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
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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.
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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
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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
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r
C I)
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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.
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Patrick . lee
Vice-President
Agenda Item No. 6A
July 27,2004
Page 2 of 2
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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.
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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
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Agenda Itern No. 68
July 27, 2004
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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
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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.
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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
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Agenda Item No. 6C
July 27,2004
t Page 1 of 2
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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
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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.
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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
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Agenda Item No. 60
July 27, 2004
t Page 1 of 9
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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
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~~;;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.
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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
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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
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Select Year: 12003 ..-:1
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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
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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:
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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.
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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:
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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.
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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
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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. CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY. a.ORIDA
BY:
DONNA FIALA. CHAIRr-..1AN
Approved as tll Fonn
and Legal Sullkiency:
Marjorie ~. Student
Assistallt County Attorney
--
V,\.:\lO-1 .\R.~79lV\IJD/"P
Page 2 \l( 2
Agenda Item No. 7 A
July 27, 2004
Page 5 of 31
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Coilj~r County
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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
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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
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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
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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"::, .'
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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,
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22. Zero lot line housing _
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Agenda Item NO.7 A
July 27, 2004
ExR:M~t1840f 31
--""
WORDS UNDERLINED ARE ADDITIONS; WORDS S~RYbK-~RgYbH-ARE DELETIONS.
r~--':'
r~
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-..
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
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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. Master Concept Plan lor Heritage Bay
5. Slalemellt of Estimated Regulatory Costs
(;
Agenda Item No. 8A
July 27, 2004
Page 11 of 67
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Agenda Item No. 8A
July 27, 2004
Page 12 of 67
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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
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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
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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
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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
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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
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3 29. \Vhat is the basis for your opinions?
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5 It is clear that the lands in the Quarry-CDD will continue to have the need for basic
6 infrastructure.
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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.
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] 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.
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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?
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22 Yes.
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24 31. What is your opinion?
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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.
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29 32. What is the basis for that opinion?
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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.
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Agenda Item No. 8A
July 27,2004
Page 25 of 67
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~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;
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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.
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9 36. Are there any other subjects within the State Comprehensive Plan which are
10 relevant?
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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.
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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.
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25 38. \Vhat is that opinion?
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27 The establishment of the Quarry-CDD is not inconsistent with any applicable
28 clement or portion of the local Collier County Comprehensive Plan.
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30 What is the basis f()r this opinion?
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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.
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39 39. Does this conclude your testimony?
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Agenda Item No. 8A
July 27,2004
Page 27 of 67
ml-fs I \..Jlawk\307597.o3
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Agenda Item No. 8A
July 27, 2004
Page 28 of 67
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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
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Are there any changes or corrections to the Petition at this time?
No.
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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
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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
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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
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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.
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Agenda Item No. 8A
July 27, 2004
Page 33 of 67
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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
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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.
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Agenda Item No. 8A
July 27, 2004
Page 35 of 67
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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
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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.
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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?
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J 7 29. What is your opinion and the basis for it?
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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.
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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?
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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.
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32 31. What is the basis for your opinions?
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34 It is clear that the lands in the Quarry-CDD will continue to have the need [or
35 basic infrastructure.
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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.
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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.
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Agenda Item No. 8A
July 27, 2004
Page 37 of 67
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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.
"\
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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.
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Agenda Item No. 8A
July 27, 2004
Page 38 of 67
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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:
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Agenda Item No. 8A
July 27, 2004
Page 39 of 67
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(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.
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Agenda Item No. SA
July 27.2004
Page 40 of 67
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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?
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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
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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
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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.
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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
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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
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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'
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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 -
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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
- <{-
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..
..,.~.~ 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-..-
~
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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
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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
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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.
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July 27,2004
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July 27, 2004
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.-.
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
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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~~ .
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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
~
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-
Everglades
City
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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
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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
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Tomasello Consulting Engineers, Inc.
5906 Center Street, Jupiter, Florida 33458
Phone 561.575-3910 Fax 561-744-1865 dlxletom@aol.com
~~
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June 30, 2004
.- .
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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
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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
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LAKEVIE..... DRIVE
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,-
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
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~NGIN~~RS &-. 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
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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
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- 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
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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
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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
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Recommendation to Approve Selection of Qualified Firm and Award a
Contract Under ITQ 04-3583 "CEI Services for Comer 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
OBJECTIVE: To engage professional Cpnstroction Engin~ering and Inspection (CEI) Services
from highly qualified ftnns 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 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
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2003040609
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Owner'>> Name
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I4I6e P1lIINAQ.I PI.
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....... PINHAaZ PI.
ad FAAl!I PaId
Amoant of
Bulldlq RoIld Impact P..... Paid
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VEm'UIlE IV
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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.
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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 "
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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
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2003042345 VENroRE IV
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Permit Addras
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READY
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READY
CANCEL
READY
UADY
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RLU7l'
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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
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'34
34'
"S4
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34
37
38
38
38
38
38
38
38
39
39
39
39
39
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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
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Owners N.me
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ad 1m
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\NSPEC\' 7/31/2003 2002102218
o.-cr~ 7~ 2002102218
r. . ..~. .~. ~.-::-' ...,~.t.", -,-~
OlSPrCl" '/s1I'M>>S' 2002102218
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~ 7131/201:13 20021'02218 .,
. SlIadad...... indicated Builcllng permits whe.. Rood Impact F_ we.. ovarpald.
7
vmroRE IV
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vr:tmlUlV
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VEN'JVti lV
,
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41
41
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.0 41 '
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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'~:
-----_..-......,...- -
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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&::--.
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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
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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.
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.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:.
".
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Agenda Item No. 12A
July 27.2004
Page 4 of 13
07/1V.OI\_D~~: \~ t .~.~t\\.'~~~\. \.I.a
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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)
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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)
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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, .,.....
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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"~~"!
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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
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m
JHHAve NW
J5TH AVE NW
~
(II
o
z
CD
~
3JRD AVE NW
~
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c
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...
z:
:<
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en
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(II
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z:
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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
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AVE NW
.15T AVE IE
39TH AVE NW
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Stewart - 1.14 acres
Note: mark contains 2
properties
35TH A'IE NW
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33RD AVE NW
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391H AVE NE
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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
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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
~
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33RO AVE N'N ~
35TH AVE NW
"........,~
24TH AVE NW
24TH AV~ NE 24TH AVE NE
z
a>
...
~
'"
...
z
~
~
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...
~
'"
z
c
Ul
...
z
:<
;:!
o
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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
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4~TH Nil.. NE
SHADY HOl\.OW BLVO E
.'ST Ave NE
39TH ~VE NW
39fH AIlE NE
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31lHAIIE "'W
35TH AVE N'N
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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
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-
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
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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
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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
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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
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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
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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
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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
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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
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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
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July 27,2004
Page 3 of 4
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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.
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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
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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
,.-.-
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DrsADv ANT AGED
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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
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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
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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
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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
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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
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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
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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
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,'_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
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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
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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
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· 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
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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
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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
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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
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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
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Agenda Item No. 1689
July 27,2004
Page 31 of 53
STATE OF FLORIDA COMMISSION FOR THE l'RANSPOR T A nON DISADVANTAGED
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
7/19/20045:52 PM
Agenda Item No. 16B22
July 27. 2004
Page 2 of 4
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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
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PH: 239-598-3196 PAX: 239-593-9924
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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
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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. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
7/14/20044:26 PM
Agenda Item No. 16C2
July 27,2004
Page 3 of 5
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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
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1/, ( '1 Z;..;
Agenda Item No. 16C4
July 27,2004
Page 9 of 17
2
3106 S, Horseshoe Drive. Naples, Florida 34104 . Phone (941) 643-2324 Fax (941) 643-1143 . E-Mail: engcolfier@cecifl.com
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COASTAL, .
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
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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
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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
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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
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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
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_____.. 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-- _
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-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
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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
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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
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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'
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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
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CERTIFIED ra:
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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
- ..-..'...
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. 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
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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.
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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.
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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.
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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.
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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.
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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 $249.794.00. The work will be conducted in accordance with
Collier County Contract # 03-3427 Environmental Engineering, Remediation and
Restoration Services for Collier County. Actual conditions may necessitate
changes, which will be billed in accordance with the Contract and previous
written authority by the County.
Additional work required beyond the scope of services included in this proposal
will be invoiced in accordance with Section 2, Collier County Contract #03-3427.
ISSUED BY:
G. George Yilmaz Date
Solid Waste Department Director
REVIEWED BY:
t/31/0:Y
D te {
n Y. Carnell
asing I General Services Director
ACCEPTED BY:
~~~'~
Nana G. Faulkner
Professional Service Industries, Inc. {PSI}
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Date
O:\Shared\ENV\Collier County Restoration Contract 2003\Cen 1 & 2 Restoration\Pha$e1 Work
Order\Project Background .doc
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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
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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.:
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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
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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
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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
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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
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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 to pay 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
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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
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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.
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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.
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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
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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.
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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
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~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
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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
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Agenda Item No. 16E2
July 27,2004
Page 5 of 5
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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)
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~~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. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
7/16/20041:56 PM
Agenda Item No. 16E5
July 27,2004
Page 2 of 40
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/.
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
~..
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.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
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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
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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
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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
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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
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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
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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
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"
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ALL QUUTl!.Y ARB BFFBCTWE FOll. H DAFS ! ~
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,
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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
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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~
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300538 Collier County Airport Authority
301236 Collier County Educational Facilities Authority
300539 Collier County Health Facilities Authority
300540 CoHier County Housing Finance Authority
300541 Collier County Industrial Development Auth
300542 Collier County Water-Sewer District
~-'4~ ~~~:.r:\~~:'1- Di)trict
,.,-
Agenda Item No. 16J 1
___---JJ)Jy27. 2004
Page 4 of 45
Monday, November 17,2003
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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
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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
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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):
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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;.~~-;;.~
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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-
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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
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( , I I ,.'-
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!:'l-:_' "0- nl
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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
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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
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03/17/2004 13:45 FA!
~008/010
Page lofl
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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
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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.)( '-
/
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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
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~ 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
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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..
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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
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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
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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:
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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:
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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
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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
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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
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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
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Agenda Item No. 170
July 27 I 2004
Page 23 of 24
EXHIBIT "An
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OR: 3215 PG: 1618
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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'.
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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
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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
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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
-----
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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.-
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