Agenda 05/24/2011 Item #16E11EXECUTIVE SUMMARY
Recommendation to approve anc
Board approved Agreement with
them to supply irrigation quality
Services Center and the South
County, and to authorize the
following County Attorney review.
5/24/2011 Item 16.E.11.
authorize an amendment to Exhibit B to the
the Lely Community Development District for
water to the combined site of the Emergency
Regional Library at no additional cost to the
; hairman to sign the necessary documents
OBJECTIVE: To approve an amendment to Exhibit B to the Board approved Agreement with
the Lely Community Development District (LCDD) for LCDD to supply irrigation quality water to
the combined site of the Emergency Service Center and the South Regional Library, and to
authorize the Chairman to sign the necessary documents. The Amendment is required to
remove a disparity in the original exhibit and to clarify the method by which the annual fees are
calculated.
CONSIDERATIONS: Exhibit B to the Agreement, dated September 15, 2009, has an error in
it. This was discovered during the review of an invoice submitted by LCDD on April 5, 2011, for
the service provided. The error is a conflict between the last paragraph of Exhibit B and the
figures shown in the County Calculation column of the spreadsheet.
The last paragraph Exhibit B provides "the total of the water management services budget, the
irrigation supply services budget and 15% of the administrative budget are multiplied by the
County's percentage of the ERU's to determine the annual O & M assessment attributable to
the County."
The itemized calculation example in Exhibit B, in the "County Calculation" column, has a
"Roadway Services" budget number that was erroneously used in place of the "Water
Management" budget item as stipulated in the description of the calculation.
Although the invoice was calculated correctly, using the correct categories, the Clerk's Finance
Department has advised that the Agreement must be corrected by amendment and subject to
approval by the BCC.
FISCAL IMPACT: There is no cost impact as a result of this Amendment to Exhibit B, since
the verbal description of the calculation method was accurate and being utilized, but the
spreadsheet example within the exhibit was in error.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
requires a majority vote, and is legally sufficient for Board action. - CMG
RECOMMENDATIONS: That the Board of County Commissioners approves and authorizes an
amendment to Exhibit B to the Board approved Agreement with Lely Community Development
District, dated September 15, 2009, and authorizes the Chairman to sign the necessary
documents following County Attorney review.
PREPARED BY: Hank Jones, Principal Project Manager, Facilities Management.
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5/24/2011 Item 16. E.11.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.11.
Item Summary: Recommendation to approve and authorize an amendment to Exhibit B
to the Board approved Agreement with the Lely Community Development District for them to
supply irrigation quality water to the combined site of the Emergency Services Center and the
South Regional Library at no additional cost to the County, and to authorize the Chairman to
sign the necessary documents following County Attorney review.
Meeting Date: 5/24/2011
Prepared By
Name: JonesHank
Title: Project Manager, Principal,Facilities Management
5/6/2011 12:16:52 PM
Submitted by
Title: Project Manager, Principal,Facilities Management
Name: JonesHank
5/6/2011 12:16:53 PM
Approved By
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 5/9/2011 9:17:29 AM
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 5/9/2011 10:52:59 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 5/10/2011 3:48:21 PM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
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Date: 5/10/20114:31:45 PM
5/24/2011 Item 16.E.11.
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 5/10/20114:36:25 PM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 5/10/2011 5:29:19 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/12/20113:22:56 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 5/17/2011 12:29:04 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 5/17/2011 1:45:12 PM
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5/24/2011 Item 16.E.11.
EXHIBIT A-1 Contract Amendment #1
Interlocal Agreement Between Collier County and Lely Resort, Phase Two, Part of Tract "B"
This amendment, dated -May 24, 2011 to the referenced agreement shall be by and between the
parties to the original Agreement, Board of Supervisors of the Lely Community Development District (to
be referred to as "CDD") and Collier County, Florida, (to be referred to as "County").
Statement of Understanding
RE: Contract: Interlocal Agreement Between Collier County and Lely Resort, Phase Two, Part of Tract
111311
In order to continue the services provided for in the original Contract document referenced above, the
CDD agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit "A] -
A" attached to this Amendment and incorporated herein by reference.
Words that have been deleted are efessed eut, words underlined have been added.
All other terms and conditions of the agreement shall remain in force.
IN WIT-NESS WHERE OF, the CDD and the County have each, respectively, by an authorized person
or agent, hereunder set their hands and seals on the date(s) indicated below,
Board of Supervisors of the Lely
Communi �,ve`fopni-en District
By: t 11
fke N . ne of Authorized Sign tor,
'1--j
ATTEST:
Dwight E. Brock, Clerk
Approved as to form and
,/'-T,Na1 sufficiency:
,—.Assistant County Attorney
Accepted: —.Mav 24 -, 2011
OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
K
hank` bites, qj-At Managt:r
DEPARTMENT DIRECTOR
By: 44
SkiKaai�
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5/24/2011 Item 16.E.11.
DIVISION ADMINISTRATOR
Len Price
CONTRACT SPECIALIST
By f! `tom
Lyn-M, t food
J
Amendment 91 to
Interiocal Agreement Between. Collier County and
Lely. Resort, Phase Two, Parr of Tract ".B"
Amendment #1 Exhibit A-4-A
Exhibit B
I-sly Community Development District
Catculallon of 0 & M Assessment for Collier County Board of Supervisors
(Lely tract B)
The he 0 & M assessment in calculated based on the benefits that the County will receive from Lely CDO, All other services will be
the responsibility of the County.
Laly CDD will provide water management services and irrigation supply services,
In addition, the Lely COD will assess a portion of the administrative assessment calculated at 15% of the total administrative
assessment.
The Equivalent Real0srittal Units (ERU's) assigned to Tract 8 are 40.
The Total ERU'a In the FY 2008 budget are 3283.54,
County's percentage of FRU*s - 1.2294
%
wx
The total of the water management services budget, the irrigation supply services budget budget are
multiplied by the County's percentage of the ERU's in determine the annual,10 & N1 assessment Murli;66ble to the County
interest Income
Disposition of Rxod Assets
Other Miscellaneous Revenues
t)irqcl BW
Special Assessment Levy
TOTAL REVENUE
PrOeasions: & Admlnistrstfvs
Reid Management Services
Landsrapiri@
water ma"gemenl
Lighting
Access Contml
�
Roadway M
Irrigation
Capital Ouffilik,
ter^
Property ,ud4s . er"",
Revenue RoservelContinpency
Total Experidi!uroz
ERUs
Assessment Levy
Assessment Billed to Cotfflvy
70M ERLrS
5/24/2011 Item 16.E.11.
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lied 2009
County
ftiv.M
43 Budget
. .. . ............. . ..
Calculanor,
74
tam
P,742
$2,3411,799
4355,701 15%
350,355
$920,738
$424,289
r ti
$03,974
$69,901
$0
$144.59D
so
$9,745
sp
1 Deleted: 9,745
$287,061
$287,W',
$0
$2,275,999
$,jai 39D
j'"eted: 3'4'7',-1S1---
$35,502
aD
9D
$2,348,061
M7,1 * 61 ,
3253.5e
86 Der unit
3123,54
7—
. . . . ........ . — — — --- --------- -- ----------
Deleted 4,235.37
. . . ...........
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5/24/2011 Item 16.E.11.
Amendment #1 Exhibit A-1 -A
Exhibit B
Lely Community Development District
Calculation of O & M Assessment for Collier County Board of Supervisors
(Lely tract B)
The O & M assessment is calculated based on the benefits that the County
will receive from Lely CDD. All
other services will be
the responsibility of the County.
Lely CDD will provide water management services and irrigation supply services.
In addition, the Lely CDD will assess a portion of the administrative assessment calculated at 15% of the total administrative
assessment.
The Equivalent Residential Units (ERU's) assigned to Tract B are 40.
The Total ERU's in the FY 2008 budget are 3283.54.
County's percentage of ERU's = 1.22%
The total of the water management services budget, the irrigation supply services
budget and e15% of the administrative budget are
multiplied by the County's percentage of the ERU's to determine the annual
O & M assessment attributable
to the County.
Audited FY 2008
County
General Fund Budget
Calculation
Interest Income
$28,804
Disposition of Fixed Assets
$27,17§
Other Miscellaneous Revenues - Special Assessment
Direct Bill
$445,074
Special Assessment Levy
$1,840,742
TOTAL REVENUE
$2,341,799
Professional & Administrative
$335,701
15% $50,355
Field Management Services
$920,738
$0
Landscaping
$424,289
$0
Water Management
$63,974
$63,974
Lighting
$89,901
$0
Access Control
$144,590
$0
Roadway
$9,745
$0
Irrigation
$287,061
$287,061
Capital Outlay ;,
$0
$0
$2,275,999
$401,390
Tax Collector
$36,550
$0
Property Appraiser
$35,502
$0
Revenue Reserve /Contingency
$0
$0
Total Expenditures
$2,348,051
$401,390
ERU's
Assessment Levy 3283.54
_
$586.93
per unit
Assessment Billed to County 40.00 1.22%
Total ERU's 3323.54
$4,896.96
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Lely
Community Development District
5672 Strand Court, Suite 1, Naples, FL 34110
(239)592 -9115 — (239)594 -1422 (fax)
May 5, 2011
Hank Jones
Collier County Facilities Management
3301 E. Tamiami Trail
Naples, FL 34112
Re: Interlocal Agreement with Collier County
Dear Mr. Jones:
5/24/2011 Item 16.E.11.
i
i
In the preparation of the original Exhibit B of the interlocal agreement
between the County and the Lely CDD, an error was made in the calculation
portion of the spreadsheet. The Roadway Services line item was carried over to the
County Calculation instead of the Water Management line item.
Attached is a revised Exhibit B and we would request that it be substituted
for the Exhibit B that was initially included in the interlocal agreement.
9115.
If you should have any questions, please feel free to contact me at (239) 592-
Sincerely
Gam' Powers
Senior Analyst
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