Contact: Send lellers and two sets of plans to each utility. Includes contact by phone for meeting coordination. Requcsttypc. size. location. easements. cost for compensable relocation, and justification for any utility exceptions. Include the meeting schcdule (if applicable) and the design schedule. Include typical meeting agenda. Second COnlact: At a minimum of 4 weeks prior to the meeting, the CONSULT ANT shall transmit two completc sets of Phase II plans to each UAO having facilities located within the projcct limits. and onc set to the COUNTY Offices. 7.4 Exception Coordination (Not applicable for this project) 7.5 Preliminary Utility Meeting Thc CONSULTANT shall schcdule (time and placc), notify participants. and conduct a preliminary utility meeting with all affectcd UAO(s) for the purpose of presenting the projcct. review the current design schedulc, evaluate the utility infonnation collecled, provide follow-up information on compensable irl\erest requests, discuss the utility work by highway contractor option with each utility. and discuss any future design issues that may impact utilities. This is also an oppommity for the UAO(s) to present proposed facilities. The CONSULTANT shall keep accurate minutes and distributc a copy to all attendecs. 7.6 IndiyiduallFicld l\lcctin~s The CONStJL T ANT shall meet with each UAO separately throughoutlhe project design duration to provide guidance in the intcrprelalion of plans. review changes to the plans and schedltlcs. optional clearing and gOlbbing work. and assist in the development of the UAO(s) (llans and work schcdules. The CONSULTANT is responsible for motivating the UAO to completc and relUm lhe necessary documents after each Utility Contact or Meeting. 7.7 Collect and Reyiew Plans and Data from UAO(s) Make Determinations (Compensable Interest. Easements. Coordinate, Analyze). Ensure infonnation (utility type, material and size) is sent to the designer for inclusion in thc plans. Coonlinate programming of funds. 7.8 Subordination of Easemenls Coordination (Not applicable for this project) 7.9 Utility Design Meeting At a minimum of 3 weeks prior to the meeting. the CONSULTANT shall transmit two compk:tc sets of Phase II plans to each UAO having facilities located within the project limits, and one set to the COUNTY Offices as required by the COUNTY. The CONSULTANT shall schedule (time and placc), nOlify participants, and conduct a Uti lity mecting wilh all affected UAO( s). Thc CONSULTANT shall be prepared to discuss drainage. traffic signali7.ation, maintenance of trnffic (constmction phasing), review the current design schedule and letling date. evaluate the utility infonnation collected, provide follow-up infonnation on compensable intcrest requests, discuss the utility work by highway contractor option with each utilily, discuss any future design issues that may impact utililies, etc., to the extent that they may have an cffect on existing or proposed utility facilitics with particular emphasis on drainage and maintcnance of traffic with each UAO. The intent of this meeting shall be to identify and rcsolve conflicts betwecn utilitics and proposed construction prior to complction of the plans. including utility adjustmcnt delails. Also reeommcnd resolution betwcen known utility conflicts with proposed construction plans as practical. The CONSULT ANT shall keep accurale minutes of all meetings and distributc a copy to all attendees. 7.10 Review Utility Markups and Work Schedules and Processing of Schedules and Agreemenl~ Review utility marked up plans individually as they are received for content and coordinate revicw with thc designer. Send color markups and schedules to the appropriate COUNTY oflicc(s) for review and commcnt if required by the COUNTY Coordinatc with the Counly for execution. Distribute Executed Final Documcnts. Prcpare Work Order for UAO(s). Coordinate programming of funds. 7.11 Utility CoordilUltion/Follow up This includes follow-up, interprcting plans, and assisting and the completion of the UAO(s) work schedule and agreements. Includes phone calls, face-to-face meetings, etc., to mOlivate and ensure the UAO(s) Agenda Item No. 10K July 27,2004 Page 5'9 Of 81 complete and return the required documents in accordance with the project schedule. Ensure the resolution of all known conflicts. This task can be applied to all phases of !he project. 7.12 Utility Constructability Review Review utility schedules against conslnlc!ion contract time, and phasing for compatibility. Coordinate with consLruction office. 7.13 Additional Utility Services Develop existing Utility AdjusLment Plans 7.14 Processing Utility Work by Highway Contractor (UWHC) (Not applicable for !his project) 7.15 Contract Plans to UAO(s) This includes transmitLal of the conLract plans as processed for letting. Transmittals Lo UAO(s) arc by certilied mail, return receipt requested. 7.16 Certification/Close-Out This includes hours for transmilling uLility liIes to the County Utility Department and preparation of the Utility Certification Letter. The CONSULTANT shall certify to the appropriate COUNTY representative the following: All utility negotiations (Full execution of each agreement. approved Utility Work Schedules, technical special provisions wrillen, etc.) have been completed wiLh arrangements made for Ulility work to be undertaken and completed as required for proper coordination with the physical constTIlction scheduk. OR An on-site inspection was made and no utility work will be involved. OR Plans were sent to the Utility Companies/Agencies and no utility work is required. 8 ENVIRONMENTAL PERMlTS The CONSULTANT shall notify the COUNTY Project Manager, Environmental Pennit Coordinator and other appropriate personnel in advance of all scheduled meetings with the regulatory agencies to allow a COUNTY representative to attend. The CONSULT ANT shall copy in the Project Manager and the Environmental Pennit Coordinator on all pcnnit related correspondence and meetings. 8.1 Preliminary Project Research The CONSULT ANT shall perfonn preliminary project rescarch and shall be responsible for early identilication of and coordination with thc appropriate regulatory agencies to assure that design efforts arc properly directed toward permit requirements. 8.2 Complete Permit Involvement Form The CONSULTANT shall document pcnnit involvement in coordination with the COUNTY Permit Coordinator and COUNTY Project Managcr. To be done upon completion of preliminary project research. 8.3 Establish Wetland .Jurisdictional Lines The CONSULT ANT shall collect all data and infonnation necessary {o detennine the boundaries of wetlands and surface waters defined by {he rules or regulations of each agency processing or reviewing a permit application necessary to construct a COUNTY projcct. The CONSULTANT shall be responsible for, but not limited to, the following activities: ~ Detennine landward extent of state waters as defined in Chapter 62-340 FAC as ratilied in Section 373.4211 FS ~ Detennine {he jurisdiclional boundaries of wellands and surface waters as defined by rules or regulations of any other pennilling authority that is processing a COUNTY penniL application. Agenda Item No. 10K July 27, .2.004 Page e'ti ~ 81 ~ Prepare aerial maps showing the jurisdictional boundaries of wetlands and surface waters. Aerial maps shall be reproducible, of a scale no greater than 1"=200' and be recent pholOgraphy. The maps shall show the jurisdictional limits of each agency. Xerox copies of aerials are nO! acceptable. ~ Acquire wrillen verification of jurisdictional lines from the appropriate environmental agencies. Prepare a wriuen assessment of the current condition and relative value of the function being perfonned by wetlands and surface waters. Prepare data in tabular fonn which includes ID number for each wetland impacted. size of wetland to be impacted, type of impact and identify any wetland within the project limits that will not be impacted by the project. 8A Agency VeriJirution or Welland Data The CONSULTANT shall be responsible for verification of wetland data identified in Section 8.3 and coordinating regulatory agency field reviews, including finalization of wetland assessments with applicable agencies. 8.5 Complete and Submit All Required Permit Applications The CONSULT ANT shall prepare pennit packages as idelllilicd in the Project Description section. The CONSULTANT shall collect all of the data and infonnation necessary to obtain the environmental pennits required to construct a project. The CONSULTANT shall prepare each pennit application for COUNTY approval in accordance with the rules and/or regulations of the environmental agency responsible for issuing a specific pennit and/or authorization to pcrfonn work. 8.6 Prepare Dredge and Fill Sketches (Not applicable for this projecll 8.7 Prepare USCG Permit Sketchl'S (Not applicable for this project) 8.8 Prepare Easement Skclchl'S (Not applicahle for this projectl 8.9 Prepare Right-Of-Way Occupancy Sketches (Not applicable for this projecll 8.10 Prepare Coastal Construction Control Line (CCCL) Permit Sketchl'S (Not applicable for this project) 8.11 Prepare Tree Permit Information (Not applicable for this project) 8.12 l\litigation Coordination and Meetings The CONSULTANT shall coordinate with COUNTY personnel prior to approaching any environmental pennilling or reviewing agencies. Once a mitigation plan has been reviewed and approved by the COUNTY, the CONSULT ANT will be responsible for coordinating Ihe proposed mitigation plan with the environmental agencies. 8.13 Mitigation Design [f wetland impacts cannot be avoided. the CONSULTANT shall prepare a mi ligation plan to be included as a part of the Environmental Resource or Wetlands Resource Pennit applications. This scope of work and fee a<;sumcs mitigation banking. Prior to thc development of alternatives. the CONSULTANT shall meet with the Project Manager to detcrmine the COUNTY's policies in proposing mitigation. The CONSULTANT shall proceed in the development of a mitigation plan based upon the general guidelines provided by thc COUNTY. The CONSULT ANT will be dirccted by the COUNTY to investigate the following methods of mitigation: ~ Payment to DEP/WMD per acre of wctlands impacted as defined in CH 373.4137 FS ~ Monetary participation in offsite regional mitigation plans ~ Monetary participation in a private miligation bank 8.14 Environmental Clearances The CONSULT ANT shall prepare clearances for the following: Agenda Item No. 10K July 27,2004 Page e\t~ 81 Archacolo!:ical and Historical Features: The CONSULTANT shall collect data necessary to completely analyze the impacts 10 all cultural and historic rcsources by the pond andlor miligation sites and prepare a Cultural Resource Assessment Requcsl Package. See Sub-Consultant (AHC) Scope of Work Welland Impacl Analysis: The CONSULTANT shall analyze lhe impacts to wetlands for the pond andlor mitigation siles and complete the Wetland<; Evaluation Report. Services will be performed by CH2M HILL Wildlife and Habitat Impact Analysis: The CONSULTANT shall collect data nccessary to perform an Endangered Species Biological Assessment, and analyze the impacts to wildlife and habitat by the pond and/or mitigation sites. Services will be performed by CH2M HILL Contamination Impact Analysis: The CONSULTANT shall pcrfonn the nccessary analysis to complete the Contamination Screening Evaluation for the pond andlor mitigation sites and complete the Contamination Screening Evaluation Report. Services will be performed by CH2M HILL 8.15 Technical ~h.'Ctings Includes meetings with the COUNTYand/or Agency staff, between disciplines and subconsuhants, such a<; access management mcctings, pavement design mcctings. progress review meetings (pha<;e review), and miscellaneous mcetings necessary for all clements of the environmental analysis. 8.16 Qualily Assur'"dncclQuality Conlrol The CONSULTANT shall be responsible for the professional quality, tcchnical accuracy and coordination of all surveys, designs, drawings. specifications and other services furnished by the CONSULTANT under this contract 8.17 Supervision Includes all efforts required to supervise all technical design activities. 8.18 Coordination Includes cfforts to coordinatc with c1cmellls of the cnvironmenlal analysis of the project to produce a final set of construction documents. 9 STRUCTURES. SU.MMARY AND MISCELLANEOUS TASKS AND DRA WL.'1GS The CONSULTANT shall analyze and design all structures in accordance with applicable provisions as defincd in Section 2.19. Provisions for Work. Individualta"ks identified in Scctions 9 through 18 arc delined in the Staff Hour Estimation Handbook and within the provision defined in Section 2.19, Provisions for Work. Contract documents shall display economical solutions for the given conditions. The CONSULTANT shall provide Design Documentation to the COUNTY with the BDR/30% and 90% submittal consisting of structural design calculations and other supporting documentation developed during the development of the plans. The design calculations submitted shall adequately address the complete design of all structural elements. These calculations shall be neatly and logically presented on 8Yz"x I I" paper (where possible) and all sheets shall be numbered. The final design calculations shall be signed and scaled by a Florida-registered profcssional enginccr. A cover shcct indexing the contents of the calculations shall be included and the engineer shall sign and seal that sheet. All computer programs and parameters used in the design calculations shall include sufficient backup information to facilitate the review task. It is assumed that all the bridges will be let as one contract and will be included in one plan set as multiple bridges per FDOT guidelines. 9.1 Index of Dr.lwings 9.2 Project Layoul 9.3 Gencr'"dl NOK'S and Rid Uem Noles 9.4 Incorpor.lle Florida Dcpartment of Transportalion Slandard'i 9.5 Incorporale Reporl of Core Borings Agenda Item No. 10K July 27,2004 Page ~b'l81 9.6 J.:xisting Bridge Plans If existing bridge plans are not available, it is anticipated that a sketch depicting existing slnlcturc will be crealed and included in the plan sel for contractor's use in dctcrmining rcmoval costs. 9.7 Computation Book and Quantities 9.8 Cost Estimate 9.9 Technical Sp(,'Cial Provisions 9.10 Field Reviews 9.11 Technkal Mectings 9.12 Quality AssurancclQualily Control 9.13 Independent Pecr Review (Not applicable for this project) 9.14 Supervision 9.15 Coordination 10 STRUCTURES. BRIDGE DEVELOPMENT REPORT The Consultant shall prepare a Bridge Development Report (BDR). The BDR shall be submiued as part of the Phasc I Roadway Submittal, Gcneral Requirements. General ReQuirement.. 10.1 Bridge Geometry 10.2 Ship Impact Data Coll(,'Clion (Not applicable for this projc~l) 10.3 Ship Impact Criteria (Not applk'<lble for thi.. projecl) Suoerstructure AHernalives 10.4 Short Span Concrete 10.5 Medium-Span Concrete (Not applicable for this project) 10.6 Long Span Concrete (Not applicable for this project) 10.7 Structural Steel (Not applicable for thi.. project) Foundation and Substructure Alternatives 10.8 PierlBcnt Type 10.9 Shallow Foundation (Not applkable for this project) 10.10 Dt.>cp Foundations Movable Soan and tasks 10.11 - 10.23. 1O.,,u . 10.48 arc not aoplicable for this oroicd. Other BDR Issu(,'S 10.24 Aesthetics (Assumed conventional design) 10.25 TCP/Staged Construction Requiremenls 10.26 Con'itructability Requirement.. 10.27 Abutment Slope/Wall Evaluation 10.28 Quantity and Cost Estimates 10.29 Quantity and Cost Estimates. I.\lovable Span (N0l applicable for this project) 10.30 Walll}'pe .Justification (Within BDR(s)) Reoort Preoaration Agenda Item No. 10K July 27,2004 Page e'8 tff 81 10.31 Exhibits 10.32 Exhibil~ - Movable Span (Not applicable for thi~ project) 10.33 Report Preparation 10.34 Report Preparation -Movable Span (Not applicable for this project) 10.35 BDR Submittal Packa2e Preliminary Plans (Assumes 30% olans included with BDR submittal) 10.36 General Notes Sheets 10.37 Plan and Elevation Sheets 10.38 Construction Staging 10.39 Superstructure Section Sheets 10.40 Substruclure Seclion Sheets 11 STRUCTURES - TEMPORARY BRIDGE (Assumed for 10hn's Road Bridge Replacement). 11.1 Overall Bridge Final Gt"ometry 11.2 General Plan and Elevation 11.3 Miscellaneous DetaiL~ 11.4 End Bent Structural Design 11.5 End Bent Details 11.6 Intermediate Bent Structural Design 11.7 Intermediate Bent Details 11.8 Foundation I~ign (Separate l'oundalion layout is not required) 12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE The CONSULTANT shall prepare plans for four (4) Short Span Concrete Bridgc(s) at the location(s) spccilied in Section 2.5. General Lavout Deshm and Plans 12.1 Overall Bridge Final Geometry 12.2 ExpansionlContrdction Analysi~ (Not applicable for lhi~ projt"Cl) 12.3 General Plan and Elevation 12.4 Construction Staging (Not applicable for tbis projecl) 12.5 Approach Slab Plan and Details 12.6 Miscellaneous Details End Bent Desi2n and Plans 12.7 End Bent Geometry 12.8 End Bent Structural Design 12.9 End Bent Plan and Elevation 12.10 End Bent Detail'i Intermediate End Bent Dcsi2n and Plans Agenda Item No. 10K July 27, 2004 Page 8'4- bf 81 12.11 Bent Geometry 12.12 Bent Stability Analysi.. 12.13 Bent Structur.d Design 12.14 Bent Plan and Elevation 12.15 Bent Details Miscellaneous Substructure Desi!!n and Plans 12.16 Foundation Layout Suoerstructure Desil!n and Plans 12.17 ft'inish Grade Elevation Calculation Finish Grade Elevations Cast.in.Place Slab Bridl!cs and tasks 12.19 - 12.21 are not applicable for this proiect Prestressed Slab Unit Bridl!Cs (Assumed Fur the purpose of detcrmininl! fel' estimate) 12.22 Prestrcssed Slab Unit Design 12.23 Prestressed Slab Unit Layout 12.24 Prestressed Slab Unit Details and Schedule 12.25 Deck Topping Reinforcing Layout 12.26 Superstructure Sections and DetaiL.. Reinforcin!! Bar Lists 12.27 Reinforcing Bar List Load Ratin!! and task 12.28 L.. not applicable for this proiect. 13 STRUCTURES .MEDlUl\I SPAN CONCRETE BRIDGE amI tasks 13.1 - 13.53 are not applicable for this project. 14 STRUCTURES - STRUCTURAL STEEL BRIDGE and tasks 14.1 - 14.61 are not applicable for this project. 15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE and tasks 15.1 - 15.78 are not applicable for this project. 16 STRUCTURES - MOVABLE SPAN and tasks 16.1 - 16.102 are nOl applicablc for this project. 17 STRUCTURES - RETAINL~G WALL The CONSULT A1Vf shall prepare plans for Rctaining Wall(s) as specified in Section 2.5. General Requirements 17.1 Key Sheets 17.2 Horizontal Wall Geometry Permanent Proprietary Walls and tasks 17.3 - 17.6 are not applicable for this projecL Tempor..ry Proprietary Wall.. and tasks 17.7 -17.10 are not applicable for this projccL Cast-In-Place Retaining Wall.. Agenda Item No. 10K July 27,2004 Page Effi Ht 81 17.11 Design 17.12 Vertical Wall Geometry 17.13 General Notes 17.14 WaD Plan and Elevations (Control Drawings) 17.15 Sections and Detail" 17.16 Reinforcing Bar List Other Retaining Wall" and tasks 17.17 -17.21 are not applicable for this project. 18 STRUCTURES -l\USCELLANEOUS The CONSULTANT shall prepare plans for Miscellaneous StnJcture(s) as specilied in Section 2.5. Extenl to be determined during design. Concrete Box Culverts and tasks 18.1 - 18.2 are not applicable for this project Strain Poles and tasks 18.3 - 18.4 are not applicable ror this projecL Mast Arms 18.5 Mast Arms 2 special mast arms arc assumcd for detcrmining fee estimate Overhead/Cantilever Sign Structure and tasks 18.6 - 18.10 are not applicable for this project. High Mast Light Foundations and task 18.11 is not applicable for this project. Sound Barrier Wall.. (Ground l\lount) and tasks 18.12 - 18.18 are not applicable for this projccL If Noise Analysis indicates Ihal a Sound Barrier Wall is required. Ihe level of efforl will be considered Additional Services. Special Structures and task 18.19 is not applicable for this project. 19 SIGNL'lG AND PAVEMENT MARKING ANALYSIS The CONSULTANT shall analyze and document Signing and Pavement Markings Tasks in accordance with all applicable manuals, guidelines, slandards, handbooks, procedures. and current design memorandums. 19.1 Traffic Data Analysis The CONSULT ANT shall review the approved preliminary engineering report, typical section package. traffic technical memorandum and proposed geometric design alignment 10 identify proposed sign placements and roadway markings. Perfonn queue analysis. 19.2 No Passing Zone Study (Not appliC'.lble for this project> 19.3 Reference and Master Design File The CONSULTANT shall prepare Ihe Signing & Marking Design file to include all necessary design clements and all associated reference files. 19.4 Multi.Post Sign Support Calculations The CONSULTANT shall detennine thc appropriate column si7-c from the FDOT Multi-Post Sign Program(s). 19.5 Sign Panel Design Analysi'i Establish sign layoul, letter size and series for non-standard signs. 19.6 Sign Lighting/Electrical Calculations Includes the verification of photometries on lighted. load cenler and vollage drO~g~c(t!fM(1ff~m NO.1 OK July 27, .2.004 Page Em lli 81 19.7 Quanlilies Includes aJl work required to determine the quantities of each plan shcct. 19.8 Computation Book The CONSULTANT shall prepare the Computation Book. This includes all efforts required to develop the Computation Book and the supporting documentation. 19.9 Cost Estimates The CONSULTANT shall prepare the Engineer's Estimate of Probable Cost and provide with first submiual. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal to be maintained until final submittal. 19.10 Tcchnicnl Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work nOI covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental spccifications should not be modified unless absolutcly necessary to control project specific requirements. The first nine sections of the standard specifications. recurring special provisions and supplcmemal specifications shall not be modified without wriuen approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements. method of measurement and basis of payment. These provisions shall be submitted on 8-1/2"x 11" sheets and shall not have holes punchcd or be bound in any way that would creale a problcm for high volume rcproduction. 19.11 Field Reviews Includes all trips required to obtain necessary data for all clements of the signing and pavement marking analysis. 19.12 "Iechnical Mcclings Includes meetings with the COUNTY and/or Agcncy staff, between disciplines and suoconsullants. such as access management mcctings, pavemcnt design mcctings, progress rcview mcetings (phase review). and miscellancous mectings nccessary for all clcments of the signing and pavement marking analysis. 19.13 Quality Assurance/Quality Control The CONSULTANT shall be responsible for the professional quality. tcchnical accuracy and coordination of all surveys. dcsigns. drawings, specifications and other services furnished by the CONSULTANT under this contract. 19.14 Independent Peer Review (Not appliC'dble to this project) 19.15 Supervision Includes all efforts required to supervise alltcchnical design activities. 19.16 Coordination Includes all efforts to coordinate with all elements of the Signing and Pavemcnt Marking analysis of the projcctto produce a final sct of construction documents. 20 SIGNING AND PAVEMENT MARKING PLANS The CONSULTANT shall prepare a set of Signing and Pavement Marking Plans in accordance with the Plans Preparation Manual that includes the following. 20.1 Key Sheet 20.2 Summary of Pay lLems (Not applicable to this project) 20.3 lIlbulation of Quantities Agenda Item No. 10K July 27,2004 Page eV-~f 81 20.4 General Notes/Pay Item Notes 20.5 Project Layout (Not applicable for thi'i project) 20.6 Plan Sheet 20.7 Typical Details 20.8 Guide Sign Work Sheet(s) 20.9 Tramc Monitoring Site (Not applicable for this project) 20.10 Cross Sections (Not applicable for this project) 20.11 Special Service Point Details (Not applicable for this project) 20.12 Special Details 20.13 Interim Standards 20.14 Quality Assurance/Quality Control 20.15 Supervi'iion 21 SIGNALIZATION ANALYSIS The CONSULT A1'IT shall analyze and documenl Signalization Analysis Tasks in accordance with all applicable manuals. guidelines. slandanL<;. handbooks. procedures. and current design memorandums. 21.1 l'r.lffic Data Collection The CONSULT ANT shall perform all effort required for traflic data colleclion. including crash reports. 24 hr. machine counls. 8 hr. luming movemenl counls, 7 day machine counts. and specd & delay sludies. 21.2 Traffic Data Analyst'i The CONSULT ANT shall delennine signal operation plan. interseclion geometry. local signal timings. pre- emption phasing & timings. forecasting traffic. and interseclion analysis run. 21.3 Signal Warrant Study 21.4 Systems Timings The CONSULT ANT shall determine proper coordinalion timing plans including spliL,>. force-offs. offsels. and preparation of Time Space Diagram. 21.5 Reference and i\lasl.er Signalization Design File The CONSULTANT shall prepare the Signalizalion Design file 10 include all necessary design c1emellls and all associaled reference liIes. 21.6 Reference and Master Interconnect Communication Design File The CONSULT ANT shall prepare the Interconnecl Communication Design file to include all necessary design c1emenlS and all associated reference files. Signal Inlerconnect elemenls will be shown on the Lighting Plans. a separate set of SIC plans will not be prepared. 21.7 Overhead Street Name Sign Design The CONSULT ANT shall design Signal MOllmed Overhead Strcct Name signs. 21.8 Pole Elevation Analysis 21.9 Traffic Signal Opercltion Report (Nol applicable for Ihis project) 21.10 Quantities Includes all work required 10 determine the quanlities of each plan shccl. 21.11 Cost Estimate Agenda Item No. 10K July 27,2004 Page e'8-~ 81 The CONSULT ANT shall prepare the Engineer's Estimale of Probable COSI and provide with first submittal. The Engineer's Estimale of Probable Cost shall be adjustcd at each submittal to be maintained until final submittal. 21.12 lechnical Special Provisions The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the FDOT Standard Specifications for Road and Bridge Construction and recurring special provisions. Standard Specifications. recurring special provisions and supplemental specifications should not be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specificalions shall not be modilied without written approval of the COUNTY. All modifications to other sections must be justified to the Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work. matcrials, equipment and spccific requirements. method of measurement and basis of payment. These provisions shall be submiltcd on 8-1/2"x 11" sheets and shall not have holes punched or be bound in any way that would creme a problem for high volume reproduction. 21.13 Field Reviews The CONSULTANT shall collect infonnation from the maintaining agencies and conduct a field review. The review should include, but is notlimitcd 10, the following: ~ Existing Signal and Pedestrian Phasing ~ Controller Make. Model, Capabilities and Condition/Age ~ Condition of Signal Structure(s) ~ Type of Detection as Compared With Current District Standards ~ Interconnect Media ~ Controller Timing Data 21.1 ~ Technical Meetings Includes meetings with the COUNTY and/or Agency staff, bctween disciplines and subconsultants. such a'i access managemcnt meetings. pavement design meetings. progress review meetings (phase review), and miscellaneous meetings necessary for all clements of the signalization analysis. 21.15 Quality Assur.lOce/Quality Control The CONSULT AJ'\IT shall be responsible for the professional quality. technical accuracy and coordination of all surveys. designs, drawings. specifications and other services fumished by the CONSULTANT under this contract. 21.16 Independent Peer Review (Not applicable to thi'i project) 2.17 SupervL'iion Includes all efforts required to supervise all technical design activities. 21.18 Coordination Includes all efforts 10 coordinate with all clemen IS of the signalization analysis of the project to produce a final set of construction documents. 22 SIGNALIZATION PLANS The CONSULT ANT shall prepare a set of Signalizalion Plans in accordance with the Plans Preparation Manual. which includes the rollowing. 22.1 Key Sheet 22.2 Summary of Pay Hems Agenda Item No. 10K July 27, 2004 Page e'9~ 81 22.3 11lbulation of Quantities 22.4 General Notes/Pay Uem Notes 22.5 Plan Sh(,,'Ct 22.6 lnterc.xmnect Plans The conduit. pull boxes. notes etc... will be shown on the Lighting Plans. A separate set of Signal Interconnect Plans will not be provided. 22.7 Traffic Monitoring Site Two stations will be provided per scope 22.8 Guide Sign Worksheet -Guide Signs will be provided at 4 Intersections 22.9 Special Details 22.10 Special Service Point Details 22.11 Mast Arm!l\Ionotube 'Thbulation Sheet 22.12 Strain Pole Schedule (Not applicable for this project) 22.13 TCP Signal (Temporary) (Not applicable for litis project) 22.14 Tempor.lry Detl'Ction Sheet (Not applicable for this project) 22.15 Utility Conflict Sheet (Not applicable for this project) 22.16 lnterim Standards (Not applicable for this project) 22.17 Quality Assurance/Quality Control 22.18 Supervision 23 LIGHTING ANAL YSIS The CONSULT Al'IT shall analyze and document Lighting Tasks in accordance with all applicable manuals. guidelines, standards. handbooks. procedures. and current design memorandums. 23.1 Lighting Justification Report (Not applicable for this project) 23.2 Lighting Design Analysis Report The CONSULT ANT shall prepare a Preliminary Lighting Design Analysis Report. The report shall be submillcd under a separate cover prior to the Phase n plans submillal. The report shall provide analyses for each typical section of the mainline. Each lighting calculation shall be properly identified as to the area that it covers. The report shall include the Lighting Design Criteria that will be used and shall include the evaluation of at least threc lighting design a1temativcs and a recommendation on the alternative to use. Each altemative shall be properly described; the alternatives shall consider different pole heights. lamp wallagc. and arm lengths. Each alternative shall be provided with a cost estimate thai includes initial cost in addition to operations and maintenance cost for one year. After approval of the preliminary report, the CONSULTANT shall submit a revised report including a detailed lighting design analysis for each submillal. Aeronautkal Evaluation (Not applicable for this project) 23.3 23.4 Voltage Drop Calculations The CONSULTANT shall submit voltage drop calculations showing the equation or equations used along with the number of luminaries per circuit. the length of each circuit. the si:t-c conductor or conductors used and their ohm resistance values. The voltage drop incurred on each circuit (total volts and percentagc of droP) shall be calculated, and all work nccessary to calculatc the voltage drop values for each circuit should be presented in such a manner as to be duplicated by the Counly . Agenda Item No. 10K July 27, _2.004 Page ro~ 81 Load analysis calculations shall be submilled for each branch circuit breakcr and main breaker. 23.5 FDEP Coordination and Report (NOl applicable for lhis projecl) 23.6 Reference and Master Dl'Sign Files The CONSULT ANT shall prepare the Lighting Design file to include all necessary design clements and all associated reference files. 23.7 Temporary Lighting (Not applkablc for this projl'Ct) 23.8 Design Documentation The CONSULTANT shall submit a Roadway Lighting Design Documentation Book wilh each lighting plans submittal under a separatc cover and not part of the roadway documentation book. At a minimum, the design documentation book shall include: ~ Lighting Calculations. ~ Structural calculations for special convcntional pole concrete foundations if required. ~ Letter to the power company requesting serviec. ~ Power company confinnation letter on the requested services (Phase III and Phase IV submittals). ~ Voltage drop calculations (Phase 1Il and Phase IV submittals). ~ Load analysis calculalions (Phase 1Il and Phase IV submiuals). 23.9 Quantilil'S Includes all work required to dctermine the project quantities. 23.10 Cost Estimate The CONSULT ANT shall prepare .he Engineer's Estimate of Probable Cost amI provide with lirst submittal. The Engineer's Estimate of Probable Cost shall be adjusted at each submittal and maintained umilfinal submittal. 23.11 Technical Spt'Cial Provisions The CONSULTANT shall provide Technical Special Provisions for all ilems of work not covered by the FOOT Standard Spc(;ifications for Road and Bridge Construction and recurring special provisions. Standard Specifications, recurring special provisions and supplemental specifications should nOl be modified unless absolutely necessary to control project specific requirements. The first nine sections of the standard specifications, recurring special provisions and supplemental specifications shall not be modified without written approval of the COUNTY. All modifications to other sections musl be justified 10 lhe Project Manager to be included in the project's specifications package as Technical Special Provisions. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. These provisions shall be submitted on 8-112")l11" sheets and shall not have holes punched or be bound in any way that would create a problem for high volume reproduction. 23.12 Field Reviews The CONSULTANT shall collect infonnation from the maintaining agencies and conduct a field review. The review should include but is nOllimited to the following: ~ Existing Lighting Equipment ~ Load Center, Capabilities and Condition/Age ~ Condition of Lighting Structure(s) 23.13 Technical Meetings Includes mcctings with the COUNTY (Traffic Operations) staff, betwccn disciplines and subconsultants, such as progress review meetings (phase review), and miscellancous meetings r~cgeHffcf1t~ffi'No. 10K clements.. July 27, 2004 Page h~ 81 23.14 Qualily Assurance/Quality Control The CONSULT ANT shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings. specilications and other services fumished by the CONSULTANT under this contract. 23.15 Independent Peer Review (Not applicable for this project) 23.16 Supervision Includes all efforts required to supervise all technical design activities. 23.17 Coordination [ncludes all efforts to coordinate with all clements of the lighting analysis of the project LO produce a linal set of construction documents. 24 LIGHTING PLANS The CONSULT ANT shall prepare a set of Lighting Plans in accordance with the Plans Preparation Manual, which includes the following: 24.1 Key Sheet 24.2 Summary of Pay Item Slll'Cl (Not applicable for UlL.. project) 24.3 labuJation of Quantities 24.4 General Notes/Pay Hem Noles 24.5 Pole Data and Legend & Criteria 24.6 Service Point Details 24.7 Project Layout (Not applicable for this project) 24.8 Plan Sheet 24.9 Special Details 24.10 Tempo rary Lighting Data and Details (Not applicable for this project) 24.11 Traffic Control Plan Sheet.. (Not applicable for this project) 24.12 Interim Standards (Not applicable for this project) 24.13 Qualily Assurance/Quality Control 24.14 Supervision 25 LANDSCAPE ARCHITECTURE ANALYSIS and tasks 25.1 - 25.3,25.6,25.9. and 25.11- 25.13 arc not applicable for this project. 25.4 Irrigation Design - Irrigation slecves will be designed to provide access to median planting areas 25.5 Hardscape Design - Brick pavers will be designed at Iraflic separators 25.6 Cost Estimates 25.7 Technical Specification Provisions 25.8 Technical Meeting 25.9 Coordination 26 LANDSCAPE ARCHITECTURE PLANS and tasks 26.1 - 26.15 arc not applicable for this project. Agenda Item No. 10K July 27,2004 Pagen~81 27 SURVEY and tasks 27.1 - 27.35 arc not applicable for this projcct as listcd. Please see sub-consultant (Wilson Mi lIer) scope of work The CONSULTANT shall perfonn survey tasks in accorrulOce with all applicable statutes, manuals. guidelines, standards, handbooks, procedures, and current design memoranda. 28 PHOTOGRAMl\IETRY and tasks 28.1 - 28.35 arc not applicable for this projcct. Courny will provide aerial mapping 29 !\lAPPING and tasks 29.1 - 29.35 arc not applicable for this project a<; listed. Please see sub-consultant (Wilson Miller) scope of work The CONSULT A.,l\JT will be responsible for the preparation of control survey maps, right of way maps, maintenance maps, sketches, other miscellaneous survey maps, and legal descriptions as required for this project in accordance with all applicable COUNTY Manuals, Procedures, Handbooks, and Florida Statutes. All maps, surveys and legal descriptions will be prepared under the direction of a Florid.'\ Professional Surveyor and ivlapper (PSM) to COUNTY size and ronnat requirements utilizing COUNTY approved soflware. and will be designro 10 provide a high degree of unifonnity and maximum readability. The CONSULTANT will submit maps. legal descriptions, quality assurance ch\Xk prillls. checklists, electronic media files and any other documents as required for this project to the COUNTY for review at sLages of completion as negotiatcd. 30 GEOTECHNICAL and tasks 30.1 - 30.52 are not applicable for this project as lisled. Please see sub-consultant (Forge) scope of work The CONSULTANT shall. for each projecl, be responsible for a complete geotechnical investigation. All work perfonned by the CONSULT ANT shall be in accordance wilh COUNTY standards Prior to beginning each phase of investigation and after the Notice to Proceed is given, the CONSULT ANT shall submit invcstigation plan for approval and meet with the COUNTY represelllative to review the projecl scope and COUNTY requirements. TIle investigation plan shall include, bUl nol be Iimiled 10. the proposed boring locations and depths, and all existing geotechnical informalion from available sources 10 generally describe the surface and subsurface conditions of the projecl sileo Additional meetings may be required 10 plan any additional field efforts, review plans. resolve plans/report comments, resolve responses to comments, and/or any other meetings necessary to facilitate the project. The CONSULTANT shall notify the COUNTY in adequale time 10 sehedule a represenlative 10 allend all related meelings and lield activities. 31 ARCHIT}XTURE DEVELOPMENT and tasks 31.1 - 31.155 are nOl applicable for this project. 32 PROJECT REQUIREMENTS 32.1 Liaison OfTIce The COUNTY and the CONSULTANT will designate a Project Manager who shall be the represelll<llive of their respective organizalions for the Project. The final direction on all mailers of lhis projecl remain with the COUNTY Project Manager. 32.2 Key Personnel The CONSULT ANT s work shall be perfonnro and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by COUNTY. 32.3 Progress Reporting The CONSULTANT shall meel with the COUNTY as required and shall provide a written progress and schedule Slat us reports that describe the work performed on each Lask. Progress jI.~~~lfetTP~U5JXfOK shall be delivered 10 the COUNTY concurrcllIly with the monthly invoice. The Pr~eci'tra~ 27t, ~4 Page 1B~ 81 judgment on whethcr work of sufficient quality and quantity has been accomplished by comparing the rcported percent complete against actual work accomplished. 32.4 Correspondence Copies of all written correspondence between the CONSULT ANT and any party pertaining specifically to this contract shall be provided to the COUNTY for their records within one (1) week of the receipt or mailing of said correspondence. 32.5 Professional Endorsement The CONSULTANT shall have a Registered Professional Engineer in the State of Florida sign and seal all rcports, documenl<;, and plans as required by COUNTY standards. 32.6 Computer Automation The projcct will be developed utilizing Computer Aided Drafting and Design (CADD) systems. 32.7 Coordination With Other Consultants The CONSULTANT is 10 coordinale his work with any and all adjacent and integral consultants so as 10 effect complete and homogenous plans and specifications for the projecI(S) described herein. 32.8 Optional Services At the COUNTY's option, the CONSULTANT may be requested to provide posl design services. The fee for these services shall be negotiated in accordance with the terms detailed in Exhibit B, Method of Compensation, for a fair, competitive and reasonable cost, considering the scope and complexity of Ihe projeet(s). A supplemental agreement adding the additional services shall be executed in accordance with paragraph 2.00 of the Standard Consultant Agreement. The additional services may include Construction Assistance. Review of Shop Drawings, Bridge Load Rating(s) update. or other Post Design Services including complete Construction Enginccring and Inspection Services as required. 33 INVOICING LIMITS Payment for the work accomplished will be in accordance with Method of Compensation of (his contract. Invoices shall be submilted to the COUNTY. in a fonnat prescribed by the COUNTY. The COUNTY Project Manager and lhe CONSUL T ANT shall monitor the cumulative invoiced billings to insure the reasonableness of the billings compared to the project schedulc and the work accomplished and accepted by the COUNTY. Thc CONSULT A.L\fT will provide a list of key events and the associated total percentage of work considered to be complete at each event. This list will bc used to control invoicing. Paymcnts will not be made lhal excecd the pcrccnlage of work for any event unlillhosc events have aCl1laJly occurred and the results arc acccptablc \0 the COUNTY. Agenda Item No. 10K July 27,2004 Page 7\t;t 81 SCHEDULE B ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES CH2M HILL Collier Boulevard Capacity Improvements (US-41 to Davis Blvd.) Summary of Tasks I - V Total Costs - Activity Basic Services Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Permits Structural Analysis Summary BDR Temporary Bridge Short Span Concrete Retaining Walls Miscellaneous Structures Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Landscape Architecture Analysis Survey and Mapping Geotechn ical Archaeological Total Basic Services $2,264,000 Notes: B-1 Agenda Item No. 10K July 27,2004 Page 75 of 81 SCHEDULE B ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES CH2M HILL Collier Boulevard Capacity Improvements (US-41 to Davis Blvd.) Task I - 30% Submittal Total Costs - Activity Basic Services Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Permits Structural Analysis Summary BDR Short Span Concrete Retaining Walls Miscellaneous Structures Survey and Mapping Geotechnical Archaeological Total Basic Service for Task I $565,750 Notes: B-2 Agenda Item No. 10K July 27,2004 Page 76 of 81 SCHEDULE B ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES CH2M HILL Collier Boulevard Capacity Improvements (US-41 to Davis Blvd.) Task II - 60% Submittal Total Costs - Activity Basic Services Project General Tasks Roadway Analysis ROadway Plans Drainage Analysis Utility Permits Structural Analysis Summary Temporary Bridge Short Span Concrete Retaining Walls Miscellaneous Structures Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Landscape Architecture Analysis Survey and Mapping Geotechnical Archaeological Total Basic Service Cost for Task II $675,750 Notes: B-3 Agenda Item No. 10K July 27,2004 Page 77 of 81 SCHEDULE B ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES CH2M HILL Collier Boulevard Capacity Improvements (US-41 to Davis Blvd.) Task 11I- 90% Submittal Total Costs - Activity Basic Services Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Permits Structural Analysis Summary Temporary Bridge Short Span Concrete Retaining Walls Miscellaneous Structures Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Landscape Architecture Analysis Survey and Mapping Geotechnical Total Basic Service Cost for Task III $445,750 Notes: 8-4 Agenda Item No. 10K July 27,2004 Page 78 of 81 SCHEDULE B ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES CH2M HILL Collier Boulevard Capacity Improvements (US-41 to Davis Blvd.) Task IV - 100% Submittal Total Costs - Activity Basic Services Project General Tasks Roadway Analysis Roadway Plans Drainage Analysis Utility Permits Structural Analysis Summary Temporary Bridge Short Span Concrete Retaining Walls Miscellaneous Structures Signing & Marking Analysis Signing & Marking Plans Signalization Analysis Signalization Plans Lighting Analysis Lighting Plans Landscape Architecture Analysis Survey and Mapping Geotechn ical Total Basic Service Cost for Task IV $187,750 Notes: B-5 Agenda Item No. 10K July 27,2004 Page 79 of 81 SCHEDULE B ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES CH2M HILL Collier Boulevard Capacity Improvements (U5-41 to Davis Blvd.) Task V - Drainage Design Total Costs- Activity Basic Services Project General Tasks Roadway Plans Drainage Analysis Permits Survey and Mapping Geotechnical Total Basic Service Cost for Task V $389,000 Notes: 8-6 Agenda Item No. 10K July 27,2004 Page 80 of 81 SCHEDULE B ATTACHMENT B EMPLOYEE HOURLY RATE SCHEDULE CH2M HILL Collier Boulevard Capacity Improvements (US-41 to Davis Blvd.) Classification $/HR Principal Engineer $147.95 Project Manager $132.42 Senior Engineer $105.04 Enqineer/Desiqner $90.25 Environmental Engineer $83.59 Senior Technician $72.50 Technician $53.26 Senior Clerical $51.78 Clerical $39.95 8-7 Agenda Item NO.1 OK July 27,2004 Page 81 of 81 - EXECUTIVESU~ARY Recommendation to award "Annual Contract for Manhole and Lift Station Rehabilitation Contracting Services" to selected firms. Bid 04-3660, Project 73051 for $2,588,397 .00. OBJECTIVE: To maintain a list of contractors to pcrform manholc and lift station rehabilitation scrviccs on a continuing basis. CONSIDERATIONS: The Wastewatcr Dcpartmcnt has a continuing nccd for rehabilitation contracting services for repairing faulty scwcr manholcs and lift stations. Staff will idcntify rchabilitation work projccts rcquiring thc applicablc manholc and lift station rehabilitation method and issuc work ordcrs to auth01;ZC the work. Other County Departmcnts can also utilize thesc contracts for work rcquiring similar structural rehabilitation in undcrground structurcs. Bid documents wcre prcparcd for thrcc differcnt categories of manhole and lift station rehabilitation methods with a mandatory t"owth catcgory for common tasks applicable to all three mcthods of rehabilitation. A biddcr was frcc to bid morc than onc catcgory but would bc evaluatcd on a catcgory by category basis for lowcst bid and qualifications mccting the bid requiremcnts. Minimum expcrience and qualifications for biddcrs wcrc sped fied for each category. - On Aptil 29,2004 staff scnt out invitations to bid this projcct. On May 27th, 2004 thc bids werc opened. Six biddcrs submittcd bid packages for onc or morc categories as summarized in thc following tablc: BID CATEGORY BIDDER A B C Specific Rchabilitation Company, Inc. (SPERCO) . - - US Environmental Systems . - . Graley Mcchanical, Inc. - .' - Rowland, Inc. - - . Paints and Coatings, Inc. - . - Chaz. Equipment Company, Inc. - - . "."= Bid Reccived; "-"= No Bid Thc six firms bid on one or morc of thc thrcc catcgorics A, B, C. Upon revicw of the bids the following firms are being rccommcndcd: ~ Agenda Item No. 10L July 27,2004 Page 1 of 6 Category A - Cast-in-Placc Plastic Lining Rehabilitation Contract: Two bids werc rcccived and both tirms mcct the rcquired specifications. Staff rccommends awarding a contract to US Environmental Systems, who is thc lowcst biddcr for thc Cast-in-Place Plastic Lining Rehabilitation Contract. Category B - Scaling and Coating with Rcsin Lining Rehabilitation Contract: Two bids werc rcccivcd and both firms mcet thc rcquircd spccifications. Staff recommends awarding a contmct to Paints and Coatings. Inc. This firm is thc lowest biddcr aftcr considcration is givcn to thc typical mix of 48" and 60" diamctcr ManholcslLift Stations. Catcgory C - Ccmcntitious Lining Rchabilitation Contract: ll1fcC bids wcrc reccivcd of which onc firm, US Environmcntal Systems does not mcct thc required spccitications as thcy arc offcring a Ccmcntitious product not approvcd by Collicr County Utili tics Enginecring. Starf rccommcnds awarding a contract to Chaz Equipmcnt Company. Inc. who is thc lowest qualiricd biddcr for thc Ccmcntitious Lining Rchabilitation Contract. Staff has analyzcd thesc bids. finds them to be fair and rcasonablc and rccommends awarding the Annual Contract for Manholc and Lift Station Rchabilitation Contracting Scrviccs to the selcctcd firms as dcsclibcd abovc. - FISCAL IMPACT: Manhole, lirt station and wct wcll rchabilitation scrvices undcr this contract shall be auth01;zcd by work ordcr and purchase ordcr issucd by thc Wastcwatcr Collections Dcpartmcnt. Funds in thc amount of $2,588,397 arc availablc for fiscal ycar 2004 in County Projcct 73051 - Pump/Lift Station Rchabilitation. Sourcc of funds is Wastcwater User Fces (414). This projcct is consistcnt with the 2004 Fiscal Ycar Capital Improvcmcnt Budgct approvcd by the Board of County Commissioners on Septcmber 18, 2003. The Master Plan is projccting capital expcnditures of $1.585.500 in FY 2005, $1,664,800 in FY 2006 and $1,748,O<X) in FY 2007 for this contract. Thcsc subsequent years capital funds will be considcred relcased to this contract only upon approval of the corrcsponding ycar Capital Budgets by thc BCe. GROWTH MANAGEMENT IMPACT: This projcct is consistcnt with and furthcrs thc Goals, Objcctivcs and Policics of the Collicr County Growth Managcmcnt Plan and is consistent with thc 2003 Wastewater Mastcr Plan adoptcd by Thc Board of County Commissioners on May 25, 2004. itcm lO C. RECOMMENDATIONS: Staff rccommcnds that The Board of County Commissioncrs, as Ex-officio goveming board for the Collicr County Water-Sewer Distlict, award Bid 04-3660 - "Annual Contract for Manholc and Lift Station Rchabilitation Contracting Scrviccs" to thc selectcd firms and authorize thc Chailman to sign thc Agrecmcnt aftcr review by thc County Attorncy. .-. Agenda Item No. 10L July 27, 2004 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 10L Item Summary Recommendation to award "Annual Contract for Manhole and lift Station Rehabilitation Contracting Services" to selected firms, Bid 04-3660, Project Meeting Date 73051 for $2,588,397.00. 7/27/20049:00:00 AM Prepared By Porfirio E. Gramatges. P.E. Sr. Project Manager 7/8/20042:19:32 PM Public Utilities Public Utilities Engineering Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 7/11/200411:02 PM Approved By Joseph B. Cheatham Wastewater Director Date Public Utilities WasteWater Treatment 7/12/20049:40 AM Approved By Lyn Wood Purchasing Agent Date Administrative Sorviccs Purchasing 7/13/200411:15 AM Approved By Steve Carnell Purchasing/General Svcs Director Date .~..-.. Administrativo Servicos Purchasing 7/131200411:17 AM Approved By Thomas Wi des Operations Director Date Public Utilities Public Utilities Operations 7/14/20049:03 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 7/15/20043:24 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/15/20044:15 PM Apprond By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/19/200410:10 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/19/200410:43 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/19/200412:52 PM Approved By William D. Mullin. PE Principal Project Manager Date Public Utilities Public Utilities Engineering 7/9/20049:19 AM Agenda Item No.1 OL July 27.2004 Page 3 of 6 Bid 04-3660 Annual Contract for Manhole and Lift Station Rehabilitation Contracting Services Due Ma 27, 2004 Project Manager: Phil Gramatges Date Posted: April 29. 2004 Item Description A--- - - MANHOLEiUFisT ATiONIWETWEl..1.. REHABILITATION BY CAST-IN-PLACE METHOD A 1 u---'Cast-ill~Place-pfastjc Lining: - Manhole/Lift Statlon(LS) Rehabilitation A-C1~C-ast:in-Place PlastiC-Lining of MantiOie/I..S:48"dlam-eter-'- Total Cost (VF) A f2-~Cast-in-Plai:ePlastic Linmg()f Manhole7CS:60"diameter -- -- __________. Jota!90st(VF). A 2 Cast-in-Place Plastic Lining: Surface Rehabilitation of Lifi'StationslWet Wells A-2~~Cast-in-~pface P-lashCLining of Lift~StationSlwetWells ----- Total COinSF) A 3 Mobilization/Demobilization A 3.1 Mobilization/Demobilization if less than 10 manholes or ------iessth1m750 SF-perjob-wOrk order SPERCO US Graley Environmental Mechanical $750.00 $750.00 $600.00 $750.00 $55.00 $35.00 Total Cost (EA)'- --$2.50000 -S5()000 CATEGORY A TOTAL $~,9~~:Q.0 __~.885.00 u_ 'MANHOLE/LIFT STA.TIONIWET WELL REHABILITATION BY SEAL AND COAT METHOD -ManholeiUti Staiioni'NetWElifRehabilitation by __._~___u_ Sealing and Coating with Resin _n 81-:1---. Seal and Coat Manhole/Lift Station-48" diameter _un. .TQta.!c;OSL{'{F) B1~i--sealari(ICOaiMllrihoTe7CiftStation-60"diameter . ___.. ... _______u_ ""n.'. ._ _______ TotaICo,sUVFL 82- l.lftStation and Wet Well Surface Rehabilitation by Sealing and_~~ting wi!.hR~shl_____. _. . _ _____._ ________ _ B 2.1----- SeaTandCoat Lift StationlWet Well-Surface Rehabilitation . ____.. __~______.I.()tal_C()st (SF).__ No Bid. - MobIlization/Demobilization Mobilization/Demobilization if less than 10 manholes or .... . less than7S0-SFper job work'order . ---- - --- B B1 83 B 3.1 Total Cost (EA) CATEGORY B TOTAL No Bid No Bid No Bid .---~-- No Bid Page 1 of 3 No Bid No Bid No Bid No Bid No Bid No Bid No Bid 528900. $361.00 Rowland No Bid No Bid No Bid No Bid - No Bid' No Bid No Bid Notices Sent: 149 Packages Received: 6 Paints & Coatings Chaz Equipment No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid N I'.. $275.00 No Bid $400.00 No Bid _~..fIlCl...E3i.d___.~23.00 ___I'.JoBid~g1:00 No Bid No Bid No Bid . NlA------ No Bid No Bid $500.00 No Bid $1:196.00' Agenda Item No. 10L July 27,2004 Page 4 of 6 No Bid No Bid Bid 04-3660 Annual Contract for Manhole and Lift Station Rehabilitation Contracting Services Due Ma 27,2004 Project Manager: Phil Gramatges Date Posted: April 29, 2004 Notices Sent: 149 Packages Received: 6 SPERCO US Environmental Graley Mechanical Rowland Paints & Chaz Coatin~ Equipment C MANHOLE/LIFT STAifoN REHABILITAilONBY- . CEMENTITIOllS LINING ---- ____u_ Man hole/Ll~ Stat\()~~~_h<l!)llItatl()n by Cemel1tl!l()us L1~~ . C 1.1 cementliious Liningof Manhole/Lift Station-~" diametElr _. .__ _ ____nO ---- ..----~----- Total Cost (VF) -No Bid $250.00 No Bid $299.00 No Bid 288.00 C 1.2 Cementitious Lining of ManhOle/_Li~~~~tiO~.~9~'_<?i~~~!_~_~ ==--=~=~== ~=.:=-~--------- -- -~~--------~~._------._- ---------- - - Total Cost (VF) No Bid $35000 No Bid. $380.00 No Bid 29000 .9.~____. Lift Station Surface Behabllltatlon by Cementltlous-----~ . ~-------- ---------~-------~---- Lining Cementitious Lining Rehabilitation of Lift Station Surface --~ ---- -- ---- TO!<J.I Cost (SF1___No Bl(j___ ~2300____ No B!~._~. $30.0Q=---~~ig______?5.00 .~-~--~..._-~._-----_._---------_._----_._---_.._~- C1 C 2.1 C 3 Mobilization/Demobilization C-3~ .-MobilizatlOn/Demobilization iffessthan-fomanholesor----- .-- __nO _~-SS!l1a-" 7~O SFJlElrjOI:l_Yt.ork order-~-- Total Cost (EA) No.Sld $500.00 No Bid. $2,000.00 No Bid CATEGORy'-C-TOTAL-NOSia--$Tf23.00 ---Nosid---$2,709.00~~-r',joBid. 5.00 608.00 -- D SEWER BYPASS [ff---- BypaSsPi.imp Setup;';"lth BypassPiplng-- . . . . .--- o 1.113ypass8.se'NerSetUP-----------~--------~.-------~~---- . Total Cosi(EA). $1,50000. ___~~400.6L___$500.QQ~_~.~,500.QO~__ ~$500.0Q~__ 2.500.0Q o 1.2 _.~yl?ass_10"t()!2.._$~""_er~tuP 0..1::3__ _~YPllSS 15"to18"_Sewer$etup _ o 1.4_Bypass~4:"_Sew_e.rs.SellJP . Total Cost (EA) $1,800.00 $2,9000Q $500.00 . $500.00 $3,000.00 $750.00 .. 3,000.00 $5,000:00. ... $2.000.00. 5,000.00 $8,000.00 $2,75000 6,000.00 $400.00 $350.00 100.00 Total Co.st (EA). .$1~800.00. $4,90..0.00. --- t6taTCosffEA)------~ $f~86o.o6' _$6,90.Q_,Q~ $50000 o 2.1 _~ypass..~'~r11e I .--------.--- .---fotaICostiOAvf $1,700.00 $190.00 02.2 Bypass 6" Pump I TotaTCoSt(DAY)'--$1.800.oi)- -$240.06- o 2.3__Bypass 8" flJ..fll2._ I -~-----fotal.CoSt(bAyr $2, 1 00:qO.--$290~00. $200.00.. , , . ---$3oo.60~----$iOo.oo-- $500.00 300.00 $400.00. $1,000.00 $500.00 325.00 O--.?.i....___~yl?~s.s.J_~f'~ITl!l_ ----TotalCoslDAY----$2,40O'OO. ... $31500 $500.00 $1 ,5oo~o6~-- ----$500..00~-~~ll".OO Agenda Item No. 10L July 27,2004 Page5of6 Page 2 of 3 Bid 04-3660 Annual Contract for Manhole and Lift Station Rehabilitation Contracting Services Due Ma 27,2004 MATERIAL MANUFACTURERS ---------.- LIST OF SUBCONTRACTORS STATEMENT OF EXPERIENCE OF BIDDER A(jdenda AcknowledgEldjX/N) AgenL ~rE!nda Bnlhart Witness: Sue Hebbe Project Manager: Phil Gramatges Date Posted: April 29, 2004 SPERCO y y y y Page 3 of 3 US Environmental y y y y Graley Mechanical y y y y Notices Sent: 149 Packages Received: 6 Rowland Paints & Coat~r1g~____ y N/A y y y y y y Agenda Item No. 10L July 27, 2004 Page 6 of 6 Chaz Equipment y See Bid y y EXECUTIVE SUl.\'Il.\'IARY Recommendation to award to Diversitied Drilling Corporation, Bid No. 04-3663, North County Regional Water Treatment Plant Water Supply Wells - Well Drilling Services up to an amount not to exceed $3,207,613; Projects 710061 and 710111. OBJECTIVE: To increase the reliability of the North County Rcgional Water Treatment plant watcr supply wcllfield by continuing the Lower Hawthorn wcll rcplacemcnt program and by adding Mid Hawthorn production wens at new and existing wcll sites. CONSIDERATIONS: Thc intent is to add ncw Lower Hawthorn wells and new Mid Hawthorn wells at each of thrce new well sitcs (for a total of six (6) ncw wclls), and up to an additional eight (8) Mid Hawthorn wells at existing well sitcs. This contract is nccdcd for well drilling serviccs, which include site prcparation, construction of an acccss road, a geotechnical investigation, and thc construction and tcsting of wells. - The intcnt of this contract is consistcnt with thc 2003 Water Master Plan Updatc as idcntificd by the Board on May 25, 2004 as Agcnda Item 1 OD. This contract will fUlther the proccss to enhancc watcr supply reliability given the continuing trend of dcclining quality and quantity from thc existing Lowcr Hawthorn wclls. The 2003 Water Mastcr Plan Updatc identifies thc continucd Lower Hawthorn well replaccmcnt program for FY 2004-2008 while thc addition of Mid Hawthorn wclls is identificd for completion at a latcr date. Howcvcr, changed conditions since thc Mastcr Plan Updatc havc ncccssitatcd an adjustment to the timing to executc ncw Mid-Hawthorn wells. including: . continuing delays in the start-up of the SCR WTP 8-MGD RO Expansion . delays in moving forward on ncw fast-track Lowcr Hawthorn wclls because of environmental resourcc permitting issucs . the recent dccline in yield from the existing Lower Hawthorn Wells to now rates substantially below thosc used as the basis of the Master Plan. The wcll drilling scope of work is outlined as follows: Part A: . Sitc preparation, construction of access road and geotcchnical invcstigation at well sites RO-18N, RO-19N and RO-20N. These well sites extend to the north from the existing Hawthorn wellficld along Vanderbilt Beach Road Extension, cast of Collicr Boulevard. . Construction ofthrec Lower Hawthorn wells at well sitcs RO-18N, RO-19N and RO- 20N. Part B: . Construction of thrcc Mid Hawthorn wells at wcll sites RO-18N, RO-19N and RO- 20N. Part C: . The addition of up to cight (8) new Mid Hawthorn wells bascd on rcadily availablc sites adjacent to existing wells RO-lN, RO-2N, RO-8N, and RO-13N through -17N. -- Wcll sites RO-18N, RO-19N and RO-20N arc on cascmcnts approvcd by the Board on April 27,2004 as Agenda Items l6C4 and l6C5. On February 16,2002, Agenda Item 1OJ, the Agenda Item No. 10M July 27, 2004 Page 1 of 15 Executive Summary Award Bid-04-3663 Pagc 2 Board approvcd and awardcd a contract for thc dcsign and construction of ncw revcrsc osmosis rdW watcr supply wells (wells RO-12N through RO-17N) for thc NCRWTP. Professional engineering services on this projcct are providcd by Hazcn & Sawycr, P.C. (H&S) under Work Order HS-FT-04-01 (Projcct 71(061), Board approvcd on Dcccmbcr 16, 2003 as Agenda Itcm 16C14 and undcr Work Ordcr HS-FT-04-03 (Projcct 710111), Board approvcd on Junc 22, 2004 as Agenda Itcm l6C12. The proposed method of compensation for Parts A, Band C abovc is a combination of lump sum and unit pliccs. Thc bid pliccs includc al1labor, tools, matcrial and supplics, and cxpenses incurrcd by thc biddcr. The contract award is based on the total basc bid price, which is the sum of Parts A. Band C, by the lowcst, qualificd, and rcsponsivc bidder. Wcll drilling proposals werc rcccivcd on July 9, 2004 as follows: Biddcr Total Base Bid Pricc Diversified Drilling Corporation $3,207,613.00 Jaffcr Associates Corporation $3,985,105.00 A.c. Schultes of Florida, Inc $4,602,000.00 .- H&S and staff have cvaluatcd the bids. Diversit1ed Dli11ing Corporation is thc apparcnt lowcst pliced, rcsponsiblc and responsive bid. H&S has chcckcd their refcrenccs and the rcsults are satisfactory. Thcrcforc, H&S and staff rccommcnd award of thc bid to Divcrsitlcd Dlilling CO'lJoration up to an amount not to excced of $3,207,613. For the record. staff discovcrcd a $500 mathematical crror in the Total Basc Bid Pricc of $3,207,613 submittcd by Divcrsificd Drilling Corporation. Thc corrcct calculatcd Bid Tabulation value is $3,208,113. The H&S recommendation lctter datcd July 9. 2004 and thc bid tabulation are attachcd. H&S' estimate for this project is $4,171,200. FISCAL IMPACT: Funds in the amount of $3,505,O<X) are available undcr Project 710061, NCRWTP RO Wellfield Rcliability and in thc amount of $5,430,000 undcr Projcct 710111, NCRWTP New Mid-Hawthorn We11tlcld. Thc intent of thc proposcd work is consistent with the Watcr Capital Budget funds budgctcd for FY 04 for Projects 710061 and 710111, as approvcd by thc Board on Scptcmber 18, 2003. Sourcc of funds is Watcr U scr Fees (412). GROWTH MANAGEMENT IMPACT: There is no impact on growth management relatcd to this project. - RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-ofticio Governing Board of the Collier County Watcr-Sewer District, award Bid 04-3663, North County Regional Watcr Treatment Plant Water Supply Wclls - Well Drilling Scrviccs to Divcrsified Drilling Corporation, at a cost amount not to cxcced $3,207,613.00, and Agenda Item No. 10M July 27,2004 Page 2 of 15 Exccutive Summary Award Bid-04-3663 Pagc 3 authOlize thc Chairman to sign the standard Counly approvcd contract aftcr rcvicw by the County Atlomcy as to form and lcgal sufficiency. .- ,-- Agenda Item No. 10M July 27, 2004 Page 3 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 10M Item Summary Recommendation to award to Diversified Drilling Corporation, Bid No. 04-3663, North County Regional Water Treatment Plant Water Supply Wells - Well Drilling Services up to an amount not to exceed $3,207,613; Projects 710061 and 710111. Meeting Date 7/27/20049:00:00 AM Prepared By Karen B. Guliani, P.E. Senior Project Manager 7/9/20044:15:04 PM Public Utilities Public Utilities Engineering Approved By Paul Matlausch Water Director Date Public Utilities Water 7/11/20043:06 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineeri ng Director Date Public Utilities Public Utilities Enginoering 7/11/200411:17 PM Approved By lyn Wood Purchasing Agent Date Administrative Services Purchasing 7/12/200412:33 PM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 7/12/20041:15 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7/13/20049:24 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 7/14/2004 B:55 PM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 7/15/20044:03 PM Approved By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/15/20044:35 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/19/20042:15 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/19/20046:04 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/20/2004 B:59 AM Agenda Item No. 10M July 27,2004 Page 4 of 15 Bid 04-3663 "North County Regional Water Treatment Plant Water Supply Wells' Due: July 9, 2004 Project Manager: Karl Boyer Date Posted: June 4, 2004 Addendum #1 Jaffer --- -PART A=COWEifHAWrHORN WELLS ATNEW.WEL.LSrTES Item~=~~~~~ption ---------------- ---- - Site preparation, construction of access road and geotechnical . investigatiol1_______.___ Unit Price (1) -- --- -----.--------------- Total Price (EA1~,_ Allowance item for the removal of unsuitable soil and replacement with fill. This allowance shall be used only at the discretion of and by written order of the Owner. This item shall be used to pay for the excavation, removal and disposal of unsuitable soils and the replacement of the excavated soil with fill and compaction of the fill. Amount to be paid shall be negotiated or agreed to by both parties. The Owner reserves the right to award any, all or none of the money associated with this allowance. 2 663,750.00 Allowance 100,00000 3 Mobilization for Part A ----~_._-~-_.~------_.._.._--_._-----_._--_...- 415,000.00. 4 5 6 7 Un it Pric:e (12 To!alPrice (EA). Payment & Performance Bonds for Part A Unitf'r.is:.e. (1) _____. n . Total Price (IO:I\L__ 41,00.0.00 Construction of Lower Hawthorne Production Well RO-18N .complete. Schultes Diversified 765 Jl9.l!c. o..Q.._ 3.!.1"Q9.Q .00 100,000.00. 100,000.00 50,000.00. 1_25,00000 2.~QOOOO ~.QO..:..OO ..J-In it Price ( 11. Total Price {EAt___~.zz,450.00 ---.1.1.4,000.00 Construction of Lower Hawthorn Production Well RO-19N complete. Unn Price (1) Total Price (EA). Construction of Lower Hawthorn Production Well RO-20N complete. 177,450.00 314,000.00 198,971.00 198.971.00 Unn Price (1) Total.p..ri.ce (EA.L....!!~50.0Q~,OOO.0~~!h971.00 TOTAL FOR PART A BID ITEMS 1 THROUGH 7 INCLUSIVE : 1,752,100.00 1,872,000.00 1,152,913.00 Page 1 of9 Notices Sent: 93 Packages Received:3 Agenda Item NO.1 OM July 27,2004 Page 5 of 15 Bid 04-3663 "North County Regional Water Treatment Plant Water Supply Wells" Due: July 9, 2004 Project Manager: Karl Boyer Date Posted: June 4, 2004 Addendum #1 ___=?~if!~~lus,-me~1yaiues_:=====--. =-~~===~.===:~----- -- -.---------... (To Establish ~ Unit Prices for Part A Bid Items 5, 6 and 7) Item "Descrlptlon___.____ - '. -- :Fordrilling a nllrTiir'-aI34-inchopen hole'trom the bottom of the pit A.Ol casing to 180 feet bls 45 8,100.00 Unit Price (180) Io_tal ~rice (F'!L . 35.00 6,300.00 150 27,000.00 A.02 Furnish Clnd install 24~nch surface casing. lJnitPric:e(180)' 120.00 - 125.00'- 60.00 Total Price (FT).n ---zl:sOollo-- 22,500~.o~_1 0,800.00 ~03_ __.fcl!..cefTie-nting g4-illC~_diarnet~r..Wrfacecasing in place.______._ ._______. ------- ____._~~_________ ___________UnitPrice (1000). ...___ _6.00_ . ..... _. 1500.___6.00 (T olal Price (SKL-_~cOOO .0Q.~~QCl.oJlll....__Jl,0_0000 For drilling nominal 8-inch diameter pilol hole from lhe bottom of the A.04 _ __H' su.r!.ace C<iSingt() 800_feet b.ls. Unit PriCe (62())' 10.00 --.-----.-----~~~------- ---- - Total-PrIce ((FT) .-------6~200.00 For drilling a nominal 24-inch open hole from the bottom of the A.05____surfacElcasingt075.,Q feetbls.__ 87.00 25.00 53,940.00 ._~~,500.00 A.06 Unil Pric:~(~70f=__ }O.QQ______l()~O() .______3~:00 Total Price (FT) 17,100.00 58,140.00 19,950.00 Furnish and install 16-inch fl!oductiQ!l. casi~___~========--====== ~______~___~_________ __Unilf>rice(i'50).--. __120.00. ___ __8.000.______7.000 .. 'fotalf>ricejfT). 90,000.00 . f)O,()OO,O.o. _ _~2,5QO.00 A.07 . For cementiiigi6~inCii production casingin place. 21.00 42,OOO()0. 6.00 12.,.000.00 Unit Price (200QL:=: 6.00 _______ __Om. _ _ ________ ___ . __.Iotal_f>ri~(SI<L 12,OO().()0_ For drilling a nominal 16-inch open hole from the bottom of the production casing to 1,100 feet bpI. A.08 i Unil Price (350)' 25.00 5000 25.00 Total Price (F!l--8,750~OO-- 17,500.00 --a,7S0.00 r--- ------- .-:-_.~- ---unit"Price(4r- 275-.'00' 250.00-250])0 Total Price HR 1,100.00 1,000.00 1.000.00 ~.09~==}0-,,-,-eve~~ai!..'wVell develoe!!1.ElflL___.~ Page 2 of 9 Notices Sent: 93 Packages Received:3 Agenda Item NO.1 OM July 27, 2004 Page 6 of 15 Bid 04-3663 "North County Aegional Water Treatment Plant Water Supply Wells" Due: July 9. 2004 -----.PARTAAdjustmentvalUes con','. . Itemoescii~tion.. -.. -------- A.I0 For high rate pump developing. A~ff--'Forstep-drawcj()wntest:------- -- A.12 Fe! stand_~by_ (rig~rlSi_creVVor1site). i\~.Forstarlcj:.byjrig _on_sItE;l and crevv off site). A.14 A.t5 For extra work. drilling.!i9 and drilling crew. For extra work. crew -and pump hoist. A~ .forEl~!r<ivv(J.rkJly <:!eYl__ Project Manager: Karl Boyer Date Posted; June 4, 2004 Addendum #1 ___ Un it Price (121- __Tota'.f)ric:e (HA). 250 3,000.00 275.00 3.300.00 Unit Price (4)._.___275.00__~ll.:.o_0 Total Pricejf:lB). 1.10.02.0 _2,6.0000 250 3.000.00 750.00 3.000.00 Unit Pric~310)~?00cQQ~2}5lJ()__10000 Total Price (HAl 2.000.00 2.250.00 1.000.00 _ Unit Price (1_0t Total Price (HRl 100.00 1,000.00 150.00 ---------." .---. 1.5000q._ _ ____Unit Price (10) T()tal !'riCEl (H. R) 50.00 450.00 -. . 500.00 _n~.50QOO. 50.00 500.00 200.00 2,000.00 -------- ---- Unit Price (1 Q) _Tota,lf'ric:e (H.Fl). 30.00 165.00 100.00 -----_._----~------------ 30000 1.650.0.0 1,000.00 Ur,ijPrlCe(1 01._::?Q()L_..-~.145.00~-:-~.QO Total Price HA 200.00 1,450.00 500.00 Page 3 of 9 Notices Sent 93 Packages Aeceived:3 Agenda Item No. 10M July 27.2004 Page 7 of 15 ----- 'PART BMIO=HAWrHORt.fwELLS-ATNEWWELlSITES--.-;---- - . Item--- .oescrlpiIOn-----~------.- -.----- ...- - - ..-- Construction of Mid-Hawthorn Production Well-RO-21 N complete. Well RO-21 N will be at lhe same well site as Lower Hawthorn Production Well RO-18N. ----.-- - ------- ----- -----.--Unit PrTce(1) ________m Total Price Construction of Mid-Hawthorn Production Well RO-22N complete. Well RO-22N will be at the same well site as Lower Hawthorn ~_Production Wel~RO-19f'1l' Bid 04-3663 "North County Regional Waler Treatment Plant Water Supply Wells' Due: July 9. 2004 Project Manager: Karl Boyer Date Posted: June 4. 2004 Addendum #1 8 140.~00 .00 10 Unit Price (1) __ ___.._ _____. _.. . m ~_. . Tot,!1 Price _ 140.200.00 Construction of Mid-HaWthorn Production Well RO-23N complete: -. --- Well RO-23N will be at the same well sile as Lower Hawthorn Production Well RO-20N. 225,000.00 155,000.00 225,000.00155,000.00 11 --.. -. MobiiTiation fOr Part B- Unit Price (1) _~_:rotal P.r:ice_ _.140,20ll.QQ._ <!2~,OQQoOQ 12 - -- - -- __ .fa.y.~Il!a..f>.erf()rrTlan_ce.. Bgl'lds. for'paI"lB. Unit Price.t1L_____ ____.__ . __TOtell Price 182,900.00 _ 2~00000 Unit Price (1) Total Price !OfAI..fO~~~! B (BTO_Il"EMSj[[H.I!.OUGH_ ~_INCLUSIVE): _ ~5,OOOJlO 81,700.00 17.500.00 10,000.00 10,000.00 -621 ,OOO.OO~10,OOO]O:~6,700J)0 Part B Adjustment Values (To Establish ~ Unit Prices for Part B Items 8, 9 and 10). -- -------- ---------------------- -. --..----- - ---- . -- --- --....---..... - -- ..---- --------"---_.------------ For drilling a nominal 34-inch open hole from the bottom of the pi1 B.Ol casing to 180 feet bls. B.02 ---- '.F i:imishaneJinstaif24:fn-ch surface caslng.- _____UnitF'ricEl(180L 45.00 225.00 ~a!l'.ri.~_(fTJ.. _ _J3,lQQ.(j0.___4.Q,?00.00 i Unit Price (180) 135.00 Total PriceFf~~.300.00 Page 4 of 9 145.00 26,100.00 45.00 8cl00.00 60.00 10,800.00 Notices Sent: 93 Packages Received:3 Agenda Item NO.1 OM July 27, 2004 Page 8 of 15 Bid 04-3663 "North County Regional Water Treatment Plant Water Supply Wells' Due: July 9, 2004 Project Manager: Karl Boyer Date Posted: June 4, 2004 Addendum #1 Part B Adjustment Values Con't It~rn u__ ~ DeSCription - -- - --- B.03 For cementing 24-inch diameter surface casing in place. _ .. ._____.._____._ . ___no U_nit Price (1000) .__ '___.__ 00__________ ._---.Iotal_f>ri~e(SK). For drilling a nominal 24-inch open hole from the bottom of the surface casing to 450 feet bls. B.04 B.05 Furnish and install 16.inch prod.l!.ction casi.'"!.9. UnJ1price (270) Total Price (FT). B.06 .UIiit PricE! (450) .. _ ..Totall'rice(FT). .- --- - _ .J=orcemerlting 1 ~:ir1.Ch production casing in place, 7.00 15 '-. 6 7,000.00 15,000.00 6,000.00 --_._-- 175.00 .- 4000 35.00 10,800.00 47,25000. 9,450.00 140.00 80.00 70.00 63,000.00 36,QOQOO _31,500..00 Unit Price (12~01__JQO~___~:.00._._6.00 TotaIPri~~L_~~50()()___18,750.00 _. _....z.~Q()Q.O For drilling a nominal 16-inch open hole from the bottom of the El.:.0:~____ ~rocluctior'_(:asing !o 700_~eeJbls,__ 8.08 .Fof.rEl\ferse air_~ell development. Unit Price (250) _u__~~()() 94.00 25.00 __Igtal Price (ED_----.El,?~0.00__~500Q.()~!~50.00 B.09 Unit Price (4) . -- Total Price (HR) For high rate pump developing. 275.00 1.100.00 250.00 1,000.00 250.00 1,000.00 B.10 For step-drawdown test. ___Unit'=.rice(12)._ 0 275.00. 25000 250.00 ____Iotal Price (H'=')._:3.,:3.0000_ __3,00000_----.l,Q.OO.00 Unit Price (4) 275.00_~~().00,_._750.00 Total Price (HR) .__----.!.' 1 OO.OQ__2,60000. ____:3.,QOOOO B.11 .fo.r..S!ClnC!-byJ,rig and ~ewo.r1..~eL______.. Unit Price (10f Total Price (HR) B..:~_,_.. For stand-~j~g on site ?.':Id crew off site~_.___ "'0 _____, Unrt Price (10) -. --Tolal'Price (HR) 8.13 For extra work. drilling rig and drilling crew. Unit P!ic.El.11Q) ____50 .00 Total Price HR 500.00 200.00 ----------- 2,000.00 Page 5 of9 200.00 2,000.00 225.00 -_. 2,250.00 100.00 1,000.00 100.00 150.00 -- ...-------- 1.0.0.0..0.0. 1,50.0..0.0. 50..00. ------------- 50.0..0.0. 450..0.0. ----_.-._-----.- 4,50.0.0.0 Notices Sent: 93 Packages Received:3 Agenda Item No. 10M July 27, 2004 Page 9 of 15 Bid 04-3663 "North County Regional Water Treatment Plant Water Supply Wells" Due: July 9, 2004 Project Manager: Karl Boyer Date Posted: June 4, 2004 Addendum #1 . -~~-_~~__~~~!t~A~J~~~-!!l~:~i5i~_~~-~~:~~~~~.==~-~------ It~m__ Description B.14 For extra work, crew and pump hoist. 30.00 300.00 165 1,650,00. __ 100 1,000.00 __lJnit Price(10L n _ _"()tal_~rice(f:lRL B.15 For extra work by crew Unit Price (10) 20.00 14500 50.00 _ T~tal Price (HBY~----- 200-:OO--T450:06'--~ooOO 13 --. PART C Mib-~HAWftiORN WELLs AT EXISTING WELL SITES Construction of Mid-Hawthorn Production Well RO-24N complete------- ----------------- with mobilization and Payment and Performance Bonds. This well will be constructed at an existing well site to be selected by the Collier County Wa1er-Sewer Dis1rict. _____~_ 14 ____.!J.nitfriCEl-i1L----- _ ---------------- ___ ____ __ Total Price (EA). 201,715.00 260,000.00 185,500.00 Construction of Mid.Hawthorn Produc1ion Well AO-25N complete with mobilization and Payment and Performance Bonds. This well will be constructed at an existing well site to be selected by the n.C;ollierCoLJnty_""ater-Sewer District.. .n ... . Unit Price (1) ---------.---- --- - ----Total Price (EA)' 201 ,715.00 260,6oo.()q:~___~!J5,50~}~Q Construction of Mid-Hawthorn Production Well RO-26N complete-------------------------- with mobilization and Payment and Performance Bonds. This well will be constructed at an existing well site to be selected by the Collier County Water-Sewer District. 15 Unit Price (1) Total Price EA 185.500.00 201 ,715.00-260-:-0000o-----f85~500 .00 Page 6 of 9 Notices Sent: 93 Packages Received:3 Agenda Item NO.1 OM July 27,2004 Page 10 of 15 Bid 04-3663 "North County Regional Water Treatment Plant Water Supply Wells" Due: July 9, 2004 Project Manager: Karl Boyer Date Posted: June 4. 2004 Addendum #1 - ------ .-..-.'---------- ------ -- - ---- --- PART C MID-HAWTHORN WELLS AT EXISTING WELL SITES ~_~_n:t Item _DeSCription. Construction of Mid-Hawthorn Production Well RO'27N complete with mobilization and Payment and Performance Bonds. This well will be constructed at an exis1ing well site to be selected by the 16 Collier County W!!l~r::Serer Di!lt.ri~t.__ Un it Price (1)_ Total Price (EA) 201.715.00 26_0.000.00 Construction of Mid-Hawthorn-Production Well RO-28N complete -. with mobilization and Payment and Performance Bonds. This well will be constructed at an existing well site to be selected by the _ _ _CollierCou.ntY'Nater-Sewer District. _ _ _ _ ___ __ Unit Price (.!l.__ __.____~_______ ___ Totall'rice JE:~1~ 201-,?l!),:<>.o__~Q,QQ.0.O.o_ 185,5Q<J.:0.Q Construction of Mid-Hawthorn Production Well RO-29N complete with mobilization and Payment and Performance Bonds. This well will be constructed at an existing well site to be selected by the 11l.........___Collier County Water-Serer Distr!<::t.__._________ Unit Price (1) . __nn _ ___u__uUTotaIPrice(~): 201.715.00 -Construction of Mid-Hawthorn Production Well RO-30N complete with mobilization and Payment and Performance Bonds. This well will be constructed at an existing well stte to be selected by the !~__y()!ii.er County W~l~!.~~~rer DistricL_ n_ _____ ._~____ 17 185.50000 _260-,000.00 u113?,~0000 Unit Price (1) Total Price (EA) __ 201,715.00 __ ?fiQ,OOO.OO _.J.?5.500.00 Allowance item for all work necessary for the preparation of existing well sites for well drilling construction. This allowance item shall be used only at the discretion of an by written order of the Owner. Amount to be paid shall be negotiated or agreed to by both parties_ The Owner reserves the right to award any. all or none of the money 20 associated with this allowance. Allowance TOTAL FOR PART C (BID ITEMS 13 THROUGH 20 INCLUSIVE) 200.000.00 1,612.005.00 Page 7 of 9 2.00,000.00 2,020,000.00 200.000.00 1.498.500.00 Notices Sent: 93 Packages Received:3 Agenda Item NO.1 OM July 27, 2004 Page 11 of 15 Bid 0.4.3663 "North County Regional Water Treatment Plant Water Supply Wells" Due: July 9, 20.0.4 Project Manager: Karl Boyer Date Posted: June 4, 20.0.4 Addendum #1 --- ,--"------ -.-----_._---- ____.Parte: ~iustmentVahJes----,..- - . (To Establish oar Well Unit Prices for Part B Items 13, 14, 15, 16, 17,18 AND 19). Des,c"rlp!IOn __ _ . __n_ . _ - - - For drilling a nominal 34.inch open hole from the bottom of the pit gJl.!..____casir19to 180. feet bls. Item ,_Unit Pr!c~~()l_ __45.QQ_ 258 45 Tota! Pric~ (F}L_ 8,IQ() QQ. . _ 4!l,440QQ:--8,HiQQO C.Q2 - --- ---- -- ------- furn~ha!1dinstaI124~inch surfacec;asing. ~::"'_~_,lJn!tJ>.r!(;Ell1.~QL----l ~:Q()=---J~6,OQ~___~()~QO . T ota\ Pric,ElETL.....__24,3()().()()___ 35,28QQQ,~ ,800. .0.0. _un' For c:ElrT1.l!nting24.irlc!1.9iametersurfCice_casingin place. LJnil Price (10.0.0.), _ 7.0.0. Total price.@5L_2cQQQ.QQ For drilling a nominal 24.inch open hole from the bottom of the .,surface casing t045Q feet bls. CQ3 15.0.0 6.0.0 15,0.0.0..00. ._~,QQQOQ C.04 __ _ __ ___ _______ n__'____ _ __ _Unit!'rice (270)___ 40,00.__ 2250_0. 0 _. __ 350() ____ __-----.---.l()~~c:llJ.EIL..--.1Q,8()()OQ--~0~~0.OQ-- 9,450.00. g,,0,s___ .f.i.I.rniS!1...C1I1,cli!1~~1IJ.6.inc:.h~duction ca~~,-___,~___ ---------.---- Unit Price (450.) t40.00 8000 70.00 .____ .--' __ ____Total_Pr~e (fT) 63,OQQ.QQ, 36,00.0.00 3t ,500:00 For cementing 16.inch production casing,in place-'-__.________ --. . Uni!..!'ric:ElJ.~!)()L___7.:~__I..5.0Q~-t)-'-O"O .-___._ _ d _________ _ _To.talprice@Kl. 8,750.00 1,B,7!)000 ,7,500.00 For drilling a nominal 16-inch open hole from the bottom of the production casing to 700 feet bls. C.06 C.07 Unit Price (?50L__3,s....QQ 120..00 25.Q() _~al Price (f1L_~,7~.OQ ___3(),Q_()9~()Q__..El,2~.Qfl C~Q8-~l'orl'e\lf3.rsea!!Ylell d.6'l..elpp-'!lElnt.:.--- I - ----UniiPrice(4).--- 275.00. 250..0.0------ 250-:-00. Total Price (HR) '--"1,1 OQ~OO~QQQ.OO-~QQ.QQ C.:.(j~___.for higl'1 rate flI.Im.Pd,El"..eJQpJl1g,_____,___________ _ _._.__._ . ..0 00. ,__ __._._.__n__ 0'_ L__ _______________l,lnJt.F).r~cE:lJI2)~_ _,275.00_. ___ .??Q:Q(j!......-_251).QQ Total Price HR 3,300..00 3,0.0.0..00 3,000.00 Page 8 of 9 Notices Sent: 93 Packages Received:3 Agenda Item No.1 OM July 27,2004 Page 12 of 15 Bid .04-3663 "North County Regional Water Treatment Plant Water Supply Wells" Due: July 9, 2.0.04 Project Manager: Karl Boyer Date Posted: June 4, 2.0.04 Addendum #t -- - - --->-J!iart_9 __~JU-~tme-~t -~~~sC_()n~f"----------- Item---'Descriptlon -- .--- -- ----- C~-For step-drawdown test. .___ _______ _ _____________ UnitPrice (4L_ 275..0.0 65.0 75.0 _ __ ___Total f'riCe(f-if1J.__ _1.10.0..0.0 _ _ _2,6D.oJJO____3.Q.DD...o.o C.ll--'Forsici-nd-by (rig i!ndcrew on s~e): C.12 ~~~.For stin.d_-by,0gon siteclnd _cr_e."'.offs~te2._ - Unrt Price (1.0).____2.0.9..0.0 Total P':!cejf:lB.). ___ 2,.0.0.0,.0.0 225..0.0 2,25.0.0.0 . 1.0.0..0.0 1,.0.0.0,.0.0 C.13 _ ..E.2.r.. extr(i',y()rk,_drilling!igand drilling_crevv: Unit Prjc~ITQI lDD.oL~~~Q9:==-~o.OD Total Pri~e (HR) _J..QQQ:9_() 1,5DD..o(). 5.0.0..0.0 _ Unit Price (1 D) Total Price (HR) 5.0..0.0 5.0.0..0.0 C.14 For extra work. crew and pump hoist. C.15 _ _Un~ "rice (1 D) 3.0.0.0 __~t?I..f'ri.C~JHFl) ._.3.0.0..0.0 For extra work by crew. 1---- Unit Pric.e (1 D) __TotaIPric;e (H.FlL___ 2.0..0.0 145..0.0 _..._--~----- 2.0.0..0.0 _1,45.0.0.0 PART A TOTAL 1,752.1.0.0..0.0 PART B TOTA[~1:"6oo:Oo PART C TOTAL _l,()1.2.D65~OD . --fOTAL BASEJ~I!L..l,985,l D5.().o._ 45.0..0.0 2.0.0..0.0 -------- -. ------- 4,5.0.0.0.0 2,DDD:Q() 165..0.0 1.0.0..0.0 _ H' ______.____ __J..65DQ.o. . __..J.,Q.OQ.Da 1,872,.0.0.0..0.0 .~,913.DD 71.0,.0.0.0.0.0 ___ 556,7.0.0..0.0 2,.02.0,,9_.0.0-,-.0.0. 1,498,5.0.0..0.0 4,6.02,.0.0.0..0.0 ~?D8.113.DD Provide a schedule of values: Steel, ~~PQund .____ .0.65..._____ D.5O"_-----.9A.o __ Cement, per ton 18.0..0.0 165..0.0 78.9.0 MATERiAi-MANUFACTURERS----- ---------- .----y---- Y -y---- LIST OF SUBCONTRACTORS Y Y Y STATEMENT OF EXPERIENCE OF BIDDER Y Y Y "TRENCHSAFETY ACT .. .. -----.----.- . -y ------ y-'-y--- --..B10-BONO----y---- Y Y Addendum Acknowledaed (Y/N) Y Y i Y __~gel1t.!- y.rl......()()d____ Witness: Javasree Maroiu Page 9 of 9 Notices Sent 93 Packages Received:3 5.0..0.0 5.0.0..0.0 Agenda Item No. 10M July 27, 2004 Page 13 of 15 July 9, 2004 Mr. Karl W. Boyer, P.E., Prindpal Project Manager COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DEPARTMENT 3301 East Tamiami Trail Building H Naples, Florida 34112 North County Regional Water Treatment Plant Water Supply Wells Bid No. 04-3663 Recommendation to Award Construction Contract Dear Mr. Boyer: The Collier County Purchasing Department received and opened bids for the above- referenced project on July 9, 2004. A total of three bids were opened and read aloud. Attached is a tabulation of all bids received. According to our Collier County Purchasing Departments review of the Bid Proposal all three bids were responsive. Based upon our review we consider Diversified Drilling Corporation the lowest priced, responsive and responsible bidder with a Total Base Bid Price amount of $3,207,613.00 As such, we recommend that the North County Regional Water Treatment Plant Water Supply Wells Bid No. 04-3663 be awarded to the low bidder, Diversified Drilling Corporation. Note that the Engineer's estimate for this project was $4,171,200.00. We appreciate the opportunity to assist the County with this important project. Please call if you have any questions. Very truly yours, HAZEN AND SAWYER, P.C. George A. Brown, P.E. Project Manager C: Albert Muniz Gary Bors John Largey File 41010-001-1.2 Agenda Item No. 10M July 27,2004 Page 14 of 15 COlLIER COUNTY WATER DEPARTMENT NORTH COUNlYREGIONAi- WATER TREATMENT PLANT WATER SUPPLY WEW ~._~ .._-~-- -----~---_.- ~ - ---- - ~~ -~._- Coller County Bid No. 04-3663 -. Coller County Water-5ewer District - ~.-. ~--- Bid Dale: July 9. 2004 -~-_.__..,----~------- ~ ~- .- --"'---'-- Engineer: Hazen and Sawyer, P .c. -..- -~ ---~------ ------- -- .--------- -------~--- 0-'__- ...,.-----.-.. -~ -'.. .---- Bid Part Description Quantity Enginee~s Estimate Bid Amount Diversified Jaffer Shu~es nla A Lower Hawthorn Wells at New Wells Sites n/a I n/a $1,971,20000 $1,152,91300 $1,752,100.00 $1,872.00000 nfa B Mid-Hawthorn Wells at New Wells Sites n/a I nfa $660,000.00 $556,700.00 $621,00000 $710.000.00 nfa C Mid-Hawthorn Wells at Existina Wells Sites nfa T n/a $1 ,540,OOO~00 $1,498,000.00 $1,612,005.00 $2,020,000.00 nla TOTAL BASE BID (BASIS OF AWARD) $4,171,200.00 $3,207,613.00 $3,985,105.00 $4,602,000.00 n/a ---.~-~-- _n _______. - ------------ ,----- -- . ~ - ------- --.. ---..--.-------- - --~- ___._u_____ -- -- ----~-- - ---- + PAGE 1 OF 1 Agenda Item No. 10M July_~7, 2004 D"fIll8~If~ef1!:l 1/00 ..,.~ EXECUTIVE SUMMARY Recommendation to approve the award of Bid #04-3670 in the amount of $3,275,650 for a Construction Contract with DeAngelis Diamond Construction, Inc. for the construction of the North Naples Government Services Center and to approve a Budget Amendment for $746,274. - OBJECTIVE: To obtain approval from the Board of County Commissioners to award Construction Contract #04-3670 to DeAngelis Diamond Construction, Inc., for the construction of the North Naples Government Services Center, to be located next to the Library at Orange Blossom Drive and Airport-Pulling Road and to obtain approval for a budget amendment for $746,274. CONSIDERATIONS: The Board had previously approved the award of Contract No. 02- 33n to Brooks and Freund, LLC onSeptember 24,2002, Agenda Item 10.L in the amount of $2,529,376. From the time of the award, there was a delay of approximately 18 months before the County issued the Notice to Proceed. As a result of the delay, Brooks and Freund advised the County, that due to the lapse in time between the award and Notice to Proceed, their subcontractors were unable to hold their original prices. Discussions between County staff, County Attorney and Brooks and Freund resulted in a mutually agreed upon termination of the above referenced contract. The Board approved the termination of the contract on May 11, 2004, Agenda Item No. 16.E.2. The project was re-bid as Bid #04-3670 with the bid opening on June 30, 2004. There were six (6) respondents. DeAngelis Diamond Construction, Inc. was the lowest qualified and responsive bidder at $3,275,650. FISCAL IMPACT: A budget amendment is needed to transfer $746,274 from the General Fund reserves to project 525341, North Naples Government Center. The original construction price submitted by Brooks and Freund was $2,529,376. The cost submitted by DeAngelis Diamond was $3,275,650 or $746,274 higher than the previous bid by Brooks and Freund. Two (2) years have passed since the original budget was established and construction material prices have escalated particularly in the last several months. The source of funds for this budget amendment is Ad Valorem. The majority of this project ($3,072,000) is being cash flowed with proceeds from the 2002 Capital Improvement Revenue bond, interest and principal payments will be made from the General Governmental Facilities Impact Fees. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and the County's Master Space Plan. RECOMMENDATIONS: That the Board approve the award of Bid #04-3670 to DeAngelis Diamond Construction, Inc., authorize the Chairman to sign the Contract after review and approval by the County Attorney's Office and approve the attached Budget Amendment for the North Naples Government Services Center. ,...-- Agenda Item No. 10N July 27, 2004 Page 1 of 3 ~"..,._""'-'_.,--..........;....,.__... COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 10N Item Summary Recommendation to approve the award of Bid #04-3670 in the amount of $3,275,650 for a Construction Contract with DeAngelis Diamond Construction, Inc, for the construction of the North Naples Government Services Center and to approve a Budget Amendment for $746,274. Meeting Date 7/27/20049:00:00 AM Prepared By Jack Crognale Principal Project Manager 7/9/20042:35:56 PM Administrative Services Facilities Management Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 7/12/2004 8:23 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 7/13/200411:12 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7/13/200411:28 AM Approved B)' Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 7/14/200410:49 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/14/200411:41 AM Appro\'ed By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/16/20049:26 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/16/20043:37 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/16/20043:50 PM Agenda Item No.1 ON July 27, 2004 Page 2 of 3 Project Tille: Collier County Government Services Center Project Mgr.: Jack Crognale Facili1ies Management Nollces Sent: 200 Tabulation for Bid: 04-3670 OD~mina Date: June 30. 2004 (ci) 2:30 p.m. Postina Date: Mav . 17,2004 D. H. Griffin Lodge Construction, DeAngelis AHS Fred G. Wright, Vanderbilt Day DESCRIPTION Construction Co.. n i a.monu Construction . rABC: LLC Inc. Construction, Inc. Group, Inc. lne. Const., Inc. BASE BID: $ 3,449,000.00 ~ ~.J 50,000.00 OS 3.187,000.00 S 3,344,000.00 f-$ 3,590,000.00 S 3,329,000.00 N 0 ALTERNATE NUMBER ONE: $ 89,000.00 S 88,1101.00 S 88.650.00 . S 84.000.00 S 93.300.00. S 87,737.00 N R TOTAL BASE BID PLUS l' ADD ALTERNATE NUMBER ONE: OS 3,538,000.00 S 3,438,801.00 OS 3,275,650.00' S J,4JX'OOO.OO S 3,6K3.300.00. ~ 1,'\16,717.00 S ~.n~'lJoo.(Jl r Malerial Manufacturers: y y y 'f y y 0 Ust of Subcontractors: y y y y y y N Statement of Experience of Bidder: y y y y y y S Trench Safelv Act: Y y Y y y y I Bid Bond: Y y y y y y V Addenda Received (if applicable): Y y Y y y y F. .N,' !lid Rllnd .... // (/ C y../, Onroin!! Al!enl: Scon Johnson ~ l7 ,,- WilnrSl: Sue Hebbe -, L/ .. '7 Agenda Item NO.1 ON July 27. 2004 Page 3 of 3 Pag.. 1 011 EXECUTIVE SUl.\'IMARY Request for the Board of County Commissioners to terminate a contract for the construction of the South County Regional Water Treatment Plant (Contract 01-3194). OBJECTIVE: For the Board of County Commissioners to terminate a contract for construction of the 8 million gallon per day Reversc Osmosis South County Regional Water Treatment Plant (SCRWTP). CONSIDERATIONS: On May 8, 2001 (Agenda Item 16(C)(9)), the Board approved a contract with the United Engineering Corporation of Davie, Florida (Contractor) in the amount of $24,854,350.00 for construction of the South County Rcgional Watcr Trcatmcnt Plant Rcvcrse Osmosis project. The project has bcen under construction since July 2001 and includes: an 8- MGD Reversc Osmosis process facility (which has the capacity to be expanded to 20-MGD) and new raw watcr production wells. The consullction contract provided for complction of the work within a time pcriod of 18 months. Currently, completion has not occurred and the contract is 18 months late with no assurance of a timcly completion by thc Contractor. -- On June 29, 2004 the County issued a Notice to Cure to the Contractor in accordance with Scction 18, Termination for Default, of Exhibit H of the Contract Specifications. The deficiencies to be corrccted or curcd consisted principally of timc delays and deficiencies in quality of thc work. A timc pcriod of 7 calendar days is allowed for a response from the contractor. The contractor provided a rcsponse dated July 7, 2004 but this response was unacceptable in substance and execution to the County. The County staff believcs that it is unlikely that an operating plant will bc in place to mect the demands for water for the 2004-2005-pcak scason with thc present Contractor. Complction of this Project is eritical to the County's ability to meet the water demands of its customers without imposing severe restrictions on service. Approval of this agrecment by the County Manager is subjcct to formal ratification by the Board of County Commissioncrs. If the decision by the County Managcr is not ratified by the Board, this agrcemcnt shall bc enforceable against Collier County only to the extcnt authorized by law in thc absence of such ratitication by thc Board. FISCAL L\1P ACT: The original contract pricc was $24,854,350.00. It is anticipated that procceds from the existing contract and proceeds available from the Surcty Bond will be utilized to complete the Projcct. GROWTH MANAGEMENT IMPACT: This projcct is needed to meet future potable watcr dcmands. Thc project is a part or thc 2003 Watcr Mastcr Plan Update adopted by thc Board on May 25, 2004 as Agenda Item 10(0). -- RECOMl\JIENDATION: Staffrecommcnds that the Board, as the Ex-officio Governing Body of the Collier County Watcr-Sewcr District, terminatc thc contract with Unitcd Engineering Agenda Item 100 July 27,2004 Page 1 of 3 1 -"..__..~~.~.,"..~.....;, Corporation for the construction of the 8 million gallon per day Reverse Osmosis South County Regional Water Treatment Plant. .- 2 Agenda Item 100 July 27, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 100 Item Summary Request for the Board of County Commissioners to terminate a contract for the construction of the South County Regional Water Treatment Plant (Contract 01- 3194). (Item 12B to be heard immediately following this item.) Meeting Date 7/27/2004 9:00:00 AM Prepared By Roy B. Anderson, P.E. Public Utilities Engineering Director 7/14/200411:51:06 AM Public Utilities Public Utilities Engineering Approved By Paul Mattausch Water Director Date Public Utilities Water 7/14/2004 11 :56 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7/14/20044:00 PM Approved By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/14/20044:04 PM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 7/14/20044:14 PM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 7/15/20048:39 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/15/20042:26 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/15/2004 3:20 PM Agenda Item 100 July 27, 2004 Page 3 of 3 - EXECUTIVESU~ARY Recommendation to Waive Formal Competition and Award a Contract to Wharton-Smith Inc. Construction Group to Complete the Construction of the 8 MGD RO Expansion at the South County Regional Water Treatment Plant for an Interim Amount not to exceed $3,000,000. OBJECTIVE: To meet peak potable water demand in the 2005 winter season and beyond. CONSIDERATIONS: On May 8, 2001, the Board of County Commissioners awardcd contract 01-3194 to United Enginccring Corporation in the amount of $24,854.350 to construct an eight million gallon per day reserve osmosis treatment facility at the South County Regional Water Treatment Plant. Aftcr numerous and extcnsive unsucccssful cfforts to work with the contractor to get thc projcct completed, the agreement with the contractor has bcen formally tenninatcd at the direction of the County Managcr in the absence of the Board. That action is being reported to thc Board undcr a scparate agcnda item. - Given thc critical nccd to incrcase potable watcr production capacity in timc to handlc peak dcmand lcvels in the coming wintcr season and beyond, staff is recommending that the Board immediately authorizc a conU'act with a qualified contractor to complctc this project. Accordingly, staff has solicited and evaluated proposals from three construction finns with relcvant qualifications (Wharton-Smith Inc. Construction Group, Mitchell & Stark Construction Co., Inc. and Robert Cole & Associates). In obtaining and cvaluating thcse proposals. staff utilized an abbrcviatcd qualifications-based selection process through which each finn submitted a summary of their qualifications and cxpclicncc and participatcd in a facc-to-facc intcrvicw with members of thc projcct delivery team. The delivery team included rcpresentatives from the Public Utilities Engincering Dcpartment, the Watcr Departmcnt, the Purchasing Departmcnt, the enginecring firm of Metcalf & Eddy Inc. (the engineer of record) and the engineering firm of Malcolm Pirnie Inc., which has been hired to providc additional technical support in the project complction cffort. Thc team has also bccn in communication with thc Clcrk of Courts' Financc Department regarding the developmcnt of the successor contractor agreement. After rcviewing the qualifications of the finns and completing interviews with each, the project team belicves that each firm is capable of complcting thc project. Based on the information gathered in thc selection process. thc projcct team recommcnds that thc Board cntcr into a contract with Wharton-Smith Inc. to complcte thc project. Wharton-Smith was selcctcd on the basis of their extcnsivc expericncc with constructing RO plants in Florida. the credcntials of the key individuals who would be assigned to thc project and the finn's conceptual approach to gctting the project complcted. -- Agenda Item No. 10P July 27,2004 Page 1 of 4 Pursuant to the selcction process, staff has ncgotiatcd an agrecmcnt with thc recommended firm to complete the work in threc phases, in which thc work. builds upon thc work. of thc prcvious phasc. Under the first phase, the succcssor contractor will prepare a preliminary assessmcnt by July 30. 2004 addrcssing the status of the project on site and to dcvclop an Initial Schcdule to complctc the work. Thc sccond phase of the agreement, phase two, which will be accomplished in thc months of August and Septembcr, calls for the contractor to commence construction work under the Initial Schedule. This will include, at minimum, initiating subcontractor and supplier agrccmcnts and commcncing rcmaining subcontractcd work, complcting a comprehensive "punch list" of the work under thc tcrminated contract, commcncing thc corrective work and dcveloping a Comprehcnsive Final Schedule and estimated cost for complcting remaining work in timc to meet all critical production deadlines. As a result of uncertainty in scope, staff is presently ncgotiating a cost plus. not-to-exceed agreement with the contractor for phase two. Under thc third phase. whcrcin thc scopc of completion work will be morc fully clarificd. thc contractor will carry out and complctcthe work established under the Comprehensive Final Schedule prcparcd in phasc two undcr a clearly defined and fixed scope. In order to mect these deadlines. staff recommends that the Board waive formal compctition, dcclare an cmergcncy and in thc best intcrests of thc County, authorize the selection of Wharton- Smith to complete the project. Authority for this action is found under Section 255.20(1)(c) 8. F.S. and Scctions V.A.2 and V.A.3 of the Board's purchasing policy. FISCAL Il\tIPACT: The cost of the scrvices to be performed under thcfirst phase is $25,000 and has becn duly authorizcd under a purchase ordcr issucd by thc Purchasing Dcpartment. Thc cost of thc services under the second phase. arc established at $3,000,000, which is the uncxpendcd funding availablc in thc previous construction contract and will require a budgct amcndmcnt to rcmovc funds from reserves to the projcct in thc amount of up to $1.2 million. Thc costs undcr phasc thrcc will be established at thc end of phase two in late August and brought back to thc Board for approval in Scptember. Exccution of the contract would be subject to revicw and approval for legal sufficicncy by thc County Attorncy's Office and prior revicw from the Clerk. of CoUTts Finance Department.. GROWfH MANAGEMENT IMPACT: The projcct is needcd to mect futurc potablc watcr demands. This project is a part of the 2003 Watcr Master Plan Update adopted by the Board on May 25, 2004 as Agcnda Item 10 D. RECOMMENDATION: That the Board of County Commissioners take the following actions rcgarding the completion of the 8 MOD RO Expansion Project at thc South County Regional Water Treatmcnt Plant: 1. Waive formal compctition duc to emcrgency conditions and in the best interests of the County; 2. Select the lirm of Wharton-Smith Inc. Construction Group to completc the project and authorizc the Chairman to sign an agreement, subject to rcvicw and approval for legal ,- Agenda Item No. 10P July 27,2004 Page 2 of 4 sufficiency by the Office of the County Attorney with the selected firm on behalf of the Board; 3. Approvc the plan for completing the contract work in thrce phases as sct forth hcrcin. 4. Authorizc a construction contract not to cxcecd $3,000,000 for phasc two and approve necessary budget amendment. 5. Dircct the staff to bring to the Board for approval in thc month of September 2004 a negotiated cost and schedule to complete all work in phase three. ,..,.-...... Agenda Item No. 10P July 27,2004 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 10P Item Summary Recommendation to Waive Formal Competition and Award a Contract to Wharton-Smith Inc, Construction Group to Complete the Construction of the 8 MGD RO Expansion at the South County Regional Water Treatment Plant for an Interim Amount not to exceed $3,000,000. Meeting Date 7/27/20049:00:00 AM Prepared By Roy B. Anderson, P.E. Public Utilities Engineering Director 7/20/20041:15:42 PM Public Utilities Public Utilities Engineering Approved By Paul Mattausch Water Director Date Public Utilities Water 7/20/20042:02 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7/20/20042:30 PM Approl'ed By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 7/20/2004 2:33 PM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 7/20/20042:46 PM Approved By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/20/20043:27 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/20/20043:34 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/20/20043:55 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/20/20046:06 PM Agenda Item No.1 OP July 27,2004 Page 4 of 4 -- EXECUTIVE SUMMARY Recommendation to deny the request by Waterways Joint Venture IV for a refund of Transportation Impact Fees totaling $217,830 for the Summit Place project OBJECTIVE: Recommendation by staff to deny the request by Waterways Joint V cnturc IV for a refund of Transportation Impact Fccs totaling $217.830 for the Summit Placc project. CONSIDERATIONS: On Junc 8, 2004 Mr. Richard Yovanovich of Goodlette. Coleman and Johnson, and Mr. Dwight Nadeau of RW A Consulting, Inc presented a public petition to thc Board of County Commissioncrs (Board) on bchalf of Summit Placc for the refund of Transportation Impact Fees related to the construction of new townhomes, totaling $217,830. - The subjcct property was rczoned from Agricultural (A) to the Hibiscus Village Planned Unil Devclopmcnt (PUD) on November 28, 2000. Thc PUD was approvcd permitting 231 rcsidential dwelling units at a dcnsity of four units per acre. The pennitted structures included single-family, two-family and multi-family dwclling types. Thc pctitioner submitted a PUD to PUD rezone petition on May 5. 2003 proposing a project name change to Summit Place, adding approximatcly forty (40) acres for a total of 97.82 acrcs, increasing thc maximum numbcr of dwclling units by 163 units for a total of 394 dwelling units, and revising the development standards to allow for a townhouse dwelling type. The original Sitc Dcvelopmcnt Plan (SOP), AR 2510, was approvcd May 8,2002 for 230 multi-family/townhouse residential units, totaling 41 buildings at a breakdown of 33 six- unit buildings and 8 four-unit buildings. An Insubstantial Change to the SDP (AR 5709), approved April 7, 2004, subsequently reflectcd.. a revised total of 36 buildings at a brcakdown of 32 six-unit buildings and 4 four-unit buildings for a total of 208 attached singlc-family "fec simple" residential units (the project now dcscribcd as "Phasc In). In light of the levcl of detail associated with this mattcr, thc Board dircctcd staff to asscmblc all of the information related to this petition and rcturn with an agcnda item for a formal discussion of thc issue. Below is the chronological details and history of the projcct: January 7, 2002 - First prc-application mccting. It was at this mceting that staff specified concerns that the Planned Unit Development (PUD) Ordinance in effect at that timc (Ordinance 2000-76) did not provide language to accommodate townhomcs with fee simple lots. -- Agenda Item No. 100 July 27,20004 Page 1 of 22 Summit Place Page 2 January 29, 2002 - Correspondence from Dwight Nadeau of RW A, Inc. (attachcd), stating thcy arc willing to pursue all administrative proccdurcs (Preliminary Subdivision Plat (PSP), Plat, Site Dcvclopmcnt Plan (SOP) to realize thc desired outeome (fce simplc lots). In this memo Mr. Nadeau also states they agrec to comply with the SDP process to demonstrate architectural, landscape, and signage issues not addresscd through the subdivision process. March 11, 2002 - Pre-application meeting for PSP/SDP (AR-PREAP-2244) and Pre-application mecting for a PUD Amendmcnt (AR-PREAP-2316) May 8, 2002 - Site Dcvelopment Plan submittal (AR-SDP~251O) May 16t 2002 - Planned Unit Development Amendmcnt submittal (AR-PUDA- 2559) October 23, 2002 - SDP approved as a "multi-family" townhouse devclopmcnt on whole tracts of land. October 27, 2002 - Application for 33 building permits (four and six-unit buildings). Thc Simultaneous Rcview process allowed for temporary addresses to be assigned in ordcr to accommodatc submittal of Building Permit applications October 29t 2002 - PUD amcndment approved November 1, 2002 - Effcctive datc of Ncw Transportation Impact Fee Schedule (approximately 90% increasc - Phase 1) December 12, 2002 - Prc-application meeting for the PSP (AR-PREAP-3504) January 7, 2003 - Preliminary Plat submittal (AR-PSP-3570) February 21t 2003 - Meeting with staff and reprcscntativcs of Summit Placc re: building review and final platting proccdurcs, including, as financial protcction for thc County, thc posting of a $5 million bond by the dcveloper. The Administrator of Community Development and Environmcntal Services Division allowcd for thc project to now procccd as a "single-family" fec simple attachcd townhouse type product as dcsired by the dcveloper in licu of the "multi-family" type townhomc type product that was originally applied for in October 2002. March 19, 2003 - Preliminary Plat approved for townhousc "fee simple" lot developmcnt April 9, 2003 - Building Permit applications submitted for the individual townhouse units (less 33 units that retained 2002 application dates) - Agenda Item No. 100 July 27,20004 Page 2 of 22 Summit Place Page 3 April 21, 2003 - Final Plat & Construction Plans submittal (AR-PPL-4012) April 22, 2003 - BCC cntcrcd into a Construction, Maintcnance and Escrow Agreement for the required improvcmcnts within thc subdivision (Item 16 (A)(8)) May 5, 2003 - PUD to PUD rezonc application submittal dcemed sufficient and distributed to staff for revicw (AR-PUDZ-4046). Collicr County Planning Commission hcaring tentativcly schcdulcd for July 15, 2004 and the Board of County Commissioners on July 27, 2004, pending final approval by staff. December 1,2003 - Final Plat & Construction Plans approved for townhouse fee simplc lot dcvelopment February 11,2004 . Final Plat recorded As detailcd abovc, at the first pre-application meeting, held January 7, 2002, staff cxprcsscd concerns that the Planncd Unit Dcvelopmcnt (PUD) Ordinance in cffect at that timc (Ordinance 2000(76) did not provide language to accommodate townhomes with fce simplc lots, howcver rcprcsentativcs of the dcvelopment agreed to adhcre to all administrative proccdures rcquircd through the PSP, Plat and SDP, including but not limitcd to architcctural, landscape, and signage issues, in ordcr to facilitatc approval of the fcc simple lots. On October 27, 2002, thirty-three (33) Building Permit Applications for Summit Place were received by thc Community Dcvelopment and Environmcntal Services Division through thc Building Revicw and Pcrmitting Department under the Simultaneous Revicw proccss. Each permit was for a building, which ranged in sizc from four to six units pcr building and tcmporary addresses wcre assigned to each of the buildings under these pcrmits. At the time of Building Permit Application, thc subjcct property was not plattcd and therefore was rcprescntcd as common property, not individual (fcc simple) lots. The devcloper/rcprcscntatives attcndcd a pre-application mccting on December 12, 2002 for thc Preliminary Subdivision Plat (PSP) and submittcd the PSP application on January 7, 2003. In a mccting with the dcveloper, staff explained that new reviscd individual building permit applications would be requircd to mcet the construction code rcquiremcnts for single-family attached townhomcs, which diffcr from the requirements for multi-unit condominium buildings, as initially indicatcd by thc common property (no platted lots). Individual permits for each of thc town homc units would also allow for the issuance of a Ccrtificatc of Occupancy (CO) to bc issucd on a pcr unit basis, rathcr than by building. containing four to six units, as the projcct was originally permitted. Thc individual COs, the requirement for individuallcgal addresses, and the individual platting of thc lots were all rcquirements under the desired fee simple lots that would bc established upQn thc recording of thc final plat. Agenda Item No. 100 July 27,20004 Page 3 of 22 Summit Place Page 4 On Fcbruary 21, 2003, County staff met with thc devclopment represcntatives to finalize a course of action for the rcmaining building revicw and final platting procedurcs, almost four months after the cffcctive datc of thc updated Transportation Impact Fccs. At this time, the CDES Administrator allowcd thc applicant to procecd under the SDP approval proccss and in doing so, build each building under the approval of a single building pcrmit for cach building with thc stipulation that thc developer would plat each dwelling unit as fce simple lots after the buildings were completed and apply for the respective pcrmit for each individual townhouse unit as required. The dcveloper/representative also agrecd at this timc to post a $5 million dollar bond as a measure of financial security to the County until completion of the project. The agreement relating to the project infrastructure and bond was approved by the Board of County Commissioncrs on April 22,2003. On April 9, 2003, six (6) months after the effective date of the revised impact fcc schedule, building pcrmit applications were submittcd for each individual unit with one unit from thc original building pcrmits retaining the 2002 application datc. Therefore, 33 units retaincd 2002 application dates while thc remaining 169 units were assigned an application date of April 2003. Phase I of Summit Placc rcprcsents 208 lots/units. Currcntly, applications for 202 units have bcen submittcd to the County and six lots havc no permit application submittals, as thcy arc not planned for dcvelopmcnt at this time. ,- As noted in thc timcline abovc, the Transportation Impact Fecs werc updatcd with thc corrcsponding ratc schedulc taking effect on November 2002. The building permit applications for Summit Placc that retained the 2002 application date wcrc assesscd impact fecs based on the ratc schcdule in effcct prior to the incrcasc, while the building pcrmits applications madc in April of 2003 were assessed the then current and updated impact fccs. In his Ictter dated Fcbl1lary 27, 2004, Mr. Dwight Nadcau of R W A, Inc., rcprescntativc for thc dcvelopment, submitted a requcst for refund for the units that wcre assesscd impact fccs at thc rate applicable at the April 2003 application datc. The basis of the rcquest states that all units should have been asscssed impact fees at the ratc applicable to the original permit applications (October 2002) prior to the rate increasc. It is the policy of thc Impact Fee Administration officc that applicable impact fee ratcs arc detcrmined bascd upon the building permit application date. Thercfore, the impact fees for Summit Place must be assesscd based upon the application datcs of thc building permits in qucstion. The building permits that retained an application date prior to November 1,2002 wcrc allowed to bc assesscd thc rcspective impact fee ratcs prior to the Novcmber 1, 2002 increasc, while all building permits with an application date of November 1, 2002 or later, were subjcct to the new fees in cffect at that time. In order to fulfill Mr. Nadeau's request, staff would be requircd to predatc thc 169 building permits, applied for in April 2003, to thc Octobcr 2002 application datc. This practice is prohibitcd by county policy and would rcquire the submittal of crroncous information that would likely precludc the "Oath or Affirmation", which is part of the building permit application, signcd by thc applicant and states that the information contained in the building permit is "true to the best of his/her kOOHI/edge". Further, and more specifically, predating of building permits would arguably require the falsification of Official Counly documents and records. Agenda Item No. 100 July 27,20004 Page 4 of 22 Summit Place Page 5 In conclusion, despite the various issues with the PUD, SOP, and Platting of the subject property, staff s utilization of the rates in effect at the time of more recent building permit applications (April 2(03) is consistent with the policies and procedures of the Impact Fee Administration section of the Community Development and Environmental Services Division and with the practices outlincd in the Administrative Procedures Manualfor the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, which is incorporatcd by refcrence into Chapter 74 of the Collicr County Code of Laws and Ordinances. as amended. County staff has administratively denied the request for refund and continues to uphold the decision that a refund of the Transportation Impact Fee must be declined based on the specific regulations governing impact fee refunds. FISCAL IMPACT: Approval of the requestcd impact fee refund will have an adverse effect on capital project funding for road construction. Thc impact fees, paid for thc Summit Place projcct, were rcmittcd correctly under the policies of thc Impact Fec Administration section of the Community Devclopment and Environmental Scrvices Division and the guidelines set forth by the Collier County Consolidatcd Impact Fee Ordinance (CIFO), 2001-13, as amended, and its companion Administrative Procedures Manual. ,~,- The refund of impact fees is subject to specific cl;teria provided by the CIFO, and thc facts pertaining to this request do not support such a claim. Therefore, processing of the subject refund request would bc in direct violation of thc County's policies and procedurcs, as wen as the governing Ordinance. GROWTH MANAGEMENT IMPACT: Impact fccs are a critical funding sourcc for infrastructure capital improvemcnts identificd in thc Capital Improvcment Elemcnt of the Growth Management Plan. Transportation Impact Fees are intendcd to provide financial resources to construct transportation rclated infrastructure, necessitated by growth and thereby address capacity demands in a proactive manner. If thc request by Summit Place for the refund of Transportation Impact Fees is not denied, the County's ability to mect the Transportation demands, associated with new growth and development, will bc greatly diminished. RECOMMENDATION: That the Board of County Commissioners deny thc requcst by Waterways Joint Venturc IV for a refund of Transportation Impact Fecs totaling $217,830 for thc Summit Placc projcct. "- Agenda Item No. 100 July 27,20004 Page 5 of 22 lIem Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS loa Recommendation to deny the request by Waterways Joint Venture IV for a refund of Transportation Impact Fees totaling $217,830 for the Summit Place project. (Joe Schmitt, Administrator, Community Development) 7/27/20049:00:00 AM Impact Fee Manager 7/212004 3:06:06 PM Prepared By Amy Patterson Community Development & Environmental Services Financial Admin, & Housing Sandra Lea Date Approved By Community Development & Environmental S&f'Vices Executive Secretary Community Development & Environmental Services Admin. 7/13/200412:54 PM Constance A. Johnson Date Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 7/14120049:11 AM Lisa Taylor ManagemenllBudget Analyst Date Apprond By Transportion Services Transportation Administration 7114120042:33 PM Norm E. Fodor, AICP Transportation Division Administrator Date Approved By Transportion Services Transportation Services Admin. 7/14120043:46 PM Ray Bellows Chief Planner Date Apprond By Community Devolopment & Environmontal Services Zoning & Land Development Review 7119/20049:27 AM Date Approved By Joseph K, Schmitt Community Dev.lopment & Environmental Services Community Development & Environmental Services Adminstrator Community Oevelopment & Environmental Services Admin. 7119/200410:57 AM Patrick G. White Assistant County Attorney Date Approv'ed By County Attorney County Attorney Office 7/19/2004 11 :02 AM Pat Lohnhard Administrativo Assistant Date Approved Bl County Manager's Office ornce of Management & Budget 71191200412:19 PM Susan Ushor Senior ManagemenllBudget Analyst Date Approv'ed By County Manager's Office Office of Management & Budget 7/19/20041:34 PM Michael Smykowskl Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 7119/20045:31 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 7/19120046:07 PM Denton Baker Financial Admin & Housing Director Date Approved By Community Development & Environmental Services Financial Admin. & Housing 719/2004 12:51 PM Agenda lIem No. 100 July 27, 20004 Page 6 of 22 UlY!" .,..". , r .....r. ....... , , .L .a. - ~ ;"."0."' . ! .. .." ~ ' ." \ ; , i'. '". ~ '... . . February 27,2004 Ms. Amy Patterson Impact Fee Manager Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Re: Impact Fee Refund for Summit Place Dear Ms. Patterson: In October 2002, thirty-three (33) building permits were issued for buildings in the Summit Place Pl.JD, ranging in size from 4 unit to 6 units. Each unit was to be a fee simple, single family attached structure. In April 2003, building permits were issues for each individual unit, with one unit retaining the original pemut application date of October 2002, and each subsequent unit was issued with the April 2003 application date. As you are aware road impact fees were changed between these time periods. Enclosed you will find a spreadsheet showing each issued building pennit number with the corresponding original building permit number. The clear intention for the original building permits was to construct the entire building, as evidenced through an example of one of the 2002 building pennit applications. You will note the band written modification to that application in 2003. Therefore, since the original building permit date was honored for one unit, it should be honored for all units contained in the building. We are respectfully requesting a refund in the amount of $217,830.00 of District 1, road impact fees, to our chent. Per a meeting with Mr. Joe Schmitt, Administrator, Community Development, on February 27, 2004, he stated that a meeting was not necessary, and directed me to send a request to you and that he would review the request for action, according to procedures he has established with you. Should you have any questions, please contact our office. / - Sincerely, /_--;;-( ....-- 7- ~. A- ; ~. I ..: ~.',,' ~ '-t:::' Dwight Nadeau Planning Manager RWA, Inc. _.-... -..- ''';>> Enclosure(s) Cc: Richard Davenport, Waterways Joint Venture Richard Y ovanovich, Goodlette, Coleman & Johnson File Agenda Item No. 100 July 27.20004 Page 7 of 22 P:\2002\02~50.0 I Hibiscus Village Phase: 11 ZoninglOOO I General Consultation and Coordinatian\Rc:quc:st Impact Fc:c: refund.doc 3050 North Horseshoe Drive. Suite 270. Naples, Florida 34104. (239) 649-1509. fax: (239) 649-7056. www.consult-rwa.com P"m.1t Nbr 2M~09R.4 2003040975 .- "'lIl'102233 . 1I\~~n727 ~1n"13 2M-m.s.0580 2002102214 1 2003040609 14 Owner'>> Name 4 VEm'UIlE IV VEm'UIlE IV VDmlMIV .' . vmnva: IV VDl'1'UU IV l'EIfrUItE IV .. ,- " Yr.lmlU IV VEm'UIlE IV VllNTUDIV VI!N'I1lI& IV Permit Addrewo PlACE all PlACE all ~ ~. rua:CD7"". . rua:aa' _....-\ rua:aJt.". "': '.' ., PlACE CI1l __a ruar.CD "14901 I>:>U,"", ~u....u PLACE all ;uac;-u rua:CD rua:CD PlACE CD - - PLACE all >:>O~l 'U'~U' l48PO PUtNAa.It PI. l4B66 PIftNACLE PI. I4I6e P1lIINAQ.I PI. ...,. PJMNAaJl PL ....... PINHAaZ PI. ad FAAl!I PaId Amoant of Bulldlq RoIld Impact P..... Paid 5 5 "'1' - .. VI!2mDlE IV ftNnJUlV' \'IlIfroD IV VEm'UIlE IV . VEm'UIlE IV VIN'J'tiu IV VIN1'\lIt.! IV VllNTt1IE IV VEN1VIlB IV VENI\IItE IV VEm'UIlE IV VEm'UIlE IV VEm'UIlE IV V'I!II'I'I1RE IV YINt\IRE IV mm.lRE IV VEN'I1JU IV YDnlIItE IV .~:,~' OrielDa! Status Issued Permit> CANCEL 2002102232 INSPECI' 11/4/2003 2002102232 ^ 2002102232 ., DlIIt'IICT uJ4Pt>>G .... ....,r..... DlIPfL"1'. uJ4IitwJ 2002102232 DlSPIIICI' uJ~" 2002102232 INII'ICf 11/4/_ 2002102232 .. " .. .." INIP!CI' II/4/mo'J 2002102232 CANCEL 2002102233 , DiIPr.cr .1/12/mD3 2002102233 DfS'f,Cf 11/ui/<<1c3 2Oii21'02233 mm.Cr' ~l2/#f:J03' 2OCi2102233 INSPECl' II/~ 200210i233 DIIPZCT 1I/l2/mo'J 2002102233 INSPECI' 11/12/2003 2002102233 CANCEL 2002102213 DIIPICl' 1fS1J~ 2002102213 DllIPICI' 7/31/W#J 2002102213 DI8PIC1' 1f31/2DOlJ 2002102213 . ". DISPl!CT 1f31/21J1JJ3 2002102213 JIIIII'!C1' 7/311-., 2002102213 INSPECT 1/31/a003 2002102213 CANCEL 2002102214 INSPECT 1/11/2003 2002102214 l)IIpl!CI' 7/u/2DOlJ 2002102214 IMIPl!CT 7/11/W>>3 2002102214 DIIPICI' 7/II/mo'J 2002102214 IJIIPICI' 7/II/mo'J 2002102214 0IlPICI' 7/ll/mo'J 2002102214 . SI1aded __ indica'*' BuIlding p8m1its wherw ROlId Impac:l F_ ___ overpaid. 5 '," 5" 5" "S 5 6 6 .,. 8 .:. 8 8 8 6 10 10 10 10 10 10 10 11 11 11 11 11 11 ,~. 11 - aooa RoIld Impact Fees Refund Amount $1,512.00 $1,512.00 $0.00 'i2'e8io.o' .;::" ,$1512.00' S137o..'oG '.Siil2.oo=';','" 51iiioO' '$t~370:00' '> : S2.ee2.00: . '11312.00: ",.$1.370;00 0, $2.8s2~OO 51 512:00. 51.370:00 52 882.00 $1512.00'. '. :.$1.370.00' $2812.00 $2.882:00 'j-~- S2.8s2.00' ,. S2~' $2 882.00 $1,512.00 ,-:''"''~ $2.882,00 . 12.882.00 .' $2 882.00 $2.882.00 52 882~00 $1,512.00 $1,512.00 $2 882.00 S2.882.Oo o 52.882.00 52 882.00 - 52 882.00 $1 512.00 51 370:00 .,......,..;5.,... 51 51UIl'" . '$f370.00 '51"512.00 $1 370.00 '51'51210$1370.00 -11312.00- ., $1-.370.00 $1,512.00 $0.00 51 512.00 $1 370.00 51.512.00 "'S1.370.00 $1.512.00 $1.370.00 $1 512jio 51 370.00 $1 512.00' $1 370.00 $1,512.00 $0.00 ."'. $1,512.00 $1 512.00 $1 512.00 $1512.00 $1512.00 $1.512.00 ,,,.00' ..v. $0.00 $1.370.00 $1.370.00 $ 1.370..00 $1 310.00 St,370.00 v,"" July 27.20004 Page 8 of 22 Summ Place Bulldlnl'l Permits Road Imn ad Fees Paid =: Amount of 2002 Refund Permit Nbr Owner'~ N.me Pennit Adclreso Slat"" u.."ed Building Road Impact F_ '.Id Road Impact Fees Amount 2oo304M09 VDm1KE IV 14850 PINNACLE PI. CANCEL 2002102215 12 ?M?102215 VDm1KE IV 14850 PINNACLE PI. INSPECt' 9/11/2003 2002102215 12 $1.512.00 $1,512.00 $0.00 2003004()768 14146 PDlNAaJ!1'L .- . '. - ',~ . .'- ioo210221~ "' "'.: .',,..,~$2.a82.00' le" ; . ~.......-.. -'I . '~:S1,370:00- Vl!If11lM IV,. DIRICI' tlllhttlO3- ..12 > $1~12..00 " JiiSr!Cr 9/11/""'10' . -;. .. >::-;t::,;f ''"S2.mOo [<,,'.i';fr'$1512:oO ..- 'S1,370.OO , IV~ , ~P88WUPI.' . 2002102215 e'<' '12 .. -r' ','." 2002102215 ~\ . . s2.882~OO- .: S1512Bl' -- \'Dlt1DIE IV lo4olbI PIMIW1E Pl.-- '. IIISPIiIC1' 9/11/ari03 .. 12 $1 370.00 ?~071l7 - .~ 14134 PIiftU:aE;{ - '_.--,. 2M21ci2215 -:12 ., - :'>$i882:OO --!~s1:51ioo' 'St:370.00 VDITUU IV DISP!C\' '/11/~ .... .., . .... 'i2i82;oo , - '~;'-"'--,r._-- ;" . .- r, ~ ..._ _.. " V!NnlJlE IV ...-eo ~PI.' DI8I'ECI' 9/11/2e4S 2002102215 12 "'$1 512.00: '.' :$1370.00 2003041178 VDm1KE IV 14788 PINNACLE PI. CANCEL 2002102216 13 17007102216 VDm1KE IV 14788 PINNACLE PL INSPECt' 12/31/2003 2002102216 13 $1,512.00 $1.512.00 $0.00 l?M~'117i IvmmJMtv: ,,.. 14714 ~PL bIIP!Cf d/31/2D03 2002102216 13 12 882.00 $'1.512.00 51.370;00 12003041176 -. '. . . ,..... $1;512.00 $1.370.00 1'DITt1JtE IV 14710 PIIMAa.r. PL JllISPECl' . 12/31/2003 2002102218 13 " $2,882.00 12003041174 . S2J18iOo .~ -: ." . YDmlUIV L4776 I'D!DIo\lU: PI. DIllP!CT 12/311_ 2002102218 13 51,512..00 $1 370.00 1~1172 .' YDlTUItE IV 14712 POIMo\Q.E PI. IIII8PI!Cf 12/311_ 2002102218 13 12 882.00- $1.512..01)" - .. $1,370.00 12003041164 2002102218 13 12.882.00 .' 51.512.00" $1,370.00 VEImlRE IV ....... ~ PL. INIPECI' 12/31/_ 200~040574 VDm1KE IV 14764 PINNACLE PL CANCEL 2002102792 14 '7007102792 VDm1KE IV 14764 PINNAClE PL INSPECT 12/31/2003 2002102792 14 $1,512.00 $1,512.00 $0.00 2003040573 VENTURE tv 14760 PIMNAa.E PL IWSPf:CI' 12/31/_ 2002102792 1. . S2.882.00' $1,512.00 $1 370.00 12003040571 IV 147S6 ,1tINACLE PL INSPECT 12/31/2003 2002102792 1. $2.882.00 $1.512.00 $1,370.00' VI!HnlIlE IV 147S2 PINNAaJ: PI. \llIIP!CI' 12/31/2003 2002102792 1-4 S2.aB2.00 $1.512;00 . $1 370.00 549 VEN1'ORE tv 14,48 ~PI. IIUPECI' 12/31/WJ03 2002102792 1. . . ',. $2 882.00 $'1.512.00 $1.370.00 1 vr:tmlD IV . : Dl8I'ECT 12/31/WJ03 2002102792 1-4 52.882.00 S1 512.00 $1,370.00 2003043095 VDm1KE IV CANCEL 2002102791 15 12002102791 VENroRE IV INSPECt' '/11/2003 2002102791 15 $1.512.00 $1,512.00 $0.00 12003043094 V!H'I'UItE IV IN8PI!CT 7/11/2003 2002102791 15 12.882.00 $1,512.00 $1 370.00 VDmlIIE IV DI8PI!X:r '/11/~ 2002102791 15 $2,8eiOo $1,512.00 $1 370.00 12003043092 VEHT1:lI:E IV lIiISPECI' 7/11/WJ03 2002102791 15 52 882.00 $1,512.00 S1 370.00 12003043091 VIIfI'tlIlI! IV DISPEC1' "/U/~ 2002102791 .' '15 .' 52.882.00 $1 512.00 $1.370.00 17no304~090 VEtml1tI! IV ...- DlllP!CT 7/11/2003 2002102791 15 $2,882.00 $1.512.00 S1. 370.00 ."...~~ "'" '" . IV""' July 27,20004 Page 9 of 22 . Shaclecl...... indicated Building pennila where _ Impact F_ ...... overpalcl. Summ PlaclI Bulldln pArmlts load Imn; let 1:........ D"IJd f\~ Or\JlDaI An.Ollllt of a_a R.efund Pemllt Nbr ~uer's Name Pennit Address Status l....ued Permlll BuildiJlg Road ImPllc:t ,..... Paid Road lD.pac:t fees Amount 'no~041 n7R lliU""" ;)U...MU 2002102229 1 VENTURE IV ~QJl CANCEL ~Jl;. ~-""""'" 2002102229 1 $1.512.00 $1,512.00 $0.00 VENTURE IV ~QJl INSPECT 8/22/2003 iiDlTiiIlIllV ,., ~: . -"--,-i. .'~- u.tICf ~ 2C02102229 '. ., ".1 .~'h '12.882.00' '.' 51.512.00 . ,~51370~00 ~ji ~-.~... ~> IViiimiiE IV ' '" DiiPicr ~. .'. -.. '. . ",:.c.P siia2.oo ;r'-4:-...:_ 51M.2.IXl ""if37J);Qc{ ~I; ~'.' , . " .'-- .:' ~ 2002102229 '1 . "..;;.;.,-..--... . ~11M 1-mrnmtIV' . ~cD.-:7::: 00incr 2m2102229 .~ ,$2 ri82.oo ':> :- ., i: ~... '/MI*,,' "~ 1 .' 51512.1Xl $1 370.00 .., 'Xlmn411M. , 2002102229 . ~; :"'f'" i2:.M2.dO' .. i;'$1-.512.<Xi .' ~T IV PLACBCUl. .. . \IlIIPECI' 1/8/~ ,.1 " - $1.310.00 .' ~ .' .'_1. .4"St 512.00- 51;370.00 \:1 VI!IfTtlM IV PLACBQJl INIPI!Cl' '/22/-:J 2002102229 .' $2.882.00 ?M'U\.410" VENTUIlE IV ~QJl CANCEL 2002102230 2 . ?002102230 VENTURE IV I'LACI! QJl INSPECT 8/22/2003 2002102230 2 $1,512.00 $1.512.00 $0.00 I,,): 10 \'IHl'UU1V . PLACBQJl. ~ 1/taI~ 2fXI2102230 2 $2.882.00 $1 512."00: 51.370.00 .. : ?M"Ul.oI.1nnA .,. " S2.8n.00 - VIlHl'UD IV PW::ICut DISPECI' ~ 2002102230 2 $1 512.00 $1 370.00 ?M.'W1M7 .. rt:M%aIl 2002102230 -:c- 2 - $2 882:00 . $1 512.00' '.$1.370.00 ~IV', . J1f8PI!Cr ~ . ....nWt0n4 ." ~JV .' PLACE'en' . 2002102230 - 0.-';". $1.512m ::$1' 370.00 JN8PIX:T 1/8/-:s 2 . . sti82.00 '. 51 512.iJ) $1 370.00 vi:NTUIls IV PUCE ci1l. ~ '/8/tIOO3 2002102230 2 1?M'UI,41Ql;F\ 1497" ..~, 2002102015 VENTUIlE IV PLACE QJl CANCEL 3 1?OO2102015 -.w7'J ........., I VENTUIlE IV PLACE QJl INSPECT 7/11/2003 2002102015 3 $1,512.00 $1,512.00 $0.00 /-).., ~Vt41CI!'ifl 'PIImHtE IV ~;-. \I'llJlECl' 7/ll/-:J 2002102015 3 $2.882.00 $1.512.00 $1,370.00 ,,' ,; :It\I\'V\41 QFltl --. 2002102015 3 $1.370.00 4 VI!Nn1RE IV PLACBaIl \IlIIPECI' 7/l1/t1OO3 S2 882.00 51 512.00 )M.'W 1961 ---,-' 2002102015 3 $2 882.00 $1.512.00 . $1.370.00 " VI!ImlM IV PLACE all \IIIIIP1tCT 7/lI/tIOO3 8 ..-..........., 2002102231 4 VENTUIlE IV I'LACI! QJl CANCEL ....... ....~." , VENTUIlE IV I'LACI! QJl INSPECT 10/17/2003 2002102231 4 $1.512.00 $1,512,00 $0.00 IJh VIIm1Im IV PLACE CD!. INSPECT 'O/17/2t1Os 2002102231 4 $2.882.00 S1 512.00 $1,370.00 Vi. ?M'1Il.41M1 VJ!III1'UaE IV PLACE all DI8PI!CT ~,.."tIOO3 2002102231 4 $2.882.00 $1.512.00 . $1 370.00 '0mn411lO5 VJ!NnlE IV PLACE all DlIPJ!C\' fIO/l"f/2OO3 2002102231 4 12,882.00 51 512.00 51,370.00 . . '.' $1 370.00 7 V!lf1'UIlE IV PLACBaIl DIIPI!CI' 'O/17/2t1Os 2002102231 . . 4 $2.882.00 $1.512.00 ,. 2002102231 4 .' VI!NTIllIB IV PLACE cut JIIIIPIC1' '0/'7/tIOO3 $2.882.00 $1 512.00 $1 370.00 Agenda Item No. 100 July 27, 20004 Page 10 of 22 . SIIaded..... Indlaltecl BuDding pennilll _ Ro.d Impact F_ _ OYeIJI8ld. Summit Place Bulldln ~^.d ImD; let Fees paid ~ Amount 01 ..ooa Refund PermIt Nbr o,,-ner's Name Penn!tAddress SlIltna I&sued Building ....d Impad FClft Paid ....d lD.pad Fees Amowll 2003041162 VENnJRE IV a.NCEL 2002102793 16 ~'VI41f\6A VJ!In1lUIV I~ ,.', DIII'I!Cr ' uj~12om102793 ~~.18 ~.~~siB82.00' ~::~,:: \. . ;$1512.co.. $1 370.00 I?MW1nAA , iJ;..'~AVB ;. .'t~~. . I:'~ ~i0m3 ;'.;";16 ;:,.~.~:,.-':.~ : .;:;:-c: .s1".512:DQ~ :-sf'370.00: VDn'UIE IV DlIl'ItCI' ;",,":;':-;',:.-.;:;-- 'l'-'"""~ '.......~, n;~ 2002102793 ~-7:'-:~18 -. .. .' ,,-,- . !'l" '!.;~'i4f5j2.m ''l'i'i70:QO 1~;1it7 JDrniu IV "'";"::. .._:....~. ._"...,....."~-,:-r.'~'\......,. i46ti;llO'11II!IIi.MI IIIIPI!IC1' .1':....--:;:;::$2 882 . 12a03041151f';' "YIImEIW"T.C' .~ ,"""_"_ . .'c...... -"':-":- :... -.".' . '" ~t/-.",:.' " ':.' ',8 ;:~.~ "i::: 52:882:00 --:- ~. sj:i1ioo. :.;:U:m.oo ~ .~VB- Dt8PICI' . aii2412l>03 2002102793 . ',- . , ......:-,." "'-:." .. '-"8 ,), ~ ~ . . .tt~oo: .."""...., -',d_._"~_,;, .$1.370.00 ntmJIi:lV - - .. ...~.... IJISPf.CI' uj~ 2002102793 .. isfs12~oO ,- 17/Vl?1n?7Q~ VENnJRE IV lNSPECI' ul2412D03 2002102793 16 $1.512.00 $1,512.00 $0.00 12003040534 VENnJREIV a.NCEL 2002102794 17 20021n7053 VENnJRE IV ....637 COWER BLVD a.NCEL 17 . IBJIUIalIV . ' f;::'; c..' , .' 2002102794 . $i:mOO '512.00 '$1 INllI'IlCI' dk/2I>03 17 .' $1 310.00 10 . .....' .- -.:..-........ - -'::17 ,. ':.:"',7"' . .' ;$2.882.00' :.0:--.... '-Sf:512.00c :.: ..-.,~....,...l..;. v.rn.r:lY' :.'"' i .. , .. II'8PIcr 12/4IWI03 2OQ2102794 .. '"$1.370.00 " _. " . . 2002102794 '""-"1'7 -, .,<'$2.a8i00 ',. ". . .:"::"0,.",-':,.,. "stm.()() VDrnJaEIV-::;' ,'.. I464t SUT'fIllRLAMD AVE DaI"I!ICr >.aI4I2I>03 . $1 512.00 ,.-. ,'~iv' n.PI!CI' 2002102794 . . ',... '"$1' 512:00: ...... .' .~. '4637 IUIBIlILAND AVE 12/4121>03 17 $~ JVI7'm .. $1;370.00 ?MAAot0527: .~ V!I'rt1lu IV -; '. .' 12882.00 ~ ~.....- . 512.00 -.... ....;v.. DI8I"!Cr >.aI4I_ 2002102794 17 $1 $1 :370,00 2002102794 VENnJRE IV ......~ U/ 412D03 2002102794 17 $1,512.00 $1.512.00 so_oo lNSPECI' ?O/l~04111R '40:>;> 2002102795 18 VENnJRE IV CANCEL 2003041113 VElI'I'UItE IV w67s Sl111II!IILUQ) AVE IlIIIPECI' 12/11121>03 2002102795 18 $2.88200 $1.512_00 $1.370.00 1003041125 YI!I'n'UaE IV I...... IHSPECI' 2002102795 18 $2.882.00 $1,512.00 $1,370.00 12/17121>03 ~1124 1- 2002102795 .. 18 '52.882.00 VEHnJU IV D1lIPECI' 12/17/2lJoa $1.512.00 $1,370.00 :xv1~t1~ '" c' 12,882.00 VEN11IItB IV 14661 SUlHIRI.\NDAVE lNII'ECI' d/17/2t003 200210279& '18 $1,512.00 $1,370.00 ?O/l3041122 1a/t1t2003 2002102795 , . . \'IH1\IltI! IV i.46s7 stmII!IlLUlD AVE lNSPIiCJ' 18 $2 882.00 $1,512.00 $1,370.00 ~M?1n?7Q" -:.;, 2002102795 $1,512.00 VENnJRE IV lNSPECI' latl7/2OO3 18 $1,512.00 $0.00 2002102020 VENnJRE IV ....681 COWEllBLVD APPLY 19 200304~101 VENTURE IV ....677 StTllf.ERLo\ND AVE a.NCEL 2002102046 19 II4O'J7 - " 51200 ftlIm.IIlE IV II'ISPI!CI' 7/1V- 2002102646 19 $2.882.00 $1 $1 370.00 2lXl3043097 I........ 7/uiwoo . S2 882.00 VEI'mlJlE IV INSPBCl' 2002102Q.46 19 S1512.DO $1,370.00 VI!ln1lRI!: IV DISPICI' 7/ll/aI>o3' 2OO2102Q.46 19 .. $2 882.00 . . $1.6,2.00 . .. $1.370.00 VI!NI1JlIE IV -. IMIPIlCT 7/11/2DOG 2002102046 19 .' .' 51 88i00 S1:512.00 . S1.370.00 ?OO~31nn 2002102046 19 $2 882.00 "'l:f'" '"'::,..''''''' .- "'" VDmJIIIlIV 14681 ~AVE DIIlPECI' 7/u/_ .. 70.00 200210'XWl VENnJRE IV L4677 SUIlfE1lLANI) AVE lNSPECI' 7/11/2003 2002102046 19 $1,512.00 sI?,~~ob of 22 $0.00 . Sh8ded araaa Indicalad llu/IdIng pennlla ....... RoIcIlmP8d F.. - 0Y8IJI8Id. hrDlltNbr 0.....,.... Name 2003041012 VENTU1lE IV 2OOW1019 VENT1laIt IV' '.~ .' 17 VDm1II.IV . " bnmn.t1n1!\ '. ftImlU IV ,. 2OO~1014 VIInllRE IV 13' 'f'IlImlIUt IV ... ~102n47 VENTU1lE IV 1?M3n4082R VENTIJRE IV boo2102048 VENTU1lE IV . , VDmlRIIV :'." 4 - 1 ' , IV: ... lli' '. 'lDl'nJM1V"; . 1~' . VltmlUJV moW1i' Yam7D!1V bnn~1l.41167 VENTU1lE IV ~1171 YENnlIIlt IV bnmn.t 11 Bll VDmJUIV . 1 VI!NTtIIlE IV "-'~11R"l VDmJRIlIV bwvnn411 Fi5 VDmlIl2IV 9 VENTIJRE IV !2m304HIR7 VENTIJRE IV ~1QSn ~--IV ~1QAA VDmJRIlIV VIlNroJlE IV 2002102018 VENTU1lE IV PlaclII Bulldln 1:1 Road ImDact ~- .- ""_I'- ~ Amount 01 PermI.. Buildlnl 1l000d Impact P"," Paid aoos Ilolod Ilnpact Pees Refund Amount PenD.lt Adclrea SI.hlS ....uecl ...701 strrHERL\NDAVE CANCI!L 2002102047 20 ~ SUTHDJ..ANOAW- DIIPI!Cf 1/U/260S 2002102047 "_: 20 <:-~t: - <:::;~S2.s82.00' .,:'~~r:. ';r:S1'~i2.0(t .;:~ ,$1.370.00 J.f711 I17n11StW1DAYB uiftCr 7/iJ1WI03 2002102047- ,~~":~;. '20 1.-"" _.~-.:~~.882.oo.~;..~-,~:~:.~:s1.i1iOct .fs1-:mOO-: c '-'N ~AvP. ilIift:r' ,"Kii.i4:, 2002102047 ~':' ""::.2i, .:..::.:;, \~ ..i2':BSi.ocf .; .:.::"jt51i~, , ..sr~ IJI8PICI' 1Il~' 2002102047' oilR.cr luJ2e03" 2002102047- ...701 SI1I1iERUNDAVE INSPECl' 1/11/2003 2002102047 CANCEL 2002102048 INSPECT 12/22/2003 2002102048 ...'" sunmu.umAYE INII'ICI' 12/=/-s 2OO210204e ;""'~AVa ~: di;.;~ m1~ I~~ ~; ~ :zo02102048 I....-r 12/a/2e03 200210204a IMIPIC1' l2/ftJ-s 2002102048 CANCEL 2002102049 DIIPl!Cf 12/SJ/21>>3 2002102049 IMPIICT 12/3JI-s 2002102049 DIIPICl' 12/3JI"""3 2OO210204G IN!IPICI' ~'MJ03 2002102049 IlI8P!CJ' 12/SJI-s 2002102049 INSPECT 12/31/2003 2002102049 I~>- I"""" ...?6G PINaI.ACt.E PL . 14'1!9 PIIlN.&a.X PL "''lS5 P!IINAC1.E PL ...751 ~PI. ""4' Pl!NNACiJtPL 1......0 ...167 PINNACLE PI. CANCEL 2002102018 ..."" PIIIINAa.f: PI. DIIPICl' "at/#/JG4 2002102018 ...175 I'IMNACLE'L INIPI!CI' "../#iJG4 2002102018 ...m PU8lACI.E PI. DI8Pl!CI' "891#/JG4 2002102018 ...'161 PINNACLE PI. INSPECl' ""'2004 2002102018 . SNded aruslncllcalocl8ulldlng pemtlIa....... Read Impact F_ _ overpaid. .20 ""20 20 21 21 . 21 ";21 . '21 '21 21 22 22 22 >> 22 22 22 22 23 23 23 23 23 ~ . - _.~, '-;"$2'8s2.00 1~"" ':S2~.OO; $1.512.00 ... ...- ..~-_.~-_.". . .':'-.-.. '-""$1~i512.OQ; .> $1;37OlIO < ':,4fS1i&) S1mOO $1,512.00 $0.00 $1,512.00 $1.512.00 $0.00 '., . '$:z.sum " 'S1512.00- ,S1 mOO .... ,< :." '$2M2.00 '. ',' . :fl:512,OO: .: ;~$1.37D:m .' :: " 00,' :. . :S151ziiC{ '. $'1 3iiOO ..... . "'$2 882.00 :::'$1~$1io(i' '$1~370.oo . .,,, ." :, $2.882.00 $1 '512.&)1 $1,370.00 $2 882.00 $2.882.06' 52.982.00 " $2 982.00 $2,882.00 $1,512.00 ${512.00 $1 51ioo $1,512.00 $1.512.00 $1 512.00 $1,512.00 $1.370.00 $1,370,00 $1.370.00 $1370,00 $1 370.00 $0.00 '. $2.882.00 $2.882.00 . .' '$2;882.00 $1 512.00 $1.512.00 .$1.512.00 $1 512.00 $1.512.00 $1.370.00 $1 370.00 'S1 370.00 $0.00 -. '" Agenda Item No. 100 July 27,20004 Page 12 of 22 I'a1l11t Nbr 0.. ..cra N....., Summ Place Bulldln 200304102B VEImlllE lV ?Omn41'~3 V1fiI'UIE lV' 2003C41073 \'II'mlMlV 2003041067 . ~lV ~3041032, iftImJulV 2M3041m&' '-lV VEImlllE lV PermitAddress Shltus ","uccl ~ 14785 PINNAa.EPL CANCEL 2002102050 &41"6 PDlNAa% PI. IMSPECI' 13/31/2003 2OO2102G50 . I4Iol ~PI. ., DIIftd. ral3J/~ 2002102050 . 14m ~PL . - u...a. GI~.o, 2002102050 .~I4?93~PI.;;' .' ~ ~ 20021020!50 1)ISPf.CT 13/31IflODG 2002102050 ..' - 14789 JlItlHAClZ PI. . l478s PINNACLE PI. 2003041196 VEImlllE lV 141109 PJNNA(U'. PI. 2003041180 vamlU IV ....., ~PI. _~11~ l'DI'nJISlV ....:'; .....,~JIlL-. 2Oil30411a4 'fIIlTtlU1V ... .'.:' ..... ~PL 20b3041187 VI!N'nJItE IV 2M3041 fIlA ntmlItElV 2002102224 rv 2003041975 VEImlllElV rv 2003041977 YI!N1'llIIE rv 2003041976 wtm.lItE IV 2002102019 VEImlllE lV 2003040659 VEImlllE rv 7 \'I!I'I'I'lDtElV 7 VI!tm1RE IV 58 VENrUItE rv 2002102225 VENI11RE lV " '-.:-' .. . "'11. PIIftW:1.E PI. .. . a+I&3 PDINo\C1E PI. L4809 PINNAa.E PI. 14831 PJNNACJJ! PI. ....... ...,.,Aa,B PI. t.t&45 .....wu; PI. ...... PIMIACU! PI. 14831 PINNAa..E PL 14853 PlNNACLEPL L4I69 I'IIOW1B PI. l486. PINNAaJ! PI. l4II1 PJM/AO.E PI. 14853 PINNAa..E PL l4I6s PMoIAQE PI. PlACE all INSPECT U/3112OO3 2002102050 CANCEL 2002102224 i*PICI' 1/'MfI/ebO.4 2002102224 .. DiIJIPECI' aMI"';"": m102224 Bier ~~' 2002102224 ilI1sP!Cr IIV91_ 200210222. JrlSPIIC1' 1/"9/_ 200210222" INSPECT 1/29/2004 2002102224 CANCEL 2002102019 DIInCf .2/,1/_ 2002102019 - INSPICT l!>/31/flODG 2002102019 DlSPJ!CI' 12/3l/2O<>3 2002102019 INSPECT 1'/31/2003 2002102019 CANCEL 2002102225 INSPICI' lO/8fM>>3 2002102225 OIIPI!CI' 10/att003 2002102225 INIPECI' 10/8fM>>3 2002102225 INSPECT 10/8/21>03 2002102225 DlIPrCr 14/8/2i>>s 2002102225 INIPECI' 11>/8/_ 2002102225 . Shaded arus Indicallld Building permits -.. _ Impact F_ _ overpUl. . Imnacl F_. Paid AmowItof BuildlDI Road Impaet F..... Paid aooa Road Impllet Fees Refund Amount ....c.. 24 ~24. - .c;.> $2 8s2.00'''' n $1,512.00 - .$1 320.00 : ..-~24.~ ~" '.~ -.:SiM2.oo - ~:~~. ~ ~.!S1;S1im. -i. 'S-f370m 24"" .;;:,,-. ,:,i2iB2.00' " $1'51"2:00''- S-t~70.00 24 - - .,. .:~882.oo' 51'512:00' .$1370.0> 24 :'."' "s2.MiM ':$1512:,,00 '~~.$1370~OO 24 $1.512,00 $1.512.00 $0.00 25 '25 .' $2,882.00 $1.512.00 $1.370.00 25"':" 's2;mOO"",. '. :Sf51i:oo: ;:i$1:m:&i '25 ,"~" -""-s2.8tt'oo '''':'':':~S.1:512:00' '<"51.370.00 . 25 ". sifiBiof-p - 1"'S1.51iliCq '$t370.00 25 ~s82.i:D: <':~'S151"'2:OO~ $1370.00 25 $1,512,00 $1.512.00 $0.00 26 28 26 26 26 27 7T 7T 27 $2.882.00 $2.882":00 $2.882.00 $1.512.00 $1512.00 $1.370.00 '$1.512:00' .... SU1D..OO $1512.00 $1.370.00 $1.512.00 $0.00 27 7T -27 $2.882.00 $2.882.00 $2.882.00 $1.512.00 . $2,882 00 $2.882.00 $U12.oo~ .. $1.512.00 $1,512.00 $1,512.00 $1,512.00 $1.512:00' $1 370.00 $1370.00 51 370.00 $0.00 $1.3"70.00 $1 370.00 .' . Agenda Item No. 100 July 27.20004 Page 13 of 22 p..nult Nbr Choncr's Name '00:\042225 VENTU1lE IV 11 Yl!lmlMIV '. ftImlIlElY.'~ 7:' ',. \'1lI't11JJIiE1v..' ".,' IV': VE\ImlItE IV 17M?107?7fl VENTU1lE1V 63 VENTU1lE IV VIlNTtI1U! IV 11M:W2188 MlNnraIV' ~'f7~ IYam.luIV ,.., ..... 77 VIMU1lEri- I. .-- ""1A1' c VItn'UlleIV .13042197 ~IV 2003041492 VENTURE IV VENTURE IV VZImIItE IV 2M3041832 VBNTUItEIV 2M3041945 VI!MTUIIE IV 2M3041946 Vl!ItITUUIV 2003041943 VIlI'r1'U8B IV VIlNTtI1U! IV VI:If"I"UB IV VENnlJtE IV VE\'mlJlB IV VENl'UM1V VENTURE IV 1200210221 9 VIlNTtI1U! IV ~oad Iml'ud - -lid ~ AmoW\tof status _lied PenDItI B1Ii1dias \l.oad bnpaet P...... Paid CANCI!1. 2002102226 26 DIlRCJ': t/WI/'/lOoI, 2002102226 . n.:28 .... 'I2Jl1l2..00 ~: ;$1 51iOO:;::s1,370.00 PLACEaR .- '-~'''~''~ DiRer i/;,}~ 200210:2228- ; '28tr-'{,;.:':;<'~~':: .$2 moo'....f~..:. /,.f.sH:OO'l :sfJio.oo Miii:cr iJi4I~ _102226 28"-;':- "',:;:',' '$2&82:00- ">:~i~"":ii::&12ht': .it':'S70m . ~ ~~_f 2oo21'0222e : 28 .' "j,.:naSiOO~;' ... n;'ii~r~"'joS1 370.00~ JNin.ICii: ";,,..' 2002102m " ~28 ,e;ShS2;CXi' '.", . s1~5;2.00 sdro:oo INSPECT 1/29/2004 2002102226 28 $1,512.00 $1,512.00 $0.00 CANCEL 2002102227 29 READY 2002102227 29 IWDY' 2002102227 29 . IWDY" .- c 2002102227 "29 .,.. IUW)Y 2002102227 29 Wtw .' .' 2002102227' . :29 '" BADY 2002102227 29 ',' CANCI!1. 2002102228 30 READY 2002102228 30 READY 2002102228 30 RUDY 2002102228 30 RIADY 2002102228 30 JlIW)Y 2002102228 30' I.EADY 2002102228 30 CANCEL 2002102219 33 READY 2002102219 33 READY 200210221933 I.EADY 2002102219 · 33 . 2002102219 .. 33 2002102219 331-.... 2002102219 33 Summl ' PlaOll Penult Addra.at ,~ l;r:z;::-u . ' j -.;~ '(':'.~:~~; :. ;'''''?~ $1.512.00 .:.......::..,' '$2.B117:00 .:. SuSicli " ",," ,',. .. , simoo ,- '.' $1,512.00 $2,882.00 $2.882.00' . S2.il82:00 12:882.00 -' $2 882.00 '. 'niaiCi....:t . l;r.:a~,~.: I"'...... ..~........ PL\C1l CIll PL\C1l CIll PLACE OR , .- PLACEcn. ""''''-.' ",!"T~~' ruczClll PLACE CIll PLACE CIll PUCEaR PLACE OR rua:OR PLACE cn. . PUCEcn. . -~. ~...g....... PUCltaa PLACZaa I.""".~~-. . . $2.8&2.00 · siss2.00 sitm.oo . $2 882.00 $2,882.00 $1,512.00 It&ADy READY READY . Shllded..... lncIic:aIed Building pennita lIlIheq Road Impact F_ ..... ovlf\)lld. aooa \l.oad Impart P_ $1,512.00 $1.512.01) -i1~itiOO .' .' $1\512.00' si51m . ::S1~12:OO $1,512.00 $1.512.00 . $1 512.00 $1;512.00' ", $1.512.00" --> ..;;~-.,. $1,512.00 S1 512.00- . $1 512J.io . '$1512.00 S1;512.oo $1 512.00 $:t512.00 1I::f.'11....... Ill"'" ....... Refund Amount $0.00 $1370.00 $1 370.00 $1.m.00 S1$ro.00 "$U1O.00 $0.00 $1.370.00 51.370.00 $1370.00 $1.370.00 $1.370.00 -$1 370.00 $1.370.00 $1 370.00 $1 370.00 $1.370.00 . ~~ $0.00 - Punlit lIo", <>-ucr', Name 2003042239 VI!NIllRE IV VINTUItIlIV " 1 V1lN11IJlElV ' . .' A - 47. IV" -- -4;\ VEIrnJItE IV ",-:.. :01 ..',. 'f!Jl'I'UU IV - c '.. 1,,00"10???n VI!NIllRE IV 2002102221 VI!NIllRE IV :>00304 HI!'i3 VENI1J1lE IV :>OO"10?22? VENI1J1lE IV 2D03041952 . 'fJlImlIIB IV 1,oo:W1Q51 - ~lV " YI!N1'\JU IV ?M~1QMl IV ?tIOW1947 vamlItE IV 1.,003041 !'I1l!'i VENI1J1lE IV 2002102223 VENI1J1lE IV 0003&41967 \'DCTUItE IV ?M:vlA197n ~IV :)MVW 1 !'I71 vmnuMlV 2003041973 VI!NI'OItE IV ?fYnn41!l74 'IIlNnlU IV .,nn304?344 VENI1J1lE IV 2002102217 VENI1J1lE IV 7 VI!InlJu: IV 2M304~56 VJ!NroIlE.IV V!:N'1'UIlit IV ~'042'U7 V1!:'mJU IV 2003042345 VENroRE IV ~umml Place Bulldln Permit Addras "'..", -.. - .:- ~ ,"~ ~l;. "'..", ~v.......u 1,5444 ~u....... PLACE OR ~~' ""'""- ~u.....,... PLACE OR PLACEaR PUCEall" . 1"'- 1""- 1""- -- ""-.., ........ ~ ~7D -... , ..,._ ~UMmJ' 1li'- ~UlVlM11 - ........... . - ~- ........., .' ~ .......... SlIIlns boNed CANCEL -. IIEADV; 2 """ "-,- ItEADY .. .' UADir '. IlZADY 1lIWl't " : READY CANCEL CANCEL READY ltIWlY RL\I>Y ltIWlY .', READY READY CANCEL READY UADY READY RLU7l' R2.AD\' R!WlY CANCEL INSPECr 6/27/2003 1NSPt!Cr 6/'Z'TI_ IN8PECr 61'Z'T1_ INSI'fCI' 6/'Z'TI_ IMSPrCT 61'Z'T/2003 IllI8P1!C1' 6/ozr/2003 . Shaded ...... ~ Building pennila __ _ ImpKt F... _re OY.rpaid. ROAd ImDact FeAR Paid ~ Amonnt 01 p..;;m.. BuDdlnl ao.d Implld F-, hid 2002102220 , 2002102220 ,. ..... - 2002102220' ~02220 brm10222n 2002102220 2002102220 2002102221 2002102222 2002102222 2002102222 20021 02222 20021 02222 2002102222 2002102222 2002102223 2002102223 2002102223 2002102223 2002102223 2002102223 2002102223 34 " 34: '34 34' "S4 " 34' 34 37 38 38 38 38 38 38 38 39 39 39 39 39 .' '39 39 .....2 ItoIld lInplld Fees Refund Amount ,,! ~ si.Aa2.00" ,_ $1;S12.00~'S1370.00 , '~:~$2.88i0li ,,c., 'o!,'>i';'$1:512,oo." if.370:oo :i,'. ~:. ;"$2 882.00 ..,l :$1~21n' <$1370:& ,;-:.'- ".S2Ji82.00. .;' .-.~ S1.mOO.. $1.570.00 .<V"",'S2m.OO.' c' ',. 51'512.00 51,370.00 $1,512.00 $1.512.00 $0.00 $1,512.00 $1,512.00 $0.00 S2Ji82.00 $1 512.00. $1.370.00 S2.M2.00 $1.512.00 $1.370.00 $2,882.00 $1 512.00 . $1.370.00 '. . . 52.882.00 I.... $1 512:(iO . $1 370.00 S2:882.00 $1.512.00 $1.370.00' $1.512.00 $1 512.00 $0.00 $2882m $1.512.00. $1,370.00 $2.882.00 $1 512.00' $1 370.00 $2.882.00 $1 512.00 $1370.00 $2,882.00' $1.512:00 $1-,370.00 $2.882.00 - . $1,512.00 $1,370.00 2002102217 40 2002102217 40 $1,512.00 $1.512.00 $0.00 2002102217 40 $2 882.00 $1,512.00 $1.370.00 2002102217 40 ,. $2 882.00 $1,512.00 $1 370.00 2002102217 40 , $2.882.00 " $1,512.00 $1 370.00 2002102217 40 $2 882.00 . .. ..A_ 11t:G70.oo 2002102217 40 . $2.882.00 '~Mfio O~O.OO I-'age 1 ~ or"L"L P.n..;t Nbr bnmn40Qf;r:; I?M?1n??18 Owners N.me Permit Add..- Ib_ ~ ; --:."-,:""", ~u ad 1m 0rt&IDaI Status Iaooued Perml.. Building CANCEL 2002102218 \NSPEC\' 7/31/2003 2002102218 o.-cr~ 7~ 2002102218 r. . ..~. .~. ~.-::-' ...,~.t.", -,-~ OlSPrCl" '/s1I'M>>S' 2002102218 DI8PiCi-' 1/31~ 2002102218 " MPr.cr iiiPt2003' 2002102218 t ~ 7131/201:13 20021'02218 ., . SlIadad...... indicated Builcllng permits whe.. Rood Impact F_ we.. ovarpald. 7 vmroRE IV vmroRElV V1!NT1l1lE lV ntntIJlE lV vr:tmlUlV VENTWlE lV' VEN'JVti lV , ";],:"< ',~ .,.,~....., ~ - 41 41 .41 -' :~':;:"'41 ;.. .0 41 ' /r-i4,I',:; . :i1 ,:; Paid Amount of RDad Impa." F_ PaId aooa RDad Impact Fees Refund Amount 51,512.00 51,512.00 SO.OO ::;(;,.: :$2 ROO '~.:~ '~i1':s12.00: ':"51;370.00 ,:. ":"'1S21m:&l :"T ,'7{t1:S1i60"" ..;::1i1'370M . ,;';;'i;,"S2:8iiOO" .')" :~$1:SU.oii~,sunioo ::-0 $2..,00",:.::' ri'S12.00' 'sum.iii' ,:;"::' $2.882.00 ,,' Sf512.00 $1370.00 Total S217,830.oo Agenda Item No. 100 July 27,20004 Page 16 of 22 COllIER COUN1Y FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT 2800 N. Horseshoe Drive · Naples, Florida 34104 · (239) 403-2369 · Fax (239) 403-2405 March 31, 2003 ~. . Mr. Dwight Nadeau, Planning Manager RWA Consulting 3050 North Horseshoe Drive, Suite 270 Naples, Florida 34104 Re: Impact Fee Refund for Summit Place Dear Mr. Nadeau, Thank you for your inquiry regarding the impact fee rates applicable to the Building Permits in the Summit Place PUD. Although we understand that your client originally applied for thirty-three (33) building permits for single-family attached homes, in advance of the November 1, 2003 Road Impact Fee increase, thirty-two (32) of the subject building permits were subsequently cancelled and re-applied for in April of 2003. It is the policy of the Impact Fee Administration office that applicable impact fee rates are determined by the building permit application date. Therefore, impact fees for Summit Place must be assessed based upon the April 2003 date for the above-referenced thirty-two (32)penIrits. In conclusion, staff s utilization of the rates in effect at the time of Building Permit application (April 2003) is consistent with the policies and procedures of the Impact Fee Administration section of Financial Administration and Housing and with the practices outlined in the Administrative Procedures Manual for the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, which is incorporated by reference into Chapter 74 of the Collier County Code of Laws and Ordinances, as amen4ed. Therefore, we must respectfully decline your request for the refund of the Road Impact Fees paid for the Summit Place development. If you have any additional questions, please feel free to contact me at 659-5721. o l'~: -----_..-......,...- - c o r c o Agenda Item No. 100 July 27. 20004 t .'. Page 17 of 22 .. " Summit Place Impact Fees Page 2 Sincerely, ~~~ Impact Fee Manager ec: Joseph K. Schmitt, Administrator, Community Development and Environrncmtal Services Division Denny Baker, Director, Financial Administration and Housing Paula Fleishman, lmpact Fee Analyst Agenda Item No. 100 July 27,20004 Page 18 of 22 UlYTAC << ,. ", . , ~ ,; ~. : ..iL.'... ' , ',.L -..... . l:ngintXN . Sun"cyol'i Ii :..: ~;;: . PIJlll1~rs . PnlJl'l:1 ~Ianag~rs ! '\fj~J i..,-", Lja~~~-,~,-,~"j ~. - Af\; G ZGD4 AprilS, 2004 COMMUNITY DEVELOPMENT Mr. Joseph K. Schmitt Administrator Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Re: Impact Fee Refund for Summit Place Dear Mr. Schmitt: On February 27, 2004, our firm sent a letter to Ms. Amy Patterson, Impact Fee Manager, requesting a refund of District 1, road impact fees, with regard to Summit Place. Please consider the following explanation of our position. In October 2002, thirty-three (33) building permits were issued for four, and six-unit buildings in the Summit Place PUD. Each unit within the single family attached structure has always been intended to be conveyed in a fee simple manner, including a platted lot. In April 2003, building permits were issues for each individual unit, with one unit retaining the original permit application date of October 2002, and each subsequent unit was issued with the April 2003 application date. As you are aware road impact fees were changed between these time periods. Enclosed you will find a spreadsheet showing each issued building permit number with the corresponding original building permit number. The clear intention for the original building permits was to construct the entire building, as evidenced through an example of one of the 2002 building permit applications. You will note the hand written modification to that application in 2003. Therefore, since the original building permit date was honored for one unit, it should be honored for all units contained in the building. In a response from Ms. Patterson dated, March 31, 2003, she states that "thirty-two (32) of the subject building permits were subsequently cancelled and re-applied for in April of 2003". However, ifthis were the case, the original building permits would have been cancelled and new permit numbers issued and the "new" impact fees charged for all units. As stated above, this was not the case, one unit of each building retained the original application date. We do understand that the impact fees were administered using the building permit application date, however, it is our position that the original building permit application date (October 2002) should be utilized for all units within the building. Agenda Item No. 100 July 27, 20004 P:\2002\02~SO.01 Hibiscus Village Phase: II Zoning\OOOl Genmll Consultation and CoordinalionllmpaCI Fc:c: refund appeal JD!~tt19-of 22 04.doc 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104. (239) 649-1509, fax: (239) 649-7056. www.consult-rwa.com RWA INC. Mr. Joseph K. Schmitt April 2, 2004 Page 2 As a courtesy, we are appealing this decision to your office. Since the Administrative Procedures Manual for the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, which is incorporated by reference into Chapter 74 of the Collier County Code of Laws and Ordinances, as amended, does not address an appeal of an administrative decision with regard to this situation. We are respectfully requesting that you consider our line of reasoning, and refund our client $217,830.00 of District 1, road impact fees. Should you have any questions, please contact our office. Dwight Nadeau Planning Manager RWA, Inc. Enclosure(s) Cc: Richard Davenport, Waterways Joint Venture Richard Yovanovich, Goodlette, Coleman & Johnson File Agenda Item No. 100 July 27, 20004 P:\2002\02~50.01 Hibi5':US Village: Phase: II Zoning\OOOl General Coosultation and Coordination\lrnpact Fc:c: refund appeal fs~?-9. of 22 04,doc COMMUNTIYDEVELOPMENT AND ENVIRONMENTAL SERVICES Office of the Administrator 2800 N. Horseshoe Drive - Naples, Florida 34104 - 239-403-2385- FAX 239-403-2395 April 19, 2004 Mr. Dwight Nadeau, Planning Manager RW A Consulting 3050 North HorseshOe Drive, Suite 270 Naples, Florida 34104 Re: Impact Fee Refund for Summit Place Dear Mr. Nadeau: Thank you for the clarification provided through your response letter dated April 5, 2004 regarding the Road Impact Fees paid for the Summit Place project. I have carefully reviewed all of the information relative to this issue and still must conclude that the impact fees were accurately assessed and collected for the project. The applicable impact fee rates that are utilized for impact fee assessments are determined by the building permit application date. Therefore, the impact fees for SUmmIt Place must be assessed based upon the application dates of th~ thirty-three (33) building permits in question. The building permits that retained an application date prior to November 1, 2002 will utilize the impact fee rates prior to the November 1, 2002 increase, while all building permits with an application date of November 1, 2002 or later, are subject to the new fees in effect at that time. In conclusion, although I understand your client's intentions with respect to the construction of this project, I must respectfully decline your request for the refund of the Road Impact Fees paid for the Summit Place development based upon the Administrative requirements of the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended and its companion Administrative Procedures Manual. c .:r&::--. o ,'.,\'; . _.-,,,..."'.,.....~.......,... ~...., ere 0 M '" ---.. .............--..-- ........-'----..-..---.. Agenda Item No. 100 July 27.20004 Page 21 of 22 ,v t Summit Place Impact Fees Page 2 If you have any additional questions, please feel free to contact me at 403-2385. Sincerely, JKS/ssl cc: penny Baker, Director, Financial Administration and Housing ./ Amy Patterson, Impact Fee Manager Paula Fleishman, Impact Fee Analyst ~- ~ . . . ., ~. Agenda Item No. 100 July 27,20004 Page 22 of 22 ~, EXECUTfVES~RY Direct desired action by the Office of County Attorney in two code enforcement lien foreclosure actions entitled Collier County v. Anthony J. Varano, Jr., Case Nos. 99-4226-CA and 00-3430-CA. OBJECTIVE: That the Board of County Commissioners direct the Office of County Attorney as to one of the following options regarding two pending lien foreclosures entitled Collier County v. Antoonv J. Varano, Jr., Case Nos. 99-4226-CA and 00-343O-CA. ". CONSIDERA nONS: These cases originated from two separate code enforcement procccdings against property owned by Varano. (CEB Case Nos. 94-005 and 97-029). After finding the existence of a violation in each case, the Code Enforcement Board entered an Order Imposing FinelLien, the recording of which imposed a lien against the violated property and all other real and personal property of Varano. After authorization of the Codc Enforcement Board and pursuant to ~ 162.09, Fla. Stat., the Office of County Attorney initiated two actions to foreclose the County code enforcement liens. -.. On June 24, 2003, the Board approved and executed a Settlement Agreement with Mr. Varano, a copy of which is attached hereto. The Settlement Agreement pctmitted Varano to sell thc Golden Gatc Estates property so long as the contract purchaser was required to abate the violations within sixty (60) days. When the violation was abated, the County was to receive $25,000.00, which funds were to be escrowed at the time of closing, and thereafter to release the Golden Gates Estates property from the code enforcement lien. In addition, Varano had 120 days from date of closing to abate the violation on the other property (Washington Avenue pan,.--cl). Once satisfactorily abated, Varano would pay the County another $25,000 and the County would relcase the second property from its code enforcement lien. Pursuant to the Settlement Agreement Varano did enter into a Purchase Agreement with Kelly Capolino for thc sale of the Golden Gate Estates parcel. The Settlement Agreement provided that the contract purchaser be requircd to remove "all debris and litter from the property and either (a) obtain a valid building pennit for completion of the structure or (b) obtain a demolition pennit and remove the structure." The Purchase Agreement incorporated this language and expressly required Ms. Capolino to abate the violation within sixty (60) days of closing. The parties closed on the Golden Gate Estates parcel on October 16,2003. To date Ms. Capolino has not abated the violation in accordance with the tcnns of the Settlement Agreement but proposes to obtain a demolition permit by July 27,2004, demolish the structure on or beforc September 14, 2004. and pay the County, upon inspection and a detennination of compliance by staff, $25,000 in accordance with the original Settlement Agreement Thereafter the lien would be released. Should Ms. Capelino fail to abate the violation by September 14. 2004, the County may proceed with the prosecution of its foreclosure action. A copy of a letter from Ms. Capolino's attorney memorializing her intent to demolish and enter into an agreement with the County is attached. - The other property (referred to in the Settlement Agreement as the Washington Avenue Parcel) is still owned by Mr. Varano. As of July 15, 2004, Mr. Varano has removed all exotics and all of the offending vehicles except two travel trailers from the property. Notwithstanding Mr. Varano's recent Agenda Item No. 12A July 27.2004 Page 1 of 13 ."., ,'"""'-',,,-- --...."..'''..'''''. efforts, he has failed to satisfactorily abate the violation in accordaoce with the tenus of the Settlement Agreement. Pursuant to Paragraph 10 of the Settlement Agreement, if the violations arc not abated within the time period set forth in the agreement or any of the conditions of the agreement arc not met, the County "may, at its option, terminate this agreement and continue to foreclose on these properties." Because the tenus of the Settlement Agreement have not been met, it is now appropriate for the Board to direct this office as to what action it wishes to take. This item was originally heard by the Board on June 22, 2004, at which time, after hearing from the Ms. Capolino's attorney and statT, the Board directed staff to return with a proposal regarding Ms. Capolino. No final detennination was made at that time as to the other property still owned by VardIlO. The alternatives for the Board arc as follows: 1. Accept the proposal by Capolino and proceed with foreclosure of the Washington A venue Parcel; OR 2. Accept the proposal by Capolino and grant Mr. Varano additional time to abate the violation on the Washington Avenue Parcel; OR 3. Reject the proposal by Capolino, tenninatc the Settlement Agreement and proceed with the prosecution of both foreclosure actions to final judgment. In the event that either property owner docs bring the property into compliance prior to final judgment the County may always consider a settlement with either property owner in lieu of acquiring the property through forced sale. Should the Board accept the proposal by Ms. Capolino, it should condition its approval upon a writtcn agreement being reviewed and approved by the Office of County Attorney, which not only memorializes the proposed terms but also incorpomtes all other tenus and conditions of the original Settlement Agreement with Varano, to the extent they are not inconsistent. GROWTH MANAGEMENT IMPACf: None. FISCAL IMPACf: Options I and 3 will result in additional litigation costs not likely to exceed $2,500.00. Option 2 results in no direct fiscal impact, but rather continues an agreement that, if perfonued. will result in $50,000.00 being paid to Collier County. RECOMMENDA nON: That the Board of County Commissioners seleet one of the foregoing options and direct the Office of County Attorney to proceed accordingly. ....--' 2 Agenda Item No. 12A July 27, 2004 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 12A Item Summary Direct desired action by the Office of County Attorney in two code enforcement lien foreclosure actions entitled Collier County v. Anthony J. Varano, Jr., Case Nos. 99-4226-CA and 00-3430-CA. Meeting Date 7/27/20049:00:00 AM Prepared By Jeffrey C. Clapper legal Assistant 7/15/20045:26:57 PM County Attorney County Attorney Office Approved By Michelle Edwards Arnold Code Enforcement Director Date Community Development & Environmental Services Code Enforcement 7/16/20048:37 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 7/16/200411:39 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 7/16/2004 11 :02 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 7/19/200411:46 AM Approved By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/19/200412:25 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 7/19/200412:56 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/19/20045:09 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/19/20045:20 PM Agenda Item No. 12A July 27, 2004 Page 3 of 13 01/11/04 01:28 PAl 8412118"2 ?_'I-o~1 ",e~;"~.T ao~l&. ~~p 01/1./04 1.:t. 'AI .tlI81..&1 ,a.e ... 'IT' ~oz .1-'1 .,oa Law 0ftbI of .. Eric J. Vasquez ti:J. v..p........ ~ It. Waod...... .....1.. ............ 0Ic...1 9.Aaa........ ~." ..... toO llbda....... ...... ..... 201 ~ fIDIf* 1410MfIM JIMu: (2U)"'" Pc ~Ja.Q July 15, 2004 '. MI. BlIa Cba4weJl Colli. Coaty~. Office 330J JMtT.m.ml Trial N.... P134U2 JlltJFa ~ to 139-261.1119 R.e: PzotM1Y Lee*, .3220 PifIIa AVCSWII NW. Delrw.. 0Y4weU: .. .. ~"fb1lcrwI au: CClII1n!PriOll from ~y '~""G. ad _"..-.. lcftfor)"Oll eIlticrtl:Jday. ~ WIt arvw ~&ty. Ma. ~ bu "-ow to .w-lU .. es:iftiDa stnIcta:re fortha..~~~. ~ lltatacl,.. ~ 1Mns, . aa.u1 tho dme 'Widda which to.... the ooc1o ~ by dn1o~B the 1tzadDIe_ IaDOYiDr e. debrit UD1t1 Septembc 14, 2004. 1 ~ dwt 1he Boll'll ofCaauty C.l'lMlllf-"'4Jl~ lIDcl1hc CoImO' A~. Offioe wmald liP an ~ wlthWa. c.polmo ICJW'~ and IJIC'lfraD die lIQI8IIDoIIIt&E hu aJl'OIdy hm Gaud by ~ 0NDIy _ Mr. Venna. lhavepmpend. draft of. p&vpoIIIcl ~ to be aigucL ~. aDd u I ItatId. in11I1 vofce man eutier1oday, Ma. c.poJiaD will Qat ntlIm to 1biI... m:Dil Sa1u:rdaY. JaJy 11. 2OD4. BefDn I em fQrwud tbe propONG apICQImt. I Deed to obtain Ma. CIpoliaa'. ~nl rsftH teaDl1bat I haYe draftecL ncnfDro, I wiIl 'be UMble fa {annrd a cJnft c1f~ apemaltllllti1 Mcmday. JuJ,y 19. TbillOUl:r do.. coa11Dn. ~I 1hat Ms. C~iD"',.,m~ 1Ams- aHempllo &bGc1bD violdoa oyiDea~ the ~.. ~ 011 tlae ptOf'RY iatD .Sl8W ~ A1tbGqh).fa. Capof"oft eDde&vonct to daDatilh 4le stncCuz'e ad reaICMllbe debrillJdbre lhc: nat BDIrrd ofCOUDt,1 ('~...... 11I1 rtiq .cb.olJ:ulod for 1uJy 27~ 2004,l1:1.;bu baD. unablo 10 find a ~ CCIIltrIIc!Dr to .~Ih tho tukby1b8t c!a:. ". -..,..- ~--.. Agenda Item No. 12A July 27.2004 Page 4 of 13 07/1V.OI\_D~~: \~ t .~.~t\\.'~~~\. \.I.a OT/l1/0. 11:C' .AI 1&1lt...C. .' . .. ..... ... .aTII IiIIU . AI . ..,~ )U, IDa CMdweU Iu\r 1 S, 2004 .,.. 2 '. P&cM. c.n 10 d:aat WI mq diIc:ua 1M ~ ~o ~ l.uu. A......_4.. drdofttw JlIV.POM'll qrICIIIeIIt DO law a.a ;y.1aJy 1'. 20~ ~ BJVIaxik DO. 1Ce1ly CapoIDao ~ o. '. yo ~....... III.r Agenda Item No. 12A July 27, 2004 Page 5 of 13 SETrLEME~ AGREEMENJ: TInS SETIl..EMENT AGREEMENT (" Agreen1cnt") is entered into aDd made on thio ~day of ~....-...L . . 2003, by~ between Colli.. County (the 'County") md Antho~ J. Varano, Jr. \Property OWner'), ~th respect to Case Nos. 99-4226-CA and 00. 343o:.cA. filed 1n the Circuit Court of Colijer County and originating from Code Enforcement , Ii Board Case NOlI. 94-005 and 97-029. (C(0)If?>1f C.# , ~ ~ WITN~SETH: j~ Q ~ ~ WHEREAS, the Coun.y has mcd twC? actions in the Circuit Court of C9!Ji~~.I- ' :x ro o~ I I C N cr- ease Nos. 99-4226-CA and 00-3430-CA, to foreclose the code enforc t liem crCited~.p, . ,. ("') -0 ~ C ::II:: . orders arising out of Code Enforcement Board Case Nos. 94-005 and 97-029; cd ~ ~ ~ I . en' c.n :;lJo n -Ul WHEREAS, an Order Imposing FincJLien was recorded on March Ii, 1998, in 'b'ffidil . . Record Book 2398, Page 893, et seq., in CEB Case No. 97-029, which created a lien on certain properties owned by the Property Owner in Co1Ucr County, Florida and described in Exhibit" A" to this Agreement; WHEREAS an Order Imposing FinelIJen Was recorded on February 6, 1995 in Official I Record Book 2028, Page 30, et seq,. arising out of CEB Case No. 94-005, which order created a , I lien on certain properties owned by the Prop,eity Owner in Collier County and dcacribcd in Exhibit "A" (~cheU hereto); WHEREAS. a Clerk's default was cnt~ against the Property Owner on June 23, 2000, in Case No. 99-4226-CA; and II WHEREAS the property owner has not abated l:I!e violation which is the subject of CEB Case No. 97-029; and II III ,... .... - Page 6 of 13 WHEREAS the Property Owner has not abated the violation which is the subject of CEB Case No. 94-005; and WHEREAS the Property Owner has asserted his financial inability to abate the violations on both properties; WHEREAS the lien created by the Order Imposing Fine/Lien in CEB Case No. 94-005 amounts to approximately $816,750 (accruing from January 9, 1995 to May 15, 2003) and continues to accrue at $250 per day until the violation is abated or a foreclosure judgment is entered; WHEREAS, the lien created by the Order Imposing Fine/Liens in CEB Case No. 97-029 amounts to approximately $477,000 (accruing from February 25, 1998 to May IS, 2003) and continues to accrue at $250 per day; \VHEREAS the County recognizes the unlikelihood of recovering the full amount of the liens by proceeding through foreclosure and desires to compromise the amount of the liens imposed against the Property Owner's properties in the interest of obtaining abatement of the violation; and \VHEREAS the parties to this Agreement recognize that it is in their best interest to compromise the lien and achieve abatement of the violation on both properties. NOW, THEREFORE, in consideration of the mutual covenants, promIses and consideration set forth in this Agreement, the sufficiency of which is hereby acknowledged by Parties and with the intent to be legally bound hereby, the County and the Property O\.\iller mutually agree as follows: 2 Agenda Item No. 12A July 27.2004 Page 7 of 13 1. The parties agree that the foregoing recitals are true and correct and said recitals are incorporated by reference into the terms of this Agreement. 2. Within thirty (30) days of the effective date of this Agreement, the Property Owner shall obtain a Contract for Sale for property described as the East 165 feet of Tract 116, Golden Gate Estates, Unit No.3, and identified by Folio No. 36716961009 (hereinafter "Golden Gate Parcel"), which Contract must incorporate those conditions set forth in Paragraph 3 below. The Property Owner will provide the County with a copy of the fully executed sales contract within this time period for its review. The contract shall provide for a closing date within seventy-five (75) days of execution of the contract. The Property Owner's inability to obtain and produce a binding contract for sale in accordance herewith will constitute the breach of a condition precedent to the remaining obligations of this Agreement, and the County shall have the option to terminate this Agreement and proceed with the foreclosure actions. 3. Any contract for sale of the Golden Gate Parcel must require the contract purchaser of the property to abate the existing violation within sixty (60) days. The contract purchaser shall be required to remove all debris and litter from the property and either (a) obtain a valid building permit for completion of the structure or (b) obtain demolition permit and remove structure. The Golden Gate Parcel will remain encumbered by the County's liens until such abatement is obtained. The failure to obtain a certificate of occupancy for the permitted structure constitutes a new violation which may be prosecuted against the contract purchaser. 4. The County agrees that upon satisfactory abatement of the violation on the property described in Paragraph 2, it will execute a Release of Lien as to that property in accordance with Paragraph 5 below. The County shall be notified of the abatement and given an opportunity to inspect the property to determine if the violation has been satisfactorily abated. 3 Agenda Item No. 12A July 27 I 2004 Page 8 of 13 - 5. At closing on the sale of the Golden Gate Parcel the sum of $25,000 shall be held In an interest-bearing escrow account for the benefit of Collier County. Upon County's determination that the violation has been abated, the Property Owner or its closing agent, shall disburse the $25,000, plus any accrued interest, to Collier County. Upon receipt of those funds the County shall execute a Release of Lien and Partial Release of Lis Pendens as to the Golden Gate Parcel and shall record the same within thirty (30) days thereof. 6. The Property Owner agrees that the proceeds from the sale, other than those funds to be escrowed as provided herein, shall be used to abate the violation existing on property located on Washington Avenue, more particularly identified Parcel No. 13, of Section 11, Township 49 South, Range 25 East, and identified by Folio No. 00250800005 (hereinafter "Washington A venue Parcel"). 7. The Property Owner shall have one hundred and twenty (120) days from closing on the Golden Gate Parcel to satisfactorily complete abatement of the violation on the Washington A venue Parcel. The County shall inspect the property after notice from the Property Owner of abatement and determine whether the violation has been corrected. After notice from the County to the Property Owner that the violation has been corrected to the satisfaction of the County, the Property Owner shall pay to the County the sum of$ 25,000. 8. Upon receipt of the sum of $25,000, the County shall release the Washington A venue Parcel and execute a satisfaction of the remaining code enforcement lien and shall dismiss both pending foreclosure actions with prejudice. 9. The parties agree that this Agreement supersedes and replaces all pnor Agreements and the understanding that it constitutes the entire Agreement between the Property Owner and the County and that there exists no other Agreements, oral or written, between them 4 Agenda Item No. 12A July 27,2004 Page 9 of 13 relating to any of the matters covered by this Agreement or any other matter whatsoever. In executing this Agreement, the Property Owner does not rely upon any inducements, promises, or representations, other than those expressed in this Agreement. 10. In the event that the violation on the Golden Gate Parcel is not abated by the contract purchaser within the sixty (60) days, or the Golden Gate Parcel fails to close, or the Property Owner fails to make any payment to the County as directed by this Agreement, or the Property Owner fails to abate the violation of the Washington A venue Parcel, or any of the conditions set forth in this Agreement are not met, the County may, at its option, terminate this Agreement and continue to foreclose on the Properties. The Parties acknowledge and agree that the entering into this Agreement shall in no way impair or compromise the validity or enforceability of the code enforcement liens currently pending against the properties. 11. The Property Owner acknowledges and agrees that it is ultimately his responsibility to ensure that the violation existing on the Golden Gate Parcel is corrected, and that any contract for sale must provide adequate provisions enabling the Property Owner to take action to correct the violation or recover possession and control of the property for the same purpose in the event the contract purchaser fails to correct the violation to the satisfaction of the County. In no event shall a conveyance of title to a third party or a failure or breach of contract obligations by a third party constitute an excuse to performance under this Agreement. 12. The Property Owner expressly agrees that the County may proceed to enforce these liens through the foreclosure in the event the Property Owner or the contract purchaser fails to comply with the provisions of this Agreement. The Property Owner agrees that if he fails to comply with the provisions of this Agreement or the contract purchaser identified in Paragraph 2 fails to abate the violation, and the County proceeds with its foreclosure actions, he shall be 5 Agenda Item No. 12A July 27, 2004 Page 10 of 13 deemed to have waived all defenses to the foreclosure actions other than the defense of payment. Under no conditions shall the County's acceptance of the $25,000 (plus interest) payment in accordance with Paragraph 5 of this Agreement be construed as satisfaction of the code enforcement liens but rather shall only entitle the Property Owner to a release of the Golden Gate Parcel from operation of the liens. 13. This Agreement has been entered into freely and voluntarily by the Property Owner after having been apprised of all relevant information concerning this Agreement and the consequences thereof and after having received advice from his legal counsel. Marc L. Shapiro. 14. The Property Owner acknowledges and agrees that the terms of this Agreement are subject to the approval of the Board of County Commissioners at a duly noticed public meeting of the Board and that the terms hereof shall not be binding on any party until formally accepted and approved by the Board of County Commissioners. 15. This Agreement shall be governed by the laws ofthe State of Florida. 16. The Parties agree that this Agreement may not be modified except by the mutual consent of the Parties and in writing, executed in the same formality as this Agreement. 17. Both parties to this Agreement have participated fully in the negotiation and preparation of this Agreement. Accordingly, this Agreement shall not be more strictly construed against either one of the parties hereto. 18. The parties agree and acknowledge that this Agreement is not intended to, nor shall it create any rights or obligations in any parties not signing this Agreement, nor shall this Agreement create any benefits in third parties, in particular, any contract vendee of the properties described herein. No party other than the undersigned shall have standing to enforce the terms of this Agreement. 6 Agenda Item No. 12A July 27.2004 Page 11 of 13 ., ~}.... - -- EXECUTIVE SUl\tIMARY RECOMl\tIENDA TION FOR THE BOARD OF COUNTY COMMISSIONERS AS THE EX-OFFICIO GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT TO AUTHORIZE AND RATIFY A LAWSUIT AGAINST UNITED ENGL.~EERING CORPORATION AND UNITED ENGINEERING CORPORATION'S SURETY, NATIONAL UNION FIRE INSURANCE CO., FOR LIQUIDATED DA1,"-GES AND CONSEQUENTIAL DAMAGES ARISING FROM MATERIAL BREACHES BY UNITED ENGINEERING CORPORATION IN PERFORMING THE CONTRACT FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD RO EXPANSION (CONTRACTIBID NO. 01-3194). OBJECTIVE: For the Board of County Commissioners as the ex-officio governing body of the Collier County Water-Sewer District (sometimes referred to herein as the "Board") to auth01;ze and ratify a lawsuit against United Engineering Corporation (UEC) and UEC's Surety, National Union Fire Insurance Co., for liquidated damages and consequential damages arising from material breaches by UEC in performing the contract for the South County Regional Water Treatment Plant 8-MGD RO Expansion (Contract/Bid No. 01-3194). CONSIDERATIONS: On or about July 14, 2004, the Offlce of the County Attorney, as advocate for the Board, filed a breach of contract action against UEC and its surety for __ unspecified amounts of liquidated damages and consequential damages arising from mateIial breaches committed by UEC in connection with UEe's contractual obligations for the construction of the 8-MGD RO Expansion of the South County Regional Water Treatment Plant. The lawsuit was commenced in the Board's absence to protect the interests of the County and the County Water-Sewer District. FISCAL L.'1PACT: The original contract price was $24.854,350.00. The ultimate fiscal impact of the lawsuit is unknown. GROWTH MANAGEMENT IMPACT: The construction project is needed to meet future potable water demands. There is no growth management impact associated with this Executive Summary, however. RECOMMENDATION: It is recommended that the Board, as the ex-officio governing body of the Collier County Water-Sewer District, authoriz.e and ratify a lawsuit against UEC and its surety, National Union Fire Insurance Co., and direct the Office of the County Attorney and the Carlton Fields law fitm to proceed with prosecution of the lawsuit. -- Agenda Item No. 128 July 27. 2004 Page 1 of 2 Item Number Item Summary Meeti n9 Date Approved By Michael Pettit County Attorney COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 12B Recommendation for the Board of County Commissioners as the Ex-Officio Governing Body of the Collier County Water-Sewer District to Authorize and Ratify a Lawsuit Against United Engineering Corporation and United Engineering Corporation's Surety, National Union Fire Insurance Co., for Liquidated Damages and Consequential Damages Arising from Material Breaches by United Engineering Corporation in Performing the Contract for the South County Regional Water Treatment Plant 8-MGD RO Expansion (Contract! Bid No. 01-3194). 7/27/20049:00:00 AM Chief Assistant County Attorney Date County Attorney Office 7/20/20047:22 AM Approved By David C. Weigel County Attorney County Attorney Date County Attorney Office 7/20/20049:03 AM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/20/20049:17 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/20/20049:44 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/20/2004 1 :57 PM Agenda Item No. 128 July 27.2004 Page 2 of 2 EXECU'l'IVE SUMMARY RECOMMEND 'l'HA'l' 'l'HE BOARD OF CO"UN'l'Y COMMISSIONERS SERVE AS 'l'HE LOCAL COORDINA'l'ING UNI'l' OF GOVERNMENT IN 'l'HE FLORIDA DEPARTMEN'l' OF LAW ENFORCEMENT'S EDWARD BYRNE MEMORIAL S'l'A'l'E AND LOCAL LAW ENFORCEMENT ASSIS'l'ANCE FORMULA GRANT, APPROVE 'l'HE SHERIFF'S OFFICE GRANT APPLICA'l'ION, AU'l'HORIZE ACCEP'l'ANCE OF 'l'HE GRANT AWARD, AND APPROVE ASSOCIA'l'ED BUDGE'l' AMENDMENTS. OBJEC'l'IVE: To seek appointment of the Board of County Commissioners (BCC) as the coordinating unit for local application for the Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant, approve the Sheriff's Office grant application, authorize acceptance of the award, and approve associated budget amendments for a grant program to improve the Florida Department of Law Enforcement (FDLE) Alcohol Testing Program in the 20~ Judicial Circuit. CONSIDERA'l'ION: 1. The BCC has participated in the Edward Byrne Grant program for fifteen years. 2. Collier County programs have proven to be valuable projects. 3. The Florida Department of Law Enforcement has allocated $70,593.75 to Collier County to purchase and distribute Intoxilyzer 8000s and printers for a program to improve the FDLE Alcohol Testing Program in the 20~ Judicial Circuit. 4. The Sheriff's Office will seek this funding as the appointed lead agency to purchase and distribute the intoxilyzers and printers in the 20th Judicial Circuit. As required by Chapter 11D8 of the Florida Administrative Code the FDLE approved instrument is the Intoxilyzer 8000. This instrument in only available for purchase from CMI, Inc., as they are the sole manufacturer. 5. BCC approval is needed for: the BCC to continue in the capacity of local coordinator, the Sheriff's Office grant application for the FDLE Alcohol Testing Program in the 20th Judicial Circuit, to authorize acceptance of the award, and associated budget amendments. FISCAL IMPAC'l': None. $70,593.75 (75%) of funds provided from the Byrne Grant and the $23,531.25 (25%) match funds are provided from the Florida Department of Law Enforcement. GROWTH MANAGEMENT: No recurring costs for subsequent years. RECOMMENDA'l'ION: That the BCC agrees to be the local coordinating unit of government and authorizes the Board Chairman to execute the grant application documents, authorize acceptance of the grant award, and approve associated budget amendments. ~, ""' PREPARED BY: APPROVED BY: It t\ DJ).v I-~- N~~l 27 ~ " Pg. --d Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Please read instructions before completing this application. . The term "Department", unless otherwise stated, refers to the Department of Law Enforcement. . The term "OCJG" refers to the Office of Criminal Justice Grants. . The term "subgrant recipient" or "subgrantee" refers to the governing body of a city, county, state agency, or an Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary of the Interior. . The term "implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). It may also be an entity eligible to be a subgrantee (ex. City of Live Oak) . Instructions are incorporated in this document by reference. A. Subgrant Data 1. This section to be completed by Subgrantee 2. This section to be completed b OCJG Continuation of Previous Subgrant? 0 Yes X No Project ID # I Program Area #: CFDA #: 16.579 If Yes, enter CJ Contract # of Previous Subgrant 2002- 22 SFY 2003 CJ Contract # SFY 2005 CJ Contract # 2003- CJ - - - - - - - - - - 2005 - CJ - - - - - - - - , - B. Applicant Information 1. Subgrant Recipient (Subgrantee) Name of Subgrant Recipient (Unit of Government): Collier County Commission County Collier Name of Chief Elected Official/State Agency Head: Donna Fiala Title: Chairman, Collier County Commissions Address: 3301 Tamiami Trail East, Building F Area Code / Phone # 239-774-8393 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUN COM # 239-77 4-8393 E-mail Address: Donna Fiala@colliergov.net Area Code / Fax # 239-774-3602 2. Chief Financial Officer of Subarant Recipient (Subarantee) Name of Chief Financial Officer: James Mitchell County Collier Title: Finance Director, Deputy Clerk Address: 3301 Tamiami Trail East, Court Plaza 111/2 Area Code / Phone # 239-774-8404 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM # 239- 77 4-8404 E-mail Address: Jim Mitchell@colliergov.net Area Code / Fax # 239-774-6179 3. Implementing Agency Name of Implementing Agency: Collier County Sheriff's Office County Name of Chief Executive Official/State Agency Head / Subgrantee representative Collier (if a subordinate agency of the subgrant recipient): Title: Sheriff Address: 3301 Tamiami Trail East, Building J Area Code / Phone # 239-774-4434 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM # 2390774-4434 E-mail Address: sheriff@colliersheriff.org Area Code / Fax # 239-774-5735 FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section /I - Page 1 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram 4. Project Director Name of Project Director: Harold J. Minch County (Implementing Agency Employee) Collier Title: Lieutenant (STEB Unit) Address: 3301 Tamiami Trail East, Building J Area Code / Phone # 239-793-9513 SUNCOM # City, County, State, Zip Code: Naples, Collier, Florida 34112 239-793-9513 E-mail Address: N/A Area Code / Fax # 239-793-9189 5. Contact Person Name of Contact Person: Joyce Houran County (if other than Project Director) Collier Title: Grant Coordinator Address: 3301 Tamiami Trail East, Building J,l Area Code / Phone # 239-793-9346 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM # 239-793-9346 E-mail Address: arants@colliersheriff.org Area Code / Fax # 239-793-9450 6. Person Responsible For Financial Reporting (if known) Name: Joyce Houran County Collier Title: Grant Coordinator Address: 3301 Tamiami Trail East, Building J-1 Area Code / Phone # 239-793-9346 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM # 239-793-9346 E-mail Address: grants@colliersheriff.org Area Code / Fax # 239-793-9450 7. Person Responsible For Programmatic Performance Reporting (if known) Name: Joyce Houran County Collier Title: Grant Coordinator Address: 3301 Tamiami Trail East, Building J-1 Area Code / Phone # 239-793-9346 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM # 239-793-9346 E-mail Address: grants@colliersheriff.org Area Code / Fax # 239-793-9405 8. Service Provider Contact Person Name: N/A County Title: Address: Area Code / Phone # City, County, State, Zip Code: SUNCOM # E-mail Address: Area Code / Fax # FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application SectIon II - Page 2 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program c. Administrative Data 1. Project Title: Intoxilyzer 8000 - Phase 2 - Circuit ~ 2. Identify the year of the project (1, 2, 3, etc.) 1 3. Project period I Start: 09/01/04 I End: 12/31/04 D. Fiscal Data Remit Warrant to: (This may only be either the individual listed in 82 (Subgrantee CFO) or a designee in their office. If 82 is selected, do not reenter the contact information. This is only needed for desianee. 82 X OR DESIGNEE Name: Title: Address: City, State, Zip Phone Number: 2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer oroaram? (Reimbursement cannot be remitted to any entity other than the subgrantee.) Yes NoX 3. Frequency of Fiscal Reporting: Monthly~ Quarterly _ 4. Subgrant Recipient FEID #: 59- 6000-558 5. State Agency SAMAS #: N/A 6. Project Generated Income (PGI): Will the project earn PGI? (See Section G, Item 9.) Yes - N01 7. Cash Advance: Will you request an advance? Yes_ Amount No L- If yes, a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. Amount requested must be justified and accepted by FDLE. FDLE Byrne Formula Grant ApplicatIon Package Intox/lyzer 8000 - Phase I Grant Application Section II - Page 3 OCJG - 005 (rev. 03/01/04) Rule 110.9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program E. Project Narrative 1. Problem Identification: Briefly describe the specific problem to be addressed with subgrant funds in terms of Problem Description, Problem Significance and Needs Assessment. The Florida Department of Law Enforcement (FDLE) has statutory authority to approve methods of analysis for breath alcohol testing for use in investigations involving driving under the influence (Florida Statute 316). commercial motor vehicles (Florida Statute 322) and boating under the influence (Florida Statute 327). Specifically. the Alcohol Testing Program has the authority to approve breath test instrumentation for evidentiary use within Florida. The breath test instrumentation currently being used in Florida is approaching fourteen (14) years in age and is fast becoming obsolete. There is newer technology available which would provide a better-suited evidentiary breath test instrument to all criminal justice agencies for the purposes of facilitating a breath alcohol test. The new instrument that has been approved by the FDLE Alcohol Testing Program is the Intoxilyzer 8000 (See Chapter 11 D-8. Florida Administrative Code). The use of the Intoxilyzer 8000 will bring the breath alcohol testing methodology and instrumentation used within the state to the forefront of technology. At a minimum, the new instrumentation will offer the ability to measure the alcohol concentration of a person's breath specifically for alcohol, it will offer a "mobile" breath test for use by criminal justice agencies involved in boating under the influence investigations. and it will allow a networking capability, through the use of computers, so the Alcohol Testing Program may better monitor each instrument individually and maintain statistics necessary to successfully evaluate breath alcohol testing within the state. Some of the breath test instrumentation currently being used (Intoxilyzer 5000) in Florida is approaching fourteen (14) years of age. Over 60% of the breath test instruments being used are over 11 years in age. Within the next couple of years, the manufacturer of the current breath test instrumentation may cease production of parts necessary to repair these instruments and they will no longer be available for use. Currently. there are two "types" of Intoxilyzer 5000 instruments and three "types" of software used in the breath test instrumentation. Use of the Intoxilyzer 8000 would bring statewide consistency to breath alcohol testing and have available one type of instrument and one type of software. The Intoxilyzer 8000 will provide the criminal justice agencies in Florida with breath test instrumentation that is of the most advanced technology and of the highest scientific reliability. FDLE Byrne Formula Grant Application Package Intoxflyzer 8000 - Phase I Grant Application SectIon /I - Page 4 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Improved instrumentation will offer the following: . The ability to specifically quantitate alcohol; . A "mobile" evidentiary breath test for use by criminal justice agencies involved in boating under the influence investigations or in DUI checkpoints; . Networking capability so that the Alcohol Testing Program can begin maintaining statistics necessary to successfully evaluate breath alcohol testing in the State. Such information will be loaded into a central database at FDLE. This will allow FDLE to determine the number of breath tests performed and the average breath test result in Florida. This information will facilitate Alcohol Testing Program planning and provide information for policy makers at the state, county or agency level. FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section" - Page 5 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2. Project Description: Briefly describe proposed project activities. This section should address the basic points of who. what, when, where, and how. It is the goal of the Alcohol Testing Program to bring the breath alcohol testing methodology and instrumentation used within the state to the forefront of technology. At a minimum, the new instrumentation will offer the ability to measure the alcohol concentration of a person's breath specifically for alcohol. The instrumentation will offer a "mobile" breath test for use by criminal justice agencies involved in boating under the influence investigations as well as allowing a networking capability through the use of computers. This capability will allow the Alcohol Testing Program to better monitor each instrument individually and maintain statistics necessary to successfully evaluate breath alcohol testing within the state. Information will be loaded into a central database at FDLE. which will provide extensive networking capability throughout the state. Information including, but not limited to, the subject, the case, the number of breath tests a particular agency performs within a given period, and the breath alcohol result can be obtained from the database. This will allow FDLE to determine the number of breath tests performed and the average breath test result in Florida. This information will facilitate Alcohol Testing Program planning and provide information for policy makers at the state, county or agency level. The Collier County Sheriff's Office will purchase and distribute 15 of Intoxilyzer 8000 and 12 of Printers. which will be used to print data obtained by the Intoxilyzer 8000. Distribution of the equipment will be as follows: Aaency Number of Intoxilyzer 8000s Number of Printers 20th Circuit Lee County: Lee County Sheriff's Office Cape Coral Police Department Ft. Myers Police Department Sanibel Police Department 2 1 1 1 1 1 1 1 Collier County: Collier County Sheriff's Office 4 4 Charlotte County: Charlotte County Sheriff's Office 2 1 FDtE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section II - Page 6 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Hendry County: Hendry County Sheriff's Office Clewiston Police Department 1 1 1 1 Glades County: Glades County Sheriff's Office 2 1 TOTAL Numbers 15 12 FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section " - Page 7 OCJG - 005 (rev. 03/01/04) Aule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Program Objectives and Performance Measures: a. The Objectives and Measures for this program have been pre-established. b. You will need to include the numerical accomplishments for the measures. Enter the total number for the grant period in column 3. For example, if 5 instruments will be purchased, enter 5 in column 3. a. List the number and title of the Program Area to be addressed. 22 (#) DUI Enforcement and Prosecution (Title) b. Uniform Obiectives: Enter the total number for the grant period in column 3. For example. if instruments will be purchased, enter 5 in column 3. 022 - DUI Enforcement and Prosecution Purchase a specified number of evidentiary breath test instruments. 022.06 Part 1 - During this reporting period, how many evidentiary breath test 15 instruments did you purchase? Purchase a specified number of computer I printer / software packages. 022.07 Part 1 - During this reporting period, how many computer I printer / software 12 oackaoes did vou ourchase? Distribute a specified number of evidentiary breath test instruments to criminal justice breath test facilities in Florida. 022.08 Part 1 - During this reporting period. how many evidentiary breath test 15 instruments did you distribute? List the number by location in the narrative portion of the report. Distribute a specified number of computer I printer I software packages to criminal justice breath test facilities in Florida. 022.09 Part 1 - During this reporting period, how many computer / printer / software 12 packages did you distribute? List the number by location in the narrative portion of the report. FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section II - Page 8 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Activitv Imolementation Schedule. Complete the Activity Implementation Schedule showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An "X" has been inserted for reports with mandatory due dates for all projects. Place an additional "X" to indicate times applicable to your project, as illustrated for quarterly program reports. Make a detailed listing of key activities under the heading "Programmatic Activities." Your Quarterlv Performance Reports will be reviewed aqainst this schedule. Subgrant Period (Beainning Date - Ending Date) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar ADr Mav Jun Jul Aua SeD Submit Financial Reimbursement Requests Submit Financial Closeout Package X Submit Quarterly Program Reports X X Submit Quarterly PGI Reports- N/A Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Description ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Order Intoxilyzer 8000 instrument(s) X Order printer(s) X Receive Intoxilyzer 8000 instrument(s) X Receive printer(s) X Distribute Intoxilyzer(s) X Distribute printer(s) X i FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section II - Page 9 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program F. Proiect Budaet 1. Budaet Schedule a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Only Expense or Operating Capital Outlay may be used for this program. b. Enter the amount of federal, matching. and total funds by budget category that you will use to support project activities. Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank. Total Match must be 25 percent of the Total Budget. c. Show all figures rounded to the next highest dollar; do not include cents. (Example $4,505.25 as $4,506). Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Salaries And $0 $0 $0 Benefits Contractual $0 $0 $0 Services Expenses $3,375 $1,125 $4,500 Operating Capital $67,218 $22,407 $89,625 Outlay Indirect Costs $0 $0 $0 Totals $70,593 $23,532 $94,125 FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section II - Page 10 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram 2. Bud et Narrative a. The Project Budget Narrative may reflect costs in only the two appropriate budget categories (Expenses or Operating Capital Outlay (OCO)). The Total Project Costs should be included. b. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. Continue on additional a es if necessa . Please respond to the following five items before providing the details of the Budget Narrative. 1. Source of match must be cash and represent no less than 25% of the project's cost. a. Identify your specific source(s) of matching funds. Match will be provided by the Florida Department of Law Enforcement. b. Is match available at the start of the grant period? Yes. 2. If Salaries and Benefits are included in the budget as Actual Costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the initial year? N/A No: Yes: If no. please explain. If yes. please list number and title of position and type of benefits. 3. Indicate the OCO threshold established by the subgrantee. $ 750.00 4. If Indirect Cost is included in your budget please indicate the basis for the plan (e.g. percent of salaries and benefits). and provide documentation of the appropriate approval of this plan. N/A FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section" - Page 11 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 5. If the budget includes services based on unit costs, be sure to provide a definition and cost for each service as part of the budget narrative for contractual services. Provide the following information. a. What is the basis for the unit costs? Bid for equipment obtained by FDLE on behalf of applicant. Provider will be CMI, INC. . Unit cost is $5975 for the following package of equipment. Each package includes: eMI Intoxilyzer 8000 (#002480FL); internal printer; modem; badge reader; mobile gas delivery system; Scott V.08 gas cylinder; 3 rolls of printer paper; 100 mouthpieces; and a two year limited factory warranty. . Unit cost for each external printer is $375. b. How recently was the basis established or updated? February 2004 Salaries and Benefits: None Contractual Services: None Exoenses: 12 external printers @ $375/printer = $ 4.500 Ooeratina Caoital Outlav lOCO): 15 Intoxilyzer 8000 packages @ $5.975/ package = .$89.625 Indirect Costs: None TOTAL BUDGET: $94.125 FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section II - Page 12 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program G. Conditions of Acceptance and Agreement Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 16 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice. Office of Justice Programs (OJP) Financial Guide and Byrne Program Guidance Document as well as Florida laws and regulations including the Florida Administrative Code Chapter 110-9. Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide. U.S. Department of Justice Common Rule for State And Local Governments and federal OMS Circular A-8?, "Cost Principles for State~ Local and Indian Tribal Governments", or OMS Circular A-21, "Cost Principles for Educational Institutions ". b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMS Circular A-11 0 and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports (1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to OCJG by February 1 , May 1 , August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 16 of Section G, performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial Claim Report to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". (2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim Report Forms prescribed and provided by the Office of Criminal Justice Grants. A subgrant recipient shall submit either monthly or quarterly claims in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. Rule 110-9.006 Intoxflyzer 8000 - Phase I Grant Application Section /I - Page 13 OCJG - 005 (rev. 03/01/04) FDLE Byrne Formula Grant Application Package Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (4) Before the "final" claim will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by OCJG. b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-8?, and A-110, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181 (16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department justifying the need for such funds. This request, including the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period. 8. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds. 9. Travel and Training a. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the Department prior to commencement of actual travel. Subgrant recipients shall obtain written approval from the Department for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. Subgrant recipients shall obtain written approval from the Department for reimbursement of travel costs for field trips that were not listed in the approved project description and budget. b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section /I - Page 14 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMS Circular A-110. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMS Circular A-11 O. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Audit a. Subgrant recipients that expend $300,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMS Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. FDLE Byrne Formula Grant Application Package Intoxilyzer 8000 - Phase I Grant Application Section II - Page 15 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 16. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 17. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to OCJG, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re,obJigate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. 18. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or FDLE Byrne Formula Grant Applfcatlon Package Intoxllyzer 8000 - Phase I Grant Application Section /I - Page 16 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 19. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, Le., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of FDtE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application SectIon II - Page 17 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign Section I. Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has authority to submit requests for approval of specific travel, Financial and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section II - Page 18 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non- Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section II - Page 19 OCJG - 005 (rev. 03/01/04) Rule 11 D-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram b. The subgrant recipient and a the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101- 336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 OO-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section II - Page 20 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement. Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbving Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 38 of Section G, Conditions of Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. "Pay -to-Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 41. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section 11- Page 21 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program this condition, which provides for individual site environmental assessmenVimpact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 1. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that ant residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and 9. Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section 11 - Page 22 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEE CERTIFICA TION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . . (Select one of the following): -LMeets Act Criteria _Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria. it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient. . . (Select one of the following): -X-Has a Current EEO Plan _Does Not Have a Current EEO Plan X Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate. implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature of Subgrantee Authorized Official Type Name: Donna Fiala Title: Chairman. Collier County Commission Subgrant Recipient: Collier County Commission Date:Julv 27.2004 . . ", .. .. I", .,', '" ...'..1.' ; ;" ',,'.\ ,I,.pp1'OV\}ll a.~ ta It.1;'h! ..., . ',P,,',., ,1, .,..... ~, ~~~- A.Ie18taDt County A.ttorn., FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section II - Page 23 OCJG - 005 (rev. 03/01/04) Rule 11 D-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram IMPLEMENTING AGENCY CERTIFICA TION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that this Implementing Agency. . . (Select one of the following): X Meets Act Criteria _Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency. . . (Select one of the following): X Has a Current EEO Plan _Does Not Have a Current EEO Plan X Is Included in the EEO Plan of the Subgrant Recipient. X Has included a copy of the current approval letter from the US DOJ I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, fe erallaw requires it to formulate, implement, and maintain such a Plan within 120 days after a s gr icatio or I 5 istan is approved or face loss of federal funds. Type Name: Don Hunter Name of Subgrant Recipient: Collier County Commission Name of Implementing Agency: Collier County Sheriff's Office Title: Sheriff Date: July 27.2004 FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section 11- Page 24 OCJG - 005 (rev. 03101/04) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program H. SI In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, Including Strikeovers. whlteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: Typed Name and Title: Clavton H. Wilder. Community Program Administrator Date: Subgrant Reclp'e.,t Authorizing OffIcial of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant Recipient: Collier County Commission Signature: Typed Name and Title: Donna Fiala. Chairman. Collier County Commission Date: Julv 27.2004 Implementing Agency Official, Administrator or Designated Representative Signatur~: '''-----~ Typed Name an<t' Date: Julv 20. 2004 .A'!l~.rf>~'"'''l '" '0 ~,;;;j1"L"~~"! .- ...- r,:..:.<t"..'" ;..' .'-' ~ J . ~ i..l,,.-,.,....,,.p. "+' ,~~t.e.ll~t ,;f./U:(,4Y ...'".,....,../ FDLE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase I Grant Application Section II - Page 25 OCJG - 005 (rev. 03/01/04) Rule 110-9.006 .-' EXECUTIVE SUl\'IMAR Y Recommendation to approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Pr02ram, at a cost not to exceed $11,600 (Avatar). OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchasc (Agreement) between the Board of County Commissioners (Board) and Avatar Properties, Inc. CONSIDERA nONS: On January 27, 2004, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List. with changes. and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Avatar Properties. Inc. parcel, as referred to on the Acquisition List, contains 1.14 acres and is located within Golden Gate Estates, Unit 53. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $10,700 was based upon one independent. state- ccrti fled general real estate appraiser. The attached Agreement for Sale and Purchase provides that should the County elect not to close this transaction for any reason, except for default by Avatar Properties, Inc., the County will pay A vatar Properties, Inc. $107 as liquidated damages. - The CCLAAC approved this transaction on July 12, 2004 and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section 13(8). a Project Design Report for the property is provided herewith. The Agreement has been revicwed and approved by the County Attorney's Office and Environmental Serviccs Department. FISCAL IMPACT: The total cost of acquisition will not exceed $11,600 ($10,700 for the property, $250 for appraisals, $250 for the Environmental Task Audit I, and approximately $400 for titlc commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of July 12, 2004 property costs for Conservation Collier properties under contract, including this property, total $23,927,200. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. RECOMMENDATION: Staff is recommending the Board of County Commissioners: - 1. Approve the attached Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office; and Agenda Item No. 16a1 July 27.2004 Page 1 of 14 EXECUTIVESU~~ARY Conservation Collier - Agreement for Sale and Purchase - Avatar Properties, Inc. Page 2 "....-.. 2. Auth01ize Chairman Fiala to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 3. Authorize staff to prepare related vouchers and Warrants for payment~ and 4. Direct staff to proceed to acquire the property, to follow all appropriate closing procedures, and to record the deed and any and all necessary documents to obtain clear title to the property. Agenda Item No. 16a1 July 27 I 2004 Page 2 of 14 Conservation Collier Land Acquisition Program Project Design Report Date: June 22, 2004 Conservation Collier North Golden Gate Estates Unit 53 Location Map I CREW Trusllands 45TH ",,1: NE SHADY HOL~OW 8~VD E AVE NW 41ST "VE NE 39TH AVE NW 391H "ve Ne A vatar Properties, Inc. - 1.14 acres Note: mark cOlltaills 2 properlies z ~ o '" ~ z: m JHHAve NW J5TH AVE NW ~ (II o z CD ~ 3JRD AVE NW ~ " z c '" ... z: :< ~ '" .... ~ en ... z (II ... z: ~ ~ (II ... 25TH AV NW 25TH AV NE ~EE RD 24TH "VE NW 24TH AV~ NE 24TH AVE NE Propertv Owner: Avatar Properties, Inc. Folio(s): 39492320000 Location: Nonh Goldcn Gatc Estatcs Unit 53, W 75FT of E 150FT of Tract 26 Size: 1.14 acres Appr~aVOffer Amount: $10,700 Historv of Proiect: ,- Received Selected for Ihe Approved for Purchase offcr Offcr Accepted application ~A" calcgory. #1 purchase by BCC madc 10 owncrs priority, on Ihe Activc Acquisition Lisl by CCLAAC 8/6/03 12/15/03 1/27/04 4/19/04 It.:un Nn 16a1 July 27, 2004 Page 3 of 14 Purpose of Proiect: Conservation Collier Pro2ram Oualifications: This is one of a numbcr of parcels approvcd for acquisition that arc part of a largcr, multi-parcel, multi- owner project known as the North Golden Gate Estates (NGGE) Unit 53 Project. These parcels wcre considcred in context of thc whole project. Thc following identifies the ecological value, significance for watcr rcsourccs, human values and aesthetics, vulnerability to development and management potential for this project. Nativc habitat present ovcr the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re-growth over an historic fann field. Although the unit has been plattcd for development, at present there are no homes, streets are unpaved and there is no electric service. A search of county records, updated at the time of this writing. shows no construction pcmlits other than one for a fence have been issued or under review. Soils. hydrology and extant plant species indicate that the entire unit is a seasonal wetland, with surface watcr prcsem during rainy season and moist conditions existing during dry season (excepting drought conditions when water tables may receded lower). The area contributes moderately to Lower Tamianli aquifcr rechargc (7-14 inches per year) and wetland dependant bird species were obscrved on site. A native terrestrial orchid species state listed as Threatened, Wild Coco (Eulopllia alta) and a fern species, Royal fern (()smullda regali.\) listed by the state as Commercially cxploitcd werc observed in abundance. No listed wildlife species were observed. however, the entire unit is considered part of Primary Zone panther habitat by thc U.S. fish and Wildlife Conservation Commission and Black bear arc known to inhabit adjoining public lands. This entire area is connected with South Florida Water Management District (SFWMD) lands which are known as thc Corkscrew Regional Ecosystcm Watcrshed, separated into CREW Trust conservation lands and thc Audubon Corkscrcw Sanctuary. Acquisition of NGGE Unit 53 would cnhancc, protect, buffcr both arca<; and and provide access to CREW Trust lands. In regards to human values and aesthetics, conservation of this area would offer multiple opportunities for land-ba'ied natural resource recreation including potential for hunting if enough parcels can be acquired. As to vulnerability. this area is zoned for single-family residences and although none have been built to date, pennits could bc pulled at any time. In rcgards to management, once a group of contiguous parcels can be acquircd, thcre is potcntial for a management partnership with the ncighboring CREW TruSt. Management would primarily consist of exotic removal and maintenance of existing unpaved roads to provide access to CREW trails. Expansion of trails into tllese lands is contemplated over time. See tlle Initial Criteria Screening Report lor full critcria evaluation. Proiected Manaeement Activities: Removal of exotic plants, construction of trails, parking and placemcnt of fencing and signage are projected management activities, but these would nOl be done until more contiguous properties are acquired. ,-" Agenda Item No. 16a1 July 27,2004 Page 4 of 14 - Item Number hem Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16Al Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program. at a cost not to exceed $11,600(Avatar Properties. Inc), 7127/2004 9:00:00 AM Senior Property Acquisition Specialist 7/2120043:28:15 PM Prepared By Cindy M. Erb Administrative Services Facilities Managemenl Approved By Administrative Assistant Date Pat Lehnhard County Manager's otflce Office of Management & Budget 7/131200410:43 AM Mark Isackson Budget Analyst Date Approved By County Manager's otflce Office of Management & Budget 7113120041:25 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's otflce Office of Management & Budget 7/1412004 2:22 PM James V. Mudd County Manager Date Approved By Board of County Commissioners County Manager"s Office 7/t4l2004 4:48 PM Apprond By Date Sandra Lea Community Dcvolopment & Environmental Sttrvlces Executive Secretary Community Development & Environmental SaNiess Admin. 7/2120044:06 PM Date Approved By Charles E. Carrington. Jr.. SRI WA Administrative Services Real Estate Services Manager Facilities Management 7/612004 10:04 AM Environmental Services Diroctor Date Approved By William O. Lo....nz. Jr.. P.E. Community Development & Environmontal Services Environmental Services 7161200412:31 PM Facilities Management Director Date Approved By Skip Camp, C.F,M. Administrative Services Facllltlos Management 7/712004 8:45 AM Appro.-ed By Senior Environmental Specialist Date Alexandra J. Suleckl Community Cevelopment & Environmental Services Environmental Services 7/812004 9:08 AM Constance A. Johnson Date Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 7/91200.4 11 :30 AM Approved By Joseph K. Schmitt Community C~vclopment & Environmental Servicos Community Oevolopment & Environmental Serviccs Admlnstrator Date Community Development & Environmental Services Admin. 7/9120042:23 PM Agenda Item No. 16a1 July 27. 2004 Page 5 of 14 . ~ONSERVATION COLLIER Tax Identification Number: 39492320000 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between AVATAR PROPERTIES, INC., a Florida corporation. whose address is 201 Alhambra Circle. 12th Floor, Coral Gables, FL 33134-5107. (hereinafter referred to as .Seller"), and COLUER COUNTY, a political subdivision of the State of Florida. its successors and assigns, whose address is 3301 Tamiami Trail East. Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Ten Thousand Seven Hundred Dollars ($10,700.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser but not later than October 30, 2004, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments dUIY~ executed and acknowledged, in recordable form: ~ Sial r-ff-1 3.(ITf 1 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien tor current taxes and assessments. 3.0112 Combined Purchaser-Seller closing statement. 1 (b) Such other easements, restrictions or conditions of nAgenda Item No. 16a 1 July 27. 2004 P~f 14 CONSERVATION COLLIER Tn Identifle.'lon Number: 39492320000 3.0113 A "Gap." Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identificalion and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller. at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01. Florida Statutes, and the cost of recording any instruments necessary to clea~ Seller's title to the Property. The cost of the Owner's Form B Title Policy, issue pursuant to the Commitment provided for in Section 4.011 below, shall be paid b Purchaser. The cost of the title commitment shall also be paid by Purchaser. fifJ SPec' 1 3.03 Purchaser shall pay for the cost of recording tne Warranty Deed. Re Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. It Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS c_ 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller. as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days. following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any. which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to D terminate this Agreement. ~ 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in 'p!.der 1P_c~ve ~ 1 good and marketable title, except for liens or monetary oblig~fW\Mti I a be satisfied at Closing. Seller, at its sole expense. shall use its ~ effo ~ 04 2 reasonabJPage of 14 .1# CONSERVATION COLLIER Tax IdenUncatlon Number: 39492320000 make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of c# termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. U1:K ro c:im.rrst:zrns will th:! faiJllre of th:! Siilla:' to aJIP. an; ti~ cWa:t:s to D re a:nsitHI:d a cMaJlt t:y ~ tnM" this PqtH'I,f'ttt. 'Ire &J.lel:' stBll rot re D"q..1ixm to I(H"d fflj 1\.rdl to aJre fflj :itle cP.ncts. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish @ any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 2. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period. it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of sUlveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible for any loss or damages occasioned thereby. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2003 taxes, and shall be paid by Seller. 3 Agenda Item No. 16a1 July 27, 2004 fijOf14 CONSERVATION COllIER Tax identification Number: 39492320000 IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser. whereupon ~ percent (1 %) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties. and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller. at law. equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. Agenda Item No. 16a1 July 27,2004 Page 9 of 14 . CONSERVATION COuaER Tax Identification Number. 39492320000 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property ~ or potential of ground water contamination from neighboring properties. Seller ~ represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. All a. tre ato.e ~~ltatiors stelll:P. to tre ast of !iillf!r's ~ 10hidl stell re tre ~ cL tHnis J. CMmln tre ~\e Vire PIPsidtt c!Iti Gn!I:al Ctu"Bf'~ cL tiP. itt.ffi's Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work. repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way {other than existing zoning regulations} that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or govemmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Ctosing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property. and not to d~ any act ~~ omit to perform any act whic~ ~BI-(\CI~I1~! N 16a 1 the zonrng or phYSical condition of the Property or the'~'OVMfi'n\ O. ordinances or laws governing same. Seller also agrees to notify Purc Y 27. 2004 5 9)}J of 14 .,1< l '. CONSERVATION COLUER T.x Identlfle.tlon Number: 3949232??oo promptly of any~~anq,e ir1tt'l! ~ac.ts~~~IJ~ai~ed.,,in.)h~foregoing representations and of any notice or"fH~flllnge~lng,' or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statemenr) reasserting the foregoing representations as of the Date of Closing. which provisions shall survive the Closingfi:r a {l"ria1 of ere (1) yu:sr:. 10.023 Seller re~reeeRts, '::lmBRte aRa agrees ta iREtaMRity, feiFAlilllFee. ElQfQR~ .Rd Reid F'lIreRaSer Ral"A'llaaa fraM aRY aREI all alste (iFtalllEliFtg ."arRay'e fe8e) aU~RQ~ a9aiRst, iFfl~aseEl aFt ar iFtetmeEl lily PlIrsR8ser. ElireeU, 8r il"lE!ireetly, pWrliyaRt t9 iH iR 9iRR9Qti9A witR t~e B~f)lieatieA ef BAY feeleral, state. le8al er ~ lilQAH;tiA la'\' fQlatiRS ts fil911wtieR er filreteetieA If tRe eFlvirsFtM8Flt ""RisR s\IIall ';,0 liJe iR aeeera8F1ee wit\ll, "tlt flet Iilfliteel te, tt\c OCIfI"re"eI"l3i.c CI"I.i'CM18I"1tal lV nC3f3e"SS, Cel"l'll3sf'lsatief'l, al"16 Liaeilil) Ast ef 1988, -42 U,S.C. Seatis.. 9€S1, lilt se~., ("CEnCL~" ar "SI:II'e,fI::lRS"), ..Riak ..as alflel"leh,e1 al"le! t1~grael"e1 b) tka Ol::lpcrfl::ll'ld Amendmcnt al"le neatltherilatieP'l Aet af 1986 ("SARN), iReh:leliAt BRY 8MeR8Fflal"lts sr stlasess!r il"l ftll"latieP'l te t"'ese aete. TIlie fHe\ieieA aRE! It\e fig"t! af rtlre"'aeer, "'eretlP'l6Cr, shall el:ll"ti.e Clesil'lg aRe! are Ret eeefl'leE! eetiefieEl BY eeRveyaAee ef title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: With a copy to: If to Seller: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples. Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-n4-8400 Fax number: 239-n4-0225 Avatar Properties, Inc. e!o Dennis J. Getman, Esq., General Counsel 201 Alhambra Circle Coral Gables, FL 33134.5107 Telephone number: (:ni) 442-iaX) Fax number: (:nil 448-9927 ~ 11.02 The addressees and numbers for the purpose of this Anicle may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is re<'G!y~d, thfil~t addressee and respective address stated herein shall be deemea~~r\ No. 16a1 effect for all purposes. U Y 27. 2004 . pag~ 14 CONSERVATION COLLIER T811ldentlflcation Number: 3949232??oo addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative. in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement. if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives. successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe. extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted. and any waiver of any provision of this Agreement shall be applicable only to the specifiC instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes. under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes. whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordanceAwith th~ IqwS of N 16 1 the State of Florida genoa Item o. a July 27.2004 Page 12 of 14 7 . CONSERVATIONCOUJER Tax ldentlncltlon Number: 39492320000 XIV. ENTIRE AGREEMENT' 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties. and no promise. representation. warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN , Deputy Clerk AS TO SELLER: DATED: .$ ~S /D <{ WITNESSES: '--1l~) .~aAJ (Signature) I'1J4A; 0 ;':. L lJ~ M. (Print ) AVATAR PROPERTIES, INC..~_ a Florida corporation ". Bi'~ .~J . DENNIS J. GE N. iDlllIlosideut Approved as to form and legal sufficiency: ~~ ~CI~ -Ellen T. Chadwell Assistant County Attorney 8 Agenda Item No. 16a1 July 27. 2004 Page 13 of 14 CONSERVATION COLLIER Tax Identification Number: 39492320000 EXHIBIT" A" TAX IDENTIFICATION NUMBER: 39492320000 LEGAL DESCRIPTION: THE WEST SEVENTY FIVE (75') FEET OF THE EAST ONE HUNDRED FIFTY (150') FEET OF TRACT 26, UNIT 53 GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 93 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 9 Agenda Item No. 16a1 July 27, 2004 Page 14 of 14 EXECUTIVE SUMMARY --- Recommendation to approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Pr02ram, at a cost not to exceed $11,600 (Stewart). OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Susan Wheeler Stewart. CONSIDERATIONS: On January 27, 2004, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Stewart parcel, as referred to on the Acquisition List, contains 1.14 acres and is located within Golden Gate Estates, Unit 53. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $10,700 was based upon one independent, state- certified general real estate appraiser. The attached Agreement for Sale and Purchase provides that should the County elect not to close this transaction for any reason, except for default by Stewart, the County will pay Stewart $107 as liquidated damages. -- The CCLAAC approved this transaction on July 12, 2004 and votcd to rccommend Board approval and execution of the attached Agreemcnt. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office and Environmental Services Department. FISCAL IMPACT: The total cost of acquisition will not exceed $11,600 ($10,700 for the property. $250 for appraisals. $250 for the Environmental Task Audit I, and approximately $400 for title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of July 12, 2004 property costs for Conservation Collier properties under conU'act, including this property, total $23.927,200. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (c) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. RECOMMENDATION: Staff is recommending the Board of County Commissioners: -- 1. Approve the attached AkYfCement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office; and Agenda Item No. 16A2 July 27. 2004 Page 1 of 14 EXECUTIVESU~~ARY Conservation Collier - Agreement for Sale and Purchase - Stewart Page 2 2. Authorize Chairman Fiala to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchasc~ and 3. Authorize staff to prepare related vouchers and Warrants for payment~ and 4. Direct staff to proceed to acquire the propcrty, to follow all appropriate closing procedures, and to record the deed and any and all necessary documents to obtain clear title to the property. Agenda Item No. 16A2 July 27. 2004 Page 2 of 14 Conservation Collier Land Acquisition Program Project Design Report Dale: June 22. 2004 Conservation Collier North Golden Gate Estates Unit 53 Location Map I CREW Trust lands I .5TH AI/[. Nt; SHAll\' HOLLOW ~LVD W SHADY HOlLOW 5L VO E .;'<-r- .'~:!.~~ AVE NW .15T AVE IE 39TH AVE NW 31fHAVE _ Stewart - 1.14 acres Note: mark contains 2 properties 35TH A'IE NW ~ U> o z '" ~ 33RD AVE NW z .... ... .. '" ~ :z ..... ..... z 0 :r z c !!: U> U> U> '" .... ..... ... ... Z ~ Z ~ Z rn ~ :0 2~n-t AV NW 2STl< AV HE LEERO 391H AVE NE 24n-t AVE NW 24n-t AVIi HE 2.TH AvE NE Propertv Owner: Susan Wheeler Slewart Folio(s): 39490640009 Location: North Golden Galc Estates UnilS3. W 75FT of E 150FT of Tract 9 Size: 1.14 acrcs AppraisaVOffer Amount: $10,700 History of Pro iect: Rcceived Selected for the Approved for Purchase offer Offer Accepted applicalion "A" category, #1 purchase by Bee made to owners priority, on Ihe Active Acquisition Lisl by eeLAAC 8/27103 12/15/03 1/27/04 4/19/04 ""'"7/(\" I.~...... 1'1.1,.. ~... ,- 16A2 July 27.2004 Page 3 of 14 Purpose of Proiect: Conservation Collicr Proe.ram Oualifications: This is one of a number of parcels approved for acquisition that are part of a larger, mulLi-parcel, mulLi- owner project known a'\ the North Golden Gate Estates (NGGE) Unit 53 Project. These parcels were considered in comext of the whole project. The following identifies the ecological value, significance for water rcsources. human values and acsthetics. vulneroibility to development and management potential for this project. Nativc habitat prescm over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re-growth over an historic farm Iield. AlLhough the unit has been platted for development, at present there are no homes, streets are unpaved and there is no electric service. A search of county records, updated at the time of this writing, shows no construction permits othcr than onc (for a fcnce) have been issued or undcr review. Soils, hydrology and extant plant species indicate that the entire unit is a seasonal wetland, with surface water present during rainy sea'\on and moist conditions remaining during dry season (excepting drought conditions when water tables may recede lower). The area contributes moderately to Lower Tamiami aquifer recharge (7-14 inches per year) and wetland dependant bird species were observed on site. A native terrestrial orchid species state listed as Threatened, Wild Coco (Eulop1zia alta) and a fern species, Royal fern (Osmu/lda ,.egalis) listed by the state as Commercially exploited were observed in abundance. No listed wildlife species were observed, however, the emire unit is considered part of Primary Zone panther habitat by the U.S. (ish and Wildlife Conservation Commission and Black bear arc known to inhabit adjoining public lands. - This entire area is connected with South Florida Water Management District (SFWMD) lands which are known as the Corkscrew Regional Ecosystem Watershed. separated into CREW Trust conservation lands and the Audubon Corkscrew Sanctuary. Acquisition of NGGE Unit 53 would enhance, protect, buffer both arcas and and provide access to CREW Trust lands. In rcgards to human valucs and acsthetics, conscrvation of this area would offcr mulLiple opportunities for land-bascd natural resource rccreation including potcntial for hunting if enough parcels can be acquired. As lO vulnerability. this area is zoned for single-family residences and although none have been builtlO datc, penl1its could bc pulled at any time. In rcgards to management, on(.~e a group of contiguous parcels can be acquired, there is potential for a managemem partnership with the neighboring CREW Trost. Managemem would primarily consist of exotic removal and maimenance of existing unpaved roads to provide access to CREW trails. Expansion of trails into these lands is contemplated over time. See the Initial Criteria Screening Report for full criteria evaluation. Proiected Manae.ement Activities: Removal of exotic plants, construction of trails, parking and placement of fencing and signage are projected management activities, but these would not be done until morc contiguous properties are acquired. -, Agenda Item No. 16A2 July 27,2004 Page 4 of 14 Item Number Item Summary Meeting Oate COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11,600 (Stewart). 7/27/2004 9:00:00 AM Prepared By Cindy M. Erb Administrative Services Senior Property Acquisition Specialist 7121200411:31:10 AM Facilities Management Approved By Administrative Assistant Date Pat Lehnhard County Manager's Office Office of Management & Budget 7/1312004 10:44 AM Budget Analyst Date Approved By Mark Isackson County Manager's Office Office of Management & Budget 7113/20041:27 PM Approved By Management & Budget Director Date Michael Smykowski County Manager's Office Office of Management & Budget 7114120042:24 PM County Manager Date Approved By James V, Mudd Board of County Commissioners County Manager's Office 7114120044:56 PM Date Approved By Sandra Lea Community Development & Environmental Services Executive Secretary Community Devolopment & Environmental Services Admin. 712/2004 1 :45 PM Approved By Charles E. Carrington, Jr., SRI WA Administrative S~rvicos Real Estate Services Manager Date Facilities Management 712/20042:14 PM Appro,'ed By Facilities Management Director Date Skip Camp, C.F.M. Administrative Services Facilities Management 7/2120042:55 PM Environmental Services Director Date Approved By William D. Lorenz. Jr.. P.E. Community Devolopment & Environmental Services Environmental Services 7/6/200412:36 PM Senior Environmental Specialist Date Approved By Alexandra J. Sulecki Community Development & Environmental Services Environmental Services 7/8/20049:13 AM Date Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 7/9/200412:58 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 7/9/20042:25 PM Agill'ld11lilA:l ~19 15'l,.2 July 27, 2004 Page 5 of 14 CONSERVATION COLLIER Tax identifICation Number: 39490640009 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between SUSAN WHEELER STEWART, a married woman, whose address is 192 Pinecrest Parkway. Wilmington, NC 28401-7845, (hereinafter referred to as "Seller"), and COLLIER COUNTY. a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as .Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property.). located in Collier County, State of Florida, and being more particularly described in Exhibit .A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. described in Exhibit "A.. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Ten Thousand Seven Hundred Dollars ($10,700.00). (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE., .DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser but not later than October 31, 2004. unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East. Naples. Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances. exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing. the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of r~g~rida Item No. 16A2 July 27.2004 1 Page 6 of 14 CONSERVATION COLLIER Tax identifICation Number: 39490640009 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit: as required by Section 1445 of the Internal Revenue Code and as required by the title insurance undelWriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Intemal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form 8 Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article. Purchaser and/or Seller, as the case may be. shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (AL T A Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purcha~e.!.'s objectLon tON 16A2 title, Seller shall have thirty (30) days to remedy any defects irt't989~cij~ o. July 27. 2004 2 Page 7 of 14 CONSERVATION COLLIER Tax identifICation Number: 39490640009 good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit -A-, if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, nnspection Period-). to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking. soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contami nation. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied. for any reason whatsoever. with the results of any investigation. Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents. employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses. soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property A~~~~JHem No. 16A2 July 27,2004 Page 8 of 14 3 CONSERVATION COLLIER Tax identifICation Number: 39490640009 VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable. after closing on the Property, shall be prorated at Closing based upon the gross amount of 2003 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such, termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers). hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties. and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties. and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending. threatened or contemplated bankruptcy proceeding, 10.012 Seller has full right, power. and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing. certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actioj;l~~!::i!;>,!.. G1illms'N 16A2 proceedings, litigation or investigations pending or threatened ~S\I!e'Mtrat o. July 27,2004 4 Page90f14 CONSERVATION COLLIER Tax IdentifICation Number: 39490640009 law, equity or in arbitration before or by any federal. state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes. as such terms are defined in applicable laws and regulations. or any other activity that would have toxic results. and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute. law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law. ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws. ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing. employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits. actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements. utmty moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements. formal or informal. existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physica.h.~!l~iti~n I'~f theN 16A2 Property to change from its existing state on the effect~ttfawp oJSrms O. July 27,2004 5 Page 10 of 14 CONSERVATION COLLIER Tax identifICation Number: 39490640009 Agreement u~ to and j9fl~~IOQ~nRQ~!~~RJ~,,~!9o~iPg. , !~erefore. Seller .agrees not to enter Into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs Oncluding attorney's fees) asserted against. imposed on or incurred by Purchaser. directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq.. ("CERCLA" or .Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser. hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. Xl. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid. addressed as follows: If to Purchaser: With a copy to: If to Seller: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8400 Fax number: 239-774-0225 Susan Wheeler Stewart 192 Pinecrest Parkway Wilmington. NC 28401-7845 Telephone number: Fax number: 6 Agenda Item No. 16A2 July 27, 2004 Page 11 of 14 CONSERVATION COlliER Tax identifICation Number: 39490640009 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker. salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives. successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement. regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the .offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee. and acceptance and approval by the Board of County Commissioners of Collier County. Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership. corporation, trust or any form of representative capacity whatsoever for others. Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes. under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered ~i!!l !tl!LFfiq,eElIN 16A2 Securities Exchange Commission or registered pursuant to Ch~~9f.ltiI F~ o. July 27.2004 7 Page 12 of 14 - CONSERVATION COlliER "P . I .r- . .. . - - CONSERVATION COLLIER Tax Identification Number: 39490640009 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated ProjecVAcqulsition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk DONNA FIALA, CHAIRMAN AS TO SELLER: DATED' 1ag-~, JCO'1 WITNESSE : ~9(ALn~) !;~e~", c.J:-1d r,/) (Printed Name) 1lcrfi,LUa ) ~ (Signature) Rrtri ci a t. hap yl'\a n (Printed Name) ~~vlj'~/A~' SUSAN WHEELER STEWART Approved as to form and legal sufficiency: AL vfl--LJ~--- Ellen T. Chadwell Assistant County Attorney Agenda Item No. 16A2 July 27.2004 Page 13 of 14 8 _._-~ CONSERVATION COLLIER Tax identifICation Number: 39490640009 EXHIBIT" A" TAX IDENTIFICIATION NUMBER: 39490640009 LEGAL DESCRIPTION: THE WEST SEVENTY (75') FEET OF THE EAST ONE HUNDRED FIFTY (150') FEET OF TRACT 9, UNIT 53 GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 93 IN THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. 9 Agenda Item No. 16A2 July 27. 2004 Page 14 of 14 .....--. EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase for 2.73 acres under the Conservation Collier Land Acquisition Pr02ram, at a cost not to exceed $31,100 (Zak). OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Paul Zak. CONSIDERATIONS: On January 27,2004, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Zak parcel, as referred to on the Acquisition List, contains 2.73 acres and is located within Golden Gate Estates, Unit 53. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $30,000 was based upon one independent, state-certified general real estate appraiser. The attached Agreement for Sale and Purchase provides that should the County elect not to close this u'ansaction for any reason, except for default by Zak, the County will pay Zak $300 as liquidated damages. .- The CCLAAC approved this transaction on July 12, 2004 and votcd to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The A,greement has been reviewed and approved by the County Attorney's Office and Environmental Services Department. FISCAL L\1PACI': TIle total cost of acquisition will not exeeed $31,100 ($30,000 for the property, $250 for appraisals. $250 for the Environmental Task Audit I, and approximately $600 for title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of July 12. 2004 property costs for Conservation Collier properties under contract, including this property, total $23,927,200. GROWTH MANAGEMENT IMPACI': Fec simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement and accept the Warranty Deed once it has been received and approvcd by the County Attorney's Office; and - Agenda Item No. 16A3 July 27.2004 Page 1 of 15 EXECUTIVE SUM~L\RY Conservation Collier - Agreement for Sale and Purchase - Zak Page 2 - .-.. 2. Authorize Chairman Fiala to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 3. Authorize staff to prepare related vouchers and Warrants for payment; and 4. Direct staff to proceed to acquire the property, to follow all appropriate closing pl'Ocedures, and to record the deed and any and all necessary documents to obtain clear title to the property. Agenda Item No. 16A3 July 27.2004 Page 2 of 15 Conservation Collier Land Acquisition Program Project Design Report Date: June 22, 2004 Conservation Collier North Golden Gate Estates Unit 53 Location Map I CREW Trust lands I ~5TH AVI: Nt: SHAOY HOlLOW ~ VO W SHAOY HOLLOW 8L VO E AVE NW ~'ST AVE IE 39TH AVE NW 391H AVE HE Zak - 2.73 acres 3HHAVE _ 35TH AVE - ~ '" o z '" 33RD AVE NW ~ Z '" C1> . '" ~ ... ... :i! z 0 " " c '" '" '" '" ~ ""' ... ... ... :z: ~ z ~ ~ en ~ 25TH fW _ 25TH All HE LEE RO 24TH AVE HW 24TH A\I~ NE 2~TH AVe NE ProperlY Owner: Paul and Nonna J. Zak (deceased) Folio(s): 39491800000 Location: North Golden Gale Estales Unit 53. W 180Ff of Tract 21 Size: 2.73 acres AooraisaVOffer Amount: $30.000 Historv of Pro iect: Reccived applicalion Approved for Purchasc offcr Offcr Acccpled purchase by BCC madc lO owners ,- SCICClCd for lhe .. A" catcgory. #1 priorilY, on Ihc AClivc Acquisition Lisl b CCLAAC 12/15/03 1/27/04 4/22/04 4/"!.7/03 16A3 July 27,2004 Page 3 of 15 Purpose of Proiect: Conservation Collier Pr02rarn Oualifications: nlis is one of a number of parcels approved for acquisition that are part of a larger, multi-parcel, multi-owner project known as lhe North Golden Gate Estates (NGGE) Unit 53 Project. The~ parcels were considered in context of the whole project. The following identifies lhe ecological value, significance for water resources, human values and aesthetics, vulnerability to development and management potential tor this project. Native habitat present over lhe whole unit is wetland hardwood forest, with a substantial portion of !.hat being dominated by cypress and red maple swamp and lhe remainder by native and exotic rc-growth over an historic farm field. AlLhough the unit has been platted for development, at present lhere are no homes, streets are unpaved and there is no electric service. A search of county records, updated at the time of lhis writing. shows no construction permits other than one (for a fence) have been issued or under review. Soils, hydrology and extant plant species indicate that lhe entire unit is a seasonal wetland, with surface water present during rainy season and moist conditions remaining during dry season (excepting drought conditions when water tables may recede lower). The area contributes moderately to Lower Tamiami aquifer recharge (7-14 inches per year) and wetland dependant bird species were observed on site. A native terrestrial orchid species slate listed as Threatcned, Wild Coco (Eulophia alta) and a fern species, Royal fern (Oslflullda regali.'i) listed by the state as Commcrcially cxploited were observed in abundance. No listed wildlife species were observed, however, the entire unit is considered part of Primary Zone panther habitat by the U.S. !ish and Wildlife Conservation Commission and Black bear arc known to inhabit adjoining public lands. .--' This entire area is connected with South Florida Water Management District (SFWMD) lands which are known a<; the Corkscrcw Rcgional Ecosystcm WaLCrshcd, separatcd into CREW Trust conscrvation lands and Lhe Audubon Corkscrew Sanctuary. Acquisition of NGGE Unit 53 would enhance, protect, buffer both area') and am] providc access LO CREW Trust lands. In regards to human values and aesthetics, conservation of this area would offer multiple opportunities for land-ba')ed natural resource recreation including potential for hunting if enough parcels can be acquired. As to vulnerability, this area is zoned for single-family residences and although none have been buill to datc, pcrnlits could be pulled at any time. In regards to management, once a group of contiguous parccls can be acquired, there is potcntial for a management partnership with the neighboring CREW Trust. Management would primarily consist of exotic' removal and maintenance of existing unpaved roads to provide access to CREW trails. Expansion of trails into these lands is contemplated over time. See the Initial Criteria Screening Report for full criteria cvaluation. Proiected Manaeernent Activities: Removal of exotic plants, construction of trails, parking and placemcnt of fencing and sign age are projected management activities, but lhese would not be done until more contiguous properties are acquired. _. Agenda Item No. 16A3 July 27,2004 Page 4 of 15 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A3 Recommendation to approve an Agreement for Sale and Purchase of 2,73 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $31.100 (Zak). 7/27/20049:00:00 AM Prepared By Cindy M. Erb Administrative Services Senior Property Acquisition Specialist 7/2/200411:59:15 AM Facilities Management Approved By Administrative Assistant Date Pat Lehnhard County Manager's Office Office of Management & Budget 7/13/200410:45 AM Approved By Budget Analyst Date Mark Isackson County Manager's Office Office of Management & Budget 7113/20041:28 PM Management & Budget Director Date Approved By Michael Smykowski County Manager's Office Office of Management & Budget 7114/20042:27 PM County Manager Date ApprO\'ed By James V. Mudd Board of County Commissioners County Manager's Office 7114/20045:04 PM Date Approved By Sandra Lea Community Developmp.nt & Environmental Services Executivp. Secretary Community Development & Environmental Services Admin. 712/2004 1 :45 PM Approved By Charles E. Carrington. Jr., SRI WA Administrative Services Real Estate Services Manager Date Facilities Management 712120042:15 PM Approved By Facilities Management Director Date Skip Camp. C,F,M. Administrative Services Facilities Management 712/20042:55 PM Approved By Environmental Services Director Date William D. Lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services 7/6/200412:39 PM Approved By Senior Environmental Specialist Date Alexandra J. Sulecki Community Development & Environmental Services Environmental Services 7/8/2004 9:20 AM Approved By Date Constance A. Johnson Community Dp.velopment & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 7/9/2004 1 :07 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Service5 Adminstrator Date Community Development & Environmental Services Admin. 7/9/20042:30 PM ^9~l'ldllll~m 1>'11 1li^3 July 27. 2004 Page 5 of 15 CONSERVATION COllIER Tax identifICation Number: 39491800000 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between PAUL ZAK, whose address is 3615 E. Clyde Road, Howell, MI 48855-9715, (hereinafter referred to as "Seller"), and COLLIER COUNTY. a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East. Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property. subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "AM. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Thirty Thousand Dollars ($30.000.00). (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser but not later than October 31, 2004, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East. Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions. or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged. in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. Agenda Item No. 16A3 July 27. 2004 Page 6 of 15 CONSERVATION COLLIER Tax identifICation Number. 39491800000 - 3.0113 A "Gap,. Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment. referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense. shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed. taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any. which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects i~er to' c;q'lveYN 16A3 good and marketable title, except for liens or monetary obli9'"cI\1t1n~~itwGJjI O. July 27.2004 2 Page70f15 CONSERVATION COLLIER Tax identifICation Number: 39491800000 be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is. waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses. soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible for any loss or damages occasioned thereby and against. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property . VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 3 Agenda Item No. 16A3 July 27,2004 Page 8 of 15 CONSERVATION COLLIER Tax IdentifICation Number: 39491800000 8.01 Ad valorem taxes nele! due and payabl$; aft~t closing on the Property, shall be prorated at Closing based upon the gross amount of 2003 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1 %) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties. and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute. deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 1 0.Q14 Seller represents that it has no knowledge of any actions. suits. claims. proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreeme')t.g~nanJ It~Mr No. 16A3 July 27,2004 Page 9 of 15 4 CONSERVATION COLLIER Tax identifICation Number: 39491800000 property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results. and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute. law or regulation. or of any notice from any governmental body has been served upon Seller claiming any violation of any law. ordinance, code or regulation or requiring or calling attention to the need for any work, repairs. construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor. proposals for public improvement assessments, pay-back agreements. paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal. existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefo~!... ~~I~r ~~!..eesN 16A3 not to enter into any contracts or agreements pertaining to"iQ~air\U?Uie o. July 27. 2004 5 Page 10 of 15 CONSERVATION COLLIER Tax IdentifICation Number: 39491800000 Property and not to dolilnyaetoromitto:perfo,many act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning. or any other action or notice. that may be proposed or promulgated by any third parties or any govemmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify. reimburse. defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and liability Act of 1980,42 U.S.C. Section 9601, et seq., rCERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"). including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11,01 Any notice. request, demand. instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt. or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: With a copy to: If to Seller: Alexandra Sulecki. Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples. Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8400 Fax number: 239-774-0225 Paul Zak 3615 E. Clyde Road Howell, MI 48855-9715 Telephone number: Fax number: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing su&gItMiM>!lBn3rNo. 16A3 addressees only. unless and until such written notice is received, theJ uqr 27. 2004 6 Page 11 of 15 CONSERVATION COlliER Tax identifICation Number: 3949'800000 addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used. shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday. Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership. limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written pubfic disclosure. according to Chapter 286, Florida Statutes. under oath. of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 7 Agenda Item No. 16A3 July 27,2004 Page 12 of 15 CONSERVATION COllIER Tax IdentifICation Number: 39491800000 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. ' - 8 Agenda Item No. 16A3 July 27.2004 Page 13 of 15 CONSERVATION COUIER Tax Identiflcatlon Number: 3949t80oooo XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated ProjecVAcquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN , Deputy Clerk AS TO SELLER: DATED: WITNESSES: PA&?C ~Q;~ (Signature) IT..O.........4..~ r-. -PL..:ll'('-S (Printed Name) :Y\~ '-j ---PJ,.j~~~ (Signature) 1J () ~()1 A 1-.. 1) i, /I, '0 {. (Printed Name) I Approved as to form and legal sufficiency: hi ~tL</~ Ellen T. Chadwell Assistant County Attorney 8 Agenda Item No. 16A3 July 27,2004 Page 14 of 15 CONSERVATION COLLIER Tax identifICation Number: 39491800000 EXHIBIT" An TAX IDENTIFICIATION NUMBER: 39491800000 LEGAL DESCRIPTION: WEST ONE HUNDRED EIGHTY (180') FEET OF TRACT 21, UNIT 53 GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 93 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -, 10 Agenda Item No. 16A3 July 27.2004 Page 15 of 15 EXECUTIVE SUlVIMARY ,- Recommendation to approve an Agreement for Sale and Purchase for 3.79 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $39,200. (Beardsley). OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Glenda S. Beardsley. CONSIDERATIONS: On January 27, 2004, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Beardsley parcel, as referred to on the Acquisition List, contains 3.79 acres and is located within Golden Gate Estates, Unit 53. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $38,000 was based upon one independent, state- certified general real estate appraiser. The attached A,bTfeement for Sale and Purchase provides that should the County elect not to close this transaction for any reason, except for default by Beardsley, the County will pay Beardsley $380 as liquidated damages. -, The CCLAAC approved this transaction on July 12, 2004 and voted to rccommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office and Enyironmental Services Departrnent. FISCAL IMPACf: The total cost of acquisition will not exceed $39,200 ($38,000 for the property, $250 for appraisals, $250 for the Environmental Task Audit I, and approximately $700 for title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of July 12, 2004 property costs for Conservation Collier properties under contract, including this property, total $23,927,200. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. RECOMMENDATION: Staff is recommending the Board of County Commissioners: ,- 1. Approve the attached Agreemcnt and accept the Warranty Deed once it has been received and approved by the County Attorney's Office; and Agenda Item No. 16A4 July 27,2004 Page 1 of 14 ,."..,.'.-",..,',..-_..,-,...-......,----~-"'-.~...-.. '^ >",'....",.._;...i.,'_L,...;'_'"..-",.-"..,,",~."'_...__-',..,.._",.,-....---,-,-----.-~..-., EXECUTIVESUNL~ARY Conservation Collier - Agreement for Sale and Purchase - Beardsley Page 2 ,,""'-"" .-. 2. Authorize Chairman Fiala to execute the Agreement and any and all other County Attorney's Office approvcd documents related to this purchase; and 3. Auth01;ze staff to prepare related vouchcrs and Warrants for payment; and 4. Direct staff to procecd to acquire the propcl1y, to follow all appropriate closing proccdurcs. and to rccord the decd and any and all nccessary documents to obtain clear titlc to thc propcrty. Agenda Item No. 16A4 July 27.2004 Page 2 of 14 Conservation Collier Land Acquisition Program Project Design Report Dale: June 22, 2004 Conservation Collier North Golden Gate Estates Unit 53 Location Map CREW Trust lands AVE NW 39TH AVE NW 37fH AVE NVI Beardsley - 3.79 acres 35TH AVE NVI ,- 33RD AVE NW .. '" .. ~ ~ .... ~ ~ 0 :r c;; ~ '" '" '" '" ... .... .... .... % z % i ~ m ~ :Ii 25TH AV NW 25T1< AV NE LEE RO 24Tli AVE NW Property Owner: Glenda S. Beardsley Folio(s): 39493840000 Location: North Golden Gale Estales Unil 53, E 150FT or Tracl 43 Size: 3.79 acres AppraisaVOtTer Amount: $38,000 History of Pro iect: 45TH Ave NE SHADY HOLLOW BlVD E 41ST AVE NE 39 IH AVE NE ~ '" o z '" ... Received applicalion Approved for Purchase offcr Offcr Accepled purchase by BCC made lO owners -, SelcClcd for lhe "A" calegory, #1 priorilY, on the Active Acquisition List b CCLAAC 12/15/03 1/27/04 4/22/04 7/24103 z 24TH AIlI:O NE 24TH AVE NE 16A4 July 27,2004 Page 3 of 14 Purpose of Proiect: Conservation Collier Pro2ram Qualifications: This is one of a number of parcels approved for acquisition that are part of a larger. multi-parcel, multi- owner project known as the North Golden Gate Estates (NGGE) Unit 53 Projecl. These parcels were considered in context of the whole projecL The following identifies the ecological value, significance for water resources. human values and aesthetics, vulnerability to development and management potential for this projecl. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re-growth over an historic fann Iield. Although the unit has been platted for development. at present there are no homes. streets are unpaved and there is no electric service. A search of county records. u(Xlated at the time of this writing. shows no construction permits other than one (for a fence) have been is.<;;ued or under revicw. Soils. hydrology and cxtant plant specics indicatc that the cntire unit is a seasonal wetland, with surface water present during rainy season and moist conditions remaining during dry season (excepting drought conditions when water tables may recede lower). The area contributes moderately to Lower Tamiami aquifer recharge (7-14 inches per year) and wetland dependant bird species were observed on site. A native terrestrial orchid species state listed as Threatened, Wild Coco (Eulophia alta) and a fern species. Royal fern (Osltluflda regali.c;) listed by the state as Commercially exploited were observed in abundance. No listetl wildlife species were observcd, however. the entire unit is considered part of Primary Zone panther habitat by the U.S. lish and Wiltllife Conscrvation Commission and Black bear are known to inhabit atljoining public lands. ,.~'" This entire area is connected with South Florida Water Management District (SFWMD) lands which are known as the Corkscrew Regional Ecosystem Watershed. separated into CREW Trust conservation lands and the Audubon Corkscrew Sanctuary. Acquisition of NGGE Unit 53 would enhance. protect. buffer both areas and provitle cnhanced access to CREW Trust lands. In regards to human values antl acsthetics, conservation of this area would offcr multiple opportunities for land-based natural resource recreation including potential for hunting if enough parcels can be acquired. As to vulnerability. this area is zoned for single-family residences and although none have been built to date. pcnllits could bc pulled at any timc. In regards to managcment. once a group of contiguous parcels can be acquired. therc is potcntial for a management pannership wilh the neighboring CREW Trust. Management would primarily consist of exotic removal and maintcnance of existing unpaved roads to provide access to CREW trails. Expansion of trails into thc!;c lands is contcmplated over time. See thc Initial Criteria Screcning Rcport for full criteria evaluation. Proiected Mana2ement Activities: Removal of eXOlic plants. construction of trails, parking and placement of fencing and signage are projected management activities, but these would not be done until more contiguous properties are acquired. -, Agenda Item No. 16A4 July 27.2004 Page 4 of 14 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A4 Recommendation to approve an Agreement for Sale and Purchase of 3,79 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $39,200 (Beardsley), 7/27/20049:00:00 AM Prepared By Cindy M. Ern Administrative Services Senior Property Acquisition Specialist 7/2/2004 12: 1 3:47 PM Facilities Management Approved By Jos"ph K. Schmitt Community Dev"lopment & Environmental Services Community Development & Environmental Services Adminslrator Date Community Dev"lopment & Environmental Services Admin. 7/11/2004 6:58 PM Pat L"hnhard Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 7/1312004 10:46 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 7/13120041:29 PM Micha,,1 Smykowski Managem"nt & Budg"t Director Date Approved By County Manag"r's Office Office of ManagemMt & Budget 7114120042:28 PM Approved By County Manag"r Date Jam". V. Mudd Board of County Commissioners. County Manag"r's Office 7114120045:11 PM Date Approved By Sandra Lea Community D"v"lopm"nt & Environmental Services Ex"cutivr. Secretary Community Development & Environmental Service~ Admin. 7/2/20041:46 PM Approved By Charles E. Carrington, Jr., SRI WA Administrative Services Real Estate Services Manager Date Facilities Management 7/2/20042:17 PM Skip Camp, CFM. Faciliti"s Management Director Date ApprO\'ed By Administrative Services Facilities Management 7/212004 2:59 PM Appro,'ed By William D. Lorenz, Jr.. P.E. Community Development & Envjronm~ntal Services Environmental Services Director Date Environmental Services 716/200412:41 PM Alexandra J. Sulecki Senior Environmental Specialist Date Approved By Community Development & Environmental Services Environmental Services 7/8/20049:22 AM Constance A. Johnson Date Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 7/9/20041:13 PM ^8~Rd:illtli'1:R t-Ig 1e^4 July 27, 2004 Page 5 of 14 CONSERVATION COLLIER Tax Identification Number: 39493840000 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between GLENDA S. BEARDSLEY, whose address is 4661 13" Avenue S.W., Naples, FL 34116-5131, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida. its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112. (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW. THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Thirty Eight Thousand Dollars ($38,000.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser but not later than October 30,2004, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office. Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens. encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. Agenda Item No. 16A4 July 27.2004 Page 6 of 14 1 CONSERVA nON COLLIER Tax identification Number: 39493840000 3.0113 A "Gap,. Tax Proration, Owner's and Non.Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form. "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below. shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller. as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (AL T A Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days. following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligtugeB<iai~MIINo. 16A4 be satisfied at Closing. Seller, at its sole expense, shall use its best effod~ly 27. 2004 2 Page 7 of 14 CONSERVATION COUIER Tax ldentlflea110n Number: 39493840000 make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 2. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection. Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense. have the right to go upon the Property for the purpose of surveying and conducting site analyses. soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible for any loss or damages occasioned thereby. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2003 taxes, and shall be paid by Seller. 3 Agenda Item No. 16A4 July 27, 2004 Page 8 of 14 CONSERVATION COLLIER Tax IdentHleation Number: 39493840000 IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy. Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon ~ percent (1 %) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.Q11 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property. and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions. suits, claims. proceedings. litigation or investigations pending or threatened against Seller, at law. equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could. if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any ~~.tenbNo. 16A4 acquire the Property or any portion thereof. July 27. 2004 4 Page 9 of 14 CONSERVATION COLLIER Tax IdentHlcation Number: 39493840000 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production. handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasorJne or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs. construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions. easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing. employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements. paving agreements, road expansion or improvement agreements, utility moratoriums. use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements. formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoin~,.6lat1ilamsNo. 16A4 and of any notice or proposed change in the zoning, or any other actiQJuty 27. 2004 5 Page 10 of 14 CONSERVATION COLLIER Tax identification Number: 39493840000 notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents. warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund.), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 rSARA"}, including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 1 1.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested. postage prepaid. addressed as follows: If to Purchaser: With a copy to: If to Seller: Alexandra Sulecki. Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples. Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples. Florida 341 1 2 Telephone number: 239-774-8400 Fax number: 239-774-0225 Glenda S. Beardsley. Tr. 4661 131h Avenue S.W. Naples, FL 34116-5131 Telephone number: Fax number: 1 1 .02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only. unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 6 Agenda Item No. 16A4 July 27,2004 Page 11 of 14 CONSERVATION COLLIER Tax Identification Number: 39493840000 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement. if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe. extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used. shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday. then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written pubfic disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the. Property before Property held in such capacity is .. - CONSERVATION COLLIER Tax Identification Number: 3949384??oo 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. Agenda Item No. 16A4 July 27.2004 14.01 This Agreement and the exhibits attached hereto contain the ~e 12 of 14 agreement between the parties, and no promise. representation, warranty or covenant not included in this Agreement or any such referenced agreements has h~l'ln or is beino relied upon by either party. No modification or amendment of XIV. ENTIRE AGREEMENT CONSERVATION COLLIER Tax identification Number: 39493840000 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise. representation. warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA. CHAIRMAN , Deputy Clerk AS TO SELLER: DATED: WITNESSES: GLENDA S. BEARDSLEY (Signature) (Printed Name) (Signature) (Printed Name) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney 8 Agenda Item No. 16A4 July 27,2004 Page 13 of 14 CONSERVATION COLLIER Tax Identification Number: 39493840000 EXHIBIT "A" TAX IDENTIFICATION NUMBER: 39493840000 LEGAL DESCRIPTION: THE EAST ONE HUNDRED FIFTY (1 50') FEET OF TRACT 43, GOLDEN GATE ESTATES, UNIT 53. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 931N THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 9 Agenda Item No. 16A4 July 27, 2004 Page 14 of 14 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11,600 (Beardsley, Trustee). OBJECTIVE: Request approval and execution of the attached Agreemcnt for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Glenda S. Beardsley, Trustee. CONSIDERATIONS: On January 27,2004, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conscrvation Collier Program. The Beardsley. Trustee parcel, as referred to on the Acquisition List, contains 1.14 acres and is located within Goldcn Gate Estatcs. Unit 53. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $10,700 was based upon one indcpendent, state- certified gcneral rcal estate appraiser. - The attachcd A,bTfeemcnt for Sale and Purchasc provides that should the County elect not to closc this transaction for any reason, except for default by Bcardsley, Trustee, the County will pay Beardsley. Trustee $107 as liquidatcd damages. The CCLAAC approved this transaction on July 12, 2004 and voted to recommend Board approval and execution of the attachcd A,b'rccment. Pursuant to Ordinance 2003-63. Scction 13(8). a Projcct Design Report for thc propcrty is provided hcrewith. The Agrccmcnt has been rcvicwed and approved by thc County Attorney's Officc and Environmental Scrvices Department. FISCAL ThIPACT: TIle total cost of acquisition will not exceed $11,600 ($10,700 for the property. $250 for appmisals, $250 for the Environmcntal Task Audit I, and approximately $400 for title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of July 12, 2004 property costs for Conscrvation Collier propertics undcr contract, including this property, total $23,927.200. - GROWTH MANAGEMENT IMPACT: Fce simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (c) in the Conscrvation and Coastal Management Element of the Collier County Growth Management Plan. RECOMMENDATION: Staff is recommending thc Board of County Commissioners: - 1. Approve thc attached Agreemcnt and accept the Warranty Deed once it has bcen reccived and approvcd by the County Attorney's Office; and Agenda Item No. 16A5 July 27.2004 Page 1 of 14 EXECUTIVE SUMMARY Conservation Collier - Agreement for Sale and Purchase - Beardsley, Trustee Page 2 ~I'-"'"~ - 2. Authorize Chairman Fiala to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchasc; and 3. Authorize staff to prepare related vouchers and Warrants for payment; and 4. Direct staff to proceed to acquire the property, to follow all appropriate closing procedures, and to record the deed and any and all necessary documents to obtain clear title to the property. Agenda Item No. 16A5 July 27, 2004 Page 2 of 14 Conservation Collier Land Acquisition Program Project Design Report Date: June 22, 2004 Conservation Collier North Golden Gate Estates Unit 53 Location Map 45TH ,,'If;. NE CREW Trust lands SHADY HOLI.OW BWD E 41S'r AVE NE 39'rrl AVE "IW 3911'1 AVE NE Bc-.lrd'ilcy Tr- 1.14 acres Note: mark contains 2 properties 37rHAVE NW ~ '" o % '" 33RO AVE N'N ~ 35TH AVE NW "........,~ 24TH AVE NW 24TH AV~ NE 24TH AVE NE z a> ... ~ '" ... z ~ ~ '" ... ~ '" z c Ul ... z :< ;:! o '" Z m 25TH AV NW 2ST\< AV NE LEe.RD Property Owner: Glenda S. Beardsley. Trustee Folio(s): 39..92200007 Location: North Golden Gate Estates Unit 53. E 75Ff of Tract 26 Size: 1.1.. acres AppraisaVOffer Amount: $10.700 Historv flf Pro icct: Received applicalion Selected for the "A" category. #1 priority. on the Active Acquisition List b CCLAAC 12/15/03 Approved for purchase by BCC Purchase offer made to owners Offer Accepted ,-' 7/24/04 1/27/04 4122104 . 16A5 July 27. 2004 Page 3 of 14 Purpose of Proiect: Conservation Collier Pro2ram Oualifications: This is one of a number or parcels approved for acquisition that are part or a larger, multi-parcel, multi- owner project known as the North Golden Gate Estates (NGGE) Unit 53 Project. These parcels were considered in context of the whole project. The following identifies the ecological value, significance for water resources. human values and aesthetics. vulnerability to development and management potential for this project. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re-growth over an historic farm Iield. Although the unit has been platted for development, at present there are no homes, streets are unpaved and there is no electric service. A search of county records, updated atlhe time of this writing, shows no construction pennits othcr than onc (for a fence) have been issued or under review. Soils, hydrology and extant plant species indicatc that the cntire unit is a sca<;onal wetland, with surface water prescnt during rainy sea<;on and moist conditions remaining during dry season (excepting drought conditions when water tables may recede lower). The area contributes moderately to Lower Tamiami aquifer recharge (7-14 inches per year) and wetland dependant bird species were observed on site. A native terrestrial orchid species state listed as Threatened, Wild Coco (Elllophia alta) and a fern species, Royal fern (OsmuIlda regalis) listed by the state as Commercially exploited were observed in abundance. No listed wildlife species were observed, however, the entire unit is considered part or Primary Zone panther habitat by the U.S. fish and Wildlife Conscrvation Commission and Black bear are known to inhabit adjoining public lands. ,-' This entire area is connected with South Florida Water Management District (SFWMD) lands which are known as the Corkscrew Regional Ecosystem Watershed separated into CREW Trust conservation lands and the Audubon Corkscrew Sanctuary. Acquisition of NGGE Unit 53 would enhance, protect, buffer botl) area,> and and provide access to CREW Trust lands. In regards to hUlllan values and aesthetics, conservation of this area would offer multiple opportunities for land-based natural resource recreation including potential for hunting if enough parcels can be acquired. As to vulnerability. this area is zoned for single-family residences and although none have been built to date, penl1its could be pulled at any time. In regards to management, once a group of contiguous parcels can be acquired, therc is potential for a management partnership with the neighboring CREW Trust. Management would primarily consist of exotic removal and maintenance of existing unpaved roads to provide access to CREW trails. Expansion of trails into these lands is contemplated over time. See the Initial Criteria Screening Report for full criteria evaluation. Proiected Mana2ement Activities: Rcmoval of exotic plants, construction of trails. parking and placement of fencing and signagc are projected management activities, but these would not be done until morc contiguous properties are acquired. ~. Agenda Item No. 16A5 July 27.2004 Page 4 of 14 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A5 Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11.600 {Beardsley, Trustee}. 7/27/2004 9:00:00 AM Prepared By Cindy M. Erb Administrative Services Senior Property Acquisition Specialist 7/2/200412:18:15 PM Facilities Management Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminslrator Date Community Development & Environmental Services Admin. 7/11/20047:00 PM Approved By Date Pat Lehnhard County Manager's Office Administrative Assistant Office of Management & Budget 7/1312004 10:48 AM Date Appro,'ed By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 7113120041:30 PM Apprond By Management & Budget Director Date Michael Smykowski County Manager's Office Office of Management & Budget 7/14/2004 4: 29 PM ApprO"ed By Date James V, Mudd Board of County Commissioners County Manager County Manager's Office 7/14/2004 5: 37 PM Approved By Date Sandra Lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 7/2/2004 1 :46 PM Approved By Skip Camp, C,F.M. Date Administrative Services Facilities Management Director Facilities Management 7/2/20042:59 PM Approved By Charles E. Carrington, Jr., SRI WA Admini~tratiYe Services Real Estate Services Manager Date Facilities Management 7/6/200410:09 AM Approved By Environmental Services Director Date William D. Lorenz. Jr., P.E. Community Development & Environmental Services Environmental Services 7/6/2004 12:42 PM Approved By Senior Environmental Specialist Date Alexandra J. Sulecki Community Development & Environmental Services Environmental Servic(!s 7/8/20049:27 AM Approved By Date Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 7/9/20041 :24 PM ^gl1fto;lllltllQ;J ~Q 1e^5 July 27,2004 Page 5 of 14 CONSERVATION COWER Tax Identification Number: 39492200007 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between GLENDA S. BEARDSLEY, individually, and as trustee, whose address is 4661 13" Avenue S.W., Naples, FL 34116-5131, (hereinafter referred to as "Seller-), and COLUER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East. Naples. FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"). located in Comer County. State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW. THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Ten Thousand Seven Hundred Dollars ($10,700.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE-, "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (SO) days following execution of this Agreement by the Purchaser but not later than October 30, 2004, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens. encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements. restrictions or conditions of record. Agenda Item No. 16A5 3.0112 Combined Purchaser-Seller closing statement. July 27.2004 1 Page 6 of 14 CONSERVATION COLLIER Tax Identification Number: 39492200007 3.0113 A "Gap: Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap. and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee. shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article 11\ hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed. in accordance with Chapter 201.01, Florida Statutes. and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated. which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement. the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects irAgtWIcia1dl~No. 16A5 good and marketable title, except for liens or monetary obligations whictt~" 27, 2004 2 Page 7 of 14 CONSERVATION COLLER Tax ldentlflca110n Number: 39492200007 be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 2. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense. have the right to go upon the Property for the purpose of surveying and conducting site analyses. soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible for any loss or damages occasioned thereby. Seller shall be notified by PurChaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2003 taxes. and shall be paid by Seller. IX. TERMINATION AND REMEDIES 3 Agenda Item No. 16A5 July 27,2004 Page 8 of 14 CONSERVATION COLLIER Tn \clenUt1C8tlon NumblH': 39492200007 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure. Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed. provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreem&nt by giving written notice thereof to PurchaSer, whereupon Q!l!. percent (1%) of the purchase price shall be paid to Seller asnquidated damages which. shall be Seller's sole and exclusive remedy, and neither party shall have any further Habi6ty or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and dfficult to ascertain, and that said amount of nquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the pecunar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver. and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, fitigation or investigations pending or threatened against Seller, at law, equity or In arbitration before or by any federal. state, municipal or other governmental Instrumentafity that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. Agenda Item No. 16A5 July 27, 2004 Page 9 of 14 4 CONSERVATION COLLER Tax identification Number: 39492200007 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no Incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a pubfic sanitary sewer system; Seller represents that they have fit has) no knowtedge that any pollutants are or have been discharged from the Property, directly or Indrectly into. any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in appficable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or Inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge tharthere is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoUne or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local staMe, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calfing attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property In order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, ma.nagement, leasing, employment, service or other contraCts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond Issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road eXpllnsion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or govemmental investigations or requirements, formal or informal, existing or pending or threatened which affects the ProPerty or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore. Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to pertormany act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained In the foregoing repr$sentations and of any notice or proposed change in the zoning, or anj\giba<:iadtemrNo. 16A5 notice, that may be proposed or promulgated by any third parties orJ~ 27, 2004 5 Page 10 of 14 CONSERVATION COLLER Tax IcIentlflc8tlon Number: 3M122OOOO7 governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deRver to Purchaser a statement (hereinafter . called the "Closing Representative Statemenr) reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents. warrants and agrees to lndemnlfy. reimburse, defend and hold Purchaser harmless from any and aU costs (Including attorney's fees) asserted against, Imposed on or incurred by Purchaser, directly or indirectly. pursuant to or In connection with the appUcation of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with. but not limited to. the Comprehensive Environmental Response. Compensation, and Uabirrty Ad of 1980. 42 U.S.C. Section 9601, et seq., rCERCLA" or "Superfund"). which was amended and upgraded by the Superfund Amendment and Reauthorization Ad-of 1986 rSARA"), including any. amendments or successor in function to. these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 1 0.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTlqES 11.01 Any notice, request, demand, instruction or other. communication to be given to either party hereunder shall be In writing, sent by facsimile with automated confirmation of receipt. or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: With a copy to: If to Seller: Alexandra Sulecki, Coordinator Conservation Comer Land Acquisition Program Coiner County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamlami Trail East Naples. Florida 34112 Telephone number: 239-n4-8400 Fax number: 239- n 4-0225 Glenda S. Beardsley. Tr. 4661 13" Avenue S.W. Naples, FL 34116-5131 Telephone number: Fax number: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of suoh change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue In effect for all purposes. ...-, XII. REAL ESTATE BROKERS 6 Agenda Item No. 16A5 July 27,2004 Page 11 of 14 CONSERVATION COLLER T8. ldentlfJc:8tion Number: 39492200007 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall Inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and . assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and l'eference only;;n no way do they define, describe, extend or fimit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used In this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be appficable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday. then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the .offer. to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation ColDer land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Comer County, Florida 13.09 If the Seller holds the Property In the form of a partnership, fimited partnership, corporation, trust or any form of representative capacity whatsoever for others. Seller shall make a written pubDc disclosure, according to Chapter 286~ Florida Statutes, under oath, at the name and address of every person having a beneficial int$r~.JrLthe ~roperty before Property held in such capacity is CONSERVATION COWER To: IdenUflcatlon Number: 39492200007 13.10 This Agreement is governed and construed in accordance with the laws of the State of Aorida. XIV. ENTIRE AGREEMENT Agenda Item No. 16A5 14.01 T.his Agreement and the exhibits attached hereto .contain the. esWll 2li. 2?~~ agreement between the parties. and no promise. representation, warran'Y Cijile 0 covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Aareement shall be of any force or effect unless made in writing and executed CONSERVATION COlLER T.. ldentIflc8tlon Number: 39492200007 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties. and no promise. representation, warranty or covenant not included In this Agreement or any such referenced agreements has been or Is being refied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both. Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATIEST: DWIGHT E. BROCK, Clerk , Deputy Clerk AS TO SELLER: DATED: WITNESSES: (Signature) (Printed Name) (Signature) (Printed Name) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN GLENDAS.BEARDSLEY, INDIVIDUALLY AND AS TRUSTEE 8 Agenda Item No. 16A5 July 27, 2004 Page 13 of 14 CONSERVATION COLLIER Tuldentlflc8tlon Number: 39492200007 EXHIBIT" A" TAX IDENTIFICATION NUMBER: 394922??oo7 LEGAL DESCRIPTION: THE EAST SEVENlY FIVE (75') FEET OF TRACT 26, GOLDEN GATE ESTATES, UNIT 53, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 93 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. . 9 Agenda Item No. 16A5 July 27, 2004 Page 14 of 14 -- EXECUTIVE SUMMARY - Recommendadon to approve an Agreement for Sale aooPurchase for 1.14 acres under the Conservation Collier Land Acquisition Pro2ram, at a cost not to exceed $11,600 (Cassidy). OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) aIid John P. Cassidy, Mary Ann Cassidy and Doris Cassidy. CONSIDERATIONS: On January 27, 2004. Agenda Item 10A,.theBpard approved a Collier Conservation Land Acquisition Advisory' Committee (cCLAAC) recommended Active Acquisition List, with changes, and directed stafitO actively pursue acquisitiPD of the properties under the Conservation Collier PrograJ1\. The Cassidy parcel, as referred to on the Acquisition Lisl, contains 1.14 acres and is located within Golden . Gate Estates.. Unit 53. In accordance with the approved Conservation Collier Purchasing Policy. the purchase price of $10,700 was based up()none independent, state- certified general real estate appraiser. The attached Agreement for Sale and Purchase provides that should the County elect not to close. this transaction for any reason. except for default by Cassidy, the County will pay Cassidy $107 as liquidated damages. . TheCCLAACappwved this. transaction on July 12, 2004 and voted to recommend Board approval and execution of the attached Agreement 1. Apptovethe attached Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Offi~; and - Agenda Item No. 16A6 July 27. 2004 Page 1 of 14 EXECUTIVE SUMMARY Conservation Collier - Agreement for Sale and Purchase - Cassidy Page 2 -, --, 2. AUthOri7.e Chainnan Piala to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 3. Authorize staff to prepare related vouchers and Warrants for payment; 4. Direct staff to procccd to acquire the property, to follow all appropriate closing procedures. and to record the deed and any and all necessary documents to obtain clear title to the property. Agenda Item No. 16A6 July 27,2004 Page 2 of 14 Conservation Collier Land Acquisition Program Project Design Report Date: June 22, 2004 Conservation Collier North Golden Gate Estates Unit 53 Location Map 45Tl'1 AVE ME CREW Trost lands SHAtlV lfOU.Ow BLVD E AVE_ 41ST AVE PIE 3tnl4VE NW SlIT~AVENe 31TH AVE NW Cassidy -1.14 acres Note: mark contains 2 properlies 35TM AVE NW ~ Ii ..-. 33RO AVE NW z ~ !!l I ~ :z: !!: i ~ ~ I g II> ... Z m EIlD 2>4Tli AVE NW 2>4THAVENE Z4THAVENE Property Owner: John P. Cassidy, Mary Ann Ignatius (deceased), and Doris Cassidy Folio(s): 39490520006 Location: Nonh Golden Gate Estates Unit 53, E 75Ff or W lSOFf of Tract 9 Size: 1.14 acres Appraisal/Offer Amount: $10.100 Historv ofProiect: Received application Approved for Purchase offer Offer Accepted purchase by BCe made to owners - Selected for the "An category. #1 priority. on the Active Acquisition List b CCLAAC 12/15103 1/27/04 4/19,{)4 7/24/04 16A6 July 27,2004 Page 3 of 14 Purpose ofProiect: Conservation Collier Proeram Oualifications: This is one of a number of parcels approved for acquisition that are part of a larger, multi-parcel, multi- owner project known as the North Golden Gate Estates (NGGE) Unit 53 Project. These parcels were considered in context of the whole project. The following identifies the ecological value, significance for water re.'X.'>Ufces, human values and aesthetics, vulnerability to development and management potential for this project. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re-growth over an historic fann field. Although the unit ha.~ been platted for development, at present there are no homes, streets are unpaved and there is no electric service. A search of cowny records, updated at the time of this writing, shows no construction penn its other !han one (for a Cence) have been i.~ued or under review. Soils, hydrology and extant plant species indicate that the entire unit is a seasonal wetland, with surface water present during rainy season and moist conditions remaining during dry season (excepting drought conditions when water tables may recede lower). The area contributes moderately to Lower Tamiami aquifer recharge (7-14 inches per year) and wetland dependant bird species were observed on site. A native terrestrial orchid specie.~ state listed as Threatened, Wild Coco (Eulophia alta) and a fern species, Royal fern (Osmwufa regalis) listed by the state as Commercially exploited were observed in abundance. No listed wildlife species were observed. however, the entire unit is considered part of Primary Zone panther habitat by the U.S. fish and Wildlife Conservation Commission and Black bear are known to inhabit adjoining public lands. _ This entire area is connected with South Florida Water Management District (SFWMD) lands which are 'known as the Corkscrew Regional Ecosystem Watershed, separated into CREW Trust conservation lands and the Audubon Corkscrew Sanctuary. Acquisition of NGGE Unit 53 would enhance, proteCt. buffer both areas and and provide access to CREW Trust lands. In regards to human values and aesthetics, conservation of this area would offer multiple opportunities for land-based natural resource recreation including potential for hunting if enough parcels can be acquired. As to vulnerability, this area is 1.oned for single-family residences and although none ha.ve been buill to date, pennits could be pulled at any time. In regards to management, once a group of contiguous parcels can be acquired, there is potential for a management partnership with the neighboring CREW Trust. Management would primarily consist of exotic removal and maintenance of existing unpaved roads to provide access to CREW trails. Expansion of trails into these lands is contemplated overtime. See the Initial Criteria Screening Report for full criteria evaluation. Proiected Manaeement Activities: Removal of exotic plants, construction of trails, parking and placement of fencing and signage are projected management activities. but these would not be done until more contiguous properties are acquired. - Agenda Item No. 16A6 July 27, 2004 Page 4 of 14 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A6 Recommendalion to approve an Agreemenl ror Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11.600 (Cassidy). 7/2712004 9:00:00 AM Senior Property Acquisition Specialist 7/6120049:39:12 AM Prepared By Cindy M. Erb Administrative Services Approved By Facilities Management Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 7/1112004 7:01 PM Approved By Pat lehnhard Date County Manaller's Office Administrative Assistant Office of Manallement & Budllet 7/1312004 10:"9 AM Approved By Date Marl< Isackson County Manager's Office Budget Analyst Office of Management & Budget 7/13/20041:38 PM Approved By Management & Budlle! Dlrec10r Date Michael Smykowski County Manager's Office Office of Management & Budget 7/14120044:43 PM Date Approved By James V. Mudd Board of County Commissioners County Manager Approved By County Manager's Office 71141200.. 5:"2 PM Charles E. Carrington, Jr., SRI WA Administrative Services Real Estate Services Manager Date Facilities "'anagement 7/6/200410:07 AM Approved By Date Sandra lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 7161200411:13AM Approved By Environmental Services Director Date William D. lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services 7/612004 12:43 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 71112004 8:46 AM Approved By Senior Environmental Specialist Date AI811andra J. Suleckl Community Development & Environmental Services Environmental Services 7/812004 9:32 AM Approved By Date Constance A. Johnson Community Development & Environmental Services O""ratlons Analyst Community Development & Environmental Services Admin. 719/20041:28 PM Agenda Item No. 16A6 July 27,2004 Page 5 of 14 CONSERVATION COWER Tax identification Number. 39490520006 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between JOHN P. CASSIDY and MARY ANN CASSIDY, his wife; and DORIS CASSIDY, whose address is 888 Dodge Court, Carol Stream, IL 60188-1329, (hereinafter referred to as -Seller"), and COLLIER COUNTY. a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples. FL 34112, (hereinafter referred to as .Purchaser"). WITNESSETH WHEREAS, SeUer is the owner of that certain parcel of real property (hereinafter referred to as .Property.), located in Comer County, State of Florida, and being more particularly described in Exhibit · A., attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: l AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit -A.. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price.) for the Property shall be Ten Thousand Seven Hundred Dollars ($1 0.700.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE .CLOSING DATE., .DATE OF CLOSING., OR .CLOSING.) of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser but not later than October 30, 2004 unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Coiner County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: . 3.011 Sener shall convey a marketable title 'ree of any fiens, encumbrances, exceptions, or quaftfications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be derlVered to the Purchaser the items specified herein and the following documents and Instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of r&gfH.lda Item No. 16A6 July 27,2004 1 Page 6 of 14 CONSERVATION COLLIER Tn ldentlflcatlon Number. 39490520006 3.0112 Combined Purchaser..seller closing statement. 3.0113 A -Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter In order to insure the -gap" and Issue the pelicycontemplated by the title insurance commitment 3.0114 A W-9 Form, "Request for Taxpayer Identification and CertifICation" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title peRcy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with ArtIcle III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01 , Florida Statutes, and the cost of racording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B l1t1e PoRcy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of . recording the Warranty Deed. Real Property taxe$ shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other appRcable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance POPCY (ALTA Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. purchaser shall have thirty (30) days, following receipt of the title insuranCe commitment, to notify Seller in writing of any objection to title other than Pens evidencing monetary ob6gations, if any, which ob6gations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable. Purchaser shall cleRver to the Seller written notice of its intention to waive the app6cable contingencies orto terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title In the manner herein required by thi&.~reeJT!8~ !!leN 16A6 title shall be deemed acceptable. Upon notification of PurchaWlj13~~ o. July 27, 2004 2 Page 7 of 14 CONSERVATION COllIER T8. 1dent"lcatIon Number: 39490520006 title. Seller shall have thirty {3D} days to remedy any defects in order to convey good and marketable title, except for fiens or monetary obfigalions which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said Objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor 6censecl by the State of Florida NO adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit aAa, if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of ex9Cl.Jtjon of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (go) days from the date of this Agreement, ("Inspection Period-), to determine through appropriate investigation that: 1. The Property is in compfiance with all appficable State and Federal environmental laws and the Property is free from any pollution or contamination. 2. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shan deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to termInate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchas&r and its agents. employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible for any Joss or damages occasioned thereby. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller aCknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable. after closing on the Property, shall be prorated at Closing based upon the gross amount of 2003 taxes, and sbilll beN 16A6 paid by Seller. Agenda Item o. July 27, 2004 3 Page 8 of 14 CONSERVATION COWER Tuldentlflcatlon Nu~r. 3949052000S , , IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants andlor agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option. terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or In equity to a contract vendee, including the right to seek speclfic performance of this Agreement. 9.02 If the. Purchaser has not terminated this Agreement pursuant to any of the pro~sions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and concfltions of this Agreement as required on the part of Purchaser to be performed. provided Seller Is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent ~ of the purchase price shall be paid to Seller as rtquldated damages which shall be Seller's. sole and exclusive remedy, and neither party shall have any further Habirlty or obligation to the other except as set forth in paragraph 12.01, CReal Estate Brokers). hereof. The parties . acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount. of liquidated ~mages was reasonably determined by. mutual agreement between the parties. and said sum was not Intended to be a penalty In nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller Is not presently the subject of a pending, threatened or contemplated bankrUptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute. denver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, . certified copies of such approvals shall be delivered to Purchaser andlor Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represel'lts that it has no knowledge of any actions, suits, claims, proceedings, litigation or Investigations pending or threatened against Seller. at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement 10.015 No party or person other than Purchaser has any rklht or octipn to acquire the Property or any portion thereof. Agenda Item No. 16A6 July 27,2004 " Page 9 of 14 CONSERVATION COLLER Tuldenrnlcatlon Number: 39490520006 10.016 Until the date fixed for Closing, so long as this Agreement remains In force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. . 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, If any, is discharged into a publiC sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage~ transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined In appficable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any appficable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calfing attention to the need for any. work, repairs, construction, alterations or installation on or in connection with the Property In order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property. and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Pro~rty. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for pubRc improvement assessments, pay.back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings orgovemmental investigations or requirements, formal or Informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement 10.021 Seller acknowledges and agrees that Purchaser Is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained In the foregoln~r!e.reS#HlwtionsN 16A6 and of any notice or proposed change in the zoning, or anrem~BN"a( o. July 27,2004 5 Page 10 of 14 CONSERVATION COLLIER Tallldent"lcatIon Number: 39490520006 notice, that may be proposed ~~ 'pi6rri~lgitt:;c.IJf any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall defiver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as ot the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs Oncluding attomey's fees) asserted against, imposed on or'incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state,locaI or common law relating to pollution or protection of the environment which shall be in accordance with, but not nmited to"the Comprehensive Environmental Response, Compensation, and UabifJty Act of 1980,42 U.S.C. Section 9601, et seq.,("CERCLA" or "Superfuncr). which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARN), including any, amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Properly between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instructiOn or other communication to be given to either party hereunder shall be In writing, sent by facsimile with automated confirmation of receipt. or by registered, or certified mail, retum receipt requested, postage prepaid, addressed as follows: If to Purchaser: With a copy to: If to Seller: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Or. Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: '239-213.2960 Ellen T. Chadwell Assistant County Attorney Office of the County Attomey Administration Building 3301 Tamiami Trail East Naples, FlOrida. 34112 Telephone number: 239-774-8400 Fax number: 239-V4-0225 Johi'\ P. & MaryAnn Cassidy 888 Dodge Court Carol Stream, IL 60188-1329 Telephone number: Fax number: 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective addreSS stated herein shall be deemed to continue in effect for all purposes. 6 Agenda Item No. 16A6 July 27 I 2004 Page 11 of 14 CONSERVATION COlLIER T.x ldenttllcatlon Number: 39490520006 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser hannless from and against any claim or 6ability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the tenns of a separate agreement, If any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed In any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or fimit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words u~ in this Agreement, regardless of the number and gender in which u~, shall be deemed to include any other gender or number as the context orthe use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal hOfiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the.offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation ColDer land AcquisItion Advisory Committee, and acceptance and approval by the Board of County Commissioners of Comer County, Florida 13.09 If the Seller holds the Property In. the fonn of a partnership, imited partnership, corporation, trust or any fonn of representative capacity whatsoever for others, Seller shall make a written pubrlC disclosure, according to Chapter 286, Florida Statutes. under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacltyis conveyed to Comer County. (If the corporation Is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. 7 Agenda Item No. 16A6 July 27,2004 Page 12 of 14 CONSERVATION COWER Tax IdentIftcItIOn Number: S94t0520008 XIV. ENTIRE AGREEMENT I I 14.01 This Agreement and the exhibits attached hereto con~n the entire agreement between the parties, and no promise. representatioi warranty or covenant notlncluded In this Agreemen. t or any such referenced a eemen ts has been or Is being relied upon by either party. No modification or mendment of this Agreement shan be of any force or effect unless made in writlo and executed and dated by both Purchaser and Seller. TIlT18 Is of the es;ence of this Agreement. . IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated ProjecVAcquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK. Clerk . Deputy Clerf< AS TO SELLER: DATED: WITNESSES: ~1-P~ c.ClSSidir p~~ (Printed Name) WITNESSES: 5 BOARD OF COUNTY COM ISSIONERS COLLIER COUNTY. FLORI A BY: DONNA FIALA. CHAI a Ptgenda Item No. 16A6 July 27, 2004 Page 13 of 14 CONSERVATION COL1.IER To: IdenflfIc:.tIon Number. 39490520006 WITNESSES: Approved as to form and legal sufficiency: fa... 0ILL~ Enen T. Chadwell Assistant County Attomey I l I I I i ~C~ DORIS CASSIDY I , 9 I I 1genda Item No. 16A6 July 27, 2004 Page 14 of 14 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale aDd Purcbase for 1.59 acres UDder the ConservatioD Collier Land AcquisitioD Program, at a cost not to exceed $16,000 (BamiltoD). OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Donald F. Hamilton. CONSIDERA nONS: On January 27. 2004, Agenda Item lOA. .the Board approved a COllier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes. and directed staff to actively pursue acquisition of the properties under the Conservation CoUierProgram. The Hamilton parcel, as referred to on the Acquisition List. contains 1.59 acres and is located within Golden Gate Estates, Unit 53. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $15,000 was based upon one independent. state- certified general real estate appraiser. The attached Agreement for Sale and Purchase provides that should the County elect not to close this transaction for any reason, except for <iefaultby Hamilton. the County will pay Hamilton _ $150 as liquidated damages. The CCLAAC approved this transaction on July 12. 2004 and vOted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63. Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office and Environmental Services Department. FISCAL IMPACf: The total cost of acquisition will .not exceed $16,000 ($15.000 for the property. $2.50 for appraisals. $250 for the Environmental Task Audit I, and approximately $500 for title commitment, title. policy. and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of July 12. 2004 property costs for Conservation Collier properties under contract, including this property, total $23.927.200. , ' GROWTII MANAGEMENT IMP ACf: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. RECOMMENDATION: Staff is recommending the Board of County Commissioners: - 1. Approve the attached Agreement and accept the Warranty Deed once. it has. been received and approved by the County Attorney's Office; and Agenda Item No. 16A7 July 27. 2004 Page 1 of 14 EXECUTIVE SUMMARY Conservation Collier - Agreement for Sale and Purchase - Hamilton Page 2 _. ~, 2. Authorize Chairman Fiala to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 3. Authorize staff to prepare related vouchers and Warrants for payment; and 4. Direct staff to proceed to acquire the property. to follow all appropriate closing procedures, and to record the deed and any and all necessary documents to obtain clearlitle to the property. Agenda Item No. 16A7 July 27,2004 Page 2 of 14 Conservation Collier Land Acquisition Program Project Design Report Date: June 22. 2004 Conservation Collier North Golden Gate Estates Unit 53 Location Map I CREW Trust lands 4l5TKAW HI! SHADY HOU.OW 8LVO Ii AVE NW 4l1ST'AVENE 31TH/ME NW SlITtlAVl! HE 3TTli ",Vi. HE HamUton - 1.59 acres 31TH AVE NW 35TH AVE NW 35TK AVE HE 33RO AVE NW 1! 33RO "'VE HE z ,......-.'" ~ .. ~ g ~ ~ ~ !l ~ !!l !S '" ~ .. ... ... z I I I I ... r;lItl 2.Tli AVE NW :N'nl Ave HE :NTH AVE HE PrOJ>erty Owner: Donald F. Hamilton Size: 1.59 acres AppraisaVOffer Amount: $15.000 History of Proiect: Received Selected for the Approved for Purchase offer: Offer Accepted application "A" category. #1 purchase by BeC made CO owners priority. on the Active Acquisition List by CCLAAC 7/11104 12/15103 1/27104 4/19104 1+"'..... IIJn - .""......... 16A7 July 27,2004 Page 3 of 14 Puroose ofProiect: Conservation Collier Proeram Qualifications: This is one of a number of parcels approved for acquisition that are part of a larger, multi-parcel, multi- owner project kllown as the North Golden Gate Estates (NGGE) Unit 53 Project. These parcels were considered in context of the whole project. The following identifies the ecological value. significance for water resources, human values and aesthetics, vulner.mility to development and management potential for this project. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated bycyptesS and red maple swamp and the remainder by nalive and exotic re-growth over an bisuxic rann field. Although the unit bas been platted for development, at present there are no. homes, streets are unpaved and there is no electric service. A search ,of county records, updated at the time of this writing, shows no oonstroction pennits other than one (for a fence) have been issued or under review. Soils, hydrology and extant plant species indicate that the entire unit is a seasonal wetland, with surface water presertt during rainy season and moist conditions remaining during dry season (excepting drought conditions when water tables may recede lower). The area contributes moderately to Lower Tamiami aquifer recharge (7-14 inches per year) and wetland dependant bird species were observed on site. A native terrestrial otchid species state listed as Threatened, Wild Coco (Eulophia alt,,) and a fem species, R.oyal fern (O~'mumJa regalis) listed by the state as Commercially exploited were observed in abundance. No listed wildlife species were observed, however, the entire unit is considered part of Primary Zone panther habitat by the U.S. fish and Wildlife Conservation Commission and Black bear are known to inhabit adjoining public lands. -- This entire area is connected with South Florida Water Management District (SFWMD) lands which are known as the Corkscrew Regional Ecosystem WaterShed, separated into CREW Trust conservation lands and the Audubon Corkscrew Sanctuary. Acquisition of NGGE Unit 53 would enhance, proteCt. buffer both areas and and provide access to CREW Trust lands. In regards to human values and aesthetics, conservation of this area would offer multiple opportunities for land-based natural resource recreation including potential for hunting if enough parcels can be acquired. A'i to vulnerability, this area is zoned for single-family residences and although none have been built to date, pemntscould be pulled at any time. In regards to management, once a group of contiguous parcels can be acquired. there is potential for a management partnership with the neighboring CREW Trust. Management would primarily consist of exotic removal and maintenance of existing unpaved roads to provide access to CREW trails. Expansion of trails into these lands is contemplated over time. See the Initial Criteria Screening Report for full criteria evaluation. Proiected Man82ement Activities: Removal of exotic plants, construction of trails, parking and placement of fencing and signage are projected management activities. but these would not be done until more contiguous properties are acquired. -' Agenda Item No. 16A7 July 27,2004 Page 4 of 14 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS leA7 Recommendalion to approve an Agreemenl for Sale and Purchase of 1 .59 acres under the Conservation Collier land Acquisition Program. at a cost not to exceed $16,000 (Hamillon). 712712004 9:00:00 AM Prepared By Cindy M. Erb Administrative Se",ices Senior Property Acquisition SpeciaUst 7/212004 12:29:55 PM Approved By Facilities Management Joseph K. Schmitt Community D.v.lopm.nt & Environm.ntal S."'ius Community D.v.lopm.nt & Environm.ntal Services Admlnstrator Date Community D.velopm.nt & Environm.ntal Services Admin. 7/11/20047:03 PM Approved By Date Pat Lehnhard County Manag.r's Offic. Administratlv. Assi.tant Offic. of Managem.nt & Budg.t 7/13/200410:52 AM Approved By Oat. Mark I.ackson County Manag.r'. Offic. Budg.t Analyst Offiu of Manag.m.nt & Budg.t 7/13/2004 1 :31 PM Approved By Oat. Michael Smykowski County Manag.r's Offic. Manag.m.nt & Budg.t DIr.ctor Offic. of Managem.nt & Budg.t 7/14/20044:53 PM Approved By Oat. James V. Mudd Board of County Commission.rs County Manager County Manag.r's Offiu 1/15/20041:14 PM Approved By Oat. Sandra Lea Community O.v.lopm.nt & Environm.ntal S.rvlc.s Eucutlv. Secretary Community D.v.lopm.nt & Environm.ntal S.rviu. Admin. 7/212004 1 :41 PM Approved By Charl.s E. Carrington, Jr., SRI WA Administratlv. S.rvic.s Real Estat. S.rvices Manag.r Data Facilitl.s Manag.m.m 1/2120042:18 PM Approved By Skip Camp, C.F.M. Data Administratlv. S."'Ic.. Facilltl.. Manag.m.nt Director Facilitl.. Manag._nt 7/2120043:00 PM Approved By Environmental Servic.s Dlr.ctor Oat. William D. Lorenz, Jr., P.E. Community Dev.lopment & Environmental S."'Ic.. Environm.ntal Service. 116/200412:44 PM Approved By S.nior Environm.ntal SpeciaU.t Date A1.xandra J. Sulecki Community Developmem & Environm.ntal S."'lc.. Environm.ntal S."'ice. 1/8/20049:35 AM Approved By Data Con.tance A. Johnson Community D.v.lopm.nt & Environmental S.rvlces Operations Anatyst Community Dev.lopm.nt & Environmental S.rvlc.s Admin. 71912004 1 :32 PM ^geRd:a IteA'l ~Ig 1a^7 July 27. 2004 Page 5 of 14 CONSERVATION COLLER Tax identifICation Number. 39490680001 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered Into by and between DONALD F. HAMILTON, whose address is 85-09 217" Street, Queens Village, NY 11427.1427, (hereinafter referred to as wSeller"), and COLUER COUNTY, a political subdivision. of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as wProperty"), located in Comer County, State of Florida. and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the concfrtions and other agreements hereinafter set forth, and Seller Is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and inconsideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Rfteen Thousand Dollars ($15,000.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser but not later than October 31, 2004, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Comer County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties In connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or quafifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be derlVerecf to the Purchaser the items specified herein and the following documents and Instruments duly executed and acknowledged, In recordable form: 3.0111 Warranty Deed In favor of Purchaser conveying title to the Property, free and clearot all liens and encumbl'ances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement Agenda Item No. 16A7 July 27, 2004 1 Page 6 of 14 CONSERVATION COLlER Tax ldentl'1Cation Number. 39490680001 3.0113 A "Gap,. Tax Proration, Owner's and Non-Foreign Affidavit: as required by Section 1445 of the Internal Revenue Code and as required by the title Insurance underwriter In order to insure the "gap" and issue the polley contemplated by the title Insurance commitment 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) In .an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title polley to Purchaser in accordance with the commitment Immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing In accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, In accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Poftcy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purcha.sef shall pay for the cost Of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's . tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article. Purchaser anellor Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Wrthin fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTAForm B-1970) covering the Property, together with hard copies of all exceptions shown thereon. purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obftgations, if any, which obDgations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deDv$( to the Seller written notice of its Intention to waive the appncable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of. any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for Dens or monetary obligAlgesaialiltemnNo. 16A7 be satisfied at Closing. Seller, at its sole expense, shall use its best eHod~ly 27, 2004 2 Page 7 of 14 CONSERVATION COLLER Tax identifICation Number: 39490680001 make such title good and marketable. In the e\lentSeller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (3O) day period, may accept title as it then Is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown In the title commitment. 4.013 Purchaser shall have the option. at its own expense, to obtain a current survey of the Property prepared by a surveyor ficensed by the State of Florida No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit -A-,if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, (-Inspection Period-), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabirlzation or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compnance with aU appncable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utifized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period. written notice of its Intention to waive the appncable contingencies or to terminate this Agreement If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser Is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soli testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible for any loss or damages occasioned thereby or as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection Of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. 3 Agenda Item No. 16A7 July 27,2004 Page 8 of 14 CONSERVATION COlLIER Tax ldentiIicatiOn Number. 39480680001 VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2003 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have falled to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies avallable at law or in equity to a contract venclee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser falls to close the transaction contemplated hereby or otherwise falls to perform any of the terms., covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon 2!!.i percent (10/0} of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further 6abinty or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties. and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller IS not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right. power, and authority to own and operate the Property, and to execute, denver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. Allnecessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser andIor Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions.of this Agreement. 10.014 Seller represents that it has no knowledge of any actions. suits, claims. proceedings, litigation or Investigations pending or threatened A.g$Bd8eIt8ratNo. 16A7 law. equity or in arbitration before or by any federal, state, municipal or dlDly 27. 2004 4 Page 9 of 14 CONSERVATION COLLER Tax IdentiIication Number. 39490680001 governmental instrumentality that relate to this agreement or any other property that could, if continued. adversely affect Seller's abifity to sell the Property to Purchaser according to the terms of this Agreement 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof; without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents. that there are no incinerators, septic tanks or cesspools on the Property; all waste,if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been diSCharged from the Property, directly or indrectly into any bocIy of water. Seller represents the Property has not been used for the production. handling. storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any WOrk,. repairs, construction. alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no. maintenance, construction. advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bOnd issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements,. road expansion or improvement agreements, utiGty moratoriums, use moratoriums, Improvement moratoriums, administrative or other proceedings or governmental investigations or requirements. formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder, nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement 10.021 Seller acknowledges and agrees that Purchaser is entering Into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the eff~EmdadtelllsNo. 16A7 Agreement up to and including the Date of Closing. Therefore, Seller agt.., 27, 2004 5 Page 10 of 14 CONSERVATION COLLIER Tax identifICation Number. 3949Q680001 not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change In the facts contalned in the foregoing representations . and of any notice or proposed change in . the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other conc:frtion of the Property. 1 0.0~ At the Closing, . Seller shall denver to purchaser a statement (!lereinafter called the .Closlng Representative Statement") reasserting the foregoing representations as of the Date ()f Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all COst$ Qncluding attorney's fees) asserted against, imposed on or incurred by Purchaser, c1irectly or indirectly, pursuant to or in connection With the application of any federal, state, . local or common law relating to pollution or protection of the environment which shall be In accordance with, but not limited to, the Comprehensive Environmental Response, Compensation. and Uability Ad of 1980,42 U.S,C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 (.SARA"), inclucling any amendments or successor In function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss. and/or damage to the Property between the date of this Agreement and the date of Closing shall be Sellel's sole risk and expense. XI. NOTICES 11.01 Any notice. request, demand, Instl\lction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: With a copy to: If to Seller: Alexandra Sulecki, Coordinator Conservation Colfier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 341 04 Telephone number: 239-732-2505 Fax number: 239-213.2960 Ellen T. Chadwell Assistant County Attorney Office of the County Attomey Administration. Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number:.239-n4-8400 Fax number: 239-774-0225 Donalcl F. Hamilton 85-09 21-'" Street Oueens Village. NY 11427-1427 Telephone number: 718-465-7980 Fax number: 718-465-7980 11.02 The addressees and numbers for the purpose of thisAganl1C1'\~Ib:lNo. 16A7 changed by either party by giving written notice of such change to the other ~ 27, 2004 6 Page 11 of 14 CONSERVATION COLLER Tax Identfficaljon Number. 39490680001 in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue In effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnIfy Purchaser and hold Purchaser harmleSs from and against any claim or fiabinty for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed In any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement Is executed by both parties and shall Inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or fimit the scope or Intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal horlday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the .offer" to purchase represented by this Agreement is subject to review and recommendation tor approval by the Conservation Comer Land Acquisition Ad>Asory Committee, and acceptance and approval by the Board of County Commissioners of ColDer County, Florida 13.09 If the Seller holds the Property in the form of a partnership, Rmited partnership, corporation, trust or any form of representative capacity Whatsoever for others, Seller shall make a written pubUc disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held .'n such capacity is conveyed to Coiner County. (If the corporation Is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Aorida Statutes, whose stock is for sale to the general public, it is hereby..*dbenl8No. 16A7 provisions of Chapter 286, Florida S1atutes.) July 27, 2004 7 Page 12 of 14 '. CONSERVATION COWER Tax IdlIntifiC8t.lOn Number. ...90680001 Statutes. whose stock Is for sale to the general public, It is hereby exempt from the provisions of chapter 286, Florida Statutes.) 13.10 This Agreement is govemed and construed In accordance with the laws of the State of Florida. XlV. ENTIRE AGREEMENT 14.01 This Agreement. and the exhibits attached hereto contain the entire agreement between the parties, and no promise. representation, warranty or covenant not included in this Agreement or arrf such referenced agreements has been or is being reUed upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in wrilingandeX8Cl,Jted and dated by boIh Purchaser and seller. Tlmeis of the essence of this Agreement. IN WITNESS WHEREOF. the parties hereto set forth their hands seals. Dated project/Acquisition Approved by BCC: !\S TO PURCHASER: DATED: ATTEST: DWtGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLUER COUNTY. FLORIDA BY: DONNA FIALA, CHAIRMAN . Deputy Clerk !'oS TO SELLER: DATED: sh., Jo~ , , WITNESSES: )j~ ~~~ DONALD F. HAMILTON oo~J>~ (Printed Name) ~~~ IS_ro). . ' ~~'\a 11~€~ (Printed Name) Approved as to form and legal suffICiency: ttb~~ Ellen T. Chadwell Assistant County Attorney 8 Agenda Item No. 16A7 July 27, 2004 Page 1,3 of 14 .,~,........~ .i . _.._.__._.... ...._...i:..~ CONSERVATION COLLER Tax ldentlication Number. 39490680001 EXHIBIT "A" TAX lDENTlACATION NUMBER: 39490680001 LEGAL DESCRIPTION: THE EAST ONE HUNDRED FIVE (1051 FEET OF THE EAST ONE HUNDRED EIGHTY (180') FEET OF TRACT 10, UNIT 53 GOLDEN GATE ESTATES. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 93 IN THE PUBLIC RECORDS OF COlliER COUNTY. FLORIDA 9 Agenda Item No. 16A7 July 27, 2004 Page 14 of 14 - EXECUTIVE SUMlVIARY Recommendation to approve aD Agreement for Sale andPurcbase for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $26,100 (Hanson). OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) betwccn the Board of County Commissioners (Board) and Dorothy P. Hanson. CONSlDERA nONS: On January 27, 2(X>4, Agenda Itcm lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Progrdm. The Hanson parcel, as referred to on the Acquisition List, contains 2.27 acres and is located within Golden Gate Estates, Unit 53. In accordance with the approved Conscrvation Collier Purchasing Policy, the purchase price of $25,000 was based upon one independent. state- certified general real estate appraiser. The attached Agreement for Sale and Purchase provides that should the County elect not to closc this transaction for any reason, except for default by Hanson, the County will pay Hanson $250 as liquidated damages. - The CCLAAC approved this transaction on July 12, 2004 and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section ] 3(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewcd and approved by the County Attorncy's Oft1ce and Environmental Scrvices Department. FISCAL IMPACT: The total cost of acquisition will not exceed $26,100 ($25,000 for the property, $250 for appraisals, $250 for the Environmental Task Audit I, and approximately $600 for title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conscrvation Collier Trust Fund (172), As of July 12, 2004 property costs for Conservation Collier propertics under contract, including this property, total $23,927,200. GROWTH MANAGEi\.fENT IMPACT: Fcc simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (e) in the Conscrvation and Coastal Management Element of the Collier County Growth Management Plan. RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Onke~ and - Agenda Item No. 16A8 July 27, 2004 Page 1 of 14 EXECUTIVE SUM.MARY Conservation Collier - Agreement Cor Sale and Purchase _ Hanson Page 2 2. Authorize Chairman Fiala to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 3. Authorize staff to prepare related vouchers and Warrants for payment; and 4. Direct staff to proceed to acquire the property, to follow all appropriate closing procedures, and to record the deed and any and all necessary documents to obtain clear tille to the property. - "-" Agenda Item No. 16A8 July 27, 2004 Page 2 of 14 Conservation Collier Land Acquisition Program Project Design Report Date: June 22, 2004 Conservation Collier North Golden Gate Estates Unit 53 Location Map CREW Trust lands 451 H A'lL NE SHADY HOllOW BL VO W 5~IAOY HOl.LO'o'I BLVD E II VE IN! 41ST AVE HE 39TH WE NW 39lHAVE NE Hanson - 2.27 acres J7TH AVE NW z 35TH /IV( NW ~ J3RO AVE rNI (/1 o z i'! .. " '" '" Z -I -< Z 0 ::t ::r 0 ~ .. .. (Jl ... -I -I Z i z ~ m :E 25TH AV NW 25TH A'll HE EERO 2;TH AVE NW 24TH A'll NE 24TH Ave Nt Property Owner: Dorothy P. Hanson Fo(io(s): 39493040004 Location: North Golden Gale Estates Unit 53, Size: 2.27 acres AppraisaVOffer Amount: $25,000 History of Pro iect: Received application I Selected for Ihe I "A" category, #1 I priori ty, on I he Active Acquisition List by CCLAAC I 11/15/03 Approved for Purchase offer I Offer Accepted purchase by BCC made 10 owners i -, ;"/18/03 1127/04 I 4722104 A1jeWtnlltem No.1 16A8 July 27, 2004 Page 3 of 14 Purpose of Proiect: Conservation Collier Pr02ram Qualifications: This is one of a number of parcels approved for acquisition that arc part of a larger, multi-parcel, multi- owner project known as the North Golden Gate Estates (NGGE) Unit 53 Project. These parcels were considered in context of the whole project. Il1e following identities the ecological value, significance for \vater resources, hwnan values and aesthetics, vulnerability to development and management potential lor this project. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re-growth over 'm historic farm field. Although [he unit has been plalled for development, at present there are no homes, strccl." are unpaved and there is no electric service. A search of COUnty record;;, updated at the time of this writing, shows no construction perulits other than one (for a fence) have been issued or under review. Soils. hydrology and extam plant species indicate that the entire unit is a seasonal wetland, with surface water present during rainy season and moist conditions remaining during dry season (excepting drought conditions when "vater tables may recede lower). The area contributes moderately to Lower Tamiami aquifer recharge (7-14 inches per year) and wetland dependant bird species were observed on site. A n:.l!ive terrestrial orchid species stale listed as TIlfeatened, Wild Coco (Eulophia alIa) and a fem species, Royal fem (Osmunda regalis) listed by the Slate as Commercially exploited were observed in abundance. No listed wildlife species were observed, however, the entire unit is considered part of Primary Zone panther habitat by the V,S. fish and Wildlife Conservation Commission and Black bear are known to inhabit adjoining public lands. TIlis emire area is connected with South Florida Water Management District (SFW1vID) lands which are known ac; the Corkscrew Regional Ecosystem Watershed, separated into CREW Trost conservation lands and the Audubon Cork<;crew Sanctuary, Acquisition of NGGE Unit 53 would enhance, protect, buffer bo1l1 area" and and provide access to CREW Trust lands. In regards lO human values and aesthetics, conservation of this area would offer multiple opportunities for land-ba'icd natural resource recreation including potcmiallor hunting if enough parcels can be acquired. As to vulnerability, this area is zoned for single-family residences and although none have been built to date. pennits could be pulled at any time. In regards to management, once a group of contiguous parcels can be acquired, there is potential for a management partnership with the neighboring CREW Trust. Management would primarily consist of eXOlic removal and maintenance of existing unpaved roads to provide access to CREW trails. Expansion of trJils into these lands is contemplated over time. See the Initial Criteria Screening Report for fun criteria evaluation. Proiected Manaeement Activities: Removal of exotic plants, construction of [mils, parking and placement of fencing and signage are projected management activities. but these would not be done until more contiguous properties are acquired. ,,- Agenda Item No. 16A8 July 27, 2004 Page 4 of 14 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ',6A8 RecomrneiK1ation to approve an Agreemenl for Sale and Purchase of 2.27 acres under the Conservation Collier Land AcquIsition Program, at a cost not to excee,j 526,100 (.Hanson). 7127120049:00,00 AM Prepared By Cindy M. Erb AdmInistrative Services Senior Property Acquisition Speciatist 712/200412:37:05 PM Facilities Managemel,t Approved By Joseph K, Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 7111120047:04 PM Approved By Administrative Assistant Date Pat Lehllhard County Manager's Office Office of Management & Budget 7113/200410:53 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 7113/2004 1:32 PM Michael Smykowski Management & Budget Director Date Approved By County Manager's Office Office of Management & Budget 711412004 4: 54 PM James V, Mudd County Manager Date Approved By Soard of County Commissioners County Manager's Office 7115/2004 1 :24 PM \pproved By Date Sandra Lea CCf'<1munity Development & Environmental Serv!ces Executive Secretary Community Development & EnVIronmental Services Admin. 71212004 1 :47 PM Appro'oed By Charies E, Carrington, Jr.. SRI 'NA Administrative Services Real Estate Services Manager Date Facjlit~es Management 7 '2/2004 2: 18 PM Skip Camp, CFM, FacHities Management Director Date Approved By Admin istrative Services facilities Management 7/2120043:00 PM Approved By William D, Lorenz, Jr" P.E, Community Development & Environmental Seniices Environmental Services Director Date Environmental Senrices 7161200412:48 PM ,\pproved By Operations Analyst Date Constance A. Johnson CGlr:rniJnity Dev0loprmwt & E:p,:ironrnental Services COfnrnonity O-eve!oprnent & ;:.:nvironmental Services Admin. 7'0/20041 :37 PM ;-:=GIOr Environmental Spe<:~alist Date Approved By Alexandra J. Sulecki ':::::Jmmunity D~,veloprn(:nt & (-:'~vironmenta! S0rvices ,::: :'lv!r~nment3i Servic~~s 7!9/2004 2:56 PM "'9'ilnd:alt'ilR1 ~IQ 16Al3 July 27, 2004 Page 5 of 14 CONSERV A TION COlliER Tal( ldentillcation Number: 39493040004 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between DOROTHY P. HANSON, whose address is 7500 York Avenue South, Apt. 601, Edina. MN 55435-4751, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East. Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"). located in Collier County, State of Florida, and being more particularly described in Exhibit "N. attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth. and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Twenty Five Thousand Dollars ($25,000.00), (U.S. Currency) payable at time of closing. HI. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser but not later than October 30, 2004, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office. Administration Building, 3301 Tamiami Trail East. Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements. restrictions or conditions of record. Agenda Item No. 16A8 3.0112 Combined Purchaser-Seller closing statement. July 27, 2004 Page 6 of 1 L1. CONSERVATION COLLIER Tax identification Number: 39493040004 3,0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the Mgap. and issue the policy contemplated by the title insurance commitment 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the TItle Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto. and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense. shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4-01 1 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Poticy (AL T A Form B-1970) covering the Property. together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment. to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable. Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notIfication of Purchaser's objection to title. Seller shall have thirty (30) days to remedy any defects itA:gen~cijef3tNo. 16A8 good and marketable title. except for liens or monetary obligations Whict:jlltJ~ 27, 2004 . Page 7 of 14 CONSERVATION COLLIER Tax identification Number: 39493040004 be satisfied at Closing. Seller. at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (3D) day period, may accept title as it then is. waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property. if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, rlnspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation. Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of insoection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses. soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible for any loss or damages occasioned thereby. Seller shall be notified by Purchaser no less than twenty.four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser. or its authorized agents. shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Agenda Item No. 16A8 July 27, 2004 Page 8 of 14 CONSERV A TON COLLIER Tax identification Number: 39493040004 VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2003 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default. then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon ~ percent (1 %) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further nability or obligation to the other except as set forth in paragraph 13.01. (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 'J.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. x. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10014 Seller represents that it has no knowledge of any actions. suits, claims. proceedings. litigation or investigations pending or threatened ~ael~rratNo. 16A8 July 27,2004 .; Page 9 of 14 CONSERVA nON COLLIER Tax identification Number: 39493tl40004 law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued. adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance. encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production. handling, storage, transportation. manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were iocated on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation. or of any notice from any governmental body has been served upon Seller claiming any violation of any law. ordinance, code or regulation or requiring or calling attention to the need for any work, repairs. construction. alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising. management. leasing, employment, service or other contracts affecting the Property. 10,020 Seller has no knowledge that there are any suits. actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements. road expansion or improvement agreements, utility moratoriums, use moratoriums. improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10,021 Seller acknOWledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physiC~OO& l!efJleNo. 16A8 Prcperty to change from its existing state on the effective date ofJ~ 27, 2004 c. Page 10 of 14 CONSERVATlON COLLIER Tallldentiflcatlon Number: 39493040004 Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the .Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attomey's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state. local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.42 U.S,C. Section 9601, et seq., (.CERCLA~ or .Superfurn:r). which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid. addressed as follows: If to Purchaser: With a copy to: If to Seller: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8400 Fax number: 239-774-0225 Dorothy P. Hanson 7500 York Avenue South, Apt. 601 Edina, MN 55435-4751 T a/ephone number: Fax number: Agenda Item No. 16A8 July 27, 2004 Page 11 of 14 CONSERVATION COllIER Talllclentillcation Number; 39493040004 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only. unless and until such written notice is received. the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker. salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement. if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constiMe the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs. executors. personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used. shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted. and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday. then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County. Florida. 13.09 If the Seller hoids the Property in the form of a partnership. limited partnership, corporation. trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure. according to Chapter 286. Forida Statutes. under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered AigeOOa=~INo. 16A8 Secuntes Exchange Commission or registered pursuant to Chapter 517, Fld~ 27, 2004 Page 12 of 14 CONSERVATION COLUER Tax Identification Number: 39493040004 Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286. Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated ProjecVAcquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN , Deputy Clerk AS TO SELLER: DATED~hJRj cl7 -' U/J 1- WITNESSES: ~g~ a f~/ (Signature) . E h.; e .4 [0 81't E~tJN (Print~ Name) U~1./,lL- (Sig~?lure) ~, ~ i1 L. a. ---LL &.1., e- (Printed Name) Cd~ ~~/ DOROTHY P NSON Approved as to form and legal suHiciency: ~~~ ~lIen T. Chadwell Assistant County Attorney 8 Agenda Item No. 16A8 July 27, 2004 Page 13 of 14 ..,,-.-., CONSERVATION COlliER Tax identification Number: 39493040004 EXHIBIT "A" TAX lDENT1FICIATION NUMBER: 39493040004 LEGAL DESCRIPTION: THE WEST ONE HUNDRED FIFTY (150') FEET OF TRACT 35. UNIT 53 GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 93 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ') Agenda Item No. 16A8 July 27, 2004 Page 14 of 14 EXECUTIVE SU~IlVIARY -- Recommendation to approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Pro2ram, at a cost not to exceed $11.600 (McBride). OBJECTIVE: Request approval and execution of thc attached Agreemcnt for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Stephcn R. McBride. CONSIDERATIONS: On January 27,2004, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Aetive Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The McBride parcel, as referred to on the Acquisition List, contains 1.14 acres and is located within Golden Gatc Estates, Unit 53. In accordance with the approved Conscrvation Collier Purchasing Policy, the purchase pricc of $10.700 was based upon one independcnt, state- certified general real estate appraiser. The attached Agreement for Salc and Purchase provides that should the County elect not to c10sc this transaction for any rcason, except for default by McBride, the County will pay McBride $107 as liquidated damages. - The CCLAAC approved this transaction on July 12, 2004 and voted torccommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003*63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has becn reviewed and approved by the County Attorney's Office and Environmental Services Department. FISCAL IMPACT: The total cost of acquisition will not cxeeed $11,600 ($10,700 for the property, $250 for appraisals, $250 for the Environmcntal Task Audit I, and approximately $400 for titlc commitment, title policy, and recording of documcnts). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of July 12, 2004 property costs for Conservation Collier properties under contract, including this property, total $23,927,200. GROWTH MANAGEMENT L'\fPACT: Fcc simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (c) in the Conservation and Coastal Management Elemcnt of thc Collier County Growth Management Plan. RECOMMENDATION: Staff is recommcnding thc Board of County Commissioncrs: 1. Approve the attached Agreement and accept thc Warranty Deed once it has been received and approved by the County Attorney's Officc; and - Agenda Item No. 16A9 July 27,2004 Page 1 of 15 EXECUTIVE SUMMARY Conservation Collier - Agreement for Sale and Purchase - McBride Page 2 2. Authorizc Chainnan Fiala to cxccute the Agrccment and any and all other County AUomey's Office approved documents related to this purchase; and 3. Authorize staff to prepare relatcd vouchcrs and Warrants for payment; and 4. Direct staff to proceed to acquire thc propc11y, to follow all appropriate closing procedures, and to record the dced and any and all necessary documents to obtain clear title to the property. -, Agenda Item No. 16A9 July 27, 2004 Page 2 of 15 Conservation Collier Land Acquisition Program Project Design Report Date: June 22, 2004 Conservation Collier North Golden Gate Estates Unit 53 Location Map II CREW Trust lands I I I I I I I I 4~TH Nil.. NE SHADY HOl\.OW BLVO E .'ST Ave NE 39TH ~VE NW 39fH AIlE NE z '" 2 o '" tfi 31lHAIIE "'W 35TH AVE N'N ~ '" ~ l!l 33RO AVE MY '" ... :t ':l z :!; ~ :t (Jl -< z :< '" z o '" ... ~ 25TH AV NW Z5TH AV. NE Z4TH AVE NW 24n. Avt NE 24TH AVE Nt: Property Owner: Stephen R. McBride Folio(s): 394944()(Xl2 Location: North Golden Gate Estates Unit 53. E 75FT of Tract 39 Size: I.I,~ acres "......-, AppraisaVOtfer Amount: S 10,700 Agenda Item No. 16A9 July 27, 2004 Page 3 of 15 Historv of Proiect: Received Selected for the Approved for Purcha<;e offer Offer Accepted application HA" category, #1 purl~hasc by BCC made to owners priority, on 'he Active Acquisition List by CCLAAC 7/19/04 121l5/03 1/27/04 4/19/04 ! 4/26/04 Purpose of Proiect: Conservation Collicr Pro2ram Oualifications: This is one of a number of parcels approved for acquisition that are pan of a larger, multi-parcel, multi- owner project known all the North Golden Gate Estates (NGGE) Unil 53 Project. These parcels were considered in context of the whole project. The following identifies the ecological value, significance for water resources, human values and aesthetics, vulnerability to dcvelopment and managcmcnl potencial (or this project. ....."-.... Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and rcd maple swamp and the rcmainder by native and exotic rc-growth over an historic fann field. Altl10ugh lhe unit has been platted for deVelopment, at present there are no homes, streets are unpaved and there is no electric service. A search of coumy records, updated at the time of this writing, shows no construction pem1il'i other than one (for a fence) have been issued or under review, Soils, hydrology and extant plam species indicate that the entire unit is a seasonal wetland, with surface water prescnt during rainy sea')on and moist conditions remaining during dry SC'.lson (excepting drought conditions when water tables may recede lower). The area COntributes moderately to Lower Tamiami aqui fer recharge (7-14 inches per year) and welland dependant bird species were observed on site. A native terrestrial orchid species state listed as Threatened, Wild Coco (Eulophia alta) and a fern species, Royal fern (Osmunda regali.v) listed by the state as Commercially exploited were observed in abundance. No listed wildlife species were observed, however, the cntire unit is considered pan of Primary Zone panther habitat by the U.S. fish and Wildlife Conservation Commission and Black bear are known to inhabit adjoining puhlic lands. This entire area is connected with South Florida Water Management District (SFWMD) lands which are known a'i the Corkscrew Regional Ecosystem Watershed, separated into CREW Tm'Sl conservation land~ and the Audulxm Corkscrew Sanctuary. Acquisition of NGGE Unit 53 would enhance, protect, buffer bolh area" and and provide access to CREW Trust lands. Tn regards fO human values and aesthetics, conservation of this area would offer multiple opportunities for land-based nalUral resourcc recreation including potcllliallbr hunting if enough parcels can be acquired. As to vulnembiJity, this area is zoned for single-family residences and although none have been built to date, pem1its could be pulled at any time. In regards to management, once a group of contiguous parcels can be acquired, there is potential for a management partnership with the neighboring CREW Trust. Managemcnt would primarily consist of exotic removal and maintenance of existing unpaved roads to provide access to CREW tr'Jils. Expansion of tmils into these lands is contemplated over time. See the Initial Criteria Screening Repon for full criteria evaluation. c_ Proiected Manal?:en1ent Activities: Agenda Item No. 16A9 July 27, 2004 Page 4 of 15 Removal of eXOlic plants, construction of trails. parking and placement of fencing and signage are projccted managemcnt activities, but these would not be done until more contiguous properties are acquired. ,- Agenda Item No. 16A9 July 27, 2004 Page 5 of 15 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16f\9 Recommendat!on to approve an Agreement for Sa!e and Purchase of 1,14 acres under the Conservation Coliler Land Acquisition Program, at a cost not to exceeej $11 ,f,OO (McBride), 7127120049:00:00 AM Prepared By Cindy M, Erb Administrative Services Sen,or Property Acquisition Specialist 712/200412:39:09 PM Facilities Management Approved By Joseph K, Schrmtt Community Development & environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin, 7,11120047:05 PM Pat Lehnhard Date Approved By County Manager's Office Administrative Assistant Office of Management & Budget 7/13/200410:54 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 7113/20041:33 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budg9t 7114120044: 56 PM Date Approved By James V. Mudd Soard of Coullly Commissioners County Manager County Manager's Office 7115/20041 :40 PM Date .\pproved By Sandra U:a Cvmmunity Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 7'2!2004 1 :49 PM Approved By Cl1arles E. Carrington, Jr. SRI WA Administrative Services Real Estate Services Manager Date Fac!lities Management 7'2120042:19 PM Date Approved By Skip Camp, CFM, Administrative Services Facilities Management Director Facilities Management 7/2120042:57 PM Date Approved By William 0, lorenz, Jr, P,E. Communfty Development & Environmen~al Services Environmental Services Director Environmental Services 7!6/200412:45 PM Date Approved By Constance A. Johnson CGl'nrnumty Development & :::::~'...-ironmental Services Op"rations Analyst Community Development & Envlronn~ep!al Services Admin 7!9;2004 1 :40 PM D-'1te ,\pproved By c\:~,xj:mdra J. SuleCt<l :0't!fPUnity Dt:v8IopnH.!nt & ~::n\J;ronmentJl Servk;es Senior Environmental Specl<1iist Environmt:r:tal Services ~'9!2004 3:05 PM 6gllnd:<ilt.m ~Ig 16~\i July 27,2004 Page 6 of 15 CONSERVATION COLLIER Tax identification Number: 39493440002 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between STEPHEN R. McBRIDE, whose address is 705 N Washington Street, Bourbon, IN 46504-1443, (hereinafter referred to as "Seller"), and COLLIER COUNTY. a political subdivision of the State of Florida, its successors and assigns. whose address is 3301 Tamiami Trail East. Naples. FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE. and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the .Purchase Price") for the Property shall be Ten Thousand Seven Hundred Dollars ($1 0,700.00), (U.S. Currency) payable at time of c!osing. !II. CLOSING 3.01 The Closing (THE "CLOSING DATE". "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (SO) days following execution of this Agreement by the Purchaser but not later than October 31. 2004. unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office. Administration Building, 3301 Tamiami Trail East, Naples. Florida. The procedure to be followed by the parties In connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing. the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property. free and clear of all liens and encumbrances other than: ia} The lien for current taxes and assessments. (b) Such other easements. restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. Agenda Item No. 16A9 July 27, 2004 Page 7 of 15 CONSERVATION COLLIER Tax identification Number: 39493440002 3.0113 A "Gap: Tax Proration, Owner's and Non-Foreign Affidavit: as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller. at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed. in accordance with Chapter 201.01 , Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Trtle Policy. issued pursuant to the Commitment provided for in Section 4.011 below. shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by SeUer. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser andlor Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (ALTA Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days. following receipt of the title insurance commitment. to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title. Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title. except for liens or monetary Obli~O~i~~INo. 16A9 be satisfied at Closing. Seller, at its sole expense, shall use its best effodSlly 27, 2004 Page 8 of 15 CONSERVATION COLLIER Tax identification Number: 39493440002 make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense. to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, Clnspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied. for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses. soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible for any loss or damages occasioned thereby or as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser. or its authorized agents. shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. V Ill. PRORATIONS Agenda Item No. 16A9 July 27, 2004 Page 9 of 15 CONSERVATION COLLIER Tax identification Number: 39493440002 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2003 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as SeHer's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon on~ percent {1 %} of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9. OJ The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10,01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right. power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions. suits, claims. proceedings, litigation or investigations pending or threatened against Seller, at !aw, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreeme~~n~ ItstmrNo. 16A9 July 27, 2004 4 Page 10 of 15 CONSERVATION COLLIER TalC identification Number: 39493440002 property that could. if continued. adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators. septic tanks or cesspoolS on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling. storage. transportation. manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations. or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or iocal statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws. ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment. service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefol\.gS3Wa cl~No. 16A9 not to enter into any contracts or agreements pertaining to or affectinglllfiy 27, 2004 Page 11 of 15 CONSERVATION COLLIER Tax identification Number: 39493440002 Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. SelJer also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing. SelJer shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse. defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pOllution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response. Compensation, and Liability Act of 1980,42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10_024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: With a copy to: If to Seller: Alexandra Sulecki. Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239.732.2505 Fax number: 239-213-2960 Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-n4-8400 Fax number: 239-n4-0225 Stephen R. McBride 705 N Washington Street Bourbon, IN 46504-1443 Telephone number: 574-342-8565 Fax number: 574-342-8302 1 i .02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change ~~.~No. 16A9 in the manner provided herein. For the purpose of changing such address~~ 27, 2004 Page 12 of 15 CONSERVATION COLLIER TallldentillcatJon Number: 39493440002 addressees only, unless and until such written notice is received. the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative. in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives. successors. successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used. shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted. and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 SeHer is aware of and understands that the ~offerw to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee. and acceptance and 3Pproval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership. limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written publiC disclosure. according to Chapter 286. FlorjdaStatutes. under oath. of the name and address of everv oerson havino a CONSERVATION COLLIER Tax Identification Number: 39493440002 Agenda Item No. 16A9 July 27, 2004 13 10 This Agreement is ~.Jverned and construed in accordance with t.'1e lavPs~e 13 of 15 the Slate of Florida. XIV FNTIRE AGREEMENT CONSERVATION COLLIER Tax ldentillcatJon Number: 39493440002 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise. representation, warranty or cOllenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN . Deputy Clerk AS TO SELLER: DATED: WITNESSES: (Signature) (Printed Name) STEPHEN R. MCBRIDE (Signature) (Printed Name) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Agenda Item No. 16A9 July 27, 2004 Page 14 of 15 CONSERVATION COLLIER Tax identification Number: 39493440002 EXHIBIT "Au TAX IDENTIFICIATION NUMBER: 39493440002 LEGAL DESCRIPTION: EAST SEVENTY-FIVE (75') FEET OF THE EAST ONE HUNDRED FIFTY (150') FEET OF TRACT 39, UNIT 53 GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 93 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Agenda Item No. 16A9 July 27, 2004 Page 15 of 15 .-. EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Milano", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Milano", a subdivision of lands located in Section 13 Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Milano". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering ~ Review Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Milano" be approved for recording. FISCAL IMPACT: The project cost is $1,172,761.34 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $673,590.67 - $499,170.67 The Security amount, equal to 110% of the project cost, is $1,290,037.47 - Agenda Item No. 16A 10 July 27, 2004 Page 1 of 5 Executive Summary Milano Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Devolopment Services Revenue generated by this project: Total: $36,382.84 Fees are based on a construction estimate of $1,172,761.34 and were paid in January, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.1ac)-$ 1 ,200.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 5,051.93 Drainage, Paving, Grading (.75% const. est.) - $ 3,743.78 c) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $15,155.78 d) Drainage, Paving, Grading(2.25%:>const.est.) - $11,231.35 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Milano" for recording with the following stipulations: 1. Approve the amount of $1,290,037.47 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. Agenda Item No. 16A 10 July 27, 2004 Page 2 of 5 Executive Summary Milano Page 3 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Review Services Director and the County Attorney's office. ,_. Agenda Item No. 16A 10 July 27,2004 Page 3 of 5 Item Number Item Summary Meeting Dale COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1SA:O R~.:corn~ .;~rJ(:dUi)n ',0 dporove 'or recurd:nq Ul(:.i f:fl~\~ ~ijdl af "~.~:iur:-)" ;ilpd aPV()\I'<ll af tt:i~ :3tun;jur.j IOim Constn.:ct:on d!~tl M<Jlr,ten<Jncu Aw,~ef!~(:nt ;:;nd ?pproval of the amcu;:t of t:-:8 performance s.ec;.Jrlty ,,'::?:i/20iJ4 ;.}(JO:CiJ I~~"~ Sen:or En9ineer 6128i2004 8:44:06 AM Prepared By John HOlllosworth ComfT'lurdty Devetopment & t:1vironrnental Servict':s Enl:ji(:eerfr:g Service'S Pamela Libby Water Ope~at\oI1s Manager Date Approved By Public Utilities Water 6,;28/200410:37 AM S!ephen L. Nagy WastcW<lter Collections Manager Date Approved By P,;blic Utll;ties WasteW:ttter 6i28!2004 1: 32 PM Approved By Paul MC!thusr.h ~iJblic UtiHti-n'$ ''l/atp.r Director Date Watnr 8;30',004 U5 PM P.O)! B. Andt:rson, P.E. P:..ibOc Utilities Enginet:riny Oimctor Date Approved By Public Util:tles p:..ibnc Ut:!iti!?$ Er:gineHiny ?i11i2004 10:38 PM Constance A... Johnsen Operations Analyst Date Approved By Community Development & f.n\iironmental Serv!ce!'t Community 013....eiopment 8. [nv~mnmental SNYiC<1$ Admi,.,. 7;12;20048:08 AM J05~oh K. Schmitt D;lte Approved By Community OE!velopmer.t &. EnlJironment.~1 Sef\'!ces C~rnl'T'Un:t'1 C~velopment & Env:ronrr.flntal Servict:s Adrninstrator Commun=ty Development & environmental Ser.lices Admin. 1'12/20048:31 AM Pat lehnhard Adrr:inistrative Assistant Date Approved By County Manager's Office Office of ~<:nagement & Buaget 7/13/2004 10:55 AM Approved By fhndy Greenwald Board of County Comrr:lsS10ner5 Maf!.1gemr,ntiBodget Analyst Dilte Otfice 01 Management & Budget ;;13/200411:05AM Mark :sacl(son 8udget Analyst Date Approved By COi.inty Mar-agar's Office ()ffice of M<'lnagement 8. Elt.lciget 7i13:2C04 2'.52 PM .\pproved By Mkh:lel Smykow$ki County Mitr13ger.$ Office Management 8. Budget Oirectcr D,lte Office of M;lnagemnnr &. Budget 7/15120049:11 AM Approved By County Manager Oa;;e Ji:HneS V. Mudd Soard of County Conm~jgsjoners County M,H1i1ger's Office 7,15;,oa4 2:08 PM Wa.st.~watcr Di!et:tor D,l.t!! ,'\pproved By JO$t'pll B. C~;eatt;am ?:;b!:c Utll:tic~ Wa,)ti?Watcr Treatm~r.t 7i2i20;')4 3:29 PM Th'.)m;SlS E. KUCk, P.E. '::;DES El1gin~e!k'g S.-.lf'iH:es Q :'i.'C!Cf D"lJe Approved By CL):1m:unny 0evt!:opl'l'H~!;t & t=:~vironmf!nta! Ser;ict:5 :: CES tngint.-t?!i~'g S'!!',ii,:es T,€nOC4 :0;12 AM Sandra LI?3 C;<'i:cutivc Se:..:n:tary fbtl.! Approved By C ,::l'nrr~!J~'it'l Ct.\te;o~l'1e!~t &. f.:,~"'I;'?n'l':f;'n~:lr Sf:rv:cP.... ~~8",mur::!y O-t?\.".!;:-:,p'n;!m & 7,'G, 2004 11-3 PM :y:,v:fC':fllT'"nt.<l.1 S~l ':jr.~s Ad~l:n. Agenda Item No. 16A 10 July 27. 2004 Page 4 of 5 ~ >- '" ~ ~ ~ is ~ ~ ~ ~ ~ ~ - ,., -'" O~LO ......0_ <(00 CD"'LO ...... - . I'- Q) o '" 0) Z>.CO -0- E::J Q)""") - UJ I- - en .~~ - EXECUTIVE SUMMARY Recommendation to approve reimbursement payment for attendance at a function that served a valid public purpose OBJECTIVE; For the Board of County Commissioners to declare a valid public purpose for staff of the Financial Administration and Housing Department who attcnded the Copeland Civic Association "One~year of Success" Anniversary dinner and prescntation and approve rcimbursement payment by the Clerk. CONSIDERATION: On Junc 28, 2004, the Copeland Civic Association held it's Assodation "One-year of Success" Anniversary dinner at the Everglades Seafood Depot Restaurant in Evcrglades City, Flodda. Scvcn staff membcrs of the Financial Administration and Housing Dcpartmcnt wcre asked to attcnd the dinner on behalf of Collier County Government and participate in the Association's presentation and business meeting. The Board of County Commissioncrs has determined that attendance at the functions of fraternal, business, environmental. educational, charitable, social, professional, trade, homeowners, ethnic, and c..1vic association/organizations servcs a valid public purpose, provided that said functions rcasonably rclate to Collier County matters. - FISCAL IMPACT: The cost of the dinner was $16.00 per person with a total cost of $112.00 for seven employecs to attend. Funds are to be paid from the Grants Trust Fund (121) travel budget. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve reimbursement by the Clerk to the Financial Administration and Housing Department sta(fwho attended this function serving a valid public purpose. - Agenda Item No. 16A 11 July 27, 2004 Page 1 of 3 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A11 Recommendation to approve payment to attend function serving a valid public purpose, 7/27/20049:0000 AM Prepared By Cormac Giblin Community Development & Environmental Services Housing Development Manager 6/30120048:32:56 AM Financial Admin. & Housing Approved By Denton Baker Community Development & Environmental Services Financial Admin & Housing Director Date Financial Admin. & Housing 711120048:44 AM Approved By Sandra Lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date 711120043:22 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 7111120047:12 PM Approved By Pat lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 71131200411 :10 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 7/13120044:09 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 71151200410:42 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/15120042:17 PM Approved By Constance A Johnson Community Development & Environmental Serllces Operations Analyst Date Community Development & i::nvironmental Services Admin. 719/20044:31 PM Agenda Item No. 16A11 July 27.2004 Page 2 of 3 Copeland Civic Association One Year Anni versary Meeting June 28, 2004 AGENDA 1. Speaker - Donnie McDowell II. Prayer - Brother John Gilmore III. Dinner- 5:30 p.m.-6:45 p.m. IV. Call Meeting to Order - Donnie McDowell- 7:00 p.m. V. Pledge of Allegiance - J acque Wood VI. Introduction of Commissioner Halas - Donnie McDowell VII. Denny Baker - Introduction of FAH Staff VIII. Slide Presentation - Julia Langhom, Janeen Person, Jacque Wood and Donnie McDowell IX. A wards Presentation - Donnie McDowell X. Meeting Adjourned - 8:00 p.m. Agenda Item No. 16A 11 July 27, 2004 Page 3 of 3 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Camelot Park". The roadway and drainage improvements will be privately rnaintained; the water and sewer improvements will be maintained by Collier County OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Camelot Park" CONSIDERATIONS: 1. On January 23. 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Camelot Park". -- 2. The roadway and drainage improvements will be maintained by the project's homeowners association. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division and the Public Utilities Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Public Utilities Division through their operation and maintenance budget. .-' Agenda Item No. 16A 12 July 27, 2004 Page 1 of 5 Executive Summary Camelot Park Page 2 GROWTH MANAGEMENT IMPACT: There is no growth management impact. STAFF RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Camelot Park" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. ,~.'" ~""......., Agenda Item No. 16A 12 July 27, 2004 Page 2 of 5 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1GA:2 R(:;.;(jrnrn~~nddliofl lO qrant til~:.J.1 apPlOv~\j of lha f(;;~dw<3Y l:pri'.'i.Jte). dmmHqu, '..I;'~ilf.:r Jrld $ew~r 1~~~;Jro'/en~em~ fry' :he: ::r:<31 f.l!<.ll of "Ci.l~nek1t Purk". Ttw iCJdd........ay o:tnd dratllH9u ifTlpr.:)v(~ments wlil t,;~ pr:'..:utety I11cti!'tdlfle!..i. trle water and S6','h?r :mprcvements wd; tie ma;nt8.ined by COil:er County 1:'27/2004 900:00 ..~M Senior Engineer 6'28;20048:30:01 AM Prepared By John HOlllctsworth Community Deve!opment & Erl....ironrnentai Services E'~gir.eering Services Stephen L Nagy Wastewater Coile-ctions Manager Date Approved By Public Utilities Was taW ater 6'29120048:46 AM Approved By Pamela Libby P~bHc Utilities W<tter Operations Manager Date W"ter 6.'29:20049:00 AM Approved By Wilter OirE:tctcr Oate Pal;l M..tta:'J5Ch Public Utllitip'$ Water 6130120043:26 PM Di..lte ,\ppro,'ed By Roy B, Al1dc~on, P.E, Public Utilities Public Utilities Engineering Oiroctor pt/onc Utilities Er.gineering 71111200410:38 PM Date Approved By Jcst!pn K Schmitt Comn;unity Dev~!oprnu.,t & E:~\flronme-nta! Ser,llCeS Community Oe\le!Op':'THH1t & Enyjrcnn:entill Sr,rvicp.$ Adminstralor Community Ot-IIC!QP:'HEl-nt &. Er:\I:ronmental Services Admtn. 7i121200~ 8:3~ PM Pat lehnhard Admini.'S.tratl\le Assistant Date Appro,ed By County M3~age(s Office Office of ~aoaRement & Budget T.:13/2004 11 :01 AM Randy Greenwald Management/Budget Analyst Dale A ppro,'ed By Board of County Cc)~lf\~i'S:2ionerg. Office of M~nag6ment & Budget ;"';13/100411 :09 AM Budget Analyst Delre Approved By M"rk :sadson County Manager's Office Office of Management &. Budget 1113120043:09 PM Dale ,\pproved By "'1icha'~1 Srr.ykow~k.i County Manager's Office Mar:agenlent & 8udg!!t Director O!Tica of Mcmagement & Budget 7115i2C04 '9:14 AM Caur.ty Manager Date Approved By James V. Mlldd Board of County Commissioners County Manager's Office 7115/2:0042:29 FM ','VaSi.ew3Iter Director Date Approved By Jcseph B. Cheatham P:...;b!;c Utilities '/'hSleW3tcr Treatment 71212004 3:34 FM Date Approved By Thomas E. Kuc.M.. P.E Comn~U!'1jty Deve:opnlent & Er'vjronmental Servic.f?$ COES E'nglneerhg SerlJicl:'s Director COES Enginet-rlr:Q S~rvicl.?'S 7;5;2004 ~O:16 AM '::':r.eCUi.t\fe Secret~ry D21;:e Appro,'ed By S:mdr:j Lea -':r.J:1"1rf:u!~Hy Deve:opm,?Pt &. E:,'",'f8n:n;-:ntai Scrvicr,s Cc)rr.mtJnity Of:....eiopment & p,' ';;r.::nmentRI SHvic!'?s Admin. 7,'tJr2QQ-l -: :57 PM \ ppro...ed By ;};a.'ratic';$ Analyst D:lte .-:; .);;~,.:t'~:::'.~ A. Jc~;r.~o,", : c;'":rr.U::lt::; Qe",dopr'H~~t & r>..,lr-?n"'ll'!n~al StorV ~"-$ C,.Hl!rr!Uility Oi!v<!:oprnent & E::":fC':n~r.f:nt~1 S.,.rvlCE'S Acl:'nill. Agenda lteM9~go~ i\A~ r~ JJI, 27, 2004 Page 3 of 5 II , I : ! :~ ,~ . " wo Clell Cl:) Z o w- !::~ CDO 9 ~ "",,"Ill"'" / I- - e a 5 ~ 5. ~ ~: ~ ~ ~. l:l H ~~ r I ~ I-Z U 00 w- . ,!c ~ Z i~ 00 ~ - .. ill~ LU :::g illR ~ 9 .. ~si n -lEi i : g N 'l! I! i " _t<mOO >MXl1 Oil... vwatI'I 'aIM II II 1 I- i- ER 8~ i! ~ i!" ~ii ~~~ ~ ~ -."."., ja ~ II ~~ ~ ~~ ; II 5. :;! ~e f ~ I . is N ~_ .~~ N">tLO ......0_ <(00 <ON">t ...... - . I'-- 0) ON 0> Z >. ctl -0- E::l 0)' - ~ ~ L1J t- (/) I Do i a... ~ ~ Z o ~ u o .....J RESOLUTION NO. ()4.._ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COl.LlER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE.. AND WATER AND SEWER IMPROVEMENTS IN CAMELOT PARK, RELEASE OF THE MAIl'oTENANCE SECURITY,AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY. DRAINAGE. AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS. the Board of County Commissioners of Collicr County, Florida. on September 3, 1996 approved the plat of Camelot Park for recording; and WHEREAS. the Developer has constructed and maintained the roadway, dminagc. and water and sewer improvements in accordlln\:e with the approved plans and specifications and as required by the Land Development Code (Collier CllUnty Ordinance No. 91-102, as amt'ndcd). and the Utilities Standards and Procedure.. Ordinance (Collier County Ordinance No, 01-57); and WHEREAS, the Developer is requesting final acccptance of the roadway. Jrainage. and water and sewer improvements and relcase of his maintenance security; and WHEREAS, the Engineering Review Department of Community De\'c1opment Services has inspected the roadway, drainage. and water and sewer improvements, and is recommending accept.mcc of said fa~;lities. NOW, THEREFORE. BE IT RESOLVED BY TlfE BOARD or COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that final acceptance is hereby granted for those roadway, dminage. and water and sewer improvcmcnls in Camelot Park, and authorize the Clerk to fClca~'C the maintenance security, BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant COSl" for roadway, drainage. and water and sewer improvements that arc not required to be maintained by the C.lmclm Park homeowners association. nlis Resolution adopted after motion, <;c<:ond and majority vote 1~\Voring same, this _ day of . 2004. DATE: ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: DONNA FIALA, CHAIR.\1AN ;\ pproved as ll} form and legal sufficiency: knnikr A. Bclpedio As-;istant Collier County Attorney Agenda Item No. 16A12 July 27, 2004 Page 5 of 5 - EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Lallque". The roadway and drainage improvements will be privately maintained; the water and sewer improvements will be maintained by Collier County OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Lalique" CONSIDERATIONS: 1. On April 7, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "lalique". .-- 2. The roadway and drainage improvements will be maintained by the project's homeowners association. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division and the Public Utilities Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Public Utilities Division through their operation and maintenance budget. -- Agenda Item No. 16A 13 July 27, 2004 Page 1 of 5 .,.,,'''~' Executive Summary lalique Page 2 GROWTH MANAGEMENT IMPACT: There is no growth management impact. STAFF RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "lalique" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. ,.- ,.-. Agenda Item No. 16A 13 July 27, 2004 Page 2 of 5 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A:3 P,r;;DCirnrn,:>nC.'Hion \0 q!Hnt t"~al appro...:::! of the /(h.'IO'/lod'l (pfl'..'utU), drdlfldg6. '''~a\~jr and :$ewer If!~proven~un:s fur U'!e jir';;ll piat o! "lJ.liO~:;~" fhu !(jddway ~H~d :J~,-'1I:~age :r~;p(OWj!~:i~'lts wi:! t;(~ prw,de:y rn~::nUitled. t!~e .....3t~~r arid Jewer 0~prG'.iement5 w:i= be ~air.ta:ned by Cc:: ier Cc...r:ty "1,::: /!2Ci)4 9:(}O:CO /"..,M Sen10r Engineer 6j29;~W04 8;46:13 AM Prepared By John Houldsworth Communlty Oeve:opmer.t & En....ironmental Services Engineering Service, Date Approved By Stept;en L Nagy Public Utilities Wastewater Collections Manager WasteWater 6;2~!2G04 B' 5(l AM Date Approved By Pamela Libby pubnc Uti!;ties W"ter Operations Maf!3iger Water 6,'29110049.02 AM Date Approved By Paill Matt3\i$r.h Public Utilitif'lS Watf'lf Director W>>.tf'lf 6i30/2004 3:27 PM Diltu Approved By Roy B. Ander!::ion, P.E. Publ=c Utilities t'uoOc Utilitil~S Engineering Director t':Jolic Utilities Engineering 7/11i2004 10:39 PM Date Approved By Jcseph K. Schmit"t Cornnn.lnilY Development & Environmental Services Community Oe"'8iopment & Enviromnental Sf:r....icl1$ Adminstrator Community Ol:"'~!Op:;l~llt & Environmental Services Admin. 7i12:2004 6:35 PM Date .\ppro,ed By Pat LehnharCl County Mal1ager's OHicl) Administrative Assistant Office of Management & Budget 71131200411:03 AM Date Approved By Randy Greenwald Board of C~unty CommissIoners ~ar.agel"fllJntJ8udget Analy:st Office of M,magement & BUc:1get ;';13/200411; 18 AM Approved By OZltr! Mark h:;adson County M~f1age(s Offic:e ::hJdgct Armlyst Dffice .of Managemenl & Budget 7;1.1120043:20 PM Oa;.E! Approved By MidJae! Smybwski CO\lnly Manager's Officu ~liar.agl:!n1ent & Budget Din!ctor Office of Management & Budget 7115120049:28 AM Oiite Approved By James V. Mi..:dd Board of County Commissioners Cou~ty Manager County Manager's Office 7;15/20043:35 PM Date Appro,'ed By Jcseph a. Ch(!;ltham P:.lblic Utin~ies W':Jstew3ter Dire.ctor "~';)s!eWatl!r Tre2!mertt 7/2/20043:40 PM Date Approved By Thomas E, Kuck. P,E. Community Deveiopment & Er:vironmental Ser....icc$ CDES Engineering Services. Director COE'S Engirmerir.g Svrv-jces 7!6;2C0410:15 AM D-'l;e Appro,'ed By S~ndra Lea \:om/'T~u:~ity Oeveiopl'l'Hnt.& E:'1vironrnr:ntai Serv~cf'!i E_l(e'~lJ,i'l;J S~cfetafY (;.:)n~munitf Dt'\ltdop:11el~t & fr:'/~/"<::nrr;cntill S.:rvice$ Admin. 7i€r2C!04 L56 FM D;;ti! Appro'ed By CO!~~Han:::'J A. Je",nscn C<)mrr.tHAy lJt;\tt\:o~r;lent S. E(:yironf11i;'!1~i1i Services Op~'r,;tio:;~ Ani.llyst C:::'r1;I'I'!l..1n:ty Deve!op>mmt & Et:.,rircnrr:.ental Services Admil"l. Agenda Itein'fi60",6AHM Jul, 27 280'1 ?age 3 of 5 , II I C'?~LO T"""O_ <(00 COC\l~ T""" - . r-- Q) o C\I 0) Z>-CU -0.. E:J Q)' - II I I ~ , ~ * WG " g! ,I '" r Ii' - 3lYLSlG1N1 :nv:s elL "'" / -.- ~ - ~ e ~ ~ 5. o ~ "~ ....iHi ~ ~ ::l 3" f r i ~ 0 ~ '" Z 3~ ~I!; bZ ! ( o ~I!~ ~ w Ii ~ wQ ~I!~ a ~ :3 ~. . ~s~ '1;( - i5~ i 0 ~ ~5~ ~ ~ ffi II " Ii 00 ~ Iro . !i. i a.. a..-> f ow^,"""" oMlO1 <( OIl18~ItJJ.Nt'I: ~ I! I! ;! ~ 510 51 I ~~ $. ~ii l1~i ii. !~ ~ a"" lil~~ z . II ~ ~ ~ 0 g ~ - ~ U 1- 0 !! I 0 ~A ...J ~h: ~ h~ 010 RESOLUTION NO. 04-_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE. AND WATER AND SEWER IMPROVEMENTS IN LALlQUE. RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADW A Y, DRAINAGE. AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHERF.AS. the Board of County Commissioners of Collier County. Florida. on August 6, 1996 appruved the plat of Lalique for recording: and WHEREAS, the Developer has constructed and maintained the roadway, drainage. and water and sewer improvements in accordance with the apprm'cd plans and spccifkations and as required by the Land Development Code (Collier County Ordinance Nn. 91-102. as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. OJ-57); and WHEREAS. the Developer is requesting t1nal acceptance of the roadway, drainage. and watcr and sewer improvements and release of his maintenance security; and WHEREAS. thc Engineering Review Department of Communily Development Services has inspet;ted lhe roadway. drainage. and waler and sewer improvements, and is recommending acceptance of said facilities. ~OW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that tinal acceptance is hereby gnlOlcd for thoj;C roadway. dminage. and water and sewer improvements in Lalique. and authorize the Clerk to release the maintenance SC(.~urity. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future mainlcnance and other attendant costs for roadway, drdlnage, and water and sewer improvements that arc not required to be maintained by the Lalique homeowners association. This Resolutioll adopted after molinn, second and majorily vole favoring same, this _ day of , 2004. DATE: ATTEST: DWIGlff E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to fonn and legal sufficiency: Jcnniler A. Bclpcdio A "istant Collier County Attorney ....-., Agenda Item No. 16A 13 July 27,2004 Page 5 of 5 - EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Villa Fiorenza". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Villa Fiorenza" CONSIDERATIONS: 1. On October 18, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Villa Florenza". -< 2. The roadway and drainage improvements will be maintained by the project's homeowners association. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attornets Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division and the Public Utilities Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Public Utilities Division through their operation and maintenance budget. ~ Agenda Item No. 16A14 July 27,2004 Page 1 of 5 Executive Summary Vi lla Fiorenza Page 2 GROWTH MANAGEMENT IMPACT: There is no growth management j mpact. STAFF RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Villa Fiorenza" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. - .-. Agenda Item No. 16A14 July 27,2004 Page 2 of 5 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A14 Recommendation to grant final 8ppro.....al of the rc,adway (private). drainage. '/Vater and sewer improvemems fer the final plat of "'/:lla Florenz.a" The roadway and drainage wnprCi'verrh.=mts w~H be privately maintained. ti1e water and sewer jmprovements will be maintained by Coil!er County' 7/27/2004900:00,4M Prepared By John Houldsworth Community Development & Environmental Servkes Senior Engineer 7/1/200410:29:47 AM Engineering Services D.te Approved By Stephen L. Nagy Publtc Utilitie5 Wastewater Collections Manager WasteWater 7/112004 11 :36 AM Date Approved By Snnd(3 Lea Cornmunity Devc:opment & Environmental Services Exccutilie Secretary Community Development & Environmental Servics$ Admin. 7.'12!200411 :04 AM Date ,\pproved By Constance A. Johnson Communrty Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 7!12/200412:20 PM Approved By Jo,eph K. Schmitt Community Deveiopment & Environmental Services Community Development & Environmental Services. Adminstrator Date Community Development & Environmental Services Admin. 7!12/2004 8:37 PM Pat Lehnhard Dale Approved By C!)unty Manager's Office Adm:nistrative Assistant Office of Management & Budget 71'3/200411:11 AM \pproved By Date ,:::::andy Gre~nwajd 8o<lrd of County Com'11i.ssioners r...1anagementJBudget Analyst Office of Management & Budget 7113/200411:15 AM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office ot Management & Budge! 7!13/2004 4:29 PM Dale Approved By Mlchael Smykowski County Manager's Office Manag~ment & Budget Director Office of Management & Budget 7!15/2004 10:49 AM Date .\pproved By James V. Mudd Soard of County COmmls.s:cHH~fS County Manager County Manager's Office 7/15120044:39 PM Date ,\pproved By P:lmeia Lbby Pubhc Utilities Water Operations M3n,1ger N<1tcr 7/6/20049:51 AM Date ,\ppro,'ed By P:::J:J: r...1attausch ?ubliC Utiiities Water Director Water .?i912004 1 0:39 AM O~te Approved By Joseph B- Cheatham ;:-,,;t;!:<: Uti]=t:es VVi)5!ewater Oirector /iasteWnter Tr:Jatment Aaenda Ite;;;~~go~6Ri4M July 27, 2004 Page 3 of 5 1I:1I1"11111I111~ OWA.JlrDI JmlC11 "",..(Nf5I Will ~Cll ~;:) I 11 I 17"7>. ~ ow I ;: "'V~II~~~~ TT1II/WRrr1Jf, i ~tf~0 ~ ~~ I ij::j-...: ";:1 '- ~ , '-"g I ~ 11 ~ l , v-; ~ ~! ?/ ~ i ~ "" - I ~ ~ "r ".,.... ~ 1/1 ! I~ JI:I::rr \ '-'-, '-1. ",~;;'J",..... '\ I I ITr7 WCD IS I! (3(11 1,- 'IIIITO, ~l@~ I~\T\ II T\~ (3;:) 11'11 !: ~ ~~~ ,1== J\( _ II I I t= ,t:ff \~~-..v_ ~ I 1'1 ~ ~0 ..~~ 'II (D~\ \ ~ ~ ~~ co "' I'f Q a: ~ S2 H I- \ -- IL-- ~ !:::1J ~- ~ r;::; ~~,-' Z lr tjf-- wQ , ~(/J~~- e~ I ~ ~ 00 ~ f-- 9 I ~ (~ E (1 - ~ I """'IlL"'" I ~ - i:J e I:l ~ It s ~ ~e ~ w ~" ~ ~: ~~; II!~ ' I- 3~ II -< II ~ t-z j~ ~ ~ i ~ ~ 00 C3 w- 'l;c 00 , ~ z ~ ::':9 I i; ji ~ ~el ~~~ ~ II a ~~~ a ~ 9 . ~5i CII 6.(.... - ~5i ~ I a g ~E~ ; . ;;; . Ii f o I i a.. CHII^31no11 M'OO1 00\11 vw.MI VJ.N\I'I <( ~ a 'A 10 ~ ~ s: a =~ >l~i 1- E~ e. !: ~~ iA ~ i!a I~ ~~~ ll~i Z ~= ~ ; . ~~ I 0 """""',... - i~ \ - ~ I ~~ ~- la I U i ~! !!! 0 . ....J L . o~ N i- ~i~ ~~L() ......0_ ~OO <.ON~ ...... - . I'-- Q) ON 0> Z>.ro E'So.. Q)"'"") +-' ~ 4 LU t- - en i ~ ~ RESOLUTION NO. 04.._ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA TO AUTHORIZE HNAL ACCEPTANCE OF THOSE ROi\DWAY, DRAINAGE. AND WATER AND SEWER IMPROVEMEI'ilS IN VILLA FLORENZA. RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTE'<'ANCE RESPONSIBILITY FOR THE ROADWAY. DRAINAGE. AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS. the Board of County Commissioners of Collier County, Florida, on January 11, 2{XX} approved the plat of Villa FIorenza {or recording; and WHEREAS. the Developer has constructed and maintained the roadway. drainage. and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Devclopment Code (Collicr County Ordinance No. 91-102. as amended). and the Utilities Standards and Procedures Ordinance (Collier COllllty Ordinance No. 01-57); and WHEREAS. the Developer is requesting linal acceptance of the roadway. Jminagc. and water and sewer improvements and release of his maintenance security; and WHEREAS. the Engineering Review Department of Community Development Services has inspected the roadway, drainage. and water and sewer improvements, and is rcc()mmending acceptance of said facilities. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that linal acceptance is hereby gmnted for those roadway. drainage. and water :Im! sewer improvements in Villa FIorenza, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED thai the County accept the future maintenance and other attendant CO'll,> for mad way , drainage. and water and sewer improvements that are not required to he maintained by the Villa Fiorenza homeowners associulion. This Resolution adopted after motion. second and majority vote favoring same, this _ Llay of . 2004. Dt\ TE: ArmST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLUER COUNTY. FLORIDA By: DO:'liNA FIALA. CHAIRMAN Approved as 10 form and kg-al suffkiency: knnikr A. Bclpcdio .-\'Sl\lant Collier County Attorney Agenda Item No. 16A 14 July 27, 2004 Page 5 of 5 - EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Cayo Costa, Unit Two", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Cayo Costa, Unit Two", a subdivision of lands located in Section 6, Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: .-' Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Cayo Costa, Unit Two". These documents are in compliance with the County land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100010 of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Department Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Services Department recommends that the final plat of "Cayo Costa, Unit Two" be approved for recording. FISCAL IMPACT: The project cost is $111,544.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $47,440.00 - $64,104.00 The Security amount, equal to 110% of the project cost, is $122,698.40 .- Agenda Item No. 16A 15 July 27, 2004 Page 1 of 5 Executive Summary Cayo Costa, Unit Two Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $3,101.39 Fees are based on a construction estimate of $111,544.00 and were paid in November, 1999, and December, 2003. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac)-$1 ,050.00 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 237.20 Drainage, Paving, Grading (.42% const. est.) - $ 269.24 Construction Inspection Fee Water & Sewer (1.50% const. est.) - $ 711.60 Drainage, Paving, Grading (1.30% const. est.) - $ 833.35 -- c) d) GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. "..- Agenda Item No. 16A 15 July 27, 2004 Page 2 of 5 Executive Summary Cayo Costa, Unit Two Page 3 STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Cayo Costa, Unit Two" for recording with the following stipulations: 1 . Approve the amount of $122,698.40 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. -< b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. -- Agenda Item No. 16A 15 July 27, 2004 Page 3 of 5 ,- Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A15 Recommendation to approve for recording the final plat of "Caya Costa, Unit Two", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance secunty 7/27/20049:00:00 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer 7/8/20047:54:18 AM Engineering Services Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 7/13/20048:02 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 7113/20041 :55 PM - Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/13/20043:04 PM Approved By Marl< Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 7!14/2004 2:39 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/16/20048:30 AM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 7/16/20041:44 PM ,\pproved By Thomas E. Kuck, P.E. Community Development & Environmental Services CDES Engineering Services Director Date CDES Engineering S~rv'ces 7/8i2004 8:19 AM Approved By Sandra Lea Community Development & [rwlronmental Services Executive Secretary Date Community Development & Environmental Services Admin. 7/31200411 :42 AM Agenda Item No. 16A 15 July 27, 2004 Page 4 of 5 ,(\ I I III I J U ~a i I111 r= 7f3 z -- w Q '< ~!< ~;i vm ~T r /11111111 1IIIillllllll 1I11I11111111 'IIIII'I,IIIIIJ." \ Iii "..., PlM IN.l 31' l --. Y , I III -jUII 111I1111111!L1Ha li- l:::Ja ~ ~~ 1= r-T CF/IIIIIII n Km~ ttill=J~ _~ Ylllllllllillilil ~ '( V7TmTTTTl' -i- i,. Tl III I II I III =a- I , I I ~ I I II ' III I i; H" II IIi II; 1111- ~ ml Iii III ,I 'II, 'II I ~., k\\I , 1I1I1I1 II !J>&:III I i 1II11111 ill -r I ~\li,il5Xow~ 'I SYn\ """"" ~\l1I rt/; ~! \' ~ ~I n >~~ IS. .. i~ I ~~! ~ IL-UVJ.IIIBlII ! ~ I ~ ~ i ""'" Nl1I.MMN1 ;!; i~~;~ ' ,. H~ J ~ I C d3 ~!~ (T,~ 111:1 J /\ 1J'/rTrm 'ILlJ~~ ~ J~ t= t=--I III a.. <( ~ ...1 ~I I i I L()1:tL() ~ II ^ "~IIIIn- ~ ~O ~ :::-,.' ..- L() J:::. .'fij~){<< ?'Y:; ~p ~ I N ~ ~~ ~ <<m 'Y/ ---- ~ ~ro , 1\ 'Y i - il'!> :;.. ~ a.. , l ~" ~23 .& 1\ -~~ ! co 5 ~ \ i Q) OJ "l~ ^ ~:"lJl Uffi/ ~ "'l... ~ \= :::::tHIIII-~ \R i n UJ s t= II H H - EE )~ ~ ~> to- \: I I \l \( III I _ en i,~I.1. ;~il 1N-?-~~ ~ / u ~QJ c ~ t ~ -r f--- g g -li~ f--'!::: ~ ......--' f--Wf--- l- ~ t= ~f--- ) I- LI-- \../ '- t- r- f--- -1 ....tOt ~ g 8 I ~ ".,. Q1 lOll / ____ - .:- tl >~ I ~ 1 I , , a.. <( ~ Z 0 - ~ ~i ~ ~ U ! I 0 ~ ~ ...J ~ js i ~ II L l:it t ~I\; dg JIl.,; EXECUTIVE SUMMARY .-- Recommendation to approve a mortgage and promissory note for a two hundred twenty-eight thousand ($228,000) dollar loan to the Collier County Housing Authority_ OBJEC'IlVE: To have the Board of County Commissioners approve the Mortgage and Promissory Note for a loan to the Collier County Hou~'ing Authority. CONSIDERATION: The Collier County Department of Financial Administration & Housing has set aside $228,000 from the State Housing lnitiative Partnership (SHIP) funds for a zero interest loan to the Collier County Housing Authority. This zero interest loan is provided for by the Land Acquisitionl Transfer with New Construction strategy approved by the Board of County Commissioners in the three.year SHIP Housing Assistance Plan on September 1, 1998. This loan will be used to assist in the construction of a 192 bed fann worker housing facility named Horizon Village in Immokalec. The Collier County Housing Authority has recognized the critical shortage of housing for unaccompanied farm workers and has constructed Horizon Village to mitigate this situation. This facility will be owned and operated by the Collier County Housing Authority. .-.' Horizon Village is designed for unaccompanied migrant and seasonal farm workers. It has a dormitory style configuration with each unit having 4 bedrooms, a common kitchen with appliances and two bathrooms. The facility will also include a meeting room to provide social and educational programs with space for health services. The building is constructed under the Red Cross hurricane shelter requirements and will serve as an emergency shelter for the community. This loan was originally approved by the Board of County Commissioners on February 22, 2000. However the Authority decided to delay disbursement and use the loan as funding of last resort. So much time has passed since the original approval that a re- authorization is necessary. FISCAL IMPACT: Approval of this MOt1gage and Note will grant a zero interest $228,{X)() re-payable loan to the Collier County Housing Authority from the Affordable Housing Trust Fund. Disbursement of the loans shall occur on August 1, 2004, the first day of state fiscal year 2004-2005. The re.payable loan shall be paid over seventeen years in $13,412 increments beginning September 1, 2007. Total payments shall be $228.000.00 due on September 1, 2024 or earlier. Recording costs will be paid to the Clerk of Courts by the Collier County Housing Authority. -. GROWTH MANAGEMENT IMPACT: Provision for fann worker housing consistent with and supp<>rting of the housing and future land use clement of the Immokalce Master Plan of Collier County's Growth Management Plan. Agenda Item No. 16A 16 July 27, 2004 Page 1 of 9 RECOMMENDATION: That the Board of County Commissioners approve the Mortgage and Promissory Note. ,- _. Agenda Item No. 16A 16 July 27, 2004 Page 2 of 9 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSiONERS 16A16 Recommendation to approve a mortgage dnd promissory note for a two hundred twenty-eight thousand ($228,000) dollar loan to !he Collier County Housing Authority. 7/27i2004 9:00.00 AM Prepared By Cormac Giblin Community Development & Environmental Services Housing Development Manager 719/2004 1 :40:30 PM Financial Admin. & Housing Approved By Denton Baker Community Development & Environmental Services Financial Admin & Housing Director Date Financial Admin. & Housing 7/13/20044:57 PM Approved By Sandra Lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date 7/14/20042:49 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 7/14120042:50 PM Approved By ,Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 7/14/20043:51 PM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/14120044:58 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 7/15120048:19 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7i15!2004 3:13 PM James V. Mudd Approved By 80ard of County Commissioners County Manager Date County Manager's Office 7120/20042: 15 PM Agenda Item No. 16A16 July 27,2004 Page 3 of 9 PROMISSORY NOTE August 1. 2004 Borrower: Collier County Housing Authority 415 Rose Avenue, Immokalee, FL 3414J 1. BORROWER(S) PROMISB TO PAY: I/We promise to pay Two Hundred Twenty-eight thousand Dollars ($JJ8,OOO.OO) (this amount will be called 'principal') to the order of Collier CO'H'.t:y or t:o any o:her holder of t:his Note (the "Lender'), whose address is 2800 ~hoe Drive North, Naples, Florida 34104 . I/We understand that the Lender may transfer the Promissory Note. The Lender or anyone who takes this Note by t:rar.sfer and who is entitled to receive payments under t:his Note will be called the "Note Holder'. 2. INTEREST: Interest on this Note shall be zero percent (0%) per annum; except that if I/We fail to pay this Note as requireG, the interest rate shall be twelve percent (12%) per annum from the dat:e when payment of this Note is due until I/We pay it in full. 3. PAYMENTS: Principal payments shall be deferred for a period of three years from date disbursed with seventeen equal yearly payments of $13,412.00 due beginning on September 1, 2004 and continuing for seventeen years thereaft:er un!:il payment in full of $228,000.00 is received on August 1, 2024. Xy/Our total payment shall be U.S. $JJ8,OOO.OO . 4. BORROWER'S RIGHT TO PREPAY: I/We have t:he right to make payments of principal at any time before they are due. A payment of principal only is know as a "prepayment'. When I/We make a prepayment, I/we will tell the Note Holder in wrlting that I/we am doing so. I!We may make a full prepayment or partial prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note, If I!We make a partial prepayment:, there will be no changes in the due date or in the amount of my monthly payment ~~less the Note Holder agrees in writing to those changes. If I/We make a partial prepayment, there will be no prepayment penalty adhering to or associated with s~ch prepayment: 5. LOAN CHARGES: If a law, which applies to t:his loan and which sets maximum loan charges, is :i~ally interpreted so that t:he interest: or other loan charges collected or to be collected in co~~ection witch this loan exceed the permitted limits; then (i) any such loan charges shall be reduced by the amo~~t necessary t:o reduce the charges to the permitted limit; and (li) any sums already collected from me which exceeded permitted limits will be refunded to me/us. The Note Holder may choose to make :his refund by reducing the principal that I/We owe ~~der this Note or by making a direct payment to me/us. If a refund reduces principal, t:he reduction will be treated as a partial prepayment. 6. SUBORDINATION: Lender ~~d Borrower acknowledge and agree that this Security Instrument is subject and subordinate in all respects to the liens, terms, covenants and conditions of the Flrst Deed of T~st and to all advances heretofore made or which may hereafter be made purs~ant to the First ~eed of Trust incl~ding all sums advanced for the purpose of (a) protectlng or further securlng the lien of the First Deed of Trust, curing defaults by the 3orrower under the First Deed of Trust or for any other purpose expressly permitted by the Fi=sc Ceed of Trust or (b) cons~ructing, renovating, repairing, furnishing, fixturing or eq"ipping the ?roperty. The terms and provisions of the First Deed of Trust are paramount ~nd :on:rolling, and they s~persede any other terms and provisions hereof in conflict :herewith. :n the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Tr..lst, any pz-ovisions herein or any provisions in any other collateral agreement restricting t:he use of ~he Property to low or moderate income households or otherwise cestricting the Borrower's ability to sell the Prcperty shall have no further force or e:fect on subsequent owners or purchasers of the Property. Any person, including his s'~ccessors or asslgns (other than the Borrower or a related entity of the Borrower), receiving title to the ?roperty through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall recelve title to the Property free and clear from such ::-estrictions. Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of fcreclosure, the lien of this Security Instrument shall automatically terminate ~pon the Senior ~ien Holder's acquisition of title, provided that {i} the Lender has been given written no!:ice of a default lli~der the First Ceed of Trust and Iii) the Lender shall net have cured the default under the First Deed of Trust within the 30-day period provided :~ such notice sent ~o the Lender. 7. BORROWER(S) FAILURE TO PAY AS REQUESTED: (A) :::efault If I/~e do not pay the full w~ount as requlred in Section 3 above, I/we will be in default. 3.In in -:::.efault, :.he Note Helder may bring about any actions net prohibiced by ~~plicable law ~,d require me/us to pay the Note Holder's cost and expens~s as described in ;B) below. 3) ?ay:nent of :Jote :raIder I s Cos!: and Expenses 2. := ~:--.e ~:ote Holde:- takes such actions as described above, the Note Holder will have the ~~~~c to be paid back for all of its c~sts and expenses, i~cl~ding, but not li~ited to, ~easo~ab:e attor~eys' fees. -IVING OF NOTIC . 1 ... Agenda Item No, 16A 16 " ES: 0::' ess appl1canle law reQ1.ured a different :nethoc, any not~ce~~t 004 ce ~~'/en to ~e/~s ~~der the ~o~e will be give~ by delivering it or by ~iling i~ f~t 2 :...:7..S~r ~.ai.l. ~o :r'.e ::it t.::e ?roper~y Add~ess en Page 1 8r at a different address if 1. ctA\-e4 of 9 de _lo....e r.o...der -3. :'.C:'lce I)f :rY/G11r d.l::fere::.t address. ~- 1 Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) or at a different address if I/we have been given a notice of that different address. 9. OBLrGATrONS OF PERSONS UNDER THrS NOTE: If more than one person signs this Note. each person is fully and personally obligated to keep all of the promises made' in this Note. including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person 'who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note. is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 10. WArVERS: I and any other person who has obligations under this Note waive the rights of oresentment and notice of dishonor. 'Presentment' means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNrFORM SECURED NOTB: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protection given to the Note Holder under this Note. a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note. protects the Note Holder from possible losses which might result if I/we do not keep the promises which I/we make in this Note. That Security Instrument describes how and under what conditions I/we may be required to make immediate payment in full of all amounts I/we owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred ~~d Borrower is not a natural person) without Lender's prior written consent. Lender may, at its option, require immediate payment in full or all s~~s secured by thlS Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acce~eration. The notice shall provide a period of not less than thirty (3D) days from the dat~ the notice is delivered or mailed, within which Borrower must pay all sums secured by! this Security Instrument. If Borrower(s) fail to pay these sums prior to the expiration df this period. Lender may invoke any remedies permitted by this Security Instrillnent wi~outifurther notice or demand on Borrower. Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds hereunder shall be subject and subordinate to the rights of the Senior Lien Holder to collect and apply such proceeds in accordance with the First Deed of Trust. 12. Thi. note i. governed and con.trued in accordanoe with the Law. of the State of Florida, WITNESS THE HAND(S) AND SKAL(S) OF THE UNDERSIcnnm. 3orrower (Seal) Eameralda Serrata, Executive Director Collier County Housing Authority STATE OF_Florida COUNTY OF i hereby certify that on this day. before me. an officer duly aulhonzedln the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared e.m....ld. Serrata to me known to be the p8rllOn(s) described in and who executedlhe foregoing instrument and acknowledged belore me that (Hal she! they) executed the same lor the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this _ day of 19_, My Commission Expires: Notary PublIC's Signature (Seal) Notary'S Pnnted Name ======================================================================================== RETURN TO: Collier County Financial Administration & Housing Department 2800 North Horseshoe Drive Naples. FL 34104 Phone: (941) 403-2330 Fax: (941) 403-2331 Approved as to form and legal sufficiency: ~~~, ?at:cic:k G. '.'!hite Assistant County Attorney Agenda Item No. 16A 16 July 27, 2004 Page 5 of 9 2 MORTGAGE security Instrument THIS SECURITY INSTRUMENT IS given on August 1, 2004. The Borrower is: Collier County Housing Authority ("Borrower') , This Security Instrument is given to Collier County (.Lender'), which is organized and existing under the laws of the United States of America. and whose address is 2800 North Hor.e.hoe Drive, Naples, Florida 3'01' Borrower owes Lender the sum of Two Hundred Twenty-eight Thousand Dollars (U.S. $ 228,000. DO ), This debt is evidenced by Borrowers Note dated the same date as thiS Security instrument which proVides for monthly payments. with the full debt, if not paid eartier, due and payable on .July 1, 202'. This Security Instrument secures to Lender: (a) the repayment olthe debt evidenced by the Note. :.vlth interest. and all renewals. extensions and modifications; (b) the payment of all other sums. with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (c) the pertormance of Borrower's covenantsiand agreements under this Secunty Instrument and the Note, For this purpose. Borrower does hereby second mortgage, grant and convey to Lender the fOllowing described property located in Collier County, Florida. As more particularly described in See attached Exhibit .A" (Legal Description) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances. rents. royalties, mineral, oil and gas rights and profits. water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Secunty Instrument All of the foregoing is referred to in this Security Instrument as the .Property". BORROWER COVENANTS that Borrower is lawfUlly seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered. except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform secunty instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. 2. Taxes. The Mortgagor will pay all taxes. assessments. sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall payor cause to be paid, as the same respectively become due. (A)(1) all taxes and govemmental charges of any kind whatsoever which may at any time be lawfully assessed or leVied against or with respect to the Property. (2) all utility and other charges, including .service charges.. incurred or imposed for the operation, maintenance. use. occupancy. upkeep and improvement of the Property. and (3) all assessments or other govemmental Charges that may lawfully be paid in installments over a period of years. the Mortgagor shall be obligated under the ,",ortgage to payor cause to be paid only such installments as are required to be paid during the term of the Mortgage. and shall, promptly after the payment of any of the foregoing, forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise. all payments received by Lender shall be applied; first. to interest due; and, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments. charges, fines and impositions attributable to the Prooerty which may attain priority over this Security Instrument. and leasehold payments or ground rents, if any, Borrower Shail prcmptly furnish to Lender all notices of amounts to be paid under this paragraph. and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien by, or defends against enforcement of the lien in. legal proceedings which in the Lender's opinion operale to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Secunty Instrument. Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Protection of Lender's Rights in the Property. If Borrower fails to pertorm the covenants and agreements contained in this Security Instrument. or there is a legal proceeding that may significantly affect Lender's rights in the "roperty (such as a proceeding in bankruptcy. probate. for condemnation or forfeiture or to enforce laws or regulations), t".en Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing In court. paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rale and shail be payable, with: nterest. upon notice from Lender to Borrower requesting payment. 6. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender sha:: give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property. or for conveyance in lieu of condemnation. are hereby aSSigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of tre Property, In which the fair marl<et value of the Property immediately before the taking IS equal to or greater Ihan the amount 01 the sums secured by this Security Instrument immediately before the taking. unless Borrower and Lender olherwise agree in Writing. the sums secured by this Security Instrument shall be reduced by the amount of the r:roceeds multiplied by the following fraction: (a) the lotal amount of the sums secured immediately before the taking, divided by (b) tre fair marl<et value of the Property immeaiately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Prooerty in whlcn the fair market value of the Property Immediately before the taking is less than the amount of the sums secured Immediately 'or the taking. unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shail be applied to the sums secured by this Secunty Instrument Ncet~er. or .10t. the sums are then due. Unless Lender and Borrower otherwise agree In wnling. an*-aj?p,!.Lcatign_of w%,eed'i,. I 16A16 to pnrcioal sha!l not extend or postpone the due date of the monthly payments referred to in para~raU:btlrtJEt:lm 1'010. arno'"nt of s'"cr payrnents. J I 27 2004 8. Borrower Not Released, Forbearance By Lender Not a Waiver. ExtenSion of the time for payment or U y , rnoe,ficatlon oi amortization of the sums secured by this Security Instrument granted by Lender to any successor in intere6>age 6 of 9 I of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Seculity Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any light or remedy shall not be a waiver of or preclude the exercise of any light or remedy. 9. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants andlagreements of this Seculity Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject tlthe Provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower w 0 co-signs this Seculity Instrument but does not execute the Note: (a) is co-signing this Seculity Instrument only to mortga e, grant and convey that Borrower's interest in the Property under the terms of this Seculity Instrument; (b) is not personally pbligated to pay the sums secured by this Security Instrument: and (c) agrees that Lender and any other Borrower may agr~e to extend, modify. forbear or make any accommodations with regard to the terms of this Security Instrument or the NOle Without that Borrower's consent 10. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges. and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. II a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 11. Notices. Any notice to Borrower provided for in this Seculity Instrument shall be given by de live ling it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 12. Governing Law; Severability. This Security Instrument shall be govemed by federal law and the law of the Jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not aHeet other provisions of this Seculity Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 13. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 14. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) Without Lender's plior written consent. Lender may, at its option. require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Secunty Instrument. If Lender exerCised this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this SecUrity Instrument. If Borrower faiis to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument Without further notice or demand on Borrower. 15. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the light to have enforcement of this Seculity Instrument discontinued at any time prior to the eartier of : (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Seculity Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those condttions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred: (b) cures and default of any other covenants or agreements: (c) pays all expenses incurred in enforcing this Seculity Instrument. inCluding. but not limited to, reasonable attomey's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower. chis Security Instrument and the obligations secured hereby shall remain fully eHective as if no acceleration had occurred. -Iowever. this right to reinstate shall not apply in the case of acceleration under paragraph 17. 16. Sale of Note; Change of Loan Servlcer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the 'Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 17. Hazardous Substances. Borrower shall not cause or permtt the presence, use. disposal. storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do. nor allow anyone else to do. anything aHecting the Property that is in Violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generaliy recognized to bl1 appropriate to normal residential uses and to maintenance of the Property. I Borrower shall promptly give Lender wlitten notice for any investigation, claim. demand, lawsuit or other action ~y any governmental or regulatory agency or plivate party involving the Property and any Hazardous Substance or En~lIonmental Law of which Borrower has actual knowledge. If Borrower learns. or IS notified by any govemmental or regulatqry authority, that any removal or other remediation of any Hazardous Substance aHecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. I As used in this paragraph 20. 'Hazardous Substances' are those substances defined as toxic or hazardous su~stances by Environmental Law and the following substances: gasoline. kerosene, other flammable or toxic petroleum prodlJcts, toxic pestiCides and herbiCides. volatile solvents. materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, 'Environmentai Law' means federal laws and laws of the jurisdiction where the Property is located that relate to heaith, safety or environmental protection. 18. Acceleration; Remedies. Lender shall give notice to Borrower plior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date. nolless than 30 days from the date the notice is given to Borrower. by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument. foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of me right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default IS not cured on or belore the date specified in the notice, Lender, at its option. may reqUIre Immediate payment in full of all sums secured by this Seculily Instrument without further demand and may foreclose this Securrty Instrument by Judicial proceeding. Lender shall be entitled to collect all 8xpenses incurred in pursuing the remedies provided in this paragraph 21, including. but not limited to. reasonable attorney's fees and costs of the title eVidence. 19. Release. Upon payment of all sums secured by this Security Instrument. Lender shall release this Security Instrument. without charge, to Borrower. Borrower shall pay any recordat,on costs. 20. Attorneys' Fees. As used in this Security Instrument,and the Note, 'attorneys' fees,A.gerl<la.a~m No, 16A 16 attorneys' fees awarded by an appellate court. July 27, 2004 Page 7 of 9 2 SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Signed. sealed and delivered in the presence of: Collier County Housing Authority Witnessl/t: Signature: Borrower: Esmeralda Serrata, Executive Director Signature: Wltnessl/2: Signature: STATE OF _Flonda Address: 415 Roee Avenue ~k.lee, Florida 34142 COUNTY OF I hereby certify that on this day. before me. an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared Esmeralda Serrata to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that (He! she! they) executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this _ day of ,19_. My Commission Expires: (Seal) Notary Public's Signature Notary's Printed Name Prepared By: Cormac Giblin, Manager Collier County Housing Department Approved as to form and ~,"ffi~ V~ Patrick G. White Assistant County Attorney 3 Agenda Item No. 16A 16 July 27, 2004 Page 8 of 9 EXHIB IT "A" Legal Description Description A portion of the southwest 1/4 of Section 3. Township 47 South, Range 29 East, Collier County, Florida. COMMENCING at the northwesterly corner of lot 4, Block 1 of Main line Subdivision; Thence North 8813'08- Eost 010n9 the northerly boundary of 810ck 1 for 125.85 feet to the centerline of Roilrocd street abandoned by resolution os recorded in Of1idal Records Book 214 Poges 24 ond 25 of the Public Records of Col!ier County, Florida; Thence North 14'57'36" Eost along soid cenlerline of abandoned Railrood Streel for 168,21 feet, to the POINT OF BEGINNING; thence continue North 14'57'36" East olong soid centerline of abonaoned Railroad Street for a distance of 443.08- feet: Thence North 88' 12'21" East tor 877.29 feet to the east line of the Northwest 1/4 ot the Southwest 1/4 of said Section 3; Thence South 01'03'20. East along the east line of the Northwest 1/4 of the Southwest 1/4 of soid Section 3 for 425.58 feet. to 0 point being 130.00 teet Northerly of, when mp.osured at 0 right angle to, the northerly right-ot-way line of Rose. AVenue; Thence South 88. 16'5.3" West perellel with the northerly right-ot-way line ot Rose Avenue for 999.51 feet to the POINT OF' BECINNING. Containing 398,748.2 Squore Feet or 9.154 Acres more or less. ---------~- - ---~- --- ------------ .- EXECUTIVE SUMMARY Recommendation to approve the proposed amendment to the current interlocal agreement between Collier County and the Economic Development Council of Collier County and the related budget amendment that transfers the previously approved funds. OBJECTIVE: That the Board of County Commissioners (Board) approve the attached amendment to the current interlocal agreement between Collier County and the Economic Development Coundl of Collicr County (EDC), thcreby in("'Tcasing Collier County's annual funding by $62,000 to a total of $462,()()O for the current fiscal ycar, and the related budget amendment that transfers the $62,000 from General Fund Reserves to related EDC funding account. CONSIDERATIONS: At the June 22, 2004 Board of County Commissioncrs (BCC) regular meeting, Ms. Tammie Nemecek, Executive Director of the Economic Development Coundl, presented her reasoning in asking the Board to approve the selection and funding of a consultant to perform a fiscal stability study to review all the potentia] sources for generating revenue for Collier County and determine the proper balance to promote future economic sustainability. .- The Board unanimously approvcd the EDe's seleetioll of Andersoll Economic Group, L.L.C. as the consultant of choice to perform the study for a fee of $53,000 plus ex.penses with a not-to-exceed amount of $62,000. The study will be completed and presented to the BCC in September of this year. Collier County has an annual interlocal agreement with the EDC that expires at the end of the County's fiscal year. The present agreement limits the amount of the funding by the County to the EDC to an amount not-to-excecd $400.000. The proposed amendment increases that not-to-exceed amount to $462,000 to allow for reimbursing the EDC up to $62,000 for the cost of the aforementioned approved study. The reimbursements to the EDC for the amount of this study wi U take place this fiscal year. The attached budget amendment executes the approved funds to be transferred from the General Fund Reserves to the appropriate EDC related account within the Community Development and Environmental Services Division. In addition, this amendment corrects the addressing of all notices between Collier County and the EDC. FISCAL IMPACT: Approval of this amendment to the Collier County/EDC Interlocal Agreement will allow for payment of an amount nOHo-exceed $62,000 that was previously approved by the BCC on June 22, 2004. .-- Agenda Item No. 16A 17 July 27, 2004 Page 1 of 5 GROWTH MANAGEMENT IMPACT: This amendment allows for the payment of the Anderson Economic Group, L.L.C. study that is expected to produce infonnation which will improve the long-term fiscal stability of Collier County. This long-term objective is consistent with the Economic Element of the Growth Management Plan. RECOMMENDATION: Approval of this amendment to the Collier CountylEDC In terlocal Agreement and the related budget amendment that will allow for reimbursement to the EOC of an amount not-to-exceed $62,000 for the fiscal stability study that was previously approved by the BCC on June 22, 2()()4, ,,--.. -- Agenda Item No. 16A 17 July 27, 2004 Page 2 of 5 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A17 Recommendation to approve the proposed amendment to the current interlocal agreement betNeen Collier County and the Economic Development Council of Collier County and the related budget amendment that transfers the previously approved funds. 7/27/20049:00:00 AM Prepared By Denton Baker Community Development & Environmental Services Financial Admin & Housing Director 7/12/20043:05:00 PM Financial Admin. & Housing Approved By Denton Baker Community Development & Environmental Services Financial Admin & Housing Director Date Financial Admin. & Housing 7/13/2004 11 :58 AM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Date Community Development & Environmental Services Admin. 7/14120043:44 PM Approved By Sandra Lea Community Deveiopment & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date 7114/20043:45 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 7/14/20043:53 PM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7114/20045:00 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 7/15/20048:28 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7115120043:11 PM Approved By James V. Mudd 5:iard of County Commissioners County Manager Date County Manager's Office Agenda Iteti1\1NIOO()6Ad:YPM July 27, 2004 Page 3 of 5 AMENDMENT TO INTERLOCAL AGREEMENT THIS AMENDMENT TO INTERLOCAL AGREEMENT is entcred into this day of 2004, by Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "COUNTY''. and the Economic Development Council of Collier County, a Florida not-for-profit corporation, hereinafter referred to as the "EDC', WITNESSETH WHEREAS, the EDC and the COUNTY have previously entered into an Agreement to enhance economic activities in the State and Collier County, by retaining, expanding and attracting high wage jobs through economic diversitlcation and development in order to promote a stronger, more balanced, and stable ceonomy; and WHEREAS, thc parties now desire to alter the total dollar amount of the Agreement and to provide updated information on who the proper contact for the County is and WHEREAS, the County has appropriated for the County's Fiscal Year 2004 (October 1, 2003 - September 30, 2004), the sum of Four Hundred Sixty-Two Thousand and 001100 ($462,000), to the EDC, to conduct economic diversification and development activities. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agrec to amend thc following provisions as numbered in the original Agreement as follows: ARTICLE 1 Paragraph A. is amended to state that: The County grants to the EDC up to $462,000,00 for the term of the Agreement and in no event shall the County pay the EDC more than the appropriated amount of $462,000 during the term of this Agreement. ARTICLE 8 Is amended to state that: All notices required in this Agreement shall be hand delivered or sent by certified mail, return receipt requested, and if scnt to the County shall be addressed to: Denton Baker Director of Financial Administration and Housing Community Development and Environmental Services Division Collicr County 2800 North Horseshoe Drive Agenda Item No. 16A 17 July 27,2004 Page 4 of 5 Naples, FL 34104 IN WITNESS WHEREOF, the parties have executed this Amendment to the Inter-local Agreement on the dates set forth above, with the intention to attach this Amendment to the original Agreement. Attest: By: Collier County, Florida Board of County Commissioners By: Dwight Brock, Clerk of Courts Donna Fiala, Chairman Date: Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney WITNESS: CONSULTANT: Economic Dcvelopment Council of Collier County By: Signatw"c Name (Printed) Adria Starkey, Chairman EDC Board of Directors WITNESS: Signature Tammie Nemecek, Executive Director Name (Plintcd) Agenda Item No. 16A17 July 27, 2004 Page 5 of 5 /- EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Mllagro Place" OBJECTIVE: To approve for recording the final plat of Milagro Place, a subdivision of lands located in Section 3, Township 47 South, Range 29 East, Collier County, Florida. CONSIDERATIONS: Engineering Services Department has completed the review of the final plat of "Milagro Place". This document is in compliance with the County land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Services Department recommends that the final plat of "Milagro Place" be approved for recordi ng. - FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $1010,00 Plat Review Fees 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. ENVIRONMENTAL ISSUES: There are no environmental issues. ---- Agenda Item No. 16A 18 July 27,2004 Page 1 of 4 Executive Summary Milagro Place Page 2 HISTORICAL I ARCHAEOLOGICAL ISSUES: archaeological issues There are no historical or STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Milagro Place" with the following stipulation: 1. Authorize the recording of the Final Plat of "Milagro Place." --, ....- Agenda Item No. 16A 18 July 27, 2004 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16A1B Item Summary Meeting Date Recommendation to approve for recording the final plat of "Milagro Place" 7/27/20049:00:00 AM Prepared By John Houldsworth Senior Engineer 7/15/20047:40:01 AM Community Development & Environmental Services Engineering Services Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & Environmental Services CDES Engineering Services 7115/20044:01 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Environmental Services Community Development & Environmental Services Admin. 7/16/20048:06 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 7/1612004 11 :04 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/19/20048:25 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 7/19120048:46 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/19/200410:52 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/19/20044:34 PM Agenda Item No. 16A 18 July 27, 2004 Page 3 of 4 - MI. .~ v. l~l ~ ~ ITlIIII[b ~ ~ ~ ll3<US ''''''' ~!ill!l~;l ~,~. ~ m_~EmHE SJI[]]]~alIfIJJ~_! ~_ ~itmIllil ,i i .R~' 'S 13J~!ii..n < . ~ ~ I ~ ~ O).q.q ...-0_ <(00 (ON.q ...- - . r-- 0) ON 0) Z>>CO E'Sa.. 0)' ..... ~~i ~~~ UJ ..... (f) ~ ~ ~ !~ :J'Y.)S<ll"'" / ___ - ..... ~ ~ ~ <( ~ w W ....J <t a.. ~ <t 0 ~ ~ Z 0 - ~ U " ,~ 0 ....J ~:jf t"".l, .~{,' EXECUTIVESEMMARY /,..-...", Recommendation to the CoUier County Board or County Commissioners (Board) to approve a revised fee resolution to supercede resolution 2004-97 which established a fee schedule of development-related review and processing fees, as provided for in Division 1.10 of the Comer County Land Development Code to add a lee 10rPUD monitoring activities conducted by staff. OBJECTIVE: To have the Board of County Commissioners (Board) approve an amendment to the fee schedule for building permit and development review fees to add a fee for PUD monitoring activities conducted by staff. CONSIDERATIONS: The majority of operations within Collier County's Community Development and Environmental Services Division (CDES) are funded by fee revenue, fees paid by those people engaging CDES's services. With an effective date of November 3,2003, CDES fees were amended to allow anticipated FY2004 revenue to equal anticipated FY2004 expenses. Language within the Fee Schedule was further clarified on April 13, 2004. In a continuation of those efforts, CDBS is requesting to institute a new fee for the ongoing monitOling of Planned Unit Developments (PUD), - The need for this fee was outlined during the Board's April 5, 2004 PUD monitoring workshop. and within the proposed CDES FY2005 budget presentation. The new fee, which will be placed only on new construction, will allow for CDES to track developer commitments on an ongoing ba~is. The Development Services Advisory Committee (DSAC) unanimously approved this fee on June 2, 2004, as part of their budget review. This proposed PUD Monitoring fee would be in the amount of $75.00 per dwelling unit located within a PUD, or $0,10 per square foot for commercial or industrial construction located within a PUD. Included with the Executive Summary are the CDES Fee Schedule. Attachment "A", the Building Valuation Data Table, Attachment "B", and the summary of fee changes, Attachment H,C". FISCAL IMPACT: This Executive Summary requires no budget changes and/or reallocation of funds. This fee was incorporated into the FY2005 budget already presented to the Board. It is anticipated that a portion of this fee will generate the $300,000 annually which will be used to fund staff located within the Fund 111 cost center, who will be charged with the task of pun monitoring. GROWTH MANAGEMENT IMPACT: There arc no growth management impacts from this Executive Summary. RECOMMENDATION: That the Board approve an amendment to the fee schedule for building permit and development review fees to add a fee for PUD monitoring activities conducted by staff, and its associated Table of Construction Values. We believe these fees represent the County's costs incurred in providing these services to the community. .-- Agenda Item No. 16A 19 July 27, 2004 Page 1 of 27 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A19 Recommendation to approve tile request to have the Collier County Board of County Commissioners authorize an amendment to resolution 2004-97 which established il fee schedule of development related review and processing fees as provided for in division 1 10 of the Collier County Land Development Code. 7/27120049:0000 AM Prepared By Garrett Muliee Community Development & Environmental Services Financial Operations Manager 7/12120042:28:59 PM Financial Admin. & Housing Date Approved By Denton Baker Community Development & Environmental Services Financial Admin & Housing Director Financial Admin. & Housing 7112120044:37 PM Sandra Lea Date Approved By Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 71141200411 :35 AM Date Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmm1tal Services Admin. 71141200412:58 PM Date Approved By Susan Murray. AICP C.)mmunity Development & 2nvironmental Services Zoning & Land Development Director Zoning & Land Development Review 7114/20041:17 PM :\ pproved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 7/161200411 :12 PM Pat lehnhard Date Approved By County Manager's Office Administrative Assistant Office of Management & Budget 7120120048:37 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 71201200410:43 AM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 7/20/200412:34 PM Date A pproved By James V. Mudd 80ard of County CommiSSioners County Manager C,Hmty Manager's Office 7120120042:25 PM Agenda Item No. 16A 19 July 27. 2004 Page 2 of 27 RESOLUTION NO. 2004-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING A REVISED FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES, INCLUDING: PROVIDING FOR A NEW PUD :MONITORING FEE AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; SUPERSEDING RESOLUTION NO. 2004-97; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. the Collier County Land Development Code, Section 1.10.1 provides that the Board of County Commissioners (Board) shall establish and adopt by resolution a schedule of fees and charges for application and document processing, public meetings, public hearings, other meetings and hearings, transcripts, approvals, denials, development permits, development orders, development, construction, interpretations, enforcement inspection services, sales of documents review, resubmission, and any other zoning or development related services and any other services provided or costs incurred by or on behalf of the County; and WHEREAS. the Board previously approved Resolution No. 2004-97, establishing a fee schedule of development related review and processing fees on April 13, 2004; and WHEREAS. many operations within the Community Development and Environmental Services Division are supported by user fee revenues; and WHEREAS, it is staffs intent to continue to conduct annual cost/fee studies In an atlempt to balance Fund 113 and Fund 131 operating costs with revenues; and \v'HEREAS, the new PUD monitoring fee is a one-time fee to be charged at building permit pick-up on new construction only that is intended to offset costs associated with operating this program; and WHEREAS, the fee schedule for development or building review related activities or petition types. including but not limited to, site development plans, rezones, conditional uses, building permit applications and related inspections and monitoring are reflective of the actual cost of processing and reviewing such petitions and performing such activites. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The Board of County Commissioners hereby declares that the fees set forth as attached hereto and incorporated by reference herein as "Exhibit A." along with their associated building Page I of 2 Agenda Item No. 16A 19 July 27,2004 Page 3 of 27 valuation data table set forth as attached hereto and incorporated by reference herein as "Exhibit B," are all fair and reasonable sums to be assessed to those who receive the benefits of the services. reviews, and inspections required pursuant to the Land Development Code and the County's corresponding development review and permitting processes. 2. The PUD monitoring fee set forth under Item K) 29), is a one-time fee applicable to new construction activity approved after the effective date of this Resolution under then existing and future PUD's that is due and payable at the time of approved building permit pick-up for all said new construction. BE IT FURTHER RESOLVED that this Resolution, relating to fees in the Land Development Code be recorded in the minutes of this Board with an effective date of September I, 2004, and that Resolution numbered 2004-97 is hereby superseded by the adoption of this Resolution on the foregoing effective date. This Resolution adopted after motion, second and majority vote. Done this 27th day of July, 2004. A TrEST: D~GHTE.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk DONNA FIALA, CHAIR.,\1AN Approved as to Form and Legal Sufficiency: ~~-~ Patrick G. \Vhite Assistant County Attorney Page 2 of2 Agenda Item No. 16A 19 July 27,2004 Page 4 of 27 c o l~~ - e T C o w. l1. t y --- EXHIBIT A COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES FEE SCHEDULE ace Approved Version, JUly 27 2004 Contents: A} ADMp..,lSTRA 110N ............................................................................................................................................................................................................2 13) BLASTING PERMrrS & INSPECI10N ...... .., ... .......... ................ .............. .... .................. .... ...................................... ............................... .............. ........... 2 C) ENVIR07\"MI~....I.AIA.A:\1)SCAPING .............................. ......... ...... .... ..................................................... ................................. ....................................... 2 D) EXCA VA110N PERMITS ...................................................................................................................................................................................................3 E) FIRE CODE REVIEW [1,1'5............. ................... .................................. ......... .... ............. ............................ ............... .......... ............................ ................... 3 F} Sfrn DI:VELOPME1I<i' P1,ANS.... ....... ......................... ... .... ........... ........... ..... ............. .................... .............. .................. ............. .......................................4 (,.1 SUBDIVISION ................ ...... ......................... ... "" .......... .................... ........... ................................................................................ ....................................... 5 f I) Engineering Inspection Pees .................. ......................... .................... .... ......... ................................ .............................................. ....................................... 6 I) 'IVMPORARY CS E PER \111'S ............. .... ............... ........... """" ................... ......... ............. ................. ............. ............................................................ ....... 6 J) \VEIL PERMITSflNSPECTIONS ...... ............ ..... .... ....... ..... ....... ...... ......... ...... ... ...... ............................ ........... ..................................................................... 6 K) ZONINGfLAND I ISE PEnnONS ...... ............. ................. ......... """ ........ ...... ................................. .......... .................. .... ................................................... 7 I.) ~IISCEI.LA1\;EOVS .......... .................. ......... ...... ... ................... .... ............... ............. .............................. .............................. ........ .... ........... .... ....................... 8 \1) BCIIJ)lNG PERMfi' APPUCN110N H~E .................... ............................ ........ ........... ............... ..................... ......... .............................. ....................... 1 () N) BUUJ)ING PERMfi' rll..F4'i........................... ......... .... .................. ... ............. .... ..... ............. ........................................................... ..................................... 10 m ELHerRle/\I. PERMfr FEES .......... ...... ......... .................... ........... ................. ................................ ............................ ............... ................. ....................11 P) PI.t....MB ING PERMrr H~f'.s .......... ....... ...... ... ....... ................ ......................... ............... ....... ............................ ... ............ ................... ................................. II Q) .\1ECIIANIC.\L PERMfr 1-1:E5 ... ....................... ......... ................... ............. ...... ......... ................... ................................................................................... 12 R) HRE PREVK'\T10N .-\1\1) COl\TROL PER~ffr rliES .................................................................................................................................................12 S) '-'IOBIUi nO.\fi'J'OFHCE TR:\IU~'R A7\1) O'IHER TRAn.ER pERMrr I"m:s .........................................................................................................12 Ti cmCKEES ,-\:,\1) SI\-m.AR ~TRt:CTCRE.<; ................................................................................................................................................................... 12 L) I'(Xll. OR 51':\ PERMn' FEES .......................................................................".........................................".....................................................................12 V) SCREl-::N ENO.OSURE PERMIT & PAN ROOF HiES ...............................................................................................................................................13 Vi) SIGN PER Mrr HiES ........ ... ......... ........ ............ ... ............. ............ ............... ............................. ....................... ........... ....................................................... 13 X) CONVEl\lENOi PliR\fIT HiES .....................................................................................................................................................................................13 Y) REV1SION AND AS HULT J>I./I,N REvrEW I'EE<;; cORREcnONS TO I'I.I\N5............................................................................................. 13 Z) PERMIT EXTl~SION ........................................................................................................................................................................................................ 14 .\A) DEMOLfil0N OF Bt;U.DING OR STRCCl1:RE PER\lrr (.EES........................................................................................................................14 H B) PRE. MOVING INSPI,CnON H'P.s .......... .... .............. .................. ........... ............................... ...................................................................................... 14 CC) INSPI:c1lON H:t?S ....... ..... ............. ..... ......... .............. "..... ......"..... ......" ... ............... .................. .............. .................. .......... ..... .................................. 14 DD) REINSPEC110N EliF.s. ................. ................................. .................. .......... .............................. ...................................................... ................................. 14 J':E) FAII.CRE TO OBTAIN A PERMIT ...............................................................................................................................................................................14 IFI I JCENstNG ....................................................................................................................................................................................................................... 14 (;<iJ DlJPI JCt\ l.li PER~1n' CI\RDS.................. ................. .......................... ........................ ........................................................................................ 15 I fIll (JIANGE OF CO:-'i'RACrOR OR SCBCO""IRAC1'ORS ......................................................................................................................................1.1 j I) PERMIT Hili REFlJl\'OS ..... ......... .................... ..... ........ ......... ......... ................... ................. .......... ................................... .... ......... ............. ....................... 15 ] )l-RECORD RIITRIE'V AI. ...... ......... ..... .......' ................. .'''''' ""'" ........... .... ......... ............. ............ .... ..... ....... .................. ....... .... ......... ...... .............................. 1.1 KKl COPY H{liS ......... ......... .... ................ .............-.. ................. .... ..... ...... .......................... ..................... ......... .......... ............. ......... .... ............. ....................... 15 [.LJ RESEARCH .... ..... .... .......................... .............. '" ...... ........ ............... ... .......... ....... ........... .... ........ ... ................. ............ ................... ............................... ..... 15 \ 1M) SCBSC'R1P'110N SER VICE ......... ................ ................ ... ............. ...... ...... .................. ................... ...... .......................... ................................................ 15 ~:--;l EI.EC1'RONIC DATA COSVERSION seRel lARGE ...............................................................................................................................................1.6 ()()) REGlSTRAT10N OF RE:\T,\1. DWELl .INGS ........................... ....................................................................................................................... 16 PP) HiE WAIVER PR(X:EDl'RFS .......................... .............................................................................................................................................................. I. 6 QQ) ADDrrIONAL H~E Rl-J'L'N'D PROVISIONS ........... ..... ...................... ............. .......... .......... ............. .......................................... ......... 16 CDES Financial Adminl'lTaliol1. rev 07/27J(>> Agenda Item No. 16A 19 July 27, 2004 Page 5 00\217 FEES ARE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION. AND CANNOT BE WAIVED OR SUSPENDED WITHOUT AN ACTION BY THE BOARD OF COUNTY COMMISSIONERS. ANY QUESTIONS CONCERNING THE APPLICABILITY OF FEES SHALL BE CONCLUSIVELY DETERMINED BY THE DIRECTOR OF THE APPROPIA TE DEPARTMENT, AS APPLICABLE. A) ADMINISTRATION l) Official Interpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or Building Construction Administrative Code (Administrative Code). Based on staff hours: Less than 20 hours S 1.500.00, 20 [() 40 hours $3,OOO.(X), more than 40 hours $5.(XXHX) 2) Interpretation request submitted in conjunction with a land use petition or requested during an application review process. $250,()() 3) Dctermination of Vested RighL<;. $IOOJX) (plus the County's out-of-pocket expenses associated with hearing officer and hearings) 4) Appeal of Ve.<;ted Rights Determination. S 1 00.00 5) Amendment to Land Development Code. $3.000.00 6) Appeal of an Administrative Decision (as may be provided for in the Collier County Administrative Code or the LDC). SlOOO.OQ (non-refundable) 7) Appcalto Boord of Zoning Appeals or Building Board of AdjustmenL<; and Appeals (as may be provided for in the Collier County Administrative Code or the LDC). $500.0Q (non-refundable) B) BLASTING PI<;RMITS & INSPloX,''T10N I) 30 day permit fee, non-refundable payable upon application. S250.00 2) 90 d3Y permit fee, non-refundable payable upon application. S.nQO.QQ J) Y c-arly permit fee, non-refundable payable upon application. S 1.500.00 4) Renewal permit fee, non-refundable payable upon application. 5200.00 5) After-the-fact fee, due to blasting without a permit. SlO.OOO.OQ 6) Fine fee. per detonated shot with after-the-fact pemlit. S200.00 7) Handler fcc, for handler who assiSl<; the user or blaster in the use of explosives. 5100.00 8) Blasting Inspection Fee. S2(X).00 (per inspection) 9) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of blasts. Upon <.:omplelion, fees will be adjusted to rencet actual number of blasts. C) ENVIRONMENTAL/LANDSCAPING I J Site Clearing Permit, tlrst acre or fraction of an acre. 5250.00 Each additional acre or fraction of an acre. 550.00 (S3,OOO.OO m.aximum) 2) Agricultural Land Clearing a. Land Clearing Notification S250JXJ b. Land Clearing Permit $250.00 Each additional acre or fraction of an acre. $50.00 ($3,000.00 maximum) ("DES Finam:ial Administration, a'v 07/27/04 Agenda Item No. 16A 19 July 27, 2004 Page 6 oo~ 3) Landscape Tree Removal Fee 5250 4) Environmental Impact Statemcnt (EIS) SI600.00 5) Landscape Re-inspcction 1st 550.00. 2nd 575.00. every inspection afterward $100.00 6) Vehicle on the Beach Permit Application. $250.00 (Permit fee shall be waived for public and non- profit organizations cngaging in environmental activities for scientific, conservation or educational purposes). 7) Reserved 8) Special Treatment Review a. First five acres or less. $400.00 b. Each additional acre, or fraction [hercof. 550.00 (S5,OOO.(X) Maximum) 9) Coastal Construction Sctback Line (CCSL): a. Permit - Dune Walkover. 5150.00 b. Permit - Dune Restoration. 5200.00 e. Variance - Petition. SIlXlO.OO lO) Sea Turtle Permit- a. Sca Turtle Handling Permits. rum b. Sea Turtle Nesting Area Construction Permit 5200.00 c. Sca Turtle Nest Relocation. S 100.00 I I) V cgetation Removal Permit a. First acre or fraction of an acre Icss. 5250.00 b. Each additional acre. or fraction thereof. 550.00 ($3,000.00 Maximum) 12) Aftcr-thc-fact Environmental or Landseape Permits a. CCSL Variance Petition. 2x normal fee b. All other Environmental or Landscape Permits. 4)(. normal fee D) EXCA V ATION PER.MITS I) Annual Rcnewal. S300.00 2) Application (Private). $400.(X) 3) Application (Commercial). $2.000.00 4) Application (Development). $400.00 5) Monthly inspection fee (commercial, developmem & private) 5200.00 per month 6) Reapplication: 5300.00 plus 5200.00 per month inspection fee 7) Cubie Yardage Review Fee: 5200.00 first 5000 cy. plus $10.00 per additional 1000 cy with a maximum of S20,Om.00 8) Time Extension. $]50.00 plus SIOO.()()pcr month inspection fee 9) After-tho-fact Excavation Pennil. 4x application fee E) FIRE COOE REVIEW liEF,S ! ) Fire Code Review fees a"socialcd with each of the following processes: a. SDP - Site Development Plan S200.00 b. SDPA - Site Development Plan. Amendment S 150.00 (,DES (,inancial Administration. n:v 07/27/(>> Agenda Item No. 16A 19 July 27, 2004 Page 7 oo2V c. SDPI - Site Development Plan, Insubstantial d SfP.. Sile Improvement Plan e. SIPf - Site Improvement Plan, Immbstantial f. PSP.. Preliminary Subdivision Plans g. PSPA - Preliminary Subdivision Plans. Amendment h. PPL - Plans & Plat, Subdivision I. FP - Final Plat J. CONSTR - Construction Plans, Subdivision/Utilities k.. ICP - Construction Plans, Insubstantial I. DRI - Development of Regional ImpaL't m. DOA - Development Ordct', Amendment n, PUDZ - Planned Unit Development, Re?,one o. PUDA - Planned Unit Development, Amendment p. POI - Planned Unit Development, Insubstantial q. RZ - Rezone, Regular Zoning. r. CU .. Conditional Use 5100.00 5150.00 S I 00.00 Sl~O.OQ $100.00 5100.00 5100.00 SlOO.OO SlOO.OQ 5200.00 515().(X) 5 1 ~O.OQ 5150.00 .$100.00 SlOO.OO 5150.00 F) SIT,,; DJ:t:Vfo:LOPMJ<:NT PLANS 1) Site Development Plan Review (SDP). S5000.(X) a. plus 540.00 per DIU b. plus $100.00 per residential building structure; c. plus S.10 per square foot for non-residential d plus S200.00 per building for non-residential. e. Additional fees for 3ro review 51.000.00, 4th review S1.500.(X}. 51h review $2.000.00. 6th and subscqucntrevicws 52.500.<X> 2) Pre-application fee. S500.00 (to be credited toward application fee upon submiual.) a.. Second and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre-app mcctings at staffs request will be held at no charge to the applicant. c. Applications submitted 9 months or more after the date of the last pre-app meeting shall not be l'J"editcd towards application fees and a new pre-application meeting will be required. J) Simultaneous Review Fee (planning review of simultaneous building permit applications) $100.00 per building permit application 4) Site Development Plan Insubstantial Change a. Site Development Plan Insubstantial Change. $400.00 for first sheet, $100.00 for each and every additional sheet submitted. b. Additional fees for yo review $] .000.00. 4th Review $1.500.00. 5th and subsequent review $2,000.00 5) Site Development Plan Conccptual Review $750.00 6) Site Improvement Plan Revicw (SIP). S 1 000.00 (plus Engineering review fees) 7) Uti lity Plan Review & I nspccti on Fees- a. Construction Document Review. 0.75% of probable watcr and/or sewer construction costs b. Construction Inspection.2.25cn, of probable water and/or sewer construction costs c. Construction Document Resubmission or Document Modification, submit as insubstantial change. $ 150.00 for first sheet, $75.00 for each additional sheet 8) Engineering Sile Plan Review Fce CDES Financial Admilli<tr"r.ion, rev 07/27/04 Agenda Item No. 16A 19 July 27, 2004 Page 8 oi;~ a. Conslruction Documents Review 0.75 % of probable cost of construction of roadways, drainage & stonnwater management system b. Construt'tion Inspection 2.25% of probable cost of construction of roadway, drainage & stormwatcr management system 9) Site Development Plan Amendment 52.500.00, a. Plus S40.00 IX'f DIU plus $100.00 per residential building slructure b. plus ~per square foot c. plus 5200.00 per building for non-residential d. Additional fees for 3rd review SJ.{XlO.OO, 4th Review 51.500.00. 5th and subsequent review $2,000.00 10) SBR Fees a) Pre-Acquisition Meeting 5500.00 (no refhnds or credits) bl Pre-applkation fec. SSOO.OO (to he credited toward application fee upon submittal.) (all nonnal pre~ application provisions apply) c) SBR Fec S5000JlO with hourly reconciliation at projcct completion for hourly variation greater than 10%, final project charges at $100.00 per hour for aU associated Slaffhours 11) Violation of the conditions of approval of the SDP/SIP or installation of improvements. clearing, or other land alteration not depicted on, or otherwise authoril.ed as a (YMt of the approved SDP/SIP. 4x the SIPISDP application fee G) SUBDIVISION I) Lot Line Adjustment 5250.00 2) Subdivision Review Fees- a. Construction Documcnt 50.75% of probable eost of construction b. Conslruction Document Rcsubmission or Document Moditication -Submit as Insubstantial Change $150.00 for (irst sheet, S75.(X) for each additional sheet c. Subdivisions. 3rd and subsequeIlt additional reviews and substantial deviations from approval construction documents 5500.00 d. Subdivision Inspection Fee 2.25% of probable cost of (~nslruction for construction inspection. 3) Subdivision. Preliminary Plat (PSP)- a. Petition Application SIOOO.OO plus 55.00 per acre (or fraction thereOf) for residential, plus 510.00 per acre (or fraction thel\.'Of) for non-residential; (mixed use is rc.<;idential) 4) Subdivision Final Plat S1OOO.00 plus SS.lX) per acre (or fraction thereot) for residential, SI000.00 plu.~ S 10.00 per acre (or fraction thereot) for nonresidential; (mixcd use is residential) 5) Additional review of construction plans for pha<;ed construction of subdivision improvements. 51000.00 per phase 6) Two-year Extension $150.00 7) Waler and Sewer Facilities Construction Documenl Review 0.75% of probable water and/or sewer construction COSIS 8) Construction Document Rcsubmission or Document Modi lication 0.25% of probable waler anlVor sewer construction costs - 3rd and subsequent rcsubmittals $500.00 9) Constmction Inspection 2.25/!'c; of prohable water and/or sewer construction costs CDES !'joan<:I'l1 .'\drnini<tration, rev 071'27/04 Agenda Item No. 16A 19 July 27,2004 Page 9 oo&' 1 ()) Violation of the conditions of approval of approved construction plans or installation of improvcmcJlt<;, clearing, or other land alteration not depicted on, or otherwise authoriled as a part of the approved construction plans or penn it. 4x the PSP or Final Plat Review Fcc. 1 n Administrative Amendment $250.00 H) ENGINEERING INSPECTION >>:ES I) Engineering Inspection Fee $150.00 per residential dwelling unit (single or duplex only), charged at time of building pennit issuance. 2) Re-inspection Fees: 1"' re-inspection 575.00. 2nd re-inspection 5100.00, 3cd and thereafter re- i nspeclion $125.00 I) TI<:MPORARY US.E PF:RMITS 1) Beach Events Pennits- a. Individual Pcnnit $100.00 b. Block of 25 calendar days 52.250.00 c. Block of 50 calendar days 54.500.00 d. Block of75 calendar days $6.750.00 c. Block of 100 calendar days 59.000.00 f. Block of 125 calendar days 511.250.00 g. Block of 150 calendar days $13.500.00 2) Temporary Use Penn it Special Sales & Events. $200.00 3) Model Homes and Sales Centers $500.00 4) Cons.truction and Development $125.00 5) Residential and Non-Profit Garage and Yard Sale Pcnnits No Charge 6) Temporary Use Amendment. 5100.00 7) Renewals or extensions requested after the expiration date $200.00 8) Temporary Use Permit for Special Evcnt..'l requiring BCC approval, including Circus and Carnival Permits. S275.00 9) Political Signs (Bulk Temporary Pennit) $5.00 a. A deposit of S500.00 will be posted by political campaigns at the time of securing a Political Sign permit Forfeiture from this deposit will be in the amount of $100.00 per written notice of violation of applicable sign ordinance rcquirements for the 3cd and following such notices of violation. Such forfeiture shall be based on noth.'es of violation per campaign, and not per individual sign. Deposit, or remaining balance of deposit. will be refunded upon completion of campaign and certification by Code Enforcement staff that the campaign is in compliance with all provisions of applicable code rctluiremcllts. 10) Fees for Temporary Use pcnnits issued After the Fact, A TF: 2x nonnal fec J) WELL PERMlTSIINSPECTlONS I) Hydraulic elevator shaft permit S300.00 em,s I1nandal Adminislr.llion, rev 07/27!04 Agenda Item No. 16A 19 July 27, 2004 Page 10 oi2W 2) Test hole pcnnit (including 1st six holes) 5300.00, each additional hole 520.00 J) Well pennit (abandonment) 550.00 4) Well permit (construction, repair. or combined construction and abandonment at one site) 5300.00 5) Well pennit (monitoring) $150.00 6) Well Permit (modification of monitorltcst well to a production well) 575.00 7) Well Reinspcctions a. First Rein~'PCction 2l.5.00 b. Second Reinspcction S100.00 c. TIlird Reinspcction SI50.00 8) After the fact well permits 4x. nonnal fee per violation. NOTE: Multiple wells may be allowed on one pcnnit. but each well must be accountcd for and the appropriate fee shaH be charged for each well in accordance with the above listed schedule. K) ZONlNG/L\ND USE PETITIONS I) Pre-application fee 5500.00 (to be credited toward application fee upon submiUal.) a. SC{,'Ond and subsequent pre-app meetings at the applicant's request shall not be credited towards application fees. b. Second and subsequent pre-app meetings at staffs request will be held at no charge to the applicant, c. Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. 2) Akoholic Beverage or Service Station Separalion Requirement Waiver SIOOO.(X) 3) Boat Dock Extension Petition 51.500.00 4) Conditional Use Pennit $4.000.00 < 51.500.00l when filled with Rezone Petition) 5) Conditional Use Monitoring Review: S750.00 6) Conditional Use Extension S3,OOO.OO 7) DRl Review nn addition (0 cost of rezone I $10.000.00 plus ~an acre (or fraction thereof) 8) DRII DO Amendment S6,OOO.OO plus 525.00 per acre (or fraction thereof) 9) DRIABN - DRI Ahandonmcnt51.500.00 10) Flood Variance Petition $1000.00 I1) Interim Agriculture Use Petition 5350.00 12) Non-Conforming UscChange/Altel"Mion $1500.00 13) Parking Exemption 51500.00 14) PUD Amendments (PUD to PUD): 58.000.00 plus $25.00 an acre (or fraction thereof) 15) Propeny owner notifications: S 1.00 non.certified mail, $3.00 certified retum receipt mail (Petitioner to pay this amount prior to advertisement of petition) 16) Planned Unit Development Amendment (Insubstantial) S 1500.00 CDES f~nan"i"l Adl1linislr~li{ln, rev 1l7/27f().l Agenda Item No. 16A 19 July 27, 2004 Page 11 milev 17) Rezone Petition (Regular) $6.000.00 plus $25.00 an acre (or fraction thereof) 18) Rezone Pctition (to POO) S10,000.00 plus~ an acrc (or fraction thereol) 19) Street Name Change (Platted) ssm.oo plus Sl.lX) for each property owner requiring notification of proposed street name change. 20) Strcet Name (unplatted) or Project ~amc Change $500.00 21) Variance petition: $2.000.00 residential, $5,(X)().00 non- residential 22) Variance (Administrative) $1.000.00 23) Zoning Certificate: Residential: S50.00, Commercial:$125.00 24) PUD Extension - Sun Setting: $] 000.00 25) Sign Variance Petition: $2000.00 26) Stcwanlship Receiving Area Petition (SRA): 57000.00 per SRA plus 525.00 per acre for. Stewardship Sending Area Petition (SSA): S7000.00 per SSA plus $25.00 per acre. 27) After-the-Fact Zoning/Land Use Petitions 2x the normal petition fee 28) Land Use Petition Continuances a. Two days or less prior to meeting ~500.00 b. Requcsted at the meeting 5750.00 c. Resultant additional required advertising eharged in addition to continuance fees. 29) PUD Monitoring Fee (one-time charge at rime of building permit pick-up) a. S75.00 per dwelling unit within a PUD b. SO.IO per square foot for commercial or industrial construction within a pun L) MISCEI.LANEOUS () Reserved 2) Reserved 3) Official Zoning Atlas Map Sheet Publications, maps. and rep()rl~. S.50 as set forth in Resolution 98-498. as amended. 4) Reserved I I I _-I 5) The fee for researching record", ordinances, and ccxics shall be at no charge for the first hour, then at the base salary hourly rme of the staff member conducting the serviee for time in excess of 1 hour. 6) The fee for crearing and designing special computer generated reports that arc not a part of regular standard repons shall be at no charge for the tirst hour. then at the base salary hourly rate of the staff member conducting thc service for timc in c"cess of I hour. 7lCD Burning: S 1.00. lloppy disk: $.50 CDES !-1nancial Admini,tr~ti()n. rev 07i27~>> Agenda Item No. 16A 19 July 27, 2004 Page 12 oo~ 8)Complcte sct" of Official Zoning Atlas ~fap Shects $1 DO.OO per set. 9)Photocopies of documcnts lcss than 11 x 17 inches: SO. 15 one sided. SO.20 two sided. other sizes at cost of production a. Ccrti fied copy of public rccord S 1.00 each. 10) Property Notification Addrcss Listing: a. MS Excel spreadsheet on Disc 570.00 b. Print out on Paper $75.00 + 0.05 for every record ovcr 1500 c. Mailing Labels s.IDl.OO + Q,ilii for cvery record over 1500 d. Print out on Paper + Mailing Labels 585.00 +0.11 for every record over 1500 11) Comprehensive Plan Consistency Review a. CU's 5300.00 b. Rewnings 5750.00 c. Pud's or PUD Amendment": 52250.00 d. Lctler of GMP consistency to outside agencies: 5250 12) Plan Review Fee (for planning review of all building pennit applications) a) Long forms: $75.00 per building pennit application b) Express penllits: $15.00 per building pennit application 13) Project Mcctings a. Mectings with Departmental Project Approval Staff member per applicant request, reviews and petitions in progress. 5150.00 per one hour minimum. $75.00 per V% hour thereafter. Additional Dcpartmcnt staff attending mecting per applicant request $75.00 per h hour per staff member. Tnlcr-Departmental Project Mccling per applicant request. site plan reviews and land use IXtitions in progress. $500.00 {X."l' one hour minimum, $250.00 per y, hour thereafter. b. 14) Adequate Public Facillties a. Planning Applications requiring COA process review (such as FP'$, PPL's & SIP's. SDPs) $200.00 + 25.00 per residemial dwelling unit or + 25.00 per tOOO sq ft commercial ($5000.00 ma.'~imum) b. Building pennit applications requiring COA process review not covered under 12.a above 5100.00 per building pennit application. 15) Zoning Confinnation Letters a. Standard Response 5100.00 (includes up to 1 hour research) b. Extended Research $100.00 per hour (any response with research in excess of 1 hour) 16) Zoning Letter Appeal 5250.00 17) COD a. Community Development District $15.000.00 b. Chapter 189 Special District, Independent or Dependent, S 15 .000.00 18) GMP Amcndment a. Small Scale 59000.00 b. Gencral $16.700.00 c. Legal advertising jn addition to sub-sections a and b fees. and subject to applicable fee schedule provisions. d. Pre-application mectings for GMP consistency for development orders and zoning/land use petitions: 5250 ("DES Finandal Adlllini,rrari,," l'l'V 07/271\>> Agenda Item No. 16A 19 July 27,2004 Page 13 otl0i' e. Pre-application meetings for GMP amcndment pelitions: $250 (to be credited toward application fee upon submittal) 19) Application for issuance TDR. $250 (non-rcfundablc);plus 525 per TDR issued and recorded (total fees not to exceed 52750) M) BUILDING PERMIT APPLICATION FEE 1) A pennit application fee shall be collected at time of applying for a building pennit. The pconit application fee shall be collected when the plans are submitted for review. The fee shall be applied toward the lOlal pennit fee. The applicant shall forfeit the application fee if the applicalion is denied or if the application is approved and the pcnnit is not issued within the time limitation as stated in Section 103.6.U oflbe Collier County Ordinance No. 91-56. as amcnded. 2) Application fee will be computed as follows: a. Single family and duplex ~ per sq ft with minimum ofSIOO.OO b. Multi-Family & Commercial ~ per sq ft up to 10,000 sq ft, ~ for over 10,000 sq. ft. 3) Maximum application fee shall NOT exceed 55.000.00. 4) Minimum fee of 550.00 for each of the following: plumbing; mechanical (A/C); ck'Ctrical; fire; and building, when applying for additions/alterations. Minimum fee for all other applications = $50.00. 5) The balance of the tOlal pennit fee will be collected at the time of issuance of the pennit and will include allY fee adjustments necessary. N) BUILDING Pfo:RMIT FKES l) The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of l"OnslruClion cost or based on calculated cost of construction as set forth on the auached Building Valuation Data Table "'(Exhibit B), whichever is greater. Valuation of construction costs of less than $750.00 . No penni! or fee is required, but construction must comply with all County Codes and Ordinances. If jlls~tions arc required by the Building Official or requested by the applicam, the appropriate fees shall be paid. "SBCCI Building Valuation Data Tabte, produced March 31.2002 EXCEPTION: All work involving structural components and/or fire rated assemblies requires permits and inspections regardless of construction cosl. signs must se-cure pennits as stated in Collier County Ordinance No. 2002-01, as amended. a. Valuation of construction costs of $750.00 through $4,999.99 - With one or no inspections~. With multiple inspections 5100.00 b. Valuation of construction costs of S5OO0.00 through $49,999.99- With one or no inspections - .$1!100 plus $6.00 per thousand dollars, or fraction thereof, of building valuation in excess of 52,000.00. With multiple inspections - moo plus ~ per thousand dollars, or fraction thereof, of building valuation in excess of S2000.00. ,- C. Valuation of construction costs of 550,000.00 through $1,000,000.00 - S2S0.IXl plus $2.40 per thousand dollars. or fraction thereof, of building valuation in excess of $50,000.00. CDES Finanel'!! Admini~tTali,,", rev 07/27!O.l Agenda Item No. 16A 19 July 27, 2004 Page 14 oi;~m d. Valuation of construction costs over $1 ,000.000.00 - 52800.00 plus 52.40 per thousand dollars, or fraction thereof, of building valuation in excess of 51,000,000.00. 0) ELECTRICAL PERMIT F"~ES 1) TI1C fces for electrical permits for new structurcs or placement or relocation of structures shall be computed as follows: a. ~ per ampere rating of all single-phase panel boards. b. ~ per ampere rating for switch or circuit whichever is greater, if item #1 above docs not apply. c. When not a complete installation. all switch and cin.:uit breakers ahead of panel boards shall be computed at SO.15 per ampere. d. Permit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities. e. The minimum for any electrical permit shall be 550.00 per unit or tenant space. r. Fifty percent (50%) in additional fee costs shall be added to all above fees for three phase installations. EXCEPTION: Ordinary repairs limited to a $200 value or less may be mHde without a permit Rt.'{lairs must comply with all County Codes and Ordinances. If inspections are required by the Bui lding Oflicial or requcsted by the applicant, the appropriate fees shall be paid. P) PLUMBING PERMIT FE.ES I) The following fec calculations shall be applied separately when the pennit involves mixed occupancies. a) Residential occupancies: The fee for a plumbing permit shall be computed at the rdte of $50.00 to be charged for each living unit with one to three bathrooms. An additional fee of $10.00 will be assessed for each additional bathroom. b) Nonre.<;idential occupancies: The fee for a plumbing permit slu1l1 be computed by the following methods. whichever is calculated to be the greatest fee: a) The rate of $3.00 per 425 square fect of t1<x)r area. or fraction thereof; or b) Institutional facilities. hospitals, schools, restaurants and repairs in any occupancy b) classification shall be charged at the rate of s..L.OO per fixture unit or c) Minimum of S50.00 for each occupancy or tenant space. 2) Grease traps: An additional fee of $,iO--'-.Q9 shall be assessed for each grea<;e trap. J) 111e cost for retrolit piping shall be computed at the minimum fee of 50.00 per !loor for each main riser. 4) The cost of a permit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution. 5) TIle minimum plumbing pennit fec shall be 550.00. ("DES l'inancial Adl1lini'lr~lI(,". n,v 07/27/(>> Agenda Item No. 16A 19 July 27, 2004 Page 15 ~2fil Q) MECHANICAL PERMIT FJ<:.ES I) The following fee calculations shall be applied separately when the peonit involves mixed occupancies. a. Residential occupancies: The mechanical peon it fees shall be computed at the rate of $50,00 for each living unit up to three tons of air conditioning. Each additionaltofl or part thereof shall be $3.00 per ton. b. Nonresidential occupancies: The mechanical permit fees shall be (.'omputed by one of the following methods. whichever is calculated to be the greatest fee: The rate of ~ for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall he $3.00; or The .rate of $3,00 per 425 square feet of floor area, or fraction thereof. 2) The cost of retrofit piping shall be computed at the minimum fee of $50.00 per floor for each cooling tower. or ~ for the first 3 horsepower and ~ for each additional horsepower. whichever is greater. 3) TIle minimum mechanical peonit fee shall be $50.00. 4) A peonit for the change out of components shall be calculated at the above mechanical peonit fee rate or the minimum fee whichever is greater. R) l"lRE PREVENTION AND CONTROL PERJ\.-IlT n:F.8 1) The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this Schedule of Development Review and Building Peonit Fees shall apply to Fire Prevention and Control Pennits for both the independent and dependent fire districts. S) MOBILE HOMElOli'FIt.'E TRAlI..t:R AND OTHER TRAILER PERJ\.-UT FEE..c.; II The permit fee shall be 550.00 to set-up a single-wide trailer or mobile home on an approved site plus electrical. plumbing, mechanical and tlre protection fet~s as applicable. 2) The permit fee shall be $75.00 to set-up a double wide or larger mobile homes on an approved site plus electrical. plumbing. mechanical and fire protection fees as applicable. T) CHICKEES AND SIMILAR STRUCTURE..c.; l) The peonit fee will be based upon a calculated cost of constrUction of $4.00 per square foot under roof or the contractor's estimated cost of construction, whichever is greater. TIle fee will then be calculated in accoroance with Section N of this Resolution. Additional permit fees for electric, plumbing, mechanical, fire, etc., will be charged when applicable. U) POOL OR SPA PI':Rl\UT .FE.:S I ) For construction of each public pool or spa the fee shall be- a. Valuation of construction costs of up 10 $4.999.99. $ HX).OO ("DES Financial AdmiTlistrollion, rev 07127/()4 Agenda Item No. 16A 19 July 27, 2004 Page 16 ool2~ b. Valuation of construction costs of S5000.00 through $49.999.99: 580.00 plus 57.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2.000.00. c. Valuation of construction costs of 550,000.00 through 51.000,000.00: $333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of 550,000.00. d. Valuation of mnslntction costs over $1 J)()(),(X)O.OO: 53474.00 plus S3.00 per thousand dollars. or fraction lhereof, of building valuation in excess of SI,OOO,OOO.OO. 2) For construction of e.1ch private pool or spa the fee shall be: 5 I 00.00 V) SCREJ.;N ENCLOSURE PERMIT & PAN ROOF FI<;F-S 1) Constntction costs shall be calculated as follows: a Screen Roof. 52.00 per sq. ft. of floor area. (Screen Walls Only) b. Pan Roof. $3.00 per sq. fl. of floor area. (Screen Walls Only) c. Existing Roof. S2.GO per sq. ft. of floor area. (Screen Walls Only) 2) The screen enclosure or roof fee will then be calculated in accordancc with Section N of this Resolution. W) SIGN PERMIT FEF....'i I) Sign pcnnit fees will be calculated in accordance with all applicable Building Permit Fees and Elcctrical Pennit Fees outlined in this documenl, the Collier County Development Fee Schedule The minimum building permit fee for sign shall be 575.00. 2) Multiple signs of (he same type (i .c., wall signs) and for a singlc project may be allowed per one penn it, however an appropriate fee shall be charged for each sign in accordance with the schedule sct forth in the above subsection I of Sign Pennit Fees. X) CONVENIENCE PERMIT FEES 1) Convenience pennits arc issued in blocks of to cacho Only licensed contractors arc eligible to purchase l.:Onvenicnee penn its. Convenience permits are limited 10 thc use specified on the pennit. The fee for a book of 10 convenience pemlil<; is $4W.OO. Y) Rft;VISION AND AS BUILT PLAN REVlft:W FKE..~; CORRJo;CTIONS TO PLANS 1) PERMIT AND PLAN REVISIONS The fee for eaeh pennit revision submittcd aftcr pennit issuanee shalI be calculated using fee schedules outlined in Sections N through R above. The minimum pcnnit fee for rcvisions 10 pennittcd projeclS shall be S50.00. 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (10%) percent of the original building permit fee or 5150.00, whichever is greater. but shall not exceed 5500.00. The fee is intended to cover the cost of rcviewing amended building plans in the office 10 detennine that change orders and various field changes are in compliance with the minimum construction and fire codes of Collier County. The following are required for as-built drawings review: a. An itemized list of all changes made after penni! plan approval. b. A<;-built plans that have all changes made after pennit plan approval "doudcd~. C. As-built plans and changes shall be signed and scaled by the engineer andlor architcct of record. J) CORRECTIONS TO PLANS a. First Correction to Plans. ;jo charge b. SC(.'(llld Correction 10 Plans. $75.00 CDES !'in'lncial i\dlllillistrdtioll. rev tl7/27f(>> Agenda Item No. 16A 19 July 27,2004 Page 17 ofi;e~ c. Third & subsequent correction to plans. $100.00 Z) PERMIT EXTENSION 1) The tiling fec for each permit extension shall be equal to 10% of the original building permit fee or $100.00. whichever is greater. but shall not exceed S500.00. 111e filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance AA) DE.MOUTION 01<' BUlLDlt'lG OR STRUcrURE PERMIT I<'EES I) The permit fee shall be $50.00 for the demolition of any building or structure. BR) PRE-MOVING INSPECTION FEES I) The fee shall be S150.00 for the pre-moving inspection of any building or structure. CC) INSPI<:CTION :FE.ES 1) A charge of S20.00 per inspection shall be assessed lor inspections lor which a permit is not necessary. 2) A user fee of ~ per inspection shall be assessed for inspections on a time specified basis. 3) A user fee of $120.OQ per inspection shall be assessed for inspections requested after normal working hours. (Normal working hours for inspections arc Monday through Friday, 8:00 AM In 3:00 PM, excluding holidays.) 4) First Partial inspection for single-family & tenant buildout No charge 5) Second & subsequent partial inspections for single-family & tenant buildoul. S25.00 DD) REINSPECTION FEl'~ 1) Rc-inspections for any type of building permit. or required Engineering re-inspections, shall result in an additional fee of $75.00 per inspection for the first re-inspection, $l<XlOO for the second re- im;pection and $125,00 for the third and each successive re-inspection. EE) FAILURE TO OBTAIN A PJ<:RMIT I) "Vhere work for which a permit is required is Slarted or proceeded with prior 10 obtaining said permit, the fees herein specified shall be four times the regular fee not to exceed $1000.00 for permits costing $250.00 and less. The penalty for failure to obtain a permit when one is required having a cost greater than $250.00 shall be two times the regular amount. The payment of such fee shall not relieve any person from fully complying with !lle requirements of any applicable construction code or ordinance in the execution of the work, or from any penalty prescribed within any constru<;tion code, law or ordinance of Collier County. ~..-.. 1<'1") UCENSING I) The fee for licensing items is as follows: a. Lelters of Reciprocity. 53.00 b. Contractors Change of Status. SIO.OO c. Voluntary Registration of State Certified Contractors. S 10.00 (,DES f'in311<:lal-\dlTuni'lT3!ion. rev 07127/0~ Agenda Item No. 16A 19 July 27, 2004 Page 18 ofi;e~ d. Pictures. S2.00 e. Laminating $ t .00 (pcr license) GG) DUPLICATE PE&.\tlT CARDS t) The fee shall be $5.00 for the issuance of a duplicate pcnnit card for whatever reason. HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS I) To record a change of cOnlractor or subeontra(.tor, on a penn it that has been issued, the fee shall be S50.00. This fcc includc..'lthe issuance of a new permit card. II) PERMIT FE}': REFUNDS 1) If requested, in writing by the owner or his authorized agent. 50% of the fees charged, other than the application fcc, may be retimded provided that a rx:rmit has been issued, construction has not commenced. and the refund is applied for prior to the cancellation of the permit J.f)-RECORD RETRIEVAL 1) No charge for retrieving records from inactive or remotc storage including microfilmed documents KK) COpy FEK~ 1) The fee for blueprint and miscellanco1l'1 copying shall be as follows: a. Microlilm copies. of documents less than II x 17 inches: SO.15 othcr sizes at cost of production. f. Microfilm or Blueprint copies: 18 X 24 $1.25 per page 30 X 36 $2.50 per page 30 X 42 $3.25 per page 34 X 44 $5.00 per page g. Community Development self-service copier. public access and not related to publie record retrieval or public record copics: documents less than 14x8.5 inches SO.15 per page inclusive of sales tax. Lt) RF.8EARCH 1) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in exces..'l of 1 hour 2) The fee for creating and designing special computer generated reports that are not part of the regular standard reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting the service for time in excess of I hour. J\JIM) SUBSCRU'flON SERVICE The fee for one-year suh~ription servicc to be mailed quarterly shall be S 15.00 per year. The subscription year is from Oct. I through Sept. 30. ('DES t~nancial Admini<lr~lion< rev 07/27/(>> Agenda Item No. 16A 19 July 27,2004 Page 19 ooe~ NN) ELECTRONIC DATA CONVJ<:RSION SURCHARGE I) A surcharge in the amoullt of 3% of the building pennit application fee, with lhe minimum surcharge being ~ and the maximum being S 150.~, will be applied to every building pennlt application submitted. A flat fee of $3.00 per pennit will be charged for those pennits for which an application fee is not required per item (M) of this Schedule. (0) REGISfRA TION 01-" RENTAL DWELLINGS 1) The fee for registration of rental dwellings is as follows: a. Initial Registration Fee - S30.00 b. Annual Renewal - 520.00 c. Late Fee - $10.00 PP) FEE W A IVI<:R PROCEDURF..s 1) Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver requests for development review and building pcnnit fees shall be submitted in writing directly to the appropriate Community Development & Environmental Serviees Division Staff, who will prepare an executive summary for consideration by the Boan:!. Such requests shall include a slatement indicating the reason for the fee waiver request and, if applicable, the nature of the organi741tion requesting the fee waiver. QQ) ADDITIONAL I"EI': RI':J."UND PROVISIONS I) PAY MENT 01" );l'Jo':ES: Full payment of fees is required for a complete application. Department policy requires full paymem of fees at the time of application submittal. No work will begin on staff review of the application umil aU fees are paid in full. If full payment of fees is not received within 14 calendar days of application submittal, the application will be considered void. At this point, a new application and full payment of fees will be required to proceed with a project. 2) There will be no refund of Planning. Environmental, or Engineering related fees, except those applications which have been decmed not sufficient for staff review and are withdrawn within 30 days of notification will be entitled to a 50% refund. After 30 days from such notification, there will be no reCund of submitted fees. 3) In no cases will there be refunds for prc-application fees, data conversion fees, appeals of administrative deeisions, or appeals to the Board of Zoning Appeals or Building Board of Adjustment. 4) If staff error causes the inappropriate or unnecessary filing of an application and payment of fees, 100 percent of all inappropriate fees, shall be refunded upon written request and with the concurrence of Department management 5) In those cases where alternative methods or timing of payments for CDES services and I or fees listed in this schedule associated with SBR reviews arc dcemed to best serve the public good, the Community Development and Environmental Services Administrator will have the authority to approve such alternatives. Such alternative must he in writing and signed by all principals involved. In no case shall final e.O. or such certifications of project completeness be issued umit payments due CDES arc rtXcivcd in full. 6) All hourly fees arc computed and charged from actual Divisional time tracking records. CDES Financial Admillistr3ljflll, rev 07127f04 7) All acreage totals llSed in fee calculations will be rounded up to thc nearest whole acre. Agenda Item No. 16A 19 July 27, 2004 Page 20 oo21P 8) Any legal advertising required during any CDES activity or approval process wdl be charged in addition to stated fec..~, at actual costs. CDES reserves the righlto charge an estimated amount with the initially required project fees, and will rcconcile and adjust such charges against actuallegaJ advertising billings at the completion of the project. 9) When deemed essential for projcct review or approval, there will be no additional charge for any meetings requested by CDES slafT. CDES Financial A,,'mill1<lrdli"'l, rev 07/27f{>> Agenda Item No. 16A 19 July 27, 2004 Page 21 of!!l2l7' BUILDING VALUATION DATA As a service to our members, SBCCI offers the following building valuation data for the Standard Building Code@) and the International Building Code@. The building valuation data represents the current average construction costs per sq. ft. The average costs include structural, electrical, plumbing, mechanical, interior finish, normal site preparation (excavation and backfill for building), architectural and design fees, overhead and profit. When using this data, it should be noted that these are "average" costs based on typical construction methods for each occupancy group and type of construction. These figures should be adjusted as appropriate. Occupancies are divided into two categories: "good06 and "average,"1 to reflect the broad range of construction values. This data was compiled by SBCCI using the Marshall Valuation Service as published by the Marshall and Swift Publication Company, Los Angeles, Califomia. Note: Alabama is the base state for this table. Building Valuation Data produced March 31,2002. Data in the tables must be multiplied by the appropriate regional modifier. Type of Construction' Occupancy I II III IV' VS VI$ 1-HR I UNP 1-HR I UNP 1-HR I UNP STANDARD BUILDING CODE@ Assembly Auditorium -Good 131 126 101 64 62 100 96 66 62 - Average 96 93 73 45 42 72 68 46 42 Church - Good 127 122 103 89 87 102 98 81 92 - Average 93 90 75 65 63 74 70 70 66 Gymnasium - Good 104 104 83 76 73 82 78 79 75 - Average 77 77 61 54 52 60 56 57 53 Restaurant - Good 108 108 89 82 80 88 85 85 81 - Average 81 81 70 62 59 69 65 66 62 Theater - Good 123 119 86 78 76 85 81 81 77 - Average 92 90 62 55 53 61 57 58 54 Buslne.. Office - Good 113 109 89 80 77 88 84 85 81 - Average 86 82 65 56 53 64 60 62 58 Research/Engineering - Good 72 69 63 57 55 62 58 59 55 - Average 53 51 45 39 37 44 40 41 37 Service Station - Good 108 104 87 85 82 86 82 72 68 - Average 98 94 73 70 68 72 68 61 57 Educational School - Good 104 104 87 80 77 86 82 83 79 - Average 81 81 68 61 58 67 63 64 60 Factory-Industrial Factory (light MGF) - Good 44 42 44 38 36 43 39 41 37 - Average 30 29 33 27 25 32 28 30 26 Hazardous (Sprinkler System Included)' Hazardous - Good - Average 46 32 43 30 46 35 40 29 38 27 Agind 38 28 , Page 22 of 27 Type of Construction" Occupancy I II III IVS VS VJS 1-HR I UNP 1-HR I UNP 1-HR I UNP Institutional Convalescent Hospital - Good 139 135 106 89 87 105 NIP' 101 NIP' - Average 114 111 82 68 66 81 NIP' 78 NIP' Hospital - Good 199 195 159 89 87 158 NIP' 151 NIP' - Average 151 149 119 68 66 119 NIP' 114 NIP' Mercantile Department Stores - Good 89 87 76 56 54 75 71 59 55 - Average 68 67 62 43 40 61 57 46 42 Mall Stores - Good 102 102 74 67 64 73 69 70 66 - Average 83 83 61 54 52 60 56 57 53 Mall-Concourse - Good 80 80 59 56 54 58 54 58 54 - Average 63 63 46 43 41 45 41 45 41 Retail Store - Good 70 69 62 56 54 61 57 59 55 - Average 56 54 48 43 40 48 44 46 42 Residential Apartments - Good 84 80 70 63 61 69 65 65 61 - Average 66 63 55 48 46 54 50 51 47 Dormitories - Good 99 97 84 77 74 83 79 78 74 - Average 77 75 65 58 56 64 60 61 57 Homes for Elderly - Good 100 98 88 82 80 87 83 85 81 - Average 79 77 68 62 60 67 63 65 61 Hotel - Good 105 102 89 68 66 89 85 84 80 - Average 82 80 76 50 48 75 71 71 67 Motel - Good 105 102 73 68 66 73 69 71 67 - Average 82 80 55 50 48 54 50 53 49 Single Family Residence3 - Good 90 87 77 70 68 76 72 70 66 - Average 68 65 57 51 49 56 52 52 48 Storage Auto Parking Structure - Good 39 37 N/[)l N/[)l N/[)l NfD2 NfD2 NJD2 NfD2 - Average 30 29 N/[)l 24 21 NfD2 NfD2 NJD2 NfD2 Private Garage - Good 39 37 45 37 35 44 40 41 37 - Average 30 29 36 29 27 35 31 32 28 Repair Garage - Good 48 45 48 38 36 47 43 42 38 - Average 35 33 36 28 26 35 31 32 28 Warehouse Agend, I talll1 1\ o. H3A 9 - Good 49 47 39 33 31 31 - Average 36 34 29 23 21 28 :;4ulv 272fQOC 4 22 Page 23 of 27 Notes: 1 . NIP-Not permitted by code. 2. NID-Insufficient data to determine average cost. 3. Unfinished basements $11.81/sq. ft. 4. For sprinklered buildings in other than hazardous occupancies add $1.75/sq. ft. 5. In Type IV, V, and VI, add $41,000 per elevator 6. A good building will normally have some components which are only average, but many will be better than average. A good building is well insulated to utility standards, with packaged or zoned air conditioning; and has more than the minimum code required plumbing fixtures, and lighting and electric outlets, with good quality fixtures, interior and exterior finishes, and carpets. 7. An average building has minimum model energy code insulation levels, with a forced air system, contains the minimum code required plumbing fixtures, lighting, electric outlets; and has average quality interior and exterior finish and minimum carpet. Type of Construction. Occupancy I II III IV V A I B A I B A I B A I B INTERNA TlONAL BUILDING CODa> Assembly Auditorium - Good 131 126 64 62 100 96 101 66 62 - Average 96 93 45 42 72 68 73 46 42 Church - Good 127 122 89 87 102 98 103 81 92 - Average 93 90 65 63 74 70 75 70 66 Gymnasium - Good 104 104 76 73 82 78 83 79 75 - Average 77 77 54 52 60 56 61 57 53 Restaurant - Good 108 108 82 80 88 85 89 85 81 - Average 81 81 62 59 69 65 70 66 62 Theater - Good 123 119 78 76 85 81 86 81 77 - Average 92 90 55 53 61 57 62 58 54 Buslnesa Office - Good 113 109 80 77 88 84 89 85 81 - Average 86 82 56 53 64 60 65 62 58 Research/Engineering - Good 72 69 57 55 62 58 63 59 55 - Average 53 51 39 37 44 40 45 41 37 Service Station - Good 108 104 85 82 86 82 87 72 68 - Average 98 94 70 68 72 68 73 61 57 Educational School - Good 104 104 80 77 86 82 87 83 79 - Average 81 81 61 58 67 63 68 64 60 . Factory-Industrial Factory (light MGF) - Good 44 42 38 36 43 39 44 41 37 - Average 30 29 27 25 32 28 33 30 26 Hazardous (Sprinkler System Included). ,,- Hazardous - Good - Average 46 32 43 30 40 29 38 27 45 34 41 Agend 38 28 , Page 24 of 27 Type of Construction' Occupancy I II III IV V A I B A I B A 1 B A I B Institutional Convalescent Hospital - Good 139 135 89 87 105 NIP' 106 101 NIP' - Average 114 111 68 66 81 NIP' 82 78 NIP' Hospital - Good 199 195 89 87 158 NIP' 159 151 NIP' - Average 151 149 68 66 119 NIP' 119 114 NIP' Mercantile Department Stores - Good 89 87 56 54 75 71 76 59 55 - Average 68 67 43 40 61 57 62 46 42 Mall Stores - Good 102 102 67 64 73 69 74 70 66 - Average 83 83 54 52 60 56 61 57 53 MaU-Concourse - Good 80 80 56 54 58 54 59 58 54 - Average 63 63 43 41 45 41 46 45 41 Retail Store - Good 70 69 56 54 61 57 62 59 55 - Average 56 54 43 40 48 44 48 46 42 Resldentlal Apartments - Good 84 80 63 61 69 65 70 65 61 - Average 66 63 48 46 54 50 55 51 47 Dormitories - Good 99 97 77 74 83 79 84 78 74 - Average 77 75 58 56 64 60 65 61 57 Homes for Elderly - Good 100 98 82 80 87 83 88 85 81 - Average 79 77 62 60 67 63 68 65 61 Hotel - Good 105 102 68 66 89 85 89 84 80 - Average 82 80 50 48 75 71 76 71 67 Motel - Good 105 102 68 66 73 69 73 71 67 - Average 82 80 50 48 54 50 55 53 49 Single Family Residence' - Good 90 87 70 68 76 72 77 70 66 - Average 68 65 51 49 56 52 57 52 48 Storage Auto Parking Structure N/Q2 N/Q2 - Good 39 37 N/~ N/Q2 N/~ N/Q2 NJD2 - Average 30 29 24 21 N/~ N/Q2 N/Q2 NJD2 N/Q2 Repair Garage - Good 48 45 38 36 47 43 48 42 38 - Average 35 33 28 26 35 31 36 32 28 Warehouse - Good 49 47 33 31 38 34 39 35 31 - Average 36 34 23 21 28 24 29 26 22 Agenda Item No. 16A 19 July 27, 2004 Page 25 of 27 Type of Constructlon4 Occupancy I II III rv V A I B A I B A I B A I B Utility and Miscellaneous Private Garage - Good 39 37 37 35 44 40 45 41 37 - Average 30 29 29 27 35 31 36 32 28 Greenhouse - Good t lJD2 NfD2 11.90 N'~ N'~ NfD2 NfD2 NJD2 5.70 - Average tlJD2 N'~ 5.53 NfD2 N'~ NfD2 N'~ NJD2 3.71 Notes: 1 . NIP-Not permitted by code. 2. NID-Insufficient data to determine average cost. 3. Unfinished basements $11.811sq. ft. 4. For sprinklered buildings in other than hazardous occupancies add $1.75/sq. ft. 5. In Type II, III, and V, add $41,000 per elevator 6. A good building will normally have some components which are only average, but many will be better than average. A good building is well insulated to utility standards, with packaged or zoned air conditioning; and has more than the AlABAMA Birmingham Mobile Opelika ALASKA ARIZONA ARKANSAS Little Rock West Memphis CALIFORNIA COLORADO Aspen CONNECTICUT DELAWARE DISTRICT OF COLUMBIA FLORIDA Jacksonville Miami Orlando Tampa GEORGIA Atlanta Columbus HAWAII 1.00 1.05 1.04 0.95 1.67 1.09 0.97 1.03 1.04 1.27 1.13 1.49 1.25 1.23 1.19 1.03 1.03 1.00 1.09 1.08 1.02 1.11 1.01 1.61 minimum code required plumbing fixtures, and lighting and electric outlets, with good quality fixtures, interior and exterior finishes, and carpets. 7. An average building has minimum model energy code insulation levels, with a forced air system, contains the minimum code required plumbing fixtures, lighting, electric outlets; and has average quality interior and exterior finish and minimum carpet. REGIONAL MODIFIERS (For use with SBC and IBC) IDAHO ILLINOIS INDIANA IOWA KANSAS KENTUCKY Covington New Port LOUISIANA Baton Rouge New Orleans Shreveport MAINE MARYLAND Baltimore 1.11 1.22 1.15 1.16 1.06 1.11 1.14 1.14 1.02 1.02 1.04 1.02 1.11 1.13 1.21 MICHIGAN MASSACHUSETTS 1.24 1.16 MINNESOTA MISSISSIPPI Jackson MISSOURI MONTANA 1.20 0.98 1.00 1.09 1.09 NEBRASKA NEVADA 1.09 1.19 NEW HAMPSHIRE 1.09 1.30 NEW JERSEY NEW MEXICO Gallup Taos NEW YORK 1.03 1.17 1.21 1.20 NORTH CAROLINA 1.03 Charlotte 1 .05 Raleigh 1.06 NORTH DAKOTA OHIO OKLAHOMA Oklahoma City OREGON PENNSYLVANIA RHODE ISLAND 1.13 1.14 0.99 1.08 1.21 1.17 1.23 SOUTH CAROLINA 1.02 Columbia 1 .03 Myrtle Beach 1.05 SOUTH DAKOTA TENNESSEE Knoxville Memphis Nashville TEXAS Amarillo Corpus Christi DallaslFt. Worth EIPaso Houston Victoria Waco Wichita Falls UTAH VERMONT VIRGINIA Alexandria Fredericksburg Richmond WASHINGTON WEST VIRGINIA WISCONSIN WYOMING j .10 I Agenda tem No. 16A 19 July 27, 2004 Page 26 of 27 1.03 1.08 1.05 1.07 0.99 1.02 0.95 1.05 0.99 1.03 0.95 1.00 1.02 1.06 1.14 1.02 1.18 1.15 1.05 1.24 1.17 1.19 1.08 Exhibit "C" - Summary of Fee chao2es I, POO Monitoring Fcc (one-time charge at lime of building pcnnil pick-up) a. $75.00 per dwelling unit within a PUD b. SO.10 per square foot for commercial or industrial construction within a pun. Agenda Item No. 16A 19 July 27, 2004 Page 27 of 27 "....-.. EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private), drainage, water and sewer Improvements for the final plat of "Glen Lake Estates". The roadway and drainage Improvements will be privately maintained, the water and sewer I mprovements will be maintained by Collier County OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Glen lake Estates" CONSIDERATIONS: 1. On October 17, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Glen lake Estatesll. .-.. 2. The roadway and drainage improvements will be maintained by the project's homeowners association. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division and the Public Utilities Division. ASCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Public Utilities Division through their operation and maintenance budget. ,.--. GROWTH MANAGEMENT IMPACT: There is no growth management impact. Agenda Item No. 16A20 July 27,2004 Page 1 of 5 Executive Summary Glen lake Estates Page 2 STAFF RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Glen lake Estates" and: 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2, Authorize the release of the maintenance security. _. Agenda Item No. 16A20 July 27, 2004 Page 2 of 5 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A20 Recommendation to grant final approval of tl,c roadway (privale), drainage. water and sewer Improvements for 1M final pl"t of "Glen Lake Estates". The roadway imd dmjnage improvements wHl bo privately maintained, U)e water and sewer improvements will be mainrnined by Collier County 7127120049.0000 AM Senior Engineer 7/15120049:42:56 AM Prepared By John Houldsworth Community Oevelopment & En.....ironm.ntat Services Engineering Services Approved By Water Operations Manaser Date Pamela LJbby PL:blic Utilities Wat..- 7/1 5i2004 4:15 PM Paul Mattausch Water Director Date Approved By Public Utilities W3It.r 7116i2004 7:55 AM Stephen L. Nagy Wastewater Collections Manager Date Approved By Public Utilities WasteWater 7115i2004 8:29 AM Approved By Wastewater Director Date Joseph 8. Cheatham Pl.:blic Utilities WasteWater Treatment 7'15i2004 9:18 AM COES Engineering SeNices Director Date Approved By Thomas E. Kuck, P .E. Community Development & Er;,vironmental Services coes Engineering SeNices 7i'612004 9:26 AM Approved By pJjblic Utilities EnginHring Director Date Roy B. Anden.on, P .E. Pl.ibllc Utilities Public Utilities Engine-ering 7;161200412:59 PM Date Approved By C,V'1s!ance A. Johnson Community Development & En....ironm.ntal Services Operations Analyst Community Development & Environmental Services Admin. 1!19/2004 6:04 AM Date Appr"ved By Joseph K. Schmitt Community Development & Erwironmelltal S.l"'Yice5 Community Oevelopment & En...ironmental Services Admlnstrator Community Development & En...ironmental Services Admin. 7119;2004 10: 22 AM Pat Le-hnhard Administrative Assistant Date Approved By County Manager's Office Office- of Management & Budget 7/19i2004 11:12 AM Approved By ManagementiBudget Analyst Date Randy Greenwald Board of County Commissioners Office of Management .& Budget 7;191200411:18 AM Approved By Budget Analyst Date MarX I..ackson County Manager's Office Office of Management .& Budget 7/191200412:24 PM Mar.agerr,ent & Budget Director Date Approved By Michael Smykow&kl County Manager's Office Office 01 Management & Buoget 7i1912004 4:30 PM County Manager Oate A pproved By James V. Mudd Board of County Commissioners COlJnt'j Manager's Office 7i1912004 5:33 PM ^ ~BRga 118'" ~IB Hi ^2Q July 27, 2004 Page 3 of 5 ~t I ~_~ ~ r ",""""",WWl won ClOt Cl~ I Will ClOt Cl~ II (l'rr>. r;'1l~ TlIlA ifJ~ ~ Lllll{1~~ffim ~r /t}/',. ;::f fAtCt::1t- H 1 ~~ i Y-Vii'iT ~~ '= c::~ ,\\0 s / ~ :: \=".: ~nrrn! ~ t I- It ~ ...... '!/rho c'i ~ Tf1W ~ :PJ .....:<v I7J ~ I~ :~<~~~~ ~ ~ P3 \ ~ I illl/)-"'). ~I== '~J \ I~ ,. - \ ~ ~ i~ ,.(\I).~~\ '- A \C . ~ t8\~~~~~~~~\ ~ d \: \y""':.\"l i~ \~~ ~YJ :::Jt3 >- -I z ....-: ~ ( 0 ,y-<...-J w- '<.(, /,'l \ I \.U.U}-' l- f- ----1 ~ ~ ;;It~ if, '~ '" " '" c ,. i ... t ; i l /~ ~QilO111 I ~ - e e e t e. S 8. ~~ I ~ w ~" ~ ~i 9 ~ 3~ !!;i ia;~ 01 II ~ t-z I i ~ uo w- ,!< i3 au [9 i " z i~ Ii ~ " ~ - .. ~e~ ~ w 3e" , 9 .. isi ~ ! -lEi 9 0 ! 01 0 N ~ .. * i f ""'1ITroO ...... a.. h e @ ~ 01\" W'WWWI'i.UffI <{ ~ ~ s~ e. e @ ~ !l~i ~~i V I- s. Do; !- I I jl.. j!" " ~~i ll~i Z -.... I J 0 - ""' ""'"'" ~ ~ . reo ..... ..-.0 Ii i- .. ~ I U j! 0 ...J _ Ii N is O.q-LO NO_ <3::00 (ON.q- ..- - ." Q) ON 0) z>>co ESCl. Q)' ..... LLJ .- - en II) ~ c Ii; w ~ ~ Ji RESOLUTION NO. 04-_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY. DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN GLEN LAKE ESTATES, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADW A Y, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS. the Board of County Commissioners of Collier County. Florida, on October 12. 1999 approvcd the plat of Glcn Lake Estates for recording; and WHEREAS. the Developer has constructed and maintained the roadway. drainage. and walCr and sewer improvcmcnts in accordancc with the approvcd plans and specifications and as required by thc Land Devclopmenl Code (Collicr County Ordinanl."e No. 91-102. as amended). and thc Utilitics Standar<i<; and Procedures Ordinance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage. and water and sewer improvements and relca~c lIf his m;iintcnance security; and WHEREAS. the Engineering Rcview Department of Community Developmcnt Services has inspectcd the roadway, drainage, and watcr and sewcr improvements. and is recommending acceptance of said facililies. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that final acceptance is hereby gnlllled for those roadway, dr.unagc, and waler and sewer improvemcnts in Glen lake Estates. and authorize thc Clerk to release the maintcnance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept lhe future maintenance and othcr atlcndant costs for roadway. drainage. and water and sewer improvemcnts that are nOl required to be maintained by the Glen Lake Estates homcowners association. This Resolution adopted after motion, second and majority vole favoring same, this _ day of .2004. DATE: A TrEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: DONNA FIALA, CHAIRMAN A pproved as to form and legal sufficiency: Jl~nnikr A. Bclpcdio Assistant Collier County Attomcy Agenda Item No. 16A20 July 27, 2004 Page 5 of 5 - EXECUTIVE SUMMARY Recommendation to approve the Satisfaction of Liens for Code Enforcement Board Case No. 2000.031, 2001.005,2000-049,2003-028,2000-024 and 2001-083. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board in the followingcascs listed below: 1. 2000-031 styled Board of County Commissioners vs. John Danks 2 2001-005 styled Board of County Commisioners vs, Free Methodist Church 3. 2000-049 styled Board of County Commissioners vs. Leonard Wisniewski 4. 2003-028 styled Board of County Commissioners vs. Guy & Melinda Fracasso 5. 2000-024 styled Board of County Commissioners vs. Goodman TR, John & Rita 6. 2001-083 styled Board of County Commissioners vs. Dwyer, Gerald Martin - CONSIDERATION: 1. 2000-031; On September 28, 2000, a public hearing was heard before the Code Enforcement Board regarding violation of Sections 1.5.6, 2.1.11, 2.1.15, 3.3,11 of Ordinance No. 91-102, Section] of Ordinance No, 81-42, and Sections 103.5.1 and 104.1.1 of Ordinance No. 98-76. An Order Imposing FinelLien in the amount of One Thousand Five Hundred Twenty-Eight Dollars and Sixteen Cents ($1,528.16) for lhe operational costs and noes incurred in this case was approved by the Code Enforcement Board on December 6, 2000. Said certified copy of the Lien was recorded in Official Record Book 2757, Page 0697, ct seq, and Official Record Book 2998, Page 0537, et seq. in the Public Records of Collier County, Florida. An Affidavit of Compliance has been filed bearing the date of March 9, 2001, indicating compliance with the Order of the Code Enforcement Board. On May 22,2004, the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requi.rements have been met in this case. 2, 2001-005; On February 22, 2001. a public hearing was heard before the Code Enforcement Board regarding violation of Section 2,8 (C) and Section 3 of Ordinance No. 76-70, An Order Imposing FinelLien in the amount of Six Hundred Dollars ($600.00) for the fine incurred in this case was approved by the Code Enforcement Board on August 30, 2001. Said certified copy of the Lien was recorded in Official Record Book 2885. Page 1534, et scq. and Official Record Book 2888, Page 1505, et seq. in the - Agenda Item No. 16A21 July 27,2004 Page 1 of 10 Public Records of Collier County, AOlida. An Af1idavit of Compliance has been filed bearing the date of August 15, 2001, indicating compliance with the Order of the Code Enforcement Board. On May 22, 2004, the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 3. 2000-049; On January 25. 2001. a public hearing was heard before the Code Enforcement Board regarding violation of Section 4 of Ordinance No. 93-64, An Order Imposing Finc/Lien in the amount of Two Thousand One Hundred Sixteen Dollars and Sixty-Two Cents ($2,116.62) for operational costs and fines incurred in this case was recorded in Official Record Book 2821, Page 2811, ct scq, in the Public Records of Collier County, Florida. A Corrective Order Imposing Fine/Lien was recorded at Official Record Book 2836, Page 2459, et seq. in the Public Records of Collier County, Florida. An Affidavit of Compliance has been filed bearing the date of April 9. 2001, indicating compliance with the Order of the Code Enforcement Board, On May 22, 2004, the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 4. 2003-028; On September 25, 2003, a public hearing was heard before the Code Enforcement Board regarding violation of Sections 1.5.6, 2.7,6.1 and 2.7.6.5 of Ordinance No. 91-102, as amended, of the Collier County Land Development Code and Section 4 of Ordinance No. 93-64. An Order Imposing Finc/Lien in the amount of One Thousand Nine Hundred Twenty-Five Dollars and Sixty Cents ($1.925,60) for operational costs and fines incurred was recorded in Official Record Book 3495, Page 0799, ct scq. in the Public Records of Collier County, Aorida. An Affidavit of Compliance ha.';; been filed bearing the date of January 12, 2004, indicating compliance with the Order of the Code Enforcement Board. On June 10,2004, the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 5. 2000-024; On July 27. 2000. a public hearing was heard before the Code Enforcement Board regarding violation of Section 11 (5) of Ordinance No. 99-51 and Section 3.9.6.6.6 of Ordinance No. 91- 102, as amended, of the Collier County Land Development Code. An Order Waiving FinclLien and Imposing Costs in the amount of Six Hundred Twenty-Four Dollars and Ninety-Seven Cents ($624.97) for the operational costs incurred was recorded in Official Record Book 2850, Page 2209, et seq. in the Public Records of Collier County, Florida. An Affidavit of Compliance has been filed bearing the date of April 26, 2001, indicating compliance with the Order of the Code Enforcement Board. On June 10, 2004, the lien amount was paid in full. Therefore. a Satisfaction of Lien is in order as all requirements have been met in this case. ~,--... Agenda Item No. 16A21 July 27,2004 Page 2 of 10 6. 2001-083; On November 29, 2001, a public hearing was heard before the Code Enforcement Board regarding violation of Section 104.6.1.2 of Ordinance No. 98- 76 of the Collier County Building Administrative Code. An Order Imposing FinelLien in the amount of One Thousand Six Hundred Twenty-Eight Dollars and Seventy-Eight Cents ($1,628,78) for the fines and operational costs incurred in this case was recorded in Official Record Book 3012, Page 2943, et scq. and Official Record Book 3012, Page 3067, et seq, in the Public Records of Collier County, Florida. An Affidavit of Compliance has been filed bearing the date of February 22, 2002, indicating compliance with the Order of the Code Enforcement Board. On June 21, 2004, the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL L'-'IPACT: The fiscal impact related to recording will be Sixty Dollars ($60.00) (6 Satisfactions at one page each @ $10,00 for first page), This cost will be paid by Code Enforcement 111-138911-649030. GROWTH :MANAGEl\tIENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Liens in the above referenced cases and authorize their ex.ecution and recordation in the Public Records of Collier County, Florida. Agenda Item No. 16A21 July 27, 2004 Page 3 of 10 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A21 Recommendation to approve the Satisfaction of Liens for Code Enforcement Board Case No 2000-031,2001-005,2000-049.2003-028,2000-024 and 2001- 083. 7/27/200490000 AM Prepared By Shanelle Hilton Community Development & Environmental Services Administrative Secretary 6/16120049:01: 19 AM Code Enforcement Approved By Date Sandra Lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 7/1/20043:19 PM Approved By Date Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 7/19/20042:08 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 7/19/20043:00 PM Appro\'ed By Date Pat Lehnhard County Manager's Office Administrative Assistant Office of Management & Budget 7/19/20043:10 PM Date ApproHd By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 7/19/20043:55 PM Date .\pproved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 7/19/20045:19 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 7/19/20045:26 PM Date Approved By Jeff Klatzkow County Attorney Assistant County Attorney County Attorney Office 7/9/20041:08 PM .\ppro\ed By Code Enforcement Director Date Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement 7/9/2004 2:56 PM Agenda Item No. 16A21 July 27,2004 Page 4 of 10 SATISFACTION OF LIEN This is to certify that the claims of lien arising out of the Code Enforcement Board Order Imposing FineiLien dated January 27, 2004, recorded in OK Book 3495, Page 0799, et seq., of the Public Records of Collier County, Florida, against the following described real property, and all real and pe~ooal property, located in Collier County, oy,ned by Guy and Melinda Fracasso, has ""'CD satisfied in full. The real property located at 10823 Tamiami Trail N., Naples, Florida, more particularly described as Section 28, Township 48, Range 25, Naples Park Unit 1, Block 3, Lots 6-12. Folio No. 62410760004 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all real and personal property owned by Guy and Melinda Fracasso and consents to this lien being discharged ofrecord. Dated this day of ,2004. ATTEST: DWlGHT E. BROCK, Clerk BOARD OF COL~IT COMMISSIONERS COLLIER CO!J1'<"TY, FLORIDA , Deputy Clerk By: DONNA FIALA. Chairman Agenda Item No. 16A21 July 27, 2004 Page 5 of 10 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Six Hundred DoHars ($600.00), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated August 30, 2001, recorded in O.R. Book 2885 Page 1534 et seq., and O.R Book 2888 Page 1505 et seq., of the Public Records of Collier County, Florida, against the following described real property, and all real and personal property, located in Collier County, owned by The Florida Conference of the Free Methodist Church, has been satisfied in full. Parcel Two, Lots 7 and 8, Pine Grove according to plat in Plat Book 2, O.R. 2053, Page 1070, Public Records ofCoHier County, Florida. Folio No. 66930240000 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all real and personal property owned by The Florida Conference of the Free Methodist Church., and consents to this lien being discharged of record. Dat:d this day of .2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman . D",1'uty Clerk Agenda Item No. 16A21 July 27,2004 Page 6 of 10 SATISFACTION OF LIEN Tbis is to certifY that the claims of lien arising out of the Code Enforcement Board Order Imposing FineILien dated December 6, 2000, recorded in O.R. Book 2757, Page 0697, et seq., and O.R. Book 2998, Page 0537, et seq., of the Public Records of Collier County, Florida, against any and all real and personal property, located in Collier County, owned by John Danks, has been satisfied in full. The undersigned is authorized to and does hereby release this lien as to all real and personal property ov.ned by John Danks and consents to this lien being discharged of record. Dated this _ day of ,2004. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk DONNA FIALA, Chairman Agenda Item No. 16A21 July 27,2004 Page 7 of 10 SATISFACTION OF UEN This is to certify that the claims of lien arising out of the Code Enforcement Board Order Imposing FinelLien dated May 4, 2001, recorded in OK Book 2825, Page 3431, et seq., and a Code Enforcement Board Corrective Order Imposing FinelLien dated May 24, 2001, recorded in O.R. Book 2836, Page 2453, et seq., and a Code Enforcement Board Order Waiving FinelLien and Imposing Costs dated June 25, 2001, recorded in O.R. Book 2850, Page 2209, et seq., of the Public Records of Collier County, Florida, against the follo....ing described real property, and all real and personal property, located in Collier County, owned by Goodman TR, John & Rita, has been satisfied in full. The real property located at 9199 The Lane, Naples, Florida, more particularly described as Section 25, Township 48, Range 25, Edgewood Lot 58. Folio No. 30782400008 The undersigned is authorized to and does hereby release this lien as to the whole of the above-deSl.:ribed real property, and all real and pel'1;onal property owned by Goodman TR, John & Rita and consents to this lien being discharged of record. Dated this day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY CO.MMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DO!\'NA FIALA, Chairman Agenda Item No. 16A21 July 27, 2004 Page 8 of 10 SATISFACTION OFUEN This is to certify that the claim of lien in the sum of Two Tbous4Dd One Hundred Sixteen illd Sixty-Two Cenu ($2,116.62). arising out of the Code Enforcement Board Orda -ImposiDg FinelLien dated May 4, 2001, r=rded in OR. Boo,k 2821 Page 2811 et sa}., and OR Book 2836 Page 2459 et scq., of the Public Records of Collier County. FloridA. against the following described real property, and all real aDd personal propcny, located in Collier Count). oWDcd by Leonard Wisniewski. has been satisfied in full. - The real property located in Naples, Florida. IIlOTe particularly described as Lots 33 8Ild 34, Block 5, Mainline Subdivision. in accordAnce with and subject to Plat Book 1. Page 98, Public Records of Colliei' County, Florida. Folio No. 56405240008 The UDciersigned is authorized to and does hereby release this lien as to the whole of the above-descnbai real property, and ail real and personal property owned by Leonard W tsniewski. and consents to this lien being discharg1:d of record. Dated this day of 2004. ArrEST: DWIGHT E. BROCK. Clerk . Depl."ty Clerk atz.kow t c~nty Attorney THIS I~STRUMENT PREPARED BY AND RETURN TO: Gary K W1Json, Esquire Porter Wrigt:t Monis & Arlhur, LLF 5001 ?.r1Ca/l Bay Blvd., Suite 300 Naples. F10riCa 3410&-2079 BOARD OF COUNTY COMMlSSIONERS COLLIER COl.'NTY. FLORIDA By. DONNA FIALA. Chairman . Agenda Item No, 16A21 July 27,2004 Page 9 of 10 SA TlSF ACTION OF LIEN This is to certify that the claims of lien arising out of the Code Enforcement Board Order Imposing Fine/Lien dated April 2,2002, recorded in O.R. Book 3012, Page 2943, et seq., and O.R. Book 3012, Page 3067, et seq., of the Public Records of Collier County, Florida, against any and all real and personal property, located in Collier County, owned by Gerald Martin Dwyer, has been satisfied in full. The undersigned is authorized to and does hereby release this lien as to all real and personal property owned by Gerald Martin Dwyer and consents to this lien being discharged of record. Dated this bl~day of j7.; ''''I ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMYllSSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk DO~'NA FIALA, Chairman ~ Ap Ic~ Agenda Item No. 16A21 July 27,2004 Page 10 of 10 EXECUTIVE SUMMARY Recommendation to approve one (1) impact fee reimbursement requested by Goodlette Road Umited Partnership, totaling $415,326.10, due to building permit cancellation OBJECTIVE: That the Board of County Commissioners approve one (1) impact fee reimbursement. requested by Goodlettc Road Limited Partnership, due to the cancellation of City of Naples Building Pennit Number 03-00301272, totaling $415,326,10. CONSIDERATIONS: Section 74-202 of Article II of Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, 200 1-13, as amended, provides for specific criteria and procedures for processing routine and non-routine requests for impact fee reimbursements, Specifically, as set forth by Section 74-202 (h) (5): "All reimbursement requests totaling twenty-five tlwusand dollars ($25,000) or more, cannot be approved administratively and must be submitted to the Board of County Commissioners." - The Impact Fee Section of Financial Administration and Housing at the Community Development and Environmental Services Division received the following request for reimbursement: GoodIette Road Limited Partnership ($415,326.10) - City of Naples Building Permit Number 03-00301272 for the construction of a new office building at Bayside Marketplace has been cancelled and will not be constructed at this location, per the customer's letter (attached). Therefore, the customer requests impact fees paid on this permit be reimbursed, The dollar amount reflected in the customer's request letter ($531.011,32) also includes fees that are not related to Collier County Impact Fees and therefore will not be covered by this reimbursement request. The impact fees were paid to the City of Naples on June 3, 2003 for the above-mentioned building pennit. The Jail and EMS Impact fees were subsequently transferred from the City of Naples to Collier County on July 14, 2003 and the Road Impact Fees were tnmsferred to the County on November 14, 2003. Upon transfer, the impact fees were deposited into the applicable Impact Fcc Trust Funds. The correct dollar amounts for each of the impact fees to be reimbursed are reflected in the Fiscal Impact section below. - Agenda Item No. 16A22 July 27, 2004 Page 1 of 8 Impact Fees Reimbursement - Kraft Constmction Page 2 FISCAL IMPACT: The recommended impact fee reimbursements will be transacted as debit entries against the applicable revenue budget line items in the following amounts: Road (District 3) Jail Emergency Medical Services $348,077.54 $ 59,965.77 $ 7.282.79 Total: $415,326.10 GROWTH MANAGEMENT L\1PACT: Remittance of the requested impact fee reimburscment may adversely affect capital project funding for road construction; howcver, the building permit has been cancelled and construction will not commence; therefore, a reimbursement is due to the customer. RECOMMENDATION: Recommendation that thc Board of County Commissioners approve the requested impact fee reimbursement, totaling $415,326.10, and any related budget amendments that may be required. Agenda Item No. 16A22 July 27,2004 Page 2 of 8 Item Number Item Summary Meeting Date Approved By Sandra Lea Community Development & Environmental Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A22 Recommendation to approve one (1) impact fee reimbursement requested by Goodlette Road Limited Partnership. totaling $415.326.10. due to building permit cancellation 7/27/20049:0000 AM Executive Secretary Community Development & Environmental Services Admin. Date 7/13/20041:02 PM Date Approved By Constance A. Johnson Community Development & Environmental Services Operations Ana Iyst Community Development & Environmental Services Admin. 7/14120049:13 AM Lisa Taylor Date Approved By Transportlon Services Management1Budget Analyst Transportation Administration 7/14120043:06 PM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Date Transportation Services Admin. 7114120043:50 PM Date Approved By Patrick G. White County Attorney Assistant County Attorney County Attomey Office 7/19/200411:31 AM Approved By Joseph K Schmitt Community Development & Environmental Services Community Development & Environmental Services Admlnstrator Date Community Development & Environmental Services Admin. 7119/200412:50 PM Date Approved By Pat Lehnhard County Manager's Office Administrative Assistant Office of Management & Budget 7119/20041:47 PM Date Approved By Susan Usher County Manager's Office Senior ManagemenllBudget Analyst Office of Management & Budget 7119/2004 2:50 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 7119/20045:58 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 71201200412:46 PM Date Approved By Denton Baker .- Community Development & Environmental Services Financial Admin & Housing Director Financial Admin. & Housing 719120044:17 PM Agenda Item No. 16A22 July 27, 2004 Page 3 of 8 GoodJette Road Ltd. Partnership 5610 Yahl St. #6 Naples, FL 34109 239-593-1434 May 26, 2004 Collier County Land Development Impact Fees Paula Fleishman 2800 N, Horseshoe Drive Naples, FL 34104 Re: Bayside Marketplace Building Permit #03-00301272 Dear Paula: We have cancelled the above referenced building permit for Building F for Bayside Marketplace that was issued by the City of Naples. This permit was issued on 6/3/03 and no construction has commenced, We would like to request that we get reimbursed for the impact fees that were paid. $531,011.32 was paid on 6/3/03 and the receipt is enclosed. Also, water and sewer fees were paid in the amount of$152,807,94, I have enclosed the building permit for your reference. I understand that a $500,00 (maximum) processing fee is required so that is enclosed as well. Please call my agent, Karen Bishop at PMS, Inc. of Naples, at 435-9080 ext 3 if you have any questions or concerns. Sincerely, 0~ ~~ ~ John A. Pulling, Jr. Agenda Item No. 16A22 July 27,2004 Page 4 of 8 .- CITY OF NAPLES u--B.UI-L-D I-NG--P-E-RMIT Application Nu~~er pin ~u~e~ .... property Address :OLIOnARC1o~L N"UMBE~: Sec~icn-Tcwnship-Range: Te~ant nbr. name Applicatio~ ci~Gcr~pt~on Subdiv~sion Na~e P~operty Use . . . . p~operty Zo~ing . . . Appl ica:.. ion va.l uat:.on 03-00301272 6088 1280 CE..'\"TAAt. A.VE 20767009052. nate 6/03/03 3AYSID~ MARKET?r~CE 321 *COMM O?FIC:-:/3ANKS / !?RO!:'ZSS :::ON1\L - :-.:1-:W UNP~\~ED LANDS NAP~ZS SINGLE-F~~I~Y RESIDENCF. PtJ\NNE:D 03VELO?MENT O!ST 1680000 Owner Contractor GconLET7S ~OAD LTD ~P;;<.TI\ERS:U~ GA'fES ;.1C'"vEY B\,;IL:1P.RS-CGCOS~032 5610 YAHL ST S'l'E 6 5405 PARK CE:\"T:u.L CT NAP:'SS F:" HI091921 NAP:'ES FL 34.109 (239) 593-3777 _u"__ SLr~cture !::fcrmation COMl~ m:"oIf 2 s'rORY SHELL aL!;G Construct :.or. ':'jrpe .e:XT ;..rALLS :NCNCOM/IHR PRO': Occ~pancy 7ypc HUSINESS Roof Type . . . . BU!t.T-UP ROO? Other. s~ruc~ info a~I:..DING DEPr.i 300.00 BU:LO:NG I~~ZA N~~ (SQ FT) 6'327.00 BU:LO:NG ~E:GHT 42.00 BU!LO:NG NU;.1BF.R STORIES 2.00 BU!LOING WIDTH 600.00 COASTA.L BUILDIXG ZONE N S&\WARD OF CCCL CCCL (NO) ELEVATION CER'l' RRQ iY/N) Y FLOOD ~ONE HAZA.RD AREA A.E - 09 FLOOD ZON ~OC REQGIRED (Y/N) YES-NEED Pk,KING SPACES FJL~~ICAP 6.00 S~~VEY REourR~D (Y/N) Y ... ... _ ... ... ... .. ... ..... ~...... _ ... ... .. .. ... ... ... ... .. ..... . n ... _ ... ... ... ... .. ... ... ... _ .. ... ... ... _ ... ........ _ _ _ ... ... .. ... .. .. .. _ .. ... _'.0_ .. .. .. .. .. .. .. Pe~it BL::G PERMI'r CO:<lM/MF m:"": Adcitiona~ desc . ?hone Acces~ Cede ?ermit ?ee 737759 30730.80 plan Check Fee . . (,609.62 COXT~C"OH SIGXATURE SeA ~NrvED da Item N~~~8~ 2003 27,2004 A?PROV~~ BY 3ILL OVE~ST3~F.T ISSt:ED BY I CITY OF NAPLES -----BU.ILDIN.G--PER.MI T Applica~ion Nur.~er pin ::u:':'.be:: Issue Da':e Expirat:..on Date 03.0030nn 6088 6/03/03 Valuation 6/03/05 page Date 2 6/03/03 o 14327.0C 3ASE FE?: .4COO 3I~ SQ FT 50,001-100,000 Ex::ension 25000.00 5730.80 Qtj' Uni t Charge Per Permit . . . . . Additional desc . Phone Access Code Permi t Fee :ssue Date :.xpirC1tio::. Da~e SITE FE.~'1IT 737817 2400.00 6/03/03 6/03/05 Plan C!:eck Fee Valuation 350.00 o Q::y 120000.00 Unit Charge Per .0200 S:TE WORK CO~E~CIAL/MF/SF Extension 2400.00 O':her ?ees CC~~ C:TY IMPACT FIRA ~ CI7Y IMPACT ?OLICE COMfo: CI:'Y IMPACT GEN GO'Il':' EMS CC OFFIC3/3ANXS/Y.?:~I CFIF CC OFFIC~ RIF CC O~FICS/3ANX 55 !NSPE~OR CERT.PROGRAM 55 STATE OF FLORIDA BP?3E 16210.40 26624.95 4.08.56 7287..79 59965.77 348077.54 248.iO 248.10 Fee 5 u:rma ry C:--Clrgc:d Paid Crcdi-:ed Due - - - - - - - - - . .. - - - - - - ---------- ---------- ---------- ---------- Permit Fee Tota: 33130.80 33130.80 .00 .00 ?lan Chf:ck TC':al 4969.62 ''909.o;! .00 .00 Other ?ee Tota: 463096.21 ..63096.21 .00 .00 Grand Tota: 501:96.63 501196.63 .00 .OC CO~'"'n1\CTOR S IG~AT1JRE: APPROVED BY 3:LL OV~RST~~ET ISSUED BY SCANi\JED Agen~~~tlni~~~ 6A22 004 Page 6 of 8 H4m4 1 New "'indoW'I S...,pP+!1 "",.11 I M.tp 6/04i03i: !letter or; die-for ill - et--ree,,-:':ut - 6ID!/04i_ . :",:~"~~R.,TO OxI:L ~T~.~lJNI) ~ri~!-~~=:!gi~E~~~~~~~~~~I~:':~:~~~-.....-. ~'":.:~....-:; Agenda Item No. 16A22 July 27, 2004 Page 7 of 8 Horn. 1 ~.'" 1t1ndo'llll ~lJJ)p.rt e",.K I l-i.lp t Gill \f~ ~ - , ooioi272,ii:iso'c:zN'1'IW. AW CITY'joBP lei ,.- ":~03C., Dojoi27i~i3J~<~~"_SHOa BLVD S C~TY_,__ ,~Bi'. _ ~'S:-,',~,IC __ __DJ_-Yll.J.!l_12J_~j~!O_lO'nl1.~_~___ _ ___ CITY lMl'M,cO ';. " ' 03' -OOJ0i269~46il1.GUI.r 'i!tiU: -iLVDiI"l1 '..---.-__- . CITY--~~~O if ~::~~,E~i~}~mi7-2i~~~L~ ~iO~~-"~:-::. ""-~..,f:-~[~~-~~:J:. -OJ, OOJal26511190'mi ST N -~---.--- --Ctn=JiL-~~',CC"-- -'';t' OJ! OOJ0126~14041- Gt.ii.--r5m !Lvtlll '5il" - - clri":KrAAPP . .~"'If(O(;.I.~.CT'::Jli,- .:.]_1"0_1 0 #=.mages attached Agenda Item No. 16A22 July 27,2004 Page 8 of 8 EXECUTIVE SUMMARY ,""-- Recommendation to approve one (1) impact fee reimbursement, requested by Vineyards Development Corporation, totaling $1,264,080, due to an overpayment of Water and Sewer Impact Fees on Building Permit No. 20()4.. 050308 OBJECTIVE: That the Board of County Commissioners approve one (1) impact fee reimbursement, requested by Vineyards Development Corporation. totaling $1,264.080.00. due to an overpayment of Water and Sewer Impact Fees on Building Penrrrlt~0.2~050308 CONSIDERA nONS: Section 74-202 of Article II of Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fce Ordinance. 2001-13, as amended, provides for specific criteria and procedures for processing routine and non-routine requests for impact fee reimbursements, Specifically, as set forth by Section 74-202 (h) (5): "All reimbursement requests totaling twenty-five tluJusand dollars ($25,000) or more, cannot be approved administratively and must be submitted to the Board of County Commissioners." ,~......, The Impact Fcc Section of Financial Administration and Housing at the Community Development and Environmental Services Division received the following request for reimbursement: Vineyards Development Corporation ($1,264,080) - Building Pennit No, 2004-050308 was issued on June 30, 2004. Impact Fees and Building permit-related fees, totaling $2,010.320.10. including Water and Sewer Impact Fees equaling $1,976,160.00 were paid in full by the customer (CD Plus Transaction # 492296). The Water and Sewer Impact Fees that were paid were (incorrectly) calculated upon the minimum fees related to an 8 inch meter, which breaks down as $920,060,00 for Water Impact Fecs and $1,056,100.00 for Sewer Impact Fees. However, the impact fees should have been assessed based upon the minimum fees applicable to a 6 inch meter, which equates to $331,530.00 of Water Impact Fees and $380.550.00 of Sewer Impact Fees. Therefore, Water Impact Fees were overpaid in the amount of $588,530.00, and Sewer Impact Fees were overpaid in the amount of $675,550,00 The sum of overpaid Water and Sewer Impact Fees is $1,264,080.00. The customer requests (letter attached) that the subject overpaid Water and Sewer Impact Fees be reimbursed per the table below. ,- Agenda Item No. 16A23 July 27, 2004 Page 1 of 6 Impact Fees Reimbursement. Vineyards Development Corp Page 2 Water Sewer ACTIJALLY PAID $ 920,060.00 1,056, lOO.OO $1,976,160.00 CORRECT AMOUNTS $331,530.00 380550.00 $712.080.OQ OVERPAID $ 588.530,00 675,550.00 $] .264.080.00 FISCAL IMPACT: The recommended Impact Fee reimbursements will be transacted as debit entries against the applicable revenue budget line items in the following amounts: Water System Impact Fee Sewer System Impact Fee $ 588.530,00 $ 675,550.00 $1.264.080.00 Total: GROWfH MANAGEMENT IMPACT: Approval of this Executive Summary will have no immediate or direct growth management impact because all commitments from the two (2) subject impact fee accounts are fully funded notwithstanding this reimbursement. .,........, RECOMMENDATION: Recommendation that the Board of County Commissioners approve the requested reimbursement (totaling $1,264.080.00) and authorize staff to make any required budget amcnclments necessary to facilitate the reimbursement. ,-. Agenda Item No. 16A23 July 27,2004 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16A23 Meeting Date Recommendalion to approve one (1) impact fee reimbursement, requested by Vineyards Development Corporation, totaling $1.264.080, due to an ovorpayment of Water and Sower Impact Fees on Building Permit No. 2004- 050308 7/27120049:0000 AM Item Summary Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 71151200-' 3:21 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 7115/20043:31 PM Approved By Mary Jo Thurston Revenue Manager Date Public Utilities UBCS 7/15120043:35 PM Approved By Thomas Palmer Assistant County Attorney Date County Attorney County Attorney Office 7115120043:38 PM Appro>ed By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 7115120044:13 PM Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Constance A. Johnson 7119/200410:22 AM Approved By Denton Baker Financial Admin & Housing Director Date Community Development & Environmental Services Financial Admin. & Housing 7/19/200411 :26 AM ..\ppro>ed By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 7119/2004 1 :00 PM Approved By Pal Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 711912004 1 :49 PM Approved By Susan Usher Senior ManagemenllBudget Analyst Date County Manager's Office OfficI' of Manag..ment & Budget 7119;200-' 3:-'6 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7119120044:26 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7119120044:32 PM Agenda Item No. 16A23 July 27. 2004 Page 3 of 6 l' < , ., Vineyards Office of the President Michel Saadeh July 13,2004 Miss Amy Patterson Collier County Financial Administration & Housing Department 2800 North Horseshoe Drive Naples, FL 34104 REF: AVELLINO ISLES - PT #2004050308 Dear Miss Patterson: On June 30, 2004, one of our employee's was picking up the building permit referenced above (copy attached) and the fee was over $2 million which is clearly in error. We are requesting that the County staff petition the Board of County Commissioners to refund Premier Builders for the error that was made on this permit. We appreciate your cooperation and look forward to receiving the credit at your earliest convemence. sn~I:\'dS~ MICHEL SAADEH, President & CEO Atch Vineyards Development Corporation 75 Vineyards Boulevard, Suite 500 Naples, Florida 34119-4748 (239) 304-3470 . Fax: (239) 304-3475 Agenda Item No. 16A23 July 27,2004 Page 4 of 6 Official Receipt - Collier County Board of County Commissioners CDPA 11 03 - Official Receipt Trans Number 492296 Date 6/30/20042:31 :20 PM Post Date 6/30/2004 Address: 509 AVELLINO ISLES CIR Owner: VINEYARDS DEV CORP COA #: 04-5855 Permit Type: BR3 Job Desc: CBS, MULTI FAMILY Applicant: CINDY DBA: PREMIER BUILDERS, INC. Swr Meter: NC Wtr Meter: CC Payor: PREMIER SLDRS Fee Information Fee Code Descriotion GL Account Amount Waived l 42WSDC WATER SYSTEM CHARGE 41127351134336070411 $920060.00 42SS0C SEWER SYSTEM CHARGE 41326361334356070413 $1056100.00 08SCAI BLOG.CODE CERT. SURCHARGE 11300??oo20882000000 $82.46 08SPNP SLOG PERMITS - NAPLES 11313890032211000000 $3391.20 08CPNP COMMUNITY PARKS IMPACT FEE 3461564023639900??oo $2840.00 08EMSI EMS IMPACT FEES UNINC. 35014047036385031350 $520,00 08FLNN FIRE< 1 MILLION-NORTH NAPLES 11300000020910100000 $629.86 08FPRF FIRE PLAN REVIEW FEE 11300??oo20910200000 $1011.96 08GGSI GOV SLOG IMPACT FEE 390122231363820313901 $1583.03 08JAIL JAIL IMPACT FEE 38111043036380131381 $471.92 08L1SR LIBRARY IMPACT FEE-UN INC. 35515619036399231355 $1959.94 08MFR1 DIST 1 ROAD IMPACT FEE-MUL TI-F 33116365036353031331 $13940:00 08MFSG MICROFILM SURCHARGE 11313890034144200000 $19.89 08NNIM NORTH NAPLES FIRE IMPACT 113000000209810??oo0 $2473.95 08RDGS BLDG. PERMIT SURCHARGE 1130000002088000??oo $82.46 08RGPK REGIONAL PARK IMPACT FEE 3461564023639900??oo $2832.00 08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 $3308.00 08SACR BLDG. PERMIT APP. FEE CREDIT 11313890032251000000 $-662.32 08APPF FIRE PLAN REVIEW APP FEE 11300000020910200000 $-324.00 Total $2010320.35 . Continued - Collier County Board of County Commissioners CD-Plus for Windows 85/NT Ag~a~N~~~~~PM July 27,2004 Page 5 of 6 :" . Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 492296 Date 6/3012004 2:31 :20 PM Post Date 6/30/2004 Payments Total Cash Total Non-Cash Pa ant Code CHECK Account/Check Number 17649 $2010320.351 Total Paid Mamo: Cashierllocation: GARRE1T _S I 1 User. CRONBERG_D Collier County Board of County Commissioners CD-Plus for Windows 95/NT Ag~fe~8~~0041i.~f!~ PM July 27,2004 Page 6 of 6 ".,.,..-, EXECUTIVE SUMMARY Recommendation to approve the Satisfaction of Lien for Code Enforcement Board Case No: 2003-041 OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board 2003-041 styled Board of County Commissioners vs. Wooten Family Partnership, Ltd. --- CONSIDERATION: On October 23.2003, a public hearing was held before the Code Enforcement Board regarding violation of Ordinance No. 91-102, as amended. Sections 2.5.12.1 and 2.5.13.1 of the Collier County Land Development Code, An Order Imposing FineILien in the amount of One Thousand Eight Hundred Dollars and Seventy- Five Cent~ ($1,800.75) for operational costs incurred was recorded in Official Record Book 3583, Page 0541, in the Public Rccords of Collier County. Florida, An Affidavit of Compliance has been med bearing the date of May 25. 2004. indicating compliance with the Order of the Code Enforcement Board. On June 10,2004. the lien amount was paid in full, Therefore. a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL Il\lPACf: The fiscal impact related to recording will be Ten Dollars ($10.00) (1 Satisfactions at $10.00 for the tirst page each). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced case and authorize its execution and recordation in the Public Records of Collier County, Florida. - Agenda Item No. 16A24 July 27, 2004 Page 1 of 3 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A24 Recommendation to approve Satisfaction of lien for Code Enforcement Board Case No: 2003-041 7/27/200490000 AM Prepared By Shanelle Hilton Community Development & Environmental Services Administrative Secretary 7181200410:41:56 AM Code Enforcement Date Approved By Sandra Lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 711912004 11 :01 AM Date Approved By Constance A, Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin, 7119120042:05 PM Approved By Joseph K. Schmitt Community Development & Environmentat Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin, 7/19/2004 3:15 PM Approv'ed By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/1912004 3:45 PM Approv'ed By MarK Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 7/19120044:28 PM Date Approv'ed By Michael Smykowskl County Manager's Office Management & Budget Director Office of Management & Budget 7119120045:34 PM Date Approved By James V, Mudd Board of County Commissioners County Manager County Manager's Office 7/19120046:26 PM Date Approved By Jeff Klatzkow County Attorney Assistant County Attorney County Attorney Office 7/91200411:26AM Date Approved By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Code Enforcement 719/2004 1 ;43 PM Agenda Item No, 16A24 July 27, 2004 Page 2 of 3 This instnlmctlt prcpoml by: Janel p",."rs, Opentinl\l M....... coo. FJ'llbrl:cnlc:Dl 2100 11: 11"""""'" P..... ~lIllles, FIori<la 34111 (239) 403,2440 SATISFACTION OF LIEN This is \0 certify that the claim of lien in the stun of One Thousand Eight Hundred Dollars and Seventy-Five Cents ($1,800.75), arising out of the Code Enforcement Board Order Imposing FinelLien dated June 4, 2004. recorded in O.R. Book 3583, Page 0541, et seq. of the Public Records of Collier County, Florida against the following described real property, and all other real and persona! property, located in Collier County, which is oy,ued by Wooten family PamlerShip. LId. has been satisfied in full, The real property located &132330 Tamiami Trail East, Naples. fo'lorida, more particularly described lIS ~tion 32, Township 52, Range 30. Folio No. 01147200005 The undersigned is authorized \0 and does hereby release this lien as \0 the whole of the aoove-<lescribed real property, and all other real and personal property owned by Wooten Family Partnership, Ltd. and CODSents \0 this lien being discharged of record. Dated this ~xrfl1 &yof Jl.l/Lf .2004. A TIF.sT: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIO~'ERS COLLIER COUNTY, FLORIDA By: . Deputy Clerk COMMISSIONER OOr-.'NA FIALA, CHAIRMAN fonn and \I: Agenda Item No. 16A24 July 27,2004 Page 3 of 3 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Pine Air Lakes Unit Five", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Pine Air lakes Unit Five", a subdivision of lands located in Section 11, Township 25 South, Range 49 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Pine Air lakes Unit Five". These documents are in compliance with the County land Development Code and Florida State Statute No. 177, All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to - the recording of the final plat. This would be in conformance with the County land Development Code - Division 3.2.9. Engineering Services Department recommends that the final plat of "Pine Air Lakes Unit Five" be approved for recording. FISCAL IMPACT: The project cost is $1,733,910.00 (estimated) to be borne by the developer, The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 226,810.00 - $1,507,100.00 The Security amount, equal to 110% of the project cost, is $1,907,301.00 '-0 Agenda Item No. 16A~ 2..5 July 27,2004 Page 1 of 5 Executive Summary Pine Air lakes Unit Five Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $53,217,36 Fees are based on a construction estimate of $1,733,910,00 and were paid in April, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $1 O./ac)-$ 1,200 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 1,701.09 Drainage, Paving, Grading (.75% const. est.) - $11,303.25 c) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 5,1 03.27 d) Drainage, Paving, Grading (2.25% const. est.) - $33,909.75 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted, ",--... Agenda Item No. 16A74' 25 July 27,2004 Page 2 of 5 Executive Summary Pine Air lakes Unit Rve Page 3 STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Pine Air lakes Unit Five" for recording with the following stipulations: 1. Approve the amount of $1,907,301.00 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance, b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. Agenda Item No. 16A-;.4 25 July 27,2004 Page 3 of 5 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A25 Recommendation to approve for recording the final plat of "Pine Air Lakes Unit Five", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security 7/27/20049:00:00 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer 7/20/20048:12:19 AM Engineering Services Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 7/20/20048:40 AM Approved By Sandra Lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date 7/20/20048:47 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 7/20/20048:56 AM Approved By Thomas E, Kuck, P,E. Community Development & Environmental Services CDES Engineering Services Director Date CDES Engineering Services 7/20/20049:04 AM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/20/20049:18 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 7/20/200410:05 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/20/200412:36 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/20/20041 :13 PM A!:jt:"IJd 1lt::1I1 r4u. 18~ "&:> July 27,2004 Page 4 of 5 "IXJtOI1ClIoIUTD:J~ ~ S!N3Ntf'fd'W QNlIlUOM1"'6 ~/III ~ T T1 I \ I 11T1T~ ~U 111"IITnl~ < I b ~ ~ ~ - r;: ~ \ -!f-~ I ~ ~ ~=i~~ I ~h) I ~ ~ TI II T 11 T1TI \ II I ~~i!' I r1n- ...... J\U&,IJIDrI'a <1!!5 V 1 11 Tlr1 \ II1111 I a..tlz ii I ,I) ....., "ww.l l .-- (~-.":)) QYOI ~ {C~~W'I"'W\r'.IJDIIIII" \ \ I PA' ~ ~ f---- I - - - ~ - - ~ L-/// r - a: ~ ~ i "' 4 \ I z Ii: i I ~ ~- L--1 1 I [21 ~/ - - \ ~! - - - - c-- '-- ~- ~z~ \ I ~ I D II '-- o ... - w - l: - - - t: tc Q. I go - - - - -~--J !a~ - - -----" I - - - I--- - - '-- >--- ( i '-- ,- ..... .. - / - I:- 1; 11: 1L.iJ."~ ~ I i- i- n. :; i& II i& <( ~ z 0 - ~ u 0 ...J .. (."SN"Y'fliU~J.. ~ ~I ~. ~.~ i1H.. ~ ~~LO 0_ <(00 c.oNLO ...... - . r--. 0) ON C> z>-ro -0- E:::J 0)' == ~ <Ii UJ t- - U) ~ ~ ~ ~ ~ .- EXECUTIVE SUMMARY Recommendation to approve Contract 04-3682 in the amount or $69,330 with Tindale.Oliver and Associates, Incorporated for consultant services for a Law Enforcement Impact Fee Study OBJECTIVE: That the Board approve a contract for professional consultant services with Tindale-Oliver and Associates, Inc. for the preparation of a Law Enforcement Impact Fee study in the amount of $69,330. CONSIDERATIONS: The Request for Proposal (RFP) was advertised on June 8,2004. Notices were sent to 115 firms with 15 vendors requesting full packages, and responses were received from two (2) firms by the due date of July 8, 2004. A Selection Committee meeting was held on July 16,2004, and after review, scoring and discussion of the proposals, by consensus of the members, Tindale-Oliver and Associates, Inc. was selected as the number one choice among the prospective vendors, with Duncan Associates as the second ranked firm, The selection committee was composed of staff from the Office of Management and Budget, the County Attorney's Office, The Collier County Sheriffs Department, the Purchasing Department and the impact fee section of Financial Administration and Housing. A contract has bcen successfully negotiated with Tindale.Olivcr and Associates, Inc. .- GROWTH MANAGEMENT IMPACT: Collier County has never had an impact fee to provide financial funding for law enforcement related infrastructure. The implementation of a Law Enforcement Impact Fee will provide financial resources for the construction andlor expansion of public law enforcement buildings and equipment required to accommodate growth. FISCAL IMPACT: A budget amendment is required in the amount of $69,330 to increase the operating budget of Community Development's Impact Fee Administration offiee and decrease the General Fund Reserves, which is the current funding source for law enforcement related construction and other applicable capital expenditures. Once the Law Enforcement Impact Fee Trust Fund is established, all future studies and updates related Lo the Law Enforcement Impact Fee will be financed by the Trust Fund. RECOMMENDATION: RecommendatIon that the Board of County Commissioners approve the contract with Tindale.Oliver and Associates, Inc., in the amount of $69,330, for professional consultant services for preparation of a Law Enforcement Impact Fee study, authorize the Chainnan . to sign the standard, County Attorney-approved contract and approve the necessary budget amendments. .- Agenda Item No. 16A26 July 27,2004 Page 1 of 2 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A26 Approval of Contract 04-3682. in the amount of $69,330. w,th TlMdale.Oliver and ASSOCiates, Incorporated for consultant services for a Law Enforcement Impact Fee Study 7:271200490000 AM Prepared By Amy Patterson Corr:munity Development & Environmental Services Impact Fee Manager 7i19!20044:43:26 PM Financial Admin. & Housing Date Approved By Amy Palterson Community Development & Environmental Services Impact Fee Manager Financial Admin. & Housing 7i19120044:51 PM Approved By Dale Denton Baker Community Development & Environmental Services Financial Admin & Housing Oireclor Financial Admin. & Housing 7119/20044:51 PM Date Approved By Brenda Brilhart Approved By Patnck G. White County Attorney 7119/20044:53 PM Assistant County Attorney Date County Attorney Office 7/19/20046:48 PM Date Approved By Constance A. Johnson Community Devcfopment & En.....ironmental Services OperatFons Analyst Community Development & Environmental Services Admin. 7i20!2004 9:08 AM Approved By Joseph K. Schmitt COIT~munjty Development & E!1vironmental Services Community De....elopment & Environmental Services Adminstrator Date Commlmity De....elopment & Environmental Services Admin. 7/20120049:11 AM Date Approved By Sandra L~a Community Deveiopment & En'Vironmental Services Executive Secretary Community Development & Environmental Services Admin. 7!2012004 9:14 AM Dale Approved By Steve Carnell Administrati....e Services Purchas.ing/General Svcs Director Purchasing 7!2012004 10:57 AM Date Approved By Pat Lehnhard County Manager's Office Administrative Assistant Offi~e of Management & Budget 71201200411 :09 AM Date Appro\ed By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 7i20!2004 12:12 PM Date ApprO\ed By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 7!201200412:38 PM \pprO\ed By Dole J3mes. V. Mudd BOilrd of County Commisstoncrs County Manager County Manage...s Office 7120120042:00 PM ^\I""da 1[",,, r~u. IIlA26 July 27, 2004 Page 2 of 2 _. EXECUTIVESU~ARY Recommendation to award Bid No. 04-3603R- "Purchase of Lime-Rock and Fill material" to Aggrisource, Youngquist, Florida Rock. Southern Sand and Stone. Inc. for the estimated annual amount of $500,000 OBJECTIVE: To provide a contract for lime-rock and fill material when necessary for use by all County departments. CONSIDERATIONS: This contract is for the purchase of lime-rock; fill material, for use in grading and rebuilding lime-rock roadways, and shoulder repair on all County and State roadways. Bid ## 04-3603R was publicly advertised on May 24,2004. Notices were sent to twenty-nine (29) firms. Four (4) responses were reeci ved by the due date of June 17, 2004. Staff has reviewed the bids received and recommends award to Aggrisource, Florida Rock, Southern Sand and Stone, Inc. and Youngquist Brothers. Staff recommends award to all four firms due to their locations, which allows the using departments the flexibility to utilize the pit closest to their worksite to pick..;up material, saving the County time and money. .......-......, Other County departments or governmental agencies may aL.,o utilize this bid. FISCAL IMPACf: Funding for the Road Maintenance Department for lime-rock and fill material will come from the MSTD General Fund (111) in the approximate amount of $500,000.00. Source of Funds are Ad Valorem Taxes. Other using departments will utilize their own funding sources. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners award Bid No. 04-3603R- "Purchase of Lime-Rock and Fill Material to Aggrisource. Florida Rock.. Southern Sand and Stone, Inc. and Youngquist Brothers. .-... Agenda Item No. 1681 July 27,2004 Page 1 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16B1 Item Summary Recommendation to award Bid No. 04-3603R - "Purchase of Lime-Rock and Fill Material" to Aggnsource, Youngquist, Florida Rock, Southern Sand and Stone, Inc, for the estimated annual amount of $500,000 Meeting Date 7/27/20049:00:00 AM Approved By Barbara laPierre Management/Budget Analyst Date Transportion Services Transportation Operations 6/23/2004 1:54 PM Approved By John Vliet Roads Maintenance Superintendant Date Transportion Services Road Maintenance 6124/20047:56 AM Approved By Charlene Hoglund Date 6/25/20042:32 PM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 613012004 11 :22 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/15/20049:08 AM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 7/15/20041:57 PM Approl'ed By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 7/31200410:07 AM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 7/6/20049:27 AM Approved By Norm E. Feder, AIC? Transportation Division Administrator Date Transportion Services Transportation Services Admin. 7/6/2004 4: 14 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/71200411:16 AM Agenda Item No. 1681 July 27,2004 Page 2 of 4 -a ~ 111~lf ! If ! I if ~I I! I la' I!: !illlli!il~l III ~ II lit -I r-:r!. !!J l! ~ 11~1 ,I I ,.ij~l!ij! i-m I~ ... l,l~ 02f !. I.~,!-.' 'i' I , :....ia: I ':-t (i - ... ! I I If ,~, ~:;:. I.. I l~ I . Iii ! I 1 II ".. ! 1&1 '.'~....:.: i i.. ':~i i~, i~' I~ ~ ~ I~ il! I~ ! ~ i i,,:gi i-a~l i :-aill :-ai5 ,,~ "iI ~f! "tS ~ -a~ 5 lii~li ' I -a:~ibl: "'~:2: !-a'~:bl ,.,,!~igl -a~li'l ""~'i 1"'~!'OI!2 "'312~"'312~ ,_,Ill ~i~lla !l:~1.1 ,!llc,a' i!li~i! 1~1!=1 I '~!!=I c Ii ~ c Ii::!t c Ii ~ I .m ~.~- ~I'~'=' I~~'_' !~,~!-. '~'-<' · !~I-<, l~-<- ~ol,~'=ol ~o ~i..~ '~r;, 91a'g 0 algi 'O'a!: !O'aigl 10;0,01 :0:0:0 igi~ig. 1::J,o!:;, ~IO:>> -I--'lj~~j. ::J, ~.: ::Ir-, (I': i rlj::ll ti r I ! II ! 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I . 1\ : : if' I . , ~Ifl~! !~:~i~i 1~1~1~1 0)10)10)1 iO)O)'~1 :0)10)'0)1 i5:.~~1 il5:i5:'l5:' il5:i~:i5: ii' , ! : ! i i. 1 i \ 1 t -0 lD '5l N 9- N ! i I I I I I " . ~ ~z :g, ;0 a. ~. <'~ &~ Agenda Item No. 1681 ~ ~ July 27,2004 Page 4 of 4 - Executive Summary Recommendation to approve the establishment of a Neighborhood Traffic Management Program (NTMP), Traffic Calming Project, to address a request by the Lely Civic Association Inc., for installation of traffic calming devices on Forest mils Boulevard and Pebble Beach Boulevard. OBJECTIVE: To obtain BCC approval to implement an NTMP within the Lely Civic Association Inc. C"Association") neighborhood, and permission to install traffic calming devices on the subject neighborhood roadways. CONSIDERATIONS: The Association has submitted the required NTMP application and petition forms to the Transportation Division requesting that certain neighborhood roadways be reviewed for consideration and approval as a qualified traffie calming projeet Recommendations are in accordance with the policies, procedures, guidelines, and techniques indicated in the NTMP, as adopted by Collier County Resolution No. 95-608. Collier County Transportation Staff performed the required traffic studies, and resulting data met the adopted criteria thresholds for the installation of traffic calming devices. Understanding that since only the neighborhood area will benefit from the traffic calming project, the Association has agreed to provide the funding for all the costs associated with this ,-. project, which costs arc estimated to be $15,000. After receiving the initial NTMP application, petition forms, and the determination of qualification, staff notified the Collier County School Board, Collier County Emergency Management Services Department, Emergency Medical Services Department. East Naples Fire Department, and the Sheriff s Department by letter. FISCAL IMPACT: Funds will be provided from the Transportation Supported Gas Tax Fund and will be reimbuf5Cd to the county after the project is complete. The project is estimated to be $15,000. A budget amcndment is needcd to transfer funds from Transportation Supported Gas Tax Reserves and appropriate within the Traffic Calming Projeet. Funds win be returned to the Gas Tax Reserves upon reimbursement from the Homeowners Association. GROWTH MANAGEMENT IMPACT: None. RECOMMENDA TION: That the Board approve the establishment of a Neighborhood Traffic Management Program (NTMP), Traffic Calming Project, to address a request by the Lely Civic Association Inc., for installation of traffic calming devices on Forest Hills Boulevard and Pebble Beach Boulevard and approve the necessary budget amendment. - Agenda Item No. 1682 July 27,2004 Page 1 of 3 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1682 Recommendation to approve the establishment of a Neighborhood Traffic Management Program (NTMP), Traffic Calming Project, to address a Lely Civic Association, Inc. generated request via the adoption of Traffic Management Petition Number NTMP-04-01. for installation of traffic calming devices on Forest Hills Boulevard and Pebble Beach Boulevard. 7/27/20049:00:00 AM Prepared By Gloria Herrera Transportion Services Management/Budget Analyst 6/17120049:42:01 AM Approved By Transportation Operations Donald L. Scott Transportion Services Transportation Planning Director Date Transportation Planning 61171200412:57 PM Approved By Jeanne A. Marcella Transportion Services Planning Technician Date Transportation Planning 6/301200410:39 AM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Date Transportation Services Admin, 7/1120043:47 PM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 71131200410:41 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 7/14/20044:42 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/15120048:59 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/1512004 1 :08 PM Approved By Lisa Taylor Transport/on Services ManagementlBudget Analyst Date Transportation Administration 7/6120041:12 PM Approved By Diane Perryman Transportion Services Executive Secretary Date Agenda Item No. 1682 JUl~QlJI\ QtJO.M r<!lge 2 of J Transportation Services Admin. .~J\l\lllllll n~/ IL fTT~ ; - ~ H ~~ llY:~ J L ~1 I ~ ~ t\]jj. I &,'\1 ~ \7r /\1 ;:\ I R. ~ ~ ~7 ~ L~ :\ ~\i ~ ~ ---~~ ~ ~~ ~ =- l-' '--U'I L(TI ,,., 1 ~ ~ro ~ ~ 0 I . - rl"nr Z o . -::: ~ ~ <( I~' I- V N~ ~ ~~ . ~ = I- ~ 0~ ,... n' ;.<: L ........ U I _..-I >-:: / ..... - I J; l:::\ ~ l..I\ (f) '-J' '-/1 ;:: t: r A ~ I .j::\ ~ r<7 w o ~ 0... <( Z a = ~ ~ ~"" )j) LTI'fL ~ _ A j~4~_\fl t/ftImr :E #ff ~0Y o/JEFll ~,k~~~~~ ;J/J\ ~I -c ;<.y... ~\\ v ~01'IfY 0... ~. k' a'"ll'~ ~~' ~y... I~\~ /: (f) 1/ -'\ -",I,Al..\ ::g ~ >-- ~!!.\p. Z ~ ~ ~lO 9tl/(J ~ ,/ ~ ~ Z <( I ~,r-I.hcy.y f.Jo / ~~ 5 r" ~ ... ^^ ~-.. ~~ / '? ~ ~ /"~ \....x v o~ '--1-A -l ~ ~..x '" ...J 1-1'- >-~ ~ ~ ~'v a.. \5 f-I- L- )< ~\.o' -<,,<<:-'f - :::E L/:; ~ ~ ~ 5 /' R9 I ~ / ~~~ 8 ~ ~ /-<,,~~ ~ g -;7 ,( (f)...J 7 r_' 0 0 ~~j ~ ~ ~ a.. a.. o 0 a::: a::: a.. a.. ~ u ~ '""""=' o ~ ~ \J , "- ~~ ~ ~ ~, _'''' I ~ I~ ~~ .. . i'- II N~("") cco_ <000 ~N("") cir-:Q) ZN 0> E~& Q)::J .....""") ~~ !l ro !~ ~ :t L- '-'9 I~m is ~~i .... - l! III oil .. z III ~ ulI"i~ ilil: u~~ a ~aUI ;1111 ~ II I, ~ . II U a I C f- ~ I tn I I co 81 6 I 10' f-< -- EXECUTIVE SUl\'IMARY Recommendation to approve fISCal year 2004 reserve funds to be used to advance fIScal year 2005 landscaping Cunds into fiscal year 2004 with reinstatement of the reserve funds in fiscal year 200S from the landscaping budget in the amount of $274,059. OBJECTIVE: The advanced funds are for landscape architectural services for the second year of the "Collier County Landscape Beautification Master Plan". CONSIDERATION: A two-month advancement of fundo;; is needed to start the landscape design in order to meet the installation schedule during the off-peak months (Spring 2005). On state roads. the engineer's drawings must be converted from Microstation to AUlocad, and from metric to feet. State road pennitting require.~ additional FOOT landscape design reviews (1 month), utility reviews and penniuing (1 month), and landscape maintenance agreements, which must be entered into by. the Board prior to construction. In addition. there is an FOOT Joint Participation Agreement (JPA) for US 41 E (Rattlesnake Hammock-St. Andrews Blvd.), a Local Agency Program (LAP) agreement for SR I-75llmmokalce Interchange, and a grant application and possible (LAP) agreement for SR I-75/Pine Ridge Interchange which staff must allow time to administer for future reimbursements to lhe General Fund. On county roads, additional time is needed to implement the project in the spring of 2005. which includes lhe refurbishment of Pine Ridge Road medians, the landscaping of Goodlette-Frank medians and retention pond~. Staff is recommending that Golden Gate Parkway be designed a~ two separate projects. to follow the sequencing of road construction along the Parkway since th~e projects are independent and not impeded by the Grade Separation or lhe 1-75 Interchange - prOTect. Project Name Project Landscape Design Number Amount MSTD Funds Landscape Projects Fund 112 SR 45JUS 41 North (VBR.lmmokalee Road) 60029 $ 30,339 SR I.75/Tmmokalee Interchange 600.30 $ 58,883 SR 90IUS 41 F..ast (Rattlesnake Hammock.....~L Andrews Blvd.) 60026 S 21,945 SR 1-751P1ne Rid2e Int.en:banl!e 14046 $ 74,(92 Ga.'1 Tax Supported Fund Landscape Projeel'l SUBTOTAL $ 191,859 Fund (313) (''R 85l1Goodlette.{O'rank (Pine Ridge- Vanderbilt Beach Road 60134 S 46,LOO CR 886IG<>klen Gale Parkway (L1v.~6I.h,6Olh.....~nla Barbara 60027 S 36,100 SUBTOTAL $ 82,200 TOTAl. $ 274,059 FISCAL IMPACT: A budget amendment is needed in the amount of $191,859 moving funds from the MSTD General Fund (Ill) Reserves to lhe MSTD Landscaping project Fund 112 for the appropriate landscaping projects listed above. A budget amendment is also needed in lhe anlount of $82,200 from Gas Tax Reserves to Fund 313 for the appropriate landscaping projects listed above. The advancement of funds will be repaid in FY 05 to the MSTD General Fund and Gas Taxes. Sources of funds are Gas Taxes and Ad Valorem Taxes. .- Agenda Item No. 16B3 July 27,2004 Page 1 of 3 GROWTH ~IANAGEMENT IMPACT: None. RECOMMENDA nON: That the Board approve the necessary budgct amcndments for the 2 month advance in the amount of $274,059 to be reimbursed in FY05. _. Agenda Item No. 1683 July 27,2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 1683 Item Summary Recommendation to approve fiscal year 2004 reserve funds to be used to advance fiscal year 2005 landscaping funds into fiscal year 2004 with reinstatement of the reserve funds in fiscal year 2005 from the landscaping budget in the amount of $274,059. Meeting Date 7/27/2004 9:00:00 AM Approved By Pamela J. Lulich Project Manager Date Transportion Services Traffic Operations/ ATM 6/18/20044:43 PM Approved By Diane B. Flagg Traffic Operations and Alt Trans Modes Director Date Transportion Services Traffic Operationsl A TM 7/12/20045:58 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 7/13/20048:05 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 7/13/20042:55 PM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 7/14/200411 :45 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/14/200412:14 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/14/20043:14 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/16/20048:12 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/16/200410:29 AM Agenda Item No. 1683 July 27, 2004 Page 3 of 3 EXECUTIVE SUMMARY Recommendation to approve a Developer Contribution Agreement between FFr Santa Barbara 1, LLC, a Florida limited liability company, and Gertrude Abele, Trustee, hereinafter eollectively referred to as nDeveloper," and the County. The right-of..;way donated and purchased from this Development is for the Santa Barbara Extension project from Davis to Rattlesnake project #60091. OBJECI'IVE: To obtain Board approval of a Developer Contribution Agreement (the "Agreement") between FFT Santa Barbara I, LLC. a Florida limited liability company and Gertrude Abele. Trustee (collectively referred to as the <<Developer'), and the County. The overall purpose of the Agreement is to allow the Developer to both donate and sell certain land to the County for use as right-of-way for the future planned Santa Barbara Extension, in exchange for being gmnted certain access points to this future roadway. --- CONSIDERATION: The Agreemcnt requires the Developer to: (1) donate the firsl360' times 100' south of Davis Blvd. to the County, free of charge, and with no impact fee credito;; (2) subject to appraisals, if purchao;ed prior to June 30, 2006. sell the County the rcmaining portion of the approximate 100' that fronts the property on Santa Barbara Extension for the sum certain of $4.67 per square foot, which sum represents what the Developer is paying for the propcrty; or (3) if purchascd on or after June 30. 2006, sell the County the remaining portion of the 100' that fronts the property on Santa Barbara Extension (approximately 1050') at fair market value for the land based upon an appraisal prepared by the County, or if the purchase price is in an amount over $500.000, then the average of the two appraisals; and (4) provide, free of charge to the County, and with no impact fee credits, compensating right-of-way for deceleration and accelerating turn lanes for both of the entrances on Santa Barbara Boulevard. In exchange for this, the County has agreed to the following: (1) The northern driveway on Santa Barbara shall be a right in/right out entrance and the southern driveway will be allowed a full access if it can be built in the approximate location depicted on Exhibit "B" to the Agreement. This full median opening is subject to revision to a northbound directional median opening into the property if a safety problem arises under the four-lane condition or at which time the County widens the road to six lanes and finds that it nccds to be reconstrueted for safety purposes; (2) The driveway on Davis Boulevard shall be a right inlright out only at the western edge of the property to allow for adequate right turn lane lengths at the Santa Barbara intersection and compensating right-of-way shaiI be provided fOf the right turn lanes within the property owned by the Developef if requested by DOT; and (3) the County shall be responsible for all permitting, mitigation and construction costs related to constructing Santa Barbara Boulevard in the area being acquired from the Developer. .- FISCAL IMPACT: The County would be required to buy this right-of-way as part of the Santa Barbara project. this agreement is projected to save the County $727,123.00 in right-of-way costs. The County by this agreement will pay $434.777.00 for this right-of- way. Funds are available in impact fees and gas taxes. Source of funds are gas taxes arid impact fees. Agenda Item No. 1684 July 27,2004 Page 1 of 10 GROWTH MANAGEMENT: This project is consistent with the Long Range Transportation Plan and thc Growth Managemcnt Plan. RECOMMENDATION: That the Board of County Commissioners approves this Developmcnt Contribution Agreement. and authorizes the Chairman to execute thc Agrcement on bchalf of thc County and approvc any necessary budget amcndments. - 2 Agenda Item No. 1684 July 27,2004 Page 2 of 10 Item Number Item Summary Meeting Date Approved By Norm E. Feder, Alep Transportion Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B4 Recommendation to approve a Developer Contribution Agreement between FFT Santa Barbara I. LLC, a Florida limited liability company, and Gertrude Abele, Trustee, hereinafter collectively referred to as "Developer," and the County. 7/27/20049:00:00 AM Transportation Division Administrator Date Transportation Services Admin. 7/14/20045:01 PM Approved By Lisa Taylor Transportion Services Management/Budget Analyst Date Transportation Administration 7/15/20049:58 AM Approved By Diane Perryman Transportion Services Executive Secretary Date Transportation Services Admin. 7/15/200410:34 PM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/16/200411 :54 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/16/20042:19 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/19/20042:20 PM Agenda Item No. 16B4 July 27,2004 Page 3 of 10 DEVELOPER CONTRIBUTION AGREEMENT THIS DEVELOPER CONTRIBUTION AGREEMENT ("Agreemcnt") is made and entcred into this 27lh day of July, 2004, by and betwccn FFT Santa Barbara I, LLC, a Aorida limited liability company, whose address is 5307 Randolph Road, Rockville, Maryland 20852, and Gertrude Abcle, Trustee, whosc address is c/o Ed Abele, 14 Corporate Drive. Clifton Park, New York 12065, hereinafter collectively rcfcrred to as "Developer," and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "County." REC IT ALS: WHEREAS, Developer either has legal control over, or is the reeord title owner of certain lands located in Collier County, described in Exhibit "A" (hereinafter refcrrcd to as "The Development~ and WHEREAS, among other things. the Developer wishes to donate and sell certain lands to the County for use as right-of-way for the future planned Santa Barbara Extension, in exchange for being granted certain access points to this future roadway~ and WHEREAS, thc Transportation Administrator has recommended to the Board of County Commissioners that thc plan for donation is in conformity with contemplated improvcments and additions to thc County's transportation network. and that it will be advantageous to the public for Devc10pcr to donate the right of way as described hcrein; and WHEREAS. after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Agreement based upon the Board finding that the proposed plan set forth in this Agrecment is in conformity with the contcmplated improvements and additions to the County's transportation system, and is consistent with both the public interest and with the County's existing comprehensive plan. WIT N E SSE T H: NOW, THEREFORE, in consideration of Tcn Dollars ($10.00) and othcr good and valuablc consideration exchanged amongst the partics, and in consideration of the covenants containcd herein, the partics agrcc as follows: 1. All of thc above RECITALS are true and correct and are hereby expressly incorporatcd herein by reference as if set forth fully below. 2. Attached as Exhibit "B" is a graphic rendering of thc plan for donation. Utilizing Exhibit "B" for refercnce, the parties agrec as follows: . Within 30 days after written notice by the County, the Devcloper shall donatc the first approximately 360' times 100' south of Davis Blvd. to thc County, free of charge, and with no impact fee credits. Agenda Item No. 1684 July 27, 2004 Page 4 of 10 .",,- . Within 30 days aftcr written notice by thc County, thc Devcloper will sell the County the remaining portion of thc 100' that fronts thc property on Santa Barbara Ex.tension for the sum certain of $4.67 per square foot provided that the County acquires the right-of-way prior to June 30, 2006. Dcpending upon the ultimate purchase amount, pursuant to F.S. Scction 125.355, this purchasc will require one or two appraisals. If the appraisal, or the avcrage of thc two appraisals. as the case may be, indicates a fair market valuc equal to or greater than $4.67 per square foot, then this transaction will proceed without further action by the Board of County Commissioners. If, however, the appraisal, or the average of the two appraisals. indicates a fair market value less than $4.67 per square foot, then the transaction will require approval by the Board of County Commissioners by an extraordinary vote, failing which the County may purchase this land in the amount equal to the appraisal, or, if two appraisals, by the average of the two appraisals. If the County acquires this right-of-way after June 30, 2006, the County shall pay fair market value for the land based upon an appraisal prepared by the County, or if the purchase price is in an amount over $500,000, then the average of the two appraisals as required by F.S. Section 125.355. · Within 30 days after written notice by the County, the Developer will provide, free of charge to the County, and with no impact fcc credits, eompensating right-of-way for dcceleration and accelcrating turn lanes for both of thc cntrances on Santa Barbara Boulevard. . The northern driveway on Santa Barbara shall be a right in/right out cntrance and the southern driveway will be allowed a fult access if it can be built in the approximate location depicted on Exhibit "B". This full median opening is subject to rcvision to a northbound dircctional median opcning into the property if a safety problem arises under the four-lane condition or at which time the County widens the road to six lanes and finds that it nccds to be reconstructed for safety purposes. . The driveway on Davis Boulevard shall be a right in/right out as close as possible to the western cdge of the property to allow for adequate right turn lane lengths at the Santa Barbara intersection and compensating right-of-way shall be provided for the right turn lanes within the property owncd by the Developer if requested by DOT. · The County shall be responsible for all pcrmitting. mitigation and construction costs related to constructing Santa Barbara Boulevard in the area being acquired from the Dcvcloper. 3. All conveyances to the County shall be in fee simple, free and clear of allticns and encumbrances, by statutory warranty deed, the fonn of which is attached hereto as Exhibit "C". The County will be responsible for paying the costs of any title work and searches, and Dcvelopcr shall be responsible at all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work or by the Developer's attorney opinion. which is morc particularly dcscribed below. Developcr will promptly provide the Office of the County Attorney with an executed deed, suitable for recording. Upon receipt, the County shall record the deed in the Public Records of the County and shall assume the costs associated with the rccordation. 4. Prior to providing the cxecuted decd, Developer will provide an attorney opinion idcntifying the record owners of thc Ocdicatcd Land, setting forth the authority of the record 2 Agenda Item No. 1684 July 27,2004 Page 5 of 10 owncr to cntcr into this Agreement, and identifying any lien holders having a licn or encumbrance on the Dedicated Land. The opinion will specifically describe each of the recorded instrumcnts under which the record owncr holds titlc, each lien or cncumbrancc, and citc appropriatc rccording information and incorporate by refercnce a copy of all such rcfercnced instruments. 5. The parties acknowledge that all conveyanccs set forth in this Agreement arc characterized as property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 6. This Agrccment shall not bc construed or characterized as a development agrccment under the Florida Local Govcrnmcnt Development Agreement Act. 7. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the partics to this Agreement 8. Developer acknowledges that the failure of this Agreement to address any permit, condition. term or restriction shall not relieve either thc applicant or owncr, or thcir successors or assigns, of the nccessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, tcrms or restrictions. 9. In the cvent state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agrccment shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agrcement. 10. Exccpt as otherwise providcd herein, this Agreement shall only bc amended or cancellcd by mutual written consent of the parties hereto or by their successors in interest. 1 t. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourtccn (14) days after the County entcrs into this Agreement Devcloper shall pay all costs of recording this Agreemcnt. A copy of thc recorded documcnt will be provided to Developer upon request. 12. In the event of a disputc under this Agrcement, thc parties shall first use thc County's Alternative Dispute Resolution Procedure as described in Exhibit "D". Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative with any and all other rcmedies available to thc parties for the cnforccment of this Agrcemcnt IN WITNESS WHEREOF, the parties hereto havc caused this Agreement to be executed by their appropriate officials, as of the datc first above written. Attest: BOARD OF COUNTY COMMISSIONERS 3 Agenda Item No. 1684 July 27, 2004 Page 6 of 10 The foregoing instrument was acknowledged before me this _ day of , 2004, ~ , M He is [ ] personally as identification. DWIGHT E. BROCK, Clerk By: , Deputy Clerk WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER COUNTY, FLORIDA, By: DONNA FIALA, Chairman FFT Santa Barbara I, a Florida limited liability company By: Print Name: Print Title: of known to me, or r J has produced driver's license no. (SEAL) NOT AR Y PUBLIC Name: (Type or Print) My Commission Expires: 4 Agenda Item No. 1684 July 27,2004 Page 7 of 10 WITNESSES: Gertrude Abele, Trustee Print Name: By: Print Name: Ed Abele Print Title: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me . 2004, by this _ day of , as He is [ j personally as identification. of known to me, or [ ] has produced driver's license no. NOTARY PUBLIC (SEAL) Name: (Type or Print) My Commission Expires: Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney 5 Agenda Item No. 1684 July 27,2004 Page 8 of 10 UST OF EXHIBITS ATTACHED TO AGREEMENT (TO BE FINALIZED AT FINAL DRAFT) Exhibit "A" Legal Description and graphic rendering of the Development. Exhibit "B" Graphic rendering of the general Donation Plan. Exhibit "C' Sample Form of Statutory Warranty Deed Exhibit "D" Collier County's Alternative Dispute Resolution Procedure 6 Agenda Item No. 1684 July 27,2004 Page 9 of 10 jUN-24-2004 12:39 FROM:KEPPLE ENGINEERING 12394031787 TO: 4351218 ---------------------------~-- ) ~ j D~ I..~::::=:::=:::=~: ------------ - ~-------------~- -----------------~- q'" c.g: lilo ,0. :IE Z 0'" a. to.> ",lD :; oi~ \D- ..... I ~ I z I I I I .,., 1 c: I ri- I c: I ...., I (0 J I I --- I 0 t 0 1 1 ;;0 I......... :~ I(/) to :J r1- Q CD a ., rr 0 .., ~ 'I' 0 - OJ ii' ., <' ~ 0.. 01 ~ III ~~I (;Il ~ 3 ~~it It ::l J Ul I ~ Ql ~o t') ... OlJll s:: CjS. III :. 'tI III - &ll:' III 665.35. N aQd2'41" W '1 III P.2 ~- - -- c____ ( --!:---- ""........... Executive Summary Recommendation to endorse proposed roadway functional classification designations for Immokalee and Marco Island "Urban Cluster" Areas of Collier County OBJECTIVE: To obtain BCC endorsement of proposed roadway functional classification designations for Immokalee and Marco Island Urban Cluster Areas. These endorsed functional classification designations will be forwarded to the Federal Highway Administration (FHW A) for its ultimate approval. _. CONSIDERATIONS: The Federal Highway Administration (FHWA) and Florida Department of Transportation (FDOT) require an update of urbani:r.ed area boundaries and roadway functional classification designations every 10 years to reflect the latest dccennial census. Ovcr the past several months, the Collier Metropolitan Planning Organization (MPO) and its advisory committees have worked with FOOT's project consultant to identify adjusted urbanized/urban cluster area boundaries for the Bonita SpringsINaplcs, Marco Island and lmmokalee arcas of Collier County. These adjusted boundaries reflect the results of the 2000 Census and near-term development trends. The next step in the process has been an update to the functional classification designations of each arterial and collector roadway in Collier County. Adjustments werc made to mOT's initial reeommendations based on input received from the MPO and its Technical and Citizen Advisory Committees. Attachment A illustrates the roadway designations that were endorsed by the MPO Board at its June 11th meeting. The Collier County Board of County Commissioners must also endorse proposed functional classitication designations for thc Immokalcc and Marco Island Urban Cluster Arcas. The Marco Island City Council made such an endorsement of the proposed designations in the Marco Island Urban Cluster at its June 21 ~t meeting. Following BCe action. the locally-endorsed classifications will be forwarded to the Florida Department of Transportation and Federal Highway Administration for its ultimate approval.. Once approved, the BCC Chair will be asked to sign the official functional classification maps that will be in effect for the next decadc. Thc following list of changes arc being recommcnded for the lmmokalce and Marco Island Urban Cluster Arcas: lmmokalee U. C · New Market Road (Main Street to 15th Strcet): Upgrade from Collector to Minor Arterial; · First Street (Main Street to Immokalcc Drive): Upgrade from Local Street to Urban Colleetor; · Carson Road (lmmokalec Drive to Wcstclox Road): Upgrade from Local Street to Urban Collector: · Charlotte Street (Immokalcc Drive to New Markct Road): Upgradc from Local Street to Urban Collector; · lmmokalee Drive (Carson Road to First Street): Upgrade from Local Street to Urban Collector, and .- Agenda Item No. 1685 July 27,2004 Page 1 of 8 · Westclox Road (Carson Road to SR 29): Upgrade from Local Street to Urban Collector. Marco Island U.c. · CR 92 (Barfield Drive to Urban Boundary): Upgrade from Collector to Minor Arterial; · SR 951 (CR 92 to Barfield Drive): Downgrade from Minor Arterial to Urban Collector as part of transfer of roadway to City; · Barfield Drive (Wintcrberry Drive to SR 951): Upgrade from Local Street to Urban Collector; · Isle of Capri Boulevard (Kon Tiki to SR 951): Upgrade from Local Street to Urban Collector; · South Collier Boulevard (Winterbcrry Drive to CR 92): Local Street to Urban Collector; and · Winterberry Drive (South Collier Boulevard to Bart1eld Drive): Local Street to Urban Collector. Urbanized/urban area and functional classification designations affect acccss managcment classifications, roadway design criteria and most importantly, the ability to reccive Federal-aid funding. Although it will be important to meet the targets that arc established by FHW A and FOOT, the designation of a particular road should correlate to its actual function. Roadway volume. trip purpose, nctwork connectivity, access to regional facilities such as Interstate 75, Naplcs and lmmokalec Airports, and major population/cmployment centers are also important to consider. It is important to note that the cla:.sification of a roadway as a "collector" or "arterial" does not mean that it will be specifically consideredfof widening in the MPO's 2030 Long-Range Transportation Plan Update. FISCAL IMPACT: Roadways with a highcr classification than Urban Collector (Bonita Springs/Naples Urbanized Arca; lmmokalcc and Marco Island Urban Cluster Areas) or Rural Major Collector arc eligible to receive Federal funding, including Fcderal Emergcncy l\1anagement Administmtion (FEMA) funding following a natural disaster. GROWTH MANAGEMENT IMPACT: No impact on designations recently adopted by Collier County for use in Growth Management Plan. RECo.MMENDA TION: Endorse recommended functional classification designations for Immokalee and Marco Island Urban Cluster Areas, as illustrated in Attachment A. Recommendation to also authorize BCC Chair to sign official functional classification maps, once approved by FHW A. ATTACH.1\1ENTS: A: Excerpts from Functional Classification Study that were endorsed by the Collier MPO on June 11th. .-. B: "Functional Classification Designations" summary developed by MPO staff. Agenda Item No. 1685 July 27,2004 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 1685 Item Summary Recommendation to endorse proposed roadway functional classification designations for Immokalee and Marco Island "Urban Cluster" Areas of Collier County Meeting Date 7/27/20049:00:00 AM Approved By Donald L. Scott Transportation Planning Director Date Transportion Services Transportation Planning 7/13/20041:25 PM Approved By Johnny Limbaugh MPO Director Date Transportion Services Transportation Planning 7/13/20041:30 PM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 7/14/20047:10 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 7/14/20049:55 AM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 7/14/2004 11 :54 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/14/200412:17 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/19/200410:56 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/19/200412:41 PM Agenda Item No. 1685 July 27,2004 Page 3 of 8 FUNCTIONAL CLASSIFICA TION DESIGNATIONS Federal Functional Classification Update · Conducted in conjunction with adjusted urbanized/urban cluster area boundary dcfinitions to retlect latcst Census and near-term (within next five years) development trends. This process occurs every ten years. . In Florida, FDOT administers Function Classification Update. MPOs and pertinent local governmcnts must formally approve new designations. · FOOT and FHW A have established targets to be achieved, relating to mileage and vehicle-miles-traveled (YMT) on particular classifications. MPOs and local governmcnts, however. must make sure that roadways arc properly classified according to function. · "Urban Collector" and "Rural Major Collcctor" and above arc eligible for Federal-Aid Funding. Hierarchv of Functional Classifications · Arterials: Roads that are intcnded for grcater mobility, with less access to adjacent propcrties. Typical trips arc inter-city or inter-regional in nature. Examples include Interstate 75, US 41, SR 29. Roads that distributc traffic between the arterial and local road systems. Moderate mobility with moderate access to adjacent properties. Examples include Barfield Road, Goodlette-Frank Road, and Lake Trafford Road. Intended to provide maximum access to adjacent properties, with low emphasis on mobility. Majority of roads arc local. Examples include Horscshoc Drive, Glades Boulevard and Copeland A venue. · Collcctors; · Locals: NOle: Although volumes are considered in the classification of roadu'a)'s, it is only one of a number of factors that are used. Agenda Item No. 1685 July 27, 2004 Page 4 of 8 ,.-.- L I I I , , I , , I ; I .! ! 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Q) - CI) :s C3 c: C1:l <:t€ Q,,;:) C1:l'O :!ic: C1:l ~ o (.) ... C1:l :E >- I~~ ... .2 CIl uU6 "i: 3",;:: :!LL~ C"'i~ I- ... III o CI III oaf..!! Ll.Ll.U ~ o ~ ~ 'OJ" af OJ X ::::l LO-.::tCX) cao..... COOO T"""NCX) . ,....- 0> ON 0) Z>,CO E-Sa.. 0>..., - co '"0 C 0> 0) <( ~ EXECUTIVE SUMMARY Recommendation to award Bid #04-3674 "Airport-Pulling Road MSTD Roadway Grounds Maintenance" at a yearly cost of $123,875.00. Project 62016. OBJECTIVE: Award Bid # 04-3674 "Airport-Pulling Road MSTD Roadway Grounds Maintenance" for the maintenance of this roadway median landscaping, irrigation, and right-of- way. CONSIDERATIONS: Purchasing sent out eighty-seven (87) bid notices on June 17, 2004. They received three (3) bid packages on July 6, 2004. All three (3) bids were considered qualified and responsive, with Florida Land Maintenance, Inc. dba Commercial Land Maintenance Inc. as being the lowest qualified and responsive bidder. 1. Commercial Land Maintenance, Inc. $123,875.00 2. Green Heron Landscapes, Inc. $132,481.60 3. Ground Zero Landscape Services, Inc. $162,338.00 ,- FISCAL IMPACT: Funds in the amount of $ 123,875 are available in Fund 112. Source of funds are MSTD Road & Bridge. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board Award contract #04-3674 "Airport-Pulling Road MSTD Roadway Grounds Maintenance" to Florida Land Maintenance, Inc. dba Commercial Land Maintenance Inc.. - Agenda Item No. 1686 July 27,2004 Page 1 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 1686 Item Summary Recommendation to Award Bid #04-3674 "Airport-Pulling Road MSTD Roadway Grounds Maintenance" at a yearly cost of S123,875.00 Meeting Date 7/27/2004900:00 AM Prepared By Tessie Sillery Operations Coordinator 718/20044:02:07 PM Transportion Services Traffic Operations/ A TM Approved By SIeve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7113120047:58 AM Approved By Bob Petersen Project Manager Date Transportion Services Traffic Operations/ A TM 7113120042:01 PM Approved By Lisa Taylor ManagementJBudget Analyst Date Transportion Services Transportation Administration 7/14120049:56 AM Approved By Diane B. Flagg Traffic Operations and Alt Trans Modes Director Date Transportion Services Traffic Operationsl A TM 71141200410:47 AM Approved By 'iorm E. Feder, AICP Transportation Division Administrator Date T'ansportion Services Transportation Services Admin. 7114120043:48 PM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 7115120043:48 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7115120043:53 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/16120048:34 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/19/20041:16 PM Approved By Charlene Hoglund Date 719/20049:06 AM Agenda Item No. 1686 July 27,2004 Page 2 of 12 f'-M co +.; "t::J e Q) ~ .~ '" v B~ := '" o Q) ZO) (ll ~ V (ll c.. c oV.., ~8 2", Q) c..,..:- ..0"- o Q) co e :J ~-, &i:i n! 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I I , "~ :~ 1 ,..1;; ..,. ( ... I... ~~ I-~ '..g ::l ~ o :r 0 oJ:> .:..0 .,..!:l ~-;; ,.<: ::l ! r..; (/J I~ ~ ! <: .- f ~ I I <D~N CD 0..- <DO..... ..-NO cir--:N ZN"- E~~ Q):Jca .=:::"'"')c.. ca -0 C Q) 0) <( o ..... - o o ..... Q) Ol III 0. I ,-- EXECUTIVE SUMMARY Rccommendation to approve a landscape installation and maintenance agreement between Longshore Lake Foundation, Ine and CoUier County for landscaping and waD installation within the right-of-way on Logan Boulevard at no cost to the County. OBJECTIVE: For the Board to approve enhanced landscaping and installation of an cight-foot sound barrier wall along Logan Boulevard, a County Road, and to assure adequatc landscape maintenance. CONSIDERATION: The Agreement (Attachmcnt 1) pennits the installation of an eight-foot sound barrier wall and enhanced landscaping and irrigation installation. Through previous Board action (September 9,2003, Agenda Item WE), GL Homes agreed to pay for the construction and installation an 8-foot wall running the lcngth of Longshore Lakes and for the cost and installation of the access point connecting Longshore Lakes to Logan Blvd. North. The Agreement provides for future ongoing maintenance of allimprovemcnts within the County's right-of-way. The homeowners within Longshore Lake will be financially responsible for the maintenance and future replacement of the Improvements. ............- The County has the right, under the Landscape Maintenance Agreement, to direet the Longshore Lake Foundation, Inc. to make any necessary repairs or, if thc County's dircction is not complied with, to make the repairs and bill the Longshore Lakc Foundation, Inc. Further, the Agreement indemnities the County from any action on the part of the developer or the property owners association that might be dctrimental to the County. Finally, the Agrccment incorporates a set of Maintenance Specifications that the developer and the property owners association must comply with. These wall improvements, landscaping and irrigation installation and maintenance are at no cost to the County. FISCAL IMPACT: The Longshore Lake Foundation is responsible for recording fee of $103.50 made payable to the Clerk ()f Courts. All expenses associated with the improvcments and thc related ongoing maintenance shall be the responsibility of the developer and the property owners association. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the attached Ahl'fCemcnt and authorize thc Chairman to ex.ecute it on behalf of the Board. - Agenda Item No. 1687 July 27, 2004 Page 1 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16B7 Item Summary Recommendation to approve a landscape installation and maintenance agreement between Longshore Lake Foundation, Inc and Collier County for landscaping and wall installation within the right-of-way on Logan Boulevard at no cost to the County. Meeting Date 7/27/20049:00:00 AM Prepared By Pamela J. Lulich Project Manager 7/9/20042:16:43 PM Transportion Services Traffic Operations/ A TM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 7/13/2004 6:21 PM A pproved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 7/14/20047:47 AM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 7/14/200412:15 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/16/20048:07 AM Approved B~' Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/16/20049:35 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/16/20044:16 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 7/9/20042:42 PM Agenda Item NO. 1 tits I July 27,2004 Page2of14 STANDARD LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement ("Agreement") is entered into this _ day of , 2004, by and between Collier County, Florida, a political subdivision of the State of Florida whose mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the "County"), and Longshore Lake Foundation, Inc., whose mailing address is 11399 Phoenix Way, Naples, Florida 34119 (hereinafter referred to as the "Association"). RECITALS: WHEREAS, County is the owner of that certain right-of-way located in Collier County, Florida and known as Logan Boulevard (hereinafter referred to as "Road"); and WHEREAS, the Association, at its sole expense, wishes to enhance the landscaping within certain County right-of-way along Logan Boulevard and to install an eight-foot sound barrier wall; and WHEREAS, Section IV - B-12 of the Construction Standards Handbook for Work Within The Public Rights-Of-Way, Collier County, Florida (2003) provides as follows: Permitting The responsible property owner or his authorized agent must apply for a "Permit to Perform Work and/or Maintenance in Public Rights-of-way". Landscaping Permit Within the public rights-of-way: A private owner, Developeror civic or homeowners' association desiring to landscape within a public right-of-way shall submit landscape and irrigation construction documents prepared by a licensed landscape architect for County review. The Permit application shall include three (3) sets of detailed plans indicating the existing right-of-way facilities and the type and location of the proposed plantings, location of electrical and irrigation systems(s). After acceptance of the landscape and irrigation plans. a landscape agreement shall be prepared by the contracting parties and approved by the County attorney's office. (See Appendix for example) The purpose of the landscape agreement is to ensure that the Permittee, or his successors or assign, shall be responsible to maintain such material and irrigation system until removed or unless otherwise specified; and WHEREAS, in keeping with the above, the Association has applied for a Landscaping Permit Within the Public Rights-of-Way, and has submitted landscape and irrigation construction documents prepared by a licensed landscape architect for County review. A copy of this Permit and the plans are attached hereto as Schedule "A". The Association shall follow the Collier County Maintenance specifications attached as Schedule "B"; and WHEREAS, it is agreed to by the undersigned parties that this Agreement is in the best interest of, and is a substantial benefit to, the general public. Page 1 of 4 Agenda Item No. 1687 July 27,2004 Page 3 of 14 NOW, TIffiREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1. Subject to the issuance of all necessary Permits, County hereby grants to the Association the right to use those portions of the Road depieted in Schedule "A", for the sole purpose set forth in Schedule" A". The Permi ts address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane closures during the time that work is to be performed. 2. The Association agrees to construct and maintain the improvements set forth in Schedule "A" (hereinafter referred to as "Improvements") at its sole cost and expense, until such time as the County executes a release from indemnification as discussed below. 3. Should the Association fail to construct or rnaintain the Improvements in accordance with Schedule "A" or "B" or otherwise required by law, the County may provide notice to the Association in writing, specifying the nature of the deficiency. Within five (5) working days following receipt of such notice, the Association at its sole cost shall cause the appropriate repairs or cure to be effected. 4. The Association, as Indemnitor hereunder, shall indemnify and save harmless the County, as Indemnitee hereunder, including all employees of the County, from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation, against the County arising out of the Association's use of the Road for the purposes set forth in this Agreernent, including the construction and removal of the Improvements. The Indemnitee shall not undertake to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder without the prior consent of Indemnitor, such consent to not be unreasonably withheld. 5. The indemnity provided for by this Agreement will extend from the date of this Agreement until sueh time as the parties hereto acknowledge in writing that the Association has ceased to use the Road for the purposes stated within this Agreement and the Road has been restored as set forth below, at which time, following receipt of the Association's written request, the County will execute a release from indemnification in favor of the Association. 6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the County in connection with this Agreement, within thirty (30) days of the date that County is aware of such claim. 7. Unless terminated as set forth below, this Agreement shall remain in full force and effect in perpetuity from the date first set forth above, and shall be binding upon the parties and all their successors in interest. The Agreement may be freely terminated as of right by either party, with or without cause, upon written notice to the other. If the Association exercises this right, or if the County exercises this right based upon the Association's substantial breach of this Agreement, then upon written demand by County, the Association, at its sole cost and expense, shall remove the Page 2 of 4 Agenda Item No. 1687 July 27, 2004 Page 4 of 14 Improvements and will restore the Road to the condition that existed immediately prior to the effective date of this Agreement. If the County exercises this right, or if the Association exercises this right based upon the County's substantial breach of this Agreement, then the County will be responsible for any removal of the Improvements or restoration of the Road. Except for the above, neither party will be liable to the other for any damages or claims resulting from the termination of this Agreement. The Association agrees that they are installing the Improvements at their own risk and will not be entitled to compensation for the removal of any of the Improvements. 8. Notwithstanding anything to the contrary, should the County determine that a safety or operational problem exists with respect to any portion of the Improvements, the County may by written notice to the Association order the removal or alteration of the offending Improvement. The notice will set forth the required work to be performed with a time frame for completion. Upon receipt of such notice, the Association, at its sole cost and expense, will comply with the demands set forth in the notice, failing which the County may take whatever action it deems necessary, and the Association will reimburse the County for its costs within thirty (30) days of receipt of the County's bill. 9. In the event either party hereto shall institute legal proceedings in connection with, or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels. 10. This Agreement may be recorded by the County in the Official Records of Collier County, Florida. The Association shall pay all costs of recording this Agreement prior to the execution of this Agreement. A copy of the Recorded Agreement will be provided to the Association. 11. This Agreement shall be governed by the laws of the State of Florida, and may not be altered or amended in any way, save by written agreement signed by both parties. REMAINDER OF P AGE INTENTIONALLY LEFf BLANK FOR SPECIAL CONDmONS, IF ANY Page 3 of 4 Agenda Item No. 1687 July 27, 2004 Page 5 of 14 ,- IN WITNESS WHEREOF, the parties have caused these presents to be executed on the day and date first above written. A TrEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk DONNA FIALA, Chairman WITNESSES: LONGSHORE LAKE FOUNDA nON, INC. :;ss~ Pri~ted N : . _ XtA] ~ TItle: ~!e~vn. e,(.n~ e' ~~ ~ I. . .. rinted Name: ,.~ Aic;# STATE OF FLORIDA COUNTY OF COlLIER Signed and acknowledged on this Cf~y of ,2004, before me, the undersigned notary public, by fl1 ~ , President of LongshoreLake Foundation, Inc., a Florida oration not-for-profit, on behalf of the corporation, who [/] is personally known to me or [ ] produced as identificatiO~' /J j ab~~ Not blic #t Printed Name: J).Db,yrf::t My Commission Expires: - 0-0 and Sufficiency: :,~\'ol\~:fit:.< DEBClRAH BOHN i.t'J;;,o, ;.~ MY COMMISSION' 00 197209 ~~~,. EXPIRES: April 20, 2fX17 "Il.tir;~l(.." Bonded ThN NoIory PI.alIic l.IrlcIIrMIIn Page 4 of 4 Agenda Item No. 1687 July 27, 2004 Page 6 of 14 SCHEDULE "3" RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFICA nONS These specifications are intended to provide the infonnation by which private entities may understand the minimum requirements of Collier County relative to maintaining County rights of ways. Reeords of all specifieation requirements shall be kept and made available to the County's representative upon request. A. MOWING AND EDGING: Mowing and edging shall include medians as well as those areas, if existing, along the outside edge of the sidewalks of adjacent properties. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one half inches (3 W'). The frequency of cutting will be weekly or fifty-two (52) times. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, baek of conerete curbs, around all planting beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts, and trees. Metal blade edging is not permitted along back of curbing. Grass root runners extending into the mulched areas shall be cut and removed when the edging is perfonned. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. All sidewalks, curbing and/or gutters shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. B. WEEDING: Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail bases, and curb joints as well as other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. C. GENERAL SITE PRUNING: General site pruning shall be defined as the pruning of any plant's foliage below ten-foot (10') foot. All groundcovers, shrubs, canopy trees and palms up to ten foot (10') level, shall be inspected and prunect on a weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or 1 of8 Agenda Item No. 1687 July 27, 2004 Page 7 of 14 form as determined by County's representative. Pruning shall also include rernoval of water sprouts, suckers and any dead or diseased foliage or branches. During the first week of October and April, ornamental grasses, such as Fountain grass, Florida Gamma or Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12") or twenty-four (24") height based upon the type of plant. Ornamental type grasses sueh as Liriope muscari 'Evergreen Giant', shall only be pruned at the direetion and approval of the County's representative. Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimum height of one hundred twenty inches (120"). Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain one foot (1') of clearance from the edge of the pathway. IT is recommended that adjacent shrubs and groundcovers be maintained so that they angle or are rounded away from the pathway. D. TRASH REMOVAL: With each service, all sites shall be cleaned by removing all trash or debris to include, but not limited to; paper, bottles, eans, other trash, and horticultural debris. All debris or trash pick-up shall be performed "prior" to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. E. STREET CLEANING/SWEEPING: Street Cleaning: A four foot (4') wide area measured from the face of the curb and gutters including turn lanes shall be cleaned with each site service to remove any aceumulation of debris or objectionable growth so to maintain a neat and safe eondition. F. TRAFFIC CONTROL: The developer shall comply with the requirements of Collier County Maintenance of Traffic (MOT) Policy, copies ofwhieh are available through Risk Management or the Purchasing Department. The Developer shall obtain and review the County MOT policy requirements prior to submitting a bid. The Developer will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standard Indexes, or other related documents, so to beeome familiar with the requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. To assist in employee visibility; approve bright day glow red/orange colored safety vests shall be worn by employees when servicing the area. G. CANOPY TREE AND PALM PRUNING For this site, canopy trees shall be defined as any large shrub, tree, or palm with foliage above a ten foot (10' _level. All canopy trees and palms shall be pruned on a continuous basis to create and maintain a seventeen-foot (17') canopy clearance over the roadways and a ten-foot (10') eanopy clearance over all pathways. Canopy trees shall be selectively pruned twiee per year in April and September so to thin the interior canopy of eross branching and to shape the canopy of the trees. The County's representative shall 20f8 Agenda Item No. 1687 July 27,2004 Page 8 of 14 approve a professional licensed to prune tress under the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional shall do the pruning and sharpening. The work shall be performed per ANSI AS300 "Standard Practices for Trees, Shrubs, and other Woody Plant Maintenance" and done in a professional manner in accordance with "Pruning Standards" of the national Arborist Association or accepted local trade standards and praetiees. Palms shall be pruned annually during June of each year. The palms shall be pruned to a "Tropical Cut" or to a nine (9) o'clock- three (3) o'cloek angle from the horizontal at the base of the palm's bud or lowest fronds. Approximately seven (7) to (10) ten green fronds shall be left at the head after pruning. The pruning shall include removal of all nuts, seed stalks, brown or dead and lower fronds. The work shall be done in a professional manner in accordanee with acceptable trade standards and practices. The palms shall not be climbed with tree spikes to remove the fronds. The pruning shall be accomplished by the use of a ladder, boom truck or lift. All debris from the pruning shall be removed and the site shall be left on a clean and neat manner. When the annual or bi-annual heavy pruning work is being performed with the use of a lift or boom truck, it is required that the adjacent traffic or turn lane to the work area, be closed using traffic eontrol devices and signageper the current FDOT traffic control standards and indexes. H. FERTILIZA TION Granular fertilization of shrubs and ground covers shall be applied by hand in a twelve-inch (12") wide radius ring around the base of the plants. Granular fertilization of the trees and palms shall be determined by the caliper (diameter) of the trunk and broadeast by hand in a band around the plant's base from a distance of 12" to the drip line of the palm, whenever possible. An 8 oz. cup equals one (1) pound. Trees and palms shall receive one (l) cup per one-inch (1") caliper. Shrubs and groundcovers shall receive one (1) cup per three foot (3 ') of height or spread. Shrubs and groundcovers shall receive one-half (1/2) cup per eighteen inches (18") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. Turf Areas and Plant beds containing Shrubs, Groundcovers, and Trees. The (13-3-13) fertilizer shall be applied at a rate often (10) pounds per one thousand (1000) sq ft. for all areas. Four applications of (13-3-13) fertilizer will be applied yearly during the months of February, May, July, and October. 30f8 Agenda Item No. 1687 July 27, 2004 Page 9 of 14 Palms Developer shall apply approved by County's representative palm fertilizer during February, May, July, and October as specified below. Should yellowing occur on the top of the fronds, manganese sulfate will be required and if on the lower fronds, Sul-Po-Mag or equivalent will be required to be applied with the palm fertilizer at the rates specified. 1. MULCHING Organie Mulch Areas with no mulch or new planting areas shall have mulch placed to provide for a four inch (4") non-compacted or unsettled depth measured from the existing soil grade. The area to reeeive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Two inches must be applied to replenish this mulch twice a year, November and during May. J. LANE CLOSURE Lane closure for median maintenance shall be limited. Upon proper placement of the lane closed signs, pre-warning signs, arrow boards, traffic cones fonn the existing soil grade. The area to receive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Two inehes must be applied to replenish the mulch twice a year, during November and during May. K. IRRIGATION SYSTEMS The irrigation systems shall be checked and repaired as necessary. Each zone shall be manually turned on at the valve once a week and a thorough inspection condueted to ascertain proper operations of the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure proper operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or replacement of risers, repair of minor PVC piping breaks or subsurface piping or restricted sprinkler lines, replaeernent of damaged valve boxes/lids and adjustment of controller and rain shut off switches for settings and operations. Where required, the Developer shall maintain on site reclaimed water irrigation signage. SUBSURFACE IRRIGATION SYSTEMS: No exeavation or mechanieal metal edging around plant beds shall be done within the Right-of-way. Mechanical metal blade edging is pennitted along the back of curbing. Weekly Service Requirements: I. A visual inspection of the subsurface irrigation systems shall be performed weekly to determine if the systems are functioning normally and if euts, leaks, piping damage, flooded areas exist, and repair as necessary. This shall also include review and re-setting of the controller and in-ground moisture sensor 40f8 Agenda Item No. 1687 July 27, 2004 Page 10 of 14 adjustments or other rain sensing devices as needed. 2. System Computer/ Controller a. Operate, adjust. and set eontroller to provide proper operation of the systems. b. Diagnose and repair eleetrical and mechanical malfunctions. c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings. d. Operate controller on automatic, manual and single trip operation. e. Monitor controller standby battery backup and replace as required. 3. Automatic Control Assemblies and Quick Coupling Valves a. Review control valve assembly and by-pass system for proper settings. b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks; pressure gauge operation; proper settings and are clean of debris or muleh. 4. Pump Sites a. Inspect for proper operations. b. The Developer shall record and provide to the County's representative the well water flow meter readings for the two well locations on the General Maintenance Report Sheets. 5. Review system water source connections to include water meters, backflow preventers, gate valve points of connection and main lines for proper operation. Monthly Service Requirements: 1. Automatic Control Valve Assembly a. Manually operate valves, and clean valve assembly filters. 2. Backflow Assembly a. Review assembly for proper operation and clean filter as needed. 3. Quick Coupling Valves a. Review boxes and operate valve. 4. Pump Sites a. Once a month, the Developer will trouble shoot each pump station, checking amperage draw and document the results for future reference. b. Manually run the system to ensure proper coverage and that no sprinkler head and nozzle are spraying onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to ensure proper coverage. c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for 50f8 Agenda Item No. 1687 July 27, 2004 Page 11 of 14 future reference. d. The Developer will clean the strainers filters and inspect them for wear at the Pump Station. 5. Manually run the system with open flush caps and review sprinkler head indicators located at the end of zones. 6. Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at the end of zones where present to determine the system and porous piping is funetioning properly. 7. Check, analyze and adjust flow eontrol devices as required. Quarterly Service Requirements: 1. Review all subsurface system piping, valve assemblies, wiring, moisture sensors and controllers for overall operation and provide adjustments as required to assure proper operation and irrigation application. Conventional Pop-up Irrigation Systems: Weekly Service Requirements: I. Eaeh median zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair system for any blown-off heads, broken lines or leaks around heads or valves. 3. Check the controller and rain sensing devices for proper operation and settings. 4. The Developer shall further adjust all sprinkler heads tgo ensure that all landscaped areas receive one hundred percent (100%) irrigation coverage. 5. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found eorrect the problern. Monthly Service Requirements: 1. Manually run the system, clean and adjust sprinkler heads/nozzles and concrete donuts as neeessary to ensure proper eoverage and that there are no sprinkler heads/nozzles spraying directly onto the roadway. a. Eaeh median and side right-of-way zone shall be manually turned on at the valve to ascertain proper operation of the system. b. Repair system for any blown-off head, broken lines or leaks around heads or valves. c. Check the controllers and rain sensors for proper operation and settings. 60f8 Agenda Item No. 1687 July 27,2004 Page 12 of 14 d. The Developer shall further adjust all sprinkler heads to ensure that alllandseaped areas receive one hundred percent (100%) irrigation coverage. e. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correet the problem. General Service Requirements for Irrigation Systems: 1. Should South Florida Water Management District or other governing agency establish water restrictions, the irrigation systems shall be inspeeted and all other controllers set to the mandated hours of operation set by the District or Ageney. Subsurface systems are exempt from water restrictions. 2. Replace defective heads or nozzles, install or replace defective risers and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxesllids if caused by the Maintenance Developer. 4. Inspect, clean, and replace, if necessary, screen/filters within the sprinkler heads. 5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds are to be kept two inches (2") above finished mulch. 6. One hundred percent (100%) irrigation coverage shall be maintained within all irrigated landscaped areas while this Contract is in effect. 7. Notification to the County's representative is required when acts of vandalism or accidents have oecurred to the irrigation system. Photos shall be taken and provided to the County's representative at no added cost. Miscellaneous Irrigation Maintenance Responsibilities: 1. Should the temperature be forecast to be below thirty-four (34) degrees, the Developer shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Developer's responsibility to notify the County's representative of any irrigation problems or additional irrigation maintenance needs. 3. The irrigation service personnel must trouble shoot time clocks, i.e. power-in 110 volt and 24-volt fuses, 24 volts output when necessary. 4. The irrigation services persOIUlel must trouble shoot any pump start relay, main fuses and capacitors when necessary. H. BRICK P AVERS All median brick paving shall be pressure cleaned twice per year, in 70f8 Agenda Item No. 1687 July 27, 2004 Page 13 of 14 April and November, to remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas, the developers shall clean-up debris if present, and or flag off the areas with protective barriers and/or high visibility hazard tape. Damaged areas must be repaired as quickly as possible. I. PEST CONTROL Trees, Palms, Shrubs, Groundcovers, and Sod must be closely monitored for pests and diseases and must be treated appropriately by a licensed Pest Control Operator approved by the Counry-'s representative. 8of8 Agenda Item No. 16B7 July 27, 2004 Page 14 of 14 ,- EXECUTIVE SUlVllVlARY Recommendation to approve exemptions and variances to the Land Development Code OBJECTIVE: To seek Board approval for a LDC exemption for Center Point Community Church, a LDC variance for Carson Lakes Phase II. and a LDC variance for Na.')CI' Medical Office and accept a "payment in lieu of' construction. CONSIDERATION: Center Point Community Church (June 22, 2004, Public Petition Agenda Item 6D-SDP. AR-4646) seeks an exemption to the Land Development Code for the installation of a sidewalk on 66111 Street and the required "payment in lieu of' for the sidewalk on Golden Gate Parkway. When this project was originally constructed. had the Land Development Code been followed, the sidewalks would have been constructed and be in place. The Developer is currently amending their Sile Development Plan (SOP) and increasing their air-conditioned space by two hundred square feel. Due to the minimal size of this SOP amendment and the County, a.,> part of the Golden Gate Parkway Road improvement project will install sidewalks on Golden Gate Parkway, slaff recommends that the petitioner receive a Land Development Code (LDC) exemption by waving the LDC requirement for constructing a sidewalk on 66111 Street and waiving the LDC requirement for "payment in lieu or' for the sidewalk on Golden Gate Parkway. - Carson Lakes, Phase 11, Immokalee (June 22. 2004, Public Petition Agenda Item 6E. PPL-AR-1433) seeks a variance to the Land Development Code due to the Developer's construction and engineer's oversight errors wherein a four (4) foot wide sidewalk was constructed rather than the approved plan which showed the required five (5) foot-wide sidewalk.. Staff recommends that the LDC variance be granted for this low income Habitat for Humanity project. Naser Medical Oftice- SDP-AR-2786 The developer requests a variance to the Land Development Code. When the Developer submitted plans for County approval. the LDC requirements were met however the Developer's project was built to his property line and the required sidewalk wa.~ placed on private property not owned by the Developer. The Developer stated to County staff that the private property owner had agreed to allow use of his property for the sidewalk. The Developer, following completion of his project, indicated that the pri vate property owner changed his mind and would not allow construction of the sidewalk on his property. The Developer requests to "pay in lieu" of building the required sidewalk. Staff, in the future. will require Developers to provide written documentation of stated agreements and recommends "payment in lieu of' in the amount of $7,232.50. FISCAL IMPAct: "Payments in lieu of' fund~ are to be deposited in Gas Tax Fund 313 Pathways Program. The project number is 690811. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve a LDC exemption for Center Point Community Church SDP-AR-4646. approve a LDC variance for Carson Lakes Phase II PPL-AR.1433, and approve a LDC variance for Naser Medical Office SDP-AR-2786 and accept a "payment in lieu of' in the amount of $7232.50. .- Agenda Item No. 1688 July 27,2004 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16B8 Item Summary Recommendation to approve exemptions and variances to the Land Development Code Meeting Date 7/27/20049:00:00 AM Prepared By Pamela J. Lulich Project Manager 7/9/200410:59:57 AM Transportion Services Traffic Operations! A TM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 7/12/20044:53 PM Approved By Lisa Taylor ManagementJBudget Analyst Date Transportion Services Transportation Administration 7/13/200411:35AM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 7/14/200412:07 PM Approved By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/14!2004 12:18 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 7/14/20042:53 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/15/20043:41 PM Approved By James V. Mudd County Manager Date Soard of County Commissioners County Manager's Office 7/19/20044:12 PM Approved By Diane B. Flagg Traffic Operations and Alt Trans Modes Director Date Transportion Services Traffic Operations/ ATM 7/912004 11: 59 AM Agenda Item No. 1688 July 27, 2004 Page 2 of 2 ,.....--. EXECUTIVE SUMMARY Recommendation to the Board to approve, sign and execute an Agreement between Collier County and the Commission for the Transportation Disadvantaged for funds in the amount of $428,549.20 for the provision of transportation for qualified Medicaid recipients OBJECTIVE: To acquire Board approval to execute an agreement between Collier County and the Commission for the Transportation Disadvantaged for the provision of transportation services for qualified Medicaid recipients. --- CONSIDERATION: This year, the State Legislators approved an $11 million reduction in the Medicaid transportation funding. This reduction initiated a partnership between the Agency on Health Care Administration and the Commission for the Transportation Disadvantaged. The Commission for the Transportation Disadvantaged is now the Manager of the Medicaid non- emergency transportation program. The Community Transportation Coordinator's are serving as the local gatekeepers for each service area. With more local control over the program, the Community Transportation Coordinator can enforce more stringent eligibility screenings and require more fixed route usage of the Collier Area Transit system when appropriate. These measures would assist the Community Transportation Coordinator in provision of service with a reduced budget. The amount of funding allocated to Collier County is consistent with past Medicaid allocations and will cover the costs for the Non-Emergency Medicaid Transportation. As the Community Transportation Coordinator for Collier County, the Board of County Commissioners must enter into a contract with the Commission for the Transportation Disadvantaged for the provision of the Medicaid non-emergency transportation services. FISCAL IMPACT: The contract allocates funds to Collier County in the amount of $428,549.20 for the provision of Medicaid Non-Emergency Transportation for Ten (10) months. The County will receive $42,854.92 monthly for ten (10) months. A budget amendment for $428,549.20 is needed to receive these funds in Fund 126-138330. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board approve the execution of the agreement between Collier County and the Commission for the Transportation Disadvantaged and approve the necessary budget amendments. -- Agenda Item No. 1689 July 27,2004 Page 1 of 53 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1689 Recommendation to the Board to approve. sign and execute an Agreement between Collier County and the Commission for the Transportation Disadvantaged for funds in the amount of $428,549.20 for the provision of transportation for qualified Medicaid recipients 7/27/20049:00:00 AM Prepared By Jill M. Brown Transportion Services Public Transportation Planner 7112120049:18:42 AM Approved By Traffic Operationsl ATM Lisa Hendrickson Transportion Services Management/Budget Analyst Date Traffic Operationsl A TM 7113120048:26 AM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Date Transportation Services Admin. 7113120049:43 AM A pproved By Jill M. Brown Transportion Services Public Transportation Planner Date Traffic Operationsl A TM 7113/20049:45 AM Approved By Lisa Taylor Transportion Services Management/Budget Analyst Date Transportation Administration 7/14120044:24 PM Approved By Diane B. Flagg Transportion Services Traffic Operations and Alt Trans Modes Director Date Traffic Operationsl ATM 7/14120045:36 PM Approved By Diane Perryman Transportion Services Executive Secretary Date Transportation Services Admin. 7/15/20044:11 PM Approved By David C. Weigel County Attorney County Attorney Date County Attorney Office 7/21120044:27 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/21/20045:07 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County M.3nager's Office Agenda 11~~@p'41~I!t9PM Julv 27 2004 P8ge 2 of 53 STATE OF FLORIDA COMMISSION FOR TIm TRANSPORT A nON DISADVANTAGED DRAFT SERVICE AGREEMENT SUBCONTRACTED TRANSPORTATION PROVIDER SERVICE AGREEMENT MEDICAID NON-EMERGENCY TRANSPORTATION Agreement No.: Financial Project 1.0.: F.E.I.D. No.: D.M.S. Catalog Class No.: BY THIS AGREEMENT, made and entered into this day of , by and between the Commission for the Transportation Disadvantaged, hereinafter called "Commission" and .hereinafter called .Subcontracted Transportation Provider." SERVICES AND PERFORMANCE A. In connection with the delivery of Medicaid Non-Emergency Transportation Services, the Commission does hereby retain the Subcontracted Transportation Provider to furnish certain services, information, and items as described in Exhibits A and B and Attachments, attached hereto and made a part hereof. 8. All plans, maps, computer files, and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, shall become the property of the Commission upon completion or termination without restriction or limitation on their use and shall be made available, upon request, to the Commission at any time during the performance and upon completion or termination of this Agreement. Upon delivery to the Commission of said document(s), the Commission shall become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Subcontracted Transportation Provider shall not copyright any material and products or patent any invention developed under this Agreement. The Commission shall have the right to visit the site for inspection of the work and the products of the Subcontracted Transportation Provider at any time. C. The Subcontracted Transportation Provider agrees to provide reports in a format acceptable to the Commission and at intervals established by the Commission. The Commission shall be entitled at all times to be advised, at its request, as to the status of work being done by the Subcontracted Transportation Provider and of the details thereof. Coordination shall be maintained by the Subcontracted Transportation Provider with representatives of the Commission, or of other agencies interested in the project on behalf of the Commission. Either party to the Agreement may request and be granted a conference. D. All services shall be performed by the Subcontracted Transportation Provider to the satisfaction of the Commission's Executive Director who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of the Agreement, the prosecution and fulfillment of the services hereunder and the character, quality, amount of values thereof, and the decision upon all claims, questions and disputes shall be final and binding upon the parties hereto. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable as the work progresses sh~1I be subject to mutual agreement of the parties, and Amendment Agreement(s) of such a nature as required shall be entered into by the parties in accordance herewith. 2. TERM A. INITIAL TERM. This Agreement shall begin on Seotember 1. 2004 and shall remain in full force and effect through completion of all services required or June 30. 2005 . whichever occurs first. 8. RENEWALS: ,This Agreement may be renewed for a period that may not exceed three (3) years or the term of the original contract, whichever period is longer. Renewals shall be contingent upon satlsfactOI)' performance evaluations by the Commission and subject to the availability of funds. Any renewal or extension shall be In writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. C. EXTENSIONS. In the event that circumstances arise which make performance by the Subcontracted Transportation Provider impracticable or impossible within the time allowed or which prevent a new contract from being executed, the Commission, in its discretion, may grant an extension of this Agreement. Extension of this Agreement shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in this Agreement; provided the Commission may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established herein. There shall be only one extension of this Agreement unless the failure to meet the criteria set forth In this Agreement for completion of this Agreement is due to events beyond the control of the Subcontracted Transportation Provider. It shall be the responsibility of the Subcontracted Transportation Provider to ensure at all times that sufficient time remains in the Project Schedule within which to complete the required services. In the event there have Agenda Item No. 1689 July 27, 2004 Page 3 of 53 :"Ion-Emergency Medicaid Transportation Page 1 of 51 Form Rev. 6/23/04 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED DRAFT SERVICE AGREEMENT been delays which would affect the project completion date, the Subcontracted Transportation Provider shall submit a written request to the Commission which identifies the reason(s) for the delay and the amount of time related to each reason. The Commission shall review the request and make a determination as to granting all or part of the requested extension. 3. COMPENSATION AND PAYMENT A. Payment shall not be made until funds from Agency for Health Care Administration have been received and deposited by the Commission. Payment shall be made only after receipt and approval of goods and services. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof B. If this Agreement Involves units of dellverables, then such units must be received and accepted in writing by the Commission's Contract Manager prior to payments. C. The Subcontracted Transportation Provider providing goods and services to the Commission should be aware of the foliowing time frames. Upon receipt, the Commission has five (5) working days to inspect and approve the goods and services, unless otherwise specified herein. The Commission has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. D. If a payment is not available within 40 days, pursuant to Section 215.422(3)(b), F.S., a separate interest penalty as established pursuant to Section 55.03, Florida Statutes, shall be due and payable, In addition to the Invoice amount, to the Subcontracted Transportation Provider. Invoices which have to be retumed to a Subcontracted Transportation Provider because of Subcontracted Transportation Provider preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until payment for Agency for Health Care Administration has been received by the Commission and until a properly completed invoice is provided to the Commission. E. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems In obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling 1-800-848-3792. F. Records of costs Incurred under terms of this Agreement shall be maintained and made available upon request to the Commission at all times during the period of this Agreement and for five (5) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be fumished to the Commission upon request. Records of costs incurred shall include the Subcontracted Transportation Provider's general accounting records and the project records, together with supporting documents and records, of the Subcontracted Transportation Provider and all subcontractors performing work, as provided in Exhibit A, the Scope of Work and all other records of the Subcontracted Transportation Provider and subcontractors considered necessary by the Commission for a proper audit of project costs. G. The Commission, during any fiscal year, shall not expend money, Incur any liability, or enter into any contract which, by its terms. involves the expenditure of money In excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Commission shall require a statement from the Comptroller of the Department of Transportation that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shail be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 4. INDEMNITY. PAYMENT FOR CLAIMS AND INSURANCE A. INDEMNITY: To the extent allowed by Section 768.28, Florida Statutes, and without waiving any defense of sovereign immunity or increasing limits of liability as set out in that statute, the Subcontracted Transportation Provider shall Indemnify and hold harmless the Commission, the Department of Transportation and the Agency for Health Care Administration, their officers and employees from liabilities, damages losses and costs, including but not limited to, reasonable attomey's fees, to the extent that such liabilities, damages, losses and cost are a result of the nagligence, recklessness, or intentional wrongful misconduct of the Subcontracted Transportation Provider and persons employed by or utilized by the Subcontracted Transportation Provider in the performance of this Agreement. B. PAYMENT FOR CLAIMS: The Subcontrected Transportation Provider guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Subcontracted Transportation Provider or any subcontractor, in connection with the Agreement. The Commission's final acceptance and payment does not release the Subcontracted Transportation Provider's responsibilities until all such claims are paid or released. C. LIABILITY INSURANCE: The Subcontracted Transportation Provider shall carry and keep In force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized Non-Emergency Medicaid Transportation Page 2 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 4 of 53 STATE OF FLORIDA COMMISSION FOR mE TRANSPORT A nON DISADVANTAGED DRAFT SERVICE AGREEMENT to do business in Florida, affording public liability insurance in accordance with Rule Chapter 41-2.006, Florida Administrative Code. If the Subcontracted Transportation Provider is a political subdivision of the State of Florida and is self-insured in accordance with the terms and provisions of Section 768.28, Florida Statutes regarding waiver of sovereign immunity in tort actions, the Subcontracted Transportation Provider shall provide to the Commission a Certificate of Self-Insurance upon execution of this Agreement. D. WORKERS' COMPENSATION. The Subcontracted Transportation Provider shall carry and keep in force Workers' Compensation Insurance as required for the State of Florida under the Worker's Compensation Law during the term of this Agreement. E. CERTIFICATION. With respect to any insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Subcontracted Transportation Provider shall provide to the Commission certificates showing the required coverage to be in effect and showing the Commission to be an additional ce.1ificate holder. Such policies shall provide that the insurance is not cancelable except upon thirty (30) days prior written notice to the Commission. 5. COMPLIANCE WITH LAWS A. The Subcontracted Transportation Provider shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Subcontracted Transportation Provider in conjunction with this Agreement. Failure by the Subcontracted Transportation Provider to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Commission. B. The Subcontracted Transportation Provider shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age, or disability In the performance of work under this Agreement. C. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Vendor list. D. An entity or affiliate who has been placed on the discriminatory Vendor list may not submit a bid on a contract to provide any goods or services to a publiC entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. E. The Commission shall consider the employment by any Subcontracted Transportation Provider of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationality Act. If the Subcontracted Transportation Provider knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 6. TERMINATION AND DEFAULT A. The Commission may cancel this agreement with thirty (30) calendar days written notice, without cause, in whole or in part at any time the interest of the Commission requires such termination. The Commission reserves the right to terminate or cancel this Agreement with thirty (30) calendar days written notice in the event an assignment be made for the benefit of creditors. B. The Subcontracted Transportation Provider may cancel this agreement with thirty (30) calendar days written notice, without cause, in whole or in part at any time the interest of the Subcontracted Transportation Provider requires such termination. B. If the Commission determines that the performance of the Subcontracted Transportation Provider is not satisfactory, the Commission shall have the option of (a) terminating the Agreement with at least thirty (30) calendar days written notice, or (b) notifying the Subcontracted Transportation Provider of the deficiency with a requirement that the deficiency be corrected within a specified time, othelWise the Agreement will be terminated at the end of such time, as long as the time period is at least thirty (30) calendar days. C. If the Commission requires termination of the Agreement for reasons other than unsatisfactory performance of the Subcontracted Transportation Provider, the Commission shall notify the Subcontracted Transportation Provider of such termination with at least thirty (30) calendar days written notice, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the Subcontracted Transportation Provider shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress shall Non-Emergency Medicaid Transportation Page 3 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27,2004 Page 5 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED DRAFf SERVICE AGREEMENT become the property of the Commission and shall be turned over promptly by the Subcontracted Transportation Provider. 7. ASSIGNMENT AND TRANSFER A. The Subcontracted Transportation Provider shall maintain an adequate and competent staff so as to enable Subcontracted Transportation Provider to timely perform under this Agreement and may associate with it such subcontractors, for the purpose of its services hereunder, without additional cost to the Commission, other than those costs within the limits and terms of this Agreement. The Subcontracted Transportation Provider is fully responsible for satisfactory completion of all subcontracted work. The Subcontracted Transportation Provider, however, shall not assign or transfer any work under this Agreement without the prior written consent of the Commission. 8. CONTRACT AMOUNT AND PAYMENT A. For the setisfactory performance of the services and the submittal of Encounter Data as outlined in Exhibit A Scope of Services, the Subcontracted Transportation Provider shall be paid up to a maximum amount of $ . The Subcontracted Transportation Provider shall submit monthly invoices (3 copies) in a format acceptable to the Commission The Subcontracted Transportation Provider will be paid, after the Commission has received payment from Agency for Health Care Administration, in equal payments per month, unless otherwise approved by the Commission's Executive Director. The Subcontracted Transportation Provider shall request payment through submission of a properly completed invoice to the Commission's Executive Director, in accordance with Exhibit B, Method of Compensation. B. The Subcontracted Transportation Provider must submit the final invoice for payment to the Commission no more than ninety (90) days after the Contract ends or is terminated. If the Subcontracted Transportation Provider fails to do so, all right to payment Is forfeited and the Commission will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this Contract may be withheld until all reports due from the Subcontracted Transportation Provider and necessary adjustments thereto have been approved by the Commission. C. The State of Florida's (Commission's) performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature and nothing herein shall be construed to violate the provisions of Section 339.135(6)(a), Florida Statutes, which provides the Commission, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fIScal year. Any contract, verbal or written, made in violation is null and void and no money may be paid on such contract. 9. MISCELlANEOUS A. The Subcontracted Transportation Provider and its employees, agents. representatives, or subcontractors are not employees of the Commission or the State of Florida as a result of this Agreement. The Commission and the State shall not be bound by any unauthorized acts or conduct of the Subcontracted Transportation Provider or its employees, agents, representatives, or subcontractors. Subcontracted Transportation Provider agrees to include this provision in all its subcontracts under this Agreement. B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and Include the singular. All words used In any gender shall extend to and include all genders. C. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. D. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be illegal or in conflict with any law, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. E. This Agreement shall be govemed by and construed in accordance with the laws of the State of Florida. F. In any legal action related to this Agreement, instituted by either party, the Subcontracted Transportation Provider hereby waives any and all privileges and rights it may have under Chapter 47 and Section 337.19, Florida Statutes, relating to venue, as it now exists or may hereafter be amended, and any and all such privileges and rights it may have under any other statute, rule, or case law relative to venue, including, but not limited to those grounded on convenience. Any such legal action may be brought in the appropriate Court in any county chosen by the Commission and in the event that any such legal action is filed by Subcontracted Transportation Provider, Subcontracted Transportation Provider hereby consents to the transfer of venue to the county chosen by the Commission upon the Commission filing a motion requesting the same. G. Time is of the essence as to each and every obligation under this Agreement. Non-Emergency Medicaid Transportation Page 4 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 6 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORT A nON DISADVANTAGED DRAFT SERVICE AGREEMENT H. The following attachments are incorporated and made a part of this agreement: Exhibit A - Scope of SelVices Exhibit B - Method of Compensation Attachment 1 - Certification Regarding Health Insurance Portability and Accountability Act of 1996 Compliance Attachment 2 - Drug-Free Workplace Certification Attachment 3 - Financial and Compliance Audit Attachment 4 - Glossary IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized offICers on the day, month and year set forth above. Subcontracted Transportation Provider COMMISSION FOR THE TRANSPORTATION DISADVANTAGED By: By: Authorized Signature (PrintlType) (PrintlType) Title: Title: Non-Emergency Medicaid Transportation Page 5 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 7 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED DRAFT SERVICE AGREEMENT Exhibit A SCOPE OF SERVICES This Exhibit forms an intergral part of the Contractual Service Agreement, dated by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED and A. Services to be Provided: 1. General The Florida Commission for the Transportation Disadvantaged (Commission) enters into this contract with the Subcontracted Transportation Provider to give the Subcontracted Transportation Provider responsibility for the administration and provision of non-emergency transportation (NET) services to eligible Medicaid beneficiaries. The Subcontracted Transportation Provider shall comply with all the provisions of this contract and its amendments, if any, and shall act in good faith in the performance of the contract provisions. The Subcontracted Transportation Provider agrees to comply with all applicable federal and state laws and regulations as specified in the Applicable Laws and Regulations Section. The Subcontracted Transportation Provider must ensure that all transportation operators under agreement or contract abide by the provisions of this contract, and meet all state and local licensing and insurance requirements. The contract may be subject to changes in federal and state law, rules or regulations. The Subcontracted Transportation Provider agrees that failure to comply with the provisions of this contract may result in sanctions and/or termination of the contract in whole or in part. The Subcontracted Transportation Provider must offer, maintain, and satisfactorily deliver the following services: a. Recruiting and Negotiating with Transportation operators, if applicable: establish a network of non-emergency transportation operators to deliver transportation and negotiate individual transportation rates with each transportation provider. b. Payment Administration: Provide payment to each transportation provider based on authorized services rendered, in accordance with section 215.422, Florida Statutes. c. Gatekeeping: Determine beneficiary eligibility; assess beneficiary need for NET services: determine the most appropriate transportation method to meet the beneficiary's need, induding any special transport requirements for beneficiaries who are medically fragile or who have physical or mental impairments: and provide education to beneficiaries on the use of NET services as stated in the Gatekeeper Policy. d. Reservations and Trip Assignments: Assure that scheduling and dispatching are consistent with the most appropriate mode of transport that meets the needs of the beneficiary. e. Quality Assurance: Provide assurance that transportation operators meet health and safety standards for vehicle maintenance, operation, and inspection: driver qualifications and training; beneficiary problem/complaint resolution; and the delivery of courteous, safe, and timely transportation services. Non-Emergency Medicaid Transportation Page 6 of 51 Form Rev. 6/23/04 Agenda Item No. 16B9 July 27, 2004 Page 8 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORT A nON DISADVANTAGED DRAFf SERVICE AGREEMENT f. Encounter Data Collection: The Subcontracted Transportation Provider must maintain an extensive secure database capable of collecting and holding, for each transport. the data elements outlined in this contract. g. Administrative Oversight/Reporting: Responsibility for the management of overall day-ta-day operations necessary for the delivery of NET services and the maintenance of appropriate records and systems of accountability to report to the Commission and respond to the tenns of the contract. 2. Minimum Standards At a minimum, the Subcontracted Transportation Provider must: a. Validate that all paid transportation services are properly authorized and actually rendered; b. Transmit to the Commission encounter data for all trips made by Medicaid beneficiaries in accordance with Commission specifications in the Reports Section; c. Adhere to the policy and procedure manual developed by the Commission to prohibit fraudulent activity by the Subcontracted Transportation Providers and Medicaid beneficiaries and fulfill the Commission's reporting requirements regarding such activity; d. Adhere to the policy and procedure manual that provides policy clarity and guidance for the Commission, Subcontracted Transportation Provider, transportation operators, Medicaid beneficiaries, and the general public specific to the details contained in this contract; e. Subject to the provisions of Section 768.28, F.S., indemnify the Commission against any causes of actions or claims of payment relating to this contract brought by a Subcontracted Transportation Provider, or Medicaid beneficiary; f. Utilize a unifonn contracting, billing and accounting system established by the Commission to include subcontracts with transportation operators and monitor their compliance; and g. Establish service agreements with transportation operators, as necessary, and monitor their compliance with the Monitoring Plan Section, and all other applicable sections of this contract. 3. Administration and Management The Subcontracted Transportation Provider shall be responsible for the administration and management of all aspects of this contract. Any delegation of activities does not relieve the Subcontracted Transportation Provider of this responsibility. This includes all subcontracts, employees, agents and anyone acting for or on behalf of the Subcontracted Transportation Provider. 4. Data Management The Subcontracted Transportation Provider must maintain a management information system (extensive database) for storage of transportation utilization, encounter, complaint/grievance, and financial data. The Subcontracted Transportation Provider must possess the capability to derive detailed roports from such systems and be capable of retrieving data as requested by the Commission as specified the Reports Section. 5. Staff Requirements The Subcontracted Transportation Provider must be prepared to implement all aspects of the work outlined in this contract within the stated time frames. Staffing levels must be sufficient to complete all of the responsibilities presented in the contract. Non-Emergency Medicaid Transportation Page 7 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 9 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED DRAFf SERVICE AGREEME!I;i 6. Beneficiary Eligibility 6.1 Eligible Beneficiaries The categories of eligible beneficiaries authorized to utilize transportation services as specified by this contract include: a. Low Income Families and Children; b. Foster Care Children; c. Sixth Omnibus Budget Reconciliation Act (SOBRA) Children and Pregnant Women; d. Supplemental Security Income (SSI) Related Medicaid Beneficiaries; e. Institutional Care Program (ICP) Residents - Beneficiaries who are eligible for transportation services for placement in a facility while their eligibility determination is being processed (e.g., nursing home residents, etc.); f. Title XXI MediKids - A Title XXI health insurance program that provides certain children. who are not Medicaid eligible, with Medicaid benefits; g. Medically Needy - A Medically Needy beneficiary is an individual who would qualify for Medicaid but has income or resources that exceed normal Medicaid guidelines. On a month-by-month basis, the individual's medical expenses are subtracted from income; if the remainder falls below Medicaid's income limits, the individual may qualify for Medicaid through the end of the month; h. Presumptively Eligible Pregnant Women - This program allows staff at County Health Departments, Regional Perinatal Intensive Care Centers, and other qualified medical facilities to make a presumptive determination of Medicaid eligibility for low-income pregnant women. This presumptive determination allows a woman to access prenatal care while Department of Children and Families eligibility staff make a regular determination of eligibility. Outpatient or office services related to the pregnancy are reimbursed by this program; transportation services are available to support these visits; and i. Family Planning Waiver (FP) - The family planning waiver extends eligibility for family planning services for twenty-four (24) months to postpartum women who have lost Medicaid eligibility. Extended eligibility is for family planning services only induding transportation. 6.2 Ineligible Beneficiaries The following categories describe beneficiaries who are not eligible to receive state plan transportation services: a. HMO beneficiaries - Beneficiaries who are members of a Medicaid HMO that provides transportation; b. Beneficiaries who have their own means of transportation; c. 011 and 012 beneficiaries are not eligible for any Medicaid service except for Medicaid payment of their Medicare premiums, deductibles and coinsurance; d. HMO OMB and QMBR beneficiaries are not eligible for any Medicaid service except for Medicaid payment of their Medicare premiums. deductibles and coinsurance; e. HMO SLMB beneficiaries are not eligible for any Medicaid service except for Medicaid payment of their Part B Medicare premium; Non-Emergency Medicaid Transportation Page 8 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 10 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORT AnON DISADVANTAGED DRAFT SERVICE AGREEMENT f. HMO Beneficiaries with legal alien status have access to emergency services only and are not eligible for non-emergency transportation services; g. Vehicle ownership or access; h. Qualified (Medicare) Individuals Level 1 (QI1) and Level 2 (QI2); Qualified Medicare Beneficiaries (QMB) and Qualified Medicare Beneficiaries Renal Dialysis (QMBR); j. Special Low Income Medicare Beneficiaries (SLMB); and k. Legal Aliens i. 6.3 Beneficiary Enrollment and Education Once the Department of Children and Families or the Social Security Administration has confirmed that an individual is eligible for Medicaid, the individual upon enrollment shall be issued a Medicaid identification number. The date on which the individual becomes eligible for Medicaid is the beginning date of eligibility for transportation services for individuals that meet the specifications outlined in Eligible Beneficiaries Section. The beneficiary may arrange transportation services with the Subcontracted Transportation Provider upon enrollment. 6.4 Education Plan The Subcontracted Transportation Provider will assist in implementing the education and outreach plan for Medicaid beneficiaries, regarding NET services. The education and outreach plan, at a minimum, will include: · Subcontracted transportation provider contact information; · Directions on use of NET services offered by the Subcontracted Transportation Provider or its Subcontracted Transportation Providers; · Medicaid beneficiaries' rights and responsibilities for use of NET services; and · Medicaid beneficiaries' complaint and grievance/fair hearing procedures. The Subcontracted Transportation Provider will provide notification to transportation eligible beneficiaries and make oral interpretation services available to beneficiaries, free of charge, in areas where twenty (20) percent or more of the population is non-English speaking. The beneficiary is not to be charged for interpretation services. The Subcontracted Transportation Provider shall notify beneficiaries that oral interpretation is available for any language and written information is available in prevalent languages, and how to access those services. Written material must be available in alternative formats and in an appropriate manner that takes into consideration the special needs of those who. for example, are visually limited or have limited reading proficiency. All transportation eligible beneficiaries must be informed that information is available in altemative formats and how to access those formats. All correspondence developed by the Subcontracted Transportation Provider, intended for Medicaid beneficiaries only and sent via mass mail out, must be submitted to the Commission prior to mailing. 7 Covered Services Non-Emergency Medicaid Transportation Page 9 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 11 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED DRAYI' SERVICE AGREEMENT In accordance with federal regulations (42 CFR 431.53), NET services are defined as medically necessary transportation for any recipient and personal care attendant/escort, if required, who have no other means of transportation available to any Medicaid compensable service for the purpose of receiving treatment, medical evaluation, or therapy. Non-emergency transportation services must be provided to eligible Medicaid recipients for Medicaid compensable medical appointments by utilization of the modes of transportation specified in the sections below. 7.1 Multlload Vehicles A multiload vehicle is a multiple passenger vehicle, typically used for NET services. It is appropriate only for ambulatory or non-ambulatory persons who can enter and exit a vehide with minimal to no assistance. Assistance means that additional equipment and time are required. Multiload vehicles may indude buses, vans, sedans and taxis. 7.2 Wheelchair Vehicle A wheelchair vehicle is a motorized vehicle equipped specifically with certified wheelchair lifts or other equipment designed to carry persons in wheelchairs and scooters, or with mobility impairments. Wheelchair vehicles may be used for the provision of ambulatory transportation services to maximize capacity. Wheelchair services can only be used in non-emergency situations and are limited to use by: · Beneficiaries who can sit upright and have no acute medical problems that require them to remain in a lying position; · Beneficiaries who are continually confined to a wheelchair, · Beneficiaries with severe mobility handicaps that prevent them from using private, pUblic or taxi transportation; · Beneficiaries who are semi-ambulatory or homebound, and can accomplish limited ambulatory movement with the assistance of a special ambulatory aid (like a walker or cane); or · Beneficiaries who use a mobility device. In questionable cases, the need for transport by a wheelchair vehicle may require verification or documentation by a medical professional. 7.3 Stretcher Vehicle , A stretcher vehicle is an enclosed vehide that accommodates a litter and is equipped with locking devices to secure the litter during transit. Stretcher service is required for beneficiaries who are non-ambulatory and need assistance to be transported to and from the vehide and the health care provider in a reclining position. No flashing lights, sirens, or emergency equipment are required. Stretcher services can only be provided in non- emergency situations and are limited to use by: · Beneficiaries who need to remain in a lying position but do not require the administration of life support; Non-Emergency Medicaid Transportation Page 10 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 12 of 53 Sr ATE OF FLORIDA COMMISSION FOR TIIE TRANSPORT A nON DrsADv ANT AGED DRAFf SERVICE AGREEMENT . Beneficiaries who have severe mobility disabilities that render them unable to sit in an upright position for prolonged periods of time; or . Beneficiaries who have begun self-administered home oxygen prior to transport may continue administration during transport. However, no new regimen of oxygen therapy may be started during transport, nor may the attendant employed by the transportation service administer oxygen. In questionable cases, the need for transport by a stretcher vehicle may require verification or documentation by a medical professional. 7.4 Public Transportation In some areas of Florida, public transportation may be a viable and cost-effective alternative to more traditional and expensive forms of non-emergency transportation available to the Subcontracted Transportation Provider. Public transportation is transportation available, through the payment of a rider fee, to the general public. Public transportation may be provided by transit companies, county or city governments or federally funded transportation authorities. This type of transportation may be used to provide a full trip or portion of a trip to or from a health care service. 7.5 Over-the-Road Bus An over-the-road bus is traditionally used to traverse long distances such as cross-county and cross-state travel. 7.6 Private Volunteer Transportation Volunteer travel is provided by individuals or agencies that receive no compensation or payment other than minimal reimbursement for mileage for the provision of these transportation services. The Subcontracted Transportation Provider may arrange transportation with the volunteer or organization directly, including scheduling appointments and notifying beneficiaries of arrangements. Additionally, the Subcontracted Transportation Provider shall be responsible for payment of the minimal mileage of the volunteer transportation. The Subcontracted Transportation Provider may develop volunteer services as part of its responsibility to provide NET services in accordance with the contract. Use of volunteer transportation does not alleviate the Subcontracted Transportation Provider's responsibility to assure the safety, comfort and appropriate mode of transportation consistent with the beneficiary's health care status. The Subcontracted Transportation Provider must ensure that all volunteers and vehicles used to provide volunteer transportation are properly licensed and insured. 7.7 Escort Services An escort is an individual whose presence is required to assist a beneficiary during transport and at the place of treatment. The escort leaves the vehicle at its destination and remains with the beneficiary. An escort must be of an age of legal majority recognized under Florida law. The Subcontracted Transportation Provider must allow, without charge to the escort or beneficiary, one (1) escort to accompany a beneficiary or group of beneficiaries who are blind, deaf, mentally disabled, or under twenty-one (21) years of age, when the beneficiaries are transported to receive Medicaid covered services. 7.8 Commercial Air Carrier Transportation Non-Emergency Medicaid Transportation Page 11 of 51 Form Rev. 6/23/04 Agenda Item No. 16B9 July 27,2004 Page 13 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPOR TA nON DISADVANTAGED DRAFf SERVICE AGREEMENT Commercial air carrier transportation may be provided where appropriate to provide the necessary transportation to eligible Medicaid beneficiaries. If a beneficiary is in need of transportation outside of the state or must be transported a long distance due to the location of specialized medical services, the Subcontracted Transportation Provider shall work directly with the beneficiary and the Commission to determine that such services are not available in the beneficiary's locality and shall schedule the commercial air carrier transport and purchase such services as needed. Prior authorization is required by the Commission for commercial air carrier transportation. The Subcontracted Transportation Provider must provide documented proof to the Commission prior to transport that necessary medical services cannot be obtained within the beneficiary's service area and that commercial air carrier transportation is the only viable option. The Subcontracted Transportation Provider has authority under this contract to deny a request to cover commercial air carrier transport but must submit a written explanation to the Commission of how the beneficiary will be transported and what formed the basis for the denial. The Subcontracted Transportation Provider must follow the procedures in Denial of Service Section, and must notify the beneficiary of his right to appeal as set forth in the Beneficiary Appeals Notice Section. The Subcontracted Transportation Provider may purChase any and all commercial air carrier transports when it is deemed to be the appropriate level of transport for the beneficiary. The Subcontracted Transportation Provider must utilize the commercial air carrier transportation pOlicy established by the Commission that directly defines the policies and procedures for eligibility, payment and selection of the commercial air carrier mode of transportation. 7.9 Special Covered Services The Subcontracted Transportation Provider must authorize and supply transportation for Medicaid beneficiaries when: a. The Agency for Health Care Administration has begun a closure or decertification of a nursing facility and transportation is needed for the Medicaid beneficiary to be transported from one nursing facility to another or to an altemate living arrangement; or b. The Medicaid beneficiary has a change in level of care that results in the facility not being certified or equipped to provide medically required or specialized services and transportation is needed from one nursing facility to another nursing facility. 7.10 Excluded Services The Subcontracted Transportation Provider is not required to ensure the provision of the following excluded services: a. Stretcher Van Oxygen Administration Stretcher van providers are not required to be equipped to provide and administer oxygen to a beneficiary during a transport. Oxygen provided and administered by the beneficiary is appropriate for NET if no other medical equipment or medical care is required en route. Non-Emergency Medicaid Transportation Page 12 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 14 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORT A nON DISADVANTAGED DRAFT SERVICE AGREEMENT Stretcher van providers are also not required to be equipped to maintain a ventilator or care for a beneficiary who is ventilator-dependent during a transport. If a beneficiary has a battery-operated ventilator and an individual who has been trained to provide ventilator care will travel with the beneficiary to a doctor's office or to other medically necessary health care services, the beneficiary is eligible for NET if no other medical equipment or care is required en route. In questionable cases, the need for transport by a stretcher vehide may require verification or documentation by a medical professional. b. Ground Ambulance Transportation NET services do not include ground ambulance transportation unless the ground ambulance is under contract as a stretcher or wheelchair transportation provider as specified in the Wheelchair Van Section, or the Stretcher Van Section. Ground ambulance transportation is also excluded if a local governmental ordinance mandates non-emergency stretcher transportation services be provided in a ground ambulance vehicle. c. Air Ambulance Transportation NET services do not indude air ambulance transportation. d. Basic Life Support (BLS) and Advance Life Support (ALS) Transportation For the purpose of this contract, NET services do not indude the arrangement, coordination or delivery of transportation services for beneficiaries who require the administration of any level of life support services (ALS or BLS) during transport. 7.11 Special Exclusions The Subcontracted Transportation Provider is not responsible for the coverage of: a. The cost of transporting a Medicaid beneficiary back to Florida when that beneficiary has traveled outside of Florida and requires hospitalization and/or subsequent nursing facility care, unless a Medicaid beneficiary has traveled for the purpose of receiving a Medicaid compensable service; b. Transportation for therapeutic home visits to or from a hospital, hospice, nursing home, ICF/DD, state or other private or public institution; c. Transportation of a beneficiary from one hospital to another, one nursing facility to another, or from a hospital to a nursing facility, solely based on the preference of the beneficiary or a member of the beneficiary's family; d. Transportation of deceased Medicaid beneficiaries; e. Transportation of family members to visit a hospitalized or institutionalized Medicaid beneficiary; f. Transportation of a Medicaid beneficiary to receive medical training; g. Transportation of Medicaid beneficiaries to a pharmacy for the purpose of having a prescription filled; h. Transportation of a Medicaid beneficiary to a medical facility or physician's office for the sole purpose of obtaining a medical recommendation or to pick up medical records; Non-Emergency Medicaid TransportationdPage 13 of 51 Form Rev. 6/23/04 Agenda Item No. 16B9 July 27,2004 Pnge 15 of 53 STATE OF FLORIDA COMMISSION FOR TIlE TRANSFOR TA TlON DISADVANTAGED DRAFf SERVlCI! AGREEMENT I. Transportation of a Medicaid beneficiary for socialization and/or therapeutic field visits to locations other than the facility where such services are received; j. Transportation services that are available to the general public free of charge; k. Transportation that is already covered by a per diem rate and included in a corresponding cost report. Transportation services are Included In an ICFIDD's per diem; I. Salaries, fees, or other compensation for professional health care attendants; or m. Transportation of a Medicaid beneficiary to a service covered by a Home and Community-Basad Service (HCBS) waiver and transportation is provided and can be billed to the waiver or is included in the reimbursement for the waiver service. 8. Geogrephlcal Conslderallons The Subcontracted Transportation Provider is responsible for the provision of transportation services to eligible Medicaid beneficiaries to or from a stated point of origin or to or from specific Medicaid compensable services at the request of the benefICiary or person acting on behalf of the beneficiary. Transportation outside the area customarily used for health care services by the beneficiary's immediate community is to be provided only when sufficient medical resources are not available in the area or when a health care provider has referred the beneficiary to medically necessary health care services outside of the Immediate community. The Subcontracted Transportation Provider is responsible for out-of-state NET services to and from health care providers. The Subcontracted Transportetion Provider must utilize the policies and procedures elaborating on how services by ground or air beyond Sixty (60) miles of the Florida State border shall be coordinated and purchased. 8.1 Residence and Closest Medical Facility The Subcontracted Transportation Provider is not responsible for providing transportation when the health care provider is located outside a beneficiary's communityMcinlty if other similar and appropriate health care providers that offer the same or similar services appropriate for the beneficiary's needs and who will accept the beneficiary as a patient are located cioser to the beneficiary's residence. The Subcontracted Transportation Provider may request a wrttten referral signed by the referring medical provider and attesting to the need for travel outside the beneficiary's region of residence. Beneficiaries who are denied NET services must be given a written notice of the reason for denial and appeal rights. See Beneficiary Appeals Notice Seellon. The referral form should be uniform throughout the state and will be subject to approval by the Commission. 9. Subcontracted Transportatlon Provider Minimum Performance Stllndarda The following sections describe the minimum standards required of the Subcontracted Transportation Provider. 9.1 Beneficiary Acceas The Subcontracted Transportation Provider shall: a. Respond to transportation inquiries and requests made by beneficiaries residing in the service area as provided for in this section; NOD~Emera:ency Medicaid Transportadon Page 14 olSI Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 16 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DrsADv ANT AGED DRAFf SERVICE AGREEMENT b. Maintain a business location in the service area or assign a representative whose responsibility is the service area; c. Provide notification to beneficiaries and make oral interpretation services available to beneficiaries, free of charge, in areas where twenty (20) percent or more of the population is non-English speaking; d. Develop written procedures for dealing with beneficiary complaints internally; see Beneficiary Appeals Notice Section: e. Train customer service representatives in the area of dispute resolution; f. Establish and maintain an electronic mail (e-mail) identity; g. Maintain a toll-free telephone access number for scheduling NET specified as follows: Monday through Friday, eight (8) hours a day except nine (9) state holidays: New Year's Day, Martin Luther King's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and the Friday following, and Christmas Day. h. Provide thirty (30) calendar days written notice of any other intended days of closure. i. Provide twenty-four (24) hour toll-free telephone access to information on how to access transportation on holidays, weekends, and after business hours for urgent care, hospital discharge, or incidents beyond the control of the beneficiary or facility. In addition, access must be provided to a beneficiary who has a return pick-up after business hours if agreed to in advance by the Subcontracted Transportation Provider and the beneficiary. j. Provide eligible transportation when trip requests are submitted no less than seventy- two (72) hours in advance. k. Provide adequate staff and telephone lines to allow ninety (90%) percent of all incoming calls, including TTY calls, to be answered within an average of three (3) minutes. A phone answering machine or electronic voice mail may be used when offered as an option to the beneficiary; however, beneficiaries shall be given the option of staying in queue or reaching a staff person. I. Ensure the average queue time for a hearing-impaired system such as Florida Tele- Relay Services or TTY calls shall not exceed three (3) minutes. m. Train staff to operate the hearing-impaired system such as Florida Tele-Relay Services or TTY equipment to ensure service levels similar to non-hearing impaired beneficiaries are met. Non-Emergency Medicaid Transportation Page 15 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27,2004 Page 17 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED DRAFT SERVICE AGREEMENT 9.2 Eligibility Screening The Subcontracted Transportation Provider shall: a. Review and document beneficiary eligibility to receive transportation services provided by the contract. b. Review that the individual is currently eligible for services by relying upon the eligibility information supplied by one of the following: 1. Presentation of a valid medical card (Medicaid Gold Card) when smart card systems are in place and set to read the Medicaid Gold Card and capable of obtaining beneficiary eligibility information; 2. Documentation from a Medicaid Eligibility Verification System (MEVS) Vendor; 3. Documentation by FAXBACK with the Medicaid fiscal agent, or 4. Documentation by other Commission approved sources. c. Regularly verify that the beneficiary is eligible for transportation services. Screening shall include: 1. Verification from the requesting beneficiary that they have no other available means of transportation to medical services; 2. That the transportation is not covered by other programs or funding; 3. That requested transportation is to the nearest Medicaid provider of covered services unless otherwise exempt by Medicaid rules or pOlicy (see Applicable Laws and Regulations Section); 4. That transportation shall be authorized and provided to and from a service destination identified and covered by the Commission; 5. That volunteers or gas vouchers are utilized where appropriate to administer cost-effective transportation. When reimbursement or gas vouchers are utilized, the Subcontracted Transportation Provider shall have on record: the driver's license, current vehicle registration and obtain documentation of, or proof of, insurance of the vehicle operator. When documentation of the above-listed information is accepted in lieu of copies of the documents, the Subcontracted Transportation Provider shall obtain copies of these documents as soon as practicable; and 6. That requested transportation is necessary to the destination and to retum from services as authorized under the contract. 9.3 Transportation Standards The Subcontracted Transportation Provider shall: a. Arrange for the most appropriate, lowest cost transportation services available to beneficiaries who reside in the service area specified by the contract; b. Comply with standards in accordance with Chapter 427, Florida Statutes and Rules 41-2 and 14-90, Florida Administrative Code. 9.4 Appropriate Level of Transportation Non-Emergency Medicaid Transportation Page 16 of 51 Form Rev. 6/23/04 The Subcontracted Transportation Provider shall refer emergency calls to 911, or an ambulance, as necessary. The Subcontracted Transportation Provider and/or its Agenda Item No. 1689 July 27,2004 Page 18 of 53 STATE OF FLORIDA COMHISSION FOR THE TRANSPORTATION DISADVANTAGED DRAFf SERVICE AGREEMENT Subcontracted Transportation Providers shall maintain a local referral source with whom to discuss emergency situations. Appropriate levels of transportation consist of the following: a. Door-to-door or curb-to-curb services are appropriate for persons whose physical or mental limitations render them unable to use fixed route transit, mulitloading or other methods of transport. b. The Subcontracted Transportation Provider shall use the most cost effective (lowest cost appropriate) available transportation, based on the medical condition of the beneficiary. c. Subcontracted transportation providers shall use public transit where available. Utilization shall be in compliance with ADA requirements. A beneficiary may be asked to fill out an ADA certification form to verify the beneficiary's mobility limitations or may be required to undergo an assessment process. The Subcontracted Transportation Provider may also require documentation by the beneficiary's physician. 9.5 Service Area a. The Subcontracted Transportation Provider may provide service to residents of other service areas in response to requests of the Subcontracted Transportation Provider responsible for those service areas, if an agreed upon rate is determined by both parties. b. Other service areas include: · Medical facilities or services available in other communities or contiguous areas not available in the beneficiary's service area but routinely used by residents of the service area who need medical care not provided within their service area; and · Medical facilities or services outside the service area that are closer to the beneficiary's residence than the same type of services within their service area. c. The Subcontracted Transportation Provider may arrange destination and return trips outside the Subcontracted Transportation Provider's contracted service area when required services are not available within the contracted service area, but are within the state or designated border areas. 9.6 Activity Documentation The Subcontracted Transportation Provider and/or its Subcontracted Transportation Providers must retain, and make available for audit purposes, the following records for five (5) years after termination of the contract or for the duration any audit that extends past five (5) years. The Subcontracted Transportation Provider shall: a. Maintain beneficiary eligibility data. Eligibility data shall be provided to the Subcontracted Transportation Provider and its Subcontracted Transportation Provider by MEVS or FAXBACK or other similar provider. The Subcontracted Transportation Provider shall use this data to confirm eligibility of persons requesting or receiving transportation services. b. Protect the confidentiality of the beneficiary's records. Non-Emergency Medicaid Transportation Page 17 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 19 of 53 STATE OF FLORIDA COMMISSION FOR TIlE TRANSPORTATION DISADVANTAGED DRAFf SERVICE AGREEMENT c. Keep vehicle logs on file for every transport for five (5) years after the contract ends, in accordance with state law. d. Maintain encounter data for each one-way trip provided as specified below: 1. Subcontracted transportation provider's unique identification number assigned by the Commission; 2. Date the service was provided in month, day, year format: MMJODIYYYY; 3. Beneficiary's last name, first name, and middle initial exactly as it appears on the go!d, plastic Medicaid 10 Card or other proof of eligibility; 4. Beneficiary's 10-digit Medicaid 10 Number. Do not provide the number on the Medicaid 10 card. This is a card control number, not the beneficiary's Medicaid 10 number, 5. Total miles of trip provided; 6. Total cost of trip provided; 7. Pickup address including the street name and number, apartment number, and city; 8. Time that the beneficiary was picked up. Use military (24-hour clock) time. For example: 3:35 p.m. = 1535; 9. Complete address of the provider destination including the street name and number, apartment number, and city; 10. Identify trips that were not provided due to beneficiary no-shows; 11. Medical necessity of the trip; 12. Origin of transport code: physician's office (P), clinic (C), laboratory (L), hospital (H), nursing home (N), dialysis (D), or other diagnostic or therapeutic (0), or residence (R); 13. Destination of transport code: physician's office (P), clinic (C), laboratory (L), hospital (H), nursing home (N), dialysis (D), or other diagnostic or therapeutic (0), or residence (R); 14. Mode of transportation used: multiload vehicle (MV), public transportation (PT), private volunteer transport (VT), wheelchair (WC), Stretcher (ST), over-the-road bus (OB), or commercial air carrier (CA); and e. Enter encounter data requirements for each bus ticket or pass issued, in a format provided by the Commission. 9.7 Service Standards a. All Subcontracted Transportation Providers must comply with standards in accordance with Chapter 427, Florida Statutes and Rules 41-2 and 14-90, Florida Administrative Code. These standards include, but are not limited to, Drug and Alcohol Testing, Safety Standards, Driver Accountability and, Driver Conduct. b. All Subcontracted Transportation Providers must maintain vehicles and equipment in accordance with manufacturer's state and federal safety and mechanical operating and maintenance standards for any and all vehicles and models used for transportation of Medicaid beneficiaries under this contract. c. The Subcontracted Transportation Provider shall comply with all applicable state and federal laws as provided in Section 30.29, Applicable Laws and Regulations, including, but not limited to, the Americans with Disabilities Act (ADA) and the Federal Transit Administration (FT A) regulations. d. Any vehicle that does not meet or exceed the Florida Department of Highway Safety and Motor Vehicles (DHSMV) licensing requirements, safety standards, ADA regulations, or contract requirements shall be removed from service immediately and Non-Emergency Medicaid Transportation Page 18 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27,2004 Page 20 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED DRAFf SERVICE AGREEMENT shall be re-inspected before it is eligible to be used to provide transportation services for Medicaid beneficiaries under the contract. e. Vehicles may not carry more passengers than the vehicle was designed to carry. f. All lift-equipped vehicles must comply with ADA regulations. 9.8 Vehicle Inspections a. Annual All vehicles shall be inspected before they are used to provide transportation services. Inspections shall be done annually to ensure that all regulatory and licensing requirements are met. Vehicles not passing these inspections shall be immediately removed from service for Medicaid beneficiaries. Each vehicle shall be reinspected before it is eligible to return to service for Medicaid beneficiaries under the contract. Documentation of inspections done by other agencies will suffice as long as the Subcontracted Transportation Provider and Commission have access to it, and the program standards are met or exceeded. b. All Commercial Vehicles Shall Meet or Exceed the Following Requirements: 1. The Subcontracted Transportation Provider shall ensure that commercial transportation operators use a two-way communication system linking all vehicles used in delivering the services under this contract with the transportation operator's major place of business (dispatcher); 2. The two-way communication system shall be used in such a manner as to facilitate communication and to minimize the time in which out-of-service vehicles can be replaced or repaired. Pagers are not an acceptable substitute. A vehicle with an inoperative two-way communication system shall be placed out-of- service until the system is repaired or replaced; 3. All vehicles shall be equipped with climate control systems adequate for the heating and cooling needs of both driver and passengers. Any vehicle with a non-functioning climate control system shall be placed out-of-service until repaired; 4. Vehicles shall have functioning, clean, and accessible seat belts, where applicable, for each passenger seat position and shall be stored off the floor when not in use; 5. All vehicles shall have an accurate speedometer and odometer; 6. All vehicles shall have functioning interior Iight(s) within the passenger compartment; 7. All vehicles shall have adequate sidewall padding and ceiling covering; 8. All vehicles shall have two exterior rear view mirrors, one on each side of the vehicle; 9. All vehicles shall have one interior mirror for monitoring the passenger compartment; 10. The vehicles' interior and exterior shall be clean and have exteriors free of broken mirrors or windows, excessive grime. rust, chipped paint or major dents that detract from the overall appearance of the vehicle; and Non-Emergency Medicaid Transportation Page 19 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27,2004 Page 21 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED DRAFT SERVICE AGREEMENT 11. The vehicle shall have passenger compartments that are clean, free from tom upholstery or floor covering, damaged or broken seats, protruding sharp edges and shall also be free of dirt, oil, grease or litter. 9.9 SubContract Requirements The Subcontracted Transportation Provider shall monitor all transportation providers, at least annually, to ensure that they comply with the provisions of the contract The Subcontracted Transportation Provider shall attempt to utilize Minority and Women- owned Business Enterprises (MWBE's) for providing beneficiary transportation services. The Subcontracted Transportation Provider shall document MWBE utilization and all efforts in encouraging MWBE participation. Subcontracts shall include verification that each transportation provider maintains sufficient liability insurance to meet the requirements of Florida State law. See Section I.G of the Terms and Conditions of the Commission Standard Contract for specifics on insurance coverage. The Subcontracted Transportation Provider shall have an incident investigation procedure in writing, and shall follow that procedure to respond to and review all incidents. The Commission must be notified by the Subcontracted Transportation Provider within twenty four (24) hours or by the beginning of the next business day of an accident during the transportation of Medicaid beneficiaries. This is for all accidents involving personal injury and/or property damage where the damage exceeds one thousand dollars ($1,000.00). A written report of the accident shall be submitted to the Commission within five (5) business days of the occurrence. 9.10 Personnel Subcontracted Transportation Providers are independent contractors and are not employees or agents of Florida Medicaid or the Commission. An independent contractor performs services for Medicaid under contract of a skilled nature or unique kind and works with minimal or no supervision from Medicaid staff. The Subcontracted Transportation Provider must ensure that all transportation providers: a. Be responsible for the work performed by their employees and transportation providers as described in this contract and other referenced documents; b. Be solely responsible for payment to all employees' for wages, benefits, and all consideration or reimbursement to transportation operators; c. Comply with the requirements of employer liability, worker's compensation, unemployment insurance, social security, and any other state and local taxes applicable to the Subcontracted Transportation Provider, the Subcontracted Transportation Provider's employees and transportation operators; and d. Have personnel policies that conform to all local, state and federal laws. The Commission retains the right to review the Subcontracted Transportation Provider's personnel policies. 9.11 Additional Subcontracted Transportation Provider Requirements The following sections describe performance standards with which the Subcontracted Transportation Provider must comply. Non-Emergency Medicaid Transportation Page 20 of 51 Form Rev. 6/23/04 Agenda Item No. 16B9 July 27, 2004 Page 22 of 53 STATE OF FLORIDA COMMISSION FOR TIIE TRA \(SPOR T A nON DISADVANTAGED DRAFT SERVICE AGREEMENT a, The Subcontracted Transportation Provider is responsible for transportation services, and shall recruit, if necessary, and negotiate subcontracts with transportation providers sufficient to meet the needs of Medicaid beneficiaries to include utilization of multi load vehicles, public transportation, wheelchair vehicles, stretcher vehicles, private volunteer transport, over-the-road bus service or where applicable commercial air carrier transport. b. The Subcontracted Transportation Provider must utilize a uniform contracting, billing and accounting system to contract for services and pay providers while keeping accurate and detailed records on transactions with such contracted providers. c. The Subcontracted Transportation Provider shall secure sufficient resources (numbers and types of vehicles and drivers) to provide NET services in accordance with the requirements of the contract. d. The Subcontracted Transportation Provider may set up subcontracts with qualified transportation providers, including providers in bordering states (Georgia and Alabama), if necessary, as long as the services provided are equitable in quality and safety. The Subcontracted Transportation Provider must maintain unique identifiers of each transportation provider. The unique identifiers will be given to the Subcontracted Transportation Provider by the Commission. e. In all cases, the Subcontracted Transportation Provider must ensure the use of the most appropriate service available to meet the beneficiary's transportation needs. f. Regardless of the method or combination of methods used to provide NET service, the Subcontracted Transportation Provider is responsible for management, supervision and monitoring of all transportation provided with funds received through the contract. g. The Subcontracted Transportation Provider is prohibited from establishing or maintaining subcontracts with transportation providers that have been determined to have committed fraud of a state or federal agency or those that have been terminated from the Medicaid program. h. The Subcontracted Transportation Provider must terminate a subcontract with a transportation provider when substandard performance is identified and when the transportation provider has failed to take satisfactory corrective action within a reasonable time. The Commission reserves the right to direct the Subcontracted Transportation Provider to terminate any subcontract with a transportation provider when the Commission or the Agency for Health Care Administration determines it to be in the best interest of the state. L The Subcontracted Transportation Provider's selection policies and procedures, consistent with 42 CFR 438.12, must not discriminate against particular providers that serve high-risk populations or specialize in conditions that require costly treatment j. The Subcontracted Transportation Provider may not employ or contract with providers excluded from participation in Federal health care programs under either Section 1128 or 1128A of the Social Security Act. 9.12 Gatekeeper Policy a. The Subcontracted Transportation Provider shall comply with the following gatekeeper responsibilities: 1. Accept requests for transportation directly from beneficiaries. adult family members on behalf of minor beneficiaries, guardians responsible for beneficiaries, and licensed health care professionals on behalf of beneficiaries. Non-Emergency Medicaid Transportation Page 21 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 23 of 53 STATE OF FLORIDA COMMISSION FOR TIIE TRANSPORTA nON DISADVANTAGED DRAFT SERVICE AGREEMENT ,'_e 2. Assure that the beneficiary is a resident of a county in Florida and is currently Medicaid eligible. Beneficiary eligibility shall be obtained by contacting a MEVS Vendor or similar provider, or through FAXBACK with the Medicaid fiscal agent where a fax is sent through an automated system and a report is transmitted back containing beneficiary or provider requested eligibility information. 3. Attempt to determine if transportation resources exist within the home regularly and/or specifically for the trip requested, and may deny transportation if available through resources in the beneficiary's household. "Household- is defined to in dude all persons residing at a common address. 4. Determine if there is a reason why the beneficiary's own transportation cannot be utilized (such as the vehide is broken, out of gas, etc.) and, if it cannot be utilized, may assist in transportation. 5. Attempt to determine whether any person who does not reside in the beneficiary's household can reasonably provide transportation. .Reasonably. is defined to mean both willing and able. The Subcontracted Transportation Provider shall not demand the use of transportation resources available through any party residing outside the beneficiary's household. 6. Require the use of public transportation, where available and appropriate, for beneficiaries who are able to understand common signs and directions. For additional information on requirements for public transportation see Service Standards Section. 7. Determine if the beneficiary is ambulatory, requires a mobility device, or requires a stretcher for transport. Beneficiaries who must use a mobility device for ambulation or must remain in a lying position shall be transported in vehicles appropriate to their level of need. 8. Allow for extenuating circumstances in applying the seventy-two (72) hour or less advance application requirement for transportation. Such extenuating circumstances shall include, but not be limited to, such situations as the requirement for post-operative or follow-up appointments in less than seventy- two (72) hours; urgent care requirements as claimed by the beneficiary, adult family members on behalf of a minor, elderly or disabled beneficiaries, guardians responsible for beneficiaries, and licensed health care professionals on behalf of beneficiaries who are residents of a nursing facility or other residential care facility, or who are otherwise unable to communicate for themselves; hospital and emergency room discharges; and transportation to appointments made to replace missed appointments that were not caused by the beneficiary's negligence. 9. Provide transportation only to a Medicaid compensable service. 10. Refuse to reimburse the cost of transportation provided for a beneficiary by any relative or member of the same household, exclusive of foster parents. 11. Some nursing facilities, group homes and personal care homes have one or more vehicles, which are intended to facilitate the general administration of the facility and not necessarily to provide for resident transportation. The Subcontracted Transportation Provider cannot deny service based on the mere existence of a vehicle. The availability of a vehicle for resident transportation must be determined on a case-by-case basis. If the vehicle is not available for resident transportation at the time required, as represented by the nursing facility manager or director of nursing, as applicable, such vehicle must be excluded from considerations of other available transportation. Non-Emergency Medicaid Transportation Page 22 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27,2004 Page 24 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORT A TYJN DISADVANTAGED DRAFf SERVICE AGREEMENT 12. Consider information presented by or on behalf of a beneficiary relative to the need for NET services upon each such request for transportation, notwithstanding previous NET denials. 13. Require that a beneficiary and associated escort be picked up from, and retumed to, a common address. b. The Subcontracted Transportation Provider are not responsible for providing transportation when a similar and appropriate health care providers of a similar type that offer the same or similar services appropriate for the beneficiary's needs and who will accept the beneficiary as a patient are located closer to the beneficiary's residence. c. The Subcontracted Transportation Provider and/or its Subcontracted Transportation Providers shall not arbitrarily deny services, but may require as a condition for approval of NET services, a written referral signed by a licensed health care provider attesting to the medical necessity for out-of-area service. 10. Fraud Prevention Policies and Procedures The Subcontracted Transportation Provider shall utilize the written policies and procedures developed by the Commission for fraud prevention that contain the following: a. A comprehensive employee-training program to investigate potential fraud. b. Review of Subcontracted Transportation Providers that demonstrate a pattern or practice of encounter or service reports that did not occur; c. Review of Subcontracted Transportation Providers that demonstrate a pattern or practice of overstated reports or up-coded levels of service; d. Review of Subcontracted Transportation Providers that altered, falsified, or destroyed records prior to the five-year records retention benchmark. e. Review of Subcontracted Transportation Providers that make false statements about credentials; f. Review of Subcontracted Transportation Providers that misrepresent medical information to justify referrals; g. Review of Subcontracted Transportation Providers that fail to provide transportation for covered Medicaid beneficiaries to medically necessary services: and h. Review of Subcontracted Transportation Providers that charge Medicaid beneficiaries for covered services. Any determination by the Subcontracted Transportation Provider that any aspect of NET service delivery, by any provider, that might have short- or long-term detrimental consequences to the health of a Medicaid beneficiary shall be reported in writing to the Commission immediately upon detecting a problem or potential problem. The Subcontracted Transportation Provider must also immediately report all instances of suspected providerfbeneficiary fraud to the Commission immediately upon identification. Upon detection of a potentially or suspected fraudulent action by a provider, the Subcontracted Transportation Provider shall file a report with the Commission. At a minimum, the report shall contain the name of the provider, the provider contact information, the provider tax identification number, and a description of the suspected fraudulent act. This report must be sent in narrative fashion to the Commission contract manager. B. MANNER OF SERVICElS) PROVISION: Non-Emergency Medicaid Transportation Page 23 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 25 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORT A nON DISADVANTAGED DRAFT SERVICE AGREEMENT 1. Services to be provided by the Commission: The services that the Commission shall provide to the Subcontracted Transportation Provider related to contract are listed below: a. The Commission will provide access to Medicaid eligibility data, if available from the Agency. b. The Commission will provide policy and contract clarification as requested by the Subcontracted Transportation Provider. c. The Commission will conduct a timely review of all materials submitted to the Commission by the Subcontracted Transportation Provider as required. d. The Commission will provide the Subcontracted Transportation Provider with training in the appropriate use of Commission systems as needed. e. The Commission will provide the Subcontracted Transportation Provider Medicaid non- emergency transportation policy training pertinent to the performance of the contract. f. The Commission will provide technical assistance, as needed, on transportation related inquiries. g. The Commission will provide a policy and procedures manual, an education and outreach plan, and a monitoring plan. h. The Commission will provide the Subcontracted Transportation Provider with instructions and ongoing training on specific programs and covered services. i. The Commission will periodically monitor the Subcontracted Transportation Provider's compliance with the terms and conditions of the contract 2. Services to be provided by the Subcontracted Transportation Provider 2.1 Monitoring Plan The Subcontracted Transportation Provider will be monitored on an annual basis unless otherwise specified by the Commission. The monitoring plan must be based on Subcontracted Transportation Provider Minimum Standards Section, and must contain, at a minimum, the following monitoring elements: a. Beneficiary Access · Provider name; · Provider's unique identification (10) number; · Provider service area (counties); · Where available average daily phone calls abandoned, listed by: i. Incoming, ii. From queue, and iii. Average time in queue. · Percentage of calls answered within three (3) minutes; · Average call length; · Average daily phone calls received. b. Eligibility Screening · Total applicants reviewed for transportation eligibility, Non-Emergency Medicaid Transportation Page 24 of 51 Form Rev. 6/23/04 Agenda Item No. 16B9 July 27, 2004 Page 26 of 53 STATE OF FLORIDA COMMISSION FOR TIIE TRANSPORTATION DISAD'l ANT AGED DRAFT SERVICE AGREEMENT · Total applicants denied for transportation eligibility, by reason code; and · Other data designated by the Commission. c. Transportation Services · The number of trips provided by mode; · The average distance in miles per trip; · The average cost per trip using the average distance in miles per trip; · The number of unduplicated Medicaid beneficiaries using transportation; · Number of complaints and percentage of complaints compared to the total number of trips; and · The number of vehicle inspections completed with results. d. Beneficiary Education e. Staffing Issues f. Other Monitoring as Specified by the Commission 2.2 Reports The Subcontracted Transportation Provider will prepare reports on encounter data as well as complaints filed and corrective action taken. Some may be summary reports for wide distribution. Others may be detailed reports for Commission and other technical audiences. Users may be the general public, legislators, legislative staff, policy makers, media, and budget analysts. The Subcontracted Transportation Provider may be required to provide immediate response to ad hoc data requests of Commission staff. The Subcontracted Transportation Provider shall utilize project reports established by the Commission. The Subcontracted Transportation Provider shall utilize reporting formats that will be developed by the Commission. When reporting requirements are not established in the contract, the Commission shall provide the Subcontracted Transportation Provider with instructions and submission timetables. The Commission reserves the right to modify reporting formats and submission timetables as a result of changing priorities or management direction. c. Annual Reports The Subcontracted Transportation Provider must submit to the Commission, by September 15th of each year, an annual operating report that summarizes all services provided for during the contract period. The annual operating report will be provided to the Commission via the electronic reporting mechanism available through the Commission's web page. d. Ad Hoc Reporting The Subcontracted Transportation Provider must provide reports to the Commission in response to requests for data on a periodic basis. Data should be provided to the Commission within one (1) business day, or longer, if agreed to by both the Commission and the Agency for Health Care Administration. The Subcontracted Transportation Provider may be required to provide additional information in the annual, and monthly reports when specified by the Commission. 2.3 Automation Requirements Non-Emergency Medicaid Transportation Page 25 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 27 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORT A nON DISADVANTAGED DRAFT SERVICE AGREEMENT The Subcontracted Transportation Provider must have the capacity (hardware, software and personnel) sufficient to generate all data and reports needed for this project. The Subcontracted Transportation Provider shall also have the necessary information technology needed to fully manage and report on the project described in this contract. 2.4 Systems Compliance The following standards and criteria define systems compliance: . Software and applications will not abnormally end or provide invalid or incorrect results as a result of date data, especially between centuries. . In all new applications and where possible in legacy applications, date elements in interfaces and data storage should specify century to eliminate date ambiguity. The standard format for data storage and calculations should follow the international standard date notation, which includes a four-digit year. Applications that use or require month and date representation should conform to the following format: YYYYMMOO where YYYY = full representation of the year, MM = month (between 01 and 12) and DO = day of the month (between 01 and 31). User interfaces (Le., screens, reports, etc.) should accurately show four digit years. Where this is impossible (Le., date elements represented without century), the correct century must be unambiguous for all manipulations and/or calculations involving that element 2.5 Determination of Service Process The Subcontracted Transportation Provider shall structure the determination of need for service process to meet the following basic requirements: a. A transportation service may not be provided until: 1. The beneficiary's eligibility has been verified; 2. The beneficiary has declared that he or she is a current resident of the subcontract provider/provider's service area; 3. The beneficiary's Medicaid 10 number and address have been recorded for reporting purposes; 4. The beneficiary has dedared that he or she needs non-emergency transportation; 5. The beneficiary has been determined to have a valid service need; 6. The beneficiary intake information has been obtained; 7. The trip is determined to be within the service locality, or that the needed medical service is not available in the locality; and 8. The transportation mode is the most cost-effective possible. b. The Subcontracted Transportation Provider shall advise the beneficiary that: 1. The beneficiary, under penalty of law, shall provide accurate and complete information to determine need for NET services; 2. When requested, the beneficiary must provide, as a condition for receiving service and being determined eligible for the service, information related to the need for services; Non-Emergency Medicaid Transportation Page 26 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 28 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORT A nON DISADVANTAGED DRAFf SERVICE AGREEMENT 3. It is the beneficiary's responsibility to call and cancel an appointment at least twenty-four (24) hours in advance; and 4. Only transportation to or from a health care selVice provider for a Medicaid covered selVice is allowable. c. Beneficiary Intake Information The Subcontracted Transportation Provider must collect intake information at initial time of contact for a request made by the beneficiary. The following information will be collected by all Subcontracted Transportation Providers for each beneficiary. The Subcontracted Transportation Provider shall regularly verify information is accurate. The Subcontracted Transportation Provider shall develop mandatory beneficiary intake information for NET selVices, that provides the following information: 1. Determination of Eligibility: Name and address; Beneficiary's date of birth in month, day. year format (MM/DD/YYYY); County of origin; Medicaid number; and Telephone number, if available. 2. Availability of Suitable Mode or Transportation to Other Community Locations: Availability of friend or relative with vehicle; and Ownership of a vehicle or previous transportation arrangements. 3. Availability of Federally Funded or Public Transportation: Distance from public transportation route; Any limitations that would prevent the use of public transportation; Alternative funding to pay for transportation; and Previous use. 4. Special Needs: Mode of transportation needed; SelVices needed; and Need for an escort or attendants. 5. Results of Interview: Transportation approved or denied; Mode of transportation if approved; Date or dates of service; and · Reason eligibility was denied. d. Validity of Information Except for the information contained on the Medicaid eligibility certification, the Subcontracted Transportation Provider shall accept the information provided verbally by the beneficiary, or person speaking on behalf of the beneficiary, as valid when determining or predetermining the need for NET selVices unless the Subcontracted Transportation Provider has cause to doubt the validity of information provided. If the Subcontracted Transportation Provider has cause to doubt the validity of the information provided by or on behalf of the beneficiary, in accordance with approved gatekeeping policy, the Subcontracted Transportation Provider may require documentation of that information as a condition of providing transportation. Non-Emergency Medicaid Transportation Page 27 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 29 of 53 STATE OF FLORIDA COMMlSSION FOR THE TRANSPORTATION DISADVANTAGED DRAFT SERVICE AGREEMENT 2.6 Application for Services The beneficiary must contact the Subcontracted Transportation Provider with jurisdiction over the beneficiary's area of residence to request NET services prior to close of office business hours, three (3) workdays or more prior to a non-urgent, scheduled appointment. The three (3) workdays or more advance scheduling includes the day of the call but not the day of the appointment. Advance scheduling will be mandatory for all NET services except urgent care and follow-up appointments when the timeframe does not allow advance scheduling. The Subcontracted Transportation Provider shall be responsible to provide same-clay transportation services when the beneficiary has no other available means of transportation and requests services for urgent care. Valid requests for urgent care transport shall be acknowledged for scheduling within three (3) hours of the time the request is made. Urgent care, for the purpose of this contract, is defined as an unscheduled episodic situation, in which there is no immediate threat to life or limb, but the beneficiary must be seen on the day of the request and treatment cannot be delayed until the next day. A hospital discharge shall be considered as urgent care. The Subcontracted Transportation Provider may verify with the direct provider of service that the need for urgent care exists. The Subcontracted Transportation Provider must obtain from the beneficiary, or an individual acting on behalf of the beneficiary, sufficient information to allow a decision regarding the beneficiary's need for NET services. This determination must take into consideration the beneficiary's ability to provide for his or her transportation outside of the NET program, pursuant to the gatekeeper policy established by the Commission as well as the beneficiary's needed level of transportation in the Appropriate Level of Transportation Section. 2.7 Levels of Transportation When determining the most appropriate mode of transportation for a beneficiary, a basic consideration must be the beneficiary's current level of mobility and functional independence. Modes other than public transportation must be used when the beneficiary: · Is able to travel independently but, due to a permanent or temporary debilitating physical or mental condition, cannot use the mass transit system; or · Is traveling to and from a location that is inaccessible by mass transit (accessibility is not within 3/4 mile of scheduled route). The Subcontracted Transportation Provider or its Subcontracted Transportation Provider shall determine the most appropriate mode of transportation needed by the beneficiary. This determination may be based on information provided by the beneficiary or, if a functional assessment process is in place, the results of a functional assessment process. 2.8 Criteria for Wheelchair or NET Stretcher Services Services other than multiload vehicle or public transportation may be required when one of the following conditions is present: a. The beneficiary has a disabling physical condition which requires the use of a wheelchair, walker, cane, crutches or brace and is unable to use a multiload vehicle, commercial taxi or public transportation; Non-Emergency Medicaid Transportation Page 28 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 30 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORT A nON DISADVANTAGED DRAFT SERVICE AGREEMENT b. An ambulatory beneficiary requires radiation therapy, chemotherapy or dialysis treatment, which results in a disabling physical condition after treatment, causing the beneficiary to be unable to access transportation without physical assistance; c. The beneficiary is unable to ambulate without personal assistance of the driver in entering or exiting the beneficiary's residence and medical facility; or the beneficiary has a severe, debilitating weakness or has a physical or mental disability as a result of illness or health care treatment and requires personal assistance. The Subcontracted Transportation Provider is not precluded from using more intensive modes of transportation if such use is determined to be appropriate. Wheelchair and stretcher van services are considered intensive transportation modes due to a higher level of transportation provided to accommodate the beneficiary's need based on the beneficiary's specific limitation. One of the above limiting conditions must exist before transportation modes other than multiload vehicle or public transportation are considered; however, the existence of a limiting condition does not necessarily mean that a more intensive mode of transportation is required. While the above conditions may demonstrate the possible need for wheelchair or stretcher services, the functional ability and independence of the Medicaid beneficiary should also be considered in determining the mode of transportation required. The key to the use of more intensive modes of NET services is that such services be adequate to meet the health needs of the individual. 2.9 Nursing Home and Mental Health Facility NET Services The Subcontracted Transportation Provider must allow nursing homes and mental health facilities to arrange and schedule transportation for beneficiaries residing in their facility directly without a formalized contract with the Subcontracted Transportation Provider for the facility's place of business. At a minimum, nursing home and mental health facilities shall be allowed to: · Provide transportation to a residence through vehicles owned and operated by the nursing home or mental health facility after determining that the most appropriate mode of transportation can be provided by such vehicles in-house; and · Contact the subcontracted transportation provider to arrange for transportation services on behalf of the beneficiary residing in the facility if the nursing home or mental health facility is unable to provide the most appropriate mode of transportation. 2. 10 Denial of Service Process The Subcontracted Transportation Provider may deny a trip or immediately discontinue a trip for any beneficiary who: a. Refuses to cooperate in determining the status of Medicaid eligibility; b. Refuses to provide the documentation requested to determine need for NET services; c. Is found to be ineligible for NET services on the basis that the information provided cannot be otherwise confirmed; d. Exhibits uncooperative behavior or misuses/abuses NET services (the Subcontracted Transportation Provider must retain documentation of the incident); Non-Emergency Medicaid Transportation Page 29 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27,2004 Page 31 of 53 STATE OF FLORIDA COMMISSION FOR THE l'RANSPOR T A nON DISADVANTAGED DRAFT SERVICE AGREEMENT e. Is not ready to board NET transport five (5) minutes after the vehicle has arrived; or f. Fails to request a reservation three (3) workdays or more in advance of appointment without good cause. For purposes of this section, "good cause" is created by factors such as, but not limited to, any of the following: · Urgent care; . Post-surgical and/or medical follow-up care specified by a health care provider to occur in fewer than three workdays; · Imminent availability of an appointment with a specialist when the next available appointment would require a delay of two weeks or more; or . The result of administrative or technical delay caused by the Subcontracted Transportation Provider and required that an appointment be rescheduled. 2.11 Beneficiary Appeals Notice When the Subcontracted Transportation Provider denies eligibility of transportation services to a beneficiary, the beneficiary must be informed of his/her right to appeal by sending, by mail, an initial decision letter outlining the reason the Subcontracted Transportation Provider is denying transportation services. This letter shall be mailed to the beneficiary no later than seven (7) calendar days following such decision to deny. The Subcontracted Transportation Provider must utilize a formal beneficiary appeals process whereby a beneficiary may bring his/her complaint for resolution prior to the beneficiary beginning the formal Medicaid grievance procedures. Beneficiary transportation cannot be limited or suspended during the review period while the appeal is being reviewed. Beneficiaries must be allowed to schedule and receive transportation services throughout the appeal process. 2.12 No-Show Beneficiary Education If a beneficiary fails to provide a cancellation notice to the Subcontracted Transportation Provider at least 24-hours in advance of a scheduled trip, then the beneficiary is classified as a "no-show". In addition, cancellations at the door will be considered a "no- show" The Subcontracted Transportation Provider shall provide the Commission a listing of the "no-show" beneficiaries. The no-show beneficiary listing shall include the beneficiary's name, phone number, date and time scheduled for transport, and trip destination. The submittal of the activity documentation in Section 9.6 will serve as the no-show listing. The Subcontracted Transportation Provider, the Commission, or the Agency may contact the beneficiaries and counsel them on proper usage of NET services and provide technical assistance. The Subcontracted Transportation Provider shall track the beneficiaries contacted as no-shows and counseled and keep a record of the technical assistance provided. The Subcontracted Transportation Provider may take action to "lock-in" beneficiaries that have reoccurring no-shows and do not respond to counseling and technical assistance. Such action shall be approved by the Commission Contract Manager prior to implementation. If the no-show beneficiary provides acceptable, verifiable evidence to the Subcontracted Transportation Provider or the Commission that the no-show was due to unforeseen and unavoidable circumstances, the missed trip will not be counted as a no-show unless such evidence does not prove the beneficiary was unable to meet the scheduled pick-up time due to unforeseen and unavoidable circumstances. Non-Emergency Medicaid Transportation Page 30 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 32 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORT A nON DISADVANTAGED DRAFT SERVICE AGREEMENT 2.13 Complaint Resolution The Subcontracted Transportation Provider must maintain a toll-free access for receiving beneficiary complaints. The Subcontracted Transportation Provider shall ensure that the beneficiary has followed the established complaint procedures. The Subcontracted Transportation Provider may utilize the Commission's ombudsman program to serve as a regulatory body for the voicing of complaints by beneficiaries. If the complaint is not resolved through the Ombudsman program, the beneficiary must be informed of his/her right to file a formal grievance with the Office of Administrative Appeals or other legal venues appropriate to the specific nature of the complaint. 2.14 Fair Hearing Requirements The Medicaid fair hearing policy and process is detailed in Rule 65-2.042, FAC. The Subcontracted Transportation Provider's grievance system policy and appeal and grievance processes shall state that the beneficiary has the right to request a Medicaid fair hearing in addition to pursuing the Subcontracted Transportation Provider's grievance process. A provider acting on behalf of the beneficiary and with the beneficiary's written consent may request a Medicaid fair hearing. Parties to the Medicaid fair hearing include the Subcontracted Transportation Provider, as well as the beneficiary and his or her representative or the representative of a deceased beneficiary's estate. a. Request Requirements The beneficiary or provider may request a Medicaid fair hearing within 90 calendar days of the date of the notice of action. The beneficiary or provider may request a Medicaid fair hearing by contacting Department of Children and Families at the Office of Public Assistance Appeals Hearings, 1317 Winewood Boulevard, Building 1, Room 309, and Tallahassee, Florida 32399-0700. b. General Plan Duties The Subcontracted Transportation Provider must: 1. Continue the beneficiary's benefits while Medicaid fair hearing is pending if: a. The Medicaid fair hearing is filed timely, meaning on or before the later of the following: · Within 10 workdays of the date on the notice of action (add 5 workdays if the notice is sent via U.S. mail). · The intended effective date of the plan's proposed action. b. The Medicaid fair hearing involves the termination, suspension, or reduction of a previously authorized course of treatment; c. The services were ordered by an authorized provider; d. The authorization period has not expired; and e. The beneficiary requests extension of benefits. Non-Emergency Medicaid Transportation Page 31 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27,2004 Page 33 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORT A nON DISADVANTAGED DRAFf SERVICE AGREEMENT 2. Ensure that punitive action is not taken against a provider who requests a Medicaid fair hearing on the beneficiary's behalf or supports a beneficiary's request for a Medicaid fair hearing. If the Subcontracted Transportation Provider continues or reinstates beneficiary benefits while the Medicaid fair hearing is pending, the benefits must be continued until one of following occurs: a. The beneficiary withdraws the request for a Medicaid fair hearing. b. 10 workdays pass from the date of the Subcontracted Transportation Provider's adverse decision and the beneficiary has not requested a Medicaid fair hearing with continuation of benefits until a Medicaid fair hearing decision is reached. (Add 5 workdays if the notice is sent via U.S. mail.) c. A Medicaid fair hearing decision adverse to the beneficiary is made. d. The authorization expires or authorized service limits are mel The Subcontracted Transportation Provider must authorize or provide the disputed services promptly, and as expeditiously as the beneficiary's health condition requires, if the services were not furnished while the Medicaid fair hearing was pending and the Medicaid fair hearing officer reverses a decision to deny, limit, or delay services. The Subcontracted Transportation Provider must pay for disputed services, in accordance with state policy and regulations, if the services were furnished while the Medicaid fair hearing was pending and the Medicaid fair hearing officer reverses a decision to deny, limit, or delay services. 2.15 Beneficiary Co-payment The Subcontracted Transportation Provider, at its discretion, may require a co-payment of beneficiaries that is not greater than $1.00 per each one-way trip or $2.00 per each round trip whichever is less. Any change in beneficiary co-payment amounts must receive Commission approval prior to implementation of such increase or decrease. The following categories of beneficiaries are not required to pay a co-payment: . Children under 21 years of age; Pregnant women when the services relate to the pregnancy or to any other medical condition that may complicate the pregnancy or conditions or complications of the pregnancy extending through the end of the month in which the 6O-days period following termination of pregnancy ends; Institutional care program (ICP) beneficiaries who are required to spend all of their income for medical care costs (expect for a minimal amount that is required for personal needs) as a condition of receiving services in an institution and who are inpatients in long-term care facilities, hospitals, or other medical institutions; Beneficiaries who require emergency services after the sudden onset of a medical condition which if left untreated would place the beneficiary's health in serious jeopardy; Beneficiaries when the services or supplies relate to family planning; Agenda Item No. 1689 July 27, 2004 Page 34 of 53 . . . . Non-Emergency Medicaid Transportation Page 32 of 51 Form Rev. 6/23/04 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED DRAFT SERVICE AGREEMENT · Beneficiaries who are receiving hospice services. A provider cannot deny service to a recipient based solely on the recipient's inability to pay a Medicaid co-payment. If the recipient is unable to pay at the time services are rendered, the provider may bill the recipient for the unpaid charge. 2.16 Subcontracted Transportation Provider Limitations The Subcontracted Transportation Provider is prohibited from: · Using fee-for-service ambulance transport in lieu of cost-effective and appropriate non-emergency transportation; · Limiting Medicaid beneficiaries to a specific number of medical trips for any specific time period if such limitation would effectively prevent the beneficiary from receiving necessary medical care; and · Limiting Medicaid beneficiaries to specific providers within a geographical range, establish trip zones, or use similar limitations for the purpose of restricting the distance required to receive medical services if such limitation would effectively prevent the beneficiary from receiving necessary medical care. C. 1. Term of Contract The Commission may provide an increase each year, beginning July 1, 2005, based on an increase in Medicaid eligibles. Such increases shall begin on July 1 for all subsequent years. The Commission reserves the right to determine whether an increase will be granted for each year and the level of increase to be provided. This contract may be renewed for a period that may not exceed three (3) years or the term of the original contract, whichever period is longer. Renewal of a contract shall be in writing and subject to the same terms and conditions set forth in the initial contract prior to contract termination. A renewal contract may not include any compensation for costs associated with the renewal. 2. Contract Billlna and Payment Non-emergency transportation services are mandatory Medicaid services that may not be restricted due to inadequate funding. Through this contract, the Subcontracted Transportation Provider accepts responsibility to provide or coordinate delivery of all non- emergency transportation services within the existing funds of this contract The Subcontracted Transportation Provider shall be paid upon satisfactory submission of receivables as designated in the contract. Non-Emergency Medicaid Transportation Page 33 of 51 Form Rev. 6/23/04 Section 215.422, Florida Statutes, provides that agencies have 5 working days to inspect and approve goods and services, unless bid specifications, contract or purchase order specifies otherwise. If payment is not available within forty (40) calendar days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Comptroller pursuant to Section 55.03, F. S., will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the Commission's Fiscal Section at (850) 488- 5869. Invoices returned to a Subcontracted Transportation Provider due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a Agenda Item No. 1689 July 27, 2004 Page 35 of 53 STATE OF FLORIDA COMMISSION FOR TIffi TRANSPORTATION DISADVANTAGED DRAFT SERVICE AGREEMENT properiy completed invoice is provided to the Commission. A Subcontracted Transportation Provider Ombudsman, whose duties include acting as an advocate for Subcontracted Transportation Providers who may be experiencing problems in obtaining timely payment(s) from a State Commission, may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1-800-848-3792. C. SPECIAL PROVISION(S): 1. Termination Procedures The Subcontracted Transportation Provider agrees to the termination procedures in Section 6. of the Commission's standard contract. The party initiating the termination shall render written notice of termination to the other party by certified mail, return receipt requested, or in person with proof of delivery, or by facsimile letter followed by certified mail, return receipt requested. The notice of termination shall specify the nature of termination, the extent to which performance of work under the contract is terminated, and the date on which such termination shall become effective. In accordance with 1932(e)(4), Social Security Act, the Commission shall provide the Subcontracted Transportation Provider with an opportunity for a hearing prior to termination for cause. After receipt by the Commission of final notice of termination, on the date and to the extent specified in the notice of termination, the Subcontracted Transportation Provider shall: a. Stop work under the contract, but not before the termination date. b. Pay all daims prior to and including the date of termination. c. Assign to the state those subcontracts as directed by the Commission's Contracting Officer including all the rights, title and interest of the Subcontracted Transportation Provider for performance of those subcontracts. d. Take such action as may be necessary, or as the Commission's contracting officer may direct, for the protection of property related to the contract which is in the possession of the Subcontracted Transportation Provider and in which the Commission has been granted or may acquire an interest. e. Not accept any payment after the contract ends unless the payment is for the time period covered under the contract. 2. Sanction Process a. Performance Improvement Plan Non-Emergency Medicaid Transportation Page 34 of 51 Form Rev. 6/23/04 If the Commission determines that the Subcontracted Transportation Provider is out of compliance with the provisions of the contract, the Commission may issue to the Subcontracted Transportation Provider, via certified mail, a request for a performance improvement plan (PIP). The Commission shall provide the Subcontracted Transportation Provider with a time certain that the corrections are to be made. The Subcontracted Transportation Provider must respond to the request within fifteen (15) calendar days by providing a PIP to the Commission. The Commission must approve the plan and submit the signed approval to the Subcontracted Transportation Provider prior to implementation of the PIP. The Commission may suggest changes or request a rewrite of the PIP and provide a specific deadline for Agenda Item No. 1689 July 27, 2004 Page 36 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORT A nON DISADVANTAGED DRAFT SERVICE AGREEMENT the rewrite. If the Subcontracted Transportation Provider does not meet the standards established in the PIP by the time certain, the Subcontracted Transportation Provider will be in violation of the provisions of the contract and is subject to sanctions. b. Sanctions If the Subcontracted Transportation Provider does not meet the standards established in the PIP by the time certain, the Subcontracted Transportation Provider will be in violation of the provisions of the contract and is subject to sanctions. If the Commission finds the Subcontracted Transportation Provider is in violation of the provisions of this contract, the Commission, at its discretion, may impose one or more of the following sanctions: · Payment withholding: withholding of monthly payments or a portion thereof to the Subcontracted Transportation Provider by the Commission; · Fines: imposition of a fine determined by the Commission for violation of the contract with the Commission. Fines shall not exceed an amount that is more than five (5%) percent of the total monthly payment to the Subcontracted Transportation Provider; and · Termination: pursuant to section 6 of the Commission's Standard Contract. Unless the duration of a sanction is specified, a sanction shall remain in effect until the Commission is satisfied that the basis for imposing the sanction has been corrected. 3. Maintenance of Insurance The Subcontracted Transportation Provider shall maintain liability or other insurance as reasonably necessary to provide coverage against losses and liabilities attributable to the acts or omissions of the Subcontracted Transportation Provider in the performance of the contract. 4. TravelExpenses The Subcontracted Transportation Provider shall not bill the Commission for any travel expenses. 5. Venue The contract shall be construed according to the laws of the state of Florida. Any legal proceedings against the state relating to or arising out of this contract or contractual relation shall be brought in the state of Florida administrative or judicial forums. Venue shall be in Leon County, Florida. 6. Subcontracts The Subcontracted Transportation Provider may subcontract work required by a contract resulting from this contract. The Commission may review any and all subcontracts at any time. The Commission may disapprove any subcontract at any time with sixty (60) calendar days notice. The Commission must provide each Subcontracted Transportation Provider with a unique identification number that will be used for data collection, data management, and reporting. ~on-Emergency Medicaid Transportation Page 35 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27,2004 Page 37 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTA nON DISADVANTAGED DRAFT SERVICE AGREEMENT 7. Assignment The Subcontracted Transportation Provider shall not assign the contract, in whole or in part, without the express written approval of the Commission. 8. Waiver No covenant, condition, duty, obligation, or undertaking contained in or made a part of the contract may be waived except by the written agreement of the parties, and a forbearance or indulgence in any other form or manner by either party in any regard whatsoever shall not constitute a waiver of the covenant, condition, duty, obligation, or undertaking to be kept, performed, or discharged by the party to which the same may apply. 9. Severabillty of Provisions If any provision of the contract is dedared or found to be illegal, unenforceable, or void, then both the Subcontracted Transportation Provider and the Commission shall be relieved of all obligations arising under such provision. If the remainder of the contract is capable of performance, it shall not be affected by such declaration or finding and shall be fully enforceable. However, the Commission shall reduce the amount of the contract accordingly. 10. Disputes Any dispute concerning performance of the contract shall be resolved by the Commission's Contract Manager, who shall reduce the decision to writing and serve a copy on the Subcontracted Transportation Provider. The decision of the Commission's Contract Manager shall be final and condusive. Jurisdiction for any dispute shall lie in circuit court with venue in Leon County, Florida. In any such review, the Subcontracted Transportation Provider shall have the burden to prove the decision of the Contract Manager to be incorrect. Pending final determination of any dispute, the Subcontracted Transportation Provider shall proceed diligently with performance of the contract and in accordance with the direction of the Commission's Contract Manager. 11. Inspection of Records and Work Performed The state and its authorized representatives shall, at all reasonable times, have the right to enter the Subcontracted Transportation Provider's premises, or other places where duties under the contract are performed. All inspections and evaluations shall be performed in such a manner as shall not unduly delay work. Refusal by the Subcontracted Transportation Provider to allow access to all records, documents, papers, letters, other materials or on-site activities related to contract performance shall constitute a breach of contract. The right of the state and its authorized representatives to perform inspections shall continue for as long as a Subcontracted Transportation Provider is required to maintain records. The Subcontracted Transportation Provider will be responsible for all storage fees associated with records maintained under the contract. The Commission shall give the Subcontracted Transportation Provider advance notice of cancellation pursuant to this provision and shall pay the Subcontracted Transportation Provider only those amounts that are eamed prior to the date of cancellation in accordance with the terms and conditions of the contract. Performance by the Commission of any of its obligations under this contract shall be subject to the Subcontracted Transportation Provider's compliance with this provision. 12. Accounting Non-Emergency Medicaid Transportation Page 36 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 38 of 53 STATE OF FLORIDA COMMISSION FOR TIIE TRANSPORT A nON DISADVANTAGED DRAFf SERVICE AGREEMENT The Subcontracted Transportation Provider shall maintain an accounting system and employ accounting procedures and practices that conform with generally accepted accounting principles and standards. All charges applicable to the contract shall be readily ascertainable from such records. The Subcontracted Transportation Provider is required to submit annual financial audits to the Commission within thirty (30) calendar days of receipt. 13. Confidentiality of Beneficiary Infonnation All personally identifiable beneficiary information obtained by the Subcontracted Transportation Provider shall be treated as privileged and confidential information and shall be used only as authorized for purposes directly related to the administration of the contract. The Subcontracted Transportation Provider must have a process that specifies that beneficiary-specific information remains confidential, is used solely for the purposes of data analysis and other Subcontracted Transportation Provider responsibilities under the contract, and is exchanged only for the purpose of conducting a review or other duties outlined in a contract. Any beneficiary-specific information received by the Subcontracted Transportation Provider can be shared only with those agencies that have legal authority to receive such information and cannot be otherwise transmitted for any purpose other than those for which the Subcontracted Transportation Provider is retained by the Commission. The Subcontracted Transportation Provider must have in place written confidentiality policies and procedures to ensure confidentiality and to comply with all federal and state laws (including the Health Insurance Portability and Accountability Act (HIPAA) governing confidentiality, including electronic treatment records, facsimile mail, and electronic mail). The Subcontracted Transportation Provider's contracts with others must explicitly state expectations about the confidentiality of information. If provider-specific data are released to the public, the Subcontracted Transportation Provider shall have policies and procedures for exercising due care in compiling and releasing such data that address statutory protections of quality assurance and confidentiality while assuring that open records requirements of Chapter 119, Florida Statutes, are met. Any releases of information to the media, the public, or other entities require prior approval from the Commission. 14. Force Majeure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this contract or interruption of performance resulting directly or indirectly from acts of nature, civil or military authority, acts of war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation to the extent such events are beyond the reasonable control of the party claiming excuse from liability resulting there from. 15. EEO Compliance The Subcontracted Transportation Provider shall not discriminate in its employment practices with respect to race, color, religion, age, sex, marital status, political affiliation, national origin, or handicap except as provided by law. 16. Patents, Royalties, Copyrights, Right to Data and Sponsorship Statement ~on-Emergency Medicaid Transportation Page 37 of 51 Form Rev. 6/23/04 The Subcontracted Transportation Provider, without exception, shall indemnify and save harmless the Commission and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unattended Agenda Item No. 16B9 July 27, 2004 Page 39 of 53 Sr ATE OF FLORIDA COMMISSION FOR TIm TRANSPORT A nON DISADVANTAGED DRAFT SERVICE AGREEMENT invention, process, or article manufactured or supplied by the Subcontracted Transportation Provider. The Subcontracted Transportation Provider has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by the Subcontracted Transportation Provider or is based solely and exclusively upon the Commission's alteration of the article. The Commission shall provide prompt written notification of a claim of copyright or patent infringement and shall afford the Subcontracted Transportation Provider full opportunity to defend the action and control the defense. Further, if such a claim is made or is pending, the Subcontracted Transportation Provider may, at its option and expense procure for the Commission the right to continue the use of, replace or modify the article to render it non-infringing (if none of the alternatives is reasonably available, the Commission agrees to return the article on request to the Subcontracted Transportation Provider and receive reimbursement, if any, as may be determined by a court of competent jurisdiction). If the Subcontracted Transportation Provider uses any design, device, or materials covered by letter, patent, or copyright, it is mutually agreed and understood without exception that the proposed prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. Where activities supported by the contract resulting from this procurement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the Commission has the right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If the materials so developed are subject to copyright, trademark, or patent, legal title and every right, interest, claim, or demand of any kind in and to any patent, trademark or copyright, or application for the same, shall vest in the state of Florida, Department of State for the exclusive use and benefit of the state. Pursuant to section 286.021, Florida Statutes, no person, firm, corporation, including parties to this contract shall be entitled to use the copyright, patent, or trademark without the prior written consent of the Florida Department of State. The Commission shall have unlimited rights to use, disclose, or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the Subcontracted Transportation Provider under any contract. 17. Applicable Laws and Regulations The Subcontracted Transportation Provider agrees to comply with all applicable federal and state laws and regulations, including but not limited to: Title 42 Code of Federal Regulations (CFR) Chapter IV, Subchapter C; Title 45 CFR, Part 74, General Grants Administration Requirements; Chapters 409, Florida Statutes; 59G- 4.330 Florida Administrative Code; all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970 as amended (42 USC 1857, et seq.); Chapter 427, Florida Statutes; 41.2, Florida Administrative Code; Title VI of the Civil Rights Act of 1964 (42 USC 2000d) in regard to persons served; 42 CFR 431, Subpart F; Section 504 of the Rehabilitation Act of 1973, as amended; 29 USC 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance; the Age Discrimination Act of 1975, as amended; 42 USC 6101 et. seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance; the Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance; the Medicare-Medicaid Fraud and Abuse Act of 1978; other federal omnibus budget reconciliation acts; Americans with Disabilities Act (42 USC 12101, et. seq.); and the Balanced Budget Act of 1997. The contract may be subject to changes in federal and state law, rules or regulations. :-.Jon-Emergency Medicaid Transportation Page 38 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 40 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORT A nON DISADVANTAGED DRAFT SERVICE AGREEMEl'Ii'T 18. State Ownership The Commission shall have unlimited rights to use, disclose, or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the Subcontracted Transportation Provider as a result of the contract. 19. Symbols, Emblems or Names in Reference to Medicaid No person or program may use, in connection with any item constituting an advertisement, solicitation, circular, book, pamphlet or other communication, or a broadcast, telecast, or other production, alone or with other words, letters, symbols or emblems the words "Medicaid," or "Agency for Health Care Administration," except as required by the contract, unless prior written approval is obtained from the Commission. State and local governments are exempt from this prohibition. A disclaimer that accompanies the inappropriate use of program or Commission terms does not provide a defense. Each piece of mail or information constitutes a violation. 20. AuditslMonitoring Provisions The Commission may conduct, or have conducted, performance and/or compliance reviews, reviews of specific records or other data as determined by the Commission. The Commission may conduct a review of a sample of beneficiary and other Subcontracted Transportation Provider records to verify the quality of the Subcontracted Transportation Provider's services. Reasonable notice shall be provided for reviews conducted at the Subcontracted Transportation Provider's or place of business. Reviews may include, but shall not be limited to, reviews of procedures, computer systems, accounting records, and internal quality control reviews. The Subcontracted Transportation Provider shall work with any reviewing entity selected by the state. The Commission is permitted to monitor and review the transportation operations and services of the Subcontracted Transportation Provider, services that are under agreement with a provider, or subcontracted services to Medicaid beneficiaries. This monitoring and review by said entities includes on-site visits and other monitoring methods to assure that the Subcontracted Transportation Provider and the Subcontracted Transportation Provider's subcontracted providers are complying with the requirements of the contract. These representatives shall also have access to all financial and statistical reports, supporting documents, and any other documents pertinent to this Agreement. Non-Emergency Medicaid Transportation Page 39 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 41 of 53 STATE OF FLORIDA COMMISSION FOR TIlE TRANSPOR TA TION DrsADv ANT AGED DRAFT SERVICE AGREEMENT Exhibit B METHOD OF COMPENSATION This Exhibit forms an intergral part of the Contractual Service Agreement, dated by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED and For the satisfactory performance of the services and the submittal of Encounter Data as outlined in Exhibit A Scope of Services, the Subcontracted Transportation Provider shall be paid up to a maximum amount of $ . The Subcontracted Transportation Provider shall submit monthly invoices (3 copies) in a fonnat acceptable to the Commission The Subcontracted Transportation Provider will be paid, after the Commission has received payment from ACHA, in equal payments of $_ per month, unless otherwise approved by the Commission's Executive Director. Project Cost: The Subcontracted Transportation Provider shall request payment through submission of a properly completed invoice to the Commission Contract Manager or its designee. Once the Commission has signed the invoice for approval, the Commission shall submit the approved invoice to the DOT Disbursement Operations Office for payment to the Subcontracted Transportation Provider. Total Amount not to Exceed $ 2. Disbursement Schedule of Funds Sept. Oct Nov Dec Jan Feb March April May June FY 04/05 Non-Emergency Medicaid Transportation Page 40 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27,2004 Page 42 of 53 STATE OF FLORIDA COMMISSION FOR THE T'RANSPOR T A nON DISADVANTAGED DRAFf SERVICE AGREEMENT ATTACHMENT 1 CERTIFICATION REGARDING HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 COMPLIANCE Subcontracted Transportation Provider Service Agreement Medicaid Non-Emergency Transportation This certification is required for compliance with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPM) The undersigned Provider certifies and agrees as to abide by the following: 1. Protected Health Information. For purposes of this Certification, Protected Health Information shall have the same meaning as the term "protected health information" in 45 C.F.R. 9 164.501, limited to the information created or received by the Provider from or on behalf of the Agency. 2. Limits on Use and Disclosure of Protected Health Information. The Provider shall not use or disclose Protected Health Information other than as permitted by this Contract or by federal and state law. The Provider will use appropriate safeguards to prevent the use or disclosure of Protected Health Information for any purpose not in conformity with this Contract and federal and state law. The Provider will not divulge, disclose, or communicate Protected Health Information to any third party for any purpose not in conformity with this Contract without prior written approval from the Agency. The Provider will report to the Agency, within ten (10) business days of discovery, any use or disclosure of Protected Health Information not provided for in this Contract of which the Provider is aware. A violation of this paragraph shall be a material violation of this Contract. 3. Use and Disclosure of Information for Manaaement. Administration. and Leaal Resoonsibilities. The Provider is permitted to use and disclose Protected Health Information received from the Agency for the proper management and administration of the Provider or to carry out the legal responsibilities of the Provider, in accordance with 45 C.F.R. 164.504(e)(4). Such disclosure is only permissible where required by law, or where the Provider obtains reasonable assurances from the person to whom the Protected Health Information is disclosed that: (1) the Protected Health Information will be held confidentially, (2) the Protected Health Information will be used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and (3) the person notifies the Provider of any instance of which it is aware in which the confidentiality of the Protected Health Information has been breached. 4. Disclosure to Aaents. The Provider agrees to enter into an agreement with any agent, including a subcontractor. to whom it provides Protected Health Information received from, or created or received by the Provider on behalf of, the Agency. Such agreement shall contain the same terms, conditions, and restrictions that apply to the Provider with respect to Protected Health Information. 5. Access to Information. The Provider shall make Protected Health Information available in accordance with federal and state law, including providing a right of access to persons who are the subjects of the Protected Health Information. 6. Amendment and Incorcoration of Amendments. The Provider shall make Protected Health Information available for amendment and to incorporate any amendments to the Protected Health Information in accordance with 45 C.F.R. S 164.526. 7. Accountina for Disclosures. The Provider shall make Protected Health Information available as required to provide an accounting of disclosures in accordance with 45 C.F.R. 9 164.528. The Agenda Item No. 1689 July 27,2004 Page 43 of 53 Non-Emergency Medicaid Transportation Page 41 of 51 Form Rev. 6/23/04 STATE OF FLORIDA COMMISSION FOR THE T'RANSPOR T AnON DISADVANTAGED DRAFf SERVICE AGREEMENT Provider shall document all disclosures of Protected Health Information as needed for the Agency to respond to a request for an accounting of disclosures in accordance with 45 C.F.R. 9 164.528. 8. Access to Books and Records. The Provider shall make its internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Provider on behalf of, the Agency to the Secretary of the Department of Health and Human Services or the Secretary's designee for purposes of determining compliance with the Department of Health and Human Services Privacy Regulations. 9. Termination. At the termination of this Contract, the Provider shall return all Protected Health Information that the Provider still maintains in any form, including any copies or hybrid or merged databases made by the Provider; or with prior written approval of the Agency, the Protected Health Information may be destroyed by the Provider after its use. If the Protected Health Information is destroyed pursuant to the Agency's prior written approval, the Provider must provide a written confirmation of such destruction to the Agency. If return or destruction of the Protected Health Information is determined not feasible by the Agency, the Provider agrees to protect the Protected Health Information and treat it as strictly confidential. CERTIFICATION The Provider has caused this Certification to be signed and delivered by its duly authorized representative, as of the date set forth below. Provider Name: Signature Date Name and Title of Authorized Signer ..- Non-Emergency Medicaid Transportation Page 42 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27,2004 Page 44 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORT A nON DISADVANTAGED DRAFf SERVICE AGREEMENT ATTACHMENT 2 DRUG-FREE WORKPLACE CERTIFICATION Subcontracted Transportation Provider Service Agreement Medicaid Non-Emergency Transportation In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or Contractual services that are under bid a copy of the statement specified in subsection 1). I n the statement specified in subsection 1), notify the employees that, as a condition of working on the commodities or Contractual services that are under bid. the employee will abide by the terms of the statement and will notify the employer of any conviction of. or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States of any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature :"\on-Emergency Medicaid Transportation Page 43 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27,2004 Page 45 of 53 ST ATE OF FLORIDA COMMISSION FOR THE l'RANSPOR T A nON DISADVANTAGED DRAFT SERVICE AGREEMENT ATTACHMENT 3 FINANCIAL AND COMPLIANCE AUDIT Subcontracted Transportation Provider Service Agreement Medicaid Non-Emergency Transportation The administration of resources awarded by the Commission for the Transportation Disadvantaged to the Subcontracted Transportation Provider may be subject to audits and/or monitoring by the Commission. Monitorina In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Agency staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the Subcontracted Transportation Provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the Subcontracted Transportation Provider is appropriate, the Subcontracted Transportation Provider agrees to comply with any additional instructions provided by the Commission to the Subcontracted Transportation Provider regarding such audit. The Subcontracted Transportation Provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: Federally Funded This attachment is applicable if the Subcontracted Transportation Provider is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. I n the event that the Subcontracted Transportation Provider expends $300,000 or more in Federal awards in its fiscal year, the Subcontracted Transportation Provider must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. PART VI of this agreement indicates Federal resources awarded through the Commission. In determining the Federal awards expended in its fiscal year, the Subcontracted Transportation Provider shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Subcontracted Transportation Provider conducted by the Auditor General in accordance with the provisions of OMB Circular A-133. as revised, will meet the requirements of this part. 1. I n connection with the audit requirements addressed in Part I, paragraph 1., the Subcontracted Transportation Provider shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. ,- If the Subcontracted Transportation Provider expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised. is not required. In the event that the Subcontracted Transportation Provider expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such an audit must be paid from the Subcontracted Transportation Provider resources obtained from other than Federal entities). Non-Emergency Medicaid Transportation Page 44 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 46 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORT A nON DISADVANTAGED DRAFT SERVICE AGREEMENT 2. Information concerning this section can be found on the Federal Office of Management and Budget Web page at: http://www.whitehouse.gov/omb/index PART II: State Funded This part is applicable if the Subcontracted Transportation Provider is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the Subcontracted Transportation Provider a total amount of State Financial Assistance (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such Subcontracted Transportation Provider, the Subcontracted Transportation Provider must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Govemor and the Comptroller, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. PART VI of this agreement indicates State Financial Assistance awarded through the Commission by this agreement. In determining the State Financial Assistance expended in its fiscal year, the Subcontracted Transportation Provider shall consider all sources of State Financial Assistance, including State Financial Assistance funds received from the Commission, other state agencies, and other nonstate entities. State Financial Assistance does not include Federal direct or pass- -through awards and resources received by the nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the Subcontracted Transportation Provider shall ensure that the audit complies with the requirements of Section 215.97 (7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Subcontracted Transportation Provider expends less than $300,000 in State Financial Assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Subcontracted Transportation Provider expends less than $300,000 in State Financial Assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (Le., the cost of such an audit must be paid from the Subcontracted Transportation Provider's resources funds obtained from other than State entities). 3. Information concerning this section can be found on the State of Florida Web page at: http://www.myflorida.com/myfloridaJgovernmentlgovemorinitiatives/fsaaJ PART III: Other Audit Requirements 1. 45 CFR, Part 74.26(d) extends OMB requirements, as stated in Part I above, to for-profit organizations. PART IV: Report Submission Copies of reporting packag(;!s for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Subcontracted Transportation Provider directly to each of the following: Commission for the Transportation Disadvantaged 605 Suwannee Street, MS-49 Tallahassee, FL 32399-0450 State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 Agenda Item No. 1689 July 27,2004 Page 47 of 53 Non-Emergency Medicaid Transportation Page 45 of 51 Form Rev. 6/23/04 STATE OF FLORIDA COMMISSION FOR THE TRANSPORT A nON DISADVANTAGED DRAFf SERVICE AGREEMENT Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Subcontracted Transportation Provider shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133. as revised, and any management letters issued by the auditor, to the Commission at the Commission's Contract Manager. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the Subcontracted Transportation Provider directlv to each of the following: Commission for the Transportation Disadvantaged 605 Suwannee Street, MS-49 Tallahassee, FL 32399-0450 State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the Subcontracted Transportation Provider directlv to: Commission for the Transportation Disadvantaged 605 Suwannee Street, MS-49 Tallahassee, FL 32399-0450 State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 C. The Federal Audit Clearinghouse designated in OMB Circular A-133. as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 1 Olh Street Jeffersonville, IN 47132 Any reports, management letters, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMS Circular A-133, Florida Statutes. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Subcontracted Transportation Providers, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133, orland Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit) organizations, Rules of the Auditor General, should indicate the date that the reporting package was delivered from the auditor to the Subcontracted Transportation Provider in correspondence accompanying the reporting package. This can be accomplished by providing the cover letter from the reporting package received from the auditor or a cover letter indicating the date the audit reporting package was received by the Subcontracted Transportation Provider. PART V: Record Retention The Subcontracted Transportation Provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The Subcontracted Transportation Provider shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued unless extended in writing by the Commission. Non-Emergency Medicaid Transportation Page 46 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 48 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED DRAFf SERVICE AGREEMENT NOTE: Section .400(d) of the OMB Circular A-133, as revised, and Section 215.97 (5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Part VI of this attachment be provided to the Provider organization if the Provider is determined to be a recipient. If Part VI is not included the Provider has not been determined to be a recipient as defined by the above referenced reverenced federal and state laws. ~on-Emergency Medicaid Transportation Page 47 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 49 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DrSADv ANT AGED DRAFf SERVICE AGREEMENT ATTACHMENT 5 GLOSSARY Subcontracted Transportation Provider Service Agreement Medicaid Non-Emergency Transportation ADA (Americans with Disabilities Act) -- Includes regulations for agencies and entities that provide services to persons with disabilities. Backaround Check -- An investigation of the person's criminal history. Back-up Service - Emergency or back-up vehicles and/or personnel dispatched by the Subcontracted Transportation Provider when a vehicle has become disabled, is otherwise unable to meet transportation service standards or when specifically requested by the Subcontracted Transportation Provider. Business Day -- The business office must be open at a minimum between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Climate Control System - The heating or air conditioning system of the vehicle in question. CMS (Centers for Medicare and Medicaid Services) -- The organizational unit of DHHS responsible for administering Title XIX of the Social Security Act, which is Medicaid. DHHS - The United States Department of Health and Human Services. Deliverable -- Each documentation, report, manual, and every other item that the Subcontracted Transportation Provider is required to produce under the terms and conditions of this Contract. Dependent - An individual under the age of eighteen (18). A dependent may be a Medicaid recipient. Dispatchina - The act of designating a specific vehicle and driver to pick-up and deliver a Medicaid recipient. Eliaible (Medicaid Eliaible) - A person who is determined to be eligible for Medicaid services by the Social Security Administration, or Department of Children and Families. Emeraency Care - Care that is medically necessary as a result of a sudden onset of a medical condition manifesting itself by acute symptoms of such severity that the absence of immediate attention could reasonably be expected to result in serious dysfunction of any bodily part or death of the individual. Encounter Data - Data on transportation services provided to Medicaid recipients. Escort -- An individual whose presence is required to assist a recipient during transport and while at the place of treatment. Escorts cannot be charged any cost for transportation when accompanying a recipient requiring assistance. EVS (Eliaibilitv Verification System) - A system for verifying recipient eligibility for Medicaid services, usually by direct, on-line computer hook-up. Fixed Route - Service in which the vehicle(s) repeatedly follows a consistent time schedule and stopping points over the same route, whereby such schedule, route or service is not at the user's request. Non-Emergency Medicaid Transportation Page 48 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 50 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED DRAFf SERVICE AGREEMENT FTE (Full-time Eauivalent) - The result of the division of the sum of all part-time employee hours by the standard number of hours for a full-time employee. Gatekeeoina - The verification that a caller is actually an eligible Medicaid recipient, that Medicaid transportation is needed, and the appropriate type of transportation needed. Imolementation Work Plan -- A plan developed by the Commission, which includes all the activities required to successfully begin operations under this Contract. Indeoendent Contractor - See transportation provider. In State/Out-of-State Travel -- In-state travel refers to all NET services the Subcontracted Transportation Provider is responsible to assure delivery within the boundaries of the State of Florida and within a line drawn outside the Florida border. Out-of-state travel refers to travel outside of the predetermined border limit. Intake and Screenina - See gatekeeping. Medicaid ID Number - A unique identification number assigned to each Medicaid recipient for eligibility card issuance and claims submittal purposes. Medical Necessity - Medicaid reimburses for transportation services if they do not duplicate another provider's services and are determined medically necessary by meeting all of the following criteria: Individualized, specific, consistent with symptoms or confirmed diagnosis of the illness or injury under treatment, and not in excess of the recipient's needs; Not experimental or investigational; Reflective of the level of services that can be safely furnished, and for which no equally effective and more conservative or less costly treatment is available statewide; and Furnished in a manner not primarily intended for the convenience of the recipient, the recipient's caretaker, or the provider. The fact that a provider has prescribed, recommended, or approved medical or allied care, goods, or services does not, in itself, make such care, goods or services medically necessary or a covered service. Medicare -- The federal medical assistance program that is described in Title XVIII of the Social Security Act It is not the same as Medicaid. Minibus - A multiple passenger van, and also includes buses, sedans, and taxi. Monitorina - The Commission shall monitor the Subcontracted Transportation Provider's performance of duties under this Contract by a variety of methods. Satisfactory, quality performance is required. NET (Non-Emeraencv Transoortation) - In accordance with federal regulations (42 CFR 431.53), the Non-Emergency Transportation (NET) program offers transportation services for Medicaid recipients who need to secure necessary medical care and have no other means of transportation. NET Trio - A one-way transportation service from the recipient's place of origin to the place where a covered medical service will be provided to that recipient or the reverse or from one covered medical service to another. NF -- Nursing facility or nursing home. Non-Emeraencv Transoortation Services -- These are non-emergency transportation services provided to Medicaid recipients by Subcontracted Transportation Providers and transportation operators that provide recipients with access to necessary medical services when the recipients have no other personal transportation available. Non-Emergency Medicaid Transportation Page 49 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 P:3ge 51 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED DRAFf SERVICE AGREEMENT Ooerational Procedures Manual - A manual developed by the Subcontracted Transportation Provider that presents the procedures for scheduling, after-hours services, urgent care, driver customer service standards, record keeping requirements for drivers, etc. Public Transoortation - City, county or municipal subway, bus, rail, and other transportation services available in a number of locations in Florida. Recipient -- An individual eligible for medical assistance in accordance with the State's Medicaid program who has been certified as such by the Social Security Administration and the Department of Children and Families. Recipient Appeal - Recipients have the right to appeal when the Provider has denied or terminated or suspended NET services to them. Recioient Residency - The county or service area within which the Medicaid recipient is regularly domiciled. Recipient Intake Worksheet -- A worksheet containing information about the recipient and the required health care service the Subcontracted Transportation Provider must complete at the time of contact for each scheduling request by a recipient. Reservation -- The verification of a trip for a recipient at a specific time and place for pick-up and delivery to a speCific destination. Schedulina - The process through which a Medicaid recipient contacts the Subcontracted Transportation Provider who assigns the trip to the most appropriate transportation provider. Normally, this must be done at least three (3) days before the NET service is required. Schedulina Day/Hours - Any day or time when the Subcontracted Transportation Provider is expected, under the terms of this Contract, to have personnel available for scheduling NET services. Designated hours during which scheduling of appointments can be done is a mandated function of the Subcontracted Transportation Provider. Service Aareement - A Contract between a Commission and a transportation provider for the delivery of transportation services. Social Securilv AdMinistration (SSA) - The federal agency that determines eligibility for SSI, including Medicaid benefits. State -- State of Florida. State Medicaid Plan -- The comprehensive written commitment by a Medicaid agency, submitted under section 1903(a) of the Social Security Act, to administer or supervise the administration of a Medicaid program in accordance with federal and state requirements. Stretcher (Non-emerQencY) Van - An enclosed vehicle that accommodates a litter and is equipped with locking devices to secure the litter during transit. Recipients using this vehicle must be non-ambulatory and need the assistance of at least two persons in order to be transported to and from the vehicle and health care provider in a reclined position. No flashing lights, sirens or emergency equipment are required. Subcontractor -- A person, company or organization the Commission enters into a Contract with to provide the services delivered under this Contract Subscriotion Trio -- A standing order for a trip on a set schedule, e.g., every Tuesday afternoon at 2:00 p.m. Non-Emergency Medicaid Transportation Page 50 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 52 of 53 STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED DRAFf SERVICE AGREEMEj'\ji SSI (Supplemental Security Income) -- A type of cash assistance received by individuals determined eligible by the Social Security Administration. Medicaid benefits are included in the eligibility determination made by the Social Security Administration. TTY (Text Telephonv) -- A specially designed telephone device equipped with a keyboard and small screen, which allows two-way conversation. This service may also be available in software to modem personal computer compatibility. Transportation Operator -- Those entities that own and operate vehicles engaged in the direct delivery of transportation and provide services to recipients through the scheduling of the Subcontracted Transportation Provider. Transportation Service Aareement -- An agreement (Contract) between a Commission and a transportation provider for the delivery of transportation services. Urqent Care -- An unscheduled episodic situation in which there is no threat to life or limb but the recipient must be seen on the day of the request under currently accepted standards of care. Treatment cannot be put off until the next day. Hospital discharge shall also be considered as urgent care. This requirement shall also apply to appointments established by medical care providers allowing insufficient time for routine three (3) day scheduling. Valid requests for urgent care transport shall be acknowledged for scheduling within three (3) hours of the time the request is made. Vehicle Identification Number NIN) - The unique number given to each vehicle produced by a manufacturer. Vehicle Manifest -- A log which is kept by the vehicle driver that reports information on all trips with that vehicle: names of driver and recipients, times, pick-up and delivery points, odometer readings, etc. Vendor -- An entity that is responsible for recruiting and Contracting with transportation providers; payment administration; quality assurance of services; and administrative oversight and reporting. Volunteer Transportation -- Transportation provided by individuals or agencies that receive no compensation or payment other than minimal reimbursement for mileage for the provision of these transportation services. Wheelchair Van -- A van equipped with lifts and locking devices to safely secure a wheelchair while the van is in motion. Work Dav - For purposes of establishing business hours and satisfying reporting requirements: a minimum of Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. with the exception of New Years Day, Memorial Day, July Fourth, Labor Day, Thanksgiving Day and the day after, and Christmas Day. Non-Emergency Medicaid Transportation Page 51 of 51 Form Rev. 6/23/04 Agenda Item No. 1689 July 27, 2004 Page 53 of 53 ,,- EXECUTIVE SUMMARY Recommendation to approve a donation from the Lely Golf Estates Civic Association to the Lely Golf Estates Beautification MSTU in the amount of $7395.12 for 50% of the refurbishment cost of the MSTU's entrance monuments OBJECfIVE: To obtain Board approval of a donation from the Lcly Golf Estates Civic Association to the Lely Golf Estates Beautification MSTU in the amount of $7395.12 for 50% of the refurbishment costs to the Lcly Golf Estates entrance monuments at the intersection of St. Andrews Blvd. and U.S. 41. CONSIDERATION: At the Dccember 18, 2003 Lcly Golf Estates Beautification MSTU Advisory committee meeting, the committee met with, agreed upon a concept for, as well as agreed to partner with the Lely Golf Estates Civic Association by sharing the costs equally for the refurbishment of the Lcly Golf Estates Monuments at their entrance at St. Andrews Blvd. and U.S. 41. FISCAL IMPACT: Total cost of project is .$14,790.24, in which $7,395.12 is coming from the Lely Golf Estates Beautification MSTU and $7,395.12 is coming from the Lely Golf Estates Civic Association. A budget amendment is needed to recogni7.e 7,395.12 rcimbursemenl'i trom the Lely Golf Civic A'isoc"iation and appn)priatc within the project. ~ GROWTH MANAGE1\iIENT IMPACT: None. RECOMMENDATION: For the Board to accept a donation in the amount of $7,395.12. which is 50% of the refurbishment costs to the entrance monuments at St. Andrews Blvd. and U.S. 41 from the Lely Golf Estates Civic Association to the Lely Golf Estates Beautitication MSTU and approve the neccssaxy budget amendment. ..-.. Agenda Item No. 16810 July 27, 2004 Page 1 of 9 \.- GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMIITEE 2705 Horseshoe Drive South Naples. FI 34104 December 18. 2003 MINUTES I. The meeting was called to order at 3:58 PM by Chairman Robert Slebodnlk. II. Attendance: Members: Tony Branco. Robert Cole. Bill Erickson. Robert Slebodnik: and Ron Torp. County: Bob Petersen-landscape Operations. Joanne Hartman-MSTU Operations Coordinator and Diane Flagg-Director of Alternative Transportation Modes and Landscape Operations Others: George Ramsey-President Lely Civic Assn.. Jennifer Tanner-Board Member Lely Civic Assn.. Shirley Ingersall-Chr. Hearing Committee. Michael McGee-McGee & Assoc.. Douglas Green-Green Heron. Sue Chopin-Manpower Services. ,.".- Bob Petersen introduced Joanne Hartman who is the MSTU Operations Coordinator and Sue Chapin with Manpower who will transcribe the minutes for the Committee. III. Approval of Agenda: Move Item VIII to follow IV due to Mr. Branco having to leave by 4:30 PM. IV. Approval of MInutes - October 16. 2003 Item 8 - E. Small sign was questioned - Bob Petersen explained it was a sign that identities Royal Palm Country Club located in their community. Robert Cole moved to accept the minutes of October 16, 2003. Second by Bill Erickson. Carried unanimously 5-0. ,- VIII. Lely Entrance SIgns A. Update - Tony Branco Several items need to be agreed upon such as: . Acceptance of design and layout . Text and copy . Contractor Issues with pros and ~ons: . Tie into Lely Resort Community has been agreed upon . Identifying it as Lely Golf & Country Estates Agenda Item No. 16810 July 27, 2004 Page 2 of 9 · Including - Deed Restncted Community - on sign. Tony gave his views on this subject and mentioned he had contacted many from the Naples Board of Realtors in which they expressed that text would reduce the demands for property in the Community. · Text Lettering - Gold - high gloss vs. brushed finish (high gloss has tendency to reflect a dark background) Tony showed a sample of the brushed finish to the Committee. VII. Hearing of the Public: Shirley Ingersoll - Lely Board Fining Committee Chairman She questioned if it is the MSTU that will make the decision of the sign. Bob Petersen responded the MSTU and Collier County own the signs and the property that was deeded to them by the Developer. The decision should be a combined effort of both groups. George Ramsey - President Lely Civic Assn. He gave a history of the color and verbiage on the sign. The estimated cost is $4, 1 71 per wall for lettering. They have gotten positive calls of placing "Lely Golf Estates - A Deed Restricted Community" on the sign. The members of the Civic Association want "a deed restricted community" on the sign. A lengthy discussion followed on the "deed restricted community" being placed on the sign and reasons for and against. Jennifer Tanner - Administrator Lely Civic Assn. She interviewed several persons over the summer and gave them a copy of the covenants. Each expressed positive feelings of the community being a deed restricted community. A buyer cannot close on a property until they have received a copy of the Rules and Regulations. Tony Branco only sees the downside of including "deed restricted community" on the sign. Bob Slebodnik handed out two motions concerning the sign. (Attached) Bob Slebodnik moved the design for the US 41/St. Andrews Blvd. entrance signs presented by George Ramsey, President of the Lely Civic Assn., be approved. The material to be used is heavy aluminum coated with titanium to look like polished brass. The letters will be at least one inch thick and are to be raised a minimum of one inch from Agenda Item No. 16810 July 27, 2004 Page 3 of 9 2 ,- the surface of the wall. The Walls are to have a faux finish that resembles the marble used at the Lely Resort entrance. The expense of this slgnage will be shared equally by the Lely Civtc Assn. and the Lely MSTU. Second by Bill Erickson. - Bob Petersen clarified the size of the sign for bidding purposes. - Tony asked about the fleur-de-lis and favors the original Lely fleur-de-lis logo on the Lely letterhead rather than the one that looks Old English. - Tony Branco pointed out the difference of the polished brass and brushed gold discussed earlier. Mr. Slebodnlk amended his motion to state the final decision on the polished or brushed gold be left up to the sign company and the fleur- de-lis be the original Lely fleur-de-lis logo. Mr. erickson amended his second. - The cost of the project will be taken out of "contingency account." Motion carried 4-1. Tony Branco voted "no". VI. Grant Award - Diane Flagg - Two grants had been applied for - One for Sidewalks and the other for landscaping the front entry. - Diane stated there were additional monies from other Enhancement Grants she had received, so she moved $69,800 to fully fund the Lely grants with no matching funds from the MSTU. The money will be awarded during the 2006/07 fiscal year. - Sidewalk portion is being done before the Landscaping of the front entry. The project will also include the extension drainage pipes and rebuilding the small bridge on St. Andrews Blvd. V. Landscape Maintenance Report - Green Heron - Mulching completed - Normal irrigation maintenance - Turf being treated for improvement of color next week - Pest Control spraying next week - Have not switched to city water yet - still on reclaimed water. Items broucht uo bv Committee members: - Move Mulch away from Palms - Planting of Bougainvilleas - Credit on installation of Bougainvilleas/due to no irrigation for 21 days. {Credit on installation charge on 20% of the Bougainvilleas that were installed. - Island 15 & 17 bougainvilleas not looking good - Irrigation leak #7 had been addressed - Scalping of grass - medians 1 & 2 irrigation problem (looks dry) Doug stated it is probably thatch build up as it is being cut at the Agenda Item No. 16810 July 27, 2004 Page 4 of 9 3 2 '12-3 inches. - Spraying technicians need to be more observant and cautious with their techniques. ITony Branco leH at 4:55} - Mike McGee mentioned they need to clean sand and resurface the benches on Dora!. Signs on Doral - Bob Slebodnlk moved at a later date the Lely Civic Assn. may bring before the committee a design for the Ooral entrance. Final approval for the sign will rest with the Lely MSTU Committee. Second by Bill Erickson. Carried unanimously 4-0. IX. TransportatIon Operations Report - Bob Petersen A. Current Budget - Joanne Hartman handed out the Budget {Attached} and explained the various items and P.O's. X. Committee Reports: A. Budget Projection Report - Bill Erickson - will give report at next meeting. Bob Petersen suggested an advance on the monies for the Grant. B. US 41 Entrance Landscape Committee - Ron Torp, Mike McGee - Mike McGee gave report on doing a refurbishment on St. Andrews Blvd. from Pebble Beach to US 41. Right-of-way is limited and working with Private Property owners is necessary. - Amendment needed for two easements - Researched and verified decorative lighting - near major arterial 3 foot candle light limit required. - Pulling out 4 poles - route sidewalk around existing poles - Approx. $2,000 to remove the 4 poles. XI. Landscape Architect's Report - MIke McGee XII. Old Business: A. RIsk Management Update - no information at this time. XIII. New BusIness: A. TIme Table for Front Entrance Landscaping - Bob Slebodnik and Bob Petersen set up a time table for accomplishing the various tasks for the renovation of the medians on St. Andrews Blvd. from Forest Hills to US 41 and for beautification of the front entry from Pebble Beach Blvd. to US 41. (Attached) The report was discussed and noted it is flexible. B. Required Motions which are necessary to proceed on Front Entry: 4 Agenda Item No. 16810 July 27, 2004 Page 5 of 9 Bill Erickson moved the Lely Golf Estates Beautification MSTU Advisory Board request & recommend to the BCC that the MSTU Advisory Board be granted final approval authorization of layout & finishes prior to construction. Through the Advisory Board's liaison, Bob Petersen & the Advisory Board's Landscape Architectural Consultant, McGee & Assoc. This would include the St. Andrews Blvd. drainage canal bridge and the proposed sidewalks within the St. Andrews r1ght-ot-way from Pebble Beach Blvd. to US 41. Second by Robert Cole. Carried unanimously 4-0. Robert Cole moved the Lely MSTU Advisory Board recommends Collier County enter into easement agreements and/or modify the existing entrance monument and maintenance easements with the adjacent property owners along st. Andrews Blvd. being; Lely Presbyterian Church, Buena Vida. Lely Square and Lely Plaza. Second by Ron Torp. Carried unanimously 4-0. Bill Erickson moved to direct Bob Petersen, to prepare an executive Summary, to request the BCC advance the Lely Golf Estates Beautification MSTU Advisory Board a sum of money needed to complete the entry project In the spring of '04. The amount of the loan would be determined at the next meeting, Second by Robert Cole. Carried unanimously 4-0. C. Other - (Old Business) Robert Cole would like to see the lights fixed on the entrance side of St. Andrews and the light on the American Flag. Bob Petersen addressed the issue stating E. B. Simmons will do the work. XIV. Public Comments: None Being no further business to come before the Committee Bill Erickson moved and second by Ron Torp to adjourn. The meeting adjourned at 5:40 PM. The next meetina will be Januarv 15. 2004 at 4:00 PM Collier County Landscape Operations 2705 Horseshoe Drive South Naples, FL 34104 5 Agenda Item No. 16810 July 27, 2004 Page 6 of 9 ~ Page 1 I 2 FEE FL FAUX 6080 12TH AVE SW NAPLES FL 34116 PO number/date 4500026454 / 03/29/2004 Contact person/Te/ephone Planning D.Flagg Our Tax ID no. 21-07-019995-53C Send invoice to: Board of County Commissioners Attn: Pinance Department P_O.Box 413016 Naples, Pl. 34101-3016 Your vendor number with us 108325 Please deliver to: LANDSCAPE MAINTENANCE HORSESHOE SQUARE 2705 S HORSESHOE DR NAPLES FL 34104 Delivery date: Day 09/30/2004 Terms of delivery: FOB DESTINATION Terms of payment: Net 30 Days (20 business days) Item Material Order qty. Description Unit Price per unit Net value 00010 4,725.00000 each Pressure Clean Two walls Lely Resort 1. 00 4,725.00 152-162541-634999-0 Quotes Fee F Faux 4725.00 Royal Palm Painting No quote Robert Shockley Interior 6500.00 THIS ORDER SUBJECT TO THE FOLLOWING CONDITIONS: 1. This purcha.. order ,. considered to be a single CMtract. Paynwll will be made upon completion 01 total order. No pertial peyrnenIS will be made witllout proper au1l'lorlzllllon. 2. Purena... order number muS1 appear on all invoieel,paet<ages.or correapondence. 3. The Counly reserves 1he right to cancel any portion of th" order ~ not filled as specHlod. 4. Payment wiN be made only in accordance with this order. correctiona or price adju_s must be authortzed by the Purchasing Director prior to ahipment 01 goods. 5. OeIective goods wi. be promptly returned at your expen... and credit taken. 6. DISCOunts of prompt payment will be compuled from dale of receipt of goods or lrom date of receipt of invoices. _IYer is laler. 7. It is agreed, Ihat goods delivered shall comply with all lederel. state. or locai laws relative thereto, and that 1he Vendor shall defend actioN or cIalma brought and save harmlesa the buyer from loss, COlt, or damage try reason of actual or alleged inln9""*"S of leller patent. 6. Unless the Vendor indIcates o<I1e"".... initiation 01 wort< shall consltute acceptance of the Purcha.. orner including all anaenmants. 9. The Vendor agrees to reimbursement of travel elq)8f1"s in accordance with Florida Statute Chapter 112.061. Per Diam and Travel Elq)8f1ses of Public OIficertl. employeea and authorized persons. '0 All shipments to be FOB Destinalion. Agenda Item No. 16810 July 27,2004 Page 7 of 9 Page 1 I 1 ~~;:'~"<' ,: -~~.. .>; <? ,-- <<'': ~, 'I i:.~.~~~i,i.\ l~~~~~~'~'~'''-:1 LYKINS SIGNTEK INC 5935 TAYLOR RD NAPLES FL 34109 PO number/date 4500026482 / 03/30/2004 Contact persorVTelephone planning D. Flagg Our Tax ID no. 21-07-019995-53C Send invoice to: Board of County Commissioners Attn: Finance Department P.O.Box 413016 Naples, Fl. 34101-3016 Your vendor number with us 101881 Please deliver to: LANDSCAPE MAINTENANCE HORSESHOE SQUARE 2705 S HORSESHOE DR NAPLES FL 34104 Delivery date: Day 09/30/2004 Terms of delivery: FOB DESTINATION Terms of payment: Net 45 Days Item Material Order qty. Description Unit Price per unit Net value 00010 sign work Lely Golf Estates 10,065.24000 each 1.00 10,065.24 152-162541-634999-0 Quotes See scanned docs Total net value excl. tax 10,065.24 THIS ORDER SUBJECT TO THE FOLLOWING CONDITIONS: 1. This purchase order is considered to be a oi"llle canlrac:t Payment MI be INlde upon oompIetIon d toIaI order. No ~rUal PllYft*U wi! be "*'- wllI10Ut proper _lion. 2. Purchase ordet numbllr mUSl _, on aU invoiceS.padcages.or CO<Ta8pondence. 3. The Counly rese<Ves the right to cancel any portion 01 !hie OIdet ~ noltillad as specffiad. 4. payment wiU be INlde only in accordance wilh lhla order, corrections or price adjuSlmanIS must be aU\tlortzed by the Purdlaalng DlNdor p<Ior to Ihlpmenl 01 gooda. 5. DeIecliYe goods will be promptly returned at your a__ and Cfadit taken. 6. Discounts 01 pn>rnpt payment will be compUlad from data 01 rece;pt 01 goods or from dale 01 receipt 01 irwolces. whlcl1evar Illalar. 7. II is agreed. that goods delivered shall comply wilh all_ral, illite. Of Iocallawsr8latiYe thereto, ancllhat 1h8 Vendor shall defend aeUona 0I....1ma brought and save harmlesa the buyer from Ioaa. coet. 01 damaga by reason of aelual or aUeged infrigemenls of leltar patent. B. Unless the Vandor indicates othe_. in.tiation 01 ""'"' shall consilu1e ICCllp1ance 01 \118 Purchase OrderlncllJdlng all attachments. 9. The Vendor agrees to reimbursement 01 traval e>epenses In ac00rdanc8 with Florida Statute Chaple, , 1 2.061, Per Diem and Travel EJcpen- 01 Public Officers, employeel and authorized persons. 10. AJl shlpmenlstobe FOB Destination. Agenda Item No. 16810 July 27, 2004 Page 8 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16B10 Item Summary Recommendation to approve a donation from the Lely Golf Estates Civic Association to the Lely Golf Estates Beautification MSTU in tile amount of 3739512 for 50% of the refurbishment cost of the MSTU's entrance monuments Meeting Date 7f27i2004 9:00:00 AM Prepared By Tessie Sillery Operations Coordinator 7112/20045:11:42 PM Transportion Services Traffic Operations/ ATM Approved By Bob Petersen Project Manager Date Transportion Services Traffic Operations/ ATM 7/13/20042:03 PM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 7/13/20044:55 PM Approved By Norm E. Feder, AIC? Transportation Division Administrator Date Transportion Services Transportation Services Admin. 7114/20044:03 PM Approved By Lisa Tavlor ManagementlBudget Analyst Date Transportion Services Transportation Administration 7/14/20044:54 PM Approved By Diane B. Flagg Traffic Operations and Alt Trans Modes Director Date Transportion Services Traffic Operations/ ATM 7/14/20045:20 PM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 7/15/20044:20 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/15/20044:43 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7!1612004 9:53 AM <'\pproved By James V. Mudd County Manager Date Soard of County Commissioners ::'Junty Manager's Office Agenda Iten>\l~99t.Jffi@1{Jl AM Julv 27. 2004 Page 9 of 9 EXECUTIVE SUMMARY Recommendation to approve the Transportation Division to provide one time grading and lime rock for South 8th Street & Doak Avenue in Immokalee thereby making the roads passable for emergency vehicles such as police. fire and EMS. OBJECTIVE: To obtain approval from the Board of C"unty Commisl>;onern to have the Transportation Division provide a one time grading and lime rock i.n order to make South g'b SU"Ce1 & Doak Avenue in lmmokalee a passable road for the health, safety and welfare of the community mcmhen; by providing access for emcrgency vehicles. CONSIDERATIONS: The cun'cnt roadway along South SIb Street and Doak Avenue is characteri:t.cd by a poor sub-base, which has resulted in numerou~ large and impa'lsable potholes. Fire Inspector Leo Rogers of the ImmokaJee Fire Control Distrk.'1. has requested the County to pcnodically maintain South Sd1 Street and Doak Avenue for emergency vehicle access. The Tr..lOsPQttation Division is requesting approval for a one time gr'Jding amI lime rock surface. Fire Inspector Leo ROgeN and community volunteers have successfully acquired a majority of the property owner signatures for Right-of-Way entry. The Right-of-Wlty cntry grants the County. and its agents. ele. a perpetual. nonex.clusive right to enter upon the private roads of SIb Street and l)Qak Street. to repair. reconstruct. and lime rock over portions of the Right.of-way not owned by the County. FISCAl, IMPACT: Funds arc available in the amount of $ 26,000 from Fund Ill. Smm.;e of funds is MSTD General Fund. GROWTH MA.'1AGEi\1&'\jT IMPACT: None. - RECOMMENDATION: That the Board of County Commissioners: l. t\pprove and authori7.Cl the Transportation Division to do a one time grading and lime rock on both South 8th Street and Doak Avenue in Immokalee for making the road passable for emergency vehicles. .- Agenda Item No. 16811 July 27, 2004 Page 1 of 3 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16811 Recommendation to approve the Transportation Division to provide a one time grading and lime rock for Soutll 8th Street & Doak Avenue in Immokalee thereby making the roads passable for emergency vehicles such as police, fire and EMS. 7/27/2004900:00 AM Prepared By Tessie Sillery Transportion Services Operations Coordinator 7/12/20045:03:53 PM Approved By Traffic Operations/ ATM Val Prince Transportion Services Project Manager Date Traffic Operations! ATM 7/13/20044:32 PM Approved By Lisa Taylor Transportion Services Management/Budget Analyst Date Approved By Transportation Administration 7/13120046;01 PM Diane B. Flagg Transportion Services Traffic Operations and Alt Trans Modes Director Date Approved By Traffic Operations/ ATM 7/14/200411 :15 AM John Vliat Transport/on ServIces Roads Maintenance Superintendant Date Approved By Road Maintenance 7/14120044:30 PM Norm E. Feder. Aiep Transportion Services Transportation DiVIsion Administrator Date Approved By Transportation Services Admin. 7114/20045;11 PM Diane Perryman Transportion Services Executive Secretary Date Approved By Transportation Services Admin. 7/15/20044:31 PM Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/15/20044:45 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/16/2004 2:06 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office Agenda IteM1!l1e9~~11 PM July 27.2004 Page 2 of 3 JUN.30'2004 16:3~ 2396579489 Immokalee Fire Dep~ --p(.~ ~ t,- 5O'l'_ NF.WMABXBTROAU, lMMOKALI:Jt, nORJDAJ4141 IMMOKALEE FIRE CONTROL DISTRICT December 10, 2003 Ms. Diane Flagg, Director Translfraffic Ops/ATM Collier County Government 2705 S. Horseshoe Drive Naples, FL 34104-6122 Dear Ms. Flagg: I am \\Titing this letter in my official capacity as the Fire Marshal Jhr the Jmmokalee Fire- O)ntrol District. While we have a munber of '"'Private Roads" .in the IrnmokaJee Fire District. t~o o~ these roads, Doak Ave. aDd S. 811I St. arc for all iDlerlts impassable for emergency service vchic les. J fully mWze that the County has little to no responsibility fur the maintenance of private roads. but Doak Ave. and S. 8. ~"t. are unique, due to their residems' economic limitations. Due to the limited value ofthc appraised real estate on these roads, an M.S.T.U. will not work, while in other areas oflmmokalee and rural Collier Count)' the neighbors bave organized to raise funds and get minimal improvements made that will allow for saie passage of emergency .;erv IceS. This is not poSSIble for Doak Ave. and S. 8~ St., due to the nature of poverty that exL~s In ths area. Please let me know when this will come befOre the Board of County Commissioners.. and I \\ ill be happy to come speak before them. Sincerely, ~e Fire Marshal c: Commissioner Donna Fia1~ District 1 Commissioner Frank Halas. District 2 Commissioner Tom Henning, District 3 Commissioner Fred Coyle, District 4 Olmmissioner Jim Coletta. District 5 Agenda Item No. 16811 July 27, 2004 Page 3 of 3 GENT:RAI.OFFICE (941)657-2111 fLREPREVF.NT10N (941)657-2700 fAX (lJ411/:;7-9..:)u .- EXECUTIVE SUMMARY Recommendation to approve Six (6) Adopt-a-Road Program Agreements at the Board of County Commissioners meeting at a total cost of $750.00 OBJECTIVE: To approve for exocution by the Board of County Commissioners Agreements signed by the volunteer groups of certain adopted roadways under the Collier County Adopt-a- Road program. CONSIDERATIONS: That the volunteer groups so named be rccob'llized as the sponsors ofthe particular segments of roadway named in the Ab'fCcment<;. to perform litter removal in accordance with instructions contained in the Agreement. FISCAL L\1P ACT: Cost of roadside signs at either end of the roadway segment designating a new volunteer group as a sponsor; responsible for keeping the area free of litter. Ten signs are needed at a cost of $ 75.00 each. Total cost needed is $ 750.00 from Fund (111). Source of funds are MSTD General Funds. - RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer groups listed on the Agreements as the sponsors of the listed roadways and the Chairman execute the Agreements on behalf of Collier County. - Agenda Item No. 16812 July 27,2004 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16B12 Item Summary Recommend Board's approval of Adopt-A-Road Agreements (6) for the following: Buzz HIli State Farm. Dance Universe-Miss S.W. Florida USA. Lori Young-South Bay Realty and Swiss Team Enterprises. Inc. Meeting Date 7127/20049:0000 AM Prepared By Margaret A. Ramos Administrative Assistant 7/7/20041 :22:30 PM Transportion Services Road Maintenance Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 7i14/2004 7:45 AM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 7/20/20048:09 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7120120049:23 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/20/20049:41 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7120/200412:39 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 7/7/20042:12 PM Approved By John Vliet Roads Maintenance Superintendant Date Transportion Services Road Maintenance 7/7/20043:40 PM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportion Services Transportation Administration 7/7/20045:19 PM ,.- Agenda Item No. 16812 July 27, 2004 Page 2 of 2 ,,- EXECUTIVE SUMMARY Recommendation to approve Change Order No. 1 to Douglas N. mggins, IDe. for the Palm Street Outfall Project (Project No. 51804) in the amount of $71,402.50. OB.fECfIVE: To.receive Board approval of change order number 1 tor the Palm Street Outfall Project tQ Douglas N. Higgins~ Inc.~ in accordance with the Fixed Term Underground Utility Contractillg Services ConstructionCOnlra(,'t (Bid No. 02-3345). CONSIDERA nONS: After numerous years of residential flooding problems in the Palm Street area the StormwaterManagement Section of the R.oad Maintenance Department is constru.cting improvements necessary to improve. drainage in the area. Palm Street begins jnst south of U.S. 41 at the U.S. 41 Commercial Drive intersection. This project starts one block south of U.S. 41 (In Palm Street and tunS west to Fredrick Stree4 north on Frederick Street. then west to a tidal drainage ditch flowing under Sandpiper Street and into Naples Bay. The total length of the project is 1.350 feet. Project elemenl'i. include construction of as many feet of large stQrm sewer pipe. and box cUlvert that will encloseari existing. undersized open drainage ditch. Also included are ten (10) drainage structures and three (3) utility crossings As of the writing of this Executive Summary, the project is.substantially.complete. The purpose of change order number onet the only change order for this project, is to update the bid item quantities for.theproject. A total of nine (9) original bid items require adjustment- qua.ntityaddition - as a ,.-. result of. determinations made during the construction process. Eleven (11) additional. items were built in to the project during construction to adjust and supplement the intent of the original design. Two (2) it.emswerc deleted because they were deemed no longer necessary. Seve.tal of the additions were theresultoflocating existing underground. utilities during construction that were not previously identifIed. 'The. majority of the original bid quantity adjustments wercthe result of a decision made during construction to rebuild a secti.on of Frederick Street as opposed to patching it. FISCAL IMPACT: Funds are available within the Stonnwater Management CIP Fund (301). The. current budget for this project was approved by the Board on 2/24/04 as item 16B 1. This approval included award of the $594.525.00 original bid amount and a fifteen (15) percent contingency amount of $89.180.00. Funds. are available to cover the full amount .of this change order. GROWTH MANAGEMENT IMPACT: .Construction of these stonnwater management facility improvements are in accordance with the goal and objectives of the Drainage Sub-element oCthe Growth Management Plan. RECOMMENDATION: That the Board of County Cammissioners approve Change Order No. 1 in the amount of $71,402.50 to Wark Order No. UC-09O assigned to Douglas N. Higgins. increasing the. total contract amount to $665.927.00, and (2) Authorize the Department Director t.o sign theCbange Order. Attachments: Change Order Change Order Exhibit "An Contract Modification Checklist ,.,..... Agenda Item No. 16B 13 July 27,2004 Page 1 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16813 Item Summary Recommendation to approve Change Order NO.1 to Douglas N. Higgins. Inc. for the Palm Street Outfall Project (Project No. 51804) in the amount of $71,402.50. Meeting Date 7/27/20049:00:00 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 7/13/20046:35 PM Approved By Linda Jackson Contracts Agent Date Administrative Services Purchasing 7/14/20048:17 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7/14/20049:32 AM Approved By John Vliet Roads Maintenance Superintendant Date Transportion Services Road Maintenance 7/14/20043:43 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 7/14/20044:23 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/16/200411 :52 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/20/200410:01 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/20/2004 12:40 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/20/20046:15 PM .- Agenda Item No. 16813 July 27, 2004 Page 2 of6 CHANGE ORDER CHANGE ORDER NO. -1- CONTRACT NO. 02-3345 BCC Date: 2/24/04 Agenda Item: 16B1 TO: Mr. Brandv Bartolone DouQlas H. HiaQins.lnc. Suite 1. 2887 Tamiami Trail East Naples. FL 34112 DATE: 7-13-04 PROJECT NAME: Palm Street Outfall PROJECT NO.: 51804 Under our AGREEMENT dated February 24. 2004 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: See attached Exhibit "A" FOR THE (Additive) (Deductive) Sum of: Seventy-one thousand four hundred two dollars and 50 cents ($ 71.402.50). Original Agreement Amount Sum of Previous Changes Present Agreement Amount $ 594.525.00 $ 0.00 $ 71.402.50 (Add) $ 665.927.50 This Change Order (Add) (Deduct) The time for completion will not chanae due to this Change Order. Accordingly, the Contract Time remains the same at 120 calendar days. The substantial completion date is June 22. 2004 and the final completion date is July 12. 2004 . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above. as fully as if the same were repeated in this acceptance. The adjustment, if any. to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for irnpact and delay costs. Agenda Item No. 16813 July 27, 2004 Page 3 of 6 Palm Street Outfall Change Order No. 1 Page 2 of 2 Accepted: July 13, 2004 CONTRACTOR: Douglas H. Higgins, Inc. By: Brandy Bartolone, Regional Manager <,,.-, OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Ricardo Valera, P.E., Director Road Maintenance Department Agenda Item No. 16813 July 27, 2004 Page 4 of 6 Exhibit "A" Change Order #1 for Palm Street Outfall Project No. 51804 Description Quantity Unit Unit Price Total Price Additions 1 60" RCP 2 LF $ 250.00 $ 500.00 2 Tvoe "C"'nlets 2EA $ 5,000.00 $ 10,000.00 3 Dog House Inlet 2EA $2,000.00 $ 4,000.00 4 Cast Iron Grate 4EA $ 1 ,000.00 $ 4,000.00 5 Move Structure # 5 1LS $ 1,000.00 $ 1,000.00 6 18" RCP 24 LF $ 50.00 $ 1,200.00 7 18" Mitered End Sections 1 EA $ 250.00 $ 250.00 8 Move Structure #8 & encase water main 1 LS $ 1 ,200.00 $ 1,200.00 9 Deflect 6" water main under box culvert 1 LS $ 3,392.50 $ 3,392.50 10 Deflect 2" water main over 66" oioe @ 6+58 1 LS $ 1 ,334.00 $ 1,334.00 11 Deflect 6" water main under 60" pipe 1 LS $ 3,392.50 $ 3,392.50 12 Sleevina 2 sanitary laterals through the 66" 2EA $1,029.25 $ 2,058.50 13 Relocating sanitary lateral on Palm St. 1 EA $2,750.00 $ 2,750.00 14 Install Riorao alona box culvert for manaroves 20 CY $ 60.00 $ 1,200.00 15 6" Base 372 SY $ 15.00 $ 5,580.00 16 12" Subarade 372 SY $ 15.00 $ 5,580.00 17 1.5" Asphalt 587 SY $ 15.00 $ 8,805.00 18 314" Asohalt Overlay 587 SY $ 5.00 $ 2,935.00 19 Sod 32400 SF $ 0.25 $ 8,100.00 20 Hvdroseeding 200000 SF $ 0.04 $ 8,000.00 Deletions 1 Milling -535 SY $ 5.00 $ (2.675.00) 2 Seed & Mulch -0.6 AC $ 2,000.00 $ (1,200.00) $ 71,402.50 Total project amount including change order $ 665,927.50 7/13/2004 Agenda Item No. 16813 July 27,2004 Page 5 of 6 l rl',..: . .......1: CONTRACT MODIFICATION CHECKl..IST FORM 51804 71.402.50 % Ing with change using Y, Nor N1A} . the existing agreement n to the existing scope istent with the existing agreement PROJECT M APPROVE: DISAPPROVE: Agenda Item No. 16813 July 27, 2004 Page 6 of 6 -, EXECUTIVE SUMMARY Recommendation to accept grant funds from South Florida Water Management District for the Haldeman Creek Dredging Project in the amount of$SOO,OOO, Project Number 51011. OBJECTIVE: To accept $500,000 grant money from the South Florida Water Management District I Big Cypress Basin (BCB) Contract Number OT040066, for the Haldeman Creek Dredging Project. CONSIDERATIONS: Haldeman Creek located in Collier County, Florida, serves as an important stonnwater conveyance system and a navigable channel for boater access to the Gulf of Mexico (Figure!). Records indicate that the Creek was originally natural. and through development was altered. Modifications to the area include establishing "finger" canals to support residential boat access and alterations to the alignment of the Creek for stonnwater improvements. Residents in the area of Haldeman Creek..representing mainly waterfront property owners, requested the County to initiate a feasibility study to investigate maintenance dredging of the existing waterway. Increased development and use of the waterway for boating, maintenance dredging has become necessary to ensure proper navigation. Sediment shoaling caused by sedimentation raises the risk of damage to boats and decreases the function of the waterway. .- With increased development comes the need for flood control. The Creek also serves as an important role for conveyance of stormwater in the area. The County and South Horida Watet Management District have implemented improvements to the Creek for flood control. This activity has resulted in an emphasis on the Creek regarding maintenance of the waterways. Over time sedimenl~ have built-up in the waterway and the accumulation in the Creek and in the canal systems has reached a level that requires maintenance. Natural processes are unable to flush out the material. Haldeman Creek has experienced rapid development over the past several decades. Development OCCUlTed fmt on the main stem of the Creek and then to the adjacent canals. Development along the main stem of the Creek is a mixture of commercial and residential. Development along the adjacent finger canals is primarily residential with a few commercial properties interspe~d. The County has requested financial a.~sistance for the restoration of the Creek from the District and they have agreed t() grant $500.000 towards the dredging. FISCAL IMPACT: The $500.000 will be added to fund 301, Project No. 51011 per the attached contract. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. ~, RECOMMENDATION: That the Board accepts grant funds in the amount of $500,000 and authorizes the Chairman to sign the contract for the. Board. Agenda Item No. 16814 July 27,2004 Page 1 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16B14 Meeting Date Recommendation for Board to accept grant funds from South Florida Water Management District for the Haldeman Creek Dredging Project in the amount of $500,000, Project Number 51011. 7/27/20049:00:00 AM Itern Summary Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 7/14/20043:51 PM Approved By John Vliet Roads Maintenance Superintendant Date Transportion Services Road Maintenance 7/14/20044:14 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 7/15/20044:10 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/16/20048:09 AM Approved By Susan Usher Senior Management/Budget Analyst Office of Management & Budget Date County Manager's Office 7/20/200410:02 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/20/200412:32 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/20/20042:18 PM Agenda Item No. 16814 July 27, 2004 Page 2 of 19 8 ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT THE SOUTH FLORIDA WATER MANAGEMENT DISTRICf (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: COLLIER COUNTY Address: Horseshoe Square, Suite 214 2685 South Horseshoe Drive Naples, FL 34104 Project Manager: Peter Hayden Telephone No: (239) 732-2501 Fu No: (239) 659- 5790 Hereinafter referred to as: COUNTY PROJECT TITLE: HALDEMAN CREEK DREDGING This number must appear on all Invoices and Correspondence OT040066 MBE PARTICIPATION: 00/. COST SHARING INFORMATION Total Project Cost: S 1,800,000.00 COUNTY Contribution: S 1,300,000.00 The fonowing Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - Special Provisions Exhibit "B" - General Tenns and Conditions Exlnbit "C" - Statement of Work Exhibit "D" - Payment and Deliverable Schedule Exhibit "E" - Not Applicable Exhibit "F" - Not Applicable Exhibit "G" - Not A licable TOTAL DISTRICT CONSIDERATION: 5500,000.00 Multi-Year Funding (If Applicable) Fiscal Year: Fiscal Year: Fiscal Year: *Subject to District Governing Board AnDual Budget Approval AGREEMENT TERM: One I Year District Project Manager: Stephen Ladd Telephone No: (239) 597-1505 Ext. 7611 Fu No. 239 597-4987 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Attention: Procurement Department Exhibit "H" - Not Applicable Exhibit "I" - Not Applicable Exhibit "J" - Not Applicable Exhibit "K" - Not Applicable Exhibit "L" - Not Applicable Exhibit "M" - Not Applicable AGREEMENT TYPE: Not-ta-Exceed Fiscal Year: Fiscal Year: Fiscal Year: EFFECTIVE DATE: Last Date of Execution b the Parties District Contract Administrator: Rupert Giroux (561) 682-2532 Fax No.: (561 682-6397 or 561 681-6275 SUBMIT NOTICES TO THE COUNTY AT: COLLIER COUNTY Horseshoe Square, Suite 214 2685 South Horseshoe Drive Naples, FL 34104 Attention: Peter Hayden IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Terms and Conditions under which it is issued. COLLIER COUNTY SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD Accepted By: Signature of Authorized Representative Title: Date: Accepted By: Frank Hayden, Procurement DIrector Date: Date: Agenda Item No. 16814 July 27,2004 Page 3 of 19 8 1I , SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT EXHIBIT" A" SPECIAL PROVISIONS The PUIpOse of this Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit "B" General Terms & Conditions. In the event of any conflict between this Exhibit" A" and any other provision specified in this A ent, this Exhibit" A" shall take ecedence. 1. A new Article 1.5 is hereby added as follows: ''The COUNTY shall submit quarterly progress reports to the DISTRICT throughout the tenn of this AGREEMENT. Any requests for changes to the Exhibit "C" Statement of Work shall be submitted by the COUNTY or the DISTRICT in writing to the other party for approval, and the COUNTY or the DISTRICT shall submit its comments/approval in writing within ten (10) days after receipt of the request for change. The DISTRlCf shall be responsible for initiating any amendments to this AGREEMENT, if required." 2. Article 2.4 is hereby deleted and replaced as follows: "The COUNTY shall submit quarterly fmancial statements to the DISTRICT providing a detailed accoWlting of all expenditures incurred hereWlder throughout the tenn of this AGREEMENT. The COUNTY shall report and document the amoWlt of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date. The DISTRICT shall only be obligated to pay for a maximum not-to-exceed AGREEMENT funding limitation of 5500,000.00. In no event shall the DISTRICT be liable for any expenditures hereunder in excess ofS500,OOO.00." 3. Article 7.1 is hereby modified to add the following paragraph: ''The COUNTY shall maintain books, records and documents directly pertinent to performance Wlder this AGREEMENT as described above. The COUNTY shall similarly require each subcontractor to maintain and allow0access to such records for audit purposes." SFWMD Office of Counsel Approved By: ~~Date:-J/dt/ S~ROCUREMENT APPROVED By: ~~~~.te: ~'\l Page 1 of 1, Exhibit " A", Agreement OT040066 Agenda Item No. 16B14 July 27,2004 Page 4 of 19 8 SOUTH FWRIDA WATER MANAGEMENT DISTRICT AGREEMENT EXHIBIT" A" SPECIAL PROVISIONS The purpose of this Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit "B" General Terms & Conditions. In the event of any conflict between this Exhibit" A" and any other provision specified in this Aw:-eement, this Exhibit "A" shall take precedence. 1. A new Article 1.5 is hereby added as follows: "The COUNTY shall submit quarterly progress reports to the DISTRICT throughout the term of this AGREEMENT. Any requests for changes to the Exhibit "C" Statement of Work shall be submitted by the COUNTY or the DISTRICT in writing to the other party for approval, and the COUNTY or the DISTRICT shall submit its comments/approval in writing within ten (10) days after receipt of the request for change. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required." 2. Article 2.4 is hereby deleted and replaced as follows: "The COUNTY shall submit quarterly financial statements to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The COUNTY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date. The DISTRICT shall only be obligated to pay for a maximum not-to-exceed AGREEMENT funding limitation of $500,000.00. In no event shall the DISTRICT be liable for any expenditures hereunder ix. excess ofS500,000.00." 3. Article 7.1 is hereby modified to add the following paragraph: "The COUNTY shall maintain books, records and documents directly pertinent to performance under this AGREEMENT as described above. The COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes." SFWMD Office of Counsel Approved By: Date: SFWMD PROCUREMENT APPROVED By: Date: Page 1 of I, Exhibit "A", Agreement 0T040066 Agenda Item No. 16814 July 27, 2004 Page 5 of 19 e SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1- STATEMENT OF WORK 1.1 The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items descnbed in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the services to be provided by the COUNTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The COUNTY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. 1.4 In the event COUNTY employees or hired workers are authorized by Exhibit "C" to perform services on-site at DISTRICT facilities, the COUNTY hereby agrees to be bound by all applicable DISTRICT policies and standards of conduct listed in Attachment 1, "Contractor Policy Code Acknowledgement" to Exhibit "C" and shall require each individual perfonning such on-site work to execute the Attachment 1 form. It is the COUNTY's responsibility to advise its employees or hired workers of the nature of the project, as descnbed in Exlnbit "C". The COUNTY shall determine the method, details and means of performing the services, within the parameters established by Exhibit ''C''. The DISTRICT shall provide additional guidance and instructions to COUNTY's employees or hired workers where necessary or appropriate as determined by the DISTRICT. ARTICLE 2 - COMPENSATIONI CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on the cover/signature page of this AGREEMENT. Such amount includes all expenses which the COUNTY may incur and therefore no additional consideration shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this AGREEMENT shall be paid in accordance with, and subject to the nwlti-year funding allocations for each DISTRICT fiscal year indicated on the cover/signature page of this AGREEMENT. Funding for each applicable fiscal year of this AGREEMENT is subject to DISTRICT Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall tenninate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notifY the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 2.3 The COUNTY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.4 The COUNTY by executing this AGREEMENT, certifies to truth-in-negotiatioD, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The COUNTY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant smm by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. Page 1 of 10, Exhibit "B" Aaenda Item No. 16814 ContracYFile:\Coun9Ufyc2"~~M. Page 6 of 19 (8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS The DISTRICT sball make any such adjustment within one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PROMPT PAYMENT 3.1 The COUNTY's invoices shall reference the DISTRICT's Contract Number and shall be sent to the DISTRICT's address specified on the cover/signature page of this AGREEMENT. The COUNTY shall not submit invoices to any other address at the DISTRICT. 3.2 The COUNTY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Ex.b1bit UD" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- . to-exceed budget, including but not limited to, copies of approved timesheets, payment vouchers, expense reports (including approved travel costs, if applicable), receipts and subcontractor invoices. Any authorized travel shall be reimbursed in accordance with Chapter 112, Florida Statutes. 3.3 It is the policy of the DISTRICT that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all DISTRICT requirements as specified in the AGREEMENT for invoice submission. The time at which payment shall be due from the DISTRICT shall be forty-five (45) days from receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requirements set forth in Section 218.70, ES. and upon satisfaction of the DISTRICT conditions as detailed in the AGREEMENT. Failure of the COUNTY to follow the instructions set forth in the AGREEMENT regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the DISTRICT. All payments due from the DISTRICT for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance. The COUNTY shall invoice the DISTRICT for payment of any accrued unpaid interest. Any disputes regarding invoice payments which cannot be resolved by the appropriate department of the DISTRICT shall be concluded by final written decision of the DISTRICT Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the COUNTY prior to the commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENTI NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on the coverlsignature page of the AGREEMENT for attempted resolution or action. The Project Managers sball be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The COUNTY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Specialist specified on the cover/signature page of the AGREEMENT. All fonnal notices between the parties Wlder this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on the coverlsignature page of the AGREEMENT. The COUNTY shall also provide a copy of all notices to Page 2 of 10, Exhibit "B" AQenda Item No. 16814 ContracrFile:\Coun9\1lyc2~~0it. Page 7 of 19 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ExmBIT "B" GENERAL TERMS AND CONDITIONS the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall proIq'tly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Nmnber specified on the cover/signature page of the AGREEMENT. ARTICLE 5 - INSURANCE 5.1 The COUNTY assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the COUNTY and the officers, employees, servants, and agents thereof. The COUNTY warrants and represents that it is self-funded for Worker's compensation and liability insurance, covering at a mininnlD'l bodily injury, personal injury and property damage with protection .being applicable to. the COUNTY's officers, employees, servants and agents while acting within the scope of their employment during performance under this AGREEMENT. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign imnnmity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 5.2 In the event the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY for work under this AGREEMENT shall include a provision whereby the COUNTY's subcontractor agrees to defend, indemnify, and pay on behalf, save and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. ARTICLE 6 - TERMlNATION/REMEDIES 6.1 It is the policy of the DISTRICT to encourage good business practices by requiring contractors to materially perform in accordance with the terms and conditions of the DISTRICT AGREEMENT. In accordance with DISTRICT Rule 4OE-7, Part n, F.A.C., "material breach" is defined as any substantial, unexcused non- performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the AGREEMENT. If the COUNTY materially fails to fulfill its obligations under this AGREEMENT, the DISTRICT will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The COUNTY shall have thirty (30) days to cure the breach. If the COUNTY fails to cure the breach within the thirty (30) day period, the DISTRICT shall issue a Termination for Default Notice. Once the DISTRICT bas notified the COUNTY that it bas materially breached its contract with the DISTRICT, by sending a Termination for Default Notice, the DISTRICT's Governing Board shall determine whether the COUNTY should be suspended from doing future work with the DISTRICT, and if so, for what period of time. The DISTRICT's Governing Board will consider the factors detailed in Rule 40E- 7, Part n, F.A.C. in making a determination as to whether a COUNTY should be suspended, and if so, for what period of time. Should the DISTRICT terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the COUNTY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such Page 3 of 10, Exhibit "B" AQenda Item No. 16814 ContracfFi1e:\CounUU\,=2~~ Page 8 of 19 (9 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS termination shall be effected by delivery to the COUNTY of a Notice of Tennination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the COUNTY for all authorized and accepted deliverables completed through the date of termination in accordance with Exlubit "C", Statement of Work. The DISTRICT sball be relieved of any and all future obligatiom hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all payments to the COUNTY for such work until such time as the DISTRICT determines the exact amount due to the COUNTY. 6.3 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent pennitted by law. 6.4 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest Such circwnstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision sball not shift respomibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the COUNTY to the DISTRICT. If this provision is invoked. the DISTRICT shall notify the COUNTY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The COUNTY sball then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work. if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exlubit "C", Statement of Work and/or the project schedule. 6.5 The DISTRICT anticipates a total project cost as indicated on the cover/signature page, with the balance of matching fimds and/or in-kind services to be obtained from the COUNTY in the amount as specified on the cover/signature page of this AGREEMENT. In the event such COUNTY matching funding and/or in-kind services becomes unavailable, that sball be good and sufficient cause for the DISTRICT to tenninate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ OWNERSHIP 7.1 The COUNTY sball maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records sball be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disoutes: In the event that the DISTRICf should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY sball extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such Page 4 oflO, Exhibit "B" Agenda Item No. 16814 Contract File:\CountiWyc2 9'~/~0it- Page 9 of 19 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ExmBIT nu" GENERAL TERMS AND CONDITIONS records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the COUNTY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the COUNTY, the COUNTY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the COUNTY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The COUNTY may not disclose, use, license or sell any work developed, created., or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The COUNTY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the COUNTY hereunder, as specifically identified in Exlubit "C", Statement of Work shall have been developed solely by or for the COUNTY, or lawfully acquired under license from a third party, including the right to sublicense such software. The COUNTY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The COUNTY shall grant to the DISTRICT a perpetual, non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the COUNTY with DISTRICT funding under this AGREEMENT shall be returned and title transferred from the COUNTY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable iteIm purchased by the DISTRICT with a value equal to or greater than $750.00 and with a normal expected life of one (I) year or more. The COUNTY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The COUNTY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the COUNTY liable for loss or damage due to causes beyond the COUNTY's reasonable control. In the event of loss or damage, the COUNTY shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7.s The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the COUNTY access to certain third party owned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distnbute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal. state, and local laws and regulations relating to the perfonnance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. Page 5 oflO, Exhibit "B" Agenda Item No. 16814 ContracrFile:\Coun9\11~2~0iI. Page 10 of 19 f) SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 8.2 The COUNTY hereby assures that no person sball be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex. in any activity under this AGREEMENT. The COUNTY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The COUNTY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or has been placed on the discriminatory vendor list If the COUNTY or any affiliate of the COUNTY has been convicted of a public entity crime or has been placed on the discriminatory vendor list, a period longer than 36 months has passed since that person was placed on the convicted vendor or discriminatory vendor list The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133 or Section 287.134, respectively, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.5 The COUNTY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is included on the list of Specially Designated Nationals and Blocked Persons (SDN List) which is administered by the U.S. Department of Treasury, Office of Foreign Assets Control The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation. The DISTRICT, in the event of such termination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.6 The COUNTY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.7 The COUN1Y warrants that it has not employed or retained any person, other than a bona fide employee working solely for the COUNTY, to solicit or secure this AGREEMENT. Further the COUNTY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the COUN1Y, any fee, comnission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, cormnission, percentage, gift, or other consideration. 8.8 The COUN1Y shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 8.8.1 Pursuant to Sections 119.07(3)(0), and 1004.32 Florida Statutes, data processing software obtained by an agency under a license AGREEMENT which prohibits its disclosure and which software is a trade secret, as defined in Sections 8l2.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the COUNTY (Licensee) hereunder, the DISTRICT shall advise the COUNTY (Licensee) of such request and, as between the DISTRICT and the COUNTY (Licensee), it shall be the COUNTY's (Licensee's) Page 6 of 10, Exhibit liB" Agenda Item No. 16814 Contract File:\CounUU1r:29'o/~0l:1. Page 11 of 19 8 SOUTH FLORIDA W ATER~AGEMENT DISTRICT EXHIBIT "D" GENERAL TERMS AND CONDITIONS sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.9 The COUNTY sball make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as weU as aU necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits sball not give rise to a claim by the COUNTY for additional compensation. If the COUNTY is unable to obtain aU necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.10 Pmsuant to Section 216.347, F.S., the COUNTY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch or another state agency. 8.11 The DISTRICT is a governmental entity responsible for performing a public service and therefore bas a legitimate interest in promoting the goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its COUNTY. Therefore, the COUNTY assures the DISTRICT that the COUNTY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The COUNTY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the COUNTY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BE1WEEN THE PARTIES 9.1 The COUNTY shall be considered an independent contractor and neither party sball be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 In the event that the COUNTY is providing staff who will be working on-site at DISTRICT facilities, it is further understood that the COUNTY shall be the employer of the staff provided pursuant to the AGREEMENT for aU purposes under state and federa1law and that the COUNTY's staff shall not be eligible for any benefit prograrm the DISTRICT offers to its employees. All benefits available to the COUNTY's staff sball be exclusively provided by the COUNTY or by the COUNTY's employee. The COUNTY is solely responsible for compliance with all labor and tax laws pertaining to officers, agents and COUNTY employees and shall indenmify and bold the DISTRICT harmless from any failure by the COUNTY to comply with such laws. The COUNTY's duties with respect to such personnel shall include, but are not limited to, the following: 9.2.1 Billing, collection, payroll services and tax withholding, and any other related services 9.2.2 Providing insurance coverage pursuant to Article 5 of this AGREEMENT. 9.2.3 Providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits and disability insurance. 9.2.4 Complying with the Fair Labor Standards Act, 29 U.S.C. 201, et.seq., including payment of overtime in accordance with the Act. Page 7 of 10, Exhibit "B" Aaenda Item No. 16814 Contrac,(Fi1e:\Coun9t:fl~2'~/~~ Page 12 of 19 <9 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 9.2.5 Providing employee training for all activities necessary for job performance, except those fimctions that are unique to the DISTRICT, in which event., the DISTRICT, in its sole judgment and discretion, may provide training. 9.3 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the COUNTY and the DISTRICT. No person or entity other than the COUNTY or the DISTRICT shaIl have any rights or privileges 1.U1der this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.4 The COUNTY shaIl not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICf. Any attempted assignment in violation of this provision sbaIl be void. 9.5 The COUNTY shaIl not pledge the DISTRIcrs credit or make the DISTRICf a guarantor of payment or surety for any AGREEMENT, debt., obligation, judgement, lien, or any form of indebtedness. 9.6 The DISTRICf asswnes no duty with regard to the supervision of the COUNTY and the COUNTY shaIl remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of AGREEMENT perfonnance. ARTICLE 10 - MBE PARTICIPATION 10.1 The COUNTY hereby acknowledges that no Minority Business Enterprises (MBE) participation level has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in MBE participation, such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any proVlSlons of this AGREEMENT to the contrary, the parties shaIl not be held liable for any failure or delay in the perfonnance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this AGREEMENT sbaIl be resolved by giving precedence in the following order: (a) Exlnbit "A" Special Provisions, ifapplicable (b) Exlnbit "B" General Terms and Conditions (c) Exlnbit "en Statement of Work (d) all other exlnbits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict perfonnance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor sbaIl it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shaIl constitute a continuing waiver unless the writing states otherwise. 11.4 Should any tenD or proVlSlon of this AGREEMENT be held, to any extent., invalid or unenforceable, as against any person, entity or circwnstance during the term hereof, by force of any Page 8 of to, Exhibit "B" Aqenda Item No. 16814 ContracrFile:\Coun!J\:f1~2 ~~~ Page 13 of 19 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 11.6 This AGREEMENT states the entire under- standing and AGREEMENT between the parties and supersedes any and all written or oral representations, statements, negotiations, or contracts previously existing between the parties with respect to the subject matter of this AGREEMENT. The COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICf in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICf representative. This AGREEMENT sball inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest ARTICLE 12 - SAFETY REQUIREMENTS 12.1 The COUNTY shall require appropriate personal protective equipment in all operations where there is exposme to hazardous conditions. 12.2 The COUNTY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe hanrl1ing and use, including instroction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the COUNTY to the DISTRICT on each chemical product used. 12.3 The COUNTY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 12.4 It is the COUNTY's sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 12.5 The COUNTY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 12.6 The COUNTY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 12.7 The COUNTY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 12.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 12.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the COUNTY, or the COUNTY's subcontractors; and 12.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, stroctures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 12.8 The COUNTY shall provide first aid services and medical care to its employees. 12.9 The COUNTY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. Page 9 of 10, Exhibit "B" Agenda Item No. 16814 Contract File:\CounuuJ~2Vo/~~ Page 14 of 19 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHmIT "B" GENERAL TERMS AND CONDITIONS 12.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the COUNTY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 12.11 Environmental: When the COUNTY, COUNTY's contractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the COUNTY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the COUNTY's sole responsibility to respond innnediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 12.12 The DISTRICT may order the COUNTY to halt operations under the AGREEMENT, at the COUNTY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the COUNTY to the DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. Page 10 oflO, Exlubit "B" Agenda Item No. 16814 Contract File:\CoWl~~2~/~ Page 15 of 19 EXHIBIT "C" Statement of Work Agreement Number OT040066 Project Title: Haldeman Creek Dredging A. Introduction/Background Haldeman Creek located in Collier County, Florida, serves as an important stormwater conveyance system and a navigable channel for boat access to the Gulf of Mexico (Figure1). The Creek was originally natural. Increased development in the watershed and use of the waterway have caused sedimentation, leading to decreased function of the waterway and its flood conveyance capacity. Heavy sediment load and nutrient input through the waterway have also adversely impacted the water quality of the Naples Bay. Collier County initiated a feasibility study to restore the waterway function and water quality of the creek. The study recommended a comprehensive dredging of the creek for the segment downstream of US 41. The County has requested financial assistance for restoration of the creek from the District. Figure 1. Haldeman Creek Restoration Project Location Map. Page 1 of3, Exhibit "C", Agreement OT040066 Agenda Item No. 16814 July 27,2004 Page 16 of 19 B. Objectives The objective of the project is to dredge and dispose of approximately 43,000 cubic yards of sediment and rock from Haldeman Creek. c. Scope of Work The scope of work for the project will include development of construction plans and specs by Collier County, administration of contractor selection process, and dredging of the approximately 43,000 cubic yards of sediment from the Haldeman Creek waterway, and provide post-construction survey and as-built drawings. D. Work Breakdown Structure Task 1: Develop construction plans and specs. contractor selection Prepare construction documents including plans and bid items necessary for contractors. Collier County shall prepare all technical specifications to support the bid process, oversee the submittals, and make recommendations for approval of a contractor. Once a construction contract has been approved, Collier County will proceed with construction phase services that include: pre-dredge surveys, pre-construction meeting(s), construction monitoring, permit compliance, on-site representation, construction oversight, payment authorization, disposal site monitoring and post construction monitoring as require by the regulatory permits. Detailed drawings will be prepared at 1 inch = 100 feet and will serve as the basis for the contract drawings in the final package sent to prospective bidders. Drawings will include the waterway bathymetry and contour charts, cut sections, cross-sections, and the construction pipeline access corridor(s). A detailed estimate of the quantities will also be included. Submittals will be provided to the Regulatory Agencies for review and comment. Collier County shall revise any changes promptly and shall furnish the final drawings for approval prior to reproduction of copies suitable for distribution to prospective bidders. Task 2: Dredaina and Construction Manaaement Dredge and dispose of approximately 43,000 CY of sediment from the Haldeman Creek waterway. Collier County will supervise and coordinate the collection of background and compliance-monitoring activities by the dredge contractor as a result of permit authorization. Dredge site sampling will likely be required. Reports will be submitted to the Regulatory Agencies and others deemed appropriate weekly during construction. Page 2 on, Exhibit "e", Agreement OT040066 Agenda Item No. 16814 July 27,2004 Page 17 of 19 Collier County will conduct turbidity monitoring of the project construction and adjacent shorelines. Exact locations of the monitoring stations and types of monitoring equipment will be determined in the permit processing. Sampling will be conducted prior to the start of construction and continue through construction and post monitoring. The approximate location and number of stations for monitoring will be determined according to typical permit requirements. Collier County will designate a full-time site representative during the project construction. The County will monitor daily progress of the dredge activity, review production and dredge position logs prepared by the dredge contractor, track contractor delays and notify the County and Regulatory Agencies as appropriate in accordance with issued permit authorizations. The Collier County site engineering representative will additionally coordinate.payment surveys, provide construction data to the contractor, and maintain detailed field logbooks and construction files (notebooks). Observations will be made to ensure that construction is in compliance with the construction plans, contract documents, and permit authorizations for the work. Task 3: Post-Construction Survev. As-built Drawings An immediate post-construction survey will be completed to ensure project performance and proper cut depths were obtained. Additional post-construction monitoring will be completed. Project permits may dictate periodic post construction monitoring, especially in the disposal site locations. This monitoring will likely be negotiated during the final permit process. Provide as-built drawings certified by a registered engineer. Page 3 of 3, Exhibit "C", Agreement OT040066 Agenda Item No. 16814 July 27,2004 Page 18 of 19 Exhibit "0" Payment and Deliverables Schedule Task Deliverable Days after District not- signing of to-exceed agreement Payment 1 Construction plans and specs; contractor 90 days $0 selection 2 Dredging and construction management 420 days $0 3 Post-construction surveys and as-built drawings 450 days $500,000.00 certified by a Florida registered engineer Page 1 of 1, Exhibit "0", Agreement OT040066 Agenda Item No. 16814 July 27,2004 Page 19 of 19 ,- EXECUTIVE SUMMARY Recommendation that the Board approve a Budget Amendment recognizing revenue received from the Florida Department of Transportation under an annual maintenance agreement for traffic signals and streetlights. OBJECTIVE: To obtain B()ard approval of a budget amendment recognizing revenue collected from the Florida Department of Transportation (FDOT) for maintenance of traffic signals and streetlights on state roads. CONSIDERATIONS: The Traffic Operations Department entered into an annual agreement with the FDOT for Collier County to maintain traffic signals and str~tlights on state roads. Per the agreement, the FDOT reimburses Collier County for maintenance expenses incurred. TheFDOT was invoiced for services rendered in accordance with the agreement and they have submitted payment, which was deposited into Traffic Operations Revenues. The reimbursed funds, need to be moved from revenues to operating to . cover maintenance and repair expenditures. -, FISCAL IMPACT: A budget amendment is needed to recognize FDOT revenue in the total amount of $101,852.46 (Streetlights := $60A13.75; Traffic Signals := $40,438.71). Funds are available in Transportation Services Fund (101) Revenues, and will be moved to the Traffic Operations operating budget. GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. RECOMMENDATION: That the Board recognize revenue from the FDOT as specified in the annual agreement for C()llier County to maintain traffic signals and streetlights on state roads, and approve the necessary budget amendment in the amount of$101.852.46. ,...... Agenda Item No. 16815 July 27,2004 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16B15 Itern Summary Recommendation that the Board approve a Budget Amendment recognizing revenue received from the Florida Department of Transportation under an annual maintenance agreement for traffic signals and streetlights. Meeting Date 7/27/20049:00:00 AM Approved By Diane B. Flagg Traffic Operations and Alt Trans Modes Director Date Transportion Services Traffic Operations/ A TM 7/14/200411:00 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 7/14/20044:45 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 7/14/20044:59 PM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 7/15/200410:03 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/16/20048:19 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/16/20049:46 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/19/20043:04 PM Agenda Item No. 16815 July 27,2004 Page 2 of 2 . " . ",,- EXECU11VESUMMARY Recommendation to award a contract in the amount of $297,250 to Aquagenix for the 2004 Australian Pine Removal Project (Project No. 51501), and approve a budget amendment to transfer funds in the amount of $148,250. OBJECTIVE: To obtain Board of County Commissioners' approval of a Work Order for the 2004 Australian Pine Removal Project to Aquagenix in accordance with the Annual Contract for Countywide Exotic Vegetation Removal. Contract No. 03-3568. CONSIDERATIONS: For several years the Stormwater Management Section of the Transportation Services Division has defined and supported the need to maintain an annual effort to eradicate exotic vegetation growing along numerous miles of County maintained drainage canals, ditches, and lakes. When growing along a canal bank, Australian pine trees have a tendency to out-grow the support provided by their toot system. This situation can pose a threat of personal injury and property damage. as these trees are prone to topple over in moderate to high winds. These trees have the potential to block:t1ows in the drainage system if they were toppled into the ditches or canals. Some AustraHanPines have purposely been planted, however most of these trees have established themselves along the high water line adjacent to the secondary drainage system. Removal of these trees will improve properties by reducing the risk of personal or property damage should these trees topple over in high winds. Australian pine trees are declared a public nuisance by Collier County Ordinance 99-51 when located in or adjacent to right(s)-of-way, canal(s), and eascment~. They are also designated "Prohibited Aquatic Plants" by the Department of Environmental Protection as referenced in Chapter 62C.52.Florida Administrative Code. Throughout the County hundreds of locations contain thousands of trees that should be eradicated. Five (5) work site locations were chosen for eradication sites. QUOleS were received for all five sites, but budget constraints reduced the number of areas to be cleared. This year's project is comprised of two (2) work sites locations. one being the Neptune Canal in Golden Gate City and the other is located off of Shadowlawn Drive at Horse Creek. Both sites are generally foundadjaccnt to canal and ditch banks located within County drainage easements. 'Ibis proposed work will also target any other exotic vegetation found among the Australian pine trees at each site such as Brazilian Pepper and Melaleuca. We received one (1) quote and four (4) No Quotes from firms under the "Annual ConLra{;t for Countywide Exotic Vegetation Removal". -- SUMMARY OF QUOTFS WORK SITE NO 1 Name of Company I Amount of Quote ~ 'I4ef\'l fo.h. lbelb Jvtl{ Z'l, zro'f ~l of-l( Executive Summary 2004 Australian Pine Removal Project Page 2 of3 NaturChem, Inc. No Quote Floraquatics, Inc. No Quote EarthBalance No Quote Aquatic Weed Control, Inc. No Quote Aquagenix $294,750 SUMMARY OF QUOTES WORK SITE NO 5 Name of Company Amount of Quote NaturChem, Inc. No Quote Floraquatics, Inc. No Quote EarthBalance No Quote Aquatic Weed Control, Inc. No Quote Aquagenix $2,500 FISCAL IMPACT: Funding in the amount of $149.000 is available in Fund 301 Australian Pine Removal Program (Project No. 51501). A Budget Amendment is needed to transfer $148.250 from the following projects into the Fund 301 Australian Pine Removal Program (cost center 172945) to finance the entire 2004 phase of this project. PROJECT NO. PROJECT NAME TRANSFER 510152 ImmokaleeIFlorida Specialties $100.000 51601 Nature Pointe $ 9.612 51704 ImmokaleeIMockiIl2bird Lake Outfall $ 38,638 Total $148.250 The ImmokalcelF1orida Specialties and Nature Pointe projects were awarded to the low bidder. The bids that were received were under the original anticipated budget. Residual monies will be transferred and used for the Australian Pine removal project. The ImmokaleeIMockingbird Lake. Outfall project is not ready for construction. To date, the design. permitting and construction is not compl(~te. Existing funds will be used to develop and expand the project design scope. Construction will be postponed until 2006. Funds can be transferred and used for the Australian Pine removal project. The source of funding is ad valorem taxes. The project has been awarded a $50.000 Grant through the Cooperative Water Resource Projects Funding Program of the Big Cypress Basin/South Florida Water Management District (SFWMD). Upon final completion. $50,000 of the County's total project cost will be reimbursed by SFWMD and be returned to reserves. -- GROWTH MANAGEMENT IMPACT: The Australian Pine Removal project is in accordance with the goals and objectives of the Drainage Sub~element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: ~ I~ No. Ib81b Ivl~ lI"J, zroq ~e... Z. of 4 Executive Summary 2004 Australian Pine Removal Project Page 3 of3 (1) Award Contract No. 03~3568 to Aquagenix, in the amount of $297,250. (2) Direct the Board Chairman to execute Contract No. 03-3568 with Aquagenix. (3) Approve the necessary budget amendment. .-- ~ ~ Mo. 16Blb -Tv I~ 2f') I 200y ThaQ. 3 of ~ COLLIER COUNTY ,,"'-' BOARD OF COUNTY COMMISSIONERS Item Number 16816 Item Summary Recommendation to award a contract in the amount of $297,250 to Aquagenix for the 2004 Australian Pine Removal Project (Project No. 51501). and approve a budget amendment to transfer funds in the amount of $148,250. Meeting Date 7/27/20049:00:00 AM Approved By Linda Jackson Contracts Agent Date Administrative Services Purchasing 7/13/20047:52 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 7/13/20049:34 AM Approved By John Vliet Roads Maintenance Superintendant Date Transportion Services Road Maintenance 7/14/20043:41 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 7/15/20049:42 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/16/200411:44 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/19/20044:58 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/19/20045:55 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/19/20046:24 PM A92rd~ Thm No. IbBlb Jvly 2'1, zro~ ~Q. 4 ~ t.{ _. EXECUTIVE SUMMARY Recommendation that the Board a\1thorize a spe~ limit cbange from fifty-five miles per hour (55 MPH) to forty-five miles per hour (45 MPH) on Oil Well Road from Corkscrew Middle School to 26()() feet east of' Everglades Boulevard, fora distance of approximately three (3) miles, alan approximatec9stof$6QO.OO. OBJECTIVE: To gain Board approval of a Resolution to change the speed limit on Oil Well Road from fifty-five miles per hour (55 MPH) to forty-five miles per hour (45 MPH) from Corkscrew Middle School. to 2600 feet east of Everglades Blvd. -- CONSIDERATIONS: Two newschoolsa.re currently under construction and will open in August of 2004 in the vicinity of the intersection of Oil Well Road and Everglades Blvd. Palmetto Ridge High School is situated on Oil Well Road two (2) miles west of Everglades Blvd. and is one-halfmilejust east of Corkscrew Middle School. The new high school will have three (3) driveways and a traffic signal. Estates Elementary School is situated on 6(Yh Street NB at BvergladesBlvd. Traffic'related to the two new . schools.. including school buses. 'parents transporting students, and high school students driving themselves to school will have a profound change in the operations of Oil Well Road in this area and. at its intersection with Bverglades Blvd. A speed change on the designated roadway will assist in. tnaintaining a safe operation of this segment of Oil Well Road in the vicinity of the new high school and is necessary prior to cha,ngingtrafficco1itrol at the intersection with Everglades Blvd. t9 an aU-way stop condition. FISCAL IMPACT: It will require six (6) new speed limit and advance wamingsigns to implement this speed change. The estimated cost ofinsta1ling the necessary speed limit and advance warning signs is approximately $600.00. Funds are available in the Transportation Services Fund (101). GROWTH MANAGEMENT IMPACT: This action will t'Csulf in no growth management impact RECOMMENDATION: That the Board approve the Resolution changing the speed limit on Oil Well Road. from Corkscrew Middle School to 2600 feet east of Everglades Blvd., authorize the Chairman to exeCute the Resolution, and authorize staff to erect the appropriate . traffic control signs. .,.-.... Agenda Item No. 16817 July 27,2004 Page 1 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16B17 Item Summary Recommendation that the Board authorize a speed limit change from fifty-five miles per hour (55 MPH) to forty-five miles per hour (45 MPH) on Oil Well Road from Corkscrew Middle School to 2600 feet east of Everglades Boulevard, for a distance of approximately three (3) miles, at an approximate cost of $600.00. Meeting Date 7/27/20049:00:00 AM Prepared By Robert W. Tipton, P .E. County Traffic Operations Engineer 7113/20045:58:42 PM Transportion Services Traffic Operations/ A TM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 7/14/20049:27 AM Approved By Diane B. Flagg Traffic Operations and Alt Trans Modes Director Date Transportion Services Traffic Operations/ A TM 7/14/2004 11 :02 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 7/14120044:47 PM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 7/15/200410:24 PM Approved By David C. Weigel County Attorney County Attorney Date County Attorney Office 7/19/20049:23 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/19/20049:37 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/19/200410:53 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office Agenda Ite~lWo~j'PM July 27, 2004 fJage 2 01 4 RESOLUTION NO. 2004- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COI.uER COUNTY, FLORIDA. AUTHORIZING A SPEED lIMIT CHANGE FROM AFTY- FIVE MILES PER HOUR (55 MPH) TO FORTY. AVE MILES PER HOUR (45 MPH) ON OIL WELL ROAD, FROM CORKSCREW MIDDlE SCHOOL TO 2600 FEET EAST OF EVERGlADES BOULEVARD, A DISTANCE OF APPROXIMATELY THREE MILES. WHEREAS. Chapter 316. Florida Statutes. pennits the Board of County Commissioners (BCC) to alter established speed limits on roads under' its jurisdiction; and WHEREAS, Oil Well Road falls under the jurisdiction of the BCC and has a fifty-fivc miles per hour (55 MPH) speed limit; and WHEREAS, in accordance with Olaptel' 316. Florida Statutes, the BCC may alter such cxisting speed limits as may be appropriate upon the basis of an engineering and traffic investigation: and WHEREAS, new schools are opening in August 2004 on Oil Wcll Road and on Evcrglades BouIevan:!, with associated school bus. parent, and sll1dentll'll.ffic utilizing roadways and intersection.~ in the immediate area to access the high school and the elemcnlal'y school; and WHEREAS, the results of the County's engineering and traffic investigation indicate that changing the speed limit to fOl'ty-five miles per hour (45 MPH) in the vicinity of the new Palmcuo Ridge Higb School and the Oil Wcll RoadIEverglades Boulevard intersection is reasonable and safer under the conditions found to exist and that it COIIfonns to criteria promulgated by the County and the Florida Department of Transportation (FDOT). NOW, TIiEREFORE, BE IT RESOLVED BY ntE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY. FlORIDA THAT: SECl'lON I: The Bce does hereby establish a forty-five miles per hour (45 MPH) speed limit on Oil Well Road, from the existing fony-five mile per hour (45 MPH) zone in fronl of Corkscrew Middle School to 2600 feet east of Everglades Boulevard, for a distance of approximately 3.0 miles, and does hereby direct the Collier County Traffic Opcnllions Department to ertX.'l appropriate speed limit signs giving notice thereof. SECTION 2: A ropy of tbis Resolution shall be f~ to the Collier County SheriWs Office for proper enfoo:ement of the CSllIblished speed limit for Oil WeURoad within the designated segment. SECTION 3: The effeclive dale of the speed limit change shall be after written notifiCation to the SberiWs Office and upon posting of appropriate signage. This Resolution adopted after motion. second. and majority VOle favoring same Ihis day of . 2~. ATTEST: DWIGHT E. BROCK. Clerk . Deputy Qed: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, ~nda Item No. 16817 July 27,2004 PGlge 3 of 4 BY: Approved as to form and legal sufficiency: Jeffrey K1atzkow Assistant Collier County Attorney Agenda Item No. 16817 July 27, 2004 Page 4 of 4 - EXECUTIVE SUMMARY Recommendation to approve a landscape installation and maintenance agreement between Naples Botanical Garden, Inc. and Collier County for landscaping and irrigation installation within the rigbt..or-way on Tbomasson Road at no cost to tbe County. OBJECTIVE: For the Board to approve enhanced landscaping along Thomasson Road. a County Road, and to assure adequate landscape maintenance. CONSIDERATION: The Agreement (Attachment l)permil~. the installation of landscaping and irrigation within the righi-or-way. The Agreement provides for future ongoing maintenance of all improvements within. the County'sright-of-way on Thomasson Drive. The Naples Botanical Garden will be financially responsible. for the maintenance and future replacement of the Improvements. _. The County has the right, under the Landscape Maintenance Agreement. to direct the Naples Botanical Garden, Inc. to make any necessary repairs or, if the County's direction is not complied with. to m.ake the repairs and bill the Naples Botanical Garden, Inc. Further, the Agreement indemnifies the County from any action on the part of the developer or the property owners association that might be detrimental to the County. The Agreement may be terminated without cause, upon written notification to the other. If the County exercises this right. it will be responsible for tberemoval of improvements or restoration of the road. If the A~ociation exerci~s this right, at its sole expense shall restore the Road to the condition that existed prior to theagreement. Finally, the Agreement incorporates a set of Maintenance Specifications that the developer and the property owners of the Naples Botanical Garden, Inc. must. comply. FISCAL IMPACT; The Naples Botanical Garden. Inc. is responsible for recording fee of $103.50 made payable to the Clerk of Courts. AU expenses associated with the improvements and the related .ongoing maintenance shall be the responsibility of the developer and the property owners association. GROWfH MANAGEMENT IMPACT: None. UCOMMEN'DATION: That the Board approve the attached Agreement and authorize the Chairn1ai1 to execute it on behalf of the Board. ,,-.... . Agenda Item No. 16B 18 July 27, 2004 Page 1 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16B18 Item Summary Recommendation to approve a landscape installation and maintenance agreement between Naples Botanical Garden, Inc. and Collier County for landscaping and irrigation installation within the right-ot-way on Thomasson Road at no cost to the County. Meeting Date 7/27120049:00:00 AM Prepared By Pamela J. Lulich Project Manager 7/12/20042:08:35 PM Transportion Services Traffic Operations/ A TM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 7/13/20046:22 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 7/14/2004 7:49 AM Approved By Diane B. Flagg Traffic Operations and Alt Trans Modes Director Date Transportion Services Traffic Operationsl A TM 7/14/200410:50 AM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 7/14/2004 12:22 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/15/20043:51 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/16/20049:51 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/19/2004 2:50 PM Agenda Item No. 16B18 July 27,2004 Page 2 of 14 STANDARD FORM LANDSCAPE MAINTENANCE AGREEMENf REcrr ALS: WHEREAS, County is the owner of that certain right-of-way located in Collier County, Florida and known as ~~\'l ~ (hereinafter referred to as "Road); and WHEREAS, Section IV-B-12 of the Construction Standards Handbook for Work Within The Public Rights-Of-Way, Collier County, Florida (2003) provides as follows: Permitting The responsible property owner or his authorized age'" must apply for a "Permit to Perform Work and/or Maintenance in Public Righls-of-way". Landscaping Permit Withm tM public rights-of-way: A private owner, Developer or civic or homeowners' association desiring to landscape within a public right- of-way sholl submit 0 landscape and irrigation conslrl/ction dOCll1l1entr prepared by a licensed landscape architect fOr County review. The Permit application shall include three (3) sets of detailed plans indicoting tM existing right-of-way facilities anti the type and location of the proposed plantings, location of electrical and irrigation systems(s). After acceptance oftM landscape anti irrigation plans. a landscape agreeme'" shall be prepared by the contracting ponies and approved by the ColUlly attorney's office. (See Appendix for example) The plll'pOse of the landscape agreeme'" is to ensure that the Permittee, or his successors or assign. shall be respansible to maintain such material and irrigation system until removed or unless otherwise specified; and WHEREAS, in keeping with the above, the Association has applied for a Landscaping Permit Within the Public Rights-of-Way, and has submitted landscape and irrigation construction documents prepared by a licensed landscape Ill'Chitect for County review. A copy of this Permit and the plans are attached hereto as Schedule "A". The Association shall follow the Collier County Maintenance specifications attached as Schedule "a". NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: lof4 Agenda Item No. 16818 July 27,2004 Page 3 of 14 1. Subject to the issuance of all necessary Pennits, County hereby grants to the Association the right to use those portions of the Road depicted in Schedule "A", for the sole purpose set forth in Scbedule "A". The Pennits address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane closures during the time that work is to be performed. 2. The Association agrees to construct and maintain the improvements set forth in Schedule "An (hereinafter refened to as "lmprovementsj at its sole cost and expense. until such time as the County executes a releue from indemnification as discussed below. 3. Should the Association fail to construct or maintain the Improvements in accordance with Schedule" A" or law, the C01D1ty may provide notice to the Association in writing. specifying the nature of the deficiency. Within five working days following receipt ofsucb notice, the Association at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage 10, or failure to maintain the Improvements results in a situation where public safety is at risk. (1) the Association shall effect repairs within twenty-four hours of receipt of the County's written notice, or (2) the Co\D1ty may, at its option, effect repairs to the Improvements. without the need for prior notice to the Association, and will promptly bill the Association for all actual costs incurred in effecting the repairs. The Association shall reimburse the Comrty for such costs within thirty days of receipt of the County's bill. 4. The Association, 8lI Indemnitor hereunder, shall indemnify and save harmless the County, as Indemnitee hem.mder, including all employees of the CO\D1ty, from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties. interest, expenses. costs, or judgments, including attorneys' fees and costs of litigation, against the County arising ma of the Association's use of the Road for the purposes set forth in this Agreement, including the construction and removal of the Improvements. The Indemnitee shall not undertake to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder without the prior consent of Indemnitor, such consent to not be unreasonably withheld. 5. The indemnity provided for by this Agreement will extend from the date of this Agreement until such time as the parties hereto acknowledge in writing that the Association has ceucd to use the Road for the purposes stated within this Agreement and the Road has been restored as set forth below, at which time, following receipt of the Association's written n:quest, the County will execute a release from indemnification in favor of the Association. 6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the County in connection with this Agreement, within thirty days of the date that County is aware of such claim. 7. Unless terminated as set forth below, this Agreement shall remain in full force and effect in perpetuity from the date first set forth above, and shall be binding upon the parties and 20f4 Agenda Item No. 16818 July 27, 2004 Page 4 of 14 all their successors in interest. The Agreement may be freely terminated as of right by either party, with or without cause, upon written notice to the other. If the Association exercises this right, or if the County exercises this right based upon the Association's substantial breach of this Agreement, then upon written demand by County, the Association, at its sole cost and expense, sha1l remove the Improvements and will restore the Road to the condition that existed immediately prior to the effective date of this Agreement. If the County exercises this right, or if the Association exercises this right based upon the COlDlty'S substantial breach of this Agreement, then the County will be responsible for any removaJ of the Improvements or restoration of the Road. Except for the above, neither party will be liable to the other for any damages or claims resulting from the termination oflhis Agreement. 8. In the event either party hereto shall institute legal proceedings in cooncction with, or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels. 9. This Agreement may be recorded by the County in the Official Records of Collier County, Florida. The Association shall pay all costs of recording this Agreement prior to the execution oflhis Agreement. A copy of the Recorded Agreement will be provided to the Association. ] O. This Agreement is the entire agreement between the parties, and supercedes all previous oral and written representations, agreements and understandings between the parties. This Agreement sball be governed by the laws of the State of Florida, and may not be altered or amended in any way, save by written agreement signed by both parties. REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK FOR SPECIAL cmmmONS, IF ANY 3of4 .._~ Agenda Item No. 16818 July 27,2004 Page 5 of 14 In Witness Whereof, the parties have caused these prescn1S to be executed OD the day and date first above written. BOARD OF COUNlY COMMISSIONERS COLLIER COUNTY, FLORIDA AITEST: Dwight E. Brock, Clerk By: Donna Fiala, Chairman , Deputy Clerk STATE OF FLORIDA COUNTY OF COLLIER Signed and acknowledged on this Ldayof .:fLLc...\{ ,2004, before me, the undersigned no1Bl)' public, by ~1Jl)eA &UttJIJ . President of IJIWLE.6 'Bo"r~I(}llt.. ~~oe~ I I ~. . a Florida corporation not-for-profit. on behalf of the corporation."He,5 is personally known to me or [ ] produced as identification. ~X.~ Notary Public Printed Name: l!..~6-ne. ~. "f>~61..rrof.,) My Commission Expires: ~/JG 'U.1 ZDof; orm Ind Suftk:~ OWSIU L1IIIDmIN NOI'AJIY PUILIC "'Aft(ll~ altIOBION NO. DIllIIJ'h4 MYCONMI!lI5Q\/ EXP.n 40f4 Agenda Item No. 16818 July 27,2004 Page 6 of 14 SCHEDULE "B" RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFICA nONS These specifications are intended to provide the information by which private entities may understand the minimum requirements of Collier County relative to maintaining County rights of ways. Rccords ofall specification requirements shall be kept and made available to the County's representative upon request. A. MOWING AND BOOING: Mowing and edging shall include medians as well as those areas, if existing, along the outside edge of the sidcwalb of adjacent properties. All turf sball be mowed with mulching type: mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost Grass shall be cut at a height of three and one half inches (3 ~"). The frequency of cutting will be weekly or fifty-two (52) times. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all planting beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts, and trees. Metal blade edging is not permitted along back of curbing. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas arowxl isolated trees, sprinkler heads. valve boxes, shrubs, sign posts, manholes, etc. where they exist All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. All sidewalks, curbing and/or gutters shall be cleaned after each service. All sidewa1ks shall be blown clean, but no clippings or other debris sball be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. B. WEEDING: Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail bases, and curb joints as well as other mulched areas by chemical andlor hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. C. GENERAL SITE PRUNING: General site pruning shall be defined as the pruning of any plant's foliage below ten-foot (10') foot All groundcovers, shrubs, canopy trees and palms up to ten foot (10') level, shall be inspected and pruned on 8 weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or lofB Agenda Item No. 16818 July 27,2004 Page 7 of 14 form as determined by County's representative. Pruning shall also include removal of water sprouts, suckers and any dead or diseased foliage or branches. During the first week of October and April, ornamental grasses, such as Fountain grass, Florida Gamma or Fakahat.chee grass shall be pruned in a pyramid shape to a twelve inch (12") or twenty-four (24'J height based upon the type of plant. Ornamental type grasses such as Liriope muscari 'Evergreen Giant', shall only be pnaned at the direction and approval of the County's representative. Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimum height of one hundred twenty inches (120"). Shrubs and groundcovcrs adjacent to pathways or sidewalks shall be pruned to maintain one foot (1') of clearance from the edge of tile pathway. IT is recommended that adjacent shrubs and groundcovcrs be maintained so that they angle or are rounded away from the pathway. D. TRASH REMOVAL: With each service, all sites shall be cleaned by removing all trasb or debris to include, but not limited to; paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick-up shall be performed '"prior" to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. E. STREET CLEANING/SWEEPING: Street Cleaning: A four foot (4') wide area measured from the face of the curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris or objectionable growth so to maintain a neat and safe condition. F. TRAFFIC CONfROL: The developer shall comply with the requirements of Collier County Maintenance of Traffic (MOn Policy, copies of which are available through Risk Management or the Purchasing Department. The Developer sball obtain and review the County MOT policy requirements prior to submitting a bid. The Developer will be responsible for obtaining copies of all required manuals, MUTeD, FOOT Roadway &. Traffic Design Standard Indexes, or other related documents, so to become familiar with the requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. To assist in employee visibility; approve bright day glow redlorange colored safety vests shall be worn by employees when servicing the area. G. CANOPY TREE AND PALM PRUNING For this site, canopy trees shall be defined as any large shrub, tree, or palm with foliage above a ten foot (10' _level. All canopy trees and palms shall be pnmed on a continuous basis to create and maintain a s~venteen-foot (17') canopy clearance over the roadways and a ten-foot 20f8 Agenda Item No. 16818 July 27,2004 Page 8 of 14 (10') canopy clearance over all pathways. Canopy trees shall be selectively pruned twice per year in April and September so to thin the interior canopy of cross branching and to shape the canopy of the trees. The County's representative shall approve a professional licensed to prone tress under the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional shall do the pnming and sharpening. The work shall be performed per ANSI AS300 "Standard Practices for Trees, Shrubs, md other Woody Plant Maintenance" and done in a professional manner in accordance with "Pruning Standards" of the national Arborist Association or accepted local trade standards and practices. Palms shall be pruned annually during June of each year. The palms shall be pruned to a "Tropical Cut" or to a nine (9) o'clock- three (3) o'clock angle from the horizontal at the base of the palm's bud or lowest fronds. Approximately seven (7) to (10) ten green fronds shall be left at the head after pruning. The pruning shall include removal of all nuts, seed stalks, brown or dead and lower fronds. The work shall be done in a profession&! manner in accordance with acceptable trade standards and practices. The palms sball not be climbed with tree spikes to remove the fronds. The pruning shall be accomplished by the use of a ladder, boom truck or lift. All debris from the pruning shall be removed and the site shall be left on a clean and neat manner. When the annual or bi-annual heavy pruning work is being performed with the use of a lift or boom truck. it is required that the adjacent traffic or turn lane to the work area, be closed using traffic control devices and signage per the current FOOT traffic control standards and indexes. H. FERTn..IZA nON Granular fertilization of shrubs and groWldcovers shall be applied by hand in a twelve-inch (12j wide radius ring around the base of the plants. Granular fertilization of the trees and palms shall be determined by the caliper (diameter) of the trunk and broadcast by hand in a band around the plant's base from a distance of 12" to the drip line of the palm, whenever possible. An 8 oz. cup equals one (I) poUDd. Trees and palms shall receive one (I) cup per one-inch (I") caliper. Shrubs and groundcovers shall receive one (1) cup per three foot (3') of height or spread. Shrubs and groundcovers shall receive one-half(II2) cup per eighteen inches (18'') of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. Turf Areas and Plant beds containing Shrubs, Groundcovers, and Trees. 30f8 Agenda Item No. 16818 July 27, 2004 Page 9 of 14 The (13-3-13) fertilizer shall be applied at a rate often (10) polDlds per one thousand (1000) 5q ft. forall areas. Four applications of (13-3-13) fertilizer will be applied yearly during the months of February, May, July, and October. Palms Developer shall apply approved by CoUDty's representative palm fertilizer during Febnwy, May, July, and Odober as specified below. Should yellowing occur on the top of the fronds, manganese sulfate will be required and if on the lower fronds, Sul-Pa-Mag or equivalent will be required to be applied with the palm fertilizer at the rates specified. 1. MULCHING Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide for a fom inch (4") non-compacted or unsettled depth measured tiom the existing soil grade. The area to rec::eive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Two inches must be applied to replenish this mulch twice a year, Noveniber and durin& May. J. LANE CLOSURE Lane closure for median maintenance sball be limited. Upon proper placement of the lane closed signs. pre-warning signs, arrow boards. traffic cones fonn the existing soil grade. The area to rec::eive the mulch sba1l be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Two inches must be applied to replenish the mulch twice a year, during November and during May. K. lRRIOAll0N SYSTEMS The irrigation systems shall be checked and repaired as necessBIY. Each zone sba1l be manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operations of the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure proper opemtion. Maintenance responsibilities will include cleaning and adjustment ofbeads, nozzles, installation or replacement of risers, repair of minor PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve boxesllids and adjustment of controller and rain shut off switches for settings and operations. Where required, the Developer shall maintain on site reclaimed water inigation signage. SUBSURFACE IRRIGATION SYSTEMS: No excavation or mechanical metal edging around plant beds shall be done within the Right-of-way. Mechanical metal blade edging is permitted along the back of curbing. Weekly Service Requirements: I. A visual inspection of the subsurface irrigation systems shall be performed 40f8 Agenda Item No. 16818 July 27, 2004 Page 10 of 14 weekly to detenninc if the systems are fimctioning nonnally and if cuts, leaks, piping damage, flooded areas exist, and repair as necessaJY. This shall also include review and re-setting of the controller and in-ground moisture sensor adjustments or other rain sensing devices as needed. 2. System Computerl Controller a. Operate, adjust, and set controller to provide proper operation of the systems. b. Diagnose and repair electrical and mechanical malfimctioDS. c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings. d Operate con1roller on automatic, manual and single trip operation. e. Monitor controller standby battery backup and replace as required. 3. Automatic Control Assemblies and Quick Coupling Valves a. Review control valve assembly and by-pass system for proper settings. b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks; pressure gauge operation; proper settings and are clean of debris or mulch. 4. Pump Sites a. Inspect for proper operations. b. 1be Developer shall record and provide to the County's representative the well water flow meter readings for the two well locations on the General Maintenance Report Sheets. 5. Review system water source connections to include water meteI3, beckflow preventers, gate valve points of conoection and main lines for proper operation. Monthly Service Requirements: I. Automatic Control Valve Assembly a. Manually operate valves, and clean valve assembly filters. 2. Backflow Assembly a. Review assembly for proper operation and clean filter as needed. 3. Quick Coupling Valves a. Review boxes and operate valve. 4. Pump Sites a. Once a month. the Developer will trouble shoot each pump station, checking amperage draw and document the results for future reference. b. Manually run the system to ensure proper coverage and that no sprinkler head and nozzle are spraying onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to 50fS Agenda Item No. 16818 July 27, 2004 Page 11 of 14 eDSun: proper coverage. c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. d. The Developer will clean the strainers filters and inspect them for wear at the Pump Station. S. Manually run the system with open flush caps and review sprinkler head indicators located at the end of zones. 6. acview pressun: gauge readings at control valve assemblies for each zone, as well as gauges located at the end of zones where present to detennine the system and porous piping is fuDctioniug properly. 7. Check, analyze and adjust flow control devices as required. Quarterly Service Requirements: 1. Review all subsurface system piping. valve assemblies, wiring, moisture sensors and controllers for overall operation and provide adjustments as required to assure proper operation and irrigation application. Conventional Pop-up Irri&ation Systems: Weekly Service Requirements: 1. Each median zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair system for any blown-offheads. broken lines or leaks aroood heads or valves. 3. Check the controller and rain sensing devices for proper operation and settings. 4. The Developer shall further adjust all sprinkler heads tgo ensun: that all1and.scaped areas receive one hundred percent (1000/0) irrigation coverage. S. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. Monthly Service Requirements: 1. Manually run the system, clean and adjust sprinkler headslnozzles and concrete donuts as neceSSaJ)' to eDSUnl proper coverage and that there are DO sprinkler heads/nozzles spraying directly onto the roadway. a. Each median and side right-of-way zone shall be manually tmned OD at the valve to ascertain proper operation of the system. b. Repair system for any blown-off head. broken Jines or leaks 60fS .- Agenda Item No. 16818 July 27, 2004 Page 12 of 14 around heads or valves. c. Cbe<:k the controllers and rain sensors for proper operation and settings. d. The Developer shall further adjust all sprinkler beads to ensure that alllandsc:aped areas receive one hundred percent (100%) irrigation coverage. e. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. General Service Requirements for Irrigation Systems: 1. Should South Florida Water Management District or other governing agency establish water restrictions. the irrigation systems sha1I be inspected and all other controllers set to the mandated boors of operation set by the District or Agency. Subsurface systems are exempt from water restrictions. 2. Replace defective heads or nozzles, install or replace defective risers and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes/lids if caused by the Maintenance Developer. 4. Inspa:t, clean, and replace. if necessary, screen/filters within the sprinkler heads. 5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds arc to be kept two inches (2") above finished mulch. 6. One hundred percent (100%) irrigation coverage shall be maintaiDcd within all irrigated landscaped areas while this Contract is in effect. 7. Notification to the CO\IDty's representative is required when acts of vandalism or acc:idents have oc::curred to the irrigation system. Photos shall be taken and provided to the County's representative at no added cost. Miscellaneous Irrigation Maintenance Responsibilities: 1. Should the temperature be forecast to be below thirty-four (34) degrees, the Developer shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Developer's responsibility to notify the County's representative of any irrigation problems or additional irrigation maintenance needs. 3. The irrigation service personnel must trouble shoot time clocks, i.e. power-in 110 volt and 24-voh fuses, 24 volts output when necessary. 4. The irrigation services personnel must trouble shoot any pump start 70f8 Agenda Item No. 16818 July 27,2004 Page 13 of 14 relay, main fuses and capacitors when necessary. R BRICK P AVERS AU median brick paving shall be pressure cleaned twice per year, in April and November, to remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas, the developers shall clean-up debris if present, and or flag off the areas with protective barriers andlor high visibility hazard tape. Damaged areas must be repaired as quickly as possible. I. PEST CONTROL Trees, Palms, Shrubs, Groundcovm, and Sod must be closely monitored for pests and discascs and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative. BofB - Agenda Item No. 16818 July 27,2004 Page 14 of 14 EXECUTIVE SUMMARY Recommendation to Approve Contract for RFP #04..3571, "Green Boulevard Extension Corridor Study/, (Projeet Number 62024) in the Total Amount of $277,058 OBJECTIVE: Obtain Soard approval to sign a contract with consulting firm PBS&J to provide professional services for a Planning Corridor Study. The Study will evaluate the transportation impacts of extending Green Boulevard as a thrc>ughroad west of Santa Barbara Boulevard to Uvingston Road. CONSIDERATION$: . The Needs Plan. component of the Collier County Metropolitan Planning Organization (MPO) 2025 Long Range Transportation Plan Update (LRTP) contains a Green Boulevard Extension between Santa Barbara Boulevard and Livingston Road. In addition, the Collier County 5-Year Transportation Work Program includes a Green Boulevard Extension Study for FY2004. A Request for Proposals (RFP #04-3571) was issued for the purpose of establishing a contract with a consulting firm capable of providing professional seJVices to the County for this study. The RFP was issued on October 8, 2003. in accordance with Rorida Statutes, Section 287.055, Consultant Competitive Negotiation Act. Notices were sent to 181 firms, with 40 requesting packages, and 8 firms submitting proposals by ttJe due date of October 31, 2003. A Selection Committee meeting was held on November 19, 2003. The review,scoring, and discussion of thepropQS4ls by the Selection Committee resulted in a three-way tie for highest- ranking firm. The three firms tied as highest-ranking were: - DRMP PBS&J Stanley Consultants These tI1reefil'JT1s. gave presentations to the Selection Committee on .December 10, 2003. Following review. scoring, and discussic>n of the presentations, a consensus of the members of the Selection Committee determined the ranking ofthe top three firms as follows: 1. PBS&J 2. DRMP 3. StanleyConsultants Negotiations have successfully concluded with the top ranked firm, PBS&J, in the amount of $277,058. FISCAL IMPACT: A bUdget amendment is needed in the amount of $ 280,000. This is to award the contract and allocate a small contingency for this project. Source of funds are Gas Tax Reserves. ,-.. GROWTH MANAGE"'~NT I~PACT; A potential Green Boulevard Extension between Santa Barbara Boulevard and liVingston Road is consistent with the Growth Management Plan and Long RangeTransportation Plan. Agenda Item No. 16819 July 27,2004 Page 1 of 3 RECOMMENDATION: That the Board of County Commissioners grant approval of the contract with PBS&J to provide professional services for the Green Boulevard Extension Corridor Study, approve the necessary budget amendment, and authorize the Chairman to sign a standard County Attorney approved contract. .- ,-... Agenda Item No. 16819 July 27,2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16B19 Meeting Date Recommendation to Approve Contract for RFP #04-3571. "Green Boulevard Extension Corridor Study,' (Project Number 62024) in the Total Amount of $277,058 7/27/20049:00:00 AM Item Summary Prepared By Joseph Quinty Principal Planner 7113120042:29: 11 PM Transportion Services Transportation Planning Approved By Donald L. Scott Transportation Planning Director Date Transportion Services Transportation Planning 7113120043:27 PM Approved By Linda Jackson Contracts Agent Date Administrative Services Purchasing 711312004 4:26 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7114/20049:21 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 7114/200410:40 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 7114120044:21 PM Approved By Diane Perryman Executive Secretary Date Transportion Services Transportation Services Admin. 7115/20044:49 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7116120049:09 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7119120044:10 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/19/20044:41 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/19/20045:05 PM Agenda Item No. 16819 July 27,2004 Page 3 of 3 EXECUTIVE SUMMARY Recommendation that the Board approve a contract between ConsulTecb. Inc. and Collier Counl)' for System Manager Engineering Servic.es related to Construction Inspection and Implementation Oversight for theoonstnlCtion and Unpletnentation of th.e Advanced Traffic Management System (ATMS) Phase 11 project, with coststQtbe County reimbursed by the Florida DepatUrient of Transportation. OBJECflVE: To gain Board approval of a System Manager Engineering Services contract with ConsulTecb, Inc. for COnstrUction Inspection and Implcmentation Oversight for .Phase II of thc Advanced Traffic Managemtml System (ArMS) project. CONSIDERATIONS: OiiNovember 18,2003, in Item 16(B)(3), tbeBOard approved a Joint Project Agteement(JP-,,) bcr:weenCo1lier County and tbe Florida Department of Transportation (FDOT>, in which the SweofFloridaagreed to turn over construction and implementation responsibilities to Collier County for construction and integration for Phase U of the ATMS and reimburse the County for project costs. A Request for Proposal$.was issued. by Collier County for consultant Professional Services on April 15, 2004. Propo$al pacKages were issued to fifteen (15) finns. Six (6) finns attended the mandatory pre- ptop(lSal meetiilg on May 3, 2()04. Three finns submitted proposals on May 14, 2004. and those p.ropo$3ls w~ rated ~ ranked. by the Selection Committee.. Tbe Selection Committee ~nanil1lO1J$ly tated ConsulTech's as the nun:1ber one proposal. ,""-""" FISCALIMPACf: The ConsblTech. Inc. proposed cost for providing SyStell1 Manager Engineering Services. . incl\1ding sub-OOIlsultant. costs, isa Maximum Limiting Amount of $653,176.54.FDOT funding in .tlleamount ot $6S3.176.54 is available and programmed in Fiscal Year (03/04) to reimburse the COuntyJorConstnteti()J1 lfiSpection and hnplementation Over$ightSer:vices costs involved in.Phase II of the ATMSl'fOject.OasTaxes through Project 601722 will fund the County's expenditures-before- FOOT-reimbursement. and tlle reimbursement from FDOT will be placed back into that Gas Tax supported1\JJld. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the execution of the System Manager Eilginecring ServicescoDtraCt between ConsulTech, Inc. and Collier County. --- Agenda Item No. 16820 July 27,2004 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16B20 Item Summary Recommendation that tha Board approve a contract between ConsulTech, Inc. and Collier County for System Manager Engineering Services related to Construction Inspection and Implementation Oversight for the construction and implementation of the Advanced Traffic Management System (ATMS) Phase II project, with costs to the County reimbursed by the Florida Department of Transportation. Meeting Date 7/27120049:00:00 AM Prepared By Robert W. Tipton, P.E. County Traffic Operations Engineer 7/13/2004 5:26:42 PM Transportlon Services Traffic Operations/ ATM Approved By Linda Jackson Contracts Agent Date Administrative Services Purchasing 7/14/20048:18 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7/14/20049:38 AM Approved By Diane B. Flagg Traffic Operations and Alt Trans Modes Director Date Transportion Services Traffic Operations/ ATM 7/14/200410:53 AM Approved By Usa Taylor Management/Budget Anaiyst Date Transportion Services Transportation Administration 7/14120043:07 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportlon Services Transportation Services Admin. 7/14/20044:40 PM Approved By Diane Perryman Executive Secretary Date Transportlon Services Transportation Services Admin. 7/15/20044:55 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/16/20049:13 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/19/20044:00 PM Approved By County Manager's Office Management & Budget Director Office of Management & Budget Date Michael Smykowskl 7/19/2004 5:12 PM Approved By ,- James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/19/20045:42 PM Agenda Item No. 16820 July 27. 2004 Page 2 of 2 EXECUTIVE SUMMARY Recommendation to the Board to approve a rate increase for the Transportation. Disadvantaged Program OBJECTIVE: To acquire Board approval to increase the per trip rate currently being paid to contracted providers for the provision of transportation disadvantaged trips. CONSIDERATION: The trip rates for the Transportation Disadvantaged program have not increased in Collier County since 1999. The Community Transportation Coordinator's sub-contractors have expressed their concerns regarding the current rate structure due to escalating costs for vehicle liability insurance, health insurance, and fuel. The Local Coordinating Board for the Transportation Disadvantaged program, chaired by Commissioner Fiala, endorsed the proposed rates at their July 14, 2004 meeting. With Board of County Commissioners approval, the rate increase will be presented to the Commission for the Transportation Disadvantaged Rate Review Committee for their endorsement before being presented to the full Commission for the Transportation Disadvantaged Board for approval. Staff is recommending blended rates rather than the current trip rates for rural and urban areas. The blended rates depict the separation of wheelchair trips and arnbulatory trips rather then urban trips and rural trips. _. Current Rates Random Trip Group Trip Stretcher Trip Hourly Rate Out of Area Urban $12.00 $9.50 $24.00 + i.50/mile $45.00 $12.50 + 1.40/mile Rural $27.50 $14.50 $24.00 + 1 .50/mile $45.00 $12.50 + i.40/mile ,-- Proposed Rates Ambulatory Random Trip Ambulatory Group Trip Wheelchair Random Trip Wheelchair Group Trip Stretcher Trip Hourly Rate Out of Area Trip Escort $17.75 $15.00 $27.50 $27.50 $28.50+ 1.50/mile $45.00 Base Rate plus i.S0/mile $5.00 Agenda Item No. 16821 July 27, 2004 Page 1 of 4 Following approvals, an amendment with the new per trip rates will be attached to the current contract. RFP 02-3383, between ATC Paratransit and Collier County for the provision of Management of the Transportation Disadvantaged program. FISCAL IMPACT: The County has budgeted $808,200 in Fund 126-138330 for FY 04/05 for the provision of Transportation Disadvantaged services. The revised rates will begin on October 1, 2004. The increase in rates was anticipated and was budgeted for FY 04/05. GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board approve the proposed rate increase for the Transportation Disadvantaged program. ,.- -" Agenda Item No. 16821 July 27, 2004 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16B21 Item Summary Recommendation to the Board to approve a rate increase for the Transportation Disadvantaged Program Meeting Date 7/27/20049:00:00 AM Prepared By Jill M. Brown Public Transportation Planner 7113/200411:12:22 AM Transportlon Services Traffic Operations! ATM Approved By Lisa Hendrickson Management/Budget Analyst Date Transportlon Services Traffic Operations! A TM 7113/20044:25 PM Approved By Jill M. Brown Public Transportation Planner Date Transportlon Services Traffic Operationsl A TM 7113/2004 4:31 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportlon Services Transportation Services Admin. 7114120045:06 PM Approved By Diane B. Flagg Traffic Operations and Alt Trans Modes Director Date - Transportlon Services Traffic Operatlonsl A TM 7/14120045:40 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportlon Services Transportation Administration 7/15/20049:27 AM Approved By Charlene Hoglund Date 7115/200410:58 AM Approved By Diane Perryman Executive Secretary Date Transportlon Services Transportation Services Admin. 7115/20044:39 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7116120047:14 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7116120048:13 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 7/19/20046:16 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7119120046:46 PM Agenda Item No. 16B21 July 27,2004 Page 3 of 4 Collier County Local Coordinating Board for the T~nsportation Disadvantaged Naples City Hall, Media Room (Second Floor) 735 Eighth Street South, Naples July 14,2004 1:30 p.m. Attendance -LCB Board Members Chairman Donna Fiala Mindy Idaspe Patricia Roach Paul Starzyk Peter Kraley Allan Bratton Kevin Hilliard Richard Shine Pam Fico Joe Martinez Nick Whitney MPO Staff Johnny Limbaugh Chuck Bannby Others Jill Brown - Collier County Diane Flagg - Collier County Connie Deane - Collier County Barbara Chesney - Collier County Alan Strand - ATe Gabe Tejerino - Caring for Kids Russ Baisley Excerpt from agenda item 4 A Review/Approval of Proposed Rate Increase for Service Providers Mr.Kraley I move to approve the document titled Urban Rural Trips Proposed Rate Increase. Ms.. Fico I second the motion. MOTION CARRIES 9-1 1 No 1 Abstention - Medicaid Representative Agenda Item No. 16821 July 27,2004 Page 4 of 4 r"- EXECUTIVE SUMMARY Recommendation that the Board award Bid Number 04-3644. "Conduit and Communications Pull Box Inslallation" to Young's Communications Co., Inc., and Kent Technologies. Inc., with a total c~t of approximately $1.118,000.00, to be funded by Project 601722. "Computerized Signal System". OBJECl1VE: To gain Board approval of a Conduit and Pull Box Installation contract with Young's Communications Co., Inc., and Kent Technologies, Inc. tOt communications requirements of Phase 11 of the Advanced Traffic Management System (A TMS) project. CONSIDERATIONS: On November 18.2003, in ltem 16(B)(3), the Board approved a Joint Projcct Agreement (JPA) between Collier County and the Florida Department of Transportation (FDOT), in which the State of Florida agreed to turn over Consll'UCtion and implementation responsibilities tp Collier County for construction and integration for Phase n of the ATMS and to reimburse the County for project costs. A major part of the construction of Phase I1 will be the ins lallation of conduit and pull boxes for fiber oplic communications cable. Bid Number 04-3644, for installation of conduit and pull boxes was posted on June 10,2004. Three-hundred-thirteen (313) Bid Packages were sent to prospective bidders. Ten (10) packages were received by the bid deadline of July 8, 2004. Award is based on the total amount of all line items. Lowest Bid is Young's Communications Co, Inc. The second low bid is Kent TechnQlogies, Inc. In order to expedite the installation process, it is recommended that the Board award to the two (2) lowest finns. ~- FISCAL IMPACT: Given the estimated quantities of Phase II of the ATMS project, the contract bid unit costs forecast a conduit and pull box installation project cost of approximately $1,118,000, which is less than the FOOT estimate of $1,186,680.40. FOOT funding in the amount of S3,520,456.00is available and programmed in Fiscal Year (03/04) to reimburse the County for Construction cost$ involved in Phase II of the A TMS project. Gas Taxes through Project 601722 will fund the County's expenditureS~ before-FDOT-reimbursement. and the reimbursement from FOOT will be placed back into that Gas Tax supported fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the award of Bid Number 04-3644 "Conduit and Pull Box InstallationH to Young's Communications Co., Inc., and Kent Technologies, Inc. ~ Agenda Item No. 16B22 July 27 I 2004 Page 1 of 4 ~ Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B22 Recommendation that the Board approve a contract with Young's Communications Co., Inc., and Kent Technologies, Inc. for Conduit and Pull Box installation related to communications cable for the Advanced Traffic Management System (ATMS) Phase II project, with costs to the County reimbursed by the Florida Department of Transportation. 7127120049:00:00 AM Prepared By Robert W. Tipton, P.E. Transportion Services County Traffic Operations Engineer 7113120045:39:08 PM Traffic Operations/ ATM Approved By Diane B. Flagg Transportion Services Traffic Operations and Alt Trans Modes Director Date Traffic Operationsl A TM 71141200410:57 AM Date Approved By Norm E. Feder, AICP Transportlon Services Transportation Division Administrator Transportallon Services Admin. 7114120044:43 PM Date Approved By Charlene Hoglund Approved By Diane Perryman Transportion Services 7/151200411:39 AM Executive Secretary Date Transportation Services Admin. 7115120049:59 PM Date Approved By Lisa Taylor Transportion Services ManagemenllBudget Analyst Transportation Administration 71161200411:24 AM Date Approved By Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing 7116120041:56 PM Date Approved By Pat Lehnhard County Manager's Office Administrative Assistant Office of Management & Budget 7/1612004 2:44 PM Date Approved By Susan Usher County Manager's Office Senior ManagemenllBudget Analyst Office of Management & Budget 7119/20043:54 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 7119120045:11 PM Date Approved By James V. 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I I i 'I~, I I I,. ill' i Ij' " I I: I I I), i II !I I I I II il I III i =, I , 'I ... .S!li ! i .: E, I i :::JI i i S! U-I · ii, i ~I ~_)(i,1 I gi'~co' I i I' il cfi ~l~ I! I !. (/) ~ Q)i. ~ I .9',' c1 iO c:,(JJ ! ! ...., .2: U 4)t as ! Blc -I - 'S:~ i -10,5,'2 w..., i 3Ii.r~I.::> Bl. (Q 1 i EI'51 E:. 0 00.;, ~ i i g'0E E, ~:S i i ol~18lasl ~i~i I i i I i i , i : I ! ! I 1 i J 1 , 1 1 l 1 j ! i ! i , , i , i i i i N~~ NO_ IDOO C,ON-.;t ..- ~ . I'- (1) o N C) z>.CO ESo. (1)""") .::: co "0 C (1) C) <( t\J o t\J ~ a. EXECUTIVE SU:MM:ARY Recommendation to Approve Contract for RFP 04.3645 uReal Estate Appraisal Services" (No Fiscal Impact - see below). OBJECTIVE: To obtain the Board's approval of Selection Committee's choice of firms to provide Real Estate Appraisal Services for Collier County. CONSIDERATION: For the next five (5) years (or more) Collier County is undertaking the largest land and right-of-way acquisition program in its history. In order to expedite acquisition. and extend the time available fot negotiations with property owners. the County intends to enter into fixed-rate, annual agreements with a number of appraisers and/or appraisal ftrms. The typeS of services typically required by the County range from short fonn comparable sales valuations of vacant parcels, to complex estimates of compensation due property owners arising from partial takinp of property by the County, as well as estimates of any severance damages resulting therefrom. To that end, a request for proposals (RFP) was publicly advertised on April 16,2004. Notices were sent to 33 firms with 19 finns requesting full packages. A total of 15 responses were received by the due date of May 17. 2004. A Selection Committee meeting was held on June 29. 2004 and after review and discussion of the proposals; the committee selected fourteen firms by consensus of the members: (in no order) -. 1. Wilcox Appraisal Services 2. Anderson & Carr, rnc. 3. R. & W. Enterprises 4. Sewell, Velentich. Tillis & Assoc. 5. Callaway & Price. Inc. 6. Boyd, Schmidt & Brannum 7. Westberry & AsSQCiates 8. Coaslal Engineering 9. P.A.R.A.R.A. Services. Inc. 10. Interstate Acquisition services 11. Kenneth R. Devos 12. Real Properly Analysts 13. Adrian Gonzalez & Assoc. 14. Integra Realty Resources A contract has been successfully negotiated with the each of the short listed finns. FISCAL IMPACT: There is no immediate fiscal impact as a result of the selection of the recommended rums and the award of contracts thereto. Board authorization for the expenditure: of funds for appraisal services will be sought for each individual projector assignment for which real estate appraisal services are required. GROWTH MANAGEMENT IMPACT: No foreseeable impacts are anticipated. RECOMMENDATION: That the Board of County Commissioners: (1) Approve the selection of the fourteen ftrms; and (2) Authorize its Chairman to execute the annual contraCts. .-. - 1 - Agenda Item No. 16823 July 27,2004 Page 1 of 2 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B23 Recommendation to Approve Contracts for RFP 04-3645 "Real Estate Appraisal Services' 7/27120049:00:00 AM Prepared By Harry Henderson Transportion Servic.es Review Appraiser 7/8/200410:28:13 AM TECM Kevin Hendricks Date Approved By Transportion Services Right Of Way Acquisition Manager Transportation Engineering and Construction 7112120042:20 PM Heidi F. Ashlon A.sislant County Attorney Date Approved By County Attorney County Attorney Office 7112120045:05 PM Approved By Linda Jackson Administrative Services Contracts Agent Date Purchasing 7/13/2004 10:20 AM Approved By Kelsey Ward Administrative Services Senior Purchasing and Contracts Agent Date Purchasing 7/13/2004 10:24 AM Approved By Dale Steve Carnell Administrative Services Purchasing/General Svcs Director Purchasing 71131200411:11 AM lisa Taylor Management/Budget Analyst Dale Approved By Transportion Services Transportation Administration 71' 3/200411 :25 AM Approved By Gregg R. Slrakaluse Transportion Services Transportation Engineering} Construction Mgmt Director Transportation Engineering and Construction Dale 7114120043;19 PM Diane Perryman Date Approved By Transportion Services Executive Secretary Transportation Services Admin. 7116/200410:52 AM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Dale Offica of Management & Budget 7/161200411:01 AM Date Approved By Mic.haa' Smykowski County Manager's Office Management & Budget Director Office of Managemant & Budget 7116/20042:47 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 711912004 12;02 PM Norm E. Feder. AIC? Date Approved By Transportion Services Transportation Division Administrator Transportation Services Admin. 7119120045:00 PM Approved By Harry Henderson Tl'anspofiion Services Relliew Appraiser Dale TEeM Agenda Ite~8Ngo~~B~~M July 27. 2004 Page 2 of 2 ~- EXECUTIVE SUMMARY Recommendation to authorize repairs to a surface water pumping station in the East Naples area not to exceed $20,000.00 and to accept an agreement between Collier County and Lely Civic Association, Inc. & Lely Country Club P.O.A. for perpetual operation and maintenance responsibilities of said pump to Lely Civic Association, Inc. & Lely Country Club P.O.A. OBJECTIVE: To receive Board approval to complete a one-timerepah' of an existing surface. water pump located in the East Naples area and to accept an agreement between the Board of County Commissioners and Lely Civic Association Inc. & Lely Country Club P.O.A. which states that once repaired. Lely Civic Association Inc. & Lely Country ClubP.O.A. accepts perpetual operation and maintenance responsibilities of said pump. CONSIDERATIONS: The subject surface water pump is located south of Rattlesnake Hammock Road, between Doral Circle and Augusta Boulevard, along the east side of the 18th hole green of the Hibiscus Golf Course. The Lely Development Corporation installed the pump in 1975 or 1976. When operating. the pump moves surface water from one lake into a second receiving lake. The second lake is connected to the County maintained Lely Branch Canal via an open ditch through golf course property. The second lake and tirst lake are separated by an earthen benn. Water level actuated float switches control the pump's operation. These switches turn the pump on when water levels rise to peak stages and turn the pump off when the water surface returns to normal, lower levels. Typically the pump only runs during periods of peak rainfall in the summer ,- months. The lake that is "pumped down" is locatedbctween the eastern edge ()f the Hibiscus Golf Course and the Torrey Pines neighborhood. When the pump operates high surface water levels are "drawn-down" resulting in improved drainage conditions. benefits of which ~.realizedby both the Hibiscus Golf Course and the Torrey Pines neighborhood. This pump has been maintained by several entities over time and is currently inoperable. I..ely Civic Association Inc. & Lely Country Club P.O.A. have recently come forward and agreed to accept operation and maintenance responsibility in perpetuity if Collier County would agree to fund and manage a one-time pump repair effort. Pump repair, electrical contracting service and minimal site work costs have been estimated not to exceed $20,000. FISCAL IMPACT: Funds are available within the Stormwater Management CIP Fund (301). The total amount is not to exceed $20,000.00. GROWTH MANAGEMENT IMP ACT: Repair of the pump and acceptance of this operation and rnaintcnanceagreement has no impact to the Growth Management Plan. RECOMMENDATION: That the Board: 1. Accept an agreement between the Board of County Commissioners andLe1y Civit Association Inc. & Lely Country Club P.O.A. stating that the County will complete a one'" time, not to exceed $20,000,00. repair of the pump contingent on the assumption of perpetual pump operation and maintenance responsibilities by the Lely Civil Association Inc., and Lely Country Club P.O.A. ...-. 2. Authorize Staff to have the pump repaired for a total cost not to exceed $20,000,00. Agenda Item No. 16B24 July 27. 2004 Page 1 of 3 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSiONERS 16824 Recommendation to authorize repairs to a surface water pumping station in the East Naples area not to exceed $20,000.00 and to accept an agreement between Collier County and Lely Civic Association. Inc. & Lely Country Club P. a.A. for perpetual operation and maintenance responsibilities of said pump to Lely Civic Association, Inc. & Lely Country Club P.O.A. 7/27/20049:00:00 AM Prepared By Gerald Kurtz Transportion Services Senior Engineer 7/20/20047:05:00 PM Approved By Road Maintenance- Stormwater Norm E. Feder, AICP Transportion Services Transportation Division Administrator Date Approved By Transportation Services Admin. 7/21/20046:52 AM Diane Perryman Transportion Services Executive Secretary Date Transportation Services Admin. 7/21/20049:48 AM - Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/21/2004 10:14 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 7/21/2004 1 :25 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/21/20043;49 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/21120045;10 PM Agenda Item No. 16824 July 27, 2004 Page 2 of 3 ",J.u 116 Q4 03: IIp Hibisous 2357745290 p..l I 'NASSIF .GOLF VENTURES ~ . ~ 1 J L . TI' 9 1 3 {} G ALLBltl A COUltT SUITE. #316 NAPLES FLORIDA 3.109 PH: 239-598-3196 PAX: 239-593-9924 PA.C:SI1m...& 'R.AMSMl''.f'r.u.. taa.'t TO:: ~r!( ~L\i:. FIlOM; 4l.l~~ f...,..t l~.(~nr" bllQIlt . #'4-S4Js ~U~.,& ~NG.OE""""BiID-":~ ~........ ~"S19'f 1:1; ~~~~~7.~f~~.~!;~::\~.~f~.2~. .~ ::; .f!/~- u...."'~..~~~:~tz:::~_ e:~'-~ 1t.IfIJIII-I '. " #h.~....- ~ ~ rt.:::-;.. ';:.~~~ cI~-::};~I>>;i) ~~~:t-;;;~~~':;1... "Ir'-k"'..,- ?-~) ~... ~4 ,."...... ~,.... *'./~ S;;;~.;;;:. 7~ Agenda Item No. 16824 July 27,2004 Page 3 of 3 EXECUTIVE SUMMARY Recommendation to award Bid Number 04.3624 to AAA Generator & Pump Inc. for the purchase of generators by the Water Department in the estimated amount of $110,682.00. OBJECTIVE: That the Board of County Commissioners, Ex.Officio, the Governing Board of the Collier County Water-Sewer District, award Bid Number ()4..3624 to AAA Generator & Pump Incorporated. CONSIDERATION: Funds have been budgeted by the Board of County Commissioners for the purchase of emergency generators by the Water Department. The Tamiami Wellfield currently has tcn wells without a source of alternative electric power. The generators wiU be trailer.mounted, and will be utilized at various wellsites during power outages. The generator specifications have been standardized to allow the generators to be utilized in other Public Utilities areas as needed. .- Bid #04-3624 was posted on February 20, 2004. Twenty-four notices were sent out; four packages were received. The bid package specifically pre-qualified generators manufactured by Cummins-On an, Caterpillar, Kohler and Generac. The apparent low bidder, Superior Power Equipment Company, was considered non-responsive because they proposed to supply generators manufactured by Superior. a manufacturer not on the pre-qualified list provided in the bid package. The bid tabulations sheet states that there are no deviations from the required specifications. but Staff found in their analysis that this was not the case. Staff reviewed the remaining bids received and determined that AAA Generator & Pump, Inc. is the lowest priced, qualified and responsive. Staff has requested the award for an estimated amount since the bid package states that the County makes no guanmtee as to the quantity of items that will be required by this contract. The award amount will allow for the purchase of three generators, with two being purchased immediately and one being purchased next year. FISCAL IMPACT: The fiscal impact of the award of this bid is in the estimated amount of $110.682 for the purchase of three generators. but will depend on the total number of generators purchased within the next two years. Funds are available in the County Water/Sewer Fund (408), which is funded by user fees. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with the award of this bid. RECOMMENDATION: That the Board of County Commissioners, Ex.Officio, the Governing Board of the Collier County Water-Sewer District. award Bid Number (}4.. 3624 to AAA Generator & Pump Inc. for thc purchase of gencrators in the estimated amount of $110.682.00. .-. Agenda Item No. 16C1 July 27,2004 Page 1 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16C1 Item Summary Recommendation to award Bid Number 04-3624 to AM Generator & Pump Inc. for the purchase of generators by the Water Department in the estimated amount of $110,682.00. Meeting Date 7/27/2004 9:00:00 AM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 6/10/20044:32 PM Approved By Paul Mattausch Water Director Date Public Utilities Water 6/8/2004 8:22 AM Approved By lyn Wood Purchasing Agent Date Administrative Services Purchasing 6/8/2004 11 :58 AM Approved By Gwen Butler Purchasing Supervisor Date Administrative Services Purchasing 6/8/200412:45 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 6/8/2004 5:39 PM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 6/9/200410:27 AM Approved By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/13/200410:30 AM Approved By Randy Greenwald Board of County Commissioners Management/Budget Analyst Date Office of Management & Budget 7/13/200411:29 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/14120041:40 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/15/200411:22 AM Agenda Item No. 16C1 July 27, 2004 Page 2 of 3 ...:-...:- C\I ~i:i c::: (D ~ .~ (D en c.J (D (D .2 a: '0 en Z& CIS .:.: c.J CIS Cl.. ...:- >,0 .eo .eC\l ::J6 EC\I CIS ~ Cl.. CIS ::J .. '- ......e (D (D ~LJ.. c::: .. <11"0 ~$ _ en c.J 0 .!!!. Cl.. e Q) Cl..ca o en ... o as ... (D c::: Q) (!) 8 ~ = ~ <II go .J::..- ..... ~'S.J::. ::J.eu g..:s~ ~.~ ~ C\lo.. ~a;~ ";'cuo 03:(D ~ocu co_o '0 ~ 01 o q o 00 ~...:- ~,oo vt ~I(/) 1tI,,- :Di~ ~~ (!]t:: ~~ ... ~ 3l III ~ E u 3: -1 <( .~! ...r.n o o ... r--: Q) C\I :?;en<ll .... oEe. r-:-::2Cl..~E U'l 3:Ul<ll vt <: ~,I- I- .. o - ca ... u- c: ~ ~ 8 ...:- O"l co coO Men ih '- o - en CIS '- a; ~ :ii:i (!}t:: <: 0 <:LJ.. <: '- II ~ o a. .. o 't:Q. ~ .- Q.:1 :::I cr en WI o '- o (D C\i ~ ~ en 0 ~~ICl.. .g.I~ en, ' '..... _~ ::E ~I~'l UJ g ::J LL (J) ....1 o I~ I~ ~, ~~I~ .... <II -Q I :-8 Oc::: c Q) ....'iij g:,Q Z'~ .5 OOQ) ~ -g.~ c.ClSI- - >- ~ ~Ijl ,~I~I~I c:::, 0; ~ ~I ~~ c.J u' ItI <ll I.l..LL (D Q) U U .~ .~ (D Q)' rf)U) I II '>'2 2 >>> >-zz >zz z > ~ C'- "0 <I) .J::. c.J I.!. < en c::: -.... c::: u ~~;~L ~ ~ <! u._ I ~ !.! ~ (J) '51 _EQ) oeo en-_ Q) Cf.l 0 '9. c::: - o Q ,~ O.....J ell _ o '> ~i ~ 81~1 I T""~C") 00_ coOO T""NC") . ,...: Q) ONOl Z C1] E~a.. Q):J ;::"'"') C1] '0 C Q) ~ i '0 Q) Ol CIS a. ~ 19 P" ~ ~ .; (~'" ~:> '$~ >'I~ 5i') (~~~ - (l) r:: c::: ~.~ <:;:: , . . ~ ~ . - . ~ ~... ~ i. : EXECUTIVE SUMMARY Recommendation to award Bid Number 04.3626 to E.A.. Waetjen,Incorporated for the purchase of a lock and access system for use by the Water Department in the estimated amount of $125,000. OBJECTIVE: That the Boaro of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer DL~trict, award Bid Number 04-3626 to B.A. Waetjen, Incorporated. CONSIDERATION: In 2002. the Board of County Commissioners approved a Work Order to Metcalf & Eddy to conduct a Vulnerability Assessment (V A). required by the United States Environmental Protection Agency (USEPA)y of Waler Department facilities. The purpose was to complete a comprehensive assessment of the current security of the water system, and to make recommendations to reduce the risk of a security breach. The V A has been completed by the consultant and submitted to the USEPA. The VA identified the need to improve the access systems throughout the water system. including entry doors, hatch covers. and gates. Funds have been budgeted in the current budget for the purchase of security upgrades throughout Water Department facilities, including the recommended access systems. - A thorough review of various security entry systems on the market was undertaken. including a review of the system currently being utilized on the Main Campus of the Government Complex. The review identified that the proposed system needed to be able to withstand the harsh elements of remote sites with no shelter. It was also detennined that the system should have the capability to control date and time of access in addition to the capability of producing an entry/exit log. Bid #04-3626 was posledon March 16. 2004. One-hundred and nineteen (119) notices were sent out and five packages were received. The apparent low bidder, Corporate Systems was considered non-responsive because the proposedpadl~ks did not meet the specifications supplied in the bid package; the bid package specifically required all padlocks to be recordable devices. and the padlocks the bidder specified to provide were non-recordable. Staff reviewed the remaining bids received and dctennined that E.A. Waetjen. Incorporated is the lowest, qualified and responsive bidder. Staff has requested the award for an estimated amount since the bid package states that the County makes no guarantee as to the quantity of items that will be required by this contract. The award amount will allow for the purchase of the base components of this locking system. as well as lock'l for all existing facilities. Additional locks and keys will be required as new Water Department facilities and additional staff is added over the next several years. ~ FISCAL IMPACT: The fiscal impact of the award of this bid is in the estimated amount of $125.000 for the purchase of a security access and lock system. and will Agenda Item No. 16C2 July 27.2004 Page 1 of 5 depend on the total number of locks and keys purchased within the next two years. Funds are available in the County Water/Sewer Fund (412). Project Security Upgrades (71009), which is funded by user fees. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with tbe award of this bid. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District. award Bid Number ()4.. 3626 to E.A. Waetjen. Incorponlted. ..- Agenda Item No. 16C2 July 27,2004 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16C2 Item Summary Recommendation to award Bid Number 04-3626 to EA Waetjen. Incorporated for the purchase of a lock and access system for use by the Water Department in the estimated amount of $125,000. Meeting Date 7/27/20049:00:00 AM Approved By Thomas Wldes Operations Director Date Public Utilities Public Utilities Operations 6/10/20048:16 AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 6/10/200410:50 AM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 6/10/20044:34 PM Approved By Paul Mattausch Water Director Date Public Utilities Water 6/8/20049:03 AM Approved By lyn Wood Purchasing Agent Date Administrative Services Purchasing 6/8/200412:00 PM Approved By Gwen Butler Purchasing Supervisor Date Administrative Services Purchasing 6/8/200412:52 PM Approved By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/13/200410:33 AM Approved By Susan Usher Senior Management/Budget Analyst Office of Management & Budget Date County Manager's Office 7/13/20043:18 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/14120041:43 PM Approved By James V. 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EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment in the amount of $720,000 to fund operating expenses for electricity and chemicals at the North County Regional Water Treatment Plant. OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, approve a Budget Amendment to fund operating expenses at the North County Regional Water Treatment Plant (NCRWTP). CONSIDERATION: The construction of the 8 million gallon per day reverse osmosis expansion project at the South County Regional Water Treatment Plant (SCRWTP) is behind schedule. Because of the delay in the delivery of available water treatment capacity. the NCRWTP has bccn utilizcd to produce more watcr than projected and budgeted for in order to meet the dcmand for water. The production of' additional water at this Facility has driven costs, including thosc for electrical and chemical, past the budgeted fund levels. The additional funding provided through this budget amendment will covet a short fall of $515,000 in electrical costs and $205.000 in chemical costs at the NCRWTP. - There is a projected reduction in spending at the SCRWTP of approximately $554.000 in these two commodity areas due to the change in production from the SCRWTP to the NCRWTP. Funds are not being utilized from the SCRWTPdue to increased cost of maintenance on this facility throughout this past year. Additionally, it is anticipated that the Expansion Project will be coming on line prior to the end of the fiscal year and supplies to start up the Plant and move staff in will still be needed as budgeted. FISCAL IMPACT: The fiscal impact of the approval of this approval of this budget amendment is $720.000. Funds are available in the County Water/Sewer Fund (408). which is funded by user fees. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with the approval of this budget amendment. RECOMMENDATION: That the Board of County Commissioners. Ex-Officio, the Governing Board of the Collier County Water-Sewer District, approve a Budget Amendment to fund operating expenses at the North County Regional Water Treatment Plant. .-... Agenda Item No. 16C3 July 27, 2004 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16C3 Item Summary Recommendation to approve Budget Amendment in the amount of $720,000 to fund operating expenses for electricity and chemicals at the North County Regional Water Treatment Plant. Meeting Date 7/27/20049:00:00 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 6/10/20048:13 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 6/10/20044:35 PM Approved By Steve Messner Water Plant Manager Date Public Utilities Water 6/9/200410:29 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 6/9/20044:53 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/13/200410:38 AM Approved By Randy Greenwald Board of County Commissioners Management/Budget Analyst Date Office of Management & Budget 7/14/20048:26 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/15120048:57 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/15/20041:02 PM Agenda Item No. 16C3 July 27,2004 Page 2 of 2 - EXECUTIVE SUMMARY Recommendation to approve and authorize execution of two Utility Easements and various other transaction documents relative to the Golden Gate WelIfield Reliability Improvements Project at a cost not to exceed $164,286.00. OBJECTIVE: That the Board of County Commissioners, acting as the ex*officio governing board of the County Water*Sewer District (County). approve and authorize execution of the various transaction documents. outlined below, relative to increasing the land area at existing well sites to allow for rehabilitation when needed. CONSIDERATIONS: 'Public Utilities Engineering Department has a project for rehabilitation of existing well sites in Golden Gate Estates. This project consists of production wells tapping the Lower Tamiami aquifer. This well field is the primaty source of raw water for the North and South County Regional Water Treatment Plants. At such time a well fails and needs replacing, it is critical that the Public Utilities Division has the ability to immediately get on site to drill and connect a replacement well with the County's system. To this end, Real Estate Services' stafns now contacting theowncrs of the properties adjacent to thcse existing wells to acquire additional property to accommodate replacemcnt wells, and drilling and maintenance equipment. - An agreement has been reached with John H. Pace, IV, and Cheryl A. Pace (the Paces) for casements at Well #22 & Well #23 located on their property. Well #24 is located on adjoining property owned by Pace Tropicals, Inc. (Company) of which Mr. Pace is the President. The purchase price for the three casements is $3,350. The County will also reimburse the Paces $1,000 for loss of plants located within the replacement well easement area at Well #23. Staff has determined that these amounts reasonably reflcct fair value for the three easements and resulting damages. In this regard, staff is requesting that the requirement for an independent appraisal be waived pursuant to Florida Statute 125.355. Well #23 was not originally installed within its easement boundaries, so as part: of these negotiations and in exchange for an casement to cover the existing wen and the replacement well, the County will be required to terminate the original easement for Well #23. A Termination of Easement is attached for this purpose. The easements secured for existing Wells #22, #23, and #24 were acquired through eminent domain proceedings, and as part of the Stipulated Final Judgment entered by the Court in 1m. the County was ordered to install a lime rock base over Tobias Road. The County has failed to fully comply, so Mr. Pace has been maintaining Tobias Road at his own expense. A settlement has been negotiated reimbursing the Paces $4,385.20 for road maintenance expenses and $3.000 for related attorney fees. As a further condition of the proposed settlement, the County is required to grade and lime rock Tobias Road from Fran!:,ripani Road to the last well site within 60 days of closing the transaction, and then to grade Tobias Road two times a year as ongoing maintenance. -.. Agenda Item No. 16C4 July 27,2004 Page 1 of 17 EXECUTIVE SUMMARY Golden Gate Wellfield Reliability Improvement Project Page 2 County trucks have also done considerable damage to Frangipani Road, so as part of this settlement, the County is to put six inchcs of lime rock on Frangipani Road and after the rainy season re-grade one last time. Thereafter, the County will discontinue its use of Frangipani Road and have no further maintenance obligations. The cost of these road improvements is approx.imately $150,000. Payment of attorney's fees and reimbursement of road maintenance expenses were considered reasonable and appropriate by the Office of County Attorney due to certain conditions set forth in the Stipulatcd Final Judgment. A FY 03/04 Budget Amendment in the amount of $164,286 ha..~ been prepared~ and a Settlement Agreement outlining the complete understanding of the parties involved is attached for your approval and execution. In addition to the foregoing, Collier Resources owns the oil, gas, and mineral rights on the Pace's property. The cost to secure a waiver of surface rights will be $1,200. -'- The Termination of Easement, Utility Easements, Settlement Agreement, and Waiver of Surface Exploration Rights have been reviewed and approved by the County Attorney's Office and Public Utilities Division. An Easement Agreement between the parties, outlining the terms of the acquisition transactions, will be presented to the Board's Chairman for execution once it has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The total cost should not exceed $164,286, which includes $150.00 for recording the two Utility Easement documents, Termination of Easement, and Waiver of Surface Exploration Rights; $1,200.00 for a title commitment and title insurance policy; $3,350.00 for the purchase price of the three easements; $1,000.00 for plants; $4,385.20 for reimbursement of road maintenance costs; $3,000.00 for attorney fees; $150,000.00 for the cost of road improvements; and $1,200.00 for the Waiver of Surface Exploration Rights. The acquisition of these easements supports the scope of work consistent with the 2003 Water Master Plan as adopted by the Board on May 25, 2004, Agenda Item 100. The funds will be withdrawn from Utility Water User Fee Reserves. The expenditure for road improvements and the associated costs outlined here were not included in the FY 03/04 Budget approved by the Board on September 18, 2003. A budget amendment is required to transfer funds in the amount of $164,286 from Utility Water User Fee Reserves to the Water Distribution Operating Account. GROWTH MANAGEMENT IMPACT: This transaction is consistent with the County's Growth Management Plan. Agenda Item No. 16C4 July 27,2004 Page 2 of 17 EXECUTIVES~ARY Golden Gate Wellfield Reliability Improvement Project Page 3 RECOMMENDATION: That the Board of County Commissioners acting as the ex*officio governing board of the County Water*Sewer District of Collier County. Florida: 1. Approve and authorize the Chairman to execute the attached Termination of Easement, Settlement Agreement, and Budget Amendment; and 2. Authorir.e the Chairman to execute the Easement Agreement upon review and approval of the County Altorney's Office; and 3. Accept the three easements via two Utility Easement documents; and 4. Authorize staff to take all steps necessary to insure satisfactory performance of the Settlement Agreement; and to prepare related vouchers and warrants for payment of the Utility Easements. Waiver of Surface Exploration Rights, and such other payments as required in accordance with the Easement Agreement and Settlement Agreement; and 5. Authorize staff to proceed with acquiring the two Utility Easement documents and Waiver of Surface Exploration Rights; and 6. Authorir.e staff to record the Utility Easements, the Waiver of Surface Exploration Rights. the Termination of Easement, and all other pertinent documentation in the Public Records of Collier County, Florida; and 7. Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statues. - Agenda Item No. 16C4 July 27,2004 Page 3 of 17 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C4 Recommendation to approve and authorize execution of two Utility Easements and various other transaction documents relative to tne Golden Gate Wellfleld Reliabil,ty Improvements Project at a cost not to exceed $164,286.00 7/27/2004 9:00:00 AM Prepared By J. M. Smith Administrative Services Property Acquisition Specialist 7/91200<112:18:57 PM Real Estate Services Approl'ed By Date Roy B, Anderson, P.E. Public Utilities Public Utilities Engineering Director Public Utilities Engineering 7/14/20049:51 AM Dale Approl'ed By Thomas Wides Public Utilities Operations Direc.tor Public Utilities Operations 7/14/20047:57 PM Dale Approl'ed By James W. Delony Public Utilities Public Utilities Administrator Public Utilities Administration 7115120042:49 PM Date Approl'ed By Pat lehnhard County Manager's Office Administrative Assistant Office of Management & Budget 7/151200<13:11 PM Date Approl'ed By Randy Greenwald Board of County Commissioners ManagementiBudget Analyst Office of Management & Budget 7/16/200<19:57 AM Approl'ed By Date Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 7/16/20042:50 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 7/16/20044:06 PM Pamela L,bby Date Approved By Public Utilities Water Operations Manager Water 719!2004 12:28 PM Approl'ed By Toni A. Mott Administrative Service.s Real Property Supervisor Date Facilities Management 7/9/2004 12:30 PM Date Approl'ed By Skip Camp, C.F.M. Administrative Sef'Yices Facilities Management Director Facilities Management 719/200<11 :07 PM Approved By Charles E. Carrington, Jr" SRI WA Administrative St!rvices Real Estate Services Manager Date Facilities Management 7/9!2004 1 :33 PM Paul Matlausch Date Approved By - PubliC Utilities Water Director Water 7;9120042;22 PM Approved By Karen B. Gutiani, P,E. Public Utilities Senior Project Manager Date Public Utilities Engineering 7!912004 3:07 PM Agenaa Hem No, lOG.. July 27, 2004 Page 4 of 17 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (Agreement) is entered into and made on this day of ,2004, by and between Collier County and the Collier County Water-Sewer District (Collier County), Pace Tropicals, Inc. (Company), and John H. Pace, IV, and Cheryl A. Pace, husband and wife (collectively referred to as Pace). WITNESSETH: WHEREAS, Pace and Company are the current property owners who benefited from the terms and conditions of the Stipulated Final Judgment entered in a condemnation action identified as Case No, 92-1508-CA-01-HDH; and WHEREAS, Pace has alleged that Collier County has failed to comply with all the terms of the Stipulated Final Judgment; and WHEREAS, Collier County desires to acquire additional utility easements for raw water wells from Pace, which are immediately adjacent to existing well sites, Nos. 22 and 23; and WHEREAS, Collier County desires to acquire additional utility easement for a raw water well from Company, which is identified in Exhibit A-3, attached hereto and incorporated herein; and WHEREAS, the parties, after many discussions and without either of them admitting any liability or fault, desire to settle the dispute and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to the terms and conditions of the Stipulated Final Judgment; and WHEREAS, the parties desire to reduce their settlement to writing so that it shall be binding on all parties, respective owners, principals, elected officials, officers, employees, ex-employees. agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Settlement Agreement, and with the intent to be legally bound, Collier County, Company and Pace agree as follows: 1. Parties agree that the foregoing recitals are true and correct and said recitals are Agenda Item No. 16C4 July 27,2004 Page 5 of 17 incorporated by reference into the terms of this Agreement. 2. Pace will accept $1,150.00 for the utility easement for well site #22, as more particularly described in Exhibit A-1 and $1,100.00 for the utility easement for well site #23, the description of which include the replacement easement referred to in Paragraph 6 below, more particularly described in Exhibit A-2, as lull compensation for the easement interests to be taken and for any damages resulting to the remainder, and all other damages and costs in connection with said easements, except as otherwise provided herein. 3. Company will accept $1,100.00 for the utility easement for well site #24, as more particularly described in Exhibit A-3, as full compensation for the easement interests to be taken and for any damages resulting to the remainder, and all other damages and costs in connection with said easements, except as otherwise provided herein. 4. Pace and Company shall convey all utility easements to Collier County in a form - acceptable to Collier County upon receipt of the payment of funds from Collier County. Said transaction shall be referred to as the "Closing." 5. Closing on these easements will occur within sixty (60) days of the date of this Agreement. At closing Company and Pace will deliver the conveyance documents, and Collier County will deliver a County Warrant in the total amount of $ 3,350.00. Collier County will provide Pace with proposed closing documents within ten (1 0) days of execution of this Agreement. Collier County will pay all costs of recording the conveyance documents and any costs associated with obtaining and recording the release or subordination of any encumbrances against the easement property. 6. The County shall terminate the easement known as well site 23 described in the Order of Taking recorded in Official Records Book 1749, Page 196, et seq., of the public records of Collier County, Florida, more particularly described in Exhibit A-4, which is attached hereto and incorporated by reference. Pace shall grant a replacement easement in a form acceptable to _. Collier County and Pace over the portion of his property, which is described in Exhibit A-2. This Agenda Item No. 16C4 July 27, 2004 Page 6 of 17 Utility Easement and the Termination of Easement will be recorded in that order and at Collier County's sole expense. 7. Collier County will grade Frangipani Road and install six (6) inches of lime rock within sixty (60) days of Closing. After the rainy season (approximately October, 2004), the County will re- grade the road. Thereafter Collier County agrees to discontinue using the road thereafter and thus will have no further maintenance obligations. 8. Collier County will reimburse Pace the amount of $4,385.20 for his costs incurred in the prior maintenance of Tobias Road. This sum will be paid to Pace at Closing. 9. Tobias Road will be graded and lime rocked from intersection of Frangipani and Tobias to 81h Street to the last well site within sixty (60) days of the Closing. The County will re- grade Tobias Road two times a year as ongoing maintenance. 10. The existing retention pond near the well site # 23 will remain but cannot be expanded or modified. 11. Insecticides, pesticides and fertilizers can be used consistent with government regulations as to application. 12. Collier County will reimburse Pace the amount of $1,000.00 for plants that are located in the taking area. 13. The parties acknowledge that Collier County has already installed a tap and meter to the raw water line adjacent to Pace's property at Pace's request. Collier County agrees that in the event of an emergency as described in the Stipulated Final Judgment in Case No. 92-1508-CA, and after actual notice from Pace, Collier County will install an interconnection between the water line and Pace's irrigation system within forty-eight (48) hours. 14. Collier County will reimburse Pace and Company $3,000 in attorney fees in this matter. These fees will be paid at Closing and disbursed directly to the law firm of Goodlette, Coleman & Johnson, P.A., 4001 North Tamiami Trail, Suite 300, Naples, Florida 34103. 15. This Settlement Agreement shall be governed by the laws of the State of Florida. Agenda Item No. 16C4 July 27,2004 Page 7 of 17 GOOOLETTE COLE~AN Fax:239-435-1638 Jun 21 2004 16:09 P.DS County Commissioners, 16. The effective date of Chis Agreement wiD be the date of approval by the 80ard of IN WITNESS WHEREOF. Coiner County, Pace TropicaJs Inc., John PaDe and Cheryl Pace have executed th1s Settlement Agreement on tM day and year first written above. A'Tit:ST: DWIGHT E. BROCK. CIeJ1( Deputy Clerk 1-3 ~ ~: I~?J ~/}n~-tE:: ~ Wltiless L Printed Name: I;V DA /YI 0 Lf e..,- ~~cA. ~ ~=-Name: Ko-ve.V\ l, ~~~ ~~/y)Jh-. Itness L Prfnted Name: (tv D 0 L+ er- -+<'~ Witnes!l Printed Name: Approved as to tonn and legal sufficiency: J.LI'A-L ~ ~~ . Ellen T. Chadwell. Esquire Assi$tant County A.ttorney S:\DA TA\WF"CATAlUnGAlFoPacI'I8IIlll9menl aarM.lilIJ)d BOAAO OF COUNTY COMMI$SfONERS OF COUIER COUNTY. FLORIDA and as EX.QFF'CIO THE GOVERNING BOARD OF THE COLLIER COUNTYWATER-5EWER DISTRICT By. Donna FIClIa, ChaIrman ~J4 If-#~ 77 JOI-W H. PACE. IV c,~ a):l' "-C,JI... CHERYL PACE PACE TROPICAlS INC. By, ~ ~~.fU-AYC4~~ John H. Pace. . as dent. Agenda Item No, 16C4 July 27, 2004 Page 8 of 17 ,,';:f:f),::. ".;::' III COASTAL ENGINEERING CONSULTANTS INC C1;CI GrOUD Services . A CECI GROUP COMPANY Civil Engineering Survey & Mapping Coastal Engineering Real Estate Appraisal Environmental Assessment Website: www.coostolengineertng.com WELLFIELD 22 PROPOSED UTILITY EASEMENT DESCRIPTION THE EAST 15 FEET OF THE WEST 45 FEET OF THE SOUTH 15 FEET OF THE NORTH 230 FEET OF THE WEST \1'2 OF THE SOUTHWEST V. OF THE SOUTHWEST V. OF THE NORTHWEST V. OF SECTION IS, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 225 SQUARE FEET OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERV A nONS OF RECORD, RICHARD 1. EWING, . ., PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHo.UT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 00.346 DATE OF SIGNATURE:/b-L.~..s~ EXHIBIT j- -A - J !! 1/, ( '1 Z;..; Agenda Item No. 16C4 July 27,2004 Page 9 of 17 2 3106 S, Horseshoe Drive. 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ENGINEERING CONSULTANTS INC . CECI Graue Service~ Civil Engineering SUlvey & Mapping Coastal Engineering Real Estate Appraisal Environmental Assessment Webslte: www.coastalengineering.com A CECI GROUP COMPANY WELLFIELD 24 PROPOSED UTILITY EASEMENT DESCRIPTION THE EAST 15 FEET OF THE WEST 45 FEET OF THE NORTH 15 FEET OF THE SOUTH 35 FEET OF THE SOUTHWEST '14 OF THE NORTHWEST '14 OF THE SOUTHWEST '14 OF SECTION 15, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 225 SQUARE FEET OF LAND, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD, RICHARD 1. EWING, ' --::> PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO, 00,346 DATE OF SIGNATURE: /0. L3 -~_ , EXHIBIT I A~:!J p.I'12- Agenda Item No. 16C4 July 27,2004 Page 12 of 17 3106 S, Horseshoe Drive, Naples, Florida 34104 0 Phone (941) 643-2324 Fax (941) 643-1143 0 E-Mail: engcollier@cecif1.com -z .... &: 11 '<t ~ tJ g: ...... LJ ::x: - w3=.... <D ~ WI::> W '<t "-....0 a: N ",VI <{ "- .LJ8IHX3 "'0 ::> 0 -Z~ 0 ~~~ Vl VI '" Z 0 0"" I N i= Z~~ N <{ ~ > w ~ a: :z:,,0 w w >- ....".... t- VI <{ W Z "- .,.; :z a: w O....~ )( ::Ii VI . 0 'oot~ I-I.I.IZ< 0 z t:1~Q~ a: <{ NjZ 0.. u....-tio a.. Vl C>-Q \{):JWJ <{ Z -l........ "'t~V1u.. <5 0 W::J!!: i= _-a: l;;w~/= u u...t-U <{ ii: :J::>~ wJ: Z w .... 3:1-....~ '" Vl WOO ,,0 <{ w ~iIl -WC;""U a: I '" Z 0 <{ vi a.. :w5:J 0 VI >- a: O~~c5 W Z 0.. CD W f--;()l-U 0: ::E W tj 1'f1:J _ U Vl "-:z:511ii Vl <{ W' W ~5wj 00 z 0 OI ~j .... I-l/ll-r'-- Vl "" 0,,- ....' <W"- ~O UO W:r:OW wa: .... 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'5:!:::>'5:! . ~af';: ,o;.z \ ,., -.l ...1 --------1 I I I --------'- I ,OOG ~I. PROJECT: Golden Gate Area Wellfield Project PARCEL: 923 "l'I~~bP'031 0041209 ElleR T, Chadwell. E~'r. Off Ice of the COUfltl AttorMl 3301 ElSt T...I..I Trail ~apl.I, Florida 34111 (941) 174-8400 TERMINATION OF EASEMENT WHEREAS, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. ("County") whose mailing address is 3301 TamiamiTrailEast,Naples,Florida34112,is the owner of record of that certain Easement identified as Parcel 130/46,2 in an eminent domain action entitled Collier County v, Timothy Maloney. et al., Circuit Court Case No, 92-150B-CA-01, and acquired by virtue of an Order of Taking dated August 31.1992, and recorded in Official Records Book 1749, Page 196, et seq., of the Public Records of Collier County, Florida (hereinafter "Easement"), and duly deposited good faith estimate of value, as more fully described in Exhibit "A," attached hereto; and WHEREAS, the County never constructed its well on the Easement but rather has constructed and maintained its well site on the property described in Exhibit "B," which is attached hereto ("ReplacemE!nt Easement"); and WHEREAS, JOHN H, PACE, IV and CHERYL A. PACE ("PACE") are the owners of record of the underlying fee to the property described in both Exhibits "A" and "B;" and WHEREAS, the County and PACE have entered into a Settlement Agreement dated ~~l.'1 2..11 2.00</ resolving a dispute relative to the Stipulated Final Judgment entered into the above-referenced eminent domain action and which provides for the County's termination of the Easement and PACE's granting of the Replacement Easement; and WHEREAS, the County and PACE are agreeable to eliminating the Easement and replacing it with a Grant of Easement for the utility purposes over the Property described in Exhibit "B." NOW, THEREFORE, in consideration of the mutual covenants, promises and other valuable consideration set forth in the Settlement Agreement between the County and PACE referenced above, the receipt and sufficiency of which is hereby acknowledged, the County does hereby relinquish, abandon, release and terminate its interest in the Easement described in Exhibit "A.", IN WITNESS WHEREOF, the County has caused these presents to be executed the date and year written below. DATE: BOARD OF COUNTY COMMISSIONERS, AS GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT ATTEST: DWIGHT E BROCK CLERK OF COURTS By: By: DONNA FIALA, CHAIRMAN Zst_o~~~ Assisc..".. c,;"nty Attorney E 11 en T. Chtdwell Agenda Item No. 16C4 July 27,2004 Page 15 of 17 ~~. ~ , ~~~ .j . '" <:> <tll ~'.....' 11 t1t "- '" '1!ci. 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SJtr1.C HIli" ,/.... ~ ~l:?.. -oJ :s ~:JNLJJf9 S"9' ~ . ~ rj '" '/lJ/S I == ;:Q J ,9'6 I I tl . . 1 .~I ~9_ ;;; I 0 Gl rd k _,_._._ _.--1 --f----------------- ----- ~I .:t:-5~-<;: .11) ,./1 c:)]M~IU)()S --1 .89~9 !Ul ~-O }"!!.2. 1. $:HT:.1~Z.OOS ~~.I"- ()O..... COO- .....NO , I"-~ l"- ON..... Z Q) E~C> Q):Jro .;!:.a. ro "'C c Q) C> ~ ~~. <-oj .... ::::; C\j ~ !:>~ I r.i~ ~ ~~~ ~ ~ ~q~~~ =: ~~~.... c...~~~ ~ I C)~~.~ ~ ~ ~~~ ~ ~ :::,.> a !j"" e:::: ~!:> ~;j ~. ~N"i$:) ~C)~~~.". uQ:,~~"'~ ~ ~....i:lC\j ~ "'<l:l~!:>~ N ~ ,,~~':': ~~~ ~ ~ ~~~ '<: r:>:J ~N ~ ......:l Vi ~ '.... N ~ ~~ :>-.. ~ fS rJ:l ""<: hi ~ ~ ~ ~ ~ .. "<l:!~ Cl.;"" ~ ~'~ ~ ~t1..; ~ ::",::" <"l tjfQ ~ ~ ~cs ~~Cl:"'" ~ n.- Cl: S a ~Cnr;jr;: ~ACl ~ CJi ~~"l;(:J s::::::; . s~ ~1QCi: ~~a~ ~~g ~~<"l~ ~c.jt: ~....,~ s: a <::lj.(:J CI:i '0 /'0.- ..,'0 e- ,'" ~~ '" o;-eJ ..,::s ~::i :l:; ..~ ~g ..; ~ ...~ "'0 ::~ ,(~ .....; "'... o;-c ~~ '--.: t.J ~~ :.;f.,; aeJ ~t.J I'''; 17 ",\ ~~ ~~i .-."" 81~ Q:J......, Q:Ji vi: J- c::. ~4.!1 "'(~I ~~. ~~\ co... J "'- '" "> ~ ..... ~ ~ ~ ~ "i V, ~,i Pi][C: 10 hJOi:1 G::/vC r,MfYO( .rsc;z -:l ,)MIl\SCllJ! J l'IJM YlS\SllClI"" \SDMP ,.') -. EXECUTIVE SUMMARY Recommendation to award Surplus Bid No. S04-3594 for one 150 KW Generator to E.B. Simmonds, Incorporated for the amount of $4,.250. OBJECTIVE Approval by the Board of County Commissioners, Ex.~Officio the governing board of the Collier County Water-Sewer District to declare one (1) 250 KW Generator as swplus and award swplus Bid No. S04-3594 to E.B. Simmonds Electrical, Incorporated. CONSIDERATIONS: The Collier County Water Department removed one (l) 250 KW Generator from the Raw Water Booster Station in 1999 during an upgrade of this remote pumping facility. The Water Dcpartmcnt contacted all County Agencies to ensure that the Generator could not be salvaged for use in other County owned and maintained facilities. It was determined that the generator is not compatible for use in other County facilities and is being declared surplus. .- Pursuant to Chapter 274.06, Florida Administrative Statue - Alternative Procedure, invitations were sent out on October 22,2003 for Surplus bid No. S04-3594 - Surplus Sale of One (1) 250 KW Generator. Four bids were received, with the highest responsive offer received from E.B. Simmonds Electrical, Incorporated. FISCAL IMPACT: The sale of the 250KW Generator will net $4,250 and proceeds from the sale of the Generator are to be placed into the Water Distribution Revenue Account- County Water/Sewer Fund (408). GROWfH MANAGEMENT IMPACT: There is no growth management impact related to the approval of the sale of this surplus generator. RECOMMENDATION: That the Board of County Commissioners. Ex-Officio the governing Board of the Collier County Water-Sewer District, declate one (1) 250 KW Generator as surplus and award Surplus Bid No. S04~3594 toE.B.Simmonds Electrical. InCorporated in the amount of$4,250. - Agenda Item No. 16C5 July 27,2004 Page 1 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16C5 Item Summary Recommendation to Award Surplus Bid No, S04-3594 for one 250 KW Generator to E.B. Simmonds Electrical Inc. Meeting Date 7/27/20049:00:00 AM Approved By Gwen Butler Purchasing Supervisor Date Administrative Services Purchasing 6/10/20047:47 AM Approved By Gwen Butler Purchasing Supervisor Date Administrative Services Purchasing 6/10/20047;47 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 6/30/200410:09 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 6/8/2004 7:56 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 7/15/2004 2:50 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/15/20043:28 PM Approved By Randy Greenwald Board of County Commissioners ManagemenUBudget Analyst Date Office of Management & Budget 7/15/20043:45 PM Approved By Michael Smykowski Management & Budget Director Office of Management & Budget Date County Manager's Office 7/16/2004 8:27 AM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 7/16/200410:03 AM Agenda Item No. 16C5 July 27,2004 Page 2 of 3 co..,. (\j .. .;.;i e: > <l) '- en Cl) U en Cl) ~a: :;::; :g o CI Z CU ~ l6 Cl. M CD8 Ci)C\I OC\l U-C\I E :.:; ~ Q) CI ~ lU ~ ~ 'e- a.. I ... ~I I ~ It') 0 C\I.. a.. ... ..- 0 ~ ';: ~ :::I <n III 8 '0 0 c It') 0 C\I E ~ E en CD I w ~ 0 I ~ Qi 0 ~ II.() 'I'- 1 M ~ .c <n 3: en 0 ~ iU ..- 0 CD '0 . j . c I~ Cl) .... " I CD ~ ..c 0 , (3 < 0 i i ... c.!e (j) .~ 0 0 0.. <l) Q) CD .c.Q iU "0 ... a 15(1. '5 en ll) "0 en lU . .... ~ 0 .... I~ 0 iU ... ~ 'Q) 1-0 CD 0 <l) C) ::i.: ....0 ~ ..: .s!.o 0 -Cl) I M iU , ~:x: ::5 0 0 z ... e: CD C\I C\I 0 CD ::J c: ~en ~""" ~ Q) Cj C).. -... en <l) Q) a: ~ .;.; :g I c: .Q 0 E 0 j~l I - CD C/)o I I o > WI.() ..,. <l) 0 OC\l en ~z , I I.() en.. I M (1) I 1-<= 11 ' en ::J I I ~.ao I I en e- CD 151~ I I ~::::J<a I I ccS"o [ LO~('f) ()O_ (000 .....N('f) . r--: Q) ON C> Z>.ro ESa.. Q), ::: ctl "'C C Q) C> <( .... '0 .... Q) Cl l'lS a.. -=-===-- ~ ~ ~ ,~ ~ . ~ - . .' ~' ~ ,,- EXECUTIVESU~ARY Recommendation to approve the weU relocation agreement between Centex Homes and Collier County Water.Sewer District, and approve the necessary budget amendment. OBJECTIVE: To relocate lmmokalee Road Wellfield. Well No. I, to. accommodate thc planned location of a new entrance road at Heritage Bay. CONSIDERATIONS: Centex Homes is in the process of constructing a golf course residential development in the Heritage Bay Planned Unit Dcvelopmcnt. The permit for this development contemplates the construction of an entrance road to. be located an lmmokalee Road. If canstructed in its planned locatian, this road will negatively impact the Caunty's lmmokalee Road Well field, Well No. L Centex Homes agrees to pay the County an amaunt of $150,000 to. relocate the existing well. This estimated amount includes costs for design, permitting, and construction ass<x'-1.ated with relocation of Well No.1, and a contingency. A project number will be assigned to this project, and a budget amendment, when this revenue is received. - If the final actual casts (after bcing quantified) exceed $150,000, Ccntex Hames up an receipt review and approval of the additional costs will pay the County all such costs that exceed $150,000. If these casts (naw estimated) turn out to be less than $150,000. the difference will be reimbursed to Centex Homes by the County. The praposed agreement is not in the 2003 Wastewater Master Plan Update as adopted by the Board on May 25,2004 as Agenda Item IOC. FISCAL IMPACT: A budget amendment is required to recognize unanticipated revenues generated from this agreement and increase project appropriations in the amount of $150,000. The source of funds is private contribution fram Centex Hames. Funds for this project are nat included in the FY 04 Wastewater Capital Budget, as approvcd by the Board on Septcmber 18,2003. GROWTH MANAGEMENT IMPACT: This wark will have no impact on growth management. RECOMMENDATION: That the Board of County Commissioners, as the Ex-Officio Gaverning Board of the Collier County Water-Sewer District, approve and authoti7..e the chairman to execute the. agreement with Centex Homes, record the agreement in the Public Records of Collier County, and approve the necessary budget amendment. - Agenda Item No. 16C6 July 27,2004 Page 1 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16C6 Item Summary Recommendation to approve the well relocation agreement between Centex Homes and Collier County Water-Sewer District, and approve the necessary budget amendment. Meeting Date 7/27/20049:00:00 AM Prepared By Alicia Abbott. E.I. Project Manager 7/12/20044:48:22 PM Public Utilities Public Utilities Engineering Approved By William D, Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 7/13/2004 8:09 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 7/14120048:02 PM Approved By Roy B, Anderson, P.E, Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 7115120048:06 AM Approved By Joseph B. Cheatham Wastewater Director Date Public Utilities WasteWater Treatment 7/15/200410:51 AM Approved By James W, DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 7115/20042:51 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/15/20045:06 PM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 7119/20048:38 AM Approved By MichaelSmykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7119/200410:47 AM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 7119/200411:01 AM Agenda Item No. 16C6 July 27,2004 Page 2 of 7 CENTEX HOMES WATER WELL RELOCATION AGREEMENT THIS AGREEMENT, made and entered into this_ day of 2004 by and between the COLLIER COUNTY WATER-SEWER DISTRICT, with its principal place of business at 3301 East Tamiami Trail, Naples, FL. 34112 ("District"), and CENTEX HOMES with its principal address as 5801 Pelican Bay Blvd., Suite 600, Naples 34108, ("Owner"). WHEREAS, the purpose of this Agreement is to provide that Owner shall pay the District's costs to relocate the subject water well to facilitate the planned location of the subject entrance road, up to One Hundred Fifty Thousand and No/lOO Dollars (SI50,OOO) without question, and such Costs of the District in excess of the first One Hundred Fifty Thousand Dollars ("additional Costs'') shall be paid by Owner upon Owner's receipt, review and approval of the additional Costs which approval shall not be unreasonably withheld; and WHEREAS, Owner is in the process of constructing a golf course residential development in the Heritage Bay Planned Unit Development. The permit for this development contemplates the construction of an entrance road (named "Quarry Blvd") to the project site, This entrance road is located on Immokalee Road and, if constructed in its planned location, will negatively impact the District's Immokalee Road Wellfield, Well No. I hereinafter described in Exhibit A attached here to and made a part here of: ("Well"); and WHEREAS, District and Owner have consulted together with regard to the estimated Costs (as defined below) to relocate this Well to another specified location, and agree that the estimated Costs to design, obtain permits for, and relocate the subject WelI is estimated to total approximately $150,000 (barring unforeseen events and conditions); and WHEREAS, $150,000 shall be advanced to District by Owner; and WHEREAS, the total of these now estimated Costs shall be adjusted to reflect the District's actual costs as those Costs are hereafter quantified. The final, actual costs may exceed $150,000, for which Owner hereby agrees to be responsible for, upon Owner's receipt, review and approval of the additional Costs, which approval shall not be unreasonably withheld. It is anticipated by the parties that this well relocation can be completed not later than the end of twelve (12) months following execution of this Agreement by both parties. NOW, THEREFORE, the parties agree as follows: I. Incorporation of WHEREAS Clauses. The above WHEREAS Clauses are incorporated herein. 2. Need to Relocate Well. The existing Well must be plugged and abandoned and a new Well installed, if the entrance road is to be constructed in its planned location. District agrees to construct a new Well and abandon the existing Well to accommodate the planned location of the entrance road, 3, District to Relocate Well. The District will design, acquire permits for, and relocate the Well (which is located within the Immokalee Road Wellfield); and Owner shall pay for all of the District's Costs ("Costs"). Agenda Item No. 16C6 July 27, 2004 Page 3 of 7 ATTEST: DATED: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS GOVERNING BODY OF THE COUNTY AS EX-OFFICIO THE GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT. DWIGHT E. BROCK, Clerk By: By: DONNA FIALA, Chairman Deputy Clerk Approved as to form and legal sufficiency: 5~~ Thomas Palmer, Assistant County Attorney Agenda Item No. 16C6 July 27.2004 Page 4 of 7 4, Access and Easements. At no Cost to the District, Owner shall also provide the District with unlimited physical access to the site of the Well and the relocation site, and with regard to the new well site, shall convey needed easements to District for the District's access, ~~iepair and/or maintenance of the Well at its new location. 5, Advance Payment by Owner. A check for One Hundred Fifty Thousand and No/lOO Dollars ($150,000) shall be delivered to staff of the District within thirty (30) days of execution of this Agreement by the Chainnan of the Board of County Commissioners. This money shall be used by the District only to pay for the subject Costs. The District is not required to incur any Costs under this Agreement until this check is received by the District 6, Adjustment of Actual Costs when Quantified. If the final actual Costs (after being quantified) exceed $150,000, the Owner shall pay to the District all such Costs that exceed SlSO,OOO, upon Owner's receipt., review and approval of the ~ additional Costs, said approval not to be unreasonably withheld. If Owner's Costs (now estimated) turn out to be less than $150,000, the difference in such Costs shall be reimbursed by District to Owner within sixty (60) workdays after the finally determined actual costs have been quantified, IN WITNESS WHEREOF, the parties have affixed their signatures by their duly authorized representatives. WITNESSES TO SIGNATURE; Centex Homes, a Nevada general partnership, By Centex Real Estate COlporation, a Nevada corporation, its managing general partner ~q9~_.dJ~"A First ess ~ty!ifl. ~l \\ad (Type Pnnl Name ofFlfSl Wllness) ~~5~ 11~'f!!. $ .skr (Type rinl Name of Second Witn~ BY~ ______. Timothy J. Ruemler, Division President ACKNOWLEDGMEl\'T STATE OF FLORIDA COUNTY OF COLLIER (Affix Notarial Seal) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of PI.orida to take acknowledgments, the fOregO~greement was acknowledged before me by -r\N\~ ~l~\rr . elshe is personally kno~to me OR who has produced as identification), WITNESS my hand and official seal this ~ day of ~ ,2004, 'Jl\a,\~! ~ p~ Notary ~enda Ite No. 16C6 July 27, 2004 Page 5 of 7 (D MIIACl RAE PHIU.lP8 MvCXlMMI88ION" OD t&mll c, iXI'IR18: __ , S, 200ll ,~- ..--,-.... : (, I i 'I I I ! .~ I !I'II !I.: I~I I 11"IIII'lm~I'~111 ~!Ii1~ I IIP.~ 41 .1 I !ii'lfllii!!!!!!l!liI 11111..14~~~~'~~'I' i II I~~~~~~S~.' I o o ... SCALE: 1- == 50' ~ 0 _ ...- U) o I- LiJ W L.. Z - I I I ro. I ~ i ( t:i I i I I I I I I ~ .. j ~ I! I ! : i I III: I~ 0- ,I ". - ~ ... J ~I ...... 1- - c < . I ~ i ~, f~ ! I i - ;: u -':: ( " l:j I .. r ~ I ~ I I r I I I I ( I I'" I ' , I ( I I I I I I I I 1 .-r ~ j x ~ co~1'- ()O_ COOO .....NCO . I'-~ Q) ON C> Z ro E ~a.. Q):J . , .' :: .... W ..J < (.) II) \j 1'-~ '~~ 3 .. ,\ ~ rl g:~ ~!. ~I' lE ~J 181, t > , ' Ji .~ ,< :, , I ...~. ::' . .~. < J WilsDnMiller~ .... New D/rf1CtiOnS In Planning, Desioll & Eng/neeling LEGAl DESCRIPTION Being a part of Section 26, Township 48 South, Range 26 East. Collier County, Florida. (Description of existing Collier County, Well # 1) Commencing at the Northeast comer of said Section 26, Thence along the north line of said Section 26, North 89058'13" West 52.17 feet; Thence leaving said line South OO"01'4rWest 0.12 feet to the POINT OF BEGINNING: Thence South 00005'27" West 7.72 feet; Thence South 88041'42" West 33.01 feet; Thence North 01000'34. East 8.54 feet; Thence South 89053'04" East 32.87 feet to the POINT OF BEGINNING. Containing 0.01 acres. more Or less. SUbject to easements and restrictions of record. Bearings are based on the North line of said Section 26 being North 89058'13" West Certificate of authorization #LB-43. 7~O&' ,04 - OlfJaes ~/"'I.g/f1l1l1y /o/u,l.d to serre our clients 8DO.649,4336 NaplUlCorponIB Otnctl3200BaileyL.a11e. SUite200- NilpJes, Florlda34105 - 239,649,~li~;tHp, 16C6 ,.--''''7 "',",Ol~_ wllSDnmJIIM.t:OI71 July 27, 2004 QOOO _____.. Page 7 of 7 W'/SO.MIlIor.IIfC. - FL L1~' LC,CI;J()Of7(1 - Executive Summary Recommendation to approve Work Order # ~1P.FT.04.04 under Contract #00-3119 with Malcolm Pirnie, Inc. in an amount not to exceed $350,000.00 to provide Project Management Support Services for the Northeast Regional Water Treatment Plant and Water Reclamation Facility, Project Numbers 70902 and 73156. OBJECTIVE: To obtain approval of a work order under Contract # 00-3119 with Malcolm Pimie, Inc. to provide professional scrvices in support of project management activities associated with the planning and design of the Northeast Regional Water Treatmcnt Plant and Water Reclamation Facility. CONSIDERATION: The 2(X>3 Wastewater and Water Master Plan Updates (approved by the BCC on May 25, 2004. Agenda Items 10 C and 10 D respectively) includes projects for the study, design, and construction of a new Water Treatment Plant and Watcr Reclamation Facility to replace the existing Orangetree plants and serve potential new customers in the northeast region of the County. The following actions have taken place to date in this regard: - · May 13. 2003 - The Board of County Commissioners approved thc acquisition of a 216-at,;re site in the Orange tree PUD for the purpose of constructing a proposed water reclamation facility, water treatment plant and other utility related fadlities to serve the northeast rcgion of the County (Agenda Item 10 C). · December 16. 2003 ~ The Board of County Commissioners approved a work order with Wilson Miller, Inc. for professional services associated with rezoning and site development planning for the acquired site [Agenda Item 16 C 201. · Junc 24. 2004 - Disuibutcd RFP #04-3673 to obtain Professional Engineeling Services for Design of the Northeast Water Reclamation Facility and Watcr Treatment Plant. It is thc desire of the County to provide the proposed facilities as good neighbors to thc local community, incorporate thc latest, most cost-effective technology to provide cenu'al watcr and wastewater service, and to develop the projects within the detined scope, schedule, budget and quality. The projects consist of the development and expansion of multiple facilities, each with unique planning, permitting, design and implementation requirements. To best achieve these objectives, the staff is recommending approval of the attached work order to provide the County with adequate resources, sUPP011 and professional servil.;es to manage the project development activities and meet the County's schedule, budget, and quality expectations. ............ Agenda Item No, 16C7 July 27,2004 Page 1 of 15 This work order will be performed under the annual fixed term ~ontf'J.ct for Professional Ctility Engineering Servi~cs [Contract # 00-3119, approved by the BCC on April 10, 2001. Agenda Item 16 C 91. The work order is consistent with the scope of services in said contract. Compensation will be on a time and materials basis in accordance with the fee schedule for Contract # 00-3119 as well as the rate schedule attached to the work order. The total amount of compensation shall not exceed $350,000,00. This total compensation is ~onsidered to be fair and reasonable based upon the estimated resources required for pcrforman~e of the scope of services through May 31,2005. FISCAL EVIPACT: The total ~ost associated with this work order is not to exceed S350,OOO.OO. Funding for this obligation is available in and is consistent with the FY 04 Capital Budget approved by the Board of County Commissioners on September 18, 2003. CUlTent appropriations are identificd in the Water Impa~t Fee Fund (411), Northeast Regional Watcr Trcatmcnt Plant Proje~t (70902) and the Sewer Impact Fcc Fund (413), r\E Regional WRF Proje~t (73156). Thc sour~c of l'unds is Water and Wastewater Impact Fees. GROWTH :\iIANAGEMENT ll'IPACT: There IS no impa~t to the Growth Management Plan related to this item. RECOl\'L.\lENDATION: That the Board of County Commissioners, Ex-officio the goveming board of the Collier County Water Sewer-Distrkt: I. Approve Work Order # MP-FT-04-04 with Malcolm Pimie, Inc. in an amount not lO eXl,;eed $350,000,00. " Authori/.c thc Publi~ Utilities Administrator to cxc~ute the Work Order. Agenda Item No, 16C7 July 27, 2004 Page 2 of 15 COLLIER COUNTY JOARD OF COUNTY COMMISSIONERS Item Number 16C7 Item Summary Recommendation :0 approve IJVork Or,jer # rvlP-FT~04-04 under Contract #00- 31 '9 'Nith Malcolm Pirnie, Inc. in an clIT'Oun! not to exceed S35C,JOO.OO to pro\/ide Project ~~lanagement Support Services for the Northeast Regional \/Vater Treatmt.:nt ?Iant ana ""Vater ~ec;3rnation Facility. Project Numbers 70902 and 73156. Meeting Dale 7272:.JC~ 9:'JO:00 AM Prepared By H<::Irry HubHr Sttnior Project M<magHr 7/9/200411:38:19 AM e'Jbljc Utilities Public Utilities Engineering .\pproved By ~in Noon ?Ui"c.1dsing .1~gent DC:lte ~cjrT'inistr3tlVC! Services P'Jrchasing 7i12!2004 12:34 PM Appr",ed By 3>~\i~ C .lrn~H :JL,(cha~.;ingIGf!n~ral SIJC:S Djr~c:tor Date ..1,lIministr~:Hivc .5cr'lic;)s :J'H:n.:l3:ng 1'1 :::l2004 11 :08 .>\M Apprond By ,..J~lul ,\1attJusch \Naror Director C.:1tc "J, UaiC IJ ~ilitjcs N"Hcr 7-~ ~12004 3:-tO .';M Appro,eo By r:(DY 8. Anacrson. P.E. ?'Jojic Utilities Enginccrinl) Director :Jatc .~'Jb!ic iJ~i1ities ,.:JJOlic utilities Enginccrinl) 7 1~i2004 3:53 "'M .\pprond By ~!lQr:l.;l5 .'1/id05 ,J:)~raticns Director Date "j'Joli: '~:j,itjes ?~J;.)Jic ')~jlitjC5 Operations 7, 1-J.12004 .3:07 PM Approved By ~05...":'pl1 :3, ':hcarham il!,) stowater Dir -::!ctor :'J!C J \ 1~)1 ic: 'J til j ~)tts N::.lstttVV;.lttH fr>-!iitrrlHnt 7!.i,200~ IO,J2 AM .\ppr",ed By ~;aJncs 'N, DcLony ,.:Jublic Utilities Administrator Date ?ubli _; U UlitiHS P'lblic Utilities Administration 7!lJI2IJ04 2:33 PM .\ppro,ed By ;~at_;)hn hard .~dminjstratillc ~5sjstant Date County "vhmager'~.; Orfice Office Df ':vJ;magement & Budget ,'13:20043:45 PM .\pprm'ed By Susan Usher Senior ManagementiBudgct Analyst Date Ci)Unty Manager's Office Officio! ,;)f M;,lni:lgement ,\, Budget 7' 15120044:;/6 PM Approved By Michael Smykowski Managoment & Budget Director Date Ci)Unty ~hm<:Jger'''i Office Office of Management ,\ BurJget 7J16/2004 9: 10 AM Approved By James V. Mudd County Manager Date 30;-Hd ;)f County ::>rnmI5sionors '-:::.Junty ,\llanagor's Office 7116,200412:46 PM Apprm'ed By /dllicHn D. ~'ltdlir1. ~.JE ,::J";f1r:!p<:!'1 Projed ,'vlc.l.niiger J~Ee .::J'.lblic:: '.,;t;Jitic5 .~'jofiC' 'J!ilitic5 .::n']inccring 7 ')<~r)04 1 :J6 ,C1~ Agenda Item No, 16C7 July 27, 2004 Page 3 of 15 Work Order # l\ilP-FT-04-04 Contract No. 00-3119 Agreement for Fixed Term Utilities Engineering Services April 10, 2001 This Work Order is for Engineering Services, subject to the terms and conditions of the Conlract referenced above, for work known as: Project: Northeast Water Treatment Plant and Water Reclamation Facility Project Management Support Services Backeround: Collier County Utilities C'County") is planning for the provision of water and wastewater facilities to serve the rapid development oCl:urring in the Northeast County area. A parcel of land has been purchased with adequate area to provide for a minimum of 6.0 mgd wastewater treatment I:apacity in three 2.0 mgd im.::rements, and 20.0 mgd water treatment capacity in two 10.0 mgd increments. 111e land is l:urTently used as a citrus grove and will require a variety of public information meetings, public hearings, agency approvals and regulatory permits to allow the proposed land use. It is the County's desire to provide utility facilities in the Northeast County area that are good neighbors to the local community, incorporate the latest. most cost-crfective tel:hnology to provide central water and wastewater service, and to develllp the project within the County defined scnpe, schedule, budget and quality, The County has determined that, to best achieve the objel:tives for the Northeast Water Treatment Plant and Water Reclamation Facility development, the Public Utilities Engineering Department staff should be supplemented with professional services provided by l\lalcolm Pirnie, Inc. ("Malcolm Pimie"). Scope of Work: Malcolm Pimie will provide the professional services described herein as an advocate for the County, supplementing the County's staff with support, resources, and services. The Project consists of the development and expansion of multiple facilities, each with unique planning, permitting, design and implementation requirements, Project development activities will be provided by County staff, consultants, contractors, regulatory agencies at National, State and Local levels, and others, Malcolm Pirnie will provide the County with adequate resources, support and professional services to manage the Project development activities and meet the County's schedule, budget and quality expectations, Malcolm Pimie will assist the County staff \vith the provision of suft1cient resources to insure that the Project is planned and implemented in the most timely and cost effective manner possible, at all times, under the direction of County staff. Agenda Item No. 16C7 July 27,2004 Page 4 of 15 The following activities and services may be provided under this Work Order: · Prepare a Project Management Plan for the Project. · Prepare a Project Schedule for the Project. · Assist with the Preparation of a Project Budget. · Assist with the Preparation of a Conceptual Site Plan. · Assist with the preparation of RFPs for professional Design Services. · Assist with the review of qualifications and performance history of responding Professional organizations. · Assist with contract negotiations with selected professionals and vendors. · Assist with the compilation and submittal of appropriate permits and zoning, as required. · Review documents and repOtts provided by other Consultants related to this Projel't. · Assist with the preparation of public information material and public meetings, as required. · Evaluate alternative technologies as directed, · Establish tracking systems to help keep the Project on schedule and budget. · Prepare regular Progress Reports deSl.:ribing the status of Project activities wmpleted, underway and up-wming. · Provide other Project related services as required. It is the intent of this Work Order to be llexible rather than restnCl1ve, allowing the direction or re-direction of resources where needed to advance the development of the Project. Schedule of Work: Due to the rapid growth in the NOltheast County area, it is anticipated that the Project Cacilities willwntinue to develop and expand with the area over many years. This Work Order is intended to initiate the Project development process and shall remain in effect through May 31, 2005, unless terminated earlier. Compensation: The County will compensate Malcolm Pimie on a time and materials basis in accordance with the fee schedule provided in Schedule A of Contract No. 00-3119 and the attached "Other Categories Supplement" for services rendered in accordance with this Work Order in the total not to exceed amount of Five Hundred Thousand Dollars ($350,OO(lOO). Agenda Item No, 16C7 July 27, 2004 Page 5 of 15 Agenda Item No. 16C7 July 27, 2004 Page 6 of 15 Rate Sheet for Contract 00-3119 Between Collier County and Malcolm Pirnie, Inc. Position Rate Regional Technical Director, Vice President Regional Practice Leader Location Director/Senior Practice Consultant Program Manager/Program Scientist $260 220 199 169 Agenda Item No. 16C7 July 27,2004 Page 7 of 15 - - -,--- -------;::1-------- - ---- Project: Northeast Regional WTPIWRF Land Use/Zoning Project Manager: Harry Huber Project Delivery Team: Harry Huber Bill Mullin Lyn Wood Robert Zachery Margie Hapke Paul Mattausch Roy Anderson Steve Carnell Bonnie Zinn Project management plan will be adjusted as necessary depending on several milestones that could impact the final delivery date. ; Present recommendation from PDT on acquisition I strategy ! , I Obtain services of Planning I Obtain proposal from firm i Consultant for site rezoning under Fixed Term and long term site ! Engineering Contract; October 24, 2003 Meeting of Project Delivery Team November 4. 2003 Meeting with County Manager November 7, 2003 Associated Activit Discuss PMP and final recommendation on ac uisition strate I I development planning I negotiate and prepare work , I order I I : I December 16, 2003 I BCC Approval of Work Prepare Executive Order for Planning Services Summary and schedule BCC Aqenda Item 1 ! I January 8, 2004 ! i Pre-Application Meeting - -I Coordinate Schedule with ! Rezone : CDES ! i July 27, 2004 BCC Approval of Work i Prepare Executive I Order for Project I Summary and schedule Management Support I BCe agenda item Services Agenda Item No. 16C7 July 27,2004 Page 8 of 15 I , application to CDES I January 17, 2005 Neighborhood Information Schedule and conduct ! Meeting - Rezone required meeting I May 18, 2005 Public Hearing with ' Coordinate Schedule with Planning Commission for CDES Rezone June 28. 2005 Public Hearing with BeC for Coordinate Schedule with I Rezone COES i TBO I Continuing Services Prepare Site Development I I Plans for proposed land uses associated with the i treatment plant operations Revised July 19. 2004 2 Agenda Item No. 16C7 July 27, 2004 Page 9 of 15 - --,--- -------~-------- - ---- Project: Northeast Regional Water Treatment Plant - Design Project No. 70902 Project Manager: Harry Huber Project Delivery Team: Harry Huber Bill Mullin Lyn Wood Robert Zachery Margie Hapke Paul Mattausch Roy Anderson Steve Carnell Bonnie Zinn Project management plan will be adjusted as necessary depending on several milestones that could impact the final delivery date. Completion Date Task to be Completed Associated Activit October 24, 2003 Meeting of Project Delivery Discuss PMP and final Team recommendation on ac uisition strate I I November 4, 2003 I Meeting with County Manager June 24, 2004 I Prepare and Distribute RFP for Design Services Submit Scope of Services to Purchasing; establish Selection Committee Membership : July 27, 2004 i BCC Approval of Work Prepare Executive I Order for Project Summary and schedule . Management Support BCC agenda item Services I i ! July 30, 2004 ' Receipt of RFP for Design Review proposals for Services adequacy; schedule Selection Committee MeetinQs I August 30, 2004 Selection Committee I Review proposals, conduct Meetings - Design Services interviews and establish rankings i I November 19, 2004 -, Design Contract Negotiate and prepare contract documents Agenda Item No. 16C7 July 27,2004 Page 10 of 15 I December 14, 2004 BCC Approval of Design Prepare Executive Contract Summary and schedule BCC agenda item January 10, 2005 Prepare and distribute RFP Submit Scope of Services for CM @ Risk and CEI to Purchasing; establish I Services Selection Committee Membership i January 14, 2005 Issue NTP for Design Execute Documents; obtain Purchase Order February 25,2005 i Receipt of RFP for CM @ Review proposals for I Risk and CEI Services adequacy; schedule Selection Committee , I MeetinQs i April 11, 2005 . Selection Committee Review proposals; conduct Meetings - CM @ Risk and interviews and establish I May 11, 2005 I June 14, 2005 July 11,2005 August 5, 2005 November 4, 2005 February 3, 2006 March 3, 2006 April 21, 2006 March 2, 2007 2 I CEI Services I I Contract for CM @ Risk and CEI Services rankm s Negotiate and prepare contract documents I BCC Approval of Contract I for CM @ Risk and CEI I Services Prepare Executive Summary and schedule BCC A enda Item I Issue NTP for CM @ Risk i and CEI Services I Design (30%) Execute Documents; Issue Purchase Order Review and Approval by Delivery Team Design (60%) Review and Approval by Deliver Team I Design (90%) Review and Approval by i Deliver Team Permit Applications Prepare and submit I a Iications I I Design (100%) Review and Approval by Deliver Team i Permits , i Receipt of Permits for I Construction Agenda Item No. 16C7 July 27, 2004 Page 11 of 15 April 3, 2009 I I Construction End Substantial Completion (24 months) Revised July 19, 2004 3 Agenda Item No. 16C7 July 27, 2004 Page 12 of 15 - --,--- -------~-------- - ---- Project: Northeast Regional Water Reclamation Facility - Design Project No. 73156 Project Manager: Harry Huber Project Delivery Team: Harry Huber Bill Mullin Lyn Wood Robert Zachery Margie Hapke Joe Cheatham Roy Anderson Steve Carnell Bonnie Zinn Project management plan will be adjusted as necessary depending on several milestones that could impact the final delivery date. Completion Date Task to be Completed Associated Activitv ! , October 24, 2003 ! Meeting of Project Delivery Discuss PMP and final Team i recommendation on I I I ! acquisition strateQY , , November 4. 2003 I Meeting with County I Present recommendation I I , Manager I from PDT on acquisition I , strateqy i I , I June 24, 2004 I Prepare and Distribute RFP ! Submit Scope of Services for Design Services I to Purchasing; establish I i Selection Committee I Membership i I ! I July 27, 2004 I BCC Approval of Work I Prepare Executive I Order for Project Summary and schedule I Management Support BCC agenda item Services , July 30, 2004 Receipt of RFP for Design I Review proposals for ! Services . adequacy; schedule I I ! Selection Committee I Meetinqs I i I August 30, 2004 I Selection Committee i Review proposals, conduct i Meetings - Design Services I interviews and establish I I rankings October 1 , 2004 Design Contract I Negotiate and prepare . contract documents I I I Agenda Item No, 16C7 July 27, 2004 Page 13 of 15 I Contract I Summary and schedule BCC agenda item I , November 1 . 2004 Prepare and Distribute RFP Submit Scope of Services for CM@Risk and CEI to Purchasing; establish Services Selection Committee Membership November 1 5, 2004 !Issue NTP for Design Execute Documents; obtain I Purchase Order , December 20,2004 i Receipt of RFP for Review proposals for CM@Risk and CEI Services adequacy; schedule Selection Committee I Meetings I February 4,2005 Selection Committee Review proposals, conduct I Meetings - CM @ Risk and interviews and establish I ! CEI Services rankings ! March 21, 2005 Contract for CM @ Risk and Negotiate and prepare .. CEI Services contract documents I I I I April 12, 2005 . BCC Approval of Contract Prepare Executive I for CM @ Risk and CEI Summary and schedule I Services BCC Agenda Item I May 2, 2005 I Issue NTP for CM @ Risk I Execute Documents; Issue I and CEI Services I Purchase Order ! , I May 16 2005 , 0 I . Delivery Team I August 15, 2005 i Design (60%) i Review and Approval by I I , i Delivery Team I I November 14, 2005 I Design (90%) I Review and Approval by , I Delivery Team , I i I i December 2, 2005 I Permit Applications i Prepare and submit i aoolications i I February 13, 2006 I Design (100%) ! Review and Approval by ! Delivery Team I I I November 3, 2006 . Permits I Receipt of Permits for I ! Construction I I I December 4, 2006 I Construction Start Issue NTP Design (300;;) I Review and Approval by ") Agenda Item No, 16C7 July 27, 2004 Page 14 of 15 I December 5, 2008 Revised July 19, 2004 3 Construction End Agenda Item No, 16C7 July 27, 2004 Page 15 of 15 EXECUTIVE SUlVl~IARY - Recommendation to award Contract #04-3672 to Encore Construction Company to construct the Goodland Water Booster Pumping Station upgrades, in the amount of $690,000, recognize additional carry forward, and approve the necessary budget amendment. OBJECTIVE: To construct the necessary renewal, replacement, and upgrades to obtain a reliable and safe water booster pumping station for the Goodland Water System. CONSIDERATIONS: On September 9, 2003, as Agenda 16Fl Item 15, the Board of County Commissioners ratified the approval of a work order amendment to Greeley and Hansen Work Order No~ GH-FT-03-02 to provide engineering services that induded final design. permitting. bidding services. and construction services for this project. .- The upgrades for this project include improvements to capacity and reliability. The existing controls and pump d1;ves will be replaced with variable frequency drives that are consistent with similar equipment at other County stations, The project also includes the removal and replacement or two 20-inch valves. one 16-inch valve. two IO-inch valves and one 8-inch valve at the site. County staff investigated and scheduled replacement of the valves prior to final design. however. pressure tests demonstrated that there would be difficulty in maintaining pressw'es to the Goodland Water System. Based on the difficulty in maintaining system pressures. the work was postponed until the summer of 2004. and was subsequently added into this contract. On June 22. 2004 scaled bids were opened ror this project. Three bid packages were received and are listed below: ~ idder Encore ConstrU\:tion Company. Quality Enterprises USA. Inc. Douglas N. Higgins. Inc. Amount $ 690.000 $ 729.412 $ 963.000 The bid tabulations are attached. .- The design professional's original cost estimate (July 20(3) was $ 655.400 with a revised cost estimate (June 2004) prior to the bid opening of $758.091. The initial cost estimate was increased following the addition of the seven valve replacements to the conU'act by the County, as well as estimated increased material costs since July 2003, The lowest bid was from Encore Construction Company in the amount of $690.000. The design professional has reviewed the qualifications of the low bidder and determined that Encore Construction Company is qualitied, responsible. and able to perform the required work. The design professional recommends award of the contract to Encore Construction Company. The proposed contract is consistent with the 2003 Water Master Plan Update as adopted by the Board on May 25. 2004 as Agenda Item 100, Agenda Item No. 16CB July 27,2004 Page 1 of 4 Executive Summary Approve Contract 04-367:2 Page 2 FISCAL IlVIPACT: Funds arc available in Goodland Watcr District, Fund 441. Funds for this project are induucd in thc FY 04 Goodland Budget, as approved by the Board on Scptember 18, 2003, GROWfH MANAGEMENT li'\'IPACT: This project is needed to mcet current and future watcr managcment needs in thc Goodland service arca, RECOMl\'IENDA TIONS: That the Board of County Commissioners, as the Ex-officio Governing Board or the Collicr County Water-Sewer District award Contract 04-3672 to Em:ore Construction Company in the amount of $690,000, authorize the Chairman to sign the contract after approval by the County Attorney, recognize adtlilional carry forward, and approve the necessary huugel amenument. Agenda Item No. 16C8 July 27, 2004 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number ;6C8 Item Summary Recommendation to award Contract #04-3672 to Encore Construct,on Comoany to construct the Good'and Water Booster Pumping Station upgrades, -, the amount oi $690000, 'ecognlze additional carry fOiVJard. and aporove the lecessary oudget amendment. Meeting Date 7;27200490000 AM Prepared By Alicia Abbott. E.!. ProJoct Managor 7/9/20041:54:58 PM Public Utilities Public Utilities Engineering Approved By Poul Mattausch Water Director Date ?ublic Utilities Water 7/11/20043:13 PM Approved By ""oy B. .lo.nderson. PS. P'lblic Utilities Engineering Director Date ,"jbJic Utilitios :-)ublic Utilities Enginooring 7/11/20041048 PM Approved By ,',mola Libby \Nator O~erations Manager Oato -".Jblic Utilitios 'Nator 712/2004757 AM Appn",ed By '-In Wood ;"'..Hchasing Agont Date ~jminjstratilJ9 .3er/ices Purchasinq 7;12/2004 3:26 AM Approwd By l'Iilliam o. MUllin. ;:>1:: -'rmcipal i'rojcct ,\1allagor 1)3tO ?~jblic Utilities ,:>'.iblic Utilities Engineering ?in/2004 3:35 AM \pproved By 3:eve Carnell Purchasing/General Svcs Director Date ~aministrative Ser/ices Purchasing 7/13/2004 7:36 AM Approved By ThomJs iNides Operations Director Date ,'ublic Utilities Public Utilities Operations 7!14/2004 8:11 PM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilitios Administration 7!15/2004 3:17 PM ApproHd By ,'Ill Lchnhard Administrative Assistant Oate County Manager's Office Office of Management & Budget 7/15/20043:48 PM Approved By .~,:lndy Greenwald Management/Budget Analyst Date ~oard of County ,~ .)rnmCSSIOnerS Office of Management ~ Budget 7/15/200410:20 AM ,-\pprO\ed By : ,mas 'I. Mudd '-:Qunty ""anClger Date 3'Jdrcl )T ':ounty .: j,'~1/;lISS1C;,1(:rs ".>Junty '\'ianager".-; Officn 715,2004106 PM Agenda Item NO. I blAil July 27, 2004 Page 3 of 4 er' Alicia Abbott Project Mana~ M 21,2004 Date Posted, ay .. Ia' Good.,d W'~' 0 N HI"". Bid 04-9672 ,,, Station U.....' , a,"" E"_ _ . Pumping _~ I Booslel 2004 - - - , _ '._ _ 690.000+00 0". J'" 22. --. ., __ I. 963.000_00 --- -- ~ - t .'29.41200:. -t-- _ .~m !~~:::~:~I.-i"~ Eq'-'tW;aTALB~~ _ ~1~ +_. .-=- :....=t-=-- -T- I Yy Y -=r-~ =F I __ -t-+ -4 -~y 1== - --FACTURERS__ -t, YI---+ - -MATER'" MANU_ RACTaRS R . Y _ _. Y . Y __ _ ~ . - +"51 OF SUB'i,~NJxPERIE""E aF B10DE - - --"-- _ I ~--.r--. _ ~:___ r ---STATE.EN.T. ACT -- . __ _, m y_ \-- I _ __ . _ _ -.TRECH_SAT~';;,'NTEREST_ . - I Y Y_-i,_ __-tl,.-~..._.- CONFUe __ __ _ _ Y -----j _I:~~:~.O. A ,~;~.. : -. ",iJ~.J ~ _ _ ~I'_. -_ -___m ~_ -~f __ __~ W',.,,_ Su. _ -. _ _ I ~- -----r Notices Sent~d22~ Packages Recelv , -=t=~---+--- Page 1 of 1 No 16C8 Agenda ItJ:;y 27, 2004 Page 4 of 4 EXECUTIVESU~~ARY Recommendation to approve execution of a Letter of Agreement to provide consulting services, not to exceed $18,067.50, for the evaluation of a Utility Agreement between Collier County and the City of Marco Island. OBJECTIVE: Secure approval to execute thc attached Lcttcr of A,b'Teemcnt with Public Resources Management Group, Inc, to provide consulting services for the evaluation of a Utility Agreement betwecn Collier County and the City of Marco Island associated with the exchange of the Marco Shores water and wastewater utility assets and service area currcntly served by the City of Marco Island to Collicr County and the Goodland Water Sub-District water utility assets and service area currently served by the County to the City of Marco Island. - CONSIDERA TIONS: The Collier County Water-Sewer District dcsires to engage the firm of Public Resources Management Group, Inc. to providc general consulting serviccs on bchalf of thc City of Marco Island and Collicr County relativc to preparing an evaluation associated with the exchange of the Marco Shores water and sewer utility assets and service area from the City to the County and the the Goodland water utility assets and service area from the County to the City, The close proximity of the Marco Shores utility service area to the Collier County Water-Sewer District and the proximity of the Goodland utility service area to the City of Marco Utility District warrants an evaluation of the benefits and costs to each respective party of any such utility service area transfer. It should be noted that currently, the Goodland water is purchased by bulk service agreement from thc Marco Utility; thcn furthcr trcated and distributed by the Collier County Water-Sewer District. Staff proposes that the cost of the consulting services provided by PRMG, with an initial not-to-cxceed budget of $36,135, be shared equally between Collier County and the City of Marco. The City Manager of Marco Island has already approvcd the City's partidpation in this a,b'Teement. FISCAL IMPACT: The initial cost of the transaction should not exceed $36,135 in total. An equal sharing arrangement between the City of Marco Island and Collier County would limit the County's initial cost to $18,067.50. The funds are available in the Water-Sewer Operating Fund 408. GROWTH MANAGEMENT IMPACT: This Letter of Agreemcnt for consulting services has no impa(,;t on the Growth Management Plan. - RECOMMENDATION: That the Board of County Commissioners, as the governing hody of Collicr County and as the ex-offkio the governing board of the Collier County Water-Sewcr Distri(,;t. approvc the Pur(,;hasing Director, on behalf of the Public Utilities Operations Dirc(,;tor to cxc(,;ute the Lettcr or Agrccmcnt betwecn Public Resources Agenda Item No. 16C9 July 27, 2004 Page 1 of 13 .- Managcmcnt Group, Ine., Collicr County and thc City of Marco Island in thc amount of $18,067.50. _. ",,-.... Agenda Item No, 16C9 July 27, 2004 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16C9 Item Summary Recommendation to approve execution of a Letter of Agreement to provide consulting services, not to exceed $18,067.50, for the evaluation of a Utility Agreement between Collier County and the City of Marco Island. Meeting Date 7/2-;"/2004 9:00:00 AM Prepared By Joseph Bellone Operations Supervisor 7/7/20048:10:19 AM ::'ublic Utilities Public Utilities Operations Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 7/14/20048:23 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7/15/20048:01 AM Approved By James 'iV, Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 7/15/2004 3:22 PM Approved By Randy Greenwald ManagementJBudget Analyst Date Board of County Commissioners Office of Management & Budget 7/16/20048:55 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/16/20042:56 PM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 7/16/20044:28 PM Approved By lyn Wood Purchasing Agent Date Administrative Services Purchasing 7/9/2004 1 :27 PM Agenda Item No. 16C9 July 27,2004 Page 3 of 13 II Public Resources Management Group, Inc. Utility, Rate, Financial and Management Consultants June 10, 2004 Mr, William Moss City Manager City of Marco Island 50 Bald Eagle Drive Marco Island, FL 34145-3528 Mr. Thomas G. Wides Operations Director, Public Utilities Division Collier County Government 3301 E, Tamiami Trail, 3rd Floor, Bldg. H, Suite H3 Naples, FL 34112 Subject: Letter of Agreement to Provide Consulting Services for the Evaluation of a Utility Agreement between Collier County and the City of Marco Island Gentlemen: Public Resources Management Group, Inc. (pRMG) is pleased to submit this Letter of Agreement (the "Agreement") to provide general consulting services on behalf of the City of Marco Island, Florida (the "City") and Collier County, Florida (the "County") (and collectively, the "Parties"). Based on our discussions with the Parties, PRMG will provide consulting services relative to preparing an evaluation associated with the transfer of the Marco Shores water and wastewater utility service area (the "Marco Shores System") currently served by the City to the County and the transfer of the Goodland Water District water utility service area (the "Goodland System") currently served by the County to the City (collectively, the "Utility Agreement"). As a result of our discussions with the Parties, we propose the following: PROJECT TEAM AND DIRECT LABOR RATES With respect to the performance of this engagement, Mr. Robert J. Ori will be the project manager and primary contact between the Parties and PRMG. PRMG may utilize other employees or associates during the course of the engagement as needed. Included on Attachment A, which is made a part of this Agreement, is a summary of the direct labor rates by project team title designation which will be used by PRMG to invoice the Parties for services rendered in association with the engagement. SCOPE OF SERVICES The scope of services to be performed by Public Resources Management Group, Inc. is included on Attachment B, which is made a part of this Agreement. 1(;\1 094\Marco SwapAgrmtLtr.doc Agenda Item No. 16C9 July 27, 2004 Page 4 of 13 Mr. William Moss, City of Marco Island Mr. Thomas G. Wides, Collier County Government June 10,2004 Page 2 COMPENSATION AND BILLING Based on the Scope of Services as summarized herein in Attachment B and the direct hourly labor billing rates as identified on Attachment A, we propose to establish an initial not-to-exceed contract budget to provide general consulting services to the Parties for the evaluation of the Utility Agreement of $36,135. A summary of the cost estimate is included on Attachment C of this Agreement. Based on our discussions with the Parties, PRMG will bill the City and the County individually a pro rata amount equal to 50% of the total cost incurred in the performance of the engagement. This contract budget as shown on Attachment C, includes the direct cost of personnel anticipated to be assigned to the project, an allowance for other direct costs such as travel, telephone, and shipping charges, as well as the recognition of consulting engineering services. The costs incurred by PRMG for such other direct costs, if any, will be billed to the Parties based on the Standard Unit Costs or reimbursement schedule as reflected on Attachment A. It is proposed that PRMG will bill monthly for services relative to this engagement based on the hourly amount of time spent by the project team members, the other direct costs incurred and the pass-through of any subconsulting costs that may be required for the engagement. TERM OF AGREEMENT The term of this Agreement and the associated billing rates for the PRMG personnel shall be in effect and continue through the completion of the project or through December 31, 2004, whichever occurs first, unless mutually extended by the Parties and PRMG. It is anticipated that the project will be submitted to the Parties within ninety (90) days after being given authorization to proceed. ST ANDARD TERMS AND CONDITIONS Standard terms and conditions, that are made part of this Agreement, are set forth in Attachment D. We have enclosed three (3) originals of the Agreement for providing general consulting services related to the evaluation of the Utility Agreement for both the City's and County's authorizations. Upon execution of this Agreement by the Parties, please return one (1) original to PRMG; the other two originals are for the respective City's and County's files. K:\l 094\MarcoSwapAgnntLtt .doc Agenda Item No. 16C9 July 27, 2004 Page 5 of 13 Mr. William Moss, City of Marco Island Mr. Thomas G, Wides, Collier County Government June 10, 2004 Page 3 We appreciate the opportunity to submit this Letter Agreement to both the City and the County and look forward to working with the Parties in the near future. Very truly yours, Public Resources Management Group, Inc. Witness Robert 1. Ori President Witness ACCEPTED BY: City of Marco Island, Florida Authorized Signature Witness Witness Title Date ACCEPTED BY: Collier County, Florida Authorized Signature Witness Witness Title Date Approved as to Form & Legal Sufficiency Assistant County Attorney Attachments K;'.l 094\M arcoSwapAgrmtLtr.doc Agenda Item No, 16C9 July 27, 2004 Page 6 of 13 ATTACHMENT A CITY OF MARCO ISLAND AND COLLIER COUNTY UTILITY CONSULTING SERVICES - UTILITY AGREEMENT EVALUATION SCHEDULE OF DIRECT LABOR HOURLY RATES AND STANDARD COSTS DIRECT HOURLY RATES Project Team Title Principal Executive Consultant Associate Supervising Consultant Senior Consultant Rate Consultant Rate Analyst Anal yst Assistant Analyst Clerical and Administration Direct Labor Hourly Rate [*] $130.00 $120,00 $110,00 $ 95,00 $ 85,00 $ 75.00 $ 65.00 $ 55.00 $ 45.00 $ 45.00 [*] Direct labor hourly rates effective through December 31,2004; rates will be adjusted by five percent (5%) annually for invoices rendered after January 1 of each year thereafter until project completion or as mutually agreed between parties. OTHER DIRECT COST RATES Expense Description Mileage Allowance - Personal Car Use Only Reproduction (black and white) Reproduction (color) Reproduction (contracted) Computer Time Telephone Charges Delivery Charges Lodging/Other Travel Costs Meals Subconsultant Services Other Costs for Services Rendered K.:\ l 094\MarcoSwapAgrmtL II .doc A-I Other Direct Cost Rates [*] $0.36 per mile $0.10 per page $0.50 per page Actual Cost $0.00 per hour Actual Cost Actual Cost Actual Cost Not to exceed per PRMG Employee: $9.00 - Breakfast $9.00 - Lunch $22.00 - Dinner Actual Cost Actual Cost Agenda Item No, 16C9 July 27,2004 Page 7 of 13 ATTACHMENTB CITY OF MARCO ISLAND AND COLI~IER COUNTY, FLORIDA UTILITY CONSULTING SERVICES - UTII~ITY AGREEMENT EV ALUA TION SCOPE OF SERVICES The scope of services to be performed by Public Resources Management Group, Inc, (pRMG) will encompass the following tasks: I. Data Acquisition and Review: In order to perform the utility financial evaluation requested by the City and the County, PRMG will prepare a data request including specific utility system information from both the City and County (collectively, the "Parties"). The information to be compiled and furnished to PRMG by the Parties will include, but not be limited to, existing utility customer billing data, operating cost and financial information, fixed asset records and other related facility information such as permits, monthly regulatory operating reports, etc., and other information such as outstanding debt allocable to the individual Systems, capital improvement plans, and operating budgets. PRMG will prepare a written request for response by the Parties. This task will also include two (2) meetings with the individual staffs of both the City and County to initiate the project and review the requested data. 2. Capital Facility Analvsis: PRMG will evaluate the capital improvement needs of each Party's system to identify capital funding requirements and deficiencies that may affect the net transaction value for the Parties' System. PRMG will utilize MWH Americas, Inc. (MWH) to perform the engineering evaluation and review of the individual City and County systems. It is envisioned that this task will include a review of current capital improvement plans, meetings with Party staff to discuss the needs of each individual system, review of available documents, including fixed asset records, and other analytical procedures as considered necessary to evaluation general condition and identify capital needs of the utility system. MWH will prepare a capital needs list assuming service by the respective Party after acquisition based on this evaluation which will be incorporated in the financial analysis to be performed by PRMG as described in the following tasks. K:\j 094 ',Marco S wapAgnmLtr .doc 3. Financial Evaluation: PRMG will prepare a financial evaluation regarding the Utility Agreement Evaluation between the Parties. The financial evaluation will include: i) an estimate of the City's Marco Shores System revenue generated by to be exchanged based on actual historical billing information for each account and the utility rates currently in effect for both the City and the County; ii) an estimate of County's Goodland System revenue generated to be exchanged based on actual historical billing information for each account and the utility rates currently in effect for both the County and the City iii) an analysis of utility system operating costs to determine the costs that will be avoided by the County's Goodland System once the customers are served by the City and the costs that will be avoided by the City's Marco Shores System once those customers are served by the County; iv) an estimate of the net contribution margin towards fixed costs generated by the revenues Agenda Item No, 16C9 July 27,2004 Page 8 of 13 B-1 from customers under consideration for each respective utility; determination of the net present value benefit or detriment associated with the transaction which would result in potential compensation being made by one Party to the other and v) preparation of a customer impact analysis to disclose the impact of the customer exchange on the monthly bills of such customers. The purpose of the financial evaluation will be to assist the City and the County to estimate the respective value of the wastewater and water customers/service areas/utility systems to be exchanged from a financial or net income perspective. 4. Preparation of Report and Presentation of Results: Based on the results of the financial evaluation, PRMG will prepare a letter report outlining the assumptions, considerations and findings of the financial evaluation and the engineering analysis provided by MWH. The report will be prepared after the joint working group meeting and will be presented in draft form for Party review and comment. Subsequent to finalization of the Report, PRMG will attend a City Council and Board of County Commission public hearing/workshop to assist each respective Party's staff with the presentation of the results of the analysis. 5. MeetinJ!s: During the course of the engagement, representatives from PRMG and MWH will be required to attend several meetings/teleconference sessions with the Parties to review information, evaluate results, and present findings. For the purposes of this component of the scope of services, we have assumed the attendance of five (5) total meetings by PRMG personnel. For the purposes of the development of this scope of services, each meeting was assumed to be of eight (8) hours in duration for each project team member attending the meeting. It should be noted that the attendance of teleconference sessions will be considered as a meeting for the purposes of this scope of services. The following is a summary of the meetings identified in the scope of services. Review Compiled InformationlKick-off - City (*) Review Compiled InformationlKick-otf - County (*) Review Preliminary Financial Forecast'Engineering Analysis - City (*) Review Preliminary Financial Forecast'Engineering Analysis - County (*) Attend Joint Working Group Meeting to Present Results Attend City Council and County Commission Meetings regarding Transaction No. of Meetings 0.5 0.5 0.5 0.5 1 2 Total Number of Meetings Recognized (*) Assumes attendance of meetings during a single day/trip. ~ K;\! 094 \Marco SwapAgnntLtr .doc 6. Additional Services: During the course of this analysis, the Parties may request PRMG to perform additional services beyond what is reflected in the scope of services set forth above. Such services will not be conducted until PRMG is authorized by the City or County (or mutually by the Parties depending on the nature of the additional services request) as mutually agreed between the City or County and PRMG. The Parties will be billed for such additional services required to be performed by PRMG based on the hourly rate schedule of PRMG as shown in this Agreement or some other basis as mutually agreed between the City, County, and PRMG, Although no additional services are anticipated for this engagement, examples of additional services may include the following: Agenda Item No. 16C9 July 27,2004 Page 9 of 13 B-2 i) attendance of additional meetings with City and County staff beyond what IS contemplated in the scope of services; ii) assistance with the transition of the utility systems between the Parties, including providing assistance in drafting or review of any purchase and sale agreement and other documents relative to the eventual customer exchange; iii) development of revised rates for service as a result of the service area exchange or assisting with any customer/public information programs to present the transaction to the affected customers; and iv) performance of additional financiaVengineering review analyses required after the final work product is provided to the Parties due to changes in previously submitted information and/or strategy associated with the customer exchange, K: \I 094\Marco S wapAgrmtL tr.doc B-3 Agenda Item No, 16C9 July 27, 2004 Page 10 of 13 Attachment C City or :\10..0 Island and Collier County Palle 1 or 1 Prolect COlt Estimate for DevcloDmeot of a Prelmlna" Valuation AnalVJIs.. UtiJltv SWID between the Cltv or Mln:o Island Ind ColDer Couotv PrincipaV ~_inc ProJcet Supervising Senior Rate Rate Clencal _---..:"D. Activity Manaaer Consultant Consultant Consultant Analyst Analyst & Admin. PRVlG Project 81mna Rare, (5tHr.) 513000 595.00 $85.00 $75,00 565.00 555.00 $~5 ,00 Task. 1 - Data Acquisition and Review (I) ~ 12 6 Task 2 . CapItal Facility Analysis (2) 6 4 I Task 3 . FinancIal Evaluation 12 54 24 4 Task 4 - Presentation of Analysis and Preparation ofRcport 8 16 to 14 Task 5 - Meetings (5 Meetings Assumed) 45 18 to 10 ProJcct Management/Contingency 8 4 4 Total Project Hours 83 108 44 39 Total Direct labor Cost - All Tasks 10,790 9.180 $ 2,~20 1,755 ;0 Average Hourly Billing Rate Totals 22 II 94 48 83 16 274 24,145 588.12 II Allowance for Other Direct Costs 12 Delivery Charges (2 Express Mails @ $50,00) J 3 Copy Charges (75 pages/report@ 10 reports scnt x: two Parties ~ S.10 x: 2 iterations plus covers/backs at S3.00 x 10 x: 2) 14 T clephone AJ lowance 15 Travel (5 Trips to City/County x 500 miles roundtrip x SO.36/mile) 16 Miscellaneous Expense Allowance 100 360 150 900 480 17 Total Allowance for Other Direct Costs 1,990 18 Allowance for Subconsultal1t ScrvlCCS (per MWH) 10,000 : 9 Total Estimated Project Cost $36,135 (I) Assume. data relllllly .v"lable and doe. not recognize any meeting costs. made by the private utIlity under review. (2) Reflects PRMG review of facility analysis to be performed by PRMG subconsultant MHW as the projcclteam Consulting Engineer, MarcoCou ntyUlilitySwapCostEstxlw Agenda Item No. 16C9 July 27, 2004 Page 11 of 13 612812004 5:02 PM PUBLIC RESOURCES MANAGEMENT GROUP, INC. STANDARD TERMS AND CONDITIONS ATTACHMENTD I. SCOPE Public Resources Management Group, Inc. (PRMG) agrees to perform the utility consulting services described in the agreement that incorporates these standard terms and conditions. Unless modified in writing by the parties hereto, the duties of PRMG shall not be construed to exceed those services specifically set forth in the agreement II. COMPENSA TION Client agrees to pay for the services as billed within thirty (30) days of receiving the invoice, Amounts paid after thirty (30) days may be subject to interest charges. Time-related charges will be made in accordance with the billing rate referenced in the agreement Direct expenses and subcontractor services will be billed at cost. III, RESPONSmILITY PRMG is employed to render a professional service only, and any payments made by Client are compensation solely for such services rendered and recommendations made in carrying out the work. PRMG shall make findings, provide opinions, make factual presentations, and provide professional advice and recommendations, IV. INDEMNlFICA nON PRMG agrees to indemnity, defend, and hold Client harmless from and against any liability arising out of the negligent errors or negligent omissions of PRMG, its agents, employees, or representatives, in the performance of duties set forth in Article L V. INSURANCE PRMG shall maintain during the life of the agreement the following minimum insurance: 1. Comprehensive general liability insurance, including personal lI1Jury liability, blanket contractual liability, and broad form property damage liability. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. I094/MarcoSwapAtlD,doc -1- 2. Automobile bodily injury and property damage liability insurance covering owned. non-owned, rented. and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 3, Statutory worker's compensation and employers' liability insurance as required by state law. 4. Professional liability insurance. VI. ASSIGNMENT These terms and conditions and the agreement to which they are attached are binding on the heirs, successors, and assigns of the parties hereto. This agreement may not be assigned by Client or PRMG without prior, written consent of the other, VII. INTEGRATION These terms and conditions and the agreement to which they are attached represent the entire understanding of Client and PRMG as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. The agreement may not be modified or altered except in writing signed by both parties, VIII. JURISDICTION This agreement shall be administered and interpreted under the laws of the State of Florida. Jurisdiction of litigation arising from the agreement shall be in that state. If any part of the agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the agreement shall be in full force and effect IX. SUSPENSION OF WORK Client may suspend, in writing, all or a portion of the work under the agreement in the event unforeseen circumstances beyond Client's control make normal progress of the work impossible. PRMG may request that the work be suspended by notifying Client, in writing, of circumstances that are interfering with the normal progress of work. PRMG may suspend work on the project in the event Client does not pay invoices when due, The time for completion of the Agenda Item No. 16C9 July 27, 2004 Page 12 of 13 PUBLIC RESOURCES MANAGEMENT GROUP, INC. STANDARD TERMS AND CONDITIONS ATTACHMENT D ".- work shall be extended by the number of days work is suspended In the event that the period of suspension exceeds 90 days, the tenns of the agreement are subj ect to renegotiation and both parties are granted the option to terminate work on the suspended portion of the project, in accordance with Article VIII. award rendered by the arbitrators shall be fmal and judgment may be entered in accordance with applicable law in any court having jurisdiction, X. TERMINATION OF WORK. Client may terminate all or a portion of the work covered by the agreement for its convenience. Either party may terminate work if the other party fails to perform in accordance with the provisions of the agreement. Termination of the agreement is accomplished by 15 days prior ",Titten notice from the party initiating termination to the other. Notice of termination shall be delivered by certified mail with receipt for delivery returned to the sender. In the event of termination, PRMG shall perform such additional work as is necessary for the orderly filing of documents and closing of the project The time spent on such additional work shall not exceed 5 percent of the time expended on the terminated portion of the project prior to the effective date of termination. PRMG shall be compensated for work actually performed prior to the effective date of termination plus the work required for ftling and closing as described in this Article. XI. ARBITRATION All claims, disputes and other matters in question between the parties to this agreement arising out of or relating to this agreement or the breach thereof, which are not disposed by mutual agreement of the parties. shall be decided by arbitration in accordance with the Florida Arbitration Code. No arbitration arising out of or relating to this agreement shall include any person not a party to this agreement except by written consent containing a specific reference to this agreement and signed by the parties hereto and persons to be joined. This agreement to arbitrate shall be specifically enforceable under prevailing arbitration law. Notice of demand for arbitration shall be filed in writing with the other parties to this agreement The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, but in no event after the date when the institution of legal or equitable proceedings would be barred by the applicable statute of limitations. The 1094/MarcoSwapAttD.doc -2- Agenda Item No. 16C9 July 27, 2004 Page 13 of 13 .- EXECUTIVE SUMMARY Recommendation to adopt a Resolution authorizing the acquisition of Temporary Beach Restoration Easements required for the Collier County Beach Restoration Project and ~lanagement Plan at a cost not to exceed $2,000; Project 905271. OBJECTIVE: To obtain Board of County Commissioners' authorization to secure Temporary Beach Restoration Easements (Easements) necessary for beach restoration and management. Landowners will not bc compensated, but asked to provide the Easement as a gift. CONSIDERATIONS: The Board of County Commissioners has approved a Professional Engineering Services Agreement with Coastal Planning and Engineering, Inc., to provide prufessional engineering services necessary for the completion of the Collier County Beach Restoration and Management Plan. ,- \Vhilc the Beach Restoration Projel:t w1\l cover the gulf coast from Delnor Wiggins State Park south to 450~ feet south of 21st Avenue South in the City of Naples (Total Project), county staff will only be securing Easements for the stretch of beadl between Delnor Wiggins State Park and the north boundary of the City of Naples (Project), as shown on attached Exhibit .. A." City of Naples' staff will be responsible for seLllring Easements for that portion of the Total Project area lying within its jutisdiction. A total of 156 Easements are required for the Total Projel:t. 58 for the County's portion and 98 ['or the City's. To assist city staff and provide document continuity, county staff prepared all of the Easements. TIle Easemcnts covcr initial restoration and ongoing maintenance until terminating on December 31, 2025. The Total Projcct will cx.tend the width of the upland beach area by collecting compatible sand from offshore areas and placing it along the shoreline. The majority of the Project's construction will occur on land owned by thc State of Florida (seaward of the mcan high water line or the erosion control line); howevcr, the land located landward of the mean high water line or erosion control line is owned by individual bcachfront property owners. To ensure the placement of sand landward of the mean high water line or erosion control line, it is necessary to acquire Easements from the individual bcachfront property owners to allow the county's contractor to place sand only on areas between the mean high watcr line or crosion control line and the seawalls, revetments, or vegetation lines. The adoption of the attached Resolution will: 1. Authorize the acquisition of Easements for the Project; and 2. AuthOlize Chairman Fiala and any subsequent Chainnan, for the life of the Project, to execute any instruments required for the acquisition of the Easements or any documents necessary for completion of the Project; and ~ Agenda Item No. 16C10 July 27,2004 Page 1 of 7 EXECUTIVE SUJ.\iL\1ARY Acquisition of Easements for Beach Restoration Page 2 3. A~cept title to the Easements and authoril.c starr to record in the Public Records of Collier County, Florida, the Easements and su~h other documcnts requircd in connection with thc Proje~t: and 4, Authoriz.e utiliz.ation of county-owned and/or maintained beach access points for ingress and egress of equipment and supplies nc~cssary to thc ~onstruction and maintenam;e of thc ProjCl:t; and 5. Dircl:t staff not to placc sand on privately-owncd properties in the event the owners uo not uonate, in a timcly manner, Easemcnts nCl:cssary for thc ~ompletion of the Project. FISCAL IMPACf: The totalt:ost of this transat:tion will not ex~ecd $2,000 for ret:ording the cascments with the Clerk nf Courts. Funds arc availablc in the projet:t budget. The snurce of funds is ToU!;st Taxes. ,.............. GROWTH MANAGEMENT LVIPACT: The t:l1tctia for dcsign and t:onstrut:tion of this Projct:t provides for ~ompliant:c with provisions in the Coastal Zone Elemcnt of thc Growth Management Plan, RECOMJ.\ilENDA TION: That the Board of County Commissioners adopt and authorize Chairman Fiala to cxecute the attached Rcsolution on bchalf of the Board. - Agenda Item No, 16C10 July 27, 2004 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number ~6CiO Item Summary =<.ecommendation to adopt a ReSoiution authorizing :he acquisition of T;;mporary 3each Restoration Easements rer;L.:lrec for the Collier County Beach ~c;storation Project and Management Pian at a cost not to exceed S2.000: ?roject 9Q5271. Meeting Date 727.'200..1 3:00:00 AM Prepared Rl Toni A. Mot1 Real Property SupcrJisor 7/8/2004 11 :28: 17 AM Administrative Services Facilities Management Approved Rl Roy B. Anderson. P E. Public Utjliti~s Engineering Director Date ,::>ublic Utilities Public Utilities Engineering 7/11/2004 10:58 PM Approved 8l ,~. 3hdn~ Cox. PE. S~nior Project ~~Jnager Data ,J'..:blic 'J~:Jitics ,~'Ibfic IJtilitics Engineering 7 12: 2004 12:07 PM Appr."ed III J:-H;k "IV~rt Tourism Dir~ctor Delta ,:oumy .""3nagcr'::; Cffitc T:lOJr<;im Devclopment Council 711~12004 3:56 AM Appro,ed III J:Hr:es 'N. i)~LHlY Public Utilities .Administrator 8~Jta .::)'.Iblic ijtilities P'Jblic Utilities Administration 7/15,20043:23 PM Approwd 8J ;:>':It !...~hnhi-lrd 1.drninl,;tn:ttivH Assistant DC:lte .::~ljn!Y .Vla.na']cr'':i :'f'ico Office )f ilJ1an.3(jcment &. 8ud(Jct 7.' 15;~004 4: 12 ,'M Appr",ed Bl \brk Isackson 3udgt-tt Anaiyst ~'ite ,:oumy JVlanagcr's Office 'Jrficc of .'o1anagomcnt & Budget 7,'15120044:33 PM Appro,-ed III '"Iichael 3rn'{~()wski ~Jl;:Inl:lg+Hnent .~ BudgHt Oiredor OatH '::':0unty ,\"anagcr's Office O"ficc 0f :\I1anagcment &. Budget 7116120043:32 AM Appr,,,.ed 8l j;:Imes V. Mudd Count'l tlo'liml:lger uate 30ard of County Commissioners County Manager's Office ~"0/2004 3: 10 PM Approved III Thomas Wides OperOltions Director Dc.l.te Public Utilities P1.Jblic Utilities Operations 7131200412:58 PM Approved Bl Charles c. C<urington, Jr., SRI WA Real Estate Services Manager Dato Administrative 3erJic;es F:..Jcilities Management ~'9/2004 11 :40 AM Approved Ily Ron :-lovcl! Special Projects Manager Datc ,:.l!Jblic U :ilitiHs :J1Jhlic Utilities Engineering ')'2004 12:53 PM \ppro..d Ily 3x.ip C.-:nnp. C,;::}J). ,-=l(:ililil-:!:i :vlanClgernent Dirl-:!ctor u~te 1urninistrati'lH 3..,.r'lic~s -=lcililil-:!S ManClyernent ")'201l4 11Ii! PM Agenda Item No, 16C10 July 27, 2004 Page 3 of 7 RESOLUTION NO. 2004-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF "TEMPORARY BEACH RESTORATlON EASEMENTS" BY GIrT IN SUPPORT OF THE llvIPROVEMENTS NECESSARY FOR THE COMPl.ETION OF THE COLLIER COUNTY BEACH RESTORATION PROJECT AND THE ASSOCIATED MANAGEt-.IENT PLAN, PROJECT NUMBER 90527. WHEREAS. th~ Board of County Commissioners approved a Professional Engineering Scrvices Agreement WIth COJst<l1 Planning and Engineenng, Inc. to provide professional engineering services necessary for the completion of the Collier County Beach Restoration and Management Plan; and WHEREAS, the criteria for deSlgl). and construction of the Collier County Beach Restoration and ManagemerH Pbn proVIdes tor compliance with provisions in the Coastal Zu',e Element of the Growth Management PI<ln; anll WHEREAS, the beach renourishment improvements shall affect the majority of the Gulf shoreline commen.::ing at Vanderbilt Beach located in Section 29, Township 48 South, Range 25 East, and proceed south along the Gulf-front beach of Pelican Bay lo.::ated in Section 5, Township 49 South. Range 25 East (herelnafter referred to as the "Project"); and WHERES, [he restoration project will be extending the width of the upland beach area, by collecting clean heach sand from offshore areas and placing it along the shorelme; and WHERE..\.S, the majonty of [he Project's construction wi II occur on land owned by the State of Flonda (seaward of the mean high water line or the erosion control line); however, the land located Llr,dw<tnJ of [I,e mean high water line or erosion control line is owned by indivldual beachfront propel1y owners; and WHEREAS, III order to ensure placement of sand landward of the mean high water line or erosion control line, the Board of County CommiSSIOners requires the conveyance from the individual bea.::hfront property owners of "Temporary Beach Restoration Easements" to cover only the areas which are seaward of e",istmg seawalls, revelments or beach vegetation line to allow the County's contra.::wr to place sand on the area between the mean high water line or erosIOn control line and the seawalls, revetments or vegetation lines; anll WHEREAS. the Board of County Commissioners recognizes that the expeditious acquisition of lile reqUired "Temporary Beach Restorallon Easements," which shall tellninate on December 31, 2025 is of Impmlance In order 10 utillL<: [he c"sement ,Ire"s )\g~~Cfalhe~ ~iOl.tar~C1~ beach July 27,2004 Page 4 of7 and shoreline by filling with compatible sand, planting and maintaining native dune vegetalJon, as well as providing additional erosion and storm surge protection for the beach front residences, condominiums and hotels; and WHEREAS. the Board of County Commissioners recognizes the mutual beneficial results of a renourished beach and anticipates the construction to begin in the Fall of 2004; however, in the event that a beach front property owner does not timely donate the required "Temporary Beach Restoration Easement," there will be no placement of sand on privately-owned properties which have not been donated to Collier County for the Collier County Beach Restoration Project; and WHEREAS, the Board of County Commissioners authorizes the utilization of County-owned and/or maintaIned beach access pOInts to afford Ingress and egress of equipment and supplies necessary for the construction and maintenance of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY cmilMISSIONERS Of COLLIER COUNTY, FLORIDA, that: 1. The beach restoration and maintenance improvements, indude, but are not limited to, the enlargement and maintenance of the beach and shoreline by filling with compatible sand, the planting and maintenance of native vegetation, the storage and removal of equipment and supplies, and the erection and removal of temporary structures necessary and incident to the consltuction of the Project, as Identified in Exhibit "A", <1lwched hereto and Incorporated herein, 10cateJ along the Gulf-front beaches between Vanderbilt Beach and Pelican Bay. 2. The Board of County Commissioners recognizes the importance of the land rights acquisition function and its relationship to the overall project schedule; and the Board desires Staff to facilitate and expedite the land rights acquisition process. 3, Staff is hereby authorized to acquire "Temporary Beach Restoration Easements" from the affected property owners by gift only, 4, The Board of County Commissioners hereby authorizes its present Chairman and any subsequent Chairman, for the life of the project, to execute any Instruments, which have been approved by the Office of the County Attorney, for any purpose as required for the acquisitiun or the .::ascments or any other documents necessary for the completion of the Project. 2 Agenda Item No, 16C10 July 27, 2004 Page 5 of 7 _L ... 5. All title to "Temporary Beach Restoration Easements" obtained In the manner described above shall be deemed "accepted" by the Board of County Commissioners, the governing body of Collier County, Florida, a political subdivision of the State of Florida, and staff is hereby authorized to record in the Public Records of Collier County, Florida, said 'Temporary Beach RestoratllJn Easements" and such other instruments as may be required for the acquisition of the easements and to perform any other work necessary and incident to the construction of the Collier County Beach Restoration Project. 6, The Board of County Commissioners hereby authorizes the utilization of County-owned and/or maintained beach access points to afford ingress and egress of equipment and suppl1es necessary to the construction and the mamtenance of the Project. 7. The Board of County Commi~sioners directs Staff not to place sand on privately-owned properties in the event the propeny owner(s) do not donate in a timely manner, the "Temporary Beach Restoration Easements" to Collier County necessary for the completion of the Collier County Be;Jch Reswration ProJect. This Resolution adopted on thiS ____ day of , 2004, after motion, second and majority vote, A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, By: DONNA FIALA, CHAIRMAN Approved as to fonn and legal sufficienc y: JJArLj f i'-- Heidi F. A,hton Assistant County Attorney Agenda Item No, 16C10 July 27, 2004 Page 6 of 7 . :~--~----"'--- EXHIBIT "A" w+. .s Foot 3,<aJ COlliER COUNTY BEACH RENOURISHMENT Vanderbilt and Pelican Bay Beaches Legend ProJectBoljnjanes Beach Hotels and Resor'.: Condos =:J Publicly-Owned Property FDEP Cnt!cal ErOSion ,ll,rea <al gro ',7q) 2111O 1 inch .quoits '.~981e.t AU p.reel dA:" (li"'lflS, 'ot~ rneslJlilmltnts, etc.) oind ........m..gery ,It "'",,ided by the Co'lar Covntv Property ~prit."'.ltlIho is 5ott;,r r~ponslb,e for th... 3CClJr ~ oind currancy Lig..1 D6elli.mer ThtlnfOrm.rtJon contlr.*d ontrus rrip Ii notto b. :o~d 01 used .. .J ~1@q..1 dIl!$Cr'ptl~r..' Map Inform.Jiion is: b.li....d tl b4I .1ool..ll';;:, but Jccur JCV is not Q<Jd ~..nt..d. f'lI no went AHI1 C ~ier Co..-v bfl liable 'or arrv 1ii1mages, Includl'lg tau ,)I: d.iI:.I, :ost ;)rot., :U'IO.S lft.rvp<30r\, 'css "Jtbl.l$ln~J :ntorm.rtion ~r oth., OICU"i.a!'tf Iou tl.1l: migtd.arli:. "rom Uu i,li. ot t.... mlip Of the lntorma"M it ;:orUins .- EXECUTIVE SUlVllVlARY Recommendation to approve a change to a work order, under contract # 01-3271, Fixed Term Professional Engineering Services Cor Coastal Zone Management Projects, with Coastal Planning & Engineering Inc., Cor Work Order CPE-FT-03-08, Permit Comment and Response, Project 90527, Cor an additional $30,000. OBJECTIVE: To obtain Board of County Commissioners approval to change Work Order CPE-FT-03-08 with Coastal P1:mning & Engineering Inc. for the Collier County/City of Naples Major Beach Rcnourishment Design for an additional $30,000, to continue the scope of work titled "Permit Comment and Response Phase", CONSIDERATIONS: On December 16. 2003 the BCC approved Agenda Item 16 C 11, the Major Beach Renourishment Project Work Order CPE-FT-03-08: Permit Comment and Response Phase. A pun.:hase order was issued to Coastal Planning & Engineering, Inc. for $IOO,DOO to respond Lo additional information requests from the Florida Department of Environmental Protection (FDEP) that take place as a result of seeking a permit to perform beach renourishment. The scope indudcs tield investigations and material or data collection, laboratory analysis, and preparing drawings, reports, and other visual aids necessary to adequately respond to the FDEP requests, - The subject work order consists of a Lime and materials task to continue with the aforementioned crforts to provide additional information to FDEP, The OIiginal estimate has bcen exceeded due to receipt of a third request for additional information (RAn on July 8, 2004. The additional funds rcquested are $30,(XX>. and this will be change order #2 to the work ordcr. Change Work Order #1 did not involve a change to thc original fee. Thc Coastal Advisory Committee (CAe) recommendcd approval of this additional work at their meeting on July 16. 2004, Thc Tourist Development Council is scheduled to hold a meeting on Septembcr 27. 2004 at which timc Lhcy will bc updated on Lhe additional RAI and scope added to CPE-FT-03-08, FISCAL L'\1P ACT: The sOW'cc of funds IS the TOUl;st Dcvelopment Tax and funds are available in the project budget. GROWTH MANAGEMENT IJ.,,",ACT: Thcre is no impact to the Growth Management Plan relatcd to this action. RECO~IENDA TION: That the Board of County Commissioners approve a $30,000 change Lo a work order with Coastal Planning & Enginecring Inc. for thc Major Bcach Renourishment project and authorize the Public Utilitics Division Administrator to execute the change to the work order. ,,-... Agenda Item No. 16C11 July 27,2004 Page 1 of 7 COLLIER COUl\TY BOARD OF COUNTY COMMISSIONERS Item Number '6C11 Item Summary Recommendation to approve a cnange to a 'Nor~ order, under contract # 01- 3271 F:xed Term Profess,ona: Englnee':ng Services ior Coastal Zone ~,'anagement PrOJects, w,th Coastal planning & Engineering lnc, for Work Order CPEFT-03-08, Permit Comment and Response Project 90527. for an ,3dd!t:onal S30,000 Meeting Date 7 272004 900:00 AM Pr~pared By R. Shane Cox, P,E. Senior Project Manager 7/16/200411:12:50 AM Pcoblic Utilities ?ublic Utilities Engineering Appr(J\~d By '<on Hoveil Special ?rojects Manager Date ,.:J'.ifjjj-.; :Jhljtio~ ,)'julis iJtiJitios El1ginl~oring 7:16:20041118 AM Appr",'~d By ~:.J'j .-) .\Ilderson, ~_t:, ;)'.Jblic Utilities .-:ngirwering I)trodor Oato :);Jbij~ 'Jtilitios ,)r~lbIIC Utditws '-:ngirworing 7.'16:2004 110 :'M Apprn~.~d By r:,omas liVid!):; OfJ(lrations Oiredor I)ato ?ublic Utilities ;:>ublic Utilities Operation.; 7/1 G/20041 :53 PM Appr()v~d By '-;r~d.) ;,JCX30n -:Oiltr]cts A!1ent Date ':"'c1ministr.Jti'.le Services ?'Jr.-::hJsing 7I1,3i2004 2:19 PM Appr()v~d By J'e'/e ,:arnell PurchasingiGeneral S'/C3 Director Date ;\umljil:...tr::ttivo Serviens :)ufchasing 7'16/20042:45 PM Apprm'ed By James W, DeLony Public Utilities Administrator Date ,J'..Jblit; Utilitios ;-Jublic Utilities Administration 7'16/20043:56 PM Apprm.~d By :'at L()hnhard Auministrativo Assi:-;tant Date County Managnr', Office Offico of Management & Budgnt 7116/20044:03 PM Approved By Mark I,ackson Budgnt Analyst Date County Manager's Office Office of Management ~ Budget 7/191200412:39 PM Appro\~d By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management ~ Budget 7/19/20045:05 PM Approv~d By James V. Mudd Count.y Manager Date 30ard of County .: :.)iTlrnls':-;lonon; :.JUI',ty v~andger'~; Offit;n 7'13/20045:09,'>M Agenda Item No. 16C11 July 27, 2004 Page 2 of 7 CHANGE ORDER #2 TO WORKORDER CPE-FT-03-08 TO: C\);1stal Planning & Engineeling, fnc FROM: Cullier County PLED 2.:1-:-{ I 1\\V Buca Raton Blvd JJO] E. Tamiami Trail, Bldg. "H'" Boca Raton, FL :\aplcs, FL 34 I 12 Projel't ~arnc: \-Jajor Beach Renounshmcnt Project ~o. 90527 Task: Sand Search/ Permit Comment and Response Work Oruer: (12/16103 BCC Agenua [tern 16.C.] 1) Work Order No. CPE-FT-03-08 Change Oruer :'-io,2 Date: 7/27/04 Change Order Description: Thi'i change onler is tu auu $30,000, "vhich is availahle from the TOUlist Development Tax Funu (90527). f\)r rC'iponding to a third I\.'quest for additional information from the Flmida Department of Environmental Protection, Origi nal agreement amount ...................,.............................................,.. S 100,000 This Change Order No, I Amount (add or subtract)................................ )JO.OOO Revised Agree/nellt AIIIOllllt ........... ....... ....... ....... .............. ........ ....... ...... $130.000 Original con lractti me in calendar days ................,................................... Adjusted number of c~.lIendar days uue to previous change orders..... ,.,....,.,.,.". TIlis change order adjusled time is........ .....,...... ............... ............... ....... ..IlO change Revised Contract Time in working days, , . , , , . , . " . . , . , , , . , , , . . , , , , , . . , , . , . . . , , , , , . , . , ., Original Notice to Proceed dale ...................,......... ........ ................... Completion date based on original contrJcttime................................ Revised completion date due to change order(s).....................,.......... Your ;1eceptance of this change order shall constitute a mfxlification to our Agreement and will be perfonned subject to all the same tenllS and conditions as contained in said Agreement indicated above, as fully as if the same were repeated in this acceptance, The adjustment, to this Agreement shall constitute a full and linal settlement of any and all claims arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: R. Shanc Cox, PE, Sr ProjcctlVlanager Public Utilities Engineering Department Reviewed by: Ronald P. Hovcl!, PE, Principal Project Manager Public L:tilities Engineering Department Date: Reviewed by: Roy B, Anderson, PE Public Ctilities Departlllent Director Date: Reviewed hy: Steven y, Camell Purchasing Depl Director Date: Agenda Item No, 16C11 July 27, 2004 Page 3 of 7 Change Order No. 1 Page .; Approved by: James W, DcLony Public Utilities Administrator Al'cepted by: Finn Signature Coastal Planning & Engineering Inc Dale: Date: Agenda Item No, 16C11 July 27, 2004 Page 4 of 7 CONTRACT MODIFICATION CHECK LIST CONSTRUCTION AND CONSULTANT AGREEMENTS CHANGE ORDERS, SUPPLEMENTAL AGREEMENTS, AMENDMENTS AND CHANGES TO WORK ORDERS PROJECT MANAGER REVIEW 1, Document circumstances prompting the change(s) request by". a, Identifying who initiated the change request b. Identifying the nature of the change 2. Analyze the change request to determine: a. The hard and soft costs of the change and the appropriateness of each b. The benefits of the change c. The impact(s) of the change on the project d, The impact of the change on the overall success/failure of the project 3, If the change is deemed justified, review the original contract to determine or verify", a, Whether the change is consistent with existing project scope b. The existing terms and conditions (e.g,; price and schedule) c, That the proposed change is not included within the existing scope d. The protocol for authorizing changes to the agreement 4, Document the analysis of and the justification(s) for the change, 5. Obtain preliminary review and input from one of more of the following: a, Other project managers b. Immediate supervisor c, Appropriate 3rd party consultants d, Purchasing and Contracts Agent e, County Attorney Office f, Risk Management Department g, Other County departments materially impacted by the change, 6. Certify the appropriateness of the change based on the information gathered in steps 1-5. 7, If the change is not deemed justified, notify the appropriate parties and include the documentation gathered to date in the project file, 8. If the change is deemed justified, identify the appropriate contract instrument (Change Order, Amendment, Work Orders or Supplemental Agreement). 9, Prepare and process the change document in accordance with". a, The terms and conditions of the existing agreement b, The County's Contract Administration Procedures. c, Submit packet, with back up documentation to Purchasing for review Form Retrieved From: I/Forms/County Forms/Purchasing Forms/Contract Modification Checklist Revised HI22/03 Agenda Item No. 16C11 July 27, 2004 Page 5 of 7 ~- CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Major Beach Renourishment PROJECT #: 90527 BID/RFP #: 01-3271 MOD#: 2 AMOUNT OF THIS CHANGE $ 30.000 POI: 4500023850 Work Order #: CPE-FT-03-08 CURRENT $ 130.000 (INCLUDING THIS CHANGE ORDER) CONTRACT AMOUNT: ORIGINAL $ 100.000 (STARTING POINl) last BCC Approved Amount $ 100.000 (LAST TOTAL AUT. REQUIRING BCC APPROVAL) Date of last BCC Approval 12/16/03 Agenda Item # 16,C,11 Percentage of the change over/under current contract amount 30 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the chanae exceeds 10% BCC approval is required; under 10% reported to BCC on Purch::ising report. CURRENT COMPLETION DATE (S): ORIGINAL: UNCHANGED CURRENT: SUMMARY OF PROPOSED CHANGE (S): add $30.000 to budaet to complete responses to permit reviewer's auestions ("Reauests for Additional Information") Executive Summary will be presented to BCC for this chanae JUSTIFICATION FOR CHANGE (S): A third RAI has been received and original budQet for this work order has been exhausted, PARTIES CONTACTED REGARDING THE CHANGE: Special Proiects Supervisor. Director. purchasing agent IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) l Proposed change is consistent with the scope of the existing agreement -1L Proposed change is in fact an addition or deletion to the existing scope l Change is being implemented in a manner consistent with the existing agreement l The appropriate parties have been consulted regarding the change l Proposed prices. fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: R.S, COX DISAPPROVE: COMMENTS: Date: 4/1/04 Date: Revised ~/22/O3 Agenda Item No. 16C 11 July 27,2004 Page 6 of 7 RESPOfGE TO FOEP REQUEST FOR INFORMAl1ON n COlUER COUNTY RENOURlSHMENT PROJECT TUll: FlAI t3 T.,.ll: :l"-pa'Jl~'O' ;:n=PII.'ccJ"9. =:'="II.~OOtrlg. __ ___ ~'"u.re ~Al ReiOOl'15oe :'-cp.viJ""'~~'lo..-"'!I.p'a".__ :.::-<Jfc:,r<!,o \AlL..g"10f1 ;>>",,, ..J'illI c:re)Of'S_' .0:.11 ".l[e '_.I0J '::os~ J~OCI C:>-s1 r~:al ...aboc ~c>$L T":"'~""IC:>$1 Tcol"COSl ;>.....c.pJl Ha"rSI ::>'",.xl \~..~qo.r ""'~ EN:l"''OQ'" " 515400 ;Z51d H ~o s.:~JOO 582~ ).5 :)4~5 ~ OS2 ,26'::24 S',oa SZ7,332 €n~II€1"lQ11'lCO"1 :Hol.lr$l .~'Sl :1-_ 10-- L..bor CoItU Guoloq..l Senor "-tanne B'OOloqall ""'~ -" 5...'0001 CAOD CAOD OOSUll'lOf Oc<Joqf'Cl' 'Ha,,'SI , S:Z~ ;0 " ~:2 00 $10300 :;e1:xl 5216 5123& 55J.16 J S5 2 S~, 00 5:2:lO 55' 00 52J7' 5-l~ $102 JO ". UnItCh"9" ASSlIIanI Io1CL1UI Clcn~ I.....~.. \HQ.IS.I ~: c. AKr.~ >,Aoal. __l.__~ JIS _--=-1li--=_~S ---=-==-~_ ____ _~ .2~-________QX~___ _::::~---~ -----=. :::.=~=------==---::::: 10 I :>41 DO I 5a.J 10 '>4'0, S8..t 5!M5 50" ;." m 5-i~OO ~: Agenda Item No, 16C11 July 27,2004 Page 7 of 7 EXECUTIVE SUl\tIl\'IARY .- Recommendation to approve Amendment 2 to Work Order CDM-FT-03-02 under Contract #00-3119 for engineering services related to adding one new public water supply well (Well 33) to the Tamiami Wellfield at a cost amount not to exceed $52,286; Project 70158. OBJECTIVE: To increase the reliability of the existing Tamiami Wellfield by adding one new well. CONSIDERATIONS: The intent is to add a new well (Well 33) in time to help meet demand during next peak season. The proposed scope of work is consistent with the 2003 Update to the Water Master Plan as adopted by the Board on May 25,2004 as Agenda Item 10 0, because amending this work order will further the process to replace one Tamiami well per year to increase system reliability, No replacement wells were constructed in FY 03. Well 33 will directly replace an existing well that failed in FY 02 because of detetiorating water quality. Well 33 is scheduled Cor completion by December, 2004. The need for additional water supply wells remains cl;tical to maintaining a reliable public water supply. - The Board approved Work Order CDM-FT-03-02 to Camp Dresser & McKee, Inc. (COM) on September 23, 2003. Agenda Item 16C5 in an amount not to exceed $113,893 for engineering services to add one new public water supply well, Well 33, to the Tamiami Wellfield. Amendment 1 to this Work Order, handled administratively. added $10,653 for additional engineering needed for a County requested change in well design from vault structure to a well house structure to enhance security, reliability, aesthetics and maintainability. The proposed Amendment 2 is for additional permitting services that were not identified as part of the original scope of work. The original scope stated that staff would obtain the needed local permits. A County Site Development Plan is considered a local permit. The additional permitting services requested include an application for a County Site Development Plan. The original scope was also based on the new well being placed on an upland site (Le., no wetlands) requiring a no-notice permit from the SFWMD. Subsequently, it was determined that a SFWMD Environmental Resource Permit would be required due to the permitting agency request. Staff has requested CDM assistance on the Site Development Plan and the Environmental Resource Permit. "..- During the preliminary design, field surveying discovered that there was inadequate depth of soil material covct;ng the existing raw water main on 7lh Street SW. Based on a review of <.:orre<.:tive action alternatives, staff recommended relocating the raw water main. The original scope of work did not include relocating the existing raw water main on 7lh Street SW, In the interest of expediting the well project without delay, staff authorized additional surveying and engineeting design to rclo<.:ate the existing raw water main in the amount of $3.500 to be provided under the exi'\ting Task E Additional Services on April 13, 2004. The Agenda Item No. 16C12 July 27,2004 Page 1 of 7 Executive Summary Amend Work Order CDM-FT-03-02 Page 2 proposed Amendment 2 indudes additional permitting associated with the relocated raw watcr main consisting of applications for an FDEP conslrUction permit and a County Right- of-Way permit. An estimate of the proposed fees by task is summarized in the attached Amendment 2 Work Order. The scope of work is consistent with the intent of the Fixed-Term Utility Engineering Services Contract # 00-3119. The proposed method of compensation will be lump sum for facility/site planning design and calculations, and time and reimhursahle expenses with an upper limit cost-not-to-exceed for permitting services. The additional scope and fees will be added to the existing Task A.2 Final Design. The proposed compcnsation method is appropriate given the potential need to <tdJust quantities and be l1cxiblc to auapt to changing or unforeseen conuitions. Stan' has Jctcrmineu the fees to be fair anu reasonable given the level of complexity and order of magnitude of this project. A proposed Contract Modiril:ation Checklist is attached. .,.-,' In accordance with the American Sodety of Civil Engineers Manual of Pral:tice No. 45, the typical total engineering fee for projects with an estimated construction cost of $500,000 is hetween l6 and 24 percent of construction cost for new construction. The proposed total fee of $176,X32 results in a ratio that is greater than the referenced guideline. Engineeling \:Osts are high compared to the estimateu construction cost because the work requires effort by hydro-geolo,b>ists for well drilling anu environmental specialists for wetlands permitting. FISCAL IMPACT: Funds in the amount or $52,286 are available for this project. The intent of the proposed work is consistent with the Water Capital Budget funds buugeted for FY 04 for Project 70158, Lower Tamiami Well Replacement Program, as approved by the Board on September 18,2003. SOUf(,;e of funds is Water User Fees (412). GROWTH MANAGEMENT IMPACT: TIlere is no impa(,;t on growth management rclated to this projc(,;t. RECOl\'IMENDA TIONS: That thc Board of County Commissioners, as the Ex-officio Goveming Board of the Collier County Water-Sewer District, approve and authorize the Publil: Utilities Engineering Dirc(,;tor to exel:Ute Amendment 2 to Work Order CDM-FT-03- 02 related to the Lowcr Tamiami Well Repla(,;ement Program, up to an amount not-to-cxceed $52.286 for Project 70158. .....--. Agenda Item No, 16C12 July 27,2004 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number '6C2 Item Summary Recommendation to approve Amendment 2 to 'Nark Order CDM-FT-03-02 under Contract #00-3119 for englneenng serVices related to adding one new pUOllC water supp'y we:1 (iJVell 33) to ,he -am'am, Welifield at a cost amount not to exceed 552286; Pro:ect 70158. Meeting Date 727'20049.0000 AM Prepared By Karen B. Guliani. PE. Soniar Project Manager 7f6/2004 2:35.51 PM Public Utilities Public Utilities Engineering Appro\'ed By ~oy 3. Anderson. P .E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 7/11/200411 :07 PM Approv~d By "omela Libby 'tvater Operotions Manager Dote ,-'ublic Utilities 'Nator T'1212004 1 :11 PM Appr()v~d By 3tc\lc Carnell "JurchasingiGoncral Svcs Director Date \dministrative Serviens :)urchaslIlg 7'131200410:26 AM Appr()wd By :;10mas iNides C>:'wrations Director 'Jato ?ublic ~ti]jties ':>'Iblic Utilities Operations 7fH/2004 9:20 PM Appr()v~d By James "N. (JoLony PubliG Utilities Administrator Oato ,~1jb!ic Utilities ?rJbiic Utilities Administration 7i1512004 3:26 PM Appru\'~d By ,~ot Lehnhard -,dminislrative Assistant Date Gounty Manager's Office Office "f Management & 3ud get 7/15120044:20 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Offico of Management & Budget 711 n/2004 10:50 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7!1 n/2004 11 :06 AM Approved By Jamos V Mudd County Managor Date Soard of Cou nty Commissioners County Manager's Office 7i2012004 10:00 AM Appr()v~d By LVn Wood Purchasing Agent wate :\dministrativo 3'~r"jCOSi l~u[ch;Jsing 7312004201 PM Apprnv~d By .=>]'.jl V1.:lttausch Water Dir9Clor Date )'....Ioiic ~Jtilitjos \N;it(~r 7 n'2004 2:48 PM Agenda Item No. 16C12 July 27, 2004 Page 3 of 7 AMENDMENT 2 TO WORK ORDER #CDM-FT-03-02 Agreement for Fixed Term Utilities Engineering Services Contract #00-3119 Dated April 10,2001 This Work Order is for professional engineering services for work known as: Project: Goldeu Gate Wellfield Reliability Improvements - Additional Production Well 33 The work is specified in the proposal dated July 2. 2004, which is attached hereto and made a part of this Work Order, In accordance with the Terms and Conditions of the Agreement referenced above. Work Order ItCDM-03-02 is assigned to Camp, Dresser, & McKee, Inc. Scooe of Work: Provide services associated with the installation of an additional well in the Goldeo Gate wellfield for wellfield reliability improvements, to include permitting with the applicable government agencies, preliminary and final design of the proposed additional infrastructure improvements, bid services, construction administration services, construction observation services, and additional services that may arise during the course of the proJect. Provide additional services for Well 33 that include; changing from a well vault to a well house, providing additional bidding services for negotiating with several contractors, and preparing and coordinating additional easements 011 County owned property. Provide additional ..rvj.es for Well 33 for additional permiltinll requirements not included in tbe original scope, The permitting services are for tbe Collier County Site Development Plan, Rigbt of Way Permit. and SFWMD Environmental Resour.e General Permit. Schedule of Work; Complete work within 24 weeks from receipt of the Notice to Proceed authorizing start of work. Comoensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement), Services Original Amendment Propo sed Amended Compensation No. I Total Fee Task A Well 33 Design, Permitting, and Outside $ 3 5,844 $8,685 S 6,600 $51,129 lump sum Professionals /' Task A Well 33 D..illO, ..~ ~ 4 S;-, ("li'(o__" 'time sod Permitting, and Outside $0 $0 . 6 ~ materials Profe..iooals Task B Well 33 Construction Bid $1,697 $1.968 SO $ 3,665 lump sum Services Task C Construction $42,886 SO SO $42,886 lump sum AdmInistration Task D Construction Observation $18,466 $0 SO S 18,466 time and materials Task E Additional Services $15,000 $0 SO $15,000 time and materials Total $113,893 $10,653 .;- ~ ~ ~2.,~" -tl \^-' ~~2.L~ An chan e within monetar authority of this Work Order made subse uent to fina' e ar ent a roval y g y q p pp will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: 1/ y,..tJf ~ arl, Boyer, P.E. ,oED P . cipa APPROVED BY: ~ 1.' ~1 Stephen Y. Carnell, Purchasing Director AUTHORIZED BY: @k.qf-d~ PaUl Mil"ttausch, Water Director eel Manager Date ~ Date ;~~/N- Date APPROVED BY: Roy B, Anderson, P.E., Utilities Engineering Director Date ACCEPTED BY; Date: 7-7- 07', W71s1!:) ~'-:J ~ ':Z:-, ,c~?:~"'"" By; u:~&t~iate Camp Dresser & McKk\gelada Item No. 16C12 July 27, 2004 Page 4 of 7 Fund: PrOject Number" Amendment No.2 to Work Order CDM-Ff'{)3-02 Golden Gate Wellfield Reliability Improvements Well No. 33 July 2, 2004 AMENDED SCOPE OF ENGINEERLNG SER VICES INTRODUCTION The Golden Gate welllield consists of 32 pnxluction wells tapping the Lower Tamiami Aquifer in the Golden Gale ESlates area. The welllield is the source of raw water for soflening treallnenL at the North Coumy Regional Water Treatment Plant (NCRWTP) and South County Regional Water Treatment Plant (SCRWTP), Average and maximum daily withdrawal anlounts of 18.82 MGD and 31.77 MGD, respectively. are authorized from this source under South Rorida Water Management District (SFWNJD) \-vater use pemlits No. I 1-00249- W. The design and pennining ['or the installation of one new production well No, 33 to increase the reliability of the wellrield is currently underway. Since the original work order for well No, 33 wa'i issued, the County requested additional services related to engineering, pennilling and design of the pipeline connection on 7'h Street SW as well as additional pennitting for the well that was not part of the original scope. 11le engineering and surveying for 7'" Street SW was approved as part the additional services on April 13,2004, This scope includes lhe servil'es lor the pennitling work associated with the connection on 71" streel SW, The County has also requestcd that the Consultant obtain and assist in obtaining the Collicr County Site Development Plan pennit and supporting pennits such as the right of way penllit and the SFWMD Environmenlal Rcsource Pennit (ERP) for the well site. A. PROCURE:'vIENT, DESIGN AND PER:'vUTTING A.2 Final Design Permitting and Agency Coordination -The original cope included thalthe construction pennit applications or modification applications will be prepared and submitted to the following agencies on behalf of the County: 9 Coltier COUnLy Building Department (Assist contractor with obtaining required penniLS) 9 Florida Department of Environmental Protection ~ South Florida Water Management District (Watcr use pennit modilication) 9 Well Construction Site Inspection This task did not include a Site Development Plan pre-application meeting, pennit application and the reviews and permit submiuals required to support the pennit. In addition to the originally identitied pennits for construction, the SDP requires a no notice, waiver or the Environmental Resource Pemlit (ERP) from the South Rorida Water Management Districl (SFWMD). This is a Collier County utility project, however, and SFWMD would nonnally defer to the FDEP for ERP pennit applications. Further clarification revealed that the SFWMD is responsible for the ERP application review for County welt projects. 111is scope includes the submittal for the SFWMD ERP, The County will pay all pemlit application fees. The pcnnitting breakdown of activities is as foltows: A.2.1 General Pennitting Services During the course of permitting, dcsign, and construction, Consultant shall provide general consultation to the County including attendance at the SDP pre-application mecting, Agenda Item No, 16C12 July 27, 2004 Page 5 of 7 Page I 0 I' .2 Collier County Golden Gate Welllield Reliability Improvements Well No, 33 Amendment 1 February 16, 2004 COM Missimer A.2.2 SFWMD ERP General Pcnllit Consultant will prepare and submit applications for the County to obtain a SFWMO ERP pemlil. A,2,3 Facility/Site Planning Services Consultant shall research and review other pertinent pemliL~ and calculations applicable to this project. such as lhe existing SOP. ConsulLalll shall coordinate between Landscaping and Planning design consulLanL<; for facility planning and coordination. Consultant shall review pennitted surface water management hydraulic calculations ancVor lkxxl routing calculations in relationship to site plan. A.2.-l- Final Design and Pennit Application Services Site Development Plans Assist the County in the SDP penllitting process by preparing complete SDP pennit application fonl1S (two rcquircd), CDmplctc and provide the following: SDP plans showing infonnation required by Collier Coumy. Landscape plans based on the use of native vegetation. Although Collier County requires in the installation of an irrigation system. it is assumed that requiring the site contractor to irrigatc the code required landscaping during construction will establish the native vegetation to a point not requiring irrigation, Conduct a lield invcstigation and prcpare vegetation mapping using the Rorida Land Use, Cover and Fonns Classilication Systcm (FLUCCS) and preliminary wetlands mapping for the site based on existing inlonnation, aerial photo interpretation, and limited site observations. Detemline the approximate extent of vegetation associations constituting "native vegetation" to assist site planning activities related to Collier County 'J~llive vegetation preservation requirements, Prepare a letter report outlining the results nf the investigation. Prepare Collier County right-of-way pemliL applications for driveway access to wells and the pipeline crossing for 7rh street SW. Assemble required number of copies required for review by Collier COUI1ly Development Services Department A.2.5 Pennit Application Support Services Provide pcnnilling support services for the Collier County SOP, SFWMD ERP, and Collier County Right-of Way penllit applications, This scope of service asswnes up LO one response for additional infomlation for each application. B. CO.\IPE:-.JSA TION TIle Consultant will he compens:ued 552,016 for the amended work perfonncd under Tasks A on a Lump Sum, and Time and Malerials basis. There are no additional amendmenls lo the scope of work raci"BEB9 t,~"d,2C.2"..c4 Page 2 0 f 2 Agenda Item No. 16C12 July 27, 2004 Page 6 of 7 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Replace Lower Tamlaml Wells PROJECT #: 701581 BID/RFP #: 00-3119 BCC approval April 10, 2001, Agenda Item 16.C.9. ti 0 MOD II: Amendment 2 to wo# CDM-FT -03-02 AMOUNT OF THIS CHANGE ~ 'S2-,~, /' :::J PO II: 4500016083 Work Order #: CDM-FT -03-02 CONTRACT AMOUNT: ORIGINAL $ 113,893 (STARTING POINT) Last BCC Approved Amount $ 113,893 (LAST TOTAL AMT. REQUIRING Bee APPROVAL) Date of Last BCC Approval 9/23/03 Agenda Item # 16.C.5 55.3 "l6 _ gr Percentage of the change over/under current contract amount ~ Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. ~ ,r? CURRENT $ 1 Ii ~ 8'32.. (INCI.UDlNG THIS ANGE ORDeR) t CURRENT COMPLETION DATE (8): ORIGINAL: CURRENT: 24 weeks from Notice to oroceed SUMMARY OF PROPOSED CHANGE (S): Provide engineering services associated with final design and Installation of Well #33 JUSTIFICATION FOR CHANGE (S): Additional services are needed to support installation of well #33 for permitting and outside professional services. PARTIES CONTACTED REGARDING THE CHANGE: Amendment 2 to Work Order # CDM-FT-03-02 approved by PUED Senior Project Manager, Purchasing, Water Director and PUED Director. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NlA) X Proposed change is consistent with the scope of the existing agreement X Proposed change is in fact an addition or deletion to the existing scope x Change is being implemented in a manner consistent with the existing agreement X The appropriate parties have been consulted regarding the change X Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: All APPROVE: Karen B. Guliani PUED Senior Project Manager Date: 7/8/04 .,.."... DISAPPROVE: Date: COMMENTS: Re vised 8/22/03 Agenda Item No. 16C12 July 27, 2004 Page 7 of 7 - EXECUTIVE SUMMARY Recommendation to award Bid No. 04-3592 - "Collection Agency Services for Collier County Utility Billing & Customer Service" to the three (3) bidders with the lowest collection rate at an estimated annual cost of approximately $50,000. OBJECTIVE: To have available a contract for continuing collection agency services for use by all County departments. CONSIDERATIONS: . On October 29, 2003, Purchasing requested bids for collection agency services. On November 19, 2003, we received five (5) bids with varying collection rates, Conserve Accounts Receivable Management at 17,5%, M.J. Altman at 18%, and Penn Credit Corporation at 18% were deemed by Staff to be the lowest, qualified and responsive bidders. The bid tabulation is attached. Staff has set standards for collection, time accounts and legal action. Legal action cannot be taken by anyone other than Collier County. _. Staff has reviewed the qualifications of each recommended awardee and has determined that each meets the minimum requirements of the bid invitation, The term of the contracts is for a two (2) year period. There is also the availability to renew the contracts for two (2) additional one (1) year periods if all parties agree. Any entities with the Board of County Commissioners agency are able to use these contracts. Contracts will be in the form of a purchase order, FISCAL IMPACT: Any entities within the Board of County Commissioners agency will increase by the amount of any past due accounts less the collection rate. These services will be used by different departments. Each user department will budget funds for specific projects. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners award Bid No. 04- 3592 - "Collection Agency Services for Collier County Utility Billing & Customer Service" to Conserve Accounts Receivable Management as primary, Penn Credit Corporation as secondary and M.J, Altman as tertiary, ~ Agenda Item No, 16C13 July 27, 2004 Page 1 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16C13 Item Summary Recorrmendat;on to award Sid No 04-3592 - "Collection Agency Services for Collier County Utility Billing & Customer Service :0 the three (3) bidders with :he lowest collection ra:e at an estimated annual cost of approximately $50,000. Meeting Date 7'27,:2004900:00 AM Prepared By T<Jrcsa Riesen Revenue Manager 7/9/200411:23:36 AM Public Utilities uses Apprmed By I..jn 'Nood Purchasing Agent Date ,\c:lministr~tlve Services Purchasing 7/12/20049:42 AM Approved By 3tavl3: Carnell ?'Jrchasing/General Svcs Director Date \.jmtnl~tt<=~dive Services P'Jrchasing 7/13/2004 11' 18 AM Approved By i,10mas 'Nidcs Dper1tions Director Date ;:>'_joJic Utiliti9s ?'Jblic Utilities Operations 7/14/20049:15 PM Approved By' ?Jt '-_~I~llilJrd ~;.1rnrnl ,trJtive ,.!l"sistant Dale :UUIlty .~'lanJljer' 3 Offico 'Jliice of ,V1anaqernont & Budqet 715/2004 ~:22 PM Approved By j~anu'J <~I'~ei1waid ,\llanagementlBudget Anaiyst Date Surrl 'of: }unty ::.)nUIL ;~iOn[~rs Jliice of Manaljement & 8udqet 1,15120049:26 AM Approved By Michael Smykowski Management & Budget Director Date CountyVlanager's Office Office of Management & Budget 7/16120049:36 AM Approved By J,,,nes W. DoLony Public Utilities Administrator Date P'Jblic Utilities Public Utilities Administration 7/16/200410:05 AM Approved By James V. "'ludd County Manager Date Board of County C :>rnm i s s i 0 ne rs County Manager's Office 7/16/200412:06 PM Approved By :3'9::la ,~iesen Revenue \Aanager Dale ;J'Joi!c ijtilitics '~8CS 7,~12004 1 14 PM Apprmed By ..john .\. {J'lKOSKY _ tillty li1llng Director lJate ?'_miic ijri:ities 'o.'3CS 7.'9/2004 ~:J2 PM Agenda Item No. 16C13 July 27, 2004 Page 2 of 3 Bid #04-3592 "Corlection Agency Services for Collier County Utility Billing Customer Service" Date Due November 19. 2003 DESCRIPTION Percent Collier County will be charged of monies corlected from uncollectible and non-dellveraole accounts. Prompt Payment Terms Addenda Received Agent Jim Albury Witness Sue Hebbe Valentine & Kebartas 185% nel30 y Project Manager: Teresa Riesen Date Posted: October 29, 2003 MJ Altman 18% nel30 See Bid JNR Adjustment 25% net 30 See Bid Page 1 of 1 Professional Adjustment 20% net 30 y Notices Sent: 44 Packages Received: 6 ConServe Penn Credit 17,5% 18% net 30 net 30 y y Agenda Item No, 16C13 July 27, 2004 Page 3 of 3 c"'-"" EXECUTIVE SUlVlMARY Recommendation to approve Work Order ICTSCADA-REV-04-00l under Contract 04- 3536 to Revere Control Systems for Instrumentation, Controls and Electrical InstaUation Services related to Manatee Road SCADA Upgrade in the amount of $105,330, Project 70124. OBJECTIVE: To improve the reliability and operability of the Water Distribution System by upgrading the instrumentation, controls, rcmotc monitoring, and Supervisory Control and Data Acquisition (SCADA) systems of the Manatee Pump Station, the County's largest control point in the South Water Distribution area. CONSIDERA TIONS:The Water Distribution System consists of six. (6) primary facilities from which the potable water distribution is controlled and monitored. Processes within the system are highly automated, using programmable controllers locally at each facility, various forms of communications technology to transmit data, and SCADA software on computer servers that function as the nctwork hub. Thc centralizcd control is located at the South County Regional Water Treatment Plant. .- For Manatee Pump Station, a site in the south end of the County, the SCADA system that interacts with the telemetry and accommodates the automatic remote control of the site is several years old. Advancements in technology havc made this portion of the automated system obsolete. Pursuant to the County's necd for evaluation, design and implementation of an upgraded SCADA system to control and monitor this fadlity, on December 16,2003, the Board of County Commissioners approved Work Order CDM-FT-04-01 to Camp, Dresser and McKee Engineers, as Agenda Item 16 CIS. The scope of work induded a full complement of services that would fultill all engineering requirements through project completion. Upon completion of the Upgrade design, PUED and Pun.:hasing Staff issued a Request for Quotations C'RFQ") under Contract 04-3536, "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services," TI1ese pri<.:e solicitations were solicited from three vendors that are approved under this Contract. This process of soliciting three prices ex.ceeds the Contractual requirements of 04-3536. On July 2, 2004, quotations were received, with Revere Control Systems offering the lowest submitted quote in response to this competitive request. The results were as follows: Revere Control Systems, Inc. $105.330.00 DCR Engineering Services, Ine, $193,238,00 EMA, Inc. No Bid .",-... The quotations have been scrutinized by Public Utilities Enginecring leadership and Camp, Dresser and McKee. The PUED Project Manager detelmined that the ~9'tfn~l:jq~trrtNe~19~~4 July 27,2004 Page 1 of 10 Executive Summary Approve WO Revere 04-01 Manatee PS SCADA Upgrade Page 2 design requirements, and that the fees offered in this quote were fair and reasonable. A copy of the proposed work order to Revere Control Systems, with submitted proposal, is attached. Under the terms of Contract 04-3536, individual Work Orders of value greater than $50,000 require approval by the Board of County Commissioners. The proposed amount offered in this quote is $105,330. FISCAL IMPACT: Funds in the amount of $105,330 are available for this project in the Water Capital Fund 412 in Project 70124 Water System Telemetry. The scope of work is consistent with Watcr Capital Budget funds budgeted in FY 04, as approved by the Board on September 18, 2003. The proposed work order is consistent with the 2003 Water Master Plan Update as adopted by the Board on May 25, 2004 as Agenda Item 10 D. GROWTH :\'IANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners, as the Ex-orticio Governing Board of the Collier County Water-Sewer District, approve, and authorize the Public Utilities Administrator to execute. Work Order ICTSCADA-REV-04-001 Cor Instrumentation, Controls and Elecuicallnstallation Services related to SCADA Upgrades for Manatee Pump Station in the amount of $105,330, Project 70124. .....- ,,-. Agenda Item No, 16C14 July 27, 2004 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16C14 Item Summary Recommendation to approve Work Order ICTSCADA-REV-04-001 under Contract 04-3536 to Revere Control Systems for Instrumentation, Controls and Electrical Installation Services related to 1vlanatee Road SCADA Upgrade in the amount of 5105,330, Project 70124. Meeting Date 727/20049:0000 AM Prepared By Dennis McGee Project Manager 7/9/20043:04:25 PM ;>ublic Utilities Public Utilities Engineering Approved By "'{o'j 3. Anderson. P,E. Public Utilities Engineering Director Date ~'jOjJC Utilities Public Utilities Engineering 7/11/200411:10 PM Approved By Ljil Wood Purchasing Agent Date AJrnlnistrative Sarvices Purchasing 7/14/20048:19 AM Approved By 3reve Carnell Purchasing/General Svcs Director Date \ciministrati'le Ser'/ices Purchasing 7114/20048:43 AM Approved By ThorTns 'Nides Operations Director Date ."ubllc Utilities Public Utilities Operations 7/14/20049:25 PM Approved By James W, Delany Public Utilities Administrator Date hbiic Utilities Public Utilities Administration 7/15/20043:30 PM Approved By Pat !_ehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/15/20044:25 PM Approved By 3u::ian Usher Senior ManagementJBudget Analyst Date County Manager's Office Office of Management & Budget 7/19/20041 :49 PM Approved By ~1icnael Smykowski Management & Budget Director Date i:;)unty \'1anager's Office Office of Management & Budget 7/19/20046:08 PM Approved By James ';, .~ludd County Vlanager Date ,,>),oJ ;)1 County ''::0innlis3(oners County Manager's Office 7'19/20046:34 PM Agenda Item No, 16C14 July 27, 2004 Page 3 of 10 WORK ORDER # ICTSCADA-REV-04-o01 "INSTRUMENTATION, CONTROLS, TELEMETRY AND SCADA INTEGRATION CONTRACTING SERVICES" Contract #04-3536, Dated 2/27/04 This Work Order is for Instrumentation, Controls, Telemetry and SCADA Integration Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Manatee Road SCADA Upgrade The work is specified in the Request for Quotations ("RFQ") issued June 14, 2004, and is delineated in the respondent's PROPOSAL dated July 2, 2004 which is attached hereto and made part of this Work Order, In accordance with terms and conditions of the Agreement referenced above, Work Order # ICTSCADA-EMA-04-o01 is assigned to Revere Control Systems, Inc. Scope of Work: T ask I - Task" - Task III - Manatee P.S. Telemetry/SCADA Upgrade - Construction and Installation SCRWTP Telemetry/SCADA Upgrade - Construction and Installation Miscellaneous Project Fulfillment Schedule of Work: Complete within 105 Calendar days, Compensation: In accordance with Item 2 of the Agreement. the County will compensate the Firm in accordance with the negotiated time and material sum amount or lump sum amount as indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "H" of the Agreement). Task I T ask II Task III Total LS Fees Total of Work Order $ 19,200.00 Lump Sum $ 70,692.00 Lump Sum $ 15.438.00 Lump Sum $105,330.00 Lump Sum $105,330.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit 0 of the Agreement. PREPARED BY: Agenda Item No, 16C14 IllIy ?7, ?OO.:1 Page 4 of 10 Dennis McGee, Instrumentation/SCADA Manager Date REVIEWED BY: Stephen Y. Carnell, Purchasing Director Date AUTHORIZED BY: Paul Mattausch, Water Director Date APPROVED BY: James W. DeLony, Utilities Administrator Date ACCEPTED BY: Date: Witnesses (2) By: Joseph Norman Revere Control Systems, Inc. Fund: 412 cc: 273512 Object Code: 634999 Project Number: 70124 Approved as to Form and Legal Sufficiency Tom Palmer Assistant County Attorney Agenda Item No. 16C14 July 27,2004 Page 5 of 10 07/02/2004 13:21 FAX 2058240439 REVERE CONTROLS laJ002 A PROPOSAL FOR MANATEE ROAD SCADA UP GRADE COLLIER COUNTY, FLORIDA BY \ 1\ I \\ 1\: \ - , ,. ,\ :!\ \ ~'-... J I \ \ ,\' ;' \ \; i' . ,\ " . V \. . ,'I \ ii ! '\ ,. '. \_: 1f(~bJ i:]~f REVERE CONTROL SYSTEMS INC. BIRMINGHAM, ALABAMA .JULY 2,2004 Agenda Item No. 16C14 July 27, 2004 Page 6 of 10 07/02/2004 13:21 FAX 2058240439 REVERE CONTROLS ~003 Scope of Supply: Revere Control Systems, Inc. is pleased to quote to COM Specifications Contract No. 04-3536 dated July 2 2004. Revere will provide materials, equipment, labor, and goods as required by the specification. The work will be preformed for the following: 1. Manatee Pump Station Work 2. SCRWTP Work 3. Miscellaneous Project Fulfillment Work The scope of work will include: 1. Controls and Instrumentation 2. Electrical Installation Services: Revere will provide submittals eight (8) copies and distributed as directed for panel drawings, equipment cut sheets and data sheets, Bill of Materials, and other details as applicable. Revere will provide six (6) sets of Operation and Maintenance Manuals for the project, including as built drawings. Equipment: Revere will provide UL listed control panels for the equipment as specified. Exceptions: 1. Revere work is based on site access 24/7, and coordinated work scheduled during normal weekdays from 7am - 4pm. 2. Spare parts are provided as listed. 3. Equipment and Services Guarantee will be for two (2) years from the date of installation or acceptance whichever ocems first Damage due to acts of God are specifically excluded. 4. Underground Hazards are not included. 5. Surge Suppression and Lightning protection is provided for pump panels, antennas. and radio equipment buildings as specified. Additional buildings and other lightning and surge suppression equipment is not included in this proposal. Where existing grounding loops are available new equipment will be added to the existing grounds. Agenda Item No. 16C14 July 27, 2004 Page 7 of 10 07/02/2004 13:21 FAX 2058240439 REVERE CONTROLS I4J 004 Delivery: Revere Control Systems, Inc. will work with supplier of the SCADA system., etc. to develop a schedule of completion for this proj eet. This will be apart of the submittal process. Terms: Revere Control Systems, Inc. Standard Terms and Conditions of Sell apply to this proposal. Investment: Revere Control Systems, Inc. is pleased to offer all of the above goods and services according to the price sheet attached. Agenda Item No, 16C14 July 27,2004 Page 8 of 10 07/02/2004 13:21 FAX 2058240439 REVERE CONTROLS raJ 005 -1 . "--~ QUOTE SCHEDULE Quote under Contract #04-3536, U Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" MANATEE ROAD SCADA UPGRADE PROJECT Item. Estimated Unit Unit Amount Quantity Price 1. Manatee PS work to include 1 Each $ $ I q, 200 gg, antenna mounts (2); Installation 01 UHF components and upgrade of Local ?LC Control Panel with Operator Interface; miscellaneous electrical installation. 2. SCRWT? work to include antenna 1 Each $ $ 70, ~ <?2.pr:J. mount; Radio Terminal Panel; Data Concentrating PLC Panel; UHF signal strength tests; miscellaneous electrical to include coaxial, fiber, and Ethemet cable circuit runs; HMIJSCADA Server Workstation, complete with all hardware and software; and miscellaneous system tests in support of system conformity. 3. Miscellaneous project fulfillment 1 Each $ $1.s;.~38 a work including (but not limited to) documentation, training, testing, and other servIces as required by contract specifications. TOTAL BASE BID PRICE"'. $/05....330 OR. TOTAL BID PRICE.....Oh~ nukd~ed -FiVe. +hOVS~Hd. +Are...... dollars hOl1d)'oed +hir1'( . · - Line items are intended to be used as a general categorization of work, and not a complete set of obligations or requirements. Detailed descriptions of all work requirements are provided in the technical specifications. For this Bid Form, where not mentioned herein, other requirements as delineated within the specifications and drawings must still be met .. - Base Bid Price as listed above shall be the determinant for award of contract. Any supplemental or additional items, as listed below, are subject to negotiated agreement with Collier County, per terms of Fr 04-3536 and as "County-authorized" changes or additions. Agenda Item No. 16C14 July 27,2004 Page 9 of 10 07/02/2004 13:22 FAX 2058240439 REVERE CONTROLS laJ 006 >>t Contingencies: 1) Site Contingencies. With any additional work or addition,a1 services unforeseen or negotiated after the base agreement, Collier County shall reserVe the right to negotiate changes in the base contract to procure these additional services. Unless otherwise delineated or itemized above, any additional services negotiations and procurements shall b~ in accordance with the terms and conditions of Collier County FT 04-3536: Annual Contract for Instrumentation, Controls, Telemetry, and SCADA Integration Services. 2) Capri P.S. Integration. Scope of work to include modifying existing Capri Pump Station RTU to match radio frequenc of this scope of work, commensurate with Manatee RTU. Work includes installation, of 2 new antennas, 2 new radios on common frequency (460.1125 MHz), antenna switch, signal s ength testing under the new frequency, and miscellaneous PLC tie- ins in accordance with s ecified standards as delineated under this contract. Not included in this scope of work, as signed to other sources, are miscellaneous PLC programming fees (local at the Capri P .S. LC, and remote at the SCRWTP Data Concentrator PLC); and HMI/SCADA programmi g fees at the SCRWTP or elsewhere in the SCADA WAN. As with Contingency 1 above, th se prices are negotiable under the terms of FT 04-3536: Annual Contract for lnstrumen 'on, Controls, Telemetry, and SCADA Integration Services. RF Modification @ Capri Pu Price: $ ao (Time & materials per Ff 04-3536, Not-to-Exceed) IN WITNESS WHEREOF. WE ha e hereWlto subscribed our names on this 2J,cl day of Jul!} 2004 in the County of ~ in the state of ALa ba,.,., c , (;leve~c, Co "'+"""0 I s.Jsf(!'~.r Firm's Complete Legal Name Phone No. 20S~ 32.4-0004 FAXNo. 20S- g2-4- 043f:t Email: j.Ylor-mahftj)reve~cOi1tr/}t.CO^1 2240 p..dc k~ I~ I"d" " I~OQcL Address II-- ha City 8ta: Zip. de h f 3u.j",S" Dc: II. Title Jost;/, E. NOY"vHOI4 \7 U 1'1 21 '2 00 1 Name ypedJPrinted Date Agenda Item No, 16C14 July 27, 2004 Page 10 of 10 EXECUTIVE SUl\-'1~[ARY - Recommendation to amend Work Order 1\'lAC-FT-04-01 under Contract 03-3484 to McKim & Creed Engineers for Implementation and Integration Engineering Services related to Control and Telemetry Upgrades for Carica, Vanderbilt and Barefoot Water Distribution Pump Stations and for Water SCADA System Broadband Wide Area Network in the amount of $188,650, Project 70124. OBJECTIVE: To improve the reliability and operability of the Water Distribution System by upgrading the instrumentation, controls. remote monitoring. and Supervisory Control and Data Al:quisition (SCADA) systems of three (3) Water Distribution sites. and establishing a Wide Area Network for information-sharing and database management. CONSIDERATIONS: Thc Watcr Distribution Systcm consists of six (6) primary facilities from which the potable watcr distribution is I:ontrolled and monitored. Processes within the system are highly automated. using programmable controllcrs locally at each facility, various forms of communications technology to transmit data. and SCADA software on computer servers that function as the network hub. The centralized control is located at the South County Regional Watcr Treatment Plant. - For three of the Disu'ibution sites in the nOlth end of the County (Carica Pump Station, Vanderbilt Pump Station, and Barefoot Distribution Point), the technology that comprises the telemetry and SCADA in these automated systems is several years old. Advam;ements in technology have made these portions of the automated system obsolete. A Wide Area Network. whereby information is transmitted between the South County Regional Water Treatment Plant. the North County Regional Water Treatment Plant, and the Public Utilities Operations Center, will add system-wide operational visibility, control reliability, and the ability to process, share, and communicate Water Distribution System data, statistics and metrics. Pursuant to the County's need for evaluation. design and implementation of an uPbrraded SCAD A system for these facilities, on <xtober 28,2003, the Board of County Commissioners approved Work Order MAC-FT-04-01 as Agenda Item 16 C 2. 111e seope of work included Evaluation and Design phases of Engineering Scrviccs. identified as the first steps towards renewing and enhancing the automated system as desclibed above. The Implementation phase Engineering Services were to be evaluated as the design was determined and finalized. Pursuant to the County's need for this Implementation phase, McKim and Creed Engineers has provided a proposal to perform such services. McKim and Creed proposes its services in the amount 01'$188,650. ,.-. PUED and Purchasing Staff worked together to negotiate the scope and fees of the proposed work order with the Consultant for Phase III Implementation. Services to be provided are I:onsistent with Contract 03-3484 Fixed Term Instrumentation and Controls Engineering Services, approved by the Board of County Commissioners on June 24, 2003 as Agenda (tern 16 C 3, Agenda Item No, 16C 15 July 27, 2004 Page 1 of 13 Exe~utive Summary Approve WO Amendment to McKim & Creed Page 2 The fees have been scrutinized in conjunction with the Purchasing Department and determined hy the Project Manager to be fair and reasonable, based on previous experience with similar work. Engineering services relating to implementation, programming, integration and SCADA networks of other similar projects were examined and compared. These engineering eosts and hours attributable to implementation services, to include programming, inteb'TIltion, project management and constru\.:tion services, are consistent with those for other projects. Total project costs are consistent with those of similar magnitude and scope, and the engineers' fees represent an ac~eptablc portion of this anticipated total project cost. A copy of the proposed work order amendment is auached. Also attached is a Contract Modification Checklist. Cnder the terms of Contract 03-3484, individual Work Orders of value greater than $90,000 require approval by the Board of County Commissioners. The proposed total amended fee is $269.650. FISCAL IMPACT: Funds in the amount of $188,650 arc available for this project in the Water Capital Fund 412 in Project 70124 Water System Telemetry. The s\.:ope of work is consistent with Water Capital Budget funds bw.lgeted in FY 04, as approved by the Boanl on September 18, 2003, The proposed work order is consistent with the 2003 Water Master Plan Update as adopted hy the Board on May 25. 2004 as Agenda Item 10 D. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECO.\:I.\'IENDA TION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, approve and authorize the Public Utilities Engineering Director to execute Amendment 1 to Work Order MAC-FT-04-01 related to Control and Telemetry Upgrades for Carica, Vanderbilt and Barefoot Water Distribution Pump Stations and for Water SCADA System Broadband Wide Area Network in the amount of $188,650, Project 70124. Agenda Item No, 16C15 July 27, 2004 Page 2 of 13 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS Item Number .SC15 - Item Summary Recommendation to amend Wor~ ()Cder MAC-FT_04-01 under Contract 03- .3484 to McK,m & Creed Eng,neers for Imp'ementatlon and Integration E1g,nee'!ng Serv'ces reiated to Control and Telemetry Upgrades for Carica, Ihnderb,lt and Barefoot Water D,stnbutlon Pump Stations and 70r \iI/ater SCADA System Broadband Wide Area Network in the amount of S 188,650, PrOject 70124, Meeting Date 727200490000 AM Prepared By Dqnnis McGee Project Manager 7/9/20043:11:32 PM ?uhlic Utilities Public Utilities Engineering Approved By Roy 3, Anderson, P.:::. Public Utilities Engineering Director Date Jubli~ Utditios I-'ublic Utilitios Enginooring 7'11:200411,13"M Approved By .~)~ ala L..~hby ',,'1Jt.ar Operations Manager Date ;)'JtJltt: Utilitios 'Nator 7:12!20041:13 I'M Approved By ,)]ul 'vlattausch ''/Vater Din~dor Date "'.Julie JtilitH!S N:jtl~r 7:14/20047:07 AM Approved By !_/il 'Nouu )IJrt:~1::iSH1g /\YOllt Dato ..i. dmin istrJti'/e'5ef"':ices ,:I, j rc h J 5 i n fJ 7!1 m004 d: U AM Apprll\'ed By ;~e'/e Carnail ?:Jrchasing/General S'/CS Director Date ~jministr;:ltivB Ser/icas Purchasing 7!14/2004 ~:56 AM Approved By Thomas ;Nldes Operations Director Date ,.J:Jbik: Utilitios :~ubljc Utilities Oporations 7'1-1:20043:01 PM Appruved By J.im(]s \N. 'JoLuny PubliC Utilitios Administrator Date -'ublie Utilitios Public Utilities Admilllstration 7!15/2004 3:32 PM Appruved By ;"1:H 1_.lhilll;:Hd ,:.\.dministrativo Assistant Date County Manager's Office Office of Management ,'\. Budget 7/15/20044:32 PM Appruwd By 3USdn :J:.,hor Senior Managemuntlf3udget Analyst Date G,)unr'j V1anaqer's Office Office of Management 3. Budget 7/19!2004 2:04 PM Appruved By '.'icnflel Smyko'Nski ,,1anagement '\. Budget Jirector Date :.:,,-H1t'f \;1Jraqer's Office ,-)ifica c:f ~anaqeme:1t ;. 3udfJet 7:19/20045:06 PM Apprmed By .,:"I~.:!~:;'/ Mluld .: )ldltv ~"'.]nager :hte 30,J.(~1 )i -: ;\; nt'1 .>.)ljilty ,vI.H1iigl:r'., Offic:~ Agenda Ite~'1~j3.~~~AM July 27,2004 Pd~'" 3 uf 13 .... .-=,,' '.:,;-;I'j'll(S AMENDMENT NO 1 WORK ORDER MAC-FT-04-01 Agreement for Fixed Term I&C Design Engineering Services Contract #03-3484 Dated June 24, 2003 This Work Order is for professional engineering services for work known as: Project: Phase Scope Title: 70124: Water System Telemetry Control/Telemetry Upgrades, Carica- Vanderbilt-Barefoot The work is specified in the proposal dated Julv 6. 2004 , which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order MAC-FT-0401 is assigned to McKim & Creed. P.A.. Scooe of Work: Phase I Task 1: System Evaluation and Architecture Design Phase II Task 2: Detailed Design Phase III: Implementation Task 3 System Implementation - Broadband and UHF Travel and Subsistence Task 4 Allowance Schedule of Work: (Task 3 of Phase III above) Complete work within 130 days of Notice to Proceed authorizing start of work. (Task 4 of Phase III) Completion of work schedule will be based on an agreed upon time schedule at the time of authorization to proceed on this task. Comoensation: In accordance with Article Five of the Agreement. the County will compensate the Firm on a lump sum basis for labor plus reimbursable expenses. Phase I, Tasks 1A-1 E Phase II, Tasks 2A-21 Contingency Allowance Phase III, Task 3 Travel & Subsistence Task 4 Oriainal $32.000. OO(L. S) $44.000.00(L.S.) $ 5,000.00(L.S.) Amendment NO.1 TOTAL FEE $81.000.00 $175,750.00(L.S.) $ 7,900.00(T&M, NTE) $ 5.000.00(T&M. NTE) $188,650.00 Total $ 32,000.00 $ 44,000.00 $ 5,000.00 $175,750.00 $ 7,900.00 $ 5.000.00 $269,650.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "An of the Agreement. Agenda Item No. 16C15 July 27, 2004 Page 4 of 13 ,- PREPARED BY: Dennis McGee, P.E., PUED Instrumentation/SCADA Manager Date REVIEWED BY: Date Stephen Y. Carnell, Purchasing/General Services Director AUTHORIZED BY: Paul Mattausch, Water Director Date APPROVED BY: Roy B. Anderson, P.E., Utilities Engineering Director Date Date: WITNESSES (2): McKim & Creed, PA By: Printed Name: Byron Conner Title: Senior Project Manager I' u n tl. -l I 2 C c- 2 7 ,~ I 2 () h j c cl C ("I c fd -l <) '19 PrOject "umher: 7012-1 Agenda Item No. 16C15 July 27, 2004 Page 5 of 13 July 6, 2004 Mr. Dennis McGee, P. E. Instrumentation/SCADA Manager Collier County Public Utilities Engineering Department Building H, Third Roar 3301 East Tamiami Trail Naples, FL 34112 RE: Water Distribution Telemetry System Upgrades -Implementation Phase Dear Dennis: We at McKim & Creed, PA appreciate the opportunity to provide Construction Services during Implementation of the SCADA system upgrade projects. A system has been designed to provide the required data communications between the subject sites as part of the Task 1 and Task 2 projects. The sites will be retrofitted with newer technology PLC controllers, new UHF radios, antennas, cabling and will be expanded for greater instrumentation and control capability. A broadband communications system will be installed at the South Regional Water Plant, the PUOC, the County Barn Road CommUnications tower and the North Central Water Plant to provide high speed communications links between each site. The McKim and Creed Scope of Services included the first two phases of a three-phase design/implementation plan for this project. Task 1 consisted of a detailed evaluation of the referenced water pumping station controls, telemetry paths, licensing and telemetry systems upgrade, required Human Machine Interface (HMll system modifications at the Carica Road Pumping Station, the County's Water Plant Facilities and RTU modifications at the pumping stations and monitoring site with proposed system architecture, Task 2 included a detailed design for the system including modifications required at each of the srres. A high speed communications link between the Water Plants and PUOC is included in the design. Tasks 3, 4 and 5 Will provide Project Construction Services for the implementation of the Task 2 design. These services will include installation, configuration and programming of HMI and SCADA software, configuration and population of the O&M database per Owner template, configuration of PLC and Workstation hardware. Start-up, training, alarming and reporting are included in the Task 3 configuration services as is construction supervision of work performed by Contractors/subcontractors. The work under this Work Order will provide the desired level of monitoring and automated control of the system components. Improvements for each of the facilities will be incorporated to support the overall operational goals of the COUNTY. Services Will be provided in the following Tasks: Task 3 - System Implementation - Broadband and UHF Task 4 - Allowance Task 5 - System Implementation - Capri Pump Station UHF Agenda Item No. 16C15 July 27, 2004 Page 6 of 13 July 6, 2004 Page 2 SCOPE OF WORK T ASK DESCRIPTION 3 System Implementation - Broadband and UHF A. Conduct an implementation coordination meeting Prior to beginning purchase, installation or programming services, conduct a coordination meeting with each successful INTEGRATOR and the COUNTY to review the scope of work required to complete the construction of this project and to outline the schedule for the work. A concurrent project (separate of this Contract) will accomplish the installation and testing of the South Plant computer, HMI software, 460 MHz UHF radio master including the PLC (with initial communications programming) and the UHF Omni antenna installed on the existing tower. Work priorities indicated by the COUNTY will require Carica Road control panel replacement/testing and the South Water Plant HMI and PLC programming upgrades be completed first. Provide general coordination planning prior to on-site construction. B. Inspect and Coordinate Field Wiring and Hardware Installation Coordinate with the service provider for the installation and testing of the PLC controls and UHF communications at each remote site and the South Plant and at the County Barn Road site. Coordination with the service provider for the installation and testing of the 5.8 GHz (SHF) communication equipment at the South Plant, County Barn Road Tower site, PUOC and the North Water Plant (dependant upon tower installation within project time frame). C. Coordinate Communications System Set-up Coordinate with the service provider for the establishment of UHF communications between the remote sites and the South Plant; And between the remote sites and County Barn Road Tower site Coordinate with the service provider for the establishment of 5.8 GHz (SHF) communications between the South Plant, County Barn Road, PUOC and the North Plant. D. PLC Programming Develop and implement new PLC program algorithms in the Pump Stations and the Water Quality monitoring station for monitoring and control of all aspects of the affected Water System. Establish operating protocol from existing operational considerations and direct COUNTY input. Implement a complete polling scheme in the data concentrator PLCs located at both the County Barn Road and the South Water Plant. E. HMI Programming Develop and implement Intellution HMI software at the South Water Plant to provide operational controVmonitoring of the three remote sites. The HMI will be developed to meet published COUNTY standards and requirements for control, monitoring and protocol for system access and operational adjustments. The O&M system will be interfaced to the HMI database for automated reporting and monitoring. F. System Documentation Prepare and provide documentatIOn of programming work and field installation details (AS_BUILT information from the service provider(s)). Include information on each component in the Project and include in the O&M database. Agenda Item No. 16C15 July 27, 2004 Page 7 of 13 JUly 6, 2004 Page 3 G. System Start-up Perform start-up and system debugging for programming, communications and HMI components. Demonstrate full range of control and monitoring capabilities. Perform necessary adjustments to the system while meeting operational requirements of the system and COUNTY Staff. H. Training Provide three days of training to Operations and Maintenance Staff at Collier County. Training will include an overview of the system operational capabilities and system configuration. Specific maintenance training on the Radios, PLCs and workstation equipment will be provided by the equipment suppliers. I. OP 10 O&M Database Configuration/Documentation Services Obtain project related equipment and operational data, incorporate into the OP 10 Database template and perform necessary interface to allow automatic access to the Intellution HMI data. Synchronize OP 10 database related operations with the COUNTY's OP 10 Coordinator. J. On-site Meetings/Inspections Chair Project Progress meetings/task coordination on first & third weeks of each month. Included are additional meetings required for "Substantial Completion" punch list review and "Final Completion" verification of accomplished work. 4. Allowance (For Additional services requested and authorized) We will provide additional services, at costs agreed upon by the COUNTY and ENGINEER and as authorized by the COUNTY, which may arise during the course of the work that were not enVisioned as part of the original or amended scope of work. Compensation to the ENGINEER for performance of Additional Services as well as the specific services to be performed and time of completion shall be approved by the COUNTY's Project Manager in writing in advance of performance of said Additional Services. Additional Services must be identified by the ENGINEER prior to the performance of the work. Failure to notify the COUNTY in writing of Additional Services shall be deemed a waiver of any claim by ENGINEER that such services were Additional Services. Additional written authorization from the COUNTY will be required for any charges that exceed the predetermined upper limit. 5 System Implementation - Capri Pump Station UHF A. Conduct an implementation coordination meeting Prior to beginning purchase, installation or programming services, conduct a coordination meeting with the successful INTEGRATOR and the COUNTY to review the scope of work required to complete the construction of this project at the Capri Pump Station. Provide general coordination planning prior to on-site construction. B. Inspect and Coordinate Field Wiring and Hardware Installation Coordinate with the service provider for the installation and testing of the PLC controls and UHF communications at Capri Pump Station. C. Coordinate Communications System Set-up Agenda Item No. 16C15 July 27,2004 Page 8 of 13 July 6, 2004 Page 4 Coordinate with the service provider for the establishment of UHF communications between the Capri Pump Station and the South Plant. D. PLC Programming Develop and implement new PLC program algorithms at the Capri Pump Station for monitoring and control of all aspects of the affected Water System. Establish operating protocol from existing operational considerations and direct COUNTY input. Incorporate Capri Pump Station into the polling scheme in thE" data concentrator PLCs located at both the County Barn Road and the South Water Plant. E. HMI Programming Incorporate Capri Pump Station into the development and implementation of Intellution HMI software at the South Water Plant to provide operational control/monitoring of the remote site. The HMI screens will be developed to meet publiShed COUNTY standards and requirements for control, monitoring and protocol for system access and operational adjustments. The O&M system will be interfaced to the HMI database for automated reporting and monitoring. F. System Documentation Prepare and provide documentation of programming work and field installation details (AS_BUILT information from the service provider). Include information on each component in the Project and include in the O&M database. G. System Start-up Perform start-up and system debugging for programming, communications and HMI components. Demonstrate full range of control and monitoring capabilities. Perform necessary adjustments to the system while meeting operational requirements of the system and COUNTY Staff. H. Training Provide one day of training to Operations and Maintenance Staff at Collier County. Training will include an overview of the system operational capabilities and system configuration. Specific maintenance training on the Radios, PLCs and workstation equipment will be provided by the equipment suppliers. COUNTY RESPONSIBILITIES · Provide access to COUNTY Facilities as needed to accomplish each Project Sub-task . Provide location/coordination during Project Progress Meetings · Review Submittals and provide comments within ten days · Provide proposed HMI screen images and provide comments within ten days · Provide a template and current list of OP 10 database "TAGs" on magnetic media · Provide access to Operation Manuals for the pumping stations · Provide Wiring Diagrams and other data on existing instrumentation and control systems (as applicable) · Provide operating data on current water system operation Agenda Item No. 16C15 July 27,2004 Page 9 of 13 July 6, 2004 Page 5 PROJECT TEAM A. Street Lee, PE Byron Conner Dan Cote, PE Eric Brown Gene Robinson, EI Principal Sr. Project Manager Sr. Instrumentation and Controls Engineer I&C Designer/Programmer Instrumentation and Controls Engineer PROJECT SCHEDULE McKim and Creed's work schedule is dependant upon will be adjusted to ooincide with the selected CONTRACTOR(s) contract period. A comprehensive MS Project Schedule will be generated at NTP, reflecting each CONTRACTOR's planned milestones. Task 3 - System Implementation UHF & Broadband Contract(s): Completion within 130 days from Notice to Proceed Task 4 - Allowance: Completion date to be determined upon award Task 5 - Capri PS Implementation: Completion date to be determined upon award ENGINEER'S COMPENSATION For the above-described SCOPE OF SERVICES in Amendment NO.1 to Work Order MAC-FT-04-01, the COUNTY will compensate the ENGINEER for Task 3, as summarized below: Task 3 - System Implementation - Broadband and UHF (LS) Travel and Subsistence (T&M" not-to-exceed) TOTAL FEES $ 175,750.00 $ 7.900.00 $ 183,650.00 . - Reimbursable expenses in accordance With terms of FT-03-3484 Task 4 and 5 - Allowance will be compensated on an agreed upon basis, either hourly at the current contract billing rates or on a lump sum basis for a defined scope item of additional services. Task 4 - Allowance Task 5 - System Implementation - Capri Pump Station TOTAL ALLOWANCE FEES $ $ $ 5,000.00 8.000.00 13,000.00 Invoices shall include a brief description of work performed during the billing period, the equipment provided. the percent complete and the amount due. Agenda Item No. 16C15 July 27, 2004 Page 10 of 13 July 6, 2004 Page 6 We appreciate the opportunity to work with Collier County and provide an improved system for control and monitoring of your water facilities. Please let me know if you have any questions or require more information. Sincerely, McKim & Creed, PA Byron Conner Senior Project Manger Agenda Item No. 16C15 July 27, 2004 Page 11 of 13 CONTRACT MODIFICATION CHECK LIST CONSTRUCTION AND CONSULTANT AGREEMENTS CHANGE ORDERS, SUPPLEMENTAL AGREEMENTS, AMENDMENTS AND CHANGES TO WORK ORDERS PROJECT MANAGER REVIEW 1. Document circumstances prompting the change(s) request by... a. Identifying who initiated the change request b. Identifying the nature of the change 2. Analyze the change request to determine: a. The hard and soft costs of the change and the appropriateness of each b. The benefits of the change c. The impact(s) of the change on the project d. The impact of the change on the overall success/failure of the project 3. If the change is deemed justified, review the original contract to determine or verify... a. Whether the change is consistent with existing project scope b. The existing terms and conditions (e.g.; price and schedule) c. That the proposed change is not included within the existing scope d. The protocol for authorizing changes to the agreement 4. Document the analysis of and the justification(s) for the change. 5. Obtain preliminary review and input from one of more of the following: a. Other project managers b. Immediate supervisor c. Appropriate 3rd party consultants d. Purchasing and Contracts Agent e. County Attorney Office f. Risk Management Department g. Other County departments materially impacted by the change. 6. Certify the appropriateness of the change based on the information gathered in steps 1-5. 7. If the change is not deemed justified, notify the appropriate parties and include the documentation gathered to date in the project file. 8. If the change is deemed justified, identify the appropriate contract instrument (Change Order, Amendment, Work Orders or Supplemental Agreement). 9. Prepare and process the change document in accordance with... a. The terms and conditions of the existing agreement b. The County's Contract Administration Procedures. c. Submit packet with back up documentation to Purchasing for review Form Retrieved From: I/Forms/County Forms/Purchasing Forms/Contract Modification Checklist Revised 8/22/03 Agenda Item No. 16C15 July 27,2004 Page 12 of 13 CONTRACT MODIFICA liON CHECKLIST FORM PROJECT NAME: Water Svstem Telemetry PROJECT #: 70124 FT Contract 03-3484 BID/RFP #: WO MAC-FT-04-01 MOD #: Amendment #1 AMOUNT OF THIS CHANGE $ 188,650 PO #: 4500020290 CONTRACT AMOUNT: ORIGINAL $ 81,000 CURRENT $ 269,650 (STARTING POINl) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 81 ,000 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 10/28/03 Agenda Item # 16 (e) 2 Percentage of the change over/under current contract amount 232.9 % Formula: (Current Amount 1 Last Bee approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 12/31/04 CURRENT: 12/31/04 SUMMARY OF PROPOSED CHANGE (S): Procurement of Additional Engineerina Services to include implementation and intearation. Previous contract amount was onlv for Phase I (System Evaluation) and Phase II (Detailed Desian) Services. JUSTlFICATION FOR CHANGE (S): The findings of the Phase I System Evaluation and the derivation of the Phase II Detailed Design were the basis for establishing the direction of the Phase III Implementation of the proiect. As such. it was anticipated that there would be a chanae to the contract to reach aareement on the additional services. but the scope and determination of the fees could not be established until the Phases I and II work would reveal this direction. PARTIES CONTACTED REGARDING THE CHANGE: Pam Libby and Paul Mattausch (Water Dept Operational channels): Karl Boyer and Roy Anderson (PUED channels): and Lvn Wood (Purchasing Dept channen IMPLEMENTATION STEPS (Verity each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: Dennis McGee DISAPPROVE: COMMENTS: Date: Date: 6/07/04 Revised 8/22/03 Ayt:lIIJa Itt:llll Nu. 16C15 July 27, 2004 Page 13 of 13 ,.."-" EXECUTIVE SUlVL'\1ARY Recommendation to approve the Settlement Agreement with Ricky and Christina McAteer (North Hawthorn Wellfield Water Supply Transmission Mains Project No. 700751). OBJECTIVE: That the Board of County Commissioners. as the Governing Board of Collier County and as "Ex-Officio" the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as "Board") approve the Settlement Agreement with Ricky and Christina McAleer for payment for the loss of an earthen berm and acquisition of utility and access casement. CONSIDERATIONS: On February 6. 2002, Agenda Itcm IOJ, the Board approved and awarded a contract for thc design and construction of new reverse osmosis raw watcr supply wells (Wel1s RO 12N through RO 15N) for thc North County Regional Water 'trcatment Plant, hereinaftcr refcrred to as the "Project". In order to avoid potential watcr supply deficits and/or disruption to water scrvice the Board declared the project an emergency on December 11. 2001. on Agenda Item 16C 10. - The tmnsmission main and associated under!:,'Tound utilities werc installcd as part of thc project within a platted 80 foot drainage casement. currently known as the Cypress Canal. with the permission of the South Florida Water Management Disu;ct. Installation was completed in Fehruary 2003, and resulted in the (,~learing of a pOltion of the north 30 feet of the 80 foot drainage casement and the removal of an earthen herm which cxisted along the north bank of the Cypress Canal and created a natural vegetative screen for the property. The McAleers have estimated a loss of roughly 3,700 cubic yards of fil1 material as a result of excavation of the existing berm on the north side of the canal. A claim was made on behalf of the McAleers on October 2, 2003, alleging damages resulting from the removal of the berm and installation of the tmnsmission main and other underground facilities. After months of discussions and exchanges of infOlmation staff has negotiated a Settlement Agreement with the property owners, McAleers. The proposed a!:,'Teement. which is attached hereto. provides for the payment of $35.000.00 for the replacement of thc lost berm and the conveyance of a utility and access easement over the north 30 feet of the McAleers, property. The replacement cost for the berm is based on the market value of 3.700 eubic yards of fill material. [n addition the proposed agreement provides for the payment of attorney's fees and landscape architect fees in the total amount of $3.000.00, and the conveyance by the McAlcers of a 30' x 660' utility and access casement. The Oftice of County Attorney has reviewed the County's obligations purposed in the attached Settlement Ah'TCement and consider them to be reasonable. -- Agenda Item No. 16C16 July 27, 2004 Page 1 of 10 FISCAL II\IPACT: Funds in the amount of $38.360.00. which includes $360.00 for closing costs of approximately $360.00, are available in the FY 2004 budget for this action in Project 700751, ~orth Welllicld Improvement. Sources of funds is Impact Fees (411). GROWTH MANAGEMENT IMPACT: This project is consistent with. and furthers the goals. objectives and policies of. the Collier County Growth Management Plan. RECOM;\1IENDA TION: That the Board of County Commissioners: 1. approve the attached Settlement Agreement and authorize the Chairman to execute the attached Settlement Agreement~ " approve the expenditure of the funds as stated; 3. ac<.:ept the LJtility and A<.:cess Easement and direct staff to record closing documents aftcr revicw and approval by the Office of the County Attorney. - 2 Agenda Item No. 16C16 July 27,2004 Page 2 of 10 Item Number "...- Item Summary Meeting Date COLLIER COUNTY 30ARD OF COUNTY COMMISSIONERS 16C:6 Recommenda:ion to approve :he Setlement Agreement with Ricky and Chrislina \1cAleer Ir\Jorth Hawthorn '}Jellfield ''/'Vater Supply Transmission'v\ains PrOlect No, 700751). 727 2G'J4 ':;:00:00 AM Prepared By Sandra Herrora County,l\ttorney L;:!gal Secretary ~113/2004 2:20:39 PM County AttornHY OffiG~ Date Approved By P'1ul MCJttClUs.ch ?'lblic Utilities Water Oirt!ctor Water 7/14/20047:06 AM Date Approved By ?'irra-!Ia Libby ?'.Jblic Utilities 'N()t~r Operr!tions. ManClgt!r 'Natcr 7114/200410:38 AM Date Approved By Roy 3. ..\fllJer'iOn, ? ,E. Pljblic Utilities Public Utilities Engineering DireGtor P'Jblic Jtilitics Enginccrinl] 7/14/200411 lB"-M '~,Jr~n 8. '3uliani, PE. DClte A pproved By ,~'jbjjc Utilities .3enior ?roject "];maY'-H ?'JblicJtilitics E:n(]inccring 7;14/200411:20 AM Appro,ed By ThornasNides .:)'JbtiC Util itic5 Df>HCilions Oir~ctor DcJte ,-".wlie Utilities Operations 7'1~/2004 3:J4 PM wdte Appro,ed 8y =:!Ien T. Chadwltll -: .Junty.\ttorncy ~S"'lstant Coun ty A[tornBY -:oumy Attorney Office 7115/200410:00 AM Jate Appro,'ed By ~i:l;fle:~ 'N. DeLorJY ,~'-..lblic IJ~ilities Public: Utilitil;!~ .J.urninistriitor ,::)'..Jbiic Utilities Administration 7( 15/2004 3: 13 PM Date Approved By p"-it Lehnhard :ounty ,"'anagcr's Office l.dministrative ,Assistant :Jfficc of Management ,~ 8udget 7/16/20046:31 AM D<:Ite Apprm"ed By )(!vid C. 'NHigel County Attorney County Attorney County Attorney Office 7/19/20049:27 AM Date Approved By Susan Usher :0Unty Manager's Office Senior M;.magernentiBudget Analyst Office of Management & Budget 7/19/20043:21 PM Date Approved By :\olichael Srnykowski County Manager's Office Management 8. Budget Director Office of Management &. Budget 7/19/20045:43 PM D:.otte Approved By ":.oiln~S '/. Mudd :1o;:H'd Jt:o'..lnty .Jln,nISSloncrs --':,lllnty:'vl,mager >ll,nry Mrln<:lger':,; Jffice --., I:W2:0U4 )::")5 PM Agenda Item No, 16C16 July 27. 2004 Page 3 of 10 UTILITY AND ACCESS EASEMENT THIS EASEMENT, made and entered into tnis __ day of , 2004. by RICKY J, McALEER and CHRISTINA l. McALEER, husbard and ""ile, whosemallingaddressis8201S.nStreetNW.Naples.Fl:>rida. 34120-1916 (hereinafter referred to as . Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COlliER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COlUER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT, whose mailing address is 3301 East Tamiani Tral. Naples, Fl:>rida 34112. (hereinafler referred to as "Grantee'). ('Nhe'eve' ....sed I'erein the terms "Grafllor" and 'Gran:9s" include all the ~arhes to thCs lnstr .Jffi8.1t am; :l1P.~ '9scect VI< hairS. legal 'eprl/Senlatl\lAS, SLccessors 0' assigns.) W,T >J E SSE T H: Grartor, for and In conSideration .of TEN DOLLARS ($10,00) and other valuable consideratiOf'l paid by the Grantee, tre isce'pl ard suHiclency of which IS hereby aCKnowlecgea. hereby con'leys, grants. bargains and sells unto the Grantee, ,ts successors ana assj~ns. a DerpetLal non-excius,ve easement for utility and access curposes, on Ihe 'oIlowing describec lards located in Collier County, Flonda, 10 WII: See attached Exhibit 'A' which :5 :ncoroorated herei'l 'JY reference. SLojecl to easements. res;uctions, and reservations or record. THIS IS HOMESTEAD PROPERTY. TO HAVE Ai\O TO HOLD the sarre unto the Grantee :ogether with the right to enler JpO, said 'and. excavate, and olilce or removo materialS, ncluding, but not imited ~O. water Ines and pipes, and ot1er equipment or Improvements appurtenant thereto or thereunder for the purpose of constructing. operating. and maintaining utility 'aci!iiies thereon and adjacent thereto. Tile easement granted herein shall constitute easements runnlrg With the iand and shei; burden the lands descr bed above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed ,he cate and year fl:s: above written. First Witness (Signature) Name: (Prtnlor Type) Ricky J. McAleer 820 15" Street NW Naples. Flonda 34"20-1916 Second Wi:ness (Signature) Name: iPrtnt or type) First Witness (Signature) Na'Tle: tprtnt 'Jr Type) Christina L McAleer 820 1ST Street NW Naples. Flonoa 34"20-t916 Second Witness (SIgnature) Name' (Print or :ype) ~ ~ -( ;>;:>E Aaen~No. 16C16 u y 27,2004 Page 4 of 10 - ST.I\"7"E OF FLORIDA COUNTY OF COLLIER Tha fo'agoing UTILITY AND ACCESS EASEMENT was aCknowledged before me this _ OilY of ___ _. 2004 by Ricky J. McAleer. whO is perscnally known to me or who has Jroouced _ as identification. (affix notarial seal) :S'gnaMe 0' Notary Put:lic) I P'lrl Name 01 Notary PUbdC) NOTARY PUBLIC SariaifComJ"'1lsslon#:(i' any) tvt.t Commlssloo Explr6S:____ ST!\TE OF FlORIDA CCUNTY OF COLLIER The loregc,ng UTILITY AND ACCESS EASEMENT was aC'<nowledg&d before me this _ :Jay of _' 2004 by Christina L. McAleer, who IS personi:l,ly known to cna :r who has prO<1uced as identificalion i affix notarial seal) (Signature of Notary PUblt':1 (Print Name of Notary PubliC) NOTARY PI JBLlC Scno'/Commisslonlr:(lf any) My CommiSSion Expires: 11:e: I Agenda Item No. 16C16 July 27,2004 Page 5 of 10 J~ 1-1 t:: 1 !!!w ~<:J wg: \lOT PLAiT::O OR. 300K 2868. PAGE 2842 GENERAl ~OTES' ,. DIMENSIONS ARE IN FEa -'ND DECIMALS THEREDF. 2, ca!!liIiI ~ PARCEL DESCRIBED j. OR. ~ OfFICIAl R"~ORIJ 4. O.R, BOOK AAlD PAGE INFCRMAr;ON PROVIDED BY :Oll.IER COUIffi' PRDPERTY APPRAISER WEBB SITE, 5. SUBJECT TO EASE'-lENTS -'NO ~EsmICT10NS OF RECORD. 0, BEARINGS BASED ON TliE ~ORTli LINE OF SECTICN 5. ~tING N88'22'30t.. NOT ~LATTED JR. :JDOK 296<. PAGt 22,14 NDrm I LINE OF SECTION 5 .r DWNSHIP 49 SOUTH. RANGE 27 EAS'" / 3D,OD'l 30,00' I N 86'22' ,0" F 660 6' <> 17* ~.:~~:7","//";;;:~/ ~ ~ 85'22'3C~ w 560__~' I I L I I 3:. ?i L f ~f ~ j' ~ ~I!::: \ , '" I I I ' tLs ~ (?J-Iz+~ ANDREW a. BECK. P's.M, (,OR THE FIR~) FLA,. UC. NO. 5065 NeT VAUD 'MTHOUT ~E SJGNAT1JRE AND -:1-lE OR GINAL RAISED SEAL OF A ,LORIDA LICENSEe SURVEYOR ANO ~APPER -CERTIFICATE OF AUTHlRlZATlCN #l3-43 ABSTRACT NOT RE\o1EI'.U) .-r-: If ,~. lit ~Z"2'lllM-12:OI<22~'~I~ f0- g - j SCALE..: 1~:a60. -r TRACT 18 OR. BOOK 2~ 14, PAGE 2S8 GOLDEN GA~E ESTATES UNIT NO. 10 PLAT BOOK 4. PAGES 101 AND '02 ~oT A ;::;URVF""f ,," WiJ."iller ',- ---- ~.--- '-""-'=- .:z_....I<:II__..::...:.~ ..~ ____ TRACT 18 DESORPTION: THE NORTH 30.00 FEa OF TRACT lB. GOLDEN GATE ESTATES UNIT 10. AS RECORDED IN P1AT ROOK 4. PAGES 101-102. OF ToE PUBUC RECORDS CF COUJER COUNTY. CONTAl~ING 0,4548 ACRES '-lORE DR LESS COUJ(R COU/fTY t'VIUC vra..rro E>GMEDlI<<: DO"AIl"NOIf "'-Of -1-- I l't~ ;; ~ FlOR'QA. "rcc- 4S Agenda Item No. 16C16 July 27,2004 Page 6 of 10 PROJECT: North Hawthorn \Vclltield SETTLK\lEST .\GREE~lENT THIS SETrLEMENT AGREEy1ENT (h~r~inaftcr rcICrrcd to as thc "AgreemenL"l is made and cntered into by RICKY J. MCALEER and CHRISTINA L. MCALEER. husband and wife (hereinafter reCelTed to as the "Owners") and BoanJ of Cllunty Commissioners. as the Goveming Botly llf Collier Counly anJ as Ex-Orlil:io the Gllvel11ing Board of the Clllli~r County Water-Sewer Oistril:tl hercillaft~r referrctl to as .. County"), \'v'HEREAS. the County has. without Owners' aulhllli/.ation. installetl a transmi.ssion main anti rclatcd underground ulililies wilhin lhe North 30 ICel of Trad I X. Golden Gate Estates, Unit 10. as recllrded in Pial Book 4. Pages 10 I-I 02. lh~rehy using a p\lftion llf the cxisting drainage ca>;CI11cnt for utilily purrlllscs: anLl WIIEREAS. as part \)t the construl:tion work, the Cnunty cleared Sllme nf the North 30 feel. inclutling an eal1hen herm exisling on the north hank ot' the Cypr~ss Canal. to whidl Owners haw objecteLl: and \VI-lEREAS. the Owners have all~getl th,lt the ClUnty has unlawt'ully appropriated lheir property and that damages hav~ rcsultcd to their propcl1y as a conse4ucn\,'e of the Counly's aL'tinns: and WHEREAS, thc County desires In scttlc any and all claims arising out of the foregoing a\..tions and to aC4uire a non-exclusive pcrpctual ulilily anti aL'cess \.'ascmenl I'llI' lhc sole purpose of mainlenancc and llperalIon llf the u'ansmissilln main anti rc1alctl undcrgrountl utilities over lhe Nonh 30 t'e~l of Tract I R. Goldcn Galc ESlal~S. Lnil 10. as more panindarly d~S\;lihed in Exhibit ,.\ attached hereIn anti i ncnrporated herein I hereinafter refelTctlln as "Property" I. NOW THEREFORE. III consitleration or the .:onveya.nce or this ea.scmcnt a.nd ~'ompensation 1'01' the earthen ocnn. the sum or whi\.'h is inui\.'atcu below. and olher good and valuable L'llnsidnation. the rCL'eipt and suflieienL'y \)1' whi\.'h is herehy mutually acknmvlctlgeu. it is agreed by a.nd b~tween the pani~s as rollows: I. Cnunt} ...hall pay Owners the sum of S37.900 as damages for th~ removal or the ~artben benn localed at ";\ltI descnbetl location anti all other L'laims alising out of or related to Counly's installation and maintenance or its lntllSmissiDn main and related underground Ul1lili~s upon Owner's property. Owners shall convey a non-exdusivc perpelual Utility Jntl /\'\,'l:ess Easement as tlescribed in b.hibil A auached h~reto 11)1' the aduitillllal sum or S I no.oo payahle hy CDunty Warranl I "'lid tran"adinn her~inafter rcferretl In as lhe "Clllsing"). Said paym~nls shall he full compensation fllf the Easemenl. the bcnn. all lands\.'a.ping. trees. shrubs and any other improvements hx:ated thereon. and for any dumages resulting to Own~rs' remaining lanus. ano ror all olh~r tlalmlgcs in L'onneelion wilh the aequisiliDll or use of suid Property by the County, including all ,lllol11eys' Lces, expert wilness fees. and \.'osts as may he provitled 1'01' in Chapter 73. Floritla Statues. 1 -nl~ owner hereby authorizes the COWllY to oisbUJ"i~ $3.000.00 of th~sc runtls directly to :--lei! Morales, Esquire. Trust Account as allomey's fees and costs. 3. Prior to Clnsing, Owner shall Dhtain rrom the hDltlcrs or any Iie'ns, encumbmnces. exceptions, anOlor qualilicatiolls enL'umbcring: the Property. the execution Ill' su~h instnJlnenls which will remove su~h cncumbrances l'mm th~ Property upnn lheir recording in the puhlic re\.'llrtls of (\,lIier COUllty. Floriua. Owner shall pmvitl~ such instruments. pwperly c.\~cutctl. to Ih~ (\lullty Oll or bdore the uaIL' or Closing. 4. Both Owner anti Cnunty agree that time is nr tile es...cn\.'e In regard to the C1nsing and lhat lherernrc Clnsing shall <lC\.'ur wilhin si:(ty (110) days i'nlm th~ execulion ot' lhis Al:-'Tecm~nt hy tllc ('nunty: provid~d. 111)w~vcr. that the County shall havc lh~ unilatcral right to cxtend the lerm ur this i\gr~emenl for thiny 130) Jays penuing reL'eipl orA\~tlda lternt.NO. 16C16 July 27, 2004 Page 7 of 10 ~ub\ln.linatiun uf a mungage in favor of Washingtun :\Ilutual. At Closing County ~hall Jeliver the County WalTant in the amount uf $3S.0m to Owner and Owner shall deliver the -:unveyam:e instrument to the County in a form aeceptahle to the County. 5. EXl'ept fur any claims to enforce any terms of this Agreement. the Owner. its heirs and assigns. du hereby fully and unconditiunally release. aCl\uit. satisfy and forever discharge the County from any and all manner of causes of actions. suits. debts. claims, damages, liahility. lu~ses. costs. attorney's fees. and expenses whether known or unknown. which the Owner has or may have against the CoWlly arising out of or relating to. in any way to. the removal of the earthern herm located on the north bank of the Cypress Canal and in~tallation of the utility fat:ilities by the County on the Propeny. 6. Conveyance of the Propeny hy Owner is contingent upon no other provisions. conditions. 1)1' premises other than those so stated herein; and the wlitten Agreement. including all ex hi hits attached hereto. shall constitute the entire Agreement and understanding of the panics. and there arc no other prior "r cI)ntempornneous written or oral agreemenLs, undertakings. promises. warranties. "I' -:uvenants not contained herein. 7. Owner has no knowledge of any "pill or environmental law violation nn any propelty cuntiguous tu or in the vicinity of the Propeny to he sold to the Purchaser. and the Owner has nut rel'cived notice and utherwise has no knuwlcdge of al any ~piU un the Property. b) ,lilY existing ur thn:atcned cnvironmental lien against the Properly ur t:) any lawsuit, pWl'eeding "r investigation regarding the generation. storage. treatment. spill or tr.ll1sfer of hi.l/.ardous suhstanl'es on the Propeny. X. County shall pay for all rel'orJing fees Cor the Ctility and Access Easement and for any anJ all ..:n~ts and/or fees assn\:iated with recording a Suhordination. Cnnsenl and Joinder nf any mnngagetsl re\:\lI'deJ against the Property. and fnr the fees to record any t:urative ilhtrumel1ts required tn clear title. The parties acknowledge that this cnnveyant:e is c\cmpt ffllm Jo,:umcnlary ~lamps pursuant to Departmcnt Llf Revenue Letter Ruling and r.A.C. 12B-4.0 13(4). t), Thi~ .-\greement and the term~ and provisitll1S hereof shall he el't'ective as nf the dale this .\gn:ement is executed hy Moth parties and shall inure tn the hendit nf and he hintiing UP,)11 the Panies hereto and their respective heirs. executors. personal representatives. su\:-:essors. successor trustees. anJJnr assignees. whenever the context so requires nr ,ldmits. Both panics a~'Tee that all provisHlns of this al,'TeemenL shall ~urvi..'e Closing and sl1alll1ot merge into the \:nnveyance of the Easement. )0. '111C striking or removal o!' any section of this agreement shall not affect the remaining sections nf this agreement and said '>C\:tions shall remain in full for\:e and he inte11'reled in sUl'h a manner as not to viLllate any of the remaining set:tions or the intent expressed hcrei n. II. This Aj,'TCement is gnverned anti \:onstrued in accordance with the laws of the State of Florida. 12. County agrees to make every reasonahle effort to eliminate noise emanating from a 110w cnntrol value located adjacent to Well No. RO 12. immediately northwest of Owner's propeny. 13. County agrees to make every reasonahle etTon to keep trespassers and other unauthorized individuals from using nr a\:cessing said Easement. I\,' WITNESS WHEREOF. the parties heretn have e:-\ecuted thi~ Al,m:ement on this_ Jay nf . 2(Xl4, Property a-:qulsitHln approved hy BeC pursuantt" Agenda Item . July 27. 2(X)4. 2 Agenda Item No. 16C16 July 27, 2004 Page 8 of 10 ,JL. '3. ;004 1:47PM NO. 635 r ~ AS ro COUNTY: DATED' BOARD 0.11 COUNrY COMMlSSIONBRS AS OOVBRNINO BODY OP COl..LDla COUNI"Y, AND AS EX-oPFIexO nm OOYBRNING BOARD OP THE COLI.IBR. COUNTY WATBR.-sBWBR DlSTlUcr COLLlBR COUNTY, PLORlDA AT!'BST: DWIGHT B. BR.OCK. C1ck . Deputy eledi: BY; 0011II& Piala, CllaItmm AS TO OWNEJl: DATBD: 1...(2.-dif ~~~~. w (SIpalon) '2u/'.$4 .f{. -r;; 72/' Ns"I~"'1)pt) . ~ ~~L'~~ ~) ~iC'a..L.Di~c:.......~'\ N_ (p.iot Of 1')po1 li~Jt!!.r- ~//kL'~ CBlUSTINA L. MCA.LJtU ~ ( 4 3 Agenda Item No. 16C16 July 27. 2004 Page 9 of 10 JI;.. '; m4 1 q?ll ~o.m ~/J~~ (~) .J e.-s.~ L. Ot'c:.U.r50n ~- (PtW.. '!)pol Appn>v.d 1110 fOl'lD 4IIli lcgallllf!lcicDl:y: / GeL'J C/~ Ellen T. OiIdwIU AJIiart Coaaty Atlumty 5 4 Agenda Item No, 16C16 July 27, 2004 Page 10 of 10 EXECUTIVE SU~I~'1ARY Recommendation to award to Golden Gate Well Drilling, Inc., Bid No. 04-3683, Golden Gate WeUfield Reliability Improvements - Tamiami Wellfield Drilling Services up to an amount not to exceed $90,950 per well; Project 70158 OBJECTIVE: To increase the reliability of the existing Tamiami Wcllfield by adding one or more new wells. CONSIDERATIONS: The intent is to add one (1) new well (Well 33) in time to help meet demand during 2005 peak season plus additional replacement wells. The intent of this contract is consistent with the 2003 Water Master Plan Update as identified by the Board on May 25, 2004 as Agenda [tern 100. This contract implements the requirement to replace one Tamiami well per year to im;rease water supply reliability. No replacement wells were constructed in FY03. Wel1 33 is designated as the FY04 replacement wel1 and will directly rcplal.:e an existing well that failed in FY 02 because 01' deteriorating water quality. However, another replacement well is needed in FY04 to maintain the well replacement S\:hedulc identified in the 2(X)) Water Master Plan. This contract will allow for dlil1ing of this additional wel1 plus an unspecified number of wells of similar constrw;tion over FY05 through FY08 to maintain the well replacement schedule in the 2003 Water Master Plan. This contract includes the site preparation, construction and testing of these wells. - The proposed site for Well 33 is on County property approved for purchase by the Board on November 18, 2003 as Agenda Item 16C6. Professional cn!:,>1neering services on this project are provided by Camp Dresser & McKee, Inc. (COM) under Work Order COM-FT-03-02 (Project 7(158), Board approved on September 23.2003 as Agenda Item 16C5. The proposed method of l.:ompensation for well drilling servi<.:es is unit plices. The bid plices include all labor, tools, material and supplies, and expenses incurred by the bidder. The contract award is based on the base bid plice per wel1 by the lowest, qualified, and responsive bidder. Six wel1 dlilling proposals were received on July 13, 2004 as fol1ows: Bidder Base Bid Price Per Well 1. Golden Gate Well Orillinl!, Inc. $90,950 2. Water Boyz [nternational $98,100 4. Oivcrsitied Orillinl! $113,450 4. Hausinger & Associates, Inc. $122,350 2. Jaffer Associates $122,600 6. A.C. Schultes or Florida, Inc. $129,070 - Agenda Item No. 16C 17 July 27,2004 Page 1 of 7 Executi ve Summary Award Bid-04-3683 Page 2 COM and staff have evaluated the bids. The bids by Diversified Drilling and Hausinger & Asso\.:iates were determined to be film-responsive be\.:ause the mobilization costs included in the bid tabulations were more than 10 percent of the bid price per the bid specifications. Golden Gate Well Drilling, Inc. is the apparent lowest priced, responsible and responsive bid. COM has checked their references, plus has worked with Golden Gate Well Drilling, Inc on a previous Collier County welllicld construction project with satisfactory results. Therefore, COM and staff recommend award of the bid to Golden Gate Well Drilling, Inc. up to an amount not to exceed of $90,950 per well. The COM recommendation letter dated July 13, 2004 and the bid tabulation are attm:hed. The COM estimate for this project is $100,000 per well. FISCAL IMPACT: FY 04 funds in the amount of $294,791 are available under Project 70158. Replace Lower Tamiami Wells. The intent of the proposed work is consistent with the Water Capital Budget funds budgeted for FY 04 for Proje\.:ts 70158. as approved by the Board un September 18,2003. Source of funds is Water User Fees (412). GROWTH :\-lANAGE:\-lENT IMPACT: There is no impact on growth management related to this project. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-olTicio Goveming Buard of the Collier County Water-Sewer Disuict, award Bid 04-3683, Golden Gate Wellfield Reliability Improvements - Tamiami Wellfield Drilling Services, to Golden Gale Well Drilling, In\.:. up to an amounl not to ex\.:eed $90,950 per well. and authorize the Chairman to sign the standard County approved conU'act after review by the County Attorney as to form and legal suflkiency. Agenda Item No. 16C17 July 27,2004 Page 2 of 7 Item Number Item Summary Meeting Date COLLIER COUNTY BOAI~D OF COUNTY COMMISSIONERS '6e17 Recommendation to award to Golden GateWeii Dnllmg, Inc., Bid No. 04-3683, Golden Gate Wellfie,d Reliability Improvements - Tamlaml WeWield Drillng Services up to an amount not to exceed $90,950 per well; Project 70158 7127/200490000 AM Prepared By Karen d. Guliani. P.E. i>ublic Utilities Snnior Projoct Managnr 7113/20044:16:37 PM Public Utilities Engineering Appruved By ?Jmela Libby -">ublic Utilities Water Operations Manager Date Wdl"r 7114120046:50 AM 'Nater Dlr9ctor Date Apprllved By ,::t]ul ~attauscn ,->ublic Utilities 'N.t"r ;'14,2004 7:0B AM ;;:\te Apprmed By '-J n Wood .-\drninlstrativo SOPfic..:es ,J'.HGha::-;ing AyoJlt ,.Jurci1fising !'U:2004 ):32 AM Appruved By ;{oy d. Anderson. r'.::'. Public Utilities ?ublic Utilitios engineering iJiredor i)ato ,~ublic Utilities Engineenng 711412004 10:OB AM '3te'/e -,:arnell Jate Apprmed By ..\.dministrati'le "3ar/ices ?CJrcha3inglGeneral Svcs Director ?urchasinq 7/H/2004 10:16 ,.l.M Apprmed By -;-:'omas Wides ,"'uolic Utilitins Operations Director Date Pubjic dtilitins Op(~rations ;'14;20043:51 I'M Apprm'ed By .J'arrws 'N_ ;)eLJny ;:J'Jbli<.: Utilities Public Utilitios Administrator Jato Publi" Utilities Administration 7Ti/2004 4:03 PM AdministrativH Assistant Date Approved By ,'at Lchnhard County Manager's Office Office of Management & Budget 7/1512004 4: 37 PM Date Approved By Susan Usher :ounty Manager's Office Sonlor Management/Budget Analyst Office of Management & Budget 7119/20042:23 PM Approved By Michael Smykowski ':ounty Manager's Office Management & 3udget Director Date Jffica .of ,Management & 3udfjet 7,19/20045:01 PM : Jroes '/ Mudd Jote Approved By 30Jrd )f ':OUilW ':..]"lln:S':.;IOIl(lr:.:; '-:,)untV \1anaqer .; ..Jl..J"t'J 'Aanag(~r'.; Cffico : 202004 ):32 ,\M Agenda Item No. 16C17 July 27. 2004 Page 3 of 7 Bid 04-3683 "Tamiami Wellfield Dnlling Services. Due: July 13, 2004 Item 1 _Descriplioo___ Mobilization Unit Price lEA). $25,00000 Total Price (1) $25,000.00 1 a Site Work 2 Lnlt Price lEA) Total Price (1) ,Dnll nominal 6-inch diameter pllot hole Unit Price 1FT). Total Pnce (80) Ream hole to 20-lrIch diameter 4 Unit Pnce (FT) TotaJPnce (80) ! nstall1 2~ nch diameter production casH'9 UnltPnce (FT)_ Total Price (80), 5 .. . _GrolJt productionca.sil1g In place 6 UrIIl Price (BAG) _ un._ Total Pnce (100) Drill nominal 12.inch diameter hole With reverse air Unit Price 1FT) Total Pnce (50) 7 . Develop well Unit Price (HR) Total Price (10) 8 Step-drawdown test Unit Pnce (HR) Total Pnce 151 9 D,s,nfect well PrcJect Manager: Karl Boyer Date Posted: June 11, 2004 Mast/Golden Diversified Gate Hausinger $2,50000 $2,500 00 $50,000.00 $50,00000 $1500 $1,200.00 $30.00 $2,400.00 $12500 $10,00000 $2000 . $2,00000 $3000 $1.500.00 $15000 $1,500,00 $75000 $3,75000 10 . Standby time Unit Pnce (EA). $3,300.00 TotalPnce (1L_ $3.300.00 Unit Pnce(HR) Total Price (8) 11 Extra work ._.. . .._ __ . m $75.00. $600,00 12 - - -.-.---- .------.-.-- ......- Unit Price (HR) $150.00 __ n_ n . . _ ___ . TotalPrice I~) _ $1.200.00 . Complete wellhead and restore site .. Unit Pnce (EA). Total Price (1) TOTAL BID PRICE $45 00 $3,600.00 $75.00 $6,00000 $125.00 $10,00000 $25.00 52,50000 $75 00 $3,750.00 $350.00 $3,500.00 $35000 $1,75000 $5000 . $50 00 $300.00 $2,400.00 $300.00 $2,40000. $30,00000 $30,00000 $50.00000. $7000 $5,60000 $10000 $llOOOOO $10000 $8,00000 $50 00 55,00000 58000 54,00000 525000 $2,50000 525000 $1,25000 Jaffer $12.000.00 $12,00000. Schu~es _ Water Boyz -... -. $12,50Q(J~ $9,OO(J00 $12,50000 $9,000.00 $50,00000 __ ~O,O()(JQ(J_ 15nO,OOOOO $10400 $180.00' - -- ------- ------ - --.-.. $8,320.00 $14,400.00 $125.00 $170.00 $10,000.00_ $13,60000 $250.00 $20,000.00 $30.00 $3,000.00 $110.00 $5,500.00. $240.00 $2,40000 $600,00 _ $3,00000 $16000 $12,800.00 $50.00 $4,00000 $20,00 $1 ,600 (J() u . $80.00 $6,40000 $22.00 $30.00 $2,?QQ0.9__ SJ,OOOQQ $160.00___ $50.00 $8,000,00 $2,50000 $175,00 $200.00 _ $175000 __~2.Q00 00 $600_00 _$1,50000 $3,000.00 $7,500.00 -...- - --------- $1,50000 $3,000.00 $1,000.00 $3,90000 $1,50000__$3,O(J()(J0 _ $1QOOO(J_~,~0.9QQ $250 00 - --- $2,000.00 $250.00 $2,00000 $1000 $80.00 $100.00 $800 00 $14000 $1,120.00 ..$100,OQ $800.00 $150.00 $30000 u.'_2ll0 (JO_ __ $2.400.00 - - -- $11.000.00 $2,500.00 $2,50000 $4,50000 $7,500,00__$5,Q00(JQ $11,00000 $2,500.00 $2,50000 $4,50000 $7,500.00 $5,000,00 $113,45000 $90,95000 $122,350 00 $122,600.00 $129,07000' $98,100.00 Page 1 of 2 Notices Sent: 92 Packages Received: 6 Agenda Item No. 16C17 July 27, 2004 Page 4 of 7 Bid 04-3683 "Tamiami Wellfield Drilling Services" Due: July 13, 2004 . MA TERIALMANUFACTLJRERS LIST OF SUBCONTRACTOR~ .. _ .. _ STATEMENT OF EXPERIENCE OF BIDDER TRENCH SAFETY ACT CONFLICT OF INTEREin BID BOND _Addendum Acknowledqed(YIN) AgentLyn Wood Witness: Sue Hebbe Pro.lect Manager: Karl Boyer Date Posted: June 11, 2004 Mast/Golden Diversified Gate Hausinger Y Y Y Y Y Y Y Y ----.- .----- ---- Y Y Y Y Y Y Y Y _________u._._.__ Y y Y Y Y Page2of2 Jaffer Schu~es Water Boyz Y Y Y Y Y Y Notices Sent: 92 Packages Received: 6 Agenda Item No. 16C17 July 27,2004 Page 5 of 7 CDI\II 9311 College Par1<way, Su~e 1 Fort Myers. Fl33919 lei: 239-432-9494 fax: 239-432-9453 July 13, 2004 Mr. Karl W. Boyer Principal Project Manager Public Utilities Engineering Department 3301 Tamiami Trail East Naples, FL 34112 Subject: Collier County Bid No. 04-3683 Tamami Wellfield Drilling Services Recommendation of Award Dear Mr. Boyer: We have reviewed the bids received at the bid opening held on July 13, 2004, for the Collier County Tamiami Wellfield Drilling Services project. Six bids were received, however, the bids by Diversified Drilling and Hausinger & Associates were non-responsive because the mobilization costs included in the bid tabulations were more than 10 percent of the bid price per the bid specifications. A summary of the bids received is presented in the table below. Bidder Base Bid Price 1. Golden Gate Wall Drilling Inc. $90,950 2, Water Boys International I $98,100 I 4, Diversified Drilling ! $113,450 4, Hausinger & Associates Inc. $122.350 2, Jaffer Associates $122,600 6, A.C. Schultes of Florida Inc. $129,070 The engineer's opinion of probable cost for construction is $100,000 per well. Based upon our review we consider Golden Gate Well Drilling Inc. the lowest priced, responsive and responsible bidder with a Base Bid Price amount of $90,950. This includes a cost of $50,000 per well for site work, which is an allowance and will be negotiated with the selected bidder for each well site. Each of the bidders attached a bid bond in an amount of 5 percent of the base bid amount per the instructions included with the bid documents and upon review it appears that all of the bids are mathematically correct. Agenda Item No. 16C17 July 27, 2004 c 'AdLb eXpressworl<'.rad~~&bf 7 CONI Mr. Karl W. Boyer July 13, 2004 Page 2 Golden Gate Well Drilling Inc. is the apparent low bidder. We worked with Golden Gate Well Drilling Inc. on a wellfield construction project for Collier County approximately two years ago that included the installation and testing of five wells with total depths of up to 125 feet below land surface. Golden Gate Well Drilling Inc. performed well on the Golden Gate Wellfield Reliability Improvements 28-32 project and we believe they are qualified and capable of doing the proposed Tamiami wells in a satisfactory and timely manner. We recommend that Collier County award a construction contract for the Tamiami wells to Golden Gate Well Drilling Inc. in the amount of $90,950 per well. Please contact me if you have any questions or require additional information. Sincerely, Wm. Scott Manahan, P.E. Water Resource Engineer Camp Dresser & McKee Inc. c: Don Lindeman, COM L yn Wood, Collier County Agenda Item No. 16C17 July 27, 2004 C 'A:!I..:b eXor"ssw~",rOfd'1 .- EXECUTIVE SUJ\llVIARY Recommendation to approve a Work Order, under Contract # 01-3271, Fixed Term Professional Engineering Services ror Coastal Zone Management Projects, with Taylor Engineering for the 2004 Monitoring or Marco Island, Project 90542, in an amount not to exceed $78,916 OBJECTIVE: To obtain the Collier County Board of County Commissioners (BCC) approval to execute a work order with Taylor Engineering to perform the 2004 Monitoring of Marco Island, which entails performing beach surveys for Marco Island (from Tigertail Beach to Marco Island South Beach), the breakwaters west of Marco Island South Beach, Caxambas Pass (south of Marco Island), and Kicc Island (south of Marco Island), and providing an engineering report. CONSIDERATIONS: On October 14, 2003, Agenda Item 16A 17, the BCC approved fiscal year 2004 Tourist Development Council (TDC) Category "A" grant applications for Clam Pass MonitOl;ng, CountylNaples Beach Monitoring, Hideaway Beach Monitoring, Marco Island Monitoring (subject project), and Wiggins Pass Monitoring. The Marco Island Monitoring 2004 project was allocated a budget of $86,000. On December 16, 2003, a TDC Category "A" funding policy was adopted by the Board [Agenda Item lOKI. The policy allows the use of TDC funds for activities supporting beach renourishmcnt. .-.. The City of Marco Island has requested that monitoring be performed. Marco Island is typically monitored in the September-November time frame and was last monitored in 2002. On February 27, 2004, Taylor Engineeting submitted a proposal to perform the subject project for $78,916. On April 8, 2004, the Coastal Advisory Committce (CAC) rc<.:ommendcd approval of the $78,916 proposal, and the TDC followed suit on Apt;1 19, 2004. FISCAL IMPACT: Funds in the amount of $86,000 arc availablc in the Marco Island Monitoring 2004 Project (905421). The source of funds is the Tourist Development Tax (Fund 195). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida authorize the Public Utilities Administrator to finalize negotiations and execute a work order for the 2004 monitoring of Marco Island, in an amount not to exceed $78,916. .- Agenda Item No. 16C18 July 27,2004 Page 1 of 7 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS ,- Item Number 16C18 Item Summary Recommendation :0 approve a Work Order, under Contract # 01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management ProJects, with Taylor Engineering for the 2004 Monitoring of Marco Island, PrOject 90542, in an amount not to exceed $78,916 Meeting Date 727/200490000,':\'M Prepared By P3ul Kwa PrOject Manager 719120041:33:32 PM Public Utilities Public Utilities Engineering Appruved By ~oy 3, Anderson, P.E, Public Utilities Engineering Director Date "ublic Utilities P'Jolic Utilities Engineering 71111200411: 19 PM Approved By Lyn Wood Purcnasing Agent Date Administrative 30rvices Purchasing ',1c\i2004 830 AM Approved By Steve Carnell r'urChasingiGcncral SVGS Director Oate .~dminlstrati\jo Scr/iccs Purchasing ?'1c\i2004 3:59 AM Appruved By Thomas\JVides ,JoenHions Oirector Date ?'Jblic Utilities Pubiic Utilities Operations 7/14120048:45 PM Appruved By J;une:, 'N 1),~Lony ."'Jblic Utilities i\dministrator ')ate P'jblic Utilities ?ublic Utilities Administration 7115120043: 09 PM Approved By :'3t L~hnnard Administrative Assistant Date County Manager', Office Office of ,'J1anagement & Budget 1115120044:39 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 7/1612004 8: 45 AM Approved By Michaei Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/19/200410:45 AM Appruved By Jlmes V Mudd County Manager Date :l'Brd of County :0mmIS.lI0ner5 C "unl'/ \I1anager's Office 7/19120041:50 PM ..\pprO\ed By ~.on ,;ovcll 30ecial :>.ojeclsV1anagcr Date ")'Julie Utilities :" HlIIC. tllitics Engineering 19/20042:25 PM Agenda Item No, 16C18 July 27, 2004 Page 2 of 7 A IT ACHMEl'l'T A Scope of Services for 2004 Monitoring of Marco Island Beaches and Breakwaters and Caxambas Pass Task 1 Collection and Quality Control of Survey Data Based on the scope of past Marco Island beach monitoring studies, we propose to survey onslDre and offshore beach profiles of ~larco Island · along every FDEP monument from R-128 to R-148, and · intcnnediate profiles PI-59 and SOl through SD4. Based on the scope of past ~larco Island breakwater monitoring studies, we propose to survey · five onshore and offshore beach profiles G I through G5 · ten onshore and offshore breakwater tr.msects (HM 21 through HNl 30) Based on the scope of pa'it Caxamba<; Pass monitoring studies, · we will pcrforrn a hydrographic survey of Caxamba<; Pass bounded in the east-west direction by the inlet throat and the offshore 15-ft water depth contour and bounded in the north-south direction by the ~'[arco Island south end seawall and transect Kl on Kice Island. The northern half of the survey domain will be surveyed north-south at lOO-ft line intervals, the southern half of the domain will be surveyed north-south at 400-ft line intervals, and the entire domain will have ea<;t-west lines at 600-ft intervals. · We will also survey two onshore and offshore beach profiles K 1 and K2 at Kice Island. We will also collect beach profile topographic and hydrographic data at R143.5, RI44.5, R145.5, RI46.5. and RI47.5. These data will help the county in the preparation of design documents for the proposed South Marco Island beach restoration project. We do not propose to use these for any beach monitoring analysis. Agenda Item No. 16C18 July 27, 2004 Page 3 of 7 All new beach profile and bathymetric survey data, collected according to the FDEP survey guidelines, will be certified by a Professional Land Surveyor registered in the State of Florida and presented in a fonnat acceptable by the BBWR. Survey elevations will be referenced to NGVD. We will also visit the project area to observe the general health of the beach and dune system. Cost Ta"k 1 $44,455.00 Task 2 r-.larco Island Beach Analyses This task addresses beach changes along FOEP proliles R-128 through R-148 and profiles PI-59, SO 1 through S04. Shoreline Positions and Changes We will compute shoreline positions for 2004. We will compute changes in shoreline positions for the following periods - November 1997 post-fill to 2004 and September 2002 to 2004. We will compare these changes \.,:ith previously computed changes for 1990 pre-fill to 1991 post-fill, 1991 post-fill to September 1996 post-breah:water, and 1996 post-breakwater to November 1997 post-fill to evaluate the overall performance of the 1991 and 1997 beach fills and the 1996 breakwaters in the context of recent shoreline changes. Beach Volume Changes We will compute changes in beach volume for the following periods - November 1997 post-fill to 2004 and September 2002 to 200t Beach volume changes will be computed separately for the dry and wet portions of the beach. We will compare these changes with previously computed changes for 1990 pre-fill to 1991 post-till, 1991 post-till to September 1996 post-breakwater, and 1996 post-breakwater to November 1997 post-fill to evaluate the overall perfonnance of the 1991 and 1997 beach fills and the 1996 breakwaters in the context of recent beach volume changes. Results Agenda Item No. 16C18 July 27, 2004 Page 4 of 7 We will use the shoreline change and beach volume change analyses to define the long-term and short -tenn behavior of the 1990/91 and 1997 beach ftlls and the present state of the beach. Cost Task 2 $8,616.00 Task 3 Breakwater Analyses This task addresses beach changes south of FDEP profile R-145 and includes profiles G 1 through G5 and I-LVI 21 through HM30. Shoreline Positions and Chan!!es We will document shoreline positions for G 1 through G5 for September 1996 post-breakwater, November 1997 post-fill, September 2002, and 2OJ4 conditions and also compute shoreline position changes between each of these surveys. Kate that previously computed September 1996 post-breakwater, November 1997 post-fill and September 2002 shoreline positions and relevant changes will be directly used in this analysis. We will compute shoreline positions for ITh'I 21 through HM 30 for the November 1997 post-fill, September 2002, and 200t conditions and also compute shoreline position changes over the time periods. Beach Volume Changes We will compute changes in beach volume for G 1 through G5 for the following periods - November 1997 post-fill to 2004 and September 2002 to 200t. Beach volume changes will be computed separately for the dry and wet portions of the beach. We will compare these changes with previously computed volume changes for the period 1996 post-breakwater to November 1997 post-ftll to ascertain the performance of the 1996 breakwaters and 1997 beach flll. We \vill also compute changes in beach volume for HM 21 through HM 30 from November 1997 post-fill to 2003 and September 2002 to 2004. Again, beach volume changes "vill be computed separately for the dry and wet portions of the beach. Agenda Item No. 16C18 July 27,2004 Page 5 of 7 Results We will use the shoreline change and beach volume change analyses to define the effects cfthe breakwaters on and the present status of the fronting beach. Cost Task 3 $6.435.00 Task 4 Caxambas Pass Analyses This task addresses sand volumes and changes in the inlet and its immediate vicinity. Through digital terrain modeling, we will create a three-dimensional surface to develop contour representations of the Caxambas Pa"s bathymetry for 2004. We will use the 2004 and p-eviously computed surfaces to create elevation change contour plots for the April 1991 post-till to 2004, November 1997 post-fill to 2004, and September 2002 to 200t conditions. We will divide the pass survey domain into logical compartments (e.g., the 1990 and 1997 borrow areas would be two compartment) and compute sand volume changes in each compartment over the key time periods. We wili compute shoreline positions for K I and K2 for October 1990, April 1991, September 1996, November 1997, September 2002, and 2004 conditions. We will compute changes in shoreline positions between the successive surveys. Kote that previously computed October 1990, April 1991, September 1996 post-breakwater, November 1997 post-fill and September 2002 shoreline positions and relevant changes will be directly used in this analysis. We will compute beach volume changes for the following periods - November 1997 post-fill to 2004 and September 2002 to 200t Beach volume changes will be computed separately for the dry and wet portions of the beach. We will also use previously computed volume changes for 1990 pre-fill to 1991 post-fill, 1991 post-fill to September 1996 post-breakwater, 1996 post-breakwater to November 1997 post-fill to document the long-term behavior of the 1991 and 1997 beach fills and 1996 breakwaters. Results Agenda Item No. 16C18 July 27, 2004 Page 6 of 7 We \vill use the bathymetric analyses to define the areas and rates of a:cretion and erosion in C axambas Pass. Infonnation on infilling rates of the 1990/91 and 1997 borrow rates as well as the geometries of present shoals will be of significance for designing future borrow areas. We will use the profile analyses for K 1 and K2 to develop an understanding of the long-tem1 behavior of the northern Kice Island shoreline. We will relate the results of Tasks 2, 3, and 4 to define sand pathways and the interrelationship of the interconnected system of r...larco Island beaches, the breakwaters, Caxambas Pass, and northern Kice Island. Cost Task 4 59,l68JX) Task 5 Report We will prepare a draft report describing the methods and results of the study. We will submit fi ve copies of the draft report to the county for review and comments. We will also present the study findings to the county at a meeting in Naples. We will address all comments to the greatest extent possible and prepare and submit 15 copies of the tinal report to the county. We will also provide the county a copy of the raw survey data. Cost Task 5 51O.242.m Total Proje~t Cost $78.916.m Summary We will complete the above-defined scope of services for a fixed lump-sum amount of $78,916.00. Agenda Item No. 16C18 July 27,2004 Page 7 of 7 --- EXECUTIVE SUJ.\tLvIARY Recommendation to approve conveyance of an Easement to Florida Power & Light Company required in conjunction with the construction of a new Solid Waste Operations Center at a cost not to exceed $18.50, Project Nwnber 59005. OBJECTIVE: To secure Board of Cuunty Commissioners' (Board) approval and execution of the attached Easement required in order for FPL to relocate its facilities now serving the Naples Landfill. CONSIDERATION: The Solid Waste Management Department will be constructing a new Operations Center on County-owned property south of the Naples Landfill at the approximate location inuicated on the attached aClial. FPL power lines cun'ently located along the easterly side of the landfill entrance :.u'e in contlict with future road widening plans and lie too closely to the proposed location of the ncw structure. At the County's request. FPL will therefore relocate its facilities to the west side of the entrance road within the casement area describeu on Exhibit "A" of the attw:hed Easement. Whereas the County is required to pay FPL approximately $25.000 to relocate its facilities. thc amount is less than thc costs the County would im::ur in changing the lOl:alion of the Operations Center. _. The casement :.u'ca measures ten fcet in width and contains approximately one-third of an acre. The County will not be paid for this conveyanl:e bec.::ause FPL's agrcement to reloc.::ate its fac.::ilities is c.::onditional upon the County granting the Easement. Real Estate Servic.::es' staff appraiser valued the casement arca at $220.00. This request and easement uo\.:ument have been reviewed and approved by the Solid Waste Management Department and the County Attorney" s Offke. FISCAL IMPACT: The total cost to record thc casement will be $18.50. The amount of $25,000 for FPL to relocate its elccuic radlitics is included in the Opcration Ccnter's construction budget. Funding is available in Solid Waste Disposal Fund (470). GROWTH MANAGEMENT LVlPACT: This project is consistent with the Growth Management Plan. RECOMi\1ENDA TION: That the Board of County Commissioners: 1. Approve the attached Easement and 2. Authorize Chailman Fiala to execute the Easement on behalf of the Board; and 3. Authorll.e staff to rccoru the Easement with the Clerk of C011l1s in the Pub iiI: Records of Collier County. Florida. .-, Agenda Item No. 16C 19 July 27, 2004 Page 1 of 5 COLLIER COUNTY ,,0,,1,0 OF COUNTY COMMISSIONERS Item Number ')c;:~ Item Summary P~CCC1'Tecjat:on to aoprove conveJance of In Easement to F'orida Power 8. L 'J~t COC1'pany required In cGnJuncton with the construction of an 'rrproved Sj ,d 'i/aste Operations Center at a cost not to exceed 518,50 Project Numoer 5S<05. Meeting Date 7272'):")4 90000 A~,I Prepared By lomas C'eU3d ?r~perty Acquisition .3peciJiist 7'9/2004 11 :29:10 AM ~dministr]ti'le Sar/ices ~9al Sstate Ser/ic.es Appr()v~d By .... ." )~'-)r,~ f ::r;"'1<1Z .3,) I Nasta Jirector DJ'e -; :i..: 'Jt;/It:(~S ") Jj: NJSW '" ~:2004 3 "8 AM Appr()\~d By Jnu.;; _i\Jij(~S J;.wr:i~i JiH ')ir'H.:tor :>nu :; '.J i..: ,;..: .... t:! i t.; ~:. ~ )'.,VI:": :jtiljti(~s OlJ,!r:ltions --~J"-::004 3:J3 ,}~Jl Apprllnd By ) ,i<;1:';, N::!I. Jilj ).... c. i~J t:i tl:~ ;;.\jmii 1 Isrn tor 'J:_tW ::J ' J ;) j i r. ~.. t: ~ it; ~'i ,j'..h;ic Utilities ,,),':tministfJtion ,:', ~ Si200 !1::.2 :1\11 Apprllv~d By Jit i~ lll,'n'1(J . \. j j ;-"i 11 i:... ,f:i (r.j~) ).,:; :;! ,;Lirlt )::ttn -: )'.1:'.'i \L1n.),(]er' ::rf:--:8 '::',-<.>~ 1T ,\;1.J(1Jqam3ilt ~.. 3ucl'-l'et '" ),~]f) ~ 1: 17 :~~ Appr,,\'~d By ......J' "h~;-?en","lJlcl "!]r~,lqement(9uc!'let .-4.rlJI'i3t )Jte :'),1r~l .)f :.)un..y .:: j,n.;-"'-;";ion:~r'..; .>~i,..:~ :.:If \ILH1;ild:~ITl(:J1! ~ -3ud'~Dt 7'L3;':C0410:0,) \ I\'I Appr()\'~d By 'Jlic;h;:tel Srryk:.:;w:-;ki \JL-1j1Jf:J(~m(mt 1 audgot iJiruGtor ,)dt:l 2vUiHj' "/!:-m::EjerJ,...; Offise CfficD :)fJ'kH1a9~:rnont 1 '3u~(J{}t ;~ :3/20042:-.33 ;-Hvl Approv~d By J:-tnws V. Mudd :':vL..llty1il::\rlagcr iJ i--t to 30drd of County : ommi3sioners County Manager'3 Office 7/20120049:45 AM Approved By ::iL-Hios E. C.urington, Jr.. S;=?,o ,",eal ~3tate Ser/ices Manager Cate HI!., ,l jmin i....trativo SoriiGus ,; ~'..:,;.ti(:s Mandg{~mcnt 7'9/2004 11 :43 AM Approved By :""~nl,-\. Matt :~:~;:il--'roperty SUfJ()fvisor :Jato \ jqlf1,;;..;(r"-ttivo 3r)r'fi~~;s ~ i..:,;;tiC's \rlanaYl;m()IH , 9'2'004 1225 ,'M Apprn\~d By ';:-;,p .:.:UTI!J, c.~ '.1. .: -l";l~i ; ~--) \Llna(~j(Hnorlt )imctor J:iW -..("';ii.:;:r:;"j';2 ),:!!""/iC23 ~ 3 'A ,v--: J ,v~r:-" 2'H ~ .),~~:]4 I. H~'A Agenda Item No. 16C19 July 27. 2004 Page 2 of 5 EASEMENT Form 3722-A (Stocked) Rev,7/9-l C\[ai:ltained by Property Appraiser) Prepared By: Name: Varlam Molina Co, Name: FP&L Co. Address: 4105 S.W. 15th.Ave. Naples, FI. 34116 Work Order No. 893802 Sec. 36, Twp. 49, Rge. 26, Parcel 1.0. 00298520004 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration. the adequacy and receipt of which is hereby acknowledged. grant and give to Florida Power & Light Company. its licensees, agents. successors. and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities <including wires, poles, guys, cables. conduits and appurtenant equipment) to be installed from time [Q time: with the right to reconstruct. improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width. described as follows: An FP&L Company easement more particularly described on Exhibit "A" attached hereto and made a part hereof. Said easement prepared by Thomas E. Rhodes of Rhodes & Rhodes Land Surveying, Inc. Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times: the right to clear the land and keep it cleared of all trees. undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak. leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution: and further grants, to the fullest extent the undersigned has the power to grant. if at all, the rights hereinabove granted on the land heretofore described, o\'er, along, under and across the roads, streets or highways adjoining or through said property. [\1 WITNESS WHEREOF, the undersigned has signed and sealed this instrument on this _ day of ,2004. Board of County Commissioners Colliel' County. Florida By: Donna Fiala, Chairman 3301 Tamiami Trail East Naples. Florida :34112 Attest: Dwight E. Brock, Clerk 3301 Tamiami Trial East Naples, Florida 34112 Approved as to form and Le7kt:Y; rd ~ 2i/en T. Chadwell, ASS/Slam County Actomey Agenda Item No. 16C 19 July 27, 2004 Page 3 of 5 r-. 00'" 3'17" 'N ,- 7000' '\'''''' ---, V,~7 ' l..~'1IL j :II :::: ~ .,tg iJ! """ 1"'-"'. , '" ~ ....... i I t I EXHIBIT --8-... Page.-1- of--!....-- ~ r--- ~--- ~ i!5 50 101 GRAPIot[C SCALE ~o, U1~ CO~ :1: rC{}'l111 ~ p'l ,11 r ...~ '."'!. I I J. i is .." It..., //s 3 " i":~=~5=====C===="====:=====C==' ='=~"'~;!==~~~;=="====:=====~====3==_,=:=====~~"~~~=/~:_ I ---::~ ~ o.r I LEGAL DES:~TDTfCN (la' \JIDE PROPOSED EASEMENT) BEiNO PAR T OF OF Sf:C T ION 36. TOIINSHIP 49 sou T4, RANGE 26 f:AST, OF rlif: PUBLIC R~CORDS OF COLU~R COUNTY, FlORIDA, 8f:ING YORE- PARnCUI.ARL Y O~SCRIB~D AS FOLLOWS. 7-A--.- 1:. ~.5e '~OMAS E R~ODES SKETCH AND DESCRIPTION SRPSM .585' eSlgru I I I I i COIJ"~NCiIlO A T "'~ SOU rliOf:ST CORN~R OF SAID xcnON 36 THEIICE N. 00'/1'/r II ALOIIG me NORTH R/G4T-IJF-"AY UNe OF INTeRSTATe 75 FOR A OISTANCt OF 20M F(Ui THeNCe ;:ASTeRLY ALONG r4( SA/O RiGHT-OF-liAr S, 89'/5'03' (, FOR IJ80.65 FeU TO rliE POINT OF BeGINNlNO; r4(NC( CONTlNU( S, 89'15'03' (, FOR 8929 Fru; THrNC( N, 41"11'54' (, FOR 41.94 F(U; THeNCe N. ,0'45'46' '" FOR 862,42 F(Ui r~ENC( N. /2'51'39' ( FOR 299,02 Ff:U TQ THe POillT OF r~RI4INUS THA r un 5 F(U eAC4 SlOe, SU8J!:CT ro ~AS(lJeNT ANa R~STRIC nONS OF ReCORD, 8~ARINOS AR~ BASEO ON THe NOR"'" RI04r-OF-WAY L1N~ AS BClNG NB915'03'W, B' CERTIFIED ra: ~iHr HASl<INS; r~~~: ch.rr;~.(tl OCOd_"~. V'.~'t()T "'OJ~c:t.: 2004-IU5iJ s ..,-., 1 F 1 IT. j, 2004-65~ - IC. . IoI\.SIS r:J1 ........ ell 'CtJrlT~DC no.. .. rLOttQA IOQ\IO ..... LIQ.T ......, ~O":'.~:FCl:JIIClIICOOT "lU.'lIQDl17Wli~ ,.~ . ~n~ uvt'l1lt ---- IV.... .lfIOlolrr7...."'\..K d~~r'v 3 ."'" sc~le' 1" :II: 100' cogo 0:~67S 1<'0 RAIL HeAO 8auL~VARO, I' NAPUS, FLORIDA 34" 0 '2)91 59)-0570 (239) 593 0581 FAX ~ ~R400eS Jr RHODeS LAND SURvtYlNG, INC. L/UNS~ itS 6897 Agenda Item No. 16C19 July 27, 2004 Page 4 of 5 Solid Waste Management Proposed Operations Center Site - ..-..'... ~{~ ~~1i-:.."-"- m'-).-: -;:....: .' 'J."~$' 'f.,fi~~~, ;;:'li:J: <<;. .~ ",~)I'I~ ~ . C~rig Irl IC) 2002 Coil;', Co. nly Property 4pp"'...' - W.... FI. L - -.------.---- - ..- - ~.-- --- Agenda Item No. 16C19 July 27, 2004 Page 5 of 5 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment for $250,000, and authorize Public Utilities Administrator to execute Work Order # PSI-FT-04-02, to PSI, Inc. under Contract No. 03-3427 "Environmental Engineering, Remediation and Restoration Services for Collier County" to complete Phase I of The Cells 1 and 2 Restoration project at the Naples Landfill in an amount not to exceed $250,000. OBJECTIVE: To amend the Solid Waste Capital Projects budget for the amount of $250,000, and issue a work order to commence the Remediation and Restoration of Cells I and 2 at the Naples Landfill. CONSIDERTIONS: On June 24, 2003, the Board of County Commissioners approved Agenda Item 16 C 1, which provided two functions: (1) approval of PSI, Inc. to pelform Task 1, which is The Reclamation of Cells 1 and 2 Project; and (2) establishment of a fixed-term contract with a fiml for "Environmental Engineering, Remediation and Restoration Services for Collier County"; PSI, Inc. was the selection. The notice for these actions was titled RFP 03- 3427. Task 1 is the entire scope of reclamation work at Cells] and 2. It consists of Phase 1 (for which this executive summary is being submitted) and Phase II, the major field operation portion of the work. Cells I and 2 occupy approximately 32 acres located in the northeast comer of the Naples Landfill. These are the original cells that started receiving solid waste when the landfill opened in 1976. The cells are set approximately three feet into the ground and are unlined. Cell 6 is scheduled to be closed in May 2005. Construction of new, lined, solid waste cells has begun with the completion of Cells Al and Bl, south of the closed Cells 3 and 4. Constmction of new cells will proceed north, eventually reaching the site of Cells I and 2. In order to utilize the site for new cell construction and also prevent any future ground water contamination, the site must be environmentally remediated and restored. During the regular meetings of March 27, 2001 and June 12, 200 I, the Board of County Commissioners directed the Solid Waste Management Department (SWMD) to exercise the option to remediate and restore the Cells 1 and 2 areas, and the gun range at the Naples Landfill. The gun range remediation was completed in January 2003, below budget and ahead of schedule. Restoration and remediation will consist of the site being mined; the solid waste and fill material are to be separated. The solid waste material will then be further separated into C&D material, white goods, tires, and trash. The non-recyclable trash will then be ~ Thrr- ~. Ibe.2D .:rol~ 2.'1 f 1co4 ~lofl3 transported to the working face of the Naples Landfill and the other material will be transported to appropriate Solid Waste Facilities for recycling or disposal. Fill material recovered during this operation will be used as daily cover on the working face. The entire project will be phased over two years so it can take place during the dry portion of the year. Phase 1 of the project consists of site preparation, planning, and permitting. Upon completion of Phase I, the SWMD staff will return to the Board of County Commissioners to repOlt on progress and seek authorization for subsequent Phases. Currently, the reclamation fieldwork activities portion of the work is planned as Phase II, and PSI, Inc. as stated, will be the consultant as a result of the BCC decision regarding "Task 1" of RFP 03-3427. FISCAL IMPACT: The initial estimated fee to perform this work has been quoted at $249,794 and a budget amendment in the amount of $250,000 is required to fund this project. The funding, which comes from the Solid Waste Disposal Fund 470, was budgeted and approved by the Board of County Commissioners at the Budget Hearing of September 18, 2003. The budget amendment will move the necessary $250,000 from the Solid Waste Disposal Fund 470 (an operating fund) to the Solid Waste Capital Projects Fund 474, as required for design and construction projects. GROWTH MANAGEMENT IMPACT: This action, remediation and restoration of old Cells I and 2, is consistent with the Growth Management Plan as reported in the Annual Utilization & Inventory Report (AUIR); it creates addition of Landfill Air Space for future demand. RECOMMENDATIONS: That the Board of County Commissioners authOlize the Public Utilities Administrator to execute a work order with PSI, Inc. to perform Phase I of the "Cells I & 2 Environmental Restoration", not to exceed $250,000, and approve the required budget amendment. ~a. I~fh t'-b. IbC2D 3ul~ 2'1, 2OY-f ~ 2.. of- (~ .' Work Order # PSI- FT -04-02 #552-G4059 Phase 1 of Naples Landfill Cell 1 and 2 Reclamation Project Naples, Collier County, Florida Collier County Contract # 03-3427 This Work Order is for Phase 1 of the proposed Naples Landfill Cells 1 and 2 Reclamation Project, subject to the terms and conditions of the Contract referenced above. for work known as: Project: Phase 1 of the Proposed Naples Landfill Cell 1 and 2 Reclamation/Restoration Project, Collier County, Florlda~ ProJect Backaround: Collier County desires to reclaim Cells 1 and 2 located in the northeast comer of the Naples Landfill for future construction of a lined municipal solid waste disposal cell. The 32-acre area is composed of a 2-acre former gun range, a 10- acre area previously reclaimed, and a 2Q-acre area containing Cells 1 and 2. A proposal for Cells 1 and 2 Reclamation/Restoration datedSeptember.22,2003, discussed two options to meet Collier County objectives. Of the tWo options presented, PSI recommended and Collier County selected the option using maximum recycling due to the lower overall cost. The selected option involves the excavation of the trash and debris from Cells 1 and 2, loading and transport of this material to a staging area, and screening to meet regulatory and recycling objectives. Following ..screening. operations, the trash and debris will be reloaded onto trucks and transported to the active cell at the Naples Landfill. Phase 1 of the project, which is the same for either option, involves planning, permitting, investigation, testing, and preliminary construction of required facilities prior to the start of active excavation and processing. Apdo. I~ ~. IbC2D .:JlJ ll{ zl"J I zroL( +bee.. '3 of- t3 -; Phase 1 Cells 1 and 2 Reclamation Naples Landfill, Collier County, Florida Work Order # 552-G4059 March 30.2004 Page 2 Phase 1 Project Planning, Design, Construction, and Permitting Task 1 - Preparation of Reclamation Plan PSI will prepare a Reclamation Plan for Cells 1 and 2 at the Naples Landfill. The Plan will outline the specific remedial technology to be used to remove the material contained in Cells 1 and 2. The Work Plan will address in detail the alternative selected by Collier County and will address landfill gas, potential contaminants, odor, leachate, and dust control. Mining/Excavation/Processing Plan - The layout of the site will be established including haul roads, mining plan, location of equipment, power drop. office trailer and parking, pumps and piping for leachate control, location of odor control equipment, source of water for odor/dust control, and provisions for emergency first aid. The model and size of equipment required will be detailed. A mass balance will be calculated for future comparison to actual volumes produced. Traffic management through landfill entrance, scales, haul road, and at the active face will be addressed. Additional elements of the Work Plan wilt evaluate the capacity of the active cell to receive material removed from Cells 1 and 2, and the determination of impact on Waste Management's operations. Control methods will be established to determine the percentage completion on a monthly basis. Documentation formats will be prepared forrnonthlyreports of debris, soil, tires, foliage, concrete, steel, leachate disposal, odors, and dust. The Work Plan will also include support services for public notification/public relations associated with scheduled reclamation work. This could include developing Facts Sheets and Communiques issued to neighboring residents. Odors - During previous excavation of test pits, any odors encountered could.be generally characterized asa musty odor. Any future excavation work of Cells 1 and 2 is not expected to produce an odor problem. However, the use of foggers and odor mitigating agent could be incorporated into the plan as a contingency. Moreover, a daily cover using plastic tarps will be designed for the excavated areas to prevent wind borne debris. Dust - During test pit operations in Cells 1 and 2 there waS some dust produced during very dry weather conditions and almost no dust produced after seasonal. rains began. During any future handling and storage, the excavated material could dry out and thus produce nuisance dust. Accordingly, dust control may be required during any future reclamation work during seasonally dry weather. ~ ~ f\b. lbC2c T01~ Yl1 LCD4 ~.. Lt o{.B Phase 1 Cells 1 and 2 Reclamation Naples Landfill, Collier County, Florida Work Order # 552-G4059 March 30, 2004 Page 3 Landfill Gas - Landfill gasses were monitored during test pit work in compliance with PSI's Health and Safety Plan. Monitored gas from the excavated material exceeded the threshold values in the Health and Safety Plan for C02 at test pits B-3, C-6. D-4, D-6, and E-5 in pockets of material in the trackhoe bucket. Measurements downwind from the excavation, however, did not produce CO2 above background levels. Hydrogen sulfide gas (H2S) was not encountered in any of the test pits. A combustible gas reading of 36 percent of the Lower Explosive Limit (LEL) was recorded for test pit 0-5. This reading was taken within excavated soils in the trackhoe bucket where dilution from the surrounding air can occur. In-situ LEL readings at this location may be higher. Methane was encountered at several of the test pits. Accordingly, it is recommended that vapor-monitoring points be installed in the vicinity of 8-4, 8-5, 8-6, 0-5, E-5, and E-6 to determine the extent and levels of landfill gas. These readings will be needed to evaluate the impact from landfill gas during any future reclamation activity. Toxic Substances - Environmental soil sampling did not show any adverse effects from constituents in the landfill wlth the exception of benzene at Sample 0-5 and benzo(a)pyrene found at Sample E-6. The concentration of benzene in Sample 0-5, 0.024 mglkg, is above the SCTL for leachability of 0.007. mg/kg. Although there is a possibility that leachate from the landfill in the vicinity of 0-5 could exceed the groundwater cleanup target level (GCTL). this location is well within the zone of discharge of the landfill. The current Groundwater Monitoring Plan wiU provide monitoring of any impact in this area. Additionally, water encountered during the reclamatIon could be pumped to. the leachate collection system and treated accordingly. The co.ncentration ofbenzo(a)pyrene in Sample E-6, 0.53. mg/kg, is slightly. above the direct contact industrial limit for benzo(a)pyreneinsoil established at 0.5 mglkg. The FDEP generally applies the direct contact cleanup standard to the upper two feet of soil. Accordingly, during any future landfill reclamation activity near E-6, the soil should be monitored for benzo(a)pyrene. This will ensure that benzo(a)pyrene impacted soil is not used for final cover within two feet of the surface. . Leachate Control - During the rainy season an accumulation of water within Cells 1 and 2 is anticipated. Proceduresfor addressing this water will be covered in the Plan. This may include pump~ng. filtration, and temporary impoundment. ~ I~ t{o. \bC~ .JU (If '2.1"j r 200Q lOge.So~ l3 Phase 1 Cells 1 and 2 Reclamation Naples Landfill, Collier County, Florida Work Order # 552-G4059 March 30, 2004 Page 4 Task 2 - Health and Safety Plan The site specific health and safety plan will address personal protective equipment, vehicle operation within speed restrictions, vehicle and equipment safety, dust, landfill gas, trips and falls, environmental hazards including snakes and alligators, and medical prescreening of workers. Task 3 - Regulatory Permitting Issues Existing regulatory permits will be reviewed to determine applicability and specific provisions pertaining to the reclamation of Cells 1. and 2. Contact will be established with Waste Management and appropriate regulators to ensure that all applicable permits and approvals are in place before starting work. Task 4 - Landfill Gas Assessment PSI will install a total of 12 vapor monitoring points using Geoprobe direct push technology in the areas where landfill gas (LFG) was detected during the previously reported Site Characterization which is included herein as an Attachment. The vapor monitoring points will be installed to the base of the caprock and will be screened from maximum depth to within 2 feet of the surface. Following installation, the monitoring points will be assessed using a calibrated explosion meter for the presence of methane~ oxygen, carbon dioxide, and hydrogen sulfide. The depth to water and air temperature will also be recorded. Readings will be taken monthly for a period of six months and the results will be summarized in a report. Task 5 - Leachate Pump Test PSI will excavate a de-watering pit within Cells 1. and 2 at a location near the vapor monitoring points for the purpose of conducting a leachate pump test. A leachate pump test will produce valuable information on the effectiveness of pumping in a localized area during remediation operations. This information will help to minimize the volume of leachate that is pumped to the POTW. The depth to water will be measured in the pit and in the monitoring points prior to starting the test. The test wiUconl;>ist of pumping waterata predetennined rate for a period of four hours. During the four-hour period the depth to water will be recorded every 10 minutes in the surrounding monitoring points. . The water.. will be discharged to an infiltration area at. a sufficient distance from the test location. Following the termination of pumping, the recharge will be monitored for a period of 2 hours. The results will be summarized in a report. ~~N:>.\bC2D J"v(~ z'l, uoL( lO.ge. b &- (~ Phase 1 Cells 1 and 2 Reclamation Naples Landfill, Collier County, Florida Work Order # 552-G4059 March 30, 2004 Page 5 Task 6 -Install Electrical Power PSI proposes to install electrical power from the existing power line that runs adjacent to the processing area. The power will be used for the field trailer, the scale, and the dustJodor control foggers. Task 7 - Move Existing Scale to Processing Area The existing landfill scales will become surplus upon completion of a new scale system at the Naples Landfill. It is proposed to relocate one of the eXisting scales to the reclamation processing area. This will save hauling time and avoid congestion at the new scale house. This will avoid the need to turn large off-road dump trucks around at the front of the property. which could pose a safety and traffic congestion hazard. Due to the possibility that the existing scale at the Naples Landfill will not be available at the start of the reclamation project, a contingency is included to rent a portable truck scale for a period of approximately six months. There are several subtasks associated with Task 7, which are listed as follows: . Consult with scale vendor on foundation requirement, moving procedure, power requirement, and re-calibration. . Compare width of off-road dump trucks to width of scales; if required, consult with vendor on best way to match width of haul trucks to width of scale. . Prepare detailed location, foundation, and moving plan. Integrate location with overall traffic plan. . Construct foundation for scale and prepare access roads. . Disconnect scale from present location,and, qisassemble as needed prior to loading onto a flat bed truck. Transport and off-load scale at new location. Place scale and secure to foundation in accordance with the plan. Modify scale as needed to accommodate off-road dump tru cks. . Install wiring and other scale equipment. Calibrate system. Task 8 - Prep~rations for Cell 1 and 2 Reclamation Additional preparations before beginnillg excavation work include installation ()f fueling facilities, purchase of plastic sheeting to be used as daily cover, set up of office trailer and scale room, and other temporary support facilities. 4Jef!h ~ No. lbtzo :ru1~2fJ, 2!ntJ ~Q.7 of (3 Phase 1 Celts 1 and 2 Reclamation Naples Landfill, Collier County, Florida Wor\< Order # 552-G4059 March 30. 2004 Page 6 Schedule of Work: The Phase 1 project will be conducted during a period of approximately one-year from date of authorization to proceed. Compensation: PSI will conduct the work outlined herein on a time and materials basis. for a sum Not to Exceed $249.794.00. The work will be conducted in accordance with Collier County Contract # 03-3427 Environmental Engineering, Remediation and Restoration Services for Collier County. Actual conditions may necessitate changes, which will be billed in accordance with the Contract and previous written authority by the County. Additional work required beyond the scope of services included in this proposal will be invoiced in accordance with Section 2, Collier County Contract #03-3427. ISSUED BY: G. George Yilmaz Date Solid Waste Department Director REVIEWED BY: t/31/0:Y D te { n Y. Carnell asing I General Services Director ACCEPTED BY: ~~~'~ Nana G. Faulkner Professional Service Industries, Inc. {PSI} ::l / ~ 0/0'1 Date O:\Shared\ENV\Collier County Restoration Contract 2003\Cen 1 & 2 Restoration\Pha$e1 Work Order\Project Background .doc ~~ ~.lbL20 Jv \~ 2'1 f .2.r04 ~o... 8~ .~ - . C, ill E t:D) !c 2::g _ III c- GlQ. e- Gl i D)- '. t:4 ,.l'lI.',. O. . .... 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'8 <: (5 Gl Q/ ~ ~ ~ g~ 5~~ ii ~ ~ 0 III ,~ ~ ~ a; 81'~ ~ ti I- <'w L.LJ ,~lQI'U= ,12 e2~e~a; o.c..wc..ii'.iU) = 00 88 88 88 g 00 88 8 00 00 ci<J:i Lriui Lriui gg 0 ui.n oui - ~N N- _C\1 co m~ ~~ "!.!;) oeo 1'-0 O'l_~ <F> 'c &1~ .... - ::I (i; ~ ~ It; .2! E 8 ~ ~ III 0 ~ ... '- (") 0 Q) ~ Qi i l~ '- '8 CD 0 "'" a; E g c: I~ ~ () l~ ,g C 2 '0 0 :~ 0 ~ .c 0 (,) ~ ... () I- ~ ... g Q) ~ .e 5 c.. 0 0 i ~ 0 Ol L ,_ I- .e II> lD ~ ~ ~ Qi Ig~ ... ~ <P c: ... C 1'<1 '0 0 '0 ~ .~ .~ N E c: () .c es ~ () 1'<1 .c l! 2 CIl )( 0 8 ::l j )( S ::l Q) W U L.LJ ...J '> a. 1-1- W WQJ ~I~~o. J01~ 2.'7, zw.( ~qD+f3 8 ~ ~ Gl Ol '" c.. Q) III Ell ct_ /6C20 N c: o '.;;l 0- o BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA#............,........,......... JE#.,..,....,....................... BAR#..................,...,....... A.PH. Dale....................... 470 Fund Number Fund Description: Solid Waste Disposal Date Prepared: 07/08/04 Approved by BCC on: Attach Executive Summary Item No.: Fund Center Title: WBS Element Title: Expense Budget Detail Naples Landfill Construction Projects N/A Fd Ctr No.: 173414 WBS No.: (Provide the Fund Center or WBS element infonllation; it is not rcouired to orovide both,) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budeet Bud2et 173414 634999 Other Contractual Svcs ($250,000) $3,080,700 $2,830,700 Net Change to Budget ($250,(X)0) Fund Center Title: WBS Element Title: Expense Budget Detail Interfund Transfer Fd Ctr No.: 929010 WBS No.: (provide the Fund Center or WBS dement infonlmtion; it is not relluired to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budeet Bud2et 929010 914740 Transfer to SW Capital $250,OO() $538,700 $788,700 Project Fund Net Change to Budget $250,000 Expense Budget Detail Fund Center Title: WBS Element Title: FdCtrNo.: WBS No.: (Provide the Fund Cemer or WBS element infonnation: it is not reuuired to orovide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budeet Bud2et Net Change to Budget Ap<h I~ ~ . \bc.ZO .:fo{l{ 2.'1. Wlf ~lo*{3 Revenue Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No,: (Provide the Fund Center or WBS element infonnatiol1; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Budget Net Change to Budget EXPLANATION Why are funds needed? To remove funds in the amount of $250,000 from "other contingency" and place in "interfund transfer", to facilitate purchase of Professional Engineering Services for the work outlined in Work Order #PSI-FT-Q4-02: Prepare Reclamation Plan and perform preparatory environmental work for Reclamation of Cells 1 and 2, located at: Naples Landfill by PSI, Inc. Where are funds available? Funds are available in the same Solid Waste fund REVIEW PROCESS DATE Cost Center Director: Division Administrator: Finance De artment: Clerk of Board Admin.: ~~~.lbC2D ::fu I ~ 2.'1, 20::>4- ~Q. Il o{!. 13 BUDGET AMENDMENT REQUEST Por BudgetJFinance Use Only BA#............,.................. mi....,....,....,.,..........,.".. BAR#......................,..,.... A.P.H. Dale....... ..,............. 474 Fund Number Fund Description: Solid Waste Capital Date Prepared: 07/08/04 Approved by BCC on: Attach Executive Summary Item No.: Fund Center Title: WBS Element Title: Expense Budget Detail Solid Waste Capital Fd Ctr No.: 173415 WBS No.: (Provide the Fund Center or WBS element infoIDlation; it is not reouired to orovide both,) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budeet Budget 173415 590061 634999 Engineering Design $250,000 $0 $250,000 Net Change to Budget $250,000 *This is a new WBS element. A new project set up form has already been sent to finance. Expense Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: (provide the Fund Center or WBS element infoTInation; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budeet Budget Net Change to Budget Expense Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No,: WBS No.: (Provide the Fund Center or WBS element infoTIn<ltion; it is not reouired to orovide both,) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget Net Change to Budget ~ ~ t-b. IbtZO JlJ\~ 2..,., I ZOOq ~<L IZ- ct B Fund Center Title: WBS Element Title: Revenue Budget Detail Intcrfund Transfer Fd Ctr No.: 929010 WBS No.: (Provide the Fund Center or WBS element infonnation; it is not rewired to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Bud2et 929010 481470 Transfer from Solid Waste $250,000 $538,700 $788,700 Disposal Net Change to Budget $250,000 EXPLANATION Why are funds needed? To remove funds in the amount of $250,000 from "interfund transfer" and place in "fund 474 "Solid Waste Capital Improvements", to facilitate purchase of Professional Engineering Services for the work outlined in Work Order #PSI-FT-04-02: Prepare Reclamation Plan and perfOlTI1 preparatory environmental work for Reclamation of Cells 1 and 2, located at: Naples Landfill by PSI, Inc. Where are funds available? Current Operating Budget DATE I Cost Center Director: Division Administrator: Bud2et Deoartment: A!!encv Mana!!er: Finance Deoartment: Clerk of Board Admin.: Input bv: B.A. No.: REVIEW PROCESS ~ I~~. lbC2.o Cful~ 2.f), 200~ ~ \~ '* l3 ~'!!'I:;'ff"~~"t,l""~~~~r'!"lI'~'~'~\t''1'1f'''l'~;r,.''''''''-' -- EXECUTIVE SUMMARY Recommendation to Award Bid No. 04-3668, "Refurbishment of a 25 Ft. Boat" (Dollar amount $67,441.21) OBJECTIVE: Tn award a Bid for refurhishment of a year 2000 model 25 foot rescue hoat, to include the purchase and installation of new engines, communication and navigational equipment. CONSIDERATIONS: In March of 2004, the SherifCs Office donated a Parker model 2510 DVCC open-how rescue hnat (Oliginally valued at $39,0(0) and a 1999 Float-On trailer (originally valucd at $4,000) to the (.:ounty's EMS department. On April 27, 2004. formal bid invitations were posted in the lobby of the Pun,.'hasing Building and distributcd to cleven (II) firms who provide these servil.:es. One (1) firm responded with a bid. which was opened nn May 12, 2004. A bid tabulation sheet is attached. .- Stall had forwarded .t copy of the bid to the State of Florida Department of Health seeking approval of the utili/.ation of EMS Grant l\lI1us for the refurbishment of this boat. On May 19. 2004, Collier County EMS re\.:eiveu State authOlization for thc expenditure, not to ex\.:eeu $67.500. FISCAL. IMPACT: Funds are budgeted in the Emergenl..'Y Medical Services Grant Fund (491 ). GRO\VTH MANAGEMENT IMPACT: There IS no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid No. 04- 3668, for the refurbishment of a rescue boat, to f',;aples Boat Mart. - Agenda Item No. 1601 July 27,2004 Page 1 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16D1 Item Summary Recommendation to Award Bid No. 04-3668, "Refurbishment of a 25 ft. Boat" (dollar amount S67.441,21) Meeti n9 Date 7/27/20049:00:00 AM Prepared By .jeff Page EMS Director 6/28/20049:03:06 A ,VI ~lJ.(Jjic 32f'i1cas EMS Approved By j,;if Page EiV1S Director Delte Public Services EMS 6/23/2004 9:20 AM Approved By ',3JJY A. \/:ncent Nlanagement3. Budget .;ndiY3t Date '::;)I,nty ;,1anager's CffiCEl Office ,)f ~l1anagement & Bud'det 7,12/2004 10: 06 Alv1 Approved By ."11,:;' .1el Smyko'Ns ;,1 Management & Budget Director D1te COlmty M.:mager's Office Office of Management & Budget 7"15/20049:13 AM Approved By James V. Mudd County Manager Date board of County Commissioners County Manager's Office 7/16/200411:03 AM Approved By ,vlarla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 7/7/20044:55 PM Approved By Pat lehnhard Administntive Assistant Date County Manager's Office Offic,e of 1i13n.1gement & Budget 78/2004 2:14 PM Agenda Item No. 16D1 July 27, 2004 Page 2 of 3 ,:JrGI'~d iitle:fld..rt;ish't1Ii; ,r ::::i 1-'" 5:;;!1 Project ~~gr.: [)::r1 ::r('1 :.:~1 tl'c.nJ~J~';I'~';: TC3oulation 'or Bid: (L;-:b::!J ,O!'lcf1ing D2te: ,',j~,/ 12 :;::..C-I c:' /:~~, ';' '. I DESCRIPTION ~---- /--: / , I /~. ~1'llil1!~~~~:""'lll:h;';"!~~' _, ___1_ l-. \\, ;~Il"S: ;",r-';,;,\ l,,,'~:: ;:ii,~ I d I Pi<gs. Sent: 11 Agenda Item No, 1601 July 27, 2004 Page 3 of 3 ~... EXECUTIVE SUMMARY Recommendation to approve amending Resolution 03-244 for Collier County EMS User Fees. OBJECTIVE: To amend Resolution 03-244 by adopting the attached resolution regarding ambulan<.:e user fees in a(,'cordan<.:e with Onlinan<.:e 96-36. CONSIDERA TIO:\S: A review or Florida E\1S providers indil.:ated that the current user fees adopted hy the Board of County Cnmmissinners in FY 03 dn not maximize the potential revenue available to olTset cost asso<.:iatcd with operational expenditures. The rates charged by other FIOIida providers have been the comparative source in previous rate structure l:onsiderations. DESCRIPTION OF FEES ,- Stretcher Transport (non-emergency) BLS (non~mergency) BLS (emergency) ALS 1 (non-emergency) ALS 1 (emergency) ALS 2 (emergency) Specialty Care Transport Ground Mileage (In County) Ground Mileage (Out of County) Helicopter Transport Helicopter Transport Air Mileage (In County) Air Mileage (Out of County) CURRENT RATE PROPOSED 0.00 350.00 375.00 425.00 475.00 550.00 650.00 9.00 9.00 4,200.00 (Emergency) 2.400.00 (Zone Integrity Needs) 65.00 65.00 EMS - BENEFICIARY DEATH (Ground Transport) A0428 EMS - BENEFICIARY DEATH (Air Transport) A0431 250.00 350.00 500.00 500.00 550.00 625.00 650.00 10.00 10.00 4,500.00 2,700.00 75.00 75.00 $500.00 $2,700.00 FISCAL I:\-IPACT: Approval of this Resolution would provide for an additional $733,000 into the Collier County EMS FY OS revenue stream and help to offset union contract pay increases, as approved by the Board of County Commissioners. earlier this year. GROWTH ~IANAGEMENT IMPACT: There is no Growth Management Impact assodated with this item. -- RECO~I~IE~DATIO~: That the Board nr County Commis'\ioners approve the attached resolution amending amhulance service user fees. Agenda Item 16D2 July 27, 2004 Page 1 of 8 COLLIER COUNTY 80,.:\RD OF COUNTY COMMISSIONERS Item Number :602 Item Summary Recommendation to approve amending Resolution 03-244 for Collier County a,1S User Fees, Meeting Date 7/27'20049,00:00 AM Prepared By ",,: ~ J~f 1:3 ~i g~ E:"13 Oi reGtor 7/7/20049:40:43 AM ~I.~) i,.-: -3~r'lic,~s '::,\13 Approved By P J t !... ~:' I: :', a (d AdIllinistnti'le Assistant Date : :Jt. ;-; ~'/ \1 In J(;er1 '5 C) ffic e OffiG:;) 0 f ~il an agemen t ,3, B ud ~J et 7 1J,2004 11,15 A,vl Approved By ::3 31~i..\... " n ,::, n t i',1.;m,1g0m,ent "1. Budget Aruiyst Date C.J U r1 ty -\,1.~ 1>""'1 19 p:rls Or'fi :";~ C';iGe OF ,',13n.1gement (~ 31Jdget 7/'13/20042:39 PM Approved By \,1 ,>, 1 ~! 3 m 'jkowskl \l1"'Cl;"m,;,t & 8!jdget Director Date ':>JL;'lty .vli.li1dger's Office ::)ffice or I\bnagernent & Budget n 5/2004 3: 19 PM Approved By JJmes \/, Mudd County Mdilager Date 301rd of County Commissioners Cou:'ty iYlanager's Office 7/15/2004 6:25 PM Approved By Jeff Page EMS Director Date ;:lubllc Services E~,lS 7/7/2004 9:57 AM Approved By \13r13 R.1msey Parks ,~ R~cre::ltlon Director Date ,:J '.JC'j G 3 _,~ ;'''-1 i (:,~.S ,:)]('<:3 :1:'"\~~j ~(;cre,)tjon .. J,2004 12:37 PM Agenda Item 1602 July 27, 2004 Page 2 of 8 RESOLUTION NO. 20U4 . RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPROVE UP-DATED USER FEES FOR COLLIER COUNTY AMBULANCE SERVICES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96-36; ADOPTING BILLING AND COLLECTION PROCEDURE; PROVIDING CLARIACATION ON ADJUSTMENTS AND WAIVERS; PROVIDING CLARIFICATION ON WAIVER OF SPECIAL EVENTS; AND PROVIDING A PROCEDURE FOR APPROVING HARDSHIP CASES AND PAYMENT PLANS; SUPERSEDING RESOLUTION NO. 03-244; AND PROVIDING FOR AND EFFECTIVE DATE. WHEREAS, Collier County Emergency Medical Services (hereinafter and visitors of Collier County: and sometimes referred to as "EMS") provides ambulance services to the residents WHEREAS. the Collier County EMS operating budget is funded exclusively through ad valorem taxes and user fees: and WHEREAS. Collier County staff analysis of the cost for ambulance services services to the residents and visitors of Collier County; and requires an adjustment to the user fees to properly identify current costs of WHEREAS, Collier County Ordinance No. 96.36 provides that the user fees Commissioners (hereinafter sometimes referred to as "the Board"). for ambulance services may be established by Resolution of the Board of County NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: SECTION ONE: EMS USER FEES BASE RATES: SERVICE LEVELS CODES A. NON-EMERGENCY STRETCHER TRANSPORT N/A B. EMS - BLS NON-EMERGENCY A0428 C. EMS. BLS EMERGENCY A0429 D. EMS - ALS 1 NON-EMERGENCY A0426 E. EMS - ALS 1 EMERGENCY A0427 F. EMS - ALS 2 EMERGENCY A0433 G EMS - SPECIALTY CARE A0434 H, EMS - HELICOPTER (LOGISTICAL) A0431 BASE CHARGE $250.00 $500.00 $500.00 $500,00 $550.00 $625.00 $6500,H.genda Item 1602 $2.70000 July 27,2004 Page 3 of 8 EMS. HELICOPTER (TRAUMA) A0431 $4.500.00 J. EMS - BLS GROUND BASE RATE A0428 $500.00 (Beneficiary Death in Accordance with CMS Guidelines) K EMS - BLS AIR BASE RATE A0431 $2.700 (Beneficiary Death in Accordance with CMS Guidelines) MILEAGE RATES: SERVICE LEVELS A. EMS -IN COUNTY GROUND UNIT (Minimum charge of 1 mile and no cap) CODES A0425 MILEAGE CHARGE $10,00 B. EMS - OUT OF COUNTY GROUND UNIT A0425 (Minimum charge of 1 mile and no cap) $10.00 C, EMS - IN COUNTY AIR UNIT (Minimum charge of 1 mile and no cap) A0436 $75,00 D. EMS - OUT OF COUNTY AIR UNIT (Minimum charge of 1 mile with no cap) A0436 $75.00 SPECIAL EVENTS AND MISCELANEOUS RATES: SERVICE LEVELS RATES A, TWO (2) MEDICS/ONE ALS VEHICLE (PER HOUR) B, ONE (1) MEDIC/NO VEHICLE (PER HOUR) COPIES: COPIES OF DOCUMENTS/PER PAGE (Excluding Governmental Agencies) $150.00 $50,00 $1.00 PAST DUE ACCOUNTS: INTEREST ON PAST DUE ACCOUNTS: 1 % monthly SECTION TWO: BILLING AND COLLECTION PROCEDURE The fallowing shall be the minimum gUidelines for billing and collection procedures for ambulance service fees and charges: A. Initial fees and charges for ambulance service(s) shall be assessed either prior to or following the provision of service. as service dynamics reasonably permit. Unpaid fees and charges, subsequent to time of service. shall be reflected in an accounts receivable subsidiary ledger system to be maintained by the EMS Department. manner within thirty (30) days after service is provided, B. An initial bill for ambulance services shall be processed in the fOllowing Agenda Item 1602 July 27, 2004 Page 4 of 8 2 1. The County will send an initial bill to the service recipient's or responsible party's insurance carrier provided that appropriate insurance information is made available to the EMS Billing Section. The EMS Billing Section will accept Medicare assignment. as a participating provider. and will wait no less than 45 days for payment if Medicare or other insurance carrier's are billed. If the claim is denied. a bill will be sent to the service recipient or responsible party. 2. The County will also send a bill to Medicaid and accept assignment if appropriate insurance information is made available to the EMS Billing Section by the service recipient or responsible party. The EMS Billing Section will wait no less than 60 days for payment if Medicaid is billed. If the claim is denied because of no coverage at time of service. a bill will be sent to the service recipient or responsible party. If Medicaid denies because they felt it was not med;cally necessary to be transported by ambulance. then the account will be adjusted per the rules and regulations of Medicaid. 3 In the event the service recipient or responsible party does not have or does not provide proof of insurance coverage. the bill for ambulance service(s) shall be sent directly to the service recipient or responsible party for payment. Tne EMS Billing Section will wait no less than 30 days for payment. C. The following will occur if payment has not been received within above set guidelines: 1. A past due notice will be sent in accordance with the above provisions, (45 days after billing third party or Medicare. 60 days after billing Medicaid and 30 days after billing responsible party or service recipient). 2. Thirty (30) days after the first past due notice is sent. a second past due notice will be sent. 3 After a ten (10) day grace periOd following the second past due notice. the account will oe sent to the County's contracted cOllection agency. D. Interest will be assessed at 1 % per month. on a]1 accounts that are sent to the County's contracted collection agency. (excluding hardships as d~a~'tra Item 1602 July 27, 2004 Page 5 of 8 County policy), 3 E. A reasonable and customary payment plan will be made available for all service recipients or responsible parties. Should the service recipient or responsible party at any time fail to meet the terms and conditions of the payment plan. the unpaid balance shall be administered in accordance with Section C.3 above. F. When ambulance service bill(S), at any stage in this billing and collection procedure. are returned because the Postal Service cannot effectuate delivery. the EMS Billing Section shall make a reasonable effort to ascertain the correct mailing address. If reasonable efforts to ascertain a correct address fail, the account(s) may be considered for other collection alternatives. G. Nothing contained in this section shall preclude reasonable telephone or other appropriate contact for billing and collection purposes. in accordance with all applicable laws. H. Throughout the fiscal year, tne EMS Billing Section shall review all past due accounts and report to the Board of County Commissioners on an annual basIs, of all past due accounts wl,ich are believed to be uncollectible. I. The Board may. after reviewing these past due accounts and after finding that diligent efforts at collection have proven unsuccessful. remove these past due accounts from active accounts receivable in accordance with generally accepted accounting procedures and pursuant to law by Resolution. SECTION THREE: HOSPITAL OUT OF COUNTY TRANSPORTS Should a local hospital have a need for a patient to be transported to an out of County facility, the County shall, subject to equipment. manpower, availability and its sole discretion. utilize its resources to provide patient transport. The County shall invoice the hospital for all out of County transports that remain uncompensated after a period of ninety (90) days. SECTION FOUR: ADJUSTMENT OF EMS USER FEES The following shall be minimum guidelines for adjustments to ambulance service fees, The Board of County Commissioners, in accordance with criteria established by the enabling Ordinance, may authorize other adjustments, 4 Agenda Item 16D2 July 27,2004 Page 6 of 8 A. Medicare and Medicaid Adjustments. Contractual adju~tments under Medicare and/or Medicaid assignment will be made in accordance with applicable Medicare and/or Medicaid rules and regulations, B. Victim's Compensation Contractual Adiustments. Contractual adjustments will be made in accordance with applicable state, federal and local rules and regulations. C, Worker's Compensation Contractual Adiustments. Contractual adjustments will be made in accordance with applicable state. federal and local rules and regulations. D, County Employee Aaiustments. Board of County Commissioners and Constitutional Officers' employees that have Primary coverage under Collier County's Insurance policy will be responsible for any deductibles, co-payments or unpaid balances. An employee may dispute his/her ambulance charge in accordance with procedures set forth in Ordinance No. 96-36. E. CharrpusiTricare Adiustments. Contractual adjustments will be made in accordance with applicable ChampuSiTricare rules and regulations, F, Railroad Retirement Adiustments, Contractual adjustments will be made in accordance with applicable state. federal and local rules and regulations pertaining to Railroad Retirement Adjustments. G, Social Services Adiustments, Contractual adjustments will be made in accordance with rules established by the County Manager and memorialized by a memorandum of understanding executed by the Social Services Director and the EMS Director SECTION FIVE: WAIVER OF EMS USER FEE FOR SPECIAL EVENTS Pursuant to Ordinance No. 96-36. and from the eHective date of this Resolution, user fees for EMS ambulance stand-by services may be waived if the Board finds that a valid public purpose has been established in recognition of their charitable contributions to tt:e Community. 5 Agenda Item 16D2 July 27,2004 Page 7 of 8 SECTION SIX: HARDSHIP CASES AND PAYMENT PLANS The Board recognizes that certain service recipients may need to be identified and processed as hardship cases. Payment plans will be established pursuant to the minimum guidelines set forth in this Resolution. A, Hardship cases will be established in accordance with the Federal Poverty guidelines. as used by the Social Services Department of Collier County. B. Payment plans for hardship cases will be set up on a monthly basis, with a minimum payment of $10.00 per month. Hardship cases. placed on a payment plan will not accrue interest or be placed into collection. Notwithstanding the foregoing. If a service recipient has a payment plan and does not make the agreed scheduled payments for a period longer than two (2) months. the account will be turned over to the County's contracted collection agency and interest will begin to accrue. SECTION SEVEN: SUPERCISION OF RESOLUTION 03-244 This Resolution shall supersede Resolution No. 03-244 SECTION EIGHT: EFFECTIVE DATE ThiS Resolution shall become effective on July 27. 2004. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida. this day of .2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Thomas C Palmer Assistant County Attorney 6 Agenda Item 1602 July 27, 2004 Page 8 of 8 ,....-.. EXECUTIVE SUMMARY Recommendation to approve an Agreement with the Collier County Child Advocacy Council, Inc. (CCCAC) to provide for mandated services identified under Florida Statute 39.304(5) OBJECTIVE: To have an Agreement in place that provides for reimbursement to the CCCAC dlb/a Child Protc(,.'tion Team of Collier County to meet the obligations of Florida Statute 39.304(5), whil:h requires the County to bear the initial cost of the examination or an allegedly abused, neglected, or abandoned child who is a resident of Collicr County. CONSIDERATIO~: Sinl.:C 1990, the CCCAC has contr<lcted with the Board of County Commissioners to pay the initial cost for the examination of allegedly abused, ncg1cl...'ted, or abandoned re;,;iuent (,.'hiIJren. The requirement for this initial payment is provided for in FIOliua Statutes 39.304(5). The statute indicates that the parents or legal guardians, or legal custodians ;,;hall he requireJ to reimburse the County ror the costs of such examinations. .- Collier County. after paying Cor the initial exam. l..'annot bill since the County has no m..'(,.'ess to the name or address of the parent, legal gu~U'(.Iian or custodian of the child due to l..'ontidentiality laws prote(,.'ting the l..'hild. Therefore. the agreement requires that the CCCAC seek reimbursement for the County rrom the parents. guardians or custodians. This Agreement -;tipulates that CCCAC provioe certiril:ation by the case (,.'oordinator that notice for payment was given to parents. F101ida Statute 39.304(5) indicates that the County will pay fur the initial cost of the medical exam. The Agreement is 1'01' the County to pay S I 00 per exam to cover administrative and other l..'osts that CCCAC inl..'urs to seek reimbursement on behalf of the County. The CCCAC is requesting reimbursement of $35 for medical records review where a review I.:an serve in place of a physical examination; however. the County will not be required to pay for both a physical examination and a medicall'Cl..'ords review. Medil:aid is the first payment option for these exams. and the Agreement requires that CCCAC bill Medicaid for every case before submitting a reques.t for payment to the County. FISCAL IMPACT: There is $25,000 budgeted for exams related to Ronda Statute 39.304(5) for FY05. GROWTH MANAGEMENT IMPACT: There is no growth management impact as.sociated with this item. RECOM:\'IEl\"DA TIO~: That the Board of County Commissioners approve an agreement with the CCCAC for the payment of the initial expenses of exams assrx:iatcd with allegedly abused, neglected. ano ahandoncd children a(,:cnrding to Florida Statute 39.304(5). ,- Agenda Item No. 1603 July 27,2004 Page 1 of 2 COLLIER COUNTY 80ARD OF COUNTY COMMISSIONERS Item Number 1603 Item Summary :~ecommendation to approve an Agreement with the Collier County Child "".dvocacy Council, Inc. (CCCAC) to provide for mandated services identified under Florida Statute 39.304(5), Meeting Date 727/2004 9:00:00 AM Prepared By " ."'"jNilii::lms Human S2r/ic2:5 DirElctor 7/9/20041 :27:49 PM .:.. !l: G :3 ~r-/i .,":.:=';::;, H:~rl1an 3'~l'/ll:as Approved By ':' ;.:1;';J 1=<.Jrn~ey PJrk'53. R~crBdtion D:(~ct)( Date ,~ .J b:>;3~('/i(':'~'::i PJrks "r'd R~';(eatiof1 7'13/20043:05 PM Approved By ,::lit Li!rlnnird ~cl m i n I') trative As.s I.') t.:1Il t Date I::: 01, rl t'j ',1 'l n] 9 :2r':,; C if'~2 Off:C,2 of \11~3gement ..~ 81JIg2t 71'11/2004 9:47 AM Approved By C 'lij.l" Vinci!nt Mana;pment & Budget An::llyst Date c::'; oun ty ,YLH1ager' s.:::; ifk ~ OfficeJ! ,ylanagement 3. Budget 7!H.2004 10:31 AM Approved By \'1ichael Srnyko'Nski Management .3, Budget Director Date ::';'Junty Manager's Office Office of Management & Budget 7/16/20049:36 AM Approved By J'lmes V. Mudd County Manager Date 3,Jard of County Commissioners County Manager's Office 7/20/20049:28 AM Agenda Item No. 1603 July 27, 2004 Page 2 of 2 AGREEMENT THIS AGREEMENT entered into this day of July, 2004, by an between the Board of County Commissioners of Collier County, Florida (hereinafter referred to as the "County''), and the Collier County Child Advocacy Council, Inc., (hereinafter referred to as the "CCCAC''), a not-for-profit Corporation, under agreement with the State of Florida, Department of Children and Families, providing coordination of the Child Protection Team of Collier County (hereinafter referred to as the "CPTj, and whose primary address is 1034 Sixth Avenue, North, Naples, Florida 34012. WITNESSETH WHEREAS, Chapter 39, Florida Statutes, provides for comprehensive protective services for abused, abandoned or neglected children found in the State by requiring that reports of each abused or neglected child be made to the Department of Children and Families (hereinafter also referred to as the "DeF'') in an effort to prevent further hann to the child or any of the children in the home; and WHEREAS, Section 39.303, florida Statutes, provides for the development, maintenance and coordination of said services by child protection teams; and WHEREAS, Subsection 39.304(5), Florida Statutes, provides, in pertinent part, that the county in which a child is a resident shall bear the initial cost of the examination of an allegedly abused, neglected or abandoned child conducted and/or coordinated by the county child protection team, and that the parents, legal guardians or legal custodian of the child shall be required to reimburse the County for the costs of such examination; and WHEREAS, Section 39.202, florida Statutes, provides, in pertinent part, that all records and reports of the child protection team are confidential and exempt from statutory disclosure requirements except, upon request, to the State Attorney, law enforcement, the DeF, and necessary professionals in furtherance of the treatment and evaluative needs of children or by order,yttft@CL~~~~ ~1~~~ Page 3 of 10 WHEREAS, DCF Regulation No. 175-13 and the District 8 Supplement to said Regulation, at page 1, provides that the purpose of the procedure established under the Regulation is to ensure that every child entering shelter status and all children in the custody of OCF have their eligibility status for Medicaid determined and Medicaid utilized to the fullest extent possible to cover the cost of care; and WHEREAS, the above-mentioned statutory provisions and the referenced Regulation raise issues as to County payment and reimbursement for CPT examinations as related to the sharing of Medicaid information between CPT and DCF, and the sharing of billing information between CPT and the County; and WHEREAS, the Office of the Attorney General of the State of Florida has issued a letter dated March 23, 1993, stating that despite ambiguity in existing statutes, it is within the statutory authority of the Office of the Attorney General to accept initial financial responsibility for the initial physical examination which is used to assist the State In gaining evidence for prosecution within the parameters of Chapter 39 and Section 960.28, Rorlda Statutes; and WHEREAS, the application of Section 39.304, Rorlda Statutes, and related statutory provisions create legal and administrative questions which require ongoing cooperation between the parties for the continued resolution of said Issues. NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth, the County and CCCAC agree as follows: I. CCCAC, through the CPT of Collier County, shall: A. Provide medical examination and evaluation services for abused or neglected children who are residents of Collier County pursuant to Chapter 39, Rorlda Statutes, or conduct a medical records review in case where such a review can serve in place of a physical examination. 2 Agenda Item No. 1603 July 27, 2004 Page 4 of 10 B. Possess, maintain and keep current any and all necessary Iicense(s) required by governmental authorities. C. Maintain all financial records and reports relating to funds paid under this Agreement. D. Maintain books, records, documents and other evidence and accounting procedures and practices that fully and properly reflect all direct costs of any nature expended in the performance of the Agreement. E. Maintain adequate fiscal accounting procedures. F. Allow Inspection, review or audit of these records by County personnel upon reasonable notice, subject to the confidentially requirements of Chapter 39, florida Statutes. G. Retain all books, records and other documents relative to this Agreement for three years after final payment. H. When drcumstances permit, give to the parents, legal guardian, or legal custodial of any child examined for abuse or neglect a notice requesting reimbursement to Collier County pursuant to Section 39.304(5), Florida Statutes. The CCCAe shall also provide a copy of said notice to Collier County with certification by the case coordinator that said notice was given. When drcumstances do not permit the CCCAC to give said notice to the parents, legal guardian or legal custodian, CCCAC shall send, by regular U.S. Mail, the notice to the parents, legal guardian or legal custodian. Orcumstances which would be deemed to no permit the CCCAC to give said notice include those instances when a parent, legal guardian or legal custodian is not present, or when CCCAC determines that giving said notice may result in a confrontation between the CCCAC personnel and the parents, legal guardian or legal custodian. The CCCAC shall have the sole discretion to determine whether or not circumstances permit giving said notice to the parents, legal guardian or legal custodian. ~~~~acffgCN7rnp~D3 3 July 27, 2004 Page 5 of 10 the notice to the parents, legal guardian or legal custodian by regular U.S. Mail, CCCAC shall provide a copy of said notice to Collier County with a certification by the case coordinator that said notice was mailed. Families with medical insurance will be afforded the opportunity to file a claim with their insurance company through receipt of a statement of expenses that will be provided by the CCCAe. These families will be expected to submit all insurance payments they receive to the County for reimbursement of related medical expenses. 1. The CCCAC shall initially pay from its own account for the initial medical examination costs to the providers of medical diagnosis and evaluation services for each child abuse or neglect case. There shall be a monthly invoice which shall reference a CPT case number for each examination and evaluation, and which shall provide an indication of whether each case is Medicaid eligible, denied, or pending Medicaid eligibility determination. J. The CCCAC shall maintain Medicaid provider status from DCF and shall bill Medicaid for all investigation costs of the Initial medical examination and evaluation services for each eligible chllde abuse or neglect case. The County shall not be required to pay for any costs for the initial medical examination and evaluation in Medicaid eligible cases. The CCCAC shall obtain from Medicaid a denial form for all cases found not to be Medicaid eligible, and shall submit same to the County at the time of billing pursuant to paragraph 1, above. Each denial form shall refer to a case number that corresponds to the number on the medical examination invoice. The CCCAC shall also use Its best efforts to seek reimbursement from appropriate state agencies for all sexual abuse examinations billed during the term of this Agreement. If payment is denied by said agencies, the CCCAC shall obtain from said state agencies a denial notification, which shall also refer to a case number that corresponds to the number on the examination invoice and promptly provide It to the Coun~genda Item No. 1603 4 July 27,2004 Page 6 of 10 K. Before execution of this Agreement, the CCCAC shall furnish the County with copies of its current contracts between the CPT and its medical provider(s}, and copies of Its contracts with DCF relating to the CPT. Any amendments or new agreements executed during the term of this agreement between CPT and Its medical provlder(s} or DCF shall be immediately forwarded to the County. L. The CCCAC shall act as an independent contractor and not as an employee of the County In operating the aforementioned service. The CCCAC shall protect, defend, Indemnify and hold Collier County and its officers, employees and agents free and harmless from charges, attorneys' fees and expenses, all other professional fees or other expenses or liabilities of every kind and character in connection with or arising directly or indirectly out of this Agreement and/or the performance of the aforementioned services by CCCAC during the course of this Agreement. M. The CCCAe shall protect, defend, Indemnify and hold Collier County and its officers, employees and agents free and harmless from charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising, directly or indirectly, out of this Agreement and/or the performance thereof by CCCAC in coordinating and operating the CPT of Collier County. The CCCAe's obligation under this provision shall not be limited in any way by the agreed upon funding provided by the County as shown in this Agreement, or by CCCAC limit of or lack of sufficient insurance protection. This sectton does not pertain to any Incident arising from the negligence of Collier County. 5 Agenda Item No. 1603 July 27,2004 Page 7 of 10 II. Collier County shall: A. The County shall reimburse the CPT at the rate of $100.00 per examination for medical examination and evaluation, plus actual x.ray and laboratory costs incurred in all non-Medicaid eligible cases. The County shall also reimburse the CPT at the rate of $35.00 for a medical records review where such a review can serve in place of a physical examination; however, the County shall in no instance be required to pay for both a physical examination and a medical records review. If any non.Medlcaid eligible case involves sexual abuse, the CCCAC shall seek payment from appropriate state agendes prior to seeking reimbursement from the County. If appropriate state agencies do not pay for sexual abuse examinations within 30 days from the submission of the invoice to that agency by the CCCAC, then CCCAC shall Invoice the County, and said Invoices shall be paid by the County within 30 days after receipt of a written request for reimbursement and a copy of statement(s) provided the County pursuant to the provisions of Section I, Paragraph H & I above. If reimbursement from state agencies is received by the CCCAe at any time after the County has paid CPT invoices, CCCAC shall then reimburse the County for any state agency monies so received. Said reimbursement shall reference the case number for which the reimbursement is being provided. B. County aCknowledges that CPT will incur additional expenses for staff, equipment and supplies to determine Medicaid eliglblllty and obtain payment by Medicaid in eligible cases. The CPT will also incur similar additional expenses in seeking reimbursement in sexual abuse cases. Because the County will benefit from these expenses incurred by CPT to obtain Medicaid payment or reimbursement from crime victims' services, County agrees topay the sum of $50.00 to CPT for reimbursement of CPT's administrative costs in each Medicaid eligible case and each sexual abuse case for which crime victims' services reimbursement is obtain. 6 Agenda Item No. 1603 July 27, 2004 Page 8 of 10 C. County shall Reimburse CCCAC for postage charges for statements sent to parents, guardians or legal custodians pursuant to the provisions of Section I, Paragraph H., above. III. CCCAC and County Mutually agree: A. The term of this Agreement expires on March 31, 2007. Should either party be in violation of any of its obligations contained herein, the other party may terminate this Agreement upon thirty (30) days written notice. This Agreement may be renewed under the same terms and conditions, for two additional one.year terms upon mutual agreement of the parties. The Public Services Administrator shall have authority to renew on behalf of the County. B. There shall be no discrimination on the basis of race, color, sex, religious background or national original In the performance of the Agreement in regard to provision of services In regard to employment. C. No modification, amendments or alterations to the terms and conditions contained herein shall be effective unless contained In a written document executed with the same formality of equal dignity herewith. D. The CCCAC shall not transfer or assign the performance of services called for in the Agreement without written consent of the County, which consent shall not unreasonably be withheld. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing addressed, if to the County: Marla Ramsey Public Services Administrator 3301 East Tamiami Trail Naples, Florida 34112 7 Agenda Item No. 1603 July 27,2004 Page 9 of 10 IN WITNESSES WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witnesses: COWER COUNTY CHILD ADVOCACY COUNCIL, INC., a Non Profit Florida Corporation V~,4'/~ ~q~~ 6\lL -- "- By: tLJJ(YL6-Pv {~jL/ Deborah Wallace, President A1TEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA Deputy elerk By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Robert N. Zachary Assistant County Attorney 8 Agenda Item No. 1603 July 27, 2004 Page 10 of 10 ,,~ EXECUTIVE SUMMARY Recommendation to award RFP No. 04.3618 "Tigertail Beach Water and Beach Concession" with an anticipated revenue of $12,000 to Recreational Facilities of America, Inc. for FY 05 Obiective: To nmtinue to providc l.:onl.:cssion servkes at Tigcrtail Bcal.:h through thc usc of a contral.:tcd vcndor. Consideration: The ~:urrent l.:ontral.:t for Tigertail Beach Water and Beach Conl.:ession, RFP No. 93-1117, was awarded by the Board of County Commissioncrs on March 15, 1994, agenda item 16(C)1. This contral.:t commenced from April I, 1994 through April I, 1999, and also il1l.:ludcd an auditional five (5) year rencwal pCliod following the oliginal expiration date. Due to a time constraint. this conU'act was cxtended on Fcbruary 4, 1()()4 until July 1,1004 or until the new contrw.:t is awarucd. On April 12, 1004, Requcst for Proposal No. 04-3618 was posted for thesc serviccs. Invitations to propose werc sent to eightcen (1~) vendors. Opcning datc was May 7, 2004. The selection committee accepted the proposal of Recreational Facilities of America, Inc., the nnly respondent. The term ot' the a!,.'Tcemcnt will hc three years with onc additional two-year renewal. ,-, The general public has responded positivcly to the concession servil:cs at Tigcl1ail Beach. Fiscal Impact: The County shall receive tVielve (11) pen.:ent of the gross monthly revenues or a minimum monthly payment of 5500, which cver is grcater. Rcvenue is hudgeted in the Beach and Water Park Operations, Concession Fees. Revenue is anticipatcd to he $11,000 for Fiscal Year 05. Growth Manaaement Impact: No Growth Management Impact is assOI.:iated with this action. Recommendation: That the Board of County Commissioners awards RFP No. 04- 36 Ul to Recreational Facilities of Amcrica, Inc. and authorizcs thc chairman to sign the agrecment after County Attorncy review and approval. -. Agenda Item No. 1604 July 27,2004 Page 1 of 2 COLLIER COUNTY 80,\,mJF COUN fY CG,\1I.I11IS3iONci~S Item Number ~ -~ ,..... .1 :)U....,. Item Summary '<-scommencatlon to 3'Nard"\,=? \io. 2-+-3613 T0ena>l Beacn '!'later anc Beach Cc~ceSSion' ',\'ith an antiCipated (::;'/enu.:; or 312.CCO to ~ecreat~onai Facilities of PlmerlCa, Ine 'or =v ,25 Meeting Date 7:27 2004 9>J000 At\! Approved By Vlur::lo Smith Jeacil 3nd Water Supenntendent 0ate .Jubllc S2r'I\CeS ~3dc.i In\j J~ecreatjon ,',,, 6,:004 1:13 ,"M Approved By !__;ldJ JJCk3(1) :01lC("]Cts A'jellt Data ~J:':lini3~:.Jti'/8 :~'~'/!C~S ~ '... :.:.;:, _15itl;j 7< 5'-:>')04 1 :23 '''I' Approved By 3te\/~ Carnell ,.,), !;-:~ 33inqiC8ner1.1 3'/S:;":'i(o.CCG'( eo: ate ,\cjminJ3tl"1ci'l8' 3er\/!C~:3 ,.J'ir-::n":l,inq "1-"2004 ::08 ,\,'0'1 Approved By '-<)t~''j .\,1.~LJI~'j~(: j()~j1~-3t =:<,,;'':'Jtj'i~ )ecr~~J'-Y -: ]t9 :?'jblic Se('iic~s J'.; ~I;G) -3('ik:es~,,J1"11l1, 7 ! 3')00'13:)5 .i.M Approved By Ii! =tr'.] ,-:? ],'1l3~.l ,.,),:.;<3 ~t J~c;"~ :Hj,,,n i":ir=:s!,:)( ":"ica ~'lbliC 3er'"ice s ,..J 1rl( 5 1n':"l:~eCI93tion "13,20043:39 \M Approved By :JJt :_~hnh](d ..l,J::lillis:rJdv9.A3s;stJnt ij"ta Cotlnt'l ,'ylanager'-; Jffice :','ficeJf Management.l. Juciget :/1'3,2004 3:S: AM Approved By ;~')I'Y r\. Vincent .\II.1nag~ment .l. 3t.,clget ,\naof3t 01te Count> ~,1)n;]ger'3 Drfka ''"';:~ JI \1anaIj9Illant 3. BuJ::Jac 715;200110: 59 At'll Approved By ~,1ichael .Smy!-{o'Nski ',lJI1Jg~lllent 3. Budgat Dii''!ctOi' OJte (,>Jur.ty :\'lanager'5 :Jffice Office .)f Management & 8udget '/16/20042:44 PM Approved By _ames V. M'ldd (;YJnty ,Vlanager Oate ~OJi'd or '::OUi't'j J;)" :)'!33tOI:~(S '>JUllty ~lanager'3 er'fica 7'1)120045:34 ?'A Agenda Item No. 1604 July 27, 2004 Page 2 of 2 ,- EXECUTIVE SUMMARY Recommendation to approve a purchase in the amount of $31,896.12 for bleachers from Seating Constructors USA Obiective: To provide safe. high quality park facilities at the lowest possihle cost. Considerations: The Parks and Recreation Department provides approximately 65 sets of bleachers at athletic facilities throughout the park system. The life expectancy of a set of bleachers is approximately seven years. Parks and Recreation therefore endeavors to replace and upgrade tive to tcn sets of bleachers annually. TIle recommemlcd purchase will upgrade existing bleachers in need of replacement in the following respects: seating capacity will be increased from fivc rows to ten rows. the new sets will mect ADA compliance, ami the ncw sets will feature chain link fencing for safety. Under Flotilla state contract #650-00J -04-1 Seating Constructors CSA can supply six sets of ten-row, 21-foot-long blcal'hers at an cight percent disl.:ounl. Total l.:ost for the bleachcrs. delivered to the rcquired sites, is 531.:-\96.12. .-- Fiscal Impact: The ncccssary funds are allol'ated within the Parks and RCl.:reution maintenance budgets for the Naples area anl! Imnwkalcc. Growth ManaQement Impact: No Growth ~vlallagcment impact is associatcll with the action. Recommendation: That the Board of COllnty Commissioners approves a purchase in the amount of $3 I ))96. 12 for bleachers from Scating Constructors USA. - Agenda Item No. 1605 July 27, 2004 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMivl1SSl0NERS Item Number ~305 Item Summary i~ecommendatlon to approve a purchase in the amount of $31 ,89612 for ~i'03crers from Seating Constructors USA Meeting Date 7' 272004 9:00:00 AM Approved By Scott Johnson Purchasing Agent Date Administntivfl S'!r'ii~flS Purchasing 71'5/200411 :32 .~M Approved By ld'.Jrfjo S,nith 3",a.;h ,mdWater Superintendent C) a Ie ?IJbiic 3e'~lk<'?s ?'lr:':s and K'!cr'lalion 7/15/2004 I:I:~ P:v1 Approved By 3te'/e Carneii :luri;ha$ln],General S'/I;$ Director Gate ~,jministrJtj\je 3e(',/;c2S ,=>'.Jrr.iiJsin'J 7'16/21)04 7:J7 A.'il Approved By ,-<,...Hhj ,\jlcLJj-:j .i"" Jr"] .;r;t~r =~{;~GIJ L 'i ~ 3 ~ct~tJry Jate P'.lblic S21~ilir.'!S Public S81"/:~'!S ..\.dmin. .,. /1 G/2004 3: 2il AM Approved By "'ar:a Ramsey P,r}(:;;& Recreation Director Date Public Serv;c'!s ;=>J(',<s and Recreation 7116/20043:33,6.M Approved By P,t Lehnhard Administrative A$$istant Date County Manager's Office Office of Management & Budget 7/16/20048:52 AI'li1 Approved By Gary A, Vincent Management & Budget Analyst Date County Manager's Office Office of i'llanagement & Budget 7/16/20049:10 AM Approved By Michael S,:lj";JNS~1 Management & Budget Direct,:.)r Date CrjU(lI',y \lJ;"1:]';8('3 Off:c'~ ()ffice 8f \1,ln1gement ,? Budget ..,.11G12004 9:4'1,6.,\11 Approved By J3n~~s'/ \1'...j:j :J'~nty \lin<iger ,J .3te 301rd of ":;,;\;."('; Co(n(nIS':si on .:;;r.3 C.:)I.lni,'/ \ll("J,~~(t3 I::ff:r:~ Agenda Item)N~41 ~B3 A.'II July 27, 2004 p ~ge 2 of 2 --- EXECUTIVE SUMMARY Recommendation to approve a residential license agreement for the law enforcement officer residence at Sugden Regional Park Obiective: To maintain a safe park envirunment thruugh cuuperatiun with the Cullier County Sherin~ s Office. Considerations: The Buard of Cuunty Cummissioners entered intu a residential license agreement with Joe Scott on May 26, 1998. The agreement leased propelty to Mr. S,-~utt on thc sitc uf Sugdcn Regiunal Park where he placed a mobile hume. Mr. Scutt is a law enforcement officer and the agreement included stipulations that he oversee the park as part of his lease. Mr. Scott is moving off the premises and a ne\.v law enfoH:ement officer. Jason Havlik. will be purchasing the mubile home. which will remain at the park 'lite. Subsequent tu the sale of the f~u:ility. Mr. Havlik will be requircd to sign a residential Ikense agreement with the same terms as Mr. Scott's. Fiscal Impact: ~o Fiscal Impact is associated \-vith this action. ,- Growth Manaqement Impact: No Growth ~vlanagement Impact is assm:iatcd with this action. Recommendation: That the Board of County Commissioners authorizcs thc chailman to excwte thc leasc agreement upon approval by Parks and Rccrcation and the Cuunty Altomey"s office. .-. Agenda Item No. 1606 July 27,2004 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSlm~ERS Item Number 1606 Item Summary Recommendation to aoprove a resldentJallicense agreement for tne law '3n+orcement oIT:cer residence at Sugden Regional Park Meeting Date 72720049.0000 Ai'vl Approved By ,1,;1urdo Smith Seach and Water Superintendent Date Jublic 3~1"'lie8s ,J'lr:~s 'lnd ReereJtioll 7!'1'i/2004 1:05 ,~M Approved By :-<_j~hy \lcLjrt'/-C,J(;)~nt-;:r = (;;I;uti'le .3e,;retary O]t~ ::J'.l'~J!ic 3~t"'-i!\:~S :)':bl ie S 21"/i eas A.:Jm in. -: li1/20048::itl..i.M Approved By \1Jr! J ;?dI:;;;~:/ ,:J .irk3& .?:;cr~at;on Oir~ct':Jr Ddte :>lIblic 38<"1:::"5 ,:'JrKS Jnd Re.::reJt:on ":6/'20041 "41 AM Approved By ,=: Jt L.~J:nr.Jij ~\d;:1j[1js:rJtjve A3$istai:t JJte ::;)llnr'j \,lan3q'~r's Cff'.::e ,::;,'f'ce')r ."1ana:jem2nt ,.?,. 3udget :'I,i/2004 1'04 PM Approved By ',3ar,! A.I n;~ nt \Idna']ernent & Budget AnaiY6t Odte County ,vlJna':;2r's Oifice ()irice of ,'/IClnagement 8. Budget 7/16/20041:44 ?M Approved By \li';hael.3mykowski 1,1anagement & Budget Director Date County Manager's Office Office of Management & Budget 7; 16i2004 2: 13 PM Approved By James V.V1<.dd Count'! Manager Date 30ard of County CJmmissiol1ers County l'vlanager's Offil;e 7/19/200411:47 AM Agenda Item No. 1606 July 27,2004 Page 2 of 2 ,,- EXECUTIVE SUMMARY Recommendation to approve a purchase in the amount of $67,398 for replacement of turf maintenance equipment from Wesco Turf, Inc. Obiective: To provide safe. high quality park facilities at the lowest possible cost. Considerations: Some Parks and Recreation turf maintenance equipment has been determined by Fleet Maintenance to have reached matulity depreciation and is in need of replacement. Wesco Turf. Inc. can supply the following under FIOlida state contract #s 070-R40-400 and 515-630-03-] : 2 Workman 1100 utility vehides at 55053 each 5 Z 500 1:1\\/n 1l100vers with 52-inch decks at $57g4 each 4 Z 500 lawn mowers \vith 72-inch decks at $7093 eal.:h TOTAL purchase plice $10,106 S.2g.920 52l:U72 S67.398 Fiscal Impact: Funds arc buugeted with the Parks and Recreation \-laintenam:e (Fund III) hudget. - Growth Mana~ement Impact: No Growth Management impact is associated with the .Ktion, Recommendation: That the Board of County COlllmissioners approves a pun:hase in the amoulll of $67.39g I'll!' turf maintenal1i.:e equipment from Wesco Turf. lnc, under state con tral.:L -- Agenda Item No. 1607 July 27, 2004 Page 1 of 2 COLLIER COUNTY BOARD OF COU~nY CO,vl,'llISSIONERS Item Number 1607 Item Summary Recommendation to approve a purcrase n tne amount of $67,398 for reolacement of turf ma,ntenarce eqlJp:;~er;t from Wesco Turf. Ire. Meeti n9 Date 727/2'JJ4 90000 AM Approved By Scott Johnson ?urchasing Agent Date .\dministrativ9 Sar'lic'ls ~lIr::;1.1sil1g 7/15/200411'3;"5 AM Approved By 1,Iu r::Jo 3m: til '3 ~ j;h_~ r; '.1 'if.-1 ter ,3.".;,0 ,~r!n ~~ i,::j e n t CJ:e :"lJ~)jjc ,3~r,;:c:8'S :']rX5 and ,~'?::r~Jt:on ""I "5;2')IM ! '22:'>:"1 Approved By .3te'/e Cdrneil ?ur':.:hd3ji1U/(.Jcn-~r1) 3'11';::; Di(~,;tDr ;Jdte Administrative Services .:'1 i(sh)sing -1);'2',)04 7")9 AM Approved By ':1_11,/ .'ikLcl(1'j .Cl(;.l~f1tar - ,- ::,( -;:I,;:~ (. '; -~ ,~'~C.- ~ :J.rj =>1t~ ~'_: bile 3~(',i --:: ~3 ::J~cj OJ i c. 3a("11:":e 3 ,~j,~ in. -, : )121)04 'l: "'l ,-\~1 Approved By \11drla Ram::;ey ?]r:~s & Recnarion Dire';tor O:He .:'>ublic Services PJ,'ks :md ReCr9Jti,')n ~'~:)i2004 11:35AM Approved By F'lt Lehnhdf'd t.,dministratj'/e AssisUnt Date County Manager's Office Office of Management & Budget 7/15/20041 :06 PM Approved By Gary A. Vincent Management & Budget Anaiyst Date County Manager's Office Office of :Vlanagement i~ 3udget 7/16/20041:48 PM Approved By :vlichael Sm;/kowski \11anagement 8. Budget Dire';tor Olte County "lbr,J,:;er's Office Cffi:," of 'Ilanagement .~ Budget "'1,)/20042:08 PM Approved By ..)' ](~le3 '/ \L~.:j ::,Y..u:t'I",I,i:ager Jate ~. -:. ~ ..,~i ,":. f ':,') I,;"" "/ : ;;.'" ':~;:~.j.Ji-~';:;~,') -= ")',,;('i.'1 \1:L~:tq~(l5 ':;;:~i\:..~ Agenda ItemjNGr~~1 ~W PM July 27,2004 Page:2 of:2 ,..-. EXECUTIVE SU~["[ARY Recommendation to approve the Home Care for the Elderly budget amendment and continuation grant in the amount of $97,359 and authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., DIBI A Senior Solutions of Southwest Florida. OBJECTIVE: The execution of this contract and budget amcnumcnl IS neccssary for uninlerrupled support services lO Services for Seniors' frail. elderly clienls. CONSIDERATIONS: This conlinualion grant in thc amounl of $97,359 for thc perilxl July I, 2004 through June 30, 2005 will provide in-home SUPIX)rt services lhrough the encouragemelll and managemelll of family-lype living arrangemcJ1ls in privatc homcs as an altemalive lO coslly and pennanent nursing hl)me care. The tlnal agreemenl has been received and a budgel amendmCIll has been prepared to rellecl the actual allocation slaled in the contract. The tOlal grant ilmuUIll of $97,359 is funded from the State of Florida grums and aids appropriation. Of the total grant award. $6,594 will be recognized as the direcl funding portion to the County for case management. The remaining $90,765 will be retained by the gramor agency to pay for direct services authorized by Collier Coullly Services for Seniors. - GROWTH J\1...\.~AGE.'IE:\T: There IS no growth managemel1l il11pacl from this rCn) 111 mendation. FISCAL niP ACT: A conlinuation buc.lgel requesl was previously approved and budgetcd in the amount of $6,07.... Approving this bud gel amendment will increase the Servil..'es for Seniors Home Care I()f the Elderly funding by $520 for FY O..k This grant requires no local malching funds. RECOI\HIENDA TIONS: Stall recommends that the Board of Coullly Commissioncrs Chainnan signs the agrecmcnl and approvc the nccessary budgcl amcndment. - Agenda Item No. 1608 July 27, 2004 Page 1 of 12 COLLIER COUNTY 80A.~:J OF COUNTY COMMISSIONERS Item Number 1608 Item Summary RecorY'.mer:dat,or: to approve tne Home Care for the Elderly budget amendment and cor'tl('uatior: ]rant in tre amolJnt of $97,359 and authorize the Chairman to 5gn the ag'eement 8etween Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Ir:e. Di8,A Senior Solutons of Southwest Ficr:da. Meeting Date 7/272004 9CC.:O ArYl Prepared By 7 13/2004 1: sa: sa .~ :;:~ [": ..\, =:~;': i :.: i :-; J;~111 L3 C: ) 0 (j i.1 d t'Jr ::> 'II ,:) ..(;,;,':; 3~r'/j,;;;-s 1~'~ii.:~'_1n S .;r~I:Ge::i Approved By JJ(:.~/ j'il!!;.::ms HI_l!"'"";];l _)'~('I c~s Dir~(;to( !::Jt~ .~'_;::'; ;~ .3ci'/i'".>;;:; i~ '_. ('\_-1(1.3 ~ r'l !:; '~s " 1 )12004 2:13 0\11 Approved By 'hr!a Rams~'i ,;)]:":-<5 ,_~ ::~~c;=.!zHiGn ;::: (~ctor 0)te ;:} ''''; b I :; .s,::r;;c.;;s ::;1r~-:_.3 -l..~(J ,~~r;,"'~dti;)n 7 13,2004 11,05 .A,~l Approved By ,J:n :"'~nnil':HcJ Adminis':''1ti'l9..\.ssist'1nt ::'1le :::ounty Manag~( j Office Orfic~of '/Lmagement & Budget 7/1312004 11 ;27 AM Approved By ,.:; )('1 A, \/:ncent \l:1naqement & Budget Analyst Gate :::ounty Manager's Office Office or ,~hnagemem & Budget 7.'19/200412:04 PM Approved By \lichaei 3r1Y~()'NSki \1Ji1'1':;~m9nt 3. Budget DireGtor Date County Manager's Orfice Oifil;:~ oi .\lanagement 3. BL..dget 7,'19/200412:15 PM Approved By James V, \!',,-:d ': -:, r to" ,'}I J:'" 1 ':j ~r Date 3 J.jid .]r C');..i"J':j ":-:~r-l;SS ::~~(5 '-,Y.,' 1::;,1 1ge(:; CffL:~ " . 3,20043:31 ,0\1 Agenda Item No. 1608 July 27, 2004 Page 2 of 12 06/04 Agreement Nu, HCE316.203.04 STANDARD AGREEMENT Collier County Board of County Commissions THIS AGREE~'1E~T is entered intu hetween the Area AuenL:v on Auinu for Southwest Florida, [ne. dlb/a Senior Solutiuns of Suuthwest FIOIida. hereinafter referred to as the "agenL:Y and Collier County Board of County Commissioners hereinafter rden'ed to as the "redpient." This agreement is subjeL:t to all provisinns contained in the MASTER AGREEMENT executed between the agenL:Y and the w.:ipient, Agreement No. HM()()4, and its SUL:L:essor, in<:orporated herein hy reference. The parties agree: I. Recipient Agrees: A. Services to be Provided: To plan. develnp. and accnmplish the serviL:es delineated. or othen.vise L:ause the planning:, development, and <HxompJishment of Slll,;h serviL:es and aL:tivities, under the conditions specilied and in the manner pres(,:rihed in A TTACH~IENT I of this agreement. B. Final Request for Payment: TIle reL:ipient must submit the llnal request fur payment to the agel1i.;y as per A TT ACH:\IE:\'T II. Any payment due under the terms of this agreement may be withheld until all reports due frum the recipient. and neL:essary adjustments theretu, have heen approved hy the agency. II. The Agency Agrees: A. Agreement Amount: To pay for serviL:es accon.ling to the conditions of ATTACH"IE~T I in an amount not to exceed $6.59~.OO, subject to the availahility of funds. B. Obligation to Pay: The State of Florida's performanL:e and obligation to pay under this agreement is cuntingent upon an annual apprupriatiun by the Legislature. C. Source of Funds: The custs of services paid under any uther agreement or frum any other source arc not eligible for reimbursement under this agreement. The funds awarded to the recipient pursuant to this agreement arc in the state grants and aids appropriations and consist of the following: Agenda Item No. 1608 July 27, 2004 Page 3 of 12 06/04 Agreement No. HCE316.203.04 I Services Year Reimbursement Rate I ~Iaximum L' nits I I Case Management 2004- 543.53 I 116.00 Case Aide 2005 $21.00 71.00 Intake 526.85 2.00 i Proeram Title Year Fundine Source CFDA/CSFA # Fund Amounts Home Care for the 2004 General Revenue 65001 S 90,765.00 Elderly-Suhsidies Home Care ['or the 1004 General Revenue 65001 S 6.594.00 Elderly-Case Management ,_~ S 97.359.00 III. Recipient and Agency \1utually Agree: A. Effective Date: 1. This agreement shall begin on July 1.2004 or on the date the agreement has been 'ligned by both partie'l. \vhichever is later. 2. This agreement shall end on September 30,2005. B. Termination, Suspension. and/or Enforcement: The cau",e.., and remedies for suspension or termination of this agreement shall follow the same proi.:edul'es as outlined in Section III.B. and Section lII.e. of the Master Agreement. C. Recipient Responsibility: Notwithstanding the pa..,s-through language contained in the Assignments and Subagreements clause of the Master Agreement, the recipient maintains responsibility fur the performance of all subredpients in al'l'ordanl'e with all applicable federal and ..,tate laws. D. ~otice, Contact, and Payee Information: 1. The name, address, und telephone number of the grant manager for the agency for this agreement is: Leigh E. Wade. Exe4.:utive Director Area Agen<:y on Agency of Soutlnvest Florida, Inl'. Jib/a Senior Solutions of Southwest FlOlida 2285 First Street Fol1 Myers. FlotiJa 33901 1139) 332-4233 SC 74X-6947 1 "'" Agenda Item No. 1608 July 27, 2004 Page 4 of 12 06/04 Agreement 1\0. HCE316.203.04 06/04 Agreement No. HCE3t6.203.04 2. The name, address. and telL-phone number of the representalive of the recipient responsible for administration of the program under this agreement is: Barry Williams Collier County Board of County Commissioners 3301 East Tamiami Trail 0:aplcs, FL 34112 (239) 774-8154 3. In the event different representatives are designated by either party after execution of this a.greement, notice of tile name and address of the new represelltative will be rendered in writing to the other pmy and said notitication attached to originals of this agreement. -1. The name (recipient name as shown on page 1 of this agreement) and mailing address of the official payee to whom the paymcm shall be made: Collier County Board of COUDty Commissioners 3301 East Tamiami Trail l'iaples, FL 34112 U..J" \\>Tf:-.lESS THEREOF, the parties herelo have caused this lQ page agreement to be executed by lheir undersi!,'Tled officials as duly aUlhorized. COLLIER COilll'TY SERVICES FOR SENIORS BY: .~.TrEST: DW1GHT E. BROCK, Clerk BOARD OF COL~ CO~lliUSSlOr-.~RS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Donna Fiala, Chairman Board of County Commissioners Date: June 30. 2004 Approved as to form and legal sufliciency ~/~ A IStan County Attorney SENIOR SOLUTIONS OF S\VFL AREA AGENCY ON AGn-;G By: Board President Date: June 30. 2004 3 ~ -' Agenda Item No. 1608 July 27,2004 Page 5 of 12 06/04 Agreement No. HCE316.203.04 Witness: Print [\;amc: FEDERAL ID NL'\<1BER: 59-6()()0558 FISCAL YEAR-El\D DATE: SEPTE\<1BER 30, 2004: 4 Agenda Item No. 1608 July 27, 2004 Page 6 of 12 06/04 AgreelTIen t Nu. HCE316.203.04 A TT ACHME~T I HO~(E CARE FOR THE ELDERL Y PROGRA~'I 1. STATEMENT OF PURPOSE The Hume Care fur the EIJerly (HCEl Prugram en(uurages the provisiun uf nlre in family- type living amlngements in private homes on a not-for-profit basis as an altemative to Gursing home or other institutional (arc. II. SERVICES TO BE PROVIDED A. Services: 1. The rel:ipient"s servil:e provioer applil:ation for state llsl:al year 2004. ano any revisions thereto approved by the agenl:Y and !lll:ated in the agenl:Y' s file. arc im:nrporated by rcferelKe in this agreement between the agency and the recipient, and presl:ribe the services to be remlcred by the re..:ipient. 2. Cunsumers may not be dually enrolled in a Department of Elder Affairs' state general revenue fundeJ program. indlllling HCE. and any of the MeJi..:aiJ capitated long term L'are health plans or programs. B. ~-Ianner of Service Provision: The >;ervil:es will be pruvided in a manner I..:omistent with and (..Ics(ribed in the rCl:ipient's "crvi..:e provider applkation fnr state fisl:al year 2004 and the Department of Elder Affairs Home and Community-Based ServiL'es Handhook. In the event the handbook i" revised. such revision will automatically he ilKorporated into the agreement and the recipient will be given a (Opy of the revisions. ((I.~(ETHOD OF PA YME~T A. The method of payment in this agreement includes advam:es and fixed rate for servi(es. The recipient must ensure fixed rates include only those costs that arc in accordance with all appli<:able state and federal statutes and regulations .1I1J arc based on audited historical costs in instances where an independent audit is required. The recipient shall suhmit an invoi<:e to the agen<:y with supporting CIRTS dUl:umentation. B. The recipient shall maintain do<:umentation to support payment requests which shall be available to the Department of FinalKial Services or the agency upon request. C. The recipient may request a monthly advalKe for case management scrvi<:e costs for each or the rir<;t three months ut" the agreement period. hased un antkipated (ash needs. Detailed document.ltionju'itifying cash needs for aJ\;,Ull'CS must be submitted with the signed agreement. approveJ hy the agency. and maintaincd in the agency'" Illc. All 5 Agenda Item No. 1608 July 27, 2004 Page 7 of 12 06104 Agreement No. HCE316.203.04 payment requests for the fourth through the twelfth months shall be based on the submission of al.:tual monthly expenditure reports beginning with the lirst month of the agreement. The sl.:hedule for submission of advam:e requests is A TTACH~'1ENT II to this agrccment. RCl.:onl.:iliation and rCl.:ouping of advanl.:es made under this u!:,t!'eement arc to he l.:ompleted hy the time the tinal payment is made. All advance payments are suhject to the availability of funds. D. Advance funds may be temporarily invested by the redpient in an insured interest healing a<.:<.:ount. All intcrest carned on agreement fund advances must he returned to the agenl.:Y within thirty (30) days of the end of the first quarter of the agreement period, E. Additional Reporting Conditions: 1. The redpient agrees to implement the distrihution of funds as detailed in the servke provider appli<.:atioll ami the Budget Summary. ATTACHME;ST III to this agreement. Any l'hanges moving ['unds betwecn hudget <.:ategOlies that do not exceed the total agreement amount require written confirmation hy the agenl.:Y. Changes to buuget catcgories that <.:hange the total agrcemcnt amount rClluirc a formal amcndment. 2. This agreement is for sen/ices provided during the 2004/2005 State Fis<.:al year heginning July 1.2004 through June 30. ':WOS, however. the agreement is in effcct through Scptember 15, 2005, in order to proviue for maximization of resour<.:cs and to allow for greatcr tlcxibility to pay for the services rendered hy June 30. 2005. Servil~es proviued aftcr J lllle 30, :2005. \:annot be reimburscu under this a!:,'Tcemcnt. 3. Thc rc<.:ipient shall submit a uraft doseout report by AUl!ust IS. 2005. Any agreement amcndmcnts aftcr August 15. l005, uetermincd nCL:essary by thc dcpaltmellt will be hased on the draft doseout reports. ~. TIle final expenditure report and request for payment \vill be due to the agency no later than September 1 S. 2005. No expenditure reports or requests for payment will be al.:\:epted after Scptember IS. 2005. F. Any payment due by the agency under the terms of this agreement may be withheld pel1uing the receipt and approval by the agency of complete and accurate financial and pro~'Tammatic reports due from the recipient and any adjustments thereto. induding any ulsallowance not resolved as lJutlined in Section I.P. or the Master Agreement. IV. SPECIAL PROVISIO:\S A. State Laws and Regulation: 1. The rcdpient agrees to \.:omply with applkable parts of Rule Chapter 58H-I, Florida Administrative Code. pmmulgated for administration of Se\:tions 430.601 through 6 Agenda Item No. 1608 July 27, 2004 Page 8 of 12 06/04 Agreement No. HCE3l6.203.04 430.608, Florida Statutes, and the Department of Elder Affairs Home and Community-Bascd Services Handbook. 2. The rel:ipient agrees to I:omply with the provisions of Sel:tions 97.02\ and 97.058, Florida Statutes, and alllUles related thereto in the Flotida Administrative Code. B. Assessment and Prioritization for Service Delivery for ~ew Consumers The fnllnwing arc the I:titetia to prin.;ti/.e new l:onsumers for servke delivery. It is not the intent of the agency to remove existing consumers from any servkes in order to serve new consumers being assessed and prinriti/.ed for servil:e delivery. 1. Priority Criteria for Servil:e Delivery: a. individuals in nursing homes under .\ilcdil:aid who l.:ould be transfen'ed to the community; b. int.lividuals in nursing homes \\lho<;e :'v1cdil.:are l.:overage is exhaustet.l and may be divettcd to the l.:ommunity: c. inuiviuuals in nursing homes that arc dosing anu l.:an he disl:harged tll the community: or d. individuals \vhose mental or physical health condition has deteriorated to the t.IegTee self l.:are is not po,",siblc, there is no l:apable L'aregiver, and institutional plal:elllent will Ol.:l:ur within 72 hours. 2. Plionty Ctiteria for Scrvil.:e Delivery for Other AssesseJ Individuals: The assessment and provision of services shoulJ always I:onsider the most cost effective means of service delivery. Functional impaitment shall be determined through the department's l.:onsumer assessment form administered to e;;ll.:h applicant. The most frail individuals not Plioritil:ed in Section lV.B.l. above will rel:eive services to the extent funding is availahle. C. Client Information, Registration and Tracking System (CIRTS) 1. The recipient will ensure the l.:ol\ection and maintenanl:e of Home Care for the Elderly (HCE) subsidies and case management information on a monthly basis from the ClientlnfOlmation, Registration anJ Tral.:king System (CIRTS). Maintenance includes valid exports and backups of all data and systems al:cording to depattment <;tandards. 2. The rel.:ipient must ensure all data for HCE subsidies arc entered in the CIRTS by the 15th of eal.:h month. HCE subsidy data entered into the ClRTS by the 15th of the month will he for payments incutTed hctween the 16th of the previous month 7 Agenda Item No. 1608 July 27,2004 Page 9 of 12 06/04 Agreement No. HCE316.203.04 amI the 15th of the current month. Case management d..lta entered into the CIRTS hy the 15th or the month will he for units of servire provided duting the previous month from the 16th and up to and induding the 15th of the current month or rase management units of servke may he entereu arcoruing to the recipient srhedulc. in aggregate on the 31 st or dai 1 y, wee kl y or mon th 1 y. 3. The recipient will ensure data entry for HCE suhsidies will cease on the 15th of the month and the CIRTS :Ylonthly Servke Utilil.ation Report. by ronsumer anu by worker identification is generateu. ~. The recipient will ensure the :Y1onlhly Utilkltion Report. by ronsumer and by worker identi fication is veliticd. cOlTerted. certitied no later than the 20th of the month in \vhirh the report is generated. 5. The recipient will ensure raregivers uctcrmined eligible for the HCE bask subsidy after the 15th or a month. \vill he proressed to hegin eligibility for the HCE basil.: suhsiuy on the] st day of the next month. x Agenda Item No. 1608 July 27,2004 Page 10 of 12 06/04 Report l';umber ] J 3 4 5 6 7 8 L) 10 II ]2 13 14 ]5 ]6 ]7 ] 1-) Legenu: Note #]: Note # 1: Agreement No. HCE316.103.04 HO:\IE CARE FOR THE ELDERL Y PROGRA.VI AGREE~'IE:\T REPORT CALE;\DAR Based On July Advance* August Advance* September Auvance July ExpenJiture Report Augu'it Expenditure Report September Expenditure Report Octoher Expenditure RepOlt :\ovember Expenditure Report Decemher Expenditure Report January Expenditure Report February Expenditure Report \1arch Expenditure Report April Expenditure Report \1ay Expenditure ReporUJuly Adv. Re\';on.** June Expenuiture Report/August Auv. Recon.** OralOt Closeout Report Final Expenditure and Reque5t for Payment Report C!o<.;cout Report A TT ACHl\lENT II Submit to State On This Date July I July I August I August 10 September 10 October 20 November 20 December 20 January 20 February 10 March 20 Aptil 20 May 20 June 10 July 20 August 15 September 15 October] 5 Auvance baseu on projel..'teu l..'ash need. Submission of expenditure reports mayor may not generate a payment request. If final expenuiture report rellci:ts funus uue bal..'k to the department. payment is to accompany the report. ** Report #] for Advance Basis Agreements l..'annot he submitted to the Senior Solutions prior to July I or until the agreement with the agency has been executed. A;.;tual submission of the voul"hers to the agency is dependent on the ,H:cural..'Y of the expenditure report. The last three months of the recipient's fi~al rep011s coveting actual expenditures should retlcct an adjustment repaying advances for the first three months or the agreement. L) Agenda Item No. 1608 July 27, 2004 Page 11 of 12 06/04 I. 2. 3. Agreement No. HCE316.203.04 HOMECAREFORTHEELDERLYPROG~~ BUDGET SU:\Iy(ARY Collier County Services For Seniors HCE Suhsidies $ 90.765.00 HCE Case Management $ 6.594.00 Total $ 97.359.00 10 A TT ACHMENT III Agenda Item No. 1608 July 27, 2004 Page 12 of 12 EXECUTIVE SUl\I~[ARY Recommendation to approve the Alzheimer's Disease Initiative continuation grant in the amount of $105,706 and authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc.. DIBI A Senior Solutions of Southwest Florida. OBJECTIVE: TIle execution or this C011lract is necessary ror uninterrupted support services to Services for Seniors' frail. elderly clients. CONSIDERATIONS: Collier County Services for Seniors has been providing ease management and facility respite services to Collier County's frail elderly for the past 13 years through tIle AI/heimer's Disease Initiative. The linal contract has been received to reflecl the actual a[hx:ation. The total grant amou11l of $105,706 is for the period July J, 2004 through June 30, 2005. Funds are available from the State of Rorida grants and aids appropriation. Of the total gralll award. $559 will be recognized as the direct funding portion of the County for case management. The remaining $105,147 will be retained by the grJntor agency to pay for direct serviccs authorized by Collier Coullly Services I"or Scniors. GROWTH MA:\AGE:\IE;\iT: There IS no growth managcmcnl impact from this rccolllll1endation. .- FISCAL [:\IPACT: A \,'ontinuation budget requcst was previously approved and budgctcd in the amount of $559. Therc is no additional liscal impact. This gr..ull rcquircs Ill) kx:al matching funds. RECOl\HIE:\DATIOl'iS: Stafr rccommends that thc Board of Coullty Commissioners Chainn:1n sign thc agrccment. .-. Agenda Item No. 1609 July 27,2004 Page 1 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 1609 Item Summary Recommendation to aoprove the Alzhelmers Disease Initiative continuation grant in the amount of $105,706 and authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. Meeting Date 7'27/20049:00:00 AM Prepared By '"",ii j,. Q.mlals ::;nllCS CJor'.1inator 7/13/20041:.51:34 PM ::>'J'JiIC Sar/I'Jes Human Services Approved By 3J(r; 'NIIiJms Hl.lmJn 3C?r'/ices Director Date j:J'..;bj;C ..5er/ices Human Services 7/10/2004 2: 11 PM Approved By "b(IJ RJrY1sey ::>J('<;33. Recreation Director DJte pr..d)! ic Servi ces ParKS :md RecreatIOn 7'19/2004 11 :08 AM Approved B)' Pat lehnhard ~dmii1istrJt.i'/e Assistant Date County i'vlanager's Office Office of Management & Budget 7119/2004 11 :26 AM Approved By GJry ,~. Vincent ManJgement & Budget Analyst Date County Manager's Office Office of iVlanagement & Budget 7/19/200411:58 AM Approved By i'vlichael Smykowski Management & Budget Director Date County Manager's Office Office of :'vlanagement & Budget 7/19/200412:15 PM Approved By hmes V. :Vludd Count.y Manager Date 3'Jdi:J vf C:)i..;nty C -,-:1m y-:,; 33:'~ '12!" ~ Cvlmty \/lal1ager's Office 7:19/20044:38,:l!VI Agenda Item No. 1609 July 27, 2004 Page 2 of 12 06/04 Agreement No. ADI306.103.04 STANDARD AGREEMENT Collier Countv Services for Seniors THIS AGREE~IE~T is entered into hetween the Area Agenl:Y on Aging for Southwest FIOlida. Inc. dlb/a Senior Solutions of Southwest Florida. hereinafter referred to as the "agem.:y" Jnd Collier Countv Services for Seniors, hereinafter rcfelTed to as the "recipient." This agreement is suhjeL't to all provisions I:ontaincd in the \-lASTER AGREEMENT executed het\.veen the AgenL'Y and the recipient, Agreement No. HM()()4, and its SUl.:l:essor, inl.:orporated herein hy reference. The parties agree: I. Recipient Agrees: A. Services to be Provided: To plan. develop, and aCl.:omplish the services delineated. or other\vise cause the planning, development, and accomplishment or sw:h services and activities. under the condi tinns speci ried ano in the manner presclihed in A TT ACH:V[E~T I or thi s agreement. B. Final Request for Payment: The rel.:ipient must submit the final request for payment to the Agency as per A TTACH""IE:\T II. Any payment due under the terms of this agreement may be \vithheld until all reports due from the recipient, and necessary aojllstments thereto, have heen approved hy the Agency. II. The Agency Agrees: A. Agreement Amount: To pay for services according to the condi tions of on A TT ACI-L.'lENT I in an amount nnt to exceeo Leao $559.00. ano note to exceed Spenoing Autholity $105.147.00, suhject to the availability of funds. B. Obligation to Pay: The State of Florioa's performam:e and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. C. Source of Funds: The costs of services paid under any other agreement or from any other source are not eligible ror reimbursement under this agreement. The funds awarded to the redpient pllr<.;uant to this agreement are in the state grants and aios appropriations and consist of the follmving: Agenda Item No. 1609 July 27, 2004 Page 3 of 12 06/04 Agreement No. A0I306.203.04 ,_.." I Senices Year Reimbursement Rate I Maximum t:nits I , Case Management 2004- 543.53 I 7 I Case Aide 2005 521.00 7 ! Intake S26.H5 I 4 I ! I Pro2ram Title !Year i Fundin2 Source CFDAJCSFA # Fund Amounts ALt.heimer's Disease 2004-2005 General Revenue/TSTF 65004 $559'<)( Initiative - Case Management/Case Aide/Intake AI/.heimer.... Disease 2004- 2005 General Revenue/TSTF 65004 S 105. 147.0( Initiative - Spending Authority TOTAL FL~DS CONTAINED I~ TI-llS $105,706.00 AGREE~IE~T: 111. Recipient and Department ~Iutually Agree: A. Effectiw Date: 1. This agreement shall hegin on Julv 1.2004 or on the date the agreement has been ..;igncJ hy hoth panics. \vhil;hever 1S [ateI'. 2. This agreement shall end on September 15,2005. B. Termination, Suspension, and/or Enforcement: The l;auses anJ remedies for suspensilln or termination of this agreement shall follow the same pnK:edures as outlined in SCl.:tion Ill.B. ami SCl.:tion 1I1.c. of the Master Agreemenl. C. Recipient Responsibility: i':ot\vithstanding the pass-through language l.:ontained in the Assignments and Suhagreements l.:lause of the Master Agreement. the recipient maintains responsibility for the perfOlmance of all suhrecipients in al..'cordancc with all applicable federal and state laws. "l Agenda Item No. 1609 July 27, 2004 Page 4 of 12 "..A....-..~ 06/04 Agreement No. ADI306.203.04 D. ~otice, Contact, and Payee Information: 1. The name. address. and telephone number or the grant manager for the Agenl:Y for this agreement is: Leigh Wade. Exel:utive Direl:tor 22H5 First Street Fort Myers, Florida 33901 (239)332-4133 SC 74H-6947 2. The name. address. and telephone number of the representative 0[' the rel:ipienl responsible for administration of the program under this agreement is: BaLTY Williams Collier County Services For Seniors 3301 East Tamiami Trail Naples, FL. 34112 (239) 774-H 154 3. In the event dilkrent representatives arc designated by either party alter excl:ution or this agreement. notil:c ol the name and address of the new representative will be rendered in writing to the other pi.l11y and said notification attal.:hed to miginals of [his agreement. ... The name (recipient name as shown on page I of this agreement) and mailing address 0[' the nllicial payee to \vhllm the payment shall he made: Collier County Services For Seniors 3301 East Tamiami Trail Naples, FL. 34112 ., ., Agenda Item No. 1609 July 27, 2004 Page 5 of 12 06/04 Agreement No. AD1306.203.04 06/04 Agreement No. ADr306.203.04 TN \VIT?\"ESS THEREOF. the parties hereto have caused this lQ page agreem.:nt to be executed by their undersigned officials as duly authorized. COLLIER CDCNTY SERVICES FOR SE~TORS BY: .\ TTEST: :l\V1CHT E. BROCK. Clerk BOARD OF COLNTY CO\.L'vIlSSrO\:ERS COLUER COCr:.:TY. FLORIDA By: 3\': Dor.n:l F:aia. CIlJ.imlan Board oiCounty CommissIOners Date: r .'~e In. ~1.li)4 Deputy Cerk J, ppro\cd as to form ar.d legal ;:;ultlClency SC\J!OR SOLUTIONS Or SWFL :\REA AGEr-.:CY ox AGf.'G ~~.~ Assls,an .11"'ur.ty A.Clomey By: BOJ.n.l Pre~lJerlt Date: IlIrle 50, 2004 '.Vitnt:ss: Pr:nt Name: FEDER.-\L !D :'--jL)'1BER: 59-(J000558 FISCAL YEAR-EN1) DATE: SEPTE),lBER 30.2004 4 4 Agenda Item No. 1609 July 27, 2004 Page 6 of 12 06/04 Agreement r-;o. AD1306.203.04 A TT ACHl\'lENT I ALZHEDlERS DISEASE INITL.\ TIVE PROGRA.\'1 I. STATE"'IENT OF Pl:RPOSE The AIl.heimer"s Disease Initiative (ADI) Program is focused on caring for persons l~ + with memory disorders. II. SERVICES TO BE PROVIDED A. Services: 1. The recipient' s service provider application for slate fiscal year 2003-2006. and any revisions thereto approveu by the agency anu locateu in the agency's file. are ilKorporateu by reference in this agreement between the agency and the recipient and prescribe the serVIce, to be renucreu by the recipient. 2. Consumers may not he uually enrolled in a Depanment of Eluer Affairs' state general revenue funded program. including ADI. and any of the \-ledicaid capilated long-term care health plans or programs. B. :\lanner of Service Provision: The ,ervices will he prnviued in a manner con,istent v.ith and described in the recipient's service proviuer application for state fiscal year 2003-2006 and the Department of Elder Affairs Home and Community-Based Services Handbook. In the event the handbook is revised. such revision will automatically be incorporated into the agreement and the recipient \vill be given a copy of the revisions. III.:\IETHOD OF PA YME~T A. The method of payment in this agreement is fixed rate for services. The recipient must ensure fixed rates include only those costs that are in w.:cordance with all applicable state .lOd federal statutes and regulations and are based on audited historical costs in instances where an inuepeOllcnt audit is required. The recipient shall submit an invoice to the agency with suppor1ing CIRTS documentation. B. The recipient shall maintain documentation to suppot1 payment requests. which shall be available to the Department of Financial Services or the agency upon request. C. The recipient may request a monthly advance for administration and service costs for each of the first two months of the agreement period. \lased on anticipated cash needs. Detailed documentation justifying cash needs for advances must he suhmittcd with the signed agreement. approved by the agency. and maintained in the agency's tIle. All Agenda Item No. 1609 July 27, 2004 Page 7 of 12 5 06104 Agreement No. ADI306.203JM paymenl requc'its for the thin.! through the twelfth months shall be based on thc submission or actual monthly expenditure reports beginning with thc lirst month of the agreemcnt. The 'il,:hedule for 'iubmission of advanl.:C rcquests is ATTACH~IENT II to this agreement. Rel.:onciliation and rCl.:ouping of advanl.:cs made under this agreement are to he completcd by the time the final payment is made. All advance payments arc suhjel.:t to thc a\.ailability of funds. D. Advance fumIs may be temporarily invested by thc rcdpient in an insured interest hcaring account. All intcrest earned on agreement fund advances must be returned to the agency within thirty (30) days of thc end of the first quarter ofthc agreement pcriod. E. Additional Reporting Conditions: I. The rel.:ipient agrees tn implement the distribution of funds as detailed in the servil.:C provider applicalion and the Budget Summary. A IT ACHME:";T In to this agreement. Any changes in the amounls nf thc funds identil'icd on the Budget Summary fnrm reLjuire \vrittcn confirmatinn hy the agenl.:Y. Changes to budget categories lhat change the total agreement amount require a formal amendment. .., This agreemenl is for services provided during the 2004/2005 Slale Fisl.:al year beginning July]. 2()()'4 lhrough June 30. 200S, however, the agreement is in elTel.:t thl'llugh September 15.2005, in order to provide for maximization of resources and to aJ]nw Cor greater llcxihilily tn pay fnr the services rendered hy June 30, 200S. Services provided after June 30. 1005 cannot bc reimbursed under this agreement. 3. The rel.:ipienl ..,halI submit a draCt l.:losenL1l repot1 hy Au!!ust 15. 200S. Any agreement amenomcnts after August 15,2005. oetermined nel.:cssary by the agenl,:y, WIll be haseu nn the draft closeout rcports. 4. The tlnal expenJiture report and request for payment will be due to the agency no later than September 15. 2005. ~o cxpenditlU"c reports or requests for payment will be <l(,,:cepled .llkr September 15, 2005. F. Any paymcnt due by the agency under thc terms of this agreement may be withheld pending the rel..'eipt and approval by the agency of complete and al.:l..'urate rinanl..'ial and programmatic repm1s due from the recipient and any adjustments thereto, induding any disallowanl.:e not resolved as outlined in Sel:tion I.T. of the Master A,greemcnt. o Agenda Item No. 1609 July 27, 2004 Page 8 of 12 06/04 Agreement No. :\01306.203.04 IV. SPECIAL PROVISIO~S A. State Laws and Regulation: 1. The recipient agrees to comply with applkahle pal1s of Rule Chapter 580-1. Florida Administrative Code. promulgated lor administration or Sections 430.501 through 430.504. Florida Statutes. and the Oepat1ment of Elder Affairs Hl)me and Community-Based Services Handbook. B. Assessment and Prioritization for Service Delivery for New Consumers: The fnllowing arc the ctitetia to prioritize new consumers for service delivery. It is not the intent olthe agency to remove existing consumers lrom any services in order to serve new cni1sumers heing J.s<.;es<.;ed and priotiti/.ed for service delivery. 1. Priority Criteria for Service Delivery: a) individuals in nursing homes under \kJkaiJ \vho l'llulJ be transleneJ to the c\)[l1munity: 11) individuals in nursing homes whn<.;e McJicare coverage is exhausteJ and may he Jivet1('d to th(' community: C) individuals in nursing 11l)mes that arc dnsing and can he Jischarged to the I..'ummunity: or d) inJividuals \vho,>e mental or phy'>ical health conditiun has deteriorated to the degree self care is not pmsiblc. there is no capable caregiver. and institutional placement will occur within 72 hours. 2. Priority Criteria for Service Delivery fOI' Other Assessed Individuals: The assessment and provision or servi\..'es <.;hnulJ alway<.; \,.'(ll1<.;ider the mo<.;t \..'ost crfe\..'tive means of service Jelivery. Fun\..'tional impaitment shall be determined through the agen\..'y's \..'on<.;umer as<.;essment form administered to ea\..'h appli\..'ant. The most frail individuals nnt ptioritized in Section IV.B. I. above will receive services to the extent funding is available. C. Co-payment Collections: 1. The agency will ensure redpients estahlish annual co-payment goals. The agency ,tho has the option to \vithhold a portion \)1' the rel..'ipient' s Request for Payment if gnuls arc not met accorJing to the agency's co-payment guidelines. 7 Agenda Item No. 1609 July 27,2004 Page 9 of 12 06/04 Agreement No. ADl306.203.04 2. Co-payments include only the amounts asses'ied consumers or the amounts consumers opt tllcontlihute in lieu of an assessed co-payment. The contribution must be equal to or greater than the assessed co-payment. D. Collaboration with ~Iemory Disorder Clinics: Memory Disorder Clinks are required to provide four hours of in-service training to all respite and model day care centers in their designated service areas. The re..:ipienl a~'Tees to collaborate with ;v1cmory Disorder Clinics tn assist in this e11011. F. Service Cost Reports: The recipient is required to ...ubmit semi-annual ...ervice cost reports, which relleet actual co...ts of providing each ...ervice by program. This report provides information for planning und negotiating Llr1it rale.... x Agenda Item No. 1609 July 27, 2004 Page 10 of 12 06/04 Report i\umher I I ~ ,) 4- -" o 7 8 <) 10 II 12 13 14- 15 10 17 Agreement No. ADI306.203'()4. ALZHEIMER'S DISEASE I~ITIATIVE PROGRA.\1I COl\"TRACT REPORT CALE~DAR Based On J ul y Ad Yanl.:e* August Adyance* July Expenditure Report August ExpenJiture Report September ExpenJiture Report Odllhcr ExpenJiture Report :\ovemher ExpcnJiture Report December ExpenJiturc Repmt January ExpenJiture Report February ExpenJiture Report \llan.:h ExpenJiture Report April ExpenJiture Report \ltal' ExpenJiture Repllrt/July AJy. Reclln."'* June Expenditure ReporUAugust Adv. Rccon.** Draft Closeout Report Final Expenditure and Request for Payment Report Cluseout Report A TT ACHMENT II Submit to State On This Date July I July I August 10 September 10 Ol~tober 10 ]\'llvember 10 December J() January 10 February 10 March 10 AplillO May to June 10 July J() August 15 September 15 Odober I Legend: '" Advance baseJ \)n projected cash need. ,~~,~ Submission ol' expenditure reports mayor may not generate a payment rctlucst If' final expenditure report retlccts funds due back to the department. payment is to aCCllmpanl' the report. ]\'ote # I: Repm1 # I for Advance Basis Cnntracts cannot be submitted to the Agency prior to J Lily 1 or until the contract with the agency has been executed. Actual submission of the vouchers to DFS is dependent on the accuracy of the expenditure report. ]\'ote # 2: The last two months or the recipient's fiscal reports covering actual expenJitures should rellect an adjustment repaying adyallL"eS for the first two months or the con tract. <) Agenda Item No. 1609 July 27, 2004 Page 11 of 1 2 06/04 Agreement No. ADI306.203.04 A TT ACI-IJ\IE~T III ALZHEIMER'S DISEASE I~ITL\ TIVE PROGRA.\tI BUDGET SUM\'IARY Collier County Senices For Seniors I. C~SC \1~nagcmcntlCasc Aide/Intake s 559.00 ") Respite Servil.:cs :5 ]()5.147.00 3. Total S I 05.706.00 ]() Agenda Item No. 1609 July 27, 2004 Page 12 of 12 - EXECUTIVE SUl\L'''ARY Recommendation to approve the Community Care for the Elderly continuation grant in the amount of $614,132 and authorize the Chairman to sign the agreement between ColUer County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. OBJECTIVE: TIle execution of this cOlllract is nel'essary ror uninterrupted support services to Services for Seniors' frail. elderly clients. COl\SIDER-\ TIONS: Collier County Services for Seniors has been providing in-home support services to Collier Cllunty's frJil elderly for the past 30 years through the COlllmunity Care for the Elderly program. TIle I\)tal gralll amount or $614,132 is for the I~riod July I. 20()..j. through June 30, ~005. Funding is available from the State of FI01ida grallls and aids appropriation. or the total grant award, $204,523 will he recogni/.ed as the direct funding portion 01" the County for case managelllelll, lransponation and adlllinistrJtion costs. The remaining $409,609 will be retained by the grantor to pay for dire\:! services authorized hy Collier Coullly Services for Seniors. A total or $64,900 in !lx:allll:Jlehing I"unds was approved in [he FY 04 hudget as a contrihution from the General Fund ((X) I) to Services I'm Seniors ( 123). -, GRO\VTH MA:\AGE.\IE:\T: Th~rc is no growth managemenl impa!:l from lhis recommendation. FISCAL I.\IPACT: A continuation budget request was previously approved and hudgeted in the aIlloulll of $204,523. A tulal 01" $6"',900 in matching funds was approved in the FY 04 hudget as a contribution rrolll Ihe G~n~ral Fund (001) to Servkes I"m Seniors ( 123). RECOt\n,[ENDA TIO~S: Starr recommends that the Board of County Commissioners Chainnan sign the agreemenl. '-. Agenda Item No. 16010 July 27,2004 Page 1 of 13 COLLIER COUNTY BOA.'~D OF COUNTY COMMISSIONERS Item Number 15010 Item Summary R2comme~dation to 38prove the Community Care for the Elderly continuation g'afltn the amount of $614,132 and authorize the Chairman to sgn the ag'eement between Collier County Board of County Commissioners and the "'~ea Agency on Agi1g for South'Nest Florida, Inc, O,iB!A Senior Solutions of Southwest Flor:c~a, Meeting Date 727 2C04 geO '~C ,4}11 Prepared By ~,. ='j;~1 ~ ::5 3nrw; C .)Qr'.1inator :10,2004 1.36.19 ~'II -' .,.) ,; -:.:; ,~\j ';~s f11.!ii'ldn S ~r'/ic:7s Approved By 2:1(,..../ ,'Ii -~;:13 H1ir13fl .)~('/i'-:~3 C,j(qr:~or J Jte :'l" "2 -; 3.;r''''<.:~s ~!jn1Jn 3::r'/iG~s :' 13,2004 2: 10 ':>"11 ,..,,- Approved By '.1-J;. J~] r""l S~ l .:JJ.r~<3 ,_~ ,:~-':c(~:Jrjon Di(~ctGr JJte ? I...;:; ,'; 2~ ,-'; i :. ~ :; ,::J1r~<,31rld :~~cr8'atjon ~:3;2C04 11, 1 ~ ~,v1 Approved By ':}l'~ i__:C:;lllfi](;j .'\dmini3trJciv9 Assistant D,Jle C<.l'JlHj ,\ILmager',; Offi(;e Office or ,\lanagement & Budget 7.19,2004 11 :23 AM Approved By '':;J(Y A. \/'ncent :',l:1nJgement ,~ Budget Analyst Date C ou r:tyv1:i n a Cjer' s C ft'.:e Offi ce of ,'l1c'lnagement & Budget 7'19;200411:51 A,\1 Approved By "Iichael .3my~o'Nski .';lJnagement & 8udget Director Date County .\Ianager's Office Office of ,I/lanagement & Budget 7/19/200412:13 PM Approved By JJr1es V ,\I':dd County MZlnJger Date 3,)c3rd 'JF Cvl~nty :.::. (Tl ~: S:5!") n~~l!':; County ,1,1H:d(]er'g Office 7 H 2004 5.13 p'Vl Agenda Item No. 16D10 July 27, 2004 Page 2 of 13 .."-'".._-~.- ~. ..., 1Ill1r.."".. "^.,,___ 06/04 Ab'Teement ;\I,). CCE304.203.04 STANDARD AGREEMENT Collier County Senices for Seniors THIS AGREE.ME:\T is entered into between the Area Agency on Aging for Southwest Fhllida. rnc.. dlbla Senior Solutions of South\vest Florida. hereinafter referred to as the "agency" and Collier Countv Senices for Seniors, hereinal"tcr rden'ed to as the "recipient." This agreement is subject to all provisinns contained in the :Y1ASTER AGREEME~T executed bet\veen the agency and the recipient Agreement No. HlV10()4. and its successor, incorporated herein by reference. The parties agree: I. Recipient Agrees: A. Services to be Provided: Tn plan. develop. and accnmplish the services delineated. or othef\vise cause the planning. uevelopment anu accomplishment or such services anu activities, under the conuiti()ns specilied and in the manner presniheu in A TT ACH~-IE~T I or this agreement. B. Final Request for Payment: The re~:ipient must submit the final request Cor p;tyment to the agency as per A TTACH~IE~T II. Any payment due under the terms oC this agreement may be withheld untl] al] reports uue rrom the recipient. and necessary aujustments thereto, have heen approvcu hy the agency. II. The Agency Agrees: A. Agreement Amount: Tn pay for services accnrding to the conuitions of A TTACHyIE~T [ in an amount not to exceed Lead$204.523, anu nnt to excccJ SpenJing Authmity $409,609. subject to the availability of funds. B. Obligation to Pay: The State of Florida's performance amI obligation to pay under this ab'Teement is contingent upon an annual appropriatinn by the Legislature. C. Source of Funds: The costs of services paid under any other agreement or from any other source are not eligible for reimbursement under this ab'Teement. The runds awarded to the recipient pur"uant to this agreement arc in the "tate grants and aids appropriations and consist of the follnwing: Agenda Item No. 16010 July 27,2004 Page 3 of 13 06!04 A,grccmcnt ~o. CCE304.203.04 i Services Reimbursement Rate , Year :\>faximum L' nits I I Case ~1ana!!cmcnt 2004- $39.17 I 2.832 I ~ 2005 i I Case Aide I Intake I I Transportation i $16.3X i 117 Leau ,'\gel1l.:Y I I Reimnursemellt Amount $91.658.00 i Program Title I Community Care i For the Elderly . Lead Agency Cllmmunity Care For the Elderly Spending AUlhllrity Year 2004- 2005 i Fundin Source General Revenue! Tllha(.:l'o Settlement Trust Funds General Revenue! Tllhacl'o Settlement Trust Funds I CSF A # , 650 lO Fund Amounts S204523 I .2 004- 2005 65010 S409.609 III. Recipient and Agency ,.futually Agree: A. Effecth'e Date: 1. This agreement shall begin on July 1.2004 or on the date the agreement has been 'iigneJ by hoth panics. whil'hever i'i later. ., This agreement shall end on Septemher 15. 2005. B. Termination, Suspension. and/or Enforcement: The cause'i und remedies for suspension or termination of this agreement shall rollow the same pnX.'eJures as outlined in Section m.B. and Section IfI.C. or the Master Agreement. C. Recipient Responsibility: Kotwithstanding the pass-through language contained in the Assignments and Subagreements clause or the \-laster Agreement. the redpient maintains responsibility for the performal1l.:e ur all subrecipients in accordance with all applil:ahIc federal and >;tate laws. 2 Agenda Item No. 16010 July 27, 2004 Page 4 of 13 06/04 Agreement No. CCE304.203.04 D. Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the b'Tant manager for the agency for this agreement is: Leigh E. Wade. Executive Director Area Agency on Aging of Southwest FIOlida, Inc, d/b/a Senior Solutions of Southwest Florida 2285 First Street FOIt Myers, Florida 3390] (239) 332-4233 SC 748-6947 2. The name. address, and telephone number of the representative of the recipient responsible for administration of the program under this agreement is; BaITY Williams Collier County Services for Seniors 330] East Tamiami Trail Naples, FL. 341] 2 (239)774-8154 3. In the event different representatives are designated by either party after execution of this agreement, notice of the name aIld address of the ne',.\! representative will be rendered in writing to the other party and said notification attached to originals of this agreement. 4. The name (recipient name as shown on page] of this ab'Tcemcnt) and mailing address of the official payee to whom the payment shall be made: Collier Countv Services for Seniors 330 I East Tamiami Trail Naples, FL. 34] 12 3 Agenda Item No. 16010 July 27,2004 Page 5 of 13 06/04 Agreement No. CCE304.203.<>4 06/04 Agreement No. CCE304.203.04 rN WIT~cSS THEREOf. the: parties hereto havepuscd this l! page agreement to be cxecuted by their undersigned officials as duly authorized. . COLLIER COU:-';TY SERVTCES FOR SENIORS BY: ArrEST: DWIGHT E. BROCK, Clerk BOARD OF COln";TY Cm.nvnssloNERS COLLIER COUNTY. FLORID.-\. 8y: By: Deputy Clerk Donna Fiala, Chairman Board ofCounty Commissinners Date: June 3D, 2004 Approved as to form mJ legal sufficiency ~/~ ,.1,ssistant County Attomey SENIOR SOLL'TIONS OF SWFL AREA AGENCY ON AGING By: Board President Date: June 30. 2004 Witness: Print Namc: FEDER.-\L ID ~TfvlBER: 59-6000558 FISCAL YEAR-END DA TE: SEPTE~lBER 3D, 2004 4 4 Agenda Item No. 16D10 July 27,2004 Page 6 of 13 06/04 A&'Tcemcnt No. CCE304.203.04 A TT ACHl\'lENT I COMMUNITY CARE FOR THE ELDERLY PROGRAM I. STATEMENT OF PURPOSE The Community Carc for the Elderly (CCE) Pro&'Tam provides community-bascd services organized in a continuum of care to assist aged 60 + ciders at risk of nursing home placement to Ii vc in the least restricti ve environment suitable to their necds. II. SERVICES TO BE PROVIDED A. Services: 1. The recipient's service provider application for 2003-2006, and any revisions thereto approved by the agency and located in the agency's file, are incorporated by reference in this agrcement betwecn the agency and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be dually enrolled in a Department of Elder Affairs' state general revenue funded program, including CCE, and any of the Medicaid capitated long- term care health plans or programs. B. Manner of Service Provision: The services will be provided in a manner consistent with and desclibed in the recipient's service provider application for 2003-2006 and the Department of Elder Affairs Home and Community-Based Services Handbook. In the event the handbook is rcvised, such revision will automatically be incorporated into the agreement and the recipient will be given a copy of the revisions. III.METHOD OF PAYMENT A. The method of payment in this agreement includes advances and cost reimbursement for adminisU"ation costs and fixed rate for services. The recipient must ensure fixed rates include only those costs that are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. The recipient shall consolidate all requests for payment from subrecipients and expenditure reports that support requests for payment and shall submit to the department on forms 106C and lOSe. B. The recipient shall maintain documentation to support payment requests which shall be available to the Department of Financial Services or the agency upon request. S Agenda Item No. 16010 July 27, 2004 Page 7 of 13 06/04 Agreement No. CCE304.203.04 C. The recipient may request a monthly advance for administration and service costs for each of the first two months of the agreement period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed agreement. approved by the agency, and maintained in the agency's file. All payment requests for the third through the twelfth months shall be based on the submission of actual monthly expenditure reports beginning with the first month of the agreement. The schedule for submission of advance requests is A TT ACH.."IENT II to this ab'Teement. Reconciliation and recouping of advances made under this agreement arc to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. D. Advance funds may be temporalily invested by the recipient in an insured interest bearing account. All interest earned on ab'Teement fund auvances must be returned to the agency within thirty (30) days of the end of the first quarter of the agreement peliod. E. Additional Reporting Conditions: 1. The recipient ab'Tees to implement the distribution of funus as detailed in the service provider application for 2003-2006 and the Budget Summal)', ATTAClll''1E~T III to this ab'Teement. Any changes in the total amounts of the funds identified on the Budget Summary form require written conl1rmation by the agency. Changes to budget categOlies that change the total agreement amount require a formal amendment. 2. This agreement is for services provided during the 2004/2005 State Fiscal year beginning July 1,2004 through June 30, 2005, however, the agreement is in effect through September 15, 2005, in order to provide for maximization of resources and to allow for greater Ilexibility to pay for the services rendered by June 30, 2005. Services provided after June 30, 2005, cannot be reimbursed under this agreement. 3. The recipient shall submit a draft closeout report by August 15,2005. Any ah'Teement amendments after August 15, 2005, determined necessary by the agency will be based on the draft closeout reports. 4. The final expenditure rep01t and request for payment will be due to the agency no later than September 15.2005. No expenditure reports or requests for payment will be accepted after September 15, 2005. F. Any payment due by the agency under the terms of this agreement may be withheld pending the receipt and approval by the agency of complete and accurate financial and programmatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section J.P. of the Master Ab'Teement. 6 Agenda Item No. 16010 July 27, 2004 Page 8 of 13 06/04 Agreement No. CCE304.203.04 IV. SPECIAL PROVISIONS A. State Laws and Regulation: 1. The recipient agrees to comply with applicable parts of Rule Chapter 58C-l, Florida Adminisulltive Code, promulgated for administration of Sections 430.201 through 430.207, Florida Statutes, and the Department of Elder Affairs Home and Community-Based Services Handbook. 2. The recipient agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. B. Assessment and Prioritization for Service Delivery for New Consumers: The following are the cl;tel;a to priOl;tize new consumers for service delivery. It is not the intent of the agency to remove existing consumers from any services in order to serve new consumers being assessed and prioritized for service delivery. 1. Abuse, Neglect and Exploitation: The recipient will ensure that pursuant to Section 430.205(5), Florida Statutes, those elderly persons who are determined by adult protective serv1l;es to be victims of abuse, neglect, or exploitation who arc in need of immediate services to prevent further harm and arc referred by adult protective services, will be given primary consideration for receiving Community Care for the Elderly Services. As used in this subsection, "primary consideration" means that an assessment and services must commence within 72 hours after refelnl to the agency or as established in accordance with agency agreements by local protocols developed between agency service recipients and adult protective services. 2. Priority Criteria for Individuals in Nursing Homes in Receivership: The recipient will ensure that pursuant to Section 400.126 (12), Florida Statutes, those elderly persons determined, through a CARES assessment, to be a resident who could be cared for in a less restrictive setting or who do not meet the criteria for skilled or intermediate care in a nursing home, will be rderred for such care, as approptiate for the resident. Residents referred pursuant to this subsection shall be given primary consideration for receiving services under the Community Care for the Elderly program in a manner as persons classified to receive such services pursuant to Section 430.205, Flodda Statutes. 3. Priority Criteria for Service Delivery: a. individuals in nursing homes under Medicaid who could be transfelTed to the community; 7 Agenda Item No. 16010 July 27, 2004 Page 9 of 13 06/04 Agreement No. CCE304.203.04 b. individuals in nursing homes whose Medicare coverage is exhausted and may be diverted to the community; c. individuals in nursing homes that arc closing and can be discharged to the community; or d. individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregi vcr, and institutional placement will occur within 72 hours. 4. Priority Criteria for Service Delivery for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Service priority for individuals not included in groups one, two or three above, regardless of rcfetTal source, shall be detelmined through the depaltment's consumer assessment form administered to each applicant, to the extent funding is available. First priority will be given to applicants at the higher levels of frailty and tisk of nursing home placement. For individuals assessed at the same priority and risk of nursing home placement, priotity will be b>iven to applicants with the lesser ability to pay for services. S. Referrals for Medicaid \Vah'er Services: a. The recipient must require subrecipients. through the consumer assessment, to identify potential Medicaid eligible CCE consumers and to refer these individuals for application for Medicaid Waiver services. b. Individuals who have been identified as being potentially Medicaid Waiver eligible are required to apply for Medicaid Waiver servkes in order to receive CCE services and can only receive CCE services while the Medicaid Waiver eligibility determination is pending. If the consumer is found inclib>ible for Medicaid Waiver services for any reason other than failure to provide required documentation, they may continue to receive CCE services. c. Individuals who have been identitied as being potentially Medicaid Waiver eligible must be advised of their responsibility to apply for Medicaid Waiver services as a condition of receiving CCE services while the eligibility determination is being processed. 8 Agenda Item No. 16010 July 27, 2004 Page 10 of 13 06/04 A!:,'Tcement No. CCE304.203.04 C. Co-payment Collections: 1. The recipient will ensure subrecipients establish annual co-payment goals. The agency also has the option to withhold a portion of the recipient's Request for Payment if goals arc not met according to the agency's co-payment guidelines. 2. Co-payments include only the amounts assessed consumers or the amounts consumers opt to contribute in lieu of an assessed co-payment. The contribution must be equal to or greater than the assessed co-payment. 3. Co-payments collected in the CCE program can be used as part of the local maLch. D. Match: The recipient will assure a match requirement of at least 10 percent of the cost for all Community Care for the Elderly services. ll1e match will be made in the form of cash and/or in-kind resources. At the end of the agreement period, all Community Care for the Elderly funds expended must be properly matched. E. Service Cost Reports: The recipient will require subrecipients to submit semi-annual service cost reports which retlect actual costs of providing each service by program. This report provides information for planning and negotiating unit rates. 9 Agenda Item No. 16010 July 27,2004 Page 11 of 13 06/04 Report Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Legend: '" ** Note # 1: Note # 2: Agreement No. CCE304.203.04 A TT ACH~IENT II COMMUNITY CARE FOR THE ELDERLY PROGRAM AGREEMENT REPORT CALENDAR Based On July Advance'" August Advance'" July Expenditure Report August Expenditure Report September Expenditure Report October Expenditure Report November Expenditure Report December Expenditure Repott January Expenditure Report February Expenditure Report March Expenditure Report Aptil Expenditure Rep011 May Expenditure Report/July Adv. Recon.** June Expenditure Report/August Adv. Rccon.** Draft Closeout Report Final Expenditure and Request for Payment Report Closeout Report Submit to State On 11,is Date July 1 July 1 August 10 September 10 October 10 November 10 December 10 January 10 February 10 March 10 Apt; I 10 May 10 June 10 July 10 August 15 September 15 October 1 Advance based on projected cash need. Submission of expenditure reports mayor may not generate a payment request. If final expenditure rep0l1 retlects funds due back to the agency. payment is to accompany the report. Report #1 for Advance Basis Agreements cannot be submitted to the agency to July 1 or until the agreement with the agency has been executed. Actual submission of the vouchers to Department of Financial Services (DFS) is dependent on the accuracy of the expenditure report. The last two months of the recipient's fiscal reports covering actual expenditures should renect an adjustment repaying advances for the tirst two months of the agreement. 10 Agenda Item No. 16010 July 27, 2004 Page 12 of 13 06/04 Ab'Tcement No. CCE304.203.04 A TT ACI-IMENT III COl\tL\1UNITY CARE FOR THE ELDERL Y PROG~\1 BUDGET SUM~IARY 1. Lead Agency Services $112,865 2. Lead Agency Operations $ 91,658 3. CCE Spending AuthOlity $ 409,609 4. TOlal $ 614,132 11 Agenda Item No. 16010 July 27, 2004 Page 13 of 13 -- - .- EXECUTIVE SUMMARY Recommendation to purchase a rubberized natural grass field process for a soccer field at Vineyards Community Park from Turf Solutions Southeast at a cost of $30,000, to be funded by the Waste Tire Grant Program Obiective: To make use of state-of-the-art turf management technologies and promote recycling awareness through the use of grant opportunities. Considerations: The Parks and Recreation Department has been awarded a Waste Tire Grant Program grant from the Solid Waste Management Department for $30,000 for the application of a rubberized natural field ~rrass process on a soccer field at Vineyards Community Park. The project will involve the injection of crumb rubber derived from waste tires within the crown layer of the turf gr'.lSS. The crumb rubber layer protects the crown layer, where turf regeneration takes place; aids in field drainage; and provides additional cushioning which reduces the risks of sU1face-related player injury. In addition, the project wi II recycle approximately 7000 waste tires. TUl1' Solutions Southeast is the sole source vendor of this patented process in the Southeastern United States. Turf Solutions Southeast is contributing a $12,000 discount on the service as a match for this grant. Turf Solutions Southeast provides a wananty on their service under which they will re-sod the field if Parks and Recreation is not satistied with their product. The Waste Tire Grant Program is administered by the Solid Waste Management Department through a grant from the FIOlida Department of Environmental Protection. The Board of County Commissioners approved the Fiscal Year 03-04 award to Collier County from the Solid Waste Tire Grant Program on September 23, 2(Xn. Fiscal Impact: Staff has prepared a budget amendment recognizing $30,(X)() in revenue from the Waste Tire Grant Program and approptiating it to the Vineyards Field Project grant project. Growth Manaaement Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners authorizes purchase of a rubberized natural grass field process at a cost of $30,000 from Turf Solutions Southeast for a soccer field at Vineyards Community Park, to be reimbursed by the Waste Tire Grant Program. c Agenda Item No. 16011 July 27,2004 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Numbe, 16011 Item Summary Recommendation to purchase a rubberized nalural grass field process for a soccer field at Vineyards Community Park from Turf Solutions Southeast at a cost of $30,000, to be funded by the Waste Tire Grant Program Meeting Date 7/27/2004 9:00:00 AM Approved By Murdo Smith Beach and Water Superintondent Date Public Services Parks and Recreation 7/16/20044:44 PM Approved By Denise Kirk Waste Reduction & Recycling Manager Date Public Utilities Solid Waste 7/19/20048:52 AM Approved By Marlene J. Foard Grants Coordinator Date Administrative Services Administrative Services Admin. 71191200410:11 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 7119/2004 11'19 AM Approved By Kathy McLuty.Ci:lrpenhtr Executive Secretary Date Public Services Public Services .Admin. 7119/200411:25 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchal-iing 7121120049:0:1 AM Approved By Steve Carnell Purchasing/Gtmeral Svcs Director Date Administrative Services Pun:hasing 7/21/2004 !2:1H PM Apprm'ed By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 712112004 12:22 PM Approved By Susan Usher Senior ManagementJBudget Analyst Date County Manager's Office Office of Management & Budget 7/21/200412:39 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/21120042:19 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/21/20045:04 PM Agenda Item No, 16D11 July 27, 2004 Page 2 of 2 Jul 19 04 03:23p Ted Bernhardt. 410-654-1827 p.2 Turf Solutions - Southeast 215 West Naomi Drive Suite ##2 Naples, FL 34104 Phone 239.352.1299 Fax 239.353.8142 July 15, 2004 Collier County Parks and Recreation Department 3300 Santa Barbara Blvd. Naples, FL 34116 Attn: Ms. Annie Alvarez Send Via Fax: 239.353.1002 Dear Ms. Alvarez, Thank you for this opportunity to introduce you to Turf Solutions patented Rubberized Natural Grass Fields. Turf Solutions - Southeast is the only authorized distributor of this process in the Southeast United States. Turf Solutions, under a licensing agreement, applies crumb rubber to natura1 turf grass using Michigan States United States Patent in order to gain the benefits of being a sotter more resilient field that will wear better in all conditions Therefore, we believe that this qualifies as a sole source for this project. We look forward to working with you in order to prove these benefits in Collier County. Respectfully, Turf Solutions - Southeast G-~~ Ted Bernhardt Ih DII Ju 1 19 04 03: 23p T@d Bernhardt 410-654-1827 p.3 Turf Solutions - Southeast 215 West Naomi Drive Suite #2 Naples, FL 34104 Phone 239.352.1299 Fax 239.353.8142 Quotation Prepared for Collier County Parks and Recreation Department 3300 Santa Barbara Blvd. Naples, FL 34116 Julv 19. 2004 The purpose of this quotation is to describe the application of Turf Solutions sports field conditioning treatment using crumb rubber top dressing. One (1) complete treatment of a soccer field Includes: Turf Solutions type A & B crumb rubber mix (produced from Florida tires) Freight for the crumb rubber All machinery and labor to perform the installation Total price installed... .. .........,., .$30,000.00 . Price remains in effect for 45 days · Subject to Turf Solutions Standard Terms and Conditions of Sale . Terms: Net 30 from date of installation Ibb I) Jul 20 0"1 OS:5Sp Jim Stepp 82"1-5221 p.2 TO: Collier County Parks and Rec:reation Depar1ment 3300 Santa Barbara Blvd. Naples, Fl. 34116 ATTN:Ms. Amanda Towson Turf Solutions Satisfaction Guarantee Turf Solutions will guarantee that the patented crumb rubber application we perform to your field will meet with your complete satisfaction. If you are dissatisfied with the Turf Solutions top dressing process for any reason, then Turf Solutions will restore the field to its original condition by whatever means are necessary . Signed oM-> Stepp - Owner of Turf Solutions Box 501 . Taylorville, IL 62568 217-824-5221 . Toll Free 866-297-7155 llobi/ EXECUTIVE SUMMARY - Recommendation to award Bid No. 04-3621, Alarm Monitoring Services to Dehart Alarms for tire and burglar alarm services. (Estimated Annual Value: $25,000) OBJECTIVE: To award a contract to Dehart Alarm Company for the monitoring of fire and burglar alarms in County government facilities. CONSIDERATION: The Facilities Management Department is responsible for the security and fire alarm systems in County Facilities. As part of those services and to meet Collier County and State Fire Codes, many of the fire alarm systems require monitoring by a licensed, UL listed monitoring company. In an effort to provide competitive contracted monitoring services, a formal bid was prepared to solicit competent monitoring services. On February 19, 2004, formal bid invitations were posted in the lobby of the Purchasing Building (Building G) and distributed to forty-two (42) firms. On March 17,2004, bids were opened from five responsive firms (see attached tabulation sheet). Staff has reviewed the bids and recommends award to the lowest bidder, Dehart Alarms. Annual expenses for monitoring services total $25,000. - FISCAL IMPACT: Funds are budgeted in the Facilities Management and County Department operating budgets to cover these expenses. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award Bid No. 04-3621 Alarm Monitoring Services to Dehart Alarms for monitoring of fire and burglar alarms. - Agenda Item No. 16E1 July 27,2004 Page 1 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16E1 Item Summary That the Board of County Commissioners award Bid No. 04-3621 Alarm Monitoring Services to Dehart Alarms for monitoring of fire and burglar alarms. Meeting Date 7/27/20049:00:00 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 6/14/20042:43 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 6/15/20042:38 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date ,,- Administrative Services Facilities Management 6/23/20042:41 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 6/23/2004 3:43 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 6/30/2004 9:40 AM Approved By Robin Johnson Management'Budget Analyst Date County Manager's Office Office of Management & Budget 7/1/2004 11 :00 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/14/20041:45 PM Approved By James V. Mudd County Manager Date Board of County Agendal~lr~~~PM Commissioners County Manager's Office Pag~ 2 of 3 Projecllirle: Alann :\fonitoring Services Project Manager: Dan Rodriguez Faciliries Management Notices Senr: 42. Tabulation for Bid: jj()4.3621 Opening Date: March 17. ~ @ 2:30 pm. Posting [)ale: February ~5. 2C.>> DESCRlYfION Dehart Alarms Check Point Security Circle See... Sys. Americ..-an Alanos Commercial Ele-c Systems Securirv Monthlv MonilOrim! per location Price Per Month: 5 L!.OO 5 22.00 5 40.00 52500 528.33 Fire Alarm Monthlv Moniloriml ocr local ion Price Per Month: 5 15.00 522.00 575.00 535.00 528.33 Hourlv rate for service Price Per Hour 5 30.00 575.00 515000 545.00 570.00 Percent3pe of mark-~ on Material Percenl3l!e: 30% 25% 33C7c 25% 25% CODv of Collier Counrv Occ~[ional License auached? Y y N N Y - References & UL Listin2. an3ched':' Y N Y Ref. Y Y - ULListN - A2ent: Scan Johnson Wimess: Barbara Hecker Agenda Item No. 16E1 July 27,2004 Page 3 of 3 Page 1 01 1 c. .111' . +> EXECUTIVE SUMMARY .- Recommendation to award Quote # 04-0333 under contract # 02-3349 In the amount of $107,229.90, "Main Lobby Renovations of the Collier County Courthouse" to Surety Construction Co. OBJECTIVE: That the Board of County Commissioners award Quote # 04-0333 under contract # 02-3349 to Surety Construction Company for the Main Lobby Renovations of the Collier County Courthouse. CONSIDERATIONS: As part of the Oepartment of Facilities Management's Capital improvement program, Courthouse main lobby renovations were budgeted this fiscal year to replace terrazzo inside the Courthouse main lobby along with a new checkpoint and entrance layout. The current terrazzo flooring is worn and chipping away. The current checkpoint layout leaves much of the Courthouse main lobby space underutilized, leaving customers waiting in long lines often leading outside. - On January 23, 2004, three (3) bids were received for the renovation of the Collier County Courthouse (Contractor Bids, including add alternate #1 listed below). o Surety Construction Company: $127,229 o Wall Systems Inc. of SWFL: $129,656 o Varian Construction Company: $132,030 Surety Construction Company was the low bidder with a total bid of $127,229 (including alternate #1) and met all required qualifications and bidding specifications. Staff negotiated a new price of $107,229.90 with Surety Construction Co. as stated in the revised proposal dated May 3, 2004. This capital improvement project will help to create a safer work environment while enhancing our efficiency and overall customer service. FISCAL IMPACT: This project was anticipated and budgeted in the FY-04 Facilities Management 301 Capital Projects fund. The source of funds is Ad Valorem. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners award Quote # 04-0333 under contract # 02-3349 and alternate #1 to Surety Construction Company for the Courthouse Main Lobby renovations and authorize the Chairman to sign an Agreement with Surety Construction Company after review and approval by the County Attorney's Office. <,..--...., Agenda Item No. 16E2 July 27,2004 Page 1 of 5 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E2 Recommendation to award Quote # 04-0333 under contract # 02-3349 in the amount of $107,229.90, "Main Lobby Renovations of the Collier County Courthouse" to Surety Construction Co. 7/27/20049:00:00 AM Prepared By Damon Gonzales Administrative Services 6/22/2004 8:09:18 AM Facilities Management Approved By Skip Camp, C.F.M. Administrative Services Facilities Management Director Date Facilities Management 6/24/20043:14 PM Approved By Scott Johnson Administrative Services Purchasing Agent Date Purchasing 6/25/200410:43 AM Approved By .-- Steve Carnell Administrative Services Purchasing/General Svcs Director Date Purchasing 6/25/200412:55 PM Approved By Len Golden Price Administrative Services Administrative Services Administrator Date Administrative Services Admin. 6/28/20044:53 PM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 6/30/2004 9:42 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 7/1/20043:48 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/15/20049:06 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/15/20041:49 PM Agenda Item No. 16E2 July 27,2004 Page 2 of 5 .w. ollI WORK ORDER # SC-02-84 "Genera1 Contractor's Services" Contract #02-3349, dated June 11, 2002 This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Wock known as: Courthouse Main Lobby renovations. PROJECT: The work is specified in the proposal dated May 3, 2004, from Surety Construction Co. which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order #3C-02-84 is assigned to Surety Construction Co. Scope: Contractor to provide labor and materials for the renovations of the Main Lobby Courthouse (BLDG. L) as per Ar.chilectural drawings from victor Latavish AlA dated November 20, 2003. Schedule of Work: Complete within 90 days. Liquidated Damaqes: NONE Compensation: In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Base Bid: Add Alt #1 $ 48,099.90 $ 59.130.00 TOTAL FEE $ 10'7,229.90 Any chanqe made subsequent to final department approval will be con5idered an additional service and charged according to an executed Change Order as enumerated in Exhibit 0 of the Agreement. REVIEWED BY: Date Jack Crognale, Principal Project Manager Facilities Management Department Agenda Item No. 16E2 July 27,2004 Page 3 of 5 ... ,- Work Order #SC-02-84 Page 2 APPROVED BY: Skip Camp CFM, Director Facilities Management Department Date Surety Construction Co. ATTEST: (Corporate Secretary) By: Signature By: Typed Name and Title (or) witnesses (2) (1) (2 ) Signature Signature (Print, Name) (Print Name) Approved as to Form and Legal Sufficiency: Tom Palmer Assistant County Attorney Agenda Item No. 16E2 July 27,2004 Page 4 of 5 . ..........., . ."1 (r:.j '""8 ,......". ("'IUR::'Tl'-} ^f"V ,i -"'jO~ ~'C'IN j'~' ..'"~;:) I '1 1 u'1 ~ - I_~ j:::.. ,. 1 i. ";.,J I V ;: .. ~ . F<;){ NC. 9SnS77 r. 'J ~ I [il SUJ:1ETV ,I!!!! a co. NSTRUCTION ,iiiiiiiiiiI' COMP ANY f } \ , i , . 1. ! 1 l i I 1 I I I ! I I j i ~ay 3, 2004 Dan Rod!-:gue:>; Coilier Cuunty Gov. Facilities Manage:nent 3301 Eest Tamiarni Tr. Naples, Fl. 34112 Atm: Dan Rt:f: COLU'7ho'Usl.": lobby Renovations The following s~ope of ',york desclibed odow wi!! sc:.ve as our revised proposal to Quotation #D4-0333. Fm;t fool' lobby n:novatl,)ns bId. L Collier COl,nty COLl!'thol,;se. Vv' e wl11 provide :un time su?cr'l:siol1 labor and mr::.rcrial to complete the work at the abov~ reteren~edjob per plans prepar~d by Victo~ J. Latavish, .'\1-\ .'\.:cnitect dared] 1/20/03 Sheers SD- L A.2 through A-3, Sl'-I and E-!. Base bid: Add Alt #1 $ 48,099.90 $ 59.130.00 ! ! I i 1 I " ; 1 ~ j I Tot:tl Bilse Bid Plus Alternate Number Olle Sl07,229.90 lbe abov::: seop\: of work will comply WIth tr.e Collier Cour.ty V t:rtical Standards For Construction. Sincerely SURETY CONSTRUCTION COMPANY .1 , ;. .I.: Georg , cst&'e E:;timator se_o;J.,. g~ , ) ~ 21:S"4, SculhTamlami Trl1tl. 5utto ~O!) Bi)thta S;rU.,giS. ,::'lendS ~...1:;'" nU.on""o (2391 ~92.S<lJO I:A:( ~2::!gl 'V~-7~77 CGe ,; Q2ij670 C.:lC J :).:;l~7~ ::GC ; ()~1~32 Agenda Item No. 16E2 July 27,2004 Page 5 of 5 I I 1 ~ , , I 1 I I J I I I . I I I , i I I I 1 i I I i I I I - EXECUTIVE SUMMARY Recommendation to approve an agreement between the American Red Cross and the Board of County Commissioners to provide training to Collier County employees to become "American Red Cross Health and Safety" certified instructors and authorized providers of first aid, CPR, and other health and safety education programs. OBJECTIVE: To have the Board of County Commissioners approve and adopt an agreement with the American Red Cross and the Board of County Commissioners that would allow Collier County employees to become certitied instructors of American Red Cross training programs. ~ CONSIDERATION: In an effort to promote safety and provide a safer working environment for employees and the public, the Depmtment of Facilities Management is interested in developing on site American Red Cross certified instructors to train Department personncl. An agrecment between Collier County Government and the American Red Cross would permit the training of all potential insu'uctors to become authorizcd "American Red Cross Health and Safety Instructors", These instructors, in turn. would thcn be cCltified to teach first aid, CPR, and other health and safety education programs beneficial to Facilities Management and Collier County personnel. This agreement (see attachment) will help facilitate and provide clear direction to other Collier County employees interested in becoming certified "Ametican Red Cross Health and Safety Instructors", Guidelines will be in place and established for those Departments and/or individuals interested in obtaining certification in the future. FISCAL L'iPACT: Fiscal imp.u.~t is minimal. Any associated expenses for handbooks and/or educational materials would be covered within eal.:h DepmtmenL's cost center, GROWTH MA1'JAGEMENT IMPACT: There is no impal.:t on the Collier County Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners approve the Authorized Provider A.!:~eement with the American Red Cross and authorize the Chairman to sign said agreement after review and approval by the County Attorney's Office. ~ Agenda Item No, 16E3 July 27, 2004 Page 1 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16E3 Item Summary Recommendation to approve an agreement between the American Red Cross and the Board of County Commissioners to provide training to Collier County employees to become "American Red Cross Health and Safety" certified instructors and authorized providers of first aid, CPR, and other health and safety education programs. Meeting Date 7/27/20049:00:00 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 6/30/20042:24 PM Approved By Michael Smykowski Management & Budget Director Date .- County Manager's Office Office of Management & Budget 7/15/200410:47 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 7/15/20044:35 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 7/6/20043:45 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/7/200410:01 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/7/2004 11:17 AM Agenda Item No. 16E3 July 27,2004 Page 2 of 12 American Red Cross Authorized Provider Agreement This Authorized Provider Agreement ("Agreement") effective as of , 2004 ("Effective Date") is between American Red Cross of Collier County (The "Chapter") and Collier County Board of County CommissionerslDepartment of Facilities Management (The "Authorized Provider" or "AP") The Chapter is a unit of the American National Red Cross, a not-for-profit corporation chartered by an act of U.S. Congress, the principal place of business of which is located at 2610 Northbrooke Plaza Dr. Naples, FL 34119, and among other things, provides first aid, CPR, aquatics, water safety, HIV I AIDS prevention education, mission-related caregiving and other health and safety education programs. The principle place of business of the AP is located at 3301 East Tamiami Trail, Naples, FL 34112; The Chapter desires to work with the AP to provide American Red Cross training in the jurisdiction set forth in Section 4 below. In consideration of the statements, terms and conditions contained within this Agreement, the Chapter and the AP (the "Parties"), intend to be bound by this Agreement and agree to the following: 1.0 Responsibilities of the Chapter: The Chapter shall: 1.1 Support the health and safety education of the AP's employees, members, and/or clients in the AP's provision of American Red Cross training Courses ("Courses") at the fees set forth in Appendix A. The guaranteed AP fees set forth in Appendix A shall include record keeping, certificate processing, administration, promotional assistance, and support services ("AP Fee"). Any Additional Services ("Additional Services") may be available for additional fees as outlined in Appendix A. Fees in Appendix A may change pursuant Section 3.0. 1.2 Train all potential instructors from the AP to teach the Courses at the fees ("Training Fees") set forth in Appendix A so long as such instructors meet the American Red Cross training prerequisites. These potential instructors shall be authorized as American Red Cross Health and Safety instructors upon successful completion of the training and upon signing an Agreement to teach the Courses. A complete list of the AP's instructors is set forth in Appendix. B, which shall be unilaterally modified by the Chapter in the event instructors are added or deleted. Fees in Ap.pendix A may change pursuant Section 3.0. 1.3 Upon request and depending on availability: (a) subject to Para~h 2.10, use best efforts to provide the AP with equipment that the AP does not possess which is necessary for an instructor to provide the Course(s) as listed, and at the rental fees, set forth in Appendix A ("Equipment and Supplies"); and (b) provide the Course Materials ("Course Materials") and Instructor Materials ("Instructor Materials") as set forth in Appendix A. If the fees in Apoendix A change the Chapter will notify the AP a minimum of 90 days prior to implementation. Fees in Aooendix A may change pursuant Section 3.0. 1.4 Maintain all Course Records ("Course Record") provided to the Chapter by an instructor for a period of five (5) years following the date of the Course. 1 Agenda Item No. 16E3 July 27,2004 Page 3 of 12 July 2003 1.5 Support and evaluate the instructors by providing them with the following: (a) Applicable policies and procedures and any revisions or modifications thereto; (b) Upon expiration of an instructor's authorization, reauthorize such instructors so long as such instructors meet American Red Cross reauthorization requirements; and (c) Opportunities for volunteer and professional skill development with the Chapter. 1.6 Provide invoice to the Authorized Provider within 14 days unless otherwise specified in APpendix A. for the fees related to the COlD'ses, equipment rental. and COlD'selInstructor Materials, Additional Services, training, and retraining of Course Participants ("Course Participants") as set forth in Paragraph 1.9 below. 1. 7 Verify all instructor authorizations and notify the AP in the event an instructor is no longer authorized to teach Courses. 1.8 Throughout the term of this Agreement (as defined in Paragraph 5.1), maintain a close and ongoing supportive relationship with the AP and its instructors by contacting the AP a minimum of 3 times per year. 1.9 If during any phase of evaluation, the training conducted by an AP's instructor is found to be below minimum American Red Cross standards for that COlD'se and the Chapter determines that retraining is required for the participants that attended the Course where training was found to be below minimum standards, the retraining will be conducted by the Chapter. The AP will be responsible for the cost of retraining as outlined in Paragraph 2.4. The Chapter will invoice the AP for the cost of the training at the amount equal to the published full service contract price or the training price minus the cost of books and materials the Course Participants may already have. The Chapter also reserves the right to suspend or withdraw the authorization of an instructor for due cause. Due cause generally means that the instructor does not or will not abide by the standards, policies, or procedures of the Red Cross and its programs or in some way abuses the position of an authorized Red Cross instructor. Some examples follow here but are by no means exhaustive; each case is reviewed individually, taking into account all relevant circumstances. Examples are- a. An instructor refuses to teach a nationally standardized Course according to the guidelines and Course requirements or is found to be deficient in either knowledge or performance skills. b. An instructor falsifies records or provides false information to the Chapter. c. An instructor consistently fails to communicate his or her teaching activity in an appropriate way to the Chapter (e.g., does not notify the Chapter when a Course is to be taught, does not process Course Record forms within 10 working days, and so forth). d. An instructor exhibits behavior inconsistent with standards established and agreed to in the Instructor Agreement and expected of a Red Cross instructor, as indicated by repeated poor evaluations from participants, or behaves in ways that participants find offensive or insulting (e.g., making sexual advances or telling racially, socially, or sexually insensitive jokes). e. An instructor behaves in ways that do not reflect support for the American Red Cross as an organization and that, in fact, could harm the public perception of the American Red Cross in the community. f. An instructor is convicted of a violent or serious crime, such as sexual molestation, embezzlement, assault, or any crime that calls into question his or her teaching or leadership responsibilities. 1.10 Designate Rosemary Terstegge, Health, Safety & Community Services Coordinator as a representative of the Chapter to act as a point of contact to the AP at the address and telephone number set forth in Section 7 below ("Chapter Representative") and notify the AP within 30 days if that individual changes. 1.11 Unless otherwise indicated on the Course Record, arrange for completed Course certificates to be delivered to the AP at the address set forth in Section 7 within ten (10) business days after receipt ofa properly completed Course Record. 1.12 As needed and upon request, provide the AP with any American Red Cross promotional materials for use by the AP in promoting the Courses. Agenda Item No. 16E3 July 27,2004 Page 4 of 12 2 July 2003 c 2.0 Responsibilities of the AP: The AP shall: 2.1 Identify qualified instructor candidates to be trained and authorized as instructors and inform the Chapter when it becomes aware of any modifications that should be made to Appendix B. 2.2 Support each instructor's compliance with American Red Cross policies and procedures by ensuring that such Instructors: (a) Are available to participate in periodic training, retraining or other related events throughout the term to gain and maintain sufficient levels of skill, knowledge and understanding to conduct the Courses; (b) Supply only American Red Cross Course Materials for use during the Courses, (c) Provide visual identification of the American Red Cross name and emblem during the Courses using materials provided or approved by the Chapter; and (d) Submit properly completed Course Records and Course evaluation forms to the Chapter within ten (10) business days of Course completion unless special arrangements are made with the Chapter. 2.3 With respect to the Course Participants: (a) Notify Course Participants that they will be participating in American Red Cross Courses in accordance with American Red Cross standards; (b) In advance of each Course, provide Course Participants with information about Course prerequisites, completion requirements, and other necessary information; (c) Ensure that Course Participants who have successfully met the Course prerequisites, objectives, and certification requirements receive American Red Cross certificates. 2.4 Reimburse the Chapter for retraining of Course Participants conducted pursuant to Paragraph 1.9. The cost of the retraining will be at the amount equal to the published full service contract price minus the cost of books and materials the Course Participants may already have. 2.5 Provide payment to the Chapter within 45 days of an invoice date unless otherwise specified in A?pendix A. 2.6 Provide to the Chapter the names and copies of the authorizations of any previously authorized Red Cross instructors that are new to the AP at least ten (10) days before the instructor teaches a Course in order for the Chapter to ensure that such instructor is qualified to be the instructor. 2.7 Notify the Chapter of dates, times, and locations for each Course at least 14 days before the Course start date. 2.8 Refrain from revising, editing, or duplicating any materials, in whole or in part, including, but not limited to Course videos, for teaching Courses or for any other purpose, unless specifically approved in writing by the American National Red Cross. Requests for any modifications to the materials are to be channeled through the Chapter. The AP understands and agrees that all such promotional materials must be provided by the Chapter, or approved by the Chapter in advance of publication. 2.9 Obtain the materials in quantities sufficient for each Course Participant to have and retain his or her own copy. Course workbooks, textbooks and/or skills cards cannot be used for more than one Course Participant unless permission to do so is granted by the Chapter in writing. Authorized Providers conducting training in more than one Red Cross Chapter jurisdiction will not be granted rights to reuse workbooks, textbooks and/or skills cards for more than one Course Participant. 2.10 Maintain responsibility for the equipment and promptly return such equipment to the Chapter in the same condition the equipment was received by the AP. The AP shall be responsible for the cost of any damage to such equipment while in the possession of the AP. Upon receipt and inspection of the equipment, the AP shall report to the Chapter any equipment in need of service, repair, or replacement. 3 Agenda Item No. 16E3 July 27,2004 Page 5 of 12 July 2003 l 2.11 Be responsible for all claims and liabilities of any nature whatsoever that arise out of an AP offered Red Cross Course. Red Cross insurance does not extend to the AP or its instructors. Therefore, it is the responsibility of the AP to obtain adequate insurance to cover its operations and Course instruction. 2.12 Designate Mary Ellen Donner, Recreation Supervisor as a representative of the AP to act as a point of contact to the Chapter at the address and telephone number set forth in Section 7 below and notify the Chapter within 30 days if that individual changes. In the event the AP has multiple facilities, the individuals set forth in Appendix C shall serve as additional points of contact. 2.13 Provide classrooms and other facilities to teach the Courses that are safe, conducive to learning and meet the minimum space requirements as set forth in the Instructor Materials. The AP shall allow the Chapter Representative or a designee to inspect the AP's real and personal property used to teach the Courses and to perform random observations of the instructors during the provision of Courses. 2.14 Submit any literature or materials using the name and/or emblem of the American Red Cross to the Chapter for written approval before printing or distribution of such literature or materials. 2.15 Encourage its instructors to provide volunteer services for the American Red Cross. 3.0 Chapter Fees: The Chapter reserves the right to change the fees contained in Appendix A at its sole discretion. The Chapter will notify the AP a minimum of 30 days prior to the effective date of any such fee changes. As part of this notice, the Chapter will provide the AP with a new Appendix A. If the AP does not agree to the fee changes, it has the right to tenninate the Agreement pursuant to Section 5. Changes to Appendix A will not effect any other provisions contained within this Agreement. 4.0 Jurisdiction of Agreement: This Agreement is limited to the geographical jurisdiction of the American Red Cross Chapter(s) and at the locations set forth below: Cha ter American Red Cross, Collier Coun Cha ter Geo ra hieal Jurisdiction Collier County Only 5.0 Term and Termination: 5.1 This Agreement shall commence on the effective date with automatic one-year renewals thereafter on the anniversary of the commencement date, unless either Party gives written notice to the other of its desire not to renew at least 30 days prior to the commencement of any renewal period, or unless otherwise terminated sooner in accordance with Paragraph 5.2 of this Agreement (the "Term"). 5.2 At any time, either Party may terminate this Agreement with thirty (30) days written notice to the non- terminating Party. 5.3 Upon termination of this Agreement, the obligations of both Parties, including, but not limited to the provision of payment, shall remain in effect until all scheduled Courses are completed. 5.4 In the event of any termination of this Agreement, the Parties are still obligated and committed to follow the provisions of Sections 6. 7.8. 12 and this Paragraph 5.4 indefinitely. 4 Agenda Item No. 16E3 July 27,2004 Page 6 of 12 July 2003 6.0 Limitation of Liability: Notwithstanding anything in this Agreement to the contrary, neither Party shall be liable to the other for any loss or damage arising as a result of breach, non-performance or partial performance of its obligations under this Agreement due to any cause beyond that Party's reasonable control and without its fault or negligence. 7.0 Notices: All notices to include appendices that each Party is required to give to the other Party shall be given to each of the Parties in writing to the names and addressees as follows: If to the Chapter: Chapter Name: Address: Attn: Phone Number: Fax Number: E-mail Address: If to the AP: AP Name: Address: Attn: Phone Number: Fax Number: E-mail Address: American Red Cross of Collier County 2610 Nortbbrooke Plaza Dr., Naples, FL 34119 Rosemary Terstegge, Health, Safety & Community Services Coordinator 239-596-6868 239-596-6923 hsccarc@comcast.net Collier Connty Government Dept. Of Facilities Management 3301 East Tamiami Trail, Naples, FL 34112 Raymond Dove, Parts Manager 239-774.8380 239-793.3795 raydove@colliergov.net Notice of termination of this Agreement by either Party must be delivered by certified U.S. First-Class Mail, return receipt requested. 8.0 Confidentiality and Trade Names: 8.1 Except as otherwise provided herein, each Party shall maintain the confidentiality of all provisions of this Agreement. Without the prior written consent of the other Party, neither Party shall make any press release or other public announcement of, or otherwise disclose, this Agreement or any of its provisions to any third Party except for such disclosures as may be required by applicable law or regulation, in which case the disclosing Party shall provide the other Party with prompt advance notice of such disclosure so the other Party has the opportunity, if it so desires, to seek a protective order or other appropriate remedy. 8.2 Each Party recognizes that the name, logo and marks of the other Party represent valuable assets of that Party and that substantial recognition and goodwill are associated with such assets. Each Party hereby agrees that neither it nor any of its affiliates shall use the other Party's name, logo or marks without prior written authorization from such other Party. . 8.3 This Agreement grants no rights in any of the American Red Cross or Chapter's Courses or Course Materials or other intellectual property to customer. July 2003 5 Agenda Item No. 16E3 July 27, 2004 Page 7 of 12 l 9.0 Entire Agreement and Amendments: 9.1 Concerning the subject matter hereof, this Agreement constitutes the entire Agreement between the Parties and supersedes all prior Agreements and undertakings, both written and oral, between the Parties. 9.2 This Agreement shall not be amended or otherwise modified unless both of the Parties affirmatively and unanimously agree to such amendment and/or modification in writing. 10.0 Severability: In the event any provision of this Agreement is held invalid, illegal or unenforceable (any such provision, an "Invalid Provision") in any jurisdiction, the Parties shall promptly negotiate in good faith a lawful, valid and enforceable provision. This new provision must be as similar in terms to the invalid provision as may be possible in order to keep with the intention of the original Agreement. 11.0 Exculpatory Clause: It is understood and agreed that wherever in this Agreement the term "Chapter" is used it shall mean the Chapter(s) of The American National Red Cross set forth in Section 4; that said Chapter(s) are duly constituted local unit of The American National Red Cross, a federal instrumentality (36 U.S. Code 1 et seq.); and that all obligations of the "Chapter" under this Agreement shall be undertaken and completed exclusively by said Chapter( s) without resort in any event to, or commitment of, the funds and property of the American National Red Cross or any unit thereof other than the Chapter(s). 12.0 Independent Contractors: Each of the Parties shall be furnishing its services hereunder as an independent contractor, and nothing herein shall create any association, partnership or joint venture between the Parties or an employer-employee relationship. No agent, employee or servant of either Party shall be, or shall be deemed to be, the employee, agent or servant ofthe other Party, and each Party shall be solely and entirely responsible for its acts and the acts of its agents, employees and servants. 13.0 Assignment and Subcontracting: This Agreement shall not be assigned in whole or in part and no Party shall delegate or subcontract aU or part of its duties under this Agreement without the prior written consent of the other Party. 6 Agenda Item No. 16E3 July 27,2004 Page 8 of 12 July 2003 IN WITNESSES WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witnesses: ~~~~ ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: DONNA FIALA, Chairman Approved as to form and Legal sufficiency: ~'16~ p~ 1homas C. Paimer Assistant County Attorney , 7 Agenda Item No. 16E3 July 27, 2004 Page 9 of 12 July 2003 APPENDIX A COURSES, EQUIPMENT, MATERIALS AND FEES A. Counes: First Aid/CPRI AED B. Equip.eIlt ad Supplies: EquiDment Rental Fee Per The Collier County Chapter does not rent or loan manikins, N/A N/A equipment, books or sUDDlies C. CounelInstruetor Materials: Item DescriptionlStock Number Cost Unit F NCPRI AED Participant's Book 13.00 Pk2 0 f 10 F NCPRI AED Participant's Book 1.50 Ea. Adult CPRI AED Skill Card 6.00 Ea. First Aid Skill Card 6.00 Ea. Infant.Child CPR Skill Card 6.00 Ea. Disposable Face Shields (1 roll of 36) 12.00 Ea. Bandage Training Kits 3.00 Ea. D. TraiaiDg Fees: Fee DescriDtion Fee Ullit Authorized Provider Fees 8.00 Person [name of instructor Course 1 Instructor Course Fees Ins1ructor Course eQuipment rental Fees Ins1ructor Course Fees Ins1ructor Course Fees E. Special billiDg or p.ymeDt iDItrudiODS (Option.I):Taxes to be charged where applicable. ."_ F. Additional Services (Optional): N/A 8 Agenda Item No. 16E3 July 27,2004 Page 10 of 12 Julv 2003 APPENDIX B INSTRUCTORS Name Contact Information Chapter of Current including Authorization Instructor address, phone and Authorization mail Raymond Dove 231 Melrose Place Collier County F AlCPRI AED Naples, FL Instructor 34104 9 Agenda Item No. 16E3 July 27, 2004 Page 11 of 12 July 2003 ,,,;- Facility Name aDd Address CODtaet Name PhoDe Number Fax Number E-mail Address APPENDIX C MULTIPLE FACILITY CONTACTS 10 Agenda Item No. 16E3 July 27,2004 Page 12 of 12 July 2003 -. EXECUTIVE SUMMARY Recommendadon ~. approveadditioDS to the 2004 Fiscal Year Pay and. Classification Plan made fr()Jil May 15,2004 tbroughJuly 9,2004. . OBJECTIVE: Forthe Board of County ComJ.11jss.ioners to approve additions to the 2004 Fiscal Yeal' Pay and Oassificationl'laJ.'l. CONSIDERATION:. AttaChe<t, as Exhibit 1. are proposed additions to the County's 2004 Fiscal Year Pay and Classification Plan that were made between May 15. 2004 and July 9. 2004. Tl1e cb.anges result ftQman organiational realignment. a resignation and the addition of new job responsibilities that have occurred since the Pay and Cla.lisification Plan was approved in Septem'ber 2003. FISCAL...IMPACT:Theresults of this action will have a fiscal impact to the County for miniJ1lal salary adjustments which are absorbed by individual departments. ,-. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Execuuve Summary. RECOMMENDATION: .1hat the Board of County Commission~ approve additions to the 2004 Fiscal YearF'ay and Classification PlaIl. ...-. 1 Agenda Item No. 16E4 July 27, 2004 Page 1 of 3 COLLIER COUNTY -, BOARD OF COUNTY COMMISSIONERS Item Number 16E4 Item Summary Recommendation to approve additions to the 2004 Fiscal Year Pay and Classification Plan made from May 15, 2004 through July 9,2004. Meeting Date 7/27/20049:00:00 AM Prepared By 6/10/20049:53:19 Donald Albonesi Compensation Manager AM Administrative Services Human Resources Approved By Donald Albonesi Compensation Manager Date Administrative Services Human Resources 6/10/20049:52 AM Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 7/13/20049:53 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 7/14/200410:42 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/14/200411:15 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/14/200411:52 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/14/20041:31 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 7/14/20044:30 PM .- Agenda Item No. 16E4 July 27,2004 Page 2 of 3 -(1) c.:; en . 'V'VC"') ~-g ~ ; WO... _as 1!tgc~ (Ooc. o c ~ -arS t\l ...-NC"') -S .2 ..."0 as- ci ,.....- Q) $1ii c"OE~ ZN 0> ...1:: BasOC. E >.<'0 as 8. ~$~~ -0- Q):J ~~1: .9..Q 0):: ~-:l . .e? ~ en (1),E 4> <'0 cr- . "0> "0 .2,E~ c~=O c Q :Jc Q) tac_ . .c: OJ 1!t I ~en :i: .g.Q 0 .- .~ ~ g, .- ..... en as c ...... ..1:::: ~,~ .Q 'u; = en ~ _cta ~,gas OC'Clc _enc.c: :8 21 Ol ocQ.... g'u; "0 8.:t= $ <(....~ "O:genc <( .... 8.(3 I 1.0 ~ (') ..n ~- c 0 ..... ..... (0 iFf U')- I 0 ~ en .... g t\l 0 iFf ~ c. E .... d 0 (" sl L u.. ..... "0 C") ~ CIS ... en c ,2 ! (1) c. o ,2 ~ I- .... j!! c ~ c .Q 1;; E 9 ~ ~ '6 'S OJ en c: .0 ~ ;:) ca ;> . .... 9 ~ i5 . .... o en '~ 4) c. ;:) (f) ;;;'~, if1 . - ~~CunVE SUMMARY Report and ratify staff-approved change orders and changes to work orders to Board- approved. QonJracts .-. OBJEC11VE: To enable the Board to oversee the eX$CUtion of administrative change orders and. Changes to \\Iorkorders,and promote accountability in the use of staff authority . CONSIDERATIONS: On April 22, 2003, the Boardapprovecla. recommendation to implement a.pla.n to enable changes.to BCe-approved contracts (Section XIV. C. Collier County Purchasing Policy) of not gn~at$r than 1 0 percent of the.. current Board approved amQunt or $10,000 (whichever is great8l'lto be authorized by staff. Also included in the report are ch~es to Work Orders. These include work orders issued under CCNA Contracts. which are less than or SClual to $90,000 (Section VII.C, Collier County Purchasing Policy),and chan~es to work ord,rs for aUQiher cont~cts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the current Board Approved amount or $100.000 whichever is greater. The Administrative report identifies the percentage chang&S to contracts or work orders that hav&QCCurredsir'lC8 the amount most recently approved by the BCC. which are below the threshold. limits as referenced above. The plan callsfor staff to submit amonthly report listing these change orders from the. previous reporting period.~losecf is the monthly report of the Administrative Change Order and AdministrativeChan9" to Work Orders Report. This report covers the period of May.24, 2004 through June 30, 2004 FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAqEMENT ItJlPACT: There is no Growth Management Impact associated with thiS action. RECOM"ENDAnON: That the Board of County Commissionersaecepts the enclosed Admillistrative. Ch~e Order and Administrative Changes to Work Orders Report and ratifie:s the listed change orders and changes to work orders. _. Agenda Item No. 16E5 July 27.2004 Page 1 of 40 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16E5 Item Summary Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. Meeting Date 7/27/20049:00:00 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7/10/20048:05 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 7/14/200410:44 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/14/200411:16 AM Approved By Susan Usher Senior ManagementJBudget Analyst Date County Manager's Office Office of Management & Budget 7/14/20044:05 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/16/20049:19 AM Approved By James V. 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N i d ='0 d ci cv..... ~ at Z z o.'i c z =c ! ~cv C B.~ w 8- a ......t::l ~8. u 0 10- 0\ E ~ " fi~ 0 8 0 cc 0 iii ~lJl cO 0 82 .... 0- " a d t(u w .. - .... ~~ co 0 8-1 r-: ..; ~ "I:t a!! ~ ....1: r-: 0\ .e! .... ,(E z i8 Do ,., ,., '0 . 0\ e . m 0. a; .. I:~ N C It) -tit- a.jij :c IDDo N ~:5 N 00 cl: C ~ ~ PN 0.2 U Q;I .. Q;I.8 0. "It l!,!1A W .t:. Et( i~ +->'5 ~ ~ .... Ec 8::J ~ ,go E! 0. Cc Ii c13 0 001 U .... co p- c:; ~ o~ 0 c; 5Xl ::l 13'- ill' c.... .... Iii as '0 ~i N 1:'0 ::JQ;I .0.... u. N "25 0; J!Q;I ... ~ -5::J ill' i~ z - '0.... :e cuQJ acv ~ ... a. :E l tllA Q;lC 8A' a Xl CIO eQ;l ~ ~. ~IA 0 P.8 .8"2 C 2..... ea w Q;l1A 8. -E ::> -52 ~rd "DOl fB 0. IA I Lf% mB c 0I.s::: ~ lAe ! f"lll: Q;I:J l'!i 1O~ ~'?- CI ~a c 00. e U c~ 0 ZIA 1: ." t3 ~c $ oS:o Q;I,s lAC. E i 1'!~ oSc Q;I~ '2c i-g III .. CIa. 100 CIO Z .. OQ;l Clo CE ~:a N C C:g cvo 2i nl 8co~ &:5 ~e"l:t~ -5u <<1.50\" UQJ ~o~ eE B ~It) ~ .!!I "2 EIA\OIt) .!:!1 'E eOI a,g c08~ FIA oeo~ FO >A.8 ~~~ '> F8~a .. "2 ::>u"o e IA . . 10 ~ QJ IA F 01 ~ E :E i a ~ e ~ ~ "I:t 'i~ >. 0 )i 1JI 0 i~ 'lit ~ cu - CO' h ~ .... ~ '0 .... ..!!! N N ~ ~ C ~ 8.G 'lit jij 8 ;: .!!! . E Q;I .8s .S ts at ::> .s:. 'OE ~a III u 5 .... == .... N .8 ,., coo Do .... .... .... 1010 /. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Deep Iniection Wells PROJECT. #: 739481 BID/RFP #: 03-3442 AMOUNT OF THIS CHANGE $ 0.0 MOD #: 2 PO #: 4500004584 . Work Order #: CONTRACT AMOUNT: ORIGINAL $ 4.740.000 CURRENT $ 4.740.000 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 4.740,000 (LAST TOTAL AMT. REQUIRING Bce APPROVAL) Date of last BCC Approval 3/23/2004 Agenda Item # 16 (cl 7 Percentage of the change over/under current contract amount .Q. % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 4/26/2004 CURRENT: 8/24/2004 SUMMARY OF PROPOSED CHANGE (S): Incorporate work items and time extension into contract as outlined in attached supportina document. JUSTIFICATION FOR CHANGE (S): Due to a field conflict with a hiaher priority proiect Public Utilities Enaineerina issued a Work Directive to Wriaht Construction to delav their schedule for four weeks in order to allow a tie-in within their iob site. . PARTIES CONTACTED REGARDING THE CHANGE: Purchasina (L. Wood). PU Enaineerina (W. Mullin) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) y.... Proposed change is consistent with the scope of the existing agreement y.... Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs se orth in the change are reasonable PROJECT APPROVE. DISAPPROVE: Date: Mav 18. 2004 Date: COMMENTS: AccOrdina to Article 9. Paraaraph 9.3 of the construction contracfs General Terms and Conditions the Contractor shall receive extensions in comoletion time for delavs directed bv the County. REVISED 9/9/03 Agenda Item No. 16E5 July 27,2004 Page 7 of 40 ~ - CONTRACT MODIFICATION CHECKUST FORM PROJECT NAME: Collier/ Davis Intersection Improvements PROJECT #: 60170 BIDIRFP #: 0~3501 MOD #: Three (3) AMOUNT OF THIS CHANGE $773.78 PO #: 4500018370 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 702.930.45 CURRENT $663.069.98 . (STARnNG POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $702.930.45 (LAST TOTAL AMT. REQUIRING ace APPROVAL) Date of last BCC Approval September 9. 2003 Agenda Item # (16) fB) (9) Percentage of the change over/under current contract amount -5.68 % Formula: (Current Amount I Last BCC approved amount)-1 . Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: March 31.2004 CURRENT: Mav 14. 2004 SUMMARY OF PROPOSED CHANGE (S): Final balance chanae order. new item to install breakawav sian post and credit for previouslv installed sians JUSTIFICATION FOR CHANGE (S): Added sian posts per FOOT Review and final balancina of auantities based on field measurements. PARTIES CONTACTED REGARDING THE CHANGE: Lvnn Thoree. P.E.. Principal Proiect Manaaer: Trev Barclav. Proiect Enaineer. KCCS. Inc.: Julio Ordonez. P.E.. TransPOrtation/Desion Ooerations. Senior Proiect Manaaer: Mike Mvers. FOOT IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A) ~ Proposed change is consistent with the scope of the existing agreement ~ Proposed change is in fact an addition or deletion to the existing scope ~ Change is being implemented in a manner consistent with the existing agreement ~ The appropriate parties have been consulted regarding the change ~ Propos.ed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPRO~a:-+O-3~ DISAPP : (/'.. COMMENTS: Date: :J / ,r/t?1 Date: /. ' REVISED 9/9/03 Agenda Item No. 16E5 July 27, 2004 Page 8 of 40 3 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: SCWT 8-MGD A.O. expansion PROJECT #: 70054 BIDlRFP #: 01-3194_MOD #: PO#: 3 AMOUNT OF 1lI1S CHANGE $ 40,000.00_ .' . . CONTRACT AMOUNT: ORiGINAL $ 24,8541350.00 CURRENT $25,351,878.09_ _ . (STARTING POIHT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $_25,311,878.09 (LAST TOTAL ANT. REQUIRING Bce APPROvAL) Date 01 Last BCC Approval_9/9/03 Agenda Item # _16C -10 % # if.,lJt Percentage of the change over/under current contract amount ~ Formula: (Current Amount I Last BCC approved amoun1)-1 . Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on Purchasing report. . CURRENT COMPlETION DATE (5): ORIGINAL: 12/31/02 CURRENT: 3121/03 SUMMARY OF PROPOSED CHANGE (5): Modify contract amount as a result of niodifications to the raw water line re-ciaaina reouirements. JUSTlACA1l0N FOR CHANGE (5): Contractor Based ucon neaotiations between County oroiect staff and PARTIES CONTACTED REGARDING THE CHANGE: PUED Director. ~ PartY Consultant (Metcalf & Eddv) IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or NlA) _ y _ Proposed change is consistent with the scope of the existing agreement _ y _ Proposed change is in fact an addition or deletion to the existing scope _ Y __ Change is being implemented in a mamier ~ent with the . existing agreement _ Y _ The appropriate parties have been consulted regardi ng the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAN~GER R~NDATlON: APPROVE: --l!:;J. ~ DISAPPROVE: . COMMENTS: . Date: 4/2:/tIJ, Date: / Revised 812'l1(J3 Agenda Item No. 16E5 July 27, 2004 Page 9 of 40 ~ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: 5CWT &MGD R.O. ExDansion PROJECT #: 70054 BIDlRFP I: 01-3194_MOD': . PO,: CONTRACT AMOUNT: ORIGINAL $ 24,854,350.00 CURRENT $25,394,476.69_ (STARTING POII'fI') . (JNCLUDtNG THIS CHANGE ORDER) Last BeC Approved Amount $_25.311.878.09 - (LAST TOTAL INT. REQUIRING ace APPROVAL) 4 AMOUNT OF THIS CHANGE $ 42.882.60 Date of Last BeC Approval_919/03 Agenda Item # _16C -10_ Percentage of the change over/under current contract amount .02% Formula: (~urrent Amount / Last BCC approved amount)-1 Resuns and Actions: If the change exceeds 10% see approval is required; under 10% reported to BCC on Purchasing report. . ,J3'1u t( CURRENT COMPLETION DATE (5): ORIGINAL: 12/31/02 CURRENT: 3121/03 SUMMARY OF PROPOSED CHANGE (5): Modify contract amount as a result of relocation of the olant site fenclna clacement. JUSTIFICATION FO.R CHANGE (5): To comolv with new security requirements for WTP's imolemented . followino 9/11. See attached. PARllES CONTACTED REGARDING THE CHANGE: PUED Director. Sid Partv Consultant (Metcalf & Eddvl IMPLEMENTATION STEPS (Verify each before proceeding with change usrng Y, Nor NlA) _ Y _ Proposed change is consistent 'Nith the scope of the existing agreement _ Y _ Proposed change is in fact an addition pr deletion to the existing scope _ Y _ Change is being Implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change . _ Y _ Proposed prices, fees ~ costs set forth in the change are reasonable , i i J PROJECT MAN~GER RJ;.CO.f1lMENDATlON: APPROVE: ~ ~ DISAPPROVE: COMMENTS: Date: rf/Df Date: Revised 81221rt3 Agenda Item No. 16E5 July 27,2004 Page 10 of 40 . CONTRACT MODIFICATION CHECKLIST FORM {' PROJECT NAME: Naples Jail PROJECT #: 52008 BID/RFP #: 98-2829 MOD #: 19 .AMOUNT OF THIS CHANGE (1,737.71) PO #: 4500012306 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 34.402,176.00 CURRENT $29,891,605.14 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCe Approved Amount $29,397,115.70 . (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval9/9/03 Agenda Item # 16 F 1, Percentage of the change over/under current contract amount %1.68 Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (5): ORIGINAL: 6/13/05 CURRENT:6/13/05 SUMMARY OF PROPOSED CHANGE (5): TO adiust Chanae Order # 15 . JUSTIFICATION FOR CHANGE (S): Reduction due to subcontractor's adding incorrect percentage to their mark up. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp. Jack Croanale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y _ Proposed change is consistent with the scope of the existing agreement Y _ Proposed change is in fact an addition or deletion to the existing scope Y _ Change is being implemented in a manner consistent with the existing agreement Y _ The appropriate parties have been consulted regarding the change Y _ Proposed prices, fees and costs set forth in the change are reasonable COMM Date: Date: ~/.rdr- PROJECT MA APPROVE: Ol5APP V: REVISED 9/9/03 Agenda Item No. 16E5 July 27, 2004 Page 11 of 40 ~ - CONTRACT MODIFICATION CHECKLIST FORM Work Order #: N/A PROJECT #: N/A AMOUNT OF THIS CHANGE $ 3,820.00 if * r:e.r LU1.,.+ c..cs-t ~ PROJECT NAME: Traffic Sianal Comoonents BIDIRFP #: 02-3394 MOD #: 1 (one) L .::r: $/4/10"7 PO #: N/A CONTRACT AMOUNT: ORIGINAL $ N/A (STARTING POINT) CURRENT $ N/A (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount: $ N/A (LAST TOTAL. AMT. REQUIRING BCC APPROVAL.) Date of Last BCC Approval: January 14. 2003 Agenda Item #: 16(B)(6) Percentage of the change over/under current contract amount: N1A % Formula: (Current Amount I Last BCC approved amount}-1 Results and Actions: If the change exceeds 10%, BCC approval is required; under 10% reported to BCC on Purchasing Report. CURRENT COMPLETION DATE(S): ORIGINAL: N/A CURRENT: N/A .,--. SUMMARY OF PROPOSED CHANGE(S): Add item to bid as referenced on attached Quote No. 031204FL-BK. dated March 12.2004 JUSTIFICATION FOR CHANGE (S): Temole. Inc. is a sole source orovider for Eaale Eaale oroducts (oer attached letter). PARTIES CONTACTED REGARDING THE CHANGE: IMPLEMENTATION STEPS (Verify each before proceeding with change using YI Nor N/A) ::L Proposed change is consistent with the scope of the existing agreement ::L Proposed change is in fact an addition or deletion to the existing scope ::L Change is being implemented in a manner consistent with the existing agreement ::L The appropriate parties have been consulted regarding the change ::L Proposed prices. fees and costs set forth in the change are reasonable PROJECT MAN~REC~JTlON: APPROVE: -- . DISAPPROVE: pate: ~-/....d4 Date: COMMENTS: L/(O~.lC.1IJ D&4 /:,.Ai r.-.DIo/.el'f t:: U Nt Ad} -r /4.t,L "'" 17 /.I 7'H~ .$'/'" v..~ S'~571111 . ..-- Agenda Item No. 16E5 July 27 I 2004 Page 12 of 40 Revised 8t22I03 ~ Temple SlEMI!NS {po.-, I ~ .. ... 85/2812884 14: 21 . 2392135818 CIT'I1Fl'WUS PAGE 82 l--' ., 21. 2004 ~.. ',ju~ . C~ .~ ~~ ~ l . . In. ~-a,"~ "*'J-GIr '. _..... C3ldI ....... JlJ.Msa ... '=" vi..,. s.-...........m J).-Ma Oar- ]a.....,. a....... .. a.,., ~... ~iI........ --. ~ oJ! i J of T..pI&. ... II ................,__ rrs (KIaII '.1116 c..aI ~.............. ..,;",J ~..",.." -4 ..~... .....~c..,. At... r 'Ii I ..t\. . .Ia...... ~ ......... ... eM _ .....- . .... ., ...... .. .. a., '" NIpIII fir -L . . . .. ......... 1.. "II.. .... ..-It .......,RXn'.......1. -ClIp .,~..c...,......,......,. t&1!!:HD...__._,.._.. ." .......:!E........... ....-... s.-m .......... \ ~ --....- . .~ \ ._.JIlIJ~ .~.....,...., ""........ ........ '\ ....................... \ ......................k ~ ................ ........ ............ ... ...-..., ~ ..a~ ~- ....~III.! 1'" .....m.__.__ -........------;~~7'~:;~.~Tn". .l-=..~;.~. . ----- .110..... ~.t.'...'''1 . .... '...rn,..... 011"1.. t4'-........, Agenda Item No. 16E5 t' July 27,2004 Page 13 of 40 1 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: SCWT 8-MGD R.O. Exoansion PROJECT #: 70054 BID/RFP #: 01-3194_MOD #: 5 PO,: CONTRACT AMOUNT: ORIGINAL $ 24,854,350.00 CURRENT $25,667,432.64 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $_25,311,878.09 (LAST TOTAL AMT. REQUIRING acc APPROVAL) AMOUNT OF THIS CHANGE $ 272,671.95 Date of Last BCC Approval_9/9/03 Agenda Item # _16C-1 0_ Percentage of the change over/under current contract amount 1.5 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 12/31/02 CURRENT: 3/21/03 SUMMARY OF PROPOSED CHANGE (S): Modify contract amount to reflect addition of various items of additional work as for fullv outlined in Summary to Chance Order nO.5 and Table no. 1. attached. JUSTIFICATION FOR CHANGE (S): Additional items of work reauired to Drovide for a comDlete and oeerational sYStem. See individual iustification for each item as Dresented in Summary to Chance Order no. 5 . attached. PARTIES CONTACTED REGARDING THE CHANGE: 3rd Party Consultant ( Metcalf & Eddv), PUED Director IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable :~~~:~R~MENDAnON: DISAPPROVE: Date: Date: (, /2:a./ () 'I . COMMENTS: Revised 8/22/03 Agenda Item No. 16E5 July 27.2004 Page 14 of 40 ~ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: SCWT 8-MGD R.O. Expansion PROJECT #: 70054 BID/RFP.: 01-3194_MOD': PO it. CONTRACT AMOUNT: ORIGINAL $ 24.854.350.00 CURRENT $24.040.332.64 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $_25,311,878.09 (LAST TOTAL AMY. REQUIRING BCC APPROVAL) 6 AMOUNT OF THIS CHANGE $(1.627.100.00L Date of Last BCC Approval_9/9/03 Agenda Item # _16C -10_ Percentage of the change over/under current contract amount_ -5, ~). % Formula: (Current Amount 1 Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (5): ORIGINAL: 12/31/02 CURRENT: 3/21/03 SUMMARY OF PROPOSED CHANGE (S): Modify contract amount to reflect deletion of aenerators. switchaear. diesel fuel system and related items. JUSTIFICATION FOR CHANGE (S): See County letter of 3/28/02 to Mr. T. Burke. PARTIES CONTACTED REGARDING THE CHANGE: IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. Nor N/A) _ Y _ Proposed change is com~istent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MA;t;N GER ~OMMENDATION: APPROVE: _/$~ DISAPPROVE: COMMENTS: Date: t,,/-t_a.-/o'f Date: Revised 8/22/03 Agenda Item No. 16E5 July 27,2004 Page 15 of 40 ~ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NaDles Jail PROJECT #: 52008 BID/RFP #: 98-2829 MOD #: 20 AMOUNT OF THIS CHANGE (104,887.00) PO #: 4500012306 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 34,402,176.00 CURRENT $29,786,718.14 (STARnNG POINT) (INCLUDING THIS CHANGE ORDER) last BCC Approved Amount $29.397,115.70 (LAST TOTAl AMT. REQUIRING BCC APPROVAl) Date of last BCC Approval9J9/03 Agenda Item # 16 F 1, Percentage of the change over/under current contract amount %1.33 Fonnula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 6/13/05 CURRENT:6/13/05 SUMMARY OF PROPOSED CHANGE (S): Credit for Material & Sales Tax for Direct Material Purcuases. JUSTIFICATION FOR CHANGE: Decreases for Direct Material Purchases PARTIES CONTACTED REGARDING THE CHANGE: Skio Camo. Jack Croanale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y _ Proposed change is consistent with the scope of the existing agreement Y _ Proposed change is in fact an addition or deletion to the existing scope Y _ Change is being implemented in a manner consistent with the existing agreement Y _ The appropriate parties have been consulted regarding the change Y _ Proposed prices, fees and costs set forth In the change are reasonable PROJECT MAN APPROVE: DISAPPROV . Date: Date: /' h/ /",r , REVISED 9/9/03 Agenda Item No. 16E5 July 27.2004 Page 16 of 40 CONTRACT MODIFICATION CHECKLIST FORM 10 PROJECT NAME: NaDles Jail PROJECT #: 52008 BID/RFP #: 98-2829 MOD #: 21 .AMOUNT OF THIS CHANGE 37,088.70 PO #: 4500012306 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 34,402,176.00 CURRENT $29,823,806.84 . (STARnNG POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $29,397,115.70 (LASTTOTALAMT. REQUIRING BCC APPROVAL) Date of Last BCC ApprovaI9/9/03 Agenda Item # 16 F 1, Percentage of the change over/under current contract amount %1.45 Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 6/13/05 CURRENT:6/13/05 SUMMARY OF PROPOSED CHANGE (S): Addina a Refriaerant Monitorina & Ventilation Svstem to Central Enerav Plant. JUSTIFICATION FOR CHANGE: Necessary Change per Schenkel Shultz PARTIES CONTACTED REGARDING THE CHANGE: Skio Camo. Jack Croonale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y _ Proposed change is consistent with the scope of the existing agreement Y _ Proposed change is in fact an addition or deletion to the existing scope Y _ Change is being implemented in a manner oonsistent with the existing agreement Y _ The appropriate parties have been consulted regarding the change Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANpo~RECOMMENDATlON: APPROVE: _~ D1SAP7 '7' COMM S: Date: Date: 6/// )r r .. REVISED 9/9/03 Agenda Item No. 16E5 July 27,2004 Page 17 of 40 If. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Naoles Jail PROJECT #: 52008 BID/RFP #: 98.2829 MOD #: 22 .AMOUNT OF THIS CHANGE (28,641.00) PO #: 4500012306 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 34,402,176.00 CURRENT $29,795,165.84 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $29,397,115.70 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval9/9/03 Agenda Item # 16 F 1, Percentage ofthe change over/under current contract amount %1.35 Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 6/13/05 CURRENT:6/13/05 SUMMARY OF PROPOSED CHANGE (S): Deduct from the GMP as work will not be done. JUSTIFICATION FOR CHANGE: As directed by Schenkel Shultz & TKW PARTIES CONTACTED REGARDING THE CHANGE: SkiD GamD. Jack Croanale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y _ Proposed change is consistent with the scope of the existing agreement Y _ Proposed change is in fact an addition or deletion to the existing scope Y _ Change is being implemented in a manner consistent with the existing agreement Y _ The appropriate parties have been consulted regarding the change Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: Date: DISAPPROVE: Date: COMMENTS: - REVISED 9/9/03 Agenda Item No. 16E5 July 27,2004 Page 18 of 40 te2. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: SCWT 8-MGD R.O. EXD8nsion PROJECT #: 70054 BIDIRFP #: 01-3194_MOD #: POI: CONTRACT AMOUNT: ORIGINAL $ 24,854,350.00 CURRENT $24,040,332.64 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $_25,311,878.09 (LAST TOTAL AMY. REQUIRING BCC APPROVAL) 7 AMOUNT OF THIS CHANGE $0.00_ Date of Last BCC Approval_9/9/03 Agenda Item #_16C -10_ Percentage of the change over/under current contract amount_O % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (5): ORIGINAL: 12/31/02 CURRENT: 8/4/03 SUMMARY OF PROPOSED CHANGE (S): Add additional time to the contract completion date to compensate for the impacts caused to the critical path of the project schedule as a result of various project change orders incorporated into the project from inception through April 30, 2004. JUSTIFICATION FOR CHANGE (S): See Back UD Documentation Attached PARTIES CONTACTED REGARDING THE CHANGE: IMPLEMENTATION STEPS (Verify each before proceeding with "change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ y _ Proposed prices, fees and costs set forth in the change are reasonable PRdJECTh MAG~R ~OJIIIMENDATION: APPROVE:_D. ~ DlSAPPRO : COMMENTS: Date: ,/... {"t Date: Revised 8/22/03 Agenda Item No. 16E5 July 27,2004 Page 19 of 40 \~ . CONTRACT MODIFICATION !3 q CHECKLIST FORM oJ- (J/)- MJ-- Jd.--- PROJECT NAME:~ 'bl...r~ r <~J5\llli>o1U:h rp~ECT#: Ca oq . 72-- Or "?f?-'7 Qr-, BID/RFP #: 65 - J) MOD #: / AMOUNT OF THIS CHANGE $ -? ~ /,c.;>--/ ~O #~06()~ork Order #: _ CONTRACT AMOUNT: ORIGINAL. $ 2.~ </a:l~ cO CURRENT $ '5 0 ~ G.S7 · eso (START! G POINT) (INCLUDING THIS C GE ORDER) l-ast BCC Approved Amount $ ~~ ~ ~. c::::c:> . (LAST OT AMT. REQUIRING Bee APPROVAL) Date of Last BCe Approval ~1Z.C-I.~ ;2...ci53 Agenda Item # I c,.3 I . '5 C:Yo Percentage of the change over/under current contract amount Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. % o <d:J_;l 5; ZCO'l-- . . I . r\..- JU7~FO~E (S): ~ 1./ , ;; ,Q ~;1;1d2-;sr~;,~ j~)J PAKDES ,CONTACTED REGARDING llfE CHANGE: ~v-!I""" -I; x:rLJ ~17 - . IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. N or N/A) &Proposed change is consistent with the scope of the existing agreement ~proposed change is in fact an addition or deletion to the existing scope hange is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change e Proposed prices. fees and costs set forth in the change are reasonable PROJECT ~I;IJ. At2WJ1MEN.D~T10N: / _ 211-01 APPROVE:~.r~ Date: tI tf" DISAPPROVE: Date: COMMENTS: Revised 8/22/03 Agenda Itelll No. 16E5 July 27,2004 Page 20 of 40 ~. /. CONTRACT MODIFJCA TlON CHECKLIST FORM PROJECT NAME: Hood Venting for New Lab Exhaust Hood PROJECT #: BIDIRFP #: 02--3349 MOD #: 1 AMOUNT OF THIS CHANGE $1345 PO #: 45-15991 Work Order #: SC-02-52 CONTRACT AMOUNT: ORIGINAL $9500 CURRENT $10845 (STARTING POINl) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $9500 , (LAST TOTAL AMT. REQUIRING ace APPROVAl..) Date of laSt BCC Approval 6/11/02 Agenda Item # 16 E 11 Percentage of the change over/under current contract amount 14.0 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC apprGval is required; under 10% reported to BCC on Purchasing report. . CURRENT COMPLETION DATE (5): ORlGINAL: 1/9104 CURRENT: 119104 SUMMARY OF PROPOSED CHANGE (5): 1. Add Iiahtnina protection for the fume hood blowers 2. Wire fume hoods that did not come with electrical wirine JUSTIFICATION FOR CHANGE (5): 1. Facilities Managament requested lightning protection. ' 2. Fume were received from vendor without being wired and this was totally unexpected; even with the additional wiring the total cost was still less than the next lowest bid. PARTIES CONTACTED REGARDING THE CHANGE: Pollution Control, Surety, Facilities Management IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A). Y Proposed change is' consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is bein' erne led in a manner oonsistent with the existing agreement Y The appro . e parties h e bee nsulted regarding the change Y Proposed rices. fees cos' s forth in the change are reasonable Dale: -=1~W Date: _ CIiJ6~~~~~W~~ ~t/c/\ . - ' Agenda Item No. 16E5 July 27,2004 REVISED 9/9/03 Page 21 of 40 ...... a. CONTRACT MODIF1CA TION CHECKLIST FORM ,- PROJECT NAME: Mobil Station- Alliqator Alley PROJECT #: BOC-FT-04-07 " BIDIRFP #: 02-3327 MOD #: one (1) AMOUNT OF THIS CHANGE $ (749.12) PO #: 4500026613 Work Order #: BOC-FT-04-Q7 " CONTRACT AMOUNT: ORIGINAL $ 63,972.42 CURRENT $ 63.223.30 " (STARTING POlNl) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ "63.972.42 " (LAST TOTAL AMT~ REQUIRING acc APPROVAL) Date of Last BCC ~pproval March 23. 2004 Agenda Item # 16B7 Percentage of the change over/under current contract amount -1.18 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. . CURRENT COMPLETION DATE (S): ORIGINAL: May 4. 2004 CURRENT: May 18. 2004 SUMMARY OF PROPOSED CHANGE (S): Less Quantities for Asphalt. Limerock. Subqrade. sod " and Silt Fence items. Additional ouantities for the Curb and Curb Removal items. JUSTIFICATION FOR CHANGE (S): ChanQes based on actual field measurements. This is a Final Balancino Chanoe Order to meet field conditions. PARTIES CONTACTED REGARDING THE CHANGE: TerfY Cole. (Desion Professional), Hole Montes: David Crosby. (contractor) Bonness. Inc. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) ...:t. Proposed change is consistent with the scope of the existing agreement ...:t. Proposed change is in fact an addition or deletion to the existing scope .::t. Change is being implemented in a manner consistent with the existing agreement .::t. The appropriate parties have been consulted regarding the change _ Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: dA7~ DISAPPR~: " COMMENTS: Date: s- /,..t? / C 1 Date: / / . REVISED 9/9/03 Agenda Item No. 16E5 July 27,2004 Page 22 of 40 3. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Manatee Pump Station - Sound Attenuation PROJECT #: 70052 BID/RFP #: 01-3290 MOD #: 1 AMOUNT OF THIS CHANGE $20499.06 PO #: 4500022040 Work Order #: PHA-FT -04-02 CONTRACT AMOUNT: ORIGINAL $ 8,951.18 CURRENT $ 29,450.24 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item #. Percentage of the change over/under current contract amount 229.01 % Formula: (Current Amount I Last BCC approved amount)-1 - Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): I ORIGINAL: 90 days CURRENT: 180 days from Notice to Proceed SUMMARY OF PROPOSED CHANGE (S): Additional Professional Enaineerina Services reQuired for desian and services durina construction. JUSTIFICATION FOR CHANGE (S): The oriainal work order identified tasks for desian, and services durina biddina and construction with costs shown as "to be determined-. The Costs were determined after the report was completed (Task 1) and Staff chose the option for construction. The proposal is Time & Materials. . PARTIES CONTACTED REGARDING THE CHANGE: Roy Anderson, Paul Mattausch IMPLEMENTATION STEPS (Verify each before proc~eding with change using Y, N or N/A) l Proposed change is consistent with the scope of the existing agreement l Proposed change is in fact an addition or deletion to the existing scope . l Change is being implemented in a manner consist~nt with the existing agreement l The appropriate parties have been consulted regarding the change l Proposed prices, f~sand costs set forth in the change are reasonable PRO. JECT~.' GE~RE~N: APPROVE: .. . DISAPPROVE: Date: 0/ y.\ () \.{. Date: COMMENTS: Revised 8/22/03 Agenda Item No, 16E5 July 27,2004 Page 23 of 40 4. ", ' CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: .,])oc,t .I<~ -~ ~ftuJ:- PROJECT'" '$00;( / BIDIRFP t: q.t...!J3if.? MOD .: I AMOUNT OF THIS CHANGE S /675.00 PO -= J/p. ,?I,53Y- WorIl Order It: P85 ..f{J2 - 3 S CONTRACTAIIOUNT: ORIGINALS b~. ':U:> t.f CURRENT $ It> 7, 8 ~7 ()() (ITAkTIG POINT) (lllCLUIIING TtII CIWIGI ORtll!R) LatBCC ~~nt$ (LAST TOTALMIT. RlQ\IIUtI(J ace; APPROVAL) o.te of Last BCCAppfcMlI.. . 3/9/0 cJ- Agenda Item # rD D --'of."'-". .overfunder.-~~ ~ .'JI.~.Uf% Formula: (Current AmoUnt Il..ast BCC approved .mount"'1 . . Re8ultaand Actions: If the change exceeds 10% ace approval is required; under 10% to 8CC on .Purcheeing report. CURRENT cot.FlETlON DATE (8): ORIGINAL: CURRENT: ~~~~~~~?i1JE~ c- JUS11FICATION FOR CHANGE ($): ~'~kr , 'I ~IES CONTN:TEDJQ:GARDlNG THE CHANGE: .. fl;/.')y~ l~U'~~. / u,:~ ~tn.~OJ.. .. . ~: IlREIEHTATION STEPS (VertfJ .... .before pt'QC-.cInt wIIb c..,.. ..... V,. N << MfA) _~ c::htn1ae III ~ with theac:ope d the eXlsting.agreement _PropoeedcJlanQe .tnfact.. 8ddition or deletion to the existing scope _.a.tge II being trrpernenbId.1n . maoner consiItent with the ui8ting agl1ll!ln'l8f1t _ The appropriItII parties bawl been conIUIled f8g8Rftng the c;hange _ ~ prIeM. ,......... c:oeta _forth in 1he d1Mge .... reeeonabIe ==~ATION: Date: 6'"".....~ DISAPPROVE:. D81e; COMMENTS: ~- REVISED 919103 Agenda Item No. 16E5 July 27. 2004 Page 24 of 40 !-~~~~".S,::~*~~,~~~'':;.'''~'-:(~i:...'i'~',":< :',r.,-.j/:;-;, '\t,,:;::~~;~~,,:_~!~:..:{.~~{ t CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME:Golden Gate Community Park ADA Restrooms PROJECT #: N/A 1 AMOUNT OF THIS CHANGE $1,350.00 BID/RFP #: 02-3349 MOD #: PO #: 4500024684 Work Order #SC-02-62 CONTRACT AMOUNT: ORIGINAL $ 28,310.00 CURRENT $29,660.00 (STARTING POIN1) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ (lAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item # Percentage ofthe change over/under current contract amount 4.77% Formula: (Current Amount I Last BCC approved amount}-1 Results and Actions: If the change exceeds 10% BCC app"roval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (5): ORIGINAL: June 14. 2004 CURRENT: June 14.2004 SUMMARY OF PROPOSED CHANGE (5): Additional Paintina per Robert Fuentes JUSTIFICATION FOR CHANGE (5): Requested by owner PARTIES CONTACTED REGARDING THE CHANGE: Robert Fuentes. Jack Croanale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. N or N/A) Y _ Proposed change is consistent with the scope of the existing agreement Y _ Proposed change is in fact an addition or deletion to the existing scope Y _ Change is being implemented.in a manner consistent with the existing agreement Y _ The appropriate parties have been consulted regarding the change Y _ Proposed prices, fees and costs se~ forth in the change are reasonable PROJECT MAN APPROVE: D15APPRO Date: Date: ~/;h r- COMMEN REVISED 9/9/03 Agenda Item No. 16E5 July 27,2004 Page 25 of 40 ~..a. to CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Immokalee Florida Specialties Ditch Enclosure PROJECT #: 51015 BID/RFP #: 01-3290 MOD #: Work Order Amendment No.2 AMOUNT OF THIS CHANGE $36.100.00 PO #: 4500005939 Work Order #: ABB-FT -03-03-A02 CONTRACT AMOUNT: ORIGINAL $ 33.403.50 CURRENT $69.503.50 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) last BCC Approved Amount $ RFP up to $90,000 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of last BCC Approval 6125/02 Agenda Item # 16.E.2 Percentage of the change over/under current contract amount 108 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (5): ORIGINAL: May 2003 CURRENT: September 2004 SUMMARY OF PROPOSED CHANGE (S): Constnlction Engineering Inspection services were not included in the orlalnal work order and are needed to ensure the construction Is done In accordance with Collier County speclflcations. JUSTIFICATION FOR CHANGE (S): The additional work Is not included in the orialnal contract PARTIES CONTACTED REGARDING THE CHANGE: Jerry Kurtz Principal ProJect Manager IMPLEMENTATION STEPS (Verify each before proceeding with change using YI N or N/A) r Proposed change is consistent with the scope of the existing agreement r Proposed change is in fact an addition or deletion to the existing scope r Change is being implemented in a manner consistent with the existing agreement r The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: Peter S. Havden DISAPPROVE: Date: June 10. 2004 . Date: COMMENTS: Revised 8/22/03 Agenda Item No. 16E5 July 27,2004 Page 26 of 40 J1.H-10-20B4 1?)9: 2S CCl..L I ER CO PRK ,....., P.04 .- ,.-.... '\ . - CONTRACTIIODIFICA TION CHECKLIST FORM PROJECT NAME: ~ -PAnlL .>>1tf!~~ROJECT #: 3.5-=r BIDlRFP.F~DI: ---L-AMOUNT OF THIS CHANGE'~ 4s. OC)ClO'2- POt: '5 '5, WorkOrdert: cr -4P"2. -03 CONTRACT AIIOUNT: ORIGINAL $ PD _ ~~ ..!!!. CURRENT .1.2., q ~. e:>>; ~ (lNCLUDlNGTH18 CHAIIGE ORDER) Last BCC Approved Amount $ ~ ~AL AIIT. .:aUl..ING see APPROVAl.) D.. of Lut BCC ApprovalJ 0.. 'z:,..~. D 3 Agenda 1t8m,. ~ 'en:entage of the change overIunder cunnt contract amoun\ 3.. cf7 % Formula: (Current Amount I La8t see approVed amount)-1 Results and Actions: If the change exceeds 10% Bee approval is required; under 10% reported to Bce on Purchaelng report. CURRENT COMPLETION DATE (5): ORIGINAL: ~ .;L 1. 0 ~ CURRENT: 3 f '5. 0 1 SUMMARY OF PROPOSED CHANGE (8): X..s Si"'ALL. eotJ~~ ~ADS &1 V&4~~ Le~TCCN.s 'TO -QIlP.-cNf.I... .::1,,", P c.,,~'I:n::B.J~.. A IfItt. P~vr:oB "'*-'~. ~,.. '5$ . JUSTIFICATION FOR CHANGE (8): \0 =?~& '-"t:M.P~'l2c -stl~ c-..& I)~ ...A..Ib \t1IWLX?~ ~~~ '''60.~ -N~ . ..' , AHt:llda 1tt:11I t4u. 16E5 July '2.7, '2.004 r~Hv 27 uf 40 Revised 8/22/03 .~ CONTRACT MODIFICATION CHECKUSTFORM PROJECT NAME: /VIANIf!1IlF /lot+n 4- If5 ,.. {J.Id.vJ PROJECT #: BIDJRFP #: (JO~ltq MOD #: AMOUNT OF THIS CHANGE $ PO #: Work Order t: CMIJ - Fr- () 2.. - 0 J'- CONTRACT AMOUNT: ORIGINAL' 7<19 rf@ CURRENT $ \~ b'; -y I 0 i) (8~NCf PDlN!J... (INCLUDItG THIS HANG! ORDER) Last acc Approved Amount $ q.-b") ~ r. o"'() . (LAST;:o.KL AIIT. ReQUIRING BeC APPROVAL) Date of Last BCe Approval I if tel 0 "} Agenda Item # I" c. f ;r.o ? 70 I ~""'7 I >7. Cf ~f. vi) , Percentage of the change over/under current contract amount Formula: (Current Amount I Last Bee approved amaunt)-1 Results and ActIons: If the change exceeds 10% Bce approval is required; under 10% reported to BCC on Purchasing report. 8,4, CURRENT COMPLETION DATE (S): ORIGINAL: [)f:iC., 04- 8UM~Rp O~O~~ CHANGE (8): CURRENT: l>~ 04- Pt.A~f70rlkV Sr./GI ~14f'ff() ro IHJ/Jlno~ ~~C~~REGARDlNOTHECHANGE:---'M1J ~ -E'1-Jc3L/ ~/lr/tMIm, , ~M EMENTATION STEPS (Verify uch before proceeding with change using Y, N or NJA) ropoaec:I change 18 consistent with the scope of the existing agreement roposed change Ie in fact an addition or deletion to the existing scope ~hange 18 being Impleme. nted in a manner consistent with the existing agreement _ he appropriate parttea have been consulted regarding the change _ Proposed prices, fees and costs set forth In the change are reasonable Date: Date: fo.t n/o 4- I COMMENTS: Revised 8122103 Agenda Item No. 16E5 July 27, 2004 Page 28 of 40 9 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Collier Beach Maior Nourishment-Borrow area & pipeline corridor Investiaation PROJECT#: 90527 BIDIRFP #: 01-3271 PO #: 4500027917 MOD#: 1 AMOUNT OF THIS CHANGE $ 0 CPE-FT -04-02 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 124.298 CURRENT $ 124.298 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 124.298 (LAST TOTAL AMT. REQUIRING Bee APPROVAL) Date of Last BCC Approval 3/23/04 Agenda Item # 16.C.10 Percentage of the change over/under current contract amount 0 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: June 21 . 2004 CURRENT: June 21. 2004 SUMMARY OF PROPOSED CHANGE (S): add aoreed upon hourlv rates which are not in oriqinal contract 01-3271. JUSTIFICATION FOR CHANGE (S): accomplish tasks. Scope of work requires atypical iob cateoories to PARTIES CONTACTED REGARDING THE CHANGE: consultant. section supervisor Department director. PurchasinQ dept IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NlA) _ Y _ Proposed change is consistent with the scope of the existing agreement _N_ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT ~~ENDATION: APPROVE: DISAPPROV . - -- Date: 6 (171p I Date:' ( { COMMENTS: Revised 8/22/03 Agenda Item No. 16E5 July 27,2004 Page 29 of 40 1 0 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Collier Beach Maior Nourishment-Final Plans & Specs PROJECT#: 90527 BID/RFP #: 01-3271 MOD#: 1 AMOUNT OF THIS CHANGE $ 0 CPE-FT -04-03 POI: 4500027919 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 145.736 CURRENT $ 145.736 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 145.736 (LAST TOTAL AMT. REQUIRING SCC APPROVAL) Date of Last BCC Approval 3/23/04 Agenda Item # 16.C.10 Percentage of the change over/under current contract amount o % Formula: (Current Amount / Last BCC approved amount}-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: Auaust 4. 2004 CURRENT: Auaust 4. 2004 SUMMARY OF PROPOSED CHANGE (S): add acreed upon hourlv rates which are not 'in oriainal contract 01-3271. JUSTIFICATION FOR CHANGE (S): tasks. Scope of work requires atypical iob cateaories to accomplish PARTIES CONTACTED REGARDING THE CHANGE: consultant. section supervisor Department director. PurchasinQ department IMPLEMENT ATION STEPS (Verify each before proceeding with change using Y, N or N1A) _ Y _ Proposed change is consistent with the scope of the existing agreement _N_ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT M~C~ENDATION: APPROVE: DISAPPROV : . . Date: 6/7 /Of- Date: I COMMENTS: Revised 8/22/03 Agenda Item No. 16E5 July 27, 2004 Page 30 of 40 .j.".. . .. II ,..."rI" CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Immokaiee Road. Phase I & II PROJECT #: . 60018 AMOUNT OF THIS CHANGE $ 5.000.00 BID/RFP #: 03-30462 MOD #: No. 2 . . PO #: 450001'3045. Work Order #: RWA-PL-2003-1-A2 Date of Last Bce Approval June 24. 2003 Agenda Item # 16B '7l Percentage of the change over/under current contract amount 68.47% (over original Work Order) Formula: (Current Amount I Last Bee approved amount)-1 Results and Actions: If the chan9& exce&ds 10% Bce approval is required; under 10% reported to BOe on Purchasing report. CURRENT COMPlETION DATE (5): "ORIGINAL: N/A CURRENT: NlA SUMMARY OF PROPOSED CHANGE (51: General Consultation. research & analYsis related to Collier Countv ROW takina and eminent. domain case($) for various parcels adiacentto. lmmokalee . Road (Phase r & m. includes: research & anatvsisof aUowable uses. site visits: lDCIGMP analvSis: creoaration of corresoondence. reDOrts as necessary: meetina with County staff as neeessalV. ExDert Testimonv - Includes: Meetinq wrth County staff and other consultants to review reoons andoreoare f()l" testimonv.whether in mediation. hearinas. or other court Droceecf..lncIs. . JUSTIFlCAnON FOR CHANGE (S):. The increase in: the contract amount is necessarv to fund adcfmonal 'work to be comoleted bv RWA. lnc..on the Immokalee Road Protect. Phases I & II (Proiect No. 60018), The additional work to be DSiformed is consistent with the scooe and descriotion contained in th& onainal contract.. PARTIES CQNTACTED REGARDING THE CHANGE: BOb Mulhere. AJCP.fmA. Inc.: Usa Tay1or. ManaaementlBudoet Analvst.Ti'anslAdmin.: Heidi F. Ashton. Assistant County Attornev: Ellen T. Chadwell. Assistant County Attornev.. IMPLEMENTATION STEPS (Verify each before proceedl~g with change using Y, N or N/A) _ Proposed change is consistent with the scope of the existing agreement _ Proposed change Is in fact an addition or deletion to the eXisting scope _ Change Is being implemented in a manner consistent with the existing agreement _ The appropriate partie$ have been consulted regardfng the change . -.:. Proposed prices, fees and costs set forth in the cha!1Q8 are re,sonable PROJECT MANAGER RECOMMENDATION: ~. t Jl.-- APPROVE: Date: . . DISAPPROVE: Date: COMMENTS: (p/3/0,/ Agenda Item ~~o. 16E5 July 27, 2004 Pll~(3 21 of 40 Revised 8/22/03 \'1/ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: GG Wellfield Reliability Impr. - 10/06/03 FSU Complaint PROJECT #: 700661 BIOIRFP #: 00-3119 PO #: 4500019903 MOD #: 1 AMOUNT OF THIS CHANGE $10,000.00 WOIiUL O~etC- #- com - Fi- 04~Cl3 CONTRACT AMOUNT: ORIGINAL $ 5.000,00 CURRENT $ 15.000.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ N/A - Administratively aooroved. (LAST TOTAL AUT. REQUIRING BCC APPROVAL) , Date of Last BCC Approval N/A - Administrativelv aDoroved. Agenda Item # Percentage of the change over/under current contract amount 200% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. (Per 6/18/04 telecon with Linda Jackson, no BCC approval is required because the cumulative change of the work order amount does not exceed the greater of $10,000 plus the original amount of the work order.) CURRENT COMPLETION DATE (S): ORIGINAL: on-going when needed CURRENT: on-going when needed SUMMARY OF PROPOSED CHANGE (S): Continue to orovide services to assist in resoonse to the comolaint filed by Florida State Underaround dated October 6. 2003. JUSTIFICATION FOR CHANGE (S): Iitiaation activities. More of same scooe reauired because of continuina ore- PARTIES CONTACTED REGARDING THE CHANGE: Paul Mattausch. Jacauelvn Robinson. Rov Anderson. Jim DeLonv IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) _X_ Proposed change is consistent with the scope of the existing agreement _X_ Proposed change is in fact an addition or deletion to the existing scope _X_ Change is being implemented In a manner consistent with the existing agreement _X_ The appropriate parties have been consulted regarding the change _X_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: Karl W. Boyer. PUED Princioal Proiect Manaaer Date: 18June2004 DISAPPROVE: COMMENTS: Date: Revised 8/2'2103 Agenda Item No. 16E5 July 27, 2004 Page 32 of 40 13> CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Manatee Park Master Plan and Dog Park Design Services PROJECT #: 80606 BID/RFP#:01-3290, W.O.#TBE-FT-02-02, MOD#: 1, AMOUNT THIS CHANGE:$5,765, CONTRACT AMOUNT: ORIGINAL $39,900. CURRENT: $45,665. (with this change) CURRENT COMPLETION DATE(S): April 19, 2002 ORIGINAL: April 19, 2002 CURRENT: March 28,2005 (with this change) Last BCC Approved Amount $ nla (work order only) I cf . 4. t>"1o Date of Last BCC Approval nla Agenda Item # nfa SUMMARY OF PROPOSED CHANGE(S): During the design and pennitting of the dog park project, citiZens of the Manatee Road area have become concerned about the impact that this project will have on their community. They have written letters, contacted their County Commissioner, and become vocal about their concerns. In order to respond to their concerns and address their specific suggested solutions, Parks and Recreation has requested a proposal from the design engineer to prepare a feasibility study for ultimate park access through the existing Manatee School property. This study will detennine whether the proposed routing is physically feasible, agency pennittable, and economically viable. The feasibility evaluation will examine the impacts of the proposed park access to the school site, such as retention ponds, parking and street drainage, tennis courts, basketball courts and the covered playground. The evaluation will include an estimated opinion of costs. This work Is above and beyond the original scope of work. These changes result in $5,765. of additional compensation to the design engineer. JUSTIFICATION FOR CHANGE(S): Work Is above and beyond original contracted scope of work. Work is necessary to respond to citi~ens concerns and examine all avenues of alternate access to site, that will cause least impacts on community. This contract modification is consistent with work order and requirements of overall contract PARTIES CONTACTED REGARDING THE CHANGE: Project Manger, Parks and Recreation Director, Purchasing Contracts Agent IMPLEMENTATION STEPS (Verify each before proceeding with change) _ Proposed change is consistent with the scope of the existing agreement _ Proposed change is in fact an addition or deletion to the existing scope _ Change is being implemented in a manner consistent with the existing agreement _ The appropriate parties have been consulted regarding the change _ Proposed prices, fees and costs set forth in the change are reasonable Agenda Item No. 16E5 July 27, 2004 Page 33 of 40 14 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Golden Gate Parkway at Coronado Parkway Intersection Improvements PROJECT #: 66065 BIDIRFP #: 02-3327 MOD #: 1 AMOUNT OF THIS CHANGE $ (53.28) PO #: 4500015689 Work Order #: BOC-FT-03-o3 CONTRACT AMOUNT: ORIGINAL $165,716.46 CURRENT $165,663.18 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $_NlA (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval_N/A Agenda Item # _NI A Percentage of the change 8MFIunder current contract amount (0.03%) Formula: (Current Amount 1 Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (8): ORIGINAL: 12-1-03 CURRENT: 6-22-04 SUMMARY OF PROPOSED CHANGE (S): The purpose of this deduct chanae order is to prepare the bill for final payment. After several chanaes in the field. several re-mobilizations. and other delays due to desian deficiencies the final contract amount was sliahtly less than the oriainal amount. JUSTIFICATION FOR CHANGE (S): The oriainal concept for the desian of this proiect was the installation of a traffic sianal at the intersection of Coronado Parkway & Golden Gate Parkway. Tindale- Oliver was the traffic siana! desianer and Johnson Enaineerina. Inc. was hired as a sub-consultant to desian roadway. drainaae. sidewalk. and access improvements associated with the siana! installation. The roadway and drainaae improvement plan dated November 11. 2002. prepared bv Johnson Enaineerina was used for the construction of the proiect. Throuahout construction. we noted serious deficiencies with the plans. These included. but are not limited to. the followina: 1) oriainal sidewalk desian placed on private properlY. not on County Riaht-of-Way. 2) storm sewer desian had a 3 feet drop off from the edae of pavement of Golden Gate Parkway to the storm sewer located only a few feet away. 3) improper or no field location of 36" raw water main owned bY the City of Naples. All of these issues noted above resulted in extensive redesian of the proiect usina both contractor and county staff resources. The contractor. Bonness. Inc.. was very proactive and cooperative in he!pina to complete the proiect and reduce costs where possible. Many desian elements for drainaae were eliminated from the proiect and other items were added so that the proiect would drain properlY. The contract chanaes found on this chanae order were neaotiated throuahout the duration of the contract. The proiect redesian work in the field resulted in a proiect that meets the intent of the project concept while minimizina costs to the work order amount oriainally auoted. Revised 8/22/03 Agenda Item No. 16E5 July 27,2004 Page 34 of 40 ,~ CONTRACT MODIFICATION CHECK LIST CONSTRUCTION AND CONSULTANT AGREEMENTS CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Rookery Bav Fm and PS Improvements PROJECT#: 73160 BIDfRFP #: 01-3290 MOD#: 1 AMOUNT OF THIS CHANGE $ 62,050,00 PO #: 20645 Work Order #: QGM-FT -Q4-02-01-A CONTRACT AMOUNT: ORIGINAL $ 19.635.00 CURRENT $ $81,685.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ N/A (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of last BCC Approval NfA Agenda Item # Percentage of the change over/under current contract amount 316 ~ 01- % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: $19.635.00 CURRENT: $81.685.00 SUMMARY OF PROPOSED CHANGE (S): This work order is for the possible reroutina and construction of the Force Main at Manatee Road. JUSTIFICATION FOR CHANGE (S): The oriainal work order is for the feasibility study and interim Phase 1 construction of the Force Main. This work order is for the possible reroutina / Construction plans for the Manate Road Force Main (phase 2) desian of the proiect. PARTIES CONTACTED REGARDING THE CHANGE: Discussed at PRB on June 21. Roy Anderson. Bill Mullin. Joe Cheatham. David Fitts. and other Proiect Manaaers were at the PRB. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) .lL Proposed change is consistent with the scope of the existing agreement .lL ProPosed change is in fact an addition or deletion to the existing scope .lL Change is being implemented in a manner consistent with the existing agreement .lL The appropriate parties have been consulted regarding the change .lL Proposed prices. fees and costs set forth in the change are reasonable PROJECT MAN.A..Aa RJ,{MMENDATlON: APPROVE: r~~ Date: {,/~~/04 DISAPPROVEt' Date: COMMENTS: Revised 8/22/03 Agendl=! Item No 16E5 July 27, 2004 Page 35 of 40 e at B &. .8 ~.5! ~ ! :3 1:11I 'E: .!!l 1l ''It 2~ I.O~O 00 ~ ~& ~ 0 WO~ a. 1'1 1'1 .8 ~ -I/) 8- (00_ ~ -I.: ~ ~ ~ CUlQ T""NO .s::..s::. f! ~f . ...: (0 ....v "i~ lQ JI/) ON('f) cu{!: gJ t- O- Z Q) - .s::.CU E~Cl r E . 01 1/)01 eY- e .... n~ Q):J<<l '#. 8:2 lO 0 .:::~a.. .! 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'1: It) "D::E "-'0 ftJ.... Ccu * fij~ =0 ~-5 IOJ!) .g'1f cuc >-t: .5cu 1010 :gcu EE ~-5 efi Ii 0 ~~ It) !m ~'O ~ cu'3 <It III"! \ti 0 CUC 0 -g~ 1..- 0 go! 0 .-4 ,e>- iii :00 C7\ 10 " =~ -13 iil 0\ II)"D ~ M [~~ ~ Efi :0.2' It) l"'I al * 8~ .-4 cuCii * fill) .-4 cut:~ t:"E * -s8:c () So e!~ 2ii 5 a.t: .... II)~ c 50 ~:;) -gCQc 1! i :S~ 0.0 .r:.- E .r:. Q. E I "Ofi glO ~E-g ~ .sl .!!! tj .01:: ~ 0 ;.8i t "DU ag ~ c5 CUC~ ce Q.!e ce tic Q. c; 8. 0 ~ ~ ::l8 cuc~ ~l!! "D- CUIO cu2! .0 >- II) t. .s8 "Dc <( la"D; ~.!!! .!!!CU 1- .r:..ac tifi .-4"'" ....11)10 ma ot: C?;o. i- 'aui' IQI 5 N E QI- B M ~~ . M 31-8 E= 1..1.- a g 0 clB 9"D "D.o... . rSl ~c . ._ ~ c c in QI 0- S t:-u - ::E~ I culB"E -g.- 0 cu:!:! "10-1 e t: g .!!! E.E ~Itl~ ~ 5.~~ >-i Ii: 0 E.... 0 o i! r "D $ _0'1 IOQI~ CJID N ~'tlo f!~ tN~ If 0'1 $1.-4M t:IDO.-4M CU"Dg .!!! fi 0 w W. I ~~~ ~~OON CJ .-4CJ' I t:tj~ :> :108 ~0~0.-4 t:15t.. a~~0'~8 co Zo cozo ::l0 . cO .ii\0 '"DO 8; QJ.-4 co "D* 80' lIlCU gQJ ~i --5 g~ ~ t:... ~ QJii ~ a 0 oW . lU ::l'" lIlQJ o~ "D-8 1ft II itl ~~ itl ~5 t>>' ;fi () ~ '0 N c=' M N ... 'i5 1..CU Ui' :;)11) Ui' .!!!II) Ui' QI-g 1ft E- -8; ~::l ECU ._~ G E sg' ...el ~tu C 0 '" lUC 'e~ :. ! 10 -sftJ 0'2 M c.r:. <It Itl ~~ .-4 ou .-4 0-0 .-4 ~o EXECUTIVE SUMMARY Recommendation to award a quote under Contract # 02-3349 in the amount of $74,818.00, "Toilet Renovations for Building F" to Surety Construction Co. OBJECTIVE: That the Board of County Commissioners award a quote under Bid # 02-3349 to Surety Construction Company for the Toilet Renovations for Building F. CONSIDERATIONS: As part of the Department of Facilities Management's Capital improvement program, restrooms located in Building ifF" will be upgraded and improved in order to comply with the American with Disabilities Act. These upgrades will provide ease of access for public visitors with disabilities. On June 23, 2004, three (3) bids were received for the renovation of the 1 st Floor restrooms in Building "F", Surety Construction Company was the low bidder with a total bid of $74,818.00 meeting all required qualifications and bidding specifications. This capital improvement project will help create a safer work environment while enhancing our efficiency and overall customer service. /",-..... FISCAL IMPACT: The total cost of this project is $74,818.00. Funds are available under the ADA cost center Fund 190. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners award this quote under Bid # 02-3349 to Surety Construction Company for the Toilet Renovations for Building "F" and authorize the Facilities Management Director to sign the appropriate Work Order with Surety Construction Company after review and approval by the County Attorney's Office. ,- Agenda Item No. 16E6 July 27,2004 Page 1 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16E6 Item Summary Recommendation to award a quote under Contract # 02-3349 in the amount of 574,818.00, "Toilet Renovations for Building F" to Surety Construction Co. Meeting Date 7/27/20049:00:00 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7/13/20047:40 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 7/14/200410:46 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/14/200411:18 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/14/200411:59 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/15/20043:37 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/15/20045:15 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 7/7/20048:47 AM Approved By Scott Johnson Purchasing Agent Date Agenda Item No. 16E6 M~W4 ~eS)~M Page 2 of 10 Administrative Services Purchasing WORK ORDER # SC-02-90 "General Contractor'. Service." Contract #02-3349, dated JUne 11, 2002 This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work kno~n as: Toilet Renovations Building WF*. PROJECT: The work is specified in the proposal dated June 23, 2004, from Surety Construction Co., which is attached hereto and made apart of this Work Order. In accordance wi th Terms and Condi tions of the Agreement referenced above, Work Order #SC-02-90 is assigned to Surety Construction Co. Scope: Contractor to provide labor and materials for toilet renovations Of the 1.t Floor (BLDG. F) as per Architectural drawings from Disney & Associates, PA dated May 5, 2004. Schedule of Work: Complete within 90 days. Liauidated Damaqes: NONE Comoensation: In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance wi th the negotiated lump sum amount provided in the schedule below. LUMP SUM FEE $ 74,818.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. REVIEWED BY: ~a Crognale, rincipal Project ~ ~ cilities Management Department Manager 7 "h-/or Date Agenda Item No. 16E6 July 27,2004 Page 3 of 10 j Work Order #SC-02-90 Page 2 APPROVED BY: Skip Camp CFM, Director Facilities Management Department Date Surety Construction Co. j\TTEST: (Corporate Secretary) By: Signature By: Typed Name and Title (or) witnesses (2) (1 ) (2 ) Signature Signature (Print Name) (Print Name) Approved as to Form and Legal Sufficiency: Tom Palmer Assistant County Attorney Agenda Item No. 16E6 July 27, 2004 Page 4 of 10 JUN-23-2004 WED 02:11 PM SURETY FAX NO. 9927977 P. 02 Bid.02-3349, 1"oilec R.euovatioo BuildiDg F' '. COWER COUNTY FLORIDA REQUEST FOR QUOTATION PROPOSAL PAGE DUE DATE: June 23. 2004 The undersigned. as Quoter, hereby declares that he has examined the specif1cations and informed himself fully in regard to all terms and conOmons pertaining to the project and, jf this Proposal is accepted, to furnish same in full, according to the following: Having become familiar with conditions at the project site and having carefully examined the bunding and the bidding requirements. Including the advertisement. Instructions to bidders, and the contract doaJments incfuding the General Concfrtions located on page SP-1 & SP-2, Supplemental Conditions, Detalls, Schedules and Drawings, the undersigned proposes to furnish all ma1erials. labor and equipment for the entire work in accordance with the documents and applicable codes and ordinances for the following lump sum of: Base Bid, the Lump .Sum (In words): Seventy Four Thousand Eight Hundred Eighteen and no/100------------------------------------------ Dol1ars.S 74,818.00 To~1 Base Bid $ 74.8'8.00 IN WITNESS WHERJ:QF, WE have hereunt() subscribed' our names on this 23rd day of June ,2004 ifl tfle Cqunty of Lee , in the sta,!:9 of Florida Surety Construction Company AnnIs Complete Legal Name Phone No. 239 992-6030 .... .... .' FAX No. EmalI: . 28.41 So. Tamiam1 Trail '109 Address Bonita Springs, FL 34134 ~ B~ . ~ . SianalUre . 'Exec. Vi'ce.: pres'i dent: Trtle Herbert H. Hill~ Jrd t/23~0416E6 . ,gem a QR1 o. Name Typed/Printed.. DateJ 27 I 2004 ,..., Page 5 of 10 1~99Q"_7q77 ..... . Bid 02-3349, ''Toilet Renovation Building F' COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION PROPOSAL PAGE DUE DATE: June 23.2004 The undersigned, as quoter, hereby declares that he has examined the specifications and informed himself fully in regard to all terms and conditions pertaining to the project and, if this Proposal is accepted, to furnish same in full, according to the following: Having become familiar with conditions at the project site and having carefully examined the building and the bidding requirementsr including the advertisement, instructions to bidders, and the contract documents including the General Conditions located on page SP-1 & SP-2, Supplemental Conditions, Details, Schedules and Drawings, the undersigned proposes to furnish all materials, labor and equipment for the entire work in accordance with the documents and applicable codes and ordinances for the following lump sum of: Base Bid, the Lump Sum (in words): seventy six thousand, seven hundred' eighty dollars Dollars. $ 76 J 780.00 Total Base Bid $ 7&,780.00 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 23rd day of June , 2004 in the County of Collier , in the state of Florida Wall Systems In~. of South~est Florida d/b/a ProfeRsionH'Buildirii' Systems Firm's Complete Legal Name Phone No. 239-643-6527 FAX No. Email: 239-643-1921 ~zino@pbscontractors.com 419~ Corporate Square Address Naples, FL 34104-4754 ~ BY: Ignature \)\~ /2..f.,5' Q ~ Title Bart Zino June 23, 2004 Date Agenda Item No. 16E6 July 27, 2004 Page 6 of 10 Name Typed/Printed 4 .-3349, ''Toilet Renovation Building F' COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION PROPOSAL PAGE DUE DATE: June 23. 2004 The undersigned, as quoter, hereby declares that he has examined the specifications and informed himself fully in regard to all terms and conditions pertaining to the project and, if this Proposal is accepted, to furnish same in full, according to the following: Having become familiar with conditions at the project site and having carefully examined the building and the bidding requirements, including the advertisement, instructions to bidders, and the contract documents including the General Conditions located on page SP-1 & SP-2, Supplemental Conditions, Details, Schedules and Drawings, the undersigned proposes to furnish all materials, labor and equipment for the entire work in accordance with the documents and applicable codes and ordinances for the following lump sum of: Base Bid, the Lump Sum (in words): fJ UJcs"J ~o ~o S4~J 0 Nff' Dc LLA'2.. A-N-O ~cI Dollars. $ q J.... 00 ,_ 00 Total Base Bid $ ,q J, O~ I. 00 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ;2. ~ dday of ~~iS .2004 in the County of ~l\lcnL ,in the state of ~\e-R...vV\. \01\\..]. VA-fl-\IVl C1~s'l. Co. lNL. . J Firm's Complete Legal Name Phone No. ~'1 -1/ S'- t t ") ~ FAX No. }..':}7 -732.-Da-Lo Email: W~ V t q qJ..-@ M<- WM \. '-tt> 0 ~ \ue' Po\>) l M d ~oJ:l.... Address }J-4p(" ~ F-L :5 Ltl 0 z.. City, StaJT' Zip BY: W J/<--.::- Signature ~~s~~-r Title {~l~-'--_~ 'S _ V~ (P/d-3{ 4~ Name Typed/Printed Date ' Agenda Item No. 16E6 July 27, 2004 Page 7 of 10 4 JUN-23-2004 WED 02:11 PH SURETY . FAX NO. 9921977 P. 02 Bid,Q2-3349, --railet ReuovatioD Building F' '. COLUER COUN1Y FLORIDA REQUEST FOR QUOTATION PROPOSAL PAGE DUE DATE: June 23. 2004 The undersigned. as quater, hereby declares that he has examined the specifications and Informed himself fully in regard to aJI tenns and concfrtions pertaining to the project and7 if this Proposal is accepted, to fumish same in fun, according to the following: Having become famRiar with conditions at the project site and having carefully examined the buDding and the bidding requirements, including the advertisement, Instructions to bidders. and the contract documents including the General Conditions located on page SP-1 & SP-2. Supplemental ConcfrtlonS, Deta11s, Schedules and Drawings, the undersigned proposes to furnish an materials, labor and equipment for the entire work in accordance with the documents and applicable codes and ordinances for the following lump sum of: Base Bid, the Lump Sum (In wards): Seventy Four Thousand Eiqht Hundred Eiqhteen and no/100------------------------------------------ OoI~nhS 74,818.00 Total Base Bid $ 74 r 8' e. 00 IN WITNESS WHE~QF, WE have hereunt9 subscribed' our names on this ~3rd day of June , 2004 ifl tfle CQunty of Lee . in the state of .Florida . . ~ Suret~ Construotion Company Finn's Complete Legal Name Phone No. 239 992-6030 .., ,.. .' FAX No. EmalI: . 28441 So. Tamiam1 Trai~ '109 Address Bonita Springs, FL 34134 ~ BY: . - - SianatUre . 'EXec. Vi'~Q' ~ presi nfl!n~ rrUe Herbert H. H111A~~a~~~~~~16E6 Nama Typed/Printed., D~ 27,2004 , . .'. age 8 of 10 1':t9 9Q.,_7Q77 Bid 02-3349, "Toilet Renovation Building F' COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION PROPOSAL PAGE DUE DATE: June 23.2004 The undersigned, as quoter. hereby declares that he has examined the specifications and informed himself fully in regard to all terms and conditions pertaining to the project and, if this Proposal is accepted, to furnish same in full, according to the following: Having become familiar with conditions at the project site and having carefully examined the building and the bidding requirementsJ including the advertisement, instructjons, to bidders, and the contract documents including the General Conditions located on page SP-1 & SP-2, Supplemental Conditions, Details, Schedules and Drawings, the undersigned proposes to furnish all materials, labor and equipment for the entire work in accordance with the documents and applicable codes and ordinances for the following lump sum of: Base Bid, the Lump Sum (in words): seventy six thousand, seven hundred eighty dollars Dollars. S 76,780.00 Total Base Bid $ 76,780.00 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 23rd day of June , 2004 in the County of Collier , in the state of Florida Wall Systems In~. of So~thwest Florida d/b/a Professional Buildini' Systems Firm's Complete Legal Name Phone No. 239-643-6527 FAX No. Email: 239-643-1921 ~zino@pbscontractors.com 419'1 COTpOT:l.te Square Address Naples, FL 34104-4754 ~. Sta. te,Zip BY: Ignature \J\C-€.- 12-f.-5' I') 'i-rJ-i' Title Bart Zino June 23, 2004 Name Typed/Printed AgendJ1Mn-, No. 16E6 July 27,2004 Page 9 of 10 4 ,~3349, "Toilet Renovation Building P' COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION PROPOSAL PAGE DUE DATE: June 23.2004 The undersigned, as quoter, hereby declares that he has examined the specifications and informed himself fully in regard to all terms and conditions pertaining to the project and, if this Proposal is accepted, to furnish same in full, according to the following: Having become familiar with conditions at the project site and having carefully examined the building and the bidding requirements, including the advertisement, instructions to bidders, and the contract documents including the General Conditions located on page SP-1 & SP-2, Supplemental Conditions, Details, Schedules and Drawings, the undersigned proposes to fumish all materials, labor and equipment for the entire work in accordance with the documents and applicable codes and ordinances for the following lump sum of: . . Base Bid,the Lump Sum (in words): fJ'-rJ~~ ~o ~o.$4~J DNe DoLL/-ta... AN-O ~d Dollars. $ C(,},.. 00 1- 00 Total Base Bid $ , q;;J, o~ '. 00 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ;2.:s dday of ~~tS .2004 in the County of ~lhcnL , in the state of~~R....1IV'\. WM..J. Vf>r.~\AJl (1~s--r: c,. If'JL. Firm's Complete Legal Name J Phone No. ~CJ -II S'- t 1'1 fG:. FAX No. 1.-'~1 - 732.. - DeLo Email: W~ V t'l.'1J.-t:? Mt.-tuM V'.u,c ~\Ue'Pl),o.)'l Me ~~ Address ,u.A-p(o~ F-L :3 ~L 0 z-. City,~ta , Zip W " BY: Signature Q f2J3s W0~ 'T Title {~lL'--~ 3' _ V ~~ ~~3[ p ~ Name Typed/Printed AgendaqrJ~ fNo. 16E6 July 27,2004 Page 10 of 10 4 EXECUTIVE SUMMARY Report to the Board of County Commissioners concerning the sale and transfer of items associated with the county surplus auction of July 10,2004, resulting in $9,526.60 in net revenues. OBJECTIVE: To present the results of the recent County property auction to the Board of County Commissioners for ratification. CONSIDERATION: On June 22,2004, the Board of County Commissioners authorized staff to conduct an auction of specified County.owned assets for the purpose of disposing of these items and generating revenues for the County. The July 10, 2004 auction generated $10,355.00 actual gross revenues and $9,526.60 in net revenues. The auctioneer's commission is $828.40, This auction included office equipment. and the County-owned bobcat skid steer loader, asset #900096 that was not sold in the March 13, 2004 auction. FISCAL IMPACT: Net revenues have been allocated as follows: ~- DEPARTMENT FUND ALLOCATED REVENUES Water Ooerations 408 $ 90.55 General Fund 001 $ 10,264.45 ($9,436.05)+($828.40 - Auctioneer's Fee) GROWTH MANAGEMENT IMPACT: This will not affect the Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners accept and ratify the revenues for the County Auction held on July 10. 2004, pursuant to the itemized sales report attached herein. - Agenda Item No. 16E7 July 27, 2004 Page 1 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16E7 Item Summary Report to the Board of County Commissioners concerning the sale and transfer of items associated with the county surplus auction of July 10, 2004, resulting in $9,526.60 in net revenues. Meeting Date 7/27/20049:00:00 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7116/20042:44 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 7116/20044:29 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/19/20048:23 AM Approved By Randy Greenwald Board of County Commissioners Management/Budget Analyst Date Office of Management & Budget 7/19/20048:37 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/19/20048:41 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/19/200410:50 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/19/200411:11 AM Agenda Item No. 16E7 July 27, 2004 Page 2 of 5 - """ - _ _ ~----- "-oW _ - - FIRST COAST AUCTION & REALTY, INC POBOX 7878 JACKSONVILLE, FL 32238 2219 W MEMORIAL BLVD LAKELAND, FL 33815 AB15121 AU286 8121121-519-641212 91214/772-12111121 COLLIER COUNTY 7-1121-1214 Settlement STEVE CARNELL 941-774-8425 Page: 1 Seller: 2 COLLIER COUNTY BOCC 331211 E TAMIAMI TRL NAPLES FL 34112 Item Description Price Qty Tot al -------------------------------------------------------------------------------- 10121 BOBCAT SKID LOADER 1 7,000.0121 51213734504 912112112196 200 ROUND TABLE 1 5.00 201 LAMP 1 5.0121 20& BOX - HARD DRIVES 1 20.00 207 MISC ELECTRONICS 1 5.0121 208 CPUs 1 12.5121 21219 CPUs 1 12.5121 21121 CPUs 1 100.121121 211 CPUs Sold with itelll 210 212 CPUs Sold with itell 210 213 CPUs Sold with itell 21121 214 CPUs Sold with ite. 21219 214A MISC - OFFICE 1 12.5121 215 PICTURES 1 5121.0121 21& BOX - PHONES 1 3121.0121 217 SECURITY MONITORS 1 35.121121 218 BOX - SPEAKERS 1 4121.121121 219 BOX - SPEAKERS 1 45.121121 22121 BOX - MOUSE 1 7.5121 221 FOLDING MACHINE 1 25.121121 245 TABLETOP - TYPEWRITERS 1 1121.121121 24& BOX - RADIOS 1 35.1210 247 DICTAPHONE 1 5.1210 248 OVERHEAD PROJECTOR 1 17.50 249 OVERHEAD PROJECTOR Sold with itell 248 25121 BOX - CELL PHONES 1 15121.1210 251 LAPTOP COMPUTER 1 6121.121121 252 2 CALCULATORS 1 5.121121 253 HP PRINTER 1 1121.121121 254 CANNON COPIE.R Sold with ite. 253 254A MISC - OFFICE SUPPLIES 1 5.121121 255 COPIER 1 5.0121 25& COPIER 1 35.121121 257 COPIER 1 5.121121 258 COPIER 1 20.121121 259 COPIER Sold with ite. 258 260 TABLETOP - CPUs 1 425.121121 261 UNDER TABLE - CPUs 1 4121121.0121 - - - .- Agenda Item No. 16E7 July 27, 2004 Page 3 of 5 - FIRST COAST AUCT ION & HI:::AL TV, 1 NC POBOX 7878 JACKSONVILLE, FL 32238 2219 W MEMORIAL BLVD LAKELAND, FL 33815 AB150 AU28& 800-519-&402 904/772-0110 COLLIER COUNTY 7-10-04 Settlelllent STEVE CARNELL 941-774-8425 Page: 2 Seller: 2 COLLIER COUNTV BOCC 3301 E TAMIAMI TRL NAPLES FL 34112 Ite.. Description Price Qty Total -------------------------------------------------------------------------------- 2&2 TABLETOP - PRINTERS 1 325.00 2&3 PRINTERS 1 175.00 2&4 KEYBOARDS 1 10.00 2&5 OFFICE SUPPLIES 1 30.00 2&& HP PRINTER 1 5.00 267 HP PRINTER 1 10.00 268 HP SCANNER 1 5.00 2&9 TABLETOP - MONITORS 1 10.00 270 UNDER TABLE - MONTIORS Sold with ite. 2&9 271 TABLETOP - MONITORS 1 35.00 272 UNDER TABLE - MONITORS Sold with i tell 27 1 273 MONITORS 1 200.00 274 MONITORS 1 70.00 275 MONITORS 1 70.00 276 MONITORS 1 40.00 277 MONITORS 1 90.00 278 MONITORS 1 70.00 279 MONITORS 1 &5.00 280 MONITORS 1 20.00 281 MONITORS 1 30.00 282 MONITORS 1 40.00 283 STOOLS 1 45.00 284 CHAIRS 1 25.00 286 KEYBOARD DRAWERS 1 5.00 287 BOOKSHELF 1 10.00 288 FILE DRAWERS 1 5.00 289 MEDIA CART 1 75.00 290 LOCKING CABINET 1 45.00 291 FILE CABINETS 1 25.00 292 FILE CABINETS 1 25.00 293 FILE CABINETS 1 5.00 294 FILE CABINETS 1 5.00 295 CARD FILE 1 40.00 302 2 TABLES Sold with itell 300 302 2 TABLES 1 2.50 308 FORM BUSTER 1 5.00 309 EXAM TABLE 1 5.00 310 XRAY MACHINE 1 5.00 311 FOLDING PARTITION 1 80.00 Agenda Item No. 16E7 July 27, 2004 Page 4 of 5 ",---.l.....:.. .' -.It FIRST COAST AUCTION & REALTY, INe POBOX 7878 JACKSONVILLE, FL 32238 2219 W MEMORIAL BLVD LAKELAND, FL 33815 AB150 AU28& 800-519-&402 904/772-0110 COLLIER COUNTY 7-10-04 Settle.ent Seller: 2 STEVE CARNELL COLLIER COUNTY BOCC 3301 E TAMIAMI TRL NAPLES FL 34112 941-774-8425 Page: 3 Itell Description Price Qty Total -------------------------------------------------------------------------------- 312 MODULAR OFFICES 1 55.00 Items: 78 Amount: 10,355.00 Thank you for choosing First Coast Auction & Realty, Inc. It's been our pleasure serving you. Should any questions arise please don't hesitate to call. Agenda Item No. 16E7 July 27,2004 Page 5 of 5 .,' "~.", . "".".",""., .. ,.'*,:.,"",~"'l"~L"",::,~"".,,',?0r ..... .~ .,L~"='~~"~:='L _ _ _;-......;0...-____ ,.,,,,,,,,., EXECUTIVE SUMMARY Recommendation to approve a budget amendment for $66,382.00 OBJECTIVE: To approve a Budget Amendment for $66,382.00 for General Capital Improvement Maintenance Project (52525) CONSIDERATIONS: On September 29,2003 (Fiscal Year 2003) a goods receipt was prepared to pay Johnson Controls $66,382. On October 13, 2003, Finance rolled forward the FY03 unspent project budgets to the new fiscal year (FY04). at this time, the $66,382 goods receipt for Johnson's Control was considered spent. Then on October 17, 2003, the goods receipt was canceled, increasing the available budget in FY03 instead of FY04. Eventually Johnson Controls was paid, the expenditure posted to FY 2004, creating a short fall in the General Capital Improvement Maintenance Project (52525) RSCAL IMPACT: A budget amendment is needed to recognize $66,382 in Carryforward revenue and to increase the General Capital Improvement Maintenance Project by the same. Source of funds is Ad Valorem. ...~..... GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners approve a budget amendment in the amount of $66,382.00. ,............ Agenda Item No, 16E8 July 27, 2004 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16E8 Item Summary To approve a Budget Amendment for $66,382,00 for General Capital Improvement Maintenance Project (52525) Meeting Date 7/27/20049:00:00 AM Prepared By Jack Crognale Principal Project Manager 7/13/200410:36:56 AM Administrative Services Facilities Management Approved By Skip Camp, C,F.M. Facilities Management Director Date Administrative Services Facilities Management 7/13/200412:41 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7/14/20049:11 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 7/14/200410:50 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/14/2004 11 :45 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/14/20044:19 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/16/20049:25 AM Agenda Item No. 16E8 July 27, 2004 Page 2 of 2 .....-. EXECUTIVE SUMMARY Recommendation to approve budget amendment to recognize revenues and appropriate expenditures in the Purchasing Department budget. OBJECTIVE: To recognize revenues in excess of the current budgeted amount and appropriate funds needed for the operation of the Purchasing Department. CONSIDERATIONS: The Purchasing Department issues numerous invitations for bids and requests for proposals annually. Many of these involve the reproduction and distribution of plans, specifications and other important bidding documents. The department incurs cost associated with distributing these documents and that cost is recovered through the sale of the documents to prospective bidders. The current year budget includes a $4,200 revenue appropriation for the sale of bid documents. Due to heavy bidding activity pursuant to the solicitation and award of several construction projects, as of mid-July, more than $8,500 has been received. Accordingly, staff recommends that the Board amend the department budget to recognize all revenues received year-to-date plus additional revenue anticipated through the end of the fiscal year. .- FISCAL IMPACT: The additional funds, in the amount $10,500 will be used to implement minor renovations to the Purchasing Building in anticipation of the department's forthcoming expansion in fiscal year 2005. GROWTH MANAGEMENT IMPACT: There is no direct impact on the growth management plan resulting from this action. RECOMMENDATION: That the Board of County Commissioners approves the enclosed budget amendment to recognize additional revenues resulting from the sale of bid documents. ,- Agenda Item No. 16E9 July 27, 2004 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16E9 Item Summary Recommendation to approve budget amendment to recognize revenues and appropriate expenditures in the Purchasing Department budget Meeting Date 7/27/20049:00:00 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7/14/2004 1 :11 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 7/14/20042:20 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7114/20043:00 PM Approved By Robin Johnson ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 7114120043:54 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/15/2004 3:03 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/15120043:56 PM Agenda Item No. 16E9 July 27,2004 Page 2 of 2 EXECUTIVESU~ARY Recommendation to approve a Lease Agreement with Nextel South Corporation granting use of rooftop space atop Building ~L' for annual revenue of $30,000 plus a first year, one-time contribution 01$10,000. OBJECTIVE: Obtain approval from the Board of County Commissioners (Board) and execution of a Lease Agreement with Nextcl South Corporation (Nextel) for use of 150 square feet of space located on the rooftop of Building 'L' at the Government Complex. CONSIDERATIONS: Nextel would like to use rooftop space on Building 'L' (the Courthouse) which is located at the Collier County Government Complex, 3301 East Tamiami Trail, Naples, in order to install and operate communications equipment for their cellular telephone business. - The Lca~ is for five years commencing on the day Nextel installs its equipment. The Lease contains a provision for four additional renewal periods of four years each. The annual rent is $30,000 with the 2004 lease term prorated to $15,000. Following the first full year of the lease, the annual rent shall be increased annually thereafter by four percent compounded annually. Either party may terminate the Lease for any reason after providing the other party 60-days notice. The County will not be required to provide any services, e.g. electrical power or telephone service to the Demised Premises. The County's Radio Communications Manager and Facilities Management Department Director shall review all plans for Nextcl's proposed equipment to ensure compliance and consistency with the aesthetics of the Government Center's buildings and design (see drawings attached to the lease agreement). Nextcl has agreed to pay the County a one-time stan-up fee of $10,000 that will be paid in full within thirty days of the County's execution of this Lease. Since Building 'L' is a secured building, the County has agreed to provide Ncxtel with unlimited access during normal business hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. In order to allow Nextel employees to access the building during off-hours, the County shall conduct background checks and issue vendor identification cards to designated Ncxtel employees. This shall be conducted through the County's Facilities Management Department. To comply with Florida Statute 125.38, the use of this Lease has been advertised in the local newspaper and no party, except for Nextcl, has responded to the advertisement. The Lease Agreement has been reviewed and approved by the County Attorney's Office. FISCAL IMPACf: The first year's rent of $30,000 will be prorated for the remainder of the 2004 lease term and all annual rent thereafter will be paid in advance at the beginning of each annual period and be deposited into the 800 MHz Intergovernmental Radio Communications Program Fund (188). - GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Lease Agreement and authorize Chairman Fiala to execute same on behalf of t\f(g8oma.ltem No. 16E 10 July 27,2004 Page 1 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16E10 Item Summary Recommendation to approve a Lease Agreement with Nextel South Corporation granting use of rooftop space atop Building 'L' for annual revenue of $30,000 and a first year, one-time contribution of $10,000. Meeting Date 7/27/20049:0000 AM Prepared By Tammy Smith Business Applications Manager 7/13/20045:13:44 PM Administrative Services Information Technology Approved By Barry Axelrod Information Technology Director Date Administrative Services Information Technology 7/15/20048:56 AM Approved By Skip Camp, C.F,M. Facilities Management Director Date Administrative Services Facilities Management 7/15120045:02 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/16/200410:22 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/16/200411:53 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/16/20042:35 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/16/20045:56 PM Agenda Item No. 16E 10 July 27, 2004 Page 2 of 14 Lease 11 LEASE AGREEMENT THIS LEASE AGREEME......'T entered into this _ day of , 2004, between, Nextcl South Corp., a Georgia corporation authorized to do business in the State of Florida and whose mailing address is. 851 TrafalgarCourt, Suite 300E,Maitland, Florida 32751 hereinafter referred to as "LESSEE", and COLUER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR". WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises LESSOR owns a parcel of land eLAnd") and a building ("Building") located in the County of Collier, State of Florida, commonly known as 3301 Tamiami TrJ.i1 Ea~t, Building t, Naples, Florida. The Building and the Land are collectively referred to herein as the "Property:' The Land is more particularly described in Exhibit A annexed hereto. LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR roof top spal'C for a cellular communications facility including antennas at 3301 Tamiami Trail East. Building L. Naples, Florida, which is further desc.:,-ioc-d in Exhibit" A. nand which is attached hereto and made a part of this Lease. hereinafter referred to as the "Demised Premises," consisting of approximately 150 square feet of interior spa(,.'C in the Building and space either adjacent to or on the r()(lf of the Building and aJl access and utility easemenlS nccessary or desirable therefore (collectively, "Demised Premises") as may be described generally in E,"{hibit B annexed hereto. All improvements shall be approved by LESSOR applying, amI subject to, the terms contained in Article 5 of the Agreement. LESSEE shall, aceording to LESSOR'S direction and sp<x.;lications. construct and occupy facilities to house LESSEE'S equipmcnt on the Premiscs as more J)'.u1icularly described in Exhibit "An. All costs associated with the construction of the shelter shall be the responsibility of the LESSEE. LESSEE shall be responsible for all costs associated with the maintenance and replacement of the equipment at the Demised Premises throughout thc life of this Lease. Not withstanding any provision in this Lease, including Article 7 and Article 17. Upon the termination or expiration of this Lca.o;c. LESSEE shall remove all equipmcnt and improvements and return LESSOR'S premises to the original condition reasonable wear and tear ae<:cptcd, LESSEE shall be required to obtain the required use permil(S) (conditional or otherwise) for constructing and operating the Demised Premises pursuant to those tenns outlined in the CoJlier County Land Development Code and all applicable ordinances. LESSOR docs not make any "'-presentations Of warrdIlties with respect to the Demised Premises to the LESSEE. The LESSEE accepts the Demised Premises in "as is" condition and there shall be no abatement for defects in the Demised Premises or from violations of law with respect thereof and LESSEE shall not hold LESSOR liable for any defects in or defective conditions of the Demised Premises or to title thereto. LESSEE'S obligation to perfonn under this Agreement shall be subject to and conditioned upon: (a) LESSEE'S obtaining. at its option and cost, a title report or commitment for a leasehold title policy from a title insurance company of LESSEE'S choke which must show no defects or restrictions of title or any liens or encumbrances which may adversely affect LESSEE'S use of the Premises or LESSEE'S ability to obtain financing: lb) LESSEE'S obtaining. at its option and cost, a survey, geotechnical report and analysis test... which must show no defects which, in the opinion of the lenanl, may adversely affect LESSEE'S use of thc Premises: (c) LESSEE'S securing appropriate approvals for LESSEE'S intended use of its Equipment on the Premises from the Federal Communications Commission. the Federal A. vialion Administmtor. and any other federal, state or local regulatory agency having jurisdiction l\ver1tLESSEE'S16E1 0 proposed use of the Equipment; and Agenaa em No. July 27,2004 Page 3 of 14 (d) In the event of a failure of any of the above refcrenced conditions precedent within 120 days of exccution of this Agrecment. LESSEE may terminate this Agreement through written notice to Owner and by restoring the Premises to its condition as of the date of the execution of this Agreement. (e) LESSEE shaU inform LESSOR, in writing, regarding the title report, geotechnical report and analY51s, environmental audit. and obtaining required glwcmmcnt approvals. ARTICLE 2. Term of Lease The initial term of this Lease Agreement shall be for a term of five (5) years commencing upon the date LESSEE is issued a permit to install its facility on the Demi!'lC9 ~mi~:! and terminating at midnight at the last day of the fifth year following that permit issuanc.'C date, hereinafter referred to as "Initial Tenn." This Lease will be automatically renewed for four (4) separate additional terms of five (5) years each. hereinafter refcITCd to as the "Four (4) Renewal Terms", unless LESSOR or LESSEE notilies the other of its intcntions not to renew at least ninety (90) days prior to expiration of the then current term. LESSOR reserves the right to terminate this Lease. by providing LESSEE with written notice. if LESSEE shall violate any prm:isions of this Lease and not remedy such dcfaults as required in Article I I herein, LESSEE shall terminate this Lease, at any time, with or without cau!'lC, by providing LESSOR \vith ninelY (90) day advanced written notice. In addition, LESSEE covenants and agrees not to use, occupy. suffer or permit said Demised Premises or any part thereof 10 be used or occupied for any purpose that is not authorized by this Lease or is contrary to law or rules or regulations of any public authority having jurisdiction over Lhe Demised Premises. ARTICLE 3. Annual Rent and One Time Contribution Q~~..: TIM!H:~_ON""ffil~VTION LESSEE has agreed to provide LESSOR with a one-time payment of Ten Thousand Dollars ($10,000.00) to be paid in full and to be paid within thirty days from LESSOR'S execution of this Lease. ~EJ.'lT Beginning on the day in which the permit to construct is issued the Demised Premises ("Lease Commencement Date"), the LESSEE hereby covenants and agrees Lo pay as rent for the Demised Premises the sum of $15.000 as prorated rent for the remainder of 2004. The "Annual Ren!." beginning January 1. 2005 will be $30,000. All payments shall be forwanled to the Real Property Management Department at the address set forth in Article 13 of this Lease and all rents shall be paid in full. The parties shall confmn this Lease Commencement Date by lelter. Following the flJ'Sl full year of Annual Rent. the Annual Rent set forth above shall be increased by an amount equal to four pereent (4%) over the Rent paid by LESSEE during the immediately precc~ing year. (for eltample: the rent due on the fir>t anniversary date (January 2006 shall be $31,200; the rent due on the second anniversary date: shall be $32,448; the rent due on the third anniversary date shall be $33,745.92; and the rent due on the fourth anniversary date shall be $35,095,75). ARTICLE 4. Other Exocnses and Charges LESSEE shall pay all utility charges applicable to the Demised Premises including, but not limited to charges for electricity, air conditioning, water. telephone or other communication scrvll:es used, rendered or supplied thereupon or in connection with the Demiscd Premises. If LESSEE is unable to install independent electrical service to the demised premises, LESSEE agrees to meter the services used and reimburse Collier County the actual cost of said service. Collier County makes not warranties regarding the availability or quality of utility services available. ARTICLE 5. Modilications to Dcmi!'lCd Prcmi!'lCS 2 Agenda Item No. 16E 10 July 27, 2004 Page 4 of 14 Prior to making any changes. alterations. additions or impmvemelllS to thc Demised Premises, LESSEE must provide to LESSOR all proposals and plans for alterations. improvements. changes or additions to the Demised Premises for LESSOR'S writlen approval, specifying in writing. and in meaningful detail. the nature and extent of the desired alteration, improvemcnt, change. or addition. along with the l.'Ootcmplalcd starting and completion time for such project LESSOR or i~ designce will then havc up to thirty (30) days within which to approvc or deny in writing said request for changes. improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required OJ' appropriate alterations, improvements, changes or additions pn)posed by LESSEE. LESSEE agrees and acknowledges that it is solely responsible for obtaining all licenses. permits and variances that may be required for iL~ contemplated use of the Demised Premises. LESSEE covenants and agrees in connections with any maintenance, repair work. crection, construction. improvement, addition or alteration of any authori7.cd modifications. additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of thc United Sates of America, State of Florida. County of Collier, and any and all other govemmcntal agencies having subject matter jurisdiction. The execution of this Lease by LESSOR shall not ~ construed by LESSEE as a substitute for. or ex.emption from, those licenses, permits. or variances that may ~ needed by the LESSEE for its contcmplated use of the Demised Premises, nor exempt the LESSEE from il" duties under Federal, State ;J.nd local laws. Notwithstanding anything to the contrary. LESSEE may upgrade il~ installatitm without the consent of the LESSOR. For the purpose of this Article. "Upgrade" shall refer to improvements or enhancements to the installation that would not increase the amount of leased space on the ground and would not otherwise require a permil ARTICLE 6. Access to Demised Premises LESSEE, its duly authorizcd agen~, contractors. representatives, and employees shall havc the right to cnter into and upon the Demised Premises twenty-four (24) hours a day, seven (7) days a week:. The Demised Premises arc installed in a County t,;minaljusticc facility and duc to the level of security currently required for said facilities. access is controlled as follows: (a) Any authorized representative of the LESSEE may 3(,.\:ess the site while the building is open through the security checkpoint and completion of the vendor registration log. The security checkpoint is normally staffed from 7 AM to 7 PM Monday through Friday. (b) LESSEE may designate any duly authori7.cd agents, contractors, representatives, and employees for site acce~s outside the above hours. Lessee shall submit identifying information for said designees; name, date of birth, and driver's license number; prior to issuance of a County vendor identifici\l.ion card. These designees are subject to a background check which may include fingerprinting. LESSOR shall not unreasonably withhold approval of requests for vendor identification cards. ARTICLE 7. Assignment and Sublctting LESSEE may assign this Lease provided LESSEE promptly notifies LESSOR of such assignment and the assignment is subject to the provisions of this Lease. Further, LESSEE may. upon notice to LESSOR, mortgage or gnmt a security interest in this Lease and thc Communications Facility, and may assign this Lease and the Communications Facility to any such mortgagees or holders of seeurity interests including their successors and assigns (hereinafter collectively referred to as "Mortgagees'). In such cvent, LESSOR shall execute such consent to leasehold financing as may reasonably he required by yfortg'J.gces. LESSOR agrees to notify LESSEE and LESSEE'S Mortgagees simultaneously of any Jefault by LESSEE and to give Mongag\"'Cs the samc right to curc any default as LESSEE. LESSOR hereby acknowledges that LESSEE currently has financing in place with Chase Manhattan Bank, N.A. In connection therewith. LESSOR waives any lien rights it may have concerning the LESSEE'S facilities and equipment whatsocver at the Demised Premises or related lhereto (hereinaJte~Wffii~feffii~6'>'16E 10 July 27,2004 Page 5 of 14 all of which are deemed LESSEE'S per.lonal property and not fixtures, and LESSEE has the right to remove the same alany lime without LESSOR'S consent. LESSOR acknowledges that LESSEE has entered into a financing arrangement including promis-~lry notes and financial and security agreements for the financing of Lessee's Facilities ("Collateral") with Chase Manhattan Bank. N.A. (and may in the future cnter into additional financing arnmgements with other financing entities). In connection therewith, LESSOR (i) consents to the installation of the Collateral; Oi) disclaims any interest in the Collateral, as fixtures or otherwise; and (Hi) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy. attachment. or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal pnx:cedings. LESSEE at its sole discretion shall have the absolute right to sublease or license the Premises or any portion to others for the purposc of radio transmission and communication service. LESSEE'S Sublessee(s) shall be entitled to right'; of ingress and egress to the Premises and Easement and the right to install utilitiCll on the Prcmises and Easement as if said Sublessee were LESSEE under this Lease. ARTICLE 8. Indemnity LESSEE shall indemnify, defend and hold hannlcss LESSOR, iL" agcnts and employees from and against any and all liability (statutory or otherwise), damages, claims. suits, demands, judgments, COSL", interest and expenscs (including, but no limited to, attorneys' fees and disbursements both at trial and appellate Icvels) arising directly or indirectly, from any injury to, or death of. any person or persons or damage to property (including loss of U~ thereof) related to (A) LESSEE'S U!lC of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR. its employees, agents or contractors) by or on behalf of LESSEE in or about thc Demised Premi.scs, (C) any condition of the Demised Premises duc to or resulting from any default by LESSEE in the perfonnance of LESSEE'S obligations under this Lease or otherwise, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of anyone or more thcreof. LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shaIl defend such action or proceeding if LESSOR shall so request, at LESSEE'S cxpense, by counsel reasonably satisfactory to LESSOR. ARTICLE 9. Insllral'lcc LESSEE shall provide and maintain general liability and property liability insurance policy(ics), for not less than One Million Dollars ($1.000.000.00) combined ~inglc limits during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Slatutory Limit'! in compliance with the applicable state and fcderal laws. The coverage shan include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and NollOO Cents ($IOO,oooJXl) each accident. Such insurance policy(ies} shall list and continuously maintain Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Management Department. 3301 East Tamiami Trail. W. Harmon Turner Building, Naples, Rorida. 34112, prior to the commencemcnt of this Lease Agrocment; and shall include a provision requiring not less than thirty (30) days prior written notice to Collier County do County Risk Management Department in the event of cancellation or changes in policy(ics) coverage. LESSOR, at LESSOR'S sole cosland expense, shall procure and maintain on the Property, bodily injury and property damage insurance with a combined single limit of at least One Million and 001100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure. on an OCCUll'Cncc basis, against all liability of LESSOR, its employees and agents arising out of or in connection with landlord's use, oc'Cupancy and maintenance of the Property. Each party shall be named as all additional insured on the other's policy. Each party shall provide to the other a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days following the effective date of lhis Agreemenl. Either party may self.insure the coverage required herein. ARTICLE 10. Maintenance LESSEE shall maintain i~ facility and all related equipmcnt at its sole cost and expense excluding equipment of any subtenants of LESSEE. If by LESSEE'S use of the propcny, the Demised Premises are not kept clcan in the opinion of LESSO~ LESSEE wi~1 be so advised in writing. If cOlTC('ti."e action is not takelA~}1.IUI).j~'~<fh~o~~ 6E1 0 the llX"Clpt of such notIce. LESSOR may cause the same to be cleaned and con'ct1t'iildJ1lJU~'~jfjrl~, 2004 Page 6 of 14 4 assume and pay all such necessary cleaning cost'l and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, it'l employees. agents, independent conLractors, guests. invitees. licensees. or patrons, If applicable. LESSEE, at its sole cost. shall remove from the Demised Premises in ~ordance with all applicahle rule-s, laws and regulation!!. all solid, liquid. semisolid. and gaseous trash and waste and refuse of any nature whatsoever which accumulalCs or arises from LESSEE'S use of the Demised Premises. Such trash. waste and refuse shall be stored in closed containers approved by the LESSOR. ARTICLE 11. Default bv LF..sSEE Failure of LESSEE to commence remedy of default a.'l soon as possible and to complete remedy of default in thirty (30) days with any provision or covenant of this Lease shall constitute a default whereby LESSOR may, at its option, terminate this Lea.<>e by giving LESSEE thirty (30) days wrincn notice to vacate the Demised Premises unless the default is fully cured within that thirty (30) day notice period If the default may not reasonably be cured within a thirty (30) day period, LESSOR may not lCnninate this Agreement if the defaulting party commences action to cure the default within such thirty (30) period and proceeds with due diligence to fully cure the default. However. the occurrence of any of the following events shall constitute a default by LESSEE and this Lease may be immediately tcrminalCd by LESSOR except to the extent then prohibited by law: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation for a period of six months without notice or cause. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganv.ation. plan or arrangement of bankruptcy. (d) Adjudication as bankrupt. (e) Making of a gencral assignment of the bencfit of l..Teditors. <0 If LESSEE suffers this Lease to he taken under any writ of execution. The LESSOR may, at its option. terminate this Lease after providing LESSEE with thirty (30) days written notice if a Iicn is filed against the leasehold interest of the LESSEE, and the lien is not removed or bonded within that thirty (30) day notice period. pursuant to the law or otherwise. If LESSEE fails to pay, when due. any rental payment, or any other sum payable to LESSOR under this Lease. and if said sum remains unpaid for more than ten (10) days past the due date, the LESSEE shall pay LESSOR a late payment charge equal to five (5) percent of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrue simple interest of one and one half (1%) percent per month or the highest interest rate then allowed by Florida law, whichever is higher. which interest shall be paid by LESSEE to LESSOR. ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the perfonnancc of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to LESSOR by LESSEE properly and in meaningful detail specifying wherein LESSOR has failed to perform any such obligations. 13. Notices Any notice which LESSOR or LESSEE may he required to give to the other party shall be in writing delivered to the other party at the following addresses. or changcs thereto which havc been notified to the other party: LESSOR: LESSEE: NextclCom~~~<W8'M Item No. 16E10 July 27, 2004 Page 7 of 14 5 Board ofC(lunty Commissioners c/o Real Property Management Department 3301 Tamiami Trail East. Administration Building Naples, Florida 34112 851. Trafalgar Court. Suite 300E Maitland, FL 32751 Attn: Property Manager Copy to: Office of the County Attorney Facilities Management Director Copy to: Nextcl Communications, Inc. 2001 Edmund Halley Drive Reston. VA 20191-3436 Second Floor, Mail Stop 2E225 Ann: Site Lca,ing Services, Contracts ARTla..E 14. Surrender of Premi~s At the expiration or termination of this Lease, at its sole cost and cxpense, LESSEE shall remove its antenna and any related equipment placed upon the Demised Premises throughout the life of this Lease within sixty (60) days from the expiration, tennination, or early termination, of this Lease. ARTICLE 15. General Provisions LESSEE fully understmds that the police and law enfot\.-cmcnt security protection provided by law enforcement agencies for the above-referenced Demised Premises is limited to that providcd to any other business or agency situated in Collier County. and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises by LESSEE shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE cxpressly agrees for iL'lClf, its successor nnd assigns. to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operation!! share common facilities or otherwise. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the ex.tent applii.:ablc under law. (c) LESSEE agrees to pay all intangible personal property tllll'.e!! and other taxes, if any, that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premiscs. ARTICLE 16. Environmental Concerns If after LESSEE takes possession of the Premises, ha7.ardous Materials arc diseovered to e:l;ist on the Premises, LESSEE may terminll1e this Agreement and LESSEE ~al1 owe no further duties, obligations or liability to LESSOR. LESSOR shall be responsible for, nnd hold LESSEE harmless from. any expenses incident to the abatement or compliance with the requirements of any federal, state or local statutory or regulatory requirements caused dircctJy or indircctJy by the activities of LESSOR and LESSOR'S agents, employees or contractors, or resulting from the presence of Hazardous Materials hereafter brought onto the Premises by LESSOR'S or LESSOR'S agents, employees, lit.-cnsccs. invitees. tenants or contractors. LESSEE shall comply with all laws, ordinances, rules. orders or regulations applicable to Hv.ardous Materials. LESSEE shall not use the Premises or the Easement for treatment, storage, trnnsportation to or from. use or disposal of Hazardous Materials (0llK.'1' than petroleum products necessary for the operatiQn of an emergency electrical generator to serve the Equipment or batterie!! used for the operation of the Equipment). LESSEE shall be responsible for and hold LESSOR harmless from. any ex.pense incident to the abatement or compliam:e with the requirements of any federal, state or local statutory or regulatory requirements caused. directly or indirectly, by the activities of LESSEE or LESSEE'S agents, employees or contractors. or resulting from the presence of any Hal.ardou-'l Materials brought onto the Premises by LESSEE. LESSEE'S agents, employees, licensees. invitces. or contractors. LESSOR ~ereby Tepre~nls and warrants that (i) it ha: no knowledge &.f.~..r'!cW~ljT, (It\~~~16E 10 Hazardous Material located 10, on, under, upon or atfectmg the properly'~I'~01aU~~J1V iff, 2004 Page 8 of 14 6 Environmental Law; (ii) no notice has been received by or on behalf of LESSOR from, and LESSOR has no knowledge that notice has been given to any prede~essor owner or operator of the Property by, any governmental entity or any person or entity claiming any violation of, or requiring compliance with any Environmental Law for any environmental damage in, on, under, upon or affecting the Property; and (Hi) it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the Property in violation of any Environmental Law. LESSOR agrees to indemnify, defend and hold LESSEE harmless from and against all Losses arising from (i) any breach of any represcntation or warranty made in this Paragraph; and/or (ii) environmental condition'! or non~:ompliance with any Environmental Law (as defined below) that result from the ownership or control of, or operations in or about. the Property by LESSOR or LESSOR'S predecessors in interest, and their respective agent~ employees, contractors, tenants, guests or other parties. The dutie'! deseribed in this Paragraph shall apply as of the Effective Date of this Agreement and survive termination of this Agreement As used in this Agreement. "Ha7.an1ous Materials" shall mean any and all polychlorinated biphenyls, petroleum products., asbestos, urea formaldehyde and other hlV.ardous or toxic materials, waslCs or substances, any pollutants, and/or contaminants, or any other similar substances or materials which arc defined or identified as sucb in or regulated by any federal. state or local laws. rules or regulations (whether now existing or hereinafter enacted) pertaining to environmental regulations, contamination, dean up ur any judicial or administrative interpretation of suclllaws, rules or regulations or any substance iliat after release into the environment and upon exposure. ingestion. inhalation or a<;similaLion, either directly from the environment or dim.:tly through food chains will or may reasonably be anticipated to cause death. disca.'iC, behavior abnormalitie~ cancer or genetic abnormalities. "EnvuonTMnt4l Law" means any and all federal, state or local laws. rules.. regulations, code~ ordinan(.'CS, or by-laws, and any judicial or administrative interpretations thereof, including orders.. decrees.. judgments, rulings. directives or notices of violation. that crealC duties. obligations or liabilities with respect to: (i) human health; or (ii) envimnmcntal pollution.. impairment or disruption, including, without limitation, laws governing the existence. use, storage. treatment. discharge, release, containment.. trnnsportation, generation, manufacture. refinement. handling, production, disposal., or management of any Hazardous Material, or otherwise regulating or pmviding for the protection of the environment. ARTICLE 17.I.DJerferen<..'C LESSEE covenants and agrees that LESSEE'S communication equipment. its installations, operation and maintenance will: A. Not interfere with the operation of LESSOR'S radio equipment. In the event there is interference by LESSEE, LESSEE will promptly take aU steps necessary to correct and eliminate same witbin a reasonable period of time. If LESSEE is unable to eliminate such interference (.'aUsed by it within 48 hours aft~ receipt of written notice from LESSOR, LESSEE shall temporarily disconnect the electric power and shut down its equipment (except for intermittent operation for the purpose of testing, after perfonning maintenance. repair, modification replacement.. or olher action taken for the purpose of correcting ~uch interference) and if such interference is not corrected within 30 days after receipt of the wrinen notice. LESSEE agrees to remove the Equipment from the Demised Premises and this Agreement shalltenninate as ifby expiration.. B. Not interfere with the maintenance of LESSOR'S operations at the Demised Premises. C. Comply witb all applicable rules and regulations of the Fede....ll Communications Commission and electrical codes of the City and/or Slate concerned. Notwithstanding anything berein contained to the contrary, subsequent to the installation of the LESSEE'S facilities, LESSOR will not permit its les..'lCCs or licensees tn, install new equipment on or make any alterations to the Property or propcny contiguous thereto owned or controlled by LESSOR, if sul.:h modifications cause interferen~:c with LESSEE'S operations. In the event interference O\,;curs.. LESSOR agrees to use best effons to eliminate such interferen<..'C in a rea'\onable time period. LESSOR'S failure to comply with this paragraph shall be a material breach of this Agreement to the extent such interference is not corrected. LESSOR acknowledges that LESSEE intends to record a Memorandum of Lcao;c with the appropriate recording officer upon execution of this Lease. promptly upon LESSEE'S request. LESSOR shall excc:t{~~tclh~~ 6E 10 July 27, 2004 Page 9 of 14 ~ ARTICLE 18. Radon Gas In compliance with Section 404.056. Rorida Statutes. all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas thal, when it has accumulated in a building in sufficient quantities. may present health risk.s to persons who are ellpo!lCd to it over time. Levels of radon that exceed federal and state guidelines have heen found in buildings in Rorida. Additional information regarding radon and radon testing may be obtained from your county public health unit ARTICLE 19. Extent of Liens All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by or thmugh the LESSEE. also for improvements made by the LESSEE are l>-pccilically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10. Rorida Statutes. ARTICLE 20. ElTcctive [{ate This Lease shall become effective, for pre-occupancy purposes. upon execution by both LESSOR and LESSEE. The Effective Date of Commencement of the tiTSt lease YC<'U' is the date the permit to construct the tower is issued to LESSEE. ARTIC'LE 21. Governing Law This Lease shall be governed by and construed in accordance with the laws of the State of Florida. ARTICLE 22. Marking and Lighting: LESSEE shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation Administration ("FAA~) and the FCC to the extenl such requirements apply as a result of LESSEE'S use of !he Demised Premiscs per this Agreement The LESSEE should assume the dULY of lighting to the extenl such lighting requirements is required by LESSEE'S use of the Demised Premises. Should LESSOR or LESSEE be cited because the Property is not in complian<..'C and should LESSEE fail III cure the conditions of noncomplian(.:c. LESSOR m~y either ll..'f11linale this Agreement or proceed to cure the conditions of noncompliance at LESSEE'S expense, which amounts may be deducted from the Rent. a Agenda Item No. 16E10 July 27, 2004 Page 10 of 14 ....s TO LESSEE: DATED: BY: wrTh"ESS (signalure) (prinl name) (prinl nlllllC) (rille) WrI'l"ESS (signanuc) (print name) Approved U 10 fonn and leg~ suffKiency: -1'ct Thrimas C. Palmer. AJl.si1lml Counly Altorney 9 Agenda Item No. 16E 10 July 27,2004 Page 11 of 14 PNW'U WIU a._U1.'O' PROPOSED~ ANTENNA AAAAY AZ-3fY" PNW'U WAU. a..119,.... MEOlANlCAL ROOM ROOF EL=117.48' MAIN ROOF EL=106.98' PROPOSED ;.JC UNITS PROPOSED CABLES CUT PORT IN W~ PROPOSED~ ANTENNA AAAAY AZ=15O" PNW'U WNJ. a..1I1,4]' NOTE: 'THEREQUlREMENT FOR A RESTRICTED N:.CESS AREA SHAU.. BE SUBJECT TO ACTUAL ANTENNA PLACEMENT AND EME CQMPUANCE. SCALE: 1"=30' ROOFTOP PLAN VIEW EXHIBIT B NEX.TEL: .v1.0111S0N nil H nSHFlELD .~t:I!II'fM.........n:- "T\.IlIIfT....QA.. "T.~'-~ __ ~ A"'- COMIlAUNlCATrON#I SITE FL-1797-A - MOOREHEAD MAN~enda Item No. 6.e'1~C__ 3301 TAM lAM 1 TRAIL July 27 2'~= NAPLES, FLORIDA 34112 Page 1 of 14 Cl1T PORT IN WAll FOR A/C lHTeUOR WALL I I , I I I , I I I I I I I I I I ~~J SOURCE EXISTING ElmRIOIl. WALL Of MEOWIlCAl. ROOM ELEVATOR ROOM Cl1T PORT IN WAll FOR AlC :==:==:==:==:==:==:= ==t:- OVERHEAD POWER Cl1T PORT IN WAll FOR CABlES EXISTING lHTeUOR WAI.J. EXISTING ElrnRJOll w.u. OF "EOiANICAl.IlOO" EXISTING OOOR~ SCALE: 1"=10' \ \ INSTAll FIRE SUPRESSION SYSTEM PROPOSED OVERHEAD CASlE TRAY 3' WPOSED fAll MOUNT IC UNIT -'--'- . - -' --.- _.- -.= -' - -.- -.--' .--.--.- ~OPOSED 3' DOOR ?ROP05ED WAll MOUNT A/C UNIT NSTll.lJCT INTEUOR WAUS SCALE: 1"=5' PROPOSED INTERIOR IMPROVEMENTS EXHIBIT B NEXTB.: MOllISON nil HEUHFlELD .~C8IT8lIEWf. -.m_ AIUIlIfTA,IM'" ,..~...TI"lU7'UIt1 d. - SITE FL-1797-A - MOOREHEAD MAN~enda Item No. 3301 TAMIAMI TRAIL July 2 NAPLES, FLORIDA 34112 Page 1 COMMlJNICAT7ONS ~- "'" f\.OIOD moo o .== of 14 PROPOSED NEXTEL ANTENNA ARRAY RAD CENT1!R-117.48' AZ=30. PROPOSED NEXTEL ANTENNA ARRAY RAD CENTER=117.48' AZ-27G- PARAPET WALl. EJ..,oH1.43' PROPOSED NEXTB. ANTENNA ARRAY RAD C!NT!R-117.48' AZ-15O" PAlW'ETWALI. a-HlI.98' _,~J a.!06.98' GR.OlHllEo'El. EQUIPMENT UST 1. 12 - DB8+4H90E-XY ANTENNAS 2. 10 - EQUIPMENT RAO<S 3. 12 - 7/8" COAXIAl CABlES 4. 2-<i.P.5. ANTENNAS 5. I-TEST MOBILE ANTENNA 6. MICROWAVE (IF APPIlCASlE) 7. STAND-BY GENERATOR (IF APPIlCABLE) NOTES: 1. ANTENNAS SHALL BE PAINTED TO MATOi BUILDING COLOR. 2. ANTENNA CABLES SHALl BE PlACED IN A CABLE 0iASE WITH aJLOR AND TEXTURE MATOiING BUILDING. WEST ELEVATION NOT TO SCALE MO.IIS0N nil HnSHFlELD .~Cl!If1'8!MY.a.rn:_ A"nMTA.Q4" T.~_"-~ ---~ ~ SITE SKETCH NEXlEL: COMMUNICAT1ONtI SITE FL-1797-A - MOOREHEAD MAN~enda Item No. 6.e'j~C.... 3301 TAM lAM I TRAIL July 27 2'~= NAPLES, FLORIDA 34112 Page 1 of 14 EXECUTIVE SUl\1MARY Recommendation to ratify approval of a letter designating the Collier County Early Literacy and Reading Partnership for Educational Success as the Local Council for the Early Learning Opportunities Act Discretionary Grants Program of the United States Department of Health and Human Services. OBJECTIVE: To support application of an Early Learning Opportunities Act Discretionary Grant by the Collier County Early Literacy and Reading Partnership for Educational Success. CONSIDERATION: A requirement of the Early Learning Opportunities Act Discretionary Grants Program of the United States Department of Health and Human Services is that a local government entity designate a Local Council to be responsible for application and implementation of the grant The purpose for this designation is to ensure that the Local Council is comprised of a variety of representatives of local agencies that will be directly affected by early learning programs and that only one Local Council is designated. - Fun Time Early Childhood Academy, Inc. approached Collier County with a request for a letter of designation to designate the Collier County Early Literacy and Reading Partnership for Educational Success Program as the Local Council. Fun Time will serve as the Fiscal Agency and will ensure that the Local Council properly implements the grunt if funded. Collier County will have no obligation or responsibility regarding the grant requirements if the grant is successful. To meet the grant deadline of July 27, 2004, County Manager, Jim Mudd. signed the designation letter. This was permitted under the application guidelines of the grant program. FISCAL IMPACT: Funding will be received directly by Fun Time Nursery, Inc. dfb/aJ Fun Time Early Childhood Academy, Inc. as the Fiscal Agent. Fun Time estimates that the grant request will be approximately $999,999 and they are providing a match in the amount of $750.000. There is no direct fiscal impact to Collier County. however, if Fun Time and the Local Council receive the grant. early learning and literacybenefits will be received through the county. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners ratify approval of a letter designating the Collier County Early Literacy and Reading Partnership for Educational Success as the Local Council for the Early Learning Opportunities Act Discretionary Gmnts Program of the United States Department of Health and Human Services. -- Agenda Item No. 16E11 July 27,2004 Page 1 of 4 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E 11 Recommendation to ratify approval of a letter designating the Collier County Early Literacy and Reading Partnership for Educational Success as the Local Council for the Early Learning Opportunities Act Discretionary Grants Program of the United States Department of Health and Human Services. 7/27/20049:00:00 AM Prepared By Marlene J, Foord Administrative Services Grants Coordinator 7114/200411:05:35 AM Approved By Administrative Services Admin. Marlene J, Foord Administrative Services Grants Coordinator Date Approved By Administrative Services Admin, 7114120041:48 PM Marla Ramsey Public Services Parks & Recreation Director Date Parks and Recreation 7/15/200412:02 PM Approl'ed By Skip Camp, C,F,M, Administrative Services Facilities Management Director Date Facilities Management 7/15/20045:02 PM A pproved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 71161200410:25 AM Approved By Robin John!!on County Manager's Office Management/Budget Analyst Date Office of Management & Budget 7/16/200412:04 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/16/20042:16 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/19/20043:09 PM Agenda Item No, 16E11 July 27, 2004 Page 2 of 4 APPUCAllON FOR FEDERAL ASSISTANCE 1. TYPE OF SU8MI$SlOH: Applicaton o CoMtruc:tfon i 5. APPUCAHT 1NF00000TlON 2. DATE SU8WTTED !'I.'Y.~J"_~_ :3. DATE RECEIVED 8Y STATE Applicant Identifier Version 71fX ~1b1 (j ConstnIdIcn ! State AppIk:a\lOn IdenIihr ; ,4. DATE RECEIVED BY FEDERAL AGENCY I FederalldciiiiifiiW-~"" ____...1,._..______..........,. I last Name ; Long " i legal Name: I Ofga,,1:rationIIt Unit Fun TIlTlO Nursery, Inc. obo CllIller County Early literacy and Re8<f1!1g f>af1nenhip ~ dItita Fun TImt Eal1y Chllclhocd Academy, Inc, ~nizalionaf DUNS: 0Msl0n: 07 71018 AddNu: ...... and tIIIepMnt IlUmber fit pttIOI1 to be cont.adlld on mil" S1reeI: InvoMng tttla latw .... cOde) 10105lh Avenue North Prefix: ..._,-1~ N.wre; i CIIy: ~,~~,,'~.._,_.. MiddieName i Naples C, ~.... . .--... .... .............". ".,,,,,~.,,, ~....,..___..._.M__....~.__ PI1!l'rioUs Edition Usable Authorimd for local RllOI'Cldudion !~ [~~ Suffix:. ..._,._._~_~,-~..'~,~~~_V.~.,.M~~.......-..h~.'_-.. ...... -.-'.-...,',."",-,,- I Counlri: Email: -- . Uruled Slates ldravl411@aol com ~6. EMPLOYER 100000000TION NUMBER (EIN)' Phone Number (QIW_code) I Fax Noo1bet (>Jive - code) i i5!@-[]@]!3119 il91171181 23926NI284 2392614015 8. TYPf OF APPLICATION: 7. TYPE OF APPUCAHT; (See back of form for AppIlc:ation Types) flNew rn ContInuation I[~n No! fOf Profit Organization f RevtslOIl, enter approoriate Ie!lief(s) in box(es) See badt of form for de1IcrlpIon of ~.) 0 D Other (~) 0Ihef (specify) 9. NAME OF FEDERAl AGEHCY: Depanment 0( H~ and Human SeI'IIices 10. CATAl.OG OF FEDERAl.. DOMESTIC ASSISTNfCE NUM8ER: 11. OESCRSPTlV& Tm.E OF APPUCANrS PROJECT: ~@]-~0m Collier County EaIty literacy and Reading ~p fof Educalional TmE (Name of Pnl9nunJies Succosa Eatty ~ 0pp0rlun.. Act (El0A) Dlsa'etionaty Gnmts 12. AREAS AFFECTED BY PROJECT (CilIa. CountIes., States. ete). Colilet' County 113. PROf'OSEDJ'.~_~ 14. CONGRESSIONAL otSTRlCTS OF: . Start Dale: lEnding Date: a, Applicant ~~. Projed 1001104 03.'01106 14th and 25th ' 4ltl and 25th 15. EST1IIIATED FUNDING: '&.IS APPUCATlOH SU8JECT TO REVIEW BY STATE EJtEcunVE bROI"R t:t.172 PtlOCESS? a. Federal IS .~ C THIS PREAPPUCAOONt'APPlICATlON WAS MADE 999.999 a. Yes. ' AVAIlABlE TO THE STATE EXECUTIVE ORDER 12372 b. AppIk:ant $ - PROCESS FOR REVlEWON 750.000 ' e.State $ ,- DATE: d.LocaI $ .- b.No. ~ PROGRAM IS NOT COVERED BY E. O. 12372 e.~ $ - n OR PROGRAM HAS NOT BEEN SELECTED BY STATE ,- FOR REVIEW 1. PrognIm Income $ .- 11.1S THE APPUCNIT DEUNQUENT ON ANY FEDERAL DEBT? g, TOTAL I .- o Y. If '"Yn. atIaltI an elqlIanallon. lZlNo 1,749,999 1&. TO THe BEST OF MY KMOWLEDGE ANO BEUEF. ALJ.. DATA IN THIS APPUCATIONlPREAPPUCATION ARE TRUE AND CORRECT. THe HAS BEEN DULY AUTHORIZED BY THE CO'JERNN:J BODY OF THE APfIlUCANT NIO THE APPt.I(:AHY' WILl. COIIIPL Y WITH THI! ATTACHED ASSURANCES. TIE ASSISTANCE IS AWARDED. lO, R ~ I~Name ~ Name J, last Name ~ McCabe b. TllIe ~ Tetephone Number (~ -l:OC>>l President 239 263-0n3 d. Signaan of AuttlOIlZed ~live r. Datil Signed County: Collier S1andard Fonn 424 (Rev,9-ZOO3) Presctlbed by OMS CiraAN A.l02 Agenda Item No. 16E11 July 27,2004 Page 3 of 4 COLLIER COUNTY N1ANAGER'S OFFICE 33(H [a~ Tamiami Ir..il _ '..~rk,. n(ld~;l ~112 . 2.N,7),I.~;~.' · VAX c,1<).~lIf1 July 20, 2004 Administration on Children, Youth and Families, Child Care Bureau Department of Health and Hwnan Services 118 Q Stn..-et NE Washington. DC 20002.2132 To Whom It May Concern: Under the authority granted by Chapter ! 25. Florida Statures, the Collier County B(lard of County Commissiont..'rs hereby designates Collier COllnty Ear~v Literacy alld Reading Partllcl:5hip for Educational Success as [he eligible Local Council it)r Collier County for the purposes of the Early Learning Opportunities Act (ELOA) discretionary gram program. Collier County also authorizes Collier COllfl~V EarZv Lileracy and Reading Partllership Jill' Educational ,)'l/ccess to develop and submit an application to the Administration on Children. Y oulh and FamiIiL'S, Child Care Bureau in response to the ELOA Funding Opportunity Number: HilS- ACF-CCB-ELOA-Q4-0 I, and to administer the implementation of the project if fundlXl. Collier County hereby authorizes Fun Time Nurst-'TY. Inc, d:bia/ Fun Time Early Childhood Academy. Inc. to serve as the Fiseal Agent on behalf of Collier County Early Lileracy and Reading Partnership for Educational Success. The Fiscal Agent's Employer Idt:ntification Number (EIN) is: 59~I039978 and the D-U-N-S Number is 07S47 101 8. These numbers have b,,:cn entcrt.-d in hems 5 and 6 on the Application tor Federal Assistance (SF- 424). As required under the statute goveming ELOA, Collier COUfl(V Early l.iterac.y ancl Reading Parlflers!Jip for Edllcationtll Success includes: (l) Representatives of local agencies that will be directly affected by early learning programs assisted under the ELOA and this announcement; (2) parents: (3) other individuals conct.'TI1t:d with early teaming issues in the locality, such as representatives of entities providing elementary education, child care resource and referral services, early learning opportunitj~'S, child care, and health s("'TViccs; and (4) other key community leaders. Collier County Early Literacy and Reading Partnership fiJr Educational .'J'uccc.u was responsible tor preparing and submitting the enclosed application for the ELOA discretionary grant program. Sinct:rcly, /~ ~p/ " J ~-~-4 ~d CountvManager Agenda Item No. 16E11 July 27, 2004 Page 4 of 4 EXECUTIVE SUMMARY Recommendation to declare certain county-owned modular furniture pieces as surplus and authorize staff to properly dispose of these items. OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations regarding the above referenced request for disposal of modular furniture pieces. CONSIDERATION: The Public Utilities Division will be undergoing office renovations. The division is getting new modular furniture which will result in numerous pieces of old modular furniture that will need to be removed from their department. In January 2003, staff encountered a similar situation when the Property Appraisers office was relocated. At that time, research was done to find a buyer or buyers for the remaining modular furniture pieces. Telephone calls were placed to a variety of area vendors to determine if there was any interest in purchasing used modular furniture. The calls were made to resale furniture stores, the companies who deal in modular furniture (Herman Miller, Marco Office, and Office Furniture and Design), and buyers who purchased office equipment in past auctions. None of the vendors we contacted were interested in purchasing any of these modular furniture pieces. /"~ In March 2002, staff issued a surplus bid to sell used modular furniture (Bid #S02-3355, wherein thirty-nine notices were sent out). No responses were received. Also, there have been modular furniture pieces sold at past auctions and the sale of these pieces has produced minimal income for the county compared to the costs involved with retaining these pieces (see attached auction results, attachment "A"). Recently, further research was conducted by contacting vendors who are in the modular furniture business. They have confirmed the fact that there is no market for used modular furniture pieces (see attached letters, attachment "B-1 thru B-3"). Due to companies downsizing, there has been a massive flow of used office furniture into the market This has caused the supply of used office furniture to greatly outnumber the demand and the price has reflected this. The resale market for used modular furniture is almost nonexistent. Additionally, based on the complexity of the design of modular furniture, it takes some expertise to assemble the furniture once it has been taken apart. Additional parts and pieces may be needed which are only available through dealers, and with the changing styles, it would be very difficult to match up parts and colors to reassemble a used system. Most dealers find it too labor intensive to make it worthwhile. As a result of this research, staff recommends, for this and future renovations, that surplus modular furniture pieces be disposed of at the landfill or the recycling center. This request is made pursuant to Section 274,06, Florida statute, which in part states "Property. the value of which the government unit estimates to be under $5,000. may be disposed of in the most efficient and cost-effective means as determined by the governmental unit. n FISCAL IMPACT: There is no direct fiscal impact to Collier County. GROWTH MANAGEMENT IMPACT: This will not affect the growth management impact. ,- Agenda Item No. 16E12 July 27, 2004 Page 1 of 7 RECOMMENDATION: That the Board of County Commissioners declare certain modular furniture pieces as surplus and authorize county staff to dispose of these modular furniture pieces at the county landfill site or the recycling center. ~- Agenda Item No, 16E 12 July 27, 2004 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16E12 Item Summary Recommendation to declare certain county-owned modular furniture pieces as surplus and authorize staff to property dispose of these items. Meeting Date 7/27/20049:00:00 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 7/15/20049:47 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 7/15/2004 5:01 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/16/200410:05 AM Approved By Robin Johnson ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 7/16/200411:59 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/16/20042:21 PM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 7/19/20044:51 PM Agenda Item No, 16E12 July 27, 2004 Page 3 of 7 ATIACHMENT "A" AUCTION RESULTS Income from modular furniture pieces sold at auction: March 15, 2003 Panels, work surfaces, and misc. parts: More than 75 panels and work surfaces along with miscellaneous parts were sold for $10.00 December 13,2003 Panels, work surfaces, and misc. parts: More than 35 panels and work surfaces along with miscellaneous parts sold for $5.00 March 13, 2004 Panels, work surfaces, and misc. parts: More than 10 panels and work surfaces along with miscellaneous parts were not sold. Agenda Item No. 16E12 July 27,2004 Page 4 of 7 ATTACHMENT "B-1" ~Iarco Office SuW1y & Printing Company II'~~~~ TllIllillllli Tl'lIil Ew-it 'NlIph>s, FL :l.1I l:l Ph01l(' 2;~!)-7i5- iiHa Fa.."\ 2;~!)-77;)-2;-liJ5 July 7, 2004 Ms. Sue Hebbe Collier County Government Purchasing Department 3301 East Tamiami Trail Naples, FL 34112 Dear Ms. Hebbe: In regards to your question concerning the Modular furniture like Herman Miller and Steel case, it is not cost effective to disassemble and store it for resell. The problem with modular furniture is that it takes some expertise to assemble, and once it is taken apart it is impossible to know what components you will need to reassemble, since it is unlikely that the buyer will want the exact set up. Also, additional parts are only available through dealers, and with the many options always being updated and replaced; it would be a nightmare to match up dates, parts and colors to reassemble a used system. For the most part, only a dealer could buy the systems and perhaps resell them. However, most dealers would find it too labor intensive to make it worthwhile. Unless you have a buyer before it is disassembled, I would recommend that you dispose of it. Sincerely, tuf:21)3- President & CEO Agenda Item No. 16E12 July 27, 2004 Page 5 of 7 ~ 002/002 07/01/2004 THU 18:19 FAX . U ~ ~ U'J ~ Z o U ~ ~ ~ ~ ~ ~ ~ E o ATTACHMENT "B-2" Al1l11OlllZED Sl'EELCASE DW.D ~Sll GliDe 2323 Ch;vclIaaMl AYtlIlUll, J"urt J.1~ Plodlla 33901 Part Myers 239.:4:\7.1'.". · Nlll'lM 1.~!I ~9a 980~ 1.888-"7.2323 . f..... 139.3".4910 WloI\OI nJAC'-i"r, C'Q'" July 1. 2004 Mi. SUe Hebbe Collier Counly ParchuUl& Dcpw1mcnt Administrative Service. Diviaion 3301 B. Tamiami 'I'ntil N.}llm;. PI.. 34112 naqr MI. Bebbe 11Wll )'Uu fur the opportUDity to pan.lcipate in the dillCU.'lRinn rfl8l'MinS moduw furniture of AAY brand. Ju you ~y bow. wo &1'0 the au1l.t.urW:x1 St.cc1case Dealer for the ~ , county area. As the Owuc:r md Presfdcm ofOfDce Fumiture and ~ign Cnrw.r.pts, please Allow me to address Eeven1 pointl withzqard 10 modular fwlli1wu National. Slate and LocaIl1.O~l;'iIlIIl~l~ e:nlitica as well ;t~ C'.orponticas purcb:we modu1u fumiture 8uoh lIS Stcclcuc for KYCRl ~ ModulM 1Um1t\.U'C hu a l1fetime wammty R12d will last up to 20 yeua or mono Second. mod~ :furniture ,ill vocy cu)' Lu ~ aDd recont!~ Third, trained iDsraJlen can inventmy "M l'NIinhl;n ~>t.. fbmituro far.. ~ or oorpora1\;; l:WI.i1y. The: t\ImiNre can JtfOW wldl that eDtlty as it emws oc C3D be dowDdzed as tlw c:dity doee tho smnc. Pl~ allow ~ \u wlUmAi the issue ot nuniture resale after tho user deems it 6plll~lJriatc to purebue new fumiture. The lQlI&}o market for used fuoutw1t ~ ~ nunc:ltWtalt lIa'08li lbc nation. S1nee 2000, eornpania have been down:aizin; their waricf'orcc and there baa bcc:n a muaIvo tlow ofused offic:e fumrtutc in the marlrf't. Because of this reuon. aupply baa greatly OUhnnn~ demand auaJ t1a:l pcU.;c: hKI Idlceted tb:la occurrence. I trust thi~ IllItn ftdchessa the CODCern& you aabd me to ~ and if'you have arty 1Urthcr llucsdoDS, please do not hesitate to contact Tnft ~y. Agenda Item No. 16E12 July 27,2004 Page 6 of 7 .. ATTACHMENT "B-3" Collier County has been using systems furniture since 1984. The main reason systems furniture was chosen was because it could be reconfigured and you could add to it if the same manufacturer is used. Collier County has, standardized on two .' . major manufacturers- Steelcase and Herman Miller product. Both manufacturers have a good product. However, the two products are not interchanqable. Each product must use pieces and parts manufactured by that particular man ufacturer. Steelcase and Herman Miller systems furniture is not difficult to dismantle and reassemble. It does require experienced installers that have been trained. The major manufacturers try not to change the systems furniture engineering because they do not want their product to become obsolete. Usually when a new product is introduced to the line of systems furniture It is retrofitable. The averaqe life span of systems furniture will depend on how many times it is reconfiQured and how it is maintained. The IRS allows the private sector to write off their furniture for a period of 7 years. Furniture around Collier County has been utilized in some cases almost 20 years. The furniture as it gets older panel fabrics fadeand tear, steel base plates are dented, paint finishes chip,drawers don't open and close properly. It is at this time when the County should look to start phasing out the old product and replacing it with new. There are some businesses that specialize in buyinq old product and refurbishinQ it. In ~ollier Counties case most of the product that is 10- 20 years old is ~t the point where it doesn't make sense ,to refurbish it but recycle it. It is my reccommendation to allow purchasing to make the decision when to filter out product. that has completed It's life span. Jonathan James Account Development Manager Herman Miller Workplace Resource 6140 Mid Metro Drlve,Unit 4 Fort Myers,FI 33912 7/12/2004 Agenda Item No. 16E12 July 27, 2004 Page 7 of 7 EXECUTIVE SUMMARY Recommendation to approve the Advisory Committees Outstanding Members Service Award Program OBJECTIVE: To initiate a program to recognize outstanding members of Collier County's collective Advisory Committees and to honor, and reward such members for their outstanding and dedicated service to Collier County. CONSIDERATIONS: On June 22,2004, The Board of County Commissioners directed staff to create a program to recognize outstanding service and the many long hours dedicated to the County by our various Advisory Committee members. The proposed program will include two aspects, an Achievement Award and a Service Award. We anticipate the program to begin 30 to 60 days after distribution of information and nomination forms to the Advisory Committees' liaisons. ACHIEVEMENT AWARD: This award program will recognize a Committee Member of the Month and a Committee Member of the Year, utilizing similar criteria, nomination form, and deadlines as the employee recognition program and will be presented during a Board of County Commissioners Meeting along with the Employee of the Month I Year. The Awards Committee (same Committee that currently selects the Employee of the Month) will evaluate and select volunteers from the nomination forms, Sue Filson will attend meetings as a liaison (non-voting) member and subsequently prepare the certificate and executive summary and add to the Board's Agenda for presentation. SERVICE AWARD: This award will recognize the selected Advisory Committees' members based on years of service. They will be recognized during a Board of County Commissioners Meeting and will receive a volunteer pin with the number of years served engraved on the pin. FISCAL IMPACT: Approximately $500 annually to be divided between the Board of County Commissioners and Human Resources cost centers. GROWTH MANAGEMENT IMPACT: There is no growth management associated with this program, RECOMMENDATION: That the Board of County Commissioners approves the Advisory Committees Outstanding Members Service Award Program as presented and directs staff to initiate the Program. 4frd~~~tbEB -JU {~ 2.'1, 2co.{ ~Q.. l of I Executive Summaries in Boards Absence Summer Recess 2004 June 27, 2004-July 13, 2004 Executive Summary Item # 16 (F) 1, 2, 3,4 16. CONSENT AGENDA. F. COUNTY MANAGER 1. Approval of Budget Amendments. 2. Approve a Grant Agreement Between the Florida Department of Community Affairs and Collier County Accepting $202,647 to Fund Homeland Security and Emergency Preparedness Programs and Initiatives, and Approve a Budget Amendment to Recognize and Appropriate Revenue. 3. Approve Agreement #05PC.11..Q9-21..Q1..Q00 Between the State of Florida, Department of Community Affairs and Collier County In the Amount of $8,330 for the Preparation of Hazards Analysis Reports for Thlrty-one (31) Facilities within Collier County and Approve a Budget Amendment to Recognize and Appropriate Revenue. 4. Request for the Board of County Commissioners to terminate a contract for the construction of the South County Regional Water Treatment Plant (Contract 01-3194). -- /- Agenda Item No. 16F1 July 27, 2004 Page 1 of {'4 APPROVAL OF BUOGET AMENDMI':NTS In Board's Absence (BCC Agenda of 7/13/04) Transportation Services (Fund 101) Budget Amendment 04-286 Opcratinl: hllerdepartmenl Payment $6,484 Reserves Reserve for Contingencies (6,484 ) TOlal -0- Explanalion: Funds arc nceded for services provided by Real Property regarding the purchase of lhe Anhrex Building. Real Eslate Services (Fund no I) Budget Amendment 04-353 Operating Appraisal Fees $4,(X>O Reserves Reserve for Contingencies (4,000) Total -0- Explanation: Funds arc needed to secure a market analysis from a professional rcal estate appraiser for the 145-aerc Fleischmann properly thaI also houses Caribbean Gardens. If Ihe referendum passes.. two narrative appraisals will be needed 10 anive at the appraised value for negotiation purposes. Prepared by: Pat Lchnhard Dale: 7.07.04 Page I of I Agenda Item No. 16F1 July 23, 2004 ~!;}~~'bb62 Z. of b ~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16F1 Item Summary Meeting Date Approval of Budget Amendments. 7/13/2004 9:00:00 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 6/24/20049:03 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/8/20048:13 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/8/2004 1 :01 PM Agenda Item No. 16F1 July 2~, 2004 F'B~~~2>oB2 "3 of b4 EXECUTIVE SUMMARY Approve a Grant Agreement between the Florida Department of Community Affairs and Collier County accepting $202,647 to Fund Homeland Security and Emergency Preparedness Programs and Initiatives, and Approve a Budget Amendment to Recognize and Appropriate Revenue OBJECTIVE: Board of Commissioners approval of an Agreement between (he Florida Department of Community Affairs (DCA) and Collier County accepting $202,647 to fund Homeland Security and Emergency Preparedness programs and initiatives. CONSIDERATIONS: The Federal Government has made available to Collier County, through DCA, Homeland Security Funds in the amount of $202.647. Funds arc to be used to develop new and to enhance existing Homeland Security and Emergem;y Prcparedness plans and initiatives. Pcr the At,'Tcement. the funds will be used as follows: Planning for Local & Regional Efforts, $1] 5,744 - to develop specific plans, and to intcgrdte and coordinate existing plans and procedures. Job Bank and/or subject mattcr contractors may be used to accomplish these goals. All Disdpline Training. $34,539 - to provide comprehensive and multi-discipline training to County staff, local cmergency responders, law enforcement and volunteers. Training to indude GIS/Risk Map training. Local Exercises, $22,774 - Analyze & develop a consolidated exercise plan, conduct exercises & drills to include County Staff, local emergency responders, law enforcement, volunteers and other applicablc agencics. EOC Enhancements, $29,590 - Upgrade computerize telephone notifier system and purchase equipment meeting the Office of Domestic Prcparedness guidelincs and standards for the EOC. The equipment purchased will be of a type to facilitate its relocation to the new Emergency Services building. Acceptance of the Al:'Teement will enable Collicr County to meet State and Federal mandates by: a) developing Homeland Security Plans, upgrading existing Emergency Plans and integrating those plans into local, slate and regional plans, b) developing a consolidated training and exerdse program to include all applicable state, local re~'POnse agencies and volunteer organizations, c) provide training oPP0l1unities, exercises and drills, and d) provide needed EOC enhancements. Approval of this A!,'Teement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by thc County Manager is not ratified by that Board, this Agreement shall be cnforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACf: An increase, by budget amcndment, of $202,647 to Fund 118, (Emergency Management Grants) for FY 04. No matching funds are required. GROWTH MANAGEMENT IMPACT: <t'isociated with this Executive Summary. There is no Gmwlh ~~W8~1fdH, lQ1<f.~6F2 July 2~, 2004 Page 4 of Be 4~bq, RECOMMENDATION: That the Board of Commissioncrs approve the Agreemcnt between the Florida Department of Community Affairs and Collier County to fund Homeland Seculity and Emergency Preparcdness Programs I Initiatives. and approvc a budget amendment to recogni7.c ami appropriate revenue. Agenda Item No. 16F2 July :tJ, 2004 Page ~ of 86 5ofb~ Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F2 Approve a Grant Agreement Between the Florida Department of Community Affairs and Collier County Accepting $202,647 to Fund Homeland Security and Emergency Preparedness Programs and Initiatives, and Approve a Budget Amendment to Recognize and Appropriate Revenue. 7f13/2004 9:00:00 AM Prepared By Darcy Waldron County Manager's Office Senior Administrative Assistant 7/2/20042:28:44 PM Emergency Management Approved By Dan E. Summers County Manager's Office Emergency Management Director Emergency Management Date 7/2/20042:43 PM Approved By Marlene J. Foord Administrative Services Grants Coordinator Date Administrative Services Admin. 7/6/2004 11 :42 AM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/6/20044:28 PM Approved By Robin Johnson County Manager's Office Management/Budget Analyst Office of Management & Budget Date 7/6/2004 4:53 PM Approved By Michael Smykowskl County Manager's Office Management & Budget Director Office of Management & Budget Date 7/8/2004 8:41 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/8/20042:42 PM Agenda Item No. 16r2 July 23, 2004 Page 6 of 66 b of tt{ Contract Number: 050S-_-09-21-01- CFDA Number: 97.004 FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida. Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Collier County (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B, WHEREAS, the Department has received these grant funds from the federal government. and has the authority to subgrant these fundS to the Recipient upon the terms and condi1ions hereinafter set forth; and C. WHEREAS. the Department has authority pursuant to Florida law to disburse the funds under this Agreement. ~'~OW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations. including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. ThiS Agreement shall begin July 1, 2004 and shall end September 30. 2005, unless terminated earlier in accordance with the provisions of paragraph (9} of this Agreement. 1 Agenda Item No. 16F2 July :t~, 2004 Page .J of Bi5 1 of. ~4 (4) MODIFICATION OF CONTRACT: REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing. duly signed by each of the parties hereto, and attached to the original of this Agreement. Changes to the amount of funding to be provided may be accomplished by notice from the Department to the Recipient, in the form of certified mail, return receipt requested. The Department may make an award of additional funds by subsequent Award Letter certified mail, return receipt requested, to the Recipient's contact identified in Paragraph (10), below. Should the Recipient determine it does not wish to accept the award of additional funds, then the Recipient shall provide notice to the Department contact within thirty (30) days of receipt of the Award Letter. Otherwise, the Recipient shall provide to the Department its written notice of acceptance within forty-five (45) days of receipt of the Award Letter, The terms of this Agreement shall be conSidered to have been modified to include the additional fundS upon the Department's receipt of the written notice of acceptance and receipt of a budget form which details the proposed expenditure of the additional fundS. The budget form will be provided by the Department when the offer of additional fundS is made. Notwithstanding the foregoing, any budget changes which do not increase the overall cost of the project or change the Scope of Work do not require a written modification to this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs., and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with ~ 215.34(2), Fla. Stat., if a check. or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft. whichever is greater. 2 Agenda Item No. 16F2 July 23, 2004 Page 8 of 8S e of- 64 (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal .Common Rule: Uniform Administrative Requirements for State and local Governments. (53 Federal Register 8034) or OMS Circular No. A-t10, "Grants and Agreements with Institutions of High Education, Hosp'rtals, and Other Nonprofit Organizations," and either OMS Circular No. A-a?, .Cost Principles for State and Local Governments," OMB Circular No. A-L1, .Cost Principles for Educational Institutions: or OMS Circular No, A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 93t.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: " If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. {c} All records, including supporting documentation of all program costs, shall be suffICient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from fundS provided under this Agreement. shall allow access to its records at reasonable times 3 Agenda Item No. 16F2 July 2Z, 2004 Page 8 of 8S q~b~ to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) REPORTS {a} At a minimum, the Recipient shall provide the Department with semi-annual reports, and with a close-out report. (b) Semi-annual reports are due to be received by the Department no later than 30 days after the end of each reporting period of the program year and shall continue to be submitted each period until submission of the administrative close-out report. The ending dates for each period of the program year are June 30 and December 31, (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required reports and copies, prescribed above. are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope Of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks, 4 Agenda Item No. 16F2 July 23, 2004 PB€}~e1 ~ of BS \0 of bq In addition to reviews of audits conducted in accordance with OM8 Circular A-133. as revised (see "AUDIT REQUIREMENTS. below), monitoring procedures may include. but not be limited to, on-site visits by Department staff. limited scope audits as defined by OM8 Circular A-133, as revised, andior other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Contractor throughout the contract term to ensure timely completion of all tasks. (8) LIABILITY, (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement. and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. {b) Any Recipient who is a state agency or subdivision. as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28, Fla, Stat.. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. i9} DEFAULT: REMEDIES: TERMINATION. (a) If the necessary funds are not available to fund this agreement as a result of action by Congress, the state Legislature. the Office of the Comptroller or the Office of Management and 5 Agenda Item No. 16F2 July 23, 2004 pe~€Jel8 of BB 1\ o{ Hi Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may. at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail 10 keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its Obligations thereunder; 2. If any material adverse change shall occur in the finanCial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. 5. If the Recipient fails to comply with the requirements of statutory Objectives of Federal laws or regulations. {b} Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30} calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise anyone or more of the following remedies, either concurrently or consecutively, and the pursuit of anyone of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30, days prior written notice of such termination. The notice shall be effective when placed in the United 6 Agenda Item No. 16F2 July 2:3, 2004 F@~€Jel9 of 66 \2cf (,4 States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, ad\lising the Recipient to suspend, discontinue or refrain from incurring costs for any acti\lities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject 10 disclosure under Chapter 119, Fla, Stat., as amended, (d) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program, (e} The Department may terminate this Agreement at any time if the Recipient refuses to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days prior written notice of its intent to terminate pursuant to this provision and shall provide the Recipient an opportunity to consult with the Department regarding the reason(s) for termination. if) The Department may terminate this Agreement for its convenience by providing the Recipient with thirty (30) calendar days prior written notice, 7 Agenda Item No. 16F2 July 22, 2004 Page 1B of A~ 13 rJ. ~ (g} The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (1) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined, (10) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The Department designates Paula Churchwell, Division of Emergency Management, as the Departmenrs Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to her at: Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850/413-9942 Fax: 850/488-7842 Email: Paula.Churchwell@dca.state.f1.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Dan E, Summers, CEM Director, Emergency Management 3301 East Tamiami Trail Naples, FL Telephone: 239/774-8444 Fax: 239/775-5008 Email: dansummers@colliergov.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10)(a) above. 8 Agenda Item No. 16F2 July 2~, 2004 Page 14 of as 14 of b~ (11) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement. and such information, representations, and materials are incorporated by reference. The lack of accuracy thereot or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public law t 01-336, 42 U.S.C. Section 12t 01 ili.eQ..), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract 9 Agenda Item No. 16F2 July 2J, 2004 Page 1S of B~ IS of. b4 to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity. may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. (g} With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred. suspended, proposed for debarment, declared ineligible. or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted 01 or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining. attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement. theft. forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3, are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11 (g)2. of this certifICation; and 4. have not within a five-year period preceding this Agreement had one or more publiC transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certifICation. such Recipient shall attach an explanation to this Agreement. (12) AUDIT REQUIREMENTS, (a} The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. 10 Agenda Item No. 16F2 July 2~, 2004 Page 16 of 6S ({, ot ~ll (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p,m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMS Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised, EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guklelines established by OMS Circular A-133, as revised, An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMS Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-133, as revised. is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions 01 OMS Circular A-133, as revised. the cost of the audit must be pakl from non-Federal resources (Le., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e} Copies of reporting packages for audits conducted in accordance wi1h OMS Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d). OMS Circular A-133, as revised, by or on behalf of the Recipient direc.a~~nl3J~~t~rW"'8~IO-rn~ 11 July 23,2004 Page 11 of 8S n f1f bL{ The Department of Community Affairs at each of the following addresses: Department of Community Affairs OffICe of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs (program office) 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Aud'lt Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133. as revised, should be submitted to the Fooeral Audit Clearinghouse). at the following address: Federal Audit Clearinghouse Bureau of the Census 1 201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A- t 33, as revised. the recipient shall submit a copy of the reporting package described in Section ,320 (c), OMS Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs OffICe of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs (Refer to Attachment A - Scope of Work) 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133. Florida Statutes, and Chapters 10.550 {local governmental entities} or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 12 Agenda Item No. 16F2 July 23, 2004 Page 16 of 56 \e of bt1 (h} Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. (j) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department cf all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. \k) The Recipient shall retain all financial records, supporting documents, statistiCal records, and any other documents pertinent to this Agreement for a period of five years after the date of submission of the final expenditures report. However, if li1igation or an audit has been initiated prior 10 the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. (I) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (t3) SUBCONTRACTS. (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the sUbcontra~d~cg8~ t~~AA~g~t~fe2 13 July 72, 2004 Page 18 of 855 t q of- b<.l is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement. to the extent allowed and required by law. (14) TERMS AND CONDITIONS, The Agreement contains all the terms and conditions agreed upon by the parties. (t 5) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto. the lal19uage of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Copyrights, Patents and Trademark Attachment 0 - Assurances Attachment E - Advance Justification Attachment F - Warranties and Representations (16) FUNDING/CONSIDERA TION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimburSed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $202,647 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to s, 216.181 (16), Florida Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-S?, A-t 10. A-122 and the Cash Management Improvement Act of 1990, If an advance payment is requested. the budget data on which the request is based and a justiflca1ion statement Shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. xx NO advance payment is requested. 2. An advance payment of $ is reClJi.gs~~dda Item No. 16F2 July 2J, 2004 Page 2~ of BS 20 ~ bl{ 14 (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed, The Recipient agrees to expend funds in accordance with the Budget and Scope of Work. Attachment A of this Agreement. (t7) STANDARD CONDITIONS, The Recipient agrees to be bound by the following standard conditions: {a} The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period that may not exceed two (2) years or for a period no longer than the term of the original agreement. whichever period is longer, specifying the terms under which the cost may change as determined in the pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudn and postaudit thereof. (d) If otherwise allowed under this Agreement. all bills for any travel expenses shall be submit1ed in accordance with Section 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount, (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers. constituting a violation of the employment provisions contained in 8 U,S,C. Section 1324a(e) [Section 274A{e} of the Immigration and Nationality Act (AINA@)J. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA, Such violation by the Recipient of the employment provisions 15 Agenda Item No. 16F2 July 2Z, 2004- Page 25 of BiS Z l '* 6~ contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) LOBBYING PROHIB1TION. (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by 1he Florida Legislature or any state agency. (b} The Recipient certifies, by its signature to this Agreement. that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid. by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of any agency. a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract. the making of any Federal grant. the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submi1 Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be inCluded in the award documents for all subawards at all tiers (including subcontracts. subgrants. and contracts under grants. loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. ThiS certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31. U.S. Code. Any person who fails to file 16 Agenda Item No. 16F2 July 22, 2004 Page 29 of 8S 22 ~ b\t the required certification shall be subject to a civil penally of not less than $10,000 and not more than $100,000 for each such failure, (19) COPYRIGHT. PATENT AND TRADEMARK If applicable to this Agreement. refer to Attachment C for terms and conditions relating to copyrights, patents and trademarks, (20) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable. 'Its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (21) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment D, (22) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla, Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goodS and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rale as established pursuant to Section 55,03(1} Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850} 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (23) DEBARMENT. SUSPENSION. AND OTHER RESPONEIBILlTY MATTERS {DIRECT RECIPIENn AS required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 (a} The applicant certifies that it and its principals: 17 Agenda Item No. 16F2 July 2J, 2004 Page 2B of as 23 of. 6~ (1l Are not presently debarred suspended, jlI'aposed for debarmenl declared ineflgible. sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this application been convicted of or had a eMI judgment rendered against them for commission at fraud or a Cl'tminal offense in connection with obtaining. allempting to obtall. or peffomling a pubfiC (Federal, Stale, or local) transaction or contract under a public transaction: violation of federal or Stale antitrust slaMes or commission of embezzlemenllheft. forgery, bribe('{, falsi1ication or destruction of records. mal<ing false statements, Of re<:eiving slolen property; (3) Are not presently indlc.ted for or otherwise criminally or civilly charged by a government entiy, (Fedei'aI, State. or local) with commission of any of the offenses enumerated in paragraph (1)(bl of this certification; (4) HlI\'e not within a three.yel!l' period preceding tills application had one or more public transactions (Federal, State, or local) termnaled (01' cause or default. and (b} INhere the applicant is unable to rertlfy lo any of the statements in this certlflCation. he or she shan attach an explanation to this application. IN WITNESS WHEREOF. the parties hereto have caused this contract to be executed by lheir undersigned officials as duly authorized By: Donna Fiala. Chairman STATE OF FLORIDA, DEPARTMENT COMMUlNlTY AFFAIRS By: Recipient:: COlLIER COUNTY BOARD OF COUNTY COMMISSIONERS Name & Tide: Date: Date: ATTEST: Dwight E, Brock. Clerk By: Deputy Clerk SAMAS I 52-202510060-52600000-00-03000ooo FID , 59-60000558 Approved as to Fonn and Legal Sufficiency: ~~(~;e~i-~ AsSIstant CollOty ~ey 18 Agenda Item No. 16F2 July :r:a, 2004 Page 24 of Bfa. 24 or- b4 EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recIpient represent more than one Federal program, provide the same informatIon shown below for each Federal program and ShOw total Federal resources awarded. Federal Program {list Federal agency, Catalog of Federal Domestic Assistance title and number}- Federal Department of Homeland Security - Office of Domestic Preparedness 97.004 - ODP 2004, Part 1 $202,647 COMPLIANCE REQUIREMENTS APPLICABLE TOTHE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compJlance requirements for each Federal program In the same manner as shown below. Federal Program: List applicable compliance requirements as foJ/ows: For the purposes of this Agreement, planning, training, equipment, and EOC enhancements will be developed in accordance with the Homeland Security Strategy Grant Program (HSGP) STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: SUBJECT TO SECTION 215.91. FLORIDA STATUTES: NfA NOTE: If the resources awarded to the recioient reoresent more than one State oroiect. Drov/de the same information shown below for each State "rolect and show total state financial assistance awarded that Is subject to Section 215.97. Florida Statutes. State Protect (list State awarding agency, Catalog of State Financial Assistance tftle and number)- $ (amount) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: List applicable compliance requirements In the same manner as illustrated above for Federal resources. For matching resources provided by the Department of AABC@ for Federal programs, the requirements might be similar to the requirements for the applicable Federal programs. Also, to the extent that different requirements pertain to different amounts of the non-Federal resources, there may be more than one grouping (f.e., 1,2,3, etc.) listed under this category. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Aorida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 19 Agenda Item No. 16F2 July 22, 2004 Page 2~ of B~ 25 fib/.{ ATTACHMENT A Budget and Scope of Work Proposed Budget The Recipient is required to provide budget detail worksheets to account for the full allocation of these funds, As outlined in the proposed budget detail worksheet below and the attached scope of work, the funds are to be used for: Proposed Budget Detail Worksheet Eligible Activity Category Budget Amount (See Section I. Eligible Activities Actual Cost for Each Category) 769, Admin Expenses 7. EOC Enhancements EOC Assessment 28,821. Purchase of Equipment based on the EOC Assessment 9 Total Available $29,590 Subtotal 77,550, Contracted or OPS Employee 6. Local Planning 20,000, Printinq/Supplies 15,185. Travel / Trainina 3,009, Admin, Expenses I . Total Available $115,744 Subtotal 1,184, Supplies 590, Admin Expenses I 57. Local Exercises 9,500. Contractual Servo Analysis & Dev I I Exercise Plan I 2,500. Travel I 9,000, Backfill I equipment 9 Total Available $22,774 Subtotal 7,500, Trainina BackfilV Contractual Servo 898, Admin Expenses 8. All Discipline Training 14,000. GIS/Risk Map Training 4,000. CERT Kits I Suoolies 1,500. Temporary Clerical 6,641, Travel/Training .. Total Available $34,539 Subtotal $202,647, Total of Categories AdmInistrative Expenses (Not to exceed 2.6% of total budget) * 5,266. Computer & Software Total Administrative Expenses Project Total Cost (Total Categories + Total Adminis1rative Expenses) $ · Up to 2.6% of the total funding available for each category may be utilized for administrative purposes. Should Recipient choose not to retain funds for this purpose, those funds may be applied to the project categories as shown. 20 Agenda Item No. 16F2 July ~3, 2004 Page 28 of 861 2(:, o~ bt.{ Scope of Work Funding is provided to perform eligible activities as identified in the Office for Domestic Preparedness (OOP) Fiscal Year 2004/2005 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Homeland Strategy. Eligible activities are outlined in the Scope of Work for each category below. L Categories 7. EMERGENCY OPERATIONS CENTER IEOC' ENHANCEMENTS 1. Etiaible Activities a. Projects to be accomplished with funds provided during the contract period may include. but are not limited to the following: 1) EOC Assessment using the Homeland Security Comprehensive Assessment Model (HLS CAM) 2) Assess the EOC for Security and Operational deficiencies 3) This assessment is to be performed by trained representatives from the Regional Domestic Security Task Force (ROSTF) b. Purchase Equipment based on the EOC Assessment 1) For a detailed list of OOP approved physical security equipment, visit http://floridadisaster,org/O EM Drag ram s. htm 2) Allowable equipment purchase include, but are not limited to. the following: a) Call Notification Systems b) EOC Software c) Physical Security Equipment d) Video Conferencing Capabilities compatible with the Homeland Security system e) Video Downlink Receivers 3) Items purchased must be consistent with State guidance, 2. ReDort Protect Items a, Completed EOC Assessment b, List of equipment purchased including the cost of each item 3. EOC Enhancements Proarammatic Point ot Contact Specific programmatic quesHons pertaining to the EOC Enhancements portion of this contract should be addressed to: Chuck Hagan 850-410-t263 Charles. hag an (a)dca. state. fl, u S 21 Agenda Item No. 16F2 July 2Z, 2004 Page 21 of Bil 21 o~ ~ 6. LOCAL PLANNING 1. Eligible Activities Projects to be accomplished with funds provided during the contract period may include, but are not limited to the following: a. Continuitlf of Operations (COOP) Plannin9 Expand the Scope of an existing COOP utilizing the County COOP crosswalk (this document is available for download at http://floridadisaster,org/DEMprograms.htm), for example: 1) Information Technology, Agencies/Jurisdictions Identified within local CEMP 2) Integration of Plans a) National Response Plan (NRP) b) National Incident Management Plan (NIMS) .The adoption of NIMS is required by September 30. 2005. per the most current Department of Homeland Security Guidance. 3) Protocols, Procedures to Implement COOP If the County elects to provide funding from this agreement to other jurisdictions. the County is responsible for reviewil19 and approving these jurisdictions' COOP(s) using the criteria in the County COOP crosswalk. b, Terrorism Incident Response Annex Expand the Scope of existing County Terrorism Incident Response Annexes using the criteria in the Terrorism Annex crosswalk (this document is available for download at http://floridadisaster.orQ/DEMprograms.htm), for example: ~) National Incident Management System (NIMS) 'The adoption of NlMS is required by September 30, 2005, per the most current Department of Homeland Security Guidance, 2) National Response Plan (NRP) 3) Integration of Documents (Local Standard Operating Procedures and/or Standard Operating Guidelines integrated, updated) C. Int9(Jration of local Plans and Standard Operating Guidelines to Support Regional Plan nino 1) Integrate local domestic security capabilities and enhancements into the Regional Domestic Security Task Force (RDSTF) Planning Process and Mutual Aid 2) Consistent with RDSTF Template d. County Comprehensive Emeroency Management Plan (CEMP) Enhance County CEMP to reflect the following, while utilizing the CEMP crosswalk (this document is available for download at http://floridadisaster,oro/DEMprograms,htm): 1) Homeland Security Assumptions and Updates (NIMS, NRP, State CEMP) 2) Integration with Municipal. Regional and State Domestic Security Procedures 3) Reflect the Enhancement of Local/Regional Capabilities (Equipment. Training, Domestic Security Teams, and Exercises) 22 Agenda Item No. 16F2 July 23, 2004 Page 28 of BS 2.9 c~ btt e. Conduct Vulnerability Assessments 1) Utilizing the Homeland Security Comprehensive Assessment Model (HLS CAM), identify critical infrastructure protection projects 2) Identify Capabilities/Shortfalls/Capacity in coordination with the RDSTF f. Additional Eli~ible Costs 1) Hiring of full or part-time staff or contractors/consultants to assist with any of the above activities (not for the purpose of hiring publiC safety personnel) 2) Conferences to facilitate activities listed above 3) Materials required to conduct activities listed above 4) Travel/per diem related to above activities 2. ReDon Proiect Items Draft plans must be submitted no later than close of business June 30, 2005 for the Division of Emergency Management's review and approval (a draft is not necessary for vulnerability assessments). For the CEMP, COOP plans and Terrorism Annexes, a completed crosswalk must be submitted with drafts and final documents. a. Continuity of Ooerations (COOP} Planning 1) Copy of sub-contract, if applicable 2) If the County has contracted with a Municipality, provide a copy of an approval letter for the Municipality COOP plan(s) 3) Final Continuity of Operations Plan submitted with completed crosswalk b. Terrorism Incident Response Annex Final Terrorism Incident Response Annex submitted with a completed crosswalk c. County Comprehensive EmenJency Management Plan rCEMP) 1) Submit a completed crosswalk 2) Provide DEM with the CEMP's updated sections d. Vulnerability Assessments 1) List of completed assessment 2) Copy of vulnerability report 3. Plannina Proarammatlc Point of Contact Specific programmatic questions pertaining to the Planning portion of this contract should be addressed to: Scott Netson 850-413-9896 Scott .oelso n@.ldca.state.fl.us 23 Agenda Item No. 16F2 July :tJ, 2004 Page 28 of as 29 &- b4 57. LOCAL AND REGIONAL EXERCISES 1. Eligible Activities a. Exercises conducted with ODP grant funds must be managed and executed in accordance with ODP's Homeland Security Exercise and Evaluation Program (HSEEP). These manuals are located online at http://www.ojp,usdoj.gov/odp/docs/hseep.htm and at http://floridadisaster.or(JfD EM prog ram s, h tm. b. Projects to be accomplished with fundS provided during the contract period may include. but are not limited to the following: 1) Tyoes of Exercises a) Tabletop Exercises (Multi-Disciplinary) b) Functional Exercises {Multi-Disciplinary) c) Full Field Exercises (Multi-Disciplinary) $ Exercise Continuity of Operations (COOP) plan(s) $ Exercise the National Incident Management System (NIMS) plan s Executive Level Exercises $ Exercise the Integrated Communication and Information Technology s Exercise Terrorism Incident Response Annex 2) Additional Eligible Costs a) Implementation of the HSEEP b) Hiring of full or part-time staff or contractorsfconsultants to assist with any of the above activities (not for the purpose of hiring public safety personnel). c) Conferences to facilitate activities listed above d) Supplies/Materials required to conduct activities listed above e) Travel/per diem related to above activities f) OvertimelBackfill Costs g) Other Items - Rental of SpacelLocations for exercise planning. exercise signs. badges, etc. 2. RaDon Protect Items a. Provide a copy of the sub-contract. if appliCable, b. Prior to the exercise. provide OEM with exercise plans, c. Completed Roster d. Atter Action Reports must be provided to OEM within 30 days following the completion of each exercise conducted. 3. Exercise Proarammatlc Point of Contact Specific programmatic questions pertaining to the ExerCise portion of this contract should be addressed to: Connie Nunn 850-413-9877 C onnie,nunn(ci)dcastate. II. us 24 Agenda Item No. 16F2 July 23, 2004 Page 2~ of BS 30 0-(2 b4 8. ALL DISCIPLINE TRAINING ,. EUaible Activities Training to be accomplished with funds provided during the contract period may include. but are not limited to the following: a. Disciplines Selected for Training 1) Law Enforcement 2) Fire/Rescue 3) Emergency Medical Services (EMS) 4) Emergency Managemen1 (EM) 5) Public Safety Communications (911) 6) Private Sector 7) Public Works (Note: Training for specialized teams and health/hospitals is being funded from 01her sources, ) b, Types of Training All non-OOP 1raining courses mus1 receive prior approval1hrough the State Administrative Agency (Division of Emergency Management) who will seek concurrence trom the Department of Homeland Security, A complete listing of ODP approved courses is located online at http://www.oio,usdoj.gov/odD/dOcs/coursecatalog,pdf. For more information on training, visit http:/tfloridadisaster.orgIDEMprograms.htm. 1) Positional and Advanced Incident Command System (ICS) 2) Na1ionallncident Management System (NIMS) 3) Field Operations Guide (FOG) 4) Train-lhe- Trainer 5) Mutual Aid/Deployment 6) All OOP or other Federally Approved Courses 7) Protect Critical Infrastructure Initiative (PCII) 8) Regional DomestiC Security Task Force (RDSTF) Response Procedures 9) Homeland Security Community Assessment Model (HLS CAM) 10) Homeland Security Exercise and Evaluation Program (HSEEP) 11) Continuity of Operations (COOP) c. Additional Eligible Training Costs 1) Travel/Per Diem 2) Training Materials/Supplies 3) Instructor Fees 4) Rental of Space/Locations 5) Overtime/Backfill 2. ReDort Protect Items a. Copy of Agenda b. Provide the number of students trained. per component; the course name and level c. Course curriculum, if course is not a federally approved course 25 Agenda Item No. 16F2 July 2~, 2004 Page :as of 665 3( of. fif _. 3. Training Proarammatlc Point of Contact Specific programmatic questions pertaining to the Training portion of this contract should be addressed to: Bill Arestone 850-413-0260 William. firestone@)dcastate.1I,us II. Unauthorized EXDenditures Unauthorized program expenditures are applicable to each selected activity (-ies) and inClude: A. Expenditures for items such as general-use software (word processing, spreadsheet, graphics, etc,) B. General-use computers and related equipment C. General-use vehicles 0, Licensing fees E. Weapons systems and ammunition F. Activities unrelated to the completion and implementation of the State Homeland Security Program (SHSP) G. Construction or renovation of facilities H. Recurring Costs III. ReDortina Reaulrements Reporting requirements are applicable to each selected activity (-ies) A. Programmatic Reporting: The Financial History Report/Status Report is due within 30 days after the end of the reporting periods (June 30 and December 31) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be withheld until the County's reporting is current. The Close-out Report is due to FDEM no later than 60 days after the contract is either completed or expired, 1, Reoorting Schedule Reporting Period Report due to OEM no later than January 1 through June 30 July 31 July through December 31 January 31 2. Financial History Report/Status Report may be mailed to: Ms. Paula Churchwell, Program Manager Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 B. Report Project Items - As applicable to selected activity (-ies) 26 Agenda Item No. 16F2 July 2~, 2004 Page 29 of BS 32 0+ b4' 1) 53 Federal Register 8034 ATTACHMENT B Program Statutes and Regulations 2) Federal Acquisition Regulations 31.2 and 031.2 3) Section 1352, Title 31, US Code 27 Agenda Item No. 16F2 July 2~, 2004 Page 36 of as 33~~ ATTACHMENT C CQpyright, Patent and Trademark (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright. the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement. or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida, In the event that any boOkS, manuals. films, or other copyrightable material are produced. the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed, Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. 28 Agenda Item No. 16F2 July 2J, 2004 Page 34 of ara 34 o,p. bY ATTACHMENT D Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies. guidelines and requirements. including OMS Circulars No, A-21, A-l1Q, A-122, A-128. A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66. Common rule, that govern the application. acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L 91-646) which provides for fair and equitable treatment of persons displaced as a resul1 of Federal and federally-assisted programs. 2, 11 will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants, (5 USC 1501, et seq.) 3, It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4, It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties, 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative. access to and the right to examine all records, books, papers, or documents related to the grant. 6. 11 will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7, It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of me project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. B, It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, PubliC Law 93-234,87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment. rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance, 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation OffiCer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register 01 Historic Places that are subject to adverse effects (see 36 CFR Part 800,8) by the activi1y, and notilying the Federal grantor agency 01 the existence 01 any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. to. It will comply, and assure the compiiance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act 01 1968Ag~~~rfi~dml~0. 16F2 29 July 22, 2004 Page 32 of BiS 35 f).f- (}( Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations. 11, It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and PrOCeCures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act {ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights. Office of Justice Programs, 14, It will provide an Equal Employment Opportunity Program IT required to maintain one, where the application is tor $500,000 or more. 15, It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug- Free Workplace Act of 1988. and implemented at 28 CFR Part 67. Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 30 Agenda Item No. 16F2 July 23, 2004 Page 38 of 8S 36 ~ ~~ ATTACHMENT E Advance Justification 31 Agenda Item No. 16F2 July 2~, 2004 Page 3-1 of aB 3'1 tf b~ ATTACHMENT F Warranties And Representations Anancial Management Recipient's financial management system shalt provide for the following: (1) Accurate, current and complete disclosure of the financial results of this federally-sponsored project or program in accordance with the reportirlg requirements set forth in Section _.52 of OMC Circular A-110. (2) Records that identify adequately the source and application of funds for all federally- sponsored activities. These records shall contain information pertaining to Federal awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of outlays with budget amounts for each award. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to minimize the time elapsing between the transfer of funds to the Recipient from the U.S. Treasury and the issuance or redemption of checks. warrants or payments by other means for program purposes by the Recipient. To the extent that the provisions of the Cash Management Improvement Act (CMfA) (Pub. L. 101-453) govern, payment methods shall be consistent with CMIA Treasury-State Agreements or the CMIA default procedures codified at 31 CFR part 205, "Withdrawal of Cash from the Treasury for Advances under Federal Grant and Other Programs." (6) Writ1en procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable Federal cost principles and the terms and conditions of the award. (7) Accounting records, including cost accounting records that are supported by source documentation. Comoetition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to organizational conflicts at interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. 1:1 order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes Of Conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which emplOYS or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers. employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subagreements. However, Recipients may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide for di~sle:!!1.w.Y jictionNto b~F applied for violations of such standards by officers, employees. or agents of th~~l.lem o. 1 2 32 July 23,2004 Page 38 of BS 38 of. 64 Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from at least 9:00 am to 5:00 pm, Monday through Friday. Ucenslng and Permitting All subContractors or employeeS hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 33 Agenda Item No. 16F2 July 23. 2004 Page 38 of B~ 31 of- ~4 EXECUTIVE SUMMARY Approve Agreement #05PC-11-Q9-21-01-QOO Between the State of Florida, Department of Community Affairs and Collier County in the Amount of $8,330 for the Preparation of Hazards Analysis Reports for Thirty-one (31) Facilities within Collier County and Approve a Budget Amendment to Recognize and Appropriate Revenue OBJECfIVE: Board of County Commissioners approval of Agreement #05CP-] ] -09- 2 J -01-000 between the Rodda Depal1ment of Community Affairs (DCA) and Collier County accepting $8,330 for the preparation of hazards analysis reports on thirty-one (31) Extremely Hazardous Substam;es (EHS) sites within Collier County. CONSIDERATIONS: The Florida Department of Community Affairs, (DCA) requires that 50% of the Exlremely Hazardous Substan<.:es (EHS) sites within Collier County be visited and reported on each year. The Conservation and Coastal Management Element of the County Growth Management Plan requires that ha7.ards analysis site visits be made to all sites biennially. Acceptance of the Agreement will allow Collier County to comply with both the DCA and Collier Growth Management Plan requirements. Under the terms of the Agreement, 50% of thc EHS sites in the County will be visited and reported on by February I. 2005. l1)e Agreement was received by the Emergency Management Department on June 28. 2004 just days prior to the July I, 2004 contract start date. However, Emergency Management staff docs not anticipate problems meeting the first deliverable date of August 15. 2004. and is recommending that the County accept the Agreement as written. Approval of this Agreement by the County Manager is subject to formal ratification by the Board of County Commissioners. (f the decision by the County Manager is not ratified by that Board. this Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratilication by that Board. FISCAL IMPACT: An increase by budget amendment of $8,330 to Fund 118 (Emergency Management Grants) for FY 04. No matching funds arc required. GROWTH MANAGEMENT rMPACf: The review and updating of hazards analysis is required by the Conservation and Coastal Management Element of the County Growth \1anagement Plan, Objective #9.1. Policy 9.1.7. Agenda Item No. 16F3 July 22, 2004 Pe~~EJ1.(J of ra-l '10 rJ. b4 RECOMMENDATION~ That the Board of County Commissioners approve Agreement #05CP-II-09-21-01-000 between the Rorida Department of Community Affairs and Collier County in the amount of $8330 for the preparation of hazards analysis reports for 31 facilities within Collier County, and approve a budget amendment to recognize and appropriate revenue. Agenda Item No. 16F3 July :t~, 2004 ~~~Ert2 of El.J 4( ot- ~t( Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F3 Approve Agreement #05PC-11-09-21-01-000 Between the State of Florida, Department of Community Affairs and Collier County in the Amount of $8,330 for the Preparation of Hazards Analysis Reports for Thirty-one (31) Facilities within Collier County and Approve a Budget Amendment to Recognize and Appropriate Revenue. 7/13120049:00:00 AM Prepared By Darcy Waldron County Manager's Office Senior Administrative Assistant 7/2/2004 1 :55:11 PM Approved By Emergency Management Dan E. Summers County Manager's Office Emergency Management Director Date Emergency Management 7/2/20042:39 PM Approved By Marlene J. Foord Administrative Services Grants Coordinator Date Administrative Services Admin. 7/6/2004 11 :43 AM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/6/2004 4:20 PM Approved By Robin Johnson County Manager's Office Management/Budget Analyst Office of Management & Budget Date 7m2004 8:50 AM Approved By Michael Smykowskl County Manager's Office Management & Budget Director Office of Management & Budget Date 7/8/2004 8:43 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office Agenda I~ :HUfIM July 23, 2004 H:!~~91~ ot iS4 L(z ~ {Jt Contract Number: 05CP-11-09-21-01-Q00 CSFA Number: 52.023 STATE-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State ot Florida. Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department-), and Collier County, (hereinafter referred to as the "Recipient-). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these funds from the State of Rorida. and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Compensation and Financial Reporting Requirements, Attachment A of this Agreement, and the Scope of Work and Schedule of Payments, Attachment 8 of this Agreement. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws. rules and regulations. (3) PERIOD OF AGREEMENT. This Agreement shall begin July 1, 2004 and shall end June 30, 2005 unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT: REPAYMENTS. Either party may request modifICation of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affaks", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard fallahassee FL 32399-2100 Agenda Item No. 16F3 July :t~, 2004 ~~~EJ1.3 of E1.J ~S of- b4 In accordance with ~ 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee 01 Fif1een Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (5) RECORDKEEPING. (a) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued. unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (b) All records. including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Wor!< and Schedule of Payments - Attachment B - and all other applicable laws and regulations. (c) The Recipient. its employees or agents. including all subcontractors or consultants to be paid from funds provided under this Agreement. shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) REPORTS. (a) If all required reports and copies are not sent to the Department or are not completed in a manner acceptable to the Department. the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. -Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Compensation and Financial Reporting Requirements (Attachment A) and the Scope of Wor!< and Schedule of Payments (Attachment B). (b) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (7) MONITORING. - The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met and Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachments A and B to this Agreement. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. 2 Agenda Item No. 16F3 July 23, 2004 PB@~EJ1.6 of 8,J y~ ~ b~' In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Florida Statutes (see "AUDIT REQUIREMENTSK below), monitoring procedures may include, but not be limited to, on-srte visits by Department staif, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Contractor throughout the contract term to ensure timely completion of all tasks. (8) UABILlTY. (a) Unless Recipient is a State agency or subdivision, the Recipient shall be sOlely responsible to parties with whom it shall deat in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortuous acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT: REMEDIES: TERMINATION. {a) If the necessary funds are not available to fund this Agreement as a result of action by Congress. the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("'Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments atter the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect. or if the Roopient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under Attachment A (Compensation and Financial Reporting Requirements) and Attachment B (Scope of Work and Schedule ot Payments) attached hereto. 3 Agenda Item No. 16F3 July 2~, 2004 F@@~916 of 8-1. ~5 o-f ~ (b) Upon the happening of an Event of Default, then the Department may, at i1s option. upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise anyone or more of the following remedies, either concurrently or consecutively, and the pursuit of anyone of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice oi such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid. by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the exte nt of non- compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules. laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document. paper,letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (e) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (f) The Department may terminate this Agreement at any time if the Recipient refuses to fulfill any of its obligations under this Agreement. Prior to termination, the department shall provide thirty (30) calendar days prior written notice of its intent to terminate pursuant to this provision and shall provide the Recipient an opportunity to consult with the Department regarding the reason(s) for termination. (g) The Department may terminate this Agreement for its convenience by providing the Recipient with thirty (30) calendar days prior written notice. (h) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. 4 Agenda Item No. 16F3 July 23, 2004 P5~~el-~ of i3i LJb or. ~y (10) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the Recipient's contact person. The Recipient is required to provide the name of a contact person and contact information as provided for in Attachment 8, Section 1 (Scope of Work), Task 1. (b) In the event that a different contact person. address or telephone number is designated by the Recipient after execution of this Agreement, notice to the Department is required within 30 days and shall include the new contact's name, address, telephone number and E-mail address. The representative of the Department responsible for administration of this agreement is: Mr. Timothy Date Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 410-1272 Fax: (850) 488-1739 Email: tim.date@dca.state.fl.us (11) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request. or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient. cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State 01 Florida. and venue for any actions arising out 01 this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable. but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the RecIpient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone 01 which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 ~), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment. public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or aHiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to proVide any goods or services to a public entity. may not submit a bid on a contract with a public entity Agenda Item No. 16F3 July :t2, 2004 P6~~a+8 of 8-1 4rt of- (j{ 5 for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perfonn work as a contractor, supplier. subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the oonvicted vendor list or on the discriminatory vendor list. (12) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to acoount for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "ReasonableM shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a non-state entity as defined by Section 215.97, Fla. Stat., and in the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall oonsider all sources of State financial assistance, including State funds received from the Department, other state agencies, and other non-state entIties. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. In oonnection with the audit requirements addressed in paragraph 12(d) above, the Recipient shall ensure that the audit complies WIth the requirements of ~215.97(7). Fla. Stat. This includes submission of a reporting package as defined by ~215.97(2)(d). Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Recipient expends less than $300.000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of ~215.97, Ra. Stat, is not required. In the event that the Recipient expends less than $300.000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of ~215.97, Fla. Stat, the cost of the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 12 shall be submitted by or on behalf of the Recipient directl" to each of the following: Agenda Item No. 16F3 July 22, 2004 Fl!~UJ918 of 8J . , 48&lA 6 The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Rorida 32399-2100 And Department of Community Affairs Division of Emergency Management Bureau of Compliance Planning and Support 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submItted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (I) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department. or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued. unless extended in writing by the Department. (g) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement., the Recipient shall be held liable for reimbursement to the Department 01 all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days atter the Department has notified the Recipient of such non-compliance. (h) The Recipient shal retain all financial recotds, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. (i) The Recipient shall have all audits completed in accordance with 9 215.97, Fla. Stat. by an independent certified public accountant (IPA) who shall either be a certifi~g~'f1~ Tf~~m~t f6~3 July 2J, 2004 Page 49 of 8-1 . , L/q ~ 6l{ 7 public accountant licensed under Chapter 473, Ra. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (13) SUBCONTRACTS. (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be rorwarded to the Department within thirty (30) days after execution of the subcontract. The ReCIpient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations. and (ii) the subcontractor shall hold the Department and Recipient hannless against all claims of whatever nature arising out of the subcontractor's performance 01 work under this Agreement. to the extent allowed and required by law. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Compensation and Financial Reporting Requirements Attachment B - Scope of Work and Schedule of Payments Attachment C - County Facilities Listing Attachment D - Financial Invoice Attachment E - Warranties and Representations (16) FUNDING/CONSIDERATION. (a) This is a fixed fee agreement. As consideration for performance of work rendered under this Agreement, the Department agrees to pay a fixed fee of up to $8,330.00. Payment will be made in accordance with the provisions of Attachment A (Compensation and Financial Reporting Requirements). An invoice shall be sLi:>mitted with each deliverable which is in detail sufficient for a proper pre-audit and post-audit thereof. (b) The sole intent of this Agreement is to provide financial assistance to the Recipient to support the conduct of site-specific hazards analyses and hazardous materials emergency management activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous materials preparedness, response. recovery or mitigation activities. Contract funds are not required to be expended within the contract period. Any payments received after termination of the Agreement shall be considered payments for work performed pursuant to the Agreement. (17) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Ronda's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. and subject to any modifICation in accordance With Chapter 216, Ra. Stat. or the Florida Constitution. (b) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Agenda Item No. 16F3 July 2J, 2004 Page S(J of 81 !J)ofiJ( 8 (c) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers. letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (d) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (e) The State of Florida will not Intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation 01 the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A{e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) STATE LOBBYING PROHIBITION. No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (19) COPYRIGHT, PATENT AND TRADEMARK. ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance 01 this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement. the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. 9 Agenda Item No. 16F3 July 2Z, 2004 Page ~2 of 8-1 51 0+ {,4 (20) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal aulhority to receive the funds to be provided undtlr this Agreement and that, if applicable, its governing body has authorized, by resolution or otherw~. the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient al$O certifies that the undersigned possesses the authority to legally execute and bil'ld Recipient to the terms of this Agreement. (21) VENDOR PAYMENTS. Pursuant to Section 215.422. Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable inVOice and receipt. inspection. and acceptance of goods aowar servICes provided in accordance with the terms and conditions of the Agreement Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established ptJrsuant to Section 55.03(1) Fla Stat. The interest penalty shan be paid within 15 days after issu~ng the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller'S Hotline at 1-800-848-3792. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned offICials as duly authom:ed. RECIPIENT: COLUER COUNTY BOARD OF COUNTY COMMISSIONERS 8y Donna Fiala, Chairman Dale: FEID# 59-60000558 ATTEST: Dwight E. Brock, CIeri< 8y ~ m and Legal Sufficiency: ----7 (Deputy Clerk) STATE OF FlORIDA DEPARTMENT OF COMMUNITY AFFAIRS Date Signature W. Craia Fucate. Director, Division of Emercencv Manaaement Typed Name of Signatory and Title to 10 Agenda Item No. 16F3 July 23, 2004 r ~ II lIT 52 0+ be.( EXHIBIT - t ST ATE RESOURCES ^ WARDEll TO TH)': Rf,<..'PIENT PURSUANT TO THIS AGRE"-:MF..NT CONSl~'T OF THE FOLLOWING: SUBJECT TO SECTION 215.97, "'.ORlOA STATUTES: Dcpanmcnl ofCommunily Affairs. Rorida Hazardous Malcrials Planning and Prcvenlion program. Calalog of Slalc Financial Assislance Number 52.023 in the amounl of 58,330.00. COMPLIANCE REQUIREMENTS APPLlCA8LE TO Sf ATE RF.SOURCES AWARDED PURSUANT TO THIS AGREEMENT AREAS "'OLLOWS: I. Emcrgency Planning and CommunilY RighHo-Know ACI (EPCRA), Tille III of \he Superfund Amcndmenls and Rcaulhorizalion ACI of \986.42 U.S.C. s. 11001, el scq. (SARA). 2. Florida Hazardous Malcrials Emergcncy Rcsponse and Communily Righl-lo-Know ACI of 1988, Chaplcr 252. Part \1, Florida Slalules REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 11 Agenda Item No. 16F3 July ~J, 2004 Page ~3 of ell 53 of- bit Attachment A COMPENSATION AND FINANCIAL REPORTING REQUIREMENTS A. Upon execution of this Agreement. the Recipient shall be compensated for tasks completed in accordance with the Scope of Work and Schedule of Payments. which are incorporated in this Agreement as Attachment 8, except as provided herem. B. Of the facilities listed on Attachment C, fifty (50) percent of the completed hazards analyses, shall be received by the Department not (ater than November 1, 2004 and the final fifty (50) percent of the completed hazards analyses shall be received by the Department not later than February 1, 2005 except that later dates may be agreed upon in writing by both parties to this Agreement. Absent any extenuating circumstances, and except as otherwise provided in this Agreement work submitted after February 1, 2005 will not be accepted, reviewed or compensated. The Department will be the sole authority for determining extenuating circumstances and granting extensions to the work submission deadline. C. Each request for payment shall be initiated by the Department upon receipt of an acceptable Rnanciallnvoice (Attachment D) that is supported by a product that meets the requirements 01 this Agreement. The Recipient's authorized official shall sign the Financial Invoice. The Recipient shall submit a Financial Invoice for payment that is commensurate with the percentage of hazards analyses submitted. The payment of the percentages of the fixed fee amount will be made on a performance basis in accordance WIth the percentage of work tasks submitted, except that the linal25 percent will not be released until the final work product is completed, submitted, and determined to be acceptable by the Department. Upon acceptance of the Hazards Analysis by the Department, an accepted copy of the hazards analyses shall be sent to the applicable Local Emergency Planning Committee and notification shall be made to all Section 302 facilities (for which a hazards analysis was conducted) and response agencies that the hazards analysis information is available upon request. D. In the event that the Recipient submits less than lifty (50) percent of the completed hazards analyses on November 1, 2004 or less than the final fifty (50) percent of the completed hazards on February 1, 2005, then the payment due may be reduced by an amount commensurate with the number of omItted hazards analyses and the number of days late, if any. E. If the Department finds that the Recipient is not in compliance with the terms of this Agreement. or is not in compliance with any other grant program administered by the Department. then without waiving its right to terminate this Agreement. the Department may, with written notice. withhold payment until the Recipient is in compliance with and is performing satisfactorily under this Agreement or the applicable requirement of any other grant program administered by the Department. The notice will be sent by Certified Mall, with return receipt requested. to the designated contact person. Noncompliance under this section inckJdes, but is not limited to. the Recipient's failure to submit timely, accurate and complete products required under this Agreement. End Attachment A 12 Agenda Item No. 16F3 July 2~, 2004 Page ~5 of 8~ 54 rt bi.{ Attachment B SCOPE OF WORK AND SCHEDULE OF PAYMENTS PURPOSE Submission of completed hazards analyses that comply with the hazardous materials site-specific hazards analysis criteria outlined in this Attachment. The primary guidance document is the ~Technical Guidance for Hazards Analysis." All hazards analyses shall be consistent with the provisions of this document. Any variation from the procedures outlined in this document must be requested in writing by certified mail, return receipt requested and approved by ~he Department. I. SCOPE OF WORK TASK t: Coordination of Activities The following includes, but is not limited to, activities to be performed under this Agreement: A. Submit to the Department by August 15. 2004 the Recipienrs contact person's name, address, telephone number, E-mail address and the name of the software utilized to develop the hazards analyses. 8. Submit to the Department by August 15, 2004 one completed sample hazards analysis for review of consistency with the established planning criteria. C. Within the period of the Agreement, participation in a technical assistance training session provided by the Department. The Department reserves the right to waive this requirement. D. Within the period of the Agreement, submit a list of facilities believed to have present Extremely Hazardous Substances (EHSs) as designated by the Environmental Protection Agency (EPA) in quantities at or above the Threshold Planning Quantity (TPQ), but have not reported to the State Emergency Response Commission (SERG). E. Upon Department approval of the completed hazards analyses. notify response agencies within the District of the availability of the hazards analyses update information and make that information available upon request. F. Upon Department approval of the completed hazards analyses.. notify Section 302 facilities of the availability of the hazards analysis update information and make that information available upon request. G. Upon Department approval of the completed hazards analyses, provide a copy of the approved hazards analyses update to the applicable Local Emergency Planning Committee. H. Ensure that the Hazards Analysis information is reflected in the county Local Mitigation Strategy. 13 Agenda Item No. 16F3 July 22, 2004 Page 56 of 8~ $5 rJ- b4 TASK 2: Review and Uodate of Hazards Analvses A. Review and update hazards analyses for all facilities listed in Attachment C, which have reported to the SERC that they have present those specific EHSs designated by the EPA in quantities at or above the TPQ. It is required that each Attachment C facility be contacted by on-site visit to ensure accuracy of hazards analysis. Each facility hazards analysis must include, but is not limited to, the lollowing items: 1. Facility Information a. Facility name and address Provide both physical address (no Post Office Box) and mailing address. if different. Identify any discrepancies regarding facility name and/or address oompared to the Attachment C listing. b. Facility Identification SERC Code and geographic coordinates (latitude and longitude). c. Facility Emergency Coordinator Provide the name, title and telephone number (include 24-hour) of the designated facility emergency ooordinator. d. Transportation Routes List the main routes used within the County to transport chemicals to and from the facility. e. Evacuation Routes Based on wind direction from the North, South, East and West, identity the route(s} from the facility to exit the Vulnerable Zone (VZ). f. Historical Accident Record Describe any past releases or incidents that have occurred at each facility. Include date, time, chemical name, quantity and number of persons injured or killed (This information is available from the facility). If it is determined that a facility does not have a historical accident record. that shall be noted. 2. Hazard Identification a. Chemical identities Provide proper chemical name, CAS number and natural physical state of each EHS present at the facility at any given time according to exhibit C of the Technical Guidance for Hazards Analysis. b. Maximum quantity on-site Express in exact pounds (not range codes) the maximum quantity of each EHS the facility would have on-site at any give~~~da Item No. 16F3 July 22, 2004 Page 5i5 of a~, 5b ~ h4 14 c. Severity of consequences of damage to property Rate the potential damage to the facility, nearby buildings and infrastructure if an actual release were to occur. d. Severity of consequences of environmental exposure Rate the potential damage to the surrounding environmentally sensitive areas, natural habitat and wildlife if an actual release were to occur. B. Identify those facilities in Attachment C for which a hazards analysis was not submitted. Supporting documentation must be provided with a list to account for the facilities for which a hazards analysis was not completed. In addition to the SERC Code Identification, supporting documentation should indicate: 1. Facility has closed or is no longer in business. 2. Facility is not physically located in the County (indicate appropriate County location, if known). 3. Facility does not have EHSs on-site or EHSs are below TPQ. These facilities require: a. A Statement of Determination from the facility representative for the previous reporting year; or b. A letter from the facility representative fully explaining why the EHSs are not row present at or above TPQ and a date when the EHSs were removed from the facility. TASK 3: On-Site Visits A. Conduct a detailed on-site visit for all of the facilities listed in Attachment C, to confirm the accuracy and completeness of information in the hazards analysis (Task 2). B. Submit a compact disk or diskette with a high resolution and date stamped digital image of the EHS(s) on site at all applicable facilities listed on Attachment C. The recipient may expend funds from this grant to purchase a digital camera with the capability to perform the requirements listed above when a comparable camera is not available. An alternate verifiable format may be approved by the Department upon request. C. Submit a site plan map with the SERe code number and in sufficient detail to identify: 1 . Location of major building(s) 2. Location and identification of EHS container(s) 3. Location of major street(s) and entrance(s) 4. North arrow and scale, if determined, or not to scale D. Provide the date 01 the on-site viSit. 16 Agenda Item No. 16F3 July 22, 2004 Page SB of B'. 5'1 rk b~ TASK 4: Submission. Distribution and Notification 01 the Aoproved Hazards Analyses A. Upon Department approval of all required hazards analyses, one (1) copy of each approved hazards analysis (hard copy and/or electronic format) shall be submitted to the Department. A complete copy of each approved hazards analysis shall be sent to the Local Emergency Planning Committee and a copy of the transmittal letter shall be slbrnitted to the Department. B. Upon Department approval of all required hazards analyses, notify all faciiities (for which a hazards analysis was required) and response agencies 01 the availability of the hazards analyses information and submit proof of said notification to the Department. II. SCHEDULE OF PAYMENTS -" A. The first payment of fifteen (15) percent of the fixed fee amount is payable upon receipt of an acceptable financial invoice (Attachment D), receipt of the Recipient's contact person's name, address, telephone number, E-mail address, name of software utilized to develop the hazards analyses and receipt of one completed sample hazards analysis due on or before August 15. 2004. B. A second payment of thirty (30) percent of the fixed fee amount is payable upon receipt of an acceptable financial invoice (Attachment D) and the completed hazards analyses due on or before November 1, 2004. A third payment 01 thirty (30) percent of the fixed fee amount is payable upon receipt of an acceptable financial invoice (Attachment D) and the completed hazards analyses due on or before February 1, 2005. If less than the required amount of hazards analyses are submitted on the due dates. payments may be made on a performance basis that is commensurable with the percentage of hazards analyses submitted. Absent any extenuating circumstances, and except as otherwise provided in this Agreement, wori< submitted after February 1, 2005 will not be accepted, reviewed or compensated. The Department will be the sole authority for determining extenuating circumstances and granting extensions to the work submission deadline. C. A final payment equal to Twenty-five (25) percent 01 the fixed fee amount may be released upon receipt of an acceptable financial invoice (Attachment D) and upon Department approval of all required hazards analyses. End Attachment B 17 Agenda Item No. 16F3 July 23, 2004 Page ~8 of El~, 58 cJ b<.{ Attachme nt C COUNTY FACIUTIES LISTING 18 Agenda Item No. 16F3 July 22, 2004 Page ia() of ial 59 ~ fA Attachment E Warranties and Representations Financial Management Rccipient's linaneial management system shall provide for Lhe following: (I) Accurate. currcnt and complele disclosure of the financial rcsullS of this project or program in aecordance with Paragraph (7) and Para!,rraph (12) of this Agreemcnt. (2) If applicable, records thai idenlify adequately the sourcc and application of funds for all federally- sponsored activities. These records shall conlain infonnmion pertaining to Federal awards. authorizations. obligalions, un-obligated balances, assClS. outlays. income and interest. (3) Effective control over and aecounlabilily for all funds. property and olher assets. Recipient shall adequately safeguard all such asscts and assure that they are uscd solely for authori7.cd purposes. (4) Comparison of oullays wilh budget amounts for each award. Whenever appropriate. financial infonnation should be related 10 perfonnance and unil cost data. (5) If applicable. wriuen procedures to minimi"/.c the time elapsing betwecn the transfer of funds 10 the Recipient from the U.S. Treasury and the issuance or redemplion of checks. warrants or paymenlS by OIhcr means for program purposes by the rccipient To lhe eXlentlhatlhe provisions of the Cash Managemenllmprovement Act (CMIA) (Pub. L. 101-453) govern. payment methods shall be consistent wilh CMIA Treasury-Slale AgrccmerllS or the CMIA defauh procedures codified at 31 CFR pan 205. "Withdrawal of Cash from thc Treasury for Advances under Fedcral Granl and Other Programs.~ (6) If applicable, wrilten proccdures for detcnnining the reasonableness. allocability and allowability of costs in accordance wilh the provisions of Ihe applicable Federal cost principles and the terms and conditions of the award. (7) Accounting records. including cost accounting records that arc supported by sourcc documentation. Competition, All procurement transactions shall be conducted in a manner to provide. 10 the maximum extent practical. open and free competition. The recipient shall be alert to organizational conniets of interest as well as nooeompetilive praclices among eontraetOtS that may restrict or eliminate competition or olherwise restrain trade, In order to ensure objectivc contractor performancc and eliminalc unfair competitive advantage, conlractors thai develop or draft speci licatioos. requirements, Slatemcrlls of work. invitations for bids and/or requcsts [or proposals shall be excluded from competing for such procurements. Awards shall be made 10 the bidder or offeror whose bid or offer is responsive to the solicitation and is mosl advantagcous to the recipicnt. price. qualilY and Olher factors considered. Solicitations shall clearly set fonh all requirements lhat the bidder or offeror shall fullill in order for thc bid or offer to be evalualcd by the reeiplel1t. Any and all bids or oITers may be rejected whcn il is inlhe recipient's intercstto do so. Codes of conduc!. The recipient shall maintain wriucn standards of conduct govenllng the performance of its employees cngaged in the award and administration of COntracts. 1'\0 employee. officer, or agenl shall participmc in the selection. award, or admwlstrluion of a contract supponed hy Federal funds if a real or apparcnt connict of interest would be involved. 20 Agenda Item No. 16F3 July 23,2004 Page E3J of E3~ Y:> o~ bL{ Soch a connicl would arise when the employee. orliccr. or agcnl. any mcmbcr of his or hcr immedialc family, his or her partner. or an organization which employs or is about to employ any of the parties indiCalcd herein, has a fmancial or other interest in the linn selected for an award. Thc officers. employees. and agents of the recipient shall neither solicit nor accept gratuitics, favors. or anything of monetary value from contractors. or particsto sub- agrecmcnl". Howcver. recipients may set standards for ~;\Uations in which lhe financial interest is not substantial or the gi rt is an unsolicitcd item of nominal value. Thc standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by omcers, employecs. or agents of the recipiclll. Business Hours TIle Recipient wall have its ofliccs open for business. with lhe CIlLrance door open to the public. and at least one employee Oil Sil~, from at ]ea.<;t9:00 am to 5:00 pm. Monday through Friday. Licensing and Pcnnitting All subcontractors or cmployces hired by Ihc Recipient shall have all cUITentlicenses and permits required for all of the panicular work for which they arc hired by lhe Recipient. End Attachment R 21 Agenda Item No. 16F3 July 23, 2004 Page ia3 of iai bl of- 6t{ EXECUTIVE SUMMARY Request for the Board of County Commissioners to terminate a contract for the construction of the South County Regional Water Treatment Plant (Contract 01-3194). OBJECTIVE: For the Board of County Commissioners to terminate a contract for construction of the 8 million g"dllon per day Reverse Osmosis South County Regional Water Treatment Plant (SCRWTP). CONSIDERATIONS: On May 8, 2001 (Agenda Item 1 6(C)(9)), the Board approved a contract with the United Engineering Corporation of Davie, Florida (Contractor) in the amount of $24,854,350.00 for construction of the South County Regional Water Treatment Plant Reverse Osmosis proje<.:t. The project has been under construction since July 2001 and indudcs: an 8- MGD Reverse Osmosis process facility (which has the capadty to be expanded to 20-MGD) and new raw water proJuction wells. The <.:onstruction <.:ontract provided for completion of the work within a time period of 18 months. Currently, completion has not o<.:<.:un"ed and the contract is ] 8 months late with no assurance of a timely completion by the Contractor. On June 29, 2004 the County issued a Noti<.:e to Cure to the Contra<.:tor in accordan<.:e with Section 18, Termination for Default, of Exhibit H of the Contra<.:t Specifkations. The deficiencies to be corrected or cured consisted principally of time delays and deficiencies in quality of the work. A time period of 7 <.:alcndar days is allowed for a response from the <.:ontra<.:tor. The <.:ontractor provided a response dated July 7, 2004 but this response was unacceptable in substance and execution to the County. The County staff believes that it is unlikely that an operating plant will be in place to meet the demands for water for the 2004-2005-pcak season with the present Contractor. Completion of this Proje<.:t is critical to the County's ability to meet the water demands of its customers without impo~;ng severe restrictions on service. Approval of this a!:-'Teement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this agreement shall be enforceable against Collier County only to the extent authodzed by Jaw in the absence of such ratification by the Board. FISCAL IMPACT: The original contract price was $24,854,350.00. It is anticipated that procceds from the existing contra<.:t and procceds available from the Surety Bond will be utilizcd to completc the Project. GROWTH MANAGEMENT IMPACT: This project is nceded to meet future potable watcr demands. The project is a parI of the 2003 Water Master Plan Update adopted by the Board on May 25,2004 as Agenda Item 10(0). RECOMMENDATION: Staff recommends that the Board, a') the Ex-officio Govcrning Body of the Collier County Water-Sewer District, terminate the contract with United Engineering Agenda Item No. 16F4 July 2J, 2004 P~agBl 'bb6J bZ. of ~4 1 Corporation for the construction of the 8 million gallon pcr day Reverse Osmosis South CounlY Regional Water Treatment Plant. 2 Agenda Item No. 16F4 July 2J, 2004 P~8QliS;.obBJ 63 of bY ....;.,..<"",'"'~~i'~"";.;""'",,..."., Item Number Item Summary Meeting Date Approved By James V. Mudd Board of County Commissioners COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F1 Summary of Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. Per Resolution Number 2000- 149, "Approval of this Agreement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board. this Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification of that Board." 7/27/20049:00:00 AM County Manager Date County Manager's Office 7/16/200410:04 AM Agenda Item No. 16F1 July 27, 2004 Page 67 of 67 6t-l of ~y - EXECUTIVE SUMMARY Recommendation to Approve Three (3) Tourist Development Category "C-2" Grant Applications and Three (3) Tourism Agreements for Naples Botanical Garden $217,650; The Conservancy of SW Florida $100,000; City of Naples $50,000; Totaling $367,650 for FY 05 and Approve the County Owned Museum Funding Request of $1,276,900, and Direct Staff to Prepare Amendment to Ordinance 92-60 to Include Municipally-Owned Museums for c-2 Grants. OBJECTIVE: 1. To approve three (3) Grant Applications and Tourism Agreements: with Naples Botanical Garden ($217,650); Conservancy of SW Florida ($100,000) and The City of Naples ($50,000). 2. Direct staff to prepare an amendment to Ordinance 92-60 to include municipally- owned museums. 3. Approve the County-Owned Museum Funding Request for $1,276,900 for FY 05. CONSIDERATIONS: ,-' 1) Naples Botanical Garden Visitor Experience Plan $133,650 Promotion Plan 84,000 TOTAL $217,650 PROJECTIDESCRIPTION: Naples Botanical Gardens submitted a me Category "C-2" Grant Application in the amount of 397,505 for expanding the Visitor Experience Plan and a Promotion Plan to attract a Projected 15.000 visitors in 2005. Several festivals are also planned. The facility has been receiving funds for four years, and it was recommended and approved by the TOC at their April 19, 2004 meeting to fund only the permanent exhibit part of the Visitor Experience and the entire Promotion Plan at $217,650. It is hoped that the Botanical Gardens Board will continue to seek other public and private funding sources. This project was reviewed and recommended for approval for $217,650 by the Tourist Development Council (TOC) on April 19. 2004. This project was presented at the Board of County Commissioner's (BCC) June 8, 2004 meeting. The vote was 2 to 2 and the Board requested that this item be brought back with any additional Grant Applications. 2) Conservancy of SW Florida "Everglades: A Work in Progress" TOTAL PROJECf $100,000 ,,-., PROJECTIDESCRIPTION: The Conservancy submitted a TOC Category "C-2" Grant Application in the amount of $100,000 to design and build a new permanent exhibit at the Nature Agenda Item No. 16F2 July 27, 2004 Page 1 of 47 ,-' Center called "Everglades: A Work in Progress" and a traveling exhibit for loan to other museums in the US. This project was reviewed and recommended for approval at $100,000 by the TDC on April 19, 2004. This item was presented at the Board of County Commissioner's (BCC) June 8, 2004 meeting. The vote was 2 to 2 and the Board requested that this item be brought hack with any additional Grant Applications. 3) City of Naoles "Naples Preserve BcD-Educational Center" TOTAL PROJECT $50,000 PROJECTIDESCRIPTION: The City of Naples submitted a TDC Category "C-2" Grant Application in the amount of $50.000 for the purchase and installation of educational materials. displays and furnishings for the Hedges Family Visitor Center at the Naples Preserve. Twenty local organizations arc "Partners of Naples Preserve". In addition, there arc now six individuals that have pledged $50,000 in matching dollars for this project. This project was reviewed and recommended for approval at $50,000 by the TDC on May 24, 2004, Municipal Museums arc not currently eligible for funding under County Ordinance 92-60, as amended. An ordinance amendment will be necessary if the Board of County Commissioners desires to fund this grant request. ~ 4) County-Owned Museums Category "C-l" County-Owned Museums TOTAL PROJECT $1,276,900 PROJECTIDESCRIPTION: The County-Owned Museums arc an authorized expenditure under Category C-l in the County Ordinance. The allocation for FY 05 to the County-Owned Museums is $1,276,900. On May 24, 2004 the TDC deferred judgment on this grant until review of the Museum's budget. On June 28, 2004, the TOC, after review of Museums budget, recommended approval of this grant application for $1,276,900. FISCAL IMPACT: The funds have been budgeted in the proposed FY 05 Tourism Department budget. GROWTH MANAGEu."\1ENT IMPACI': There is no impact to the Growth management Plan related to this action. RECOM...VlENDATION: That the Board of County Commissioners: /"""""' 1. Approve three (3) Tourist Development Category "C-Z" Grant Applications and three (3) Tourism Agreements for Naples Botanical Garden, The Conservancy of SW Florida and the City of Naples totaling $367,650. 2. Approve a Category "'C-I" Grant Application for the County Owned Museums in the amount of $1,276,900 Agenda Item No. 16F2 July 27, 2004 Page 2 of 47 3. Direct staff to prepare an Ordinance Amendment to 92-60 to include municipally-owned museums for C-2 Grants. The Agreement with the City of Naples for $50,000 will be dated the day the BCC adopts this Ordinance Amendment ~ Agenda Item No. 16F2 July 27, 2004 Page 3 of 47 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F2 Recommendation to Approve Three (3) Tourist Development Category "C-2" Grant Applications and Three (3) Tourism Agreements for Naples Botanical Garden $217,650; The Conservancy of SW Florida $100,000; City of Naples $50,000; Totaling $367,650 for FY 05 and Approve the County Owned Museum Funding Request of $1 ,276,900, and Direct Staff to Prepare Amendment to Ordinance 92-60 to Include Municipally-Owned Museums for C-2 Grants. 7/27/20049:00:00 AM Prepared By Gail Hambright County Manager's Office Administrative Assistant 5/11/2004 10:03:05 AM Toursim Development Council Approved By Jack Wert County Manager's Office Tourism Director Date Toursim Development Council 6/29/20048:14 AM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 6/30/20048:59 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/15/2004 8:26 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/15/200411 :36 AM Approved By Gary A. Vincent County Manager's Office Management & Budget Analyst Date Office of Management & Budget 7/6/200411:17 AM Approved By Mark Isackson Budget Analyst Agenda Item No. 16F2 .J.uly 27, 2004 ~ge 4 of 47 County Manager's Office Office of Management & Budget 7/6/2004 11 :32 AM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 7/6/20041 :54 PM Agenda Item No. 16F2 July 27, 2004 Page 5 of 47 2004/2005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES BOTANICAL GARDEN, INC. TIllS AGREEMENT, is made and entered into this _ day of , 2004, by and between the Naples Botanical Garden, Inc., a Florida not-for-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion of tourism in Collier County nationally and internationally, for the promotion and advertising of activities or events intended to bring tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums owned and operated by not-for-profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds to fund GRANTEE'S Visitor Experience Plan and Promotion Plan; and WHEREAS, The Tourist Development Council has approved this request for funding with Tourist Development Tax proceeds; and WHEREAS. The Collier County Board of County Commissioners has approved the funding request of the GRANTEE; and NOW, THEREFORE. BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: Agenda Item No. 16F2 July 27,2004 Page 6 of 47 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget of the GRANTEE, attached hereto as Exhibit "A", the GRANTEE agrees to create and implement its Visitor Experience Plan and Promotion Plan, (hereinafter "the Project"). 2. PAYMENT: (a) The amount to be paid under this Agreement shall be Two Hundred Seventeen Thousand Six Hundred Fifty Dollars ($217,650). The GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph 1 herein upon submittal of invoices and upon verification that the services or work performed as described in the invoice(s) have been completed or that the goods have been received. (b) GRANTEE shall determine that the goods and services contracted for have been properly provided. and shall submit invoices to the Tourism Director for review. (c) The Tourism Director shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (d) All expenditures shall be made in conformity with this Agreement. (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. (f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. 2 Agenda Item No. 16F2 July 27, 2004 Page 7 of 47 (g) The COUNTY shall not pay GRANTEE until the Ex-Officio Clerk of the Board of County Commissioners pre-audits all payment invoices in accordance with law. (h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit A". 3. EUGffiLE EXPENDITURES: (a) Only eligible the expenditures described in Paragraph one will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2004 and the expiration of this agreement. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODn.. Y INJURY UABILITY $300,000 each claim per person PROPERTY DAMAGE UABILITY $300,000 each claim per person PERSONAL INJURY UABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S UABILITY - Statutory Agenda Item No. 16F2 July 27, 2004 3 Page 8 of 47 (c) The Certificate of Insurance must be delivered to the Tourism Director within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. REPORTING: GRANTEE shall provide quarterly interim status reports to County in the form attached to this Agreement as Exhibit "B". GRANTEE shall also provide a final status report to County within sixty (60) days of expiration of the Agreement in the form attached to this Agreement as Exhibit "C". 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph 1. (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 4 Agenda Item No. 16F2 July 27,2004 Page 9 of 47 7. PA YMENT REOUESTS: Payment requests for interim draws and final payment must be submitted to the County in the form of the Request for Funds form attached to this Agreement as Exhibit "0". All payments are on a reimbursement basis only after proof of paid invoices are presented to the County. County may withhold any interim draw for failure to provide the interim status report, and County shall withhold final payment until receipt of the final status report or other final report acceptable to County. 8. VISITOR OUESTIONNAIRES: GRANTEE shall request that visitors to the Naples Botanical Garden complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Section 15 of this Agreement. 9. INDEMNIFICATION: The GRANTEE shall hold harmless and defend the COUNTY, and its agents and employees, from any and all claims, suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed hereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the contract price as shown in this Agreement or the GRANTEE's limit of or lack of, sufficient insurance protection. 10. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Ms. Sondra Quinn, President/COE Naples Botanical Garden 4820 Bayshore Drive, Suite 0 Naples, Florida 34112 5 Agenda Item No. 16F2 July 27,2004 Page 10 of 47 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades Convention & Visitors Bureau 3050 North Horseshoe Drive, #218 Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 11. NO P ARTNERSHll': Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE. or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 12. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 13. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the coUNTY will pay the GR.At'ITEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 6 Agenda Item No. 16F2 July 27 I 2004 Page 11 of 47 i_ 14. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 15. A V AILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall. until the expiration of three (3) years after final payment under this Agreement, have access to. and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 16. PROHIBmON OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 17. TERM: This Agreement shall become effective on October 1, 2004 and shall remain effective for one year until September 30, 2005. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY consistent with the provisions of Paragraph 13 herein. Any extension of this agreement beyond the one year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. The GRANTEE must request any extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. 7 Agenda Item No. 16F2 July 27, 2004 Page 12 of 47 18. EV ALUATION OF TOURISM IMPACf: GRANfEE shall monitor and evaluate the tourism impact of the Project. explaining how the tourism impact was evaluated. providing a written report to the Tourism Director along with a final budget analysis by November 30,2005. 19. REOUIRED NOTATION: All promotional literature and media advertising must prominently contain the verbiage. "A cooperative effort funded by the Collier County Tourist Development Tax." 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF. the GRANfEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above wri tten. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Chairman WITNESSES: GRANTEE: (1) NAPLES BOTANICAL GARDEN, INC. PrintedfTyped Name BY: (2) Printedffyped Name PrintedfTyped Name PrintedfTyped Title 8 Agenda Item No. 16F2 July 27,2004 Page 13 of 47 Approved as to form and legal sufficiency (corporate seal) ~ Heidi F. Ashton Assistant Ccunty Attorney CP: Agreement: 2004 Naples Botanical Garden 9 Agenda Item No. 16F2 July 27, 2004 Page 14 of 47 EXHIBIT "A" NAPLES BOTANICAL GARDEN, INC. Project Budget Visitor Experience Plan $133,650 Promotion Plan $ 84,000 Total $217,650 Agenda Item No. 16F2 July 27, 2004 Page 15 of 47 ~:. EXHIBIT "B" CoWer County Tourist Development CouDell Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ==-=============-----.-~-=-_=3_=_ac==_==__==_=_=_==~==a_=______==__ On an attached sheet.. answer the followina QUestions to identlfu the status of the protect. Submit this report at least quarterl,. INTERIM - These questions will identify the current status of the project. After the IDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recoII1.IIiendations to help get the project stay on schedule. )0> ~ Has the planning of this project started? ~ )0> At what point are you at with the planning stage for this project? (Percent of completion) > ~ Will any hotels/motels be utilized to support this project? > > If so, how many hotel room nights will be utilized? )0> )0> What is the total dollar amount to date of matching contributions? )0> )0> What is the status of the advertising and promotion for this project? > > Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. ~ ~ How has the public interest for this project been up to this point? 16 Agenda Item No. 16F2 July 27, 2004 Page 16 of 47 '. , EXHIBIT "C" Collier County Tourist Development Council Final Status Report EVENT NAME: REpORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ==========================z=======-=========--===--==---===--====== On an at:taJ::hsd sheet. answer the followina auestions for each element in your $CODe of work. Final _ These questions should be answered for your fmal status report. ;,. y Was this a fIrst time project? If not, how many times has this event taken place? ;,. ~ What hotels/motels were utilized to support the project and how many? ;,. ;,. What is the total revenue generated for this event? ~ ~ Total expenses. (Have all vendors been paid) ;,. ;,. List the vendors that have been paid, if not, what invoices are still outstanding and why? ;,. ;,. What is the number of participants that visited the project? ~ ~ What is the percentage of the total participants from out of Collier County? ;,. ~ What problems occurred if any during the project event? ~ ;,. List any out-of-county- advertising, marketing, and/or public relations that were used to support the project and attach samples. ~;,. How could the project been improved or expanded? 17 Agenda Item No. 16F2 July 27, 2004 Page 17 of 47 .,-'.. EXBlBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOlJRlST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT S EXPENSE BUDGET REIMBURSEMENT REOUESTED TOTALS NOTE: Furnishing false information may constitute a violation of applicable State and Federal laWs. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is corred based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. . SIGNATURE TITLE EXHIBIT "D- 18 Agenda Item No. 16F2 July 27,2004 Page 18 of 47 EXlllBIT "E" VISITOR QUESTIONNAIRE Thank you for taking the time to complete the following questions. This information will afford us the opportunity to better serve the needs of Collier County visitors. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU STAYING? HOTEL FRIENDS CA.J."\1PGROUND NAME OF HOTEL AND CITY: NAME OF CAMPGROUND: # OF ROOMS OCCUPIED x NUMBER OF NIGlITS YOU WIlL STAY = HOW DID YOU SELECT THE HOTEUCAMPGROUND? INTERl't"ET YOUR CHOICE TRAVEL AGENT OTHER: NUMBER OF MEALS YOU OR YOUR GROUP will eat out. (please provide a number determined by the number of people in your party times the number of days of your visit times the number of meals that will be eaten out each day.) = AREA A TTRACTlONS YOU PLAN TO VISIT: (please Circle) Caribbean Gardens, The Naples/MarCo Princess Corkscrew Swamp Zoo in Naples Sanctuary WatersportslParasailing Everglades National Everglades Airboat Park To~ Rookery Bay Seminole Casino Fakahatchee Strand Lake Trafford Preserve Naples Pier King Richards Fun Park Delnore- Wiggins State Park The Conservancy's Nature Center Teddy Bear Museum Other: Please name below PLEASE REFER TO OUR COLLIER COUNTY BROCHURE FOR LOCA nON OF AREA A TIRACTIONS. 19 Agenda Item No. 16F2 July 27,2004 Page 19 of 47 2004/2005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CONSERVANCY OF SOUTHWEST FLORIDA, INC. TIllS AGREEMENT, is made and entered into this _ day of , 2004, by and between the Conservancy of Southwest Rorida, Inc., a Rorida not-far-profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion of tourism in Collier County nationally and internationally, for the promotion and advertising of activities or events intended to bring tourists to Collier County and, inter alia, to construct. extend, enlarge and improve museums owned and operated by not-for-profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds to fund a new exhibit called "Everglades: A Work in Progress" at the Conservancy Nature Center; and WHEREAS, The Tourist Development Council has approved this request for funding with Tourist Development Tax proceeds; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE; and NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: Agenda Item No. 16F2 July 27,2004 Page 20 of 47 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget of the GRANTEE, attached hereto as Exhibit "A", the GRANTEE agrees to construct the new exhibit called Everglades: A Work in Progress at the Conservancy Nature Center, (hereinafter "the Project"). 2. PAYMENT: (a) The amount to be paid under this Agreement shall be One Hundred Thousand Dollars ($100,000). The GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph 1 herein upon submittal of invoices and upon verification that the services or work performed as described in the invoice(s) have been completed or that the goods have been received. (b) GRANTEE shall determine that the goods and services contracted for have been properly provided, and shall submit invoices to the Tourism Director for review. (c) The Tourism Director shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. t.d) All expenditures shall be made in conformity with this Agreement. (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. Cf) GRANTEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. 2 Agenda Item No. 16F2 July 27, 2004 Page 21 of 47 (g) The COUNTY shall not pay GRANTEE until the Ex-Officio Clerk of the Board of County Commissioners pre-audits all payment invoices in accordance with law. (h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit A". 3. ELIGIDLE EXPENDITURES: (a) Only eligible the expenditures described in Paragraph one will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2004 and the expiration of this agreement. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY UABILITY $300,000 each claim per person PROPERTY DAMAGE UABILlTY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S UABILITY - Statutory Agenda Item No. 16F2 3 July 27, 2004 Page 22 of 47 (c) The Certificate of Insurance must be delivered to the Tourism Director within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. S. REPORTING: GRANTEE shall provide quarterly interim status reports to County in the form attached to this Agreement as Exhibit "B". GRANTEE shall also provide a final status report to County within sixty (60) days of expiration of the Agreement in the form attached to this Agreement as Exhibit "C". 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph 1. (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including. but not limited to, similar or related employees, agents, officers, directors and/or shareholders. Cd) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 4 Agenda Item No. 16F2 July 27, 2004 Page 23 of 47 7. PAYMENT REQUESTS: Payment requests for interim draws and final payment must be submitted to the County in the form of the Request for Funds fonn attached to this Agreement as Exhibit "0". All payments are on a reimbursement basis only after proof of paid invoices are presented to the County. County may withhold any interim draw for failure to provide the interim status report, and County shall withhold final payment until receipt of the final status report or other final report acceptable to County. 8. VISITOR QUESTIONNAIRES: GRANTEE shall request that visitors to the Conservancy of Southwest Florida complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Section 15 of this Agreement. 9. INDEMNIFICATION: The GRANTEE shall hold harmless and defend the COUNTY, and its agents and employees, from any and all claims, suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the perfonnance of this Agreement or work perfonned hereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the contract price as shown in this Agreement or the GRANTEE's limit of or lack of, sufficient insurance protection. 10. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Joe Cox, Nature Center Director The Conservancy Nature Center 1450 Merrihue Drive Naples, Florida 34102 5 Agenda Item No. 16F2 July 27, 2004 Page 24 of 47 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades Convention & Visitors Bureau 3050 North Horseshoe Drive, #218 Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 11. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 12. COOPERA nON: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 13. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 14. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checldng account. All revenue related to Agenda Item No. 16F2 July 27, 2004 Page 25 of 47 6 ",~,_"'"",,,,",t_:,,'''I''''''~_'_'__'''_'; ,-"..">,~. the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 15. A V AILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 16. PROHIBmON OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 17. TERM: This Agreement shall become effective on October 1, 2004 and shall remain effective for one year until September 30, 2005. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY consistent with the provisions of Paragraph 13 herein. Any extension of this agreement beyond the one year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. The GRANTEE must request any extension of this term in writing at least thirty (30) days prior to the ex.piration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. 18. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director along with a final budget analysis by November 30,2005. 7 Agenda Item No. 16F2 July 27, 2004 Page 26 of 47 19. REQUIRED NOTATION: All promotional literature and media advertising must prominently contain the verbiage, "A cooperative effort funded by the Collier County Tourist Development Tax." 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: . Chairman WITNESSES: GRANTEE: (1) CONSERVANCY OF SOUTHWEST FLORIDA, INe. Printedffyped Name (2) BY: Printedffyped Name Printedffyped Name Printedffyped Title 8 Agenda Item No. 16F2 July 27,2004 Page 27 of 47 Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney ~ CP: TDC\Agreement:2004 ConservancySWFL (corporate seal) 9 Agenda Item No. 16F2 July 27,2004 Page 28 of 47 EXHIBIT "A" CONSERVANCY OF SOUTHWEST FLORIDA, INC. Project Budget Marketing Expenses $ 30,000 Permanent Exhibit Costs $ 60,000 Traveling Exhibit Costs $ 10.000 Total $100,000 Agenda Item No. 16F2 July 27, 2004 Page 29 of 47 -:J"", EXHIBIT "B" Collier County Tourist Development CouncU Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ======a_=~~==_==__==_.___=__=__=__==__==__=Z-===-==-===-==--=------ On an attached sheet. ~ the foUowfna QUestions to tdentffu the status of the profect. SUbmit this noon at lecIst qua.rterlv. INTERIM _ These questions will identify the current status of the project. After the TOC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recoIIUIiendations to help get the project stay on schedule. > > > > > > > ~ ...I... > Has the planning of this project started? > At what point are you at with the planning stage for this project? (Percent of completion) > Will any hotels I motels be utilized to support this project? > If so, how many hotel room nights will be utilized? > What is the total dollar amount to date of matching contributions? > What is the status of the advertising and promotion for this project? > Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. ~ How has the public interest for this project been up to this point? 16 Agenda Item No. 16F2 July 27, 2004 Page 30 of 47 " EXHIBIT "C" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: TITLE: CONTACT PERSON: ADDRESS: PHONE: ===_~D==_====~====_===========S===~====--===-------------=~---=-==~ FAX: On an attachsd shset. answer ths followina auestions for each element in your scope of work. Final- These questions should be answered for your fmal status report. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ,. ~ ,. ,. Was this a fIrst time project? If not, how many times has this event taken place? What hotels/motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out-of-county- advertising, marketing, and/or public relations that were used to support the project and attach samples. How could the proj ect been improved or expanded? 17 Agenda Item No. 16F2 July 27,2004 Page 31 of 47 ...-..-.--..-.--"...."..,."... .. ."...." . --" EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACfPERSON TELEPHONE ( ) ,.- REQUEST PERIOD REQUEST# ( ) INTERIM REPORT FROM TO ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REOUESTED TOTALS NOTE: FUJ'Dishing false information may constitute a violation of applicable State and Federal laWs. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and In accordance with, the tenDJ of the contract. The funds requested are for reimbursement of actual C1?st made during this time period. SIGNATURE TITLE EXHIBIT "D" 18 Agenda Item No. 16F2 July 27,2004 Page 32 of 47 EXHIBIT ''E'' VISITOR QUESTIONNAIRE Thank you for taking the time to complete the following questions. This information will afford us the opportunity to better serve the needs of Collier County visitors. NAME: ADDRESS: CITY ST ZIP DATE OF ARRlV AL: DATE OF DEPARTURE: WHERE ARE YOU 5T A YING? HOTEL FRIENDS CAMPGROUND NAME OF HOTEL A.1\ffi CITY: NAME OF CAMPGROUND: # OF ROOMS OCCUPIED x NUMBER OF NIGIITS YOU Wll.l... STAY = HOW DID YOU SELECT THE HOTEUCAMPGROUND? INTERNET YOUR CHOICE TRAVEL AGENT OTHER: NUMBER OF MEALS YOU OR YOUR GROUP will eat out (please provide a number determined by the number of people in your party times the number of days of your visit times the number of meals that will be eaten out each day.) = AREA A TIRACTIONS YOU PLAN TO VISIT: (please Circle) Caribbean Gardens, The Naples/Marco Princess Corkscrew Swamp Zoo in Naples Sanctuary WatersportslParasailing Everglades National Everglades Airboat Park Tom Rookery Bay Seminole Casino Fakahatchee Strand Lake Trafford Preserve Naples Pier King Richards Fun Park Delnore- Wiggins State Park The Conservancy' 5 Nature Center Teddy Bear Museum Other: Please name below PLEASE REFER TO OUR COlliER COUNTY BROCHURE FOR LOCA nON OF AREA ATTRACTIONS. 19 Agenda Item No. 16F2 July 27, 2004 Page 33 of 47 2004/2005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR THE NAPLES PRESERVE ECO-EDUCA TIONAL CENTER TIllS AGREEMENT, is made and entered into this _ day of , 2004, by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion of tourism in Collier County nationally and internationally, for the promotion and advertising of activities or events intended to bring tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums owned and operated by not-for-profit organizations and open to the public; and WHEREAS, GRANfEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds to fund GRANTEE'S exhibits in the Hedges Visitor Center at the Naples Preserve; and WHEREAS, The Tourist Development Council has approved this request for funding with Tourist Development Tax proceeds; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE; and NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN. AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: Agenda Item No. 16F2 July 27, 2004 Page 34 of 47 1. SCOPE OF WORK.: (a) In accordance with the authorized expenditures as set forth in the Budget of the GRANTEE, attached hereto as Exhibit "A", the GRANfEE agrees to construct exhibits in the Hedges Visitor Center at Naples Preserve. (hereinafter "the Project"). 2. PA YMENT: (a) The amount to be paid under this Agreement shall be Fifty Thousand Dollars ($50,000). The GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph 1 herein upon submittal of invoices and upon verification that the services or work performed as described in the invoice(s) have been completed or that the goods have been received. (b) GRANTEE shall determine that the goods and services contracted for have been properly provided. and shall submit invoices to the Tourism Director for review. (c) The Tourism Director shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (d) All expenditures shall be made in conformity with this Agreement. (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. (f) GRANfEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. 2 Agenda Item No. 16F2 July 27, 2004 Page 35 of 47 l (g) The COUNTY shall not pay GRANTEE until the Ex-Officio Clerk of the Board of County Commissioners pre-audits all payment invoices in accordance with law. (h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit A". 3. EUGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph 1 will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2004 and September 30,2005. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRA1'ITEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: Bonn.. Y INJURY UABillTY $300,000 each claim per person PROPERTY DAMAGE UABILITY $300.000 each claim per person PERSONAL INJURY UABillTY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S UABILITY - Statutory - 3 Agenda Item No. 16F2 July 27, 2004 Page 36 of 47 (c) The Certificate of Insurance must be delivered to the Tourism Director within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. REPORTING: GRANfEE shall provide quarterly interim status reports to County in the form attached to this Agreement as Exhibit "B". GRANTEE shall also provide a final status report to County within sixty (60) days of expiration of the Agreement in the form attached to this Agreement as Exhibit "C", 6. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph 1. (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. (e) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 4 Agenda Item No. 16F2 July 27,2004 Page 37 of 47 .- 7. PAYMENT REOUESTS: Payment requests for interim draws and final payment must be submitted to the County in the fonn of the Request for Funds fonn attached to this Agreement as Exhibit "D". All payments are on a reimbursement basis only after proof of paid invoices are presented to the County. County may withhold any interim draw for failure to provide the interim status report, and County shall withhold final payment until receipt of the final status report or other final report acceptable to County. 8. VISITOR OUESTIONNAIRES: GRANTEE shall request that visitors to the Naples Preserve complete the visitor questionnaire attached to this Agreement as Exhibit "E". All completed visitor questionnaires shall be maintained in accordance with Section 15 of this Agreement. 9. l}.lTIEMNIFICATION: To the extent permitted by law, the GRANTEE shall hold harmless and defend the COUNTY, and its agents and employees, from any and all claims, suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the perfonnance of this Agreement or work perfonned hereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perfonn work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the contract price as shown in this Agreement or the GRANTEE's limit of or lack of, sufficient insurance protection. 10. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: David Lykins, Community Services Director City of Naples 280 Riverside Circle Naples, Florida 34102 5 Agenda Item No. 16F2 July 27, 2004 Page 38 of 47 ----------- --..--- All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Tourism Director Naples, Marco Island, Everglades Convention & Visitors Bureau 3050 North Horseshoe Drive, #218 Naples. Florida 34104 The GRANTEE and the COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 11. NO P ARTNERSlllP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 12. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 13. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 6 Agenda Item No. 16F2 July 27, 2004 Page 39 of 47 14. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 15. A V All.ABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 16. PROHIBmON OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 17. TERM: This Agreement shall become effective on October I, 2004 and shall remain effective for one year until September 30, 2005. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY consistent with the provisions of Paragraph 13 herein. Any extension of this agreement beyond the one year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. The GRANTEE must request any extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for up to an additional one year. .- 7 Agenda Item No. 16F2 July 27. 2004 Page 40 of 47 18. EV ALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Tourism Director along with a final budget analysis by November 30, 2005. 19. REQUIRED NOTATION: All promotional literature and media advertising must prominently contain the verbiage, "A cooperative effort funded by the Collier County Tourist Development Tax." 20. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGlIT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman Approved as to form and legal sufficiency @ Heidi F. Ashton Assistant County Attorney 8 Agenda Item No. 16F2 July 27,2004 Page 41 of 47 -----. -~._-----_._-,._----_._------~ ------ ATTEST: GRANTEE: CITY OF NAPLES BY: TARA NORMAN, City Clerk BILL BARNEIT, Mayor Approved as to form and legal sufficiency Robert Pritt Attorney for City of Naples CPo TDC\Agrecment 200412005 Naples Preserve Eco-Educational Center 9 Agenda Item No. 16F2 July 27, 2004 Page 42 of 47 EXHIBIT "A" NAPLES PRESERVE ECO-EDUCA TIONAL CENTER Project Budget Exhibits - includes planning & design, Diorama design! build, display case systems, presentation boards, interactive mapping, reception desk and brochure center and delivery and installation $ 50,000 Total $ 50,000 Agenda Item No. 16F2 July 27,2004 Page 43 of 47 l. . ~:. EXHIBIT "B" Collier County Tourist Development COUDCU Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: :=__==__==__=_S=____________=~8;__==a__=__==_===_==__.------------- On an attactt.d stt.et. cuaswer ths following qUe.stfOM to fdentifu tlul statu o( the "rated SUbmit thb report at least auarterlll. INTERIM - These questions will identify the current status of the project. Mter the TOC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. > > Has the planning of this project started? > > At what point are you at with the planning stage for this project? (percent of completion) > > Will any hotels/motels be utilized to support this project? > > If so, how many hotel room nights will be utilized? > > What is the total dollar amount to date of matching contributions? > > What is the status of the advertising and promotion for this project? > > Have your submitted any advertisements or printed pieces to the TOC staff for approval? Please supply a sample and indicate the ad schedule. > > How has the public interest for this project been up to this point? 16 Agenda Item No. 16F2 July 27, 2004 Page 44 of 47 " EXHIBIT "e" Collier County Tourist Development CauDell Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: TITLE: FAX: ==~a__==~_==8__=_______.=m__..__==___==_______________-----______=a On CUt atta.ched shset. answer the follDwfna auutfon..s for each element fn !lOur scope of work. Final- These questions should be answered for your final status report. ~ ~ > > > > > > > > ~ > > > > > > > > > Was this a fIrst time project? If not, how many times has this event taken place? What hotels / motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all veDelora beeD paid) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out-of~ounty- advertising, marketing, and/or public relations that were used to support the project and attach samples. How could the project been improved or expanded? 17 Agenda Item No. 16F2 July 27, 2004 Page 45 of 47 ..,..... EXHIBIT "D" REQUEST FOR FUNDS COLLffiRCOUNTYTOtrRffiTDEVELOPMENTCOUNCa EVENT NAME ORGANIZATION ADDRESS CONTACfPERSON TELEPHONE ( ) REQUEST PERIOD REQUEST# ( ) INTERIM REPORT FROM TO ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REOUESTED TOTALS NOTE: Famishing false information may constitute a violation of applicable State and Federal laWs. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our ofliclal accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and In accordance with, the terms of the contract. The funds requested are for reimbursement of actual cf?st made during this time period. SIGNATURE TITLE EXHIBIT "D" 18 Agenda Item No. 16F2 July 27, 2004 Page 46 of 47 EXlDBIT "E" VISITOR QUESTIONNAIRE Thank you for taking the time to complete the following questions. This information will afford us the opportunity to better serve the needs of Collier County visitors. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU STAYING? HOTEL FRIENDS CAMPGROUND NAME OF HOTEL AND CITY: NAME OF CAMPGROUND: # OF ROOMS OCCUPIED x NUMBER OF NIGlITS YOU WILL STAY = HOW DID YOU SELECT THE HOTEI.JCAMPGROUND? INTERNET YOUR CHOICE IRA VEL AGENT OTHER: NUMBER OF MEALS YOU OR YOUR GROUP will eat out. (please provide a number determined by the number of people in your party times the number of days of your visit times the number of meals that will be eaten out each day.) = AREA A'ITRACTIONS YOU PLAN TO VISIT: (please Circle) Caribbean Gardens, The NaplesIMarco Princess Corkscrew Swamp Zoo in Naples Sanctuary WatersportslParasailing Everglades National Everglades Airboat Park To~ Rookery Bay Seminole Casino Fakahatchee Strand Lake Trafford Preserve Naples Pier King Richards Fun Park Delnore-Wiggins State Park The Conservancy's Nature Center Teddy Bear Museum Other: Please name below PLEASE REFER TO OUR COLLIER COUNTY BROCHURE FOR LOCATION OF AREA A TIRACfIONS. 19 Agenda Item No. 16F2 July 27, 2004 Page 47 of 47 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non-ad valorem Assessment) to be levied against the properties within the Pelican Bay Municipal service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, U.S. 41 berm, street signage replacements within the median areas and landscaping Improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit ..---, , OBJECTIVE: Adopt a Resolution fixing the date, time and place for the public hearing for approving the Special Assessment (Non-ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, U. S. 41 berm, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. CONSIDERATION: The County Commission, as part of Ordinance 2002-27 related to the creation of the Pelican Bay Municipal Services Taxing and Benefit Unit, shall hold a Public Hearing to hear, consider and adopt the Pelican Bay Budget. There is no specific date established (other than the time required by general budgetary law), but staff would recommend that the Board consider Thursday, September 9, 2004 at 5:05 P.M. for the Public Hearing, to be held at The Collier County Government Center, W. Harmon Turner Building, Board Room. 3301 East Tamiami Trail. Naples. Florida 34112. Pursuant to Section 197.3632, Florida Statutes, a Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) must also be adopted between June 1 and September 15. 2004 in order to insure that the assessments can be placed on the Collier County Tax Collectors bills this year. Combining the adoption of the Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) and the Budget Hearing will provide for increased public awareness of the Pelican Bay Services Division's budget and assessment for Fiscal Year 2004-2005. FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary. GROWfH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. - Agenda Item No. 16F3 July 27,2004 Page 1 of 9 Executive Summary Page 2 RECOMMENDATION: That the Board of County Commissioners adopt a Resolution fixing the date, time and place for the public hearing for approving the Special Assessment (Non-ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, U.S. 41 berm, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. .- Agenda Item No. 16F3 July 27, 2004 Page 2 of 9 . Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F3 Recommendation that the Board of County Commissioners adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non-ad valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, U.S. 41 berm, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit 7i27/2004 9:00:00 AM Prepared By James Ward Board of County Commissioners Director 6/281200410:38:53 AM Pelican Bay Services Approved By Jean C.Smith County Manager's Office Operations Analyst Date Approved By Pelican Bay Services 6/28/20041 :09 PM Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 6/30/2004 9:05 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/15/20049:18 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/15/20043:17 PM Agenda Item No. 16F3 July 27,2004 Page 3 of 9 RESOLUTION NO. 2004- A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT (NON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BEl'ir:FIT UNIT FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS, A~D MAINTENANCE OF CONSERV A TION OR PRESERVE AREAS, AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR AMBIENT NOISE l\-IANAGEMENT, THE ~IAINTENANCE OF CONSERVATION OR PRESERVE AREAS, U.s. 41 BE&\fS, STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS AND LANDSCAPING 1~IPROVEME~lS TO U.S. 41 El'l'TRANCES, ALL WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BE:'IiEFIT t:NlT. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 2002-27, creating the Pelican Bay Municipal Service Taxing and Benefit Unit for the purpose of providing street lighting, water management, ambient noise management, extraordinary law enforcement service and beautification, including but not limited to beautification of recreational facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas and to finance the landscaping beautification of only that portion of V.SAI from Pine Ridge Road to Vanderbilt Beach Road; WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a Non-ad Valorem Assessment Roll for purposes of utilizing the uniform method of collection. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO~I1SSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. This Resolution is adopted pursuant to the provisions of Ordinance No. 2002- 27, and other appLicable provisions of law. SECTION TWO. It is hereby found and determined that a Special Assessment which includes the establishment of Capital Reserve Funds for ambient noise management, the maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or reserve areas within the Pelican Bay Municipal Service Taxing and Benefit Unit is necessary for funding the required payments for the operation, repair and maintenance of the water management system, beautification of recreational facilities and median areas. and maintenance of conservation and preserve areas during Fiscal Year 2004- ZOO5. SECTION THREE. A public hearing before the Board of County CAW!~ffir9fu?r9 ~b. 16F3 July 27,2004 Page 4 of 9 Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) of the estimated costs, including Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms within the boundaries of the Unit. street sign replacements within the median areas, ambient noise management, landscaping improvements within the boundaries of the District. landscaping improvements to the U.S. 41 entrances within the boundaries of the Unit, the maintenance of the water management system. and beautification of recreation facilities and median areas. during Fiscal Year 2004-2005 between the County and each property owner of land within the Pelican Bay Municipal Service Taxing and Benefit Unit will be held on Thursday, September 9, 2004 at 5:05 P.M. at The Collier County Government Center 3301 East Tamiami Trail, Board Room, Third Floor, W. Hannon Turner Building, Naples. Florida. at which time the Board of County Commissioners will hear objections of the owners of the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit or other persons interested therein, to the adoption of the Preliminary Assessment Roll C-lon-ad Valorem Assessment Roll). The Clerk shall keep a record in which shall be inscribed, at the request of any person, firm or corporation having or claiming to have any interest in any lot or parcel of land within the Unit, the name and post office address of such person. firm or corporation, together with the brief description or designation of such lot or parcel. The Clerk shall cause the notice of such public hearing to be published one time in the Naples Daily News, a newspaper published in Collier County and circulating in the Unit, not less than twenty (20) days prior to said date of the hearing. Notice of such public hearing to consider the adoption of the Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) shall also be mailed first class mail to all the property owners on the Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) at the address provided for on said roll. SECTION FOUR. Notice of such hearing shall be in substantially the following form: NOTICE Notice is hereby given that the Board of County Commissioners of Collier County, Florida, will meet on Thursday, September 9, 2004 at 5:05 P.M.. The Collier County Government Center, 3301 East Tamiami Trail, Board Room, W. Hannon Turner Building, Third Floor. Naples. Florida, for the purpose of hearing objections. if any, of all interested persons to the adoption of the Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) allocating the assessable costs including Capital Reserve Funds for ambient noise management, the 2 Agenda Item No. 16F3 July 27, 2004 Page 5 of 9 maintenance of conservation or preserve areas, U.S. 41 berms within the boundaries of the Unit, street sign replacements within the median areas, landscaping improvements within the boundaries of the Unit, landscaping improvements to the U.S. 41 entrances within the boundaries of the Unit, the maintenance of the water management system, and beautification of recreation facilities and median areas within the Pelican Bay Municipal Service Taxing and Benefit Unit which comprises and includes those lands described as follows; A tract of land being in ponions of Sections 32 and 33, Township 48 South, Range 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South. Range 25 East, Collier County, Florida, being one and the same as the lands encompassed within the Pelican Bay Municipal Service Taxing and Benefit Unit, the perimeter boundary of same more particularly described as follows: Commencing at the Southeast corner of said Section 33; thence South 89 degrees 59 minutes 50 seconds West along the South line of Section 33 a distance of 150.02 feet to a point on the West right-of-wuy line of U.S. 41 (State Road 45), said point also being the Point of Beginning; thence Southerly along the West right-of-way line of said U. S. 41 (State Road 45) the following courses: South 00 degrees 58 minutes 36 seconds East a distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 3218.29 feet; thence South 0] degrees 00 minutes 29 seconds East a distance of 3218.56 feet; thence South 00 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; thence South 01 degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point on the North right-of-way line of Pine Road as recorded in D.B. 50, Page 490. among the Public Records of said Collier County; thence depaning said U.S. 41 (State Road 45) South 89 degrees 09 minutes 45 seconds West along said North right-of-way line a distance of 2662.61 feet; thence South 00 degrees 51 minutes 44 seconds East a distance of 70.00 feet to a point on the Nonh line of Seagate Unit 1 as recorded in Plat Book 3, Page 85 among said Public Records; thence South 89 degrees 09 minutes 45 seconds West along said Nonh line of Seagate Unit] and the South line of said Section 9 a distance of 2496.67 feet to the Southwest corner of said Section 9; thence continue South 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to a point on the mean high water line established May 15. 1968; thence a Nonhwesterly direction along said mean high water line a distance 15716 feet more or less; thence depaning said mean high water line South 80 degrees 29 minutes 30 seconds East and along the Southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B. 15, Page 121 among said Public Records a distance of 7385 feet more or less to a point on said West right-of-way line of U. S. 41 (State Road 45); thence South 00 degrees 58 minutes 36 seconds East along said West right-of-way line a distance of 2574.36 feet to the Point of Beginning. A copy of the Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) for each lot or parcel of land to be assessed is on tile at the Clerk to the Board's Office, County Government Center, W. Harmon Turner Building, Fourth Floor. 330] East Tamiami Trail, Naples, Florida and in the offices of the Pelican Bay Services Division, 80! Laurel Oak Drive, Suite 605, Naples, Florida, and is open to the inspection of the public. All affected propeny owners have a right to appear and be heard at the public hearing and to file written objections to the adoption of a resolution approving the Preliminary Assessment Roll (Non-ad Valorem Assessment Roll) with the Board within 20 days of this notice based upon Agenda Item No. 16F3 July 27, 2004 Page 6 of 9 3 the grounds that it contains items which can not be properly assessed against property. that the computation of the special assessment is incorrect, or there is a default or defect in the passage or character of the resolution. or the Preliminary Assessment (Non-ad Valorem Assessment) is void or voidable in whole or part. or that it exceeds the power of the Board. At the completion of the hearing, the Board shall either annul or sustain or modify in whole or in part the Preliminary Assessment (Non-ad Valorem Assessment) as indicated on such roll, either by confirming the Preliminary Assessment (Non-ad Valorem Assessment) against any or all lots or parcels described therein or by canceling, increasing, or reducing the same, according to the special benefits which the Board decides each such lot or parcel has received or will receive on account of such improvements. The assessment so made shall be tinal and conclusi ve as to each lot or parcel assessed unless proper steps are taken within twenty (20) days with a court of competent jurisdiction to secure relief. The Board will levy a Special Assessment (Non-ad Valorem Assessment) for operations and maintenance of the water management system and the beautification of the recreational areas and median areas, and maintenance of conservation and preserve areas utilizing an Equivalent Residential Unit based methodology. The total assessment for maintenance of the water management system, beautification of recreational facilities, and median areas. and maintenance of conservation or preserve areas is $2,554,839 which equates to $329.98 per Equivalent Residential Unit based on 7742.38 assessable units. The Board will levy a Special Assessment (Non-ad Valorem Assessment) for the establishment of Capital Reserve Funds for ambient noise management. the maintenance and restol1ltion of the conservation or preserve areas, U.S. 41 berm improvements within the Unit, street sign replacement within the median areas, landscaping improvements and U.S. 41 entrance improvements within the Unit, utilizing an Equivalent Residential Unit based methodology. The total assessment for these Capital Reserve Funds is $1,126.100 which equates to $145.45 per Equivalent Residential Unit based on 7742.38 assessable units. The Special Assessment (Non-ad Valorem Assessment) will be collected by the Collier County Tax Collector on the owner's Ad Valorem Tax Bill pursuant to Section 197.3632. Florida Statutes. Failure to pay the Special Assessment (Non-ad Valorem Assessment) and your property taxes will cause a tax certificate to be sold against the property. which may result in a loss of title to the property. 4 Agenda Item No. 16F3 July 27,2004 Page 7 of 9 Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DON~A AALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/ Maureen Kenyon Deputy Clerk (SEAL) SECTION FIVE. The Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. SECTION SIX. This Resolution shall become effective immediately upon its passage. This Resolution adopted this _ day of , 2004. after motion. second and majority vote. ATTEST: DWIGIIT E. BROCK, CLERK BOARD OF COUNTY COMMISSIO~'ERS COLLIER COUNTY, FLORIDA BY DONNA AALA, CHAlRMAl'l Approved as to form and legal sufficiency: /'. d:JAtL f ~ ~vidC.Weigel County Attorney 5 Agenda Item No. 16F3 July 27, 2004 Page 8 of 9 PELICAN BAY Culf OF ...ExICO ~ I .; i LEt c() ~Ll.Jt~ CO ..., .... ~ ..: ... Vl Q:: .... i o PlES-'''''''Ol(A!.::! ..., CO ai '" :!: Q~~ ~ = <( ~ C%l ~ '" .. j ri ~ .... ~ Vl 0:: .... ~ ~ o .. ... Q >- !- ;:; \ I \ -- C ,,,,,"-'-'" EXECUTIVE SUl\'Il\'IARY Recommendation to approve a Tourist Development Category "A" FY 05 Grant Application and a Tourism Agreement Submitted by the City of Naples for Monitoring of Doctors Pass In the Amount Of $10,580. OBJECTIVE; To obtain approval for a Tourist Development Category "A" grant application and Standard Tourism Agreement with the City of Naples as recommended by the Coastal Advisory Committee and the Tourist Development Council. CONSIDERATIONS: A $10,580 Tourist Development Category "A" grant application for the monitoring of Doctors Pass wa<; submitted by the City of Naples. It was reviewed by the Coastal Advisory Committee on March 11. 2004 and the Tourist Development Council on March 29, 2004 and they both recommended approval. The proposed project area has public street access and is within ~ mile of a beach park facility, public access point, hotel, or motel. It is therefore within the critcria established in the TDC Category "A" funding policy adopted by the Board on December 16, 2003. FISCAL IMPACT: Funds are available for appropriation in the FY 2005 Category '"A" Tourist Development Tax budget. -- GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan relatcd to this action. RECOMMENDATION: That the Board of County Commissioners; 1) Approve the attached Tourist Development Category "A" grant application for monitoring and 2) approve Tourism Agreement with the City of Naples in the total amount of $10,580. -- Agenda Item No. 16F4 July 27,2004 Page 1 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16F4 Item Summary Recommendation to approve a Tourist Development Category "A" FY 05 Grant Application and a Tourism Agreemp-nt Submitted by the City of Naples for Monitoring of Doctors Pass in the Amount Of $10,580. Meeting Date 7/27/20049:00:00 AM Prepared By 6/29/200410:30:47 Maria E. Bernal Grants Coordinator AM County Manager's Office Toursim Development Council Approved By Jack Wert Tourism Director Date County Manager's Office Toursim Development Council 6/29/2004 10:36 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 6/30/20044:58 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/15/2004 10:51 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 7/15/2004 3:52 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 7/6/2004 11 :54 AM Agenda Item No. 16F4 July 27, 2004 Page 2 of 18 " 200412005 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND ,THE CITY OF NAPLES FOR SEMI-ANNUAL MONITORING OF DOCTOR'S -PASS: TIllS AGREEMENT, is made and entered into this~y of 1lL l, . 2004 by and between The City of Naples, hereinafter referred to as "GRANTEE" and Collier County. a political subdivision of the State of Florida, hereinafter referred to as "CO UNIT". RECITALS: WHEREAS, CITY has submitted an application for Category "A" Tourist Development Tax Funds in the amount of $10,580.00 for the semi-annual monitoring of Doctor's Pass (the "Project"); and WHEREAS, the COUNTY desires to fund a portion of the Project. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMlSES PROVIDED HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUAll..Y AGREED AS FOLLOWS: 1. SCOPE OF WORK. GRANTEE prepared a detailed application and proposal outlining the pass management project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as "Proposal", attached as Exhibit "A". GRANTEE shall . provide the project activities outlined in the Proposal within the budgeted amounts provided in the Proposal. GRANTEE shall not be reimbursed for any expenditures not included in the Proposal nor be reimbursed for amounts in excess of those provided in the Proposal unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT. The maximum reimbursement under this Agreement shall be Ten Thousand Five Hundred Eighty Dollars and No/lOO ($10,580.00). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of ( _ Agenda Item No. 16F4 July 27, 2004 Page 3 of 18 / .. an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided and shall submit invoices to the County Administrator or his designee. The County Administrator. or his designee, shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A". 3. ELIGIBLE EXPENDITURES. 'Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY'S written request to repay said funds. COUNTY may request repayment of funds for a period of up to one (1) year after termination of this Agreement or any extension or renewal thereof. 4. INSURAt~CE. GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement and be issued Agenda Item No. 16F4 2 July 27, 2004 Page 4 of 18 ." by a company licensed in the State of Florida and provide General Liability Insurance for no less than the following amounts: Bodily Injury Liability - $300,000 each claim per person Property Damage Liability - $300,000 each claim per person Personal Injury Liability - $300,000 each claim per person Worker's Compensation and Employer's Liability - Statutory The Certificate of Insurance must be delivered to the County Administrator, or his designee, within ten (10) days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities which are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 5. CHOICE OF VENDORS AND FAIR DEALING. GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and subcontractors and/or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of the expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. IND&'\1N1FICATION. To the extent permitted by law, GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way Agenda Item No. 16F4 July 27, 2004 Page 5 of 18 3 .' by the agreed upon Agreement price as shown in this Agreement or GRANTEE'S limit of, or lack of, sufficient insurance protection. 7. NOTICES. All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address; Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 735 8th Street South Naples, Florida 34102 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY at the following address: Jack Wert, Executive Director Naples, Marco Island, Everglades Convention & Visitors Bureau 3050 North Horseshoe Drive Naples, Florida 34104 GRANlEE and COUNTY may change their above mailing address at any time upon giving the other party written notification pursuant to this section. 8. NO PARTNERSHIP. Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9. TERMINATION. COUNTY or GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination pursuant to Section 7 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 4 Agenda Item No. 16F4 July 27, 2004 Page 6 of 18 .' 10. GENERAL ACCOUNTING. GRANfEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the terms of this Agreement. 11. AVAILABILITY OF RECORDS. GRANTEE shall maintain records, books, documents. papers and fmancial information pertaining to work performed under this Agreement. GRAN1EE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and reeords of GRANTEE involving transactions related to this Agreement, 12. PROHIBITION OF ASSIGNNIENT. GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of COUNTY. 13. TERM. This Agreement shall become effective on October 1, 2004, and shall remain effective until sixty (60) days after completion of the project described in Exhibit "A", but no later than September 30,2005. 14. AMENDMENTS. This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. This Agreement shall be recorded in the public records of Collier 15. RECORDATION. County, Florida. IN WITNESS WHEREOF, GRANTEE and COUNfY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. 5 Agenda Item No. 16F4 July 27, 2004 Page 7 of 18 DATED: ATTEST: DWIGHf E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: ~~tA Heidi F. Ashton Assistant County Attorney ~, ATTEST: v~tZ.-~ >;81m~ TARA NORMAN, City Clerk 1<~\),?~ ROBERT D. PRTIT, City Attorney (Corporate Seal) CP:TDC\Agrce:2004l2005-SemiAnnua.1-DrPass BOARD OF COUNTY COMlv.IISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman GRANTEE CITY OF NAPLES By:(i//~ B BARNETT, Mayor . WITNESSES: (1) .~~_~~ Signature V;; ~ c.. . Si 01. 'tS tco- PrintedJTyped Name (2) ~t<. f~ si~e JC?Mt'Cu ;{. foseni1em~ PrintedlI'yped N aIDe 6 Agenda Item No. 16F4 July 27,2004 Page 8 of 18 EXIllBIT "A" PROJECT BUDGET Semi-Annual Monitoring E'ih1b,-J- A { o+- OJ $10,580 Agenda Item No. 16F4 July 27, 2004 Page 9 of 18 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourlshment and Pass Maintenance Semiannual Monitoring of Doctors Pass 1. Name and Address of Project Sponsor Organization: The City of Naples, 735 Eighth Street South, Naples, Florida 34102 2. Contact Penon, Title and Phone Number: Name: Dr. Jon C. Staiger, Natural Resources Manager Address: 735 Eighth Street South City Naples, Florida 34102 Phone: 213-7120 Fax: 213-7130 3. Organization's Chief Official and Title: Bill Barnett, Mayor 4. Details of ProJect- Description and Location: The Doctors Pass Inlet Management Plan calls for maintenance dredging of a minimum of 40,000 cubic yards of beach-compatible sand from the Pass and impoundment basin on a four-year cycle. The 40,000 cubic yard basin was excavated in 1996 and the second maintenance dredging event took place in 2001 and 2002. The DEP and U.S. Army Corps of Engineers permits for the project require semiannual monitoring to ensure that the Pass remains navigable and that the beach-compatible sand, which is placed in the nearshore environment, is carried onto the beach and does not impact environmentally-sensitive nearshore habitat 5. Estimated project start date: 01 October 2004 6. Estimated project duration: one year 7. Total TDC Tax Funds Requested: $10,580 8. If the full amount requested cannot be awarded., can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X) e '(lruhd- A 2- ot 4 Agenda Item No. 16F4 July 27, 2004 Page 10 of 18 .' Collier County Tourist Development Council Category "A" Grant Application Page 2 Semiannual Monitoring of Doctors Pass PROJECT BUDGET PROGRAM ELEMENT Al\10UNT TOTAL $ 10,580 $ 10,580 me Funds Requested PROJECT EXPENSES: (Engineering, Monitoring) Semiannual monitoring, lump sum $ 10,580 $ 10,580 TOTAL I have read the Tourist Development Category " A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comp' it~ all 'deline~ criteria. EXHIBIT A Z-'lhd~l}- A- 3 o~ ~ Agenda Item No. 16F4 July 27, 2004 Page 11 of 18 Attached are moni toring of project. ~ ,"-" Attachments permit conditions the Doctors Pass ~'ihtbl} A c{ ot- '1 requiring semiannual maintenance dredging Agenda Item No. 16F4 July 27, 2004 Page 12 of 18 ; . ~~-:-., \\ I' Flo~i6A7 . ';~ .. . ... A L'Cpa.1 "'111~1~'" VI Env~. Dnmental Pratec. .:on Lawton Chile$ Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399.3000, Virginia a. Wetherell S ec:ret1ry . CERTIFIED - RETURN RECEIPT REOUESTED January.4, 1999 ~ECE'VED '. J A N 1 '1 1999 Natural Resources ~Iger City of Naples and'Saye the Bays Association,Inc.' c/o Robert A. Crawford., P.E. Suboceanic Consultants Incorporated 261 Airport Road, South Naples Florida 33942 Re: Permit Modification Doctors Pass Maintenance Dredging Permit No. 112032389 Dear Mr. Crawford: Your request to modify this permit has been received and reviewed by Department staff. The requested modification was received on January 20, 1998 and determined to be complete pursuant to rule'on October 20, 1998 upon receipt of additional information. The proposed permit modification is'to 1) excavate approximately 125 cubic yards of rock boulders encountered bet\Veen elevations -11 and -13 ft. NGVD in dredge area 1 and place the exca.vated boulders on the southjetty; 2) stabilize existing loose boulders located on the jetty; and 3) enlarge dredge area 3 to include the southernmost section of the flood tidal'shoal and to extend the interior channels of dredge area 3 approximately 500 ft. further into Moorings B~y at a width of 50 ft.' ' Removal of the rock boulders between elevations -11 and -13 it. NGVD in dredge area 1 is to allow the hydraulic dredge operator to more efficiently excavate the impoundment basin to achieve the authorized design depth of -14.0 ft. NGVD. Placement of the 125 cubic yards of . excavated boulders and stabilizing existing loose boulders on the so~jetty will replace the '. approximately 200 cubic yards of material lost, over the previous 32 years and will not exceed the footprint, length, or elevation of the jetty as originally constructed. Widening of the chann~l in dredge area 3 is to improve navigation and decrease sediment scour and undermining of seawalls bordering the channel. Existing depths in the proposed, enlargement areas range from -7 to -3 ft. NOVD at the flood shoal and -7 to -5 ft. NGVD at the proposed interior channel widening and extension. The proposed channel extension follows the existing "Protect. Conserve and Manage Florida's Environment and Natural ReSOli!Ce;" Printod on recycled paper. ~'ihd::JI} A S ot. '1 Agenda Item No. 16F4 July 27,2004 Page 13 of 18 ~tice of Permit Modific .n City of Naples and Save:tbe Bays Association, Ine. Permit No. 11-2032389 Page 3 , I ,_ -. '..: The specific conditions shall be reyis~d as f?llows: SPECIFIC CONDmONS: 3. At least 48 hours prior to commencement of work authorized-by this permit, the permittee sb.all notify the Department of Environmental Protection, Burea1:l Bf W etitmEl R~searee . Maaage:meRt Bw-eau of Beaches and CoaStal SvSten'1S in Tallahassee, and the South District - - office in Ft Myers, in writ41g of this commencement. . ~ 4. Semiannual narrative progres; reports shaIi be submitted to the Burell\{ ofWetla:l'ui ResoUl"ce ' MB:na~emeat Hi Tallahoosee (AmI.: ComplianGe) Bureau of Beaches and Coastal Sv'stems and the Department's South District office in FtMyers;' indicating the',Status of the project and including the following informatioIi: 5. Best management practices shall be used at all times during the activities authorized by this permit to minimize turbidity at both the dredging and ~il areas. At the dredging areas, these practices shall include using a hydraulic pipeline dredge. For. excavation of rock boulders in drcdlZc area 1. a clam shell or di'lJDer dred!le is authorized" At the SP9il areas, these practices shall include placing Ii. baffling device at the end of the spoil discharge pipe to reduce the ' velocity. The permittee shall be responsible for inspecting all submerged pipelines for leaks at least once a day during construction and keeping a log of these' inspections. In the event of leaks, work shall be stopped and the l=ak(s) Shall be repaired immedia.tely. In addition, turbidity during construction-shall be monitored as described i.u the monitoring portion of this. permit '10. The proposed channel deptJ3s eEl widths in doctor~s Pass shall no~ exceed the dimensions. depicted on the attached drawinlZS dated S~tember 22. 1998. - . . 11. At least 30 days prior to the placement ofpipeliIies, the pei:mittee shall submit to'the .- Department's Se\itft DiSiriet e~ee is. Ft. Myers Bureau of Beaches and'cOastal Svstems ir}. - Tallahassee. and copy to -the Rl:IflR ef WetleEl R:es8'\:i1fSe M8ftIlgemeat is.. TaRaBesS!e ~ District office in Ft Mvers. maps that show all submerged pipeline cOIridors that will be used for this project. Construction shall not begin until written approval of the submerged pipeline ' corridor is received-from the Pepartment's Seat:l\ Diet!iet ames'in Ft. MY8!9 Bureau of Beaches and Coastal Svstems in Ta11ah.aSsee...' ' 12m. No blasting shall be allowed rcthlh1f- A & Dr 'i Agenda Item No. 16F4 July 27, 2004 Page 14 of 18 u.w~"..., ... ____.._. Bureau 01 Coastal Engineering .and Regulation 3900 Co 'lnwealth Blvd. - Mail Station 310 Ta._ .assee. Florida 32399-3000 (904) 488-3180 ~ I I PERMIT NUMBER: DBS910290 CO . PER.M!TTEE .., City of Naples 'and Save The Bays Association, lIte. cia Robert A. Crawford, P .E., President - Suboceanic Consultants, Incorporated "261. Airport Road, ',South Naples, Florida 33942 PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161.041, FLORIDA STATUTES FINAL ORDER FINDINGS OF FAcr: An application for authorization to' conduct the activities below the mean high water line upon sovereignty lands of Florida which are indicated in the project description was filed by the applicantlpennittCenamed herein on October 30, 1.991. The application was held in abeyance pending completion of a draft inlet management plan. The application was determined to be complete pursuant to rule on March 6; 1995: - The app1ication was considered by the Chief of the Bureau .of Beaches and Coastal Systems, on behalf of the . Department of Environmental Protection. CONCLUSIONS OF LAW: ,After considering the merits of the proposal and an)' written objections from affected persons, the Department finds that on compliance with the permit conditions, the activities indicated in the project description are of 'such a nature that they will result in no significant adverse impacts to the sandy beaches of the state; are not expected to adversely impact nesting sea turtles, their hatchlings, or their habitat; will not interfere,. except during construction, With the use by the public of any area. of the beach seaward of mean high water; are appropriately designed in accordance with Rule 1613-41, Florida Administrative Code; and are activities or types of construction which the Bureau Ch:ief has authority to approve or deny pursuant to Administrative Directiye DEP 140, effective July 1, 1993. Based on the foregoing consicie.Iitions, the Bureau' Chief approves the application; authorizes constrUction and/or activities at the location indicated below in strict accordance-wi~ the project description; the approved- plans (if any}; which by this reference are incorporated herein~ the con:ditions provided in Rule 16B-41. 015, Florida AdIIiinistrative Code; and ~y additional conditions shown below, pursuant to Rule 16B-41. 015 (2) , Florida Admini.strative Code. EXPIRATION DATE: March 29. 2005 q '{ ~ l h ~t- A l- D~ C;; Agenda Item No. 16F4 July 27, 2004 Page 15 of 18 t . - . 'p~r.mittee: city of 'B~ys Associatior Permit No. J.J.2032~ 'paqe 5 Naples, Florida, an~ ~ave the Inc. - . , , 3. At least 48 hours prior to ~ommencement of work authorized by this permit, the permittee shall notify the Department of Environmental Protection, Bureau of Wetland Resource Management in Tallahassee, and the South. District 'District o~fice in Fort Myers, ~in writing of this commencement. 4. ,Semiannual narrative proqress reports shall be submitted to ,the Bureau of Wetland Resourpe Management in Tallahassee (ATTN.: compliance) and the Department's South District offiee in Ft. Myers, indicating the status of the project and including the following information: c. Date pe.rmitted' activity was "begun; if work has not begun on-site, please so indicate. " Brief description ,and extent of dredging completed since the permit was issueCl or since'the previous report. InClicate on copies of the permit drawings those areas where work has, been, ,completed. Brief'description and extent of dredging anticipated in the next, six months. Indicate on co~ies ot the permit drawings those areas where it is ant~cipated that work .will be done. a. , b. d. , This report shall include on the first page, just below the title, the certification of the following statement ~ \lhtb~} A iJ4 Agenda Item No. 16F4 July 27,2004 Page 16 of 18 . __ ......t'.c::~, ,t'J.orida, andSllve the , ,~ Bays Assoc~at~on, Inc. -: P'!rmit No.. 1120' 89 " pa,qe 6 by t~e individual who supervised preparation of.the report: lIThis re'Oort re\;>resents a true and accurate descri'Otion- of the activities conducted durina the two month period covered bv.this re"Oort." ' The first semiannual narrative progress report is due six months from the date of permit issuance. - 5. -Best- management practices shall be used 'at all times during the activities authorized by this permit to min~ize turbidity at both the dredging and spoil areas. At the dr~dging ~reas,. these practices shall include using a hydraulic pipeline'dredqe. At-the spoil areas, these practices shall include placing' a baffling device. at the_end of the spoil discharge pipe to reduce the velocity. The pei:1nittee shall be responsible for inspecting all submerged pipelines for leaks at least once a day during construction and keeping a log of these inspections. In the event of leaks, work shall be stopped and the leak(s) shall be repaired inunediately. In addition, turbidity during construction shall be mon~tored ~~ described in the monitoring portion of this permit. G.At least' 60 days before each dredging event (except the first) in Cut Nos. 2~ 3 and'4, the permittee shall supply sediment size analyses from the shoals to be dredged to the Bureau of w~tland Resource Management. (BWRM) in Tallahassee for r~view. This information shall be used to determine if the. dredged material may be' disposed of in the nearshore sites (i.e.; if it contains less than 10% silts) or if it must go to a self-contained upland soil . disposal site. The BWRM shall respond in wr~ting within ,30 days of receipt of the analyses concerning the suitability of material for nearshore disposal. 7. Before each dredging event begins, the permittee shall clearly mark the limits of tna'waterwardextension of cut Nos. 3 and 4 with a series of buoys that are no more than 50' ft. apart, to protect the existing flood-tide shoal area within Moorings Bay, as shown on Sheet 2 of the attached permit drawings. 8. Dredged material shall not be directly disposed of ou~side of the limits of the nearshore disposal sites and it shall not shoal, after-a disposal event, beyond the limits of the nearshore disposal sites, as shown on Sheets 2 and 3 of the attached permit drawings. To help ensure that this condition is met, the perimeter of Spoil Site No. 1 shall be marked with a series of buoys that are no more than 100 ft. apart, and the perimeter of Spoil site No. .2 shall be marked with a series of buoys that are no more than 250 tt. apart. The permittee shall.ensure'that these buoys are maintained in place throughout ~hedurationeach disposal event. 9. The permittee shall leave a buffer of at least 500 ft. between any spoil disposal on Spoi~ Site No.1 and the-~xisting hard ~"h d?d- A q D~ 1 Agenda Item No. 16F4 July 27, 2004 rlLt:. No.(~~ Ub/l;j 'U4 RM m~:39 ID:RISK MANAGEMENT FAX:9547230942 PAGE 4 ~CORQ.. 1\ODUCI!" (954) 723 -0939 ~ilk Management Assoc1ate$ 1211 W. Broward Blvd. Plantation. FL. 333Z4 Todd Higley INIUlWl ty 0 Nap e5 735 8th Street South Naples, FL. 34102 E DATIIMMlDDIYYVY) CERTIFICATE OF LIABILITY INSURANC 05 13/2004 THIS CERTIFICA1t! IS IISUI!D AI A MAlTlR OfllNJlOftMATION ONLY AND CONFERS NO RIGHTS UPON THE C.R"f1ICATE HOLDER, THIS CI!RTlFICATB DOlI NOT AMeND. EXTENI) OR TI T V D I W. ~AX (9$4) 723-0942 INSURER' AFFORDING COVElRAGI! INBURliilU: Pr. erred CiovernMnta INSUfteR II: IN&URIOR c: INSIJIU"O: INSUIU!A 6; HAle .. In,ul"'anc. Trust ,-'._- --- TH& POLICIES OF INSURANCe. LISTED BELOW HAVE BeeN ISSUED TO THE INSURED NAMED ABOVE FO" THE POLICY PERIOD INDICATED. NOTWlTH8TANDIN ANY REQUI~EMENT. T!~M OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPI!CT TO WI.t1CH THI8 CI!RTIFICATE MAY BE ISSUED OR MAV ptERTAIN. THE INSURANCE AFFORC!D BY THE PO~ICIE6 DI!8CAliiEC HeRI!IN 11l8U15JI!CT TO ALL THE TERMS. IXCLUSIONS AND CONDITIONS 0.. SUCH POLlOIES. AGGRliGATE LIMITS SHOWN MAY HAVE BEEN A/!PUCED 8Y F'AID CUl.IM8_~ _ TVPll OF IN'URANCE "ouey N\J9l4.." POLl Y II , I. N uwr. OINIIW. UADlLITY PKFLI01l200Z03 -01 10/01/2003 10 01 OOT eACH OCCUMMNOa . 2.0ooLOO ~ COM!.1I::/lCIAl. GfNI!MAI. LIA13IUTY . DAp,v.Olr .~'-.u_ s 250.00 f-- W CLAIMS MAllE 0 UCCUR M6D iXP (Ally 011. ~) . 5.00 A PERSONAL a N1I/ INJUR'!" , Inc:l udec GI!Nl!lW. AGGIUiOotlT! . 6.000 .OO( 05N'L ^GGReGATe IJ~I"\' API'L1ES PER: ~Ducra . COMfllOI" AGO . Inc' udec IlI'OLICY h- ~f8r r"''- LOC AUTOMOBILI LIA.,LITY PKFL1011200203-01 10/01/2003 10/01/2004 COMIINIO IINGLl! LIMIT ~ ANV AUTO (Eaa=","" . 2.000.00<l ~ I-- ALL OWNED AUTO!! 800IL V IN.lUAY . SCHeDuLED ,,"UTOS (P.r pnon) A I-- HIREO AUTOS BODILY INJURy ~ . NON-OWN IiO AlII OS IP" ICCldllnI) .--- T CeMP OED - $1,000 PROPERTY DAt.lA(j1 X COLL DED - $1.000 IP" lICCIdanl) S =fGll. L1AIllUT'f AUTO ON\.Y.I!A ACCIOEHT . ANV AUTO OTllIiR Tl-WI EA ACe . AUTO ON\. Y: A<llI , IXCI!Ul\JMBRIUA LIABILITY eACH ocouMlHCe . ==:J OCCUR 0 Cl.AlilAll MACE AG~lia.o.TI . . ~ Of.OUCTI8Li . RllTl!NTlON . . WORKII'll COM,,&NlATlON AHD PKFL1011200203-01 10/01/2003 10/01/2004 ~~A I iOJli" IMPLO'fl"" LIABILITY A AN'!" PROP~Il!TOIVI'ARTNEMXEcurlve u. BACH ACClDIiNT , 1.000.00 O"'ICEIVl,4EM8ER IlXCLUOEO? e.L. OIllIMIi . IA NI"LOYEE . 1.000.00 II ~ d..l'rib. un"", 5 CI...L I'ReVISIONIl i3eIO", Iii.L. OINA&B . !'OLleV LIWIT . 1 000.00 CTHIA ,-aC"'nJON,.fmMAT~N" 't,C1>.TIf!N I V...OCLII/....SLU.If8& 1>.DCIO ~y .jIf;ra~...do'.,m..'1i!~l' VE LI AR IN LUS E OF A $1 0, PER ON 5Z . 0 R PER F.$.7SI.ZI. EXCESS CoVERAGE APPLICABLE TO "CLAIMS BILLS". OUT-OF-STATE AND FEDERAL JURISDICTION CLAIMS ONLY ~.l 2004/2005 Semi-Annual Monitoring of Do(tor's PIS. as per agreement with Collier County Board of County Commissioners ~,~~RAT10N1g88 Page 18 of 18 Napl... Marco Island. Everglades Convention. Visitors Bureau Attn: Maria aerna1 3050 North HorJeshoe Drive Naples. FL 34104 ACORD 2~ (2001/08) FAX: (239)403-2404 .-- EXECUTIVE SUMMARY Recommendation to approve special assessments as requested by the Florida Association of Counties (FAC) for legal proceedi.ngs on Department of Juvenile Justice Cost Shift and Additional Homestead Exemption Constitutional Amendment in the total amount of $19,188. OBJECTIVE: To provide funding for two voluntary special assessments for legal proceedings on Departmcnt of Juvenilc Justice Cost Shift and the Additional Homcstead Exemption Constitutional Amendmcnt. CONSIDERATIONS: On June 23, 2004, the Board of Directors of the Florida Association of Counties authorized the Association to participate as a named plaintiff, along with a coalition of counties, in a lawsuit against the State of Florida challenging the legality of Chapter Law 2004- 263 (Department of Juvenile Justice cost shift to Counties). The total amOunt of this special assessment is $120,000. Each COUllty's share of the assessment will be calculated on a prorated, population basis. Attached is a spreadsheet (Attachment A) of the population information for each county. the amount to be levied against each county. and the estimated annual costs for each county. Collier County's share is $2,056. - Along with this special assessment, the Board of Directors authorized Association staff to merge the proceeds of two existing special revenue funds into one fund that may be used for litigation of statewide impact, as determined by the Executive Committee or Board of Directors. as appropriate. The total of that fund merger is approximately $130,(X>O. These two actions allow the Association to have available an estimated $250,000 to assist in funding the legal costs of challenging the Department of Juvenile Justice cost shift on a statewide basis. The seeond voluntary special assessment that was approved by the Board of Directors of the Florida Association of Counties is for the purpose of joining a statewide effort to educate the publie on the harmful impacts from the additional $25.000 Homestead Bxemption Constitutional Amendment. The estimated fiscal impact to Collicr County is a rcvcnue loss in excess of $7 million. Other entities participating in this statewide broad*based education campaign include, among many, the Florida League of Cities and the Florida Chamber of Commerce. The total amount of this special assessment is $1,000,000. The Florida Association of Counties will be an active participant in the coalition on this issue. Each county's share of the assessment will be calculated on a prorated. population basis. Attached is a spreadsheet (Attachment B) of the population information for each county, the amount to be levied against each county, and the estimated impact of the constitutional proposal for each county. Collier County's share is $17,132. - The Florida Supreme Court recently ruled that the homestead exemption referendum could not be voted upon in November due to confusing ballot language. However, FAC anticipates that this issue will resurface at a future date with revised ballot language. Therefore, at this time, PAC has not eliminated plans for the educational campaign on this issue. Collier County will Agenda Item No. 16F5 July 27, 2004 Page 1 of 6 not issue a check until F AC makes a final decision regarding the educational campaign. However, Board approval of the special assessment is still requested at this time. FISCAL IMPACT: Total requested funding is $19,188 distributed as follows: Homestead Exemption Constitutional Amendment Department of Juvenile Justice Cost Shift Total $17,132 $2.056 $19,188 Funds are available from General Fund Reserves. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with tilis Executive Summary. RECOMMENDATION: Recommendation that the Board of County Commissioners: (1) Approve special assessments for legal proceedings on Department of Juvenile Justice Cost Shift and Additional Homestead Exemption Constitutional Amendment in the total amount of $19.188. (2) Approve the associated budget amendment. .--." Agenda Item No. 16F5 July 27, 2004 Page 2 of 6 Prepared by: Pat Lchnhard Date: July 6,2004 .- ~ Agenda Item No. 16F5 July 27,2004 Page 3 of 6 Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F5 Recommendation to approve special assessments as requested by the Florida Association of Counties (FAC) for legal proceedings on Department of Juvenile Justice Cost Shift and Additional Homestead Exemption Constitutional Amendment in the total amount of $19.188. 7/27/2004 9:00:00 AM Management & Budget Director Date Office of Management & Budget 7/20/20048:29 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/20/20049:14 AM. Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/7/20049:58 AM Agenda Item No. 16F5 July 27, 2004 Page 4 of 6 ATTACHMENT A Coun Alachua CountY, Baker County Bay County Bradford County Brevard CounfY Broward County Calhoun County Charlotte County Citrus County Clay County Collier County Columbia County DeSoto County Dixie County Duval County Escambia County Flagler County Franklin County GadSden Coulily Gilchrist County Gla$ CoUrrty. Gulf County HajfJ1@n CouroJ Hardee County Htllt/ifY Counjy:.. Hernando County Hl€lblarlds County. Hillsborough County Holmes County Indian River County Jackson County Jefferson County Lafayette County Lake County Lee Gaunty Leon County Levy Cotlnty Liberty County MadfsonCounty Manatee County Marion County Martin County Mitlml;-Dade CountY Monroe County Nas'sa!1Coun\Y.: Okaloosa County OK~~~~ Orange County Oste\;llil, C()~~ Palm Beach County Pasco Counw Pinellas County Polk County Putnam County Santa Rosa CGUnly Sarasota County SemlMle County St. Johns County SI. LuclaCOImty Sumter County Suwannee County Taylor County Union County Volusia County Wakulla C~untY Walton County WashingtOn GOlln\}' TOTALS Po ulatlon Assessment $ 26 $164 $1 ,{)Sa $190 $3,670 $11.939 $94 $1.068 $884 $1,097 $2,056 $414 $237 $103 $5.808 $2.132 $433 $74 $327 $109 $75 $110 $99 $193 $257 $969 $635 $7,589 $133 $652 $344 $95 $52 $1.692 $3,480 $1.796 $258 $51 $135 $2,017 $1,982 $945 $i6.490; $566 $~: $1.273 ~: $6,911 $~~$ $8,515 $2,&38 $6,607 $3,598 $506 $906 $2,452 $'2.116 $983 $1,489 $443 $261 $145 $96 $3,309 $175- $331 $~54. $120,000 Impact of DJJ Shift on Cou 0 ratln i2f1. 10 $80.259 f1:,'12S,79f $82,452 ll,140.541 $6,001.377 $17S.961 $412,870 $920,500 $707.960 $1,426.840 $341,260 $187,885 564,869 $3.923,033 $2.204.901 $262,273 $66,522 $6{}5,402 $40,956 $23.658 $79,242 $~t.812 $208.089 $2!f:1,5~ $689,135 $521.239 56.684,279 $141,694 5297,887 5323,708 $106.970 $6.741 $717,118 $2.731,229 $1,407,906 $202,1H $26.202 $129,102 $2,161.401 $2,251,963 $601,499 $:m.1"~.,?95; $165,988 ~3J? $1,402.691 -...~1~9Jc $7.075.527 $944;021 $4,405.660 $2.354;-227 $5,482.681 $3;521.610 $641,946 $1,213.173 $1,506.100 $687,227 $1,101.497 $:1,574,530 $364.537 $171,457 $172.983 $36,250 $3.067,528 $175;909 Age~~J m No. 16F5 $90.245.3 Iy 27, 2004 Page 5 of 6 23,383 - fir4\U7 26.972 501;a10 1.698.425 13.439' 151.994 125;804 156,011 292;466 58,690 33.713 14,688 826.279 303.310 6.1.541 10.480 4lM91 15.517 10i7!9 15.615 14.025 27.400 36<$:11, 140,670 90,393 1,079,587 18,940 121,174 48,991 13.552 7,353 240.716 495.088~ 255.500 36,664 7.227 19;139' 286.884 2a:l ;966 134,491 2,345,982 60.537 !l~~ 181,102 .'", ~ 983.165 Z,1~B; 1.211,448 375,3-18 939.864 511.929 71.971 128,889, 348.761 394-,900 139.849 211,896 63.001 37.19B 20,646 13,726 470.770 24,938- 47,066 21.91'3. .~ 17,071,508 ATTACHMENT B County A1achua County Baker County Bay County Bradford County Brevard County Broward County Calhoun County Charlotte County CittUs County Clay County Galllei' County Columbia County Oespto COuntY. Dixie County Duvat County Escambla County Flagler County Franklin County ,~Iy. Gilchrist County Glades County Gulf County Hamilton COUfltY Hardee County Hendry County Hernando County Highlands County Hillsborough County HoImesCounty Indian River County Jackson Couil~ Jefferson County Lafayette Colidty Lake County Lee County Leon County Levy CQJlnty Liberty County MlIdISO/li CollAt1- Manatee County MaHbn:Courtt/ Martin County Mlarnl..Dade COunty Monroe County Nassau County Okaloosa County OkeeOOobee County 'Orange County Os~'CoUrlty, Palm Beach County PasCQ <<OUh~ Plnelles County Polk~ffiY. . Putnam County Santa ~a CCl!:ii'ity Sarasota County SernlOQre Coimty SI. Johns County SI: I;;~ CO\!l'ity, Sumter County SuwaA~:O~uritY . Taylor County U Ilian CCJiJRty Volusia County WakuUa-County Walton County Washington County TOTALS Population 231',296 23,383 154'.827 26.972 501;8tO 1 .698,425 13,4\39 151,994 12$~. 156,011 ,29~@ 58.890 3a'i1w 14,688 ~$',2tEl 303,310 61.541 10,480 4S.,4~ -- - 15,517 10-,729 15,615 14.025 27.400 36,511 140.670 90,393 1,079.587 16.94.0" 121.174 48~~ 13,552 7~ 240.716 4~$~ 255,500 36.GtM' . 7,227 19itaq, 286.884 28-1._f . 134.491 2;345;932 80,537 63.062 181,102 37.236 983.165 2"'Q,4~ 1.211.448 37lt3Jlt . 939.864 511.~ 71,971 128;S8~; 348,761 394iEilQ. 139.849 ~1;,_;' 63.001 . . :!?AJ(f 20,648 13.726 470,770 24,938 47,066 21,913 17.071,508 Assessment '$t3,549 $1,370 $9ilil69 $1.580 $29.c146 $99.489 $781 $8,903 $7;3'69 $9,139 $tf~:t~2 $3,450 ~~lit5 $860 - -$J$ifti1 $17.767 $3;005 $614 $2,123 $909 $628 $915 .$82.2 $1,605 $2,139 $8,240 $5.295 $63,239 $.1;109 $7,098 $~lt70 $794 $451 $14,100 $2SiOO1 $14,966 $2';1'48 $423 $.1.1121 $16,805 $16.517 $7,878 $197,418 $4,718 $3.694 $10,608 $2,181 $57,591 $12.327 $70,964 $~1,~5 $55.055 $2~.987 $4.216 $7;550"- $20,429 $23~13t $8,192 $l~iJ;1;Z $3.690 $2,179 $1.209 $804 $27,576 $1,461 $2.757 $1.284 $1.000,000 Implct of InerelM In Homesteld exemption on County Operating $9,547.387 $872,108 $4,567.587 $1,021,668 $15,329.254 $65.052,875 $441.640 $5,709.552 $7,301,692 $8.557.859 . $7.017.492 $2,283,455 $944.788 $473.987 ~ ,483,904 512.860,760 $2,434,831 $306.547 -,*;806,937 $754,075 $465,810. $411.816 $380,433 5720.930 S1,110,361 $8,847,702 $4.498,374- $41.927.737 $711.381 $3.015,679 $1,514,481' $627.279 $250.53& $9.267,725 $16.512,300 $10,476,040 $1.fla6,~7 $184,109 $.&7 4~941 $13.310.251 $Q;684:;$33 $5.315.355 $6(},t53,321 $1.532.696 53,019.809 $4.181,603 $1.340.262 $24.382,089 ~,74g,,338 $35.173.181 $21'; ""6:,758 $41.320.922 $19'.721.~ $3.235.616 S5\GO!.;054. $10,324.324 $&;3~i~ $11.104,913 $1'1~1~\<a9$, $3.387,153 $1;'i!2\~99' $657,328 $354.930 $18,812,017 $1,283,052 $1.221,254 Aqerm,tbim No. 16F5 $614.006,5l9lJly 27, 2004 Page 6 of 6 ,- EXECUTIVE SUMMARY Summary of 17 Fund 195 Tourist Development Category "A" Grant Applications and Corresponding Tourism Agreements and other Tourist Tax Funded Expenditures Totaling $24,724,568 for FY 04/05 OBJECTIVE: To review all approved Category "A" grant applications and Tourism Agreements as approved by the Board of County Commissioners and made a part of the proposed FY 05 budget. CONSIDERATIONS: The following Tourist Development Category "A" grant applications and related tourist tax expenditures were approved by the BCC on the date indicated or proposed for FY 05 funding. City of Marco Island Approved April 13. 2004Item :#16F3 Marco Island Sea Turtle Monitoring $ l00,()()()(A) - City of Naples Approved April 13. 2004Item:# 16F6 Removal of Algae/Seaweed Accumulations from City of Naples Beaches Reimbursement for Removal of Algae/Seaweed from City of Naples Beaches Total Environmental Services -Approved April 13. 2004Item #16F3 Collier County Sea Turtle Monitoring & Beach Studies $ 150.000 $ 29.804 S 179.804(8) S 8,OOO(C) $ 51,964(0) $ 59.964 $ J57.400CE) Approved April 13. 2004 Item #10D Permit Compliance Marine Turtle Monitoring Semi-Annual Monitoring of the South Gordon Dlive T -Groin Project Total (note: BCC approved $41,964 for this project) Parks and Recreation Approved October 24.2000 Item:#8D2 (oneinal proiect) Vanderbilt Beach Parking. Approved April 13. 2004 Item lOB Beach Dune Walkover and Paver Pathway Repave Tigcrlail Parking Lot Repave South Marco Parking Lot Pedestrian Beach Access Total S 4,101 ,50Q(F> $ 57,()()()(G) S 25,()()()(H) $ 25,000(1) $ 2(X).OOOfJ) $ 307.000 - Approved April 27, 2004 Item 16F2 Beach Cleaning and Maintenance (note: project includes $195,000 direct expense in 195 plus a transfer ~ 333.~(lQ~ Agenda Item No. 16F6 July 27, 2004 Page 1 of 4 Page 2 of $138,400 to gcncral fund parks to covcr ovcrhead) Approved June 8. 2004 Item 16F4 Vandcrbilt Beach Easemcnt Acccss (note: budgct amcndment 04-323; ncw project started in fiscal 04 and scheduled for completion in fiscal 05) $ 148.500 Pelican Bav Services District Approved April 13. 2004 Item #16F3 Clam Pass MonitOling (Pelican Bay Services District) $ lO'<XX)(L} Publie Utilities Approved April 13. 2004Item #16F5 Approved April 13. 2004 Item#10C City of Marco Island for the Renomishment and Replacement of Tcmporary T-Groins on Hidcaway Beach. Project 90502 $ 4.457.000(M) Renoulishment or Vanderbilt, Pelican Bay, Park Shore and Naples Beachcs (note: $13,71 I ,700 shown dircctly in fund 195; $738.300 funded directly in Pelican Bay) $.] 4.450,OOO(N) Tourism Department Approved April 13. 2004 Item 16F3 Project Managcmcnt & Misc. Fees 2005 (note: grant allocation covers personal services, openning and other overhead expenses) S 420,000 TOTAL $24,724.568 FISCAL Il\'lPACT: The funds have been induded in the proposed FY 05 Tourism Dcpartmcnt hudget. GROWTH MAi"lAGEMENT IMPACT: Therc is no impact to the Growth managcment Plan rclated to this action. RECOMMENDATION: That the Board of County Commissioners reccive the summary of all approved Category "A" grant applications and other tourist tax funded projects in the amount of $24,724,568 as contained within the proposed FY 04105 budget document. .- Agenda Item No. 16F6 July 27, 2004 Page 2 of 4 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F6 Summary of 17 Fund 195 Tourist Development Category "A' Grant Applications and Corresponding Tourism Agreements and other TouristTax Funded Expenditures Totaling $24,724,5'38 for FY 04/05 7/27/20049:00:00 AM Prepared By Maria E. Bernal County Manager's Office Grants Coordinator 7/7/20041 :56:34 PM Toursim Development Council Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/1312004 11 :16 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 7/19/20043:42 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/19/20045:33 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/19/20046:10 PM Approved By Jack Wert County Manager's Office Tourism Director Date Toursim Development Council 7/7/20043:32 PM Agenda Item No. 16F6 July 27,2004 Page 3 of 4 ,- Board of County Commissioners (Cont.) Tourist Development Fund (195) Adopted Amended Year to Date Proiect Budeet Budeet Enc.!Ex'll. FOreC3$t Current Wiggins Pass Monitoring 2003 0 26,000 0 26,000 0 Doctors Pass Monitoring 2003 0 10,000 10,000 10,000 0 Doctors Pass Monitonng 2005 0 0 0 0 10,600 S_ Gordon Dr. T-Groin Monitoring 2004 0 97,000 96,954 97.000 0 S. Gordon Dr_ T-Groin Monitoring 2005 0 0 0 0 4;Z,'O.oO'., b Hideaway T-Groin Monitoring 2003 0 70,524 58,016 70,500 0 Annual Beacn Renourishmcnt 2003 0 8.694 2,885 2,900 0 Dune/Structure Maintenance 2003 0 6,339 6,339 6,300 0 Beach Cleaning Operations 2003 0 50,480 29,486 28.000 0 Lowdermilk Park 375,000 375,000 375,000 375,000 0 .8 ' Beach Cleaning Operations 2005 0 0 0 0 179,900' Parker Sand Web System 0 50,226 50,226 50,200 0 Gordon Pass T-Groins 0 1 0 0 0 AnnuaJ Monitoring CCRB 0 510 0 0 0 Lake Trafford RestoraUon 500,000 2.000,000 2,000,000 2,000,000 0 Sand Tighten Gordon Pass Jetty 0 220,355 118,550 220,400 0 Renovate Lowdermilk Park 0 356,047 349,786 356,000 0 VanderbIlt Beach Parking Garage 498,500 4,298,500 0 498,500 4,101,500 ~ Caxambas Pass Pemut/Dredging 0 326,000 205,517 326,000 0 , Hideaway Beach Renourishment 0 207,607 120,135 207,600 4,457,000 - ('(\ Incremental Beach Maintenance 0 209,264 0 209,600 0 Hideaway Beach Access Improve. D 375,055 50,055 0 0 Wiggins Pass 0 15,000 14,660 15,000 0 Design CountyiNaples Beach R~nour_ 0 1,008,885 534,720 1,008,900 13,711,700 N Beach Emergency Response Plan 0 25,000 0 25,000 0 Dune Structure Maintenance 2004 0 350,000 62,060 350,000 0 Beach Cleaning Operations 2004 60,300 21S,900 16,770 215,900 0 Clam Pass Monitoring 2004 0 9,900 0 9,900 0 Clam Pass Monitoring 2005 0 'J 0 0 10,000 l- Clam Pass Parking Lot Resurfacing 40,700 40,700 0 40,700 0 County/Naples Beach ~10nitoring 2004 0 100,000 0 100,000 0 Doctors Pass Monitoring 2004 10,600 10,600 10,580 :0,600 0 Gordon Pass Monitoring 2004 69,200 69,200 69,176 69,200 0 Hideaway Beach Monitoring 2004 0 95,000 0 95,000 0 Hideaway Beach Renour. wlUpland S?lld 0 660,000 655,144 654,100 0 :\-Iarco Island Beach Monitoring 2004 0 86,000 0 86,000 0 :\o1arco Island Beach Monitoring 2005 0 0 0 0 100,000 A :vIarco Island Beach Renour. 600,000 0 0 0 0 Sea Turtle Monitoring 2004 149,900 . 149',900 63,528 149,900 0 Sea Turtle Monitoring- 2005 0 0 0 0 157,400 C;. Gordon Pass Turtle Monitoring 0 7,558 7,558 7,600 0 Gordon Pass Turtle Monitoring 04 0 a 0 0 8,000 ',: C Tigertail Walkway Design 0 200,000 0 200,000 0 Tigertail Beach Entrance 0 131,983 122,499 132,000 0 8ayview Beach Access Improvements 0 111,377 3,640 III ,400 0 So_ Marco Beach Parking Gates 0 1,150 0 0 0 Tigercail Park Restroom Facilities 0 10,425 10,425 10,400 0 Sarefoot Beach Boardwalk 0 37,976 24,264 24,300 0 Barefoot Beach Boardwalk 0 9,319 3.539 9,300 0 So. Marco Beach Access 0 8,525 7,798 7,800 0 GullShore Blvd. North Access 0 4,068 4,067 4,100 0 TigeTtaj1 Beach Parking Lot Renovation 0 389 0 0 0 ~ Beach Cleaning Operations 2005 0 0 0 0 ~::> Beach Dune Walkover and Paver :) 0 0 o 57,000 6- Repave Tigertail Parking Lot 0 0 0 Agend821tEmll Ncl\16F6 South Marco Parking Lot 0 I) 0 o 2S,ooj,y 2]1:2004 Pedestrian Beach Access I) 0 0 0 200,oo&ag~ of 4 Total 2,304,200 12,046,457 5,183,377 7,321,100 23,280,100 EXECUTIVE SUMMARY Recommendation to Approve an Interlocal Agreement between Collier County and the City of Naples Establishing Office Space for our Collier County Film Commissioner Within the Norris Community Center at $350.00 Per Month for use of the Premises. OBJECTIVE; To establish an office for our Collier County Film Commissioner. CONSIDERATIONS: To approve an Intcrlocal AkFfccmenl between Collier County Tourism Department and the City of Naples establishing an office for the Collier County Film Commissioner within the Norris Community Center. The Tourism Department shall pay $350.00 per month to the City of Naples for use of the premises. Thc fce will be due to the City of Naplcs on the first day of each month. FISCAL IMPACT: Funds arc in the FY 04 and the proposed FY OS Tourism budget to cover this payment. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact from this action. ,..-- RECOMMENDATION: To approve an Intcrlo(,~al Agreement betwecn Collier County Tourism Department and the City of Naples establishing office space for the Collier County Film Commissioncr within the Norris County Center at $350 per month. - Agenda Item No. 16F7 July 27, 2004 Page 1 of 6 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F7 Recommendation to Approve an Interlocal Agreement between Collier County and the City of Naples Establishing Office Space for our Collier County Film Commissioner Within the Norris Community Center at $350.00 Per Month for use of the Premises. 7/27/20049:00:00 AM Prepared By Gail Hambright County Manager's Office Administrative Assistant 7/6/200410:46:08 AM Toursim Development Council Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/13/200410:27 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/14/20042:20 PM Approved By James V. Mudd Board of County Commissioners County Manager Date Approved By County Manager's Office 7/14/20043:35 PM Jack Wert County Manager's Office Tourism Director Date Toursim Development Council 717/2004 2:35 PM Approved By Heidi F. Ashton County Attorney Assistant County Attorney Date County Attorney Office 7/9/200410:14 AM Agenda Item No. 16F7 July 27, 2004 Page 2 of 6 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT (the "Agreement") is made this _ day of 2004 by and between COLLIER COUNTY (thc "County") and THE CITY OF NAPLES (the "City"). WITNESSETH: WHEREAS, Section 163.01, Florida Statues. also known as thc Florida Interlocal Cooperation Act of 1969, permits local govcrnmental units to makc the most efficient use of their powers by enabling them to cooperate with each other to provide services in a manncr that will accord best with geographic, economic, population and othcr factors int1uencing thc needs and development of local communities; and WHEREAS, Collier County through its tourism department employs a person holding the title of Collier County Film Commissioner, and WHEREAS, the City and the County have determined that it is in their best intercst to establish an office for the Collier County Film Commissioner within thc Noms Community Ccnter; and \VHEREAS. such an officc would bcncfit the citizens of both the City and thc County by providing ill(.~reased and easier access to the services provided by the Collier County Film Commission; and WHEREAS, the City has agreed to grant the County a license to usc space in the Noms Community Center for a Three (3) year period for the office of the Collier County Film Commissioncr on the terms and conditions containcd herein. NOW, THEREFORE, based upon the mutual covenants and premises provided herein, and othcr valuable consideration, the parties hereby agree as follows: 1. Recitals Incorporated: The above recitals arc true, correct and incorporated herein. 2. Premises: For purposes of this Agreement, the term "Premises" shall mean an office in the Noms Community Center, which is located at 755 8th Ave. South. Naples. Florida 34102. The City hereby grants to the County a revocable license to occupy the Premises, subject to all of the terms and conditions contained herein. The County shall have thc right to share in the use of any common areas and facilities appurtenant to the Building with the City. 3. Term: The term of this Agreement shall be for Three (3) years (the ''Term''). The Term shall commence on August 18, 2004 and shall expire on August 17, 2007 (the ''Tcrmination Date", At the cnd of the Tcrm or if terminated prior to Termination Date by either party, this Agreement shall absolutely end. The County acknowledges that it has not obtained any type of casement or permanent interest in the real property upon which the Premises and Building is locatcd. TI1C Agreement will be jointly reviewed by the City and Agenda Item No. 16F7 July 27, 2004 Page 3 of 6 the County during the final year of this Agrccment and future recommendations of terms and conditions will be recommended. 4. License Fee: There shall be no license fees due under this Agreement. 5. Services: The County shall pay all fees and charges directly to the vendor, in relation to the Collier County Film Commission office phones, The City shall provide climate control, electricity, phone, fax. and computer lines to the Premises. 6. Use and Occuoancv: The County shall occupy and use the Premises solely for an office for the Collier County Film Commissioner. 7. Fees and Char2es: The County shall pay $350.00 (for FY 04/05) and $400.00 (for remainder of agreemcnt) per month to the Ci ty for use of the Premises. The fcc due to the City of Naples shall be paid on the first day of each month. 8. Alterations and Improvements: The County shall not alter, improvc or change the Premises, including existing signage, without the written consent of the City. 9. Eauioment Usa2e: The County will be allowed continued usage of property owned by the City, including; office furniture, file and storage cabinets and computcr in the Collicr County Film Commissioner's oftlcc and other equipmcnt located in the Nonis Center as needed. Said equipment is propelty of the City and is provided for use by the County while on property. 10. Termination: At any time during term of this AGREEMENT, either party may terminate this AGREEMENT by delivering three (3) month's written notice of the same to the other party without liability to the other. If the City terminates this agreement without cause, the County will be allowcd an additional (6) months to re-locate office to another location. 11. Assi2nment: The County shall not a~sign, sublet, or permit the Premises to be used by others without the prior written consent of the City in each instance. 12. Indemnification: To the event permitted by law, the County shall indemnify, defend, save, and hold harmless the City, the City's otTicers, agents and/or employees from and against any and all losses, penalties, damages, professional fees, including reasonable attorney's fees and all costs of litigation and judgment." arising out of any willful misconduct or negligent act, error, or omission of the County arising out of or incidental to the County use of the Premises. or the failure of the County to perform any duties under this AgreemenL 13. Notices and Address Record: All notices required or made pursuant to this Agrccment to be given by the County to the City shall be in writing and shall be delivered by hand or by United States Postal Services Department, first class mail services, postage prepaid, return receipt requested, addressed to the following: City of Naples Community Services Department 280 Riverside Circle 2 Agenda Item No. 16F7 July 27,2004 Page 4 of 6 Naples, Florida 34102 All notices required or made pursuant to this Agrccment to be given by the City to the Collier County Film Commission shall be madc 1n writing and shall be delivcred by hand or by United States Postal Services Department, first class mail services, postage prepaid, rcturn rcceipt requested, addrcssed to the following: Collicr County Tourism 3050 Horseshoe Drive Suite 218 Naples, FL 34104 14. Counterparts: This Agreemcnt may be executed in any number of counterparts, each of which shall bc deemed to be an original as against any party who signature appears thereon and all of which shall together constitute one and the same instrument. 15. Effective Date: This A!:,'Tcement shall take effect on the day of execution by the last party to execute this agreement. 16. Reeordin2: This Agreemcnt shall bc rccorded by the Collicr County Film Commission in the Official Records of the Collicr County within thitty (30) days after this Agreemcnt is fu 11 y executed. IN WITNESS WHEREOF, thc parties hercto havc cxccuted this lnterlocal Agrecmcnt on thc day first w11ttcn above. DATED: A TrEST: DWIGHT E. BROCK, Clcrk BOA RD OF COUl\IjY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, Chairman Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Anomey 3 Agenda Item No. 16F7 July 27, 2004 Page 5 of 6 A TrEST: TARA NORMAN, City Clerk Approved as to form and legal sufficiency: ROBERT D. PRITT, City Attorney CITY OF NAPLES. FLORIDA By: BILL BARNETI, Mayor WITNESSES: (1) Signature PrintcdfTyped Name (2) Signature PrintcdfTyped Name 4 Agenda Item No. 16F7 July 27, 2004 Page 6 of 6 - EXECUTIVE SUMMARY Recommendation to Direct Staff to Prepare an Amendment to Ordinance Number 92-18 Eliminating the Non-Voting Position from The Tourist Development Council OBJECTIVE: For The Board of County Commissioners to direct staff to prepare an Amendment to Ordinance Number 92- 18 to eliminate the non-voting position from the Tourist Development Council. CONSIDERATIONS: On Nov. 24, 1998, the Bee added a non-voting positi<m to the TDC to assist the Council in evaluating grant requests for spC(,.ial event funding. The Tourism Department now has staff expertise in this area and this assistance is no longer needed. The person appointed to this position does not attend TDC mcctings and in accordance with Ordinance # 20Ot-55 has been absent for more than one-half of the Toe meetings, which constitutes a resignation. Since this position is vacant, and County staff has fulfilled the original need for the position, we ask that the BCe direct staff to prepare an amendment to Ordinance No. 92-18 to eliminate this non-voting position. FISCAL IMPACT: No Fiscal Impact from this action -- GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact from this acti on. RECOMMENDATION; To direct staff to prepare an amendment to Ordinance Number 92-18 to eliminate the non-voting position from the Tourist Development Council. ..-. Agenda Item No. 16F8 July 27,2004 Page 1 of 2 Item Number Item Summary Meeting Date Approved By Pat Lehnhard County Manager's Office COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F8 Recommendation to Direct Staff to Prepare an Amendment to Ordinance Number 92-18 Eliminating the Non-Voting Position from The Tourist Development Council 7/27/2004 9:00:00 AM Administrative Assistant Date Office of Management & Budget 7f13/200411:12 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 7f14f2004 3:58 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/15/20042:21 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/15/2004 5:09 PM Approved By Jack Wert County Manager's Office Tourism Director Date Toursim Development Council 7/7/200411 :34 AM Approved By Heidi F. Ashton County Attorney Assistant County Attorney Date County Attorney Office 7/8/20045:04 PM Agenda Item No. 16F8 July 27,2004 Page 2 of 2 .- EXECUTIVE SUMMARY Approve a Budget Amendment to Recognize and Appropriate $14,400 of Isles of Capri Fire DistrIct Impact Fee Revenue OBJECTIVE: Board of Commissioners approval of a budgct amendment to recognize and appropriate $14,400 of Isles of Capri Fire District Impact Fee revenuc. CONSIDERATIONS: The Isles of Capri Fire District is prescntly undergoing growth that is expected to double the present population. Impact Fee rcvenue has been collected that will allow for the purchase of thermal imaging equipment for use both in the new high-rise construction and present infrastructure. Per the County Attorney's office, Impact Fees may be used to fund thc purchase of new equipmcnt in proportion to services that are expanded in order to keep pace with growth. Approximately 90% of the thermal imaging equipment's use will be for new growth. Total cost of the equipment is $16,000 and the $14,400 reflects 90% of the equipment cost. Thc remaining $1,600 will be funded from the Isles of Capri Fire District's FY -04 operating budget. -- FISCAL lMPACT: A budget amendment is needed to appropriate $14,400 in the Thermal Imaging Equipmcnt project (50038) and to recognize impact fec revenues. Source of funds for this purchase is Impact Fee and Ad Valorum. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: TIlat thc Board of Commissioners approve a budget amendment to recognize and appropriate $14,400 of Isles of Capri Fire District Impact Fee Revenue to fund the purchase of thermal imaging equipment. ,.-.. Agenda Item No. 16F9 July 27,2004 Page 1 of 7 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F9 Approve a Budget Amendment to Recognize and Appropriate $14,400 of Isles of Capri Fire District Impact Fee Revenue 7/27/20049:00:00 AM Prepared By Rod Rodriguez Board of County Commissioners Fire Chief 7/15/200412:19:57 PM Approved By Isles of Capri Fire Rescue Darcy Waldron County Manager's Office Senior Administrative Assistant Date Emergency Management 71151200412:20 PM Approved By Dan E. Summers County Manager's Office Emergency Management Director Date Emergency Management 7/16120048:39 AM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/16/20049:47 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 7/19/2004 1: 54 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/19/20044:24 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/19/20046:38 PM Agenda Item No. 16F9 July 27, 2004 Page 2 of 7 ELITE 4775 Mereantile Ave. 111 Naples, Florida 34104 1-239-843-4140 1-8CJ0.e43.4104 FAX E-Mail: .libn~mOaol.eom Website: www.8Iite-fire.com Fire & Safety Equipment, Inc. QUOTAT.ImI Date: J...e 21, 2004 To; Isla 01 Capri Fire B.acuc Aft: AI.ittaat Chid AIaa MrJ ....... 'i SaIeIpeI"IoII: Jeffftt R. ...br Fas: 394--5IQ!! . ~ i " i: " fQty 1: Price I To;;' Daaiotioa Price I Ucla 1 hllanl T3MAX 'I1IenuIlBlapal C..era - 516,0G8-+ iDdlldes: ,i TraM8littia1!l Package .. Gur lUeper : . i; II . UV A 110 CJwgiDc S)'IteBI 'I . Truck Mout CJwpag Sywtua i . wI VCR" S..... Sa-ea TV iD C~ i Cue . wI Calc forCllDltnl ,/ il . 91/ PtdoI Clip TftIIRIitter II ~ ' " :i ,: ,I :' ,: :1 I' i; " I, i ~ :1 I, ! [I " ALL QUUTl!.Y ARB BFFBCTWE FOll. H DAFS ! ~ j' , " Ii ~ ,"2 ;! , . .1 , , :: " TOTAL :1 : Specializing in: Brush Trucks, Ambulances, Rre Fighting Equipment, Foam & Wildfire Equipment 'I Agenda Item No. 16F9 24 HOUF4_~_fUPPLY ~ July 27,2004 I Page 3 of 7 Uij/JO/lU04 WEV 08:36 fAX 6182516020 BANNERFJRE FAX @001 IlUlr RrI ....IIC Quotation FIRE APPARA TUS. EQUIPMENT, & SUPPLIES 4601 HEDGE ROAD EAST ALTON, IL 62024 B88-BAN-F IRE(226-34 73) / FAX - 618-251-6020 DATE 6/23/2004 Quotation # Customer 10 Bill To: Isle of Capri Fire & Rescue Asst Chief Alan McLaughlin Quotation valid until: 7/2312004 Prepared by: M.J, Benker Comments or Special Instructions: Delivery: 45 days ARO. FOB East Alton, II DescriptIon Bullard T3MAX Thermal Camera including: Truck Mount charging system. 12V and 11 OV charging system, transmitting package. pistol grip transmitter. Also included are TV monitor with case. VCR, and camera case $ If you have any questions concerning this quotation contact: Mike Benker, 888-226-3473/mikeb@bannerfire.com THANK YOU FOR YOUR BUSINESS! i~ Agenda Item No. 16F9 July 27, 2004 Page 4 of 7 a6/23/2~04 el;12 678-560-0802 C L CARDER PAGE 01 c. L. Carder & Associates .27. Cnek H__ J)Moe Marietta. ec.rp. 3086.2 .'7' 58 _1 .... "J.566-0102 Fu E-mail: ccsaJesqJ@aot.COIb Rea'tat For Quotatioa: To: IaIe of Capri Fire Raae AJaiatut C..ief Au McLa_plia 0..: June 21, ZOO4 ... Qty 'DiIl-J ~ti- Ua u.Ir T.... Price 1 1 .....nI T3Max Tiler........... Ca.en; I S 17.508 517'- Includes: TtaDSJDitting p~ 12V &. 110 Charging System Truck Mount Charging Systan VCR &: Small Scn:en TV Canying Case Case for Camera Pistol Grip TransmiUcr freight s 240.00 -- Thaftb Fat the oppommity to e&r1II)"OW' bullincu! Total ( 5 J7,'.... ) -- .. Agenda Item No. 16F9 July 27,2004 Page 5 of 7 OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO Chief Emilo Rodriguez, Isles of Capri cc David C. Weigel, County Attorney Robert N. Zachary, Assistant County Attorney R... "2-- FROM DATE July 1,2004 RE Impact Fee Expenditures - RLS No. 04-EMG-00016 Please accept this memorandum in answer to your recent Request for Legal Services. Generally, impact fees are fees imposed by a local government to offset the cost of new development on existing facilities and are valid to the ex.tent that the fees do not exceed a pro-rata share of the reasonably anticipated cost of expansion, where expansion is reasonably required, and the use of the fees is limited to meeting the cost of expansion. Governments must show a reasonable connection between the need for additional capital facilities and growth in the population generated by the development as well as demonstrating that there is a reasonable connection between the expenditure of funds collected and the benefits accruing to the development. You have indicated in your Request for Legal Services that new high-rise construction increases the need for improved search and rescue techniques within these structures, particularly through the use of thermal imaging cameras. You also indicate that growth is driving the need for new information systems not presently in place. You have also indicated that this new equipment would not be used exclusively for new development. Consequently, I do not believe that you can use 100% impact fees to purchase the new thermal imaging cameras and mobile data equipment. It is my opinion that you can make a reasonable estimate of what percentage new growth and development has impacted your overall level of services. You would then apply impact fee revenue to the purchase of new equipment in proportion to services that are expanded in order to keep pace with that growth and development. If you have any further questions, please do not hesitate to contact me at 774-8400. RNZlg CP\04-E.\lIG-00016 ]MemoRodriguez Agenda Item No. 16F9 July 27,2004 Page 6 of 7 ;,....:r'.c (\r rHE ........1 IV_ vr I \~OUNTY ATTORNf:"Y ITEM NO.: FILE NO., () .If..J t;rl G OtJO Ie. ROUTED TO: 200~ JUN 10 PH 3:ma-ERECEIVED: DO NOT WRITE ABOVE THIS SPACE (Orlg. 9/89; Rev. 6197) REQUEST FOR LEGAL SERVICES (please type or print) Date: 6/1 0/2004 To: Office of the County Attorney, Attn: Robert Zachery From: EmiJo Rodriguez (Name) Chief (Title) Emergency Management (Division) Isles of Capri (Department) Telephone # (Very Important): 394-8770 Re: Impact Fee Expenditures (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information. be sJ)eCific. concise. and articulate.) Can impact fees be applied to purchasing thermal iD12ling cameras? New high.rise construction bas developed the need for improved search and rescue techniques within these structures. ' Can impact fees be applied to purchasing new mobile data equipment? Expanded services and response from growth is driving the need for information systems not presently in place. (Are there documents or other information needed to review this matter? If yes, attach and reference this information.) This item has not been previously submitted. (If previously submitted provide County Attorney's omee FUe No.) ACTION REQUESTED: (Be very specific. Identity exactly what you need in the way ollqal services.) Request legal interpretation for expenditure of impact fees for purchasing new thermal imaging cameras and mobile data terminals OTHER COMMENTS: c.;....-c..- yz-[?-- 7 - { - DY cc: Dan Summers (::1!! requests must be copied to your appropriate Division Head or Constitutional Omcer.) Agenda Item No. 16F9 July 27, 2004 Page 7 of 7 EXECUTIVE SUMMARY Approve a Budget Amendment to Recognize and Appropriate $30,000 of Unanticipated Revenue from the Isles of Capri Fire District Inspection Fees OBJECTIVE: Board of Commissioners approval of a budget amendment to recognize and appropriate $30,()()() of unanticipated revenue from the Isles of Capri Fire District Inspection Fees. CONSIDERATIONS: The Fire Inspector position is funded from fees charged for fire safety inspections of new construction. Funds from Fire Inspection revenue are needed to fund the Fire Inspector's salary through the cnd of Fiscal Y car 04. FISCAL IMPACT: Total unanticipated Inspection Fce Revenue of $30.000 will be recognized as revenue and appropriated to Regular Salaries in Isles of Capri Fire District. .....'--. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Exccutive Summary. RECOMLVIENDATION: That the Board of Commissioners approve a budget amendment to recognize and appropriate $30,<Xx) of unanticipated revenue from the Isles of Capri Fire District Inspection Fees. ..- Agenda Item No. 16F10 July 27, 2004 Page 1 of 2 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F10 Approve a Budget Amendment to Recognize and Appropriate $30,000 of Unanticipated Revenue from the Isles of Capri Fire District Inspection Fees. 7/27/2004 ~l;OO:OO AM Prepared By Rod Rodriguez Board of County Commissioners Fire Chief 7/15/200411:13:01 AM Approved By Isles of Capri Fire Rescue Darcy Waldron County Manager's Office Senior Administrative Assistant Date Emergency Management 7115/200411:21 AM Approved By Dan E. Summers County Manager's Office Emergency Management Director Date Emergency Management 7/16/20048:39 AM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/16/20049:16 AM Approved By Robin Johnson County Manager's Office Management/Budget Analyst Date Office of Management & Budget 7/16/2004 1: 29 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/16/20043:36 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/16120043:42 PM Agenda Item No. 16F10 July 27,2004 Page 2 of 2 .- APPROVAl.. 01" BUl>GI':r AMJ<:NDl\1Jt:NTS Bee Agenda of7/27/04 VanderbUt Beach MSTU (Fund 143) Budget Amendment #04-359 ,Operating ExDCnses Mulch $15.000 Reserves Reserve for Capital Total (15,~) -0- Explanation: Funds arc needed to pay for balance of FY 04 operating expenses. hIes of Capri Fire (Fund 144) Budget Amendment #{}4.375 Operating EXDCnses Other Operating Supplies $24,000 Reserves Reserve for Contingencies (24JX)()) .- Total -0- EXDlanatinn: Funds are needed for increased use of operating supplies; Ochopee "Ire Control Distrid Budget Amendment #{}4-.~76 ~rating Expense~ Building Repair & Maintcnance - Outside Vendor $24.368 Reserves Reserve for Contingencies (24,368) Explanation: Funds arc needed for roof repairs at the Ochopcc Fire and Everglades City Fire Stations. .- Prepared by: Pat Lehnhard Dale: 7.15.04 Page I of 1 Agenda Item No, 16F11 July 27,2004 Page 1 of 2 Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F11 Approval of Budget Amendment Report 7/27/20049:00:00 AM Management & Budget Director Office of Management & Budget Date 7/19/200412:16 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office Date 7/19120041 :08 PM Agenda Item No. 16F11 July 27, 2004 Page 2 of 2 EXECUTIVE SUl\'IMARY Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $6,000,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance tbe acquisition of the Arthrex Building for the County Transportation Division; autborizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in tbe loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution authorizing a loan from the Commercial Paper Pro!:,>Tam in an amount not to exceed $6,000,000 to finance the acquisition of the Arthrex Building for the County Transportation Division. - CONSIDERATIONS: On June 22, 2004 (agcnda item lOH) the Board of County Commissioners approved the purchase of the Arthrex Building for the County Transportation Division with financing provided through a Commercial Paper loan. Staff was also authorized to prepare a Commcrcial Paper Loan Resolution to be ratified by the Board at the July 27,2004 Commission meeting. FISCAL Il\tIPACT: A loan in an amount not to exceed $6,000,000 that shall be repaid with moneys derived from a covenant to budget and appropriate legally available non-ad valorem revenues. The ad-valorem taxing power of the County will never be necessary or authorized to make the loan repayments. Estimatcd debt service (assuming a 5% interest rate is $607,eX)(). Funding for the loan repayment is included in the FY 05 budget. GROWTH MANAGEMENT IMPACT: Thcre is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution authorizing a loan in an amount not to exceed $6,000,000 from the Commercial Paper Loan Program as the funding source for the acquisition of the Arthrex Building. -, Agenda Item No, 16F12 July 27, 2004 Page 1 of 9 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F12 Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $6,000,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission ;Jursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the acquisition of the Arthrex Building for the County Transportation Division; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. 7/27/20049:00:00 AM Prepared By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/19/2004 11 :03 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/19/2004 11 :21 AM Agenda Item No. 16F12 July 27, 2004 Page 2 of9 RESOLUTION NO. 2004-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $6,000,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION OF A CERTAIN BUILDING FOR THE COUNTY'S TRANSPORTATION DIVISION, INCLUDING THE REIMBURSEMENT OF CERT AIN EXPENSES INCURRED BY THE COUNTY IN CONNECTION THEREWITH, IF NECESSARY; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law, "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5,02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. Agenda Item No. 16F12 July 27, 2004 Page 3 of 9 "Board" means the Board of County Commissioners of the County. "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf, "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto, "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw" means the borrowing of money under the Loan Agreement In accordance with Article HI thereof. "Finance Director" means the Director of Finance and Accounting and such other person as may be duly authorized to act on his or her behalf. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreem.;:nt. "Loan Agreement" means the Loan Agreement, dated as of Aprill2, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan No. A-29" means the Loan designated as "Loan No, A-29" the proceeds of which are to be used to finance Project A-29. "Loan Note" means a note of the County evidencing the obligations incurred under the Loan Agreement by the county on account of a Draw made in regard to a Loan, which shall be in substantially the form provided in Exhibit I to the Loan Agreement. "Loan Rate" has the meaning set forth in the Loan Agreement. _. 2 Agenda Item No. 16F12 July 27, 2004 Page 4 of9 "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. "Non-Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission, "Project A-29" means the costs and expenses relating to the acquisition of a certain building and property located at 2885 South Horseshoe Drive, Naples, Florida, commonly referred to as the Arthrex Building, and as more particularly described in the plans and specifications on file with the Count y. This building is intended to house the Transportation Division including Administration, Engineering and Construction Management, Traffic Operations, alternative Transportation Modes, Planning and Stormwater Management. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender, Words importing the singular number include the plural number, and vice versa. 3 Agenda Item No. 16F12 July 27, 2004 Page 5 of 9 SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution IS adopted pursuant to the provisions of the Act. SECTION 3. declared that: FINDINGS. It IS hereby ascertained, determined and (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the County, desiring to finance and refinance the cost of acquiring, constructing and equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements. (D) There is presently a need by the county to finance Project A-29 and the most cost-effective means by which to finance Project A-29 is by the use of moneys obtained pursuant to the Program by means of Loan No. A-29. (E) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No, A-29 pursuant to the terms of the Loan Agreement and the fmancing of Project A-29 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (G) Loan No. A-29 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. (H) Due to the potential volatility of the market for tax-exempt obligations such as the Note or Notes to be issued evidencing Loan No. A-29, the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218,385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter "...-' 4 Agenda Item No, 16F12 July 27,2004 Page 6 of9 the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes, SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No. A-29 in the aggregate amount of not exceeding $6,000,000 for the purpose of providing the County with sufficient funds to finance, refinance or reimburse the costs of Project A-29. The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf of the County the Loan Note and other documents, instruments, agreements and certificates necessary or desirable to effectuate the Loan as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A-29 shall reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit 1. The Finance Director shall determine the date or dates of funding of Loan No, A-29 and the amounts thereof in accordance with the terms of the Loan Agreement as appropriate to finance Project A-29 and is permitted by the Loan Agreement. Loan No. A-29 shall mature in accordance with the provisions described in Schedule I attached hereto or in such other amounts and at such other times as the Finance Director may determine. Loan No. A-29 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A-29-1 shall be 30 basis points or such other amount as Wachovia Bank and the Finance Director shall agree. SECTION 5. AUTHORIZATION OF PROJECT A-29. The County does hereby authorize the acquisition of Project A-29 and the reimbursement of any costs incurred by the County with respect to Project A-29 within the prior 60 days which are approved by Bond Counsel to the Program, SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay Loan No. A-29 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No, A-29 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues, SECTION 7. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Lo an Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to 5 Agenda Item No. 16F12 July 27, 2004 Page 7 of 9 be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 8. SEVERABILITY. If anyone or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 27th day of July, 2004, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) By: DONNA FIALA, Chairman ATTEST: Dwight E. Brock, Clerk Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Patrick G. White, Assistant County Attorney 6 Agenda Item No. 16F12 July 27, 2004 Page 8 of 9 SCHEDULE I PROPOSED LOAN REPAYMENT SCHEDULE The principal of the Loan shall be repaid as follows (or on such other date or dates and in such amounts as the Finance Director shall determine): Date Principal Repayment March 1, 2005 March 7, 2006 March 6, 2007 March 6, 2008 $ 300,000 300,000 300,000 5,100,000 Interest on the Loan shall be paid monthly in accordance with the terms and provisions of the Loan Agreement. Additional Payments shall also be made in accordance with the Loan Agreement. Agenda Item No. 16F12 July 27,2004 Page 9 of 9 EXECUTIVE SUlVIMARY Recommendation to adopt 8 Resolution authorizing the horrowing of an amount not to exceed $21,400,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the acquisition of certain real property within the County, collectively known as America's Business Park, including the reimbursement of certain expenses incurred by the County in connection therewith, if necessary; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and deUvery of such other documents as may be necessary to effect such borrowing; and providing an effective date. OBJECTIVE: That the Board of County Commissioners adopts the attached Resolution authorizing a loan from the Commercial Paper Program in an amount not to exceed $21,400,000 to finance the acquisition of the certain real property located within the County, collectively known as America's Business Park, pursuant to thc Conservation Collicr program. -' CONSIDERATIONS: On June 22, 2004 (agenda item 16A5) the Board of County Commissioners approved the purchase of the real property collectively known as the America's Busincss Park for $21,311,050. The America's Business Park parcels include a total of 77.31 acres located east of Old U.S. 41 on the north side of the proposed EastlWest Livingston Road extension. In this Executive Summary staff noted that an interim Commercial Paper loan might be required due to the schedulcd lato summer closing. Staff has initiated work on the general obligation bond for Conservation Collier land acquisition. The ncw Financial Advisor contract is scheduled for Board approval on July 27, 2004. Howevcr, due to the scheduled latc summcr closing requirements for this purchase, staff recommends use of Commer(,;al Paper loan proceeds to facilitate thc closing on these properties. The general obligation bond proceeds would then be used to retire the Commercial Papcr loan. FISCAL IMPACT: A loan in an amount not to exceed $21,400,000 that shall be repaid with moneys derived from a covenant to budget and appropriate legally available non-ad valorem revenues. This Commercial Paper loan will be retired upon the issuance of a general obligation bond for the Conservation Collier program. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. --- RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution authorizing a loan in an amount not to cxceed $21.400,()(X) from the Commcrcial Paper Loan Program as the funding source for the acquisition of the America's Business Park properties. Agenda Item No. 16F13 July 27,2004 Page 1 of 9 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F13 Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $21,400,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the acquisition of certain real property within the County, collectively known as America's Business Park, including the reimbursement of certain expenses incurred by the County in connection therewith, if necessary; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date, 7/27/20049:00:00 AM Prepared By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/19/200412:19 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/19/20041 :30 PM Agenda Item No, 16F13 July 27, 2004 Page 2 of 9 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $21,400,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE COUNTY, COLLECTIVELY KNOWN AS Al\1ERICA'S BUSINESS P ARK, INCLUDING THE REndBURSEMENT OF CERTAIN EXPENSES L\'CURRED BY THE COUNTY IN CONNECTION THEREWITH, IF l'\cCESSARY; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; Al'JD PROVIDING At"I EFFECTIVE DATE, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions oflaw. "Additional Paymen ts" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. Agenda Item No, 16F13 July 27, 2004 Page 3 of 9 "Board" means the Board of County Commissioners of the County. "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of the Board, and such other person as may be duly authorized to act 0':1 his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto, "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw" means the borrowing of money under the Loan Agreement In accordance with Article III thereof. "Finance Director" means the Director of Finance and Accounting and such other person as may be duly authorized to act on his or her behalf. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan No. A-30" means the Loan designated as "Loan No. A-3D" the proceeds of which are to be used to finance Project A-30. "Loan Note" means a note of the County evidencing the obligations incurred under the Loan Agreement by the county on account of a Draw made in regard to a Loan, which shall be in substantially the form provided in Exhibit I to the Loan Agreement. "Loan Rate" has the meaning set forth in the Loan Agreement. 2 Agenda Item No. 16F13 July 27, 2004 Page 4 of 9 "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. "Non-Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission, "Project A-30" means the costs and expenses relating to the acquisition of certain real property located within the County, collectively known as America's Business Park, pursuant to the Conservation Collier Program, as more particularly described in the plans and specifications on file with the County. The Tax Identification Numbers for the parcels are 00143120009, 00144200009, 00144800001, 0014484003, 00144880005, 00145000004, 00144920004, 00144440005, 00145480006, 00144640009, 00145681009 and 00145680204. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution, Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. 3 Agenda Item No. 16F13 July 27,2004 Page 5 of 9 SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. declared that: FINDINGS. It IS hereby ascertained, determined and (A) The Commission has been e~tablished for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the County, desiring to finance and refinance the cost of acquiring, constructing and equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements. (D) There is presently a need by the county to finance Project A-30 and the most cost-effective means by which to finance Project A-30 is by the use of moneys obtained pursuant to the Program by means of Loan No. A-30. (E) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No. A-30 pursuant to the terms of the Loan Agreement and the fmancing of Project A-30 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (G) Loan No. A-30 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. (H) Due to the potential volatility of the market for tax-exempt obligations such as the Note or Notes to be issued evidencing Loan No. A-30, the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218,385(1), Florida Statutes, allowing the County to utilize the Program in which it participates [rom time to time and to enter 4 Agenda Item No. 16F13 July 27,2004 Page 6 of 9 the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No, A-30 in the aggregate amount of not exceeding $l1,400,000 for the purpose of providing the County with sufficient funds to fmance, refinance or reimburse the costs of Project A-30. The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf of the County the Loan Note and other documents, instruments, agreements and certificates necessary or desirable to effectuate the Loan as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No, A-30 shall reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit 1. The Finance Director shall determine the date or dates of funding of Loan No. A-30 and the amounts thereof in accordance with the terms of the Loan Agreement as appropriate to finance Project A-30 and is permitted by the Loan Agreement. Loan No. A-30 shall mature in accordance with the provisions described in Schedule I attached hereto or in such other amounts and at such other times as the Finance Director may determine. Loan No. A-30 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A-30-1 shall be 30 basis points or such other amount as Wachovia Bank and the Finance Director shall agree. SECTION 5. AUTHORIZA TION OF PROJECT A-30. The County does hereby authorize the acquisition of Project A-30 and the reimbursement of any costs incurred by the County with respect to Project A-30 within the prior 60 days which are approved by Bond Counsel to the Program, SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay Loan No, A-30 will be secured by a pledge of and lien upon the Designated Revenues in xcordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A-30 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 7. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the wan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to 5 Agenda Item No, 16F13 July 27, 2004 Page 7 of 9 be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 8. SEVERABILITY. If anyone or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. AU resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. nUL Y ADOPTED this 2ih day of July, 2004. ,.,- BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) By: DONNA FIALA, Chairman ATTEST: Dwight E, Brock, Clerk Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Patrick G. White, Assistant County Attorney 6 Agenda Item No. 16F13 July 27, 2004 Page 8 of 9 SCHEDULE I PROPOSED LOAN REPAYMENT SCHEDULE The principal of the Loan shall be repaid as follows (or on such other date or dates and in such amounts as the Finance Director shall determine): Date Principal Repavment March 1, 2005 $21,400,000 Interest on the Loan shall be paid monthly in accordance with the terms and provisions of the Loan Agreement. Additional Payments shall also be made in accordance with the Loan Agreement. Agenda Item No, 16F13 July 27,2004 Page 9 of 9 EXECUTIVE SUMMARY Recommendation to approve contract for RFP 04.3607 with Public Financial Management, Inc., (PFM) for Financial Advisory Services OBJECTIVE: That the Board of County Commissioners approve a contract with Public Financial Management, Inc., to serve as Financial Advisor to Collier County. CONSIDERATIONS: William R. Hough & Co. served as Financial Advisor to Collier County since December 1997. The Financial Advisor to Collier County must be able to provide a full scope of financial advisory services and demonstrate expcrience in thc delivery of those services including: assisting the County in developing a long-tenn plan to address all proposed capital needs and how these needs should be funded, assisting the County with interpretation and implementation of provisions on outstanding bond issues, periodically reviewing all outstanding bond issues to determine and recommend if refunding or resttUcturing of these issues is in the County's best interest, as well as services required to specific public offering of securities, public sale of bonds, negotiated sale of bonds, and other financial services as needed. Due to the expiration of the existing contract, a request for proposals (RFP 04-3607) was publicly adveltised on April 2, 2004. Notices were sent to 57 firms with 25 firms requesting full packages. A total of 5 responscs were rcceivcd by thc duc datc of April 23, 2004. A Sclcction Committce mceting was held May 21, 2004, and after review and discussion of the proposals, the committee ranked the films as follows: 1. Public Financial Management, Inc, 2. First Southwest Company 3. RBC Dain Rauscher 4. Kirkpatrick, Pettis, Smith, Polian, Inc. 5. Stifel, Nicolaus & Company, Inc. Staff has successfully negotiated a contract with the top-ranked firm, Public Financial Management, Inc., achieving a cost savings from the original proposal in hourly rates, fees for services related to the issuance of bonds or notes issued by the County, a cap on the maximum fee per issue and reduction of the minimum fee per issue. The term of the agreement is a two (2) year period ti'om the date of execution and may be renewed for two additional one-year periods. 4fr<h ~ No. Ib FI4 JV Il{ 2'7, zw.t ~Q. l o.{L 2.. Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F14 Recommendation to approve contract for RFP 04-3607 with Public Financial Management, Inc" (PFM) for Financial Advisory Services 7/27/20049:00:00 AM Prepared By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/20/200412:42 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/20/20041:01 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/20/2004 1: 16 PM Agenda Item No. 16F14 July 27, 2004 Page 3 of 3 William R. Hough & Co. was used primarily in structuring bond issues for Collier County. The following chart identifies the annual expenses associated with the Financial Advisor contract. Fiscal Year FY04 FY03 FY02 FYOl FYOO FY99 Historical Financial Advisor Expenses $32,680.00 $88,335.90 $34,785.20 $13,747.00 $ 6,562.50 $40,819.57 GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. FISCAL IMPACT: The cost of service will be determined by the type and frequency of service requested. The variability in the annual Financial Advisor expenses are directly related to the number and size of bonds issued in a given year. As noted in the chart above, annual expenses ranged from $6,562.50 in FY 00 to $88,335.90 in FY 03. The County Manager or his designee must authorize any special project work, Any non-General Fund work performed will be charged directly to the department and fund for which the services were rendered. RECOMMENDATIONS: That the Board of County Commissioners: 1.) Approve the selection of Public Financial Management, Inc. as the Financial Advisor for Collier County, and 2.) Authorize the Chairman to sign the standard, County Attorney approved contract. ~ :r~ "b. Ib r=tq J0(~ 2'1. 2C04 ~Q... Z of 2. EXECUTIVE SUMMARY Authorize the Airport Authority to accept a grant from the Federal Aviation Administration in the amount of $245,889 for the construction of a parallel taxiway at the Everglades Airpark. OBJECTIVE: To acquire approval for the Airport Authority to accept a grant from the Federal Aviation Administration (FAA) in the amount of $245,889 for the construction of Parallel Taxiway Phase I at the Everglades Airpark. Approval is also needed for the acceptance of a concurrent grant from the Florida Dcpartment of Transportation (FOOT) for $6,471 and for a County match for $6,471 to complete the funding of this project which is budgeted to cost $258,83 t . CONSIDERATION: Under the requirements and provisions of Collier County Ordinance # 2004-3 the acceptance of any and all grant3 awarded for the Collier County Airport Authority requires Board of County Commission approval. Additionally. aU budgct amcndments for the reccipt and cxpcnditure of additional funding for the Airport Authority require Board of County Commission approval. - The FAA has al1o(.~ated entitlement funds for the construction ofa parallel taxiway (Phase I) to conncct the terminal parking area to the North End of Runway 15/33 at the Everglades Airpark. The total project budget is brokcn down as follows: FAA - FcderaJ Grants; $245,889 (95% of total project cost) FOOT Grants: $6,471 (2.5% of total projcct cost) Collier County Match: $6,471 (2.5% of total project cost) Thc FAA grant funding process requires the project to first be put out to bid and bids to be received before the application and award of that project grant. The bids for this project arc scheduled to be opencd on July 17, 2004 at which time the applicationlbid package wi II be reviewed, accepted and a formal grant offer wi II be made to the Airport Authority. This schedule imposes a deadline of August 28,2004 for acceptance of this grant offer. GROWTH IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: The fiscal impact of this budget amendment request is an increase in the Airport Authority genera} fund transfer in the amount of $6,471 to provide for the 2.5% local match for thc Fcdcral (FAA) grant. RECOMMENDATION: That The Board of County Commissioners authorize the Airport Authority to accept the FAA grant and the FOOT grant; that the Board of County Commissioners approve the $6,471 transfer from thc Gcncral Fund; that the Board of County Commissioners approvc the required budget amendments. ,- Agenda Item No, 16G1 July 27, 2004 Page 1 of 2 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16G1 Authorize the Airport Authority to accept a grant from the Federal Aviation Administration in the amount of $245,889 for the construction of a parallel taxiway at the Everglades Airpark 7/27/20049:00:00 AM Prepared By Gene Schmidt County Manager's Office Executive Director 6/18/20043:33:17 PM Airport Authority Approved By Gene Schmidt County Manager's Office Executive Director Date Airport Authority 6/18/20043:25 PM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/21/20049:26 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 7/21/200412:30 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/21/20043:47 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/21/2004 4:57 PM Agenda Item No. 16G1 July 27, 2004 Page 2 of 2 _. EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VAllO PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend functimllevcnt and approve payment by the Clerk. CONSIDERATIONS: Pursuantlo Resolution No. 99-410. the Board of County Commissioners has dctermincd that attcndance at the functions of fraternal, business, environmental, educational. charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Frank Halas FUNCTIONIEVENT: Greater Naples Chamber of Commerce Annual Trade Show' PUBLIC PURPOSE: Meet with community and industry leaders. .- DATE OF FUNCTIONIEVENT: August 25, 2004 FISCAL IMPACT: $15.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Frank Halas to attend function serving a valid public purpose. PREPARED BY: Trisha McPherson, Executive Aide to BCe APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: July 24, 2004 --- Agenda Item No. 16H1 July 27, 2004 Page 1 of 3 Item Number Item Summary Meeting Date Approved By Sue Filson Board of County Commissioners COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H1 Commissioner Halas request for Board approval for payment to attend a function serving a valid public purpose. Attend the Greater Naples Chamber of Commerce 2004 Annual Trade Show, August 25, 2004 at the Naples Beach Hotel; $15.00 to be paid from Commissioner Halas' travel budget. 7/27/20049:00:00 AM Executive Manager to the BCC Date Approved By BCC Office 6/30/2004 10:37 AM James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 716/200412:34 PM Agenda Item No. 16H1 July 27, 2004 Page 2 of 3 From: Napll!S Area Chamber 1~1-262-724S To: Date; 6/8/f?4 .Tlme: 2:06:02 PM Page 1 of 1 , r c.c,""'rl'.Ir.n j. -.- "'''''11: '. ;')t....,. ~{.~,:_ ....-< t,. . ~!' ~;-~- Ii: <", ');;:"1', ',-l V' '.'-'< - '-~'.. , B0(tr'J ,j '. ~)t;~, '<, '~',,;, 'C " - ,:r~ ': rl-- -:.>~atz Naples! Cha"!.~er of Commerce The Greater lVaples Chamber of Commerce Announces its 2004 Annual Trade Show! Wednesday, Augu* 25, 2004 3..00 to 7..00iPM For the fint time ~sr fit... ~rhe Naples Beach Hotel! The Largest Trade Show in Southwest Florida! Event Sponsorship is r.rvailabk, promotional IIf'lte;;al will he going to print vuy soon, to take ad'lantage of heing included as a sponsor. please call Brenda Borch~dt at 239-403..2902 The Naples Beach Hotel affords our Membership the ability to showcase their business in a beautiful, exdting, convenient, and populat setting! This premier Chamber event will bring as many as 1200 people together to new the products and servkes of130 companies under one roof, as well tIS the potintial to network, both "busblesa til bus;ness'1, and to the cilmmunity at la1'1fe! Booth RegistratioJ'J ;s available on IS ~1irst come, first serve:t, basis 6ft Booth Space $395. flO, plu.f tax* 8ft Booth Space S495.qO. plllg tax* Venue layout cQJt be vi4rwed, and resetWUWns m'iIde. by contactmg Brenda BorchllJ'd; 403-2902 Advance dc/u>;tSfor attend~cs CtllJ bt1ipll1'Chll3sdlor $15.00 ellcll *Member pricesl.onty *Prem;er spaces available for ~ Qdditio"Q/ $50.00 * Electric $35.00 iJfneetled CaU soon for your r~ervation! 403-2902 Brmda@,nllpleschainbcr.org Agenda Item No, 16H1 July 27, 2004 Page 3 of 3 - A. Minutes: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE July 27,2004 1. O)lIier County Hispanic Affairs Advisory Board - Agenda for March 25, 2004; .Minutes of March 25, 2004. 2. Development Serviccs Advisory Committee - Minutes of June 2, 2004. 3. 4. 5. 6. ,- 7. 8. 9. 10. .~ H:DatalFonnat a) Budget and Operations Sub-Committee - Minutes of June 16,2004 Environmental Advisory Board - . Agenda for July 7, 2004; Minutes of May 5,2004. Collier County Planning Commission - Agenda for June 17. 2004, July 1, 2004; Minutes of May 6, 2004. Collier County Productivity Committce - Minutcs of May 9, 2004. Vanderbilt Beach M.S.T.U, - Agenda for July 1, 2004~ Minutes of June 3, 2004. Collicr County Domestic Animal Services Advisory Board - Minutes of May 19, 2004. Collier County Coastal Advisory Committee - Minutes of May 13, 2004. Parks and Recreation Advisory Board - Agenda for June 16,2004; Minutes of May 19.2004. Collier County Historical Archacological Preservation Board - Agcnda for J unc 16, 2004; Minutcs of May 19. 2(X)4. Agenda Item No. 1611 July 27,2004 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 1611 Item Summary Miscellaneous items to file for record with action as directed. Meeting Date 7/27/20049:00:00 AM Prepared By Kathleen Martinson Administrative Aide to BCC 7/13/2004 10:14:33 AM Board of County Comm issioners BCC Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/14/20049:34 AM Agenda Item No. 1611 July 27, 2004 Page 2 of 2 EXECUTIVE SUMMARY THE FINANCE AND ACCOUNTING DEPARTMENT SEEKS AUTHORIZATION FROM THE BOARD OF COUNTY COMMISSIONERS TO FILE THE STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT FOR THE FISCAL YEAR 2002-2003 AS REQUIRED BY FLORIDA STATUTE 218.32. OBJECTIVE: To receive approval, including the execution of the Certification by the Chairman of the Board of County Commissioners, to file the State of Florida Annual Local Government Financial Report for the fiscal year 2002-2003 as required by Florida Statute 218.32. CONSIDERATIONS: As part of the annual audit, the Finance and Accounting Department is responsible for completing and filing all statutorily mandated reports. Included in these reports is the Department of Banking and Finance State of Florida Annual Local Government Financial Report. This report documents the revenues and expenditures for a given fiscal cycle in accordance with the State of Florida Uniform Accounting System. The report has been reviewed by the external auditors and found to be in agreement with the Comprehensive Annual Financial Report filed with the Board of County Commissioners on June 22, 2004. FISCAL IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners authorize the Finance and Accounting Department to file the aforementioned report, in executed form, with the Department of Banking and Finance. . Johnssen eneral Accounting Manager Reviewed By:;;i;- r: ~zd J s L. Mitchell, CIA, CFE, CBA Director of Finance and Aceounting / " -- Prepared By: Date: r/(ta"f Date: ~4-.h y { . Agenda Item No. 16J 1 July 27,2004 Page 1 of 45 s .! I ~ ~!i ~" I I I 0 ftji ~ 1 f .... I J II i \ HI I ~~ i ~ ~ I i II J l ~ If I : i {t j~i 1 1 ~ I '<<a!d oJ"! I i a ! -~_T t ~:..~ J~,h U I J J () .::-.. !If ,s~:E I iii ~ Ii j ~ .. J; i ~ i' CG '2 g ~ ~ -i' Ih ~id j~i I t Mo , ~ Iii ~ i ~ ~ ~ j i Ii f1 ! 11 ~ 1 ~ i, ~ i ~ j J file i 88 il i ~ h1 ~ ~ ",t I .;t1 ;80& Oln 10111 IIi1i _~,-! l~lf 8U: Ii: I I '.11. ..11 6....~ ...I .~~~ Ii 1:.s1 >0 =-.. 'i j I j fl, ~ i J"I 8. ] ~ 'a i E i ~ ; :2 >lli: I .a f c~B :r~~:;:) c i~!II [gj /J a .:r~ ' ~ nr- \'.-nnll~lll'!'ln. nl-lll I I I i I I I I I I : I i II. . I . I I .1 I ' I I \ i I I I I I I I I I I I ' I I ~ I 'I I i ... .I~ I. I. \ I I I . . j' ~. ~:g ~ ~J ! 1 \~ 1 i II I , ~ I :< ~ I I~ ru J j~ tt Ii] l~ l~ I ,l~ I l. a ~_ a l.: ~ ~ ~ EiD 1lI~" ..~~ zzfS I I I I ~ ,~ - I j I I ~ ~ = ~ ~ e ~ ~ ~ ~ ~ ~ ~ ~ Q 'g 'g ,~ ~ ., 8 ~ ~ Ql !.l ~ ~ ~ :I:Ol\lIll~:>'S 1lI5a@ ~x I: ~ ~ ~. g A E ~ ~ 0 c ~ ~ ~ u 0 ~ w ~ ~ 0 ~ I I j I ~ I. ~ & ft ~ = il 8 ~ !i ~ ~ J~ 8 Jb .... 1 ~ il:: g it Ii I.. r 1f~nl-11 r nl- II I I II ~ I I I \ II i I I \ I II I I 11 I I I II : I 'I \ Q\' I j I I I: . I I \. I i I \ I II ~III.I fJ o i~jIJ~ ~!J~~3 : ~ 'I ~ ,- s · ~ ~ ~ 'i ti,~ ~ >- Til ~ ~ 'i ~ ~ i Jl 0 ~ 11 !ij;!~zd~lt~ ! ::J ! "E ~ i ~ t ~ o ;:l C> u '0 .:.< So. ,I ~ i IS i 'S ! ~ ~ ~ ~ ;) ! ~. u:: :i l <3 v 't5 S e l , ~ .liP l!s : I ~-.;tLO -,o-.;t c.oo_ ~NO cir--:-N ZNQ) E>-O> -CCl Q):Ja. ..... -, CCl -0 C Q) 0> <t: c ~ '0 !: e ., .a JO ~ i x UJ ... o ... .c .:.< So. ,~ Ql ~ ~ G ,i ;! i== COMPONENT UNIT REPORTING - Part 1 The special districts listed below are identified by the Department of Community Affairs as dependent on your county. Please indictate whether these districts have been included as component units in your report and the presentation according to the Governmental Accounting Standards Board, Statement 14, The Reporting Entity. "Independently Reported" should include only dependent districts that are not component umts of your reporting entity. "No Report Submitted" should include any dependent districts that are component units and should have been included with your reporting entity but did not, or did not within a reasonable time, provide financial information necessary to comply with Section 218.32( I), F.S. Please list any other component units which are Included with your reporting entity that are not listed below, Include any independent special districts that are reported by your entity 1000 11 Collier County 300538 Collier County Airpon Authority 301236 Collier County Educational Facilities Authority 300539 Collier County Health Facilities Authority 300540 Collier County Housing Finance Authority 300541 Collier County Industrial Development Auth 300542 Collier County Water-Sewer District ~ f\,f:H~n W'3t7 BRa Se.~ District -~d.\o-J'w~Tt-<( --~-- ~1onday, November 17. 2003 Agenda Item No, 16J1 ~~~27, 2004 Page 3 of 45 COMPONENT UNIT REPORTING - Part 2 Use this part to report the total revenues and expenditures of each local governmental entity that is a component unit included in the annual finacial report of the reporting entity, either blended or discretely presented Total Expenditures 100011 Component Units of Collier County Total Revenues ~ uS::'/ ,lS~ IrS ~ ~~~ ~o. 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N ~ CO N CO >. ,..: ~ CO :5 0 0 0 0 a. .... ro ~ 0 I C Q) E c '- Q) > 0 Q Q) C) <<i 0 I- Item Number Item Summary Meeting Date Approved By Pat Lehnhard County Manager's Office COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J1 Request authorization to file the State of Florida Annual Local Government Financial Report for the Fiscal Year 2002-2003 as required by Florida Statute 218,32. 7/27/20049:00:00 AM Administrative Assistant Date Office of Management & Budget 7/13/200411 :20 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/15/20043:17 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/16/200411:57 AM Agenda Item No. 16J1 July 27, 2004 Page 45 of 45 .-. EXECUTIVE SUMMARY Recommendation to authorize staff to prepare and submit an application for the lease of submerged land (aquaculture) from the State of Florida for two 2-acre plots for marine research in aquaculture. OBJECI1VE: That the Board of County Commissioners autnorize staff to prepare and submit an application for the lc.lse of submerged land (aquaculture) from the State of Florida for two 2-acre plots for marine research in aquaculture. CONSIDERATIONS: On March 9. 2004, the Board voiced it.. support for the aquaculture initiative in Collier County and authorized its Chainnan to author a letter to Mark: Bcrogan, Chief of the Division of Aquaculture, DOACS, requcsting the agency's consideration of ccrtain ,,1itctia. such as lease sizc and nwnocr, boundaries, preference of applicants, etc. As patt of that request, the Board asked that parcels be reserved for research activities for the development of improved techniques and new products compatible to this area and affecting the ultimate suecess of hard clam aquaculture in this area. ,,.-L As a result Mr. Berrigan has inquired as to whether Collier County will be applying t()r submerged land leases for this purpose. The COlmty may submit a lease application for two 2-aL'TC parcels for marine research. According to Mr. Benigan. the application tee of $200 can be waivcd for the County. in addition, a survey would need to be pcrt(mned atter approval of the application. TI1C llilOual rental amount for the lca'lC is $26 per acre, which amounLS to $104 for the 2 proposed parcels. The tenn of the lease is ten years with an option to renew. However, the County can terminate the lease at any time in the future should it dcsire. This application will be submitted to the Board of Trustees along with the commclt,'ial applications resulting from this initiative, which are currently under review by Mr. Berrigan's agency. Although the COWlty will not be conducting research. obtaining the lease will provide the opportunity 1'01' other agencies or educational institutions to engage in educational llild research programs for the benefit of the aquaculture industry. Florida Gulf Coast University and the Rookery Bay National Estuatinc Research Reserve have expressed an interest in conducting rese.arch if a lease of the submerged land is acquired. Such progmms may directly benefit the fledging aquaculture industry in Collier County. Should the Board authorize staff to apply for the lease. it should also di.rect staff to coordinate with and assist other agencies and local universities and educational institutions which may be interested in conducting research on thcse parcels. The County, along with other qualified applicants, will be listed in the request for authorization to be considered by the Board of Trustees of the Internal Improvement Trust Fund, This request is slated for September 21. 2004. Upon approval, the County would then have its individual lease parcels surveyed, and the survey would be submitted for approval to the Department of Environmental Protection's (DEP) Bureau of Surveying and Mapping. After the Department receives the approved survey and legal description of the lease parcel, the lease instrument will be executed and recorded. .-' Agenda Item No. 16K1 July 27,2004 Page 1 of 9 GROWTH l\1Ai"JAGEMENT IMPACT: None. FISCAL li'\tPACf: The costs associated with the application, induding surveying and recording fees, should not exceed $2,000. Funds arc available in the General Revenue Fund. RECOl\IMENDATION: That the Board of County Commissioners authorize staff to prepare and submit an application for the submerged land leases and initiate and coordinate interest among local and state agencies and educational institutions for the use of the leased lands for marine research in the field of aquaculture. .,..--.. .-.. , Agenda Item No. 16K1 July 27, 2004 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16K1 Item Summary Recommendation to authorize staff to prepare and submit an application for the lease of submerged land (aquaculture) from the State of Florida for two 2.acre plots for marine research in aquaculture. Meeting Date 7/27/20049:00:00 AM Prepared By Jeffrey C. Clapper Legal Assistant 7/16/20043:18:35 PM County Attorney County Attorney Office Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 7/19/20049:01 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/19/2004 11 :29 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/19/200412:20 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/19/20041:44 PM Agenda Item No. 16K1 July 27, 2004 Page 3 of 9 .:. 9B~o/~~ ~~ ~fY~ 3301 East Tamiami Trail. N<lfl4eS. l'1orida 34112. 4I1n (2J9} 774-8097 . Fax (239) 774-3602 ;fi) Donna Fiala District 1 Frank Halas Dlslr1ct 2 Tom Hennlng D<st1ict 3 Feed W, Coyle Dls1lict 4 Jim Coletta Dis1lict 5 March 11, 2004 Mr. Mark Berrigan, Chief Division of Aquaculture 1203 Governor's Square Boulevard Tallahassee, FL 32301 ,...., Cj = = :?~. - ::s: r;.. z: .... ;;0 ~c5 U1 m ~O ~ --I -n :r. 0_ 0 ::o:::t zm .r rr. w .< Dear Mr, Berrigan: At the March 9, 2004 Collier County Board of County Commissioners meeting, the commissioners once again voiced their support for the aquaculture initiative in Collier County. While you-r agency has been extremely helpful I the preliminary phases of setting up clam farming, we would like to ask for further assistance as we move this process forward. The fength of time for the lease allocation process (in excess of three years) combined with a somewhat depressed market has reduced the number of fishermen willing to confront the challenge of starting up a new enterprise. Therefore, the Board of County Commissioners has indicated that they would like to pursue the small scale development of clam farming in the County (referenced as alternative #1 in your FebruarY 16, 2004 letter to Commissioner Coletta). We have approximately 20 potential applicants interested in clam farming and would like to ask that the Division of Aquaculture hold a workshop with these individuals to provide assistance completing application forms and discuss the requirements for each survey area, We would also ask that preferential treatment be given to those individuals who have shown interest in the project for some time now by attending meetings, assisting >Nrth field projects and otherwise contributing to the ongoing process. OOACS staff is familiar with these persons. Other Collier County residents may be considered for lease allocation, with a limit of 20 persons on a first come, first served basis. We envision that these 20 individuals provide a cornerstone for later expansion of the industry in Collier County. Agenda Item No. 16K1 July 27, 2004 Page 4 of 9 March 11, 2004 Mr. Mark Berrigan Page Two Since the number of potential applicants has been reduced to twenty from the seventy we had originally assumed, we would like to request that each individual be granted a two-acre parcel at each of the two sites with lease boundary easements of 50 feet incorporated into each lease area. We feel that having a parcel at each site increases chance for success (not putting all eggs in one basket). Additionally we would like to ask for the inclusion of a provision on all leases prohibiting the transfer or sale of a lease for a minimum of three years. In addition to the parcels for commercial activity, we ask that parcels be allocated for research activities. We encourage research and development of improved techniques and new products compatible to this area, further ensuring the success of clam farming in Collier County, We are interested in scheduling this workshop as soon as possible so that we may have interested participants complete the application process and have this item placed on the Board of Trustees agenda for their review and approval. Please ask your staff to contact Beth Walsh at 239-774-8383 or e-mail bethwalsh@collierQov.net to schedule the workshop. Sinrr' J~ OO~hairman Board of County Commissioners cc: Jim Coletta, Commissioner, District 5 Beth Walsh, Assistant to the County Manager Ellen Chadwell, Assistant County Attomey Mac Hatcher, Environmental Services Matt Finn Agenda Item No. 16K1 July 27,2004 Page 5 of 9 . Florida Department of Agriculture and Consumer Services Division of Aquaculture CHARLES H. BRONSON COMMISSIONER APPLICATION FOR A STATE-OWNED SOVEREIGNlY SUBMERGED LAND (AQUACULTURE) LEASE Section 253,69, F.S, Application No, (Official Use Only) Please Type or Print LCglbly APPLICA1VT INFORMATION: N,,,"\.1E ADDRESS CITY STATE lIP TELEPHONE NUMBER DATE OF BIRTH DESCRIBE THE TRAIXIKG, EXPERIENCE. AND EDUeA TIO:-l THAT YOU HA VE OBTAI1'<1:D (OR JR.A.INING/EDUCATION THAT YOU WILL OBTAIN IN THE FUTL'RE) REGARDING TIffi PERFORMA:'<CE OF AQUACULTURE ACTIVITIES AND YOUR ABILITY TO DO THE WORK: DESCRIBE ANY \1ARll\1: RESOURCE OR PUBLIC HEALTH VIOLATIONS INVOLVING Al'-t'Y CO~'V1CTION(S) WITHY); THE LAST FIVE YEARS: (Please note that any substantial conviction !ll!!1 be cause tor the denial of this request by the Department), PRODUCT TO BE CUI. TrY A TED ?,case check one of the followin~: Clam; Oysters Clams & Oys~rs Live Rock Other DACS-15102 09/01 lof4 Agenda Item No. 16K1 July 27,2004 Page 6 of 9 LOCATION: Township City I Town Range Section County Waterbody Latitude Longitude DESCRIBE TIlE GENERAL SITE CHARACTERISTICS: LEASE BrSINESS DEVELOPC\1ENT PLAN: PROPOSED LEASE TERlVl.: YEARS SIZE OF PROPOSED LEASE AREA: ACRES DESCRIBE THE AOUACCLTURE ACTIVITIES TO BE CONDUCTED. INCLUDING \VHETHER SUCH ACTIVITIES ARE TO BE EXPERIMENTAL OR COMMERCIAL. DESCRIBE THE SUPPLY SOURCE OF SEED STOCK OR ROCK PRODUcrS' (Describe all species or characteristics of each roclc type, etc,), DESCRIBE THE PRODUCTION TECffi\l10UES INCLUDING TIIE EOUrPMENT PROPOSED TO BE !JTILIZED IN CONJUNCTlO:'-l WITH PL^,"''TTNG AND HARVESTTh'G AcrIVITIES: (Include a deScrll'lion of all nurserY methods includmg storalle ). DACS,15l0Z 09101 20f4 Agenda Item No. 16K1 July 27, 2004 Page 7 of 9 DESCRIBE HOW THE ACREAGE WILL BE DEVELOPED AND THE LENGTH OF TIME IT WILL TAKE TO COMPLETELY DEVELOP THE LEASE AREA THROUGHOUT THE TER'\{ OF THE PROPOSED LEASE: (In th.e first year. second year. third year. etc,) DESCRIBE THE A.MOUNT OF PRODUCT THAT YOU PLAN TO HARVEST EACH YEAR,. THROUGHOUT ruE TER.,\01 OF THE PROPOSED LEASE: DESCRIBE TIlE DISTRIBUTION OF THE PRODUCT AFTER HARVEST: GENERAL INFORMATION: DO YOU POSSESS A SAt TW A TER PRODUCTS LICENSE? Yes ( ) :-<0 ( ) If yes. do you possess a Restricted Species Endorsement along with it> Yes ( ) No ( D....CS.15\02 01.)':01 30f4 Agenda Item No. 16K1 July 27,2004 Page 8 of 9 DO YOU POSSESS A SPECIAL ACTIVITIES LICENSE? Yes { r No ( If yes, please descnbe the activity that you are performing in conjunction with it. DO YOU POSSESS A MARINE LIFE ENDORSEMENT! Yes ( ) No ( DO YOU POSSESS AN AQUACULTh"RE CERTIFICATION FOR ANOTHER PROJECT SITE? Yes ( ) No () lfyes, Number DO YOU OWN THE RIPARIAN UPLA."ID PROPERTY? Yes ( ) No ( [f"ves" Dlease attach a CODY of the warranty deed and answer the folIoMnS! Questions: Linear feet of water front property: Local zornng and specific Use: If "no" please describe the location of access to the proposed lease site. ADDITIONAL Th'FORMATION: Before the Department deems the application to be complete, the Department will require that the applicant provide the names and addresses of each owner of property lying within 1,000 feet of the parcel, as shown on the latest county tax assessment roll and certified by the county property appraiser. Subsequent to final approval of the application, but prior to the issuance of the lease, the applicant shall provide two pnnts of a survey of the parcel pursuant to section 18-21.008(3)(a)3, Florida Administrative Code, For questions regarding this form or the application process, please call the Division of Aquaculture at (850) 488-5471. Applicant's Signature Date Org, Code: 42-15-02-01,000 Expansion Option Identifier: A2 Object Cod.: 001237 Fee amount: 5200,00 D,KS-\5102 09:01 40f4 Agenda Item No. 16K1 July 27, 2004 Page 9 of 9 -- EXECUTIVE SUMMARY Recommendation to approve a Partial Release of Lien imposed in Resolution No. 20()0.. 373, Resolution No. 2003.279 and Resolution No. 2003-407, relating to code enforcement violations on property owned by Mr. Leonard Wisniewski. OBJE('''TIVE: That the Board of County Commissioners approve the proposed Partial Release of Lien from Resolution No. 2000-373, Resolution No. 2003-279 and Resolution No. 2003-407. relating to code enforcement violations on property owned by Mr. Leonard Wisniewski. CONSIDERATION: The Board of County Commissioners has issued three separate resolutions imposing liens for lot mowing and Jitter rcmoval assessments on property owned by Mr. Leonard Wisniewski, more particularly described as Lots 33 & 34, Block 5. Mainline Subdivision. Resolution No. 2000-373, adopted on November 14, 2000, Resolution No. 2003-279. adopted on September 9,2003, and Resolution No. 2003-407, adopted on November 18,2003 each impose liens on the partic:ularpropcrty, but also on all real property owned by Mr. Leonard Wisniewski pursuant to Collicr County Ordinancc No. 99-51. as amendcd. .- On June 7, 2004, the Office of the Collier County Attorney received a lettcr from Gregory L. Urbanek, Esq., whose firm, Goodlcttc Coleman & Johnson, P.A., represents the City of Marco Island. The City of Marco Island is in the process of purchasing a small portion of real property owned by Mr. Leonard Wisniewski for the purpose of right-of-way improvements. A copy of the sales contract between the City of Marco Island and Leonard Wisniewski is attached. The subject property is an undevelopable 50 foot tract of land (approximately .47 acres) identificd as Tract RB, Marco Beach Unit 25, located along San Marco Road, within the municipal city limits of Marco Island. The property identified was not the subject of the said resolutions adopted by the County. No code enf()rcement violations are currently on record for this property. The City of Marco Island, through its attorney, is requesting that Collier County execute a pmtial release of lien from said resolutions, applying only to the ~mbject property, so that thc City may go forward with the purchase of Mr. Wisniewski's land for right-of-way improvements. A Partial Release will not affect the operation of these liens on Lots 33 & 34 (violated property) or any other property owned by Mr. Wisniewski, but will merely release this specific tract of land. Staff has reviewed the terms stated in the Partial Release of Lien and considers them to be reasonable. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. --- Agenda Item No. 16K2 July 27,2004 Page 1 of 10 RECOl'vlMENDA TION: That the Board of County Commissioners: 1. Approve a partial release of lien imposed in Resolution No. 2()(x)"373, Resolution No. 2(XB-279 and Resolution No. 2003-407; and 2. Authorize the Chairman to execute the Partial Release of Lien upon submittal by staff; and 3. Direct staff to submit the Partial Rclea.'>C of Lien to Mr. Urbanek for recording in the public records of Collier County. _. Agenda Item No. 16K2 July 27, 2004 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16K2 Item Summary Recommendation to approve a Partial Release of Lien imposed in Resolution No, 2000-373, Resolution No. 2003-279 and Resolution No, 2003-407, relating to code enforcement violations on property owned by Mr. Leonard Wisniewski. Meeting Date 7/27/20049:00:00 AM Prepared By Jeffrey C. Clapper Legal Assistant 7i12/20044:28:38 PM County Attorney County Attorney Office Approved By Michelle Edwards Arnold Code Enforcement Director Date Community Development & Environmental Services Code Enforcement 7/12/20046;34 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 7/12/20048;39 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 7/14/200411:21 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 7119/20049:29 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/19/2004 11 :08 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 7/19/200412:42 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/19120042:54 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/19120045:45 PM Agenda Item No, 16K2 July 27, 2004 Page 3 of 10 PARTIAL RELEASE OF LIENS This Partial Release of Liem; is made by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter referred to as "County", in favor of the CITY OF MARCO ISLAND. hereinafter referred to as "City". WITNESSETH: WHEREAS, the County has adopted Resolution No. 2000-373, dated November 14, 20CO and recorded in the Public Records of Collier County at OR Book 2750, Page 1985, Resolution No. 2003-279, dated September 9,2003 and recorded in the Public Records of Collier County at OR Book 3396. Page 2752, and Resolution No. 2003-407, dated November 18, 2003 and recorded at OR Book 3462, Page 1653 imposing liens on all real and personal property owned by Leonard Wisniewski; and WHEREAS, the City has contracted to purchase a fee simple interest in property owned by Leonard Wisniewski, more particularly described below; and WHEREAS, the City or \1arco Island has requested that the Board of County Commissioners release this particular tract of land owned by Leonard Wisniewski from the imposition of thesc liens; and WHEREAS, the remaining the tracts of land owned by Wisniewski in Collier County will remain under operation of these liens and arc sufficient security for performance under the Resolutions. NOW THEREFORE, in consideration of Ten Dollars and NollOO ($10.00) and other good and valuable consideration, County does hereby release the following property from the lien created by the Resolutions: That portion of Tract "RB" lying North of Lots 9. 10. 11 and 28. Block 779, a Replat of a portion of MARCO BEACH UN IT TWENTY -FrVE, according to the plat in Plat Book 12, Page 86, Public Records ofCoUicr County, Florida, being more particularly dcscdbed as: Beginning at the Norwest corner or Lot 9, thence North 50 feet, thence Agenda Item No. 16K2 July 27, 2004 Page 4 of 10 Easterly 104.96 feet, thence continue Easterly 162.59 feet, thence continue Easterly along the arc of a curve to the Northeast 78.54 feet to the Northeast corner of Lot 28, thence Westerly 387.55 feet to the POINT OF BEGINNU-..JG. This release cancels the liens against the property described in this release and does not affect the operation of these liens 011 any other real or personal property owned by Leonard Wisniewski. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution and recording of this Paltial Release of Lien, by action of the Board this day of ,2004. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONER COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairwoman Approved as to form & legal sufficiency Assistant County Attorney Ellen T. Chadwell '1 Agenda Item No. 16K2 July 27, 2004 Page 5 of 10 GOODLETTE COLEMAN Fax:239-435-163B I Jun 30 2004 ..- i B:10 P.04 RECEIVED This sales contract provlcled Ii a courtesy to yoll by AtlomeyI'Trtls Insurancs Fund. Inc., provfding eSi&i.cb.aRd WMfonnallon to !he CoIIIsr real.staI. COIT1mun.'ty for eVllr 44 years. Please caD (941) 774-2627 for all your rNI esta18llt1e nl~ n~ CITY 0 G:t ~ SALES CONTRACT (RESIDENTIAL VACANT LAND) SELJ.ER: Le^~~~n WiQ~;QWQ~i Bl1YER: "City of, Marco Island 50 Bald Eagle Drive A!lORfSS:' 1209 North Tamiami Trail, L-79 ADDRD$: ~. Fort Myers, p~ 33903-5356 Marco Islang, FL 34145 l'ELSPHOHE: raEPHON!: ( 239) 389- 5000 . , . . ", .' l.RlN Ac:cEPTAHCE OF THE OFFER (OR ~0f1'ER), SB1.ER has qeed 111 selllIld BUYER his a1-uo./xly. UPON THE TERIwiS AND cammONS WlilOf~, !lie 1'IaI,~ JegaIy desabclas (Ill 'Aaper\(): '. Marco eeach Unit 25 Repla~ Block 779; Tract RB which describes the 50' lying north of lots 5 << 5 (Tract RE,SO' N of lots 9, 104 11"-';.28 ~ ~ ~hlPn;prty It 1. PURCIWC PRICE: The ~ pica{1JSJ H ~ payal:e III fcrws: Car Ni;i deposl il esatIW lit Ihis Mle ct (bj AaIlcnaI deposit 10 be tec:lliYed In esaw CJl IXbIWe _~.. E.'l'edIve DaIs. as dltrlI!tl beIt'.Mr. h !Ie lIIllOlrt ~ ' SleOO 00 :'$ "" $ (e) Prtaeds ~ mMgIgI,l-.y lSae ~ 4(bD {~ ~Lbw)'NcailldMcqjage~~ '~lSlIe~-4(rJ1 . Ce} Other:.. - , (!l The baI;n:e c1ll1a P,Jrd1iI$lI pIb: by Icx:3 caslIiIn dlecIt arm , t.wiw1nfs.dosirJ.~tJ ~&1d~c1~ De?asI ctlIdIs 118 ~ $lIl:jed III cdedla\. 2. PERlOO CF OFFER AND EFFECTlVE DATE: ThIs _IX ll1y a:u'lIerllf. is /llVtIhed f~ ~ SId noIbl d II:QIIlllrlCe dIIYnd 10 ar.ar or~ by ~ 0fI /i 01/ '5 ::;{oc; T:$ f:llStlt DaIe~ 'INs lime id ahal_ blllllll/fln Me! ~ unIaa of1IlWIIe 1I!IIl11hs Ell'dve O. rit1lreannct5ha.l be tle last ctaJe BIlerll1l SI.JYrR a S8..1.ERsipa lri(als IIIfs CcNa:t. WIJW.E)~ UUST 8E ""TED. ~ nELATEST CATE SET FORTH ON THIS CONmACT SHAlL. BE -me E:FFB:TlVE CIA TE.A faastnIIe nI be deemed 10 be.. ~ OlJerlllld aa:epIanCe brfllcSl1e III*dV- 3. CLQSI1G DATE A1CJ POSSESSION: ~ I/1aI ~ it a lime of dry MIl ~ aeIe::1Id by BUYER h the ClIUItr i1l11h1ctllha PIopMy ia /ooII8d, but llpOIl ~ IlCll!ce 10 Ie SELLER, 0fI ~nHrtD*}. Q' picrb.. d8 ~..1IliII81 ansftaflxlG1 piJlIas ~ 'CIaIq Dale'); ~!I:lMvw'.1lI no ~llhaI tlle BUYER bI!! ~tl c:lcse less iIlan Iwo ('2)WlIlllcs"" dalI m III1th lheI1lll'!;lgeCXlllluil".41hll'lIeIrt Clb4.lhld pnIIalI ICl ~ -4 bek:I.f. SIJ'fER tIla! btI ~ Jeg.l11tIMItc11he I'rDperV asa f1a ~ CIlIhll ClosIng OatIl, and saJ.ER sIIaII give posMISIOfI rllIIe ~ 1IC lIle ::IoIiJg en !he ClcM1g DIItv lries$ o!henMM ptMild he!*. ,. , .4. LE1lO') CFPAYWMA=W.NCtIO: (aJ CJ Bl1YER wlpayc:Ul. wrlh 1lO/I'1CI1IllIge amtlimintcmtJ;/lncy; (bJ [J MORTGAGIE COIoLWIloEHT ~ ClAUSE: SUYER's otJliglilons h CD'I6ngiInt ~ BUYER ~ a ~ ~ ('!he M~ ~ ctJ lhe ProPlli'l kt .. ~ d $ . a _" cilhe pIIdJaae price (U In CllIi l6ltnIiIB) III a l1J 0 IlxBf Q' (2) a inlal.....t niIl nat lCl sa:eed __._% pIl'plI' ra:~ ama1tzId 1fmI~ not las II.. ~)WSwilh I balroon IXt saoner ~iII_ ye;n.1F {1J OR (2J IS Nor SELECTED,(1) SIW.1.APPLY. BIJtER shaI, 1tSl1YER'3 ~ make ~ falimctlg 'lltVWl_ days _Ihe ~ DaIs (Iw rsJ da)s.1eft ~ and I pj faifllII'bt lCllllilaln lb. MalgIga CamilrnlrlI nllo '*'" lIIlwms ard CICIlliIlClnI c1lf1e I4qage CarrnlmenL BUYERIhilI rdfoJSELl.ERla ~ ~ uplIIl ~ ci the Mq;.go CalInllmIIlt ,BUYER fait lei c!lIaIn ~ /dg1gage CamDrcr1l de5pIe. gg:xj fli1h db!, IXfaiII b WilM lhe ~ CarIIiImR Ccd1glIIIC1 il wriIqr, on cr brib's . (lnMtO" Me 'McrtgaglI Con&1gen:y CeldlI'. '6tic:h sIIIf be *(6) ll'etb m lis adveOille uneu i1" ~ Is NenBd n bl p\Il:8dIng b/anij. tIlIeIs !Ill paI1R!s lIlUl&liIIy agt'llt In 'Ml!ing tJ llII!end lhe Mco1gage ConIilgllnCy IJeadIile, eilIIer BUYER or SEUfR msy.llJ WIilIn . nollallQ /he cIIv.!r pq-,lllrrDn:illllhil Cailract. WId I!1e deposil(s) shall be rebmId III ~ SELLER'. ~ Illlerrr*la m Conb;t &hall c:ease fD elIIItif SELlER IIt11IveI wrtI!n neb flat BUYER tm rece/wd l.Ile ~ CcmrVIrnn (1l!J9llrlll- r:/ lM1en 1lIa Mc:IftQaQs CaMliImInt _ obliIlIled) jlIi:r III exsa. d SEIlER'. rIg/JI fD tEmliJale 1hIs Olnrract; (I:) 0 ~ MONEY OOTE AND WORTG6.GE TO SEIlER s/lall h_lhe tdIcMfrG ea:ncmic end paymenll!lml: ThI ~ p1lqIaIllIlClII'C shaI be $ _ wfth III lI'Int.Gi i1!1r85l rate d _I'. arraIIZIIdOV8l' _ rsars. Tht hdab~ lIWIdeIced br !he FVdlase AbJey Noll sIraI babrl_)'S1 _lite Cbslng DIU. The pericIfc payrrn IhaIt 0 ~ prt1dpiII' and ~ (eadI ~ Ihe SlIM) OR [J be hlast 0fIIy lIId b8 payable: 0 8l11UaIIy [J IIITilmualy 0 qtIn.1y a [J 1IICIlUiy. 0Iher lrsmIlild ClXlItb1s Ii!he F'U1t:hase Ma'ley NaIe lIId Mt:qage Il:I S8HR .. aJ1lIb!d In 5landa'lI A. IF 4{.). 4(b) or 4{c} ABOVE IS NOT SB..ecreo, 4{aJ SJWl. Af'f'I. Y. ' ~wtI. Cow-Brubr; YI/Iow Copy.Slllll1B~ Q f!l9!l NaplesAJa Bollll of REALlO~ and AaodItIoa flfRNJ!IlafIt ~"-AI Rlg/III RIIIIVId. ~ br I!1IIotattoIs!allclAreaASlCddondRE.'.l.T~. ,Inc. rd ltII CllIiII' r::o&n1,Bar ~llGgJlWllllt PAGE t at J s s $, $1800.00 Agenda Item No. 16K2 July 27, 2004 Page 6 of 10 GOODLETTE COLEMAN Fa~:239-43S-163B f Jun 30 2004 8:10 (' P.OS SALES CONTRACT (RESIDENTIAL VACANT LAND) tar ~ 5. TI11.E EV1OENCE: 'M1hln ~ (30) day1Ia1ir the EIrecllw Dale dill. Ca1~ Q' ~ (20} clIy. pm III UI8 Closing Oat.. whldlMl'lI11l1i1r. (1) 0 SElLER shall delver Ie BUYER as tiIIlI evidence, a CllIl"Ciele 8bsIncl g(!llle from . COITl18I1Y sallsfaclOl)' fa BUYER, CIII1iIed to lit '-tlh& EIfer;tvw DIla d tills Calltact If SEI.J.fR rait ll> lmeIy deiYllf 1Ile abslract. BUYER may lEICllll'ld lI!P~ ~ the same l1JIT1ber g( dIyI 01lII cleIIvery of hi aI:II1racl flltelayed; at (2J 0 BUYC1t, shall cbtI1n atleMltn;:e. iIldSei..I.ER shall pay, at doWlg,~" [lfnotlll1QUnlJa iwa1ed, IIll!llll11lhal1te$10Cl.OO) ~ IleudllleevldBncefrcm SB.LER, iIld shal fuflerprcyQ BI.NEfhiVl acatlllDl:qlyd~ ~awner'. ~ilsllm:e policy. IF (1) OR l2lABOVE IS NOT S8.fCTE0. (1) SHAlt. APPlY. 8. 0tJE DIUGENCE: lCHECK (1) OR (2l.). (1) [J WAIVER OF DUE DILIGENCE: auYER has vIsu8Dy IIlIpeded U1e ~ IIld tlei!nnined ~ tane IS aulIabIe rer BUYER'lln1lI1ded I1!Il, In iI5 CII1'IIlt 'IS ..lDIdllIDll as altle ElIIc1ivI CIltlI c:tllil Calf/aCl BUYER'. cbllgatianto plIdIsse1l1.Prcpei1;y 11 nclClll1llnslrKt~ fIfi ilspedIciw.l8Ii ar ~es; Dr (2) DUE,OILlGENCE: a BUYER i11ds III CIll1GJr;j, ~ (driled IIld deIaled kl SIeIldIril D(b)} ,rllhia Con~ ID delIrtN1e . Wl1eIIIerthe Prop.1yIs SU~ In Bl.J'iER:ucJedlsl:relion, fflrBUYER'..~ \a [IF (1) OR(2) IS NOT ~,If) SlW.LAPPlY,j . 7. (3) ~THERTERNSNl)COrcTlONS: ,... '1. ~i~v of Marco Island to Durchas9S0' y 17q'~~' nr ~rrl~r "~~R lyinq north of Iota, 9, 10 Anp 7~, ~ln~~ 77Q 2. This offer to purchase is contingent: upon the approvaJ. of the Marco Island city Council. (b) ADOENDJM: 11 oDiltionalllrms ar8 i1cxIrpor.QcI ~ ll1is Ca1Iracl bJ sepBl'aIe Addencllm, Il!l8Cil ~ ~ Weale hn ~. . , REAl. EST'ATE TRANSACTION STANDARDS. SeLLS AND !tlY!RACKNOWlEDGE THATTHEY HAW EACH RECENED AHa UVlEWED ReAL EstATE TRANSACTIOH liiTAflDARDS A. TMROUGH T pk~AGES S, 4,;va) I OF T1iS CONmACT, WH.ICHARE lN~TED IH AltD MADi AH INTEGRAL PARr OFT11ISCOtfl'lW:T,ANDSHOUlJ)HOTIl.E:~ORMOOtFlEDExcEPTIN~WGRAl'H10F,1ltl6CONTRACT.,,' . . _,.. '.. ' ' " CI~Y OF MARCO ISLAND (BlIyer's 5qlalLIe) BY: (8liyer's Pri1Ied Name) A. William Moss, City Manager (SelII!I'. RlnIed NaTe) J..GdN A-~D {Dalal l!J q <J...q -6 3 o _ uJU~/fZ; uJ~K/ (Tax 1Jl. Nurriler) [OU) (TIC( l.D. NIITbIr) (SelI!!'S Slgn4ra) (lluYer's SIgnaUe) (Seller's P.rV1led Name) (Buyer's Ptfnled Name) (Dale) (Tax ill. Nllmllel) (Dale) (Tax lD. NIIriB) IOENTFICATlOH OF REAL ESTATE BR0t<ER8 UsIkJg 8<<1br:.. 'At' 671'1 ~ s.1ti9 Brtibr: OEPOSlT RE~EIPT:- . . ~ptgfite'~ depasll is ~ by CJ CIIS~ C wh i!r'r:;:ldiid:'oo' ' " ' to be held il ac:n:M 111 ~lIlal wI1I1l1M! ~.lIld candilbls set fCl11 hill" Conli'8i:L'." . ilnDIl 0_1 0, ~ . By. (1Nert NlIfIlC cI Eaaw ~ {Ils ~ ~AglnO While Copy..8robr; Yellow Copy-SellerlBllyer ctm IAp/II ArIlI6oa1lf oIllEALTOIl,SI8I1U1Auoc16n of Real EstI1I PJ'll'IIIiilIllll, h:.AI Rl;IiI RIeemcL AIl~ byVli Malw Isl&ndAlee~ !\,WlTOFlSe.1nc. andOtt CoIII'CoiInl1BItAllllc:idll\.lJOllfl1,. PAGE 2 0" Agenda Item No. 16K2 July 27, 2004 Page 7 of 10 16A6 RESOWTION NO, 2000- ...l.lJ A RESOLlITlON OF 11m BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF UEN FOR mE COST OF THE ABATEMENT OF PVBUC NUISANCE. IN ACCORDANCE WITH ORDINANCE No. 99.51. AS SUCCESSOR TO ORDINANCE No, 91-47. AS AMENDED WHEREAS, as pnl'fidcdin 0nlilIllIlCC No. 99-51.1IS~IO Ordilllll1CC No. 91-47, lIS arncndaI. Ihc direcl COSlS of abulemcnl o( =tain nuislulccs. including pm;cribcd i1dmjni5lr~li \'C COQ illC1.ll'l'ed by the COUDlY. sltal. be oucsocd against such propeny; lIlId WHEREAS. !he CilIl thmof to !he County IS 10 each pva:1 sl1all be a1cul~d and repoct<d '0 !he Boord of COIIIIIy Commiuioners. .."..her ~Ih I dcocriptiCft of..id ~; and WHEREAS. such assessmenI shaU be . legal, valid and binding obIigOliOll upon the properly .pilUl whi<:h made umil paid: and WHEREAS, \he __ .hlll bc<:ornt due Ind payoble no lAler lIwI1Wcnty (20) daya ollhe dale of Ihc LcpI Notioo of ........1TICII1 """ iDlCRSl shall 0<Cl'\IC on the unpuld boIIlIIlCC bcgirmin, on lhe dlItc thil RcsoIution II recorded at ,he rl14 oflwel.e pcranl 02'10) per annum. NOW, 1liEREFOR1!. BE IT RESOLVED BY THE BOARD Of' COUNTY _ COM1\!!SSJONERS OF COlLIER COUNTY. Fl.OlUDA, ,hat Ihe piopcrty dcombecl.. follows. h"inS been libeled 0( I public TIIlisance after due and proper notice lh=oIlO the OW11eI(s) 0( said Propcrly. ,. henby asscucd the roll"",in, costs 01 such ahaIetncnl.IO wit: &.Mil I.-nI WIirrlleftkJ LEGAL D~IUJITJON: LOTS 33 Ie 34, ILX 5, MtIIrIIIae Sub, P8 I, PG ,.. ~ $675.11 REFt:ItENCD: 1561 ~S6405U1OO8 The County sItIIll mail a NOIke of A_ 01 Uen 10 ,he owncr(s) of Lhc abo'IC dcsaibed propel1)',lIlId if web owner fails 10 pay IUl:h 1SICSS/IlCIII within I_y (20) dlYS hercoI". . tCIIificd copy of lhis RaoIWoD shill be recorded in !he official recorda 0( Collia' County, 10 constil\lle a lien apinst JUdI popcIIy acamIinCIO Jaw, ullless such dim:tion is SUlyed by 1Iti. Boanl upaa appcaI 01 the IIICWlIeIIl by lhc owner. Thia RcaolutiOll p....d lIlId duly adopted by the BoonS of COWIly Commiuioncn of Collier CclInlY. Florida, litis l.!lillay 01 ~ 2000. Attest u to CMlrwM'. sl~, 011,. A TreST: " . BOARD OF COUNTY COMMISSIONERS IlW!o,W . ,..)C"" 0... COWERn'~ By:.'?~-~~ft'-A"''' BY: ~ ~~Clm J.... D. C.rter.Ph.D .ChmI1lWl 2721487 OR: 2750 PG: 1985 _ Is OR/au. lie_II alWJI e..,. n 11/ll/ltH .1 ot:llU HI(If I. 11ICl. WII UC III lanD Appr<n'Cd as to fonn and lcgIlIU~Y: r / /01\ ~~~ TIIDMAS C, PALMER. Assi&lMl COWl!)' AllDmcy lUG 1.11 loti: WJJ ~ TU 101II lIDXl!Ia III /UIOI I1J nit ~ UfNIll5n tlES(JI.l1I'1ll Agenda Item No. 16K2 July 27,2004 Page 8 of 10 RESOLtJTlON NO. 1003- ..2.U A RESOLUTION OF THE BOARD OF COUNTY' COM.'vIlSSIONERS PROVIDINO FOR THE ASSESSMENT OF UEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-5 I, AS SUCCESSOR TO ORDINANCe No. 91-41, ,....s AMENDED WHEREAS, as provided in 0rcIiDancc No. 99-SI, as_to ~No. 91-47, as amended, the direct costs of abm:mc:llt of certain nuisances, indudin& prescribed admln.istmive =t incuned by the COWlty, shall be asessed asainsl such property; llIIli WHEREAS, tb~ cost thereof to the County as to eadI J*Cd shall be eaIcuIaled IIId reported to !be Board of CoUllty Commissioncn, 1o&<<Jlcr willi a dcsaiFtion of said parcel; IIId WHEREAS, sudI assessment shall be a IcpI, valid and bindin& ooliptioa upon die property apins! which mee until paid; IIld WHEREAS, the usessmall shall become due IIId pa)'lble no lazer than lWCIll)' (20) days of the dale of the Legal Notice of Assessmcnl and inloml shall _ on the Wlpaid ba1Incc beginnin& DO the dale this Resolution is recorded at !be rate oftwclve pcn:CIlt (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIOIlo'ERS OF COLLIER COUNTY, FLORIDA, thai the property dlSl:ribed as folloW$, havina been abated of a public nuisance after due and proper notice tbe:e:lf to the nWDer(s) of said property, is hereby assessed !be following COSIS of-.IUCb abalemClll, to wit: ~ WISNIEWSKI, LEONARD LEGAL DESCRIPTION: Lots 33 &: 34, Blk 5, MAlNLJNE SUB. FB I, PO 98. ~S155.00 REFERENCU: 12&1 mLJ.2.1i 564051-4000. The Clerk shall (by leauJl1' mail) mail a copy of Ibis RcsoIlIlioo a1on. with the Notice of Assessment of Lien to the owncr(s) of the u-wescribed property. If witbiQ twenty (20) days of the dale of mai1inC that copy, th~ owner fails 10 deliver payment in l\iI1to Collier Co1lJlly, the Resolution and Notice of A.l_ shall be fCCll'dcd in the official =tds of Collier Councy, aod by rccordiag shall constitute a lien against liIe abovHcscribed real property, and to the extent allowed by law, shaU abo be . lien upon all olhcr real and/or peno1l8l prop<<ty owned by tfIe IIOted property owncr(s) in Collier County. This Resolutio~ and ~'t!!.~ by the Board of CoUllty Cornm.iui<mcrs of Collier COUIl%y, Florida, this ~ day o~fl1IMlII!V 2003, ATTEST: DWIGHT E, BROCK. elcrlc BOARD OF COUNTY COMMISSIONERS CO:UI1;; ~ t^.' " TO!1lJ.lCllllillf:, CllainnaIl ""_. M ., c,~ rtI4Ini- qLf.03 ,itJ!"!!I~\.I!"e OO~I. 3259238 OR: 3396 PG: 2752 IICOIIIIII DmCIlJ. ucm. If =wa ClIIIIT. II. OIIUIlMl It ": 11M HIlII' I. naa, CJ.IU IICID !:GnJI 11.51 I." ,.~ '.' >~ . B~..Jl.c. Dcpury Clerk Appro~ Ii III fonn aIld 1ega! 5\!ftk::iency: ..~~~ Thomas C. Palmer, Assistant County Attorney Ita: :wI TIlTIJ IC.IIll mJlOma III Jl.QQI II! Illt ~ UENI usn IIt&SOU.1i'1OH Agenda Item No. 16K2 July 27,2004 Page 9 of 10 RESOLUTION NO. 1003- ~ A RESOLUTION OF THE BOARD OF CO'L'NTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR ruE COST OF THE ABATEMENT OF PUBUC NUISANCE, IN ACCORDANCE ""TIll ORDINANCE No, 99-51. AS AMENDED WHEREAS, as provided in Ordinance No. 99-5 I, as amcnded, the direct costs of abatement of certain nuisances, including presaibed ad:minimalive cose incwm1 by tho ColDllY. shall be assessed agaimt suc!l prope:rty; and WHEREAS, !be cost thereof 10 !be County as to each pon:cl shall be calcu1alcd and reported 10 the Board of COUllty Commissionc:n, togcd1..- with a description of said pUl:d; aod WHEREAS, such 81!seament shall be a leglll, valid and binding obligation upon the propcrt)' against wbich made until paid; and WHEREAS, the assessment shalI become due and l"')'1hlo DO later than twenty (20) days of the date of tho Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the dale this Resolution is rccotded at the r3lc of twelve percent (12%) per IIDIlllD1. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNI'Y COMMISSIONERS OF COllIER COUNTY, FLORIDA, that the property delaibcd 81! follo..... having bcc:n abated of a public nuisance after due and proper notice thereof 10 !be owner{a) of said propcrt)', i. bc:rebyassessed tbe following co&u of such abatement, to wit: ~ WISNIEWSKI, LEONARD LEGAL DESCRIPTION: Lots 33 8& 34, Block S, MAINLINE SUB. PB I, PG 98 of the Public Record$ of Colli..- County. Florida ~ms.oo REFERENCE#: 1368 E2lJWti S6605:uoooa TIle Cleric sbaU (by regular mail) mail a copy of thU Resolution alODg with the Notice of Assessment ofLiClllO theowner(s) of tho abovo-des<:ribod property, Ifwithio twOllty (20) days of the date of mailing thll copy, the owo..- fails to deliver l"')Uleot in full to Collier County, !be ResolutioD and Notice of Assessment shall be recorded in the oflicialrecords of Collier ColDllY, and by rc:cording sha11 constitute a lien against the above-descn"bed rea1 property, and to !be .ment allowed by law, !ball also be a lien upon all other real and/or personal property owned by tile noted propatty ownc:r(s) in Colli..- County, nus Resolution passed and d'uy adopted by the Boan! of CoIlnty Commissiooen of CoUi..- County, Florida, this J..8.... day of No\A"mlw. 2003. BOARD OF COUNTY COMMISSIONERS COLLlERC7'Fk BY: --J~ Tom Henning, CbaiImau r .\ ITEST: DWIG!jTRi.p~!<- Cleric /~~~~~'...~'~.".':~ ~ Byf, .'~ .,,-, , b,(!. , eric' '. '~, - \.... ' t::a:' to Chaf,...... A~~\~J~~ t on11. LegallUn..;(~ ", ~\>~ Thomas C. Palmer, AWstant County Attorney 3311388 OR: 3462 PG: 1653 UCOIIIIll In ~IllCU' UClIIIIt of emln CllIIn, n. 12111/tOOllt lD:SOll maT I. nOCl, a.JII UCID co PIJ S UtA: CUU N ID IC1II ImICnICI llllLOOl. Sri ll11 F: LlENI MSTR. RESDUmoN It,lO !.II Agenda Item No. 16K2 July 27, 2004 Page 10 of 10 EXECUTIVE SUMMARY .- RECOMMENDATION TO HAVE THE BOARD APPROVE THE STlPULA TED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCELS 179 AND 179T IN THE LAWSUIT STYLED COLliER COUNTY V. DR. FRANCISCO O. CORTINA, ET AL., CASE NO. 00-0936-CA (GOLDEN GATE BOULEV ARDPROJECT #63041), OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of Parcels 179/179T for the Golden Gate Boulevard pro.ject in the lawsuit stylcd Collier County v. Dr. Francisco O. Cortina. et al-. Case No. 00-0936-CA. CONSIDERATIONS: On June 6,2000, an Order of Taking was cntered in Collier County Circuit Court regarding the acquisition of Parcels I 7911 79T for the Golden Gate Boulevard project (Project No. 63041). On June 23 2000, Collier County deposited with the Registry of the Court the sum of $6500.00 for Parcels 179/179T in accordance with the Order of Taking. On April 23, 2002, the County made an OfTer of Judgment for Parcels 17981l79T in the amount of $11,400,00, excluding attorney fees and expert fees, which arc statutorily required to be paid, The offer had previously been approved by the Board, ,.....- Through negotiations. the parties ha vc reached a settlement agreement whereby the property owners will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-284). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $16,400.00 to be paid to Respondents, Robert B. Stirling and Ruth E, Stirling, as full compensation for the property rights taken as to Parcels 1791179T, excluding expert rees; and $440.00 to be paid to Brian P. Patchen. Esquire for attorney fees. TIle increased sum to Respondents is due to additional trees in the area taken. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $10,340.00 are available from the Transportation Supported Gas Tax and Impact Fce Funds. Source of funds are Gas Taxes and Impact Fees, GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment: and ') approve the expenditure of the funds as stated. ".-., Agenda Item No. 16K3 July 27, 2004 Page 1 of 8 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K3 Recommendation La have the Board Approve the Slipulated Final Judgment Reiative to the Acquisition of Parcels 179 and 179T in the Lawsuit Styled Collier County v. Dr Francisco 0 Cortin". et ai, Case NO. 00-0936-CA (Golden Gate Boulevard Project #63041). 7127/20049:0000 AM Prepared By Heidi F, Ashton County Attorney Assistant County Attorney 6/21/20049:59:46 AM County Attorney Office Approved By Lisa Taylor Transportion Services Management/Budget Analyst Date Transportation Administration 6/25/2004 1 :28 PM Approved By Kevin Hendricks Transportion Services Right Of Way Acquisition Manager Date Transportation Engineering and Construction 6/29/200412:56 PM Approved By Norm E, Feder. AICP Transportion Services Transportation Division Administrator Date Transportation Services Admin, 6130/200410:50 AM Approved By Gregg R, Strakaluse Transportion Services Transportation Engineering! Construction Mgmt Director Date Transportation Engineering and Construction 6/30i2004 11 :31 AM Approved By David C, Weigel County Attorney County Attorney Date County Attorney Office i'!19i2004 11: 18 AM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/19/200412:16 PM Approved By Susan Usher i;ounty Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 7/19120041:13 PM Approved By Michael Smykowski '':;ounty Manager's Office Management & Budget Director Date Office of Management & Budget 7119i2004 5:20 PM James V, Mudd Approved By Soard of County ':'()mmlSSloners Gounty Manager Date CO\Jrlty Manager's Office i'!19i2004 5 29 PM Agenda Item No. 16K3 July 27,2004 Page 2 of 8 JUN-18'-04 FRI 12:58 EARLE & PATCHEN FAX NO. 3053723691 P. 02 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the Slate of Florida, Case No,; 00-0936-CA Petitioner, YS, Parcel Nos.: 179/1791' DR FRANCISCO O. CORTINA, et al., Respondents. STIPULATED FINAL JUDGMENT WHEREAS this cause having come before the Court upon Joint Motion made by Petitioner, COWER COL'N1Y, FLORIDA. by and through its undersigned counsel, and Respondents, ROBERT B. STIRLING and RUTH E. STIRLING, for entry of a Stipulated Final Judgment as to Parcel Nos. 1791l79T, and it appearing to the Court that the parties are authoriud to make such Motion, the Court finding that the compensation to be paid by Petitioner, COllIER COUNlY, FLORIDA, i':l the full compensation due Respondents, ROBERT B. STIRLING and RUTH E. STlRLrNG, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, ROBERT B. STIRLING and RUTH E. STLRLING, bave and recover from Petitioner, COLLIER COUNIY, FLORIDA, the sum of Six teeD Thousand Four Hundred Dollars and No/lOO ($16,400.00) for Pa.n:el Nos. 179/179T as full raymcnt for the property interests taken and for damages resulting to the remainder, if less than the entire property was tak:en, business damages, and for all other damages in connection with said parcels; it is further Agenda Item No. 16K3 July 27, 2004 Page 3 of 8 JUN-1B-04 FRl 12~59 EARLE & PATCHEN FAX NO, -3053723681 P. 03 ORDERED that Respondents, ROBERT B. STIRLING and RUTH E. STIRLING, receive from Petitioner, COLLIER COUNIY, FLORIDA. as an attorney's fee the sum of FoUl" Hundred Forty DoUan and Nol106 ($440.00); it ill further ORDERED that Petitioner, COLLlER COUNTY, FLORIDA, shall disburse the total amount of NInety-Nine Hundred noDal'l and No/IOO ($9900.00) to EARLE & PATCHEN TRUST ACCOlJNT, c/o Brian P. Patchen, Esquire, 1000 Brickell Avenue, Suite 1112, Miami, FL 33131 equaling the remaining balance of fun comperu;ation of $9900.00 due to Respondents, ROBERT B. STIRLING and RUTH E. STIRLING; it is further ORDERED that this Court reserves jurisdiction to award expert fees and costs pursuant to Section 73.091, F.S.; it is further ORDERED that Petitioner, COLLIER COUNTY. FLORlDA. shall disburse the total amount of Four Hundred Forty DoUan llnd NollOO ($440.00) to BRIAN p, PATCHEN, ESQUIRE, c/o Earle & Patchen, PA,lOOO Brickell Avenue, Suitc 1112, Miami, FL 33131 for attorney's fees; it Is further ORDERED that title to Parcel No. 179, a drainage, sidewalk, utility and maintenance ea<;ement, and Parcel No. I 79T, a temporary driveway restoration easement, being fully d\:SCo'bcd in Exhibit "A" attached hereto and incorporated herein, which vested in PetitiuuCf, COLU.E.R COUNTY, FLORIDA. pursuant to the Order of Taking dated June 6, 2000, and the deposit ofmoncy heretofore made, is approved, ratified, and confinned; it is further ORDERED that Petitioner, COLLlER COUNTY, FLORIDA, agrees that the setback for any construction on the owners' property shall continue to be measured from the right-<Jf-way that cx.isted prior to the easement taking in this casc lUld that the pre-existing garage is not made non-<:onforming as a result of this taking of Parcels 119f179T; it is further Agenda Item No. 16K3 July 27, 2004 Page 4 of 8 JUN-18-04 FRr- 13:00 EARLE & PATCHEN FAX NO. 3053723681 P. 04 ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2653, Page 1231 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 179/179T; and it is further ORDERED that pursuant to Section 74.051(3), F.s. and as to Parcels 175, 178, 178T, 179 and 179T, the Clerk of Courts shall disburse the interest earned on the fimds on deposit to Collier County Board of County Commissioners, cia Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney, 3301 East Tamiami Trail, Naples, FL 34112, less any sums retained by the Clerk of Courts up to 10% in accordance with Section 28.33, F.S.; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of CoUier County, Florida; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of ,2004. CIRCUIT COURT JUDGE confonned copies to: Heidi f. Ashton, Esquire Bnan P. Patchen, Esquire E. Glenn Tucker, Esquire Jean Howard, Esquire Avatar Properties, Inc. Kevin HendricksITranslECM Bookkeeping Agenda Item No. 16K3 July 27,2004 Page 5 of 8 JUN-18-Q4 FRI 13:01 EARLE & PATCHEN FAX NO. 3053723691 P.OS JOINT MOTION FOR STIPULATED FINAL JUDGMENT The PartiC$ hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel Nos. 179/179T. Dated: Dllled: L!dL @ HEIDI F. ASHTON, ESQUIRE Florida BarNo.: 0966770 COUNTY AITORNEY'S OFFICE Hannon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER Florida BarNo.: 157545 EARLE & PATCHEN, PA 1000 Brickell Avenue, Suite 1112 Miami, Florida 33131 (305) 372-1112 - Telephone (305) 372-3691 - Facsimile ATIORNEY FOR RESPONDENTS Agenda Item No. 16K3 July 27, 2004 Page 6 of 8 Or t=ICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORID)\.: ~4112 (941) 774.8192 SI<ETCH OF DESCR!PTION (NOT.A. SURVEY) PROJECT NO. 5JO~ 1 PROJECT PARCEL NO, 179 tt,~'Q r-\c. '3~\1%'X>OCo r LXlHfHT "r-:~ (100' R.O,W.) GOLDEN GATe BOULEVARD NOf1l1IPft0P6Nl'.c ~-~-:-_-:-~\~-:~-::~~~;- \~~3~~,--: -:_~_~::~""'~w^''''" . SIDEWALK, JTILlTY, It ~ MAIN1ENANCE ~^SI:t."~~lT I L, (~ I~ T~-e EAST 1150 FEET iliAC! ,,. 111\ ,--'"1 ~ o lie \::0 TRACT I I / W~ST Pi1OPrn""'l~e --1 I i I I I I I 160' ~- ~'1 rnCP'I!Rfl' Wi I \--- u..,rmQ?EIHy,L:Otl! i '. . I i ,', , CESCRIPTION: , ":" HIE. SQUTll25 r~EET Or-1H€ NOnTH 751='E:E'T OF f''-fE EASr 160 ~'E:r OF Trl!\Ci 11~. GO....O'C.H OA1E EST!\!ES U~~\TNO. S)\$ n'ECOflOEO l:i PLAT BOOK', PAGE 91 OF THE ,UOLlC RECORDS 0, COLli!:R COUNTY. FLOnlDA " .,~ ~~H'l . .~. . . . I j 0:';'<; ".\ / /'~PM~'~..; ."~.~, { .-;7_d . ;;..~; ..1__.2 '?J ~:t1'eb,. l! RIC,...,.OUD .L.a, Z v~':,'f.J~~m~fl€PT, ,......ptEs. nol'<<L\ '4t 'Z i.,"I' fU.NO. GGIlI7~ C:'-It:i-"T t.......... Agenda Item No. 16K3 July 27, 2004 Page 7 of 8 ,- Project No, Parcel No.: Fol i. ... 63041 179 T i'I' ~ . II' 3.1o'fn'i'~ooo(,. EXHIBIT" (01' I . TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) Th'3 Wesl 30 feel of Ihe East 37 feet of the South 30 feet of the Nonh 105 feet of lhe Easl180 feel of Tract 114, Golden Gale Estates Unit No.5, as recorded in PIal Book 4, Page 91 of the Public Records of Collier County, Florida. // , , / );/';},'fjJfj, ".0; (O"~~Ric;i,",Nii.~,,{{.?J/ Agenda Item No. 16K3 July 27, 2004 Page 8 of 8 ,,- EXECUTIVE SUMMARY Recommendation to approve the Mediated Settlement Agreement as to Parcels 739 and 839 in the lawsuit styled CoUier County v. Nancy L. Johnson Perry, et al., Case No. 03.2373-CA (Golden Gate Parkway Road Project 6(027). OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agrcement and Stipulated Final Judgment as to Parcels 739 and 839 in the lawsuit styled Collier County v. Nancy L. Johnson Perry, et al. Case No. 03-2373-CA (Golden Gatc Parkway Road Project 60027). CONSIDERATIONS: On September 12. 2003, an Order of Taking was entered in Col11er County Circuit Court regarding the acquisition of Parcels 739 and 839 for the Golden Gate Parkway Road (Project 6(027). On September 29. 2003. Collier County deposited into the Court Registry the sum of S32,OOO for Parcels 739 and 839 in accordance with the Order of Taking. ,.- On June 14, 2004, at a Mediation Conference. the parties agrecd to a Mediated Settlement Agreement whereby the property owners will be fully and fairly compensated for the property interest taken for public purposes cnum,cratcd in the resolution of condemnation (Resolution No. l(X))-37). The Stipulated Final Judgment provides for a total of $39,000 to be paid to Respondent. Center Point Community Church, Uk/a Grace Bible Church of Naples, Inc., as fun compensation for the property tights taken as to Parcels 739 and 839 and $1.970.10 to Bella Patel, Esq. for attorney fees. This amounts to an additional sum of $7,000 as compensation to the property owner. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $8,970.10 are available in the FY 2004 adopted budget. Source of funds arc Gas Taxes and Impact Fees. GROWTII MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Mediated Settlement Agreement: 2. Approve the expenditure of the funds as stated: 3. Approve a Stipulated Final Judgment based on the terms of the Mediated Scttlement Ab'Tccment, and authorize payment accordingly. Agenda Item No. 16K4 July 27, 2004 Page 1 of 8 .- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16K4 Item Summary Recommendation to approve the Mediated Sett!ement Agreement as to Parcels 739 and 839 in the lawsuit styled Collier County v. Nancy L. Johnson Perry, et 81, Case No. 03-2373-CA (Goiden Gate Parkway Roae] Project 60027). Meeting Date 7/27/20049:00:00 AM Prepared By Sandra Herrera Legal Secretary 6/21/200410:23:23 AM County Attorney County Attorney Office Approved By Kevin Hendricks Right Of Way Acquisition Manager Dale Transportion Services Transportation Engineering and Construction 6i29/2004 12:58 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 6/2912004 2: 37 PM Approved By Norm E, Feder, A1CP Trallsportatio!, Division Administrator Date Transportion Services Transportation Services Admin. 6/3012004 11 :01 AM Approved By Usa Taylor ManagementlBudget Analyst Date Transportion Services Tr2r1Sportatio!1 Administmtion 6aO/200411 :24 AM Appro\'ed By Gregg R. Strakaluse Transportation Engineering! Construction Mgrnt Director Date rrans~ortion Services Transportation Engineering and ConstrLiCUOn 6/30/20041:<16 PM Approved By David C. .'\eigel County Attorney Dale County Attorney County Attorney Office 71191200411:19 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 71191200412:18 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7119/20041:18 PM A pproved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 711912004 S: 22 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 7119120045:38 PM .~-:;:lmmissio~'ers Agenda Item No, 16K4 July 27, 2004 Page 2 of 8 . . IN lEE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision ofthe State of Florida, CASE NO,: 03-2373-CA Petitioner, PARCEL NOS,: 739,839 v, NANCY L. JOHNSON PERRY, Individually, and as Successor Trustee, et aI., Defendants. MEDIATED SETTIEMEN'T AGRFFME~l At a Mediation Conference held on June 14, 2004, the parties reached the following Settlement Agreement: 1. Petitioner will p.ay to Defendant(s), M..e't' ~1;".J.- CoI"\ol"'W1;~ o,ura of IJ</a..- ~ BibJ.e- CJtUt'cJ.. of- Napk!.. :Jiu;.. the sum of $ 3~ (}()(9. oc,4tJO in full settl~ent of all claims for compensation from Petitioner wha~so~er, including statuto!}:. interest, but excluding.attomey's fees, expert's fees, and costs, Pe:h:horter w.,1I fXA.'j PzF~..JI.a.. Q:id/fJfJlAJ.:1f.t/lf, of JI t 97(). l~tXl as 5f<VMry a~~ ~S ~~<Jtd- 7b r"brid:? ~ Ij 73. 09.:;;1.(i.J. 2, Petitioner is entitled to a credit in the amount of$ JC)J 000. 00,400 which was previously deposited in the Registry of the Court in this case by Petitioner. 3, Counsel for Petitioner and Defendant(s) will jointly submit to the Court for signature a mutually approved form of Stipulated Final Judgment of this matter as soon as practical hereafter. 4, Petitioner will pay Defendant(s) the balance due of$ g, 97tJ. /%0 30 days of the entry of the Stipulated Final Judgment by the Court, within Agenda Item No. 16K4 July 27, 2004 Page 3 of 8 . . 5, This Agreement is subject to approval by the Board of County Commissioners of Collier County, ~, Tile CElIHt will. ret!liftjw;sdietiou 1....,,;"" 63 te the A'lattAr "fnefendants ~ttMn~s fees, tllfl'ert':I fee5, ar.d cost'!> 6, " Attached hereto is an Addendum to this Agreement. Yes ../ No 7.1>, This Agreement and the attached addendum, ifany, contain(s) all of the .g'~~L Petitioner ~1I..r~.G4'-d.sc.~~. Defendant Lv~ --Attorney for Petitioner Defen !MJ(-~ Mldiator Attome for Defendant(s) 2 Agenda Item No. 16K4 July 27, 2004 Page 4 of 8 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No. 03-2373..cA v. Parcel Nos.: 739.839 NANCY L. JOHNSON PERRY. Indi vidually. and as Successor Trustee. ct aI.. Respondents. I STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner. COLLIER COUNTY, by and through its undersigned counsel. and Respondent. CENTER POINT COMMUNITY CHURCH, Uk/a GRACE BIBLE CHURCH OF NAPLES, INC., by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 739 and 839, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, is the full compensation due the Respondent, CENTER POINT COMMUNITY CHURCH. f/k/a GRACE BIBLE CHURCH OF NAPLES, INC., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent. GRACE BIBLE CHURCH OF NAPLES, INC., by virtue of a legal name change, is now known as CENTER POINT Agenda Item No. 16K4 July 27, 2004 Page 5 of 8 COMMUNITY CHURCH, and was the legal owner of Parcels 739 and 839, as of the date of deposit by Petitioner; it is futthcr ORDERED AND ADJUDGED that Respondent, CENTER POINT COMMUNITY CHURCH, Uk/a GRACE BIBLE CHURCH OF NAPLES, INC., have and recover from Petitioner, COLLIER COUNTY, the sum of Thirty Nine Thousand and No/1oo Dollars ($39,000) for Parcel Nos. 739 and 839, as full payment for the property interests taken and for damages resulting to the remainder, if less than the enti.re property was taken, busincss damages, and for all other damages in connection with said parcel; it is further ORDERED that Respondent, CENTER POINT COMMUNITY CHURCH,f/kla GRACE BIBLE CHURCH OF NAPLES, INC., receive from Petitioner. COLLIER COUNTY, pursuant to Florida Statue ~73.092( 1), as reasonable attorney's fees, the sum of One Thousand Nine Hundred Seventy and 101100 Dollars ($1,970.10); it is further ORDERED that Petitioner, COLLIER COUNTY, shall pay Eight Thousand Nine Hundred Seventy Dollars and 10/100 Dollars ($8,970.10) to BELLA PATEL, Trust Account., (.~/o Bella Y. Patel, Esq., 13026 Waterford Run Drive, Riverview, Florida 33569, which includes the sum of $7,000.00 for the benefit of Respondent, CENTER POINT COMMUNITY CHURCH, Uk/a GRACE BIBLE CHURCH OF NAPLES, INC.; it is further ORDERED that title to Parcels 739 and 839, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner. COLLIER COUNTY, pursuant to the Order of Taking dated September J 2, 2003, and the deposit of money heretoforc made, arc approved, ratified, and confinued: it is further ^) Agenda Item No. 16K4 July 27, 2004 Page 6 of 8 ORDERED that the terms of the Mediated Settlement Agreement entered into by the palties on June 14. 2004, and having been approved by the Board of County Commissioners on July 27, 2004, are incorporated herein and made a part hereof; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled causc and rccorded in Official Record Book 33] 1, Page 2078 of the Public Records of Collier County, Florida be dismissed as to Parcels 739 and 839; and it is furthcr ORDERED that this Stipulated Fina] Judgment is to be recorded in the Official Records or Collier County. Florida; it is further ORDERED that the Clerk of this Court shall disburse the interest having accrued on the good faith deposit through the date of disbursement to Petitioner, made payable to the Board of Collier County Commissioners; it is furtber ORDERED that this Court reserves jutisdiction for enforcement of this Stipulated Final Judgment and for determination and award of expert witness fees, upon proper motion, by Respondent; it is therefore DONE A01D ORDERED in Chambers at Naples. Collier County, Florida, this _ day of ,2004. LA WRENCE D. MARTIN CIRCUIT COURT JUDGE Conformed copies to: Ellen T. Chadwell, Esq. Bella Patel, Esq. Bookkeeping 3 Agenda Item No. 16K4 July 27,2004 Page 7 of 8 66/18/2864 11:49 8136432~ · J...-1T.Z;44 Ii.l. ,'... . BELLAPAlE.. . PAGE 82 JOl1\1 ~0'l10H FOR STIPULATED lJNAJ.JUl)GMENt n. Paes heIeby ~ aM ~y ~ U>> Coud to .,... ~na DaJad' at to Parcds 139 a:tl.d 8~. Doa~ B'ELLA TEl.. lUtE Rorida Bar No.: ~1670 13026 Waterfr.nod Run Dlivo Ri'o'llMew. l'llXida 33~ (813) ~3-Z762- TfllcpIu:xIo (113) 6C-21511- T&lepbooe ATTORNEY FOllRllSPONDENf I.1.J.JtN T. CJIA1)WELL, UQtJlllE Flc:wtda BIU: No.: 0983UO 0ff1CS OPTB!! COUNTY ATt'ORblEY lUmIcle ~ BuiJ4aa 3301 Eut T~ '1'reI1 NIPJ,eI, Rorida 34112 (239) Tl_.a400 - tckplac:nt (239l 71~ - Foc:similo ATI'OIlNliYl'OJt mmoN.SI. iDlTmCATE Q'f SDVlQj lllllftlby cerdfy !bat a trUe llIId CQIftC( copy ot tiIG ftnJClilDl SljpUlattd PiIllllJudpK:nt ~s becl tumlsht4 Via U,S. MaD 10 C"*,, PoIm ~~tY Olurdt, tN, GtIClI BibJIt Cbll.t'llh of Naples. Inc., clo DeU. Y. Pam. BIq.. 13026 W&l:erfwd ltuo Drive. lUvervi..... Platicla 3356P OIl thi.a -d,ay of . ZOO4. a.:LEN T. CHADWJ!l.L.. ESQ.. 4 Agenda Item No. 16K4 July 27, 2004 Page 8 of 8 .-. EXECUTIVE SUMMARY Recommendation to approve the Stipulated Final Judgment as to Parcel 138 in the lawsuit styled CoUier County v. John Aurigemma, et al., Case No. 04- 344-CA (Vanderbilt Beach Road Project 63051). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as to Parcel 138 in the lawsuit styled Collier County v. 101m Aurigemma, et ai, Case No. 04-344-CA (Vanderbilt Beaeh Road Project 63(51). CONSIDERATIONS: On June 29, 2004, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 138 for the Vanderbilt Beach Road (Project 63(51). Collier County deposited into the Court Regisuy the sum of $22,750 for Parcel 138 in accordance with the Order of Taking. 111e Stipulated Final Judgment provides for a total of $23,750 to be paid to Respondent, David P. Bobay and Dawn E. Bobay as full compensation for the property rights taken as to Parcel 138 This amounts to an additional sum of $l,(X>O as compensation to the property owner. There arc no attorney's fees or costs. .-- Staff has reviewed the County's obligations stated 111 the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $1,000 are available in the FY 2004 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: L Approve the Stipulated Final Judgment and authorize payment accordingly~ 2. Approve the expenditure of the funds as stated. - Agenda Item No. 16K5 July 27, 2004 Page 1 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16K5 Item Summary Recommendation to approve [he Stipulated Final Judgment as 10 Parcel 138 in the lawsuit styled Collier County v. John Aurigemma. et ai, Case No. 04-344- CA (Vanderbilt Beaell Road Project 63051) Meeting Date 7/27/20049:0000 Mil Prepared By Sandra Herrera legal Secretary 6/30/20041:17:25 PM County Attorney County Attorney Office Approved By Transportion Services Transportation Engineeringl Construction Mgmt Director Transportation Engineering and Construction Date Gregg R, Strakaluse 6/3012004 1 :45 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 7i1/2004 3:53 PM Apprond By David C, Weigel County Attorney Date County Attorney County Attorney Office 7/191200411:39 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/19/200412:14 PM .\pproved By Susan Usher Senior ManagementJBudget Analyst Date County Manager's Office Office of Management & Budget 7/19/20041:24 PM ,\pproved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management 8. Budget 7'119/20045:24 PM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 7/19120045:39 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date 'fransportion Services Transportation Engineering and Construction 7/2/20041 :55 PM Approved By Usa Taylor Management/Budget Analyst Date :-r.ansportion Sendces Tr;:msPor1ation Administration 7161200411 :04 AM .\pproved By Ellen T. Chadwell 1.SSlSt,lPt County Attorney Date County Attorney County Attorney Office Agenda Item No, 16K5 JU1.;z~ ~AM Page 2 ur !5 IN THE CIRCUIT COURT OF THE TWENTJETII JUDICIAL CIRCUIT IN Ai"ID FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 04-344-CA- TB v. Parcel No.: 138 JOHN AURIGEMMA, et al. Respondents. I STIPULATED FINAL JUDGMENT AS TO PARCEL 138 TI-IIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, DAVID P. BOBA Y and DAWN E. BOBA Y, for entry of a Stipulated Final Judgment as to Parcel No. 138, and it appearing to the Court that the parties are authorized to make such Motion, the COUlt finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, DAVID P. BOBA Y and DAWN E. BOBA Y, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, DAVID P. BOBA Y and DAWN E. BOBA Y, have and recover from Petitioner, COLLIER COUNTY, the sum of Twenty Three Thousand Seven Hundred Fifty and No/loo DoUars ($23,750.00) for Parcel No. 138 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel, which amount includes the good faith estimate of value of Twenty Two Thousand Seven Hundred Fifty and No/tOO Dollars ($22,750.00); it is further Agenda Item No. 16K5 July 27, 2004 Page 3 of 5 ORDERED that Petitioner, COLLIER COUNTY, shall pay the additional sum of One Thousand and No/tOO Dollars ($1,000.00) to Respondents, DAVID P. BOBA Y and DAWN E. BOBA Y. 780 Logan Blvd. N., Naples, FL 34119-1423; it is further ORDERED that disbursement to Respondents, DAVID P. BOBA Y and DAWN E. BOBA Y, is subject to any claims of mortgagees; it is further ORDERED that title to Parcel No. 138, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated June 29,2004, and the deposit of money heretofore made. are approved, ratitied, and confirmed; it is fmther ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Oflicial Record Book 3489, Page J 908 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 138; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County. Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of , 2004. TED BROUSSEAU Circuit County Judge Conformed Copies to: Ellen T. Chadwell, Assistant County Anorney David P. Bobay Dawn E. Bobay E. Glenn Tucker, Esq. Mortgage Elcctronic Registration Systems, Inc. ') Agenda Item No. 16K5 July 27, 2004 Page 4 of 5 .. JOINT MOTION FOR STIPULATED FINAL J1.)DGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing DAWN E, BO AY 780 Logan Blvd. N. i\aplcs, FL 34119-1423 239/ 348-&339 - Telephone RESPONDEl\ is Dated: t It /01 t~v~ {LLEN T. CHADWELL. ESQUIRE Florida Bar No. 0983860 COUNTY A TIORNEY'S OFFICE I Iannon Turner Building 330\ East Tamiami Trail Naples, Florida 341 12 239/774-8400 - Telephone 239/774-0225 - Facsimile A TIORNEY FOR PETITIONER .~ ~ Alo~ ~~~ ,&fr;u- ~ ;t;/ui1 ~I~ 13 ~.!}..JJD1 ,~ q)~P~ 9~ ~0~ . ~p~J-'~~J~ ~~~. I ~Jt:,. lIl\IIe MIler . !J j My CommiNlofl DODllO ~...~ ~Mlofa,2.(IOt J Agenda Item No. 16K5 July 27, 2004 Page 5 of 5 ,,~,..'.'"'''' EXECUTIVE SUMMARY Recommendation to approve the Agreed Order A warding Guardian Ad Litem Fees as to Parcel 326 in the lawsuit styled Collier County v. Agnaldo DeLima, et al., Case No. 00-1967-CA, Golden Gate Blvd. II Project 63041 (total cost of $489.00). OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Guardian Ad Litem Fees for fees and costs associated with serving as Guardian Ad Litem on behalf of Respondent, Ruth Herclman, for the Golden Gate Blvd. Project in the lawsuit styled Collier County v. Agnafdo DeLima, et ai., Case No. OO-I967-CA. CONSIDER.t\ TIONS: On September 12, 2000, an Order of Taking wus entercd in Collicr County Circuit Court regarding the fee simple acquisition of Parcel 326 for the Golden Gate Blvd. Project (Project No. 63041). On September 28, 2000, Collier County deposited into the Court Registry the sum of $900.00 for Parcel 326 in accordance with the Order of Taking. ,- On January 26, 2004, an Order was entered by the Court appointing Tamara L. Nicola, Esq., to serve as Guardian Ad Litem on behalf of Respondent, Ruth Berdman. On May 5, 2004, a Stipulated Final Judgment was entered, providing that $2,000.00 be paid to Respondent, Ruth Bcrclman, as full compensation for the property rights takcn as to Parcel 326. On June 30, 2004, Tamara L. Nicola, Esq.. submitted invoices for fees and costs associated with her service as Guardian Ad Litem in the amount of $489.00. This total is bascd on an hourly rate of $90Ihr, which is reasonable and consistcnt with the standard rate for such services. Staff has reviewed the County's obligations stated in the Agreed Order Awarding Guardian Ad Litem Fees and considers them to be reasonable. FISCAL IlVlPACT: Funds in the amount of $489.00 are available in the FY 04 adopted budget. Source of funds arc Gas Taxes and/or Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order Awarding Guardian Ad Litcm Fees~ 2. Approve the expenditure of funds as stated; and 3. Direct staff to pay the sum of $489.00 to Tamara L. Nicola, Esq. ,-. Agenda Item No. 16K6 July 27,2004 Page 1 of 4 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMiSSIONERS 16K6 Recommendation to approve the Agreed Order Awarding Guardian Ad Litem Fees 3S to Parcei 326 in the lawsuit styled Collier County v. Agnaldo Delima, et ai., Case No. 00-1967 -CA, Golden Gate Blvd I I Proiect 63041 (total cost of $489,00), 7/271200490000 AM 719/20048:34:56 AM Prepared By Heidi F. Ashton County Attorney Assistant County Attorney County Attorney Office Date Approved By Kevin Hendricks Transportion Services Right Of Way Acquisition Manager Transportation Engtl1eerhlg and Construction 7112120044:26 PM Date Approved By Norm E, Feder, AiC? Transportion Services Transportation Division Administrator Transportation Services Adm"" 7113!2004 9:27 AM Date Approved By Lisa Taylor Transportion Services Management/Budget Analyst Transportation Administration 7/131200411 :34 AM Date Approved By David C, 'Neigel County Attorney County Attorney County Attorney Office 7!1912004 11 :41 AM Administrative Assistant Date Approved By Pat Lehnhard C,)unty Manager's Office Office of Management & Budget 71191200412:21 PM Date ,\pproved By Susan Usher County Ma'1ager's Office Sen ior ManagementfBudget Analyst Office of Management & Budget 7119/20041:38 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 7/19120045:17 PM Date Approved By James V, Mudd Board of County Commissioners County Manager County Manager's Office 7119120046:28 PM Approved By Gregg R. Strakaluse Transportion Services Transportation Engineeringl Construction Mgmt Director Date Transportation Engineering and Construction 7/9120049:49 AM Agenda Item No, 16K6 July 27,2004 Page 2 of 4 IN THE CIRCUIT COURT OF THE lWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: OO-1967-cA Petitioner, Parcel No.: 326 vs. AGNALDO DELIMA, et al. Respondents. I AGREED ORDER AWARDING GUARDIAN AD LITEM FEES AS TO PARCEL 326 THIS MA TIER, having come before the court upon Joint Motion by the Petitioner, by and through its undersigned counsel, and Guardian Ad Litem, TAMARA LYNNE NICOLA, P.A., appointed by this COUlt to serve as a Guardian Ad Litem to Respondent, RUTH BERELMAN, and the Court having been fully advised in the premises thereof, it is ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay a total of Four Hundred Eighty Nine and No/tOO DoUars ($489.00) for Guardian Ad Litem fees with respect to Parcel 326; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total amount of Four Hundred Eighty Nine and No/tOO Dollars ($489.00) to TAMARA LYNNE NICOLA, P.A., GROGAN and NICOLA, 850 Central Ave., Stc. 205, Naples, FL 34102. Except as provided herein, no fees or costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 326. Agenda Item No. 16K6 July 27, 2004 Page 3 of 4 ORDERED tba1 pamIflDt Ul SedioD 74.0S 1 (3), F -S._ u to p~ 311, '21, 321T, 324- & 326, tho C1ak of COU11i IhIll &butso the tmaest e.amed OIl the tmds em dcpod ,., Collia' Coumy Ban ofCcamy ComP1~OIlCIB. do Heid! F. A.sb.too. AaIJtam, Catmty ~1I 0tEac g{1lw Co\m1y Atrame1. 3301 But TIJDiami ~ Naples,..FL 34112,lcss _.... M&ined by the C1e:k ofCo\ltts up to 10% .in ~ with Sr;ctioxl28.33. P.S.; il is ftmbcr DONE AND 0lWBRBD in Naplt,t. ColHcr CoOl11;Y. Florida. this day <J! . 2004. 1'BD BROUSSBAU Circuit Coun: J'Udp Conbmed copks to: Heidi F. .A.ahtoD., Eeq. TamaLynne~E8q,. R:r.Itb. BClClmaD. Awdar ~!Dc. B. GUInn 'lUc:lw. .Esq, ~ J'OINT MOTJOl'lll'Oll Antn'.Im 0lJDP A,WARnING GVAaDlAN AD LtTW :J'&U AS TO P.A.Ill':'ln. 326 The PautiOl hereby ~teqOISl this Court to emzr1h8 ~...... ApI04 Order D.sr:d: tlIR& ~ BEIDI Jr.A.IBTO.N. DQIJIRB .PkJdda Bar No.: 00966T10 OFP.ICE OFnJE COUNTY A1'l'OJlNBY 94raDoG Tamar BuiJcIUIa 3301 East TamJmai nail 'N3p1cs, FIor1dt.J41 ~ C2)9) 77+1400 - Tdepho.ae (2!9) 7740022S . Facsi:rnn.. ATl'ORNBYPOJilPIm1TONEk Bar No.: 00968900 AN and NICOLA 830 Ca.IrAl A~ S1B. 205 Naples. Florida j4t02 (2:39) 261-fi9O&- Tc1epbaae (239) 261-0595 - FaadrJdJ. PTJDLtC OUARDlANFO.R. RES:rONDBNT RUm .BBRBI:.MAN 2 Agenda Item No. 16K6 July 27, 2004 Page 4 of 4 ~3/EB 35l\;fd ~IN C1N'1 ~ g6Set9~6El 9~:8t ~9Btlze/L3 EXECUTIVE SUMMARY Recommendation to approve the Stipulated Final Judgment as to Parcel 146 in the lawsuit styled Collier County v. Elizabeth D. Bloch, et aI., Case No. 03- 2403-CA (Golden Gate Parkway Project 60027). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the casement designated as to Parcel 146 in the lawsuit styled Collier Count)' v. Elizabeth D. Bloch. et ai. Case No. 03- 2403-CA (Golden Gale Parkway Project 60027). CONSIDERA nONS: On September 13, 2003. an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 146 for the Golden Gate Parkway (Project 60027). On Septembcr 26. 2003, Collier County deposited into the Coul1 Registry the sum of $28,200 for Parcel 146 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the propcrty owner. Elizabeth D. Bloch, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2003- 231). The terms of the settlement agreement arc set out in the Stipulated Final Judgment (attached as Ex h ibi t "t "). ....""'....., The Stipulated Final Judgment provides a total of Seventy Six Thousand and NollOO Dollars ($76,000) to be paid to Respondent, Elizabeth D. Bloch, as full compensation for the property rights taken as to Parcel 146 and all damages to the remainder. The Stipulated Final Judgment provides for a negotiated attorney's fee in the amount of Ten Thousand and No/lOO Dollars ($10,000) and Two Thousand Six Hundred Forty and No/tOO Dollars ($2.640) for appraisal fees and costs, pursuant to *73.091, Fla. Stat. This amounts to an additional sum of $47,800 as compensation to thc property owner and reflccts a proposed cure for the residence needed to mitigate the impacts (i.om the project. stafr has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $60,440 arc available in the FY 2004 adopted budget. Souree of funds arc Gas Taxes and Impact Fecs. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Jpprove the Stipulated Final Judgment; 2. approve the expendilure of the funds as staled; and ,- 3. dire!.'t staff to is~uc payments accordingly. Agenda Item No. 16K7 July 27.2004 Page 1 of 6 Item Number Item Summary Meeting Date COLLIER COUNTY 80ARD OF COUNTY COMMISSIONERS 16Kl Recommendation to approve the Stipulated Final Judgment as to Parcei 146 in the 'awsuit styled Coilier County v. Elizabeth 0 Bloch. et ai. Case No. 03-2403, CA iGoiden Gate Parkway PrOject 60(27), 7/27/20049:00:00 AM Prepared By Sandra Herrera County Attorney Legal Secretary 7/13120041:50:45 PM County Attorney Office Date Approved By Lisa Taylor TransportJon Services ManagementJBudget Analyst Transportation Administration 7113/20042:58 PM Norm E. Feder. Alep Date Approved By T'ansportion Services Transportation Division Administrator Tra:1sportation Services Admin. 7/14/20047:22 AM Appro\'ed By Ellen T. Chadwell County Attorney Assistant County Attorney Date County Attorney Office 7il4f2004 11: 22 AM Kevin Hendricks Date Approved By T:""JrisporHcn Sef\lices Right Of Way Acquisition Manager 'fran5portation Engineering and Construction 71141200411:26 AM Approved By G'egg R, Strakaluse T"ransportion Services Transportation Engineeringl Construction Mgmt Director Date Transportation Engineering and Construction 711412004 3: 21 PM Date Approved By David C. Weigel County Attorney County Attorney ':ounty Attorney Office 711912004 11 :42 AM Date Approved By Pat Lehnhard County Manager's Office Administrative Assistant Office of Management & Budget 7119/200412:22 PM Date Approved By Susan Usher County Manager's Office Senior Managemen!i6udget Analyst Otl;ce of Management & Budget 711912004 4; 16 PM Date A pproved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 7119120045:51 PM Date Approved By J;jmes V. Mudd Board of County Cummissiol,ers County Manager Counry :V1anager's Off!ce 7119120046:31 PM Agenda Item No. 16K7 July 27, 2004 Page 2 of 6 IN THE CIRCUIT COURT OF THE nVENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No. 03-2403-CA v. Parcel No.: 146 ELIZABETH D. BLOCH, ct a1. Respondents. I STIPULATED FINAL JUDGMENT AS TO PARCEL 146 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, ELIZABETH D. BLOCH, by and through her undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 146 and it appearing to the Court that the patties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, is the full compensation due the Respondcnl, ELIZABETH D. BLOCH, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, ELIZABETH D. BLOCH. have and recover from Petitioner, COLLIER COUNTY, the sum of Seventy Six Thousand and No/tOO Dollars ($76,000.00) for Parcel No. 146 as full payment for the property intercsl~ taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel, which amount includes the good faith deposit of $28,200: it is further Agenda Item No. 16K7 July 27,2004 Page 3 of 6 ORDERED that Respondent. ELIZABETH D. BLOCH, receive from Petitioner as reasonable attorney's fees the sum of Ten Thousand and No/IOO Dollars ($10,000.00). Except as provided herein, no attorney's fees Of other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 146; it is further ORDERED that the Court award appraisal fees and costs as to Parcel No. 146, in the sum of Two Thousand Six Hundred Forty and No/lOO Dollars ($2,640.00); it is further ORDERED that the Petitioner shall pay the total amount of Sixty Thousand Four Hundred Forty and NollOO Dollars ($60,440.00) to Siket & Solis LLP, Trust Account, clo David T. Lupo, Esquire, AmSouth Bank Building, 1100 Fifth Avenue South, Suite 301, Naples, Florida 34102-6416, which amount includes additional compensation of $47,800. and fees and cost of $12,640; is fUlthcr ORDERED that title to Parccl 146. being fully described in Exhibit "A" attached hereto and incorporated herein, wbicb vestcd in Petitioner, COLLIER COUNTY, pursuant to the Order of Taking dated September 12, 2003. and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3313, Page 1076 of the Public Records of Collier County, Florida be dismissed as to Parcel No, 146; and it is further ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit to Collier County Board of County Commissioners, clo Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney, 3301 East Tamiami Trail, Naples, FL 34112, less any sums retained by the Clerk of Courts up to 10% in accordance with Section 2~.33, F.S.~ it is further 2 Agenda Item No. 16K7 July 27, 2004 Page 4 of 6 7-13-04;11,S7AM:SIKET SOLJS. ~~p , ; 23& 2& I 1 ::.flJ .. 4/ l) M-DT-ZDlW ~:alaa . Frllll" T-541 P.BWOD5 F-43! ORDERED that this Slipula1ed FinalJUdgmeut is [0 be recorded in the Official Rcconis. of Collier County, Florida; it 13 further DONE A..."ID ORDERED in Chambers at Naples. Collier County, Florida, this _ day of .2004. L\ WRE:NCE D. M.-\.RTIN Circuit Judge Conformed copies to: E11~ T. Chadwell, Esq. David T. Lupo, Esq. FloddaPower ctLight Bookkeeping JOINT MOTION FOR STIPULATED FINAL .rvDG~"T The Pwes hereby stipulnre and xespectfully request this Court to enter the ~g Joint Motion for Stipula!edP.inal Judgment as to Parcel 146. Dated: '1 [ fJ.loil DaIed: ~~ DAVID. UPO,BSQUIRE Siket & Soli~ LLP AmSouthBank Building 1100 FIfth Avenue South, Suite 301 Naples, Florida 34102-6416 (239) 261-46731( 209 - Telephone (239) 261-1576 - Facsimile r10rida Bar No. ola'l b~O AITORNBY FOR RESPONDEN1 ELLEN T. CHADWEIJ., ESQUIRE Florida Bar No.: 0983860 Office of the CountY Attorney Harmon Thmer .Building 3301 East Tamiami Trail Naples, Florida 34HZ (239) 774-8400 ~ Telephone (239) 774-0225 - Facs1nu1e A'ITORi'''EY FOR PE1TI10NER Agenda Item No. 16K7 July 27, 2004 Page 5 of 6 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Joint Motion for Stipulated Final Judgment has been furnished via U.S. Maillo those parties listed below on this _day of . 2004. ELLEN T. CHADWELL, ESQUIRE David T. Lupo. Esquire Siket & Solis. LLP AmSouth Bank Building 1100 Fifth Avenue South, Suite 301 Naples, Florida 34102-6416 Florida Power & Lighl do Jean D. Howard, Esq. 9250 W. Flagler Street Miami FL 33174 4 Agenda Item No. 16K7 July 27, 2004 Page 6 of 6 EXECUTIVE SUMMARY Recommendation to Approve the Stipulated Final Judgment Relative to the Acquisition of Parcel 114 in the Lawsuit Styled Collier County v. Marian H. Gerace, as Successor Trustee, et al., Pine Ridge Road Project #60111. OBJECTIVE: Recommendation to approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the casement interests in Parcel 114 for the Pine Ridge Road project in the lawsuit styled Collier County v. Marian H. Gerace, as Successor Trustee, et a!., Case No. 00-0139-CA. CONSIDERATIONS: On April 6, 2()(x), an Order of Taking was entered in Collier County Circuit Court regarding the acqui sition of Pm'cel 114 for the Pine Ridge Road project (Project #60111). On April 27, 2000, Collier County deposited with the Registry of the Court the sum of $20,900 for Parcel 114 in accordance with the Ordcr of Taking. ,,- Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the propel1y interests takcn for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-228). Thc terms of the settlement agreement arc set out in the Stipulated Final Judgment (attached as Exhibit "I"). This settlement is based upon our appraiser's updated valuc of $8 per square foot. This opinion is based on additional comparable sales that were not availablc on the datc of the Ordcr of Taking. By settling now, the County will avoid paying any expert fees and costs of owner, which are none at this time. The Stipulated Final Judgment provides for $90,750.00 to be paid to Respondent, North Naples Fire Control & Rescue District. as full compensation for the property rights taken as to Parcel 114 and $23,050.50 to be paid to John P. Cardillo, Esquire for attorney fees. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of 592,900.50 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds arc Gas Taxes and Impact Fees. GROWTH l\IANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of the funds as stated. .- Agenda Item No. 16K8 July 27,2004 Page 1 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16K8 Item Summary Recommendation to Approve Stipulated Final Judgment Relative to the Acquisition of Parcel 114 in the Lawsuit Styled Collier County v, Marian H, Gerace, as Successor Trustee, et aI., Pine Ridge Road Project #60111. Meeting Date 7/27/20049:00:00 AM Prepared By Heidi F. Ashton Assistant County Attorney 7!16120048:49:46 AM County Attorney County Attorney Office Approved By Lisa Taylor Management/Budget Analyst Date Tr:.lrnportlon Services Transportation Administration 7/161200411:27 AM Approved By Gregg R, Strakaluse Transportation Engineering! Construction Mgmt Director Date Transportion Services Transportation Engineering and Construction 7116/200411:35AM Approved By Norm E, Feder, AIC? Transportation Division Administrator Date Transportion Services Transportation Services Admin, 7119/20047:38 AM ,\ppro~ed By Kevin ;'~t;-ndricks Right Of Way AcqUisition Manager Date Transport;on Services Transportation Engineering and Construction 7/19/20049:21 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 7/19/2004 11 :59 AM Approved By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/19/200412:26 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 7/19120043:32 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7119/20044:29 PM Approved By James V, Mudd County Manager Date Board of County Commissioners County Mimager's Off'ce Agendal~~,~~1%~PM PO!:J0 2 of 8 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the state of Florida, Case No,: 00-0139-CA Petitioner, Parcel: 114 vs, r-.fARIAN H, GERACE, AS SUCCESSOR TR USTEE under the provision of that unrecorded Dedaration of TllJst, dated July 6, 1988, et al. Respondents. STIPULATED FINAL JUDGMENT AS TO PARCEL 114 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COCNTY, FLORIDA. by ~md through its undersigned counsel, and Respondent, NORTH NAPLES FIRE CONTROL & RESCL:E DISTRICT, by and through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 114. and it appearing to the CoUrt that the parties are authorized to make such motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due the Respondent. NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT. and the Court being otherv,'JSe fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent. NORTH NAPLES FfRE CONTROL & RESCUE DISTRICT. recovers from Petitioner, COLLIER COlJNTY, FLORIDA. the sum of 'anety Thousand Seven Hundred Fifty and NO/IOO Dollars ($90,756.00) for Parcel 114 as full payment for the property interests taken and for damages resulting to the remainder, if less Agenda Item No. 16K8 July 27, 2004 Page 3 of 8 than the entire property was taken, and for all other damages, claims or expert fees and costs in connection with said parcel, except for attorney fees; it is further ORDERED that Petitioner, COLLlER COUNTy, FLORIDA, is entitled to a credit of Twenty Thousand Nine Hundred and NOlloo Dollars ($20,900.00), which was deposited in the Registry of the Court in accordance with the Order of Taking and withdrawn by the Respondent; it is further ORDERED that Respondent, NORTH NAPLES FIRE CONTROL & RESCUE DISTRICf, receive from Petitioner, COLLIER COUNTY, FLORIDA, as a reasonable attorney's fee the sum of Twenty Three Thousand Fifty and 50/100 Dollars ($23,050.50), which is based on a benefit achieved on behalf of Respondent in the amount of $69,850.00; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total amount of Ninety Two Thousand Nine Hundred and 50/100 Dollars ($92,900.50) to CARDILLO, KEITH & BONAQUIST TRUST ACCOUNT, c/o John p, Cardillo, Esquire, 3550 East Tamiami Trail, Naples, Florida 34112-4905; it i& further ORDERED that title to Parcel 114, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated April 6, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; it i& further ORDERED that pursuant to SectIon 74,051(3), F.S., and as to Parcel& 102,702 and 114, the Clerk of C;mrts &hall disburse the interest earned on the funds on deposit to Collier County Board of County Commissioners, c/o Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney. 3301 East Tamiami Trail, Naples, FL 34112, less any slims retained by the Clerk of Courts up to 10% in accordance with Section 28,33, F.S,; it is further 2 Agenda Item No. 16K8 July 27, 2004 Page 4 of 8 ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3028, Page 1242 of the Public Records of Collier County, Florida be dismissed as to Parcel 114; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County. Florida. DONE AND ORDERED in Chambers at Naples, Collier County. Florida, this _ day of ,2004. CIRCUIT COURT JUDGE Conformed Copies to: Heidi Ashton. Esq. John p, Cardillo, Esq. Craig B. Willis, Esq, Glenn Tucker, Esq, Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 114. DJ.ted: Dated: ~ JOHN P. CARDILLO Florida Bar No: 0146078 CARDILLO, KEITH & BONAQUIST JSSO East Tarruami Trail :-.iaples, Florida 34112-4999 Telephone: (239) 774-2229 Facsimile: (239) 774-2494 A TIOR.."EY FOR RESPONDENT CRAIG B. WILLIS Florida Bar No,: 0257656 FlXEL, MAGUIRE & WILLIS 211 South Gadsden Street Tallahassee, Florida 32301 Telephone: (850) 681-1800 Facsimile: (850) 681-8780 A TIORNEY FOR PETITIONER 3 Agenda Item No. 16K8 July 27, 2004 Page 5 of 8 CERTIFlCA TE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by United States Mail to Jobn P. CardiUo, Esquire. Cardillo, Keith & Bonaquist, P.A., 3550 East Tamiami Trail, .:-.raples, Florida 334112-4999, and Collier County Tax Collector, c/o Glenn Tucker, Esquire, Rhodes & Tucker. 950 North Collier Boulevard. Marco Island, Florida 34145 on this _ day of July, 2004. Craig B. Willis, Esquire 4 Agenda Item No. 16K8 July 27, 2004 Page 6 of 8 -~-- -- 'PUBlI NORKS ENGINEERING l .PARTMENT 3301 EAST T AMIAMI TRAIL NAPLES, FLORIDA 34112 .. (941) 774-8192 PROJECT NO..............._,..6.0.J.IL~ PROJECT PARCEL NO...........J/4....... TAX PARCEL No.29D..~.~.~.I~.Q.L,~ LEGAL DESCRIPTION (N8T,P: ~URVEY) fee simple title A PAJtCEL OF LAND L YlNG IN SECflON la, TOWNSHIP 49 SOUTH RANGE 26 EAST. cOLLtim COUNTY, Fl.ORlDA AND BEING MORE PARTiCulARLY DESCRIBED AS l'OLLOWS; COMMENCING AT TIm NORnnVEST CORNOR OF SAID SECfrON 18; l1ll:NCE NORTH 89 DEGREES 34 MJN1.JTES 36 SECONDS EAST ALONG TIlE NORTH UNE OF SAID SECTION 18, A DISTANCE OF 644,09 FEET; TIJENCE SOUTH 0 DEGREES 19 MINUTES J3 SECONDS EAST, ^ DISTANCE OF 75.00 rEETTO ruE sOUTII RlGHT or WA Y LINE OF PINE RIDGE ::tOAD cc.R. 895) AND THE POINT OF BEGINNING; THENCE NOR11{ 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 2,91 FEET TO THE POINT OF CUR VA TURE OF A T ANOENT CURVE, CONCAVE TO THE SOlJ11~. HAVING A RADIUS OF SGSU8 FEET AND A CENTRAL ANGLE OF 3 DEGREES 14 MINUTES SO SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 320.41 FEET; THENCE SOlJ11~ 0 DEGREES 21 MlNUTES IS SECONDS EAST. A DISTANCE OF 35,05 FEET TO TIlE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTH. HAVING A RADIUS OF 5619.58 FEET, A CENTRAL ANGLE OF J'DEGnEES 16 MlNtrrES 01 SECOND, AND A CHORD OF J20J9 FEET BEARING t-'OR11188 DEGREES 41 MJNU1C.S 23 SECONDS WEST; TIfENCE WEST ALONG SAlT' CURVE. A DISTANCE OF 320.43 FEET~ THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 3,03 FEET; THENCE NOR'ffi 0 DEGREES 19 MIN1.1TES 33 SECONDS WEST, A DISTANCE OF 35,00 FEET TO rem POINT OF BEGINNING; SAID DESCruBED TItACT CONTAINING U,26O ACRE (11,J21 SQUARE rEEl), MORE OR LESS. BASIS OF BEARINGS 1S mE NORTIl L1f'(E OF SAID SECTIO/ollS BEING NORTIl89 DEGREES 34 MJN'JTES 36 SECONDS EAST, PARCEL 114 .0,'. I EXHIBIT A- : r,,-~e 3 't a~ I {g.!. PREPARED BY.~.c.:t.f?./2L.i...,.......DATE!.,~I7h.$ ,?7'c;E"ORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG.' 2408 PU8UC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMlAMl TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 Agenda Item No. 16K8 July 27, 2004 Page 7 of 8 VW..) ''.~ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES. FlORlDA 34112 , (941) 774-8192 SKETCH OF DESCRIPTION N,89'J4'.36"[, 2,97' S,OO'19'JJ.E, 7500' r I I I I II I I I I ~ I~,~I ~ ~l Id 1,.:,1 ..-- o w ir ~I "Ii I ~j ~'I /1 ' I II ( I I: ' I 11/ I I I, I J' II 5,OO'21'15"E. .35,05' ~, Curve nUMber 1 --------------- Ra.dlus :: 5654.58' ~ " 03'14'50' Arc '" 320.47' Chord'" 320.43 Chord Brg. S,8S'47'59'E, Curve nu"ber 2 Ro.dlus = 5619,58' 6 = 03'16'01' Arc = 320.43' Chord = 320.39' Chord 8rg. N,8S'47'23'\./, IH\!l'5'I'.Hj"r, li44,U\" S.tHl'J4'3G"w. j,OS' GENERAL NOTES D ;>,O,C. Indlca.i.es Point 01' COMMenceMent 2) P.O.B. Indica. tes Point 01' Beginning 3) Sec. Indlca.tes Section 4) Twp. Indica. tes Township 5) Rge. Indlca.tes Ro.nge 6) R/'w' Indlco.tE:'s Right-of-way 7) All dlsto.nces a.re In Feet o.nd declMo.ls thereof 8) Beo.rlngs o.re bo.sed on the North Un!! 01' Section 16 o.s being N.69'34'36'E. 9) Not vo.lld unless signed and s!!o.led with thl1 eMbossed sl1al 01' tht' proFessIonal land survt'yor Northw~st corner or Section 18, Twp. 49 S.. Rge 26 [, C\1l1icr Coun t y, F1olid'l n,IIS IS ONL r ^ ~~I\[rrll EX1jBIT P";5~ ~5 Oi' " Agenda Item No. 16K8 July 27, 2004 Page 8 of 8 EXECUTIVE SUMMARY Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance certain costs of construction, renovation and equipping of community, recreational, and social service facilities for the YMCA of Collier County, Inc. and to refund currently outstanding indebtedness for eligible expenditures. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed revenue bond issue by the Collier County Industrial Development Authority to be used to finance certain costs of construction, renovation and equipping of community, recreational, and social service facilities for the YMCA of Collier County, Inc. and to refund currently outstanding indebtedness for eligible expenditures. CONSIDERATIONS: The Industrial Development Authority has been requested by the YMCA of Collier County, Inc. (the "YMCA") to issue its bonds to finance certain costs of construction, renovation and equipping of community, recreational, and social service facilities for the YMCA and to refund currently outstanding indebtedness for eligible expenditures. The YMCA is headquartered in Collier County and has been serving the community since 1969. Beginning in a small office bay on U.S. 41 in downtown Naples, the Y has grown steadily over the years and has expanded its services while increasing community participation. The Y moved to its present site at Airport- Pulling and Pine Ridge Roads in 1974 and the facility has increased in size over the years so that today it consists of a 60,000 square foot facility, including an Olympic swimming pool, a family pool, gymnasium, tennis facilities, and other tacilities. In March, 1997 the Bonita Springs YMCA was chartered by the YMCA of the USA as a branch of the Collier County YMCA. Csing staff of the Collier County Y, the Bonita Y has initiated community programs. In 2001 a capital campaign was begun for the construction ofa L1cility for the Bonita Springs YMCA. To date over $6.6 million has been raised toward the construction. The project to be financed through the issuance of the bonds, along with the funds raised through the capital campaign, will be used to construct a permanent YMCA facility in the city of Bonita Springs, along with renovations to the Collier facility and the refunding of previous indebtedness incurred in renovations to the Collier facility. Since the city does not have an industrial development authority, and because the Collier YMCA is the project owner, the Collier County Industrial Development Authority has been requested to issue the financing, pursuant to an interlocal agreement between the Authority and the city. This is similar to the recent bond issue done by the Collier County Educational Facilities Authority pursuant to an interlocal agreement with the city of Fort Myers under which the Collier Authority issued bonds to finance the new International College campus to be built in Fort Myers. "- The Authority met on July 14, 2004 and heard presentations from YMCA officials. This was an C:\.'\1yFilc.~~ocument\7.27-~ Agenda Doc'i\ymca Bee' F."'t'$'j':1mary,.,... pd Agenda Item No. 16K9 July 27, 2004 Page 1 of 24 advertised public meeting that was noticed by publication in the Naples Daily News. No members of the public attended to comment, nor were any comments received by the Authority during the advertising period. At the conclusion ofthe public hearing, the Authority determined to proceed with the financing, which involves the issuance of bonds, secured by a letter of credit to be issued by Sun Bank, and a pledge of YMCA revenues. The bonds will carry an investment grade rating of AA-. Federal tax law requires two approvals for the issuance of the bonds. First, the Authority must hold a public hearing, and must adopt a resolution in favor of issuing the bonds. This was done at the conclusion of its public hearing on July 14. Following this approval, the governing body ofthe jurisdiction must also approve the bond issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A Resolution for the Board to adopt is attached. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the Borrower (the YMCA). Neither the County, the Board, nor any otTIcer of the County is liable for their payment. Further, the Resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not reqUlre any contribution from the Board of County Commissioners or any other County agency. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth management consequences. The Collier County facilities were constructed in accordance with all County growth management regulations, and are subject to the LDC, the Growth Management Plan, concurrency requirements, and the payment of impact fees. The Bonita Springs portion of the project will be subject to that City's growth management plan and land development regulations. The adoption of the resolution will have a positive impact on Collier County, which is summed up in the V's mission statement: building strong kids, strong families and strong communities. RECOMMENDA_TlO;"\J: The Board of County Commissioners adopt the attached Resolution. Prepared by: Donald A. Pickworth, Counsel Collier County Educational Facilities Authority Approved by: David C. Weigel, County Attorney -2- Agenda Item No. 16K9 July 27, 2004 Page 2 of 24 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16K9 Item Summary Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance certain costs of construction, renovation and equipping of community, recreational, and social service facilities for the YMCA of Collier County, Inc, and to refund currently outstanding indebtedness for eligible expenditures. Meeting Date 7/27/20049:00:00 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 7/19/20042:10 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/19/20042:36 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/19/20044:31 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/19/2004 6:42 PM Agenda Item No. 16K9 July 27, 2004 Page 3 of 24 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORlDA APPROVING THE ISSUANCE BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY OF ITS VARIABLE RATE DEMAND REVENUE BONDS (YMCA OF COLLIER COUNTY, INC. PROJECT), SERlES 2004 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,700,000, THE PROCEEDS FROM THE SALE OF WHICH WILL BE USED PRINCIPALLY TO FINANCE CERTAIN COMMUNITY, RECREATIONAL AND SOCIAL SERVICE FACILITY RELATED CAPITAL IMPROVEMENTS FOR YMCA OF COLLIER COUNTY, INC. AND REFINANCING CERTAIN OUTSTANDING INDEBTEDNESS OF SAID COMPANY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. declared as follows: FINDJ:IoIGS. It is hereby ascertained, determined and A. The Collier County Industrial Development Authority (the "Authority") has submitted to the Board of County Commissioners of Collier County, Florida (the "County"), a copy of a resolution of the Authority adopted by the Authority on July 14, 2004 (the "Resolution"), granting its approval for the issuance by the Authority of its Variable Rate Demand Revenue Bonds (YMCA of Collier County, Inc. Project), Series 2004 (the "Bonds"), in an aggregate principal amount not to exceed $4,700,000 for the primary purposes of (1) financing the costs of acquisition, construction and equipping of an approximately 24,000 square foot community, recreational and social service facility to be owned and operated by YMCA of Collier County, Inc. (the "Borrower") and certain renovations to an existing 60,000 square foot community, recreational and social service facility owned and operated by the Borrower, as more particularly described in the Resolution (the "Project"), and (2) refinancing certain outstanding indebtedness (the "Prior Indebtedness") previously incurred to finance and refinance various improvements to an existing 60,000 square foot community, recreational and social service facility Agenda Item No, 16K9 July 27,2004 Page 4 of 24 owned and operated by the Horrower. A copy ot Ule KeSOIUtlOn IS anacnea nereto as Exhibit A. B. On July 14,2004, the Authority held a public hearing, which public hearing was duly conducted by the Authority on such date upon reasonable public notice, and at which hearing members of the public were afforded reasonable opportunity to be heard on all matters pertaining to (1) the location and nature of the Project, and (2) the issuance of the Bonds for the purposes described herein and in the Resolution. C. Pursuant to the Resolution, the Authority has requested the County to approve the issuance of the Bonds in order to satisfy the requirements of Section 147(1) of the Internal Revenue Code of 1986, as amended and Section 125.0 I(Z), Florida Statutes. D. The purposes of Parts 1I and III of Chapter 159, Florida Statutes., will be effectively served and it is desirable and in the best interests of the County that the issuance of the Bonds and the use of tbe proceeds thereof to refinance the Prior Indebtedness and to finance the costs of the Project be approved by the Board of County Commissioners of the County (the "Board"). SECTION 2. APPROV AL OF ISSUANCE OF BONDS AND THE PROJECT. The issuance of the Bonds and the use oftbe proceeds thereof to refinance the Prior Indebtedness and finance tbe costs of the Project as contemplated by the Resolution be and hereby are approved. SECTION 3. LIMITED APPROVAL. The approval given herein shall not be construed as an (i) an endorsement of the creditworthiness of the Borrower or the financial viability of the Project, (ii) a recommendation to any prospective purchaser to purchase the Bonds, (iii) an evaluation of the likelihood of the repayment of the debt service on the Bonds, or (iv) approval of any necessary rezoning applications or approval or acquiescence to the alteration of existing zoning or land use nor approval for any other regulatory permits relating to the Project, and the Board shall not be construed by reason of its adoption of this Resolution to make any such endorsement, finding or recommendation or to have waived any right of the Board or estopping the Board from asserting any rights or responsibilities it may have in such regard. Further, the approval by the Board of the issuance of the Bonds by the Authority shall not be construed to obligate the County to incur any liability, pecuniary or otherwise, in connection with either the issuance of the Bonds or the acquisition and construction of the Project, and the Authority shall so provide in the financing documents setting forth the details of the Bonds. 2 Agenda Item No. 16K9 July 27,2004 Page 5 of 24 SECTION 4. EFFECTIVE UATE. ThlS KesolutLOn shall take ettect immediately upon its adoption. DULY ADOPTED il Regular Session this _ day of July, 2004. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) By: Donna Fiala, Cbairman ATTEST: Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: County Attorney 1 Agenda Item No. 16K9 July 27, 2004 Page 6 of 24 RESOLUTION ~ 4Dt/ - t:J . A RESOLUTION BY THE COLLIER COUNTY INDUSTRJAL DEVELOPMENT AUTHORITY, PROVIDING FOR THE ISSUANCE BY THE AUTHORITY OF NOT EXCEEDING S4,700,OOO AGGREGATE PRINCIPAL AMOUNT OF V ARlABLE RATE DEMAND REVENUE BONDS (YMCA OF COLLIER COUNTY, INC. PROJECT), SERIES 2004 AND FOR A LOAN BY THE AtITHORlTY TO YMCA OF COLLIER COUNTY, INC. IN AN AMOUNT EQUAL TO THE PRINCIPAL AMOUNT OF SUCH BONDS TO FINANCE TIlE ACQUISITION, CONSTRUCTION AND EQUIPPING OF AN APPROXIMA TEL Y 24,000 SQUARE FOOT COMMUNITY, RECREATIONAL AND SOCIAL SERVICE FACILITY TO BE LOCATED IN THE CITY OF BONITA SPRINGS IN LEE COUNTY, FLORIDA AND CERTAIN RENOVATIONS AND IMPROVEMENTS TO AN EXISTING 60,000 SQUARE FOOT COMMUNITY, RECREATIONAL AND SOCIAL SERVICE FACILITY LOCATED IN COLLIER COUNTY, FLORIDA AND TO REFINANCE CERTAIN OUTSTANDING INDEBTEDNESS OF THE YMCA OF COLLIER COUNTY, INC.; PROVIDING FOR THE RIGHTS OF THE OWNERS OF SUCH BONDS AND FOR THE PAYMENT THEREOF; MAKING CERT AlN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS; DELEGATING TO THE CHAIRMAN AND VICE-CHAIRMAN OF THE AUTHORITY THE RIGHT TO APPROVE A NEGOTlA TED SALE OF SUCH BONDS UPON SA TISF ACTION OF THE CONDITIONS TO SUCH SALE SET FORTH HEREIN; AUTHORIZING AND APPROVING THE USE OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT WITH RESPECT THERETO; AUTHORIZING THE EXECUTlON AND DELIVERY OF A MEMORANDUM OF AGREEMENT, BOND PURCHASE AGREEMENT, TRUST INDENTURE, AND LOAN AGREEMENT; AUTHORfZING THE EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT BETWEEN THE Agenda Item No. 16K9 July 27, 2004 Page 7 of 24 AUTHORITY AND THE CITY OF BONITA SPRINGS, FLORIDA; AUTHORJZING THE EXECUTION AND DELIVERY OF THE BONDS AND ALL OTHER RELATED INSTRUMENTS AND CERTIFICATES; PROVIDING FOR OTHER MISCELLANEOUS MA TIERS IN CONNECrION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, YMCA ofCollicr County, Inc., a Florida ~for-profit corporation (the "Company"), has applied to the Collicr County lDdus1ri.a1 Developme::nt Authority (the "Authority"), to issue its private activity tax-exempt revenue bonds in an aggrcpte principal amount not to exceed $4,700,000 (the "Series 2004 Bonds"), as mote particularly described herein. for the principal purposes of (i) financing certain costs of acquisition. constnICtion and equipping of an approximately 24,000 square foot community, recreational and social service center to be located in the City of Bonita Springs in Lee County, Florida (the "Bonita Springs Project") Bnd finaneing certain renovations and improvements to an existing 60,000 square foot colJ'lIl1unity, recreational and social service facility located in Collier County, Florida (the "Collier County Project, ~ and together with the Bonita Springs Project, the "Project"); (ii) refinancing certain outstanding indebtedness of the Company previously incurred to finance certain capital improvements to the Company's existing 60,000 square foot community, recreational and social service facility within Collier County, Florida (the "Prior Indebtedness"); and (iii) paying costs and expenses associated with the issuance of the Series 2004 Bonds; and WHEREAS, the Company has requested that the Authority loan the proceeds of the Series 2004 Bonds to said Company pursuant to Chapter 159, Parts U and JII, Florida Statutes and other applicable provisions of law (collectively, the "Act") in order to accomplish the foregoing; and WHEREAS, the issuance of the Bonds under the Act in an aggregate principal amount of not exceeding $4,700,000 and the loaning of the proceeds thereof to the Company for the purposes stated herein under the hereinafter defined Loan Agreement, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to fully pay the principal of and interest and redemption premium, if any, on such Series 2004 Bonds and such other COS1$ in connection therewith as may be incurred by the Authority, will assist the Company and promote the public purposes provided in the Act; and 2 Agenda Item No. 16K9 July 27, 2004 Page 8 of 24 WHEREAS, the Company has submitted the Mcmorandwn of Agreement (the -Memorandum of Agreement") relating to the issuance of the Bonds, al.tlched hereto as Exhibit A; and WHEREAS, the Authority bas before it for consideration a substantial form of lnterloc:al Agreement between the Au:thority and the City of Bonica Springs, Florida (the "lnterlocal Agreement"), which, when executed, wiIJ pennit the loan of . portion of the Bond proceeds to the Company to fmance the Bonita Springs Project, a copy of which form of Interlocal Agreement is attached hereto as Exhibit B; and WHEREAS, in order to satisfy certain of the requjranents of Sectioo 147(1) of the Internal Revenue Code of 1986, as amended (the "Code"), the Authority held a public hearing on the date hereof prior to the adoption of this resolution on the proposed issuance of the Series 2004 Bonds for the pwposes herein stated, which _ was ~ than 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County, Florida (a true and accurate copy of the proof of publication of such notice is attached hereto as Exhibit G), whicb public hearing was conducted in a manner that provided . reasonable opportunity for persoos with differing views to be heard,. both orally and in writing. on the issuance of such Series 2004 Bonds and the location and nature of the Project; and WHEREAS. the Company bas finalized the structure of its proposed financing and has requested the Authority's approval for the issuance of the Series 2004 Bonds, including the tenus thereof, upon full satisfaction of the terms hereof; and WHEREAS, it is intended that this Resolution shaH constitute official action toward the issuance of the Series 2004 Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may bave heretofore been taken by the Company; IT IS, THEREFORE, DETERMINED A."fD RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, TIIA T: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 2. DEFINITIONS. Unless me context otherwise requires. the terms used in this Resolution shall have the meanings specified in this section. Words importing the singular shall include the plural, words importing the plural shall include the singular, and words importing persons shall include corporations and other entities or associations. 3 Agenda Item No. 16K9 July 27,2004 Page 9 of 24 "Act" means the Florida Industrial Development Financing Act, Parts II and III, Chapter 159, Florida Statutes, the lnteriocaJ Agreement and other applicable provisions oflaw. "Autlaority" means the Collier County Industrial Development Authority, a public body corporate and politic and an industrial development authority organized and existing under the Constitution and laws of the State including, particularly, the Act, its successors and assigns. "DoDd Counsel" means the law finn of Nabors, Giblin & Nickerson, P.A., Tampa, Florida. "Bond Puttbae Agreement" means the Bond Purchase Agreement among the Authority, the Company and the Underwriter substantially in the fonn attached hereto as Exlubit C and incorporated herein by reference. ""Bonita Springs Project" IDellM the acquisition, C()IlSttUCtion and equipping of an approximately 24,000 square foot community, recreational and social service ceoter to be located in the City. "City" means the City of Bonita Springs, Florida, a duly created municipality under the laws of the State of Florida. "Collier County Project" means certain renovations and improvements to an existing 60.000 square foot community, recreational and social service facility of the Company located in Collier County, Florida. "Company" means YMCA of Collier County, Inc., a Florida not-for-profit corporation, and any successor, surviving, resulting or transferee entity as provided in the Loan Agreement. "County" means Collier County, Florida, a political subdivision of the State. "Indenture" means the Indenture of Trust, to be executed by the Authority and the Trustee, substantially in the fonn atta<:hed hereto as Exhibit D and incorporated herein by reference. "lnterlocaJ Agreement" means the Interloc.al Agreement between the Authority and the City, substantially in form attached hereto as Exhibit B. "Loan Agreement" means the Loan Agreement, to be executed by and between the Authority and the CompaDy substantially in the fonn attached hereto as Exhibit E and incorporated herein by reference. 4 Agenda Item No. 16K9 July 27, 2004 Page 10 of 24 "PreUminary Official Statement" means the Preliminary Official Statement substantially in the form attached hereto as Exhibit F. "Prior Indebtedaea" ~s the Commercial Promissory Draw Note dated as of May 30,2003, in the printipal amount of $1,500,000 and the Commercial Promissory Note, dated as of May 30, 2003, in the principal amount of 5250.000, each issued to the Bank of Florida, N.A, the proceeds ofwbich were used to finaDce and refinance the Prior Project "Prior Proj<<t" means the various renovations and improvemenf.'ii to an existing 60,000 square foot cormmmity, recreational and social service facility of the Company located in Collier County, Florida,includins, but not limited to air conditioning improvements, roof repair/replacement, acquisition of an emergency generator and other improvements, which improvements were financed or mil1lnced with proceeds of the Prior Indebtedness. "Project" means the Collier County Project and the Bonita Springs Project, as described herein and in the LoaD Agreement which shall be financed with a portion of the proceeds of the Series 2004 Bonds. "Seria 2004 Bouds" means the Authority's Variable Rate Demand Revenue Bonds (YMCA of Collier County, Inc. Project), Series 2004, to be issued under the Indenture in accordance with the tenns hereof and thereof in an aggregate: initial principal amount of not exceeding $4,700,000. "State" means the State of Florida. "Trustee" means SunTrust Bank. Miami, Florida, in its capacity as Trustee. "Underwriter" means SunTrust Capital Markets, Inc., the Underwriter for the Series 2004 Bonds. SECTION 3- declared as follows: FINDINGS. It is hereby ascertained, detennined and A. The Authority is a public body corporate and politic, a public instrumentality and an industrial development authority, and is duly authorized and empowered by the Act to finance or refinance the acquisition, construction, reconstruction, improvement, rehabilitation, renovation, expansion and enlargement, or additions to, furnishing and equipping of any capital project, including any "project" for any "social service center" or "tourism facility" (as the quoted tenns are described in the Act), including land, rights in land, buildings and other structures, machinery, equipment, 5 Agenda Item No. 16K9 July 27, 2004 Page 11 of 24 appurtenances and facilities incidental thereto, and other improvements necessary or convenient therefor. B. The Company previously issued the Prior Indebtedness, the proceeds of which were applied to the finaDCing and refinancing of the Prior Project. The Company desires to refinance the Prior Indebtedness in order to achieve certain debt service savings. C. The ~flnancing of the Prior indebtedness and the financing of the Collier County Project by the Authority through the issuance of the Series 2004 Bonds, pursuant to the Act, will promote the economic development and health and welfare of the citizens of the County, will provide and maintain jobs within the County, will promote the general economic structure of the County and will thereby serve the public purposes of the Act. D. Upon consideration of the documents described herein and the infonnation presented to the Authority at or prior to the adoption of this Resolution, the Authority has made and does hereby make the following findings and determinations: (I) The Prior Project consisted of various renovations and improvements to an existing 60,000 square foot community, recreational and social service facility, said Prior Project being located in the County and owned and operated by the Company in its business of operating community, recreational and social service facilities. The Collier County Project consists of certain renovations and improvements to an existing 60,000 square foot community, recreational and social service facility, including, but not limited to, improvements to the swimming pool, roof and other improvements, said Col\ier County Project to be located in the County and owned and operated by the Company in its business of operating cornmunity, recreational and social service facilities. The Bonita Springs Project consists of the acquisition. construction and equipping of an approximate 24,000 square foot community, recreational and social service facility, including an outdoor swimming pool, said Bonita Springs Project to be located in the City and owned and operated by the Company in its business of operating community, recreational and social service facilities. (2) The Company has shown that the Collier County Project will assist, and the Prior Project assisted, in alleviating unemployment in the County by creating and maintaining jobs in the County, the Bonita Springs Project will assil>1 in alleviating unemployment in the City, the Collier County Project will foster, and the Prior Project fostered, the economic growth and development and the industrial and business development of the County and the State, the Bonita Springs Project will foster the economic growth and development and the industrial and business development of ttH: City and the State and the Project will 6 Agenda Item No. 16K9 July 27,2004 Page 12 of 24 serve, and the Prior Project served. other predominantly public purposes as set forth in the Act. It is desirable and will further the public purposes of the Act. and it will most effectively serve the purposes of the Act, for the Authority to refinance the Prior Indebtedness and finance the acquisition, CODStIUction and equipping of the Project and to issue and sell the Series 2004 Bonds under the Indenture for the purpose of providing funds to refinance the Prior Indebtedness and finance the Project, aU as provided in the Loan Agreemetlt, which contains such provisions as are necessary or convenient to effectuate the pwposes of the Act. (3) The Collier COWlty Project is, and the Prior Project was, appropriate to the needs and circumstances ot: and will make. or made (in the case of the Prior Project), a significant contribution to, the economic growth of the County; shall provide or preserve, or in the case of the Prior Project, provided or preserved, gainful employment; and shall serve, or in the case of the Prior Project, served, 8 public purpose by advancing the econcmic prosperity, the public health, and the general welfare of the State and its people as mltcd in Section 159.26, Florida Statutes. (4) Based on the findings and representations of the City set forth in. the InterlocaJ Agreement, the Bonita Springs Project is appropriate to the needs and circumstances of, and will make a significant contribution to, the economic growth of the City; shall provide or preserve gainful employment; and shall serve a public purpose by advancing the economic prosperity, the public health, and the general welfare of the State and its people as stated in Section 159.26, Florida Statutes. (5) Based solely on the infonnation provided to this Authority by the Company in compliance with the criteria established by the Act. the Company is fully capable and willing (a) to fulfill its obligations under the Loan Agreement and any other agreements to be made in connection with the issuance of the Series 2004 Bonds and the use of the Series 2004 Bond proceeds for refinancing the Prior Indebtedness and financing all or a portion of the costs of the Project. including tile obligation to make loan payments or other payments in an amount sufficient in the aggregate to pay aJl of the interest, principal, and redemption pnmiums, ifany, on the Series 2004 Bonds, in the amounts and at the times required, (b) to operate, repair and maintain at its own expeDSe the Project and aU other community, recreational and social service facilities of the Company, including but not limited to those financed and refinanced with proceeds of the Prior Indebtedness, and (c) to serve the purposes of the Act and such other responsibilities as may be imposed under such agreements. 7 Agenda Item No. 16K9 July 27,2004 Page 13 of 24 (6) The County and other local agencies wUl be, or were able, as the case may be, to cope satisfactorily with the impact of the Collier County Project and the Prior Project and will be, or were able, as the ca.se may be, to provide, or cause to be provided when needed, the public facilities, including utilities and public services, that will be or were necessary for the constrUCtion, operation. repair and maintenanCe of the Collier County Project and the Prior Project and on account of any increase in population or other circum.staneeS resulting therefrom. (7) Based on the findings and representations of the City set forth in the InterlocaJ Agreement. the City and other local agencies will cope satisfactorily with the impact of the Bonita Springs Project and will provide, or cause to be provided when needed, the public facilities, including utilities and public services. that will be or were nece&sat')' for the construction, operation, repair and maintenanCe of the Bonita Springs Project and OIl account of any increase in population or other circwnstances resulting therefrom. (8) Adequate provision is made under the Loan Agreement for the operation, repair and maintenance of the Project and the Prior Project and other facilities of the Company at the expense of the Company, for the payment of the principal of, premium, if any, and interest on the Series 2004 Bonds when and as the same become due, and payment by the Company of all other costs in ronnection with the financing, or the operation, maintenance and administration of the Project, the Prior Project and other facilities of the Company which are not paid out of the proceeds from the sale of the Series 2004 Bonds or otherwise. (9) The Costs of the Project and the Prior Project to be financed or refinanced, as the case may be, from the proceeds of the Series 2004 Bonds shall be ~costs" ofa .project" within the meaning of tile Act. (10) The principal of, premiwn, if any, and interest on the Series 2004 &nds and all other pecuniary obligations under the Loan Agreement, the Indenture or otherwise, in connection with the issuance of the Series 2004 Bonds. shall be payable solely from the loan payments and other revenues and proceeds received under the Loan Agreement or otherwise from the operation, sale, lease or other disposition of the Project or Prior Project. including proceeds from insurance condemnation awards and proceeds of any foreclosure or other realization upon the liens or security interests under the Loan Agreement, the Indenture and aU other related security documents, the proceeds of the Series 2004 Bonds and income from the temporary investment of the proceeds of the Series 2004 Bonds or of such other leVenues and proceeds, as pledged for such payment to the Trustee under and as provided in the Indenture, neither the filith and credit nor the taxing power of the County, the City, the State, the Authority or of any political 8 Agenda Item No. 16K9 July 27, 2004 Page 14 of 24 subdivision or agency thereof is pledged to the payment of the Series 2004 Bonds or of such other pecuniary obligations and neither the County, the City, the State, the Authority nor any political subdivision or agency thereof shall ever be required or obligated to levy ad valorem taxes on any property within their tenitoriallimits to pay the principal of, premium, if any, or interest on sw:h Series 2004 Boods or odlet' pecuniary obligations or to pay the same from any funds thereof other than such revenues, receipts and proceeds so pledged, and the Series 2004 Bonds shall not constitute a lien upon any property owned by the County, the City, the Authority or the State or any political subdivision or agency thereof, other thm the Authority's interest in the Loan Agreement and the property rights, receipts. revenues and proceeds pledged therefor under and as provided in the Indenture and any other agreements securing the Series 2004 Bonds. (11) It is deemed desirable by both the Authority and the City that prior to or upon the issuance of the Series 2004 Bonds, the Authority and the City enter into the Interlocal Agreement. as provided for and under the authority of Part I, Chapter 163, Florida Statutes (the "Interloeal Act"), in order to as$ist the Company and the Authority in the financing of the Project. (12) A delegated negotiated sale of the Series 2004 Bonds is desirable, and is in the best interest of the Authority and the Company, for the following reasons: the Series 2004 Bonds will be special and limited obligations of the Authority payable solely out of revenues and proceeds derived by the Authority or the Trustee pursuant to the Loan Agreement and the other related security documents, and the Company will be obligated for the payment of all costs of the Authority in connection with the refmancing of the Prior Indebtedness and the fmancing of the Project which are not paid out of the Series 2004 Boud proceeds or otherwise; the cost of issuance of the Series 2004 Bonds, which will be borne directly or indirectly by the Company could be greater if the Series 2004 Bonds are sold at a public sale by competitive bids than if the Series 2004 Bonds are sold on a negotiated basis, and a public saJe by competitive bids would cause undue delay in the financing of the Project; private activity revenue bonds having the characteristics of the Series 2004 Bonds are typically and usually sold at negotiated sale or privately placed; and authorization of a delegated negotiated sale of the Series 2004 Bonds is necessary in order to serve the purposes of the Act. (13) The Company has, after consulting with the Underwriter, detennined that market and other conditions are now conducive to proceed with the refinancing of the Prior Indebtedness and the financing of the Project with the proceeds of the Series 2004 Bonds. 9 Agenda Item No. 16K9 July 27,2004 Page 15 of 24 (14) All requirements precedent to the adoption of this Resolution, of the Constitution aDd other laws of the State of Florida, including the Act, have been complied with. SECTION 4. DELEGATED NEGOTIATED SALE OF SERlES 2004 BONDS AUTHORIZED AND DESCRIYflON OF THE SERlES 20M BONDS. (A) Subject to prior satisfaction of the conditions set forth in Section 4(C) hereof, the Authority hereby authorizes the issww:e of a Series of Bonds to be known as the "Collier County Industrial Development Authority Variable Rate Demand Revenue Bonds (YMCA of Collier County, lnc. Project), Series 2004" in the initial egsregate principal amount of DOt exceeding $4,700 ,000 for the principal purpose of providing moneys to the Company to refinance the Prior Indebtedness and to finance the costs of the Project. The Series 2004 Bonds shall be issued only in accordance with the provisions hereof and of the Indenture and all the provisions hereof and of the Indenture shall be applicable thereto. (B) The Series 2004 Bonds shall be dated their date of issuance, shall be issued in the fonn of fully registered Bonds without coupons in the initial denominations of $100,000 and integral multiples of $5,000 in excess thereof, shall bear interest from their dated date payable on the dates end at the rates and at the times and subject to redemption and purchase as set forth in the Bond Purchase Agreement and the IDdcnture. (C) Subject to full satisfaction of the conditions set forth below, the Authority hereby finds and detennines that the sale of the Series 2004 Bonds on the basis of a negotiated sale rather than a public sale by competitive bid, pursuant to the tenns and provisions of the Bond Purchase Agreement, is in the best interest of the Authority and the Company; and the Authority hereby further finds and determines that the reasons set forth in Section 3(0)(12) hereof necessitate the sale of the Series 2004 Bonds through a negotiated sale. A negotiated sale of the Series 2004 Bonds to the Underwriter in accordance with the terms hereof and of the Bond Purchase Agreement is hereby in all respects authorized, approved, ratified and confirmed, and there shall be executed on behalf of the Authority and in furtherance thereof the Bond Purchase Agreement with the Underwriter. The Bond Purchase Agreement shall be executed on bebalfofthc Authority by its Chairman or Vice-Chairman in the fonn attached hereto as Exhibit C upon satisfaction of all of the foUowing conditions: (1) Receipt by the Chainnan or Vi~airman of a written offer to purchase the Series 2004 Bonds by the Underwrilel' substantially in the fonn of the Bond Purchase Agreement, said otTer to provide for, among other things, (i) the issuance of nOl exceeding $4,700,000 initial aggregate principal amount of Series 2004 Bonds, (ii) an underwriting discount or fee not in excess of $35,000, (iii) an 10 Agenda Item No. 16K9 July 27, 2004 Page 16 of 24 initial in1emt rate of not more than 2.50% per annum. and (iv) the maturities of the Series 2004 Boods with the final maturity no later than December 31, 2029. (2) Receipt by the Chairman or Vice Chainnan from the Underwriter of a disclosure statement and truth-in-bonding infonnatiOD complying with Section 218.385, Florida Statutes and substantially in the fonn of Exlubit A to the Bond Purchase Agreement SEctION 5. AUTHORIZATION OF EXECUTION AND DELIVERY OF THE LOAN AGREEMENT. The Loan Agreement, substantially in the form attached bereto as Exhibit E with such con:ections. insertions and deletions 8S may be approved by the Chairman or Vice Chairman of the Authority, such approval to be evidenced conclusively by his or her execution thereof. is, subject to the prior satia&ct:ion of the conditions set forth in Section 4(C) hereof, hereby approved and authorized; the Authority hereby authorizes and directs the Chainnan or Vice Cbainnan of the Authority to date and execute and the Secretary or an Assistant Secretary of the Authority to attest, under the official seal of the Authority, the Loan AgreernaU, and to deliver the Loan Agreement to the Company; and all of the provisions of the Loan Agreement, when executed and delivered by the Authority as authorized herein and by the Company, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. SECTION 6. AUTHORIZA nON OF EXECUTION AND DELIVERY OF THE INDENTURE. The Indenture, substantially in the fonn attached hereto as Exhibit D with such changes, corrections, insertions and deletions as may be approved by the Chainnan or Vice Chainnan of the Authority, such approval to be evidenced conclusively by his execution thc:rcof, is, subject to the prior satisfaction of the conditions set forth in Section 4(C) hereof, hereby approved and authorized; the Authority hereby authorizes and directs the Chainnan or Vice Chairman of the Authority to date and execute and the Secretary or an Assistant Secretary of the Authority to attest, under the official seal of the Authority, the Indenture, and deliver the Indenture to the Trustee; and all of the provisions of the Indenture, when executed and delivered by the Authority as authorized herein, and by the Trustee, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. I I Agenda Item No. 16K9 July 27,2004 Page 17 of 24 SECTION 7. AUTHORIZATION OF EXECUTION AND DELIVERY OF THE INTERLOCAL AGREEMENT. Prior or contemporaneously with the iSSUADCe of the Series 2004 Bonds by the Authority, the Chairman or Vice Chairman of the Authority is hereby authorized and directed to execute and the Secretary or an Assistant Secretary of the Authority, is hereby authorized to attest, under the official seal of the Authority, the Interloca1 Agreement and deliver the Interlocal Agreement, substantially in the form attached hereto as Exhibit B between the City and the Authority, to the City in order to permit the loan of a portion of the Series 2004 Bond proceeds to the Company for the principal pwpose of financing the Project and refinancing the Prior Indebtedness. SECTIONS. APPOINTMENT OF TRUSTEE; PAYMENT OF THE SERIES 2tl04 BONDS. The Series 2004 Bonds shaU be payable as to principal and interest in lawful money of the United States of America at the designated office of SunTrust Bank, Miami. Florida, as Trustee under the Indenture. SECTION 9. APPROV AL OF DISTRIBUTION OF PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL STATEMENT. (A) The Authority hereby authorizes the distribution and use of tbe Preliminary Official Statement in substantially the form attached hereto as Exhibit F in connection with offering the Series 2004 Bonds for sale. If between the date hereof and the mailing of the Preliminary Official Statement it is necessary to make insertions, modifications or changes in the Preliminary Official Statement, the Chainnan is hereby authorized to approve such insertions, changes and modifications. (B) The Chairman is hereby authorized and directed to cause the preparation and distribution of a final Official Statement, dated the date of the execution of the Bond Purchase Agreement, which shall be in substantially the fonn of the Preliminary Official Statement, in the name: and on behalf of the Issuer, and thereupon to cause such Official Statement to be delivered 10 the Underwriter with such changes, amendments, modifications, omissions and additions as may be approved by the Chainnan. SECfION 10. AUTHORIZATION OF EXECUTION OF OTHER CERTlFlCA TES AND OTHER INSTRUMENTS. The Chairman or Vice Chaimlan and the Secretary or any Assistant Secretary of the Authority are hereby authorized and directed, either alone or jointly, under the official seal of the Authority, to execute and deliver certificates of the Authority certifying such facts as the Authority's Counselor Bond Counsel shall require in connection with the issuance, sale and delivery of the Series 2004 Bonds, and to execute and deliver such other instruments, including but not limited to, deeds, assignments, bills of sale, tax agreements and financing statements, as shall be necessary or desirable to perfonn the Authority's obligations under 12 Agenda Item No. 16K9 July 27, 2004 Page 18 of 24 the Loan Agreement, the Indenture or the Interlocal Agreement and to consummate the transactions hereby authorized. SECTION U. NO PERSONAL LIABILITY. No representation, statement. covenant, warranty, stipulation, obligation or agreement herein contaiDec4 or contained in the Series 2004 Bonds, the Loan Agrcemenl, the Indenture, the Interl9ca1 Agreement or any assignment thereof, or any certificate or other instrument to be executed on behalf of the Authority in connection with the issuance of the Series 2004 Bonds, shall be deemed to be a ~tation, statement, covenant, warranty, stipulation, obligation or agreement of any clcc:tcd official, officer, employee or agent of the Authority in his or her individual capacity, and none of the foregoing persons nor any elected or appointed official of the Authority executing the Series 2004 Bonds, the Loan Agreement, the Indenture, the Iatertoca1 Agreement or any certificate or other instrument to be executed in connection with the issuance of the Series 2004 Bonds shall be liable personally thereon or be subjcc:t to any personal liability of or accountability by reason of the execution or delivery thereof. SECTION 12. NO THIRD PARTY BENEFICIARIES. Except as otherwise expressly provided herein or in the Series 2004 Bonds, the Loan Agreement, the Interlocal Agreement and the Indenture, nothing in this Resolution, or in the Series 2004 Bonds, the Loan Agreement, the InterlocaJ Agreement or the IndenlUre, expl'e$S or implied, is intended or shall be construed to confer upon any person, firm, corporation or other organization, other than the Authority, the City, the Company, the Trustee, the Underwriter and the owners from time to time of the Series 2004 Bonds any right, remedy or claim, legal or equitable. under and by reason of this Resolution or any provision hereof, or of the Series 2004 Bonds, the Loan Agreement., the lnterlocal Agreement and the Indenture, all provisions hereof and thereof being intended to be and being for the 5()le and exclusive benefit of the Authority, the City, the Company, the Trustee and the owners from time to time oftbe Series 2004 Bonds. SECTION 13. PREREQUISITES PERFORMED. Subject to aU of the conditions set forth in Section 4(C) hereofprior to the issuance of the Series 2004 Bonds, all acts, conditions and things relating to the passage of this Resolution. to the issuance, sale and delivery of the Series 2004 Bonds, to the execution and de)jyery of the Loan Agreement, the Interlocal Agreement and the Indenture, required by the Constitution or other laws of the State, to happen.. exist and be perfonned precedent to the passage hereof, and prcc:edent to the issuance, sale and delivery of the Series 2004 Bonds, to the execution and delivery of the Loan Agreement, the Interlocal Agreement and tho Indenture, have either happened, eltist and have been perfonned as so required or will have happened, will exist and will have been peTfonned prior to such execution and delivery thereof: 13 Agenda Item No. 16K9 July 27, 2004 Page 19 of 24 SECTION 14. COMPLIANCE WITH CHAFfER 118, PART Ill, FLORIDA STATUTES. The Authority hereby approves and authorizes the completion, execution and filing with the Division of Bond Finance, Department of General Services of the State ofFlorida, at the expense oftbe Company, Bond Information Form BF2003, and any other acts as may be necessary to comply with Chapter 218, Part III, Florida Statutes. SECTION 15. RECOMMEND A nON FOR APPROVAL TO BOARD OF COUNTY COMMISSIONERS. The Authority hereby recommends the issuance of the Series 2004 Bonds and the financing of the Project for approval to the Board of County Commissioners of Collier County, Florida (the "Board"). The Authority hereby directs the Chairman or Vice Chairman. either alone or jointly, at the expense of the Company, to cooperate in seeking approval for the issuance of tile Series 2004 Bonds and the financing of the Project by the Board as the applicable e1<<tcd representatives of Collier County under and pursuant to the Act and SectiOD 147(f) of the Intemal Revenue Code of 1986, as amended. SECTION 16. GENERAL AUTHORITV. The members of the Authority and its directors, officers, attorneys, engineers or other agents or employees are hereby authorized to do all acts and things ~ired of them by this Resolution. the Series 2004 Bonds, the Loan Agreement, the Interlocal Agreement and the lndenture, and to do all acts and things which are desirable and consistent with the requirements hereof or- of the Series 2004 Bonds. the Loan Agreement and the Indenture, for the full, punctual and complete performance of all the terms, covenants and agreements contained herein and in the Series 2004 Booos, the Loan Agreement, the Interlocal Agreement and the Indenture. SEcnON 17. THIS RESOLUTION CONSTITUTES A CONTRACT. The Authority covenants and agrees that this Resolution shall constitute a contract between the Authority and the owners from time to time of the Series 2004 Bonds then outstanding and that all ~ovenanls and agreements set forth herein and in the Series 2004 Bonds, the Loan Agreement, the Interlocal Agreement and the Indenture, to be performed by the Authority shall be for the equal and ratable benefit and security of all owners of outstanding Series 2004 Bonds, and all subsequent owners from time to time of the Series 2004 Bonds, without privilege, priority or distinction as to lien or otherwise of any of the Series 2004 Bonds over any other of the Series 2004 Bonds. SECTION 18. SEVERABILITY OF INVALID PROVISIONS. rfany one or more of the covenants, agreements or provisions herein contained shall be held contruy to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions, and 14 Agenda Item No. 16K9 July 27, 2004 Page 20 of 24 shalL in no way aft'ec:t the validity of any of the other provisions hereof or of the Series 2004 Bonds.issued under the Indenture. SECTION 19. REPEALING CLAUSE. All n:soLutions or partS thereof in conflict with the provisions herein contained are, to the extent of such conflict. hereby superseded and repealed. SECTION 10. EFFECTIVE DATE. This ResoLution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 14111 day of July, 2004. COLUER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY .@EAt): :""'1',0' ';"".i;-'~~u' MI', - "~/",!~,, A ITEST: $lIrIv 15 Agenda Item No. 16K9 July 27, 2004 Page 21 of 24 PIClOIOR.'l'B, COIllALD P.A. 5150 T~IAMI TRL N 1502 HAPLBS n. 341.03 WSNI o. Nl.-, : "" e- r.. I a<1Q,<< IID.CC_ 11"'- _ [1 0IIIrUl. Napl" 'Daily 11'... -_.__._-~-------------------~---------------------+--------------- RSPBRBBCB: 010784 58877301 IOtice of Special ~ State of Florida County of COllier Before the undaraigDad. auebority, perllOaally appeaxed B. Lamb, wbo OIl o&th _)"8 that 8De 8eJ:Ve8 a. AB.istant Corporate Se=-tary of the Napl.. Daily "..,e, a dally ne~ 1:lUblieb.ed a:~:31M, in COllier COUntI' Florida: en.t t.M att copy of &dvertia ng Wail publiaa.d iA 8aid. n-.paper on date. li8tea. z.tfiant furthc- BayS tbat tbAl aaid. NapleB tlaily Ne... ia II newspaper 0ub11~ at Naples, ill. said COllier CoImty, Plorlda, aJU.i that the -.aid ne~lIper bas heretofore been c:ontinucu81y publuhed ill eaid Collier County, Plorida. each day and haa been entered 118 eecimd claaa Mil matter at the post oftice in Maplee, in eaid Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertiaemeat; &Dei IIffiant further BAY8 thAt she has neither paid nor pXQlllised any person, tina or co~rat:ion IU\Y discount, rebate. cowainion or refund for the purpoae of .ecuring thi. advertisement for publicti= in the 8aid aewepaper. PUBLlSRl!lD ON: 06/29 AD SPACE: FILED ON. Signature of Affiant SWOJm to and Subecribed befOrO!l 1Ill!l PersoAally known by IN! EXHIBIT A TO AUTHORITY RESOLUTION Agenda Item No. 16K9 July 27, 2004 Page 22 of 24 MTollJl1lT .t.r LAw SVITI: 008 NJnrOUI: TOWlIa IIIJSO Moan t..Ja.ua TllUI. N.&P.LBS. Fl.Ol1mA 34100 t...u.~ 123.1 "-lIOOO ..x (aGe) 1188-1161 July 14, 2004 David C. Weigd. Esquire Colliet Qnmty Attorney Collier County Courtllau&elBlda F Naples, FL 34112 Re: July 27, 2004 Ageada Dear David: I am enclosing die following documents for inclusion in the July 27, 2004 agenda: nn.r.n-..t_ relau., to bond __ Cor YMCA: 1. Executive Summary relating to approval of Industrial Development Authority Bonds for YMCA facUities. 2. Resolution to be adopted by the Board ofCOUDty Commissioners at the Boerd meeting of July 27, 2004 approvin8 the Bonds. 3. Exhibits cooaisting of the lDducemeot Resolution adopted by the Authority at its meeting on July 14, and including, as an exhibit to the Authority Resolution, the A ffidavit of Pnblicatiott for the requin:d TEFRA bearing conducted by the Authority. Docmnents reladq to bond issue for Mardi PP.rf'nrm_""e: I. Executive Summary relating to approval of Industrial Development Authority Bonds for manufacturing facilities. 2. Resolution to be adopted by the Bomt of County Commissionc:rs at tbe Board meeting of July 27, 2004 approving the Bonds. 3. Exhibits consistina of the Indua:ment ResoIutioa adopted by the Authority at its meeting on July 14, and including. as an exhibit to the Authority Reeo1ution, the Affidavit of Publiadon for the required TEFR.A bearing conducted by the Agenda Item No. 16K9 July 27, 2004 Page 23 of 24 Autbority . Since we have been placing dIeac items OIl me ConseDl Agenda recenIly, I would request !hat this also be OIl Consent. Thank you for your assistance in this, and if you have any questions or need further infomwion, pleue contact me. Very truly yours. dm Donald A. Pickworth EncIOlIIIU Agenda Item No. 16K9 July 27,2004 Page 24 of 24 EXECUTIVE SUMMARY Request by the Collier County Industrial Development Authority for updated approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance manufacturing facilities for The March Group LLC and March, Inc. OBJECTIVE: To update the necessary approvals to authorize a proposed revenue bond issue by the Collier County Industrial Development Authority to be used to finance manufacturing facilities for The March Group LLC and March, Inc., d/b/a March Performance. CONSIDERA lIONS: On June 10,2003 the Board adopted Resolution 03.208, approving the issuance of bonds by the Industrial Development Authority to finance certain qualifying manufacturing facilities for the March Group LLC, as owner, and March, Inc. ("March Performance"), as lessee and operator. March Performance is presently located in Michigan and is a manufacturer of high precision automotive components. The company is planning to construct a plant in Collier County in the new research and technology park on Old 41 just south of the county line. March Performance has been unable to complete the purchase of the new plant site due to delays in the pennitting of the new research and technology park. The permitting is now sufficiently complete to allow the closing on the real estate purchase. However, under the Internal Revenue Code, which governs the terms and conditions of industrial revenue bonds, the bonds must be issued within one year of the date the local governing body approves the issuance of the bonds. Since the 2003 resolution was adopted more than one year ago, it is necessary to adopt a new resolution approving the issuance of the boods. """...... The Authority held an advertised public hearing July 14, 2003 to consider whether to issue and updated approval, and preliminarily consider the proposal, and heard a presentation from the Company. There were no adverse conunents from members of the public. Following the meeting the Authority adopted a preliminary approval resolution, a copy of which is attached to the proposed County Resolution. In addition to Authority approval, federal tax law requires that the County Commission, as the local governing body, must also approve the issuance of the Bonds. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A resolutions for the Board to adopt is attached. As ate all revenue bonds of this type. these bonds are based on revenues of the project and are not obligations of the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the Borrower. Neither the County, the Board, nor any officer of ClMrf'l\a~t\7-Z1-04~[)orcs.\MItdrr,p.fao:::~.wpO .- Agenda Item No. 16K1 0 July 27,2004 Page 1 of 14 the County is liable for their payment. Further, the Resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. The Authority recognizes that at the time of its hearing for preliminary approval zoning Petition PUDZ-2003-AR-3569, the petition to rezone certain property, including the property under contract to March, Inc., bad not yet been approved by the Board. The petition had been recommended for approval by the Collier County Plarming Commission and was scheduled for the BCC on May 27. Since the Authority has a policy of not giving fwal approval to a bood issue unless the applicant has the proper zoning for the facility, the approval resolution contains a specific condition that no further approvals for the financing will be given until the rezoning petition has been approved by the Board. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. The Bonds are not liabilities of the County, and the County is not liable for payment in any way. On the other hand, the issuance of bonds for manufacturing facilities bas a positive fiscal impact on the community, and the statutes authorizing the Authority to issue such bonds declare that such issuance is for a public purpose. The issuance of these bonds will have no impact on the County's ability to issue "bank-qualified" debt or any other type of bonds for the remainder of 2003. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth management consequences. The facilities are located in the unincorporated area of the County and are subject to the LDC,the Growth Management Plan, concurrency requirements, and the payment of impact fees. As noted above, no final fmancing approval will be considered until the necessary rezoning has been granted. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution. Prepared by: Donald A. Pickworth, Counsel Collier County Industrial Development Authority Approved by: -2- Agenda Item No. 16K10 July 27, 2004 Page 2 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16K10 Item Summary Request by the Collier County Industrial Development Authority for updated approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance manufacturing facilities for The March Group LLC and March, Inc. Meeting Date 7/27/20049:00:00 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 7/19/20043:04 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/19/20043:13 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/19/20044:21 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/19/20044:28 PM Agenda Item No. 16K1 0 July 27,2004 Page 3 of 14 RESOLUTION NO. 04- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY SECTION 147(0 OF THE INTERNAL REVENUE CODE, AS AMENDED; PROVIDING FOR OTHER RELATED MATTERS. Whereas, the Collier County Industrial Development Authority (the "Authority") is a body corporate and politic of Collier County, Florida created by Collier County Resolution No. 79-34 duly adopted by the Board of County Commissioners on February 27, 1979 pursuant to Part III of Chapter 159, Florida Stalutes, as amended, with the power to issue revenue bonds for the purposes of financing a "project" as defined in Part II of Chapter 159, Florida Statutes, as amended; and Whereas, The March Group LLC , a Florida limited liability company (the "Borrower") and March, Inc., a Michigan corporation (the "Corporation") have applied to the Collier County Industrial Development Authority (the "Authority") to issue its Industrial Development Revenue Bonds (~1arch, Inc. Project), Series 2004 in an aggregate principal amount not to exceed $3,500,000 (the "Bonds"), for the purpose of making a loan to the Borrower, for the purpose of providing funds, together with other available funds, to (a) finance a portion or the cost of constructing and equipping a building of approximately 42,500 square fect, which will be used for certain manufacturing operations of the Corporation (the "Project") and (b) pay certain expenses incurred in connection with the issuance of the Bonds, including certain fees and expenses incurred in connection with credit enhancement for the Bonds; and Whereas, Section l47(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the elected legislative body of the governmental unit which has jurisdiction over the area in which the facility financed with the proceeds of tax exempt bonds is located is to approve the issuance of such bonds after a public hearing; and Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is the elected legislative body of the County; and Whereas, lhe Authority held a meeting and public hearing on July 14, 2004 pursuant to a notice published on or before June 28,2004 in the Naples Daily News, a newspaper of general circulation in the County, a copy of said notice being attached to the Inducement Resolution adopted by the Authority at said meeting; and Whereas, at the conclusion of the meeting and public hearing the Authority adopted Resolution No. 2004-07 (the "Inducement Resolution") a copy .R~~~Warl~~?kwg~1%~~e July 27,2004 Page 4 of 14 attached hereto as Exhibit "A", approving the project, authorizing the issuance of the Bonds, and directing the Chairman and officers of the Authority to seek approval for the issuance of the Bonds in accordance with Section 147(t) of the Code; and Whereas, for the reasons set forth above, it appears to the Board that the approval of the issuance and sale of such Bonds as required by Section 147(t) of the Code is in the best interests of Collier County, NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of Collier County, Florida, that: Section 1. Approval of Issuance of the Bonds. This Board hereby approves the issuance 0 f the Bonds by the A uthority for the purposes described in the Inducement Resolution and the notice attached thereto pursuant to Section l47(t) of the Code. The Bonds shall be issued in such aggregate principal amount, bear interest at such rates, mature in such amounts and be subject to such optional and mandatory redemptions as are approved by the Authority without the further approval of this Board. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer or employee thereof shall be liable personally on the Bonds by reason 0 f their issuance. This approval shall in no way be deemed to abrogate any regulations of Collier County applicable to the Project and the Project shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan, all concurrency requirements contained therein, and the Collier County Land Development Code. Section 2. Severability. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder ofthis Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 3. adoption. Effective Date. This Resolution shall take effect immediately upon its PASSED and Adopted this 27th day of July, 2004. J Agenda Item No. 16K10 July 27, 2004 Page 5 of 14 ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS B y:_______________ Deputy Clerk Donna Fiala, Chairman [SEAL] Approved as to form and legal sufficiency: David C. Weigel, County Attorney 3 Agenda Item No. 16K10 July 27, 2004 Page 6 of 14 ~ RESOLUTION 1.0004-Q 7 AN INDUCEMENT USOLtmON OF THE COLLlEll COUNTY INDUSTJUAL DEVELOPMENT AUl'HORITY REGARDING TBB omclAL ACTION or THE AUI'HORlTY WITH RESPECT TO THE PB.OP06ED ISSUANCE BY TBB AUTHORITY OF ITS INDlJS'I'IlIAL DEVELOPMENT UVENUE BONDS (MARCH, INC. PIlOJEC"n IN AN INITIAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,.500,000 FOR THE PRINCIPAL PURPOSE OF FINANCING CERTAIN COSTS TO BE INCURRED BY THE MARCH GROUP, LLC (TIlE "BORROWER") IN CONNECTION WITH THE ACQUlSmON, CONSTRUCTION AJ.'ID EQUIPPING OF CERTAIN MANUFACTl1RING FACIUI'IFS; AUI1IORlZING THE EXECUTION AND DELIVERY OF A PRELIMINARy AGllEBMENT BY AND AMONG THE AtrrHORlTY, THE BORROWER, AND MARCH, INC.; AND PROVIDING FOR RELATED MATI'ERS. WHEREAS, The March Group, LLC , a Florida limiu:a liability company (the "Borrower") am:J March, Inc., a Michigan corporation (the "Corporation") have applied to the Collier County Industrial Development Authority (the . Authority") to issue its lDc:lustrial Development Revenue Bonds (March, Inc. Project), Series 2004 ill au aggregatl: pri.ocipalamount not to exceed $3,SOO,OOO (die "Bonds"), for the purpose of making a loan to tho Borrower, for the purpose of providing funds, together witJJ other available funds, to (a) finance a portion of tbe cost of constructing and equipping a buildiq of approximately 42,.1000 square feet, which will be used for certain manufacturing operations of the Corporation (the "Project") and (b) pay certain expenses incurred in connection with the issuance of die Bonds, Includiag certain fees and expenses incurred in coIJDeCtion with cn:dit CDhancemenc for the Bonds; and WHEREAS. the Borrower and the Corporation have requested that the Autbority loan the proceeds of the Boods to the Borrower pursuant to Chapter ] 59, Parts II and m. Florida Stllbuet, or suc:b other provision or provisions of Rorida law as the Authority may detc:rmiDc: advisable (die "Act") in ord<< to accompJiah the foregoing purposes; and WHEREAS, in order to sadsfy certain of the requirements of Sedioo 147(f) of the IntemaJ Revenue Code of 1986, as amended (the "Code"), the Authority did on the date hereof hold a public bearing (the "Hearing") on the proposed issuance of the Bonds for the purposes Agenda Item No. 16K10 July 27, 2004 Page 7 of 14 herein stated, wbkh elm is 14 days fullowin& tbc tint publication of ~ of IUCb public hcariQg in a DCWSJllIPCf of geuerll circulalion in Collier ComIIy aDd whidl public bcariDg was ~ in a manner that provided a reasonable opportunity for pel'SOD8 with differiDg views 10 be beard. bodl orally and in writing, on the iasuaDce of the Bonds and the loc:ation and nanare of !be Project. II more particularly described In the notice of public he8riDa ISIaChe:d bemo 18 Exhibit A; and WBEHEAS. the isswmce of the 80Dds and the lomiDg of the procecIi$ tbereof to the Borrower to finance tbe costs of the Project Wldet loan ~ or other fiAaDcin& agreemenra, aDd pumwlt to tU tenDJ thereof wbich will provide lbat paymeatI thereuDr;Is 1>> at lClIIt IUfliciax 10 p.y the principII of aud inu!reIt IDd redemption premium, if my, on such BoIIdI IDd such ocIIa' costs in coDDeCtion therewith 18 may be iDcuned by the Autbority, will witt the Borrower IDlI Corporation aDd promolC the public purpoICS providtJcl in tbe Act; IDd WHEREAS. the Borrower and the Corporation have submit1ed a certain PrelimiDary Agmment (the "Preliminary Agreement') relatlng to the issuance of the Boods; and WHEREAS, it is inteDdcd that thU Resolutioo Iball CODStitnte officialactioo toward the issuance of the Bonds within the meaning of the applic:able United StateS Treasury RegWations in addition to any other action that may have heretofore been takeD by the Borrower and the Corporation; NOW, THEUFORE. BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. THAT: SECTION 1. AIJTHORITY FOR THIS llESOLunON. This Resolution is adopted purs118.IH to the provisions of the Act aDd other applicable provisions of law. SECTION 1. PRELIMINARY STATEMENT. This ResoIutioD. is entered into 10 permit the Borrower and Corporation to proceed with the fiDaDciI1g of the costs of the Project and to provide an expressWn of intention by the Authority. prior to the iuuance of the DoDds. to issue and sell the Bonds and make the proceeds thereof available for such purposes. aU in aa:ordaDce with and subject to the provisiom of the Act, the Coostitulion aud other laws of tbe State of Florida aDd the laws of the United States of America, ilrlnditlg tbc Code, and this Re8olutioo, but subject in all respects to tbe terms of the Preliminary Agreement. SECTION 3. AFPROV AL OF THE FINANCING, The finllnd..g oftbe costs of the Project by the Authority lbroup the i!suan<:eafthe Bonds, pursuant to the Act, will promote the economic development, prosperity, health and welfare of the citizens of Collier County, will 2 Agenda Item No. 16K10 July 27,2004 Page 8 of 14 promole the geuml ecouomil: structure of Collier COUDty, UId will tb<<eby MVO !be public purposea of the Act aod is hereby preUmiDarily approved, subject, however. in all rapccts to !be Borrower and the Corporation meec.iD& the coadibons set forth in the PretimiDIry AgreemaM: to the sole satisfaaion of the AUlbority. SIC'11ON 4. EXBCUrION AND DItLIVEIlY OF PRELIMINARY AGllU..MENT. The Chairman or the V'u:e-Cbairmao js beRby authorized and directed to eucute, for and on bebalf of the AU1boriIy, the Preliminary Agreemeu subm.iUed by !be Borrower and the Corporadoll. provktlDg UDders1aDdlDp relative to the proposed issuDce of the Bonda by the Autbority to finaDce the COlts of the- Project in ID agreptc priDeiplll aIDOUIIl1lQt lOexceecl the lesser of <a) $3.500.000 or (b) the amount detcnnined by the AudIority, the Borrower and die CoIpOratioD to be neceuary to accomplisb the foregoina purp<lIIe&. SECTION 5. AtrI'BOJUZA nON' OP THE BONDS. Tltere is bereby lUhI:rI2lcd to be issued and the Authority hereby determines to issue the Boods. if 80 reqLlICSted by !be Borrower and the Corporation and subject in all respects to the conditioos set forth in tbe Preliminary Agreement, in an aggregate principal amount DOt to ex~ $3.SOO,OOO for the principal purpose of financing the com of the Project as described in the Prelimiolly Agrec:meu. The rale of interest payable on the Bonds shall not exceed the maxiInwn rate permitted by law. SEcnON 6. GENERAL AUTHORIZATION. The Chairman and the Vice-Chairman are hereby further authorized to proceed, upon execution of the Preliminary Agreement, with the undertUinp provided for lherein on the part of the AUIbority and are fu11ber authorized to take sucb steps and actions as may be required or necessary in order to ause the Authority to issue the Bonds subject in all respect8 to the tenns and conditions set forth in the PrelimiDary AgretmeIIl authorized ~by. SEcnON 7. OmClAL ACTION. Thi8 resolution is an official action of the Authority toward the is&uaDce of die Bonds, as colllemplated in the Preliminary Agreement. in accordance with the purposes of the laws of the Slate of Florida a.ud tbe applicable UDited Stan=s Treasury Regulations. SECTION 8. LIMlTED OBUGATlONS. The Bonda and the inten:st thereon shall DOt conatitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Aorlda or any politic:al subdivision ot agency thereof but shall be payable solely from the revCDUeS pledged therefor pursua.ot to & loan agreemeut or other financing agreement entered into by ana among the Authority ,lhc Borrower aud the Corporation prior to at contemporaoeously with the issuance of the Bond.!. The Authority has no taxing power. 3 Agenda Item No. 16K10 July 27, 2004 Page 9 of 14 SECJ'lON 9, LIMITED APPROVAL. The approval given herein shall not be COMtrUed as an approval or endonemcDt of approval of any DeCeIUl}' tezODiIIg applications nor for any other regu1at.ary permits relating to the Project and the AudIority &ball DOt be coosuued by reason of its adoption of this resolution tol have waived any right of Collier County or to hav~ estopped Co1lic:t Cowxy from IIICI1in3 ant rigbJs or mponsibilJties it may haw in cbu reprd. This approval is expressly condit.ioIIed u~ the approval of rezoning petition PUDZ-2003-AR- 3569 currently pelldiDa before lhe Board of County CommissioDerl of Collier CouDty. I SECTION 10. EFFECTIVE DATE. ThIs Resolution sbal1 take effect lmtnMiSll!\y. ADOPTED this 14th day of JDly, 2004. [SipDtJUr Pate Follow,} 4 Agenda Item No. 16K1 0 July 27, 2004 Page 10 of 14 ~) 5 COUID. COUNTY INDUSTRIAL , DEVELOPMENT AUl'HORITY ~/ Agenda Item No. 16K10 July 27, 2004 Page 11 of 14 Crf &~ . I ~lell Daily lIeva Napl.., FL )4la~ Affidavit of Publication llapl.ell Daily~ aew. .--.----------------------------------------------+----------- SPACK, 176.000 ~CH .....LBO at: 06/28/Q4 ,- ::::::-~~ -~~:=:- - -. --.)~-f - ---,--- --- - __+_u - ---.----~:-' ~_ Sworn to and Subscribed before _ thill .Q9.. day Of~ I AI. o~_~,~'~ ?ezlloWlll Y known by nle ' .$J C).J fI,,",,, _ PIClQIORl'H. IXlNALD P. A . 5150 'DICIAKI TRL J.( 1503 ~ PL 3U03 i ~: 010784 I 5.876735 Notice of speC~.l Stat. of Florida County of Collier s.fore the UDdu'aigned authority, lly appea.red a. x..a.b. tobo CD oath ..ys t t M~. a. AII.htant Co~rate Secretary of the 1_ O;Uly JIe_. a daily ne~ publhhec1 t lifapl.., in Collier County, Floria.: that the att:acbeil cOVf of advertldng __ pUblished iJ:I .aUl __paper 0111 dat_ liat.a. ' Affiant further lIaY1l that the ..id .ap~ea Daily __ ia a new.paper ~ubli.hed at Naple8, in e.id Collier county~ Flonda. and that the a. d newspaper bAa heretofore been c:cntinUO\l.~Y pUbllahed U1 8.id Collier County. Florida. eaeh cay and ha. been entered .. eecolld clall&l ma11 matter at the post office U1 Xaplell. in .aid Collier County. Florida, for a period ofll ye.. ne~ceceding the firet publication of the at copy of adverth_t I and affiant further says tlat llhe has neit:her paid nor pt'Qlailled &JJ.y ~"Qn, firm or co~rationi any dillcoune. rebate, commi..ion or refund for the pw:poae of aecu.riDg thill adverti8~t for pubHction in the said newspaper. PUBLISBBD 011: 06/28 EXHIBIT A TO AUTHORITY RESOLUTION Agenda Item No. 16K1 0 July 27, 2004 Page 12 of 14 MToIUfllY AT LAw SV"JTS e08 Nswous Tows. IIlllO NoaT1l 'Lua~ T1u.a. N,uoLU, l'l.O:auu. lMlOG ....u.~ (&38) "'-1OeO p~ lelJal 1l8IiI-1Ull luly 14,2004 David C. Weigel. EIq1Ii:re ColJier CouDly Attorney Colli<< COUDty COUltflauaelBldg F Naples, FL 34112 Re: July rr, 2004 Agenda Dear David: 1 am enclosing die following documents for inclusion in the July 27 , 2004 agenda: 0-0-"'_ relaliD2 to bond as. for YMCA: 1. Executive Summary relatina to approval of IndwlIrial Development Authority Bonds for YMCA facUities. 2. Resolution to be adopted by the Board ofCoum:y Commissioners at the Board meeting of July 27. 2004 approving the Bonds. 3. Exhibits consisting of the Inducemeot ResolUtion adopted by the Autbority at its meeting on July 14, and including, as an exhibit 10 the Authority Resolution, the Affidavit of Pnbllcatio8 for the rcquin:d TEFRA hearing conducted by !be Authority. Ilqcumeots rebdq to boad issue for Marclt PP.rt'nnn.....~ 1. Executive Summary retatiDg to approval of Industrial DeveloplDe1Jt Authority Bonds for manufacturing facilities. 2. Resolution to be adopted by the Board of COWJty Commissioners at the Board meeting of July 27, 2004 approving the BotJds. 3. Exhibits consisting of the Inducement Resolutioa adopted by the Authority at its meeting on July 14, and i.ucluding. as an exhibit to lbe Authority Resolution, the Affidavit of Publication for lbe required TEFRA hearing conducted by the Agenda Item No. 16K1 0 July 27,2004 Page 13 of 14 Autbority . SiDee we have been placing Ibe3c italls OIl the c:onsa. Aaenda J'CCCDlly, I would request that this also be on Consent. Thank you for your usislanc:.e in this, aDd if yea haw any questiOOl (ll' neecl further information, please coDtaC:t mt. Very truly youn, Itm Donald A. Pickworth Enclosures Agenda Item No. 16K10 July 27, 2004 Page 14 of 14 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Professional Services between Collier County and the Office of the Public Defender for the Twentieth Judicial Circuit of Florida. OBJECTIVE: To obtain Board approval of an Agreement for Professional Services between Collier County and the Office of the Public Defender for the Twentieth Judicial Circuit of Florida. CONSIDERATIONS: Section 27.51, Florida Statutes, authorizes the public defender to represent indigent defendants in County ordinance violations punishable by incarceration and not ancillary to state prosecution, provided that the public defender contracts with the County to provide representation pursuant to Sections 27.54 and 125.69. Pursuant to the Agreement, the County agrees to remit the required funds to reimburse the full costs of services rendered in connection with the defense of criminal violations of County ordinances. Payments for the full costs of services rendered by the Public Defender shall be made on an hourly basis at a rate of $50 per hour or as otherwise set forth by law. Payment for due process expenses such as, and not limited to, expert witnesses, court reporting and interpreter services, will be billed separately to the County. The Agreement does not commit the County to pay for the representation of indigent defendants in violations of County ordinance violations ancillary to state prosecution. This is a quarter-to-quarter, at-will Agreement, terminable by either party, with or without cause, on ninety (90) days written notice to the other party, with the first calendar quarter being the period of July 1, 2004, through September 30, 2004. Quarterly payments will be adjusted to the extent actual and projected spending is higher or lower than the County funding amounts authorized over the term of this Agreement. Upon termination of this Agreement, Ihe Public Defender will provide the County with a final accounting of all charges due, and upon payment thereof, County will have no further liability to the Public Defender. FISCAL IMPACT: It is estimated that the quarterly costs to the County arising from this Agreement wiH be $5,000. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approves this Agreement, and authorizes the Chairman to execute the Agreement on behalf of the County and approve any necessary budget amendments. ....-.., Agenda Item No. 16K11 July 27, 2004 Page 1 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16K11 Item Summary Recommendation 10 approve an Agreement for Professional Services between Coilier County and the Office of the Public Defender for the Twentieth Judicial Circuit of Florida. Meeting Date l/2712004 9:00:00 AM Prepared By Jeff Klatzkow Assistant County Attorney 7116120049:43:14 AM County Attorney County Attorney Office Approved By Nancy Bradley Legal Secretary Date County Attorney County Attorney Office 7116120049:49 AM Approved By Michael Pettit Chief Assistant County Attorney Date County Attorney County Attorney Office 7/16/200411:57 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 7119120049:09 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/19/2004 11 :21 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Managers Office Office of Management & Budget 7/19/20043:04 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7119/20044:35 PM Approved By James V. Mudd County Manager Date Soard of County County Manager's Office 7/19/20044:40 PM Commissioners Agenda Item No. 16K11 July 27, 2004 Page 2 of 5 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN COLLIER COUNTY AND THE OFFICE OF THE PUBLIC DEFENDER FOR THE TWENTIETH JUDICIAL CIRCUIT OF FLORIDA This Agreement is entered into this 27th day of July, 2004, by and between Collier County, a political subdivision of the State of Florida (hereinafter referred to as the "County"), and the Oftlce of the Public Defender for the Twentieth Judicial Circuit of Florida (hereinafter referred to as "Public Defender"). WHEREAS, the County finds that in order to maintain and improve public health, safety, and welfare, it is necessary to adequately enforce and prosecute violations of the County ordinances; and WHEREAS, Section 27.51, Florida Statutes, authorizes the public defender to represent indigent defendants in County ordinance violations punishable by incarceration and not ancillary to state prosecution, provided that the public defender contracts with the County to provide representation pursuant to Sections 27.54 and 125.69; and WHEREAS, the Board of County Commissioners, on July 27, 2004, approved an amendment to the General Fund Budget allocating Five Thousand Dollars (55,000) for the period of July I, 2004, through September 30, 2004, for the 2003-2004 County fiscal year toward reimbursement to the Public Defender for the costs of representing indigent defendants in County ordinance violation proceedings punishable by incarceration and not ancillary to state prosecution. :-Jaw, THEREFORE, the parties hereto agree as follows: 1. Services. The Public Defender agrees to represent indigent defendants in proceedings involving violations of County ordinances punishable by incarceration and not ancillary to state prosecution as authorized in Sections 27.51, and 27.54, Florida Statutes. The County agrees to remit, subject to the terms outlined in Section 3 of this Agreement, to the Public Defender, the required funds to reimburse the full costs of services rendered in connection with the defense of criminal violations of County ordinances. The Public Defender shall provide such Public Defender personnel as may be required for the performance of any of the functions of the Public Defender as set forth in this Agreement. This Agreement does not commit the Agenda Item No. 16K11 Page 1 01'3 July 27, 2004 Page 3 of 5 County to pay for the representation of indigent defendants in violations of County ordinance violations ancillary to state prosecution. Payment for due process expenses such as, and not limited to, expert witnesses, court reporting and interpreter services, will be billed separately to the County. 2. Term. This is a quarter-to-quarter, at-will Agreement, terminable by either party, with or without cause, on ninety (90) days written notice to the other party, with the first calendar quarter being the period of July 1, 2004, through September 30, 2004. This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. This Agreement is the full and complete Agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matter set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. 3. Payments. The County agrees to provide payments to the Public Defender in quarterly installments not to exceed Five Thousand Dollars ($5,000). The first installment shall be made within _ days of approval of this Agreement. Each succeeding payment shall occur no later than every ninety (90) days thereafter subject to receipt of invoices from the Public Defender of services anticipated to be rendered in the succeeding quarter to support the need for the requested quarterly advance. Payments for the full costs of services rendered by the Public Defender shall be made on an hourly basis at a rate of $50 per hour or as otherwise set forth by law. Quarterly payments will be adjusted to the extent actual and projected spending is higher or 10\ver than the County funding amounts authorized over the term of this Agreement. Upon termination of this Agreement, the Public Defender will provide the County with a final accounting of all charges due, and upon payment thereof, County will have no further liability to the Public Defender. 4. Responsibilities. The County does not delegate any of its responsibilities or powers to the Public Defender other than those enumerated in this Agreement. The Public Defender does not delegate any of its responsibilities or powers to the County other than those enumerated in this Agreement. 5. Reporting. All required reports shall be submitted to the County Manager, 3301 East Tamiami Trail, Naples, Florida 341 ] 2. Page2of3 Agenda Item No. 16K11 July 27, 2004 Page 4 of 5 6. Indemnification. It is expressly understood and intended that the Public Defender is only a recipient of the reimbursements paid by the County and is not an agent of the County. The respective parties agree, subject to the provisions of Chapter 768.28 (17), Florida Statutes, that they will hold each other harmless from any claims arising from this Agreement. 7. Amendment of Statutes. This Agreement is authorized by and subject to Sections 27.51. and 27.54, Florida Statutes. Should these statutes be amended, the parties will negotiate to amend this Agreement to conform to such amendment, failing which, this Agreement will automatically terminate upon the effective date of the amendment. IN WITNESS THEREOF. the parties have caused this Agreement to be executed by their respective and duly authorized officers the day and year first above written. ArrEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA By: By: . Deputy Clerk DONNA FIALA. Chairman A TrEST: ~,\,'\\\'.' t ~. fI, "'J/~ ':<o.~~"" ':\\a~*:.e.~~figl./. ,."......... .# ~'!'~;;~.ISSION;.~~-;;.~ ~ .....\....(..0 :-...OOer 14, .;>,:---0" ... ~ ~*{~C~ -~"&; ~ %-=5\ 0 ....;~g.. ~ ~;". ?:~~~~ ......&.~ ~ ^" .....~.;-.. <<""..~ OFFICE OF THE PUBLIC DEFENDER TWE UDICIAL CIRCUIT By: Approved as to form and legal sufficiency: ~ L./~ . I. L- J~ffre,..A. KlaTLt..ow. en. \,1 Assistant County Attorney jYJ' ,-;..')-~J w C A.( /- /J...r/r- ;?c Ht r C~. ~. Page 3 of 3 Agenda Item No. 16K11 July 27, 2004 Page 5 of 5 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Professional Services between Collier County and the Office of the State Attorney for the Twentieth Judicial Circuit of Florida. OBJECTIVE: To obtain Board approval of an Agreement for Professional Services between Collier Cou nty and the Office of the State Attorney for the Twentieth Judicial Circuit of Florida. CONSIDERATIONS: Section 27.02, Florida Statutes, authorizes the state attorney to prosecute County ordinance violations punishable by incarceration and not ancillary to state prosecution, provided that the state attorney has contracted with the County for reimbursement for services rendered in accordance with Section 27.34. Pursuant to the Agreement, the State Attorney agrees to handle the intake, discovery, pre-trial, trial and case disposition of violations of County ordinances punishable by incarceration and not ancillary to state prosecution, as authorized in Sections 27.02, and 27.34, Florida Statutes. The County agrees to remit to the State Attorney, the required funds to reimburse the full costs of services rendered in connection with the prosecution of such criminal violations of County ordinances. Payments for the full costs of services rendered by the State Attorney shall be made on an hourly basis at a rate of $50 per hour or, if an hourly rate is specified in the General Appropriations Act, that rate shall control. The State Attorney will not handle appeals or constitutional attacks on County ordinances. This is a quarter-to-quarter, at-will Agreement, terminable by either party, with or without cause, on ninety (90) days written notice to the other party, with the first calendar quarter being the period of July 1, 2004, through September 30, 2004. The County will provide payments to the State Attorney in quarterly installments. Upon termination of this Agreement, the State Attorney will provide the County with a final accounting of all charges due, and upon payment thereof, County will have no further liability to the State Attorney. FISCAL IMPACT: It is estimated that the quarterly costs to the County arising from this Agreement will be $5,000. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approves this Agreement, and authorizes the Chairman to execute the Agreement on behalf of the County and approve any necessary budget amendments. .- Agenda Item No. 16K12 July 27, 2004 Page 1 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 16K12 Item Summary Recommendation to approve an Agreement for Professional Services between Collier County and the Office of the State Attorney for the Twentieth Judicial Circuit of Florida. Meeting Date 7/27/2004900:00 AM Prepared By Jeff Klatzkow Assistant County Attorney 7/16/20049:41 :45 AM County Attorney County Attorney Office Approved By Nancy Bradley Legal Secretary Date County Attorney County Attorney Office 7/16/20049:46 AM Approved By Michael Pettit Chief Assistant County Attorney Date County Attorney County Attorney Office 7!'l6/2004 11 : 57 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office m9i2004 9:10 AM Approved By Pat Lehnhard .Il,dministrative Assistant Date County Manager's Office Office of Management & Budget 7/19/2004 11: 15 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/19/20043:01 PM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 7/19/20043:02 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7/19/20044:33 PM Agenda Item No. 16K12 July 27, 2004 Page 2 of 5 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN COLLIER COUNTY AND THE OFFICE OF THE STATE A TTORNEYFOR THE TWENTIETH JUDICIAL CIRCUIT OF FLORIDA This Agreement is entered into this 27th day of July, 2004, by and between Collier County, a political subdivision of the Stale of Florida (hercinalkr referred to as the "County"), and the DUice of the State Attorney for the Twentieth Judicial Circuit of Florida (hereinafter referred to as "State Attorney"). WHEREAS, the County finds that in order to maintain and improve public health, safety, and welfare, it is necessary to adequately enforce and prosecute violations of the County ordinances; and WHEREAS, Section 27.02. F10lida Statutes, authorizes the state attorney to prosecute County ordinance violations punishable by im:an:eration and not ancillary to state prosecution, provided that the state attomey has contracted with the County for reimbursement for services rendered in accordance with Section 27.34: and WHEREAS, the Board of County Commissioners, on July 27, 2004, approved an amendment to the General Fund Budget allocating Five Thousand Dollars ($5.000) fOf the period of July 1, 2004, through Scptember 30. 2004, for the 2003-2004 County fiscal year toward reimbursement to the State Attorney for the costs of prosecuting County ordinance violation proceedings punishable by incarceration and nol ancillary to state prosecution. NOW, THEREFORE, the parties hereto agree as follows: 1. Sefvices. The State Attorney agrees to handle the intake, discovery, pre-trial, trial and case disposition of violations of County ordinances punishable by incarceration and not ancillary to state prosecution, as authorized in Sections 27.02, and 27.34, Florida Statutes. The County agrees to remit, subject to the terms outlined in Section 3 of this Agreement. to the State Attorney, the required funds to reimburse the full costs of services rendered in connection with the prosecution of Page 1 of 3 Agenda Item No. 16K12 July 27, 2004 Page 3 of 5 such criminal violations of County ordinances. The State Attorney will not handle appeals or constitutional attacks on County ordinances. 2. Tenn. This is a quarter-to-quarter, at-will Agreement, terminable by either party, with or without cause, on ninety (90) days written notice to the other party, with the first calendar quarter being the period of July 1, 2004, through Scptember 30, 2004. This Agreement is non- transferable and non-assignable in whole or in part without the prior written consent of Collier County. This Agreement is the full and complctc Agreement bctween the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the patties, cither oral or written, with respect to the mattcr sct forth abovc, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. 3. Payment Schcdule. The County agrees to provide payments to the State Attorney in quarterly inslallmcnts not to exceed Five TIlousand Dollars ($5,000). The first installment shall be made within _ days of approval of this Agreement. Each succeeding payment shall occur no latcr than every ninety (90) days thereafter subjcct to receipt of invoices from the State Attorney of services anticipated to be rendered in the succeeding quarter to support the need for the requested quarterly advance. Payments for the full costs of services rendered by the State Attorney shall be made on an hourly basis at a rate of $50 per hour or, if an hourly rate is specif1ed in the Genenll Appropriations Act, that rate shall control. Quarterly payments will be adjusted to the extent actual and projected spending is higher or lower than the County funding amounts authorized over the term of lhis Agreement. Upon tennination of Ibis Agreement, the State Anomey will provide the County with a final accounting of all charges due, and upon payment thereof, County will have no further liability to the State Attorney. 8'ysponsibilitics. The County docs not delegate any of its responsibilities or powers to the State Attorney other than those enumerated in this Agreement. The State Attorney does not Page 2 of3 Agenda Item No. 16K12 July 27,2004 Page 4 of 5 delegate any of its responsibilities or powers to the County other than those enumerated in this Agreement. 5. Reportin~. All required reports shall be submitted to the County Manager. 3301 East Tamiami Trail, Naples. Aorida 34112. 6. Indemnification. It is expressly understood and intended that the State Attorney is only a recipient of the reimbursements paid by the County and is not an agent of the County. The respective parties agree, subject to the provisions of Chapter 768.28 (17), Florida Statutes. that tbey will hold each other harmless from any claims arising from this Agreement. 7. Amendment of Statutes. This Agreement is authonzed by and subject to Sections 27.02 and 27.34, Florida Statutes. Should these stalUtes be amended, the parties will negotiate to amend this Agreement to conform to such amendment, failing which, this Agreement will automatically tenninate upon the effective date of the amendment. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers the day and year first above wnlten. ATTEST: DWTGIIT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA By: , Deputy Clerk By: DONNA FIALA, Chairman ATTEST: OFFICE OF THE STATE A TIORNEY TWENTIETH JUDICIAL CIRCl.HT ~S2~u~~7 By:~r~ STEPHEN B. RUSSELL, State Attorney Approved as to form and legal sufficiency: ~~~ r L ~~ A. K:J.u40w. .............. ; C Assistant County Attorney "".,...A.~I ~ If.;-}, f Ch,cl 4.;vr [~.~. Page3of3 Agenda Item No. 16K12 July 27,2004 Page 5 of 5 EXECUTIVE SU~IMARY SE.2004.AR.6009, An Ordinance amending Ordinance No. 03.28, the Tuscany Reserve PUD to correct a sentence erroneously omitted from the PUD document for tbe property located in Section 7, Township 48 South, Range 26 East and in Section 12, Township 48 South, Range 25 East, CoUier County, Florida. OBJECTIVE: Recommcndation to have the Board of County Commissioncrs correct an CtTOr resulting from an omission from the attached Ordinance No. 03-28 (the Tuscany Reserve PUD) that is consistent with the Collier County Growth Management Plan and the Land Development Code. CONSIDERATIONS: - On May 15,2003, the Collier County Planning Commission recommendcd approval (by a vote of 7 to 0) of the Tuscany Reserve PUD with the sclltence "CuI-de-sacs shall not be required to provide sidewalks". The Board of County Commissioners, on June 24, 2003, approved the Tuscany Reserve PUD (Ordinance No. 03-28), however, this PUD Document did not include the sentence "CuI-de-sacs shan not be required to provide sidewalks". The Department of Zoning and Land Development Review staff subsequently t..Iiscovered that the sentence was unintentionally omitted from Section 7.6.B.l of the PUD Documcnt. Because the sentence was included in lhe PUD Document reviewed by the Planning Commission, the Collier County Attorney's office has directed staff to prepare this amendment as described above. FISCAL IMPACT: It should be noted that this amendment is only to correct the omission from Ordinance No. 03-28 that was approvcd by the Board of County Commissioners. Therefore, this change by and of itself will have no fiscal impact on the County. GROW'TH MANAGEMENT L'\1PACT: The original petition was reviewed for consistency and was found to he consistent with all the applicable provisions of the Growth Management Plan; this ament..lment is only to include the corrected language to Ordinance 03-28 that was approved by the Board of County Commi ssioners. - 1 Agenda Item No. 17A July 27, 2004 Page 1 of 42 STAFF RECOMJ.\IIENDATION: Zoning and Land Development Review Staff recommends that the Board of County Commissioners approve the amendment to correct Ordinance No. 03-28. Executi ve Summary SE-2004-AR-6009 .- :~ Agenda Item No. 17 A July 27, 2004 Page 2 of 42 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17A Tr,:$ itern requires that aU partlc:pants be S.....OPl :11 and e.J( parte !j:sclDsure be provided by Commission ~1embers, An Ordinance of tile Board Of County CommiSSIDners amending Ord:nar108 No. 91.1Q2, as amended, t~le Collier County land Development Code, or its successor, by provIding for an Clmendment to correct Ordinance No. 03.28. for t~e TlJsCa1';i Reserve Planned Unit Oe'Jslapment (PUO) and by providing for an effective date 7/27/20G4 9:00:00 A~...1 Prepared By Fred Reischl. Ale? Community Development & Erll,r:ronmental Serv;ces PrinClpai P!anner 6i181200410;02;28 AM Zoning &. Land Development Review Date Approved By Ray BeJ:ows Community Dev€!!opmer;t & Er'/!rOnmeNal Service::; Chief P:anl1'S'r l~)rli:1g & Land Deveiopment RevIew 6'251200411 ;38 AM D<Jte Approwd By S'::lndra Lea Community Deve:opmenl & EO'j:rcnm;~n!aj Si~rY:GCs EH:CUUvC Si!'crN<Jry COl'l1[n~mity Development & f::nY::onmet~fal ServIces Actrr::n. 6125;20043; 13 PM Date .\pproved By Constance A. Johnson Ca::.!r:LHiity Oeve;cpment & =r:v;rcnm~:n"!taj Ser'J~ces OrHfat~OI"!S Analyst C:;~r.!~'Wllty Oevelo;:Hr:ent & Er:'JirOnmenta! Services Admin. <3128,20048:1) AM Date ,\ppro\'ed By SL;Si'ln Murra",/, A:CP GOr::rr.UMit'i Deve:opmem & Eny:ronmental Servi<:es Z.');ling &. Land De\le!opment D:rector Zcn:;lg & La.nd Oeveiopment Rw....:ew 5128120049.07 AM ;~;~;N:h K. ~:.chrnitt .\ppro\"ed By i'::;':n-nmunity De\le:opment & Eny:ronmen!.al Sery:ccs Comrnuoity Develooment & E;....~.lronmental Set'vices Adm:f':strator Date Community Oevelopment &. En."lronmenial Ser\iices Admin. 6/23/20049:31 AM Date Approyed By p It L.!;l"lf~h<:rd County Manager's Office \~:rn;n:strativ(l- Ass:sh.nt Office of Management & BUdget "'30120049;01 AM Date ,\pproved By ~lIich"aei SmykowSKI Co\.mty f...~af'lClger's Office Manageme-nt & Budget Director Office of Management & Budge! 711412004 1 :48 PM Date Approved By James V. Mudd 5!Br~j of County C ,)mmiSSioners CCrunty Manager County Manager's Office 7114120044:43 PM Date Approved By Mark Isackson COLmt.y' ~l~a:1a<Jer'5 Office 3\)dq~t Analyst Office of Management & Budget 7'612004 11.40 AM Agenda Item No. 17A July 27,2004 Page 3 of 42 ORDINANCE NO. 03 - ~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 8512S, 8607S AND .8607N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRmED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TUSCANY RESERVE PUD, FOR PROPERTY LOCATED WEST OF INTERSTATE - 75, EAST OF LIVINGSTON ROAD AT THE COLLIER-LEE COUNTY LINE, IN SECTION 7, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND SECTION 12, TOWNSHIP 48 SOUTH, RANGE 2S EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 461.29 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE ~UMBER 2000-04, THE FORMER RaNTa LIVINGSTON PUD; AND BY PROVIDING AN EFFECTIVE DATE. - r-, r-- : (: ' ~ . 1 LJ ~ ~-:':: -n : ,. - ( , I I ,.'- ...., N ,. j--; , !:'l-:_' "0- nl -"~l [; L' CJ ~.:J ~>! - Q----! :t:-rrl CD \I. HEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing Panther Developments, LP, petitioned the Board of County Commissioners to change the zonir.~ classification of the herein described real property; Collier County, Florida, that: J\OW, THEREFORE BE IT ORDAINED BY the Board of County Commissioners of SECTIO)! ONE: The zoning classification of the herein described real property located in Section 7, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is Incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps , num&ered 8512S, 8607S and 8607N, as described in Ordinance Number 91-102, the Collier County l.and Development Code, are hereby amended accordingly. SECTION TWO: O~dinance Number 2000-04, known as the Ronto Livingston PUD, adopted on January 25, 2000 by the Board of County Commissioners of Collier County, is hereby repealed in its entirely. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. Agenda Item No. 17 A July 27, 2004 Page 4 of 42 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this~ day of VI) nL ,2003. ATTEST: DW~qljT.~. BROCK, CLERK ,.~ I (:..:11'r'( '., .~-,I"'_..'.'..~" ~ . //-",'.~' ',;,:;. .'~:"""?~; ;~V~.l~~\D.e. BY: ~ ..::':<; :&:;:~o'E TOM HENNING, CHAIRMAN i"., '. ." . ,,,. . ~".~~~~ti\i~i:~"~~'Form ~ttHt II to Chat...... Legal Sulficiency atgnatw't Oft's_ _' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~7n.~ Marjori . .\1. Student Assistant County Attorney This ordInance filed with the Secretary Of~t~'s Office the .:Ld.. cloy of . ~ and aCknowledgement of that fil/n receIved this -.:l:!L day of ,~ By , \ 2 .' Agenda Item No. 17 A July' 27,2004 Page 5 of 42 TUSCANY RESERVE A PLANNED UNIT DEVELOPMENT REGULA TrONS AND SUPPORTING MASTER PLAN GOVER1~ING TUSCANY RESERVE A PLANN~D UNIT DEVELOPMENT PURSUAi~T TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Panther Developments, LP 24301 Walden Center Drive Bonita Springs, Florida 34134 PREPARED BY: Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 and Neale Montgomery Pavese, Haverfield, Dalton, Harrison & Jensen Attorneys 1833 Hendry Street Fort Myers, Florida 33901 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER Ai\1E~DMENTS AND REPEAL DOCUMENT DATE January 25, 2002 2000-04 EXHIBIT "A" C\AdLib eXpress\W,'rk\rad4 72.\4.ltllp<loc Agenda Item No. 17 A July 27, 2004 P~(l}36 of 42 INDEX PAGE List of Exhibits 11 Statement of Compliance 111 SECTION I Property Ownership, Legal General Description and Short Title 1-1 SECTION II Project Development 2-1 SECTION III Residential Development Areas 3-1 SECTION IV Golf, Open Space 4-1 SECTION V Village Center 5-1 SECTION VI Preserve 6-1 SECTION VII General Development Commitments 7-1 Agenda Item No. 17 A July 27, 2004 Page 7 of 42 EXHIBIT "A" EXHIBIT "B" EXHIBIT "'C" EXHIBIT "D" EXHIBIT "E" LIST OF EXHffiITS Planned Unit Development Master Plan Interstate 75 Buffer Typical Estate Entry Feature Typical Tuscany Reserve Drive R.O.W. Cross-section Tuscany Reserve Drive (adjacent to Lake 5) 11 Agenda Item No. 17 A July 27, 2004 Page 8 of 42 STATEMENT OF COMPLIANCE The development consists of 461:1: acres of property in Collier County as a Planned Unit Development to be known as the Tuscany Reserve PUD, which will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan. The Tuscany Reserve PUD is a single and multi-family residential community with associated recreational uses and will be consistent with the applicable elements of the Collier Growth Management Plan [or the following reasons: 1. The total acreage of the Tuscany Reserve PUD is 461 :t: acres. The maximum number of dwelling units to be built on the total acreage is 799. The number of dwelling units per gross acre is approximately 1.73 units. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. The projected density of 1.73 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan which allows 4.0 units per acre as a base density with I unit per acre adjustment due to the project interconnection from Livingston Road North as well as Livingston Road East, for a maximum of 5.0 units per acre. 2. The subject property is within the Urban-Mixed Use District, Urban Residential Subdistrict Land Use Designation as identified on the Future Land Use Map. 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 4. The project development is compatible and complementary to eXlstmg and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. Impro\'~ments are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 6. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 8. This PUD shall be incompliance with all environmental sections of the LDC and GMP, Conservation and Coastal Management Element in effect at the time of final evelopment order approvals. III Agenda Item No. 17A July 27,2004 Page 9 of 42 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of TUSCANY RESERVE PUD. 1.2 LEGAL DESCRIPTION Parcel A: North one-half of the Northeast one-quarter of Section 12, Township 48 South, Range 25 East, Collier County, Florida, LESS: The portion conveyed to Collier County, A Political Subdivision, by Warranty Deed recorded June 22, 2002, in Official Records Book 2689, Page 3368. Together with: Parcel B: All of Section 7, Township 48 South, Range 26 East, Collier County, Florida, lying West of Interstate Highwav 75. Right-of-way. PARCEL A and PARCEL B: TOGETHER BEING MORE PARTICULARLY DESCRIBED AS: A.l?arcel of land lying in Section 7, Township 48 South, Range 26 East, and in Section 12, Township 48 South, Range 25 East, in Collier County Florida, and being more particularlv described as follows: BEGINNING at Northwest Corner of Section 7, Township 48 South, Rang 26 East run thence along the North boundary of the Northwest one-quarter 0/4) of said Section 7, S.89-52'09"E. 2420.80 feet to a point on the Westerly right-of-way line of Interstate Highway 75 (324' Right of way); thence along said Westerly right-or-way line for the following three (3) courses 1) S.19-30'43"E. 2329.79 feet to a point of curvature: 2) Southerlv, 1892.87 feet along the arc of a curve to the right having a radius of 5567.58 [eet and a central angle of 19-25'46" (chord bearing S.09e46'20"E., 1883.77 reet); 3) S.OO-Ol' 57"E. 1243.42 feet to a point on the South boundary of the Southeast one-quarter (1/4, of said Section 7; thence along said South boundary N.89-lO'15"W., 844.32 feet; thence along the South boundary of the Southwest one-quarter (1/4) of said Section 7, ;.J".89-10'25"W., 2627.43 feet to the Southwest corner of said Section 7; thence along the West boundary of the Southwest one-l1uarter (114) of said Section 7, N.00-32'28"W., 2623.13 feet: thence along the West boundarv of the Northwest one-quarter (1/4) of said Section 7, N.00-30'23"W., 1314.18 feet; thence along the Southerly boundary of the North one-half (1/2). of the Northeast one-quarter (1/4), of said Section 12, Township 48 South. Range 25 East, S.89-21'~0"W., 2599.53 feet to a point on the Easterly right-of- wav line of Livingston Road; thence along said Easterly right-of-way line N.OO-24'47"W., 1316.68 feet to a point on the North boundar~~~tWHe-1M" . JUIY'Lf,'LUU4 1-1 Page 10 of 42 0/2) of the Northeast on-quarter 0/4) of said Section 12; thence along said North boundary, N.89.25'08"E., 2597.37 feet to the POINT OF BEGINNING. Containing 461.29 acres, more or less. 1.3 PROPERTY OWNERSHIP The subject property is owned by Panther Developments, LP. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located to the North of the Pelican Strand PUD; bordered on the east by 1-75 the CollierlLee County line is the north property line; a portion of the western property borders along Livingston Road North. B. The zoning classification of the project prior to approval of this PUD document was DRIIPUD, known as the Ronto Livingston PUD. 1.5 PHYSICAL DESCRlPTION A. The project lies within South Florida Water Management District No.7. B. Water management facilities for the project will be designed and constructed serving 46l::!: acres of residential lands discharging via the Interstate 75 right-of- way with drainage conveyance. According to approved SFWMD permit(s), discharge from the site is directed to the Mediterra system, the 1-75 right-of-way, and to the Livingston (east-west) Road right-of-way. C. Elevations within the site vicinity ,u'e nat. The elevation of the subject is approximately thirteen feet (13') above mean sea level. The entirety of the site lies within Flood Zone "x" according to Firm Map # 120067 0195 D, map revised June 3,1986, Firm Map # 1200670215 D, map revised June 3,1986 and Firm Map # 1200670185 D, map revised June 3, 1986. D. Surficial sediments on, and in the vicinity of the project are primarily fine quartz sands, and organic loams over shallow limestone bedrock. Specific soil types found on the project include: Malabar Find Sand, Basinger Fine Sand and Boca Fine Sand. 1-2 Agenda Item No. 17 A July 27, 2004 Page 11 of 42 1.6 PROJECT DESCRIPTION The Tuscany Reserve PUD is a residential single family and multi-family golf course community with a maximum of 799 dwelling units. Recreational facilities may be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, appropriate screeninglbuffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "TUSCANY RESERVE". 1-3 Agenda Item No. 17 A July 27, 2004 Page 12 of 42 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A.. Development of the Tuscany Reserve PUD shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the detinitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic matelial presented depicting restrictions for the development of the Tuscany Reserve PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petltiOn will be subject to concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SOP approval, final plat approval, or building permit issuance applicable to this Development. 2-1 Agenda Item No. 17 A July 27, 2004 Page 13 of 42 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, "including layout of streets and use of land for the various tracts, is illustrated by Exhibit "A", the PUD Master Plan. The nature and extent of land uses within the project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. B. The final size of the recreation and open space lands will depend on the actual requirements for water management, roadway pattern, and dwelling unit size and configuration. TUSCANY RESERVE LAND USE SUMMARY TABLE I LAND USE INTENSITY SUMMARY USE Residential YlAX. D.U.'s 799 ACRES 46 H (gross) Open Space @ 30% ~I A 138:t (Lakes, Preserves. Landscape Buffers, Open Areas & Recreational Areas) 2.4 RELA TED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the peD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting of the State of Florida. c. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. The develope.r of any tract or parcel approved for n^siden>>~lt~~~~ contemplating fee simple ownership of land for each ~~nlffgJulyL2~%6'~ 2-2 Page 14 of 42 required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parce1. E. Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, architectural features and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Engineering Director [or engineering and safety considerations during the development review process and prior to any installations. F. Utility, road, public and private easements shall be established as required during the SOP and/or plat approval process. G. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. 2.5 MODEL HOMES I SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate shall be permitted principal uses throughout Tuscany Reserve PUD subject to the requirements of Section 2.6.33.4 of the Collier County Land Development Code. The project's primary sales center, located on the PUD Master Plan shall be permitted to be utilized for on-site unit sales for a maximum of 7 years from date of its approval. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may bc made to the PUD as provided in the Collier County Land Dcvelopment Code, Section 2.7.3.5. 2.7 COMMO~ AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association or Community Development District (COD). The Association or COD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by the Master Association or COD, the Developer will create a property owner association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master, or the property owners' association or COD, as applicable, shall be responsible [or the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving the Tuscany Reserve PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management Di strict. 2-,3 Agenda Item No. 17 A July 27, 2004 Page 15 of 42 2.8 DESIGN GUIDELINES AND STANDARDS Collier County planned unit development districts are intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.1. Toe applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated Seven (7) year time period, any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 2.9 GENERAL PERMITIED USES Certain uses shall be considered general permitted uses throughout the Tuscany Reserve PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the Tuscany Reserve PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted C ses: 1. Essential services as set forth under the Collier County Land Development Code, Section 2.6.9.1. ') Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, galehouses, architectural subdivision entry features and access control structures are permitted and may be constructed 10 accordance with Exhibit "C", Typical Estate Entry Feature. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the Developer, builders, and their authorized contractors and consultants, including necessary access ways, parking areas and related uses in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls shall be in accordance with the Collier County Land Development Code in ctfect at the time permit~ are requested unlQ,ss otherwise specified herein. Agenda j~~ 2~~26~~ 2-4 Page 16 of 42 9. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. B. Development Standards Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Fifteen feet (15'). Guardhouses, gatehouses, fences, walls, columns, decorative architectural features and access control structures shall have no required setback, however such structures shall be located such that they do not cause vehicular stacking into the road right-of-way. 2. Setback from exterior property lines - one half (1/2) the height of the structure. 3. Minimum distance between structures, which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures - Ten feet (10'). 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Maximum Height - Thirty feet (30') 8. Sidewalks, bike paths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bike path, or cart path. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. 2.10 OPEN SPACES REQUIREMENTS Section 2.6.32 of the Collier County Land Development Code requires that residential PUDs must provide a minimum of 20% open space. At the time of site development plan or plat, the developer must demonstrate minimum compliance with this requirement. 2-5 Agenda Item No. 17 A July 27, 2004 Page 17 of 42 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS For this PUD a minimum of 44.96 acres of wetland and upland preserve/enhancement area shall be placed under a conservation casement as required by the Tuscany Reserve Development Order. This PUD Master Plan has committed, through the environmental permitting prol:ess, to identify and preserve a minimum of 59 acres of existing native vegetation. 2-6 Agenda Item No. 17 A July 27, 2004 Page 18 of 42 SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A", the PUD Master Plan as "R". 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 799. The property contains a gross acreage of 461::!: acres and base density of 1.73 dwelling units per gross acre. 3.3 GENERAL DESCRIPTION Areas designated as "R" on the PUD Master Plan are designed to accommodate a full range of residential dwelling unit types, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED A. Principal Uses 1. Single-family detached dwelling units. 2. Single- family and zero lot line dwellings. 3. Single-family attached and townhouse dwellings. 4. Two-family and duplex dwellings. 5. M ultiple- f amil y dwellings. 6. Temporary Sales Center, which shall be pennitted as shown on the PUD Master Plan, and utilized through project buildout for on-site sales, not to exceed seven (7) years from the date of its placement. B. Accessory Uses I. Uses and structures customarily associated with principal uses permitted. . Agenda Item No. 17 A July 27, 2004 Page 19 of 42 3-1 2. Guesthouses, pursuant to Section 2.6.14 of the Collier County Land Development Code. 3. Common area recreational and utilitarian facilities. 4. Lakes, golf course, and other open space-uses. 5. Gatehouses, fences, walls and access control subject to Exhibit "C", Typical Estate Entry Feature. 3.5 DEVELOPMENT ST fu~DARDS A. Table II sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for categories 1-5 apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Tuscany Reserve PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and tloor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table II shall be established during the Site Development Plan Approval phase as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district, which is most similar to the proposed use. E. Single- ramily patio and zero lot line dwellings are identified separately from single-family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table II. F. Housing structure types including lot orientation for single-family detached housing such as zero lot line versus non-zero lot line orientations may not be m~xed within the same development tract. Agenda Item No. 17A July 27, 2004 Page 20 of 42 3-2 T ABLE II TUSCANY RESERVE COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PER.\1ITTED USES Single Zero Lot Line Two Family and Single M ulti- AND STANDARDS Family Duplex Family Family Detached Attached Dwellings and Townhouse Category 1 2 3 4 5 i Minimum Lot Area 5,000 SF 4,000 SF 3,500*4 3,500 SF 9,000 SF Minimum Lot Width *5 50' 40' 35' 20' 90' Minimum Lot Depth 100' 100' 1 00' 1 00' 100' Front Yard 20' *3 20' *3 20' *3 20' *3 20' *3 Side Yard 6 00r6' *6 o or 6' o or 5'6' 15' Rear Yard 15' 15' 15' IS' 15' Rear Yard *1 5' 5' one story o or 7.5' 5' 5' I 7.5' two story I I Rear Yard Accessory * 1 10' 10' 10' 10' 10' i Maximum Building i 35 feet 35 feet 35 feet 35 feet 50 feet Height *2 i Distance Between *7 I 10' I 10' 10' one story 10' Y2 Building : Principal Structures I I o or 15' two story Height I Floor Area Min. (S.P.) 1000 SF 1000 SF 1000 SF 1000 SF 750 SF Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area. shall define the development standards to be applied by the Customer Services Deparrment during an application for a building permit. For all patio or zero lot units, a conceptual exhibit showing tYPIC:ll building configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. Verification of ingress/egress for maintenance shall be provided for zero lot line units. All distances are in fe"t unless otherwise noted. * 1 - Rear yards for principal and dccessory structures on lots and tracts which abut lake, golf course or open space areas. Setback from lake for all principal and accessory uses may be 0' providing architectural bank treatment is incorporated into design. For preserve areas, all principal structure setba~ shall be 25' and accessory structure setback shall be 10'. Front yards shall bc measured as follows: A. If the parcel is served by a puhlic right-{)f-way. setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road. setback is measured from the back of curb tif curbed) or edge of pavement lif not curbed). C. If the parcel has frontage on two sides, setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. *2 - Building height shall be the vertical distance measured from the first habitable tinished floor elevation to the uppermost habitable tinished ceiling elevation of the structure. *3 - Single-family and multi-family dwellings which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 15' for the garage. *4 - Eaeh half of a duplex unit requires a lot area allocation of 3.500 SF for a total minimum lot are of 7,(X)() S.P. *5 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. *6 - Zcro foot to') minimum side setback on either or both sides as long as a minimum 10 foot separation between principal structures is maintained. *7 Building distance may be reduced at garages to a minimum of 0' where attached garages are provided, and a 10' minimum separation if detached. Agenda Item No. 17 A July 27, 2004 Page 21 of 42 3-3 SECTION IV GOLF, OPEN SPACE (GO) 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Open Space tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERJvlITTED USES AND STRUCTURES No building or structure. or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf Courses and golf training facilities, including temporary golf clubhouses. 2. Tennis clubs, health spas, , and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, inigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilities and pump buildings, utility and maintenance staff offices. 5. Community administrative facilities. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this district. J Pro-shops, practice areas and ranges, golf cart barns, rcst rooms, shelters, snack bars, and golf course maintenance yards. 4.[ Agenda Item No. 17 A July 27, 2004 Page 22 of 42 3. Retail establishments accessory to the permitted uses in the District such as, but not limited to, golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve club guests. 5. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. 4.3 DEVELOPMENT REGULATIONS A. Principal structures shall be set back a minimum of ten feet (10') from Golf Course / Open Space District boundaries and private roads, and twenty-tive feet from all PUD boundaries and residential tracts. B. Accessory structures shall be set back a minimum of ten feet (10') from Golf Course / Open Space District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. C. Lighting facilities shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structures - 2 stories or thirty feet (30'). 2. Accessory Structures - I story or fifteen feet (15'). E. Minimum distance between principal structures - ten feet (10'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. H. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4-2 Agenda Item No. 17 A July 27, 2004 Page 23 of 42 SECTION V VILLAGE CENTER 5.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Tuscany Reserve PUD, designated on the Master Plan as the Village Center District. 5.2 GENERAL DESCRIPTION The Village Center area is intended to serve as a mixed-use component of the project in which primary recreational facilities, limited personal services and multi-family residential uses will be developed. The approximate acreage of the Village Center is identified on the Master Plan, Exhibit "A". A maximum of one hundred (100) multi- family and/or townhouse residential dwellings may be constructed in the Village Center. Development of commercial uses as permitted by Section 2.2.20.3.14 (3) of the LDC shall be in accordance with the provisions of this section including uses, floor area ratio (FAR) and phasing. Commercial uses shall be in compliance with Division 2.8 of the LDC. 5.3 PERMITIED USES AND STRUCTURES ~ 0 building or structure or part thereof, shall be erected, altered or used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf club and club related facilities including but not limited to restaurants, lounges, pro-shops, snack bars, swimming pools, and other recreational facilities commonly associated with the operation of a golf club. 2. Tennis Clubs pro-shops and courts. 3. Health Club and Spa. 4. Townhouse and Multi-family Dwellings, not to exceed 100 units. 5-1 Agenda Item No. 17 A July 27,2004 Page 24 of 42 B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal structures. ') Indoor and outdoor recreation facilities including but not limited to swimming pools, tennis courts, and the like. 3. Gazebos, architectural features, fishing piers, courtyards, golf course shelters. 4. Indoor parking facilities and outdoor parking lots. 5. Golf Club Cabanas - A maximum of ten (10) go~f club cabanas may be constructed within the Clubhouse facility and shall be available for short-term overnight rental for golf club members and guests. 5.4 DEVELOPMENT REGULATIONS A. Minimum Yard Requirements 1. Front Yard: principal and accessory structures shall have a minimum ten (10') yard. Where principal or accessory structures are developed under a common site plan, structures may be constructed with a zero foot (0') yard. } Other Yard: no minimum yard shall be required where a structure abuts a \vaterbody or golf/open space tract. A minimum yard of twenty five (25) feet shall be required from any Residential tract. B. Building Height 1. Principal structures: three (3) stories or a maximum of forty-five feet (45') above finished grade. 2. Accessory structures: one (1) story or a maximum of twenty-five feet (25') above finished grade. 3. Architectural features such as bell towers and decorative architectural features may be a maximum of seventy five feet (75') above grade. 4. Where parking is provided within a principal building, one level of parking shall be permitted in addition to maximum building heights listed in B.I. and B.2. C. Minimum Lot Area: No minimum lot area requirement. D. Parking Requirements 1. Golf Club, golf related facilities, tennis facilities and spa ~~;jgaces for everr one thousand (1,000) square feet of gross floor area of f}ft1tmrcJ~ ~26o~ 5-2 Page 25 of 42 purposes of this section, the calculation of gross floor area shall not include under building parking or cart storage facilities. 2. Residential- A minimum of two (2) parking spaces per unit shall be required. 3. Accessory uses and structures - No separate parking is required for any accessory use within the Village Center. E. Building Separation: Twenty feet (20') between residential and non-residential structures, building separation shall be determined by applicable fIre code requirements. F. Minimum Dwelling Unit Size: Townhouse and/or Multi-family dwelling units shall have a minimum unit size of 1,200 square feet. Golf cabanas shall have a minimum unit size of 350 square feet, not to exceed a maximum of 1,000 square feet. 5-3 Agenda Item No. 17 A July 27, 2004 Page 26 of 42 SECTION VI PRESERVE DISTRICT 6.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Tuscany Reserve PUD community designated on the Master Plan as the Preserve District. 6.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of the Tuscany Reserve PUD residents. 6.3 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, in whole or in part for other than the following, subject to Regional, State and Federal permits when req uired; A. Principal Uses 1. Parks, passive recreational areas, boardwalks. 2. Biking, hiking, and nature trails. 3. Equestrian paths. 4. Wildlife sanctuary. 5. Pathways and or bridges, subject to appropriate approvals by permitting agenCIes. 6. Recreational shelters and rcstrooms, in Preserve upland areas. 7. Drainage, water management, and utilitarian facilities, subject to all needed permits. B. Accessory uses and structures such as walls, berms and slgnage, subject to compliance with Section 7.6 of the PUD. 6-1 Agenda Item No. 17A July 27,2004 Page 27 of 42 6.4 DEVELOPMENT STANDARDS Setback requirements for all structures shall be in accordance with Section32.8.4.7.3, of the Collier County Land Development Code. A. Minimum building setback shall be 25' for principal structures and 0' for accessory structures. B. Maximum height of structures - Twenty-five feet (25'). C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Clearing of preserve areas shall not be permitted if doing so brings the remaining acreage below the minimum requirement of 44.96 acres. 6.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with the provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in any applicable permit granted by other agencies. The Developer, its successor(s) or assigns including any, the master property owners' association shall be responsible for control and maintenance of lands within the Preserve District. 6-2 Agenda Item No. 17 A July 27,2004 Page 28 of 42 SECTION vn GENERAL DEVELOPMENT COMLVlITMENTS 7.1 PURPOSE The purpose of this Section IS to set forth the development commitments for the development of the project. 7.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulation applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assIgns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is hound hy the commitments within this document. 7.3 PUD MASTER PLAN A. Exhibit "A", the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, PUD amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. C. The following shall be considered minor changes and refinements, subject to the limitations of Section 6.3A of this PUD: 1. Recontiguration of preserve areas, jurisdictional wetland limits, and mitigation feature as a result ofregulatory agency review. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, and where there is no further encroachment into preserve areas. 7-1 Agenda Item No. 17 A July 27, 2004 Page 29 of 42 3. Reconfiguration of design features. 4. Internal realignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 7.4 SCHEDULE OF DEVELOPMENT/MONITORli'IG REPORT A1'\lD SUNSET PROVISION A. Initiation of construction on the Tuscany Reserve PUD project is contemplated in the calendar year 2002 with completion of the project infrastructure anticipated to occur in stages. B. Y1onitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. C. The project is subject to the sunsetting provisions of Section 2.7.3.4 of the Land Development Code. 7.5 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the Official Records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest to the Developer that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners associations, or community recreation/public buildings/public rooms or similar common facilities to be used for a polling place if determined to be necessary by the Supervisor of Elections. 7.6 SUBDIVISIO~ REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A. Project landscape buffers and perimeter berm if provided shall be in conformance with Section 2.4.4.18 of the Land Development Code, except as noted below. 1. The berm located adjacent to 1-75 R.O.W. may include landscaped terraces, decorative retaining walls not exceeding 5' in height per wall section and decorative architectural features. The berm shall at a minimum contain landscape material in accordance with the above requirements of the Land Development Code and shall be consistent with Exhibit "B", Interstate 75 Buffer Cross-section. 2. No landscape buffers required adjacent to lakes, golf course or open space tracts, where structures are permitted with 0' setback from said tracts. 7-2 Agenda Item No. 17 A July 27, 2004 Page 30 of 42 3. Fences or walls located adjacent to Interstate 75 adjacent to the projects northern preserve area shall be permitted at a maximum of twelve feet (12') in height and shall be permitted on the property line. B. Sidewalkslbike paths shall be in conformance with subsection 3.2.8.3.17 of the Land Development Code, except as noted below. 1. Section 3.2.8.3.17.3; The primary project entry road and loop road system shall have a minimum eight (8') foot wide pathway on one side of the street, or a five (5') foot wide pathway on both sides of the street, which may meander in and out of the right-of-way. The pathway may be constructed of alternative surfacing material such as crushed shell pavers or stone. Cul-de-sacs shall not be required to provide sidewalks. C. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.H.4.16.5 of the Land Development Code except as follows and the primary drive be in compliance with Exhibit "0", Typical Tuscany Reserve R.O.W. Cross Section: 1. Cul-de-sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 2. All other cul-de-sacs are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 3. All other local streets are required to have a minimum forty foot (40') right-of-way and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 4. Cul-de-sacs may exceed the one thousand foot (1,000') length maximum of Subsection 3.2.8.4.16.6 of the Land Development Code. 5. Tangents between reverse curves shall not be required as per Subsection 3.2.8.4.16.10 of the Land Development Code. 6. Street grades may exceed the four percent (4%) maximum of Subsection 3.2.8.4.16.14 of the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FOOT MUMS) and AASHTO criteria are met. 7-3 Agenda Item No. 17 A July 27,2004 Page 31 of 42 7. Land Development Code, Subsection 3.2.8.3.19: The standard that street name markers shall be approved by the County Engineer and conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. is waived. Street pavement painting, striping and reflective edging of main road system will be waived. Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards. Decorative paver brick patterns of varying color may be utilized to demarcate stop bars and lane striping. 8. Land Development Code, Subsection 3.2.8.4.10: The standard that PRMs be installed in a typical water valve cover shall be waived subject to monumentation being installed in accordance with Chapter 177, Florida Statutes. 9. Land Development Code, Subsection 3.2.8.4.16.8: The minimum back of curb radii for internal roads shall be 30 feet with the exception that both entrance road intersections shall have curb radii of 40 feet. 10. Land Development Code, Subsection 3.2.8.4.16.9: The minimum 100 foot tangent standard at intersections may be reduced subject to a certified traffic study based upon design speed, site distance and adequate recovery zone. This requirement shall not be waived at both project access points. 11. Land Development, Code Subsection 3.2.8.4.21: The standard for blank utility casings shall be waived. D. Lake excavations adjacent to rights-of-ways shall be in compliance with Section 3.5.7.1.1 of the LDC; except that Lake 5, as shown on the Conceptual PUD Master Plan may be constructed such that the control elevation is a minimum of 10 feet from the right-of-way line. As shown in Exhibit "E", provided that a guardrail or structural wall is constructed in conformance with applicable FDOT guardrail or barrier wall criteria, 7.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. All traffic control devices used must be in accordance with the traffic control standards as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. B. All traffic speed limit postings must be in accordance with the Speed Zoning Manual as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. 74 Agenda Item No. 17 A July 27, 2004 Page 32 of 42 C. Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first pennanent certificate of occupancy. D. External and internal improvements determined by Collier County Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. E. Road Impact Fees will be paid in accordance with Collier County Ordinance 2001-13, as amended, and will be paid at the time building pennits are issued, unless otherwise approved by the Collier County Board of Commissioners. F. Any and all points of ingress and/or egress as shown on any and all plan submittal(s) are conceptual in nature and subject to change, as determined by Collier County Staff, The County reserves the right to modify or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include but are not limited to safety concerns, operational circulation issues and roadway capacity problems. G. Any and all median opening locations must be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code (LDC), as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include but are not limited to safety concerns, operational circulation issues and roadway capacity problems. H. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of nor lack of a future median opening be the basis for any future cause of action for damages against the County by the Developer(s), its successor(s) in title, or assignee(s). I. The development will be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways will be separated from vehicular traffic areas in accordance with recognized standards and safe practices, as determined by Collier County Staff. J. The Developer(s) must provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent certificate of occupancy. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, will be provided in c~njun~ti9n m ~~d improvemenHs) as determined bv Collier County Staf'f."gen a em o. A '. July 27,2004 7-5 Page 33 of 42 K. All work within Collier County right-of-way will meet the requirements of Collier County Ordinance No_ 93-64. L. All internal access(es), drive aisles and sidewalk(s) not located within the County right-of-way will be privately maintained by an entity created by the Developer(s), its successor(s) in title, or assignee(s). M. For the north/south Livingston Road segment fronting the Tuscany Reserve PUD, the Developer shall dedicate and convey 50 feet of right-of-way in fee simple title along with a IS-foot wide easement for utility and/or right-of-way purposes. For the Livingston Road eastJwest segment, the Developer shall dedicate and convey 150 feet of right-of-way in fee simple title north of the section line of Section 12. This eastJwest specified right-of-way and utility easement shall be transferred to Collier County prior to the recordation of the Tuscany Reserve Phase II Plat. The developer agrees to release the conservation easement prior to the recordation of the Phase II Plat. The County shall provide appropriate road impact fee credits for the required right-of-way and utility easement. Collier County shall pay an amount for the right-of-way based on professional land appraisals based on fair market values as it was prior to the rezone. X The Developer shall be financially responsible for the cost of revising and supplementing County roadway and utility design plans for Livingston Road to accommodate access, drainage, and utility needs for the Project. O. As a condition of the approval by Collier County of the permanent access along north/south Livingston Road, the Developer shall obtain a written statement of no objection by the Lee County Transportation Department. P. The Developer shall provide lake or pond storage for stormwater attenuation and water quality for the ultimate four or six lane condition of the proposed cast/west Li vingston Road segment fronting the Project. Collier County shall determine appropriate compensation to the Developer for such provisions as part of an agreement for roadway access construction and right-of-way conveyance. Collier County shall either grant road impact fee credits to the Developer or issue direct monetary cash payments for such stormwater management commitments as to be determined in the aforesaid agreement. Q. The Developer shall pay its fair share cost of traffic signals required at the Project access points. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. R. The Developer, or its assigns, shall be responsible to install and perpetually maintain noise mitigation/abatement systems along the north/south and east/west segments of Livingston Road. This requirement is based upon noise studies by the Developer together with vehicular traffic forecasts under the 2, 4 and 6 lane conditions. 7-6 Agenda Item No. 17 A July 27, 2004 Page 34 of 42 S. The Developer shall be fmancially responsible to design and construct approved roadway access and turn lane facilities for north/south an east/west Livingston Road segments on either or both the two-lane and four-lane conditions. 7.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Water distribution, sewage collection and transmission lines to serve the project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on-site water distribution system serving the project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project at locations to be mutually agreed to by the County and the Developer during the design phase of the project. D. Tuscany Reserve Development will be responsible for extending the utilities to its entrance. 7.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental penmttmg shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be the sole mitigation method for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. 7-7 Agenda Item No. 17 A July 27, 2004 Page 35 of 42 C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas, which shall be platted. D. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. E. Petitioner shall comply with the guidelines and recommendations of the Florida Game and Fresh Water Fish Commission (FGFWFC) regarding impacts to protected wildlife species. F. As required by the Ronto Livingston (Tuscany Reserve) Development Order, the petitioner shall follow the United States Fish and Wildlife Service's (USFWS) StanJard Protection Measures for the Eastern Indigo Snake and shall prepare an Eastern InJigo Snake Protection Plan. The Plan shall be approved by the USFWS and shall include: (1) a protection/education plan; (2) a listing of environmental personnel charged with overseeing/coordinating protection measures, and (3) selection of a suitable relocation site prior to the initiation of clearing or construction activities. Only on an inJividual who has previously qualified under a CSFWS ESA section lO(a)(1 )(A) permit, or who has been appropriately authorized by the Florida Fish and Wildlife Conservation Commission (FFWCC) will he permitted to corne into contact with or relocate an Eastern Indigo Snake. 7-8 Agenda Item No. 17 A July 27,2004 Page 36 of 42 7.10 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submittal for development approval. B. Design and constructing of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. C. Prior to Final Site Development Plan approval a Right-of-Way Permit will be required. 7.11 WATERMANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit shall be submitted prior to Final Site Development Plan approval. B. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. C. The petitioner shall obtain all necessary state, federal and local water management related approvals, prior to final development order approval. D. The petitioner shall comply with the Regional Planning Council Staff Recommendations regarding water management related conditions, and shall comply with Collier County's Development Order No. DO-99-2. 7.12 PLAi~NING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 7.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors' and builders' storage and office facilities and the like, may be erected and utilized during the period of project development and marketing consistent with applicable requirements of the Land Development Code. Such temporary buildings shall be removed upon completion of the marketing or construction activity, which they are accessory to. 7-9 Agenda Item No. 17A July 27,2004 Page 37 of 42 7.14 SIGNS A. All Collier County sign regulations in force at the time of approval of this PUD rezoning action shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. B. Boundary Marker Monuments/Signs: 1. Boundary marker monuments containing project identification signs designed to promote the project or any major use within the project boundaries shall be permitted on Livingston Road (N/S & EfW segments) and Interstate 75. 2. Boundary marker sign copy area may not exceed a height of 8 feet (8') above the crown of the nearest road, unless the sign (or wall containing the sign) is constructed on a perimeter landscape berm, in which case the sign shall not exceed a height of 8 feet (8'). 3. Boundary marker monuments/signs may be lighted provided all lights are directed to the sign or are shielded. 4. A maximum of six (6) boundary marker monuments/signs shall be permitted, with a maximum of two-boundary marker signs located along Interstate 75. 5. The sign face area of each side of the boundary marker monument/signs may not exceed 64 square feet for those located on Livingston Road and 72 square feet for those located along Interstate 75 (1-75). Decorative architectural elements may be incorporated into the sign structure; however the architectural treatment shall not exceed a height of fifteen feet (15') from the base of the sign copy. 6. Each side of a boundary marker monument/signs may contain individual project, or direction identifications (message areas), as long as the total sign face area does not exceed the square feet of area identified in Section 7.145. C. Project Entrance Signs: 1. Three ground or wall-mount entrance signs maybe located at each project entrance on Livingston Road induding both sides of the entrance right-of-way and in the entry median. Such signs may contain only the name of the subdivision, and the insignia or motto of the development. 2. No sign face area may exceed 80 square feet and the total sign face area of Entrance Signs may not exceed 160 square feet. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet. 7-10 Agenda Item No. 17 A July 27, 2004 Page 38 of 42 4. Entrance signs may not exceed a height of 20 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm. D. Subdivision Signage: 1. A maximum of three residential and community facilities entrance signs may be located at each subdivision entrance including both sides of the entrance street and within the entry median. Setbacks from internal road right-of-way may be zero feet (0'). Such signs may be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within Tuscany Reserve. Individual signs may be a maximum of 80 square feet per sign face area. Such signs may have a maximum height of 12 feet. 2. Directional or identification signs may be allowed internal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of 8 feet (8'). 3. Residential and community facilities entrance signage decorative walls and architectural features shall be permitted consistent with Exhibit "C" Typical Estate Entry Feature. 7.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 7.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHERN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material, then its of-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Collier County Land Development Code whereby off-site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. All other provisions of said Division 3.5 of the Collier County Land Devc1opm~nt Code are applicable Agenda Item NO.1 r A . July 27, 2004 7-1l Page 39 of 42 ORDINANCE NO. 04- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS fuVlENDING ORDINANCE NUMBER 91-102, AS fu\1ENDED, THE COLLIER COlJNTY LAND DEVELOPMENT CODE, OR ITS SUCCESSOR BY PROVIDING FOR AN AMENDMENT TO CORRECf ORDINANCE NO. 03-28, FOR THE TUSCANY RESERVE PLANJ'I,'ED UNTT DEVELOPMEi'li (PUD) AND BY PROVIDING FOR AN: EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 03-28, the Tuscany Reserve PUD, on June 24. 2003, and WHEREAS, following said action in adopting said Ordinance, an omission was incorrectly made in Subsection 7.6.B.l, Subdivision Requirements And Standard Design Substitutions, of the PUD Document. 0.'OW, THEREFORE. BE IT ORDAL'\iED BY THE BOARD OF COUNTY COiV1MTSSTOl'.-ERS OF COLUER COUNTY, FLORIDA that: Suhseetion 7.6.B.l. Subdivision Requirements And Standard Design Substitutions, of Ordinance Number 03-28, the Tuscany Reserve PUD. is hereby amended to read as follows: SECTION ONE: fu\lENDMENT TO SUBSECTION 7.6.B.1, SUBDIVISION REQUIREMENTS fu"'\iD STfu"'\iDARD DESIGN" SUBSTITUTIONS OF ORDINANCE NUMBER 03-28, THE TCSCANY RESERVE PUD Section 3.2.8.3.17.3 of the LDC. The primary project entry road and loop road system shall have a minimum eight (8') foot wide pathway on one side of the street, or a five (5') foot wide pathway on both sides of the street. which may meander in and out of the right-of-way. The pathway may be constructed of alternative surfacing material such as crushed shell pavers or stone. Cul-de-sacs shall not be required to provide sidewalks. SECTION" TWO: EFFECTNE DATE This Ordinance shall become effective upon filing with the Department of State. Page 1 of 2 Agenda Item No. 17 A July 27,2004 Page 41 of 42 Wonis ';truck Lhrough are deleted; words ynderlined are added. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of _ 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAlRc\1A:.'\J Approved as to Form and Legal Sufficiency: :Ylarjorie M. Student Assistant County Attorney Page 2 of 2 Agenda Item No. 17 A July 27,2004 Page 42 of 42 Words struek through are deleted: words underlined are added. Shoot I of 2 A VPl..AT2004-AR5547 - EXECUTIVE SUlVllVIARY Recommendation to approve Petition AVPLAT2004-ARS547 to disclaim, renounce and vacate the County's and the Public's interest in the 15 foot wide drainage easement located on lots 27 and 28, according to the plat of "North Collier Industrial. Center," as recorded in Plat Book 31, Pages 50 through 51, Public Records of Collier County, Florida, and to accept a 15 foot wide relocation drainage easement on a portion of lots 28 and 29 of said '"North Collier Industrial Center" located in Section 10, Township 48 South, Range 25 East. - OBJECTIVE: To adopt a Resolution to vacate the 15 foot wide drainage casement located along thc line common to lots 27 and 28 and to accept a 15 foot wide relocation drainage casement on a portion of lots 28 and 29 of said "North Collier Industrial Center." CONSIDERATIONS: Petition AVPLAT20Q4-AR5547 has been received by the Engineering Services Department from Blair Foley, P.E., as agent for the petitioner, Business Lane Development, Inc., requesting the vacation of the 15 foot wide drainage easement located along the line common to lots 27 and 28. The petitioner owns lots 25 through 31 under two corporations, Business Lane Developmcnt, Inc. and Phase One, LLC. Lots 25 through 31 w1ll be combined into one development site which will contain two buildings. One of the proposed buildings will be located over the platted 15 foot wide drainage easement located along the line common to lots 27 and 28. This platted drainage casement needs to be vacated and the 15 foot wide relocation drainage easement will be located between the two proposed buildings. Letters of no objection have been received from the following Collier County Offices: Engineering Services, Transportation Services Division and North Naples Fire Control & Rescue District. A letter of no objection has also been received from North Collier Industrial Center Property Association. The property is zoned for industrial use. FISCAL IMPACT: The Zoning and Land Development Review Department has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the petition. -- Agenda Item No. 178 July 27,2004 Page 1 of 40 Sheet 2 of 2 A VPLA T2004-AR5547 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation to: 1. Adopt the Resolution for Petition A VPLAT2(X)4-AR5547 for the vacation of the 15 foot wide drainage casement located along the line common to lots 27 and 28 of said "North Collier Industrial Centcr"~ and 2. Accept a 15 foot wide relocation drainage casement on a portion of lots 28 and 29; and 3. Auth01;ze the execution of the Resolution by the Chainnan of the Board of County Commissioners and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 4. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. - Agenda Item No. 178 July 27, 2004 Page 2 of 40 Item Number Item Summary Meeting Date Approved By Sandra Lea Community Development & Environmental Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17B ThiS item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve A VPlA T2004- AR5547 to disclaim, renounce and vacate the County's and the Public's interest in the 15 foot wide Drainage Easement located on Lots 27 and 28, according to the plat of <<North Collier Industrial Center," as recordeej in Plat Book 31, Pages 50 through 51, Public Records of Collier County. Florida, and to accept a 15 foot wide relocation Drainage Easement on a portion of Lots 28 and 29 of said "North Collier Industrial Center." Located in Section 10, Township 48 South. Ran(Je 25 East. 7/27/20049:00:00 AM Executive Secretary Community Development & Environmental Services Admin. Date 6/23/20041:10 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Date Community Development & Environmental Services Admin. 5/24/2004 10:26 AM Approved By Thomas E. Kuck, P.E. Community Development & Environmental Services GOES Engineering Services Director Date GOES Engineering Services 6/25/2004 8:46 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 6/28/20049:32 AM Approved By Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 6/30/20049:03 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/14/20044:45 PM ,\pproved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 7/15/20041:46 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Agenda Item No. 17B J[ft~~ ~AM Pa~'" 3 ur 40 Office of Management & Budget RESOLUTION NO. 2004. RESOLUTION FOR PETITION A VPLAT2004-AR5547 TO DISCLAIM, RENOUNCE AND VACATE THE COUl\'TY'S AND TIlE PUBLIC'S INTEREST IN THE 15 FOOT WIDE DRAINAGE EASEMENT LOCATED ON LOTS 27 AND 28, ACCORDING TO THE PLAT OF "NORTH COLLIER INDUSTRI.AL CENTER," AS RECORDED IN PLAT BOOK 3J, PAGES 50 THROUGH 51. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. AND TO ACCEPT A 15 FOOT Wl.DE RELOCA nON DRAINAGE EASE.\1ENT ON A PORTION OF LOTS 28 AND 29 OF SAl.D "NORTH COLLIER I.!'DUSTRIAL CENTER:' LOCATED I.N SECTION 10. TOWNSHIP 48 SOUTH. RANGE 25 EAST. WHEREAS. pursuant to Sl'dion In.IOI, Florida Statutes. Blair Foky. r.E.. as agent for the pctithmer. Business Lane Development. Inc., docs hereby request the vacation of the 15 foot wide Dminngc F...lscment located along the line common to Lots 27 and 28 according to the plat Df "North Collier Industrial Center" as recorded in Plat Book 31. Pages 50 through 51. Public Records of Collier County. Flmida. and to aco.:cpt a 15 foot wide rclo..:ation Drainage Easement on a portion of Lots 28 and 29 of said ":\orth Collier Industrial Center": and WHERE.i\S. the Board has this day held a puhlic heating to consider vacating the 15 foot wide DrJ.in~lgc Eascmcntlocated along the line common to Lots 27 and 28 ut'cording to the plat of "North CnJlicr Industrial Center" as rn'urdcd in Plat Book 3I. Pages 50 through 51, Public Records nf Collier County. Flotida. and to accept a 15 foot wide relocation Drainage Easement on a portion of Lnts 2H and 29 of said "North Collier Industrial Center", as more fully described helow, ;U1U notice of said puhlic hearing to vacate was gi.ven as required by law: and WHEREAS. the granting of the vacation will not adversely affcctthe owncrship or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the County's cascment interests dyer and across the following 15 foot wide Drainage Easement arc hereby vacated, extinguished. renounced and disclaimed. and this action is declared to be in the Publie's interest and for the Publk's benefit: See Exhibit "A" atl.J(;hed hereto and incorpnrated herein. P~lg..: i <1t" 2 Agenda Item No. 178 July 27, 2004 Page 4 of 40 ,- BE IT FURTHER RESOLVED BY TIm BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the 15 foot wide Drainage Easement, more particularly described in Exhibit "B" attached hereto and incorpordtcd herein. is hereby accepted as a relocation Dminage Eascment for the Drainage Eascment vacated herein. BE IT FURTHER RESOLVED. that the Clerk to the Board is hereby dirccted to record a ccrtined copy of thi'l Re<;oIutioll in the Official Record'l of Collier County, Florida. and to make proper l10tatinll of thi<; vacation on the recorded plat as referenced ah(wc. I11is Resolution is iu.lopted thi" Jay of 2004, after motion. second and ml~01ity vote favoring same. DATED; A lTF~'iT; DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIO.'iERS COLLIER COUNTY, FLORIDA BY: Donna Fiala. Chairm.m Deputy Clerk Approved as to form and legal sUlficicncy: Jennifer A. Bclpcdio Assistant County Auorney P;l~t: 2. \If::! Agenda Item No. 178 July 27, 2004 Page 5 of 40 fF I fIj t:! ~ ~ ~ ~ c:::i ~ ~ :.. ~ ~ !S CI) ~ ~ ~ -~ : ~ ~ ::08 E-o-j::l ei~j ~~~ ~~< ~ ~ ~ ~~ It ~ E..; G ~ ~ ~ E.... ~. ~ ~ ~ I I I I I r-- I I .4. l::J~lIJ. J /'CNOSV3 ""dJ .()OI '3. Jf', ~oo 'S I I~ I~ I: 'OJ )~ I ~ ~I Yi ~I 111 II ' II I I II III I II II! r-'-- -.--.--.--.----.-rl--- 'j.~C,90.00'N I I I I I I III II I I " ~I J I I ... ~I I ~--_.__.__.__.__.__.jj. _. I i~ Iii" I I t II , I ~~ ~ II I I!! 3 II ~ I 1-- _ ___' _ _.__._ _._ _._ L L!..~ I I il I II .. 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'<;::~ 1!1 i~1 i ~I;~I ~~8it _g;lu~ ~~+di I:iJiw ii~lb w~~~tl!! ~!!;.Bglrf :Jl ~~ u - I.l.IC --, - 01 g:c; Ol~r- ~ :;/ ........~ ~~!~~~ ~;$):,?{ ~"'::;; '<~ u<~ ~Olo.; ~i... ll:~ ,::0 <rlt~ ~lifil o '" i5 .~ ~~~ ~~~ - '< Ii> a.::t "f :8ZIIO"'" tD ~ ~....~ "f... N Ch ~ lD ~ I Vl . a: Q..lt ~~ 0;2 u~ CI.lIll ~:3 ~>- ~~ ;:Ji7l CI.l~ O-J ~:i ~;: ~o VI III ~ if ~ ~! , Il;' \.l- ~!3 J l5::1lo ~n .:ze II .~ cal 12 ~2~ "~(8 ~ s~ ~~ .- ; I ~~ft CD CQ"<tO "o"<t ...-0_ .N 0 o -" z~Q) E>.O> Q)-ro _:::Ie.. --, ro '0 c Q) 0> <( [.pET' -noJ.i\ (i) Attachment "B" Date Received: lv'7 ~ IZ J q . z""iJ. , PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDMDED LAND 1=4.V p/..J;rZ004 -Fl-e 654.7 Petition II: PetitioDer:13\.l~;"" C!' ~ LI't;1l~ Address: << 0 ~ $"'3 lotS 4l City/State: N ~ I/?l eJ I F L I D~()~L.ot't'1 E'AJ~ No ,t.. 'Tlt 3&1(0 '2 Telephone: G"YB - .s-coc- Zip Code: '3 &.( (0 8 Legal Descriptioa: Reasoa for Request: Current Zoaial: Agent: C?tA~""'" A. FoC ~\ " P ~,' l...L. c.. Address: ('lO E-O<:i1~ ~ 5 ClJn~ City/State: H.Q.~(~ P'c- , Address of Subject Property: t.4f:s 'l r - , , Colt i ev c ~c.- *" Wft.y ('" r< - CcH(, 0"'" Locatioa: SectioD CO Townsbip q8~ Ranle 'Z..S"'E Subdlvisioa: ,u"II~~tt'- Lot ZS'- 3' Block,v( ~ Ualt.vl ". Plat Book ""3 , Page(s) S"'Oj S , ~~er ~;"'....r AJAQ, ~ ~..,," e~r :r:= Does tbls afl'ect deuslty? tJ.o Telepboae: z..'- 'J. a.z.:l__ Zip Code: T 4' ("d S- I bereby aDtborize AleDt above to represent me for tbo petition: -EtYes iW CI1,a.;2.~ Slpatare 01 PetltloDer DNo -,2-' J-C~ Date U)', \.~ t QWI. ,. r I...a. DIy\'" \......I . . I . Print Name entle ) Please see "Polley and Procedure lor the VacatioD and ADaulmeat ofPlatl or PortlOal olPlaa 01 Subdivided Land" for tbe list of supportive matertall which mlllt accompa.y this petitIoa, aDd deliver 01 mail to: . CommDDlty Developmeat 8r. EavlroalDeDtaJ ServIces Dlvtsloa Planalnl Services DepartmeDt 1800 North Bonahoe Dr. Naples, Florida 34104 (1) (1) (3) (4) If appllcaDt II alaad trast, indicate tbe Da... ofbenet1c:laries. If appllcaat Is a corporattoa other tbaD a public corpontioa, iDdlcate the aame of omcen aDd major stockholden. U appUcaDt Is a partDenhlp, limited parmenblp or otber buslDesI eDtlty, Indicate the DIme of priadpals. Agenda Item No. 178 Ustall otbercnmers. July 27,2004 Page 8 of 40 .-. [;:: Ee JZE:C.:e:./ Pr J Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 466120 I Date i 3/11/2004 4:41 :42 PM Post Date 3/12/2004 Nbr Appl Name: BLAIR A FOLEY, PE, LLC Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 120 EDGEMERE WAY SOUTH NAPLES Fl34105 Proj Name: NORTH COLLIER INDUSTRIAL CENTER Type: IND TAZ: 6 Subdiv Nbr: 3014 Project Nbr: 19993697 Payor: CHAPIN Fee Information ! Fee Code i Descriotion I GL Account Amount Waived I : 10TRVC I VAC EASEMENT-ROW 113113832632910000000 $1000.00 I Total $1000.00 Payments Pa ent Code Account/Check Number CHECK . 2496 Total Cash Total Non-Cash Amount $1000.00 $00001 $1000.00 $1000.00 I Total Paid Memo: Cashier/location: GARRETT _S / 1 User: WILLOUGHBY_C Collier County Board of County Commissioners CD-Plus for Windows 95/NT ~~~~m~~t> PM Page 9 of 40 THIS fNST'RUIrIENT WAS ~ARED BY; G. HelM AI\In. &Qulfe Gfwlt. P1I4llI.~. Mw.'~. P A. 5051 ~\c:lgM1IlOad orNe. ~ S01 NIIIIM. FIartlY 34 108 2J9I5 14.\000 335'1 !3Z44- P.04 ..... i.- imaaL...- ;1-" _:11. "'tS/M3 It 11:17" __ .. .., ~ . ftI u... _-.71 .JJ Sep-09-03 lO:36A r. .. 11m: ~ Cll.-.If U 1ICI . [ DEeD 1 . .. ... ~ I II ~i' 'fl .ll ~ THIS INDENTURE, nude dlis ~ day of l:t"2003. by and b.....'" DONALD · .1 .. AVELLINO a.Dd CYNTHIA AVEU..lNO, buabaot .... wile (the "Grantorl', and · ...1 BUSINESS LANE DEVELOPMENT. INC. a P10ricIa corporation (the "Gtantee'') whole i ~ !. mailing add:esa 10353 Tmmmi TWl North, Naples, FL 34108. t...~ 8 ! .. WITNESSETH: 11at the said Grantor, foz and in conaidentioD of the sum of TEN o 8 N DOlLARS ($10.00) and other valuable consideration to Grantor in band paid by Grantee, the ~ _~ rc:ccipt whereof is hCTCby acknowledged, hettby grants, bugains, and sells to the said Gtantee, ~ : if Grantee's hein, success on and assigns forever, the following desaibed land, situate and being in the 8 ! rB COWlty of Collier, 5tllte or Florida, to wit: ~ ~ . . J)o ~ I~ . '" .... ,,~ SUBJECT TO conditions, l.imitllbons, restrictions, re5elVatioas and easements of record ) ~ ~ which are common to the subdivision in which the property ia louted IDd taxes for the year 2003 1!" and subsequent yean. t'~1 I ! I AND the said Granto% docs hereby fu1ly wurant the tide to said land, and will defend me i 3 ! .wne ~t the 1&wful claims of ~ pel'S()Q$ WhomsoeoTU. ... .: e 1 IN wrrNESS WHEREOF, the said Grantor has caused these presents to be executed as f." provided by Caw, on tfus, tile day and' yca.r tint above written. FOR OfflClAL USlONLY · {..~;x .l~a WAlU\ANTYDEED SEE ATIACHED EXHIBIT A Property ID N~r: Agenda Item No. 178 July 27, 2004 Page 10 of 40 Sep-09-03 lO:36A P.OS VA. ~~~ ru. ~'~J 33G~/3Z4-.5 Siped, SaJcd and Delivered \on the presence of: -1M:- A9~A,~ DONALDA 0 S' P.r:inted~uy-.<>f Wi ess #1 ~~~~ Sp~ of Wiblc;,'!1 #2 c.,yltHfQ.. rn(di('~ Printed Na.me of Witness #2 ~Ujl~ A VEu..INO STATE OF FLOlUDA ) COUNTY OF COWER ) I HE~ERTIFY that the foregoi.ng instrument waa acknowledged before me on thia is!!. da, of "., 2003, bz.-OONALD AVELLINO .aod CYNTHIA AVELLINO, who are penonaUy known to me ~ (no) OR who produced as Ule.D6ation. ~4 t!4uV ~tuy Public - State of Florida t::....- lH1tllP L. CCa,r- TypId, Jftllll}#ti. fir Pm/td NtI11It Dj Nolary My COtnmiasiOD Expiru: _Lea. III -. J'WCC""" . ~""'''IIM .....,.--~ Agenda Item No. 17B July 27,2004 Page 11 of 40 Sep-09-03 lO:37A P.06 ,,&\, 'tltJJJ IV, 'tlCO'lU '335'1/3Z4/p LEGAL DESCRIPTION Lots 25, 26, 27 and 28 and the East 21 feet of Lot 29, North Collier IndustriaJ Center, ~ording to the plat thercof recorded in Plat Book 3 t, Pages SO through S I, inclusive of the Public Recorda of Collier County, Florida. Agenda Item No. 178 July 27,2004 Page 12 of 40 ( . t I' ,.,: , .' THI8 INS'I'JWMENT MlU PREPARED BY.' Go _ AIlIIl, EIquft GIIII, FI*I. PtIlIIon. MIlA I C.-. P.A. 555' ~.,.... s. SOt NaflIoI,"- 34'01 2JMI~llIM 3162356 OR: 3262 PG: 0892 U~IDU ill O1UCIlI. UCtIlS of COW.. coon, n ommen It tt:JUIIIlfIGIt .. "lei, CUll ala &O"t.OO uc: m H.ot DOC'.lI 1m." .IU: COllOr COl.JI.U IT l~ PIcl UP (.oEED( FOR OJ111ICJAL USE ONl.Y WARRANTY DEED THIS 1NDENTU1\E, m.le tm....J':!!.. day of Apri!ZOO', by Uld benleen DONALD AVELLINO and CYNrHlA A VWlNO. busbaad asci wife (tile "Grantor"). and PHASE ONE. LLC . Flarida limited liability compmy (the -Gramee") whOle mailiu; address I Bluebill Avenue 1104. Naples, FL 3<1101. WITNESSEni; Thu me said Graar.or, for and in consideration of cbc IWn of TEN DOlLARS (SIO.CO) and other valuable coasider:atioa to Grantor in hand paid by GI'aDleI!, the receipc whereof is hereby admowledpd, hereby puts, barpins, and .n. to the said Gra.lUee. Grantee's heirs, sua:essors md usipl forever, the foUowiaC described land, siEuue and beinC in the County of Collier, Stue of Florida. co wiI: SEE ATrACHED BXHmrr A PropcnyIDNumbcn ~t'tf)~OOOOft:J~ SUBJECT TO condiuons. limitatioru, restric:tions, reservations and ea5emcnu ofIrecord which are oommon to rhe subdivisiOll in which the propcny is 10CilEcd and taxes for the year 2003 and subJequcnc years. AND the said Grantor docs hereby fuIlr YamIDI: the tide to said land, and will d.e{ead the same apinsc che lawful claims of .n pmou whomsoever. IN W1TNESS YHIllEOF. the Jaid Gnmor has caused rhese presema to b. executed as provided by Iaw,o.D this, die day and year fira above wrinen. Agenda Item No. 178 July 27, 2004 Page 13 of 40 OR: 3262 PG: 0893 Siped. Sealed and Delivered in me presalCle of: h. ru,-~ si~!t~M~ Printed Name of Witness 11 ~~~ DONALD A 0 ~-*'- (}_~_...D Si;n.-ure of Wi~ '}z m.te //1'" . ~).I) Primed Name otWitoeul2 ~~,d;Z"~ C A A VELUNO STATE OF FLORIDA COUNTY OF COLI.IER I HEREBY CERTIFY that the loresoiaa ilUErwn_t was Kkaowlcdged before me OIl thu ...!:L d.y of April 2003, by DONALD A VELUNO and CYNfHlA ~UNO. who are persaaally known to me (yes) (!9> OR who produced ..d~"--__.,, . -- .. idontifiQtion. (S-J) ~ & tu--l-- NOW'}' Publi.-: - Snu Florida m /A!/AAJ,t.,~ (1J.4-~~t:J T ypetJ. "."ptrl. or Printed Nlm, of Normy My Commission Expires: Agenda Item No. 178 July 27,2004 Page 14 of 40 EXHIBIT -A. tit OR: 3262 PG: 0894 *it Lots JO aud 31, and the W~ 79 fee of Lx 29, North Collier InduRrial Cenar, ~ r.o die pIc Ihmcl RCOtded in PIa Book 31, Pap 50 duoaF St, ~ ollhe Public Recorda ofCQUicr O:Jwxy, FIcrida. Agenda Item No. 178 July 27, 2004 Page 15 of 40 Parcel Page 1 of 1 !~Sl~ Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2003 Tax Roll Inquiry System OWNER INFORMATION I Name:IIBuSINESS LANE DEVELOPMENT INC I Address:1l10353 TAMIAMI TRL N I Address:1I I Address:1I I Address: II I Address:IINAPLES, FL 34108-1906 I I VALUE/EXEMPTIONS I Taxble Value:1I140940 I Millage cOde:1I143 I Homestd Ex:1I0 Agricllr Ex:llo Widow Ex:1I0 Blind Ex:1I0 Disabled:1I0 Veteran Ex:1I0 Wholly Ex:i10 Civilian Ex:i10 I TAX INFORMATION I I County:1I586.58 School st:lIs59.39 Schoolloe:1I360.1o City Tax:llo.oo Dependt:II113.72 Water:1174.21 Independ:1I155.75 I I Voter Appr:llo.oo I I Gross Tax:111,849.75 I I Appr fee:llo.oO I I Advertising:1I0.00 I I PROPERTY INFORMATION I Parcel:I!64040000624 II Acre:llo.54 ~11040 COLLIER CENTER WAY, NAPLES (MaRl I Legal:IINORTH COLLIER INDUSTRIAL I Legal:!ICENTER LOT 27 I Legal:1l ~I PAY TERMS I Nov:!i1,775.76 I Dee: II 1 ,794.26 I Jan:1I1,812.76 I Feb:111,831.25 I Mar:111,849.75 I Apr:1I0.00 I May:llo.oo I " """'.~t&.i;i~r.;;:"'~ ,~1~~:@E~~~J.~~ . Last Updated: 6/13/2004 5:00pm http://www.colliertax.comlRecordDetail. asp?F olio ID=64040000624 PAYMENT INFO Paid Dt :1111130103 Recpt:1I72191 Mach: 1109 Paymt:1l1,775.76 Mort:llo STATUS INFO. Non Ad Va:IIH I Installment:IIN I Deferred:IIN I Bankrupt::!IN I TDA:1I0 Agenda Item No. 178 July 27,2004 Page 16 of 40 6/14/2004 Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2003 Tax Roll Inquiry System [~~p;1 OWNER INFORMATION I PROPERTY INFORMATION I Name:IIBusINESS LANE DEVELOPMENT INC I Parcel: 1164040000640 " Acre:1l0.65 I Address:1I10353 TAMIAMI TRL N ~11036 COLLIER CENTER WAY, NAPLES (Map) I Address:lI I Legal:IINORTH COLLIER INDUSTRIAL I Address:ll I Legal:llcENTER LOT 28 AND E 21 FT OF I Address:ll I Legal:IILoT 29 I Address:IINAPLES, FL 34108-1906 , I Legal:1I I I VALUE/EXEMPTIONS I TAX INFORMATION I PAY TERMS I PAYMENT INFO I Taxble value:11170538 I County:1I709.76 I Nov:1I2,148.68 I Paid Dt :1111130/03 I Millage Code:1I143 I School St1lS76.87 I Dec:1I2,171.06 I Recpt:1l72190 I Homestd Ex:1I0 I SchOOlloc:11435.72 I Jan:1I2,193.45 I Mach:lI09 I Agricltr Ex:llo I City Tax:1I0.00 I I Feb:112,215.83 I Paymt:1I2,148.68 I Widow Ex:110 I Dependt:1I137.61 II Mar.112,238.21 I Mort:1I0 I I Blind Ex:llo I Water:1I89.79 II Apr.llo.oo STATUS INFO. I I Disabled:llo I Independ:1I188.46 II May:llo.oo I Veteran Ex:1I0 II Voter Appr:llo.oo I Non Ad va:IIN InstallmentllN I Wholly Ex:llo I I Gross Tax:112.238.21 I I Civilian Ex:llo II Appr fee:llo.oo I Deferred:IIN I Advertising:llo.oo I Bankrupt:IIN TDA.llo . :l', ,.~1;;~' _. ;: t 1'1\ ."~ +, "'. "t~~..." , Last Updated: 6/13/2004 5 :OOpm http://www.colliertax.comlRecordDetai I. asp ?FolioID=64040000640 Agenda Item No. 178 July 27, 2004 Page 17 of 40 6/14/2004 Parcel Page 1 of 1 r;~l~l Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2003 Tax Roll Inquiry System OWNER INFORMATION I Name:l!PHASE ONE LLC I Address:1I1 BLUEBILL AVE APT 104 I Address:1I I Address: II I Address:1I I Address:IINAPLES, FL 34108-1701 I Iv ALUE/EXEMPTIONS I TAX INFORMATION I I Taxble Value:11111342 I County: 11463.40 I I Millage Code:II143 I School St:II441.92 I I Homestd Ex:1I0 Schoolloc:1I284.48 I Agricltr Ex:llo City Tax:llo.oo Widow Ex:llo Dependt1l89.84 Blind Ex:1I0 Water:1I58.62 Disabled:i1o Independ: 11123.04 Veteran Ex:llo Voter Appr:1l0.00 Wholly Ex:!iO Gross Tax:I!1,461.30 I Civilian Ex:llo Appr fee:1l0.oo I I Advertising:I!O.OO I I PROPERTY INFORMATION I I Parcel:1I64040000666 II Acre:llo.43 I ~I1032 COLLIER CENTER WAY, NAPLES {MaRl I I Legal:IINORTH COLLIER INDUSTRIAL I 1 Legal:llcENTER LOT 29 LESS E 21 FT I I Legal:1l I I Legal:ll I PAY TERMS Nov:111,402.85 Dee:111,417.46 Jan:1I1,432.07 Feb:1I1,446.69 Mar:1I1,461.30 Apr:llo.oo I May:llo.oo I ...,;:~1~1 Last Updated: 6/14/2004 5:00pm . > ........ ~...'" "'-"T.:-,ol" ," http://www.colliertax.comIRecordDetail.asp ?F olioID=64040000666 PAYMENT INFO I Paid Dt :1111/30/03 I Recpt117538 I Mach:ll06 I Paymt111,402.85 I Mortllo I STATUS INFO. I Non Ad Va:IIN Installment:I!N Deferred:llN Bankrupt:lIN TDA:llo Agenda Item No. 178 July 27, 2004 Page 18 of 40 6/15/2004 :~ s ,U'l:l:OIl;() " !U:OI".t6'lIO ~ ~: "~ ~, ~ M, !'I ~ M e ~ :~ ~. ~ ~. . i' ii 5 ~ u ;- u '" ~ . ~ ; ~ ~ 3 t~ J ~ 'I.'" ..... Cl ... . I ,-~ '~~\flj~ ; e f ~':<: :l: ... '" ;;::-' ,oj ill ~ ~ "' ... ;;; >l ;:; " ~ : ~ I'l .. .1'( ::l ;\ Il , _ ...... '" 'c~ Ill' :II ' ~ L-- R c (I,ll! ~~~~Sd \ , ~II LlJ ... ft~ I ~ g ::: . C\I 0 o -0) Z~..- E>.Q) Q)-Cl ::::~co CO a. "'C C Q) Cl <( ~. ~ .~ lid , ~ In II I. i i ill! 'I ill!l! II hIJ1"1l! II H ~i I ~ ~ ~ >~ ~ ~{IJ ~ z<UOO ,,~.....> ...~=oo o~~z ~::~S ~,.....~~ :s~~~ ~~~~ o~ 0 u~ r-. ~ Z .. ~j .~ ~ . . ... 03/17/2004 13:45 FA! ~008/010 Page lofl [ ~~~~~Tl Details Owner Name TREAD~LLNAPLESLLC AddftA.. 411 EUREKA RD City WVANDOTTE I StateD MI I ZiD. &8182 - 5N1 ~lIal NORTH cowelt INDUSTRIAL C@NTER E 75fT 0' LOT 5 AND W 40FT 0' LOT G Se~lon 10 Acr.. G.62 llubNo. "e NORTH COlliER INDUSTRIAL CENTER IMPROVED INDUSTRIAL 2003 Final Tax Roll Values Latest Sales History Lilnd Value '162.414.00 . (+llmDfo.,.d Value S "21.583.00 Ca) Marlcel Valul S 590,997.00 (-) SOH ElI.empt Value $O.DO (.) As__ Valu. S 5IlG,QS7.00 H Homestelcl and oUter l.temDt Value $ltOO (-) Tuable Value $ 510,67.00 Date Book - Page AmoYl1l 03 I 2G03 U~1 ...21Jl S 115,000.00 07 11H9 25&7 - 31. S 112.500.00 SOH. .Save OUr Homes. exempt value due to cap on asseumen! increases. -- The Information \I Updlted Weekly. http://www.collicrappraiser.comIRccordDetaiLasp?F olioID=OOOO064040000 18 fgend a j~~ 2~/~V~ Page 20 of 40 ~ 007/010 Page 1 of 1 / ~~~~'-l 03/17/200~ 13:45 FAX - - - --- Details '0110 No. ~20a Map Owntt Nlme COUIER CI!NTER WAY DEV IHe Ad...... 10353 T.....AMI TR\. N Cib NAPI.ES I Statea F I. I ZIDI34101-1'0& Legal NORTH COLLIER INDUSTRIAL C!NTER E 10FT OF LOT e AND L.OT T Sectlan 10 Ranqe 2d Au.. 1-'1 Sub No. NORTH COLUI!R INDUSTRIAL CENTER IMPROVED INDUST~L 2003 Final Tax Roll Values Latest Sales History LancI Velue S 367.112.00 (+) ImprO"leel Va Iue S ....,8tUO fal MlIrket Valu. S 1,:l3Z"".DD (.1 SOH !umlllt Value 10.00 (-l"'..HHd Vah,. S 1.332.411,00 , t-I Homnt.ad and athe, !xemot Value SO.OO (-I Tuab.. Value S 1,312.411.00 ~ 1t~-1 look. Page .u.~ I AmoUllt I $ 311.S00.DO SOH · .Save Our Homes" exempt value due to cap on assessment increases. - TIle InfOlmlltlan it Updated Weekly. Agenda Item No. 178 http://www.collierappraiser.comIRecordDctail.up?F olioID-oOOOO64040000200 July 2 7 ~~a~ Page 21 of 40 03/17/2004 13:45 FAX Details ~ 008/010 Page 1 0 f 1 l +=U::O'Rc.E 1-41 olt:J,uEl::. - ----- - Current Ownershl Pro,. Addrt& 100'5 COLU!1t CEHftR WAY Owner Name e T INDUSTRIAL LLC Addre.... ". BYRON W T~eRICE JR 8111 BA'" COLOMV DR CItY NAPl.ES T StateU FL I ZiDa 3.101 -1"' l.eGal NORTH COLLIER INDUSTRIAL CENTER LOT I.' & 1 D Sectio" 1D Acres 1.11 JoIap No. 3A10 SUtl No. -'e ~ORTH COLLIER INOUST~IAL CENTl!R IMPROVaD INDUSTRIAL 143 2003 Final Tax Roll Values Latest Sales History Unci Value I ".0".00 (4-1 In\prcwM Value $.31.12".00 (a) Marbt Value S 1,~,192.oo 1-) SOH Exempt Vllue $D.OO ,-) AunHd VII"e $ 1."'''192.00 H HDmestead and Dther !xIlmot "alue So.oo la) Taxable ValuQ $ 1,401,192.00 01~ I Book - ".p atlL.9.1.t I ~:'ooo.oo t SOH... .Save Our Homes- exempt value due to cap on assessment increases. - The InfCll'lTlltiOn I. UpcAlad WllltllIy. Agenda Item No. 178 http://www.collierappraiser.comlRecordDetai1.asp ?FolioID:c0000064040000242 July 273aOLbl Page 22 of 40 z . ! j I .h. I I~ IIII ni:j ~ hili IIIII II Inl III' '111" I. i I ft III I I ;p I I I IlllWJdlJI 'I . .H. J~ I .1 n ! ! t" ~ I. 11 ~ I .1 '" l jl J i if 'I in ! I ! .. ~ I Ii , .I! ,~! "i I I P::;. II I- ~I. II I t 5:1::. I j I ~JI! Ii If ... ~ ij ,11 III .~I III, ~fh 1.!I.i. III i ~I -..III ~ II I' II Ii b 3 !!i sin! III I ~ ( I II!II il a - . . iiiii I In' I I I hi I Ita i !!I . . i. I f ?ITE J Pt..J:;-.J Agenda Item No. 178 July 27,2004 Page 23 of 40 .3- BLEEDER = 12.5 INV. S. = 12.8 MAIN TO F.D.C. COLUER CO LEAD, BOX COUNTY. [?&TE J PL. R-#-J ", t.)( '- / 'Ol ..; m 8 2 J 225' 22.5' 25' 25' b lI'l F.E. INV - 10.0 Lot 29 ~ CONTRACTOR Io4ATCH GRADE N 89- 53' 28" W so' DRAINAGE EASEMENT Lot 28 ~ Lot 738.73' SCAlE: 1- - 3' ~ Blair A. Foley, P.E., LLC Civil E . eer / Develo en! Consultant 120 Eda= WII'f SouIh Naplca, Fl. 341M Pbone (239)263-1222 Cd! (239) Z89-4900 Fax (239) 263-Mn DATE E .....il toloOOO@.wl.com 12/06/03 Site Development Plan 15' Drainage Easement l1JiiiT 0 L 0 'P E- N ~~ t> ~ 1 I l- ll! c l- ll) .0 II ~.; ~ 1) TRACT oAo AKJ T'AACT or! (COWER CENTER WAY ANI) IIUSIHESS lNl[): FOR g c M PERPEl1..W. USE Of M PUBUC AND COWER COUH1'l' ~ 2) A to FOOT WIDE W1DSCAPE 8UFnlt EASOlO/TS (1..8.E.) COfT'EMD ON HJ. COWON ~ s . lN1!RlOR SlOE LOT UHD, TO THE NORTH COLLIER INDUSTRIAL ClNTlR OWHIRI . I:: :: IT! ""OCIATION~IOA CORPORATION,W1TH RIlPONIIIILITY FOR MAINTENANCE. i ~ 3) ALL ~ (D.E.) TO CQ.UP COUNTY AHO lHI NORn4 CXll..LlOt IlOUSmW. o CEHrf:ft OWNERS ASSOCIATION. 1He., A F1.DRIDi' COfIlOlIIATION. i u. -t:=- SAlO DIWfUoG[ EASOoID/TS WLL BE PRIVATELY WAlNTAlNED IV THE NOffl'H . 4 : IHOUST'RW. CtMEIt OWNERS ASSOCIATION. NC., A FlORlOA CORPORAT1ON ~ ~ 3 COl.LJE]t COUNTY HA<AAG NO RESPONSIIILi1Y FeR JoWHt'tHANc:E. ~ 8 4) AU. LJoHOSC<< BUFFER EASDlENTS (I.. I.E.). TO THf: NOImf COWER lNO'JSTRW. COITElt ~ i OWNERS ASSOCIAT1ON. INC.. A FtORIDA CCRPORAT1ON, .!WITH RESI'ONSI8II.1TY F'OR WAINTDWlCr. it >-. 5) TO THE COUJER COUNTY WArot ANO SEWER OISTRICT. AU. WATER AND stWUt FAal..JnU TO . ~. "'z BE COHSTRUC1tD wmt.. TItS PlATTEORE~EDAHO ~ COUNtY UTIJ1Y ~ (C.UL). UPON . :;) .lCC[PTANCE OF M IW~ _... 8'1' ,.... APPlICA8LE l.ANO ""'YUNr.tNT ~ COO ~ ~ "t) i~ ...u ~rD the .... 11M th-' f~ Road RStht-of-WCI)' putpOMe; Contolftlno 41.71 totoI _ 01 Iond. IllCn or lea; s"bjMtto _'- and reetrictioll. of _d. DEDICATION Sl'ATE Of' Fl.ORIOA COUH1Y OF ca..uER KNOW .au "01 fI'( THESE PRESDfTS THlT COlIWERCIAl lltvEt.oPMENT CClRf'ORAlION. A ~ COIlfI'ORATIONANO lrrRON w. .TMRIC€. THf: OWNERS O1lHE lNlOS 0QiClaKl) NORTH CCUJER IHOlJS'/RW. CI:Hn:R OWNERS ASSOClATlON, INC.. A Fl.ORlOA CORPORATION, HfMON HAVE CNJSa) ntS PLAT ENTm.fJ) NORTH COWDt INDUSmlAI. C!NTER. TO BE WADE AHO DO HER€BY DEDICATE I<S FtlU.OWS: . coP""1 of pL-ftT .,. GENERAL TO Fl.OAlOA POWER AHD UOHT COWPAHr ANO AHr iEL.EPHoN€ CONPAHr, lliEIR SUCClSIrMS. ASSlGHS AHO SU8SIDWtlD - A NON - EXCWSM: IJlUTY t:ASOCHT (V.E.) AS 1HOlCAT'ED ON THE PI.AT FOR THE PURPOSE OF CONSTRUCTION. lNSl'ALlATlON. ~ AHO 0PE:RA11ON Of EUC'TRlCAL ANO TELEPHONE f'~[$ AND SERVICE EXCUlClNC CAllE TEUWilON F.IQ.JT1ES AKJ SOMCEo PROVIDED AU. SUCH USES ARE SU8JECT' TO AHO NOT IHCONSIS'fIM wrrM USE fI'f COWER COUNTY AND COWER COUNTY WATER-SEWER OISTRlCT. STATE Of Fl..OM>>. . CCUH'IY at CXlWlIt .;.=~ or-EXICUTNI DM1.lX CCMlEJlWi&. ~ Ht:.~ AS~ TO CA8lf.';'I$I()N Pft(Ml)ER$, 1lfEIR SUCCESSORS, ASSIGNS AND SU8SlDlARlES - A NON EXCLUSI\IE I1TMY tASDlENT (U.E.) I<S INClCATEO ON THE Pl.AT FOR 1lIE PURPOSt: Of' CONSTJlUCTION. INSTAUATIOH. hWN1!NANC[ AHO OPERATION OF CA8LE 1t1.E'MION f'AClLJrll:S AND SONICES. NO COHSTRUC'TlClH. INSTALLATION UAlHT'EN,t,NC[ ANC OPERATION Of' CAIIL! TEl.L'I1SIOH FIoCIU7lES NlD SERVICE. SHAIJ. wrERf'ERE WITH THE EI.ECTAlC OR TEl.EPHONl f'..-cuT1E$ Nil) SEIMCL IN THE f.'v'OIT SAlO CAIILt COWPANY DAWoGES THE: f'AClU11t:S at ANOTHER PU8UC unuT't. IT SHAlL BE SOlElY RESPONSla.E FOR SAlO DAWACES. . AU. WE11.ANC IlUfF'[JIt tAS&IENTS (W.8.E.) AHO WET1.>>IO loWl4000/ENT EASEWfHT'S (W....Eo): TO COWER COUNJY AND THE NORTH CDU.lER INDUSTRIAL a:HTER OWNEIlS ASSOCIATION. INC.. A ~ COflPORA11ON. SIiIO . tASEWEMS WIll BE PRlVAlUY l.IAINTAIED 8'1' THE NOfm1 COLLI(R lNOUSTWlAI. CENTER OWNERS ASSOPATION, IMe.. A FLClRIOA CCIRJlORATION WITH COWEll COUNTY HNoIIHG NO RESPOHSII!IU'IY FOR ~ II) TRACT or: I<S A PAESEJM; io M NORTH COWER I/lICIJSTlUL CENTEJl OWNERS ~11CN, IMe., A I'lOIIlOA CORPOItATlON. A CONSOlVATIOH t:ASOlENT IS HOtDIY OEDICATEO C'iDl SAIO TRACT 0 r:; Jo5 COWIotON AI/VS, THEY SHAIJ. BE THE .PERPl'NAL AQPON~ Of nc ASSOCIAllON AHD WAY IN NO WAY BE ~TEMD FROW btDt NAT\JIW. AND PaUrTIO STATE. ACTMT1ES PROtIIIltD wmtH 1'H[ CONSERVATION AREAS IHCWOI'. BUr NC NOT IJUlTEl) TO, CONSTRUC11ON at PlAClNO Of 8UILDINOS ON OR /IlIiI:N(. THE CAClUNO: DUI.IfIlNO 011 PUCINO SOft. DR O'IHER SUBSl'AHCU SUCH AS TRASW: A!Wo'AL 0It DESTRUCnON at 1llIU, --. OR OTHER \UETATION-wmt THE. EXCEFTlOH OF EXO'l1C/NUIIWoICE IlEGrTATION AOOiN.: EXCAVATION, OREDQNG OR.1lDlClVN.. Of SOIl NATEAW.; DlI<IfoIO OR f'ENClHG. NIt emu ACTMTIES 0ElRIU&IT~ TO 0ftAINA0E: f'\.OQO COHmOl. WAD COHSERVAllON, DIOSION c::otma. OR fISH AHD WlI.DLlf'E HAII1'AT COHSEJlVATlON DR PAESERIIATlON. ElCCEPT AS snPUl.ATID IN SOlmf nDRIDA WA7EIt ~ CISTAlC'I' PERAMT NO. 11.0.144. P AHO u.s. AAlIt c:o.s Of EHGlNEERS PERMIT NO. 1"20\" COWER 00UH1Y stW4 HJK AH INGM:SS/. EGRESS EA5OlOfr CM:Jt T1W:T or;' FOR ._, . IHSP€CT1ON AND ENf'OIlICOIO/T PURPOSES Nil) NO AESPONsranY FOR ~ . . to) TRACT oS' TO THt NORTH COWER 1NCUS1RAL CENTER OWNERS ASSOCIATION. INC.. AHO nc ~ THEREOf". ew 0::1 ~% lEj 7) . II) \ 1) TO n.ofllM POWER AHD UGHT OtNPNIt, .au ANCHOR.!ASOtENTS Jo5. llLlJSmAlED ON THIS PlAT. wmDSES: . ",,,,.. ~ . ",,,A...,,,, .WIII.I( !"E~z~ PROO'ED NMfE OWNERS: 00t0M:RClAL ~ etJIIiI'Mf. A flQRICA QOCIW. ~ r:::~. PHILUP ~. PRE:SIDENT g~.. -r-"-' ~ 11(..,,/&&, J_ .:__. at._ 1M..." ...~ , ~.~ ~.t" /fl. ,..'':h All NOwrt PUII.JC (SIGNI . 1". If.)> . AI NOTNt'( ~ (PMr INDIVIDUA STATE Of f'1..OMi.t. CCUNrf 01 CCILl..lER .do:: :.a= Ht:IS~ AS~ ..~ .~t~ 'W-.. TITLE CE: . . . : STAll . at ft.OIIllM . . C!ClUNI"t at CClWEIt _ . ,:Jt.. . ':'. .. . . ."i:;".'::'i.~'c...., PaPlD . ';.;~.. .. '1" HIMJIY CIRIIfY ,,*1 J ,."> .-; t'fIOrOm:MO ,. '.,'.:;Yj<'.~~ :'!. ".;:..1)..1*T Clltl*t ..':.'.... ,._wl~':~..~.:_..~~~ /",.i,',.CCRiKR:-, .1"" .... ; '.' '.J.:i .~:.. ~;'~'~'. '" YOOf' . ;,.;. .:.> :~E.nMT.C:I:IfrAif t . _ ;:~~'::'.,'~"~ PMnDSHI . .. :~.!:+.l .1. 1"7. : . ..'" '<{~'~l~t~ "71, AS WOClI , " . /.Aaelli"lt_ .>. i.', ~'t:lt"",.J).>>"f.' .~. iT~ to' . . . i. ,.~J;';1l~.t~' ~",. . J . ., ,. ..'~~H.'l. "( .. .. " . -'~'" ... . ... .!.. ''101O:;~::'''''''.'X..''... . . '.,;', ~'.~...;:..,;' "i ;...l~ . ~..,' . , ",' ~'I'i>.;'~a...: . . . ~ .' ... .....~:j.,~. ~ r' & ~ [I;l l;.) ~~ <~O ..Jc:lJlI"I l2..;;>> . ~=~ O~~ ).4" . ~[I;l~ U:sQ.. .;l 8 = s= o Z :s ~ :'C~ ~<J . @ .... ~ ~ .... ~ .. a li) b ~ - ~ ..... ~ c" .. ~ ... Cli: " ~ Ii5l Eo- Z Ii5l . U iIf.. . :c. ~ }... E--C2 (,.) <Eo-- - ~ ...:l(J}lI'l .-: ~ ~ . t.l.o Q~ft CIl oz- ~ _M >-" . ~ ~ ~~cq ~ o_~ u~ ~ ~ S'z. 0 U ~ !4.i = <>--. . ~ ~ S ~ 0 CIIl ~ co (:; Vi ~. S. F) 0'>_ I L c;:;.;j CO-.;f'O ,......O-.;f'. ...-0_ .N 0 o -<0 Z"""'N N E >,<1) <1)-0) _::Jeo --'a.. eo "0 c <1) 0) -< ~ II-ONo] Blair A. Foley, ~E. Civil Engineer 1 Development Consultant January 27,2004 Mr. John Houldsworth Collier County Development Services 2800 North Horseshoe Dr. Naples, FL 34104 Re: Lots 25-31 Collier Center Way Blanket DE Vacation Chapin Business Park Dear Mr. Houldsworth: The subject lots are encumbered by a temporary DE for drainage. The Developer is proposing a permanent DE for site and road drainage as shown on the attached exhibits, and is requesting a vacation of the temporary DE. The process requires a letter of no objection from your department. The SDP is currently under review and we wish to vacate the existing easement and utilize the proposed easement as shown on the attached exhibits. Please contact me if you have any questions. Sincerely, ~ Blair A. Foley, PE President I have no objection to the proposed vacation , ?.. t>t;.'\t:)~ La1So ~ 1- ..l!> ALTE.R.tJ~\lC.. l::..A~~S,).:) '\ 'ft:> ~ E.. ~'b \(.J">' e:.~ ~iT ~~ Lo r.> z 'K - 2.<1 llA_l (Name and Title) ~\o\N. Blair A. Foley, P.E., LLC. 120 Edgemere Way South · Naples, Flor a 1 27 2004 239.263.1222 · Fax 239.263.0472 · Cellular 239.289.4900 · email: folsOOO~~7 of 40 ~ COLLIER COUNTY GOVERNMENT 1 L.." "-lD ] TRANSPORTATION SERVICES DIVISION TRANSPORTATION OPERATIONS DEPARTMENT January 27,2004 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659-5787 t ranspo rtation@colliergov.net Blair Foley, P.E. 120 Edgemere Way South Naples, FL 34105 Re: Request for Vacation and Replacement of Drainage Easement Lots 27 and 28 Chapin Business Park Collier Center Way, North Naples Industrial Park Dear Mr. Foley: The Transportation Services Division has reviewed the subject request and we take no exception nor do we offer any objection to the vacation and replacement of the subject easement, subject to the following caveat: The site plan proffered with the request indicates the placement of a dumpster pad at the south end of the replacement easement. Relocate this dumpster so as not to encroach on the easement. Please advise if you need anything further on this issue at this time. Very truly yours, Edward J , P .E. Transportation Operations Director cc: Norman E. Feder, AICP, Transportation Administrator Gregg Strakaluse, P .E., TECM Director Don Scott, AIGP, Transportation Planning Director Diane Flagg, Traffic Operations and A TM Director Michael a. Etelamaki, P.E., Road Maintenance Director File: Vacations (Utility Easements) Agenda Item No. 178 July 27,2004 Page 28 of 40 11/2~/2ee3 B9:a3 5973522 NORTH NAPLES FIRE PAGE ell North Naples Fire Control & Rescue District 'IRE PREVENTION BU..6&AV" 1885 V.t.ran. Park Od~1Sl8s, Florida 34109 J L..OJ-JO] (~~.9221-. Fu (230) 591-3522 --<,' November 20, 2003 Mr. Blair A. Foley, P,E., LLC 120 Edgemere Way South Naples, FL 34105 Re: Chapin Business Park - Lots 25 through 31 Fax: (239) 263-0412 Dear Blair, This letter is to confinn that the North Naples Fire Control and Rescue District has reviewed the above project and will accept it with the changes that have been made. The changes were to add a new fire hydrant at the center drive with the two (2) FOe's & PIV's. This will give us the coverage that we need for both of the buildings and the change to the entrance inside radius to 2S 0 we will accept it and the internal cU'culation radius and outside entrance radius. With both buildings being fire spimkJercd I feel that the ISO' feet of area in the rear of building #2 that falls under the 20,000 square foot rule, that we have adequate coverage with a hydrant at all three (3) entrances. Also, the rear of the building with it's close proximity to the rear drive we will perform our firefighting from the front of the building. Should you have any questions, or if I may be of further assistance, please do not hesitate to contact me @ (239) 597-9227. .#'~() .~, KarlK. ReynOI~l"'" Nonh Naples Fire Prevention Bureau Cc: William Chapin - 598-5005 (fax) K.K.RIdw Agenda Item No. 178 July 27,2004 Page 29 of 40 Jun OS 2004 10:04AM baF,pe,lle 239-263-0472 p. 1 Jun 09 04 09:40_ Ju~ 08 2004 8r38A" D."~.allC 23B-283-0.72 p.l p.l ~ Blair A. Fole~ ~E. CiYiJ Ja,ineet I Dnelopcnenc CGlw1UI 11..ONO] .rune 8. 2004 .c.c..c..lec;;1: Mr. :P,.id AaoGiatiaa . Nodb ladaatrial c... PrapA1y AAact&daa 10353 TUDiurd ~1 N'at1h N1p1el.lI1orId.a 341 01 lb; Cbapiu .\1.... p_-~ af'Na OhjlOtioD. 81~ 1)5 Vac... Lou 25-31 CoUicr C_.Way oar Mr, Pretl4ea1: T1Ic nb.i_laU an CCUIILbeNd "1 a ~ DB fOr...... na. dlV..... ia propoGa . p~ DE fbr aite ad. rold dram... ulboWD an d:Ia a1UaMd taNbItI. 1Il4. ~ . VlCatioD ottbo DB.. nM PflOt- fIIll'WtII1etter or_ obiRtiaa ~QII\ )W. . 'I.... IJrIlCU8 11I4 fa baoJc to m. at tb.e below 1UIber. ~~ t ) _ B1a.irA. .... Bit., LtC. 120 JW......,. WIly Sou.. Nep1... AoA.Ja 5'105 259.265.1222 · fa 235U,fiI,.cMr72 · Ccl1w..r 2Y.2IPA9Q(J · clNlL: rokooo-.ol.COIft ~, Agenda Item No. 178 July 27,2004 Page 30 of 40 Page 1 of 1 ile://C:\DOCUME-I \grigg_r\LOCALS-l \Temp\ V4PTOAJ5.htm Agenda Item No. 178 July 27, 2004 Page 31 of 40 6/21/2004 Prepared by: Scott W. Duval, Esq. Cummings & Lockwood LLC 3001 Tamiami Trail North Naples, Florida 34103 / DRAINAGE EASEMENT THIS EASEMENT, granted this /0 tf:. day of J vt'\..L.... , 2004, by BUSINESS LANE DEVELOPMENT, INC., a Florida corporation (as to Parcel 1) and PHASE ONE, LLC, a Florida limited liability company (as to Parcel 2), collectively, as Grantors, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantors for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement for drainage, together with a license and privilege to enter upon and to install and maintain any necessary drainage facilities, in, on, over and under the following described lands being located in Collier County, Florida, to wit: See Exhibit "A" attached hereto and incorporated by reference herein TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate and/or take materials for the purpose of constructing, operating, relocating and/or maintaining the subject drainage facilities thereon. Grantors and Grantee are used for singular or plural, as the context requires. RECEIVED JUN f '1 2~ Agenda Item No. 17B July 27, 2004 Page 32 of 40 IN WITNESS WHEREOF, the Grantors have caused these presents to be executed the date and year first above written. Signed in the presence of: Business Lane Development, Inc., a Florida corporation ~_->J Witness #1 (as to both) Scott W. Duval Printed Name of Witness .L:? By: ~~. William E. Chapin, III Its: President ~~ Witness as to both) 1i7i'it,i L &vns..l1,h Printed ame of Witness Phase One, LLC, a Florida limited liability company By: /~~ - William E. Chapin, III Its: Authorized Agent STATE OF FLORIDA COUNTY OF COLLIER ) ss ) Ii The foregoing instrument was acknowledged before me this /0 - day of .--J v I'\..L , 2004 by William E. Chapin, III, as President of Business Lane Development, Inc., a Florida corporation and as Authorized Agent of Phase One, LLC, a Florida limited liability company, who i~rsonaJlYknown toiiia or who has produced as identification. ~--f2..~ My commission expires: Notary Public SCOTTW.llUVAl. MY COMMISSIOO 'CC 948277 EXPIREs: Octiler 23. 2004 llondod T1vu IloIIty NIIlr: UndIIw...... Printed Name of Notary Public (SEAL Agenda Item No. 17B July 27,2004 Page 33 of 40 EXHIBIT "An Parcel 1 That portion of the below described Easement Area lying on Lot 28, or the East twenty-one (21) feet of Lot 29, North Collier Industrial Center, according to the plat thereof recorded in Plat Book 31, Pages 50 through 51, of the Public Records of Collier County, Florida. Parcel 2 That portion of the below described Easement Area lying on the West seventy- nine (79) feet of Lot 29, North Collier Industrial Center, according to the plat thereof recorded in Plat Book 31, Pages 50 through 51, of the Public Records of Collier County, Florida. Easement Area A drainage easement fifteen (15) feet wide, being a part of Lots 28 and 29, North Collier Industrial Center, according to the plat thereof as recorded in Plat Book 31, Pages 50 through 51, inclusive, of the Public Records of Collier County, Florida, and lying 7.5 feet on each side of the following described centerline: Commencing at the Northwest corner of Lot 31, said North Collier Industrial Center, thence run South 890 53' 28n East with a long the North lines of Lots 31, 30 and 29, said North Collier Industrial Center, a distance of 266.00 feet to the Point of Beginning of the first portion of the herein described centerline. From said point of beginning run South 320 37' 35"East a distance of 49.93 feet to point "A"; thence run South 00 6' 32" West a distance of 192.90 feet to a point on the South line of said North Collier Industrial Center and the end of the first portion of the herein described centerline. Beginning again at the above-described point "A", run North 610 09' 46" East for 86.78 feet to a point on the North line of said Lot 28 in the end of the second portion of the centerline of the herein described drainage easement, the sides of said 15 foot wide easement will be lengthened and shortened so as to terminate on the North and South lines of said North Collier Industrial Center. .NplLib1:530B52.1 06/15/04 Agenda Item No. 17B July 27,2004 Page 34 of 40 Prepared by: Scott W. Duval, Esq. Cumm ings & Lockwood LLC 3001 Tamiami Trail North Naples, Florida 34103 SUBORDINATION. CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER given this _ day of June, 2004, by Community Bank of Naples, N.A. (hereinafter referred to as "Secured Party"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"). Secured Party is used as singular or plural, as the context requires. WIT N E SSE T H: WHEREAS, Secured Party is the owner and holder of that certain Mortgage recorded in Official Records Book 3262, commencing at Page 883, and re- recorded in OffIcial Records Book 3359, commencing at Page 3247, all of the Public Records of Collier County, Florida. (hereinafter referred to as "Securing Instrument(s)" encumbering the premises legally described therein, (hereinafter referred to as the "Encumbered Property"); and WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property a non-exclusive Drainage Easements for the installation, relocation and/or maintenance of drainage facilities over, under and/or across a portion of the encumbered premises legally described on Exhibit "A", which premises are hereinafter referred to as the "Easement Property"; and WHEREAS, County has requested that Secured Party consent to, join in and subordinate its Securihg Instrument(s} to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Secured Party does hereby consent to, join in and subordinate the lien of its security to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any utility facilities located therein, thereon, or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said security interest shall remain otherwise in full force and effect. Agenda Item No. 178 July 27, 2004 Page 35 of 40 IN WITNESS WHEREOF, the Secured Party has caused these presents to be executed the date and year first above written. Signed in the presence of: Community Bank of Naples, N.A. ~~a~~ itness #1 . L, AlO IT ?4-~ Co tV ~ f:;LUf Printed Name of Witness Q~~~/~:l0 ~:sg~'~l~ Printed Name of Witness STATE OF FLORIDA ) ss COUNTY OF COLLIER ) By: ~~) t~ p),. 'Jb;.;r-. Its: . The foreQQiQg instrument was acknowledged before me this JS7!!day of June, 2004 by ~6f3€I2T6tlIOJ0h:8 ,as ~/O~/V7 of Community Bank of Naples, N.A., who is ~ersonally known to me or who has produced - as identification. - My commission expires: \\\\\11 1111 Jf /11111. -s:.'\\\ N C olV ;l1/~ ~ ~~ ........ t\r..(l.~ ~ ~....O\AA~...~< ~ ~^.~ .('~ " .....,. ,~ r~' -4. '::: 2 ~:"~ COMM. ~\R~ ~ :: == ....J : lUl'l19. 2(lO~ : :: :: ~. No 0004341\ .: "f: ~ ~ -. . ,-. .. C) ;:: .:::, Ul' f::J \\oJ. -... ;.:: TCP/formsll ~p;~...y.~~.~o ~;- 0//1. ~ OF f ,!\\~~ 11111111/11 \1\\\\\\ (SEAL) ~aL~~It&r ot ry Public L /I..) Oti ;4,v1J Co AJj../ ~ Printed Name of Notary Public Agenda Item No. 17B July 27, 2004 Page 36 of 40 EXHffiIT "A" That portion of the below described Easement Area lying on Lot 28, or the East twenty- one (21) feet of Lot 29, North Collier Industrial Center, according to the plat thereof recorded in Plat Book 31, Pages 50 through 51, of the Public Records of Collier County, Florida. Easement Area A drainage easement fifteen (15) feet wide, being a part of Lots 28 and 29, North Collier Industrial Center, according to the plat thereof as recorded in Plat Book 31, Pages 50 through 51, inclusive, of the Public Records of Collier County, Florida, and lying 7.5 feet on each side of the following described centerline: Commencing at the Northwest corner of Lot 31, said North Collier Industrial Center, thence run South 890 53' 28" East with a long the North lines of Lots 31, 30 and 29, said North Collier Industrial Center, a distance of266.00 feet to the Point of Begjnning of the first portion of the herein described centerline. From said point of beginning run South 320 37' 35"East a distance of 49.93 feet to point "A"; thence run South 00 6' 32" West a distance of 192.90 feet to a point on the South line of said North Collier Industrial Center and the end of the first portion of the herein described centerline. Beginning again at the above-described point "A", run North 610 09' 46" East for 86.78 feet to a point on the North line of said Lot 28 in the end of the second portion of the centerline of the herein described drainage easement, the sides of said 15 foot wide easement will be lengthened and shortened so as to terminate on the North and South lines of said North Collier Industrial Center. .NplLibl:537380.1 6/15/04 Agenda Item No. 17B July 27,2004 Page 37 of 40 Prepared by: Scott W. Duval, Esq. Cummings & Lockwood LLC 3001 Tamiami Trail North Naples, Florida 34103 SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER given this _ day of June, 2004, by Community Bank of Naples, N.A. (hereinafter referred to as "Secured Pa rty") , in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"). Secured Party is used as singular or plural, as the context requires. WIT N E SSE T H: WHEREAS, Secured Party is the owner and holder of that certain Mortgage recorded in Official Records Book 3262, commencing at Page 895, and re- recorded in Official Records Book 3359, commencing at Page 3257, all of the Public Records of Collier County, Florida. (hereinafter referred to as "Securing Instrument(s)" encumbering the premises legally described therein, (hereinafter referred to as the "Encumbered Property"); and WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property a non-exclusive Drainage Easements for the installation, relocation and/or maintenance of drainage facilities over, under and/or across a portion of the encumbered premises legally described on Exhibit MAlt, which premises are hereinafter referred to as the "Easement Property"; and WHEREAS, County has requested that Secured Party consent to, join in and subordinate its Securing Instrument(s) to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Secured Party does hereby consent to, join in and subordinate the lien of its security to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any utility facilities located therein, thereon, or affixed thereto_ Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said security interest shall remain otherwise in full force and effect. Agenda Item No. 17B July 27,2004 Page 38 of 40 IN WITNESS WHEREOF, the Secured Party has caused these presents to be executed the date and year first above written. Signed in the presence of: Community Bank of Naples, N.A. ~#AJ1,~ W ness #1 L'AJ()~ * CoIV,veLLy. Printed Name of Witness " ()..(j rinted Name of Witness STATE OF FLORIDA ) 55 COUNTY OF COLLIER ) By: ~ fi1e!>~ 'pr~ Its: The fo~9 instn"~t was acknowledged Ile.fore me this I tiJ!!day of June, 2004 by aefl.r U I ~[)/rS ,as .J4<.&s I Of AJT of Community Bank of Naples, N.A., who is personally known to me or who has produced as identiflcation.- My commission expires: \\\\\\I",,,,",,,/. ~\\\ ~N Co :t/~ .,N; ~ ....... IlfA. ~ :-..~ ,. .' i A '. 'Y ~ S Q .,~o 11 ;:"'~ ~ ~ ~ ... .. t' ~ (SEAL) ~ .JiMYCOMM. EXPIRES \-<. ~ :: : JULY 19, 2005 : :: -. 004311'- ~<P". No.D 4 .:~~ ;::;. ~. ~ r.' Q :;:: ~ :1.... Us\.\":.'" ~ TCP/forms/lOl~ )-~......... O<?- ~ ~/I. 0 F f \.. ':\\\'\ 1'11111111 111\1\\\\\\ ~'~~~'7f N tary Public ' L"..;OA A AI AI Co t1.J A.J f: L'-"1 Printed Name of Notary Public Agenda Item No. 17B July 27, 2004 Page 39 of 40 EXHIBIT "A" That portion of the below described Easement Area lying on the West seventy-nine (79) feet of Lot 29, North Collier Industrial Center, according to the plat thereof recorded in Plat Book 31, Pages 50 through 51, of the Public Records of Collier County, Florida. Easement Area A drainage easement fifteen (15) feet wide, being a part of Lots 28 and 29, North Collier Industrial Center, according to the plat thereof as recorded in Plat Book 31, Pages 50 through 51, inclusive, of the Public Records of Collier County, Florida, and lying 7.5 feet on each side of the following described centerline: Commencing at the Northwest corner of Lot 31, said North Collier Industrial Center, thence run South 890 53' 28" East with a long the North lines of Lots 31, 30 and 29, said North Collier Industrial Center, a distance of 266.00 feet to the Point of Beginning of the first portion of the herein described centerline. From said point of beginning run South 320 37' 35"East a distance of 49.93 feet to point "A"; thence run South 006' 32" West a distance of 192.90 feet to a point on the South line of said North Collier Industrial Center and the end of the first portion of the herein described centerline. Beginning again at the above-described point "A", run North 610 09' 46" East for 86.78 feet to a point on the North line of said Lot 28 in the end of the second portion of the centerline of the herein described drainage easement, the sides of said 15 foot wide easement will be lengthened and shortened so as to terminate on tpe North and South lines of said North Collier Industrial Center. . .NplLib1:5373B1.1 6/15/04 Agenda Item No. 17B July 27,2004 Page 40 of 40 EXECUTIVE SUMMARY Recommendation to consider Adoption of an Ordinance Of Collier County Florida, Amending Collier County Ordinance No. 97-8, As Amended, The False Alarm Ordinance; Authorizing Violators To Appeal Citations To The Code Enforcement Special Master; Authorizing The Sheriff's Office To Refer Unpaid Citations To The Special Master; Providing That The Special Master Can Assess A Civil Fine Up To $500 And Can File Liens Against Violator's Property; Increasing Civil Fines For Five Or More False Alarm Violations; Providing That Class Certificates For Credit Against A Future Violation Expire After 365 Days Of Issuance Date .Q!!JECTIVE: That the Board adopt an Emergency Ordinance to amend Collier County No. 97-8, as amended, the Collier County False Alarm Ordinance. CONSIDERA TIONS: The False Alarm Ordinance is administered by the Sheriff's Office. The Sheriff's Office is recommending that the False Alarm Ordinance be amended whereby: (i) violators who have received a certificate for attendance at a false alarm class can use that certificate as credit against a future violation within 365 days of issuance of the certificate; (ii) the civil fines for five or more False Alarm violations be increased as specified herein; and (iii) that the cited violator may appeal the False Alarm citation to the County's Code Enforcement Special Master rather than to a court; (iv) that the Sheriffs Office may refer unpaid false alarm fine violations to the Special Master rather than to a Court; and (v) that the Special Master may impose a civil fine not to exceed $500 and may file a fine and costs lien against the violator's property as authorized by Chapter 162, Florida Statutes, and by the County's Special Master Ordinance. County Staff has no objections to these proposed amendments and, therefore, concurs with the Sheriff Office's recommended amendments. FISCAL IMPACT: These amendments will result in the Code Enforcement Department receiving a $5.00 fee out of each fine paid by each violator. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ~e.no~-km \1 Co. pg\oz.. RECOMMENDA TION: That the Board of County Commissioners approve the amendments to Ordinance No. 97-8, as amended, and direct the Chairman to execute same. Qg~;JJem t1C. P<3 2.o~ L COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 17C Item Summary Meeting Date This item has been continued from the June 29, 2004 BCC/Special Meeting. An Ordinance Of Collier County Florida, Amending Collier County Ordinance No. 97-8, As Amended, The False Alarm Ordinance; Authorizing Violators To Appeal Citations To The Code Enforcement Special Master; Authorizing The Sheriffs Office To Refer Unpaid Citations To The Special Master; Providing That The Special Master Can Assess A Civil Fine Up To $500 And Can File Liens Against Violator's Property; Increasing Civil Fines For Five Or More False Alarm Violations; Providing That Class Certificates For Credit Against A Future Violation Expire After 365 Days Of Issuance Date 7/27f2004 9:00:00 AM Prepared By Kay Nell, CLA Legal Assistant 6/29/2004 10:09:48 AM County Attorney County Attorney Office Approved By Thomas Palmer Assistant County Attorney Date County Attorney County Attorney Office 7/15/200411:07 AM Approved By Nancy Bradley County Attorney Legal Secretary County Attorney Office Date 7/16/20049:14 AM Approved By David C. Weigel County Attorney County Attorney Date County Attorney Office 7/19/200411:38 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7/19/200412:04 PM Approved By Michael Smykowskl County Manager's Office Management & Budget Director Office of Management & Budget Date 7/191200412:08 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/19/200412:46 PM Agenda Item No. 17e 10 ,lv?7 ?OOd ORDINANCE NO. 2004- AN ORDINANCE OF COLLIER COUNTY FLORIDA, AMENDING COllIER COUNTY ORDINANCE NO. 97-8, AS AMENDED, THE FALSE ALARM ORDINANCE; AUTHORIZING VIOLATORS TO APPEAL CITATIONS TO THE CODE ENFORCEMENT SPECIAL MASTER; AUTHORIZING THE SHERIFF'S OFFICE TO REFER UNPAID CITATIONS TO THE SPECIAL MASTER; PROVIDING THAT THE SPECIAL MASTER CAN ASSESS A CIVIL FINE UP TO $500 AND CAN FILE LIENS AGAINST VIOLATOR'S PROPERTY; INCREASING CIVIL FINES FOR FIVE OR MORE FALSE ALARM VIOLATIONS; PROVIDING THAT CLASS CERTIFICATES FOR CREDIT AGAINST A FUTURE VIOLATION EXPIRE AFTER 365 DAYS OF ISSUANCE DATE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as of April 1, 1997, the Collier County False Alarm Ordinance (No. 97-8) became effective; and WHEREAS, the original False Alarm Ordinance was amended in October of 2001 by Ordinance No. 2001-56; and WHEREAS, the False Alarm Ordinance is administered by the Sheriff's Office; and WHEREAS, The Sheriff's Offices desires that (1) the civil fines for five or more False Alarm violations be increased as specified herein, and (ii) that the cited violator may appeal the false alarm citation to the County's Code Enforcement Special Master; and (iii) that the Sheriff's Office may refer unpaid false alarm fine violations to the Special Master, and (iv) the Special Master may impose a civil fine not to exceed $500 and may file a fine and costs lien against the violator's property as authorized by Chapter 162, Florida Statutes, and by the County's Special Master Ordinance; and WHEREAS, the Board of County Commissioners accepts all amendments recommended by the Sheriff's Office. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA, that subsection (c) of Section FOUR, subsection (b) of SECTION SIX, subsection (a) of SECTION SEVEN; and subsections (a), (b), (c) and (d) of SECTION EIGHT of the Collier County "False Alarm Ordinance" are hereby amended as follows: 1 Text underlined is added; text otruc1c through is deleted. Ag en tV\- :l \--em \ l(. P9 l o~-, SECTION ONE: Collier County Ordinance No. 97-8, the "Collier County False Alann Ordinance" as amended by Ordinance No. 2001-56 (codified as Article 5 of the County's Code of Laws and Ordinances) is hereby amended as follows: SECTION FOUR: WARNING OR CITATION OF FALSE ALARM VIOLATIONS. (a) First and Second False Alarm. A written warning shall be issued for the first and second false alarm at the respective secured premises. The warning may be left at the secured premises or otherwise delivered to a responsible party. The warning may be left at a conspicuous place within a vacant secured premises, or may be left with any adult occupant, employee, or agent of an occupant of an occupied secured premise. Alternatively, the warning may be mailed to any responsible party by regular United States mail, but if returned undelivered, then mailed by certified mail, return receipt requested, or by actual service by any other lawful service of process. (b) Third and Subsequent False Alarms, An enforcement official may issue a citation of a false alarm violation of this Ordinance for the third or any other subsequent false alarm that occurs at that secured premises within 180 days of the last false alarm at that premises. The citation may be served upon any responsible party by any lawful service of process. (c) For the sixth or mere faise ll:tit.ffilS at the sewfed premises, a "Notiee to }"ppell::f" (in COtirt) Clla be issued, \To"hieh "Notice" sha1l refll:Me pfflmpt paymeat of a $100 or a maadatory eourt appearance. If the $100 flfte is paid by its due date, the ma:ndllJ'Ory court lIppcal11fice .viR tflerdCl) be cll:ficelled. PlI:i:l:til'e ffi pay the $100 fiae by its due clate .,"1l! re~ the speeiaed mafidatory COttft IlppeafilflCC !:Ifiless othCl'\ili>ise WftaflUCa ar excused. The Judge Of other teet of faet can iffipose II MC ffflm $100 to $300 pltls other applicable costs. SECTION SIX: FALSE ALARM PREVENTION PROGRAM. (a) The Sheriffs Office will provide educational program classes for the prevention of false alarms and shall allow individuals to attend any false alarm prevention program class. Each person who attends a false alarm prevention program class must pay a fee of $5.00 to cover some of the administrative costs. This fee must be paid before or at the time of attendance at the program class. 2 Text underlined is added; text struck through is deleted. OgQn tAJ:1-kfn \1 ~ P9 Z-091 (b) After attendance at a program class by a person associated with the respective secured premises, the Sheriff's Office shall issue one (1) "Certificate of Attendance" to the credit of that respective secured premise. The certificate may be used by a representative of the secured premises to void one (1) prior or one (1) future false alarm, including the penalties that would otherwise result from that false alarm. No certificate shall apply to a ~ seventh or higher false alarm. The Certificate for credit agpinst a future violation shall expire three hundred and sixty-five (365) days after its issuance date. SECTION SEVEN: FALSE ALARM: FINES; EXCEPTIONS. (a) False Alarm Fines. A written warning (for the first and second false alarms) does not require payment of a fine. After a citation for a third or subsequent false alarm violation is issued, a responsible party shall, within thirty (30) days of the date of the violator's receipt of that citation il:l:Mm, pay to the Clerk of thc Courro Collier County Code Enforcement a false alarm civil fine as follows: FALSE ALARM FINE SCHEDULE NttffiBer ofPa:be AIllJ:ffis Withifl. alSO Day Period False Alarm Fine Per False Alarm: First Response........... ..... Warning issued, no false alarm fine. Second Response............. Warning issued, no false alarm fine. Third Response........ ........ Citation issued; $75.00 fine. Fourth Response........ ..... Citation issued; $75.00 fine. Fifth or Sixth Response....... Citation issued; $100 m,oo fine. Seventh or Eight Response. Citation issued $150 fine. Ninth or more Response ... Citation issued, $200 fine. Sillth Respoflse... Noace to .'\ppeu issued 8:fid a $100.00 fiae if the fifte is pltid 6ft tfffie. Timely payment of the $100.00 fine cllncels that mandatory court llppea1'8.ftt:e. Mandatory court appearll.1u::e ellR res1:1:lt in a fine of flOt less thaft $100 flOr ffiOfe th8:fi $300.00 at the discretion of the trier Bf fllCt. (b). Exceptions: (1) 180 Days Without a False Alarm. If one hundred eighty (180) days pass without a false alarm from the respective alarm system, a "clean slate" status shall be automatically granted to that system if each Report has been flied and all false alarm fines arising out of every 3 Text underlined is added; text struelc through is deleted. ~ ~Q...-:t+e0"l ~~ 3 o~ 7 \"'\.L prior false alarm for that system have been paid. The first false alarm after "clean slate" status shall require only a written warning and shall commence a new 180 day time period form subsequent false alarms from that alarm system. (2) New Alarm System Installed. Installation of an entirely new security alarm system at the secured premises, upon written notice of same to the Sheriffs Office and all prior false alarm fines and late fees are paid, shall be classified as a new system and shall be treated as an alarm system that had no prior false alarm(s) - "clean slate" status. (3) Good Faith Mistake of Crime Being Committed. No person shall violate this Ordinance by intentionally setting off a security alarm signal to prompt an official response if that was alarm set off based upon a reasonable mistake of fact that a crime was then being committed at the secured premises. The responding enforcement official will detennine whether there was a reasonable mistake of fact to justify that intentional activation of that alarm signal. If excused, that alarm shall not be counted as a false alarm, SECTION EIGHT. ENFORCEMENT AND PENALTY PROVISIONS. (a) Incorporation of Section 1-6 of the County Code of Laws and Ordinances. In addition to all enforcement provisions specified in this Ordinance, and as provided for in Section 125.69, Flon.tJa Statues, any person who shall violate any provision of this Ordinance shall, at the election of the County, be subject to the enforcement provisions of Section 1-6 of the Collier County Code of Laws and Ordinances, excluding possible imprisonment, except for contempt of court. Violations of this Ordinance may be referred by the Sheriff to the Code Enforcement Board, or to the County's Code Enforcement Special ~, for enforcement pursuant to the County's Code Enforcement Special Master Ordinance and Chapter 162, Florida Statutes, including filing liens against the secured premises. (b) Joint and Severable Responsibility to Pay Fees and Fines. All fees and/or fines charged under this Ordinance shall be an obligation owned jointly and severally by each responsible party. Fees and fines shall be paid to the Clerl[ of Courts Collier County Code Enforcement within thegtime periods specified in this Ordinance except as may be ordered otherwise by 8. tfiaJ jedge the Special Master. Prompt payment of each 4 Text underlined is added; text Eltruolc threugh is deleted. Oaen 1:>4 :r+em P9 Li o~ 1 11c... false alarm fine shall clear and setde that false alarm violation, but shall not affect the duty to file any Registration Form. (c) Fines and Costs Imposed by Comt. Fines and costs imposed against a responsible party are to be distributed as follows: Five dollars ($5.00) to Collier County Code Enforcement Clerk of the Court~ as an administration fee, and the balance of the funds of each fine is to be deposited in the flne and forfeitures fund of the Sheriff's Office to offset the Sheriff's operating budget costs. (d) Failure to Prompdy Pay Fine and Costs. If a violator fails to pay the fine and costs resulting from the cited violation of this Ordinance without filing a written notice of appeal received by the Special Master within the thirty (30) day fine payment period. the cited violation can be referred by the Sheriff's Office to the Special Master. The Special Master can impose a civil fine agJrinst the violator not to exceed five hundred dollars ($500). plus applicable costs. and can file a lien for the respective fine and costs against the land at which the violation occurred and upon any other real or personal property owned by the violator as then authorized by Chapter 162. Florida Statutes. SECTION TWO: CONFLICT AND SEVERABILITY. In the event that this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word, SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. 5 Text underlined is added; text fltruelr through is deleted. Ogen~ ~{e0"l l1 (. ~5a~1 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: DONNA FIALA, CHAIRl\.1AN By: Approved as to form and Legal sufficiency: ~r~ Thomas C. Pahner Assistant County Attorney 6 Text underUned is added; text struck thF€lHgh is deleted. O<je.nM :r-tern 1 i ~ pj ,(,0 or 1 STATE OF FLORlDA ) COUNTY OF COLUER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the Foregoing is a true copy of: ORDINANCE NO. 2004-_ Which was adopted by the Board of County Commissioners on the _Day of 2004, during Regular Session. WITNESS my hand and the official seal of the Board of county Commissioners of Collier County, Florida, this _ day of ,2004. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners By: Maureen Kenyon Deputy Clerk 7 Text underlined is added; text Gtruek thnmgh is deleted. OgQ.h ~ :(:l-em pcj "1 o.r "7 lie.. EXECUTIVE SUMMARY Petition V A-2004-AR-5756, Cypress Glen Development represented by George Hermanson, of Hole Montes, Inc., requesting an after-tbe-fact variance of 1.25 feet from tbe minimum required IS-foot separation between structures as provided in the Cypress Glen Pl.JI>, to allow Buildings 6 and 7 to bave a 13.75-foot separation between two structures, for property located on the nortb side of Pine Ridge Road approximately 1400 feet west of Livingston Road furtber described as the Cypress Glen PUD in Section 12, Township 49 South, Range 25 East, ColUer County, Florida. OBJECTIVE: The petitioncr requcsts an after-the-fact variance for two condominium structures located on the north side of Pine Ridge Road approximately 1400 feet west of Livingston Road. CONSIDERA nONS: -- Thc applicant is seeking an after-the-fact variance to allow the separation between Building 6 and Building 7 of the Cypress Glen PUD to remain at 13,75 feet rather than the 15-foot separation required between buildings in the Cyprcss Glen PUD. The two buildings are currently under construction. A spot survcy discloscd Buildings 6 and 7 were 13.75 fcet apart rather than the] 5 feet required. This is the result of a surveying error. TIle applicant is thcrcfore requcsting a 1.25-foot building separation variance to allow the buildings to remain where they arc currently located. The encroachmcnt resulted from an error by the petitioner's engineer when the Computer Aidcd Design (CAD) draftsman angled one of the buildings to meet the required setback fTOm existing utilities on Pine Ridgc Road and did not take into consideration the effect the angling would have on the building setbacks. The spot survey caught this en("''1'oachment FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: <The subject property is designated as the Urban Mixed Use District on the Future Land Use Map of the Growth Managemcnt Plan (GMP). This district allows a variety of residential and nonresidential land uses including: parks, open space and recreational uses~ and, community facilities such as schools, cemeterics, group housing, libraries and community centers. ~ The GMP does not address individual variance requests; it focuses on the larger issuc of the actual use. As previously noted, the subject petition seeks a variance to allow the two residcntial structures to be located 1.25 fect closer together than code allows, residential uses are an Agenda Item No. 170 July 27,2004 Page I or 2 Page 1 of 24 authorized use in this land use designation, therefore. the actual use is consistent with the OMP. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the OMP, although the variances are not specifically addressed. ENVIRONMENTAL ISSUES: There arc no unusual environmental issues associated with this petition. ENVIRONl\lEl''TAL ADVISORY COUNCIL iliAC) RECOMMENDATION: The EAC did not review this petition because the EAC docs not normally hear variance petitions. COLLIER COUNTY PLANNING COl\'lMISSION (CCPC) RECOMMENDATION: This petition was heard at the June 17. 2004 Planning Commission meeting. After presentations by the petitioncr and County Staff. the CCPC asked questions and discussed the pctition. Commissioner Strain made a motion to recommend approval, minus the staff recommended sccond condition that should the buildings be destroyed for any reason, to an extent equal to or .\:,l'"fcater than 50 percent of the actual replaccment cost of the structure at thc time of its destruction, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. The CCPC voted to forward petition V A-2004-AR-5756 to the Board of Zoning Appeals with a recommendation of approval by a vote of 8 to O. STAFF RECOMMENDATION: Staff has analyzed thc guidelincs associated with thc valiance request and has detcrmined that although there are no land related hardships, there arc several ameliorating factors that warrant approval of this pctition and thcrc are no adverse impacts to public health, safety and welfare. Staffrccommends that the Board of Zoning Appeals recommend approval of Petition V A-20Q4. AR -5756, subject to the following condition: I. The variance is limited to a 1.25-foot building separation variance as depicted in the applicant's site plan except as further restricted below. This site plan is included as Exhibit A. 2. If the residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures must conform to thc provisions of the Land Development Code in effect at the time of reconstruction. Page 2 of 2 Agenda Item No. 17D July 27,2004 Page 2 of 24 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 170 The applicant is seekIng an after-tne-fact V3r1anCe to allow tile separation tetween Budding 6 and Bull,j,ng 7 'Of the Cypress Glen PUD to remam at 13 75 feet rather than tne 15-foot separatKH) requirE....j bctw'een buitd;ngs in the Cypress Glen PUD. The two bUildings are currently under constructon. A spot sur-ley d:sdc'$0d BUildings 6 and 7 were 13.75 feet apart rather than tt1C 15 feet roqtlired. This :5 the result of a draWing error The applicant IS therefore roquestinq a 125-foot bUilding sepaaton Vi,mance to allow the buildings to rorna:n .....mere they arc currentiy located. 7127/2004 90000 AM Prepared By Robin O. Meyer Community Development & Erw:rcnmental Servjces Princ~pal Planner 717/200411:14:14 AM Zoning & Land Development Review Approved By Joseph K. Schmitt Community Development & Environmental Serv~ce5 Communlty Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. ;112120045:50 PM P <it Lehnhard Dale Approved By County Mtlnager's Of'fice AdlYl:nis.lrative Assistant Office of Management &. BudHet 7'131200411:06 AM Approved By Mark Isackson County Manag."s Office Budget Analyst Date Office of Management & Budget 71141200412:02 PM Michael Smykowski Date Approved By County Manager's Office M;loagement & Budget Director Office 01 Managcn'lcnt & Budget 7115/200410:41 AM Approved By James V. Mudd Soard of C'1untV Commissioners County Manager Date County Manager's Office 7115/20043:47 PM Date Approved By Rob'n D. Meyer Community Oeve!opment & Erw:ronmental Serv;ces PrinC1pai Planner Zoning & Land DevelOpmenl Review 71712004 11: 13 AM Date Approved By Ray Bellows Community Development & Environmental Services Chief Planner Zoning & land Development Review 7171200411 :32 AM Approved By Date Susan Murray, AtCP Community Development & Environmental Services Zoning & Land Development Director Zoning & land Development ReV!8W 717/2004 2: 22 PM Date Approved By Sandra lea Community Development & Enyironmental Serv~ces Executive Secretary Community Development & Ef'l....lfOnfTl&ntal Services Admm. 7!812004 11 :54 AM Date Approved By Constance A. Johnson Community Oeve:opment &. En'l~ronli1(:ntai Serv!ci~s Opi~f.~tions Analyst Ccm!'l:unity Development & E:;',,~~orll1~crltal SC(\l'ic~s Ad~!n. r:g!2004 3 :49 PM Agenda Item No. 17D July 27, 2004 Page 3 of 24 eo1Nrr County -. ~~ -- STAFF REPORT COLLIER COUNTY PLANNING CO~ll\;IISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JUNE 17.2004 SUBJECT: PETITION V A-2(X)4-AR-5756 PROPERTY OWNER/AGENT: OWNER: Cypress Glen Development Corporation 2180 Immokalce Road. Suite 308 Naples, Florida 34110 AGENT: George Hermanson, Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 REQUESTED ACTION: The applicant is requesting an aftcr-the-fact variance of 1.25 feet from the minimum required 15- foot separation, between structures as provided in the Cypress Glen PUD, to allow Buildings 6 and 7 to have a 13.75-foot separation bctween two structures. GEOGRAPHIC LOCATION: Thc subject parcel is located on the north side of Pinc Ridge Road approximately 1400 fcct west of Livingston Road furthcr described as thc Cyprcss Glen PUD in Section 12, Township 49 South, Range 25 East, Collier County, Florida. (See location map on the following page) VA-2004-AR-5756 June 17, 2004 10f 9 Agenda Item No. 170 July 27,2004 Page 4 of 24 i I , I " ! I I i I I , 1 I cU)1 I : I ;; I .........",....~ 'w', .._,.;.__,,*"~~_'______~'.f_',,-__~.'_~'~_.'" r I I I , I i I I - II I I . I~ d I I I I I I 00 Ii;) ~ II .-11111I I ..... - .:;' II ~ . ~ -- ....... I. d. I . p ~. VA.20Q4-AR-0758 June 17. 2004 20f 9 I . o'l:t'l:t I'-ON .,...-0_ .N 0 o -L.() z~Q) E >- C'l 2:;~ - --, CI:l ""0 c: Q) C'l a.. <{ < ::I w ... - en . .. ... Q. .c :I z o - I- < (,) o .... -0 - Z m ::D - C " m ::u 0 ~ ! C I I I I I I , I I I , I ) III / . / j I} / ! / ~ ,. I I / J : ( / : I I : I I I I ' . I f I ~: .~I . I I '" " 'R"< , ',. . . ,.. ... ....... ,', ,'." ,:' ...;.-- ~ , ...".,.... ~ ........, '.,' . I ' "1 . " '. ....."". ", ~ . '. '. Df ", .., '. .. :' " 'h I ..... , JJ ~<D:> ----.4...J.-i-- ,.1. T'.'I ' I I ; I I I I I I I I zoo/zoo ~ lN3Md013^30 ONVl " H Ageritfa'lteHi N1Y...1 m!H 1100ZltlO/90 .JUlY ~ f I ~vlJ~ Page 6 of 24 VA-2lJ04"AR-5756 June 17, 2004 3019 PURPOSFlDESCRlPTION OF PROJECT: Thc applicant is secking an after-thc-fact variancc to allow the separation between Building 6 and Building 7 of the Cypress Glen PUD to rcmain at 13.75 feet rather than the IS-foot separation required between buildings in the Cypress Glen PUD. The two buildings are currently under construction, A spot survey disclosed Buildings 6 and 7 werc 13.75 fect apart rather than the 15 feet required. This is the result of a surveying etTor. The applicant is therefore requesting a 1.25-foot building separation variance to allow the buildings to remain where they arc cUlTently located. View from the front, Building 6 is on the right and Building 7 is on the left. LAND USE & ZONING: View from the rear. Building 6 on the left and Building 7 on the right. As depicted on the aerial photograph on page 5, the Cypress Glen PUD is a partially developed multifamily residential development. Pha.~ One of the project is completed while Pha.~e Two is under construction and includes Buildings 6 and 7. Subject Site: Surrounding: Partially developed preserve areas that are part of Barron Collier High School and are zoned Residential (RSF-3). The developed Community School that is zoned Community Facility (CF). Pine Ridge Road and Kensington Park Residential PUD Undeveloped lands and preserve lands that are part of Barron Collier High School and are zoned Rural Agricultural (A). North: East: South: West: VA-2004-AR-5756 June 17,2004 40f 9 Agenda Item No. 170 July 27, 2004 Page 7 of 24 )(j .0 I II I lIC '* , rmo_.J r .,.1 'Ill '" II rJ I I I , il~ ~ii I PUD'- lIW'IIQa lUll . "-1 ..'. ... 'I _.........,.,....r ~j;;'~ -..... _~..... .~~~.J"~"."''f:!*I& \1 w III GR.OWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Mixed Use District. Urban Residential Sub.District. as depicted on the Future Land Use Map (PLUM). The Base Density in this area is 4 units per acre. The site is also eligible for a density bonus of 3 units per a\..-'l"e. being within the Residential Density Band of Designated Activity Center #13 that is located one mile around the intersection of Airport Road at Pine Ridge Road. As a result. the approved gross density of 7 units per acre is consistent with the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). The GMP does not address individual variance requests~ it focuses on the larger issue of the actual use. As previously noted. the subject petilion seeks a variance to allow a 1.25.foot building separation variance from the required 15 feet for two multi. family buildings (Building 6 and 7) which are an authorized use in this land use designation. Therefore. the actual use is consistent with the Future Land Use Map, Based upon the above analysis. staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element. although the variance request is not specifically addressed. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Staff has analyzed this petition and offers the responses to the items in Section 2.7.5.6 as follows: VA.2004.AR.6766 JUM 17, 2004 Agenda Item No. 170 July 27, 2004 Page 8 of 24 5019 a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No, thcre is no land related hardship. The building meets thc separation on thc southern corners, it is because the buildings are set at an angle to one another that the northern corners are 1.25 feet closcr than the 15 feet required. It would appear that the COnscquenccs of angling the buildings was not taken into consideration when setting the foundations for the buildings. b, Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. This is a simple error in the layout of the buildings that is resulting in a minor scparation error that needs to be formally corrected. c. Will a literal interpretation of the provisions of this zoning code work unnecessary an undue hardship on the applicant or create practical difficulties for the applicant? Yes. This is a minor elTor that will not affect health, safety, welfare or aesthetics. should the variance not granted the impact of moving the foundation would create practical difficulties for the applicant with no real benefit to the community. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. It is the minimum variance that will make possible a reasonable use of the structures in thcre present location. The loss of 1.25 feet between two structures that will still be 13.75 feet apart is minimal and therefore should still promote health, safety or welfare by providing adequate separation between structures and allowing for adequate light and air between these structures. e. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. The grant of a 1.25-foot variance to the applicant for these buildings is not a privilege that other buildings in the development enjoy. It may be a minor variance but it is still is not consistent with other development in the community. f. Will granting the variance be in harmony with the general intent and purpose of tbis Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. The purpose of requiring building separation is to provide adequate space for circulation and promote health, safcty and welfare, as previously stated the granting of this Agenda Item No. 170 July 27, 2004 Page 9 of 24 VA.2004-AR.5756 June 17, 2004 60f 9 variance will not affect any of those issues nor will it have any noticeable affect on the ovcrall character of the neighborhood. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves. lakes, golf courses. etc.? Yes. The buildings are located so they will not have any impacts to othcr buildings on the site or properties off site. There is substantial separation from the two buildings across the internal roadway to the north and substantial scrcening through landscaping to the south. for any uses off site the perimet.cr landscaping buffer and Pine Ridge Road. a !dx-lanc arterial road will block view of the buildings. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. and did not hear this variance. STAFF RECOMMENDATIONS: Staff has analyzed the guidelines associated with the variance request. and has determined that although there are no land related hardships. there are several ameliorating factors that warrant approval of this petition. The subject request is relativcly minor and appears to be the rcsult of an honcst error (forgetting to consider the affect of angling the buildings on thc distance between the structures) and that there is no adverse impact to health. safety and welfare. Staff recommends that the Collier County Planning Commission recommend approval of Petition V A- 2004-AR-5756 to the Board of Zoning Appeals. subject to the following conditions: 1. The valiance is limited to a 1.25-foot building separation variance as depicted in the applicant's site plan except as further restricted below, This site plan is included as Exhibit A~ and 2. If the residential dwelling structure is destroyed for any reason. to an extent equal 10 or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction. all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. VA-20()4.AR.5756 June 17. 2004 7019 Agenda Item No. 170 July 27, 2004 Page 10 of 24 PREPARED BY: ROBIN D. MEYER, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RA Y BELLOWS, CHIEF PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRA Y, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITI, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION RUSSELL A. BUDD, CHAIRMAN DATE Tentatively scheduled for the 7/27104 Board of County Commissioners Meeting Attachments: A. B. Site Plan. entitled. Attachment "A", Received May 4,2004 Conditions VA-2Q04-AR-5756 June 17. 2004 80f 9 Agenda Item No. 170 July 27,2004 Page 11 of 24 VA-2Q04-AR-S758 June 17, 2004 9019 Agenda Item No. 170 July 27, 2004 Page 12 of 24 . Q!GINAt V A-2004-AR-5756 PROJECT # 19993272 DATE: 4/15/2004 FRED REISCHL VARIANCE PETITION (V ARlANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Date Petition Received: Conunission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Cypress Glen Development Corooration Petitioner's Address: 2180 Immokalee Road. Suite 308 NlWles. FL 34110 Telephone: 239-594-8700 Fax#: 239-596-4399 E-Mail Address: Agent's Name: George Hermanson. Hole Montes. Inc. Agent's Address: 950 Encore WaY. Naples. FL 34110 Telephone: 239-254-2000 Fax#:239-254-2099 E-Mail Address:Georgehermanson@holemontes.com * Be aware that CoUier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT pLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 Page 1 - Revised 4/03 Agenda Item No. 170 July 27 I 2004 Page 13 of 24 Complete the following for all Association(s) affiliated with this petition. (provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: Cvoress Glen Master Association Mailing Address 2180 Irnmokalee Road City Naples State _FL Zip 34110 Name of Civic Association: Property Owner Association of North Collier County Mailing Address 141 W est Ave. City _Naples State FL Zip 34108 PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Unit Lot (s) Block (s) Section _12 Twp. _49 South Range 25 East Property LD. # 00255400002 Acreage Number: 29.7 :l: Metes & Bounds Description: See attached Deed Address of Subject Property: North side of Pine Ride:e Road. West of Livine:ston Road (If different from Petitioner's address) Agenda Item No. 170 July 27, 2004 Page 14 of 24 Current Zoning and Land use of Subject Parcel: pun - Multi-familv Residential Adjacent Zoning & Land Use: ZONING LAND USE N RSF-3 Preserve area for Barron Collier Hillh School SPUD Residential WCF Community School E A Preserve area for Barron Collier Hi2h School Minimum Yard Requirements for Subject Property: See information below Front: Comer Lot: Yes 0 No 0 Side: Waterfront Lot: Yes 0 No 0 Rear: The setback from the project boundary is twenty five feet (25~. Minimum distance between principle strUctures: Fifteen feet (15') for townhouse structures and twenty five feet (25 ~ between townhouse and existing three story condominium building. Agenda Item No. 170 July 27,2004 Page 15 of 24 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. . See cover letter Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or Agenda Item No. 170 July 27,2004 Page 16 of 24 deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. No. However the variance re uested is the minimum amount nec:essa to correct the encroachment 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. No. The variance is re uested to rectif an encroachment resultin from a sune or's error. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant Yes to correct the encroac ment would result in the need to remove the existin structure. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes. the variance of 1.25 feet is the minimum amount necessarv to correct the violation and it will not contovene the public health. safety or welfare 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or stnlctures in the same zoning district. Yes because all other structures are re uired to meet the 15 foot se aration between structu es. Agenda Item No. 170 July 27,2004 Page 17 of 24 -. ----.---------------- 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Grantinl! tbe variance will not be in'urious to the nei bborhood or be detrimental to the ublic welfare. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and obj ectives of the regulation such as natural preserves, lakes, golf course, etc. No 8. Will granting the variance be consistent with the growth management plan. The variance ma be found consistent with tbe GMP ** Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately Agenda Item No, 170 July 27,2004 Page 18 of 24 V ARlANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF COPIES REQUIRED 1. Completed Application 15 15 2. Completed Owner/Agent Affidavit, Notarized 1 1 3. Pre-application notes/minutes 15 Meeting waived 4. Survey of property, showing the encroachment 1 1 (measured in feet) 5. Site Plan depicting the following: 15 15 a) All property boundaries & dimensions Approved b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing SDP d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 1 reference 7. Electronic copy of all documents and plans 1 8. Application fee = $2000 (residential) $ 2,000 $5000 (non-residential) (minus fees paid at pre-application meeting) Checks shall be made payable to: CoUier County Board of Commissioners 8. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the de 0 rocessing of this petition. - Y!/l/&~ I Date Applicant! Agent Signature 1/04 Agenda Item No. 170 July 27, 2004 Page 19 of 24 05/04/2004 15:17 TEL 92542099 H M LAND DEVELOPMENT ~ . , " :i .,......-~ ,,,_~,,,,""\IooI: .,.......0\1'.."'-'" :.;:::,,~ \ " .,:' \'" r l .".w.~:r: ~::~r .. ,:. t" J\ :,~~'ml~'~'l':' ". : ',2\" "'~>, \., ,',' r: .' .=m"~" ';- - 'I' !. ",..ftlII.. "~' '\" D~~' " ' -I"V' 1 II ~~~~~:.'?:'."~~ .~.~ ',', 'J-I.)r.. fl" . -",','t:' , ......,., A, . '. ..... <3: ,'. :~' ~ "" . -:<( .',:" . ..,' .. >' ( :\" .:.c' :,l,.~,:\", . ,).". ... I,. . III11IIII!f:;. ':::.. ,:::::~';.r.~~.... -.'. ,""'~' ".. ".,1'1'"1''''1'''' \,.~ :::~;Nlil~~i~,~a~l,:~ ::; '" .tt- ::rr:; I~;\fn .... , I ': '.: . -;' > ;~. .:-... 1 :.'.( It! :. . . " " " ,l~l: ~:~; ~l~ ~~~::U n \:"{1 - -- . I;, . . <:!) ~ ~ .. '. . '.' ".. I iI.'. .: I; ',.,.:.: ..... .,.,',. ' ~.~ " '.',"'" . " ~ ' ~ '. ' . -. .. I '. A.... I . ',',. ~'-,. .:.,' .. ',"" " , ~. ",.., . .':'.'. " "'1', '.' '.' '. ',' ",' . . ','. .', " s:- I ~ / i . j \ I \ I \ \ \ \ ) : / i I (I / I \ / 1\ I (( \ \ \ l \ I \ \ \ I I \ 1 \ \ I \ I I I : \ I : : \ \ \ I \ \ I I I I \ \ I I I I \ \ I I I I \ \ I \ 1 \ \ I \ \ \ \ \ \ \ \ \ I \ \ I \ \ I \ I I \ \ Agerld \ Item No. 17D " '-~'J" 27,2004 -~-"'.~-Va ~ :lU or ~4 1 ) / / ~ 002/002 c c( o a: w C) o - ~ w Z - Q.. ------- RESOLU110N NO. 04- ___ A RESOLUTION OF THE BOARD OF WNING APPEALS OF COLLIER COUNTY RELATING TO PETlTION NUMBER V A-200+-AR-.57.56 FOR A VARIANCE OF 1.2.5 FEET FROM 15-FOOT SEPARATION BETWEEN TOWNHOUSE STRUCfURES REQUIRED BY PARAGRAPH 7.3.C. Of THE CYPRESS GLEN PUD TO 13.7.5 FEET. FOR THE SEPARATION BETWEEN BUILDlNG 6 A..'iD BUILDING 7 LOCATED IN SECTION 12 TOWNSHIP 49 SOUTH RANGE 25 EAST ON PROPERTY HEREIN APTER DESCRIBED IN COLLIER COUNTY. FLORIDA- WHEREAS, !he Legislature of thc Slatc of Rorida in Chapwr 125. Florida StatUlA... has eonfcrred on all counties in Rorida the power lO establish. coordinare and enforcc zoning and su(~h business regulations as are \lece.<;.~ary lOr the prolection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LOCI (Ordinance No. 91-102. as amended) which establishes regulations for !he zoning of particular geographic divisions of the County. among which is t.he gr'.ulting of variances; and area hereby affected. has held a public hearing after notice as in saW regulations ma(!c and provided, WHEREAS. !he Board of Zoning Appeals. being lhe duly e1ecled conKtituted Board of the and has considered the advisability of 1.25 foot after-the-fact variance from the I\-'(juired Is-root scpar'ation betwcen LOwnlxluSC SlnIctutes required by Par'agcul)h 7,;,.C of the Cypress Glen PUD to 13.75 feet. for the separ.uion belween Building 6 and Building 7. as shown on the attached plot plall. Exhibit" A". in a PUD Zone I(Jr the property hereinafter described. and bas round all a matter of fact that satisfactory provision and arrangement have been made concerning all applicable mattcrs required by said regulalions and in accordance with Section 2.7.5 of Ihe Zoning Rcgulations of said Land Development Code for lhe unincorpol",lIed area of Collier CouIllY: and WHEREAS, all inlCrc'~tcd partie... have becn given opportunity to be heard by this Board in public meeting asscntbled. and the Board having considered all mauers presented, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS or COLLIER couNTY, PLORIDA that: The Petition V A-2004-AR-5756 med by Hole Monres, Inc., reprcscllling Cypress Glen Development Corporation with respect 10 the property hcreinafrer described as: Exhibit "B" be and the same hereby is approved for a 1.25 feet from IS-lOOt separation between lownbouse sU'UCtutCll required by paragraph 7.J.C. of tbe Cypre.~s Glen PUD to 13.7.5 1"t,'Ct. for the scl,aration between Building 6 and Building 7. as shown on Lhe atlllChcd plot plllO. Exhibil "A", in the Cypress Glen POO Zoning DiSlrict wherein said property is located: Page 1 of2 Agenda Item No. 170 July 27, 2004 Page 21 of 24 BE IT FURTHER RESOLVED lhatlhis Resolulion relating u) petition Number VA-2004- AR-5756 he recorded in lhe minulCs of Lhis Board. This Resolution adoPled aflcr motion, second and majority vOle. Done this day of __,2004. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF WNlNG APPEALS COLLIER COUNTY. FLORIDA BY:___-------- DONNA FIALA. CHAlRMAN Approved as lO Forol and Legal Sufficiency: Marjorie M, Sludent AssiSlalll County Attorney VA.211()4.AK.~"(JR.W'l' Agenda Item No. 170 July 27,2004 Page 22 of 24 05/0412004 16' 17 "Et 92542098 H ~ lANP PEnLOP~ENT ~ r,;-~~ . "I{ \ "'_;l~~ ' r , tL.~..J . ~. ,:{:..:.. .. .' . I'" I . " I ,~. .' - , ....; , .....:.. .. ~ . .";.~.;;.... ! ~~~,~ '",---_' M''':']... I " , . I .~;~ \'1> . C ,". 1': : I ... ...i '. , ~. . ". 1'," 1\ UJ ',' ""r ~'\-:'" \ .N ~ s'{ .... I 'i 0: ", t:s. . ,',;. : ..~'~,'1 .,.'; , ~~! ..,' '. ..." '-, '. ..... ': ~." ",' .... . <' '-'" ...' . "-' ~ ,"~;, ,.' " " -'~ "/~~' .:i,- .', " ,!.: ','::': J .,,<(, , .~ , .EJ:5 ~.,'. <( .. . I, ~ i!':iIr,m..-~::'" ~ .' ':,.~ ~ , .. ., .... ... < '.... ::\.~;~".'~ cr:;', ,.:', '. t. '.", . .': " . .....;.,~:,.l. . 'l" ,,' ( , , . ..:.~t:~!~, tllJ .'~,' ;." _..~.7. .,', .~: ...... " ~~~~""": 4! [ :..' I~' : I . . . , ." II ". '. " i, ... f ~ . . lL. .:. ,. "- /J,j. ". ' , \- ~ ,,' .,\',' '.. ~ . .,~. ',' .' ", ~ "0. , . .'\. - I I · \ , I \ I 1\ I I I / ! \ 1 I / !. I / 11 , I ,I I ;' 1'1 I / III Ii; : I \ I I I I \ I \ I i I , , i, ! \' \ I I ' ' . \ f ~ i t I Iii I . C ,I i I 4 , i \ 0 1 I ~ I i I I . I W I I ;! " I I 9 i \ I ~ I I w II I z t I \ i ~ \ \ \ I . \! I I I I Ii ! i I :1 Ii I '. . " I _~~rl II I' lfjOOZ/<lQ2 I ! J Agenda Item No. 170 July 27 I 2004 Page 23 of 24 EXHIBIT "An r-. I i \ OR: 3215 PG: 1618 .-- 8M _._.- gftola::n"'. ....,..."'1,. ......l.2S4.D:>>.fc.t.Z42DUt IlM I'ROJECl' tf2ll(J2.S7A 1JUj JUll'. DWO. .S-J6oIS-l CYPRESS ()I.I!1f VIlJ,.AGIl. A C()l'ltIOldlI'lllJM P'ItASB 1L sUDJ)II'iO <0 U!OiU.OIlSC/lIfTlON A PORTIOIf OF 1lIIi solJ1lll!AST QUARTJlK OF SBCl'lON 12. roWllllHIP 019 SOum. RAJlOS 2S F.A5T. CQLl..IIlll COUNTY, Jl'L()R1DA. BBING l>l'OIUlpAIl1lCIJLAALY Dll8CIlIIlllI> AS POLLO'llI8: C(lMMEl'ICE AT TIlE SOIJTIIIWIT CQ1OO!R ciJl SIlC't1OH 12, TOWlIllHII' 019 SOUTlt.AANOIl2.S llMI'. CQLl..IIlll COUNTY, J'LOlUDA; 1'HIlIlCI! 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CllKl1lALANGI.n OPSloolO'48"'.lll!IlnltlIl8DIlY A CIIOJtI)OP n.1le PEIl'f AT A aIlAlUtlGOPN.WI1"'''Il-.l'OR ADISTANC!lOP 13.53 Pl!l!TTOTHBIlIfJ) OF SAIDCIJIlV& 1'!ll1J'lCE llUN S.l4'51'44.,.. ~ A llISTAl'ICJl 01' 56,'13 J'I!BT;"!1lIlHCE llUII s.W3'J'41"1\. FOR A DISTAIICI! OF 86.13 PllI!T; T1mNCll R\)l'j S.ln'SB")rw.1'OR: A DIST II!<CE OF 6l).!16 FBl!TTO THB ~ IlliPlNNINIJ; COlff AlNlNO D.2lJ'/ ACIU!. MOIIIl 0IlL.:BSS. TIIlSPIlOl"f'..RTY IS SUBlI!CJ"TO EAS\!MllI'ITS. JlllSEIl.V"'1'lOl'l5 OR IlEST1UCl1OrlS OF lU!COIlD. alWUNGS IUlFI!J! 1'0 THB SOUtH UMB OF TIll! soun!llAST QUAllT'I!Il OF secnON 12. TOWMSHIl' 4~ S(>U'l1i.1W'l0E2.S .COI..l.lER COUNTY. l'WlUDA. ASBElNO N.ll9"'n'orw. p.L$,/I3141 S'l'A'l'IlOF l'I.ClIUDA ~.l ~ ,. I ' ~X'nl brt D Page 2 of 2 Agenda Item No. 170 July 27, 2004 Page 24 of 24 EXECUTIVE SUMMARY PUDZ-2003.AR.4046, Dwight Nadeau, of RW A Consulting, Inc.,representing Waterways Joint Venture IV, requesting a rezone from Rural Agricultural (A) and Planned Unit Development (PUD, known as IDbiscus Village PUD) to PUD to be known as Summit Place of Naples PUD for a residential development consisting of 98.4 1: acres and 394 dwelling units for property located at 14625 Collier Boulevard which is on the west side of Collier Boulevard (C.R. 951) and approximately 700 feet north of Wolfe Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: The petitioncr secks to have land rezoned from its current zoning designation of Planned Unit Development (PUD) and Rural Agricultural (A) to Planned Unit Development (PUD) for the purposes of devcloping a residential planncd unit dcvclopment at a density of 4.0 dwelling units pcr acre, for a maximum permitted 394 dwelling units. CONSIDERA nONS: ,"""'-' The petitioncr seeks to have land described herein rezoned from its current zoning designation of Planned Unit Development (PUD) and Rural Agricultural (A) to Planned Unit Development (PUD) for the purposes of devcloping a residential planned unit development at a density of 4.0 dwelling units pcr acre. The proposal will in<"-i'Case the acreage for the Hibiscus PUD from 57.82 acres to 98.4 acres and add 163 units for a total of 394 dwelling units. Other major changes to the PUD are deviations: to limit additional review to a planing review or site development revicw, a lessening of the depth of lake control elevations, allowance of narrower street rights~of- way, elimination of tangents between reverse curves on streets, elimination of the buffer between Summit Place and the residentiaL component of Golden Gate Fire Station 73, and the elimination of toe-of'-slope setbacks between the two devclopments. The other proposed change is the elimination of rear side yard setbacks for accessory structures, which will allow projections into the individual rcar yards. StatT analysis indicates that the PUD is compatiblc with thc surrounding properties. The property to thc north of the subject property is developed with a wholesale nursery and the Brittany Bay Apartments. Collier Boulevard (C.R. 951) abuts the site to the east then there is undeveloped land zoned Agricultural, a church zoned Agricultural and the Vanderbilt County Club PUD. The propcrty to the south is currcntly being rczoned to PUD to allow Golden Gate Fire Station 73 and sixteen residential units that will be accesscd through and supported by Summit Place. The parcel to the west is developed and zoned Agricultural. FISCAL IMPACT: .~....-..... This rczone will have no fiscal impact on Collier County. However, the further development of the properly will result in future fiscal impact on County public facilities. The County collects Page I 01'3 Agenda Item No. 17E July 27,2004 Page 1 of 63 impact fees prior to the issuance of building permit~ to help offset the impacts of each new development. The following impact fees w1ll be applicable to the additional 163 unil~ being added to this PUD: Community Parks Regional Parks Roads EMS Schools Jails Libraries Government Bldgs. Fire TOTAL $ 89,324.00 $ 89,161.00 $ 568.055.00 $ 15.159.00 $ 134,801.00 $ 19,230.74 $ 36,254.46 $ 29,266.65 $ 36,675.00 $1,017.926.85 Please note that the inclusion of impact fees collected are for informational purposes only, they are not included in the criteria used by Staff and the Planning Commission to analyzc this petition. GROWTH MANAGEMENT IJ\-lP ACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict). as identit1ed on the Future Land Use Map of the Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of 4 dwclling units to the acre (DUlA) and a maximum of 16 DU/A, subject to the Density Rating System Provision; recreation and open space uses; and community facility uses, such as group care facilities. Based upon the above analysis, staff concludes the proposed PUD uses and density may be deemed consistent with the FLUE. Transportation Element: The proposed Summit Place of Naples PUD will allow for 394 multi* family dwcHing units. The Traffic Impact Statemcnt (TIS) for this petition projects a total of 2080 trip ends on a weekday and a maximum of 190 PM peak hour trips. The roadways segments impacted above 3.0 pcrcent by the proposed developmcnt arc Collicr Boulevard, north of thc project, and Immokalec Road, west of CR9S1. These segments arc scheduled for construction to six-lane facilities beginning in FY 2005. The added capacity will reduce the impacts to below 3 pcrcent. Therefore, this petition is consistent with Policy 5.1 and not applicable to Policy 5.2. Open Space/Conscrvation: The Environmental Services Dcpartmcnt reviewed thc proposed PUD and found that it is consistent with the applicable policies of the Conservation and Coastal Management Element. ENVIRONMENTAL ISSUES: -, The Environmental Review staff has reviewed the petition and the PUD document and addressed any concerns within the PUD document and the Mastcr Plan. Page 2 of3 Agenda Item No. 17E July 27,2004 Page 2 of 63 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project was heard and approved 5 to 1 by the EAC on July 7. 20()4. PLAI'lNING COJ.\'L.\1ISSION RECo.M.l\1ENDA TION: This petition was heard by the CCPC on July 15. 2004. The petitioner provided a number of l:hanges to the PUD document to correct minor errors and agreed to drop Deviation 2, which was a request to deviate from County standards for lake side slopes. 1bere was one public speaker, Mr. Len Stout. who spoke only to say that he had met with the owners of Summit Place and they had resolved his concerns, so he no longer was objecting to the proposed changes in the regulations from the Hibiscus Village PUD to Summit Place PUD. The CCPe approved a motion (5 to 0) to forward Petition PUDZ-2003-AR-4046 to the Board of County Commissioners (BCC) with a recommendation of approval. The changes to the PUD document have been incorporated into the PUD document prepared for the Board of County Commissioners hearing. STAFF RECOMMENDATION: Because the proposed PUD has been found compatible with the neighborhood and consistent with the Growth Management Plan (including the Density Rating System and the Transportation Element) Staff recommended that the Collier County Planning Commission forward a recommendation of approval of petition PUDZ-2003-AR-4046 subject to the conditions of approval that have been incorporated ioto the PUD document. Page 3 of 3 Agenda Item No. 17E July 27,2004 Page 3 of 63 Item Number Item Summary Meeting Date COLLIER COU~TY BOARD OF COUNTY COMMISSIONERS 17E This item requires that all participants be sworn in and ex parta disclosure be orovided by Commission members, PUDZ.2003.AR-44046, Dwight Nadeau, of R'NA Consulting, inc" representing Waterways Joint Venture IV, requesting a rezone from Rural Agricultural (A) and Planned Unit Development (pUD, known as Hibiscus Village PUD) to PUD to be known as Summit Place in Naples PUD for a residential development consisting of 98.4 + acres and 394 dwelling units for property located at 14625 Col!ier Boulevard which is on the west side of Collier Boulevard {C.R 951) and approximately 700 feet north of Wolfe Road, in Section 34, TownShip 48 South, Range 26 East, Collier County, Florida, 7/27/2004 900:00 AM Prepared By Robin D, Meyer Community Development & Environmental Services Principal Planner 7/19/20049:45:50 AM Zoning &. Land Development Review Date Approved By Robin D, Meyer Community Development & Environmental Services Principal Planner Zoning & Land Development Review 7113120047;48 AM Approved By Date Ray Bellows Community Development &. Environmental Services Chief Planner Zoning &. Land Development Review 71191200411;40 AM Approved By Joseph K, Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin, 7/191200412:57 PM Approved By Constance A, Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin, Date 7/19120041:06 PM Date Approved By Pat Lehnhard County Manager's Office Administrative Assistant Office of Management & Budget 7119/20041:45 PM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 7119120042:36 PM Date Approved By Michael Smykowski County Manager's Office Management & Budget Director Office of Management & Budget 7119/2004 5; 26 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Offlce 7119/2004 5:48 PM Agenda Item No. 17E July 27,2004 PClge 4 of 63 eolNter County ~--- .- '--~----- .-- ST AFF REPORT COLLIER COUNTY PLANNING COl\tfl\tlISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JULY 15, 2004 SUBJECT: PETITION PUDZ-2003-AR-4046, SUMMIT PLACE PUD AGENT/APPLICANT: OWNER: Waterways Joint Venture IV, By Waterways Development, Inc. 914 Grand Rapids Boulevard Naples, Florida 34120-4430 AGENT: Dwight H. Nadeau R.W.A., Inc. 3050 Horseshoe Dr., Suite 270 Naples, Florida 34104 REQUESTED ACTION: The petitioner seeks to have land described herein rezoned from its current zoning designation of Planned Unit Development (PUD) and Rural Agricultural (A) to Planned Unit Develcpment (PUD) for the purposes of developing a residential planned unit development at a density of 4.0 dwelling units per acre, for a maximum permitted 394 dwelling units. GEOGRAPHIC LOCATION: The subject propcrty is located on the west side of Collier Boulevard (C.R. 951) approximately 700 feet north of Wolfe Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (See location map on the following page). PUDZ-2GJ3--2\R-4046, STJM}1I: PLACE PUD Agenda Item No. 17E July 27,2004 Page 5 of 63 ~l!' i r I ~ ..... - c.....", ---- Z T lUg .~ J ~~ IJ( i I J i IT 1 l 7'r- I~~ I -:::: -=!::t: ==I=t:: , III . " I I I I I . . '" :l I, .1 ~ I' II j- .....--....-. --- ~ , PUDZ-2 00 3-AR-4 04 6, SU~'vLI T PLACE PDD 2 -- t ~X. I . i. .._, I t ~J. I g.1 +151 I · ~ Ii --.. - ...... ... I - -..- L ell ~ I. I I ,,~, ill[ I I J II t I. . ~ ~;' . Ie- II = I.- "".1 II I .. ~~~ 10-0..... .N 0 ~ I'-~ <0 ~NQ) E>-~ @~c.. ~ ~ f:i I , W t- - CO I.. :!II I D- c( ::e z o - l- e( o o ...I w""""C") 1"-0<0 .......0_ .N 0 o -I"- Z~Q) E>>C> Q) - C'O -..::la.. -"""') C'O "'0 C Q) C> <( j: -'":S.~::' :';',~z;'-iI;:;1i- I < '" ,...,., ~'^' _^M "',." ,'I"~' '~,:;::~-~-:;"',:;';;."" ',~r ...,:-..: 1,,'7;;-1 ,f. I]'tx' ~':: <.V'~ 'I: .0"-'" ;d),m.n, tV U'~,';1<U:'<kr~''''N,),z.<Y,\1. "" I ...7_ ...r<, j :;::: ~ I~ ~ OOZ u.:l< -J,.....l O-tc... <~ Zw ZE- --00 u.:l-< u <:E ,.....lO Q..;::) ,-c... ~er:: ~ :E :J 00 " 'f/" .LISIHX3 ~; .1 i;: ~-----J----- --- -I!~--~~"':~ -.;~,_ --- - - - -~~,' -0- ~~._~')_("'UWJ ~ . -- '/' 'n-l -1- - i ;~ "}, -L----I ( i;:~ ;1"" o I J~ ~ ~.,it I~_ti lfi jl ~'-1'4 D~ ,.'...., ~I I ~ ~ t ~;:1 j i~ 'i ~ ) n ; ~~- ---~!o Ijr;-!I--~'i ~ '.~i~;i 'j I ! j i t t: ~t! ~ " # r~ t - 1::1- ~ 1 '\ i .6 -! . ,,- /' , /, - ." !^ u -1- --- "f"^r,-' ''/''.- !iH~ !. ;! ,';;J -=-= ~\c'~Q/! II il:~ ~i jl;;;! !, ~lll [~~ !:f\~ '\ ..^- J /;} ;!, ~" si '^'.;-'/-\,!~ l' :!!!1 .ji ltS t- ~\ ~ I .._~'?-j uI:, i! ~ ) \, ~-, .-// ;.. ,,/ ~~ t~ <",'---" /-~.I!1 . $~ ~tal IE "'~ ~ l"iji ~i!fu ^-~"*";"" .;: In /I'~.,..! \ 1 \ ' t ~ ""'"Tt "" ~ ~ '\ ~ .-::.:;. , I :l~ . ~< i ~~~ .'fICW(/ WOCICO I ~l :1 ~; I, '. j; ,I l!fR-th ~ JUy !r , b-'~': ',. ':'-l'! fl!ltil.': l i J,a" '1;1 I ;'.):: H 1 !~ ~'[t{ =1"" i ~\(,. ".\<,,/,1, I ,"", I.! ~\ ~ I .J "1.-' ,~ ~, '.; :t : " 1n-s:- ~!t ; ; :'" ~~ PUDZ-20:) 3-AR,'4 04 6, 5U1'L'vj1 T PLACE PDD .1 s !! I , 'f i J Ii , j H ~ iH i uH I" III W ~H is!!!;i i 'I Ii!! ~,I ! i I H!! j!! t . '!!l .f' ; lii u ,d:i .. ii, d i! hi . .. ~ 4 ~ . ~ ~! , , ~~~JJ f }--', ,OC-... li l::r:i.!.1 '" ~:'i; 'I !',., 'I' :fI,;; i; "I 't 'I \/toi h . ( ,;:: ~"4' ) ~ --i~\1) I i t ',\"'. I f ~1\t~/N ! ~~~. I ~ ;/ : . h-','- I ~ iJj ~_.. '-=C'I it - ; . ZJ, , 1 I ): .. d H ~ f I"' t t lc! j 'H ~l ,'ii~l, ;sl -,,:,6' U ,),,1 . it:j'; ~.} j :ii,ii n~ ~ I i!,n' I!l ! 1 ti':'. ,11 ~ ~ >1;'U' ~I' . . ;~;J\ 1- l I !1,:I(' I_ J 'I 11 . r",JI 1 - ! . -s 'ot; 1$i x' ,. ~ ! i ;hht j;~ ! :1 ~ ,:'? '4Sdi H I Ii ~ .Il 'f illl!l ,Et; ~, '; ;;j ;; !/tp, ~ii~ ~f :~ j:. }! uhf! ~!ti !t ", Ii! I! mill Hil n Ii PURPOSFlDESCRIPTION OF PROJECT: The applicant proposes to develop the property for rcsidentialland uses. The project known as Hibiscus Village PUD is an existing 57.82 acre project, which was approved in 2000 and is currently undcr construction. The existing Hibiscus Village PUD allows for a maximum of 231 residential dwelling units at a density of 4 dwelling units per acre. The applicant is proposing to add 4O.58:t a(.TCS to the PUD allowing for an additional 163 dwelling units for a combined total of 394 dwelling units, and to rename the project from Hibiscus Village to Summit Place. The current project access from Collier Boulevard will remain in the same location, and no additional access points arc proposed. A portion of the adjoining property to the south is undergoing a simultaneous PUD rezoning to permit in part, a maximum of 16 residcntial dwelling units, all of which will be provided access and other shared infrastructure via the proposed Summit Place pun (see Exhibit A - PUD Master Plan). The adjoining 9.38 +/- acres of land is currently zoned Rural Agricultural (A) and is proposed to be rezoned to Mixed Planned Unit Development (MPUD) to be known as the Golden Gatc Fire District Station 73 Mixed Use PUD. A portion of thc Golden Gate Firc District PUD will be dcveloped with attached single-family dwelling units in a multi-famlly configuration, similar to thc development pattern of the Hibiscus Village PUD. These units arc intcnded to sell as fee simple units and will include individual ownership of the platted lot upon which the residential unit is located. SURROUNDING LAND USE Al\1J> ZONING: The existing site is cUlTently being developed with thc rcsidcntial uscs permitted undcr the Hibiscus Village PUD. Surrounding- North: Wholesalc nursery and Brittany Bay Apartments, zoned A and PUD rcspectivcly East: C.R. 951, then undcveloped land, zoned A, a ChW'ch zoned A, and the Vanderbilt Country Club PUD South: Undeveloped lands zoned A proposed to be rezoned PUD for the Golden Gate Fire Station 73 and the sixteen residential units that will be accessed through and supported by Summit Place PUD West: Undeveloped lands. zoned A 4 Agenda Item No. 17E July 27,2004 Page 8 of 63 PUDZ-2003-AR-4046, sur''L\i1IT ?LACE PUD ,..~ --- I 1\ II t It. zoo A' GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban - Mixed Use Distt;ct, Urban Residential Subdistrict), as identificd on thc Future Land Use Map of the Growth Managcment Plan (GMP). Relevant to this petition, this Subdistrict permits rcsidential development (variety of unit types) at a base dcnsity of 4 dwelling units to the a<-'Te (DU/A) and a maximum of 16 DU/A, subject to the Density Rating System Provision; recreation and open space uses; and community facility uses, such as group care facilitics. The applicant is proposing a maximum of 4 dwelling units pcr acre, which is consistent with thc allowances contained in the Dcnsity Rating system in the Future Land Use Element of the GMP. Based upon the abm,e analysis, staff concludes the proposed PUD uses and density may be deemed consistent \\'11h the FLUE. Transportation Element: The proposed Summit Place of Naples PUD will allow for 394 multi family dwelling units. The Traffic Impact Statcment (TIS) for this petition projects a total of 2080 trip ends on a weekday and a maximum of 190 PM peak hour trips. Trip distribution and perccntages of the directional peak hour volume on roadway segmcnts are as follows: 5 Agenda Item No. 17E July 27.2004 Page 9 of 63 PUDZ-2003-AR-4046, SU~~IT PLACE PUD Project Directional Distribution ROAD FROM TO % OF PROJECT PM PEAK HOUR % CAPACllY AT SEGMENT VOlUME VOLUME ADOPT. LOS Collier Boulevard North of Site lmmokalee Road 65% 81 4.6% CR951 Collier Boulevard South of Site VandertMlt Beach 35% 44 2.5% CR951 Road Colli<< Boulevard Vanderbilt Beach Golden Gate 25% 31 1.8% CR951 Road Blvd. fmmokalee Road Airport Pulling 1-75 40% 50 2.9"4 Road Immokalee Road 1-75 CR951 55% 69 3.7% Immokalee Road CR951 Oil WeD Road 10% 13 0.7% Vanderbilt Beach 1-75 CA951 10% 13 1.3% Aoad The roadway segments impacted above 3.0 percent by the proposed development are Collier Boulevard, north of the projcct, and Immokalcc Road, west of CR951. Thcse segments are scheduled for construction to six-Ianc facilities bcginning in FY 2005. The addcd capacity will reducc thc impacts to below 3 pcrcent Therefore, this petition appears to be consistent with Policy 5.1 and not applicable to Policy 5.2. Open Space/Conservation: The PUD documcnt indicates that a combination of1andscape, lakes, water management areas, and qualifying open space areas equals sixty (60) percent of thc gross land area. The PUD will also achieve native vegetation preservation and re-vegetation requirements of the Land Devclopment Code (LDC) by re-vegctation of native species, thereforc the Conservation and Open Space clements of he GMP will be achieved by the PUD development strategy. Utilities and Water Management Element. The Utilities Departmcnt has reviewed the petition and has statcd that approval of this petition is subject to application for, and conditions associatcd with, a "Water and Sewcr Availability Letter" from the Collier County Utilities Division. The Utilitics Department notes that a 24-inch water transmission line exists along Collier Boulevard. However, sewer availability is subject to construction and placcmcnt into service of a proposed 16-inch sanitary force main along Collier Boulevard. Collier County Public Utilities cannot guarantee a timeframe for construction of capital projects such as the sanitary force main. However; the carliest completion date of the force main is anticipated for late 2004. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination must be based. This cvaluation is intended to provide an objective. comprehcnsive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria arc specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCe. Each of the potential impacts or considerations idenlil1ed during the staff review arc listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non-compliance. OJ' compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. (Sec Exhibit "An and Exhibit "B"). 11 Agenda Item No. 17E July 27, 2004 Page 10 of 63 PUDZ-2003-AR-4046, SUMMIT PLACE PUD Appropriatc evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and electcd decision-makers, The evaluation by professional staff includes an analysis of the petition's relationship to the community's future land use plan, and whethcr a rezoning action would bc consistcnt with thc Collier County GMP in all of its relatcd clements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing thc relationship of the rczoning action to the long rangc plan for future land uses. Based on staff's analysis, this project, with the mitigation provided in the PUD document, should not advcrsely impact any adopted level of service standard. Environmental Analysis: The Environmcntal Services staff has reviewed the pctition and has recommended additional language be added to the PUD document to address conccms about locating preserve arcas on a berm or in an area that would contlict with any other casements. The preserve arcas must be located at natural ground level or on a practically flat slope, and fully comply with LDC Section 3.9.7.1 E. This petition was requircd to submit an Environmental Impact Statement because of its size of 40.58 acres. This project is to be heard by the EAC on July 7, 2004. The outcome of that hearing will be provided orally to the Collier County Planning Commission (CCPC). Transportation Analysis: Thc Transportation Department staff has reviewcd the petition and the PUD document that accompanies the request. The applicant has incorporated Transportation staffs concerns within the PUD document. These concerns include the condition that nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point and neither will the cxistcncc of a point of ingress. a point of egrcss or a median opening. nor the lack thereof, bc the basis for any future cause of action for damages against the County by the dcvelopcr, its successor in title, or assigns. Utility Analysis: The Utilitics Department staff has revicwed the petition and has stated that approval of this petition is subject to application for, and conditions associated with, a "Water and Sewer Availability Letter" from the Collier County Utilities Division. The Utilities Department notes that a 24-inch watcr transmission line exists along Collier Boulevard. However, sewer availability is subject to construction and placement into service of a proposed 16-inch sanitary force main along Collier Boulevard. Collier County Public Utilities cannot guarantee a timeframe for construction of capital projects such as thc sanitary forcc main howevcr; the earliest completion datc of thc force main is anticipated for late 2004. Zoning and Land Development Review Analysis: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refcrs to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). In the case at hand, and based upon the Future Land Use Plan, staff has an expectation that the land will be used and devcloped for thosc land uses aulhori7..cd within the PUD. The dcvelopment of the subjcct property is timely and consistent with the FLUE of the GMP. Furthermore, the proposed amendment to add 40.58 acres and 163 dwelling units to the existing residential PUD will not adversely impact any level of service standard. Lastly the revised development standards in the PUD are intended to support the fee simple ownership of the single-family units in this development 7 Agenda Item No. 17E July 27, 2004 Page 11 of 63 PUDZ-2003-AR-4046, SUM.:.\1IT PLACE PUD Relationship to Existing and Proposed Land Uses,;, Generally a discussion of this relationship concerns the compatibility of the petitioner's proposed changes to the uses allowed in the pu~ with the adjacent properties to the north, south, cast, and west. The subject property is proposcd as an expansion of the already approved rcsidential developmcnt, at the base density allowed in the County's Comprehensive Plan, the landscaping and buffering requirements in the LDC will mitigate any impacts between this use and the abutting uses. Deviations: 1. Deviation I, 2.5.C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order, except in the case in which individual rcsidential units within a multi-unit building will be conveycd in a fee simple manner. The petitioner is seeking relief from LOC Section 3.3 to cxempt thc rcsidential units [rom the Site Development Plan (SOP) process. This dcviation is being sought to alleviate the duplicative proccsses the LDC requires for the residential units. This issue is addrcssed in thc PUD Documcnt as itcm 2.5.C. Thc purposc of the SOP process and subdivision proccss is to cnsure compliance with land devclopmcnt rcgulations, and consistcncy with the County's Growth Management Plan. Because each residential unit in this project is proposed to be sold in a fee simple manner that includes the lot, the project would also be required to seek approval through thc platting process. The platting process is usually used for projects that do not go through the site dcvelopment plan process, such as a single-family home subdivision. Projects seeking approval of this product type have been required to go through both processes up to now because no other process was in place to address this rathcr unique product typc. Requiring approval using both approval paths is duplicative and time-consuming for both staff and the applicants. Staff is currently investigating how best to deal with this situation, and may submit an amcndment to the LDC aftcr all the issues havc been completely studied. In this instance howevcr. a dcviation will allow this project to movc forward and avoid the duplicativc processes. Approval of this dcviation would allow the devcloper to use eithcr one or the other approval paths, but would not require both. If the lots will be sold in a fee simple manner that includes the lot, the developer may utilize the platting procedure, othc.rwise a SOP approval must be sought. 2. 2.6.B. Lake Side Slopes: A maximum four to one slopc shall bc graded from the existing grade to a breakpoint at lcast five feet below the control elevation. Below this breakpoint, slopes shall be no steepcr than two to one. Deviation from LDC Section 3.5.7.2. to allow lake side slope brcakpoint elevation to be five feet below control elevation, rather than 10 feet below the control elevation. Deviation 2, seeks relief from LDC Scction 3.5.7.2 which requires a l()"foot lakc side slope break point elcvation, to allow lake sidc slope break point elevation to be five feet below control elevation. Engineering staff has evaluated this dcviation rcquest and recommends that it not be approved because county records show a wet/dry season watcr level fluctuation in that area of over 4 feet, and for safety's sake, the break point should be between the 4: 1 and 2: 1 slope to be at least 3 teet below control elevation. TIlat means that the break point should be over 7 feet down. The county has maintained this lO-foot standard because many areas of the County have a 6-foot fluctuation, and the lO-foot standard picks up thc worst-case condition. Lacking any compelling evidence from the petitioncr that the fluctuation on this sitc is substantially less than stated, staff recommends that this dcviation be denied finding that, in <:ompliance with LDC Section 2.7.3.1., 8 Agenda Item No. 17E July 27, 2004 !?UDZ-2003-AR-4046, SUMi.'1IT ?LACE PUD Page 12 of63 thc pctitioner ha~ not demonstrated that "the element can be waived without a detrimental effcct on the health, safety and welfare of the community." 3. 2.7.A. All platted project streets shall have a minimum 50-foot right-of-way. A deviation from LDC Section 3.2.8.4.16.5., for cul-de-sac and local streets, and LDC Appendix B, Typical Street Section. B-4 and B-5 which requires 60 feet, to allow 50 feet. (See Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan), and shall be privatc, and shall bc classificd as local streets. Deviation 3, secks relief from LDC Section 3.2.8.4.16.5, for "cui-dc-sac" and local streets, and LDC Appendix B, Typical Street Section, 8-4 and B-5 that rcquires 60 fcet. to allow 50 feet width. A 50-foot right-of-way is permitted in this RPUD to provide for nexibility in development design. subject to providing easements for requircd utilities generally parallcl to the right-of-way, This is a reasonable deviation that has been implcmentcd in subdivisions throughout the County, and docs not compromise hcalth, safety, and welfare issues related to civil engineering design. 4. 2.7.C. Tangents between reverse curves arc not required for any local street design in this RPUD. A deviation from LDC Section 3.2.8.4.16.10. Deviation 4, seeks relief from LDC Section 3.2.8.4.16.10 that requires tangents to be provided between rcversc curves on all streets. This RPUD will not rcquirc tangents between reverse curves in order to provide grcater subdivision design t1exibility. All internal roads within the RPUD will have low postcd speed limit~ and will havc a curvilinear design that has been shown to rcduce local traffic specds. Additionally, the flat terrain found on site does not warrant the need for tangents. This is a rcasonable deviation that has been applicd throughout the County. and docs not comprise a risk to public health, safety and wclfare. 5. 6.11.8. No buffer is required along the southerly property boundary of Tract R. associatcd with Tract R of the proposed Golden Gate Fire District Station 73 MPUD to thc south, and a shared buffcr will be providcd where the proposed project interfaces with Tract CF in the proposed GGFD Station 73 MPUD to the south. However. the canopy trees that would be required as part of the buffer will be provided in the front yard landscaping of the residential units in the GGFD Station 73 PUD. Deviation from Section 2.4,7.2. of the LDC rclated to a requirement to create a pcrimeter land use buffcr betwcen the developing Summit Place subdivision and the proposed GGFD Station 73 MPUD. Deviation 5, seeks relief from LDC Section 2.4.7.2 which requircs a type "A" buffer between the proposed Golden Gate Fire District Station 73 MPUD to the south and this project. to allow this project to provide trees located north of the common PUD boundary in Summit Place. with flexibility for tree spacing based upon drivcway locations. This issue is addressed in the PUD Documcnt as item 6.9.B. This project, as prcviously explained. has a rcsidential component that will function as part of the Summit Place PUD project, with frontage along the roadway within that project. This shared project design creates some unusual buffering issues. because the LOC requires buffers to separate PUD zoned projects. In this case. it is impractical to provide buffers betwccn this projcct's residential portion and Summit Place, because those buffers would separate the residential unit~ from their roadway access. The developcr and staff have discussed the buffering issues of this projeet extensivcly trying to address the unique nature of this project. First, the t1evelopcr has ab)[ced to providc the trees that would be a pan of that buffcr upon the lots thcmselvcs. Secondly. slaff and the applicant havc agrced upon the size and design of an I) Agenda Item No. 17E July 27,2004 PUDZ-2003-l'>.R-4046, SUM:.'1I~ PLACE PUD Page 130f63 enhanced buffer that will separate the community facilities and the residential factions of the Golden Gate Fire District Station 73 MPUD project, and coordinate the design of that project so that it incorporates the Summit Place connections. Staff has reviewed this deviation and rccommcnds approval finding that, in compliance with LDC Section 2.7.3.1, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." 6. 6.11.C. No tow-of-slope setback is required from the common property/tract boundary of the Residential tmct (Tract R) in the Summit Place In Naples RPUD, and the Community Facilities tract (Tract CF) in the proposed Golden Gate Fire District Station 73 MPUD. A wide, bcrmed, landscaped, land use buffer will be installed between, and unequally bridging that common boundary. Cross-section E-E, on Sheet 5 of 5 of the RPUD Plans Set illustrates this common berming. Deviation from Section 2.4.4.18. of the LDC where a 5-foot setback is required from a property line for the tow-or-slope, when the proposed berm is greater than two feet in height. Deviation 6, seeks relief from LDC Section 2.4.4.18., where a 5-foot setback is required from a property line for the toe-of-slope, when the proposed berm is greater than two feet in height. A required land use buffer will be unequally shared between the Residential Tract (Tract R) in the Summit Place Tn Naplcs RPUD, and the Community Fadlities Tract (Tract CF) in the proposed GGFD Station 73 MPUD. A wide, bcrmed, landscaped, land use buffer will be installed between, and uncqually bridging, that common boundary. Cross-section E-E, on Sheet 5 of 5 of the RPUD Plans Sct illustrates this common benning. Requiring the toe-or-slope setback would create a oem-uniform improvement that would tcnd to collect storm water and iITigation water that would eventually compromise the integrity of the landseapc plantings and the berm itself. Additionally, no toe-of-slope setback will be provided along the project frontage on Collier Boulevard. While a five-foot (5') flat area will be provided within the project adjacent to the Collier Boulevard right- of-way. that flat area will be nominally filled due to the continuation of the project's cast-sloping portion of its land use bufferlberm into the Collier Boulevard right-or-way to interface with the proposed 6-lane roadway's westerly grading. Requiring the toe-of-slope setback would create a non-uniform improvement that would tend to collect storm water and irrigation water that could compromise the future improvement~ in the Collier Boulevard right-of-way. The intent of this setback will be met through the five-foot (5') flat area provided within the project adjacent to the Collier Boulevard right-of-way. Cross-section D-D, on Sheet 5 of 5 of the RPUD Plans Set ilIustratcs this berming interface with the Collier Boulcvard right-of-way. DIFFERENCE BETWEEN TIlE PETITIONER'S PUD DOCUMENT AND THE STAFF REPORT In one instance, staff and the petitioner are not in agreement. 1. Deviation 2 should not be approvcd. NEIGHBORHOOD INFORMATION MEETING: The petitioncr held a Neighborhood Information Meeting on September 3, 2003 that was attended by two individuals along with County staff and the representatives of the owners. Of those persons that spoke. most exprcssed concerns regarding traffic generated by the 394 residential dwelling units. It 10 Agenda Item No. 17E July 27, 2004 Page 14 of 63 2UDZ-2003-AR-4046, SU~~IT PLACE PUD was explained that this project is being revicwed by TranspOltation and they would address all issues through conditions on the PUD. Additional Citizen Input: Staff has received letters from three different individuals (Exhibit "e") purchasing units in the Hibiscus Village PUD, who arc very concerned with the ncw building setback standards that arc being proposcd as part of the Summit Place PUD (copies of the letters and photographs are attached to this report). These sctback standards will allow individual properties to cxtend scrcened porches or pools into thc rear yard setback area and have zero setbacks required for side yards. The agent and property o.wner maintain it was their original intcnt to allow the proposed extensions, howevcr the Zoning Director detcnnined that the existing language in the Hibiscus PUD did not clearly state this. To resolve the issue, the developer has worked with staff to develop languagc in the Summit Placc PUD to clcarly allow the dcsi~d projections. The three property owners that are challenging the proposed change to the regulations are concerned that allowing rear yard projections will corridorize the views of abutting properties (their property) and take away their privacy, by allowing the individuals with the projcctions to look into their properties. These individuals go on to state that becausc the rcar yard projections were not allowed whcn they purchased and they were never given any indication that the projcctions were being contemplated, the County should not make these changes to the regulations. Staff has also received phone calls from a property owner who did wish to develop a pool in the rear yard, who stated that being able to build a private pool in the rear was one of their reasons for purchasing in Hibiscus Village. Based on thc fact thalthese units are fec simple ownership, it would be logical to allow thc rear setbacks consistent with othcr singlc-family products. Howcver, most single-family uses do not have zero-setback side yards on both sides, which seems to be of the greatest concern with abutting property owners in this PUD. Requiring side yards is not the solution in this instance however, because the properties arc only 26 fcct wide, any side yard requirement will constrain any dcvelopment in the rear yard to the extent that they will be unusable. ZONING AND LAND DEVELOPMENT REVIEW STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PUDZ-2003-AR-4046 to the Board of County Commissioners with a recommendation of approval except for the requested deviation number 2 a requested deviation from the requirement for a 10 foot lake side slope. II Agenda Item No. 17E July 27,2004 Page 15 of 63 !?UDZ-2003-f'l.R-4046, S~'~'L'1I-=:' ?LACE !?UD PREPARED BY: ROBIN D. MEYER, PRINCIPAL PLANNER DATE DEPARTMEl'iT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RA Y BELLOWS, CHIEF PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the July 27, 2004, Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A, BUDD, CHAIRMAN 12 Agenda Item No. 17E July 27, 2004 Page 16 of 63 2UDZ-20Q3-AR-4046, SO~YtI= PLACE PUD .o\PPLICA TION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Planner Assigned: Date Received: Commission District: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s): Waterways Joint Venture IV. by Waterways Development. Inc. Applicant's Mailing Address: 914 Grand Rapids Boulevard City: ~aples State: Florida Zip: 34120-4430 Applicant's Telephone #: (239) 352-6610 Fax #: (239) 352-1460 Applicant's E-Mail Address: radavenoort(a)te loci tv.com Name of Agent Dwigbt H. Nadeau Firm: R.W.A.. Inc. Agent's Mailing Address: 3050 North Horseshoe Drive. Suite 270 City: Naples State: Florida Zip: 34104 Agent's Telephone #: (239) 649-1509 Fax #: (239) 649-7056 Agent's E-Mail Address: dlm(@.consult-rwacom COLLIER COUNTY COMMUNITY DE'\lELOP~NT PL~'fflL~G SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (239) .t03-2400/FA.X (239) 643-696SAgenda ~~~ 2~~266~ Page 17 of 63 EXh\bltb Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) RW A Note: TBN = To Be Noticed Name of Homeowner Association: Propertv Owner's Association ofN. Collier County (TBN) Mailing Address 141 West Avenue City Naoles State FL Zip 34108 Name of Homeowner Association: Indigo Lakes Mailing Address 14875 Indigo Lakes Circle City Naples State FL Zip 34119 Name of Master Association: Mailing Address City State _ Zip Name of Civic Association: Ma.iling Address City State _ Zip 1. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, ter.mlcy in common. or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name :md Address Richard Yurewitch 14775 Collier Blvd. Na?les. FL 34119-9592 Percentage of Ownership Folio: 00204640004 100% Richard Yurewitch 14775 Collier Blvd. Naples. FL 34119-9592 Folio: 00204600002 100% Richard Yurewitch 14775 Collier Blvd. Na?les. FL 34119-9592 Folio: 00203640005 100% Richard R. Yurewitch. Sr. 144775 Collier Blvd. Naples. FL 34119-9592 Folio: 00203640102 100% Waterwavs Joint Venture IV 914 Grand Raoids Blvd.. Naples. FL 34120 Waterwavs Joint Venture IV 91~ Grand Rapids Blvd.. Naples. FL 34120 Folio: 00204080004 100% j\'8cnda Item No. 17E Folio: 0 20424~7, 2004 100% Page 18 of 63 Waterwavs Joint Venture IV 914 Grand Rapids Blvd.. Naples. FL 34120 Folio: 00204320007 100% b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and. Address, and Office Percentage of Stock Waterwavs Joint Venture IV is a iomt venture between the following: Bribro Ventures. Inc. 25% Brian Seli \7m:lTJ - President 914 Grand Rapids Blvd. Naples. FL 33120 DESN. Inc. 25% Robert B. Miller - President 3350 Bridal Path Lane. Weston. FL 33331 Waterwavs at Hibiscus. Ltd. 50% Richard DaveIltlort - President ofWaterwavs Develooment. Inc.(General Partner in Waterwavs at Hibiscus. Ltd. - 11860 West State Road 84. Suite B-15. Davie. FL 33325 c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name ofa GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Waterways Joint Venture IV 914 Grand Rapids Boulevard Naples. Florida 34120-4430 Percentage of Ownership 100% Richard Yurewitch : Folio: 00204640004 Date of Contract: Richard Yurewitch : Folio: 00204600002 Date of Contract: Richard Yurewitch : Folio: 00203640005 Date of Contract: Richard R.Yurewitch. Sr.: Folio: 00203640102 Date of Contract: 6/1112002 6/11/2002 6/1112002 6/11/2002 Agenda Item No. 17E f. If any contingency clause or contract terms involve additionail~~es,2~ all individuals or officers, if a corporation, parmership, or trust. Page 19 of 63 Name and Address g. Date subject property acquired ( ) _leased ( ):_Term oflease ----..YI'S./mos. Waterwavs Joint Venture IV Folio: 00204080004 acquired (x) 3/2003 Waterwavs Joint Venture IV Folio: 00204240006 acquired (x) 11/2001 Waterways Joint Venture IV Folio: 00204320007 acquired (x) 11/2001 If: Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing. it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. . 3. Detailed le2al descriotion of the orooertv covered bv the aoolication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, ma.ximwn 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed. survey may be required. Section: .34 Township: 48 South Range: 26 East Lot: Block: Subdivision: Plat Book Page #: Property 1.D.#: 00204640004 00204600002 00203640005 00203640102 00204080004 00204240006 00204320007 Metes & Bounds Description: COMl\1ENCING AT THE EAST Yo. CORNER OF SECTION 34. TOWNSHlP 48 SOUTH. RANGE 26 EAST OF COLLIER COUNTY. FLORIDA; THENCE ALONG THE EAST LINE OF THE NORTHEAST Yo. OF SAID SECTION 34 A.J.1o.ffi ALSO BEING THE EAST RlGHT-OF-WA Y LThIE OF COLLIER BOULEVARD (FORMERlY COli"NlY ROAD 951), NORTH 02015'04" WEST 669.24 FEET: THENCE LEAVING THE SAID EAST LINE ~ORTH 89052'4'"'" TO A PO~T L Y"ING ON THE WEST RlGHT-OF-WA Y L~'"E 0 SAID 4 BOlJLE'l.-\RD. AJ."ill THE POINT OF BEGINNI~G OF THE PARCE:e~f 63 DESCRIBED: THENCE LEA VlNG THE SAID VfEST RIGHT-OF-WAY LINE. NORTH 89052'43" WEST 2544.16 FEET: . THENCE ALONG THE SAID WEST IJNE. NORTH 02015'24" WEST 2006.94 FEET. TO THE NORTHWEST COR...NER OF THE SAID NORTHEAST 1f.: THENCE ALONG THE SAID NOR1H LlNE OF TEE NORTHEAST 1/4. SOUTH 89055'19" EAST 1322.18 FEET: THENCE LEAVING SAID NORTH LINE OF THE NORTHEAST v... SOUTH 02015'14" EAST 669.31 FEET: THENCE SOUTH 89054'27" EAST 1222.07 FEET. TO A POINT L YlNG ON THE VlEST RIGHT -OF - WAY LINE OF SAID COLLIER BOULEVARD: THENCE ALONG SAID WEST RIGHT -OF-WAY LlNE. soum 02015'04" EAST 1339.23 FEET. TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 98.41 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AATI RESTRICTIONS OF RECORD. 4. Size of propertY: 1.672 ft. X 2.563 ft. = Total Sq. Ft. 4.287.175 Acres 98.42 5. Address/2eneraJ location of subiect proDertv: Generallv. 14625 Collier Boulevard. The proposed prolect site is generally located on the west side of Collier Boulevard (CR. 951). approximatelY 1/4 mile north of Wolfe Road. in Section 34. Township 48 South. Range 26 East. Collier County. Florida. 6. PUD District (LDC 2.2.20.4): l2?J Residential 0 Community Facilities o Commercial 0 Industrial 7. Adjacent zonin2 and land use: Zoning Land use N A. and PuTI Wholesale nurserY. and Brittanv Bav Apartments S A. and Church All undeveloped lands E A. and PUD Undeveloped lands. and Vanderbilt Country Club PUD W A. Agricultural All undeveloped lands Does the owner of the subj ect property own property contiguous to the subj ect property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). YES Lot: Block: Subdivision: Rang~aenlltat lftpm, No. 17E July 27, 2004 Page 21 of 63 Section: 34 Township: 48 South Plat Book_ Page #: Property LD. #: Metes & Bounds Description: The North 1/2 oithe South 1/2 of the Northeast 1/4 less the RJW as recorded on O.R. Book 873. PG. 1957. 8. Rezone Request: This application is requesting a rezone from the PUD. and A. A~culture zoning district(s) to the RPUD zoning district(s). Present Use of the Property: Undevelooed lands Proposed Use (or range of uses) of the property: A residential subdivision Original PUD Name: Hibiscus Village PUD Ordinance No.: 2000-76 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Re:.one Considerations (IDe Section 2.7.3.2.5) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The proposed RPUD's consistency with the locational criteria set forth on the Future Land Use Map and supporting Future Land Use Element (FLUE), of the Growth Management Plan (GMP), and consistency with the applicable Elements related to access, drainage, water, sewer, and other utilities, combined with the development conditions and commitments contained in the proposed RPUD document, gives reasonable assurance that all infrastructure will be developed consistent with County regulations. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The documents submitted with this Petition Application provide evidence of unified control Further, the proposed RPUD document makes appropriate provisions for continuing operation and maintenance of c~~wp-J1,t{~ No. 17E July 27,2004 J Conformiry of the proposed PUD wzth the goals, objectives and policil?agEr~~~ management plan. Please refer to the Statement of Compliance located in the Summit Place ofNa les RPUD Document. p 4. The i~t~rnal and ext~rnai ~ompatibility of proposed uses, which conditions may include restnc~ons on ~oca.tzon of Improvements, restrictions on design, and buffering and screenzng requzrements. The RPUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. Additionally, most external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this proposed project meets or exceeds the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The timing and sequence of the permitting the proposed development coincides with the programming of the County's proposed capital improvements to meet concurrency requirements. Adequate improvements, utilities and other facilities can be provided. 7. The ability of the subject property and of surrounding areas to accommodate expansion. . Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal syste~ potable water supplies, characteristics of the property relative to hazards, and capacity of roads is supportive of conditions emanating from urban development. Relative to this Petition, development of the subject property is timely, because supporting infrastructure are available, or will be in place by the time permitting of the proposed improvements is complete. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The development standards in the proposed RPUD document are similar to those standards used for the residential structures and related improvements when compared to County regulations. 10. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. YO~gxE!WdmrW~8~ttrEilie civic or property owners association in the area for which this use is b. ~u2~~ in order to ascertain whether or not the request is affected by existing deed r~.m3sof 63 11. Pre~ous land use peti~ons on the subiect oropertv: To your knowledge, has a public heanng been held on this property within the last year? If so, what was the nature of that hearing? Yes. the Hibiscus Village Minor PUD Amendment fPUDZ-2002-AR-2559 was approved bv the Board of County Commissioners on October 8. 2002. 12. Additi.onal Submittal reQuirements: In addition to this completed application, the followmg shall be submitted in order for your application to be deemed. sufficient, unless otherwise waived during the pre-application meeting. a) A copy of the pre-application meeting notes; b) If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUT if affordable housing, Joyce Ernst, if residential and ImmokaleeIWater Sewer District, if in Immokalee) of a 24" x 36" concepttIal site plan [and one reduced gy;:' x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested. upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPe]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), . all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], . required yards, open space and preserve areas, . proposed locations for utilities (as well as location of existing utility services to the site), . proposed and/or existing landscaping and buffering as may be required by the County, c) An architectural rendering of any proposed structures. d) An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. e) Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant andlor wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f) Statement of utility provisions (with all required attachments and SlgSht.)ttem No. 17E July 27, 2004 g) A Traffic Impact Statement (TIS), unless waived at the pre-application m~fll1g;24 of 63 h) A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); i) Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. j) An electronic version of the PUD on a disk as part of this submittal package. k) Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (5) after fmal action is taken by the Board of County Commissioners. Based on the Board's fmal action on this item, please remove all public hearing advertising sign (s) immediately. Agenda Item No. 17E July 27,2004 Page 25 of 63 PUD REZONE APPLICATION SUBl\1ITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMlTfED WITH APPLICATION PACKET! REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed ApplicationJPUD documents 24* 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* 4. Pre-application notes/minutes 24* 5. Conceptual Site Plans 24* 6. Environmental Impact Statement - (EIS) 4 7. Aerial Photograph - (with habitat areas identified) 5* 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 10. Historical & Archaeological Surveyor Waiver 4 Application 11. Copies of State andlor Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Pre-Application Fee, Application Fee and Data - Conversion Fee Check shall be made payable to Collier County Board of Commissioners 14. An electronic version of the PUD on a disk as part of the submittal packet. 15. PUBLIC PARTICIPATION MEETING: APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations and property owner associations were notified.. Copy of audio/video recording of public meeting. Written account of meetin2. 16. Affordable Housing Density Bonus Agreement 4 including all Appendices and Exhibits. 17. Boundary Survey (no more than 6 months old) 5 18. OTHER REQUIREMENTS: * Documents required for Long-Range Plaxming Review *1 a.dditional copy ufor affordable housing As the authorized agent/applicant for this petition, I attest that all of the infoIlDlltion indicated on this checklist is included in this submittal packa Wtand that failure to include a.ll necessary submittal infoIlDlltion may result in the delay of processing /' petiti ~~&:; . . LJ I&-.fj(enda Item No. 17E ~ __ I/(f[):> July27,2004 ~_. g~nt1Applicant Signature I Date Page 26 of 63 ----- I !'- PRESERVE [nil\ \ PROPOSED CONDITIONS (98.42 Acres) If) O'l a:: u ......., I~ o a:: <{ > W ......J :::> o (lJ a:: w ::i ......J o U EXISTING CONDITIONS (57.82 Acres) .- If) O'l a:: u ......., PRESERVE o a:: <{ > W.' ...J :::> o lD a:: w ::i ...J o U ~ Z~. 2002 - :aJ':!2 ~\1OO1 .of'OJ'lCta\0J-0Cl50.0r ........w .....qw Pfteu '. l~\OOCJ "~\1~a2 \IbM, 1ItIo8.... nWTA~C ~~ CON Sl.;""L TlN G Surveyors & ~pc:n, ........ y Y..L. .... Plannm, ProJect ~ I:> 2002 CliENT: WATERWAYS JOINT VENTURE IV :"oU.S. P.U.Q. ~_uw", 3'Y- !IS. TITL:: SUMMIT PLA ul, CONOITION~a@~r:ffi~ 02-0050.011 ~=~'8<:,<, 1 JF 1 i :::~?~:;, 20050XOl ,050 Nor1l\ Hcneslloe Drive. SYllll 270 ~1Illies. FlondI. 34104 Phone: 12.39\ 649-1509 FAX: iZl9) 64!P0S6 ::-.:CiCEC 3":'- D.H.N, S~::. -w9' =Ice: p~c..:~c: !'- ~8S 15~1~\...'~,.(8E~. ORDINANCE NO. 04 -_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AME~DING ORDINANCE NUMBER 91- 102 THE COLLIER COUNTY LAND DEVELOPMENT CODE. OR ITS SUCCESOR. WHICH INCLUDES THE COMPREHENSIVE ZOi'.1NG REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8634N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICUL l1JRAL AND "PUD" PLANNED UNIT DEVELOPMENT Z01\'1NG DISTRICT TO A "PUD" PLANNED UNIT DEVELOPMENT !oG'lOWN AS SUMMIT PLACE IN NAPLES PUD CONSISTING OF 98.47:t: ACRK".i AND A MAXIMUM OF 394 DWELLING UNITS. THE SUMMIT PLACE PUD IS LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (C.R. 95Il APPROXIMATELY 114 MILE NORTH OF WOLFE ROAD IN SEcnON 34, TOWNSHIP 48 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2(XlO.. 76. THE FORMER HIBISCUS VILLAGE OF NAPLES PlID; AND BY PROVIDING AN EfFECTIVE DATE. WHEREAS. Dwight H_ Nadeau, of RW A. Inc_. repre~nting Waterways Joint Venture IV, petitioned the 801m! of County Commissioners to change the zoning dass111calion of the herein dcs(.Tibed real property. NOW, THEREFORE. BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida. that: SEerION ONE: The wning c1assitkation of the herein descrihcdrcal property located in Section 34. Township 48 South. Range 26 East, Collier County, Florida, is ..~hanged from "A" Rurdl Agricultural and "PUD" to "PUD" Planned Unit Development in alxordance with the Summil Place in Naples PUD Document. attached hereto a~ Exhibit" A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8634N as described in Ordinance Number 91- 102. the Co] licr County Land Development Code. or ils successor, is hereby amended accordingly, SECTION TWO; Ordimlm:e 2000.76. known as the Hibiscus VHlllge PUD. adoplt~ on November 28. 2000. by the Board of County Commissioners of Collier Coumy, is hereby repealed in its entirely. SECDQNuTI::lREE: This Ordinance shall become effective upon tiling with the Department of State. .'\ R ,2(Xl3-4046 Agenda Item No. 17E July 27,2004 Page 28 of 63 PASSED AND DULY ADOPTED by the Board of Counly Commissioners of Collier County. Florida, this _ thly of .2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A TrEST: BY: DONNA FiALA, CHAIRMAN DWIGHT E. BROCK, CLERK Approved a$ lo Form and Legal SuHiciency Matjoril~ M. Sludent Assistant County Attorney PUD- 2003-AR -4046fRM ,\ R .2(X)3-4041l "l .;. Agenda Item No. 17E July 27, 2004 Page 29 of 63 SUMMIT PLACE IN NAPLES RPUD A PLANNEDUNITDEVELop~mNT REGULA nONS AND SUPPORTING MASTER PLAN GOVERNING SUMMIT PLACE IN NAPLES RPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: W A TERW A YS JOINT VENTURE IV 14627 COLLIER BOULEVARD, NAPLES, FLORIDA 34120 PREPARED BY: nWT^~C CONSULTING ........ Y y..L. ..L 3050 NORTH HORSESHOE DRIVE SUI TE 270 NAPLES,FLORIDA 34104 And GOODLETIE COLEMAN & JOHNSON, P,A. 400 1 T AMIAMI TRAIL NORTH SUITE 300 NAPLES, FLORIDA, 34103 DATE REVIEWED BY CCPC DATE APPROVED BY Bee ORDINANCE NUMBER AMENDMENTS AND REPEAL .'EXHIBIT A" Agenda Item No. 17E July 27, 2004 Page 30 of 63 C;\AdJ jb cXpres~\ Work\radSAF99.unp.doc TABLE OF CONTENTS List of Exhibits and Tables 1 Statement of Compliance 11 Section I Property Ownership and Description 1-1 Section II Project Development Requirements II-I Section IIJ Residential Development Standards IIJ-I Section IV Preserve Area IV-I Section V Development Commitments V-I Appendix <<A" Typical Cross Sections A-I Agenda Item No. 17E July 27,2004 Page 31 of 63 C:\Adl -ib eXpress' Work\radSAF99.unp,ut1(; LIST OF EXHIBITS. TABLES. AND APPENDIX EXHIBIT "A" RPUD MASTER PLAN TABLE! PROJECT LAND USE TRACTS TABLE II RESIDENTIAL DEVELOPMENT STANDARDS APPENDIX "An TYPICAL CROSS SECTIONS Agenda Item No. 17E July 27,2004 Page 32 of 63 C:\AJI.ib eXpres~\ W ork\rnd5AF99 .ulIp.doc STATEMENT OF COMPLIANCE The development of appwximately 98.4 a(TCS of property in Collier County, Florida as a Planned Unit Development to be known as Summit Place In Naples RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of the Summit Place In Naples RPUD are consistent with the growth policics, land development rcgulations, and applicable comprehensive planning objectives of cach of thc clements of the Growth Managcment Plan for the following reasons. 1. The subject propcrty for developmcnt is within the Urban Mixed Use OistrictlUrban Residcntial Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Usc Element (FLUE), and thc uses contemplated arc consistent therewith. 2. The projcct is proposed to be a residential development locatcd within the Urban-Mixcd Use District. as identified on the Future Land Use Map from the FLUE, of the Collier County Growth Management Plan. The Density Rating System of the FLUE provides for a base density of four (4) dwelling units per gross acre. The proposed density of the Summit Place In Naples RPUD is 4.0 units per gross acre, which is what is provided for by the FLUE Density Rating System, and is therefofC consistent with the FLUE, Policy 5.1. of the Collier County Growth Management Plan. 3. TIle development standards contained in this Document, combined with the requiremenL~ of the Land Development Code will insure that the proposcd development will be compatible with and complementary to existing and planned surrounding land uses as required by Policy 5.4 of the FLUE. 4. The development commitments and standards contained in this Document, as well as the requircments of the Land Development Code will assure compliance with Policy 3.1 of the FLUE. 5. The Summit Place In Naples RPUD is consistcnt with and furthers Policy 5.5 of the FLUE in that it is using existing land zoned (designated) for urban uses. 6. The Summit Plaee In Naples RPUD implements Policy 5.6 of the FLUE in that mofC than 60% of the project will be open space or reserved for conservation purposes. 7. The Master Development Plan, with its extensive natural area, lakes and open space areas, and with its modcr.lte residential density, will insure that the developed project will be an altractive and enjoyable residential development. 8. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. 11 Agenda Item No. 17E July 27, 2004 Page 33 of 63 C:\r\dLib eXpreSi\ Work\radSAF99.unp.ilix: SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth thc location and ownership of the property, and to describe the existing conditions of the property proposed to be developed undcr the project name of the Summit Place In Naples RPUD. 1.2 LEGAL DESCRIPTION COMMENCING AT THE EAST ~ CORNER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF THE NORTHEAST 1,4 OF SAID SECTION 34 AND ALSO BEING THE EAST RIGHT-OF-WAY LINE OF COLLlER BOULEVARD (FORMERLY COUNTY ROAD 951), NORTH 02015'04" WEST 669.24 FEET; THENCE LEAVING THE SAID EAST LINE, NORTH 89052'43" WEST 100.09 FEET, TO A POINT LYING ON THE WEST RIGHT-OF-WAY LINE OF SAID COLLIER BOULEV ARD. AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE LEAVING THE SAID WEST RIGHT-OF-WAY LINE, NORTH 89052'43" WEST 2544.16 FEET; THENCE ALONG THE SAID WEST LINE. NORTH 02015'24" WEST 2006.94 FEET, TO THE NORTHWEST CORNER OF THE SAID NORTHEAST 14; THENCE ALONG THE SAID NORTH LINE OF THE NORTHEAST 1/4, SOUTH 8<)055'19" EAST 1322.18 FEET; THENCE LEAVING SAID NORTH LINE OF THE NORTHEAST ~, SOUTH 02015' 14" EAST 669.31 FEET; THENCE SOUTH 89054'27" EAST 1222.07 FEET. TO A POINT LYING ON THE WEST RIGHT-OF- WAY LINE OF SAID COLLIER BOULEVARD; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH ()2015'04" EAST 1339.23 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 98.41 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1-1 Agenda Item No. 17E July 27,2004 Page 34 of 63 C:\AdJ.,ib eXpres~\W(lrk\rnd5AF99.tmp.d()<.: 1.3 PROPERTY OWNERSHIP Thc subject propcrty is owned by: Waterways Joint Venture IV Waterways Joint Venture IV Waterways Joint Venture IV Waterways Joint Venture IV Waterways Joint Venture IV Waterways Joint Venture IV Waterways Joint Venture IV (Folio No. 0(204640004); (Folio No. 00204600002); (Folio No. 00203640(05); (Folio No. 00203640102); (Folio No. (0204080004); (Folio No. (0204240006); and (Folio No. 00204320007). 1.4 DEVELOPER The Summit Place In Naples RPUD is intended to be developed by Waterways Joint Venture IV. All references to the "Developcr" as may be contained in this RPUD Document shall mean Waterways Joint Vcnture IV, unless, and until the subject property described and depicted in this RPUD Document is conveyed, or assigncd. It is thc responsibility of Watcrways Joint Vcnture IV to notify Collicr County, in writing, of thc land conveyance, or assignment of the subject property des<..-nbcd and depictcd in this RPUD Document within six months from the actual conveyance, or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in the east half of Section 34, Township 48 South, Range 26 East. The proposed project site is presently undeveloped, but has been disturbed on portions of the property by clearing and oft"-road vehicle use. Historically timbering and cattle !,tta7ing have occurred on the property. The property's jurisdictional wetlands have been infested with the exotic species Melalcuca. The property is generally without topographic relief, with elevations ranging from 9.02 feet to 13.7 teet above mean sea leveL The site contains arcas of jurisdictional wetlands that arc charactcrized as transitional wetlands in which the prcdominant vegetation is a mix of pine and cypress and associated upland and wetland plants, with an mixture of Melaleuca. The water managcment system consists of approximately 15.74 acres of watcr management areas that will receive run-off from structures and parking areas. Run-off is collected by catch basins and culvert systems for conveyance to the project's intemallake system. The lakes arc interconnected by culverts and/or the preserve areas, with project outfall being at the project's southwest comer. Discharge will be into the wetland preserve in the southwest comer of the project site. Flow will continue overland to eventually be collected into the Islandwalk Water Management System, with ultimate discharge into the 1-75 Canal in accordance with Collier County Ordinance No. 90-10, as amended. which incorporates the Harvey Basin Study. 1-2 Agenda Item No. 17E July 27,2004 Page 35 of 63 C:\Adl.ib eXpres~\ Work\rad5..\F99unp.dn,; 1.6 PROJECT DESCRIPTION The Summit Place In Naples RPUD shall be a residential development conslstmg of attached single-family housing in a townhouse configured, multi-unit building. Each unit is intended to be sold fee simple, including the platted lot upon which the residential unit is located. The amenities proposed to be provided in the project include structures and areas to provide sodal and recreational space, lakes, natural and landscaped open spaces, and a variety of passive and active re(.,Tcational opportunities. It is anticipated that the project will have a single clubhouse tract, that will be developed with the actual clubhouse, and outdoor recreational improvements including swimming pools, tennis courts, a playground, and potentially a basketball court and volley ball court. Access to the property will be from Collier Boulevard (C.R. 951). That segment of Collier Boulevard between Golden Gate Boulevard and Immokalee Road is planned to be improved with a six-lanc divided roadway, programmed to commence construction in 2005 (Capital Road Project #65061 ). Each residential unit will be served with centrally provided potable water, sanitary sewer, e1cctric power, and telephone facilities. Additional services will be provided as decmcd appropriate. Summit Place is also providing access, potable water, sanitary sewer, electric power, and telephone to sixteen single-family housing units in a townhouse configuration in the GGFD Station 73 Mixed Use Planned Unit Development, abutting to the south. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Summll Place In Naples Residential Planned Unit Development Ordinance". 1-3 Agenda Item No. 17E July 27,2004 Page 36 of 63 C:\Adlib cXpr<:s,\ Wnrk\rndSAF99tmp.do(; SECTION IT PROJECT DEVEWPMENT REQUIREMENTS 2.1 PURPOSE Thc purpose of this Scction is to dclineate and gcncrally describe thc projcct plan of development, relationships to applicable County ordinances, the respective land uses of !.he Summit Place In Naples RPUD devclopment, as well as other project relationships. 2.2 GENERAL A. Rcgulations for development of the Summit Place In Naples RPUD shall bc in accordance with thc contents of this Document, the RPUD.Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit application. Where these RPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. This RPUD Document and attendant RPUD Master Plan is generally tailored to provide specific development standards for the residential product proposed by the developer. C. Unless othelWise noted, thc definitions of all terms shall bc the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. D. All conditions imposed and aU graphic material prcscntcd depicting restrictions for thc development of the Summit Place In Naples projcct shall become part of the regulations that govern the manncr in which the RPU 0 sitc may be developed. E. Unless modified, waived or exemptcd through thc approval of a deviation stated herein, the provisions of the Land Development Codc, rcmain in full force and effect with respect to the development of the land that comprises this RPUD zoning di strict. F. Devclopment permitted by the approval of this pctition will be subject to a concurrency review under thc provisions of Division 3.15, Adcquate Public Facilities, of the County Land Devclopment Codc. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets, sidewalks, pedestrian trails and use of land is illustrated graphically by Exhibit "A", RPUD Mastcr Plan. II-I Agenda Item No. 17E July 27,2004 Page 37 of 63 C:\AJlib eXpre,,\ Wmk\rnd5AF<J9tmp.doc TABLE I PROJECT LAND USE TRACTS TRACT "RA" TYPE RESIDENTIAL RECREA TION AREA TRACf "P" PRESERVE UNITSIFf. 394 o o ACREAGE:!: 69.2 2.3 26.9 TRACT "R" B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or. upon approval. parts thereof may be constructed as shallow. intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to aU tracts, lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of Subsections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collicr County Land Development Code, or as otherwise permitted by this RPUD Document. C. In addition to the vatious areas and specific items shown on Exhibit "A", such casements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY A maximum of 394 residential dwelling units may be constructed in the total project area. The gross project area is approximately 98.4 acres. The gross project density, therefore, will be a maximum of 4.0 dwelling units per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to development order issuance for all or part of the RPUD, final plans of all required improvements shall receivc approval of the appropriate Collier County govel11mental agency to insure compliance with the RPUD Master Plan and the Co ilier County Land Development Code. B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD Development Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts. or parcels of land as provided in said Division prior to the issuance of a building permit Of other development order, except in the case in which individual residential units within a multi-unit building will be conveyed in a fee simple manner, including each individual 101. Deviation from Division 3.3 of the Land Development Code II-2 Agenda Item No. 17E July 27,2004 Page 38 of 63 C;\Adljb eXpres~\ W ork\rad5AI '99 .unp.doc D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. Additionally, the developer (being the owner and developer of 4 acres to the south), his successors, or assigns will be responsible for the perpetual maintenance of the infrastructural improvements and common facilities associated with the residential component of the GGFD Station 73 MPUD to the south. E. Prior to the development of single-family attached units following the development standards set forth in Table II of this Document, in which each unit is on a separate platted lot, the dcveloper shall submit additional pages in the [mprovcment Plans required by Section 3.2.8. of the Land Development Code, to show typical lots, and typical footprints of the proposed attached single-family rcsidences, including any anticipated acccssory structures to the Planning Services Department. The purpose of thcse additional sheets is to depict the unit/building relationship with project boundaries and lot lines, provision for achieving the minimum space between attached singlc-family buildings, and to ensure that no one lot is adversely impacted by failing to provide the required side-yard in a uniform manner. ft must be understood that no side-yards are required between units, where multiple units, intended for fee simple conveyance, including each individual lot, arc contained in a singlc principal structure. 2.6 LAKE SETBACK Al'lD EXCA V A TIONS A. Lake sctbacks shall conform with the requircments described in Subsections 3.5.7.1.1., and 3.5.7.1.2. of the Land Development Code. Lakes may be excavated to the maximum commercial excavation depths set forth in Subsection 35.7.3.1. of the Land Development Code. Removal of fill from thc Summit Place In Naples RPUD shall be limited to an amount up to tcn percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. 2.7 RIGIITS-OF-WAY A.. All platted project streets shall have a minimum 50-foot right-of-way. A deviation from LDC Section 3.2.8.4.16.5., for cuI-de-sac and local streets, and LDC Appendix B, Typical Street Scction, B-4 and B-5 which requircs 60 fect, to allow 50 feet. (See Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan), and shall be private, and shall be classified as local streets. II-3 B. Utilization of lands within all project rights-of-way for landscaping, decorative cntranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Devclop~e6rffil9I&fW~.l'9~al July 27, 2004 Page 39 of 63 C:\:\<ll jb cXpres<\ Work\rn,l1:\1'99.unp.doc Services Administrator, or his designee, for engineering and safety considerations prior to installation. C. Tangents between reverse curves are not required for any local strect design in this RPUD. A deviation from LDC Section 3.2.8.4.16.10. 2.8 AMENDl\-IENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changcs <l.nd amendmcnts may be made to this RPUD Ordinance or RPUD Master Development Plan, Exhibit "A", as provided for in Subsection 2.7.3.5. of the Collier County Land Development Code, except as limited by PUD Document Section Summit Place in Naples RPUD. 2.9 DEDICATION AND MAL"ITENANCE OF COMJ.'\10N AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, and utilities. All necessary casements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect of nnal plat approval. Whenever the developer elects to create land areas and/or re(..Tealion amc01tlcs whose ownership and maintenance responsibility is a common interest to all of the subsequcllt purchasers of residential units or real property within the Summit Place In Naples RPUD, the developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association, or Master Condominium Association, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Subsection 2.2.20.3.8. of the Collier County Land Development Code. 2.10 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES A. Models. sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms. gazebos, parking areas, and signs, shall be permitted principal uses throughout the Summit Place In Naples RPUD subject to the requirements of Division 2.3, Division 2.4, Division 2.5, and Subsection 2.6.33.4. of the Collier County Land Development Code. II-4 B. Temporary use pennits ror sales centers, construction oft1ces, and model homes may be approved subsequent to zoning approval, and may ~g~aW'hem, ~~~t structures on a temporary basis. Temporary use pClmit i.lpplicat1(~y ~.~ty.zre Page 40 of 63 C:\Adl jb cXpres<\ W,'o..\ra,l'iAF99.11np.J(l(; applicable, associated site development plan (SOP) application(s) for residential models, and construction offices. may be submitted concurrently with applications for Improvemcnt Plans to depict the location of the model units within a future platted lot. All model units must be located on lots that will be platted through subsequent development order approvals. C. Tcmporary uses for sales ccnters may be serviced by temporary well and septic systems. D. A portion of thc clubhouse facilities may be used as a temporary sales facility to be utilized to market rcsidential products, including re-sale of residences within the boundarics of this Summit Place In Naples RPUD. . 2.11 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. SOP application(s) for the clubhouse and related facilities may be submittcd concurrently with applications for Improvemcnt Plans to depict the location of the clubhouse and relatcd facilities within a future platted tract. If access, drainage and utilities arc available to scrvice thc clubhouse facilities, the SDP may be approved before Improvcmcnt Plans for the subdivision arc approved. The clubhouse and related facilitics shall bc located on a tract that will be plattcd through subscquent development order approvals. 2.12 FILL STORAGE Notwithstanding the provlSlons of Subsection 3.2.8.3.6. of the Collier County Land Dcvelopmcnt Code, fill storage is generally permitted as a temporary principal use throughout the Summit Place In Naples RPUO. Fill matcrial gcneratcd may be stockpiled within arcas designated for residential devclopment. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum sidc slope: 3: 1 B. Stockpile maximum height: thirty-five (35) feet C. FilI storage areas shall be screened with a security fence at least six (6) feet in height above !,'Tound level. If fill is spread to a hcight less than fIve feet ovcr residential dcvelopment areas that arc depicted on an approved SOP, or approved subdivision Improvemcnt Plans, no fencing is required. II-5 D. Soil crosion control shall be provided in accordance with Division 3.7 of the Land Development Codc. Agenda Item No. 17E July 27, 2004 Page 41 of 63 C:\Adl.ib eXpres,\ Work\radSAF99.unp.doc E. Fill storage shall not be permitted in Prescrve Areas. F. Fill may be stored on site for the maximum length of time of twenty-four (24) months. This period may be extendcd by thc written permission of the Planning Services Director. 2.13 REQUIRED ENVIRONMENTAL PERMITTING Where the dcvelopment of land within tbe Summit Placc In Naples RPUD requires a permit from a local, Slate, or Federal agency with jurisdiction over the property proposed for development, the devcloper shall obtain such permits prior to final development order approval. 2.14 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Potiey 6.4.6 of thc Conservation and Coastal Managemcnt Element of the Collier County Growth Managcment Plan, and Subsection 3.9.5.5.3 of the Collier County Land Devclopment Codc; a minimum of 24.4 acres (25% of the native vcgetation on site) is requircd to be retaincd or rcplanted. Tract "P". contains approximately 27 acres. For the purposes of this RPUD, the Prescrve Tract will fully satisfy the native vegetation requirements of Collier County. Viable, naturally functioning native vegetation areas do not include those areas of vegetation that have seventy-five perccnt (75%), or greater aerial covemge of exotic species. Refer to Appendix "A", Typical Cross Sections, for dctailsrelatcd to separation of structures from native vegetation prescrve arcas. 2.15 RPUD INTERFACE WITH ZONING TO THE SOUTH The Summit Place In Naples RPUD is bounded on the south by a 9.4 acre property that is intended to be rezoned to Golden Gate Fire Department Station 73 MPUD, to provide for a community facility (Golden Gate Fire Control and Rescue District Station 73), as well as the final 16 dwelling units in the attachcd single-family townhouse product line being developed in the Summit Place In Naples dcvelopment. The Summit Place In Naples RPUD will provide thc infrastructure, including access. to the rcsidential buildings proposed to be locatcd in the GGFD Station 73 MPUO. Perimetcr buffering that would typically be required betwcen different zoning districts will not be provided at thc southcrn boundary of Summit Place In Naples RPUD, and the residential portion of the GGFD Station 73 MPUO. Section 6.11. B of this RPUD Document provides for the necessary deviation to allow this development intent. Should the residential component of the GGFD PUD not be developed, it is acknowledged that the required pcrimeter buffering will be provided on the Summit Place RPUD property. The Amended and Restated Real Estate Exchange Agreement between Waterways Joint Venture IV and the Golden Gate Fire Control and Reseue Oistrict articulates thc development commitments for the construction and perpetual maintenanee of common facilities between the two adjacent developments. II.6 2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT ~Ka Item No. 17E July 27, 2004 Page 42 of 63 C:\AdLib eXpres,\ W nrk\rad5:\F99 .11npd,)(; Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the RPUD Ordinance and attendant RPUD Master Plan, the provisions of the RPUO Document become a part of the Land Development Code and shall be the standards of developmcnt for thc RPUD. Thenceforth, development in the area delineated as the Summit Place In Naples RPUD District on the Official Zoning Atlas shall be govcrned by the adopted development regulations set forth in this RPUO Documcnt, and RPUD Master Plan. II-7 SECTION ill Agenda Item No. 17E July 27, 2004 Page 43 of 63 C:\AJ1.ib eXpn-, ,\ Workl!d,l'iAF99 .tmp.doc RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the RPUD Master Plan, Exhibit "A". 3.2 MAXIMUM DWELLING UNITS The maximum number of residcntial dwelling units allowed within the RPUD shall be established at the time of development plan review, but shall not exceed 394 dwelling units. 3.3 USES PERMITTED No building Of structure, Of part thereof, shall be erected, altered or used, Of land used, in whole or in part, for other than the following: A. Principal Uses: 1) Single-family attached dwellings, including townhouses intended for fee simple conveyance including the platted lot associated with the residence. 2) Model Homes (See Section 2.10 of this RPUD Document). 3) Project sales and administrative offices, which may occur in rcsidential or recreational buildings, and/or in temporary buildings (See Section 2.10 of this RPUD Document). B. Accessory Uses: 1) Customary accessory uses and structures including, but not limited to, clubhouses, private garages, tennis facilities, and swimming pools with, or without screcned enclosurcs, and othcr outdoor recreation facilities. 2) Utility facilities and/or eascments (including right-of-way easements). 3) Signage (see Section 6.10 of this Document). 4) Water management facilitiesllakcs. 5) Storage areas, for the exclusive use of the residents of the RPUD. Ill-I 3.4 DEVELOPMENT STANDARDS Agenda Item No. 17E July 27,2004 Page 44 of 63 C:\AJI.ib eXpre~~\ Work\rn(l'iAF99.lmp doc A. GENERAL; Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures, as applicable. Condominium, andlor homeowners' association boundaries shall not be utilized for detcrmining devclopmcnt standards. B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collicr County Land Development Code in effect at the time of building permit application. IIl-2 TABLE II Agenda Item No. 17E RESIDENTIAL DEVELOPl\.JENT STANDARDS July 27,2004 Page 45 of 63 C\Adl.ib eXpress\ Wor\;\rad5:\1'99.1mp.doc Notes: DEVELOPMENT STANDARDS SINGLE- FAMIL Y ATTACHED TOWNHOUSE CLUBHOUSFJ RECREA nON BUILDINGS PRINCIPAL ~"'RUCTURF.s MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM FLOOR AREA MIN FRONT YARD MIN SIDE YARD MIN REAR YARD MIN PRESERVE SETBACK MIN. DlST. BElWEEN STRUCTURES MAX. BLDG. HT. NOT TO EXCEED ACCESSORY SfRUCTURfo:S FRONT SIDE REAR (ATTACHED) (DETACHED) PRESERVE SETBACK MIN. DlST. BETWEEN STRUCTURES MAX. BLDG. HT. NOT TO EXCEED S.P.S.: Same as Principal SlrU(~tures. BH: Building Height C:\AdJ.ib eXpres.\ W('rk\m,l)AF99.unp.d,x; 2.250 S.F. t 0.000 S.F. 25 FEET N/A 1.000 S.F. N/A 20 FEET N/A o FEET or N/A 6 FEET 15 FEET N/A 25 FEET 25 FEET 15 FEET or N/A 'r'2 BH whichever is greater 2 STORIES 2 STORIES 35 FEET 35 FEET S.P.S. 20 FEET S.P.S Y:zBH 5 FEET 5 FEET 10 FEET 20 FEET 10 FEET 10 FEET 12 FEET greater of 15 feet or Y2 BH whichever is greater 2 STORIES 35 FEET 2 STORIES 35 FEET 1II-3 Agenda Item No. 17E July 27, 2004 Page 46 of 63 1) The location of structures proposed adjacent to a lake may have no setback from the lake maintenance easement. 2) No structures are permitted in the required, 20 foot lake maintenance easement. 3) For all residential units in Summit Place In Naples Phase I, garages must be located a minimum of 2/ feet Jrom the back oj the sidewalk located in the street rights-oj-way closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked across a portion, or all of the referenced sidewalk. 4) For all residential units not in Summit Place In Naples Phase I. garages must be located a minimum of 23 feet from the back of the sidewalk located in the street rights-oj-way closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk TO avoid vehicles being parked across a portion, or all of the referenced sidewalk. 5) The residential units in the GGFD Station 73 PUD are on the property line bent/een Summit Place and Station 73 and therefore the setback for these structures will be provided from the rear of the sidewalk on the abutting roadway in Summit Place PUD as required by code: Residential structures must be located a minimum of 23 feet from the back of the sidewalk located in the street rights-of-way closest to the garage, except for side load garages, wherein a patting area 23 feet in depth muyt be provided perpendicular to the sidewalk TO avoid vehicles being parked across a portion, or all of the referenced sideH!alk. III-4 Agenda Item No. 17E July 27,2004 Page 47 of 63 C:\Adl.ib eXpress\ Wnrk\rnd5Al'99.lmp.dnc SECTION IV RECREATION AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designatcd as Tmct "RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to provide for social and recreational arcas/spaces as an amenity for the residents of the project. 4.2 USES PERMITTED No building or structure or part thereof, shall be erected altcred or used. or land used, in whole or in part, for other than the following, subjcct to the issuance of regional, State and Federal permits, when required: Principal Uses: 1) Structures intendcd to provide social and recreational space~ 2) Outdoor re<..Tcation facilities, such as a community swimming pool, tennis and basketball courts, playground improvcments/facilities, and passive and/or active water features: 3) Any other principal use which is comparable in nature with the foregoing uscs and is approved through the process set forth in the LDC at the time of the request for such use. Accessory Uses: Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shclter with appropriate screcning and landscaping. 4.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, aU cliteria set forth below shall be understood to be in relation to individual pareel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Development standards for Tract RA are contained in Table II in this document. There shall be a minimum of 20 feet separation of recreational building(s) from all residential units. B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. IV-I Agenda Item No. 17E July 27,2004 Page 48 of 63 C:\AdLib eXrres~\Wmk\rold5Al:99.ntlp.d<x: SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Scction is to set forth thc development plan for arcas designated as Tmct "P", Prcservc Area on Exhibit "A", RPUD Master Plan. Thc primary function and purpose of this Tract is to preservc and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in theif natural, and/of enhanccd state. 5.2 USES PERMITTED No building or structure or part thereof, shall be erectcd altered Of used, Of land used. in whole or in part, for other than the following, subject to thc issuance of regional, State and Federal permits, whcn rcquired: Principal Uses: 1) ~ative preserves. 2) Water managemcnt structures. 3) Mitigation areas. 4) Hiking trails, boardwalks. sheltcrs, or other such facilities constructed for the purposes of passage through or enjoyment of thc site's natural attributes, subject to approval by permitting agcncics. V-I Agenda Item No. 17E July 27, 2004 Page 49 of 63 C:\Adl jb cXpres;\Work\n1d5AF99.unp.doc SECTION VI DEVELOPMENTCO~NTS 6.1 PURPOSE The purpose of this Section IS to set forth the development commitments [or the development of the project. 6.2 GENERAL All facilitics shall be constructcd in strict accordance with site developmcnt plans, final subdivision plans (if required), and all applicable State and local laws, codes, and rcgulations applicable to this RPUD. Except where specifically noted or stated otherwisc, the standards and specifications of Division 3.2 of thc Collicr County Land Development Codc shall apply to this project, even if the land within the RPUD is not to be platted. The developer, its succcssors and assigns, shall be responsible [or the commitments outlincd in this Document The developer, its successors or assignee, shall follow the Master Plan and the regulations of the RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the developer are bound by any commitmcnts within this Document. These commitments may be assigned or delegated to a condominiuml homeowners' association to be ".,.catcd by the developer. Upon assignment or delegation, the Developer shall be released irom responsibility for the commitments for that portion of the project turned over to such condominiumlhomeowner association. 6.3 RPUD MASTER DEVELOPMENT PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed dcvclopment and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or spccialland use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Subsection 2.73.5 of the Land Development Code, amendments may be made from time to time. B. All neccssary eascments, dedications, or other instruments shall be granted to insurc the continued operation and maintenancc of all serviccs and all common areas in the project. VI-I Agenda Item No. 17E July 27,2004 Page 50 of 63 C:\AdLib eXpres~\ Work\rad5AF99 .tlllp.UOC 6.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. This RPUD is subject to the Sunset Provisions of Subsection 2.7.3.4 of the L.'md Dcvclopment Code. B. An annual RPUD monitoring report shall be submittcd pursuant to Subsection 2.7.3.6 of the Land Dcvclopmcnt Code. 6.5 TRANSPORTATION The development of this RPUD Master Devclopmcnt Plan shall be subjcct to and governed by the following conditions: A. All traftlc control deviccs, signs, pavemcnt markings and dcsign criteria shall be in accordance with Florida Dcpartment of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS). current cdition, FOOT Design Standards, currcnt edition, and thc Manual on Uniform Traffic Control Devices (MUTCD), CUlTCnt edition. All other improvements shall be consistcnt with and as required by the Collier County Land Dcvclopmcnt Code. B. Arterial Icvel strcct lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of thc first Certificate of Occupancy (CO). C. Site-related improvemcnts ncccssary for safe ingress and aggrcss to this project, as determined by Collier County Transportation, shall not be eligible for impact fce credits. All required improvements shall be in place and available to the public prior to thc issuance of thc first CO. D. Road impact fees shall bc paid in accordance with Collier County Ordnance 01-13, as amcnded, and Division 3.15 of the Land Development Code, as it may be amended. E. All work within Collier County rights-or-way or public easements shall require a right-of-way permit. F. Nothing in any developmcnt order shall vest a right of access in excess of a right in/right out condition at any access point. Neither the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the dcveloper, its successor in titlc, or assignce. G. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjaccnt developmcnts shall be operated and maintaincd by an entity created by the developcr. Collier County shall have no responsibility for maintenance of any such facilities. VI-2 Agenda Item No. 17E July 27, 2004 Page 51 of 63 C:\Adl.ib eXpress\ Work\rn(L'iAF99.ltnpJ.oc H. If any required turn lane improvement requires the use of existing County right-of- way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. 1. If, the Collier County Transportation staff detefmine that, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or casement is nccessary, thc cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. J. Adjaccnt dcvclopments havc becn designed to provide shared access or interconnections with this dcvelopment. The RPUD Master Plan indicates these locations. The developer, Of assigns, shall assure that any such shared access or intcrconncction is utilized and shall accommodate tbe perpetual use of such access by incorporating appropriate language into the development covenants or plat. 6.6 WATERMANAGEMENT The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Dctailcd paving, grading and site drainage plans shall be submitted to Engineering Review Scrvices for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with thc approved plans. B. An excavation permit will be fCquired for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rulcs. C. The project must obtain a Surface Water Management Permit from the South Florida Water Managemcnt District prior to any sitc development plan approval. 6.7 UTILITIES The devclopment of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance number. 97-17, as amended. and other applicable County rules and regulations. B. All customers connecting to the water disUibution and sewage collection facilities shall be considered to be customers of the County, and shall be billed by the County in accordance with the County's established rates. YI-3 Agenda Item No. 17E July 27, 2004 Page 52 of 63 6.8 ENVIRONMENTAL C:\AJI.ib eXrres~\ Work\ra(l1AI''99.tlllp.d<1<: The developmcnt of this RPUD Master Development Plan shall be subjcct to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to rcview and approval by Envirnnmcntal Review Staff. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Statutes. All setbacks and buffcrs shall be provided in accordance with Division 3.9 of the Collier County Land Development Code. C. Buffers shall be provided around wetlands, extending at lcast tifteen (15) feet landward from the edge of the wetland preserves in all places, and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval Environmental Review Staff. D. The PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlifc Scrvice (USF&WS), the Florida Fish and Wildlife Conservation Commission (FFWCC), and Collier County rcgarding potential impacts to "listed species". Where protected species are obscrved on sitc, a Habitat Managemcnt Plan for thosc protected species shall be submitted to Environmental Review Staff for review and approval prior to final site plan/construction plan approval. E. An cxotic vegetation removal. monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Review Staff for review and approval prior to final site plan/construction plan approval. This plan shall include methods and a time schedule for removal of exotic vcgetation within conservation/preservation areas. F. The RPUD shall be consistent with the envirnnmental scctions of the Collier County Grnwth Managemcnt Plan, Conservation and Coastal Management Element and the Collier County Land Development Code, except as provided for in the lawfully adopted RPUD Ordinance, in effect at the time of tinal development order approval. G. At the time of thc next development order submittal, the petitioner shan provide copies of their SFWMD, Environmental Resource Permit applications. H. In the event the project does not require platting, all conservation areas shall be recorded as conservation I preservation tracts or easements dedicated to the project's home owners association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. VIA Agenda Item No. 17E July 27,2004 Page 53 of 63 C:\Adl.ib eXI"""\ W..rk\rnd5:\F<J9.unrdoc 6.9 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with. or following the construction of the principal structure. A construction operation/management oftice, and model center. may be constructed after zoning approval but before construction of any principal structures. 6.10 SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code in effect at the time of sign permit approvals. 6.11 LANDSCAPE BUFFERS, BERMS, FENCES Al\'D WALLS Landscape buffers, berms, fences and walls are generally permittcd as a prindpal use throughout the Summit Place In Naples RPUD, except in Preserve Areas. Alllandseaping shall be in accordancc with Collier County Land Dcvelopment Code in effect at the time of building permit application. The following st.mdards shall apply: A. Landseape berms may have the following maximum side slopes: I ) Grassed berms 4: 1 2) Ground covercd berms 3: 1 B. No buffer is required along the southcrly property boundary of Tract R. associated with Tract R of the proposed GGFD Station 73 MPUD to the south, and a shared buffer will be provided where the proposed project interfaces with Tract CF in the proposed GGFD Station 73 MPUD to the south, however the trees that would be required as part of the buffer will be provided as part of the landscaping for the residential unit, with some flexibility for number of trees and spacing based on driveway locations.. Deviation from Section 2.4.7.2. of the LDC related to a requirement to create a perimeter land use buffer between the developing Summit Place subdivision and the proposed GGFD Station 73 MPUD. If the residential units proposed in Tract R of the GGFD Station 73 MPUD are not development then the appropriate landscape buffer shall be provided along the boundary as required by the LDC. C. No tow-of-slope sctback is required from the common property/tract boundary of the Residential tract (Tract R) in the Summit Place In Naples RPUD. and the Community Facilities tract (Tract CF) in the proposed GGFD Station 73 MPUD. A wide. bermed, landscaped, land use buffer will be installed between, and unequally bridging that common boundary. Cross-section E-E, on Sheet 501' 5 of the RPUD Plans Set illustrates this common betIDing. Deviation from Section 2.4.4.18. of the LDC whcre a 5-foot setback is required from a property line for the tow-of-slope, whcn thc proposed berm is b'TCater than two feet in height. YI-5 Agenda Item No. 17E July 27,2004 Page 54 of 63 C :\,\<11 jb eXpreS5\ WorkmlclS:\F99 .unp.doc D. No tow of slope setback will bc provided along the project frontage on Collier Boulevard. While a five foot (5') flat arcawill be provided within the project adjacent to the Collier Boulevard Right-Of-Way, that flat area will be nominally tilled due to the continuation of the project's cast-sloping portion of it's land use bufferlbcrm into the Collicr Boulevard Right-Of-Way to interface with the proposed 6-lane roadway's westerly grading. Cross-section D-D, on Sheet 5 of 5 of the RPUD Plans Set illustTatcs this berming interface with the Collier Boulevard Right-Of-Way. Deviation from Section 2.4.4.18. of the LDC where a 5-foot setback is required from a property line for the tow-or-slope, when the proposed berm is greater than two feet in height. E. No tow-of-slope setback is required from the common propcrty/tract boundary of the Residential tract (Tract R) in the Summit Place In Naples RPUD, and the proposed Palcnno Cove RPUD. A bermed, landscaped, land use buffer will be installcd between, and bridging that common boundary. Cross-section F-F, on Shcct 5 of 5 of thc RPUD Plans Set illustrates this common berming. Deviation from Section 2.4.4.18. of thc LDC where a 5-1'oot setback is requircd from a property line for the tow-of-slope, when the proposcd berm is greater than two feet in height. F. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowcd in landscape buffer areas, providcd that the landscape buffer area is increased by an equivalcnt width. G. Landscapc plantings associated with the attached single-family residential buildings must comply with LDC Section 2.4.6.6. 6.12 LANDSCAPING FOR OFF -STREET PARKING AREAS All landscaping for off-street parking arcas shall be in accordance with Division 2.4 of the Collier County Land Developmcnt Codc in effect at thc time of building permit application. 6.13 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the futurc use of building space within common areas for the purposes of accommodating the function of an elcctoral polling place, only if requested by the Supervisor of Elections. An Agrcemcnt bctween the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the ofticial records of thc Clerk of the Circuit Court of Collier County. The Agreement shall be binding upon any and all successors in interest to the developer that acquire ownership of such common areas including homeowners' associations. YI-6 Agenda Item No. 17E July 27, 2004 Page 55 of 63 C:\:\<l1 jb cXpn:s.' Work\rndSAI:l)9.11np.Joc REZONE FINDINGS PETITION PUnz.03.AR.4046 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considcred the proposed change in rclation to the following, where applicable: 1. Whether the proposed change win be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. The proposed developmcnt is in compliancc with the Future Land Use Element of the Growth Management Plan. The requested dcnsity within Summit Placc PUD is consistent with the FLUE contained in the Growth Managcment Plan and therefore will be consistent with the goals, objectivcs and policcs of the Plan. 2. The existing land use pattern; Collicr Boulevard is a principal north/south arterial through Collier County and as such is going to be the focus of zoning and developmcnt rcquests due to the proximity of fronting propertics to thc County's transportation systcm, as dcmonstrated above, there is PUD Zoning to the north, and to the south. Furthermore, this is original site of Hibiscus Village that this proposal would incorporate is a PUD, so the proposal is consistent with the existing and emerging land use pattcms. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; At 98 acres Summit Place is of sufficient size that it will not result in an isolated district duc to the PUD to thc north and the proposed PUD to the south. Abutting uscs arc residential, a chureh, potential fire station and a wholcsalc nurscry, all of which arc consistent with the FLUE and with this proposed development. In addition there is the Indigo Lakes residcntial PUD abutting to the northwest and Wolf Creek residential PUD abutting to the southwest, thereforc, it is also consistent with thc expected land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The proposed expansion of the existing Hibiscus Village PUD residential use into Summit Place PUD is a logical extension of the original PUD, and this use has been identified as consistent with the FLUE. The proposed project boundaries coincide with the ownership of the applicant and as such are a logical in relation to existing conditions on the property. Theref()re, the proposed PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. PUDZ-2003-AR-4046, S::.H.H1I: ='LACE ;::UD EXHffiIT A Agenda Item No. 17E July 27, 2004 Page 56 of 63 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. This arca is secing substantial residential developmcnt as a response to the nced for more housing in Collier County. In addition, Collier Boulevard is being widened to increase the capacity of the road to support this and other residential and nonresidential developments in this area. Furthermore, the capacity of the rest of the County's infrastructure (sewer, watcr ete) is being expanded to support this growth. Finally, the subject PUD has a positive relationship to the GMP. 6. \Vhetber the proposed change will adversely influence living conditions in the neighborhood; The proposed PUD is an expansion of a previously approved residential PUD at the same density and with "substantially" the same setbacks and land use contn.>ls. This proposal is adding 4O.58:t acres and 163 dwelling units to this development, which is consistent with the FLUE. and therc is adequate capacity within the County's infrastructure to support the additional units. The additional acreage and dwelling units will be containcd within the boundaries of thc proposed development and any impacts that might be gcnerated are mitigated as part of the conditions of approval for this project, therefore the approval of this rcqucst should not adversely int1ucnce living conditions in the neighborhood. 7. \Vhether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of thc projcct took into account the requircmcnt for consistency with Policy 5.1 of the Traffic Elcmcnt of the GMP and was found consistent, a slatement advising that this project when developed will not excessively increase Lraftic congestion. The proposed change will result in an overall increase in daily trips within the PUD, however there is adequate capacity in the road system to accommodate it. 8. \Vhether the proposed change will create a drainage problem; The LDC specifically provides the development standards that arc designed to reduce the risk of Hooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjaecnt property over and above what would occur w~thout development. In summary, this projcct has been reviewed for consistency with the applicable regulations and required to mitigate all sub~surface drainage generated by developmental activities as a condition of approval. 9. \Vhether the proposed change will seriously reduce light and air to adjacent areas; .-} 2UDZ-20Q3-AR-4046, SU~L~lT ?LACE PUD EXHmIT A Agenda Item No. 17E July 27, 2004 Page 57 of 63 The building heights (two stories or 35 feet), buffers and the setbacks proposed as part of this development, will result in virtually no reduction of light and air to adjacent areas. In addition each project in Collier County is subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply geuerally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, ete.) and were designed to ensure that light penetration and circulation of air to adjaceut areas is not adversely affected. 10. Whether the proposed change will adversely affect property values in the adjacent area; The PUD being requested is consistent with the previously approved application, the principal difference being the addition of 401: acres of property to be developed at the same density as the previous PUD and resulting in an additional 163 units. This is market rate housing consistent in design and quality with the surrounding development being devcloped in Collier County. It is staff's opinion that this proposal will not adversely affect property valucs in adjacent arcas. 11. \Vhether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Surrounding uses are a mix of similar PUD rezones and vacant Agricultural zoned property. This proposal is consistent with these surrounding uscs and there are developmcnt controls that are a part of this request that will minimize any potcntial impact it might have on adjacent properties. Therefore staff feels that the proposal will not be a deterrent to the improvement or development of the adjacent property 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to PUD complies with the Growth Managcment Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact the proposed PUD does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. 'Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; There is no reason that the property cannot be used in accordance with the existing zoning, however the majority of the subject property is currently being developed consistcnt with the existing Hibiscus PUD zoning and this proposal is to expand that zoning in a manner consistent with the previous land use decision. Based on the previous rezone of the abutting property to PUD and the other PUD's in the vicinity, rezoning of this property consistent with the previous rezone is logical. Were the property used undcr the Agricultural Zoning, it could be seen as inconsistent with FLUE. However, the emerging land use pattern in this area is more consistent with 3 Agenda Item No. 17E July 27, 2004 Page 58 of 63 PUDZ-2003-AR-4046, SU~~IT PLACE PUD EXHmIT A this proposal than the continuation of the existing zoning, primarily due to the direct access to a arterial street and designation in the FLUE. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD has been approvcd at a density consistent with the allowable dcnsity in the County's Growth Management Plan, and as such will be in scale with the needs of the neighborhood and the County. Deviations from the code are minor and will not affect this proposal with regards to being in scale with the needs of the neighborhood and the County. 15. \Vhether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Thcre are many sites which arc zoned to accommodate the proposed development. This is not thc determining factor when evaluating the appropriatencss of a rezoning decision. The determinates of zoning are consistcncy with all clements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the abovc criteria. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The applicant shows that 30 percent of the site (29.0 acres) will bc kept in a natural state as required by code. In addition there will be a minimum of 59.0 acres of the site, including four lakes, in open space, therefore residential development will take place on 28.0 acres of the site. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the CoUier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional clemcnts of the GMP has rcviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. 4 Agenda Item No. 17E July 27, 2004 Page 59 of 63 ?UDZ-2Q03-AR-4046, SU~~I~ ?LACE PUD EXHmIT A FINDINGS FOR PUD PUDZ,03.AR.4046 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliancc with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support thc manncr and pattcrn of developmcnt proposed for the subject property. Devclopmcnt conditions contained in thc Summit Place PUD document give assurance that all infrastructures will be developed consistent with the County regulations. Any inadequacies that require supplementing the PUD document will be recommcnded to the Planning Commission and the BCC as conditions of approval by staff. Recommcnded mitigation measures will assure compliancc with Level of Servicc relationships as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instrwnents, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the Summit Plai..'C PUD application provide evidence of unified controL The PUD document makes appropriate provisions for continuing operation and maintenance of common arcas. 3. Nonconfomuty of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistcnt with the goals, objectives and policies of the GMP. The Summit Place PUD proposes 394 rcsidential dwelling units that are consistent with thc GMP (See staff report). 4. Restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD Master Plan has been designed to optimize intcrnalland use relationships through the use of various forms of open space separation. The LDC to assure harmonious relationships between projects automatically regulates external relationships. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. PUDZ-2003-AR-4046, SU&L~IT PLACE PUD EXHffiIT B Agenda Item No. 17E July 27, 2004 Page 60 of 63 Thc amount of open space set asidc by this projcct is consistcnt with the provisions of the Land Devclopmcnt Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Thc proposed Summit Place PUD will not advcrsely impact the tlmmg of scquence of development that is currcntly allowcd in the area. Furthermore, the adopted concurrency rcquirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this contex t, implies SUPP0l1ing infrastructure such as wastewater disposal system, potable water supplies, charactcristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. In addition, this petition will not adversely impact any previous determination of consistcncy with thc OMP. The project is also timely becausc the supporting infrastructure is available. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. TI1C rcquestcd rezoning conforms to PUD regulations or the petitioncr has sought deviations. The staff rcport contains a list of deviations and staffs recommendation regarding each deviation. Staff has recommcnded approval of Deviations 1, 3,4,5, and 6 and finds that the modifications proposed arc justificd because they will meet the purpose to a degree at least equivalcnt to the literal application of each regulation from which they request to deviate. Staff is recommcnding denial of Dcviation 2 and finds that the modifications proposed are not justified because the modification will not meet the purpose to a dcgrcc at least equivalcnt to the literal application of cach rcgulation from which they rcqucst to deviatc. A'ITACHMENT B 2 Agenda Item No. 17E July 27,2004 Page 61 of 63 2UDZ-2 i) 0 3--AR-4 04 6, SUlvl.'1I;:- PLACE ?'JD EXHffiIT B Hi Robin, Here's the fetter we discussed to be included in the packet for the members of the BCC. Please advise if I can provide additional information. Regards, Len Stout ********************************* July 19, 2004 Robin Meyer, Principal Planner Community Dev. and Environmental Services 2800 North Horseshoe Drive Naples, FL 34104 Reference: Petition: PUDZ-2003-AR-4046 Waterways Joint Venture IV Subject: Screened Patio Extensions Dear Mr. Meyer; In my letter of May 7, 2004, I formally objected to screened extensions becoming a permitted use. Subsequent to filing this objection, I visited several building sites and existing homes to review established building practices. Upon completing this review, I more fully comprehend the issues of patio utilization and privacy in relationship to overall home ownership. Agenda Item No. 17E July 27, 2004 Page 62 of 63 Consequently, at the July 15th meeting of the Collier County Planning Commission, I publicly withdrew my opposition to Petition: PUDZ-2003-AR-4046. I have been authorized to represent Jennifer C. Briggs and Mary E. Stout on the above matter and they concur with the decision to withdraw all opposition to Petition: PUDZ-2003-AR-4046. This Petition is scheduled for discussion during the BeC meeting of July 27th. Please include this correspondence in the packet of information to be reviewed by the Board. Finally, I want to thank you for your professional consultation and insight on this matter. If I were your supervisor, I would certainly give you a raise! Regards, Len Stout Unit 204 6670 Huntington Lakes Circle Naples, FL 34119-7986 239-269-6700 CC: Mr. Richard Yovanovich Goodlette, Coleman & Johnson, P.A. Suite 300 4001 Tamaimi Trail North Naples, FL 34103 ************************************ Agenda Item No. 17E July 27, 2004 Page 63 of 63 EXECUTIVE SUMMARY .....--. Recommendation to approve a Mandatory Non-Residential Recycling Ordinance OBJECTIVE: To approve a revised mandatory non-residential recycling ordinance (Ordinance) within the unincorporated areas of Collier County to improve recycling and preserve landfill disposal capacity. CONSIDERATION: On March 27, 2001 the Board of County Commissioners (Board) directed the Solid Waste Management Department (Department) to prepare an Ordinance requiring non-residential (commercial) establishments to recycle a variety of recyclable materials. Accordingly, the Department, together with the County Attorney's Office and special legal counsel, prepared an Ordinance (which was subsequently revised and is presented as Exhibit 2), that mandates commercial recycling. The proposed Ordinance was designed to balance impacts to businesses and the County's goals of increasing commercial recycling participation and preserving landfill disposal capacity (airspace) at the Naples Landfill. On May 28, 2002, the County Attorney's Office and the Department presented the ~- proposed Ordinance to the Board. At that time, the Board also heard opposition from business and citizen groups. Following the staff presentation and public comment, the Board, by a majority vote, denied the motion to approve the proposed Ordinance. However, a second motion was approved to utilize the proposed Ordinance provisions as a framework for a voluntary commercial recycling program (Program) and to develop a marketing plan with established goals to monitor progress over an 18 month period. The Board challenged the Greater Naples Chamber of Commerce (Chamber) to develop a marketing plan with support provided by the Department. The Board also requested interim progress reports (IPR) from the Chamber and the Department on a six-month basis. .- The Chamber and the Department presented the first joint progress report to the Board on January 28, 2003. At that time, the Board requested that the Chamber and the Department develop joint performance benchmarks and goals that the Board could use to monitor the success of the voluntary commercial recycling initiative. The joint performance benchmarks and goals were provided to the Board on April 10, 2003. The second IPR was presented to the Board on June 24, 2003. The Department, in cooperation with the Chamber, presented the final report to the Board on January 27, 2004. Following the final IPR, the Board found that the Volunteer Program was unable to achieve the desired results both in terms of participation and diversion. As a result, the Board instructed the Department to revise the proposed Ordinance for its further consideration. Agenda Item No. 17F July 27,2004 Page 1 of 22 Notwithstanding the exceptional effort put forth by the Chamber and the Department, including marketing and outreach, education, and technical assistance, the Program was unable to meet the jointly established goals. The voluntary business recycling effort laid a necessary and valuable foundation for future commercial recycling efforts. It should be noted that the Chamber, as representative of the business community, does not object to the passing of the revised Ordinance (Exhibit 1). Staff has revised the Ordinance to be consistent with subsequent Board policy. Specifically, the Ordinance was revised in accordance with the following guiding principles suggested by the Board on January 27,2004: 1. Recvcle more than one item. Section One: Intent and Purpose of the ordinance requires a business to segregate and recycle as many recyclable materials as practical. Section Seven: Designation of Recyclable Materials provides that Recyclable Materials includes paper, cardboard, glass, plastic (Nos. 1 through 7), aluminum, and ferrous metal. The Board may designate other materials such as organic waste. Section Eight: Standards for Recycling on Non-Residential Property requires that a business shall diligently attempt to recycle all of the recyclable materials that it produces. 2. Include an educational component. Section Eleven: Recycling Education and Promotion Program authorizes establishment and implementation of an education and promotion program. 3. Limit reaulatorv impact on businesses. Section Eighteen: Inspections, Enforcement and Penalties allows twelve months before enforcement by the Code Enforcement Board. Enforcement will be phased and opportunistic, implemented by Code Enforcement, Utility Billing & Customer Service and Pollution Control Departments with cross training provided by the Solid Waste Management Department. Section Fifteen: Self-Hauling provides the option of self-hauling without using a contractor and requires provision. upon request, of a self-hauling certificate. Section Eight: Exemptions from Recycling Standards: Generator is exempt if it has the smallest (96-gallon) solid waste collection container collected no more than two times per week. Section Seven: Minimum Standards for Recycling on Non-Residential Property gives the option of self-hauling or contracting with a recycling hauler. 4. Provide a proper balance of both incentive and reaulation. Section Ten: Awards Program for Recycling on Non-Residential Property authorizes a recognition program. Agenda Item No. 17F July 27,2004 Page 2 of 22 Economic incentive: Data from business recycling pilot project in 2002 indicates the Ordinance will result in a cost savings for most businesses unless they cannot contract for reduced garbage service. Green Builder, Green Lodging, Green Marina program assistance. Waste stream analysis provided by Department staff, cost free. Recognition page on website. Window stickers, logo for letterhead, plaque for office display. Media notification. Airspace savings which equals disposal cost control. 5. Address imoact on the Land Development Code Section Seventeen: Variances_ provides for administrative variances due to site specific conditions creating a substantial hardship and precludes compliance with LDC requirements for minimum parking spaces and visual screening of collection containers. The Department has developed a database to track non-residential usage (e.g., type of business, type of recyclables, etc.) at the County Recycling Centers and to track business site visits by Department staff to record businesses that are recycling, what materials businesses are recycling, and other, additional information. The Department will continue to use the database to track the predicted increase in recycling participation. FISCAL IMPACT: The fiscal impact associated with this Executive Summary can best be measured in terms of avoided disposal costs. Exhibit 3 provides an overview of the financial analysis that considers the avoided disposal costs. It should be noted that the analysis considers the associated costs of implementation and ongoing monitoring and enforcement activities. Based on the analysis, there is a positive financial impact associated with the revised Ordinance. In terms of avoided disposal costs, the impact is approximately $18M on a net present value basis through 2024. Further, implementation of the revised Ordinance will preserve disposal capacity airspace at the Naples Landfill as noted below. GROWTH MANAGEMENT IMPACT: The growth management impact of commercial recycling is potentially significant. Currently, businesses account for more than 50% of the waste generated in the County. Based on a conservative estimate, approximately 50% of the commercial waste generated annually is recyclable as defined in the revised Ordinance. While it is unlikely that all businesses will maximize their recycling practices, the impact of achieving significant recycling participation over the long-term have a positive impact on preserving disposal (airspace) capacity over the life of the Naples Landfill. Preserved disposal (airspace) capacity resulting from commercial recycling will have a corresponding positive impact on the Annual Update and Inventory Report (AUIR) on Solid Waste Facilities. By preserving airspace at the Naples Landfill, the lined capacity will be extended, as would the permitted disposal capacity. Thus, the adoption of the revised Ordinance will extend disposal (airspace) capacity at the Naples Landfill, which will in turn extend its capacity beyond the 20 years estimated today by 10% or more. Agenda Item No. 17F July 27,2004 Page 3 of 22 Further, the revised Ordinance is part of an overall integrated solid waste management program. Therefore, it is important to note that the impact of the revised Ordinance, when combined with other solid waste management elements, will have a cumulative positive impact on disposal (airspace) capacity over the life of the Naples Landfill. RECOMMENDATION: That the Board approve the revised Mandatory Non- Residential Recycling Ordinance. ,"'-'" .- Agenda Item No. 17F July 27,2004 Page 4 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 17F Item Summary Recommendation to approve a Mandatory Non-Residential Recycling Ordinance Meeting Date 7/27/20049:00:00 AM Prepared By Denise Kirk Waste Reduction & Recycling Manager 7/9120044:28:50 PM Public Utilities Solid Waste Approved By G. George Yilmaz Solid Waste Director Date Public Utilities Solid Waste 7114/200412:15 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 7114120048:42 PM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 7115/20044:12 PM Approved By Randy Greenwald ManagementJBudget Analyst Date Board of County Commissioners Office of Management & Budget 7/16/20049:16 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7116/2004 3:48 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7116120044:42 PM Agenda Item No. 17F July 27,2004 Page 5 of 22 Page 1 of 1 kirk_d From: Mike Reagen [Mike@napleschamber.org] Sunday, June 27, 2004 11 :48 AM fiala_d; HalasFrank; colettaj; henning_t; CoyleFred muddj; kirk_d; jamesdelony@colliergov.net; david@cbia.net; Ellie Krier; Lynn Schneider; dweston@cecifl.com; Tina Osceola (E-mail);ski2golf@aol.com;cj@corporatedimensionsinc.com:chill@cooperhotels.com; cynthia.bennett@nchmd.org; dans@bsswarchitects.com; ralphanddonnamacniven@msn.com; Ed Morton (E-mail); fermindiaz@wilsonmiller.com: jmangan@westbayclub.com; John Wiseman (E-mail);mmorton@barroncollier.com; pbriant@gbb-cpa.com; rbudd@walls-swfl.com; russell@tuffnews.com; relardo@gfpac.com; Todd Kendall; Dave Weston; Ellin Goetz; Jeff Fridkin; Lou Vlasho; Nancy Lascheid; Phil McCabe; Tim Wynn; Tom Wagor (E-mail); Benny Starling (E-mail); Bill Moss (E-mail); Bob Dictor (E-mail); Bob Mulhere; Dick Shanahan (E-mail); Don York (E- mail); George Percel (E-mail); Lee Willler-Spector (E-mail); Monte Lazarus (E-mail); Nancy Keefer (E-mail); Pat Neale (E-mail); Sandi Riedemann (E-mail); Tarik N Ayason (E-mail); Mike Reagen; Ellie Krier; Lynn Schneider Subject: Mandatory Business Recycling Sent: To: Cc: Dear Commissioners: The Greater Naples Chamber of Commerce has reviewed the Proposed Ordinance to enact Mandatory Business Recycling and wishes to commend County staff for the thoughtful job done in preparing the Proposed Ordinance for your consideration. Hardship issues are addressed in general terms because it is impossible to foresee all hardships that may arise. The concepts of dealing with conflicting land development codes is addressed. Small businesses and operators have relief. While always wishing for voluntary coooperation and compliance for the common good, after two years of closely working with the County to support Recycling, The Chamber resonates with the necessity of this proposed ordinance. Recycling is "the right thing" to do. We applaud the County's Staff and all the Volunteers who worked so hard these past two years to help craft this Proposed Ordinance to insure that our clean environment underscores The Chamber's goal to make Collier County the best place in America to work and live. Respectfully, Michael V. Reagen, Ph.D. Chamber President. 7/13/2004 Agenda Item No. 17F July 27, 2004 Page 6 of 22 ORDINANCE NO. 2004-_ AN ORDL'JANCE OF THE BOARD OF COUNTY C01\-L\lISSIONERS OF COLLIER COUNTY. FLORIDA ESTABLISHING A RECYCLING PROGRAM FOR NON-RESIDENTIAL PROPERTY IN THE UNU,CORPORATED AREAS OF COLLIER COUNT'.'; PROVIDING FOR Il';'TENT A<''D PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR CONSTRUCTION AND L'lTERPRETATlON; PROVIDING DEFINITIONS; PROVIDING FOR THE DESIGNATION OF RECYCLABLE MATERIALS; PROVIDING MINIMUM STANDARDS I'OR RECYCLING ON NON-RESIDENTIAL PROPERTY. PROVIDING EXEMPTIONS .'ROM RECYCLING STANDARDS; PROVIDING FOR VOLUNTARY RECYCLlNG ON NON-RESIDENTIAL PROPERTY; PROVIDING FOR A<~ AWARDS PROGRAM FOR RECYCLING ON NON-RESIDENTIAL PROPERTY; PROVIDING FOR A RECYCLING EDlJCATlON AND PROMOTION PROGRAM; PROVIDING FOR EVALUATIONS OF THE NON.RESIDENTIAL RECYCLING PROGRAM.; PROVIDING FOR RECYCLING SERVICE AGREEMENTS; PROVIDING ~'TANDARDS FOR RECYCLING CONTRACTORS; PROVIDING FOR SELF.HAULING. PROVIDING FOR COUNTY RECYCLING CENTERS; PROVIDING FOR VARIANCES; PROVIDING FOR INSPECTIONS. ENFORC&\1ENT. AND PENALTIES; PROVIDING FOR APPEALS; PROVIDING FOR SEVERABIUTI'; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR INCLUSION IN THE COUNTY'S CODE OJ. LAWS A<~D ORDINANCES; AND PROVIDL"iG AN EFFECTIVE DATE. WHEREAS, Section 403.706(21), Florida StatulC~. authorizes local governments to enact ordinances that require the separation and cnllection of Recyclable Materials: and WHEREAS, the Board of County Commissioners wishes to increase Recycling in Collier County because R(X'yding will save cncrgy and natural resnurces. provide uscful products. and prove cconomkally bcncl1cial; and WHEREAS, the Board also wishes to im"l.14\sC Recycling in Collier County because Recycling WIll help ensure that the valuable and limitcd capacity or the County' s Naples Landfill is conserved: and WHEREAS, the Board finds it is necessary for the protection of the public health. safety and welfare of the residents of Collier County to require the Recycling of Recyclable Materials generated on Non-Residential Property. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OFCOLLlER COUNTY. FLORIDA. as follows: SECTION Oi'li'E: Intent and PurPOSe. It is the intent and purpose of this Ordinan<;e to promote Recycling by: (a) requiring husinesses and institutions in unincorporated Collier Coullty to segregate and ~~ltqq Il~ No. 17F July 27, 2004 Page 7 of 22 designated Re\.'ydahle Materials as practicahle: (b) establishing educational prognum wnceming Recycling; (c) providing incentives and awards programs that will make Recycling more atlractive to the businesses and ill'stitutions in unincorporated Collier Coullty; (d) limiting the regulatory impact of this Ordinance on business; and (e) eliminating potential conflicts between the requirements of this Ordinance and the requirements of the County's Land Development Code. By utilizing a balanced combination of incentives and regulations, the Board intends to accomplish its Recycling goals while minimizing the regulatory requirements in this Ordinance. The Board also imends to provide suftkient time for the businesses and institutions in Collier County to comply with the County's new programs. SECTION TWO: Title and Citation. This Ordinance shall he known and may be dted as the "Collier County Non-Residential Recycling Onlinance", SECTION THREE: Applicability. This Ordinance shall he applicable only within the unincorporated areas of Collier County. SECfION FOUR: Construction and Interoretation. This Ordinance shall be liberally construed in order to cJIcctivcly carry out the intent and purposc of the Ordinance. Where any provision or this Ordinance refers to or incorporates another provision. smtutc. rule, regulation or lither authority, this Ordinance refers to the most CUlTCnt version. including and incorporating any amendments thereto or renumbering thereof. SECTION FIVE: ~finitions. For the purposes of this Ordinance. the definitions contained in this Section 5 shall apply unless otherwise specifically '>t<lled. When not inconsistent with the context, words u.scd in the present tense include the future tense, words in the plural number indude the singuJar, and words in the singular number include the plural. "lbe word "!ihaU" i!'> always mandatory and not merely discretionary. Pursuant to Sc<.:tion 403.7031. Rorida St.ttutcs. all definitions in this Section 5 sha1l he consu1Jcd in a manner that is consistent with the definitions contained in Section 403.703. l-lorida Statutes, [n the case nf any apparent conniet or in<.:onsisten9 with the definitions Agenda Item No. 17F '-'OBtained in Section 403.703. Flol1da Statutes. the statutory delinition shall apply. July 27, 2004 Page 8 of 22 A. Board means the Board of County Commissioners of Collier County, Florida. B. Certdicate of Operation means the license that a Contrdctor must obtain from the County before it can Collect Recyclable Materials in the County. C. Code Enfon.:cment Board means the entity that is responsible for enforcing the C()unty's ordinances pursuant to Chapter 2. Division 11, of the Code of Laws and Ordinances of Collier County. Florida. D. C9JJ~f.! means to gather or pick up Recyclable Materials for transport and delivery to a Recycling Facility. E. C91lrr],~tor means a Person who Collects OJ' transports Recyclable Materials fmm Non-Residential Property for profit. r. County means C\)l\icr County, Florida. G. Counly Manager means the County Manager of Collier County or the County Manager's designee. H. C:;..\IstomeJ' means an OwneJ' or Generator that enters into a Service Agreement with a Contmctor for Recycling services. L peMinilJlj~Am911Ill means the amount of Solid Waste which lawfully may be included in separated Recyclable Materials. A De Minimis Amount of Solid Waste is 10 percent. by volume or weight, whichever is more restrictive. as detennined by a measurement or .i visual inspt.'Clion by the County Manager. J. Qwcllillg means any building, or part thereof, intended, designed. used, or occupied in whole or in part as the residence or living quarters of one or mOJ'e peJ'sons. permanently or transiently. with cooking and sanitary facilities. Such term shall not mean a room in a motel or hotel. K. parbage means all kitchcn and table food wa.ste. and animal or vegetative wa....te that is attendant with OJ' rcsults from the storage. preparation. cooking, or handling of food materials. L. Gencr-ator means each business, not-for-profit organir.ation and institution (i.e.. all Pcrsons except individuals) that gcner-atcs one nr more Recyclable Malt.'Tials as a result of its activities on Non-Residential Property. M. ~thl\.cri;.\.!.LJ5e('o.Y-~ry Fa.cilitv means a Solid Waste management facility that provides for the extraction from Solid Waste of Rccyclable Matcrials. materials suitable for use as a fuel or soil amendmcnt. or any combination of such materials. .J Agenda Item No. 17F July 27, 2004 Page 9 of 22 N. Multi.Fa.milv Residence means a group or three or more dwelling units within a single conventional building. aua.:hed ~ide by side, or one above another, and wherein each dwelling unit may be individually owned or leased initially on land which is under common or single ownership. O. Ng!t.Resi4.~al Property means real property thal is located in an unin<..'orponlted area of Collier County and used primarily for: (I) .:ommerce, induding but not limited to offices, stores. Restaurant'>. motels. hotels, TC,,-rcational vehicle parks, theaters, and service stations: (2) not-for-prolit organizations; and (3) institutional uses, including but not limited to governmental fadlities. chur.:hes. hospitals and schools. The term Non-Residential Property shall not include any Residential Units or undeveloped land. P. Qrdinance means this County Ordinancc No. 2004._. Q. Organic Waste means Garbage and other similar putrescible Solid Waste, including source separatcd food waste and food.soiled paper. Organic Waste docs not include yard trash. R. Owner means a Person who owns Non-Residential Property. An Owner also may be a Generator. S. e~I}9..!1 means any and all pcrsnns. natural or altilicial, including :my individual, firm, partnership, joint venture. public or private corporation, or other association, or any _,ombination thereof. howl~ver organized: any county: and any local. state or fcdcr..ll governmental agency. T.!Iim.tJ:LR~yclablr.....i)1i!!cri!!!. me:lllS a Recyclable Malerialthat a Person generates un Non-Residential Property in amounts greater than 96 gallons per month. u. g~~9\:c~4__~fatelill.l~ means metal. paper. glass, plastic, tex.tile. or rubber matctials that have knnwn Recycling pI)tential. can he feasibly recycled. and have bt.-cn divcned and source separated or have been removed from the Solid Waste stream for sale, use, or reuse as raw materials. wht.'ther or not the materials require subsequent pnx:essing or separation from each other. but docs nO! include materials destined fur any usc that constitutes disposal. Recllvered Materials as described above arc nol Solid Waste. v. Recovered Materials Proccssing Facilitv means a fa,-ility engaged solely in the ,toragc. processing. resale. or reuse of Recovered Materials. W. Rccv(:lablc Malerials means those materials that are capable of being Recycled. Section 6 of thiS Ordinance. "hi.:h would otherwise be pmcessed as Solid \Vaste. and arc designated by the B,o;tf~fWJ~:Yte'in No. 17F July 27, 2004 Page 10 of 22 X. Recvclable Materials Container means any box, tub. or other container that is made of metal. hard plastic or other similar material and is suitable for the collection of Recyclable Materials. Y. Recycling means any process by which Solid Waste, or materials which would otherwise become Solid Waste. are collected, scpamted. processed and reused or returned to use in the form uf raw materials or products. z. R~fy.fli.Qg.,_r~l,:jJjU! means any facility that recycles Recyclable Materials, including but not limited to buy back centers, drop-off centcrs (both permanent and mobile), designated County Recycling centcrs. Materials Recovery Facilities and Recovered Materials Pw<.-cssing Facilities. AA. Residential Unit means a single-family residence. duplex residcOI.:c and a Multi- Family Residence. BB. Restaurant means any bar. Utvem or other eating or drinking establishment where food or beverages are prepared. served. or sold for profit, eithcr for immediatc consumption on or in thc vicinity of the premises. or called for or taken out by customers. or prepared prior to heing delivered to another location for consumption. Cc. ~.!I:.!:fuuling Ccrtifkate means a written certification by an Owner or Generator contirming that the Owner or Generator is collecting and tf'dllsportlng Recyclable Materials to a Recycling Facility, DD. Service Agreement means a written agreement hetwecn a Contractor and an Owner or Generator concerning the collcction of Recyclable Materials. EE. .Solid Wll.~ means sludge unregulated under the federal Clean Watcr Act or Clean Air Act, sludge from a waste treatment works. water supply treatment plant, or air pollution control facility, or Garbage. rubbish, refusc, ~;peciaJ waste, or other discarded materials, including solid, liquid, semisolid, or contained gaseous material resulting from domestic. industrial. commercial, mining. agricultural. or governmental operations. FF. Substantial Hardship means a demonstrated economic. techn(llogical, legal, or other type of hardship. SECTION SIX: Desienation of Recvclable Materials. For the purposcs of this Ordinance. Rccyclable Materials means paper. cardboard. glass. piastic (Nos. 1 through 7). aluminum. and ferrous metal. The Board may designate other Agenda Item No. 17F meltcnals (e.g.. Orgal1ll: Waste) ;,.; Rl.'cydable \1atcrials if the BOiU'd dctcrmlllCs that a mJdfY 27. 2004 Page 11 of 22 j exists for such materials and a cost-effective system is in pla(,'e for Recycling such materials. Materials shall be deleted from this list of Recyclable Materials if the Board determines that a market n(l longer exists or a cost.etTective system is no longer in place for Recycling such materials. SECfION SEVE.'J: Minimum Standards tor Recvclill2 on Non-Residential ProDCrtv A. Each Owner shall: (I) provide RC\.')'clable Materials COnlainers on the Owner's Noo-Rl'sidential Property ';() the Generators located on the Owner's Non-Residential Property may recycle all of the Recyclable Materials that the Generators have de~gnated pursuant to Subsection 7.B., below; and (2) Collect the materials placed in the Recyclable Materials Containers and transport those materials to a Recycling Facility. B. Each Generator shall diligently attempt tn recycle all of the Primary Recyclable Materials that it produces. At least once each year, eaeh Generator shall: (I) consider the list of Recyclable Materials designated by the County pursuant to Section 6 of tbis Ordina.nce: (2) consider the types of Recyclable Materials generated by its activities on J\on-Residential Property; (3) identify the Primary Recyclable ~aterials that the Generator produces: and (4) identify (i.e.. designatc) the Primary Recyclable Materials that the GenerJ!Or will recycle, Thereafter, each Generator shall separate the designated Primary Recyclable Materials from thc Generator's Solid Waste, and the Generator shall place the designated Primary Recyclable Materials in Recyclable Materials Containers for collection. C. tf a Generator's activities do not produce any Primary Recyclable Materials. the Generator shall designate and recycle olle or more RC\.).'cJable Materials in the manner described in Subsection 7.B. above. unless the Generator is exempt pursuant to Suhsection 8.A, below. D, Each Generator shall coordinate with the Owner of the Non-Residential Property where the Generator's activities (Keur. and each Owner shall coordinate with the Generators on its Non-Residential Property. to ensure that the Generator's Recyclable Materials arc taken to a Recycling Facility. E. No Person shall dispose of Rl~cyclablc Materials that have been sepanttcd from Solid Waste pursuant to the provisions of Subsections 7.8 or 7.C. above. F. No Person shall place Solid W,lstc in a Recyclable Materials Container. G. No PeNon shall cause litter or a nuisance. Each Person shall take all necessary steps to ensure that their own Recycling activities do not CallSI.' litter or a nuisance. Each PeNon shall Agenda Item No. 17F immediately pkk up any Iiller ami eliminate any nui,ancc Ciwsed hy their own acliVllics. July 27. 2004 Page 12 of 22 (, H. Each Owner shall. upon request, provide the County Manager with a copy of a Service Agreement, Self-Hauling Certificate. or uther document (e.g., re~:cipt from a Recycling Facility) demonstrating that the Primary Recyclable Materials generated on the Owner's Non- Residential Property are being taken to a Recycling Facility. The Service Agreement. Self... Hauling Certificate, or other document shall be available for inspection by the County Manager at the Owner\ Non-Residential Propeny during normal hUs!lless hours. The Owner also shall mail or deliver these documents to any Generator located on the Owner's Non-Residential Propeny, within fourteen (14) days, if the Generator requests the documents. I. Each Generator shall, upon request, pn>Yidc the County Manager with a copy of a Service Agreement, Self.Hauling Certificate, or other document (e.g.. receipt from a Recycling Facility) demonstrating that Lhe Generator's Primary Recyclable Materials arc being taken to a Rl'cycling bu:iUty. '[be Service Agreement, Self.H,\lIling Cenilicate. or other document shall be available for inspection by the C\Junty Manager ilt the Generator's Non-Residential Property during the Generator's normal business houn;. J. An Owner may satisfy its obligations under this Ordinance by performing the rL'quired activities itself or by using the services of a Contractor or other Person who complies with the requirements of this Ordinance. However. notwithstanding anything else contained herein, the Owner shall be responsible for ensuring and demonstrating its compliance with the requirements of this Ordinance. K. A Genef'dtor may satisfy its obligations under this Ordinam.;e by performing the rlXJuired activities itself or by using the services of a Contractor or other Person who complies with the requirements of this Ordinance. However. notwithstanding anything else contained herein, each Generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this Onlinance. SECTION EIGHT: Exemptions from Recvdinl! Standards. A. Notwithstanding any other provision heccin, a Generator shall be e)l,empt from the n'quirements in Section 7 of this Ordinance if the Generator lIses no more than one container fur the disposal of its Solid Waste, the container's cap,ldty is no greater than ninety-six (96) gallons. and the contents of the container are collected no more than tWI) (2) times per wc('k. B. Notwithstanding any other provision herein, a GcncrJtor shall not be required to rct:yde a Recyclable Material if the Genemtor demonstrates to the County Manager that there is Aaenda Item No. 17F nil cnllet:\Iun SCT\X-C or other l.ost'cjTet~tive system available for Rccyding such malcrial. July 27, 2004 Page 13 of 22 C. Notwithstanding any other provision hercin. an Owner shall be exempt from the requirements in Section 7 of this Ordinance if: (I) all of the Gcnerators on the Owner's Non- Residential Pmpeny arc exempt from or not required to comply with the, provisions of Section 7: or (2) Primary Recyclable Materials are not being generated by any activities occurring on the Owner's Non-Residential Property. SECTION NINE: Extraordinarv and Innovative RecvctiDlz. A. All Owners and Gencrators. including those who are exempt from some or all of the requirements in this Ordinance. arc encouraged to recycle all of their Recyclable Materials. especially aluminum cans. paper. and ('ardboard. B. Owners and C',cncrators arc encow.agcd to work with the County to develop new and innovative methods to recycle other Recyclable Materials. such us Organic Wasle. C. All municipalities in Collier County arc encouraged to adopt and implement Recycling programs for the husines!>Cs and institutions located in the incorporated area.. of the County, If reqllested. the County Manager shall provide advice and technical assistance with the Jevelopment of the Recycling programs for these municipalities. SE{''TION TE."i: Awards Prolzram for Recvcline: OD Non-Residential Property. The County Manager i~ hereby authorized to establish and implement an awards program t..) recognize Owners and Generators in the County who implement exceptional or innovative Recycling pmgram~ for Non-Residential Property. SECTION ELEVEN: Recycline: Education and Promotion Proe:ram. The County Manager h hereby authori/.ed to e~tablish and implement a Recycling edul:ation and promotion pmgrJm for Owners and Generators in the County. TIle education and promotion progrJm may include. but is not limited to. public workshops. public service announcements, multi-media advertising. and direct mailings concerning the methods and henetits of Recycling 011 Non-Residential Property. SECTION TWELVE: Evaluation or Non-Residential Reevclin2 Prouam. As necJed. the County Manager shall pro\o'ide a report to the Board concerning the COUIllY'S Recycling progmm for Non-Residential Properly. The report shall address the \.'flixtivencss of the County's Rccyding program for Non-Residential Property. the general costs x hc.~~s~rr 2~~26~~ Page 14 of 22 ,md henctits associated with thiS program, and any changes that shnuld improve the effectiveness of the program. SECflON TlllRTEEN: Recvclin2 Service AID'eements. A Contractor shall provide a written Service Agreement to a Customer before the Contractor begins to collect that Customer's Recyclable Materials. The Service Agreement shall describe the services to be provided by the Contmctor. the fees to be paid by the Customer. and the other terms of the parties' agreement. SECflONlo'OURTEEN: Standards for Recycliu2 Contractors. A. No Person may Collect or trJns[l<lrt Recyclable Matt.'1'ials in the County for prol1t unless such Person has obtained a Certificate of Operation from the County. However. a .:ertilicd Rccnvered Materials dealer. as delincd in Section 403.7046. Horida Statutes. is not required to obtain a Certificate of Operation before engaging in bwrineslI in the County. B. ,\ not-for-profit Person is not required to obtain a Certificate of Oper.1tion before collecting or transporting Recyclable Materials in the County. C. Any Person may file an application with the County Manager for a Certificate of Opcro.ltion. The applicatinn shall be submitlCti on a fon" pl1.~parcd by the County Manager. The Jpplicant shall provide the information and documentation that is requested by the County \-buager. including but not limited to the following: I. The name. address and telephone number of the applicant; 1. A description of the vehicles that the applicant will use to Collect Recyclable Materials. including the make. model. and serial number of each yehicle; and 3. Certilkates of insurance demonstrating that the applicant has the following minimum insurance coyer age: commercial general liability insumnce of at least $1.000,000; business automobile liability insurance of at least $1,000.000; workers' compensation insurdnce of at least the statutory limits. unless otherwise provided by slate law; and umbrella liability insur.mce of at least $2,CXX).OOO. The ccrtiticales of insurance llhall state that the County will receive at least 30 days' written notice before cancellation or reduction of coverage. The ccnifieatcs of insurance shall indicate that the Board is a named insured in all of the insurance [l<)licies required by this Ordinance. with the exception of workers compensation. 4. A written statement ccrtifying that the applicant has reviewed and will \.~l)ll1p!y with all of the requirements in the Ccrtiticate Ilf Operation and this Ordinance. q Agenda Item No. 17F July 27, 2004 Page 15 of 22 D. If the County Manager determines that thc applicant c:mnplies with the terms of this Ordinam:c and all applicable laws. the County Manager shall b'Tant a Certificate of Opemtion. The County Manager shall deny ,ll) application for a Certificate of Operation jf the County Manager determines that the applicanl does not comply with the terms of this Oniinance or (lther applicable law. The County Manager may revoke a Certil1catc of Operation if the County Manager determines. after providing nntice and an oppn!1unity lor a hearing. that a Contractor has violated the provisions in a Ccrti 11cate of Operation or any <lpplicablc law. E. The County Manager shall appnwe a standard form that will be used as the County's CCltificate of Operation. The Certificate of Operation shall contain the conditions and limitations that are deemed appropriate by the Board. Thc C,~rtificate of Operation shall remain in effcct for a period of one ( 1 ) year. ullless the Board appro\ICs a longer duration by resolution. F. A Contractor shall provide each of its Custom,,,.s with Recyclable Materials Containers that arc sufficient to accommodate the quantity and types of Recyclable Materials that will be r\.'cycled hy the Customer. G. A Contractor shall conduct all of its activities in accordam,;c with all applicable laws and best management pra(;tices. A Contractor's vehicles. equipment and containers shall be kept in a clean and well-maintained conditioll. H. A Contractor shall not take a Customer's Recyclablc Materials to a landllll or othcr ,ite for disposal. unless the Contractor has R~ci\'(.-d a variance pursuant to Section 16 of this Ordinance. 1. Unless exempt from this rcquiremcnl pursuant to Chaptcr 62-722. Florida Administrative Code. a Contractor shall provide quarterly reports to the County identifying, at a minimum. the types and amounts ,)f Recyclable Material it collected. and each Recycling Facility to which the RIX)'dable Material was l4lkcn. The County Manager may require the Contractor to provide such other infonnation as the County Manager reasonably del\..'J'IT\ines is llCl.:Cssary, pmvidcd such request is \.'OnsislCnt with the provisions of Chapter 62.722. Florida AdministrJ.tive Code. SECTION FI....TEEN; Selr-Hauli~. A. If an Owner CollC\:ts the Rccyclablc Materials generated on its Non.Residential Property and transports [hose matcrials to a Re<.:ycling Fa<.:ility. without using u Contractor. the Owner shall. upon request. prepare a Self-Hauling Certilkalc for the County Manager. Agenda Item No. 17F July 27, 2004 Page 16 of 22 [Il B. If a Generator Collcct~ and transpOlt~ its Recyclable MateriaL.. to a Recycling Facility. without using a Contractor, the Gencmtor shall, upon request, prepare a Self-Hauling Ccni ficate for the County Manager. C. The County Mamlgcr shall approve a standard fonn that shall be used as a Self. Hauling Certilicate. At a minimum. the Owner or Generator shall provide the following infOlmation in the Self-Hauling Cerli!1cate: 1. The name, addrclt'l and telephone number of the Owner or Generator that is signing the Sclr-Hauling Certificate: 2. The address of the Non-Residential Property where the Recyclable Materials are gencmtcd: 3. The names of the Gcncr.ttors that arc transporting Recyclable Materials pursuant to the Sdf-HauJing Ccrtilicate: 4. A brief des\:ription of the activities or businesses that are generating the Recyclable Materials: 5. A list of the types of Recyclable Materials that arc being transported: 6. For each type of Recyclable Material. the amount that is being taken from the Non-Residential Property to a Recycling Facility each month: 7. The name and address of the Recycling Fad-lity; and R. -n,c Oc<.:upallonal Lkcnsc Ilumber(s) for the Non-Residential Propt.'rty. D. The Self-Hauling Certificate shall contain a written statement, signed by the Owner or Generator. cCftifying that the Owner or GcneT'dtor is in compliance with the requirements of this Ordinance. E. The County Manager may restrict or prohibit self-hauling by a Person if the County Manager determines, after providing notice and an opportunity for a hearing, that the Person's self-hauling activities violate the provisions of thi.. Ordinance or any other applicable hl\\o<. SECTION SIXTEEN: County Recvc1im! Centers. A. The County has established recycling centers for the benefit of the community. The County m:\y impose conditions and limit,ttions upon any Person that wishes to use the COllllty'S recycling centers. including limitations on the types and amounts of Recyclable ~taterials that will he ac~'cpted at the recyding centers. The County al<;o may charge fees for the . . . .... Agenda It~m No. 17F lIse nl" its rcCYl:ling I:entcrs. I he i,;ondnrons. Itmtlattons. (lnd tees ilppltcahlc to the rccYJUff 27 J 2004 Page 17 of 22 II centers ..hall be e~tablished by resolution of the Board. B. t\ ContT'dctor ..hall not deliver RC(:yclable Materials or Solid Waste 10 the County's recycling centers. unless the deliveries are approved in advance by the County Manager. SECTION SEVENTEEN: Variances. A. The County Manager shall grant an administrative variance from the requirements in this Ordinance when an Owner. Generator or other Person demonstrl1lcs that the application of the Ordinance would create a Substantial Hardship. B. Any Owner or Gcncmtor who dcmonstmtcs that. due to site s-pccitk conditions. the Owncr or Gencrator cannot simultancously comply with this Ordinance and the provision of any see lion of the Collier County Land Development Code or the provision of a duly adopted planned unit developmenL may seek a variance pursuant to Section 9.()4.00 of the Land Development Code. In the alternative. the County Manager may grant an administrativc variance from the requirements of thlS Ordinance. C. I\n application for an administrJLive variance pursuant to Subsections 11.A or 17.B. above. shall be submillcd to the County Manager on a form prescribed by the County Manager. An appli~ation for a variance from the County's Land Development Code pursuant to Subsection 17.B. above, shall be governed by Scction 9J)4.00 of the Collier County Land Development Code. The fee for a variance shall he e~lablished by resolution of the Board. D. Pursuant to Sc(:lion Five of the 2004 Land Developmcnt Code adopting Ordinance (Ordinance No. :!004-_), the rcquirement'; of Section 4.05.()4 (minimum nXluirements for parking spaces) and Section 4.06.00 (minimum requirements rOT ..isual screening) of the Land Development Code do not apply to a Person that tiled an application for a site plan approval before the eflcctivc enforcement date of this Ordinance, hut only if and only to the extent that the Person's compliance with this Ordinance precludes the Person from complying with the requirements in Sections 4.05.04 and 4,<)6.00 of the Land Development Code. SECTION EIGHTEEN: Inspections, Enforcement and Penalties. A. .n1C County Manager is uuthori:.r.cd to condu~t inspections on Non-Rcsidential Property for the purpose of determining whether a Person is in cnmpliunce with the requirements pf this Ordinance. The Cllunly \1anagcr also is auth01izcd tn inspc(.t any \C'hi~lIiadtem No. 17F July 27, 2004 Page 18 of 22 12 container used to Collc(;t or tmnsport RC(,'yclable Materials in the County for the purpose of cnsuring that the vehicle, equipment or (;\mtainer is not producing litter or leaking liquids or other residuals during transport. B. It shall be prima facie cvidenl.:C of a violation of this Ordinance if an Owner or Gcncl1ltor fails to have a Rc(;yclable Materials Container in use on their Non-Rcsidential Property. C. Tn provide the public with a reasonable opportunity to comply with this Ordinance. the County shall not seck any penalties for violations of this Ordinam,-e that occur within twelve months of the effective dale of this Ordinance. TIle deadline for compliance with this Ordinance may be postponed by resolution of the Board. D. The County Manager shall have Lhc power to enforce the p(1)Visions of this Ordinance tl1mugh (he County's Code Enforcement Board. The County Manag{.'t' alsn may enforce this Ordinance by using any olher enforcement procedure thal is approved by the Board in the futurc pursuant to a County ordinance. SECTION NINETEEN: Appeals. A. The County Manager is hereby granted the authority to resolve any quc~ti()ns ,\lncemi ng the proper interpretation and application of this Ordinance. B. Any decision of the County ~anager under this Ordinance may be appealed to the Board. Any appeal shall be initiated by filing a written petition with the County Manager within ten (10) days after the County Manager issues a WOllen decision cllnceming the matter in dispute. The petition shall describe the facts and issues in dispute and shall explain why the petitioner is entitled w relief. The petition shall be presented to the Board for its consideration as expeditiously as possible. but the petitioner shall be given at lcnst tcn (10) days advance notil.:C of the Board's meeting concerning the petition. At the Board's meeting, the petitioner shall have the burden of proving that it is entitled to the relief requcsted. SECTION TWENTY: Severabilih. If any clause. section or provision of this Ordinanee shall be declared to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorptJrutcdtherein. IJ Agenda Item No. 17F July 27, 2004 Page 19 of 22 SECTION TWENTY ONE: Conflict. The provisions of any other Collier County Ordinance that are incollsistent or in conflict with the provisions of this Ordinance arc superseded to the extent of such inconsistency or cllnl1icl. or wai\.ed when the subject of a variance granted pursuant to Section 16 of this Ordinance. SECTION TWENTY TWO: Inclusion in the County's Code orLaws and Ordinances. The provisions of Ihis Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County. Florida. The sections of the Ordinance may be renumbered or relettered to accomplish this goal, and the word "ordinance" may he changed to "section". "article". or any other appropriate word. SECTION TWENTY THREE: Effective Date. This Ordinance shall bc\;ome effective upon receipt of notice of its filing from the office of the Secretary of State of the State of Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida. this _ day of .2(1)4. DATED: :\ TrEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSI01'l'ERS COLLIER COUNTY. FLORIDA By: , Deputy Clerk. DONNA FlALA. Chairman Appmvcd as to form and lel,'lll sutT1cicllQr. Robert N. Zach..-uy Assi~lant County AtlOmCY 14 Agenda Item No. 17F July 27, 2004 Page 20 of 22 EXHIBIT 3 A voided Disposal and Administrative Costs 2003 20,800 ] 2.9'1" , 140,900 .,_n_n._ ..........,.... "....n ........ 2004 i 4.61% 169,200 21,800 12.9% i 147.400 . 559.01 i : "2005~:.:::~~::8~-- . '~....'.'.176~400-":~:::::~~:~..-t..... 13.6%..'."'.-: ...}.'I~-..:-...:(~i:400-~:-r.~:2!::I:::~~~~~::::r.::::_~~~~...__w 2006! 3.46% 182,500 26,400. 145% 2,400! 156,100 : 562.60 ! $150,249 : 5376.321 '._R'_.'~_.__"___"'_'_~__"_"~__.__"_"'_"__'_"'____._._______.._~.-.---.----.,.-..-..---..--.-.-.....-.-.-W"Y_'. .... .._._V"____._.~_.....--n _..n_._~_..,_~_~_._._............_..__~__.____.__..^____._..__._..-.,...,___.._..__.______._._+.___~__.__~n__._.__^_n__......--_~______,._.______. 2007 i 2.99% 188.000 29.000 15.4% 3.800; 159,000 . $64.48 i 5245,031 . 5218.986 .-.-.~......-.-.--t'..-.._._..-..A--_.___.___.~.___~ ".__.._.__._w_....-...._..__....._.n.._'.... .__._._.__."._~~. ..._.~...,..~...,...~.,..~~__~_._,.._._'~_. .____,. ....."_'~~_...._~....._...m.~..._".~_..~_'^.._,._,...,.._..~.._._._'_._~~_._.._.A.'._...~._.__~__.___.___~.._._._'......_______A..~....~.A.."M__..,...____...._._,,_.____.__,,_ .~~~j...__ 2.:~_..._+...._1?:~~~__.~__.__}~'<JOO___~..._...1.6.5..~.._..__~_.._5'-~!_._;.___)().1c'.7_~_.__.....__._~.:~~..._LJ}5.~!~~__j..._._._E?~~5.~__ ._~j_._}:~___+ __ J22.~_.._-...?~~.1~.-. . __..._l.!.?~"'_..._ ,___..7_,~~._..1.__._1.~,~~. ...........__.~:.~!...L.__~~~!~~._...;.____~~!J!?:~___._ ._;()I()J._ 2.82% 205,000 38.600 >-_ IlL8q,... ....... 9.4(]O_m.....1El6.,~.~ ...s.?o.~~ .... r .....~fJI!;,~~__.....~~~,Q!:4 2011! 2.66% 210.500 42.500 20.2% 11,800' 168.000 . 572.57 . $8.56,383 $237.968 _~.. '''_''A 'W._"+~'" .'~~_' ~_~"W 'A"__' ._.A.......... ...ww~~....~...., .~,.__~._ ". '_ .~.. ._,~..~.~..'".-...~. '" '-' _.M._..A..~'__.._.~. '.. ..' ,... .. ...,.. .~_.__.._ "'''~''A'''' ___." ^' ..~....__.___._..... __'''A''.'''''' '''_,'' ~ ........._~~.._..A.."._.+-_.M.'.. w._, _,,__ "._"....._~, _.." '.~~ ....._ ,.~.._._.~__-+-..___. .~.._,'..~. "...~"'~. ....w....._........... .}~I}.L. 2.66% 216.Joo 46.8~. . .. ... 21.7%. ........ 1~.6oo m.~6.?':3Q<>...m..._E4.7~. L.~I,Q9.1,~1.$?:.t?:~?CJ().. ._~().I~_+.m....2..?!,~_..._.~ .. _~~.1:~ _ 51.500 23.2%.... ..._ __~7:?f'!!.___~..._1.?(),~ .... .....~--...~.!6..?'J._.L..~ 1!~()~,~~...L_.~~~~.068 2014.1. 2.66%~Z7,700 56(700 24.9%' 21~2(X). . ...171,(J()() ."-.$.?9.3()t~.!A~1~~.L__~:?g~?!.,_ ..~2.!?-.L_.?:?~~__.__._._~~~:~~.. ......_._._~;~_..__...-.--- 26~!~_._ _._..___.?:?,: .I~._....... .._.I.Z.I!~Q()_ ..._ ..+...~.8.I:.(~._+_._g():5.0-'~?.L_._~?.?.~~?~___ 2016L 2.42%.. 68,600 28.7% 29,400,+ 170,600 .. $84.13 l 52,473.544 + $264,021 2017: 2.42% . 245,000 . 75,500 34.300 169,500: S86.66 i 52,972,375; $269.571 -.--------.-..-+----."...-..-.-~...~---...-..--...---...-.--.._. ..-_.- -'--'r-A_~--'_'-~' .......~~~-._.-.....,..-,._- "-..-.~.--....'.----,.'. ~ '. -. ~.._"'..-.--'~.-.-----~.,-'---..---".-~.......~., _.....-. --..."-~~'-"~-~.-_.--~......_---_.~.--~._--~.~-'--.-....-..---.--'-~t"...---~....~.._._..;.._-_w-.--. 2018' 2.42% 250,900 83.100 39,8<X) 167,800 $89.26 53.552,465: $275.232 . ....-... ... ........".... .... ......... ...... ... .,.... ,!,,,. .......... .. .,.. ...... .. .. ..,,,.....,,. '-."".'~.'~~"^" 2019... 2.42%, .....:!?7,(}()() 89,950 ... 44,~50 167 ,05Q~.$-<}J.lJ~ml~,g~6.,~_L~~lp12, ._~()~()_+.. ~~?7'Yc:__.~._ 2~2:8.~ _ 91. 98~._._..__ 35.0% 44.180_1?~!~?:(}__._..-..~.~:??-_.~_._~~!1_s._~,?~?__L__~~(},?_1~____ 2021 [2.13% 268,400 93,940 35.ifli ,n,740 174,460 597.53 i $4,266,161. $292,939 . _._......__.._.~m....._..._~_~,...~._'"._......._._~____~". ..~."_.,_~._.. .._. IJI-. ....-.-..... , --... -"."......~-_..___ ~ .. ----.. . -- ~.~- ,-..-..,........_~_.. ._~...~..."_...._.~'_.'"_~. .._..._.._..OV.....___._M_~...__...~.~_.....___.___.._.___..______..__........-_____..__~ __.O>'._~.. .._~_____ 2022: 2.13% 274.100 95,935 35JY,1 4:1,235 178,165 $100.46 i $4..343,413 i 5299.090 ,__"..~"""..~_..+~..~.-~..,v-~..". ,,~.". ,~_~..._..~...._, . -~ ,w~___ ,~.._ _____M .~.....__... .,.-~'".A..__.'"~__.~.e "" .." '", '_'_'_"'~" ,,~~.~ ", .' '^"o '_, . _.-'W.....A'~.._.__............~..~..,~..~..~,... ..._.~. _'wW'_ ._.~"..........~..,_.~. .~.. -.......AU~'"~'_-t..~,_.. ".~..:.~._.m '""'~'~'"A''_'~___'_'~_~~'M''''' ..,,_....'..._____............. 2lP...3 i 2.13% 279,900 97.%5 35.lY.ib 42,665 181.935 $103.41 $4.414,735' 5305,371 ,. .m..... _......~.--.. ........ ..... ........n......... ..,........_... ..... ,'m" ...~.... ...~_ ....n...._..._ .-......................-o-_'.m 2024 j 2.13% 285.900 100.065 35.lY:i0 4[.%5 185,835 SL06.58 i $4,472,572 $311.784 Tans' 483.535 $18,0fJ0,OOO $2,700,000 AlMUJIptions: (I) BMedon hisu,rical and projected lig4re$ per County weighted ave-rage population estittlaiCll and pro.iections. (2) Numbers are estimated to four significant digits. (3) COIII\J1en:ial W.l,"" stream value fnr 2003 i$ provide.i b)' Wa,te 'vlanagemenl, [nc. of "'1orida and i, aS$umed w increw;e atlhe :(ame growth rate as the population. (4) Rocycling tonnage without the proposed Ordinance for 2003 is provided by Waste \-lanagemem, Inc. of Horida and is as..'lUmed to increase by a 10% annual growth rnle, up to 35 % of the commercia! waste stream. (5) See Resource AlIocatiOll ~alrix. (6) Adminimmh'e co~ts escalated at 2.1 % per Collier CoulIty. (7) Cumulative tonnage 3SlIOCiated with implementing the Ordinance. 18) Net pm;ent value analysi, period i$ 2(X)4 - 2024. (9) Net present value analysis utilized a 6% discount rale. Agenda Item No. 17F July 27, 2004 Page 21 of 22 3 .... :::: Q "0 .;;; u 0:: . c:: o z !:' o -' <':$ "0 c:: <':$ :a .i1J '" ,.... ~ u '" <a 0 '" 8- ~ '" .:: 0 g "E '" -2 ~ .S '0 :>- ~ < -< . m vzm: ~ ,zot lZOC ozo<: 6roc SlOt LIOC 910t !rIm; ~ ~ " tlOt ;.. om; ,TOt nOt OIOC (~ sooz Loot 9O()l; Soot 5 ~ 8 .~ ~ as ~ ~ ~ I C> C> Q ~ g 8 g s: g 8 g 2. ~ '" Vi '" ~ .... on Ii ::t <'i ~ M N ... ..... <o't 'h ... ~ oot .,. '" lSO;:) pmuuv LL">tN I'-ON ..-0_ .N 0 o -N Zl'-N N E>.Q) Q)-O) _:Jro --,0.. ro -0 c Q) 0) <( .~ :r. >. ~ :::: ~ - ... ~ ...t:: U -' :r. o U ~ Q :::: u CQ Q :J :::: -.. <':$ ~ :::: ~:.a ~ . =0 =~ ~ :::: x~ ~~ '.j Q 0:: .- EXECUTIVE SUMMARY Recommendation to adopt Resolution increasing the Regulatory Assessment Fee from the current 2.0% up to 3.75% of the gross revenues for nonexempt., investor- owned water and/or wastewater systems subject to local regulation and the Florida Governmental Utility Authority, pursuant to Interlocal Agreement, effective October 1, 2004. OBJECTIVE: That the Board increase the existing regulatory a..~gessment fee of private water and wastcwater utilitics under local jurisdiction and lhe Florida Governmental Utility Authority, from the CUlTent 2% up to 3.75%, clTcctive October 1. 2004. CONSIDERATIONS: Pursuant to Ordinancc No. 96-6. as amended. investor-owned water andlor wastewater utilities under local regulatory jurisdiction include Orange tree Utilities Company, Inc., Goodland Isles. Inc., and North Marco Utility Company. Also. the Florida Governmental Utility Authority (Golden Gate City system) is subject to the Regulatory Assessmcnt Fec pursuant to an Intcrlocal Agreement with the County, wherein the County retains regulatory oversight regarding rates, quality of service, and customer service issues. .,-.. Thcre are approximately 5,600 customers of watcr and wastewater utilities subjcct to the regulatory assessmcnt fec in unincorporated Collier County and the City of Marco Island. Fee History. With the resumption of Collier County's regulatory jurisdiction in 1996, the Cmmty initially collected regulatory assessment fees from utilities at the maximum rate of 4.5% of each utility's gross revenues - the same rate charged by the Florida Public Scrvice Commission, for the period 1986 through 1995. The fee is passed through to customers as part of the utility user rate. On October 1. 1997, Board decreased the fee from 4.5% to 3%. and on October 1, 1998 the Board dC<..Tcased the fee from 3% to 1.5 % of utilities' gross revenues. Impacted by Board policy to transfer interest revenues to the General Fund, the fee was increased to 2%, effective October 1,2003. The lluctuating fee levels, as compared to the original 4.5% level also charged by the Florida Public Service Commission, resulted in savings to customers from FY98 through FY04 of some $4 million for the six year period ending September 30, 2004. Utility Regulation Staffing. Since 1996, the Utility Regulation Element has been staffcd by four (4) FIE's; a director. an administrative assistant, and two tlscaJ/management analysts. With the reduction of the number of utilities regulated, staff was reduced through attrition by one (1) FTE in January 2003 and one (1) FIE in October 2003. ..-.. Agenda Item No. 17G July 27,2004 Page 1 of 5 The revenues generated by the fee should closely pamllel staff expenditures related to the regulatory process, while maintaining a rcserve for contingencies. Over the past six years, opcmtional costs have stcadily incrcased to outpace revenues and intcrest on reserves. Revenue and interest shortfalls for FY02, FY03, and FY04 caused a marked reduction in reserves fmm $1 million to thc current level of $500,000. FY05 Budget. Despite the elimination of two full-time staff positions in FY03 and FY04 in view of the decreasing number of reg dated utilities, projected expenditures still exceed projected revenues, mainly due to the City of Marco Island's acquisition of Florida Water Services Corporation's Marco Shores and Marco Island water and wastewater systcms on Novcmber 8, 2003. In an effmt to curtail the annual drain on reserves, staff recommcnds an increase in Regulatory Assessment Fees from 2% to 3.75%, effective October 1, 2004. This increase will generate approximately $95,000 in additional revenue, stabilize reserves, and establish revenues that closely parallel operational costs. DUling the Board's June 29, 2004 FY05 Budget Workshop, the staff recommendation was prcsented to the Board for consideration. Any change in the fee requires adoption of a resolution by thc Board after public hearing, sixty days prior to the effective date of the adjustment of thc fce, pursuant to Ordinance No. 96-6, as amended. Customer Impact: The typical utility customcr with a monthly water/sewer bill of $60 will realize an increase of approximately $1.05 a month, or $12.60 annually. FISCAL IMPACT: Increase of the regulalory assessment fee from 2% to 3.75% will increase annual revenues to the Utility Fee Trust Fund (669) by approximately $95,000 resulting in projected fee revenue for FY05 of $206,400. GROWTH MA1~AGEMENT ThfPACT: 111is action has no impact on growth management. RECOMMENDATION: Recommend adoption of a Board of County Commissioners' Resolution to in<...'!case the current Rcgulatory Assessment Fee from 2% up to 3.75%, effective October I, 2004, thereby authorizing the Collier County Water and Wastewater Authority to adjust water and/or wastewater rates of all regulated utilities, as appropriate. .- Agenda Item No. 17G July 27, 2004 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 17G Item Summary Recommendation to adopt Resolution increasing the Regulatory Assessment Fee from the current 2.0% up to 3.75% of the gross revenues for nonexempt, investor-owned water and/or wastewater systems subject to local regulation and the Florida Governmental Utility Authority, pursuant to Interlocal Agreement. effective October 1, 2004. Meeting Date 7127/20049:00:00 AM Prepared By Bleu Wallace COES Operations Director 7/6/200412:46:14 PM Community Development & Environmental Services COES Operations Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 7113/200411 :14 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 7/14/20041:01 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 7115/200410:44 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 7/15/20042:24 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 7/8/20048:02 AM Approved By Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Constance A. Johnson 7/9/200411:26 AM Approved By Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date Sandra Lea 7/9[20042:12 PM Agenda Item No. 17G July 27, 2004 Page 3 of 5 RESOLUTION NO. 2004-_ A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUM'iT TO SECfION 1.12(e). COLLIER COUNTY ORDINANCE NO. 96-6, AS ,\.\1ENDED. EST ABLISmNG THE REGULATORY ASSESSMENT FEE OF 3.75 PERCENT OJ? GROSS REVENUES FOR NONEXEMPT PRIVATE WATER AND W ASTEW A TER UTILITIES UNDER LOCAL JURISDICTION AND FLORIDA GOVERNMENTAL UTILITY AUTHORITY; DIRECTING TIlE COLLIER COUNTY WATER Al'1D WASTEWATER AUTHORITY TO ADJUST WATER AND/OR WASTEWATER RATES OF SAID UTILITIES, AS APPROPRIATE. WHEREAS, Resolution No. 96- 104 excluded Collil.>r County from thc provisions of Chaptcr 367, Florida Statutes, thereby assuming certain subjcct malleT jurisdiction over nonexempt waler and wastewater utilities operating in unincorporated arcas of COlliCT County; and WHEREAS. Ordinance No. 96-6. .l.S amendcd. estahlished the Collier County Water and Wastewater Authority (AUTHORITY) and spt'Cific powers and duties; and WHEREAS. Section 1-12 (E). Ordinance No. 96-6. as amended. provides fUrlhe Boanl of County Commissioners (BOARD) to determine the amount of the regulatory assessment fee from time to time after public hearing. but nOl t(l become effective earlier than sixty (60) days after adoption of each stich implementing Resolution; and WHEREAS, nn June 29. 2IX)4, during the FY05 Budget Workshop, staff recommended an im:rease of the regulatory assessment fee from 2.0 percent to 3.75 percent, effective October 1, 2()()4; and WHEREAS. BOARD indicatcd its COnt~urrclKC with the staff rccommendation to increase the fee: and WHEREAS. pursuant to Ordinance No. %-6. as amended, only the BOARD may adjust regulatory assessment fees after it duly advcrtjSt'd public hearing; and WHEREAS. the AUTHORITY is authorized to adjust water and wastewater rate tariffs of nonexempt private wal.Cr and wastewater utilities under its jurisdiction tl) retlect each change in regulatory assessment fees authorized by the BOARD. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: 1. The regulatory assessment fec is hereby established at 3.75 percent, cffe~live October I. 2(X>4. of gross revenues fOT nonexcmpt private water and wastcwater utilities u.nder tht~ County's jurisdiction. 2. The regulatory assessment fee is als\) hereby established at 3.75 percent, effective Octubcr 1.2004. for the FI\)rida Governmental Utility Authority {Golden Gate System) pursuant to the 2<X)() Interl\)cal A!,'TCcmcnt for regulatory oversight. 3. The Collier County Water .md Wastewater Authority shall adjust the water and wastewater tariff... of all utilities subject to the regulatory assessment fee to retlect tht~ increase in the regulatory assessment fce. Agenda Item No. 17G July 27,2004 Page 4 of 5 This Resolution llu,)ptcd this _ day of and majority vote favoring adoption. ATTEST: DWIGHT E. BROCK Clerk BY: Deputy Clerk , 2(X)4 after motion, secom.l. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufticicncy: By: Thomas C. Palmer. Assistant CnulllY Auomey DONNA FIALA. CHAIRMAN Agenda Item No. 17G July 27,2004 Page 5 of 5 .-... EXECUTIVE SUMMARY Recommendation to Consider Adoption of an Ordinance to Amend Collier County Ordinance No. 87-60 to Authorize the County's Transportation Department to Issue Permits that Authorize In-the-traveled-road Solicitations of Charitable Contributions OBJECTIVE: That the Board of County Commissioners adopt the attached Ordinance to amend Collier County Ordinance No. 87~60 (codified in Section 26-1 of the Collier County Code of Laws and Ordinances) to allow the County's Transportation Department to Issue permits that authorize in-the-road (intersections) solicitations of charitable contributions while the intersection is open to vehicular traffic. ",-.. CONSIDERATIONS: Although the activity of pedestrians walking about at traveled road intersections to solicit money contributions from motorists and occupants of vehicles then traveling on such intersections is inherently dangerous, the attached Ordinance imposes many requirements to protect against the safety aspects to the greatest extent reasonably possible, including requiring that all individuals who will conduct any such in-the-intersection activity have received training about the dangers of all such in-the-traveled-road activities. Ea.ch permit applicant can acquire only one permit per calendar year and only State of Florida registered charities that are also federal income tax exempt are permit eligible. The Ordinance requires the Applicant to provide substantial insurance to protect the County and staff, the Sheriff's Office and staff, as well as the public, and that an Informed Consent and Waiver must be signed by each individual who will engage in any in-the-road activity. A few provisions in Section 2.1.15 of the County's Land Development Code conflict with these proposed ordinance amendments. Amendments to LDC Section 2.1.15 are being proposed to the Board by staff through another agenda item on today's Board agenda. If those LOC amendments are caused by operation of that other agenda item, all conflicts between the LDC and the subject Code of Laws and Ordinances amendments will be eliminated. Included as backup to this agenda item is (1) the form Application for Permit to Solicit Charitable Contributions at Public Road Intersections, and (2) the Informed Consent and Waiver form. FISCAL IMPACT: Fiscal impact is limited to the indirect fiscal impact of the Transportations Department's staff processing the permit applications and issuing the permits. ",-.. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners enact the attached Ordinance, subject to input, if any, at the Board's public h~~~H8a Item No. 17H July 27, 2004 Page 1 of 13 Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17H Ordinance to Amend Collier County Ordinance No. 87-60 to Authorize the County's Transportation Department to Issue Permits that Authorize In-the- traveled-road Solicitations of Charitable Contributions 7/27/2004 9:0000 AM Prepared By Kay Nell. CLA County Attorney Legal Assistant 71151200411:56:27 AM County Attorney Office Approved By Thomas Palmer County Attorney Assistant County Attorney Date County Attorney Office 7/151200412:37 PM Approved By Nancy Bradley County Attorney Legal Secretary Date County Attorney Office 7116120049:15 AM Approved By Norm E. Feder, AICP Transportion Services Transportation Division Administrator Date Transportation Services Admin, 7119120043:15 PM Approved By David C. Weigel County Attorney County Attorney Date County Attorney Office 7120120049:01 AM Approved By Pat lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7120/20049:15 AM Approved By MichaelSmykowski COllnty Manager's Office Management & Budget Director Date Office of Management & Budget 7120120049:43 AM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 7/20/20042:11 PM Agenda Item No. 17H July 27, 2004 Page 2 of 13 ORDINANCE NO. 2004 - AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 87-60 TO AUTHORIZE ISSUANCE OF PERMITS TO ALLOW CHARITABLE SOLICITATIONS AT ROAD INTERSECTIONS SUBJECT TO CONDITIONS; DELETING IMPRISONMENT AS A PENALTY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in Ater v. Armstrong, 961 F.2d 1224 (61t! Cir. 1992), the U.S. Court of Appeals held that a government can lawfully authorize charitable solicitations in traveled public road rights-of-way and not allow distribution of literature or any other form of expressive conduct in the traveled road provided the regulations are content neutral; and WHEREAS, in United States v. Kokinda, 497 U.S. 720, (1990), the U.S. Supreme Court held that a content neutral distinction can be made between solicitation and distribution; and WHEREAS, in Heffron v. Int'l Soc. Of Kr;sna Gonse., 452 U,S. 640, (1981), the U.S. Supreme Court held that the solicitation of money and the distribution (of literature) are two different categories of speech; and WHEREAS, the provisions in this Ordinance are content neutral; and WHEREAS, the Board of County Commissioners desires to authorize the County's Transportation Department to issue no-fee permits to permit charitable solicitation of instant contributions of money from occupants of vehicles that are stopped by traffic control devices at road intersections in unincorporated Collier County provided the permit applicant is exempt from federal income taxes pursuant to the United States Internal Revenue Code and is registered with the State of Florida as a "solicitor of contributions' under Chapter 496, Florida Statutes, or has been issued a "letter of exemption" under that Chapter. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, flORIDA, that Collier County Ordinance No. 87-60 is hereby amended as follows: SECTION ONE. Section Two of Collier County Ordinance No. 87-60 (the same Ordir.ance being Section 26-1 of the Collier County Code of Laws and Ordinances) is hereby amended as follows: SECTION TWO: PREVENTING THE USE OF PUBLIC AREAS FOR COMMERCIAL LOCATIONS. To prevent the use of public streets or public places as permanent, semi- permanent or temporary commercial locations, except when otherwise authorized by this Ordinance or the Board of County Commissioners, it shall be unla'.'Aul a violation of this Ordinance for any unauthorized person to: A. Sell goods, merchandise, property or services~ whether for profit or nonprofit purposes, or to display advertising of any sort from any permanent, semi-permanent or temporary location, upon any public right- of-way, or in any public place as defined herein until and unless such person, is specifically permitted in writing to do so by the County, and where the County has only easement interest, such person must also be specifically permitted in writing to do so by the legal title holder of the underlvinq real property that wRi6A is subject to the County's easement. underlined text IS added; str'Jsk lR~ugll text is deieted. Agenda Item No. 17H July 27,2004 Page 3 of 13 B. Park or stop any motorized or trailer vehicle, pushcart or animal-drawn conveyance in any public right-at-way or in any public place for the purpose of making or soliciting sales. C. Sell, solicit sales, vend, or serve any goods, merchandise. prooerty or service eHeeQ by any means~ including the use of vending machines. in the public rights-of-way or other public place, or witRin egO teet Elf any profi)srt'j a'NRsa ar a~eratsg for f'll:ll3lie Elr I'lri\'ate sehGol pl:lrf'lEl6El6. or for any person to station himself, or operate any roadside stand or establishment within the public right-of-way or other public place. D. Make any commercial use of the public right-at-way or other public place, including placement at commercially related signs. E. Sell or display tor sale vehicles in the public right-at-way or other public place. F. Be within the outermost edaes of a road riaht-of-way when the road is open to traffic. to displav advertisina (excludina hand. held political soeech sionaae off the traveled road); or to conduct any business or commerce: or to attach anvthina to any vehicle: or to distribute anvthina to. or acceot anvthina from. any person. includina any occuoant at anv vehicle beina operated on (or parked on) the road riaht-ot-way. G. In-the-road sales. 'n-the-road distributions. roadside sales or roadside distributions except as authorized by the County to be conducted onlv when the road is temoorarily closed to vehicular traffic. SECTION TWO. New subsections F and G are hereby added to Section Three (entitled "Exceptions") of Collier County Ordinance No. 87-60, as follows: F. Charitable Solicitations at Traveled Road Intersections. 1. In this subsection. "Road" means all aeoaraphic areas between the two exterior-most edaes of oaved or unoaved surfaces available tor and beina used tor vehicular travel or parkina. includina medians and shoulders. All oublic and private roads. includina roads seoarated by one or more medians. have two (2) exterior-most edaes. "Road" includes streets. hiahways. alleys. and other nouns that are used to describe facilities tor travelina by. or in-the-road parkina ot. motor vehicles. This subsection aoplies to all roads over which Collier County then has traffic control iurisdiction. "Pedestrian" means everv individual who aces onto the traveled road to interact with any operator or occupant of any vehicle beina operated on the road. includina each suoervisor while the suoervisor is on the traveled road surface. "Participant" includes the oermit apolicant. each pedestrian. each supervisor. and everv other individual associated with the applicant and who is in the road durina any of the subiect in-the-road activities. 2. A one-time Def calendar vear permit only to solicit charitable contributions at road intersections in unincorporated Collier County then ooen to vehicular traffic may be acauired from the Collier County Transoortation Deoartment. subiect to continued comoliance with all of the followina: a. Eliaible Permit Aoolicants. The aoolicant must be federal income tax exempt under the United States Internal Revenue Code and must be rElQistered as a solicitor of contributions oursuant to Chapter 496. Florida Statutes. or have an annual letter of exemotion issued to the aoplicant oursuant to that Chaoter. b. Permit Apolication. (j) There shall be no tee tor the permit. The applicant shall submit to the complete. executed. standard application form to the Countv's Transportation. No incomplete application shall be accepted. If the A~i9~tem No. 17H July 27,2004 Page 4 of 13 2 underlined teXl is added; stRJsk IR'" teXl is deleted. form is not accepted by staff for any reason. staff. not later than five (5) workdavs followina receipt of the application. shall inform the applicant in writina of the reason(s) for non-acceptance. The time period for staff approval or denial of an application shall not commence until a complete application form is accepted. Each complete form shall be processed on a first applied-for. first processed basis. The Transportation Department shall either deny the complete permit application (for stated reasons) or arant the permit. within ten (10) workdays followina receipt of the complete application. If the Transportation Department does not make a final decision to approve or deny a complete application within ten (10) workdays after staff's receipt of the application (includina proof of reauired insurance). the application shall be deemed to be approved. Each permit application must reauest a specific time period to solicit contributions not to exceed seventy-two (72) consecutive hours. No applicant shall reauest that the solicitation time period commence more than sixty (60) calendar davs after. nor sooner than fourteen (14) calendar days after. the submittal date of the complete application. The applicant can reauest (and be permitted) to solicit contributions concurrently at several intersections. but only one permittee may solicit at any intersection at anyone time. Oi) Insurance. Each application must include a Certificate of Liabilitv Insurance showina proof of aeneral liabilitv insurance that has policy limits of not less than one million dollars Der occurrence for personal iniurv/death: one million dollars for property damaae: at least $100.000 fire damaae (anyone fire): at least $5.000 for medical expenses (anyone person): at least two million dollars aeneral aaareoate. and at least two million aaareaate for comprehensive liabilitv. products. All such insurance must be in effect throuahout the solicitation time period. The permit shall automatically be rendered void if the reQuired insurance is not continuously in full force and effect throuahout the solicitation time period. The insurance must insure the applicant (entitv or individual). all participants. and all third Darty claimants who may assert claims for personal iniury. death and/or property damaae alleoed to have been caused by. or resulted from, the applicant's in-the-road activity. Collier County must be a named insured. c. Times for In-The-Road Solicitations. All in-tha-road solicitations must be conducted only durina Saturdavs. Sundays. federal holidays and Florida holidays. and not before 7:00 A.M. nor after 7:00 P.M. No solicitation shall be conducted when rain is fallina or when there is any other activity. phvsical barrier pr ohvsical condition that limits the visibilitv of any participant or vehicle operator. d. Participant Eliaibility. Each individual participant must be at least twenty-one (21) years of aae. must sian the County's Informed Consent and Waiver. and supplY his/her sianed Consent and Waiver to the County's Transportation Department before enaaaina in any of the subiect in-tha-road activities. Each participant must be (or have been) a Fireman. Police Officer (includina Military Police). or other law enforcement officer who has been trained reaardina the phvsical danaers of in-the-road activity when roads are open to vehicular traffic, or other individual who has satisfactorilv completed a safety trainina course appropriate to safety considerations of in-tha-traveled-road activities and such course was sponsored by the National Safety Council or other similar orcanization. e. Participant Behavior Durina In-The-Road Activitv. (i) Each participant must wear a hiahlv visible (orange or other Iiaht colored vest) or reflective vest whenever enaaaed in any in-tha-road activity. Each pedestrian shall approach onlv stopped vehicles and shall obey all traffic laws. traffic control devices. and instructions from any law enforcement officer or County Code Enforcement Officer. No participant shall act in any unprofessional manner. includina dancina. chantina. or oraanized sinaina: nor use or be under the influence of any alcoholic beveraae or drua. No participant shall persist solicitina any individual after that solicitation has been refused: nor demand. Agenda Item No. 17H 3 July 27,2004 underlined text is added; slrusk tRrlollext is deleted. Page 5 of 13 threaten or intimidate any member of the public: nor suaaest or implv that the applicant (or any participant) is a representative of any aovemmental entity. or otherwise misreoresent identity. authority or purpose. (ij) No more than two (2) pedestrians may ao onto the traveled road of any two (2) lane intersection at anyone time, includina one-way roads. No more than eieht (8) pedestrians shall at one time be in the traveled part of a divided road intersection. If more than two (2) pedestrians are on the traveled part of the road or intersection at anyone time. the pedestrians must at all such times be accompanied by a suoervisor nearby at the intersection (and not on the traveled surface). and the supervisor must monitor the traffic situation and aoplicable traffic control devices. and audiblv alert the pedestrians the instant the applicable traffic control device chanaes (includine left turn arrow. liaht turns vellow. etc.). and whenever there is any other chanae in circumstances that for any safety reason reasonablv necessitates instant curtailment of the in-the-road activities. om Solicitation is limited to the vehicle operator's (left) side of the vehicle, includina on roads that have medians (or other interior raised curbs) and the pedestrian uses such median or interior area. One sinale-faced or double- faced hand-held sian per pedestrian is allowed. The permittee may have one of its operations vehicle lawfullv parked at or near the intersection, and may use the vehicle's tiahts. includina its flashina liahts. provided such liahts are usuallv installed on the vehicle. Except to the extent if any. prohibited by law. the permittee mav use cones in the road to the extent the permittee deems such cones appropriate to promote safety and no cone impedes the flow of traffic. (iv) The followina are prohibited: sound amplification. drum. bell. tambourine. homo and/or any other sound-makina device. f. Eliaible Intersections. In-the-road solicitation shall be permitted only at sianalized road intersections then controlled bv functionina traffic control liahts (which excludes intersections controlled bv flashina liahts. stop sians. yield riaht of way sians. etc). In-the-road solicitation is limited to instantly receivina on Iv leaal tender currenCY (bills and/or coins). 3. Permit Suspension or Revocation. If any participant is observed by a County Code Enforcement Officer. Deputy Sheriff or other authorized law enforcement officer. to be violatina any provision of this subsection or any aDolicable taw. rule or reoulation. the Dermit to solicit at that sDecific intersection may ~e summarilY revoked by such officer. wherebY all in-the-road activity at that intersection shall cease immediatelY. Staff may susDend or revoke the issued permit to solicit whenever any reouirement does not continue to exist. such as loss of federal income tax exemption. loss of active status as a reaistered solicitor of contributions. lapse of active insurance. any misrepresentation in the application (includina its exhibits). or any in-the-road activity bY any participant who did not sian the County's Informed Consent and Waiver and have such sianed Consent and Waiver delivered to the Transoortation Department staff. 4. Appeals. Staff's denial of an apolication (or staff's revocation of an issued permit) mav be apoealed in writina to the County Manaaer by deliverina the appeal to the County Manaaer's office not later than ten (10) days after the applicant's receipt of notice of the denial or revocation. The County Manaaer should render a decision on the aPDeal not later than ten (10) workdays after receipt of the appeal. The County Manaaer's decision shall be the County's final action on the aopeal. 5. Issuance of a permit is not any endorsement by Collier County of the permittee or its activities. 4 underlined text is added: etruGk IRrll text is deleted. Agenda Item No. 17H July 27, 2004 Page 6 of 13 G. This Ordinance (No. 87-60. as amended) does not aeoly to oolitical camoaianinq nor to any individual authorized by law to enqaqe in authorized in- the-road activity. such as. and not limited to. on-duty law enforcement officer in the eerformance of duty. or authorized activities of employees at toll booths. SECTION THREE. Subsection A in Section Five of Collier County Ordinance No. 87-60, is hereby amended as follows: SECTION FIVE, PENALTY (ETC.) A. Penalty: Each violation of this Ordinance is punishable by a fine not to exceed five hundred dollars ($500) or ~y im~FisoRmeRt in the COIIFlty jail Rot to oxoeed &i~y (eO) days, or ~otJ::l. Imerisonment shall not be a eenaltv exceot for contemot of court. Each day of continued violation sRall may be considered a separate and distinct 9ffeR6e violation. Prosecution Be a misdemeanor in a court shaU not preclude atAef administrative remedies available in law and eq\:lity. ffi addition any Each firm, partnership, corporation, individlJal or other entity that. and/or individual who. is found in violation of the I'lro...isiOR& of this effi6e Ordinance shall pay all costs and expenses insl:IrreEl iR tRe ~ro&esl:ltiOA of sl:lsJ::l violation as provided for bv the rules of the resoective enforcement forum. SECTION FOUR. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portion. SECTION SIX. EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of .2004. ATTEST: DWIGHT E BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By; By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: 5 urderlined lext IS added; t;\(~.k tAn.< lext is deleted. Agenda Item No. 17H July 27, 2004 Page 7 of 13 ~ COLLIER COUNTY TRANSPORTATION DEPARTMENT'S APPLICATION FOR PERMIT TO SOLICIT CHARITABLE CONTRIBUTIONS AT PUBLIC ROAD INTERSECTIONS Application for Permit to conduct in-the-road charitable solicitations in Collier County, Florida, pursuant to Collier County Ordinance No. 87- 60, as amended. The Applicant affirms that (1) it has received a copy of this Ordinance and a copy of the County's Informed Consent and Waiver, (2) that the Applicant shall inform all "participants" of the requirements of that Ordinance; and (3) that the Applicant will ensure that each participant shall fully and continuously comply with the Ordinance. 1. Applicant Names is: 2. Applicant street (and mailing) address is: 3. The name and title of the individual for County Staff to contact is: 4. Applicant's telephone number is: 5. Applicant's facsimile telephone number is: 6. Applicant's e-mail address is: 7. The "requested duration" of Applicant's applied-for in-the-road charitable solicitations is from on the _ day of , 20_ until on the _ day of , 20_; a cumulative total of hours. (The total duration shall not exceed seventy-two (72) hours). Applicant requests to conduct its in-the-road solicitations during the following dates: No in the road solicitation shall commence before 7:00 A.M. and shall cease not later that 7:00 P.M., and all shall be within the applied-for intersections. Each date (as specified above) is either a Saturday, a Sunday, a holiday of the State of Florida, or a federal holiday. Agenda Item No. 17H July 27, 2004 Page 8 of 13 8. The Applicant hereby applies to conduct its charitable solicitations at the following intersections: 9. Proof of required insurance is attached as Exhibit "A." 1 O. Applicant plans to have the following number of participants . The names of all now known individuals (each being at least 21 years of age) who plan to participate are listed below. Specify (by the identifying letter) how each participant is (or has been) either: (A) Fireman, (8) Police Officer; (C) Military Police, (0) other law enforcement officer who has ever been trained regarding the physical dangers of in the road activity when roads are open to traffic, or (E) other individual who has satisfactorily completed a safety training course appropriate to the safety considerations of in- the-road solicitation and the course was sponsored by the National Safety Councilor other similar organization. Also, specify whether the individual is to be a Solicitor ("SOL") or Supervisor ("SUP") or ("BOTH"). (Extend this list as an attached Exhibit liB" if needed.) Indicate whether an Exhibit "B" (is) (is not) attached: 11. Applicant affirms that no individual associated with the Applicant shall participate in any in-the-road solicitation until each such individual has personally signed the County's Informed Consent 2 Agenda Item No. 17H July 27, 2004 Page 9 of 13 and Waiver, and each such signed Informed Consent and Waiver has been delivered to, and has been received by, Collier County's Transportations Department. DATED: I verify that all information in this application, including its Exhibit(s), is correct and complete. Signature, Printed Name and Title of Applicant's Authorized Representative For Staff Use Only ..**w*********************************************************************** Date Oriainal Application was received by Staff: Date Comolete Application was received by Staff: Date Permit was (issued) OR (denied): Date Notice of Staff's decision delivered to Applicant: ST AFF NOTES: 3 Agenda Item No. 17H July 27, 2004 Page 10 of 13 INFORMED CONSENT AND WAIVER IN THE TRAVELED ROAD SOLICITATION AND/OR EACH OTHER IN THE TRAVELED ROAD ACTIVITY IS HIGH RISK ACTIVITY, WHICH CAN CAUSE OR RESULT IN SERIOUS PERSONAL INJURY, DEATH, AND PROPERTY DA1\1AGE AND DESTRUCTION. THE FOLLOWING INFORMATION MUST BE READ, UNDERSTOOD, INITIALED IN ALL OF THE INDICATED PLACES, WITNESSED AND SIGNED BEFORE ENGAGING IN ANY IN THE ROAD ACTIVITY IN COLLIER COUNTY, FLORIDA. DO NOT SIGN THIS AGREEMENT IF YOU DO NOT UNDERSTAND IT COMPLETELY! YOU ARE GIVING UP IMPORT ANT LEGAL RIGHTS. My Applicant to conduct in-the-road activities is (print the name of the Applicant for which you plan to conduct in-the-road activity in Collier County, Florida). "Road" refers to all geographic areas between the two exterior-most edges of paved or unpaved surfaces available for and being used for vehicular travel or parking. including medians and shoulders. The defmitions in Ordinance No. 87-60, as amended, apply to this document. I understand that throughout this document "representative" includes, but is not limited to, the Board of County Commissioners, all elected and non- elected officers and officials, employees, servants. contractors. subcontractor, materialmen and supplier. and every representative of any of the same at every tier. Throughout this document, damage and/or loss always includes all direct and indirect actual and/or consequential damages of every type and description, including pain. suffering, mental anguish, inconvenience, loss of consortium, and all similar or dissimilar damages and losses. I (INITIAL HERE) _ 1 am 21 years of age or older. I am signing this Informed Consent and Waiver because I desire to be permitted by the Collier County Transportation Department to engage in in-the-road activity. I appreciate. understand, agree, and hereby assume, all risks and all responsibility for my actions and my inactions when engaged in each and every such activity. I, (INITIAL HERE) _ know, appreciate and understand that I can be seriously injured. or even be killed, when on any road when any vehicle is being operated on the road or is stopped at any traffic control device. I know, appreciate and understand that, despite all precautions, IN THE ROAD ACTIVITY IS DAl"lGEROUS and could result in personal injury TO ME, or even MY death. I, (INITIAL HERE) _ hereby disclaim and waive any and all liability for myself and for Collier County, the Board of County Commissioners, the Collier County Sheriff's Office, and each and every representative of all of the same, for personal injuries and/or losses to me, for my death, and all other possible damages and/or losses to me and to my tangible and/or intangible property of thing arising directly or indirectly from any of the subject in-the-road activities. Agenda Item No. 17H July 27, 2004 Page 11 of 13 I, (INITIAL HERE) _ sign this Infonned Consent and Waiver for myself and on behalf of my heirs, distributors, executors, administrators, guardians, legal representatives and/or assignors whatsoever or whomsoever, as well as every present or future representative(s) whatsoever or whomsoever, of every possible description. I, (lNITlAL HERE) FULLY APPRECIATE THE MANY RISKS OF IN-THE- ROAD ACTIVITY AND I FULLY UNDERSTAND AND AGREE THAT even when all rules and regulations are strictly obeyed, in-the-road activity can cause, or result in, death(s) and serious personal injuries, and other losses, not only to the solicitors, supervisors and/or other participant(s), but also to motorist(s) and/or occupant(s) of vehicles, and others, and can cause or result in property damage and/or property destruction and/or other losses. I, (INITIAL HERE) _, being fully aware and appreciative of dangers involved in making solicitations on any road (or merely being physically present at a road) when vehicles are stopped at traffic control devices, or are moving on a road, I hereby waive and disclaim any and all liability of Collier County (a political subdivision of the State of Florida) and of the Board of County Commissioners (and every member thereof), and of the Collier County Sheriff, and every agent and every "representative" of any and all of the same, with regard to any and all personal injuries to myself and all other individuals whomsoever or entities whatsoever, as well as my death, and of any and all damage to (or destruction of) my property, and all other damages and/or losses whatsoever, provided any of the same arise directly or indirectly from my engaging in any in-the-road activity (including merely being present anywhere on, or at, the road). I, (INITIAL HERE) _ shall not be an agent or representative of Collier County, the Collier County Sheriffs Office, and/or of any representative of any of the same with regard to any of these activities. I shall be only a permittee of my Applicant. I shall engage in all of the subject activities only on behalf of my Applicant, always in accord with applicable laws, rules, regulations, and my Applicant's policies. 1, (lNITIAL HERE) _ HEREBY PROMISE AND AFFIRM THAT: 1. I have received adequate and proper training regarding in-the-traveled-road activities either as a Police Officer (including Military Police), or Fireman, or other law enforcement officer who has been trained regarding the dangers of in-the-road activity when roads are open to traffic, OR have satisfactorily completed a safety training course appropriate to the safety considerations of in-the-road activity and that said course was sponsored by the National Safety Council or other similar organization. 2. I shall be extremely careful, cautious and totally prepared. 3. I have recently read, understand and shall continuously abide by all provisions of Collier County Ordinance No. 87-60, as amended, and which apply to the "participants." 4. I have reviewed my Applicant's policies regarding in-the-road activity. 5. I shall not be lax or overconfident. 2 Agenda Item No. 17H July 27, 2004 Page 12 of 13 I, (INITIAL HERE) -' being fully appreciative of all risks and dangers involved with in-the-road activities, hereby disclaim and waive any and all liability in tort. equity, and otherwise, for damages and/or losses, direct or consequential, including from any and/or all defect(s) in design, material, workmanship. servicing, and/or assembly of every road intersection, road and/or road right-of-way (including medians and road shoulders), whether caused by negligence of Collier County or suffered by Collier County, or caused by, or suffered by, the Collier County Sheriffs Office or any representatives of Collier County, of the Collier County Sheriffs Office, and/or of my Applicant. I take every road and all other real and/or personal property "as is" with all defects, if any. I understand and agree that no individual involved with Collier County or with the Sheriffs Office will inspect any road or any other tangible property regarding my in-the-road activity or otherwise. I, (INITIAL HERE) _ shall carefully and personally inspect the road(s) and other tangible property where I will engage in any of these activities. I shall be responsible for my safety and well-being and I will not engage in any such activity unless I am continuously comfortable with the condition(s) and circumstances. I. (INITIAL HERE) hereby promise never to institute any suit, action at law, or in equity or otherwise; nor make any claim whatsoever against Collier County (as an entity), or the Board of County Commissioners (or any member thereat), or the Collier County Sheriff, or the Collier County Sheriff's Office; nor any "representative" of any of the same; nor against any provider of any vehicle, cone, vest, or other gear or equipment; nor against any o\'mer(s) of any property right or interest in any road (including Collier County) or the Board of County Commissioners, or the Sheriffs Office, (and every representative of any of the same) upon which I engage in any in-the-road activity whatsoever; nor to initiate or assist in any prosecution of any such claim(s) for damages. losses and/or cause(s) of action whatsoever which I, my heirs, distributors, executors, administrators, guardians, legal representatives and/or assignors whatsoever or whomsoever, and/or any other representative, hereafter may have by reason of my death, injury, and/or loss to my person, and/or damage, loss, injury to, or destruction of, any tangible and/or intangible property or thing, that arises directly or indirectly from any activity whatsoever referred to anywhere in this document. I (INITIAL HERE) HA VE FULLY AND CAREFULLY READ TIllS INFO&\ifED CONSENT AND W AIVE& I FULL Y UNDERSTAND, APPRECIATE AND AGREE TO EVERY PART OF IT. I HAVE SIGNED OF MY OWN FREE WILL IN EXCHANGE FOR BEING PERMITTED BY mE COUNTY TO CONDUCT IN-THE- ROAD ACTIVITY IN COLLIER COUNTY. FLORIDA I sign this Agreement on the _ day of .20_. SIGNED BY: PRINT name: My Telephone No. is: ~ My residence address is: WITNESSED BY: (1. the witness, am at least 21 years of age). Print name, address and telephone nwnber of this adult witness 3 Agenda Item No. 17H July 27, 2004 Page 13 of 13 EXECUTIVE SUMJ.\tIAR Y .- Recommendation to approve and enact an Ordinance allowing the obtainment of State of Florida and Federal Bureau of Investigation record checks through mandatory fingerprinting of current and new employees, vendors and contractors in certain positions related to Security and/or Public Safety. Objective: That the Board of County Commissioners approve and enact an Ordinance (attachcd) mandating the tlngerprinting of persons who currently hold, OT are newly hired to, positions related to Security and/or Public Safcty undcr the authority granted by FSS 125.5801 (2002). Considerations: The State of Florida under FSS 125.5801 (2002) has given the authority to the Board of County Commissioners to mandate state and federal criminal history checks for applicants for employmcnt, current employecs, contractors and vendors who the Board deems to be in positions critical to security and lor public safety. This would be accomplished by the submission of fingerprints taken by the Facilities Management Se<:urity Section and sent to the Florida Department of Law Enforcement for a state criminal check and to thc Federal Bureau of Investigation for a national c..Timinal history check. Records revealing convictions for misdemeanors of the first degree or for felonies could lead to denial of employment to perspective employees and/or termination of the employment of a currcnt employee. The positions listed below are deemed to be critical to security and/or public safety: ,,-.... 1 - Airport Authority - All positions except Accounting Tcchnician, Customer Service Reprcsentative, Grants Technician, Fiscal Technician, Finance Manager and other wholly administrative position employees who are not authorized either to have physical access to the airside of the terminal building or to any other airport restricted area. 2 - Security - All positions. 3 - County Staff Personnel and Contractors with Access to Security - All individuals who have access to plans, blueprints, or other records regarding the ~'Pecifics of any existing or proposed security system. 4 - CDES - Director of Building Review and Permitting. 5 - Facilities Management - All positions except Fiscal Technician and Service Writer. 6 - Risk Management - Manager of Occupational Health and Safcty; Safety Engineers. 7 - Fleet Management - Directors; Supervisor of Fleet Maintcnance, Supervisor of Flect Operations. ,--- Agenda Item No. 171 July 27,2004 Page 1 of 9 8 - Information Technology- Manager of Network Opcrations~ Security Administrator~ Manager of Telecommunications; Telecommunications Analyst. 9 - Management and Budget - Management and Budget Director. 10 - County Manager's Office - County Manager~ Deputy County Manager; Executive Assistant to the County Manager~ Assistant to the County Manager; and Executive Secretary. 11 - Fire Districts - Fire Cllicf; Assistant Fire Chiefs of Isle of Capri; Lieutenant; Firefighter and Administrative Secretary. 12 - Emergency Medical Services - All positions. 13 - Emergency Management - All posilions. 14 - Parks & Recreation - Park Rangers; Scnior Park Rangcrs~ Park Ranger Supervisnr; Beach & Water Superintendent; Project Manager. Senior Project Manager. 15 - Potable Water Department- All positions. .-. 16 - Transportation - Traffic Operations Engineering Technician; Traffic Operations Director; Traffic Opemtions Projcct Manager~ Traffic Operations Field Supervisor; Traffic Operations Senior Field Supervisor; Traftic Operations Signal Tcchnician~ Traffic Operations Signal System Network Engineer~ Traffic Operations Maintenancc Specialist; Senior GIS Analyst~ and Transportation Department's Aquatics Section: Crew Leader, Senior Crew Leaders, &luipment Operator, Sr. Equipment Operator, Heavy Equipment Operator, and Vegetation Management Supervisor. 17 - Additional Positions - Each additional position or classification added to this subsection from time-to-time by Resolution (s) of the Board. Individuals who submit applications to Collier County to be considered for employment in any of the listed positions shall be tingerprinted, and those fingerprints shall be submitted to the Florida Department of Law Enforccment (for state (..Timinal history check} and to the Federal Burcau of Investigation for a national criminal history check. The information obtained from each respective criminal history record will be used to determine thc applicant's eligibility for cmploymcnt (or continued cmployment). Othcr positions of employment (or appointment) dcemed by the Board of County Commissioners to be critical to sccurity or to public safety can be added to this Ordinance by Resolution(s) adopted from time-to-time by the Board. Contracts can mandate that each such position dccmed to be critical to security or to public safety shall undergo these criminal history record chccks, and the information obtained from, or as a result of, any such records check can be the sole basis to place ?- Agenda Item No. 171 July 27, 2004 Page 2 of 9 limitations on the places (locations) where such individuals shall be denicd all physical access at all times. Thc County Attorncy's Officc has reviewed the ordinance and the Human Resources Department is in concun'encc with these procedures. FISCAL IMPACT: Facilities Management has purchascd an ID 500 electronic fingerprint transmission system for $12,845. For cach set of fingerprints submitted to FDLE, thc County will be charged $39.00. The initial outlay to submit t1ngcrprints for existing employees in lhe named positions is estimated at $39,000 (one thousand employees, contractors and vendors) and approximately $7,800 (two hundred employees, contractors and vcndors) is estimatcd for each year thcreafter. The funds ($39,000) will be transfcrred from Gencral Fund Rescrvc to Facilities Managemcnt in FY 04 and then $7,800 will be add cd to the Facilities Management Security Section's operational budget for FY 05. GROWTH MANAGEMENT IMPACT: Therc is no impact on the Collier County Growth Managcment Plan. RECOMMENDATION: That the Board of County Commissioners approve and enact the Fingerprinting Ordinance. ..,"'-~' .- Agenda Item No. 171 July 27, 2004 Page 3 of 9 Item Number Item Summary Meeting Date Approved By Skip Camp, C.F.M. Administrative Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 171 Recommendation to approve and enact an Ordinance allowing the obtainment of State of Florida and Federal Bureau of Investigation record checks through mandatory fingerprinting of curre:lt and new employees, vendors and contractors in certain positions related to Security and/or Public Safety. 7/27/20049:00:00 AM Facilities Management Director Date Approved By Facilities Management 7/16/20043:04 PM Len Golden Price Administrative Services Administrative Services Administrator Date Approved By Administrative Services Admin. 7/16/20044:32 PM Pat Lehnhard County Manager's Office Administrative Assistant Date Office of Management & Budget 7/19/20048:27 AM Approved By Robin Johnson County Manager's Office Management/Budget Analyst Date Office of Management & Budget 7/19/20041:47 PM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 7/19/20044:40 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 7/19/20044:59 PM Agenda Item No. 171 July 27, 2004 Page 4 of 9 ORDINANCE NO. 2004 . AN ORDINANCE OF COLUER COUNTY, FLORIDA, PURSUANT TO SECTION 125,5801. FLORIDA STATUTES, MANDATING STATE AND FEDERAL CRIMINAL HISTORY RECORD CHECKS FOR SPECIFIED POSITIONS OF EMPLOYMENT BY COWER COUNTY OR BY OUTSIDE CONTRACTORS OR VENDORS; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVlDlNG FOR CONFLICT AND SEVERABIUTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 125.5801. Florida Statutes, (2004), authorizes the Board of County Commisslonenl to adopt this Ordinance to mandate state and federal criminal history records checks for applicants for employment In positions of employment deemed by the Board to be critical to security or to public safety regarding any facility owned or operated by Collier County; and WHEREAS. these criminal history records checks can apply to private individual contractors, employees or other representatives of contractors including vendors, repair persons, or delivery persons, any of whom are deemed by the Board to be critical with regard to security or to public safety, including concerns with regard to any such CoUier County owned or operated building or faCility; and WHEREAS, these aiminal history records checks include having the applicant, private individual contractors, employees or other representatives of contractors including vendors, repair persons, or delivery persons fingerprinted and submitting the individual's fingerprints to the Florida Department of Law Enforcement (for a state criminal background check) and to the Federal Bureau of Investigation for a national criminal history recoroa checK; and WHEREAS, the information obtained from the criminal history records checks will be used to determine the respective individual's eligibility for employment by the County or by any contractor with whom that County might contract; and WHEREAS, each individual applying for County employment, or who is then employed by the County, in any position then deemed by this Ordinance (or Board Resolution adopted pursuant to this Ordinance) to be critical to security or to public safety, can be denied employment (or if already employed, such employment can be terminated), if the individual has been or is convicted of any felony or any misdemeanor of the first degree, and the conviction need not be related to the respective position of employment or appointment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO THE CODe OF LAWS AND ORDINANCES. A new Section 2-66 of the Collier County Code of Laws and Ordinances (in Article III of Chapter 2) is hereby created to read as follows: Agenda Item No. 171 July 27,2004 Page 5 of 9 Sec. 2-68. Criminal History Record Checks Applicable to Individuals Employed in Positions of Employment Deemed by the Board of County Commissionens to be Critical to Security or Public Safety. (a) Each .position of employmenr listed below (and other positions as may be added to this Ordinanea by Resolutions of the Board of County Commissioners) is deemed to be critical to security or public safety. For the purposes of this Ordlnanea, "Facility" includes "building" and "County" includes each subpart of Collier County, including the Collier County Airport Authority and the Collier County Water-Sewer District. "Position of employmenr is not limited to true employees, but. shall be liberally construed to include each individual who Is "appointed- to the position; and also includes each individual who, because of hlslher relation to an entity that has entered into a contract with the County, who, because of that relationShip. will be afforded any opportunity to be a risk to security or to public safety, such as, but not limited to, each individual who, with or without authorization, could gain physical access to any place (restricted access location) where such individual could poison or otherwise contaminate any potable water that might be supplied by the County, or by the CoIUer County Water-Sewer District., to any consumer or end-user; or who. because of such relationship, could physically harm or destroy any functionality of any potable water facility owned or controlled by CoOler County or by said District; or who could damage or destroy any teleoommunlcations system or major telecommunications facility or computer system or network; and provided the individual will not always be subject to continuous. direct and immediate supervision by at least one (1) individual who had passed the background checks. (1) Positions of Employment: (i) Airport Authority: AU positions exeapt Accounting Technician, Customer Serviea Representative, Grants Technician, Fiscal Technician, Finanea Manager, and other wholly administrative position employees who are not authorized either to have physical access to the anide of any airport terminal building or to any other airport restricted area. (Ii) Security: All positions. (Hi) County Staff Personnel and Contractora with Ace... to any Security System: All individuals who have access to plans, blueprints or other records regarding the specifics of any existing or proposed security system. (iv) coes: Director of Building Review and Pennitting. (v) FacilitJee Management All positions except Fiscal Technician and SeNice Writer. 2 Agenda Item No. 171 July 27,2004 Page 6 of 9 (vO Risk Management: Manager of Occupational Health & Safety; Safety Engineer. (vii) Fleet Management: Director, Supervisor of Fleet Maintenance; Supervisor of Fleet Operations. (viii) Infonnation Technology: Manager of Network Operations; Security Administrator; Manager of Telecommunications; Telecommunications Analyst (ix) Management and Budget Management and Budget Director. (x) County Manager's OffIce: County Manager. Deputy County Manager; Executive Assistant to the County Manager, Assistant to the County Manager, and Executive Secretary. (xi) Fire Districts: Fire Chief; Assistant Fire Chief of Isle of Capri; Lieutenant. Firefighter. Administrative Secretary. (xii) Emergency Medical Servte..: All positions. (xiii) Emergency Management All positions. (xiv) Parka & R8CI'8atlon: Parle: Ranger; Senior Pari< Ranger; Parle: Ranger Supervisor, Beach and Water Superintendent; Project Manager; Senior Project Manager. (xv) Water Department All positions. (xvi) Transportation: Traffic Operations Engineering Technician; Traffic Operations Director; Traffic Operations Project Manager; Traffic Operations Field Supervisor; Traffic Operations Senior Field Supervisor; Traffic Operations Signal Technician; Traffic Operations Signal System Network Engineer; Traffic Operations Maintenance SpeQalist; Senior GIS Anatyst; and Transportation Department's Aquatics Section: Crew Leader, Senior Crew Leaders. Equipment Operator. Sr. Equipment Operator, Heavy Equipment Operator, and Vegetation Management Supervisor. (xvii) Additional Poeltiona: Each additional position or classification added to this subsection from time-to-time by Resolution(s) of the Board. (b) Each individual who submits an application to Collier County to be considered for employment in any at the listed positions of employment shall be fingerprinted. and those fingerprints shall be submitted to the Florida Department of Law Enforcement (for a state criminal history records check) and also to the Federal Bureau of Investigation for a national criminal history records check. The information obtained from each respective aiminal history record will be used to determine the applicant's eligibility for employment (or continued employment) to the respective position, or, if then employed, continued employment in any position that is required to successfully pass the respective criminal history record checkS'Agenda Item No. 171 July 27, 2004 3 Page 7 of 9 (c) Other positions of employment (or appointment) deemed by the Board of County Commlsaioners to be critical to security or to public safety can be added to this Ordinanca by Resolution(s) adopted from time-to-time by the Board. (d) Contracts can mandate that each such position deemed to be critical to security or public safety shall undergo these criminal history records checks, and information obtained from, or as a result of, any such recorda check can be the sole basis to place limitations on the places (locations) where such individuals shall be denied all physical access at all tinea. (e) This Ordinance shall be liberally construed. This Ordinance does not affect any law, any other ordinance, or any rule or regulation related to criminal history records checks except that pursuant to Section 125.5801 and subsection 112.011{2){c), Florida Statutes, each individual applying for County employment (or who Is then employed by the County) in a position that Is then deemed by this Ordinance (or resolution adopted by the Board under this Ordinance) to be critical to security or to public safety, Is not protected by Section 112.011, Florida Statutes, and, therefore, such individual can be denied employment (or if then already employed. the employment can be terminated) if that individual has been or is convicted of any felony or any misdemeanor of the first degree. whether or not the conviction is related to that employme~ SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law. the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of I..aw8 and Ordinances of Collier County, Florida, as a new Section 2-66 of that Code. The sections of the Ordinance may be renumbered or relettered to accompUsh that re$ult, and the word "Ordinance- may be changed to "Section: "Artide- or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon receipt of notice that this Ordinance has been flied with the Florida Department of State. 4 Agenda Item No. 171 July 27, 2004 Page 8 of 9 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2004. ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: BY:~~ p~ Th as C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman 5 Agenda Item No. 171 July 27, 2004 Page 9 of 9